12. Domesday Book. 1085—1086.—It was to William's credit that his government was a strong one. In William's days life and property and female honour were under the protection of a king who knew how to make himself obeyed. Strong government, however, is always expensive, and William and his officers were always ready with an excuse for getting money. "The king and the headmen loved much and overmuch covetousness on gold and on silver, and they recked not how sinfully it was gotten, if only it came to them.... They reared up unright tolls, and many other unright things they did that are hard to reckon." Other men, in short, must observe the law; William's government was a law to itself. It was, however, a law, and not a mere scramble for money. Though there were no Danish invaders now, William continued to levy the Danegeld, and he had rents and payments due to him in many quarters which had been due to his predecessors. In order to make his exactions more complete and more regular, he resolved to have set down the amount of taxable property in the realm that his full rights might be known, and in 1085, "He sent over all England into ilk shire his men, and let them find out how many hundred hides were in the shire, or what the king himself had of land or cattle in the land, or whilk rights he ought to have.... Eke he let write how mickle of land his archbishops had, and his bishops, and his abbots and his earls, and what or how mickle ilk man had that landholder was in England in land and in cattle, and how mickle fee it was worth. So very narrowly he let speer it out that there was not a single hide nor a yard of land, nor so much as—it is a shame to tell, though he thought it no shame to do—an ox nor a cow nor a swine was left that was not set in his writ." The chronicler who wrote these words was an English monk of Peterborough. Englishmen were shocked by the new regularity of taxation. They could hardly be expected to understand the advantages of a government strong enough through regular taxation to put down the resistance of rebellious earls at home and to defy invasion from abroad. The result of the inquiries of the king's commissioners was embodied in Domesday Book, so called because it was no more possible to appeal from it than from the Last Judgment.



13. William's Great Councils.—Though William was himself the true ruler of England, he kept up the practice of his predecessors in summoning the Witenagemot from time to time. In his days, however, the name of the Witenagemot was changed into that of the Great Council, and, to a slight extent, it changed its nature with its name. The members of the Witenagemot had attended because they were officially connected with the king, being ealdormen or bishops or thegns serving in some way under him. Members of the Great Council attended because they held land in chief from the king. The difference, however, was greater in appearance than in reality. No doubt men who held very small estates in chief might, if they pleased, come to the Great Council, and if they had done so the Great Council would have been much more numerously attended than the Witenagemot had been. The poorer tenants-in-chief, however, found that it was not only too troublesome and expensive to make the journey at a time when all long journeys had to be made on horseback, but that when they arrived their wishes were disregarded. They therefore stayed at home, so that the Great Council was regularly attended only by the bishops, the abbots of the larger abbeys, and certain great landowners who were known as barons. In this way the Great Council became a council of the wealthy landowners, as the Witenagemot had been, though the two assemblies were formed on different principles.

14. The Gemot at Salisbury. 1086.—In 1086, after Domesday Book had been finished, William summoned an unusually numerous assembly, known as the Great Gemot, to meet at Salisbury. At this not only the tenants-in-chief appeared, but also all those who held lands from them as sub-tenants. "There came to him," wrote the chronicler, "... all the landowning men there were over all England, whose soever men they were, and all bowed down before him and became his men, and swore oaths of fealty to him, that they would be faithful to him against all other men." It was this oath which marked the difference between English and Continental feudalism, though they were now in other respects alike. On the Continent each tenant swore to be faithful to his lord, but only the lords who held directly from the crown swore to be faithful to the king. The consequence was that when a lord rebelled against the king, his tenants followed their lord and not the king. In England the tenants swore to forsake their lord and to serve the king against him if he forsook his duty to the king. Nor was this all. Many men break their oaths. William, however, was strong enough in England to punish those who broke their oaths to him, whilst the king of France was seldom strong enough to punish those who broke their oaths to him.

15. William's Death. 1087.—The oath taken at Salisbury was the completion of William's work in England. To contemporaries he appeared as a foreign conqueror, and often as a harsh and despotic ruler. Later generations could recognise that his supreme merit was that he made England one. He did not die in England. In 1087 he fought with his lord, the king of France, Philip I. In anger at a jest of Philip's he set fire to Mantes. As he rode amidst the burning houses his horse shied and threw him forward on the pommel of his saddle. He was now corpulent and the injury proved fatal. On September 9 he died. When the body was carried to Caen for burial in the abbey of St. Stephen, which William himself had reared, a knight stepped forward and claimed as his own the ground in which the grave had been dug. It had been taken, he said, by William from his father. "In the name of God," he cried, "I forbid that the body of the robber be covered with my mould, or that he be buried within the bounds of my inheritance." The bystanders acknowledged the truth of his accusation, and paid the price demanded.



CHAPTER VIII.

WILLIAM II. 1087—1100.

LEADING DATES

Accession of William II 1087 Norman rebellion against William II. 1088 Anselm, Archbishop of Canterbury 1093 The Council of Rockingham, and the First Crusade 1095 Conquest of Jerusalem by the Crusaders 1099 Death of William II. 1100

1. The Accession of the Red King. 1087.—In Normandy the Conqueror was succeeded by his eldest son, Robert. Robert was sluggish and incapable, and his father had expressed a wish that England, newly conquered and hard to control, should be ruled by his more energetic second son, William. To the third son, Henry, he gave a sum of money. There was as yet no settled rule of succession to the English crown, and William at once crossed the sea and was crowned king of the English at Westminster, by Lanfranc. William Rufus, or the Red King, as men called him, feared not God nor regarded man. Yet the English rallied round him, because they knew that he was strong-willed, and because they needed a king who would keep the Norman barons from oppressing them. For that very reason the more turbulent of the Norman barons declared for Robert, who would be too lazy to keep them in order. In the spring of 1088 they broke into rebellion in his name. William called the English people to his help. He would not, he said, wring money from his subjects or exercise cruelty in defence of his hunting grounds. On this the English rallied round him. At the head of a great army he marched to attack the rebels, and finally laid siege to Rochester, which was held against him by his uncle Odo, Bishop of Bayeux, whom he had released from the imprisonment in which the Conqueror had kept him. William called upon yet greater numbers of the English to come to his help. Every one, he declared, who failed him now should be known for ever by the shameful name of Nithing, or worthless. The English came in crowds. When at last Odo surrendered, the English pleaded that no mercy should be shown him. "Halters, bring halters!" they cried; "hang up the traitor bishop and his accomplices on the gibbet." William, however, spared him, but banished him for ever from England.

2. The Wickedness of the Red King.—William had crushed the Norman rebels with English aid. When the victory was won he turned against those who had helped him. It was not that he oppressed the English because they were English, but that he oppressed English and Normans alike, though the English, being the weaker, felt his cruelty most. He broke all his promises. He gathered round him mercenary soldiers from all lands to enforce his will. He hanged murderers and robbers, but he himself was the worst of robbers. When he moved about the country with the ruffians who attended him, the inhabitants fled to the woods, leaving their houses to be pillaged. William allowed no law to be pleaded against his own will. His life, and the life of his courtiers, was passed in the foulest vice. He was as irreligious as he was vicious. It was in especial defiance of the Christian sentiment of the time that he encouraged the Jews, who had begun to come into England in his father's days, to come in greater numbers. They grew rich as money-lenders, and William protected them against their debtors, exacting a high price for his protection. Once, it is said, he invited the Jewish rabbis to argue in his presence with the bishops on the merits of their respective creeds, and promised to become a Jew if the rabbis had the better of the argument. His own mouth was filled with outrageous blasphemies. "God," he said, "shall never see me a good man. I have suffered too much at His hands."

3. Ranulf Flambard.—The chief minister of the Red King was Ranulf Flambard, whom he ultimately made Bishop of Durham. He was one of the clerks of the king's chapel. The word 'clerk' properly signified a member of the clergy. The only way in which men could work with their brains instead of with their hands was by becoming clerks, the majority of whom, however, only entered the lower orders, without any intention of becoming priests or even deacons. Few, except clerks, could read or write, and whatever work demanded intelligence naturally fell into their hands. They acted as physicians or lawyers, kept accounts, and wrote letters. The clerks of the king's chapel were the king's secretaries and men of business. These ready writers had taken a leading part in the compilation of Domesday Book, and they were always active in bringing in money. Under the Conqueror they were expected to observe at least something of the rules of justice. Under the Red King they were expected to disregard them entirely. Of all the clerks Ranulf Flambard was the most unscrupulous; therefore he rose into the greatest favour. The first William had appointed high officers, known as Justiciars, to act in his name from time to time when he was absent from England, or was from any cause unable to be present when important business was transacted. Flambard was appointed Justiciar by the second William, and in his hands the office became permanent. The Justiciar was now the king's chief minister, acting in his name whether he was present or absent. Flambard used his power to gather wealth for the king on every side. "He drave the king's gemots," we are told, "over all England;" that is to say, he forced the reluctant courts to exact the money which he claimed for the king.

