In the seven years which followed the suppression of the barons’ revolt Henry’s prosperity reached its height. The rising in which all his enemies had united for his destruction had ended in leaving him seated more firmly than ever upon the most securely-established throne in Europe. Within the four seas of Britain he was master as no king had ever been master before him. The English people had been with him from the first, and was learning year by year to identify its interests more closely with his; the Church, alienated for nearly ten years, was reconciled by his penance; feudalism was beaten at last, and for ever. The Welsh princes were his obedient and serviceable vassals; the Scot king had been humbled to accept a like position; a new subject-realm was growing up on the coast of Ireland. The great external peril which had dogged Henry’s footsteps through life, the hostility of France, was for a while paralyzed by his success. Other external foes he had none; the kings of Spain and of Sicily, the princes of the Western and even of the Eastern Empire, vied with each other in seeking the friendship, one might almost say the patronage, of the one sovereign in Europe who, safe on his sea-girt throne, could afford to be independent of them all. Within and without, on either side of the sea, all hindrances to the full and free developement of Henry’s policy for the government of his whole dominions were thus completely removed.
In England itself the succeeding period was one of unbroken tranquillity and steady prosperous growth, social, intellectual, political, constitutional. Henry used his opportunity to make a longer stay in the island than he had ever made there before, save at the very beginning of his reign. He was there from May 1175 to August 1177; in the following July he returned, and stayed till April 1180; he came back again in July 1181, and remained till March 1182. Each of these visits was marked by some further step towards the completion of his judicial and administrative reforms. Almost as soon as he set foot in the country, indeed, he took up his work as if it had never been interrupted. The king and his eldest son went to England together on May 9, 1175;[842] on Rogation Sunday they publicly sealed their reconciliation with each other and with the Church in a great council which met at Westminster[843] under the presidence of a new archbishop of Canterbury, Richard, formerly prior of Dover, who after countless troubles and delays had been chosen just before the outbreak of the rebellion to fill S. Thomas’s place,[844] and had come back from Rome in triumph, with his pallium and a commission as legate for all England, just as Henry was returning to Normandy from his success against Hugh Bigod.[845] From the council the two kings and the primate went all together on a pilgrimage to the martyr’s tomb at Canterbury;[846] at Whitsuntide the kings held a court at Reading,[847] and on S. Peter’s day they met the Welsh princes in a great council at Gloucester.[848] Two days later the process, begun two years before, of filling up the vacant bishoprics and abbacies which had been accumulating during Thomas’s exile was completed in another council at Woodstock.[849] Thence, too, was issued an edict for the better securing of order throughout the realm, and particularly around the person of the king; all his opponents in the late war were forbidden, on pain of arrest as traitors, to come to the court without special summons, and, under any circumstances, to come before sunrise or stay over night; and all wearing of arms, knife, bow and arrows, was forbidden on the English side of the Severn. These prohibitions however were only temporary;[850] and they were, with one exception, the only measure of general severity taken by Henry in consequence of the rebellion. That exception was a great forest-visitation, begun by Henry in person during the summer of 1175 and not completed by his ministers, it seems, till Michaelmas 1177, and from which scarcely a man throughout the kingdom, baron or villein, layman or priest, was altogether exempt. In vain did Richard de Lucy, as loyal to the people as to the king, shew Henry his own royal writ authorizing the justiciars to throw open the forests and give up the royal fish-ponds to public use during the war, and protest against the injustice of punishing the people at large for a trespass to which he had himself invited them in the king’s name and in accordance, as he had understood it, with the king’s expressed will. The license had probably been used to a far wider extent than Henry had intended; the general excitement had perhaps vented itself in some such outburst of wanton destructiveness as had occurred after the death of Henry I.; at any rate, the Norman and the Angevin blood in Henry II. was all alike stirred into wrath at sight of damage done to vert and venison; the transgressors were placed, in technical phrase, “at the king’s mercy,” and their fines constituted an important item in the Pipe Roll of 1176.[851]
In the beginning of that year the king assembled a great council at Northampton,[852] and thence issued an Assize which forms another link in the series of legal enactments begun at Clarendon just ten years before. The first three clauses and the twelfth clause of the Assize of Northampton are substantially a re-issue of those articles of the Assize of Clarendon which regulated the presentment, detention and punishment of criminals and the treatment of strangers and vagabonds.[853] The experience of the past ten years had however led to some modifications in the details of the procedure. The recognition by twelve lawful men of every hundred and four of every township, to be followed by ordeal of water, was re-enacted; but the presentment was now to be made not to the sheriff, but direct to the king’s justices. The punishments, too, were more severe than before; the forger, robber, murderer or incendiary who under the former system would have suffered the loss of a foot was now to lose a hand as well, and to quit the realm within forty days.