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 thoroughly 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.