4. Feudal Dues.—It was Flambard who systematised, if he did not invent, the doctrine that the king was to profit by his position as supreme landlord. In practice this meant that he exacted to the full the consequences of feudal tenure. If a man died who held land by knight service from the crown, leaving a son who was a minor, the boy became the ward of the king, who took the profits of his lands till he was twenty-one, and forced him to pay a relief or fine for taking them into his own hands when he attained his majority. If the land fell to an heiress the king claimed the right of marrying her to whom he would, or of requiring of her a sum of money for permission to take a husband at her own choice, or, as was usually the case, at the choice of her relations. Under special circumstances the king exacted aids from his tenants-in-chief. If he were taken prisoner they had to pay to ransom him from captivity. When he knighted his eldest son or married his eldest daughter they had to contribute to the expense. It is true that this was in accordance with the principle of feudality. Neither a boy nor a woman could render service in the field, and it was therefore only fair that the king should hold the lands at times when no service was rendered to him for them; and it was also fair that the dependents should come to their lord's help in times of special need, especially as all that the king took from them they in turn took from their own sub-tenants. Flambard, however, did not content himself with a moderately harsh exaction of these feudal dues. The grievance against him was that he made the king 'to be every man's heir, whether he were in orders or a layman,' that is to say, that Flambard so stripped and exhausted the land belonging to the king's wards as to make it almost worthless, and then demanded reliefs so enormous that when the estate had at last been restored, all its value had passed into the hands of the king. When a bishop or an abbot died, the king appointed no successor, and appropriated the revenues of the vacant see or monastery till some one chose to buy the office from him. The king alone grew rich, whilst his vassals were impoverished.

5. Archbishop Anselm.—In 1089 Lanfranc died, and the archbishopric of Canterbury was then left vacant for nearly four years. The Archbishop of Canterbury was more than the first of English bishops. He was not only the maintainer of ecclesiastical discipline, but also the mouthpiece of the English people when they had complaints to make to the king. Men turned their thoughts to Anselm, the Abbot of Bec. Anselm was a stranger from Aosta, on the Italian side of the Alps. He was the most learned man of the age, and had striven to justify the theology of the day by rational arguments. He was as righteous as he was learned, and as gentle as he was righteous. Tender to man and woman, he had what was in those days a rare tenderness to animals, and had caused astonishment by saving a hunted hare from its pursuers. In 1092 the king's vassals assembled in the Great Council urged William to choose a successor to Lanfranc, and asked him to allow prayers to be offered in the churches that God might move his heart to select a worthy chief pastor. "Pray as you will," said the king, scornfully. "I shall do as I think good; no man's prayers will do anything to shake my will!" In the spring of 1093 William fell sick. Believing himself to be a dying man, he promised to amend his life, and named Anselm archbishop. On his refusal to accept the nomination, Anselm was dragged to the king's bedside, and the pastoral staff, the symbol of the pastoral office of a bishop, was forced into his hands by the bystanders.

6. The Council of Rockingham. 1095.—To this well-meant violence Anselm submitted unwillingly. He was, he said, a weak old sheep to be yoked with an untamed bull to draw the plough of the English Church. Yet, gentle as he was, he was possessed of indomitable courage in resistance to evil. William recovered, and returned to his blasphemy and his tyranny. In vain Anselm warned him against his sins. A fresh object of dispute soon arose between the king and the new archbishop. Two Popes claimed the obedience of Christendom. Urban II. was the Pope acknowledged by the greater part of the Church. Clement III. was the Pope supported by the Emperor. Anselm declared that Urban was the true Pope, and that he would obey none other. William asserted that his father had laid down a rule that no Pope should be acknowledged in England without the king's assent, and he proposed to act upon it by acknowledging neither Clement nor Urban. His object was, perhaps, to prevent the enforcement of ecclesiastical discipline by temporarily getting rid of the papal authority. Anselm wanted the authority of the Pope to check vice and disorder. The question was set aside for a time, but in 1095 Anselm, tired of witnessing William's wicked actions, asked leave to go to Rome to fetch from Urban the pallium, a kind of scarf given by the Pope to archbishops in recognition of their office. William replied that he did not acknowledge Urban as Pope. A Great Council was summoned to Rockingham to discuss the question. The lay barons, who liked to see the king resisted, were on Anselm's side. The bishops, many of whom were creatures of William, appointed from amongst his clerks, took the side of the king. Anselm stated his case firmly and moderately, and then, caring nothing for the angry king, retired into the chapel and went quietly to sleep. The king, finding that the barons would give him no support, was unable to punish Anselm. Two years later, in 1097, Anselm betook himself to Rome, and William at once seized on his estates.

7. William II. and his Brothers.—Normandy under Robert was even worse off than England under William. William was himself a tyrant, but in Normandy there were at least a hundred tyrants because Robert was too easy-tempered to bring any one to justice. The land was full of violence. Each baron made war on his neighbour, and, as usual, the peasant suffered most. Robert's own life was vicious and wasteful, and he was soon in debt. He sold the Cotentin and the territory of Avranches to his youngest brother, Henry. Henry was cool-headed and prudent, and he kept order in his new possession better than either of his elder brothers would have done. The brothers coveted the well-ordered land, and in 1091, two years before Anselm became archbishop, they marched together against Henry. Henry was besieged on St. Michael's Mount, a rocky island surrounded by the sea at high water. After a time water ran short. The easy-tempered Robert sent in a supply. "Shall we let our brother die of thirst?" he said to William. Henry was in the end forced to surrender, and the land which he had purchased was lost to him for a time. In 1095 Henry was again in Normandy. Robert of Belleme, the lord of Domfront, was the most cruel of the cruel barons. Once he had torn out with his own hands the eyes of his godson, merely because the child's father had displeased him. The people of Domfront called on Henry to deliver them from such a monster. Henry seized Domfront, ruled its people with justice, and soon recovered the possessions from which his brothers had driven him.

8. William and Scotland. 1093—1094.—William's attention was at this time drawn to the North. Early in his reign he annexed Cumberland, and had secured it against the Scots by fortifying Carlisle, which had been desolate since the Danish invasion in the reign of AElfred. Malcolm, king of the Scots, was a rude warrior who had been tamed into an outward show of piety by his saintly wife, Margaret, the sister of Eadgar the AEtheling. Though he could not read her books of devotion, he liked to look at the pictures in them and to kiss the relics which she honoured. Margaret gathered Englishmen round her, and spread abroad something of southern piety and civilisation amongst the fierce Celtic warriors of her husband. She could not teach them to change their natures. In 1093 Malcolm burst into Northumberland, plundering and burning, till an Englishman slew him at Alnwick. Queen Margaret died broken-hearted at the news, and was before long counted as a saint. For the moment the Scottish Celts were weary of the English queen and her English ways. They set up Malcolm's brother, Donald Bane, as their king, refusing to be governed by any of Margaret's sons. Donald at once 'drave out all the English that before were with King Malcolm.' In 1094 Duncan, Margaret's step-son, gained the crown from Donald with the aid of a troop of English and Norman followers. The Celts soon drove out his followers, and after a while they slew him and restored Donald.

9. Mowbray's Rebellion. 1095.—William had as yet too much to do at home to interfere further in Scotland. The Norman barons hated him, and in 1095 Robert of Mowbray, Earl of Northumberland—the name was now confined to the land between the Tweed and the Tyne—refused obedience. William at once marched against him, and took from him the new castle which he had built in 1080, and which has ever since been known as Newcastle-on-Tyne. Robert held out long in his stronger fortress of Bamborough, which was only taken at last by fraud. He was condemned to a lifelong imprisonment, and it is even said that the Pope, seeing his case hopeless, allowed his wife to marry again as though her husband had been dead. Mowbray's rebellion, like the conspiracy of the Earls against the Conqueror, shows how eagerly the Norman barons longed to shake off the yoke of the king, and how readily Englishmen and the less powerful Normans supported even a tyrannical king rather than allow the barons to have their way.

