Like most of the higher clergy of Henry’s later years, Hubert was distinctly more of a statesman than a churchman. His pontificate left no mark on the English Church; as primate, his chief occupation was to quarrel with his chapter. No scruples such as had moved Archbishop Thomas to resign the chancellorship, or had made even Bishop Roger of Salisbury seek a papal dispensation before he would venture to undertake a lay office,[1720] held back Hubert Walter from uniting in his own person the justiciarship and the primacy of all England. He was, however, a statesman of the best school of the time, steeped in the traditions of constitutional and administrative reform which had grown up during Henry’s later years under the inspiration of the king himself and the direction of Ralf de Glanville. The task of developing their policy, therefore, could not have fallen to more competent hands; and as Richard was totally destitute of his father’s business capacities, it was well that Hubert was left to fulfil it according to his own judgement and on his own sole responsibility for nearly four years.

The justiciar’s first act after his sovereign’s departure was to despatch the judges itinerant upon their annual visitation-tour with a commission[1721] which struck the key-note of his future policy. It was the note which had been struck by Henry II. in the Assizes of Clarendon and Northampton; but the new commission shewed a great advance in the developement of the principles which those measures embodied. The jurisdiction of the justices is defined with greater fulness and extended over a much wider sphere. The “pleas of the Crown” with which they are empowered to deal include, besides those formerly recognized under this head, such various matters as the number and condition of churches in the king’s gift,[1722] escheats, wardships and marriages;[1723] forgers[1724] and defaulters;[1725] the harbouring of malefactors;[1726] the arrears of the ransom;[1727] the use of false measures;[1728] the debts of the murdered Jews; the fines due from their slayers,[1729] from the adherents of John, and from his debtors, as well as from his own forfeited property;[1730] the disposal of the chattels of dead usurers, and also of crusaders who had died before setting out on their pilgrimage;[1731] and the taking of recognitions under the Great Assize concerning land worth not more than five pounds a year.[1732] In all these proceedings the chief object evidently was to procure money for the royal treasury; a tallage which the judges were also directed to assess upon all cities, towns and royal demesnes[1733] being deemed insufficient to supply its needs. The details of this multifarious business are however of less historical importance than the method employed for its transaction. Every item of it was to be dealt with on the presentment of what may now be called the “grand jury”—the jury of sworn recognitors in every shire, whose functions, hitherto confined to the presentment of criminals, were thus extended to all branches of judicial work. This growth in the importance of the jury was marked by the introduction of a new ordinance for its constitution. The Assizes of Clarendon and Northampton simply ordered that the jury should consist of twelve lawful men of every hundred and four of every township, without specifying how they were to be selected. Most probably they were nominated by the sheriff.[1734] The recognitors employed in the civil process known as the Great Assize, however, were from the first appointed in a special manner prescribed in the Assize itself. Four knights of the shire were summoned by the sheriff, and these four elected the twelve recognitors.[1735] By the “Form of proceeding in the pleas of the Crown” delivered to the justices-errant in 1194, this method of election was applied to the jury of presentment in all cases, with a modification which removed the choice yet one step further from the mere nomination of the sheriff. Four knights were first to be chosen out of the whole shire; these were to elect two out of every hundred or wapentake, and these two were to choose ten others, who with them constituted the legal twelve.[1736] Whether or not the choice of the first four was actually, as seems most probable, transferred from the sheriff to the body of the freeholders assembled in the county-court,[1737] still this enactment shews a distinct advance in the principles of election and representation, as opposed to that of mere nomination by a royal officer. Another step in the same direction was the appointment of three knights and a clerk to be “elected in every shire to keep the pleas of the Crown.”[1738] This was the origin of the office afterwards known as that of coroner. It had the effect of depriving the sheriff of a considerable part of his judicial functions; and his importance was at the same time yet further limited by an order that no sheriff should act as justiciar in his own shire, nor in any shire which he had held at any time since the king’s first crowning.[1739] The difficulty of checking the abuse of power in the hands of the sheriffs, which Henry had been unable to overcome, had certainly not been lessened by Richard’s way of distributing the sheriffdoms in his earlier years. It had indeed become so serious that in this very year either the new justiciar, or possibly the king himself, proposed an inquisition similar to that made by Henry in 1170, into the administration of all servants of the Crown, whether justices, sheriffs, constables, or foresters, since the beginning of the reign. When the king was gone, however, it seems to have been felt that such an undertaking would add too heavily to the labours of the judges-errant; and the inquiry was accordingly postponed for an indefinite time by the archbishop’s orders.[1740]

