The Leading Facts of English HistoryMontgomery, D. H. (David Henry)
History
The Leading Facts of English History
Montgomery, D. H. (David Henry)
Great Britain -- History
Believing that this new trouble was a judgment from Heaven for
Becket's murder, Henry resolved to do penance at his tomb. Leaving
the Continent with two prisoners in his charge,--one his son Henry's
queen, the other his own,--he traveled with all speed to Canterbury.
There, kneeling abjectly before the grave of his former chancellor and
friend, the King submitted to be beaten with rods by the priests, in
expiation of his sin.
173. End of the Struggle of the Barons against the Crown.
Henry then moved against the rebels in the north (S171). Convinced of
the hopelessness of holding out against his forces, they submitted.
With their submission the long struggle of the barons against the
Crown came to an end (SS124, 130). It had lasted nearly a hundred
years (1087-1174).
The King's victory in this contest was of the greatest importance. It
settled the question, once for all, that England was not, like the
rest of Europe, to be managed in the interest of a body of great
baronial landholders always at war with each other; but was henceforth
to be governed by one central power, restrained but not overridden by
that of the nobles and the Cuhrch.
174. The King again begins his Reforms (1176).
As soon as order was restored, Henry once more set about completing
his legal and judicial reforms (S165). His great object was to secure
a uniform system of administering justice which should be effective
and impartial.
Henry I had undertaken to divide the kingdom into districts or
circuits, which were assigned to a certain number of judges who
traveled through them at stated times collecting the royal revenue and
administering the law (SS137, 147). Henry II revised and perfected
this plan.[1]
[1] This was accomplished by means of two laws called the Grand Assize
and the Assize of Clarendon (not to be confounded with the
Constitutions of Clarendon). The Assize of Clarendon was the first
true code of national law; it was later expanded and made permanent
under the name of the Assize of Northampton. (See the Constitutional
Summary in the Appendix, p. vii, S8.)
In addition to the private courts which, under feudal law, the barons
had set up on their estates (S150), they had in many cases got the
entire control of the town and other local courts. There they dealt
out such justice or injustice as they pleased. The King's judges now
assumed control of these tribunals, and so brought the common law of
the realm to every man's door.
175. Grand Juries.
The Norman method of settling disputed was by Trial by Battle, in
which the contestants or their champions fought the matter out either
with swords or cudgels (S148). There were those who objected to this
club law. To them the King offered the privilege of leaving the
decision of twelve knights, chosen from the neighborhood, who were
supposed to know the facts. (See the Constitutional Summary in the
Appendix, p. vi, S8.)
Public-domain text, read in full here on John Shaqi.
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