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William the Conqueror
by E. A. Freeman
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The movement evidently stirred several shires; but it is only of Exeter that we hear any details. William never used force till he had tried negotiation. He sent messengers demanding that the citizens should take oaths to him and receive him within their walls. The choice lay now between unconditional submission and valiant resistance. But the chief men of the city chose a middle course which could gain nothing. They answered as an Italian city might have answered a Swabian Emperor. They would not receive the King within their walls; they would take no oaths to him; but they would pay him the tribute which they had paid to earlier kings. That is, they would not have him as king, but only as overlord over a commonwealth otherwise independent. William's answer was short; "It is not my custom to take subjects on those conditions." He set out on his march; his policy was to overcome the rebellious English by the arms of the loyal English. He called out the fyrd, the militia, of all or some of the shires under his obedience. They answered his call; to disobey it would have needed greater courage than to wield the axe on Senlac. This use of English troops became William's custom in all his later wars, in England and on the mainland; but of course he did not trust to English troops only. The plan of the campaign was that which had won Le Mans and London. The towns of Dorset were frightfully harried on the march to the capital of the West. Disunion at once broke out; the leading men in Exeter sent to offer unconditional submission and to give hostages. But the commonalty disowned the agreement; notwithstanding the blinding of one of the hostages before the walls, they defended the city valiantly for eighteen days. It was only when the walls began to crumble away beneath William's mining- engines that the men of Exeter at last submitted to his mercy. And William's mercy could be trusted. No man was harmed in life, limb, or goods. But, to hinder further revolts, a castle was at once begun, and the payments made by the city to the King were largely raised.

Gytha, when the city yielded, withdrew to the Steep Holm, and thence to Flanders. Her grandsons fled to Ireland; from thence, in the course of the same year and the next, they twice landed in Somerset and Devonshire. The Irish Danes who followed them could not be kept back from plunder. Englishmen as well as Normans withstood them, and the hopes of the House of Godwine came to an end.

On the conquest of Exeter followed the submission of the whole West. All the land south of the Thames was now in William's obedience. Gloucestershire seems to have submitted at the same time; the submission of Worcestershire is without date. A vast confiscation of lands followed, most likely by slow degrees. Its most memorable feature is that nearly all Cornwall was granted to William's brother Robert Count of Mortain. His vast estate grew into the famous Cornish earldom and duchy of later times. Southern England was now conquered, and, as the North had not stirred during the stirring of the West, the whole land was outwardly at peace. William now deemed it safe to bring his wife to share his new greatness. The Duchess Matilda came over to England, and was hallowed to Queen at Westminster by Archbishop Ealdred. We may believe that no part of his success gave William truer pleasure. But the presence of the Lady was important in another way. It was doubtless by design that she gave birth on English soil to her youngest son, afterwards the renowned King Henry the First. He alone of William's children was in any sense an Englishman. Born on English ground, son of a crowned King and his Lady, Englishmen looked on him as a countryman. And his father saw the wisdom of encouraging such a feeling. Henry, surnamed in after days the Clerk, was brought up with special care; he was trained in many branches of learning unusual among the princes of his age, among them in a thorough knowledge of the tongue of his native land.

The campaign of Exeter is of all William's English campaigns the richest in political teaching. We see how near the cities of England came for a moment—as we shall presently see a chief city of northern Gaul—to running the same course as the cities of Italy and Provence. Signs of the same tendency may sometimes be suspected elsewhere, but they are not so clearly revealed. William's later campaigns are of the deepest importance in English history; they are far richer in recorded personal actors than the siege of Exeter; but they hardly throw so much light on the character of William and his statesmanship. William is throughout ever ready, but never hasty—always willing to wait when waiting seems the best policy—always ready to accept a nominal success when there is a chance of turning it into a real one, but never accepting nominal success as a cover for defeat, never losing an inch of ground without at once taking measures to recover it. By this means, he has in the former part of 1068 extended his dominion to the Land's End; before the end of the year he extends it to the Tees. In the next year he has indeed to win it back again; but he does win it back and more also. Early in 1070 he was at last, in deed as well as in name, full King over all England.

The North was making ready for war while the war in the West went on, but one part of England did nothing to help the other. In the summer the movement in the North took shape. The nominal earls Edwin, Morkere, and Gospatric, with the AEtheling Edgar and others, left William's court to put themselves at the head of the movement. Edwin was specially aggrieved, because the king had promised him one of his daughters in marriage, but had delayed giving her to him. The English formed alliances with the dependent princes of Wales and Scotland, and stood ready to withstand any attack. William set forth; as he had taken Exeter, he took Warwick, perhaps Leicester. This was enough for Edwin and Morkere. They submitted, and were again received to favour. More valiant spirits withdrew northward, ready to defend Durham as the last shelter of independence, while Edgar and Gospatric fled to the court of Malcolm of Scotland. William went on, receiving the submission of Nottingham and York; thence he turned southward, receiving on his way the submission of Lincoln, Cambridge, and Huntingdon. Again he deemed it his policy to establish his power in the lands which he had already won rather than to jeopard matters by at once pressing farther. In the conquered towns he built castles, and he placed permanent garrisons in each district by granting estates to his Norman and other followers. Different towns and districts suffered in different degrees, according doubtless to the measure of resistance met with in each. Lincoln and Lincolnshire were on the whole favourably treated. An unusual number of Englishmen kept lands and offices in city and shire. At Leicester and Northampton, and in their shires, the wide confiscations and great destruction of houses point to a stout resistance. And though Durham was still untouched, and though William had assuredly no present purpose of attacking Scotland, he found it expedient to receive with all favour a nominal submission brought from the King of Scots by the hands of the Bishop of Durham.

If William's policy ever seems less prudent than usual, it was at the beginning of the next year, 1069. The extreme North still stood out. William had twice commissioned English earls of Northumberland to take possession if they could. He now risked the dangerous step of sending a stranger. Robert of Comines was appointed to the earldom forfeited by the flight of Gospatric. While it was still winter, he went with his force to Durham. By help of the Bishop, he was admitted into the city, but he and his whole force were cut off by the people of Durham and its neighbourhood. Robert's expedition in short led only to a revolt of York, where Edgar was received and siege was laid to the castle. William marched in person with all speed; he relieved the castle; he recovered the city and strengthened it by a second castle on the other side of the river. Still he thought it prudent to take no present steps against Durham. Soon after this came the second attempt of Harold's sons in the West.

Later in this year William's final warfare for the kingdom began. In August, 1069 the long-promised help from Denmark came. Swegen sent his brother Osbeorn and his sons Harold and Cnut, at the head of the whole strength of Denmark and of other Northern lands. If the two enterprises of Harold's sons had been planned in concert with their Danish kinsmen, the invaders or deliverers from opposite sides had failed to act together. Nor are Swegen's own objects quite clear. He sought to deliver England from William and his Normans, but it is not so plain in whose interest he acted. He would naturally seek the English crown for himself or for one of his sons; the sons of Harold he would rather make earls than kings. But he could feel no interest in the kingship of Edgar. Yet, when the Danish fleet entered the Humber, and the whole force of the North came to meet it, the English host had the heir of Cerdic at its head. It is now that Waltheof the son of Siward, Earl of Northampton and Huntingdon, first stands out as a leading actor. Gospatric too was there; but this time not Edwin and Morkere. Danes and English joined and marched upon York; the city was occupied; the castles were taken; the Norman commanders were made prisoners, but not till they had set fire to the city and burned the greater part of it, along with the metropolitan minster. It is amazing to read that, after breaking down the castles, the English host dispersed, and the Danish fleet withdrew into the Humber.

