The Reign of Henry II
Henry II was one of the efficient of all monarchs of England. He took the throne after the anarchy of Stephens reign and immediately collared his errant barons. He was the one who refined the Norman government and brought up a self-standing bureaucracy. This paper discusses the Maitland thought that the reign of Henry II was a crucial moment in English legal history. According to the treaty of Wallingford, succession agreement that was signed by Stephen and Matilda, Henry took over the throne in 1154. He was technically a feudal vassal of the king of France, however, Henry owned many territories and was very powerful than France Lord
English and Norman barons during the reign of Stephen manipulated feudal law to underrate the royal authority. During the reign of Henry, he instituted many reforms that led to the weakening traditional feudal ties and strengthen his position. Illegal castle that was built during the previous reign were all razed. Military services replaced monetary payments as the main duty of vassals. The Exchequer was revitalized so that accurate record keeping and tax collection enforcement. This kind of tax that Henry’s baron paid in lieu of the services of military, gave room to the king to hire mercenaries. These troops that were hired were all used to great influence by Henry and Richard his son, and by 1159 the tax was central to the army of the king and his authority over the vassals.
During this reign the sheriffs that were incompetent were all replaced and royal court authority during the reign was expanded. He empowered a social class of government clerks that was new as per the time. This helped in the stabilized procedures in which the government could effectively operate in the absence of the king, and would also subsequently prove enough tenacious to survive the times of kings that were incompetent.
The reforms he made in his era, gave rise to the emergence of a body common law that replaced the disparate customs of feudal and courts of county. The trials of jury were initiated to bring to an end the old Germanic trails by battle or ordeal. His systematic approach to law provided a common ground for the development of royal institutions throughout the entire realm. rom Sir Winston Churchill Kt, 1675: "Henry II Plantagenet, the very first of that name and race, and the very greatest King that England ever knew, but withal the most unfortunate . . . his death being imputed to those only to whom himself had given life, his ungracious sons. . ." (Warren, p.135)
The reign of Henry the second, saw the emergence of royal magistrate courts that gave room to court officials under the power of the crown, to adjudicate local disputes. This led to the reduction of work load to the royal courts proper and delivering justice with grater efficiency. During his era, he worked hard to ensure the legal systems are fairer. This was realized by the introduction of trial by ordeal and the trial by combat, which were still common in 12 century. In 1156 by the Assize of Clarendon, was a decade latter supplemented by the Assize of Northampton, a precursor to trial by jury, that alerted court officials to group to groups of twelve law men, as it was commonly referred to by Assize. This provided services that were more similar to a grand jury. This alerted court officials to matters that were suitable for prosecution. In spite of these reforms, trial by ordeal continued till the fourth council of the Lateran forbade the participation of the clergy 1215 and trial by the combat was still legal in England till 1819. Albeit only hardly resorted to after 12th century. on the other hand, the juries Henry’s support was a great “contribution to the country's social history and allowed for a smoother transition from ordeal to jury than was managed in other European nations where trial by inquisition and even torture became commonplace”, (Hosler, p. 170)
The process that was used to strengthen the royal courts, though led to unexpected controversy, the church courts that were instituted by William the Conqueror became a safe heaven for criminal of different degrees and abilities, for a round one in every fifty of the population of English, qualified as clerics. After his return from France and found that there were serious murders that went caught free because their rights were to be tried in church courts. By that time, individuals that had sought the privileges of being tried in church courts were not all clergymen. This was because; any individual who had been trained by the church could decide to be tried in the church court. This even went a step a head to include clerks who had been taught how to read and write by the church but had never gone a head to become a clergy had a right to church court trial. It was to the offenders’ advantage, since church courts could not enforce punishments that involved violence like mutilation or execution. There were several instances where clergies were involved in murder, robbery among other crimes that only at the end got only the so called spiritual punishments, like the suspension from office, or banishment from the alter. It was a wish of Henry to transfer sentencing in such cases to the royal courts, as in most cases church courts demoted clerics to being laymen. In the culture of Norman kings, Henry II was keen in having secular laws predominating over the church laws.
The clergy had free hand and in any case were not required to obey the laws of any land that were conflicting with the church governance. Henry in his vision wanted the laws of land to be obeyed by all, laity and clergy a like. In 1164, the king set out constitutions that amounted to 16, that were targeting the reduction of ecclesiastic interferences from Rome. Secular courts also had jurisdiction over clerical trials and most disputes. The authority of Henry assured him of majority support, however Thomas Beckett who was the newly appointed Archbishop and Henry best friend and the chancellor since 1155, was named the archbishop of Canterbury, but latter distanced himself from Henry, and vehemently opposed the weakening of church courts. Beckett ran away from England but latter returned due to Pop Adrian intervention, but still greatly angered Henry by opposing the coronation of Prince Henry. Exasperated Henry went public and said put forward his desire to eliminate the contentious Archbishop.
