The Leading Facts of English History Part 15

The King's victory in this contest was of the greatest importance. It settled the question, once for all, that England was not, like the rest of Europe, to be managed in the interest of a body of great baronial landholders always at war with each other; but was henceforth to be governed by one central power, restrained but not overridden by that of the n.o.bles and the Cuhrch.

174. The King again begins his Reforms (1176).

As soon as order was restored, Henry once more set about completing his legal and judicial reforms (S165). His great object was to secure a uniform system of administering justice which should be effective and impartial.

Henry I had undertaken to divide the kingdom into districts or circuits, which were a.s.signed to a certain number of judges who traveled through them at stated times collecting the royal revenue and administering the law (SS137, 147). Henry II revised and perfected this plan.[1]

[1] This was accomplished by means of two laws called the Grand a.s.size and the a.s.size of Clarendon (not to be confounded with the Const.i.tutions of Clarendon). The a.s.size of Clarendon was the first true code of national law; it was later expanded and made permanent under the name of the a.s.size of Northampton. (See the Const.i.tutional Summary in the Appendix, p. vii, S8.)

In addition to the private courts which, under feudal law, the barons had set up on their estates (S150), they had in many cases got the entire control of the town and other local courts. There they dealt out such justice or injustice as they pleased. The King's judges now a.s.sumed control of these tribunals, and so brought the common law of the realm to every man's door.

175. Grand Juries.

The Norman method of settling disputed was by Trial by Battle, in which the contestants or their champions fought the matter out either with swords or cudgels (S148). There were those who objected to this club law. To them the King offered the privilege of leaving the decision of twelve knights, chosen from the neighborhood, who were supposed to know the facts. (See the Const.i.tutional Summary in the Appendix, p. vi, S8.)

In like manner, when the judges pa.s.sed through a circuit, a grand jury of not less than sixteen was to report to them the criminals of each district. These the judges forthwith sent to the Church to be examined by the Ordeal (S91). If convicted, they were punished; if not, the judges considered them to be suspicious characters, and ordered them to leave the country within eight days. In that way the rascals of that generation were summarily disposed of.

Henry II may rightfully be regarded as having taken the first step toward founding the system of Trial by Jury, which England, and England alone, fully matured. That method has since been adopted by every civilized country of the globe. (See the Constutional Summary in the Appendix, p. vii, S8.)

176. Origin of the Modern Trial by Jury, 1350.

In the reign of Henry's son John, the Church abolished the Ordeal (S91) throughout Christendom (1215). It then became the custom in England to choose a petty jury, acquainted with the facts, whoch confirmed or denied the accusations brought by the grand jury. When this petty jury could not agree, the decision of a majority was sometimes accepted.

The difficulty of securing justice by this method led to the custom of summoning witnesses. These witnesses appeared before the petty jury and testified for or against the party accused. In this way it became possible to obtain a unanimous verdict.

The first mention of this change occurs more than a hundred and thirty years later, in the reign of Edward III (1350); and from that time, perhaps, may be dated the true beginning of our modern method, by which the jury bring in a verdict, not from what they personally know, but from evidence sworn to by those who do.

177. The King's Last Days.

Henry's last days were full of bitterness. Ever since his memorable return from the Continent (S172), he had been obliged to hold the Queen a prisoner lest she should undermine his power (S171). His sons were discontented and rebellious. Toward the close of his reign they again plotted against him with King Philip of FRance. Henry then declared war against that country.

When peace was made, Henry, who was lying ill, asked to see a list of those who had conspired against him. At the head of it stood the name of his youngest son, John, whom he trusted. At the sight of it the old man turned his face to the wall, saying, "I have nothing left to care for; let all things go their way." Two days afterward he died of a broken heart.

178. Summary.

Henry II left his work only half done; yet that half was permanent, and its beneficent mark may be seen on the English law and the English const.i.tution at the present time.

When he ascended the throne he found a people who had long been suffering the miseries of a protracted civil war. He established a stable government. He redressed the wrongs of his people. He punished the mutinous barons.

He compelled the Church, at least in some degree, to acknowledge the supremacy of the State. He reformed the administration of law; established methods of judicial inquiry which gradually developed into our modern Trial by Jury; and he made all men feel that a king sat on the throne who believed in a uniform system of justice and who endeavered to make it respected.

Richard I (Coeur de Lion)[1]--1189-1199

179. Accession and Character of Richard I.

Henry II was succeeded by his second son, Richard, his first having died during the civil war (1183) in which he and his brother Geoffrey had fought against Prince Richard and their father (S171). Richard was born at Oxford, but he spent his youth in France.

[1] Richard Coeur de Lion: Richard the Lion-Hearted. An old chronicler says that the King got the name from his adventure with a lion. The beast attacked him, and as the King had no weapons, he thrust his hand down his throat and "tore out his heart." This story is not without value, since it ill.u.s.trates how marvelous legends grow up around the lives of remarkable men.

The only English sentence that he was ever known to speak was when he was in a raging pa.s.sion. He then vented his wrath against an impertinent Frnchman, in some broken but decidedly strong expressions of his native tongue. Richard has been called "a spendid savage,"

having most of the faults and most of the virtues of such a savage.

