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The reign of Henry II as he pursues the goals of ridding the land of adulterine (unauthorized) castles and criminous clerks. The attempt to separate secular and religious court systems runs into opposition from Becket.
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Henry II
PlantagenetsAngevins
French BroomGenista monspessulana
Eleanor of Aquitaine
England to Aquitaine
England Divided
Castles
• Most continue to be motte and bailey• Replacement of wood palisade with
stone – shell keep Norwich attrib. Henry I
Soldiers
Knights
Chapel
Wiston Castle, Wales
Adulterine Castle
Scarborough
Henry II
Henry crowned• Return to policies
of Henry I• Appointment of
Chancellor –Thomas Becket
Matilda
• Continues to be a major influence on Henry
Epitaph 1169
"Here lies Henry's daughter, wife and mother; great by birth, greater by marriage, but greatest in motherhood."
1154 Henry II King
Appointments• Richard de Lucy – Royal Justiciar• Robert de Beaumont –Co-justiciar
[Chief political and judicial officers]• Thomas a Becket, Chancellor
King Henry II - Goals
• Destruction of adulterine castles• Rule of law • Continue his grandfather’s organization
of the court system
Chancellor
• Chief Administrative Officer• Authorize payments in the absence of
King• Travel with King – sometimes• Ambassador
Becket the Chancellor
• Mission to Paris• Mission to Toulouse• Battle Abbey conflict
Becket the Archbishop
• 1162 After a year of vacancy, Becket appointed to Canterbury
–Logical successor as archdeacon
–Loyal–Efficient administrator–Showy but frugal, pious and
chaste
Becket the Archbishop
• 1163 Henry supports council with Pope at Tours
• Becket resigns as chancellor – symbolic• Promotes sainthood for Anselm• Makes claims against barons
John of Salisbury (~1115-1176)• Aide to archbishops of
Canterbury• Metalogicon (In Defence of
Logic)– Advocacy of mass
communication
• 1159 Policraticus (The Man of Government)– Divine right of
kings/responsibilities
A Common Law
• Common across jurisdictions• Common across time
– Respect for precedent
Criminous Clerks
• Minor clergy combine secular roles• Poorly trained (and paid?) parish priests• 1163 Council of Westminster• 1164 Constitutions of Clarendon
Constitutions of Clarendon
• Certain controversies between lay and clergy should be treated in royal court.
• Clergy should be tried in the royal court for non-church offenses.
• Archbishops, bishops, and parsons of the kingdom are not permitted to go out of the kingdom without the license of the lord king
Constitutions of Clarendon
• Laymen should not be accused except through known and lawful accusers and witnesses in the presence of the bishop.
• If the guilty persons are such that no one wishes or dares to accuse them, the sheriff, on being asked by the bishop, shall have twelve lawful men from the neighborhood… set forth the truth in the matter according to their own knowledge
Constitutions of Clarendon
• Appeals… should proceed from the archdeacon to the bishop, and from the bishop to the archbishop. And if the archbishop fails to provide justice, recourse should finally be had to the lord king
• When an archbishopric, [etc.] within the king's gift becomes vacant, it should be in his [the king’s] hands; and he shall thence take all revenues and income just as from his own demesne.
Law and Order
1166 Assize of Clarendon– Judicial procedures
1170 Inquest of sheriffs– Sheriffs as agents of the Crown
Courts
King’s BenchCriminal cases and
disputes between citizens and King
Later, court of appeals
Courts
• Exchequer• Exchequer of the
Jews [after Richard I]
The Courts
Court of Common Pleas • 1178 Five justices to
hear civil disputes between individuals
• Distinct from cases involving the Crown
http://courts.state.de.us/CommonPleas/history.stm
Mss. ~1460
1176 Assize of Novel Disseisin
• Process to achieve justice for a claim of wrongful dispossession.
Jury
1. Was the plaintiff disseised?
2. Did the defendant do it?
Justice would decide penalty based on finding.
Mort d’Ancestor
• Continuation of possession by heirs• Jury to decide rival claims• Tenant could show cause why claimant
was not eligible• Unsuccessful claimant subject to fines
Judgment
• Decision embodied in chirograph
Later Chirograph with Foot
Royal Land - Grand Assize
• Alternative chosen by tenant to trial by battle.
• Jury of 12 knights– view disputed property– recognize greater right
Criminal Law
• Juries of ‘presentment’– Private appeal by injured party– Public appeal– Indictment of serious criminals– Ordeal of water– Survivors who were still suspected could
be banished or have to provide guarantors.
The ‘Good Old Days’Crime - Lincolnshire
1202 population ~200,000
• 114 homicides• 89 robberies• 65 woundings• 42 rapes
c.2000population 600,000
• 90 homicides• 184 robberies• 3800 assaults• 50 rapes
Becket vs. Henry
• Habit of lavish expenditure
• Traditional first loyalty of bishops to Church
1164 Becket vs. Henry
• Thomas, archbishop of Canterbury, made answer for himself and the others, that they would receive those laws which the king said were made by his grandfather, and with good faith would observe the same; saving their orders and the honor of God and of the Holy Church in all respects
• Becket accedes upon mediation• Becket refuses to sign.
1165 Council at Northampton
Gilbert Foliot
Becket in Exile
Becket in Exile
• Appeals to the Pope• Counter appeals by bishops loyal to
Henry• Collaboration with Louis of France
Becket Returns
• 1169 Conference at Montmirail• Montmartre• 1170 Coronation of Henry, the ‘Young
King’ by Archbishop of York• Reconciliation? Possibility of
repeat coronation• Becket’s paranoia
“Who will rid me of this turbulent priest.”
29 December 1170
Becket the SaintCanonized 1173