LITMIR.BIZ

Скачать книгу

      Henry at once adopted vigorous measures. He destroyed the illegally erected fortresses, sent off the mercenaries, and deprived many earls who had been created by Stephen and Matilda of their titles. Henry II's task was a difficult one. He had need of all his indefatigable energy and quickness of mind to restore order in England and at the same time rule the wide realms on the continent which he had either inherited or gained through his marriage with the heiress of the dukes of Guienne.[91] Although he spent the greater part of his reign across the Channel, he still found time to be one of the greatest of all England's rulers.

      His reforms in the judicial system.

      The grand jury.

      In order that he might maintain his prerogatives as judge of disputes among his subjects and avoid all excuse for the private warfare, which was such a persistent evil on the continent, he undertook to improve and reform the system of royal courts. He arranged that his judges should make regular circuits throughout the country, so that they might try cases on the spot at least once a year. He established the famous Court of King's Bench to try all other cases which came under the king's jurisdiction. This was composed of five judges from his council, two clergymen, and three laymen. We find, too, the beginning of our grand jury in a body of men in each neighborhood who were to be duly sworn in, from time to time, and should then bring accusations against such malefactors as had come to their knowledge.

       The Plantagenet Possessions in England and France

      

      Trial by jury.

      The common law.

      As for the petty or smaller jury, which actually tried the accused, its origin and history are obscure. It did not originate with Henry II, but he systematized trial by jury and made it a settled law of the land instead of an exceptional favor. The plan of delegating the duty of determining the guilt or innocence of a suspected person to a dozen members of the community who were sworn to form their opinion without partiality was very different from the earlier systems. It resembled neither the Roman trial, where the judges made the decision, nor the mediæval compurgation and ordeals, where God was supposed to pronounce the verdict. In all legal matters the decisions of Henry's judges were so sagacious and consistent that they became the basis of the common law which is still used in all English-speaking countries.

      Henry II and Thomas à Becket.

      Becket as chancellor.

      Henry's reign was embittered by the famous struggle with Thomas à Becket, which illustrates admirably the peculiar dependence of the monarchs of his day upon the churchmen. Becket was born in London. He early entered one of the lower orders of the Church, but grew up in the service of the crown, and was able to aid Henry in gaining the throne. Thereupon the new king made him his chancellor. Becket proved an excellent minister and defended the king's interest even against the Church, of which he was also an officer. He was fond of hunting and of warlike enterprises and maintained a brilliant court from the revenues of the numerous church benefices which he held. It appeared to Henry that there could be no better head for the English clergy than his sagacious and worldly chancellor. He therefore determined to make him Archbishop of Canterbury. The kings of that time often chose their most efficient officers from among the prelates. Lanfranc, for example, had been the Conqueror's chief minister. There were several good reasons for this practice. The clergy were not only far better educated than laymen but they were also not ordinarily dangerous as military leaders, nor could their offices become hereditary.

      Made Archbishop of Canterbury, Becket defends the cause of the Church against the king.

      In appointing Becket Archbishop of Canterbury, Henry intended to insure his own complete control of the Church. He proposed to bring clerical criminals before the royal courts and punish them like other offenders, to make the bishops meet all the feudal obligations, and to prevent appeals to the pope. Becket, however, immediately resigned his chancellorship, gave up his gay life, and opposed every effort of the king to reduce the independence of the Church. After a haughty assertion of the supremacy of the spiritual power over the secular government, Thomas fled from the wrathful and disappointed monarch to France and the protection of the pope.

      Murder of Becket and Henry's remorse.

      In spite of a patched-up reconciliation with the king, Becket proceeded to excommunicate or suspend some of the great English prelates and, as Henry believed, was conspiring to rob his son of the crown. In a fit of anger, Henry exclaimed among his followers, "Is there no one to avenge me of this miserable clerk?" Unfortunately certain knights took the rash expression literally, and Becket was murdered in Canterbury cathedral, whither he had returned. The king had really had no wish to resort to violence, and his sorrow and remorse when he heard of the dreadful deed, and his terror at the consequences, were most genuine. The pope proposed to excommunicate the king. Henry, however, made peace with the papal legates by the solemn assertion that he had never wished the death of Thomas and by promising to return to Canterbury all the property which he had confiscated, to send money to aid in the capture of the Holy Sepulcher at Jerusalem, and to undertake a crusade himself.[92]

      Richard the Lion-Hearted, 1189–1199.

      John, 1199–1216.

      54. Henry's later years were troubled by the machinations of Philip Augustus of France and by the quarrels and treason of his own sons, of which some account has already been given.[93] He was followed by his son, the picturesque Richard the Lion-Hearted, one of the most romantic figures of the Middle Ages. He was, however, a poor ruler, who spent but a few months of his ten years' reign in England. He died in 1199 and was succeeded by his brother John, from all accounts one of the most detestable persons who has ever worn a crown. His reign was, nevertheless, a notable one in the annals of England. In the first place, he lost a great part of the possessions of his house upon the continent (Normandy, Brittany, Anjou, etc.); secondly, he was forced by a revolt of his people, who refused to endure his despotism any longer, to grant the Great Charter. The loss of his lands across the Channel has already been described; it remains only to speak of the winning of the Great Charter of English liberties.[94]

      The granting of the Great Charter, 1215.

      When, in 1213, John proposed to lead his English vassals across the water in order to attempt to reconquer his lost possessions, they refused to accompany him on the ground that their feudal obligations did not bind them to fight outside of their country. Moreover, they showed a lively discontent with John's despotism and his neglect of those limits of the kingly power which several of the earlier Norman kings had solemnly recognized. In 1214 a number of the barons met and took a solemn oath to compel the king, by arms if necessary, to confirm a charter containing the things which, according to English traditions, a king might not do. It proved necessary to march against John, whom the insurgent nobles met at Runnymede, not far from London. Here on the 15th of June, 1215, they forced him to swear to observe the rights of the nation, as they conceived them, which they had carefully written out.

      The provisions of the Charter and its importance.

      The Great Charter is perhaps the most famous document in the history of government;[95] its provisions furnish a brief and comprehensive statement of the burning governmental questions of the age. It was really the whole nation, not merely the nobles, who concluded this great treaty with a tyrannous ruler. The rights of the commoner are guarded as well as those of the noble. As the king promises to observe the liberties and customs of his vassals and not to abuse his feudal prerogatives, so the vassals agree to observe the rights of their men. The merchant is not to be deprived of his goods for small offenses, nor the farmer of his wagon and implements. The king is to impose no tax, beside the three stated feudal aids,[96] except by the consent of the great council of the nation. This is to include the prelates and greater barons and all who hold directly of the king.

      There is no more notable clause in the Charter than

Скачать книгу