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
But besides the growth of the common law, these reforms involved and
carried with them as a second consequence a great change in the machinery
of government and in the point of view from which it was regarded. We
have already seen how in the feudal state government functions were
undifferentiated and were exercised without consciousness of
inconsistency by a single organ, the curia regia, in which, as in all
public activities, the leading operative element was the feudal baronage.
The changes in the judicial system which were accomplished in the reign
of Henry, especially the giving of a more fixed and permanent character
to the courts, the development of legal procedure into more complicated
and technical forms, and the growth of the law itself in definiteness and
body,--these changes meant the necessity of a trained official class and
the decline of the importance of the purely feudal baronage in the
carrying on of government. This was the effect also of the gradual
transformation of the sheriff into a more strictly ministerial officer
and the diminished value of feudal levies in war as indicated by the
extension of scutage. In truth, at a date relatively as early for this
transformation as for the growth of a national law, the English state was
becoming independent of feudalism. The strong Anglo-Norman monarchy was
attacking the feudal baron not merely with the iron hand by which
disorder and local independence were repressed, but by finding out better
ways of doing the business of government and so destroying practically
the whole foundation on which political feudalism rested. Of the
threatening results of these reforms the baronage was vaguely conscious,
and this feeling enters as no inconsiderable element into the troubles
that filled the reign of Henry's youngest son and led to the first step
towards constitutional government.
Public-domain text, read in full here on John Shaqi.
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