The principle of co-operation between the government and the people for maintaining order and peace, which underlies all Henry’s reforming measures, and of which the new regulations for election of the grand jury are a further recognition, was again enunciated yet more distinctly in the following year. An edict was published requiring every man above the age of fifteen years to take an oath that he would do all that in him lay for the preservation of the king’s peace; that he would neither be a thief or robber, nor a receiver or accomplice of such persons, but would do his utmost to denounce and deliver them to the sheriff, would join to the uttermost of his power in the pursuit of malefactors when hue and cry was raised against them, and would deliver up to the sheriff all persons who should have failed to perform their share in this duty.[1741] The obligation binding upon every member of the state to lend his aid for the punishment of offences against its peace had been declared, in words which are almost echoed in this edict, as long ago as the reign of Cnut.[1742] The difficulty of enforcing it caused by the disorganized condition of society which had grown up during the civil war was probably the reason which led Henry, in framing his Assizes of Clarendon and Northampton, at once to define it more narrowly and to lay the responsibility of its execution upon a smaller body of men specially appointed for the purpose in every shire. The completeness of organization which the system introduced by these Assizes had now attained, however, gave scope for a wider application of the principle through one of those revivals of older custom in which the enduring character of our ancient national institutions and their capacity for adaptation to the most diverse conditions of national life are so often and so strikingly displayed. The edict of 1195 forms a link between the usage of Cnut’s day and that of modern times. It directed that the oath should be taken before knights assigned for the purpose in every shire; out of the office thus created there seems to have grown that of conservators of the peace; and this again developed in the fourteenth century into that of justices of the peace, which has retained an unbroken existence down to our own age.[1743]

The same year was marked by the only important ecclesiastical act of Hubert’s pontificate. Having received in the spring his commission as legate, he made use of it to hold a visitation of the northern province—now, by Geoffrey’s absence and Hugh of Puiset’s death, deprived of both its chief pastors—and a council in York minster at which fifteen canons were passed[1744] to remedy the general relaxation of Church discipline which had been growing ever since Thomas’s flight. At the close of the year Hubert was again at York, upon a different errand: the negotiation of a fresh treaty with Scotland, on the basis of a marriage between the Scot king’s eldest daughter and Richard’s nephew Otto of Saxony.[1745] The marriage never took place, but the alliance of which it was to be the pledge lasted throughout Richard’s reign; and it is a noteworthy proof at once of the growth of friendly relations between the two countries, and of the success of Hubert’s recent ordinance for the preservation of peace and order in England, that in the following year a similar edict, evidently modelled upon the English one, was issued in Scotland by William the Lion.[1746]

Neither the renewal of order in the Church, nor the securing of the external tranquillity of the realm by alliance with its neighbour-states, nor the organization of justice and police within its own borders, was however the most laborious part of Hubert’s task. One thing only was required of him by his royal master; but that was precisely the one thing which cost him the most trouble to obtain. From a country which must, as it seems, have been almost drained of its financial resources over and over again during the last ten years, he was perpetually called upon to extract supplies of money such as had never been furnished before to any English king. That he contrived to meet Richard’s ceaseless demands year after year without either plunging the nation into helpless misery or provoking it to open revolt, is the strongest proof not only of his financial genius and tact, but also of the increase in material prosperity and national contentment which had been fostered by Henry’s rule, and of the success of Hubert’s own efforts in carrying out the policy which Henry had begun. By Michaelmas 1194 it seems that the whole of the complicated accounts for the ransom, including the carucage imposed in the spring, were closed.[1747] In the same year the country had borne the additional burthen of a tallage upon the towns. This, however, added to the sums raised by sales of office during the king’s visit and to the proceeds of the judges’ visitation, failed to satisfy the wants of Richard. He therefore resorted to two other methods of raising money, both apparently of his own devising, and both harmonizing very ill with the constitutional policy of his justiciar. Save during the disorderly reign of Stephen, the practice of tournaments had been hitherto unknown in England. Both Henry I. and Henry II. were too serious and practical-minded to encourage vain shews of any kind, far less to countenance the reckless waste of energy and the useless risk of life and limb which these entertainments involved, which had moved Pope after Pope to denounce them as perilous alike to body and soul,[1748] and, in spite of a characteristic protest from Thomas Becket, to exclude those who were slain in them from the privileges of Christian burial.[1749] The Church had indeed been unable to check this obnoxious practice in Gaul; backed, however, by the authority of the Crown, she had as yet succeeded in keeping it out of England. But in 1194 a fresh prohibition, issued by Pope Celestine in the previous year,[1750] was met by Richard with a direct defiance. On August 20 he issued a license for the holding of tournaments in England, on condition that every man who took part in them should pay to the Crown a specified sum, varying according to his rank. Five places were appointed where tournaments might be held, and no one was allowed to enter the lists until he had paid for his license.[1751] The collection of this new item of revenue was evidently looked upon as an important matter, for it was intrusted to the justiciar’s brother Theobald Walter.[1752] Whatever may have been Hubert’s share in this measure, he was clearly in no way responsible for the other and yet more desperate expedient to which Richard, almost at the same time, resorted for the replenishment of his treasury. On pretext of a quarrel with his chancellor, he took away the seal from him, ordered another to be made, and declared all acts passed under the old one to be null and void, till they should have been brought to him for confirmation:[1753] in other words, till they should have been paid for a second time.