1.?About Henry II

亨利二世是金雀花王室的首位國(guó)王。他通過母親的血緣關(guān)系成為英國(guó)的合法國(guó)玉，通過父親他又繼承 了安菇伯爵的封號(hào)，通過 1152 年與亞奎丹公主的埃莉諾的婚姻，他獲得了所有從諾曼底至西班牙邊境的法國(guó)西部。?

Henry II?was the first king of the House of Plantagenet. Through his mother's line he was the rightful king of England and through his father he inherited the title of Count of Anjou. By his marriage (1152) to Eleanor of Aquitaine he acquired all western France from Normandy to the Spanish border.

亨利二世大大加強(qiáng)了王室法庭的力量并加大其司法范圍。他把全國(guó)劃分為六個(gè)巡回法庭區(qū)(一個(gè)區(qū)是由七個(gè)鎮(zhèn)組成的縣)，并給每區(qū)任命了巡回法官，從前在貴族舊法庭里審問的案件現(xiàn)在越來(lái)越多地由皇家巡回法官審問，他們運(yùn)用法律更為公正。

Henry II greatly strengthened the king's Court and extended its judicial work.

He divided the country into six circuits (a circuit is a county consisting of several towns ) and appointed itinerant justices traveling judges) to each of them. Cases which would formerly have been heard in the old court of a local baron were now increasingly heard before royal itinerant justices who applied the law impartially.

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2.?Henry II’s Legal Reform

亨利二世統(tǒng)治時(shí)，一部高于地方法和私法的普通法逐漸形成，普通法取代了原先貴族領(lǐng)地內(nèi)的習(xí)慣做法。原先的習(xí)慣做法不僅各郡各異，甚至社區(qū)與社區(qū)之間也不同。這部習(xí)慣法(普通法)是不成文法，適用于所有人，與僅適用于部分地區(qū)的法律不同，它也是以先前的判決為基礎(chǔ)的"案例法"，也源于公眾認(rèn)可的習(xí)慣。

In Henry II' reign a common law, which over-rode local law and private law, was gradually established in place of the customs of the manor which had previously varied not only from shire to shire but even from one community to another. The common law is the unwritten law common to the whole people as distinct from law

governing only sections of it, and is "case-made", i.e., based on precedent judgments, and derived from acknowledged custom.

亨利二世時(shí)期，陪審團(tuán)制度最終取代了古老的用水刑、火刑裁定的神判和用決斗裁定的諾曼審判?(神判直至 1219 年才正式廢除)。陪審團(tuán)制度的起源可追溯到原始審判方式：證人們被召來(lái)宣誓作證被指控人無(wú) 罪。當(dāng)時(shí)陪審團(tuán)由十二人組成，陪審員的作用是作證人，而非聽取證詞作出裁決。

In Henry's day the jury system-whose origins can be traced to primitive trials in which witnesses were called forward to swear to the

innocence of the accused-was at least replacing old English ordeals by fire and water and old Norman trials by battle. (Trial by ordeal was not formally abolished until 1219.) At that time a jury was composed of twelve men

and the jurors' function was to act as witnesses, not to hear evidences and give verdict.

作為法律改革的一部分，亨利二世希望改革教會(huì)管理中的某些弊端。他堅(jiān)持一切被控刑事犯罪的教士 都應(yīng)在王室法庭受審，而不是在主教法庭受審。主教法庭只能通過責(zé)備(嚴(yán)厲批評(píng))、開除教籍和苦行的方式進(jìn)行處罰，卻不能施加體罰。

As part of his legal reforms, Henry II, wishing to reform certain abuses in Church government, insisted that all clerks charged with criminal offences should be tried in the king's courts instead of in the Bishop's courts. The latter courts could punish only by means of censure (harsh criticism), excommunications, and penance, and could not inflict corporal punishment. In time this Benefit of Clergy could be claimed not only by priests and monks but by anyone accused of crime, who knew a few words of Latin.

正是神職人員享有的特權(quán)導(dǎo)致了亨利國(guó)王與坎特伯雷大主教托馬斯.貝克特之間的沖突。

It was these exceptional privileges enjoyed by the clergy that brought King Henry into collision with Thomas Becket, the Archbishop of Canterbury.

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3.?Henry II’s Story with Thomas Becket

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托馬斯.貝克特1154 被任命為英國(guó)的樞密大臣、國(guó)王的首席秘書，并且成為亨利的密友。1162 年，亨利認(rèn)為貝克特會(huì)幫助他實(shí)行法律改革，就讓他當(dāng)上了坎特伯雷大主教。次年，倫敦的主教法庭宣告被控犯有謀殺罪的貝德?？そ淌繜o(wú)罪。國(guó)王要求此教士到世俗法庭受審，但貝克特予以拒絕。

Thomas Becket?was appointed Chancellor of England, the King's chief secretary, in 1154. He became Henry's intimate friend. In 1162 Henry

made Becket Archbishop of Canterbury, thinking he would assist him in carrying out legal reforms. A year after Becket became Archbishop, a clerk of Bedford was acquitted on a murder charge in the Bishop of Lincoln's court.

The king demanded that the man should come forward to answer the charge in a civil court, but Becket refused to allow this.

此事引起危機(jī)。亨利二世的大評(píng)議會(huì)以犧牲教會(huì)法庭的利益為代價(jià)，增加了世俗法庭的司法權(quán)。貝克特不情愿地簽署了法令，但很快又拒絕了這個(gè)法令。亨利二世非常憤怒，就流放了貝克特。

This brought matters to a crisis. The Great Council of Henry II ?increased?the jurisdiction of the civil courts at the expense of the church courts. Becket reluctantly signed the Constitutions, but shortly afterwards rejected them. Henry II was so angry that he drove Becket in to exile.

貝克特在歐洲大陸呆了六年，當(dāng)他于 1170 年重返英國(guó)時(shí)又起新的爭(zhēng)端。同年，四位皇室騎士?jī)H根據(jù)國(guó)王口頭說的國(guó)王"希望有人"除掉那愛管閑事的教士，就在坎特伯雷大教堂的圣壇臺(tái)階上謀殺了貝克特。

Becket spent six years on the Continent, and when he returned to England in 1170 fresh quarrels broke out. In that same year four knights of the royal household took literally the King's wish that someone would "rid me of the meddlesome priest" and murdered Becket on the altar steps of Canterbury Cathedral.

尸體于次日葬于教堂地下室。墓地立刻成為朝圣場(chǎng)所，并一直延續(xù)到喬叟時(shí)代，甚至延續(xù)到喬叟時(shí)代之后。杰弗里.喬叟(1340-1400)是英國(guó)詩(shī)人，他的名著是《坎特伯雷故事集》，此書敘述了一群朝圣者到坎特伯雷托馬斯.貝克特墓的旅行。The body was buried next day in the crypt and almost immediately the grave became a place of pilgrimage, as it still was in and beyond Chaucer's time. Geoffrey Chaucer was an English poet (1340-1400). His best-known work is The Canterbury Tales, which describes a group of pilgrims traveling to Canterbury to visit Thomas Beckets tomb.

結(jié)果，為滿足公眾的感情，亨利在貝克特的墳?zāi)骨白髁俗晕覒土P。這一事件是教會(huì)的一個(gè)大勝利。1173 年貝克特被正式宣布為圣徒。

Subsequently Henry, to satisfy public feeling, did penance at Becket's tomb, so that the event was a great victory for the church. Becket was canonized in 1173.?