2. Henry II's Rule (1154-1189)

2.1. Law and Order

Henry is, unfortunately, best remembered for causing the murder of his Archbishop of Canterbury, Thomas Becket. This must be seen as part of the actions he took to restore law and order which had gone to put under his predecessor King Stephen. Firstly, he had to deal with the Barons who under Stephen were fighting each other from their new castles on confrontational land. Henry ordered these to be demolished. Then the church needed to respect the law to give a good example to the people. To help him, Henry installed one of his best friends as Archbishop of Canterbury, Thomas Becket. Henry wished to tighten up, on all the standard of biblical rules, murder, stealing or adultery. It is known, even today, that priests are only human and commit such offences. Then Henry wanted wayward priests to be tried by the same courts as the rest of the population. Becket insisted priests were above common law and should be tried by the church courts which then as now tend to be lenient. Unfortunately, four Knights overheard Henry saying “who will rid me of this turbulent priest” and taking him at his word went to Canterbury and killed him in the cathedral. Henry was devastated and ordered he himself be lashed hundreds of times as penance.

The main benefits in law under and following Henry 2nd.

 Henry introduced trial by Jury for the first time.

 He also set up civil courts in each county shire.

 Henry brought the church under the rules of the civil courts. (His arguments with Becket.) Prior to this, backed by the Pope, the Church was literally getting away with murder.

 He forbade any appeal to the Pope without his consent.

 He introduced the law that no man can be tried for the same offence twice.

 No tenant-in-capite should be excommunicated without the Kings consent.

 Both Barons and Bishops must come under feudal rules i.e. they pay their taxes in cash in preference to kind.

 Forfeited goods (eg confiscated as a state fine) could not be squirrelled away in Churches.

 That church revenues in the diocese, when Bishops are absent, should be collected by the King.