10. The First Crusade. 1095—1099.—These petty wars were interrupted by a call to arms from the Pope. For centuries Christians had made pilgrimages to Bethlehem and Jerusalem, the holy places where their Lord had been born and had been crucified. When the Arabs conquered the Holy Land, Mohammedans as they were, they gave protection to the pilgrims from the West. The Turks, who were also Mohammedans, had lately obtained the mastery over the Arabs, and had secured dominion over the Holy Land. They were fierce warriors, ignorant and cruel, who either put the pilgrims to death or subjected them to torture and ill-usage. In 1095 Pope Urban II. came to Clermont to appeal to the Christians of the West to set out on a Crusade—a war of the Cross—to deliver the Holy City from the infidel. After he had spoken the multitude burst out with the cry, "It is the will of God!" Men of every rank placed on their garments a cross, as the sign of their devotion to the service of Christ. In 1096 a huge multitude set forth under Peter the Hermit, who had been active in urging men to take part in the Crusade. They believed it to be unnecessary to take money or food, trusting that God would supply His warriors. All these perished on the way. A better-equipped body of knights and nobles set out later under Godfrey of Bouillon. They fought their way through Asia Minor and Syria to Jerusalem, and in 1099 the Holy City was taken by storm. Godfrey, though he became its first Christian king, refused to be crowned. "I will not," he said, "wear a crown of gold where my Saviour wore a crown of thorns." The piety of the Christian warriors was not accompanied by mercy to the vanquished. Holding Mohammedans to be the special enemies of God, they treated them as no better than savage beasts. There was a terrible butchery when Jerusalem was taken, and Christian men fancied that they did God service by dashing out the brains of Mohammedan babes against the walls.

11. Normandy in Pledge. 1096.—Robert was amongst the Crusaders. To raise money for his expedition he pledged Normandy to his brother William. William had no wish to take part in a holy war, but he was ready to make profit out of those who did. Normandy was the better for the change. It is true that William oppressed it himself, but he saved the people from the worse oppression of the barons.

12. The Last Years of the Red King.—The remaining years of William's reign were years of varying success. An English force set up Eadgar, the son of Malcolm and Margaret, as king of the Scots, and Eadgar consented to hold his crown as William's vassal. William's attempts to reduce the Welsh to submission ended in failure, and he was obliged to content himself with hemming them in with castles. In 1098 the wicked Robert of Belleme succeeded his brother as earl of Shrewsbury. Robert robbed and tortured Englishmen as he had robbed and tortured Normans. He was a great builder of castles, and at Bridgenorth he raised a fortress as the centre of a group of strong places which could defy the Welsh and form the basis of his operations against them. In the same year William captured Le Mans, the capital of Maine, which had recovered its independence from Robert, which was held against him by Helie de la Fleche, one of the few unselfish men of the day. Unlike his father, the Red King often began enterprises which he did not finish. In 1099 he had all his work to do over again. He was hunting in the New Forest when he heard that Helie had regained Le Mans. He rode hard to Southampton, and, leaping on board a vessel, bade the sailors put to sea. A storm was raging, and the sailors prayed him to wait till the wind fell. "I never heard," he answered, "of a king being drowned." The next morning he was in Normandy. He recovered Le Mans, but returned to England without conquering Maine.

13. The Death of the Red King. 1100.—On August 2, 1100, the Red King went out to hunt in the New Forest. In the evening his body was found pierced by an arrow. Who his slayer was is unknown. The blow may have been accidental. It is more likely to have been intentional. In every part of England were men who had good cause to hate William, and nowhere were his enemies in greater numbers than round the New Forest. Whoever was his slayer, the body of the tyrant was borne to the cathedral of Winchester and buried as the corpse of a wild beast, without funeral rites or weeping eyes. When, after a few years had passed, the tower above the unhallowed tomb fell in, men said that it had fallen because so foul a body lay beneath it.



CHAPTER IX.

HENRY I. AND STEPHEN.

HENRY I., 1100—1135. STEPHEN, 1135—1154.

LEADING DATES

The Accession of Henry I. 1100 Battle of Tinchebrai 1106 Death of Henry I. and Accession of Stephen 1135 The Civil War 1139 Treaty of Wallingford 1153 Death of Stephen 1154



1. The Accession of Henry I. 1100.—When the news spread that the Red King had been slain in the New Forest, his younger brother, Henry, hastened to Winchester, where he was chosen king by the barons who happened to be there. At his coronation at Westminster he swore to undo all the evil of his brother's reign. The name by which he came to be known—the Lion of Justice—shows how well he kept his promise. He maintained order as his father had done, and his brother had not done. Flambard, the wicked minister of the Red King, was imprisoned in the Tower, and Anselm, the good archbishop, recalled to England. Henry's chief strength lay in the support of the English. To please them he married Eadgyth, the daughter of Malcolm and Margaret, the descendant through her mother of the old English kings. Through Eadgyth the blood of Alfred and Ecgberht was transmitted to the later kings. It was, however, necessary that she should take another name. Every one at Henry's court talked French, and 'Eadgyth' was unpronounceable in French. The new queen was therefore known as Matilda, or Maud. The English called her the good queen. The Normans mocked her husband and herself by giving them the English nicknames of Godric and Godgifu.

2. Invasion of Robert. 1101.—One danger at least Henry had to face. The Norman barons yearned after the weak rule of Robert, who was again in possession of Normandy. Once, we are told, he had to stay in bed till noon, because his favourites had carried off his clothes, and he had no others to put on. A duke who could not keep his own clothes was not likely to be able to rule his duchy, and Normandy was again the scene of fightings and plunderings which he made no effort to suppress. Flambard, having escaped from prison, fled to Normandy, and urged Robert to claim England as the heritage of the eldest son of the Conqueror. Robert listened to the tempter and sailed for England. When he landed at Porchester he found that the Church and the English had rallied to Henry. Robert's position was hopeless, and he made a treaty with his brother, abandoning all claim to the crown.

3. Revolt of Robert of Belleme. 1102.—Henry knew that the great barons wished well to Robert, and on one pretext or another he stripped most of them of power. Robert of Belleme, the strongest and wickedest of them all, rose in revolt. After capturing many of his castles, Henry laid siege to his great fortress at Bridgenorth. The barons who served under Henry urged him to spare a rebel who was one of their own class. The Englishmen and the inferior Norman knights thought otherwise. "Lord King Henry," they cried, "trust not those traitors. They do but strive to deceive you, and to take away from you the strength of kingly justice.... Behold, we all stand by you faithfully; we are ready to serve and help you in all things. Attack the castle vigorously; shut in the traitor on all sides, and make no peace with him till you have him alive or dead in your hands." Bridgenorth was taken, and Robert of Belleme, having been stripped of his English land, was sent off to Normandy. Henry was now, in very truth, king of the English. "Rejoice, King Henry," ran a popular song, "and give thanks to the Lord God, because thou art a free king since thou hast overthrown Robert of Belleme, and hast driven him from the borders of thy kingdom." Never again during Henry's reign did the great Norman lords dare to lift hand against him.

4. The Battle of Tinchebrai. 1106.—It was impossible for Henry to avoid interference in Normandy. Many of his vassals in England possessed lands in Normandy as well, where they were exposed to the violence of Robert of Belleme and of others who had been expelled from England. The Duke of the Normans would do nothing to keep the peace, and Henry crossed the sea to protect his own injured subjects. Duke Robert naturally resisted him, and at last, in 1106, a great battle was fought at Tinchebrai, in which Robert was utterly defeated. Duke Robert was kept for the remainder of his life a prisoner in Cardiff Castle, where he died after an imprisonment of twenty-eight years. Henry became Duke of the Normans as well as king of the English, and all Normandy was the better for the change. Robert of Belleme was thrown into prison, and the cruel oppressor thus shared the fate of the weak ruler whose remissness had made his oppressions possible.



5. Henry and Anselm. 1100—1107.—Though Anselm had done everything in his power to support Henry against Robert of Belleme, he was himself engaged in a dispute with the king which lasted for some years. A bishop in Anselm's time was not only a great Church officer, whose duty it was to maintain a high standard of religion and morality amongst the clergy. He was also one of the king's barons, because he was possessed of large estates, and was therefore bound like any other baron to send knights to the king when they were needed. Consequently, when Anselm became archbishop he had not only received investiture from William II. by accepting from him the ring and the staff which were the signs of ecclesiastical authority, but also did homage, thus acknowledging himself to be the king's man, and obliging himself, not indeed to fight for him in person, but to send knights to fight under his orders. When, however, Henry came to the throne, and asked Anselm to repeat the homage which he had done to William, Anselm not only refused himself to comply with the king's request, but also refused to consecrate newly-chosen bishops who had received investiture from Henry. During the time of his exile Anselm had taken part in a council of the Church, in which bishops and abbots had been forbidden by the Pope and the council either to receive investiture from laymen or to do homage to them. These decrees had not been issued merely to serve the purpose of papal ambition. At that time all zealous ecclesiastics thought that the only way to stop the violence of kings in their dealings with the Church was to make the Church entirely independent. Anselm's experience of the Red King's wickedness must have made him ready to concur with this new view, and there can be no doubt that it was from the most conscientious motives that he refused to do homage to Henry. On the other hand, Henry, wishing to rule justly, thought it very hard that the archbishop should insist upon the independence of the bishops, especially as in consequence of their large estates they had so many knights to send into the field. Though the dispute was a hot one, it was carried on without any of the violence which had characterised the dispute between Anselm and the Red King, and it ended in a compromise. Henry abandoned all claim to give the ring and the pastoral staff which were the signs of a bishop's or an abbot's spiritual jurisdiction, whilst Anselm consented to allow the new bishop or abbot to render the homage which was the sign of his readiness to employ all his temporal wealth and power on the king's behalf. The bishop was to be chosen by the chapter of his cathedral, the abbot by the monks of his abbey, but the election was to take place in the king's presence, thus giving him influence over their choice. Whether this settlement would work in favour of the king or the clergy depended on the character of the kings and the clergy. If the kings were as riotous as the Red King and the clergy as self-denying as Anselm, the clergy would grow strong in spite of these arrangements. If the kings were as just and wise as Henry, and the clergy as wicked as Ralph Flambard, all advantage would be on the side of the king.