[854] The remaining articles dealt with quite other matters. The fourth declared the legal order of proceeding with regard to the estate of a deceased freeholder, in such a manner as to secure the rights of his heir and of his widow before the usual relief could be exacted by the lord; and it referred all disputes between the lord and the heir touching the latter’s right of inheritance to the decision of the king’s justices, on the recognition of twelve lawful men[855]—a process which, under the name of the assize of mort d’ancester, soon became a regular part of the business transacted before the justices-in-eyre. Some of the other clauses had a more political significance. They directed the justices to take an oath of homage and fealty to the king from every man in the realm, earl, baron, knight, freeholder or villein, before the octave of Whit-Sunday at latest, and to arrest as traitors all who refused it:[856]—to investigate and strictly enforce the demolition of the condemned castles;[857] to ascertain and report by whom, how and where the duty of castle-guard was owed to the king;[858] to inquire what persons had fled from justice and incurred the penalty of outlawry by failing to give themselves up at the appointed time, and to send in a list of all such persons to the Exchequer at Easter and Michaelmas for transmission to the king.[859] The tenth article was aimed at the bailiffs of the royal demesnes, requiring them to give an account of their stewardship before the Exchequer;[860] and two others defined the justices’ authority, as extending, in judicial matters, over all pleas of the Crown, both in criminal causes and in civil actions concerning half a knight’s fee or less; and in fiscal matters, over escheats, wardships, and lands and churches in royal demesne.[861]
The visitations of the justices by whom this assize was carried into effect were arranged upon a new plan, or rather upon a modified form of the plan which had been adopted two years before for the assessment of a tallage upon the royal demesnes, to meet the cost of the expected war. It was at that terrible crisis, when most men in Henry’s place would have had no thought to spare for anything save the military necessities and perils of the moment, that he had first devised and carried into effect the principle of judicial circuits which with some slight changes in detail has remained in force until our own day. This tallage was levied by nineteen barons of the Exchequer, distributed into six companies, each company undertaking the assessment throughout a certain district or group of shires.[862] The abandonment of this scheme in the assizes of the two following years was probably necessitated by the disturbed state of the country. But at the council of Northampton the kingdom was again definitely mapped out into six divisions, to each of which three justices were sent.[863] In the report of their proceedings in the Pipe Roll of the year they are for the first time since the Assize of Clarendon[864] officially described by the title which they had long borne in common speech, “justitiæ itinerantes” (or “errantes”), justices-in-eyre; and it is from this time that the regular institution of itinerant judges is dated by modern legal historians.[865]
This first distribution of circuits however was soon altered. In the very next year the same eighteen officers made, in addition to their judicial circuits, a general visitation of the realm for fiscal purposes, in four companies instead of six;[866] and on Henry’s return to England in the summer of 1178 he made what at first glance looks like a sweeping change in the organization of the Curia Regis. “The king,” we are told, “made inquiry concerning his justices whom he had appointed in England, whether they treated the men of the realm with righteousness and moderation; and when he learned that the country and the people were sore oppressed by the great multitude of justices—for they were eighteen in number—by the counsel of the wise men of the realm he chose out five, two clerks and three laymen, who were all of his private household; and he decreed that those five should hear all the complaints of the realm, and do right, and that they should not depart from the king’s court, but abide there to hear the complaints of his men; so that if any question came up among them which they could not bring to an end, it should be presented to the king’s hearing and determined as might please him and the wise men of the realm.”[867] From the mention of the number eighteen it appears that the persons against whom were primarily directed both the complaint of the people and the action of the king were the justices-in-eyre of the last two years; and this is confirmed by the fact that of all these eighteen, only six were among the judges who went on circuit in 1178 and 1179, while from 1180 onwards only one of them reappears in that capacity, though many of them retained their functions in the Exchequer. In 1178 and 1179 moreover the circuits were reduced from six to two, each being served by four judges.[868] The enactment of 1178, however, evidently touched the central as well as the provincial judicature, and with more important results. It took the exercise of the highest judicial functions out of the hands of the large body of officers who made up the Curia Regis as constituted until that time, and restricted it to a small chosen committee. This was apparently the origin of a limited tribunal which, springing up thus within the Curia Regis, soon afterwards appropriated its name, and in later days grew into the Court of King’s Bench. At the same time the reservation of difficult cases for the hearing of the king in council points to the creation, or rather to the revival, of a yet higher court of justice, that of the king himself in council with his “wise men”—a phrase which, while on the one hand it carries us back to the very earliest form of the Curia Regis, on the other points onward to its later developements in the modern tribunals of equity or of appeal, the courts of Chancery and of the Privy Council in its judicial capacity.[869]
All these changes in the circuits and in the Curia Regis had however another motive. The chief obstacle to Henry’s judicial and legal reforms was the difficulty of getting them administered according to the intention of their author. It was to meet this difficulty that Henry, as a contemporary writer says, “while never changing his mind, was ever changing his ministers.”[870] He had employed men chosen from every available class of society in turn, and none of his experiments had altogether brought him satisfaction. Feudal nobles, court officials, confidential servants and friends, had all alike been tried and, sooner or later, found wanting.[871] There was only one who had never yet failed him in a service of twenty-five years’ duration—Richard de Lucy “the loyal”; but in the summer of 1179 Richard de Lucy, to his master’s great regret, resigned his office of justiciar and retired to end his days a few months later as a brother of an Augustinian house which he had founded at Lesnes in Kent to the honour of S. Thomas of Canterbury.[872] Henry in this extremity fell back once more upon a precedent of his grandfather’s time and determined to place the chief administration, for the moment at least, again in clerical hands. Instead of a single justiciar-bishop, however, he appointed three—the bishops of Winchester, Ely and Norwich;[873] all of whom, under their earlier appellations of Richard of Ilchester, Geoffrey Ridel and John of Oxford, had long ago acquired ample experience and shewn ample capacity for the work of secular administration.[874]
