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
The task of preserving order in the medieval state was in the main the
task of repressing and punishing crimes of violence. Murder and assault,
robbery and burglary, fill the earliest court records, and on the civil
side a large proportion of the cases, like those under the assizes of
Mort d'Ancestor and Novel Disseisin, concerned attacks on property not
very different in character. The problem of the ruler in this department
of government was so to perfect the judicial machinery and procedure as
to protect peaceable citizens from bodily harm and property from violent
entry and from fraud closely akin to violence. An additional and
immediate incentive to the improvement of the judicial system arose from
the income which was derived from fines and confiscations, both heavier
and more common punishments for crime than in the modern state. It would
be unfair to a king like Henry II, however, to convey the impression that
an increase of income was the only, or indeed the main, thing sought in
the reform of the courts. Order and security for land and people were
always in his mind to be sought for themselves, as a chief part of the
duty of a king, and certainly this was the case with his ministers who
must have had more to do than he with the determining and perfecting of
details.
This is not the place to describe the judicial reforms of the reign in
technical minuteness or from the point of view of the student of
constitutional history. The activity of a great king, the effect on
people and government are the subjects of interest here. The series of
formal documents in which Henry's reforming efforts are embodied opens
with the Constitutions of Clarendon in 1164. Of the king's purpose in
this--not new legislation, but an effort to bring the clergy under
responsibility to the state for their criminal acts according to the
ancient practice,--and of its results, we have already had the story. The
second in the series, the Assize of Clarendon, the first that concerns
the civil judicial system, though we have good reason to suspect that it
was not actually Henry's first attempt at reform, dates from early in the
year 1166. It dealt with the detection and punishment of crime, and
greatly improved the means at the command of the state for these
purposes. In 1170, to check the independence of the sheriffs and their
abuse of power for private ends, of which there were loud complaints, he
ordered strict inquiry to be made, by barons appointed for the purpose,
into the conduct of the sheriffs and the abuses complained of, and
removed a large number of them, appointing others less subject to the
temptations which the local magnate was not likely to resist. This was a
blow at the hold of the feudal baronage on the office, and a step in its
transformation into a subordinate executive office, which was rapidly
going on during the reign. In 1176, in the Assize of Northampton, the
provisions of the Assize of Clarendon for the enforcement of criminal
Public-domain text, read in full here on John Shaqi.
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