hly effective for
the defense of the royal authority. For just a hundred years (1074-
1174) the barons had been trying to overthrow the government; under
Henry II the long struggle came to an end, and the royal power
triumphed.
[1] Scutage: see S161. The demand for scutage seems to show that the
feudal tenure was now fully organized, and that the whole realm was by
this time divided into knights' fees,--that is, into portions of land
yielding 20 pounds annually,--each of which was obliged to furnish one
fully armed, well-mounted knight to serve the King (if called on) for
forty days annually.
[2] National militia: see SS96, 140.
But in getting the military control of the kingdom Henry had won only
half of the victory he was seeking; to complete his supremacy over the
powerful nobles, the King must obtain control of the administration of
justice.
In order to do this more effectually, Henry issued the Assize of
Clarendon (1166). It was the first true national code of law ever put
forth by an English king, since previous codes had been little more
than summaries of old "customs." The realm had already been divided
into six circuits, having three judges for each circuit. The Assize
of Clarendon gave these judges power not only to enter and preside
over every county court, but also over every court held by a baron on
his manor. This put a pretty decisive check to the hitherto
uncontrolled baronial system of justice--or injustice--with its
private dungeons and its private gibbets. It brought everything under
the eye of the King's judges, so that those who wished to appeal to
them could now do so without the expense, trouble, and danger of a
journey to the royal palace.
Again, it had been the practice among the Norman barons to settle
disputes about land by the barbarous method of Trial by Battle (S148);
Henry gave tenants the right to have the case decided by a body of
twelve knights acquainted with the facts.
In criminal cases a great change was likewise effected. Henceforth
twelve men from each hundred, with four from each township,--sixteen
at least,--acting as a grand jury, were to present all suspected
criminals to the circuit judges.[3] The judges sent them to the Ordeal
(S91); if they failed to pass it, they were then punished by law as
convicted felons; if they did pass it, they were banished from the
kingdom as persons of evil repute. After the abolition of the Ordeal
(1215), a petty jury of witn
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