England was again ruined by lack of concert. The news of the coming of the Danes led only to isolated movements which were put down piecemeal. The men of Somerset and Dorset and the men of Devonshire and Cornwall were put down separately, and the movement in Somerset was largely put down by English troops. The citizens of Exeter, as well as the Norman garrison of the castle, stood a siege on behalf of William. A rising on the Welsh border under Eadric led only to the burning of Shrewsbury; a rising in Staffordshire was held by William to call for his own presence. But he first marched into Lindesey, and drove the crews of the Danish ships across into Holderness; there he left two Norman leaders, one of them his brother Robert of Mortain and Cornwall; he then went westward and subdued Staffordshire, and marched towards York by way of Nottingham. A constrained delay by the Aire gave him an opportunity for negotiation with the Danish leaders. Osbeorn took bribes to forsake the English cause, and William reached and entered York without resistance. He restored the castles and kept his Christmas in the half-burned city. And now William forsook his usual policy of clemency. The Northern shires had been too hard to win. To weaken them, he decreed a merciless harrying of the whole land, the direct effects of which were seen for many years, and which left its mark on English history for ages. Till the growth of modern industry reversed the relative position of Northern and Southern England, the old Northumbrian kingdom never fully recovered from the blow dealt by William, and remained the most backward part of the land. Herein comes one of the most remarkable results of William's coming. His greatest work was to make England a kingdom which no man henceforth thought of dividing. But the circumstances of his conquest of Northern England ruled that for several centuries the unity of England should take the form of a distinct preponderance of Southern England over Northern. William's reign strengthened every tendency that way, chiefly by the fearful blow now dealt to the physical strength and well-being of the Northern shires. From one side indeed the Norman Conquest was truly a Saxon conquest. The King of London and Winchester became more fully than ever king over the whole land.

The Conqueror had now only to gather in what was still left to conquer. But, as military exploits, none are more memorable than the winter marches which put William into full possession of England. The lands beyond Tees still held out; in January 1070 he set forth to subdue them. The Earls Waltheof and Gospatric made their submission, Waltheof in person, Gospatric by proxy. William restored both of them to their earldoms, and received Waltheof to his highest favour, giving him his niece Judith in marriage. But he systematically wasted the land, as he had wasted Yorkshire. He then returned to York, and thence set forth to subdue the last city and shire that held out. A fearful march led him to the one remaining fragment of free England, the unconquered land of Chester. We know not how Chester fell; but the land was not won without fighting, and a frightful harrying was the punishment. In all this we see a distinct stage of moral downfall in the character of the Conqueror. Yet it is thoroughly characteristic. All is calm, deliberate, politic. William will have no more revolts, and he will at any cost make the land incapable of revolt. Yet, as ever, there is no blood shed save in battle. If men died of hunger, that was not William's doing; nay, charitable people like Abbot AEthelwig of Evesham might do what they could to help the sufferers. But the lawful king, kept so long out of his kingdom, would, at whatever price, be king over the whole land. And the great harrying of the northern shires was the price paid for William's kingship over them.

At Chester the work was ended which had begun at Pevensey. Less than three years and a half, with intervals of peace, had made the Norman invader king over all England. He had won the kingdom; he had now to keep it. He had for seventeen years to deal with revolts on both sides of the sea, with revolts both of Englishmen and of his own followers. But in England his power was never shaken; in England he never knew defeat. His English enemies he had subdued; the Danes were allowed to remain and in some sort to help in his work by plundering during the winter. The King now marched to the Salisbury of that day, the deeply fenced hill of Old Sarum. The men who had conquered England were reviewed in the great plain, and received their rewards. Some among them had by failures of duty during the winter marches lost their right to reward. Their punishment was to remain under arms forty days longer than their comrades. William could trust himself to the very mutineers whom he had picked out for punishment. He had now to begin his real reign; and the champion of the Church had before all things to reform the evil customs of the benighted islanders, and to give them shepherds of their souls who might guide them in the right way,



CHAPTER IX—THE SETTLEMENT OF ENGLAND—1070-1086



England was now fully conquered, and William could for a moment sit down quietly to the rule of the kingdom that he had won. The time that immediately followed is spoken of as a time of comparative quiet, and of less oppression than the times either before or after. Before and after, warfare, on one side of the sea or the other, was the main business. Hitherto William has been winning his kingdom in arms. Afterwards he was more constantly called away to his foreign dominions, and his absence always led to greater oppression in England. Just now he had a moment of repose, when he could give his mind to the affairs of Church and State in England. Peace indeed was not quite unbroken. Events were tending to that famous revolt in the Fenland which is perhaps the best remembered part of William's reign. But even this movement was merely local, and did not seriously interfere with William's government. He was now striving to settle the land in peace, and to make his rule as little grievous to the conquered as might be. The harrying of Northumberland showed that he now shrank from no harshness that would serve his ends; but from mere purposeless oppression he was still free. Nor was he ever inclined to needless change or to that scorn of the conquered which meaner conquerors have often shown. He clearly wished both to change and to oppress as little as he could. This is a side of him which has been greatly misunderstood, largely through the book that passes for the History of Ingulf Abbot of Crowland. Ingulf was William's English secretary; a real history of his writing would be most precious. But the book that goes by his name is a forgery not older than the fourteenth century, and is in all points contradicted by the genuine documents of the time. Thus the forger makes William try to abolish the English language and order the use of French in legal writings. This is pure fiction. The truth is that, from the time of William's coming, English goes out of use in legal writings, but only gradually, and not in favour of French. Ever since the coming of Augustine, English and Latin had been alternative tongues; after the coming of William English becomes less usual, and in the course of the twelfth century it goes out of use in favour of Latin. There are no French documents till the thirteenth century, and in that century English begins again. Instead of abolishing the English tongue, William took care that his English-born son should learn it, and he even began to learn it himself. A king of those days held it for his duty to hear and redress his subjects' complaints; he had to go through the land and see for himself that those who acted in his name did right among his people. This earlier kings had done; this William wished to do; but he found his ignorance of English a hindrance. Cares of other kinds checked his English studies, but he may have learned enough to understand the meaning of his own English charters. Nor did William try, as he is often imagined to have done, to root out the ancient institutions of England, and to set up in their stead either the existing institutions of Normandy or some new institutions of his own devising. The truth is that with William began a gradual change in the laws and customs of England, undoubtedly great, but far less than is commonly thought. French names have often supplanted English, and have made the amount of change seem greater than it really was. Still much change did follow on the Norman Conquest, and the Norman Conquest was so completely William's own act that all that came of it was in some sort his act also. But these changes were mainly the gradual results of the state of things which followed William's coming; they were but very slightly the results of any formal acts of his. With a foreign king and foreigners in all high places, much practical change could not fail to follow, even where the letter of the law was unchanged. Still the practical change was less than if the letter of the law had been changed as well. English law was administered by foreign judges; the foreign grantees of William held English land according to English law. The Norman had no special position as a Norman; in every rank except perhaps the very highest and the very lowest, he had Englishmen to his fellows. All this helped to give the Norman Conquest of England its peculiar character, to give it an air of having swept away everything English, while its real work was to turn strangers into Englishmen. And that character was impressed on William's work by William himself. The king claiming by legal right, but driven to assert his right by the sword, was unlike both the foreign king who comes in by peaceful succession and the foreign king who comes in without even the pretext of law. The Normans too, if born soldiers, were also born lawyers, and no man was more deeply impressed with the legal spirit than William himself. He loved neither to change the law nor to transgress the law, and he had little need to do either. He knew how to make the law his instrument, and, without either changing or transgressing it, to use it to make himself all-powerful. He thoroughly enjoyed that system of legal fictions and official euphemisms which marks his reign. William himself became in some sort an Englishman, and those to whom he granted English lands had in some sort to become Englishmen in order to hold them. The Norman stepped into the exact place of the Englishman whose land he held; he took his rights and his burthens, and disputes about those rights and burthens were judged according to English law by the witness of Englishmen. Reigning over two races in one land, William would be lord of both alike, able to use either against the other in case of need. He would make the most of everything in the feelings and customs of either that tended to strengthen his own hands. And, in the state of things in which men then found themselves, whatever strengthened William's hands strengthened law and order in his kingdom.

