Tuesday 30 June  2009

DOUG R. (England)

That was then, this is now

As we enjoy our modern life, we take for granted important customs established many years ago by a few outstanding men.

For example,
Where did the idea of The Law originate?

What is it? Where, how and when did it appear?
Who had the original concept of Court, Judge and Jury of 12 ordinary people?

Most have heard of magna carta. What is it? Who made it?

Is a King or anyone else above the Law?

Modern progress began with:

King Henry II 1133-1189 the first true King of England.
Previous Kings had been Kings of the English.
This was the first reference to England as a national entity or country.

Today Henry is famous for provoking the murder of Archbishop Thomas Becket in Canterbury Cathedral.
Henry II is much more important than that.

He is responsible for modern ideas of Justice and Government.
He established how it should be administered and paid for.
He laid down how our national army should be controlled and paid for.

Henry laid out his plans for re-organising his Kingdom of England in considerable detail.

He paid particular attention to his new idea of The Law.
Up until then Trial by Conflict or Trial by Ordeal had been normal.
Everyday disputes between people were settled by personal conflict, meaning a fight, or by appeal to some local landowner or other powerful local ruler, for an opinion.
As a member of a particular tribe you might have access to a court of your tribal elders.
This still happens in many parts of the world.

Before Henry this was the only ‘justice’ available in England.

Magistrates Courts.
He introduced the first-ever standard universal legal system to apply throughout his Kingdom.
He imposed our system of local courts, where local magistrates made their decisions but ‘in the name of the King.’

To back up the King’s Law, magistrates were chosen from local men of good standing with experience and a good behavioural track record.

Circuit Judges.
Above this magistrate level a system of travelling Judges was appointed for more serious cases. These presided over the King’s County based Courts and moved within a regular circuit.
Judges’ salaries were high enough to avoid temptations of bribery. They stayed at high standard quality accommodation where they lacked nothing and were protected from local interference.

The Jury.
Men appointed to serve on Juries were specifically required to be from the same social standing as the accused.
Women jurors were not permitted.

Henry’s thinking was such men would have accurate ideas of what was normal behaviour for the accused according to their lifestyle.

Common Law.
He organized the first ever text book on law. This has become what is known as ‘common law.’
In this way he ensured his law was the same throughout his kingdom and not subject to local variations or ideas, and did not allow for locally inspired interference.

The King’s Law was administered in The Name of The King.
It carried the same power as if issued by the King in person.

At that time the Kingdom of England extended from the Scottish borders to the Pyrenees, including what is now part of western France.
Henry needed to re-establish his authority and control over the people living in this considerable area of land, at a time of poor communications.

Central Taxes.
His first step was to identify and list all property, and therefore the taxes relating.
He organised a tight bookkeeping control over all taxable income, insisting all who owed taxes must pay.
This greatly upset many barons and other landowners who had become accustomed to a slack tax gathering regime.

One Army.
He abolished the haphazard system of raising troops via vassals owing allegiance to their knight. Such troops were not paid. Their service had been regarded as part of their vassal obligation to the local Lord, and not paid for.
All soldiers would now owe allegiance to the King, who was responsible for paying them. Nobody else was permitted to raise professional soldiers.

Civil Service.
He used his new tax revenue to employ and pay public servants acting in his name.

Bankrupt Kingdom.
Henry’s brother, as King Stephen, had brought the Kingdom to its knees by weak and ineffective management. He had allowed the Barons and other property owners to follow their own whims, to ignore tax demands, to build, but not pay taxes on, new castles and other developments.
Central government funds had almost completely dried up.
Henry’s new Kingdom was bankrupt.

Murder in the Cathedral.
As part of his published and agreed plan, Henry took control of all governmental matters. Up until then the established Church had its own ecclesiastic court system for dealing with naughty clergy.

Did these new magisterial courts replace ecclesiastic ones?
Therefore should church members and its officials be subject to the Pope or the King’s new law?
Henry insisted he alone controlled his Kingdom. No outsider should interfere nor be above his law, the church and its officials included.

Henry and Thomas had known each other since childhood. They had grown up together and shared many social attitudes and experiences.
In particular, these two old friends had had deep discussions on how to resurrect the kingdom from the mess Henry inherited from his brother Stephen.

Henry appointed his old friend and drinking partner to the important influential position of Archbishop of Canterbury, expecting his help with his re-organisation of England, as agreed between them.
The new Archbishop Thomas disagreed, insisting the Church owed allegiance only to Rome.
Henry had not realised how Thomas had become a ‘born again’ Christian.

As their differences escalated, Thomas fled to France. Henry was famous for his hot temper. Thomas did not feel safe. He remained abroad for six years, with the support of the King of France and the Pope.
A ‘truce’ was arranged so Thomas returned in 1170. But the two soon disagreed when Thomas excommunicated all Bishops who had supported Henry in his absence.
Old wounds reopened.

In a famous outburst of anger Henry is said to have shouted his fatal question:
Who will rid me of this turbulent priest?

This stimulated four knights to go immediately to Canterbury where they murdered Thomas at the main Cathedral altar.

Family Problems.
Henry soon met serious problems with his family, generally regarded as a nest of vipers.
His son Richard, later known as ‘the Lionheart,’ joined forces with King Phillip II of France to overthrow his father.
Henry’s army was defeated. Henry died soon after at Chinon in 1189 aged 56.

Two sons succeeded Henry. Both were disasters for England.
Richard reigned for ten years. He is mainly famous for dissipating most of what Henry had achieved. He lost most of the land and wasted cash in silly military adventures.
He was captured and ransomed for 34 tons of gold. Ten days later he died.

In his turn, the youngest son John, continued to throw away many of Henry’s achievements.

Magna Carta.
However one good result of John being John was to result in the incredible Magna Carta.
The English ruling classes became tired of King John’s attitude towards them and his father’s new Law of the Land.
He considered himself above the Law.
The error was forcibly pointed out to him.

This agreement or treaty was signed by King John at Runnymede on the River Thames, west of London.

In a later article I hope to write more about Magna Carta and its importance.
The Pilgrim Fathers brought it and their new English Law with them to the new America.

It all began with King Henry II, the first King of England.

DOUG R. (England)

Recent articles of Doug R.:

• ~The Grand National

• ~St Patrick’s Day

• ~Woman’s Day - 8th March

• ~Valentine's Day

• ~Your Free NHS

• ~Why Look East?

• ~Why we are like this?

• ~Cross Border Families

 

 

Published in Woman's Magazine Russian Woman Journal  www.russianwomanjournal.com -  30 June 2009

Culture

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