Government of England

In the first decade of his reign Henry was largely concerned with continental affairs, though he made sure that the adulterine castles in England were destroyed. Many of the earldoms created in the anarchy of Stephen’s reign were allowed to lapse. Major change in England began in the mid-1160s. The Assize of Clarendon of 1166, and that of Northampton 10 years later, promoted public order. Juries were used to provide evidence of what crimes had been committed and to bring accusations. New forms of legal action were introduced, notably the so-called possessory assizes, which determined who had the right to immediate possession of land, not who had the best fundamental right. That could be decided by the grand assize, by means of which a jury of 12 knights would decide the case. The use of standardized forms of writ greatly simplified judicial administration. “Returnable” writs, which had to be sent back by the sheriffs to the central administration, enabled the crown to check that its instructions were obeyed. An increasing number of cases came before royal courts rather than private feudal courts. Henry I’s practice of sending out itinerant justices was extended and systematized. In 1170 a major inquiry into local administration, the Inquest of Sheriffs, was held, and many sheriffs were dismissed.

There were important changes to the military system. In 1166 the tenants in chief were commanded to disclose the number of knights enfeoffed on their lands so that Henry could take proper financial advantage of changes that had taken place since his grandfather’s day. Scutage (money payment in lieu of military service) was an important source of funds, and Henry preferred scutage to service because mercenaries were more efficient than feudal contingents. In the Assize of Arms of 1181 Henry determined the arms and equipment appropriate to every free man, based on his income from land. This measure, which could be seen as a revival of the principles of the Anglo-Saxon fyrd, was intended to provide for a local militia, which could be used against invasion, rebellion, or for peacekeeping.

Struggle with Thomas Becket

Henry attempted to restore the close relationship between church and state that had existed under the Norman kings. His first move was the appointment in 1162 of Thomas Becket as archbishop of Canterbury. Henry assumed that Becket, who had served efficiently as chancellor since 1155 and been a close companion to him, would continue to do so as archbishop. Becket, however, disappointed him. Once appointed archbishop, he became a militant defender of the church against royal encroachment and a champion of the papal ideology of ecclesiastical supremacy over the lay world. The struggle between Henry and Becket reached a crisis at the Council of Clarendon in 1164. In the Constitutions of Clarendon Henry tried to set down in writing the ancient customs of the land. The most controversial issue proved to be that of jurisdiction over “criminous clerks” (clerics who had committed crimes); the king demanded that such men should, after trial in church courts, be sent for punishment in royal courts.

Becket initially accepted the Constitutions but would not set his seal to them. Shortly thereafter, however, he suspended himself from office for the sin of yielding to the royal will in the matter. Although he failed to obtain full papal support at this stage, Alexander III ultimately came to his aid over the Constitutions. Later in 1164 Becket was charged with peculation of royal funds when chancellor. After Becket had taken flight for France, the king confiscated the revenues of his province, exiled his friends, and confiscated their revenues. In 1170 Henry had his eldest son crowned king by the archbishop of York, not Canterbury, as was traditional. Becket, in exile, appealed to Rome and excommunicated the clergy who had taken part in the ceremony. A reconciliation between Becket and Henry at the end of the same year settled none of the points at issue. When Becket returned to England, he took further measures against the clergy who had taken part in the coronation. In Normandy the enraged king, hearing the news, burst out with the fateful words that incited four of his knights to take ship for England and murder the archbishop in Canterbury Cathedral.

Almost overnight the martyred Thomas became a saint in the eyes of the people. Henry repudiated responsibility for the murder and reconciled himself with the church. But despite various royal promises to abolish customs injurious to the church, royal control of the church was little affected. Henceforth criminous clerks were to be tried in church courts, save for offenses against the forest laws. Disputes over ecclesiastical patronage and church lands that were held on the same terms as lay estates were, however, to come under royal jurisdiction. Finally Henry did penance at Canterbury, allowing the monks to scourge him. But with Becket out of the way, it proved possible to negotiate most of the points at issue between church and state. The martyred archbishop, however, was to prove a potent example for future prelates.

Rebellion of Henry’s sons and Eleanor of Aquitaine

Henry’s sons, urged on by their mother and by a coalition of his enemies, raised a rebellion throughout his domains in 1173. King William I the Lion of Scotland joined the rebel coalition and invaded the north of England. Lack of cooperation among the rebels, however, enabled Henry to defeat them one at a time with a mercenary army. The Scottish king was taken prisoner at Alnwick. Queen Eleanor was retired to polite imprisonment for the rest of Henry’s life. The king’s sons and the baronial rebels were treated with leniency, but many baronial castles were destroyed following the rising. A brief period of amity between Henry and Louis of France followed, and the years between 1175 and 1182 marked the zenith of Henry’s prestige and power. In 1183 the younger Henry again tried to organize opposition to his father, but he died in June of that year. Henry spent the last years of his life locked in combat with the new French king, Philip II Augustus, with whom his son Richard had entered into an alliance. Even his youngest son, John, deserted him at the end.