There was therefore nothing to lead William to make any large changes in the letter of the English law. The powers of a King of the English, wielded as he knew how to wield them, made him as great as he could wish to be. Once granting the original wrong of his coming at all and bringing a host of strangers with him, there is singularly little to blame in the acts of the Conqueror. Of bloodshed, of wanton interference with law and usage, there is wonderfully little. Englishmen and Normans were held to have settled down in peace under the equal protection of King William. The two races were drawing together; the process was beginning which, a hundred years later, made it impossible, in any rank but the highest and the lowest, to distinguish Norman from Englishman. Among the smaller landowners and the townsfolk this intermingling had already begun, while earls and bishops were not yet so exclusively Norman, nor had the free churls of England as yet sunk so low as at a later stage. Still some legislation was needed to settle the relations of the two races. King William proclaimed the "renewal of the law of King Edward." This phrase has often been misunderstood; it is a common form when peace and good order are restored after a period of disturbance. The last reign which is looked back to as to a time of good government becomes the standard of good government, and it is agreed between king and people, between contending races or parties, that things shall be as they were in the days of the model ruler. So we hear in Normandy of the renewal of the law of Rolf, and in England of the renewal of the law of Cnut. So at an earlier time Danes and Englishmen agreed in the renewal of the law of Edgar. So now Normans and Englishmen agreed in the renewal of the law of Edward. There was no code either of Edward's or of William's making. William simply bound himself to rule as Edward had ruled. But in restoring the law of King Edward, he added, "with the additions which I have decreed for the advantage of the people of the English."

These few words are indeed weighty. The little legislation of William's reign takes throughout the shape of additions. Nothing old is repealed; a few new enactments are set up by the side of the old ones. And these words describe, not only William's actual legislation, but the widest general effect of his coming. The Norman Conquest did little towards any direct abolition of the older English laws or institutions. But it set up some new institutions alongside of old ones; and it brought in not a few names, habits, and ways of looking at things, which gradually did their work. In England no man has pulled down; many have added and modified. Our law is still the law of King Edward with the additions of King William. Some old institutions took new names; some new institutions with new names sprang up by the side of old ones. Sometimes the old has lasted, sometimes the new. We still have a king and not a roy; but he gathers round him a parliament and not a vitenagemot. We have a sheriff and not a viscount; but his district is more commonly called a county than a shire. But county and shire are French and English for the same thing, and "parliament" is simply French for the "deep speech" which King William had with his Witan. The National Assembly of England has changed its name and its constitution more than once; but it has never been changed by any sudden revolution, never till later times by any formal enactment. There was no moment when one kind of assembly supplanted another. And this has come because our Conqueror was, both by his disposition and his circumstances, led to act as a preserver and not as a destroyer.

The greatest recorded acts of William, administrative and legislative, come in the last days of his reign. But there are several enactments of William belonging to various periods of his reign, and some of them to this first moment of peace. Here we distinctly see William as an English statesman, as a statesman who knew how to work a radical change under conservative forms. One enactment, perhaps the earliest of all, provided for the safety of the strangers who had come with him to subdue and to settle in the land. The murder of a Norman by an Englishman, especially of a Norman intruder by a dispossessed Englishman, was a thing that doubtless often happened. William therefore provides for the safety of those whom he calls "the men whom I brought with me or who have come after me;" that is, the warriors of Senlac, Exeter, and York. These men are put within his own peace; wrong done to them is wrong done to the King, his crown and dignity. If the murderer cannot be found, the lord and, failing him, the hundred, must make payment to the King. Of this grew the presentment of Englishry, one of the few formal badges of distinction between the conquering and the conquered race. Its practical need could not have lasted beyond a generation or two, but it went on as a form ages after it had lost all meaning. An unknown corpse, unless it could be proved that the dead man was English, was assumed to be that of a man who had come with King William, and the fine was levied. Some other enactments were needed when two nations lived side by side in the same land. As in earlier times, Roman and barbarian each kept his own law, so now for some purposes the Frenchman—"Francigena"—and the Englishman kept their own law. This is chiefly with regard to the modes of appealing to God's judgement in doubtful cases. The English did this by ordeal, the Normans by wager of battle. When a man of one nation appealed a man of the other, the accused chose the mode of trial. If an Englishman appealed a Frenchman and declined to prove his charge either way, the Frenchman might clear himself by oath. But these privileges were strictly confined to Frenchmen who had come with William and after him. Frenchmen who had in Edward's time settled in England as the land of their own choice, reckoned as Englishmen. Other enactments, fresh enactments of older laws, touched both races. The slave trade was rife in its worst form; men were sold out of the land, chiefly to the Danes of Ireland. Earlier kings had denounced the crime, and earlier bishops had preached against it. William denounced it again under the penalty of forfeiture of all lands and goods, and Saint Wulfstan, the Bishop of Worcester, persuaded the chief offenders, Englishmen of Bristol, to give up their darling sin for a season. Yet in the next reign Anselm and his synod had once more to denounce the crime under spiritual penalties, when they had no longer the strong arm of William to enforce them.