6. Roger of Salisbury.—After the defeat of the Norman barons the Great Council ceased for a time to have any important influence on the government. Henry was practically an absolute king, and it was well that he should be so, as the country wanted order more than discussion. Henry, however, loved to exercise absolute power in an orderly way, and he chose for his chief minister Roger, whom he made Bishop of Salisbury. Roger had first attracted his notice when he was going out hunting, by saying mass in a shorter time than any other priest, but he retained his favour by the order and system which he introduced into the government. A special body of officials and councillors was selected by the king—perhaps a similar body had been selected by his predecessor—to sit in judgment over cases in which tenants-in-chief were concerned, as well as over other cases which were, for one reason or another, transferred to it from the Baronial Courts. This council or committee was called the Curia Regis (the King's Court). The members of this Curia Regis met also in the Exchequer, so called from the chequered cloth which covered the table at which they sat. They were then known as Barons of the Exchequer, and controlled the receipts and outgoings of the treasury. The Justiciar presided in both the Curia Regis and the Exchequer. Amongst those who took part in these proceedings was the Chancellor, who was then a secretary and not a judge, as well as other superior officers of the king. A regular system of finance was introduced, and a regular system of justice accompanied it. At last the king determined to send some of the judges of his court to go on circuit into distant parts of the kingdom. These itinerant Justices (Justitiarii errantes) brought the royal power into connection with the local courts. Their business was of a very miscellaneous character. They not only heard the cases in which the king was concerned—the pleas of the crown, as they were called—but they made assessments for purposes of taxation, listened to complaints, and conveyed the king's wishes to his people.



7. Growth of Trade.—Though Henry's severe discipline was not liked, yet the law and order which he maintained told on the prosperity of the country, and the trade of London flourished so much as to attract citizens from Normandy to settle in it. Flemings too, trained in habits of industry, came in crowds, and with the view of providing a bulwark against the Welsh, Henry settled a colony of them in South Pembrokeshire, which has since been known as Little England beyond Wales. The foreigners were not popular, but the Jews, to whom Henry continued the protection which William had given them, were more unpopular still.



8. The Benedictines.—In the midst of this busy life the Benedictine monasteries were still harbours of refuge for all who did not care to fight or trade. They were now indeed wealthier than they had once been, as gifts, usually of land, had been made to the monks by those who reverenced their piety. Sometimes these gifts took a shape which afterwards caused no little evil. Landowners who had churches on their lands often gave to a monastery the tithes which had hitherto been paid for the support of the parish priest, and the monastery stepped into the place of the parish priest, sending a vicar to act for it in the performance of its new duties. As the monks themselves grew richer they grew less ascetic. Their life, however, was not spent in idleness. They cared for the poor, kept a school for the children, and managed their own property. Some of their number studied and wrote, and our knowledge of the history of these times is mainly owing to monastic writers. When Henry I. came to the throne the Chronicle was still being written in the English tongue by the monks of Worcester, and for some years after his death was still carried on at Peterborough. The best historical compositions were, however, in Latin, the language understood by the clergy over all Western Europe. Amongst the authors of these Latin works, the foremost was William of Malmesbury.

9. The Cistercians.—Useful as the Benedictines were, there were some monks who complained that the extreme self-denial of their founder, St. Benedict, was no longer to be met with, and the complainants had lately originated a new order, called the Cistercian, from Citeaux, in Burgundy, the site of their first abbey. The Cistercians made their appearance in England in 1128. Their buildings and churches were simpler than those of the Benedictines, and their life more austere. They refused to receive gifts of tithes lest they should impoverish the parish clergy. They loved to make their homes in solitary places far from the haunts of men, and some of the most beautiful of the abbeys which remain in ruins—those, for instance, of Fountains and Tintern—were Cistercian abbeys. They are beautiful, not because the Cistercians loved pleasant places, but because they loved solitude, whilst the Benedictines had either planted themselves in towns or had allowed towns to grow up round their monasteries.



10. The White Ship.—Henry, in consequence of the possession of Normandy, had been frequently involved in war with France. Robert's son, William Clito, claimed Normandy, and his claim was supported by Louis VI. the Fat, who was styled king of France, though the territory which he actually ruled was no larger than Normandy. In these wars Henry was usually successful, and at last, in 1127, William was killed, and Henry freed from danger. His own son, also named William, had already been drowned on the voyage between Normandy and England in 1120. The ship in which he sailed ran upon a rock, and the young man was placed in a boat, and might have escaped if he had not returned to save his half-sister, the Countess of Perche, who was still on board. As soon as he approached the sailors and passengers crowded into the boat and swamped it. Only one man, a butcher, was saved, by clinging to the mast of the ship when it sank. The captain, who was with him on the mast, threw himself off as soon as he learned that the king's son had been drowned, and perished in the water. It is said that no man dared to tell Henry that his son was drowned, and that at last a little child was sent to inform him of his misfortune.

11. The Last Years of Henry I.—Henry had many illegitimate children, but after William's death the only lawful child left to him was Matilda. She had been married as a child to the Emperor Henry V., but her husband had died before she was grown up, and she then returned to her father, as the Empress Matilda. There had never been a queen in England, and it would have been very hard for a woman to rule in those times of constant war and bloodshed. Yet Henry persuaded the barons to swear to accept her as their future sovereign. He then married her to Geoffrey, Count of Anjou, who came of a brave and active race, and whose lands, which lay to the south of Normandy, would enlarge the French possessions of Henry's descendants. In 1135 Henry died. The great merit of his English government was that he forsook his brother's evil ways of violence, and maintained peace by erecting a regular administrative system, which kept down the outrages of the barons. One of the English chroniclers in recording his death prayed that God might give him the peace that he loved.[9]

[Footnote 9: Genealogy of the Conqueror's sons and grandchildren:—

WILLIAM I. = Matilda of Flanders 1066-1087 + + + -+ -+ Robert, Duke of WILLIAM II. HENRY I. Adela = Stephen of Blois Normandy 1087-1100 1100-1135 STEPHEN William Clito William 1135-1154 (1) The Emperor Henry V. = Matilda = (2) Geoffrey Plantagenet HENRY II. 1154-1189]



12. Stephen's Accession. 1135.—Among the barons who had sworn to obey Matilda was Stephen of Blois, a son of the Conqueror's daughter Adela, and a nephew of Henry I. As soon as Henry's death was known Stephen made his way to London, where he was joyfully received as king. The London citizens felt that their chief interest lay in the maintenance of peace, and they thought that a man would be more likely than a woman to secure order. The barons chose Stephen king at Winchester, where his brother, Henry of Blois, was the bishop. Shortly afterwards some of these very barons rose against him, but their insurrection was soon repressed. More formidable was the hostility of David, king of the Scots. David was closely connected with the family of Henry I., his sister having been Henry's wife, the Empress Matilda being consequently his niece. He also held in right of his own wife the earldom of Huntingdon. Under the pretext of taking up Matilda's cause he broke into the north of England. Though he himself carried on the work of introducing English civilisation into Scotland, his Celtic followers were still savage, and massacred women and infants. In 1137 Stephen drove David back. In 1138 David reappeared, and this time the aged Thurstan, Archbishop of York, sent the levies of the North against him. In the midst of the English army was a cart bearing a standard, at the top of which the banners of the three great churches of St. Peter's of York, St. John of Beverley, and St. Wilfrid of Ripon, waved round the consecrated Host. The battle which ensued, near Northallerton, has consequently been known as the battle of the Standard. The Scots were completely defeated, but Stephen, in spite of the victory gained for him, found himself obliged to buy peace at a heavy price. He agreed that David's son, Henry, should hold Northumberland, with the exception of the fortresses of Bamborough and of Newcastle, as a fief of the English Crown. David himself was also allowed to keep Cumberland without doing homage.