The king went on with dogging in his pursuit to take control over the clerics. “By 1170, the pope was considering excommunicating all of Britain. Only Henry's agreement that Becket could return to England without penalty prevented this fate. Thus the separation of England and the Church of Rome was forestalled until Henry VIII.” (Barber, p. 69).
On contrary to his goodness, his words that were intended to mean Beckett that he doesn’t understand the miserable drones and traitors in the country that let their master to be shamefully treated a low-born cleric sparked the darkest action in his reign in religious wrangling. This was taken to be a proactive speech that perhaps just as riling to the knights and barons in his household at whom the speech had targeted. He was bitter at his old friend’s way of continuously thwarting his constitutions that concerned the clerics. Though the king shouted with anger but not with intent possibly, but this was overheard by the four knights of Henry who decided to take actions on his behalf, by murdering Beckett in his own cathedral.
Whatever the reason or cost, this tainted the name of Henry latter in his reign. For the remaining years of his rule, he used to regret personally for the death of a man, who was a friend in happier times. Three years after his death, he was canonized and revered to as a martyr against secular interferences in governing the church of God; Pop Alexander had declared him a saint. Plantagenet historian believe that, “The martyrdom of Thomas Becket was a martyrdom which he had repeatedly gone out of his way to seek...one cannot but feel sympathy towards Henry" (Harvey p.45). However, it doesn’t matter the truth and intention or where the problem lies, this was just yet another sacrificial lamb to the ongoing war between the state and the church.
“It is the common fate of sons to be misunderstood by their fathers, and of fathers to be unloved of their sons, but it has been the particular bane of the English throne”, (Barber, p.58). The Angevin Curse of the Plantagenet kings was infamous. In his attempt to divide his lands amongst numerous determined children, led to many problems. His plan for an elderly power transfer depended on Young Henry and his young brothers doing homage to him in exchange for land. Richard objected the position of being subordinate to his brother as they had similar mother and father, and similar royal blood. In addition, Richard was his mother’s favorite and had been promised to be given the kingship of Aquitaine. When Henry tried to overset this kind of arrangement, Richard was enraged and very rebellious.
Ion 1173, Richard and Young Henry opposed their father and his plans of succession, attempting to secure the land that they were promised. The revision and changing of the inheritance of the ruler nurtured jealousy in his family, which then turned to revolt. Whilst both Richard and Young were comparatively strong in France, they still ran short of manpower to and skills to trouble their father unduly. In this first rebellion, the king crushed them and was sincere in his punishment, for instance, Richard lost half to the revenue allowed to him as a count of Poitou, (Turner & Heiser, p 99).
The aggression of Plantagenet children turned inward. Richard, Young Henry and Geoffrey, started fighting each other for their fathers possessions on the continent. The condition was accelerated by French rebels and the France king. This was the most serious threats to come from within the family yet, and the king was faced with the dynastic tragedy of civil war. Revolts that had been constructed around the price, immediately collapsed, and brothers that remained returned to their individual lands. Henry immediately occupied the rebel area of Angouleme to maintain peace.
The last battle between the princes of Henry was in 1184. The Brittany’s Geoffrey and John of Ireland, the brothers who were youngest had been guaranteed Anguitaine, which Richard the elder brother owned. John and Geoffrey invaded, but Richard had been at that time controlling an army for more than 10 years and by that time was an accomplished military commander. “Turner Richard expelled his indecisive brothers and they would never face one another in combat, mainly because, Geoffrey died later leaving Richard and John”, (Turner, p.34)
In conclusion, Henry brought several changes that concerned law during his reign, starting with domestic policies, dominating nobles, legal reforms, and strengthened royal control over the church. However as a human being, he had his shortfalls like for example; the murder of Thomas Beckett and the civil war and rebellion. After considering all these strengths and weaknesses in Henry reign, I concur with Maitland thought that, the reign of Henry II was a crucial moment in English legal history.
Work Cited
Barber, Richard, The Devil's Crown: A History of Henry II and His Sons. New York: Severn House Publishers, 1996.
Barber, Richard. Henry Plantagenet. Woodbridge: Boydell Press, 2003.
Harvey, John. The Plantagenet. 4th ed. London: Fontana, 1969,
Hosler, John. Henry II: A Medieval Soldier at War, 1147–1189 (History of Warfare; 44). Boston: Brill Academic Publishers, 2007.
Turner, Ralph. & Heiser, Richard. The Reign of Richard Lionheart: Ruler of the Angevin Empire. The Medieval World. Harlow, UK: Longman. 2000.
Warren, William. Henry II. London: John Murray, 1973.