Another law bears more than all the personal impress of William. In it he at once, on one side, forestalls the most humane theories of modern times, and on the other sins most directly against them. His remarkable unwillingness to put any man to death, except among the chances of the battle-field, was to some extent the feeling of his age. With him the feeling takes the shape of a formal law. He forbids the infliction of death for any crime whatever. But those who may on this score be disposed to claim the Conqueror as a sympathizer will be shocked at the next enactment. Those crimes which kings less merciful than William would have punished with death are to be punished with loss of eyes or other foul and cruel mutilations. Punishments of this kind now seem more revolting than death, though possibly, now as then, the sufferer himself might think otherwise. But in those days to substitute mutilation for death, in the case of crimes which were held to deserve death, was universally deemed an act of mercy. Grave men shrank from sending their fellow-creatures out of the world, perhaps without time for repentance; but physical sympathy with physical suffering had little place in their minds. In the next century a feeling against bodily mutilation gradually comes in; but as yet the mildest and most thoughtful men, Anselm himself, make no protest against it when it is believed to be really deserved. There is no sign of any general complaint on this score. The English Chronicler applauds the strict police of which mutilation formed a part, and in one case he deliberately holds it to be the fitting punishment of the offence. In fact, when penal settlements were unknown and legal prisons were few and loathsome, there was something to be said for a punishment which disabled the criminal from repeating his offence. In William's jurisprudence mutilation became the ordinary sentence of the murderer, the robber, the ravisher, sometimes also of English revolters against William's power. We must in short balance his mercy against the mercy of Kirk and Jeffreys.

The ground on which the English Chronicler does raise his wail on behalf of his countrymen is the special jurisprudence of the forests and the extortions of money with which he charges the Conqueror. In both these points the royal hand became far heavier under the Norman rule. In both William's character grew darker as he grew older. He is charged with unlawful exactions of money, in his character alike of sovereign and of landlord. We read of his sharp practice in dealing with the profits of the royal demesnes. He would turn out the tenant to whom he had just let the land, if another offered a higher rent. But with regard to taxation, we must remember that William's exactions, however heavy at the time, were a step in the direction of regular government. In those days all taxation was disliked. Direct taking of the subject's money by the King was deemed an extraordinary resource to be justified only by some extraordinary emergency, to buy off the Danes or to hire soldiers against them. Men long after still dreamed that the King could "live of his own," that he could pay all expenses of his court and government out of the rents and services due to him as a landowner, without asking his people for anything in the character of sovereign. Demands of money on behalf of the King now became both heavier and more frequent. And another change which had long been gradually working now came to a head. When, centuries later, the King was bidden to "live of his own," men had forgotten that the land of the King had once been the land of the nation. In all Teutonic communities, great and small, just as in the city communities of Greece and Italy, the community itself was a chief landowner. The nation had its folkland, its ager publicus, the property of no one man but of the whole state. Out of this, by the common consent, portions might be cut off and booked—granted by a written document—to particular men as their own bookland. The King might have his private estate, to be dealt with at his own pleasure, but of the folkland, the land of the nation, he was only the chief administrator, bound to act by the advice of his Witan. But in this case more than in others, the advice of the Witan could not fail to become formal; the folkland, ever growing through confiscations, ever lessening through grants, gradually came to be looked on as the land of the King, to be dealt with as he thought good. We must not look for any change formally enacted; but in Edward's day the notion of folkland, as the possession of the nation and not of the King, could have been only a survival, and in William's day even the survival passed away. The land which was practically the land of King Edward became, as a matter of course, Terra Regis, the land of King William. That land was now enlarged by greater confiscations and lessened by greater grants than ever. For a moment, every lay estate had been part of the land of William. And far more than had been the land of the nation remained the land of the King, to be dealt with as he thought good.

In the tenure of land William seems to have made no formal change. But the circumstances of his reign gave increased strength to certain tendencies which had been long afloat. And out of them, in the next reign, the malignant genius of Randolf Flambard devised a systematic code of oppression. Yet even in his work there is little of formal change. There are no laws of William Rufus. The so called feudal incidents, the claims of marriage, wardship, and the like, on the part of the lord, the ancient heriot developed into the later relief, all these things were in the germ under William, as they had been in the germ long before him. In the hands of Randolf Flambard they stiffen into established custom; their legal acknowledgement comes from the charter of Henry the First which promises to reform their abuses. Thus the Conqueror clearly claimed the right to interfere with the marriages of his nobles, at any rate to forbid a marriage to which he objected on grounds of policy. Under Randolf Flambard this became a regular claim, which of course was made a means of extorting money. Under Henry the claim is regulated and modified, but by being regulated and modified, it is legally established.

The ordinary administration of the kingdom went on under William, greatly modified by the circumstances of his reign, but hardly at all changed in outward form. Like the kings that were before him, he "wore his crown" at the three great feasts, at Easter at Winchester, at Pentecost at Westminster, at Christmas at Gloucester. Like the kings that were before him, he gathered together the great men of the realm, and when need was, the small men also. Nothing seems to have been changed in the constitution or the powers of the assembly; but its spirit must have been utterly changed. The innermost circle, earls, bishops, great officers of state and household, gradually changed from a body of Englishmen with a few strangers among them into a body of strangers among whom two or three Englishmen still kept their places. The result of their "deep speech" with William was not likely to be other than an assent to William's will. The ordinary freeman did not lose his abstract right to come and shout "Yea, yea," to any addition that King William made to the law of King Edward. But there would be nothing to tempt him to come, unless King William thought fit to bid him. But once at least William did gather together, if not every freeman, at least all freeholders of the smallest account. On one point the Conqueror had fully made up his mind; on one point he was to be a benefactor to his kingdom through all succeeding ages. The realm of England was to be one and indivisible. No ruler or subject in the kingdom of England should again dream that that kingdom could be split asunder. When he offered Harold the underkingship of the realm or of some part of it, he did so doubtless only in the full conviction that the offer would be refused. No such offer should be heard of again. There should be no such division as had been between Cnut and Edmund, between Harthacnut and the first Harold, such as Edwin and Morkere had dreamed of in later times. Nor should the kingdom be split asunder in that subtler way which William of all men best understood, the way in which the Frankish kingdoms, East and West, had split asunder. He would have no dukes or earls who might become kings in all but name, each in his own duchy or earldom. No man in his realm should be to him as he was to his overlord at Paris. No man in his realm should plead duty towards an immediate lord as an excuse for breach of duty towards the lord of that immediate lord. Hence William's policy with regard to earldoms. There was to be nothing like the great governments which had been held by Godwine, Leofric, and Siward; an Earl of the West-Saxons or the Northumbrians was too like a Duke of the Normans to be endured by one who was Duke of the Normans himself. The earl, even of the king's appointment, still represented the separate being of the district over which he was set. He was the king's representative rather than merely his officer; if he was a magistrate and not a prince, he often sat in the seat of former princes, and might easily grow into a prince. And at last, at the very end of his reign, as the finishing of his work, he took the final step that made England for ever one. In 1086 every land-owner in England swore to be faithful to King William within and without England and to defend him against his enemies. The subject's duty to the King was to any duty which the vassal might owe to any inferior lord. When the King was the embodiment of national unity and orderly government, this was the greatest of all steps in the direction of both. Never did William or any other man act more distinctly as an English statesman, never did any one act tell more directly towards the later making of England, than this memorable act of the Conqueror. Here indeed is an addition which William made to the law of Edward for the truest good of the English folk. And yet no enactment has ever been more thoroughly misunderstood. Lawyer after lawyer has set down in his book that, at the assembly of Salisbury in 1086, William introduced "the feudal system." If the words "feudal system" have any meaning, the object of the law now made was to hinder any "feudal system" from coming into England. William would be king of a kingdom, head of a commonwealth, personal lord of every man in his realm, not merely, like a King of the French, external lord of princes whose subjects owed him no allegiance. This greatest monument of the Conqueror's statesmanship was carried into effect in a special assembly of the English nation gathered on the first day of August 1086 on the great plain of Salisbury. Now, perhaps for the first time, we get a distinct foreshadowing of Lords and Commons. The Witan, the great men of the realm, and "the landsitting men," the whole body of landowners, are now distinguished. The point is that William required the personal presence of every man whose personal allegiance he thought worth having. Every man in the mixed assembly, mixed indeed in race and speech, the King's own men and the men of other lords, took the oath and became the man of King William. On that day England became for ever a kingdom one and indivisible, which since that day no man has dreamed of parting asunder.

