How Far Did Henry Ii's Legal and Financial Reforms Strengthen the Power of the English Monarchy?

How far did Henry II's legal and financial reforms strengthen the power of the English monarchy?

Despite the claims of Huscroft that 'there was a great deal of continuity between the systems of justice administered at the start of the twelfth century by Henry I and at the start of thirteenth by John,' the reforms carried out by Henry II, according to Carpenter, 'transformed the nature of kingship, government and society.' Undeniably, the reforms passed by Henry II strengthened his own power. However, this surge in power for the English Monarchy was short lived, as it 'made the dilution of their (English monarchy) traditional powers inevitable.' This dilution of power was put in written form in 1215 through Magna Carta, which according to Carpenter, 'condemned much of what Angevin kingship had done.' This resistance to royal power is evident in the clause of Magna Carta which prevented cases being removed from a Lords court by the use of the praecipe writ. This clause shows direct resentment to the assize novel disseisin, which made lords less ready to discipline their tenants by seizing their lands, having to go through a tedious court process.

The assizes introduced by Henry II, according to Carpenter helped to 'enhance royal authority,' and hence strengthen the power of the English monarchy. The assizes made the reign of Henry II distinct of that of Henry I, as it enabled the king to hear pleas on a 'novel scale' (Carpenter). This supports the argument made by Huscroft that Henry II strengthened his own power by 'increasing the amount of contact between the centre and the localities.' The most important of the assizes introduced by Henry II were; Mort d' ancestor, implemented in 1176, and Novel disseisin. Mort d' ancestor was the appropriate action for an individual who was denied their inheritance, and Novel disseisin the appropriate action for an individual who had recently been 'disseised' without court judgement. The low cost of these writs, probably 6d per writ (Carpenter), made possible the expansion in royal justice, and power to the English monarchy. Although Magna Carta did weaken the power of English monarchy, it welcomed many of Henry II 'petty' assizes, which did strengthen the power of the king in the long term by weakening a baron's control over their tenants. For example, Mort d' ancestor did not allow hereditary succession for under-tenants, but made it more difficult for a Lord to deny it. The short term power provided for the king through the assizes is evident in Henry's dealing of the disputes arising from Stephens reign by his favouring of some barons, and disfavouring of others. This increase in power was not long-lived for the English Monarchy as, according to Carpenter his 'successors acted in a similar fashion, and were ultimately brought to book by Magna Carta.'

With regards to criminal law Henry II's 'need to restore peace, settle disputes and restore royal authority acted as a spur to renewed royal involvement in the administration of the law' (Huscroft) and hence strengthened the power of the English Monarchy. The assize of Clarendon, issued in 1166 marked an increase in royal authority in criminal matters. The assize of Clarendon stated that all must testify under oath, serious crimes would be trailed through ordeal by water, and that Sheriffs were to enter private courts, even if held in castles, and at the same time no one was to prevent sheriffs from entering their lands. This took power away from lords, and increased that of the English monarchy, as Lords through the 'magistrate court,' had been able to gain powerful social controls over the local population. The assize of Northampton in 1176 modified that of Clarendon and stated that those who committed a serious crime would lose a foot or right hand and be expelled from England. The introduction of a 'royal plea' under Glanvill stated that serious crimes were triable only by the king and his judges and included 'homicide; arson; robbery; rape; falsifying.' New procedures such as this, involving royal jurisdiction, served to increase the power of the kings judges and hence that of the English Monarchy.

In 1166, Henry placed new procedures under the justices in eyre, through the assize of Clarendon. According to Carpenter, 'the eyre became a powerful weapon in the kings battle to maintain his authority in the localities,' and hence strengthen his overall power throughout England. The eyre was able to strengthen royal power in many ways. Firstly, from 1174-4 they travelled the whole of England every other year, on average. As a result of the 'general eyres' being so frequent, they were able to replace sheriffs and local justicars on hearing the pleas of the crown, hence giving the king a tighter control over law and order. Additionally,