13. Civil War.—It would have been well for Stephen if he had learnt from the men of the North that his strength lay in rallying the English people round him against the great barons, as the Red King and Henry I. had done when their right to the crown had been challenged by Robert. Instead of this, he brought over mercenaries from Flanders, and squandered treasure and lands upon his favourites so as to have little left for the hour of need. He made friends easily, but he made enemies no less easily. One of the most powerful of the barons was Robert, Earl of Gloucester, an illegitimate son of Henry I., who held the strong fortress of Bristol, and whose power extended over both sides of the lower course of the Severn. In 1138 Stephen, who distrusted him, ordered his castles to be seized. Robert at once declared his half-sister Matilda to be the lawful queen, and a terrible civil war began. Robert's garrison at Bristol was a terror to all the country round. He, too, gathered foreign mercenaries, who knew not what pity was. Other barons imitated Robert's example, fighting only for themselves whether they nominally took the part of Stephen or of Matilda, and the southern and midland counties of England were preyed upon by the garrisons of their castles.

14. Stephen's Quarrel with the Clergy. 1139.—Evil as were the men who fought on either side, it was to Stephen and not to Matilda and Robert that men as yet looked to restore order. The port towns, London, Yarmouth, and Lynn, clung to him to the last. Unfortunately Stephen did not know how to make good use of his advantages. The clergy, like the traders, had always been in favour of order. Some of them, with the Justiciar, Roger, Bishop of Salisbury, at their head, had organised the Exchequer of Henry I., had gathered in the payments due to the Crown, or had acted as judges. Yet with all their zeal in the service of the Crown, they had not omitted to provide for their own interests. Roger in particular had been insatiable in the pursuit of wealth for himself and of promotion for his family. One of his nephews, Nigel, Bishop of Ely, was Treasurer, whilst another, Alexander, was Bishop of Lincoln, and his own illegitimate son, Roger, was Chancellor. In 1139 Stephen, rightly or wrongly, threw him into prison with his son and Alexander of Lincoln. The other nephew, Nigel, escaped to his uncle's castle at Devizes, in which was the younger Roger's mother, Matilda of Ramsbury. Stephen brought her son before the castle, and put a rope round his neck to hang him unless the castle was surrendered. The unhappy mother could not bear the sight, and opened the gates to Stephen. It might have been wise to deprive a too ambitious bishop of his castle, but it was not wise personally to maltreat the clergy. Every priest in England turned against Stephen. His own brother, Henry, Bishop of Winchester, declared against him, and Stephen was obliged to do penance for his offence. The administration of the Exchequer was shattered, and though it was not altogether destroyed, and money was brought to it for the king's use even in the worst times, Stephen's financial resources were from henceforth sadly diminished.

15. Anarchy. 1139.—The war now lapsed into sheer anarchy. The barons on either side broke loose from all restraint. "They fought amongst themselves with deadly hatred; they spoiled the fairest lands with fire and rapine; in what had been the most fertile of counties they destroyed almost all the provision of bread." All goods and money they carried off, and if they suspected any man to have concealed treasure they tortured him to oblige him to confess where it was. "They hanged up men by the feet and smoked them with foul smoke; some were hanged up by their thumbs, others by their head, and coats of mail were hung on to their feet. They put knotted strings about men's heads, and twisted them till they went to the brain. They put men into prisons where adders and snakes and toads were crawling; and so they tormented them. Some they put into a chest, short and narrow and not deep, and that had sharp stones within; and forced men therein, so that they broke all their limbs. In many of the castles were hateful and grim things called neckties, which two or three men had enough to do to carry. This instrument of torture was thus made: it was fastened to a beam, and had a sharp iron to go about a man's neck and throat, so that he might no way sit or lie or sleep, but he bore all the iron. Many thousands they starved with hunger.... Men said openly that Christ and His saints were asleep."

16. The End of the War. 1141—1148.—In the autumn of 1139, Matilda appeared in England, and in 1141 there was a battle at Lincoln, in which Stephen was taken prisoner. Henry of Winchester (see p. 131) acknowledged Matilda as queen, and all England submitted to her, London giving way most reluctantly. Her rule did not last long. She was as much too harsh as Stephen was too good-natured. She seized the lands of the Church, and ordered the Londoners to pay a heavy fine for having supported Stephen. On this the Londoners rang their bells, and the citizens in arms swarmed out of their houses 'like bees out of a hive.' Matilda fled to Winchester before them. Bishop Henry then turned against her. Robert of Gloucester was taken prisoner, and after a while Matilda was obliged to set free King Stephen in exchange for her brother. Fighting continued for some time. On all sides men were longing for peace. The fields were untilled because no man could tell who would reap the harvest. Thousands perished of starvation. If peace there was to be, it could only come by Stephen's victory. It was now known that Matilda was even less fit to govern than Stephen. Stephen took one castle after another. In 1147 Earl Robert died, and in 1148 Matilda gave up the struggle and left England.



17. Henry, Duke of the Normans. 1149.—Whilst Matilda had been losing England her husband had been conquering Normandy, and for a little while it seemed possible that England and Normandy would be separated; England remaining under Stephen and his heirs, and Normandy united with Anjou under the Angevin Geoffrey and his descendants. That the separation did not yet take place was partly owing to the different character of the two heirs. Stephen's son, Eustace, was rough and overbearing. Geoffrey's son, Henry, was shrewd and prudent. Henry had already been in England when he was still quite young, and had learnt something of English affairs from his uncle, Robert of Gloucester. He returned to his father in 1147, and in 1149 Geoffrey gave up to him the duchy of Normandy. He was then sent to try his fortune in England in his mother's stead, but he was only a boy of sixteen, and too young to cope with Stephen. In 1150 he abandoned the struggle for a time. In his absence Stephen had still rebels to put down and castles to besiege, but he had the greater part of the kingdom at his back, and if Henry had continued to leave him alone he would probably have reduced all his enemies to submission.

18. The Last Days of Stephen. 1153—1154.—In 1150 Geoffrey died, and Henry became Count of Anjou as well as Duke of Normandy. Before long he acquired a much wider territory than either Anjou or Normandy. Louis VII. of France had to wife Eleanor, the Duchess of Aquitaine, and through her had added to his own scanty dominions the whole of the lands between the Loire and the Pyrenees. Louis, believing that she was unfaithful to him, had divorced her on the pretext that she was too near of kin. Henry was not squeamish about the character of so great an heiress, and in 1152 married the Duchess of Aquitaine for the sake of her lands. Thus strengthened, he again returned to England. He was now a young man of nineteen; his vigour was as great as that of Stephen, and his skill greater. He won fortress after fortress. Before the end of 1153 Eustace died, and Stephen had no motive for prolonging the strife if his personal interests could be saved. It was arranged by the treaty of Wallingford that Stephen should retain the crown for life, and that Henry should be his heir. The castles which had sprung up during the civil war without the licence of the king—the 'adulterine castles,' as they were called—and there were no less than 365[10] of them—were to be destroyed, and order and good government were to return. For five months Henry remained in England. The robber barons could not hold out against the two rivals now united. Many of the castles were demolished, and 'such good peace as never was here' was established. In 1154 Stephen died, and young Henry ruled England in his own name.

[Footnote 10: The number usually given, '1,115,' is probably an error.]



CHAPTER X.

HENRY II. 1154—1189.

LEADING DATES

Accession of Henry II. 1154 Thomas, Archbishop of Canterbury 1162 The Constitutions of Clarendon 1164 Murder of Archbishop Thomas 1172 The Assize of Arms 1181 Fall of the Kingdom of Jerusalem 1187 Death of Henry II. 1189

1. Henry's Accession. 1154.—Henry II. was but twenty-one when he returned, after Stephen's death, to govern England. He had before him the difficult task of establishing order where anarchy had prevailed, but it was a task for which he was specially suited. His frame was strong and thick-set, and he was as active as he was strong. His restlessness was the dismay of his courtiers. Eager to see everything for himself, and having to rule a territory extending from the Pyrenees to the Scottish border, he was always on the move. His followers were not allowed to know till he started in the morning where he intended to sleep at night, and he frequently changed his mind even after he had set out. He was as busy with his mind as he was with his body, as fond of a book as of a horse, and ready to chat with any one of whatever rank. Even when he was at mass he either drew pictures to amuse himself or conversed in whispers with his neighbours. His ceaseless energy was combined with a strong will, a clear perception of the limits beyond which action would be unwise, a good eye for ability in others, and a power of utilising their ability in his own service. On the Continent his sagacity appeared in his resolution to be content with the dominions which he had acquired without making further conquests. In England his main object was the same as that of his predecessors, to establish the king's authority over the great barons. What especially distinguished him was his clear perception of the truth that he could only succeed by securing, not merely the passive goodwill, but the active co-operation of those who, whether they were of Norman or of English descent, were inferior in wealth and position to the great barons.