The great assembly of 1086 will come again among the events of William's later reign; it comes here as the last act of that general settlement which began in 1070. That settlement, besides its secular side, has also an ecclesiastical side of a somewhat different character. In both William's coming brought the island kingdom into a closer connexion with the continent; and brought a large displacement of Englishmen and a large promotion of strangers. But on the ecclesiastical side, though the changes were less violent, there was a more marked beginning of a new state of things. The religious missionary was more inclined to innovate than the military conqueror. Here William not only added but changed; on one point he even proclaimed that the existing law of England was bad. Certainly the religious state of England was likely to displease churchmen from the mainland. The English Church, so directly the child of the Roman, was, for that very reason, less dependent on her parent. She was a free colony, not a conquered province. The English Church too was most distinctly national; no land came so near to that ideal state of things in which the Church is the nation on its religious side. Papal authority therefore was weaker in England than elsewhere, and a less careful line was drawn between spiritual and temporal things and jurisdictions. Two friendly powers could take liberties with each other. The national assemblies dealt with ecclesiastical as well as with temporal matters; one indeed among our ancient laws blames any assembly that did otherwise. Bishop and earl sat together in the local Gemot, to deal with many matters which, according to continental ideas, should have been dealt with in separate courts. And, by what in continental eyes seemed a strange laxity of discipline, priests, bishops, members of capitular bodies, were often married. The English diocesan arrangements were unlike continental models. In Gaul, by a tradition of Roman date, the bishop was bishop of the city. His diocese was marked by the extent of the civil jurisdiction of the city. His home, his head church, his bishopstool in the head church, were all in the city. In Teutonic England the bishop was commonly bishop, not of a city but of a tribe or district; his style was that of a tribe; his home, his head church, his bishopstool, might be anywhere within the territory of that tribe. Still, on the greatest point of all, matters in England were thoroughly to William's liking; nowhere did the King stand forth more distinctly as the Supreme Governor of the Church. In England, as in Normandy, the right of the sovereign to the investiture of ecclesiastical benefices was ancient and undisputed. What Edward had freely done, William went on freely doing, and Hildebrand himself never ventured on a word of remonstrance against a power which he deemed so wrongful in the hands of his own sovereign. William had but to stand on the rights of his predecessors. When Gregory asked for homage for the crown which he had in some sort given, William answered indeed as an English king. What the kings before him had done for or paid to the Roman see, that would he do and pay; but this no king before him had ever done, nor would he be the first to do it. But while William thus maintained the rights of his crown, he was willing and eager to do all that seemed needful for ecclesiastical reform. And the general result of his reform was to weaken the insular independence of England, to make her Church more like the other Churches of the West, and to increase the power of the Roman Bishop.

William had now a fellow-worker in his taste. The subtle spirit which had helped to win his kingdom was now at his side to help him to rule it. Within a few months after the taking of Chester Lanfranc sat on the throne of Augustine. As soon as the actual Conquest was over, William began to give his mind to ecclesiastical matters. It might look like sacrilege when he caused all the monasteries of England to be harried. But no harm was done to the monks or to their possessions. The holy houses were searched for the hoards which the rich men of England, fearing the new king, had laid up in the monastic treasuries. William looked on these hoards as part of the forfeited goods of rebels, and carried them off during the Lent of 1070. This done, he sat steadily down to the reform of the English Church.

He had three papal legates to guide him, one of whom, Ermenfrid, Bishop of Sitten, had come in on a like errand in the time of Edward. It was a kind of solemn confirmation of the Conquest, when, at the assembly held at Winchester in 1070, the King's crown was placed on his head by Ermenfrid. The work of deposing English prelates and appointing foreign successors now began. The primacy of York was regularly vacant; Ealdred had died as the Danes sailed up the Humber to assault or to deliver his city. The primacy of Canterbury was to be made vacant by the deposition of Stigand. His canonical position had always been doubtful; neither Harold nor William had been crowned by him; yet William had treated him hitherto with marked courtesy, and he had consecrated at least one Norman bishop, Remigius of Dorchester. He was now deprived both of the archbishopric and of the bishopric of Winchester which he held with it, and was kept under restraint for the rest of his life. According to foreign canonical rules the sentence may pass as just; but it marked a stage in the conquest of England when a stout- hearted Englishman was removed from the highest place in the English Church to make way for the innermost counsellor of the Conqueror. In the Pentecostal assembly, held at Windsor, Lanfranc was appointed archbishop; his excuses were overcome by his old master Herlwin of Bec; he came to England, and on August 15, 1070 he was consecrated to the primacy.

Other deprivations and appointments took place in these assemblies. The see of York was given to Thomas, a canon of Bayeux, a man of high character and memorable in the local history of his see. The abbey of Peterborough was vacant by the death of Brand, who had received the staff from the uncrowned Eadgar. It was only by rich gifts that he had turned away the wrath of William from his house. The Fenland was perhaps already stirring, and the Abbot of Peterborough might have to act as a military commander. In this case the prelate appointed, a Norman named Turold, was accordingly more of a soldier than of a monk. From these assemblies of 1070 the series of William's ecclesiastical changes goes on. As the English bishops die or are deprived, strangers take their place. They are commonly Normans, but Walcher, who became Bishop of Durham in 1071, was one of those natives of Lorraine who had been largely favoured in Edward's day. At the time of William's death Wulfstan was the only Englishman who kept a bishopric. Even his deprivation had once been thought of. The story takes a legendary shape, but it throws an important light on the relations of Church and State in England. In an assembly held in the West Minster Wulfstan is called on by William and Lanfranc to give up his staff. He refuses; he will give it back to him who gave it, and places it on the tomb of his dead master Edward. No of his enemies can move it. The sentence is recalled, and the staff yields to his touch. Edward was not yet a canonized saint; the appeal is simply from the living and foreign king to the dead and native king. This legend, growing up when Western Europe was torn in pieces by the struggle about investitures, proves better than the most authentic documents how the right which Popes denied to Emperors was taken for granted in the case of an English king. But, while the spoils of England, temporal and spiritual, were thus scattered abroad among men of the conquering race, two men at least among them refused all share in plunder which they deemed unrighteous. One gallant Norman knight, Gulbert of Hugleville, followed William through all his campaigns, but when English estates were offered as his reward, he refused to share in unrighteous gains, and went back to the lands of his fathers which he could hold with a good conscience. And one monk, Wimund of Saint-Leutfried, not only refused bishoprics and abbeys, but rebuked the Conqueror for wrong and robbery. And William bore no grudge against his censor, but, when the archbishopric of Rouen became vacant, he offered it to the man who had rebuked him. Among the worthies of England Gulbert and Wimund can hardly claim a place, but a place should surely be theirs among the men whom England honours.

