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
Henry no doubt felt that he had lost much, but in truth he had every
reason to congratulate himself on the lightness of his punishment for the
crime to which his passionate words had led. He did not get all which he
had set out to recover from the Church, but his gains were large and
substantial. The agreement is a starting-point of some importance in the
legal history of England. It may be taken as the beginning, with more
full consciousness of field and boundaries, of the development of two
long lines of law and jurisdiction, running side by side for many
generations, each encroaching somewhat on the occupied or natural ground
of the other, but with no other conflict of so serious a character as
this. The criminal jurisdiction of the state did not recover quite all
that the Constitutions of Clarendon had demanded. Clerks accused of the
worst offences, of felonies, except high treason, were tried and punished
by the Church courts, and from this arose the privilege known as benefit
of clergy with all its abuses, but in all minor offences no distinction
was made between clerk and layman. In civil cases also, suits which
involved the right of property, even the right of presentation to
livings, the state courts had their way. Two large fields of law, on the
other hand,--marriage, and wills,--the Church, much to its profit, had
entirely to itself.
The interval of peace for Henry was not a long one. Hardly was he freed
from one desperate struggle when he found himself by degrees involved in
another from which he was never to find relief. The policy which he was
to follow towards his sons had been already foreshadowed in the
coronation of the young Henry in 1170, but we do not find it easy to
account for it or to reconcile it with other lines of policy which he was
as clearly following. The conflict of ideas, the subtle contradictions of
the age in which he lived, must have been reflected in the mind of the
king whose dominions themselves were an empire of contrasts. Of all the
middle ages there is perhaps no period that saw the ideal which chivalry
had created of the wholly "courteous" king and prince more nearly
realized in practice than the last half of the twelfth century--the brave
warrior and great ruler, of course, but always also the generous giver,
who considered "largesse" one of the chiefest of virtues and first of
duties, and bestowed with lavish hand on all comers money and food, robes
and jewels, horses and arms, and even castles and fiefs, recognizing the
natural right of each one to the gift his rank would seem to claim. That
such an ideal was actually realized in any large number of cases it would
be absurd to maintain. It is not likely that any one ever sought to equal
in detail the extravagant squandering of wealth in gifts which figures in
the poetry of the age--the rich mantles which Arthur hung about the halls
at a coronation festival to be taken by any one, or the thirty bushels of
Public-domain text, read in full here on John Shaqi.
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