2. Pacification of England.—Henry's first year was spent in completing the work which he had begun after the treaty of Wallingford. He sent Stephen's mercenaries over the sea and completed the destruction of the 'adulterine castles.' One great rebel after another was forced to submit and have his strong walls pulled down. There were to be no more dens of robbers in England, but all men were to obey the king and the law. What castles remained were the king's, and as long as they were his rebellions would not be likely to be successful. Henry even regained from Malcolm IV., king of the Scots, Northumberland and Cumberland, which had been surrendered by Stephen (see p. 133). In his government Henry did his best to carry out the plans of his grandfather, Henry I. It was perhaps because he was afraid that one Justiciar would be too powerful, that he appointed two, Richard de Lucy and the Earl of Leicester, to see that justice was executed and the government maintained whether the king were absent or present. The old Bishop Nigel of Ely was reappointed Treasurer, and presided over the Exchequer at Westminster. Thomas of London, known in later times by the name of Becket,[11] an active and vigorous man, fifteen years older than the king, who had been ordained a deacon, but had nothing clerical about him except the name, was made Chancellor. Thomas was the king's chosen friend, and the two together delighted in the work of restoring order. Thomas liked sumptuous living, and the magnificence of his housekeeping and of his feasts was the talk of the whole country. Yet though he laughed and jested in the midst of his grandeur, he kept himself from every kind of vice. Henry was fond of horseplay, and once on a bitter winter's day, when he was riding with Thomas, he snatched at a fine new scarlet mantle from the Chancellor's neck to throw to a beggar. Thomas struggled hard, and the two men nearly pulled one another off their horses, but in the end the beggar got the mantle.

[Footnote 11: His father's name was Becket, but at that time hereditary surnames had not come into use. He was once called Thomas Becket in his lifetime by one of his murderers as an insult.]

3. Henry and Feudality.—It was principally with Thomas the Chancellor that Henry consulted as to the best means of establishing his authority. He resolved not only to renew but to extend the administrative system of Henry I. The danger which threatened him came from the great barons, and as the great barons were as dangerous to the lesser ones and to the bulk of the people as they were to the king, Henry was able to strengthen himself by winning the affections of the people. Feudality in itself was only a method of owning land; but it was always threatening to pass into a method of government. In France the great feudal lords ruled their own territories with very little regard for the wishes of the king, and the smaller feudal lords had their own courts in which they hanged and imprisoned their villeins. In Stephen's time an attempt had been made to introduce this system into England, with evil consequences both to king and people. Before the Conquest great landowners had often received permission from the king to exercise criminal jurisdiction in the Manor Courts on their own estates, whilst the vast extent of their landed property gave them a preponderant voice in the proceedings of the shire-moots, now known by the Normans as County Courts. Henry resolved to attack the evil at both ends: in the first place to make the barons support the king's government instead of setting up their own; in the second place, to weaken the Manor and County Courts and to strengthen courts directly proceeding from himself.

4. The Great Council and the Curia Regis.—Henry in the early years of his reign revived the importance of the Great Council, taking care that it should be attended not only by the great barons, but by vassals holding smaller estates, and therefore more dependent on himself. He summoned the Great Council oftener than his predecessors had done. In this way even the greater barons got the habit of sharing in the government of England as a whole, instead of seeking to split up the country, as France was split up, into different districts, each of which might be governed by one of themselves. It was in consequence of the increasing habit of consulting with the king that the Great Council, after many changes, ultimately grew into the modern Parliament. It was of no less importance that Henry II. strengthened the Curia Regis, which had been established in the reign of Henry I. (see p. 127) to collect the king's revenue, to give him political advice, and to judge as many questions as it could possibly get hold of. It was especially by doing justice that the Curia Regis was likely to acquire strength, and the strength of the Curia Regis was in reality the strength of the king.

5. Scutage.—If Henry was to carry out justice everywhere it would be necessary for him to weaken still further the power of the barons. He reintroduced a plan which had been first adopted by his grandfather, which had the double merit of strengthening the king upon the Continent and of weakening the barons in England. Henry needed an army to defend his Continental possessions against the king of France. The fyrd, or general levy of Englishmen, was not bound to fight except at home, and though the feudal vassals were liable to serve abroad, they could only be made to serve for forty days in the year, which was too short a time for Henry's purposes. He accordingly came to an agreement with his vassals. The owner of every knight's fee was to pay a sum of money known as scutage (shield-money) in lieu of service. Both parties gained by the arrangement. The king got money with which he paid mercenaries abroad, who would fight for him all the year round, and the vassal escaped the onerous duty of fighting in quarrels in which he took no interest. Indirectly the change weakened the feudal vassals, because they had now less opportunity than before of acquiring a military training in actual war.



6. Archbishop Thomas. 1162.—Henry, who meditated great judicial reforms, foresaw that the clergy would be an obstacle in his way. He was eager to establish one law for his whole kingdom, and the clergy, having been exempted by the Conqueror from the jurisdiction of the ordinary law courts in all ecclesiastical matters, had, during the anarchy of Stephen's reign, encroached on the royal authority, and claimed to be responsible, even in criminal cases, only to the ecclesiastical courts, which were unable to inflict the penalty of death, so that a clerk who committed a murder could not be hanged like other murderers. As large numbers of clerks were only in the lower orders, and as many of them had only taken those orders to escape from the hardships of lay life, their morals were often no better than those of their lay neighbours. A vacancy occurring in the Archbishopric of Canterbury, Henry, who wished to make these clerks punishable by his own courts, thought that the arrangement would easily be effected if Thomas, who had hitherto been active as a reformer in his service, were Archbishop as well as Chancellor. It was in vain that Thomas remonstrated. "I warn you," he said to Henry, "that, if such a thing should be, our friendship would soon turn to bitter hate." Henry persisted in spite of the warning, and Thomas became Archbishop.

7. Breach between Henry and Thomas.—The first act of the new Archbishop was to surrender his Chancellorship. He was unable, he said, to serve two masters. It is not difficult to understand his motives. The Church, as the best men of the twelfth century believed, was divinely instituted for the guidance of the world. It was but a short step for the nobler spirits amongst the clergy to hold it necessary that, in order to secure the due performance of such exalted duties, the clergy should be exempted from the so-called justice of laymen, which was often only another name for tyranny, even if the exemption led to the infliction upon wicked clerks of lesser punishments than were meet. In this way the clergy would unconsciously fall into the frame of mind which might lead them to imagine it more to the honour of God that a wicked clerk should be insufficiently punished than that he should be punished by a layman. Of all men Archbishop Thomas was the most likely to fall into this mistake. He was, as Chancellor, prone to magnify his office, and to think more of being the originator of great reforms than of the great reforms themselves. As Archbishop he would also be sure to magnify his office, and to think less, as Anselm would have thought, of reconciling the true interests of the kingdom with the true interests of the Church, than of making the Archbishop's authority the centre of stirring movement, and of raising the Church, of which he was the highest embodiment in England, to a position above the power of the king. All this he would do with a great, if not a complete, sincerity. He would feel that he was himself the greater man because he believed that he was fighting in the cause of God.



8. The Constitutions of Clarendon. 1164.—Between a king eager to assert the rights of the crown and an archbishop eager to assert the rights of the clergy a quarrel could not be long deferred. Thomas's first stand, however, was on behalf of the whole country. At a Great Council at Woodstock he resisted the king's resolution to levy the old tax of Danegeld, and in consequence Danegeld was never levied again. Henry had for some time been displeased because, without consulting him, the Archbishop had seized on lands which he claimed as the property of the see of Canterbury, and had excommunicated one of the king's tenants. Then a clerk who had committed a rape and a murder had been acquitted in an ecclesiastical court. On this, Henry called on the bishops to promise to obey the customs of the realm. Thomas, being told that the king merely wanted a verbal promise to save his dignity, with some reluctance consented. He soon found that he had been tricked. In 1164 Henry summoned a Great Council to meet at Clarendon, and directed some of the oldest of his barons to set down in writing the customs observed by his grandfather. Their report was intended to settle all disputed points between the king and the clergy, and was drawn up under sixteen heads known as the Constitutions of Clarendon. The most important of them declared that beneficed clergy should not leave the realm without the king's leave; that no tenant-in-chief of the king should be excommunicated without the king's knowledge; that no villein should be ordained without his lord's consent; that a criminous clerk should be sent to the ecclesiastical court for trial, and that after he had been there convicted or had pleaded guilty the Church should deprive him and leave him to the lay court for further punishment. It was for the Curia Regis to determine what matters were properly to be decided by the ecclesiastical courts; and no appeal to Rome was to be allowed without its permission. To all this Thomas was violently opposed, maintaining that the sentence of deprivation, which was all that an ecclesiastical court was empowered to inflict, was so terrible, that one who had incurred it ought not to be sentenced to any further penalty by a lay court. After six days' struggle he left the Council, refusing to assent to the Constitutions.