The primacy of Lanfranc is one of the most memorable in our history. In the words of the parable put forth by Anselm in the next reign, the plough of the English Church was for seventeen years drawn by two oxen of equal strength. By ancient English custom the Archbishop of Canterbury was the King's special counsellor, the special representative of his Church and people. Lanfranc cannot be charged with any direct oppression; yet in the hands of a stranger who had his spiritual conquest to make, the tribunitian office of former archbishops was lost in that of chief minister of the sovereign. In the first action of their joint rule, the interest of king and primate was the same. Lanfranc sought for a more distinct acknowledgement of the superiority of Canterbury over the rival metropolis of York. And this fell in with William's schemes for the consolidation of the kingdom. The political motive is avowed. Northumberland, which had been so hard to subdue and which still lay open to Danish invaders or deliverers, was still dangerous. An independent Archbishop of York might consecrate a King of the Northumbrians, native or Danish, who might grow into a King of the English. The Northern metropolitan had unwillingly to admit the superiority, and something more, of the Southern. The caution of William and his ecclesiastical adviser reckoned it among possible chances that even Thomas of Bayeux might crown an invading Cnut or Harold in opposition to his native sovereign and benefactor.

For some of his own purposes, William had perhaps chosen his minister too wisely. The objects of the two colleagues were not always the same. Lanfranc, sprung from Imperialist Pavia, was no zealot for extravagant papal claims. The caution with which he bore himself during the schism which followed the strife between Gregory and Henry brought on him more than one papal censure. Yet the general tendency of his administration was towards the growth of ecclesiastical, and even of papal, claims. William never dreamed of giving up his ecclesiastical supremacy or of exempting churchmen from the ordinary power of the law. But the division of the civil and ecclesiastical jurisdiction, the increased frequency of synods distinct from the general assemblies of the realm—even though the acts of those synods needed the royal assent—were steps towards that exemption of churchmen from the civil power which was asserted in one memorable saying towards the end of William's own reign. William could hold his own against Hildebrand himself; yet the increased intercourse with Rome, the more frequent presence of Roman Legates, all tended to increase the papal claims and the deference yielded to them. William refused homage to Gregory; but it is significant that Gregory asked for it. It was a step towards the day when a King of England was glad to offer it. The increased strictness as to the marriage of the clergy tended the same way. Lanfranc did not at once enforce the full rigour of Hildebrand's decrees. Marriage was forbidden for the future; the capitular clergy had to part from their wives; but the vested interest of the parish priest was respected. In another point William directly helped to undermine his own authority and the independence of his kingdom. He exempted his abbey of the Battle from the authority of the diocesan bishop. With this began a crowd of such exemptions, which, by weakening local authority, strengthened the power of the Roman see. All these things helped on Hildebrand's great scheme which made the clergy everywhere members of one distinct and exclusive body, with the Roman Bishop at their head. Whatever tended to part the clergy from other men tended to weaken the throne of every king. While William reigned with Lanfranc at his side, these things were not felt; but the seed was sown for the controversy between Henry and Thomas and for the humiliation of John.

Even those changes of Lanfranc's primacy which seem of purely ecclesiastical concern all helped, in some way to increase the intercourse between England and the continent or to break down some insular peculiarity. And whatever did this increased the power of Rome. Even the decree of 1075 that bishoprics should be removed to the chief cities of their dioceses helped to make England more like Gaul or Italy. So did the fancy of William's bishops and abbots for rebuilding their churches on a greater scale and in the last devised continental style. All tended to make England less of another world. On the other hand, one insular peculiarity well served the purposes of the new primate. Monastic chapters in episcopal churches were almost unknown out of England. Lanfranc, himself a monk, favoured monks in this matter also. In several churches the secular canons were displaced by monks. The corporate spirit of the regulars, and their dependence on Rome, was far stronger than that of the secular clergy. The secular chapters could be refractory, but the disputes between them and their bishops were mainly of local importance; they form no such part of the general story of ecclesiastical and papal advance as the long tale of the quarrel between the archbishops and the monks of Christ Church.

Lanfranc survived William, and placed the crown on the head of his successor. The friendship between king and archbishop remained unbroken through their joint lives. Lanfranc's acts were William's acts; what the Primate did must have been approved by the King. How far William's acts were Lanfranc's acts it is less easy to say. But the Archbishop was ever a trusted minister, and a trusted counsellor, and in the King's frequent absences from England, he often acted as his lieutenant. We do not find him actually taking a part in warfare, but he duly reports military successes to his sovereign. It was William's combined wisdom and good luck to provide himself with a counsellor than whom for his immediate purposes none could be better. A man either of a higher or a lower moral level than Lanfranc, a saint like Anselm or one of the mere worldly bishops of the time, would not have done his work so well. William needed an ecclesiastical statesman, neither unscrupulous nor over-scrupulous, and he found him in the lawyer of Pavia, the doctor of Avranches, the monk of Bec, the abbot of Saint Stephen's. If Lanfranc sometimes unwittingly outwitted both his master and himself, if his policy served the purposes of Rome more than suited the purposes of either, that is the common course of human affairs. Great men are apt to forget that systems which they can work themselves cannot be worked by smaller men. From this error neither William nor Lanfranc was free. But, from their own point of view, it was their only error. Their work was to subdue England, soul and body; and they subdued it. That work could not be done without great wrong: but no other two men of that day could have done it with so little wrong. The shrinking from needless and violent change which is so strongly characteristic of William, and less strongly of Lanfranc also, made their work at the time easier to be done; in the course of ages it made it easier to be undone.



CHAPTER X—THE REVOLTS AGAINST WILLIAM—1070-1086



The years which saw the settlement of England, though not years of constant fighting like the two years between the march to Exeter and the fall of Chester, were not years of perfect peace. William had to withstand foes on both sides of the sea, to withstand foes in his own household, to undergo his first defeat, to receive his first wound in personal conflict. Nothing shook his firm hold either on duchy or kingdom; but in his later years his good luck forsook him. And men did not fail to connect this change in his future with a change in himself, above all with one deed of blood which stands out as utterly unlike all his other recorded acts.

