- [594] Stubbs, Constit. Hist., vol. i. p. 470. Gesta Hen., vol. ii., pref. pp. lxiv, lxv.
- [595] See Stubbs, Constit. Hist., vol. i. p. 471.
- [596] Ass. Clar., c. 5 (Stubbs, Select Charters, pp. 143, 144).
- [597] “Homines de Tichesoura debent v marcas quia noluerunt jurare assisam regis.” Pipe Roll a. 1166, quoted in Stubbs, Constit. Hist., vol. i. p. 470, note 1.
- [598] “The expenses of gaols at Canterbury, Rochester, Huntingdon, Cambridge, Sarum, Malmesbury, Aylesbury and Oxford are accounted for in the Roll of 1166.” Ib. p. 471, note 5.
- [599] Stubbs, Gesta Hen., vol. ii., pref. pp. lxiv, lxv and note 1.
- [600] Stubbs, Constit. Hist., vol. i. p. 471 and note 6.
- [601] Ib. p. 472. Madox, Hist. Exch., vol. i. p. 572.
- [602] The tenour of the king’s writ is shewn by a typical answer, printed by Bishop Stubbs in his Select Charters, p. 146, from Hearne’s Liber Niger Scaccarii (2d ed.), vol. i. pp. 148, 149.
- [603] Liber Niger Scaccarii, edited by Hearne. A roll of the Norman tenants-in-chivalry was compiled in the same manner in 1172; see Stapleton, Magni Rotuli Scaccarii Normanniæ, vol. i., Observations, p. xxxiv.
- [604] Madox, Hist. Exch., vol. i. p. 576, and Stubbs, Constit. Hist., p. 471, note 7, from Pipe Roll a. 1166.
- [605] Stubbs, as above, p. 472, and Gesta Hen., vol. ii. pref. p. lxv and note 2. Eyton, Itin. Hen. II., p. 117.
- [606] Stubbs, Gesta Hen., vol. ii., pref. p. lxv, note 2.
It was too soon as yet for the beneficial results of these measures to become evident to the people at large; but it was not too soon for them to excite the resentment of the barons. The stringency with which in the assize of Clarendon every claim of personal exemption or special jurisdiction was made to give way before the all-embracing authority of the king’s supreme justice shewed plainly that Henry still clave to the policy which had led him to insist upon the restoration of alienated lands and the surrender of unlicensed castles in England, to lose no opportunity of exercising his ducal right to seize and garrison the castles of his vassals in Normandy[607]—in a word, to check and thwart in every possible way the developement of the feudal principle. The assessment of the aid for his daughter’s marriage seems indeed at first glance to have been based on a principle wholly favourable to the barons, for it apparently left the determination of each landowner’s liabilities wholly in his own hands. But the commissioners who spent nearly two years in collecting the aid had ample power and ample opportunity to check any irregularities which might have occurred in the returns; and the impost undoubtedly pressed very heavily upon the feudal tenants as a body. Its proceeds seem, however, not to have come up to Henry’s expectations, and the unsatisfactory reports which reached him from England of the general results of his legal measures led him to suspect some failure in duty on the part of those who were charged with their execution.
- [607] Stubbs, Gesta Hen., vol. ii. pref. p. xlvii, note.
A large share of responsibility rested with the sheriffs; and the sheriffs were still for the most part, as they had been in his grandfather’s days, the chief landowners in their respective shires, men of great local importance, and only too likely to have at once the will and the power to defeat the ends of the very measures which by their official position they were called upon to administer. Henry therefore on his return to England at Easter 1170 summarily deposed all sheriffs of counties and bailiffs of royal demesnes, pending an inquisition into all the details of their official conduct since his own departure over sea four years ago. The inquiry was intrusted not to any of the usual members of the King’s Court and Exchequer, but to a large body of commissioners specially chosen for the purpose from the higher ranks of both clergy and laity.[608] These were to take pledges of all the sheriffs and bailiffs that they would be ready to appear before the king and make redress on an appointed day; an oath was also to be exacted from all barons, knights and freemen in every shire that they would answer truthfully and without respect of persons to all questions put to them by the commissioners in the king’s name.[609]
- [608] The list of commissioners for seven of the southern shires is in Gerv. Cant. (Stubbs), vol. i. p. 216. See also Stubbs, Constit. Hist., vol. i. p. 473 and note 2.
- [609] Inquest of sheriffs, Stubbs, Select Charters, p. 148. Gerv. Cant. (as above), p. 217.
The subject-matter of these inquiries, as laid down in the king’s instructions, embraced far more than the conduct of the sheriffs. Not only were the commissioners to examine into all particulars of the sums received by the sheriffs and bailiffs in the discharge of their functions, and the manner and grounds of their acquisition,[610] and into the disposal of all chattels and goods forfeited under the assize of Clarendon; they were also to ascertain whether the collection of the aid pour fille marier had been honestly conducted; they were at the same time to investigate the administration of the forests[611] and the condition of the royal demesnes;[612] to find out and report any persons who had failed to do homage to the king or his son;[613] and they were moreover to make inquisition into the proceedings of all the special courts of the various franchises, whether held by archbishop or bishop, abbot, earl or baron, as fully and minutely as into those of the ordinary hundreds.[614] Only two months were allowed to the commissioners for their work, which nothing but their great number can have enabled them to execute in the time. Unhappily, the report which they brought up to the king on S. Barnabas’s day is lost, and we have no record of its results save in relation to one point: out of twenty-seven sheriffs, only seven were allowed to retain their offices. The rest, who were mostly local magnates owing their importance rather to their territorial and family influence than to their connexion with the court, were replaced by men of inferior rank, and of whom all but four were officials of the Exchequer.[615]
- [610] Inquest of sheriffs, cc. 1, 4, 9, 10 ( as above·/· Stubbs, Select Charters, pp. 148–150).
- [611] Ib. cc. 5, 6, 7 (p. 149).
- [612] Ib. c. 12 (p. 150).
- [613] Ib. c. 11 (p. 150).
- [614] Ib. cc. 2, 3 (pp. 148, 149).
- [615] See the list, and Bishop Stubbs’s analysis of it, in his preface to Gesta Hen., vol. ii. p. lxvii, note 3.
This significant proof of Henry’s determination to pursue his anti-feudal policy was followed up next year by the last step in that resumption of alienated demesnes which in England had been virtually completed thirteen years ago, but which had been enforced only by slower degrees on the other side of the channel. In 1171 Henry ordered a general inquisition into the extent and condition of the demesne lands and forests held by his grandfather in Normandy, and into the encroachments since made upon them by the barons; and we are told that the restitution which resulted from the inquiry almost doubled his ducal revenue.[616] The endurance of the barons was now almost at an end; and moreover, their opportunity had now come. From that same council at Westminster whence the decree had gone forth for the inquest of sheriffs, there had gone forth also the summons for the crowning of the young king; that other assembly which on S. Barnabas’s day saw the deposition of the delinquent officers saw also, three days later, the new and dangerously suggestive spectacle of two kings at once in the land. When, six months later still, the first consequences of that coronation appeared in the murder of S. Thomas, the barons could not but feel that their hour was at hand. His regal dignity no longer all his own, but voluntarily shared with another—his regal unction washed out in that stream of martyr’s blood which cut him off from the support of the Church—Henry seemed to be left alone and defenceless in the face of his foes. The year which he spent in conquering Ireland was a breathing-space for them as well as for him. They used it to adapt to their purposes the weapon which he had so lately forged for his own defence; they found a rallying-point and a pretext for their designs against him in the very son whom he had left to cover his retreat and supply his place at home.
- [616] Rob. Torigni, a. 1171.