of Liberties (S135,
note 1) to his people, by which he recognized the sacredness of the
old English laws for the protection of life and property. Somewhat
more than a century later this document became, as we shall see, the
basis of the most celebrated charter known in English history. Henry
attempted important reforms in the administration of the laws, and
laid the foundation of that system which his grandson, Henry II, was
to develop and establish. By these measures he gained the title of
the "Lion of Justice," who "made peace for both man and beast."
Furthermore, in an important controversy with the Pope respecting the
appointment of bishops (S136), Henry obtained the right (1107) to
require that both bishops and abbots, after taking possession of their
Church estates, should be obliged like the baron to furnish troops for
the defense of the kingdom.
But in the next reign--that of Stephen--the barons got the upper hand,
and the King was powerless to control them. They built castles
without royal license, and from these private fortresses they sallied
forth to ravage, rob, and murder in all directions. Had that period
of terror continued much longer, England would have been torn to
pieces by a multitude of greedy tyrants.
8. Reforms of Henry II; Scutage; Assize of Clarendon; Juries;
Constitutions of Clarendon.
With Henry II the true reign of law begins. To carry out the reforms
begun by his grandfather, Henry I, the King fought both barons and
clergy. Over the first he won a complete and final victory; over the
second he gained a partial one.
Henry began his work by pulling down the unlicensed castles built by
the "robber barons" in Stephen's reign. But, according to feudal
usage, the King was dependent on these very barons for his cavalry,--
his chief armed force. He resolved to make himself independent of
their reluctant aid. To do this he offered to release them from
military service, provided they would pay a tax, called "scutage," or
"shield money" (1159).[1] The barons gladly accepted the offer. With
the money Henry was able to hire "mercenaries," or foreign troops, to
fight for him abroad, and, if need be, in England as well. Thus he
struck a great blow at the power of the barons, since they, through
disuse of arms, grew weaker, while the King grew steadily stronger.
To complete the work, Henry, many years later (1181), reorganized the
old English national militia,[2] and made it thoroug
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