But the amount of warfare which William had to go through in these later years was small compared with the great struggles of his earlier days. There is no tale to tell like the war of Val-es- dunes, like the French invasions of Normandy, like the campaigns that won England. One event only of the earlier time is repeated almost as exactly as an event can be repeated. William had won Maine once; he had now to win it again, and less thoroughly. As Conqueror his work is done; a single expedition into Wales is the only campaign of this part of his life that led to any increase of territory.

When William sat down to the settlement of his kingdom after the fall of Chester, he was in the strictest sense full king over all England. For the moment the whole land obeyed him; at no later moment did any large part of the land fail to obey him. All opposition was now revolt. Men were no longer keeping out an invader; when they rose, they rose against a power which, however wrongfully, was the established government of the land. Two such movements took place. One was a real revolt of Englishmen against foreign rule. The other was a rebellion of William's own earls in their own interests, in which English feeling went with the King. Both were short sharp struggles which stand out boldly in the tale. More important in the general story, though less striking in detail, are the relations of William to the other powers in and near the isle of Britain. With the crown of the West-Saxon kings, he had taken up their claims to supremacy over the whole island, and probably beyond it. And even without such claims, border warfare with his Welsh and Scottish neighbours could not be avoided. Counting from the completion of the real conquest of England in 1070, there were in William's reign three distinct sources of disturbance. There were revolts within the kingdom of England. There was border warfare in Britain. There were revolts in William's continental dominions. And we may add actual foreign warfare or threats of foreign warfare, affecting William, sometimes in his Norman, sometimes in his English character.

With the affairs of Wales William had little personally to do. In this he is unlike those who came immediately before and after him. In the lives of Harold and of William Rufus personal warfare against the Welsh forms an important part. William the Great commonly left this kind of work to the earls of the frontier, to Hugh of Chester, Roger of Shrewsbury, and to his early friend William of Hereford, so long as that fierce warrior's life lasted. These earls were ever at war with the Welsh princes, and they extended the English kingdom at their cost. Once only did the King take a personal share in the work, when he entered South Wales, in 1081. We hear vaguely of his subduing the land and founding castles; we see more distinctly that he released many subjects who were in British bondage, and that he went on a religious pilgrimage to Saint David's. This last journey is in some accounts connected with schemes for the conquest of Ireland. And in one most remarkable passage of the English Chronicle, the writer for once speculates as to what might have happened but did not. Had William lived two years longer, he would have won Ireland by his wisdom without weapons. And if William had won Ireland either by wisdom or by weapons, he would assuredly have known better how to deal with it than most of those who have come after him. If any man could have joined together the lands which God has put asunder, surely it was he. This mysterious saying must have a reference to some definite act or plan of which we have no other record. And some slight approach to the process of winning Ireland without weapons does appear in the ecclesiastical intercourse between England and Ireland which now begins. Both the native Irish princes and the Danes of the east coast begin to treat Lanfranc as their metropolitan, and to send bishops to him for consecration. The name of the King of the English is never mentioned in the letters which passed between the English primate and the kings and bishops of Ireland. It may be that William was biding his time for some act of special wisdom; but our speculations cannot go any further than those of the Peterborough Chronicler.

Revolt within the kingdom and invasion from without both began in the year in which the Conquest was brought to an end. William's ecclesiastical reforms were interrupted by the revolt of the Fenland. William's authority had never been fully acknowledged in that corner of England, while he wore his crown and held his councils elsewhere. But the place where disturbances began, the abbey of Peterborough, was certainly in William's obedience. The warfare made memorable by the name of Hereward began in June 1070, and a Scottish harrying of Northern England, the second of five which are laid to the charge of Malcolm, took place in the same year, and most likely about the same time. The English movement is connected alike with the course of the Danish fleet and with the appointment of Turold to the abbey of Peterborough. William had bribed the Danish commanders to forsake their English allies, and he allowed them to ravage the coast. A later bribe took them back to Denmark; but not till they had shown themselves in the waters of Ely. The people, largely of Danish descent, flocked to them, thinking, as the Chronicler says, that they would win the whole land. The movement was doubtless in favour of the kingship of Swegen. But nothing was done by Danes and English together save to plunder Peterborough abbey. Hereward, said to have been the nephew of Turold's English predecessor, doubtless looked on the holy place, under a Norman abbot, as part of the enemy's country.

The name of Hereward has gathered round it such a mass of fiction, old and new, that it is hard to disentangle the few details of his real history. His descent and birth-place are uncertain; but he was assuredly a man of Lincolnshire, and assuredly not the son of Earl Leofric. For some unknown cause, he had been banished in the days of Edward or of Harold. He now came back to lead his countrymen against William. He was the soul of the movement of which the abbey of Ely became the centre. The isle, then easily defensible, was the last English ground on which the Conqueror was defied by Englishmen fighting for England. The men of the Fenland were zealous; the monks of Ely were zealous; helpers came in from other parts of England. English leaders left their shelter in Scotland to share the dangers of their countrymen; even Edwin and Morkere at last plucked up heart to leave William's court and join the patriotic movement. Edwin was pursued; he was betrayed by traitors; he was overtaken and slain, to William's deep grief, we are told. His brother reached the isle, and helped in its defence. William now felt that the revolt called for his own presence and his full energies. The isle was stoutly attacked and stoutly defended, till, according to one version, the monks betrayed the stronghold to the King. According to another, Morkere was induced to surrender by promises of mercy which William failed to fulfil. In any case, before the year 1071 was ended, the isle of Ely was in William's hands. Hereward alone with a few companions made their way out by sea. William was less merciful than usual; still no man was put to death. Some were mutilated, some imprisoned; Morkere and other chief men spent the rest of their days in bonds. The temper of the Conqueror had now fearfully hardened. Still he could honour a valiant enemy; those who resisted to the last fared best. All the legends of Hereward's later days speak of him as admitted to William's peace and favour. One makes him die quietly, another kills him at the hands of Norman enemies, but not at William's bidding or with William's knowledge. Evidence a little better suggests that he bore arms for his new sovereign beyond the sea; and an entry in Domesday also suggests that he held lands under Count Robert of Mortain in Warwickshire. It would suit William's policy, when he received Hereward to his favour, to make him exchange lands near to the scene of his exploits for lands in a distant shire held under the lordship of the King's brother.

Meanwhile, most likely in the summer months of 1070, Malcolm ravaged Cleveland, Durham, and other districts where there must have been little left to ravage. Meanwhile the AEtheling Edgar and his sisters, with other English exiles, sought shelter in Scotland, and were hospitably received. At the same time Gospatric, now William's earl in Northumberland, retaliated by a harrying of Scottish Cumberland, which provoked Malcolm to greater cruelties. It was said that there was no house in Scotland so poor that it had not an English bondman. Presently some of Malcolm's English guests joined the defenders of Ely; those of highest birth stayed in Scotland, and Malcolm, after much striving, persuaded Margaret the sister of Edgar to become his wife. Her praises are written in Scottish history, and the marriage had no small share in the process which made the Scottish kings and the lands which formed their real kingdom practically English. The sons and grandsons of Margaret, sprung of the Old-English kingly house, were far more English within their own realm than the Norman and Angevin kings of Southern England. But within the English border men looked at things with other eyes. Thrice again did Malcolm ravage England; two and twenty years later he was slain in his last visit of havoc. William meanwhile and his earls at least drew to themselves some measure of loyalty from the men of Northern England as the guardians of the land against the Scot.