9. The Persecution of Archbishop Thomas. 1164.—Unluckily for himself, Henry could not be content firmly and quietly to enforce the law as it had been declared at Clarendon. He had in his character much of the orderly spirit of his grandfather, Henry I., but he had also something of the violence of his great-uncle, William II. A certain John the Marshal had a suit against the archbishop, and when the archbishop refused to plead in a lay court, the king's council sentenced him to a fine of 500l. Then Henry summoned the archbishop to his castle at Northampton to give an account of all the money which, when he was Chancellor, he had received from the king—a claim which is said to have amounted to 30,000l., a sum equal in the money of these days to not much less than 400,000l. now. Thomas, with the crucifix in his hand, awaited in the hall the decision of Henry, who with the council was discussing his fate in an upper chamber. When the Justiciar came out to tell him that he had been declared a traitor he refused to listen, and placed himself under the Pope's protection. Hot words were bandied on either side as he walked out of the hall. "This is a fearful day," said one of his attendants. "The Day of Judgment," replied Thomas, "will be more fearful." Thomas made his way to the coast and fled to France. Henry in his wrath banished no less than four hundred of the archbishop's kinsmen and friends. Thomas found less help in France than he had expected. There were once more two rival Popes—Alexander III., who was acknowledged by the greater part of the clergy and by the kings of England and France, and Calixtus III., who had been set up by the Emperor Frederick Barbarossa. Alexander was too much afraid lest Henry should take the part of Calixtus to be very eager in supporting Thomas. He therefore did his best to effect a reconciliation between Henry and Thomas, but for some years his efforts were of no avail.



10. The Assize of Clarendon. 1166.—Henry, being temporarily disembarrassed of Thomas's rivalry, was able to devote his time to carrying out still further the judicial organisation of the country. In 1166 he held a Great Council at Clarendon, and with its approval issued a set of decrees known as the Assize of Clarendon. By this assize full force was given to a change which had for some time been growing in the judicial system. The old English way of dealing with criminals had been by calling on an accused person to swear to his own innocence and to bring compurgators to swear that his oath was true. If the accused failed to find compurgators he was sent to the ordeal. According to the new way there was to be in each county juries consisting of twelve men of the hundred and of four from each township in it to present offences—felonies, murders, and robberies—and to accuse persons on common report. They were sworn to speak the truth, so that their charges were known as verdicts (vere dicta). No compurgators were allowed, but the accused, after his offence had been presented, had to go to the ordeal, and even if he succeeded in this he was, if his character was notoriously bad, to abjure the realm—that is to say, to be banished, swearing never to return. If he came back he was held to be an outlaw, and might be put to death without mercy by any one.

11. Recognitions.—A very similar system to that which was thus adopted in criminal cases had already in the early part of Henry's reign been widely extended in civil cases. When, before the Conquest, disputes occurred amongst the English as to the possession of property, each party swore to the justice of his own case, brought compurgators, and summoned witnesses to declare in his favour. There was, however, no method of cross-examination, and if the hundred or shire court was still unsatisfied, it had recourse to the ordeal. The Normans introduced the system of trial by battle, under the belief that God would intervene to give victory to the litigant whose cause was just. This latter system, however, had never been popular with the English, and Henry favoured another which had been in existence in Normandy before the Conquest, and was fairly suited to English habits. This was the system of recognitions. Any freeholder who had been dispossessed of his land might apply to the Curia Regis, and the Curia Regis ordered the sheriff of the county in which was the land in dispute to select four knights of that county, by whom twelve knights were chosen to serve as Recognitors. It was the business of these Recognitors to find out either by their own knowledge or by private inquiry the truth of the matter. If they were unanimous their verdict was accepted as final. If not, other knights were added to them, and when at last twelve were found agreeing, their agreement was held to settle the question.

12. The Germ of the Jury.—Thus, whilst in criminal cases the local knowledge of sworn accusers was treated as satisfactory evidence of guilt, in civil cases a system was growing up in which is to be traced the germ of the modern jury. The Recognitors did not indeed hear evidence in public or become judges of the fact, like the modern jury; they were rather sworn witnesses, allowed to form an opinion not merely, like modern witnesses, on what they had actually seen or heard, but also on what they could gather by private inquiry.

13. The Itinerant Justices Revived.—To carry out this system Henry renewed his grandfather's experiment of sending members of the Curia Regis as itinerant justices visiting the counties. They held what were called the pleas of the crown—that is to say, trials which were brought before the king's judges instead of being tried either in the county courts or the manorial courts. Both these judges and the king had every interest in getting as much business before their courts as possible. Offenders were fined and suitors had to pay fees, and the best chance of increasing these profits was to attract suitors by administering justice better than the local courts. The more thronged were the king's courts, the more rich and powerful he became. The consequent growth of the influence of the itinerant justices was no doubt offensive to the lords of the manor, and especially to the greater landowners, as diminishing their importance, and calling them to account whenever they attempted to encroach on their less powerful neighbours.

14. The Inquisition of the Sheriffs. 1170.—It was not long before Henry discovered another way of diminishing the power of the barons. In the early part of his reign the sheriffs of the counties were still selected from the great landowners, and the sheriff was not merely the collector of the king's revenue in his county, but had, since the Conquest, assumed a new importance in the county court, over which in the older times the ealdorman or earl and the bishop had presided. Since the Conquest the bishop, having a court of his own for ecclesiastical matters, had ceased to take part in its proceedings, and the earl's authority, which had been much lessened after the Conquest, had now disappeared. The sheriff, therefore, was left alone at the head of the county court, and when the new system of trial grew up he as well as the itinerant justices was allowed to receive the presentments of juries. When, in the spring of 1170, the king returned to England after an absence of four years, he held a strict inquiry into the conduct of them all, and deposed twenty of them. In many cases, no doubt, the sheriffs had done things to displease Henry, but there can be no doubt that the blow thus struck at the sheriffs was, in the main, aimed at the great nobility. The successors of those turned out were of lower rank, and therefore more submissive. From this time it was accepted by the kings of England as a principle of government that no great noble should serve as sheriff.

15. The Nobles and the Church.—Henry knew well that the great nobles were indignant, and that it was possible that they might rise against him, as at one time or another they had risen against every king since the Conquest. He knew too that his predecessors had found their strongest support against the nobles in the Church, and that the Church was no longer unanimously on his side. He could indeed count upon all the bishops save one. Bishops who were or had been his officials, bishops envious of Thomas or afraid of himself, were all at his disposal, but they brought him no popular strength. Thomas alone amongst them had a hold on the imagination of the people through his austerities and his daring. Moreover, as the champion of the clergy, he was regarded as being also the champion of the people, from whose ranks the clergy were recruited.

16. The Coronation of Young Henry. 1170.—At the moment of Henry's return to England he had special need of the Church. He wished the kingdom of England to pass at his death to his eldest son, Henry, and since the Conquest no eldest son had ever succeeded his father on the throne. He therefore determined to adopt a plan which had succeeded with the kings of France, of having the young Henry chosen and crowned in his own lifetime, so that when he died he might be ready to step into his father's place. Young Henry was chosen, and on June 14, 1170, he was crowned by Roger, Archbishop of York; but on the day before the coronation Roger received from Thomas a notice of his excommunication of all bishops taking part in the ceremony, on the ground that it belonged only to an Archbishop of Canterbury to crown a king, and this excommunication had been ratified by the Pope. It was therefore possible that the whole ceremony might go for nothing.

17. The Return of Archbishop Thomas. 1170.—To obviate this danger Henry again sought to make peace with Thomas. An agreement was come to on the vague terms that the past should be forgotten on both sides. Henry perhaps hoped that when Thomas was once again in England he would be too wise to rake up the question of his claim to crown the king. If it was so he was soon disappointed. On December 1, 1170, Thomas landed at Sandwich and rode to Canterbury amidst the shouts of the people. He refused to release from excommunication the bishops who had taken part in young Henry's coronation unless they would first give him satisfaction for the wrong done to the see of Canterbury, thus showing that he had forgotten nothing.



18. Murder of Archbishop Thomas. 1170.—The aggrieved bishops at once crossed the sea to lay their complaint before Henry. "What a parcel of fools and dastards," cried Henry impatiently, "have I nourished in my house, that none of them can be found to avenge me on one upstart clerk!" Four of his knights took him at his word, and started in all haste for Canterbury. The Archbishop before their arrival had given fresh offence in a cause more righteous than that of his quarrel with the bishops. Ranulf de Broc and others who had had the custody of his lands in his absence refused to surrender them, robbed him of his goods, and maltreated his followers. On Christmas Day he excommunicated them and repeated the excommunication of the bishops. On December 29 the four knights sought him out. They do not seem at first to have intended to do him bodily harm. The excommunication of the king's servants before the king had been consulted was a breach of the Constitutions of Clarendon, and they bade him, in the king's name, to leave the kingdom. After a hot altercation the knights retired to arm themselves. The archbishop was persuaded by his followers to take refuge in the church. In rushed the knights crying, "Where is the traitor? Where is the archbishop?" "Behold me," replied Thomas, "no traitor, but a priest of God." The assailants strove to lay hands upon him. He struggled and cast forth angry words upon them. In the madness of their wrath they struck him to the ground and slew him as he lay.

