Henry the Second eBook

This eBook from the Gutenberg Project consists of approximately 229 pages of information about Henry the Second.

Henry the Second eBook

This eBook from the Gutenberg Project consists of approximately 229 pages of information about Henry the Second.

The duties of police were at that time performed by the whole population, and the judges’ circuits brought home sharply to every man the part he was expected to play in the suppression of crime.  Juries were fined if they had not “presented” a due amount of criminals; townships were fined if they had not properly pursued malefactors; villages were fined if a hut was burned down and the hue and cry was not raised, or if a criminal who had fled for refuge to their church escaped from it.  A robber or murderer must be paid for by his “pledge,” or if he had no pledge, a fine fell on his village or township; if a dead body were found and the slayer not produced, the hundred must pay for him, unless a legal form, called “proving his Englishry,” could be gone through—­a condition which was constantly impossible; the township was fined if the body had been buried before the coming of the coroner; abbot or knight or householder was heavily taxed for every crime of serf or hired servant under him, or even for the offences of any starving and worn-out pilgrim or traveller to whom he had given a three days’ shelter..  In the remotest regions of the country barons and knights and freeholders were called to aid in carrying out the law.  The “jurors” must be ready at the judges’ summons wherever and whenever they were wanted.  They must be prepared to answer fully for their district; they must expect to be called on all sorts of excuses to Westminster itself, and no hardships of the journey from the farthest corner of the land might keep them back.  The “knights of the shire” were summoned as “recognitors” to give their testimony in all questions of property, public privilege, rights of trade, local liberties, exemption from taxes; if the king demanded an “aid” for the marriage of his daughter or the coming of age of his son, they assessed the amount to be paid; if he wanted to count an estate among the royal Forests, it was they who decided whether the land was his by ancient right.  They were employed too in all kinds of business for the Court; they might be sent to examine a criminal who had fled to the refuge of a church, or to see whether a sick man had appointed an attorney, or whether a litigant who pleaded illness was really in bed without his breeches.  If in any case the verdict of the Shire Court was disputed, they were summoned to Westminster to repeat the record of the county.  No people probably ever went through so severe a discipline or received so efficient a training in the practical work of carrying out the law, as was given to the English people in the hundred years that lay between the Assize of Clarendon in 1166 and the Parliament summoned by De Montfort in 1265, where knights from every shire elected in the county court were called to sit with the bishops and great barons in the common Parliament of the realm.

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Henry the Second from Project Gutenberg. Public domain.