The King's bravery in battle and his daring exploits gained for him the flattering surname of Coeur de Lion. He had a right to it, for he certainly possessed the heart of a lion, and he never failed to get the lion's share. He might, however, have been called, in equal truth, Richard the Absentee, since out of a nominal reign of ten years he spent but a few months in England, the remaining time being consumed in wars abroad.

180. Condition of Society.

Perhaps no better general picture of society in England during this period can be found than that presented by Sir Walter Scott's novel, "Ivanhoe." There every cla.s.s appears. One sees the Saxon serf and swineherd wearing the brazen collar of his master Cedric; the pilgrim wandering from shrine to shrine, with the palm branch in his cap to show that he has visited the Holy Land; the outlaw, Robin Hood, lying in wait to strip rich churchmen and other travelers who were on their way through Sherwood Forest. He sees, too, the Norman baron in his castle torturing the aged Jew to extort his hidden gold; and the steel-clad knights, with Ivanhoe at their head, splintering lances in the tournament, presided over by Richard's brother, the traitorous Prince John (S177).

181. Richard's Coronation.

Richard was on the Continent at the time of his father's death. His first act was to liberate his mother from her long imprisonment at Winchester (S177); his next, to place her at the head of the English government until his arrival from Normandy. Unlike Henry II, Richard did not issue a charter, or pledge of good government (S160). He, however, took the usual coronation oath to defend the Church, maintain justice, make salutary laws, and abolish evil customs; such an oath might well be considered a charter in itself.

182. The Crusades (1190); how Richard raised Money.

At that period all western Europe was engaged in the series of wars known as the Crusades. The object of this long contest, which began in 1096 and ended in 1270, was to compel the Saracens or Mohammedans to give up possession of the Holy Land to the Christians (S186).

Immediately after his coronation, Richard resolved to jion the King of France and the Emperor of Germany in the Third Crusade. To get money for the expedition, the King extorted loans from the Jews (S119), who were the creditors of half England and had almost complete control of the capital and commerce of every country in Europe.

The English n.o.bles who joined Richard also borrowed largely from the same source; and then, suddenly turning on the hated lenders, they tried to extinguish the debt by extinguishing the Jews. A pretext against the unfortunate race was easily found. Riots broke out in London, York, and elsewhere, and hundreds of Israelites were brutally ma.s.sacred.

Richard's next move to obtain funds was to impose a heavy tax; his next, to dispose of t.i.tles of rank and offices in both Church and State, to all who wished to buy them. Thus, to the aged and covetous bishop of Durhap he sold the earldom of Northumberland for life, saying, as he concluded the bargain, "Out of an old bishop I have made a new earl."

He sold, also, the office of chief justice to the same prelate for an additional thousand marks (S161, note 1), while the King of Scotland purchased freedom from subjection to the English King for ten thousand marks.

Last of all, Richard sold cities and town, and he also sold charters to towns. One of his courtiers remonstrated with him for his greed for gain. The King replied, "I would sell London itself could I find a purchaser rich enough to buy it."

183. The Rise of the Free Towns.

Of all these devices for raising money, that of selling charters to towns had the most important results. From the time of the Norman Conquest the large towns of England, with few exceptions, were considered part of the King's property; the smaller places generally belonged to the great barons.

The citizens of these towns were obliged to pay rent and taxes of various kinds to the King or lord who owned them. These dues were collected by an officer appointed by the King or lord (usually the sheriff), who was bound to obtain a certain sum, whatever more he could get being his own profit. For this reason it was for his interest to exact from every citizen the uttermost penny. London, as we have seen, had secured a considerable degree of liberty through the charter granted to it by William the Conqueror (S107). Every town was now anxious to obtain a similar charter.

The three great objects which the citizens of the towns sought were:

(1) To get the right of paying their taxes directly to the King.

(2) To elect their own magistrates.

(3) To administer justice in their own courts in accordance with laws made by themselves.

The only way to gain these privileges was to pay for them. Many of the towns were rich, and, if the King or lord needed money, they bargained with him for the favors they desired. When the agreement was made, it was drawn up in Latin and stamped with the King's seal (S154). Then the citizens took it home in triumph and locked it up as the safeguard of their liberties, or at least of some part of them.

Thus, the people of Leicester, in the next reign, purchased from the Earl of Leicester, their feudal lord, the right to decide their own disputes. For this they payed a yearly tax of threepence on every house having a gable on the main street. These concessions may seem small, but they prepared the way for greater ones.

What was still more important, these charters educated the citizens of the day in a knowledge of self-government. The tradesmen and shopkeepers of these towns did much to preserve free speech and equal justice. Richard granted a large number of these town charters, and thus unintentionally made himself a benefactor to the nation.[1]

[1] Rise of Free Towns: By 1216 the most advanced of the English towns had become to a very considerable extent self-governing. See W. Stubbs's "Const.i.tutional History of England."

184. Failure of the Third Crusade.

The object of the Third Crusade (S182) was to drive the Mohammedans from Jerusalem. In this it failed. Richard got as near Jerusalem as the Mount of Olives. When he had climbed to the top, he was told that he could have a full view of the place; but he covered his face with his mantle, saying, "Blessed Lord, let me not see thy holy city, since I may not deliver it from the hands of thine enemies!"