19. Popular Indignation. 1171.—Archbishop Thomas did not die as a martyr for any high or sacred cause. He was not a martyr for the faith, like those who had been thrown to the lions by the Roman emperors. He was not a martyr for righteousness, like Archbishop AElfheah. He was a martyr for the privileges of his order and of his see. Yet if he sank below the level of the great martyrs, he did not sink to that lowest stage at which men cry out for the preservation of their own privileges, after those privileges have ceased to benefit any but themselves. The sympathy of the mass of the population shows the persistence of a widespread belief that in maintaining the privileges of the clergy Thomas was maintaining the rights of the protectors of the poor. This sentiment was only strengthened by his murder. All through Europe the news was received with a burst of indignation. Of that indignation the Pope made himself the mouthpiece. In the summer of 1171 two Papal legates appeared in Normandy to excommunicate Henry unless he was able to convince them that he was guiltless of the murder. Henry was too cautious to abide their coming. He crossed first to England and then to Ireland, resolved to have something to offer the Pope which might put him in a better humour.

20. State of Ireland.—In the domain of art, Ireland was inferior to no European nation. In metal-work, in sculpture, and in the skilful illumination of manuscripts it surpassed them all. It had no mean school of music and song. In political development it lagged far behind. Ireland was still in the tribal stage, and had never been welded into unity by foreign conquerors, as Gaul had been welded into unity by the Romans, and as England had been welded into unity by the Normans. Tribe warred with tribe and chief with chief. The efforts of chiefs to attain supremacy over the whole island had always ended in partial or complete failure. The Danes had made settlements in Dublin, Wexford, Waterford, Cork, and Limerick, but though the native Celtic population was not strong enough to expel them, neither were they strong enough to conquer the Celts. The Church was as disorganised as the State, and there was little discipline exercised outside the monasteries. For some time the Popes and the Archbishops of Canterbury had been anxious to establish a better regulated Church system, and in 1154 Adrian IV.—the only Englishman who was ever Pope—hoping that Henry would bring the Irish Church under Papal order, had made him a present of Ireland, on the ground that all islands belonged to the Pope.

21. Partial Conquest of Ireland. 1166—1172.—Henry, however, had too much to do during the earlier years of his reign to think of conquering Ireland. In 1166 Dermot, king or chief of Leinster, having been driven out of his dominions, appealed to Henry for aid. Henry gave him leave to carry over to Ireland any English knights whom he could persuade to help him. On this a number of knights from South Wales, of whom the most important was Richard de Clare, afterwards known as Strongbow, flocked across the Irish Sea (1169—1170). They fought and conquered, and Strongbow, who married Dermot's daughter, gave himself the title of Earl of Leinster. The rule of these knights was a rule of cruelty and violence, and, what was more, it might well become dangerous to Henry himself. If feudal nobles established themselves in Ireland, they might soon be holding out a hand to help the feudal nobles who were Henry's worst enemies in England. When Henry landed in Ireland in 1171 he set himself to restore order. The Irish welcomed him because he alone could bridle the invaders, and the invaders submitted to him because they dared not resist him. He gathered a synod of the clergy at Cashel, and arranged for the future discipline of the Church. Unhappily he could not remain long in Ireland, and when he left it the old anarchy and violence blazed up again. Though Henry had not served Ireland, he had gained his own personal ends. He had frightened Strongbow and his followers, and had shown the Pope, by his proceedings at Cashel, that his friendship was worth having.



22. Young Henry's Coronation and the Revolt of the Barons. 1172—1174.—In the spring of 1172 Henry was back in Normandy. The English barons were longing to take advantage of his quarrel with the Church, and his only chance of resisting them was to propitiate the Church. He met the Papal legates at Avranches, swore that he was innocent of the death of Thomas, and renounced the Constitutions of Clarendon. He then proceeded to pacify Louis VII., whose daughter was married to the younger Henry, by having the boy recrowned in due form. Young Henry was a foolish lad, and took it into his head that because he had been crowned his father's reign was at an end. In 1173 he fled for support to his father-in-law and persuaded him to take up his cause. "Your master," said Louis to the ambassadors of the father, "is king no longer. Here stands the king of the English." These words were the signal for a general attack on the elder king. Headed by Louis, his neighbours and discontented subjects took arms against him, and it was not till September that he prevailed over them. In July the great English barons of the north and centre rose in insurrection, and William the Lion, king of the Scots, joined them. De Lucy, the Justiciar, stood up for Henry; but, though he gained ground, the war was still raging in the following year, 1174. In the spring of that year the rebels were gaining the upper hand, and the younger Henry was preparing to come to their help. In July the elder Henry landed in England. For the first and only time in his life he brought to England the mercenaries who were paid with the scutage money. At Canterbury he visited the tomb of Thomas, now acknowledged as a martyr, spent the whole night in prayer and tears, and on the next morning was, at his own request, scourged by the monks as a token of his penitence. That night he was awakened by a messenger with good news. Ranulf de Glanvile had won for him a great victory at Alnwick, had dispersed the barons' host, and had taken prisoner the Scottish king. About the same time the fleet which was to bring his son over was dispersed by a storm. Within a few weeks the whole rebellion was at an end. It was the last time that the barons ventured to strive with the king till the time came when they had the people and the Church on their side. William the Lion was carried to Normandy, where, by the treaty of Falaise, he acknowledged himself the vassal of the king of England for the whole of Scotland.



23. The Assize of Arms. 1181.—In September 1174 there was a general peace. In 1181 Henry issued the Assize of Arms, organising the old fyrd in a more serviceable way. Every English freeman was bound by it to find arms of a kind suitable to his property, that he might be ready to defend the realm against rebels or invaders. The Assize of Arms is the strongest possible evidence as to the real nature of Henry's government. He had long ago sent back to the Continent the mercenaries whom he had brought with him in the peril of 1174, and he now entrusted himself not to a paid standing army, but to the whole body of English freemen. He was, in truth, king of the English not merely because he ruled over them, but because they were ready to rally round him in arms against those barons whose ancestors had worked such evil in the days of Stephen. England was not to be given over either to baronial anarchy or to military despotism.

24. Henry II. and his Sons.—In England Henry ruled as a national king over a nation which, at least, preferred his government to that of the barons. The old division between English and Norman was dying out, and though the upper classes, for the most part, still spoke French, intermarriages had been so frequent that there were few amongst them who had not some English ancestress and who did not understand the English language. Henry was even strong enough to regain much that he had surrendered when he abandoned the Constitutions of Clarendon. In his Continental possessions there was no such unity. The inhabitants of each province were tenacious of their own laws and customs, and this was especially the case with the men of Aquitaine, the country south of the Loire, who differed in habits, and even in language, from the Frenchmen of Normandy and Anjou. They therefore found it difficult to give a share of the allegiance which they owed to their own duchess, Eleanor, to her Angevin husband, the king of England. Henry in 1172 having appointed his eldest son, Henry, as the future ruler of Normandy and Anjou as well as of England, thought it wise to recognise this feeling by giving to his second son, Richard, the immediate possession of Eleanor's duchy of Aquitaine. In 1181 he provided for his third son, Geoffrey, by a marriage with Constance, the heiress of Brittany, over which country he claimed a feudal superiority as Duke of the Normans. Yet, though he gave away so much to his sons, he wished to keep the actual control over them all. The arrangement did not turn out well. He had set no good example of domestic peace. His sons knew that he had married their mother for the sake of her lands, that he had subsequently thrown her into prison and had been faithless to her with a succession of mistresses. Besides this, they were torn away from him by the influence of the men whom they were set to rule. Richard was dragged away from his father by the interests and feelings of the men of Aquitaine, Geoffrey by the interests and feelings of the men of Brittany. John, the fourth son, who was named Lackland from having no territory assigned to him, was, as yet, too young to be troublesome.[12] Both Richard and Geoffrey had taken part with their brother Henry in the great revolt of 1173. In 1177 they were again quarrelling with their father and with each other. "Dost thou not know," was the message which Geoffrey sent to his father, "that it is our proper nature, planted in us by inheritance from our ancestors, that none of us should love the other, but that ever brother should strive with brother and son against father? I would not that thou shouldst deprive us of our hereditary right nor vainly seek to rob us of our nature." Henry loved his children, and could never bring himself to make war very seriously against them. Henry died young in 1183, and Geoffrey in 1185. Richard was now the heir of all his father's lands, from the Tweed to the Pyrenees. Henry made an effort to provide for John in Ireland, and in 1185 he sent the youth—now eighteen years old—to Dublin to rule as king of Ireland. John soon showed his incompetence. He was rude to the English barons, and still ruder to the Irish chiefs, amusing himself by laughing at their dress and pulling the hairs out of their beards. Before the end of the year his father was obliged to recall him.