‘How did Henry II reform the legal system in the later Middle Ages?’

1. ‘How did Henry II reform the legal system in the later Middle Ages?’

2. By the end of this section you should be able to… • Describe the changes made regarding law enforcement under Henry II • Explain the developments that occurred during the latter part of the Middle Ages.

3. What can we learn from this source about the legal system established by Henry II? A 15th-century illustration showing the court of King’s Bench, first set up by Henry II.

4. Your Task 1. Write the title ‘How did Henry II reform the legal system in the later Middle Ages?’ in your books 2. One person from each group should come to the front of the class to collect question 1. 3. Take question 1 back to your group. 4. As a group find the answer to the question from the information sheet you have been given. 5. All people in the group should write the question and answer into their books. You will not get the next question until ALL people have complete this. 6. One person from the group to bring their answer to the front of the class. If the answer is correct you will be given question 2. 7. Repeat for each question until all questions are answered.

5. Extension question: • How does the role of Henry II illustrate the importance of a strong monarch in providing law and order?

6. What can we learn from this source about the legal system established by Henry II? What can we learn from this source about the legal system established by Henry II? A 15th-century illustration showing the court of King’s Bench, first set up by Henry II. A 15th-century illustration showing the court of King’s Bench, first set up by Henry II.

7. A New Legal System in the Later Middle Ages. Before 1154 Before Henry II became king, most crimes were dealt with in the Manor Court. This met several times a year, usually, in the landowner’s manor house. Here, the lord or his representative acted as judge and he would collect taxes from the villagers and sort out any arguments or problems concerning law and order. The Manor Court dealt with small crimes, such as failing to keep your dog under control or selling weak ale. A jury of 12 decided whether they thought the prisoner was guilty or not and the judge chose the punishment. Sometimes, a judge may have recommended that a crime was too serious to deal with and sent it to the county court, which met twice a year. Henry II In 1154, at the end of the civil war, Henry II became king. His priority was to restore the authority of the king. He had to tackle the problem of the ‘over-mighty’ subjects – powerful individuals such as sheriffs or great nobles who felt strong enough to ignore the law and decisions of the courts. One of the ways he did this was to update and draw together the Anglo-Saxon, Norman and royal laws in the Constitution of Clarendon, 1164. In this way he created the basis of the English Common Law (the one we have today). For the first time since the Romans, England had a system of unified law that was the same throughout the land. Henry also reformed the system of law enforcement to make the king more powerful. His reforms were: Henry II

8. After 1154… Use of Juries Juries of presentment were set up. Known as ‘grand juries’, these had been used before, but Henry II made them more regular and important of the legal system. They had to report breaches of law to the Sherriff. They did not decide on guilt or innocence, simply deciding whether the accuser had enough evidence to warrant a case being brought to trial. In Henry II’s reign, trial by ordeal was still common but he encouraged the use of ‘petty-juries’. Increasingly, they were used to decide on the guilt or innocence of an accused person. Travelling justices in Eyre. Henry divided England into six ‘eyres’ or circuits and new royal judges travelled around to hear the legal cases using the English Common LawIt is thought this system would be fairer and more consistent than the old manor courts. County Gaol All counties now had their own prisons where accused people were kept before the judge arrived to try their case. Royal Writ To make sure powerful sheriffs enforced the king’s law, writs (the King’s instructions) were written and sent. The Court of King’s Bench. The most serious criminal cases were dealt with by the King’s court (a new court in London) and not in the local courts. Church Justice Henry also attempted to reduce the legal rights and privileges of the Church such as separate courts, sanctuary and benefit of the clergy. However, the Church’s power was too so great that Henry was forced to allow Church courts to continue. In fact, after 1154 the church played an even greater role in the English legal system. Not only did it provide educated men to record laws, draw up writs and act as judges, it also influenced the laws that were made and how those found guilty were punished.

10. Patterns of change in law enforcement Role of the monarch/community/religion in law enforcement High Low 50 450 700 1050 1450 Monarch Community KEY: Religion