Henry II 1174-1189

1. Henry II 1174-1189

2. Law justice and administration • “Royal government had changed from being an occasion to an all pervasive force” • W L Warren • Pervasive in that it had spread throughout the kingdom and was possibly intrusive as a consequence, as it may have been required to be. • Synopsis- change from local to central government- • Sherrifs Law- Kings men sent to check that Sheriffs were doing their job properly, collecting taxes and fines appropriately and that they were being received by the exchequer. • The writ of novel disseisin 1176- land disputes • The writ of Mort d’ancestor 1176- inheritance disputes • Grand assize- a grand jury to settle the more complicated cases. Rather than trial by ordeal/ battle. Makes HII the ultimate protector of all free men against exploitation by their feudal lords (barons). Protect the tenants from their feudal lords. • Juries- Established to enforce the kings will at grass root level (most local level). Evidence of the pervasiveness of HII’s justice system. • Itinerant courts- Brings the Kings courts to the people. • Permanent court at Westminster- established by Henry giving it a sense of centrality. A central base. • Supported throughout by the Justices in eyre and the Curia Regis.

3. 8) The Assize of Clarendon 1166- The Sheriffs and county justices were ordered to make enquiries to those who were suspected of murder, robbery or theft. All testimonies should be done under oath (fear of hell if they lied). Sheriffs expected to pursue suspects. Convictions resulted in land forfeiting to the sheriff and possession been sold and proceeds going to the treasury. Ordeal by water still used though for the most serious crimes. (Rope bound to the accused with a knot tied above their head. If they sank and the knot went below the water they were innocent if they floated then they were guilty). 9) The Assize of Northampton 1176- This modified the Assize of Clarendon by taking the responsibility away from the sheriffs to the Justices in Eyre- the travelling courts of the King. 10) TheAssize of Arms of 1181- he demanded that every freeman should be armed and ready for military service. Knights, burghers (citizens of a town), and all freeholders were to have, always at the service of the king, arms and armour according to their wealth. The assize stipulated precisely the military equipment that each man should have according to his rank and wealth. This sees a move away from the mercenaries previously used. The itinerant justices were to summon local juries to determine the property of each person and to apportion the arms that they would have to provided. In so doing they took the place of the sheriffs in all matters relating to the local militia. Thus was created a new fighting force for England.

4. Law justice and administration Debate- Innovation or autocracy • Evidence of HII’s legal, judicial and administrative measures provide us with the basis of our modern democracy. • Introduced a consistent and central system that could be used by all (in theory). • A system that was fair and incorrupt. • The legal, judicial and administrative reforms were a means to establish Royal authority and control. • The undermined and reduced the power of the barons. • The provided the crown with unmatched revenues. Evaluation The measures may not have been universally popular and may have been seen to have been intrusive and pervasive. They did however bring a system, a reference point or a set of established criteria for all to use. They also provided stability and security which transcended all classes. HOWEVER synopsis can be extended to Magna Carta, this suggests that the successes were either short term successes or undone by the reign of Richard and John