This arrangement was however only provisional. The number of judicial circuits was again raised to four, and to each of the three southern circuits was despatched one of the justiciar-bishops, with a royal clerk and three laymen to act as his subordinate assistants. The fourth circuit, which took in the whole district between the Trent and the Scottish border, was intrusted to six justices, of whom only two were clerks; one of these, Godfrey de Lucy the archdeacon of Richmond, a brother of the late chief justiciar, stood nominally at the head of the commission; but there can be little doubt that its real head was one of his lay colleagues—Ralf de Glanville,[875] the faithful sheriff of Lancashire and castellan of Richmond to whom William the Lion had given up his sword at Alnwick in 1174;[876] and these six were appointed to form the committee for hearing the complaints of the people, apparently in succession to the five who had been selected in the previous year.[877] All four bodies of judges brought up a report of their proceedings to the king at Westminster on August 27,[878] and it seems to have been the most satisfactory which he had yet received. When he went over sea in the following April, he left Ralf de Glanville to represent him in England as chief justiciar.[879] Ralf’s business capacities proved to be at least as great, and his honesty as stainless, as those of his predecessor; and from that time forth the management of the entire legal and judicial administration was left in his hands. Circuits, variously distributed, continued to be made from year to year and for divers purposes by companies of judges, ranging in total numbers from three to twenty-two;[880] while the King’s Court and the Exchequer pursued their work on the lines already laid down, without further interruption, till the end of Henry’s reign.
The last of Henry’s great legal measures, with the exception of a Forest Assize issued in 1184, was an ordinance published in the autumn of 1181 and known as the Assize of Arms. Its object was to define more fully and exactly the military obligations of the people at large in the service of the king and the defence of the country;—in a word, to put once again upon a more definite footing the old institution of the “fyrd,” which was the only effective counterpoise to the military power of the barons, and whose services in 1173 and 1174 had proved it to be well worthy of the royal consideration and encouragement. The Assize of 1181 declared the obligation of bearing arms at the king’s command to be binding upon every free layman in the realm. The character of the arms with which men of various ranks were required to provide themselves was defined according to a graduated scale, from the full equipment of the knight down to the mail-coat, steel-cap and spear of the burgher and the simple freeman.[881] The justices were directed to ascertain, through the “lawful men” of the hundreds and towns, what persons fell under each category, to enroll their names, read out the Assize in their presence, and make them swear to provide themselves with the proper accoutrements before S. Hilary’s day.[882] Every man’s arms were to be carefully kept and used solely for the royal service; they were not to be taken out of the country, or alienated in any way;[883] at their owner’s death they were to pass to his heir;[884] if any man possessed other arms than those required of him by the Assize, he was to dispose of them in such a manner that they might be used in the king’s service;[885] and all this was enforced by a stern threat of corporal punishment upon defaulters.[886]
The freemen who were armed under this Assize had little occasion to use their weapons so long as King Henry lived. Within the four seas of Britain there was almost unbroken peace till the end of his reign. The treaty with Scotland was ratified by the public homage of William the Lion to Henry and his son at York on August 10, 1175;[887] and thenceforth Henry’s sole trouble from that quarter was the necessity of arbitrating between William and his unruly vassals in Galloway,[888] and of advising him in his ecclesiastical difficulties with the Roman see. The western border of England was less secure than the northern; yet even in Wales the authority of the English Crown had made a considerable advance since Henry’s accession. His first Welsh war, directed against the princes of North Wales in 1157, had little practical result. A second expedition marched in 1163 against Rees Ap-Griffith, prince of South Wales, and a lucky incident at the outset insured its success. Directly in the king’s line of march from Shrewsbury into South Wales, between Wenlock and Newport, there ran a streamlet called Pencarn—a mountain-torrent passable only at certain points. One of these was an ancient ford concerning which a prophecy attributed to the enchanter Merlin declared: “When ye shall see a strong man with a freckled face rush in upon the Britons, if he cross the ford of Pencarn, then know ye that the might of Cambria shall perish.” The Welsh guarded this ford with the utmost care to prevent Henry from crossing it; he, ignorant of the prophecy, sent his troops over by another passage, and was about to follow them himself, when a loud blast from their trumpets on the opposite bank caused his horse to rear so violently that he was obliged to turn away and seek a means of crossing elsewhere. He found it at the fatal spot, and as the Welsh saw him dash through the stream their hearts sank in despair.[889] He marched unopposed from one end of South Wales to the other, through Glamorgan and Carmarthen as far as Pencader;[890] here Rees made his submission;[891] and Rees himself, Owen of North Wales, and several other Welsh princes appeared and swore allegiance to King Henry and his heir in that famous council of Woodstock where the first quarrel arose between Henry and Thomas of Canterbury.[892]