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Anarchy to administration

Anarchy to administration. 4.

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Anarchy to administration

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  1. Anarchy to administration 4

  2. “After the miseries they had endured the people hoped for better things from the new monarch, especially as Henry gave signs... of a strict regard for justice... In the early days he gave serious attention to public order and exerted himself to revive the laws of England, which seemed under King Stephen to be dead and buried.” William of Newburgh

  3. “All the people loved him, for he administered justice fairly and made peace . . . No man dared to do other than good, for he was held in great awe” Peterborough chronicler.

  4. The resting fame of Henry II is that as the prime founder of the English Common Law rests on the fact, that under his direction and inspiration the variations of local customs and privilege and the fierce tangle of competing jurisdictions which characterised the English justice system in the early twelfth century began to give way, slowly but for all time, to a single type of justice, royal justice, over the whole kingdom and available to all the kings free subjects through the precepts or writs which could be obtained at any time from the royal chancery. Itinerant king and Itinerant justice GWS Barrow

  5. The Pope

  6. Henry and the church Henry saw it as being essential to have as the head of the church in England someone who he saw eye to eye with. He needed someone whom understood the boundaries of church and state. Henry wanted to restore the role of the church and the level of its influence to that of Henry I. The problem was that during the civil unrest of Stephens reign the church had increased its powers significantly. The church had begun to encroach upon royal prerogative. Henry also wanted a greater say in the number of free elections. (appointments to become bishops) Many appeals in Church courts were being heard in the Popes court rather than the Kings court. The clergy could claim privilege of the church courts as opposed to the criminal courts of the crown. Must be remembered that a large proportion of people could lay claim to being part of the clergy. Not fully ordained priests, but merely in the minor orders. “There were many among the “clergy” in this wider sense who possessed no religious vocation whatever and who conducted there lives certainly no better than laymen and sometimes quite disreputably.” GWS Barrow In Henry’s eyes there was an issue of principle to be fought not just a power struggle. He argued that it was unfair for people to be punished by castration and hanging in the criminal courts yet escape with being unfrocked in the church courts for the same crime. The church in return retaliated that its trials were fairer than the criminal courts which used methods such as hot irons, water, compurgation (taking an oath and getting 12 people to confirm it to be true) to acquit or condemn. If the church was lenient in its punishments it was fairer and more foolproof in reaching its verdict.;

  7. Henry and the barons Establishing control of the over powerful barons was established. The “adulterine castles” built during the civil wars were pulled down. The barons knights would be required to do service to the king or pay the forfeit of a scuttage. Knights had to swear a personal oath of loyalty to the king “de dominio solo”. It could be argued that there was an element of acceptance from the barons to be controlled. Having gained significantly during the chaos of the civil wars, many were happy to see the level of Henry’s authority as it would consolidate their positions which could be threatened if chaos continued to reign. Henry was providing them with the stability that they wanted. Henry also chose his assistants wisely. Richard de Lucy, and Robert of Leicester were the two joint justiciars. Both had served under Stephen, giving continuity and were known for being dependable and loyal. The treasury was filled by Nigel, Bishop of Ely. His uncle had held that position under Henry I. Nigel's son Richard and then William of Ely would continue to hold the positions through to the reign of John. Giving great continuity again, but also empowering one family. His chancellery position he took the advise of the AB of C Theobald and appointed Thomas Becket. This helped secure the support of the Church.

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