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
justice were made more severe, and new enactments were added. In 1181 the
Assize of Arms made it compulsory on knights and freemen alike to keep in
their possession weapons proportionate to their income for the defence of
king and realm. In 1184 the Assize of the Forest enforced the vexatious
forest law and decreed severe penalties for its violation. In the year
before the king's death, in 1188, the Ordinance of the Saladin Tithe
regulated the collection of this new tax intended to pay the expenses of
Henry's proposed crusade.
This list of the formal documents in which Henry's reforms were
proclaimed is evidence of no slight activity, but it gives, nevertheless,
a very imperfect idea of his work as a whole. That was nothing less than
to start the judicial organization of the state along the lines it has
ever since followed. He did this by going forward with beginnings already
made and by opening to general and regular use institutions which, so far
as we know, had up to this time been only occasionally employed in
special cases. The changes which the reign made in the judicial system
may be grouped under two heads: the further differentiation and more
definite organization of the curia regis and the introduction of the
jury in its undeveloped form into the regular procedure of the courts
both in civil and criminal cases.
Under the reign of the first Henry we noticed the twofold form of the
king's court, the great curia regis, formed by the barons of the whole
kingdom and the smaller in practically permanent session, and the latter
also acting as a special court for financial cases--the exchequer. Now we
have the second Henry establishing, in 1178, what we may call another
small curia regis--apparently of a more professional character--to be
in permanent session for the trial of cases. The process of
differentiation, beginning in finding a way for the better doing of
financial business, now goes a step further, though to the men of that
time--if they had thought about it at all--it would have seemed a
classification of business, not a dividing up of the king's court. The
great curia regis, the exchequer, and the permanent trial court,
usually meeting at Westminster, were all the same king's court; but a
step had really been taken toward a specialized judicial system and an
official body of judges.
Public-domain text, read in full here on John Shaqi.
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