Vassals get vassals of their own.

camps.

Kingdoms become

3. Different kinds of homage (by which the vassal becomes the man-(homo)—of his lord) :

a Liege homage (Ligare). Personal service. Connection with lord can never be separated.

b Simple homage. Service can be done by a substiConnection can be broken by giving up

tute.
fief.

4. Royal power eclipsed by that of powerful barons.
Nature of Feudalism in England.

a Tenants in capite, holding directly from the King.
b Mesne lords, not holding directly from the King.
a were much the more numerous and wealthy, hence
power of the Crown in England was compara-
tively great, and that of barons little. (Compare
above "William and the Nobles.")

D Condition of the People.

Utter misery. "They hanged up men by their feet or thumbs; they writhed knotted strings round their head till they went into the brain; many thousands they afflicted with hunger."

E Influence of the Church.

1. By their alternate depositions of Stephen and Matilda, the Church vindicates the right of the people to declare sovereigns unworthy of the throne.

2. Archbishop Theobald settles the terms of peace.

"To the Church Henry owed his crown and England its deliverance."

Henry H. 1154-1189.

("The hardest worker of his time.")

A Physical and Mental Characteristics.

P. IOI.

1. Physical strength combined with restlessness (" on his legs from morning to night"), passing at times into great excitement. "A lion and more ferocious than a lion."

2. Little reverence for past (as in his sweeping reforms and irreligious temper), or sympathy with the growing ideas of his own day (as in his attempt to found an empire which had no national bond to connect it.) But immense powers of work and organization.

Henry's Foreign Possessions. P. 102.
1. Anjou and Touraine, from his father.
2. Normandy and Maine, from his mother.

3. Aquitaine and Poitou, with his wife, Eleanor, the divorced wife of Lewis VII. of France.

C Henry and the Church. Pp. 102–105.

1. Thomas Beket (the confidant of Archbishop Theobald, and afterwards Henry's chief minister) made Archbishop of Canterbury. 1162. Breach between the Archbishop and the King on the question of clerical offenders.

2. Constitutions of Clarendon (in Wiltshire). “A re-enaction in most parts of the system of the Conqueror." 1164.

a Clerics, after conviction and degradation in their own courts, to be handed over to lay courts.

The King to approve the election of bishops.

c No tenant in capite to be excommunicated without the King's leave.

d No serf's son to be admitted to orders without his lord's consent.

With regard to a:-The lay courts were courts of men often in conflict with the clergy, always jealous of them; but the clergy were depraved. See the attacks made on them later by Walter de Map, Langland, Chaucer.

With regard to b:-Notice the danger of robbing the Church of its spiritual independence. Compare

the French King and Pope at Avignon : and the Russian Church.

With regard to c:-Notice the danger of robbing the Church of its power of moral censure of powerful culprits.

With regard to d:-Notice the danger of destroying the one democratic society which received all

men as equal. (Mill's essay on “Michelet's France.")

3. Contest of Beket with King. 1164-1170.

a Beket retracts the consent he had given to the Constitutions.

b Vexatious charges of embezzlement brought against Beket at Northampton; he escapes to Flanders. 1164.

c Great violence shown both by Henry and Beket. Lewis VII. of France supports Beket. General weariness of the struggle.

d Under fear of excommunication, Henry allows Beket to return. 1170.

e Murder of Beket. "No traitor, but a priest of God." 29th Dec. 1170.

f Beket becomes the most popular of English saints; but the victory rests with the King (aided by the

separation growing up between the literary class

and the Church).

D Henry and the Barons. Pp. 105, 106.

Thus the

1. The military service of the lesser barons changed into a money payment or scutage" (shield-money). King gets money to keep mercenaries. 1160.

2. The office of sheriff taken from the greater barons, and filled by lawyers and courtiers. 1170.

3. Rebellion of barons, headed by Henry's sons, Henry, Richard, Geoffry, and supported by France, Flanders, Scotland.

Public penance of Henry to atone for the murder of
Thomas Beket.

Scotch King, William the Lion, defeated and captured at
Alnwick. (Scotch crown for a time held of England.)
English barons on this lay down their arms.

His son Henry and the French defeated at Rouen by
mercenaries.

Richard and Geoffry, in Aquitaine, submit. 1174.

4. The Assize (code) of Arms. Every freeman, as of old, compelled to bear arms. Thus the King has at his disposal the

universal levy of the armed nation.

E Henry and the Law. Pp. 106, 107.

1181.

"Initiation of the rule of law."

1. Assize of Clarendon. 1166.

a Frankpledge, i.e., Mutual security, revived.

b Origin of Trial by Jury.

I Twelve men of each hundred, and four from each township, to present criminals for trial by ordeal. Hence our modern "Grand Jury."

2 After presentation by the jury prisoners are tried no longer by compurgation, i.e., the voluntary oath of neighbours, but by ordeal, till 1216, when the abolition of the ordeal paves the way for the petty jury.

3 Witnesses of the particular fact added to the general jury (in the reign of Edward IV. See Edward IV. A 3.)

4 Later separation of these two classes.

The wit

nesses cease to have judicial powers, and the general jury cease to be witnesses, and are only judges of fact; the modern jury.

2. Assize of Northampton (after barons' revolt). 1176. Division of England into six circuits, each with three justices, who represent the King's Court (Curia Regis). "Before our sovereign Lord the King." Appeal permitted to the King in Council.

C

a After the Charter, the King's Court, when not acting as a Court of Appeal, is divided permanently into1 Exchequer, for suits concerning the revenue. (This division had begun in reign of Henry I.)

2 Common Pleas, for decision of private suits. 3 King's Bench, for suits concerning the King and realm: i.e., for all that does not belong to the other two. The main trunk of the old court.

From the King's Court acting as a Court of Appeal are derived the judicial powers of the Privy Council, the equitable jurisdiction of the Chancellor, and (unconstitutionally) the Star Chamber (a criminal court for cases in which justice is baffled in the lower courts).

c Further, from the King's Court as it develops with the growth of the Great Council of the nation (which it always represents) are derived the legislative powers of the Privy Council, and the judicial powers of the House of Lords.

d Table to illustrate the origin of the English Law Courts.

CURIA REGIS (the King's Court) or Great Council of the Baronage, presided over by the King, or his

representative, the Justiciar, being

a Chancery Division. b Queen's Bench Division. King's

e Probate and Admiralty Division.