For the present however Malcolm's invasion was only avenged by Gospatric's harrying in Cumberland. The year 1071 called William to Ely; in the early part of 1072 his presence was still needed on the mainland; in August he found leisure for a march against Scotland. He went as an English king, to assert the rights of the English crown, to avenge wrongs done to the English land; and on such an errand Englishmen followed him gladly. Eadric, the defender of Herefordshire, had made his peace with the King, and he now held a place of high honour in his army. But if William met with any armed resistance on his Scottish expedition, it did not amount to a pitched battle. He passed through Lothian into Scotland; he crossed Forth and drew near to Tay, and there, by the round tower of Abernethy, the King of Scots swore oaths and gave hostages and became the man of the King of the English. William might now call himself, like his West-Saxon predecessors, Bretwalda and Basileus of the isle of Britain. This was the highest point of his fortune. Duke of the Normans, King of the English, he was undisputed lord from the march of Anjou to the narrow sea between Caithness and Orkney.

The exact terms of the treaty between William's royal vassal and his overlord are unknown. But one of them was clearly the removal of Edgar from Scotland. Before long he was on the continent. William had not yet learned that Edgar was less dangerous in Britain than in any other part of the world, and that he was safest of all in William's own court. Homage done and hostages received, the Lord of all Britain returned to his immediate kingdom. His march is connected with many legendary stories. In real history it is marked by the foundation of the castle of Durham, and by the Conqueror's confirmation of the privileges of the palatine bishops. If all the earls of England had been like the earls of Chester, and all the bishops like the bishops of Durham, England would assuredly have split up, like Germany, into a loose federation of temporal and spiritual princes. This it was William's special work to hinder; but he doubtless saw that the exceptional privileges of one or two favoured lordships, standing in marked contrast to the rest, would not really interfere with his great plan of union. And William would hardly have confirmed the sees of London or Winchester in the privileges which he allowed to the distant see of Durham. He now also made a grant of earldoms, the object of which is less clear than that of most of his actions. It is not easy to say why Gospatric was deprived of his earldom. His former acts of hostility to William had been covered by his pardon and reappointment in 1069; and since then he had acted as a loyal, if perhaps an indiscreet, guardian of the land. Two greater earldoms than his had become vacant by the revolt, the death, the imprisonment, of Edwin and Morkere. But these William had no intention of filling. He would not have in his realm anything so dangerous as an earl of the Mercian's or the Northumbrians in the old sense, whether English or Norman. But the defence of the northern frontier needed an earl to rule Northumberland in the later sense, the land north of the Tyne. And after the fate of Robert of Comines, William could not as yet put a Norman earl in so perilous a post. But the Englishman whom he chose was open to the same charges as the deposed Gospatric. For he was Waltheof the son of Siward, the hero of the storm of York in 1069. Already Earl of Northampton and Huntingdon, he was at this time high in the King's personal favour, perhaps already the husband of the King's niece. One side of William's policy comes out here. Union was sometimes helped by division. There were men whom William loved to make great, but whom he had no mind to make dangerous. He gave them vast estates, but estates for the most part scattered over different parts of the kingdom. It was only in the border earldoms and in Cornwall that he allowed anything at all near to the lordship of a whole shire to be put in the hands of a single man. One Norman and one Englishman held two earldoms together; but they were earldoms far apart. Roger of Montgomery held the earldoms of Shrewsbury and Sussex, and Waltheof to his midland earldom of Northampton and Huntingdon now added the rule of distant Northumberland. The men who had fought most stoutly against William were the men whom he most willingly received to favour. Eadric and Hereward were honoured; Waltheof was honoured more highly. He ranked along with the greatest Normans; his position was perhaps higher than any but the King's born kinsmen. But the whole tale of Waltheof is a problem that touches the character of the king under whom he rose and fell. Lifted up higher than any other man among the conquered, he was the one man whom William put to death on a political charge. It is hard to see the reasons for either his rise or his fall. It was doubtless mainly his end which won him the abiding reverence of his countrymen. His valour and his piety are loudly praised. But his valour we know only from his one personal exploit at York; his piety was consistent with a base murder. In other matters, he seems amiable, irresolute, and of a scrupulous conscience, and Northumbrian morality perhaps saw no great crime in a murder committed under the traditions of a Northumbrian deadly feud. Long before Waltheof was born, his grandfather Earl Ealdred had been killed by a certain Carl. The sons of Carl had fought by his side at York; but, notwithstanding this comradeship, the first act of Waltheof's rule in Northumberland was to send men to slay them beyond the bounds of his earldom. A crime that was perhaps admired in Northumberland and unheard of elsewhere did not lose him either the favour of the King or the friendship of his neighbour Bishop Walcher, a reforming prelate with whom Waltheof acted in concert. And when he was chosen as the single exception to William's merciful rule, it was not for this undoubted crime, but on charges of which, even if guilty, he might well have been forgiven.

The sojourn of William on the continent in 1072 carries us out of England and Normandy into the general affairs of Europe. Signs may have already showed themselves of what was coming to the south of Normandy; but the interest of the moment lay in the country of Matilda. Flanders, long the firm ally of Normandy, was now to change into a bitter enemy. Count Baldwin died in 1067; his successor of the same name died three years later, and a war followed between his widow Richildis, the guardian of his young son Arnulf, and his brother Robert the Frisian. Robert had won fame in the East; he had received the sovereignty of Friesland—a name which takes in Holland and Zealand—and he was now invited to deliver Flanders from the oppressions of Richildis. Meanwhile, Matilda was acting as regent of Normandy, with Earl William of Hereford as her counsellor. Richildis sought help of her son's two overlords, King Henry of Germany and King Philip of France. Philip came in person; the German succours were too late. From Normandy came Earl William with a small party of knights. The kings had been asked for armies; to the Earl she offered herself, and he came to fight for his bride. But early in 1071 Philip, Arnulf, and William, were all overthrown by Robert the Frisian in the battle of Cassel. Arnulf and Earl William were killed; Philip made peace with Robert, henceforth undisputed Count of Flanders.

All this brought King William to the continent, while the invasion of Malcolm was still unavenged. No open war followed between Normandy and Flanders; but for the rest of their lives Robert and William were enemies, and each helped the enemies of the other. William gave his support to Baldwin brother of the slain Arnulf, who strove to win Flanders from Robert. But the real interest of this episode lies in the impression which was made in the lands east of Flanders. In the troubled state of Germany, when Henry the Fourth was striving with the Saxons, both sides seem to have looked to the Conqueror of England with hope and with fear. On this matter our English and Norman authorities are silent, and the notices in the contemporary German writers are strangely unlike one another. But they show at least that the prince who ruled on both sides of the sea was largely in men's thoughts. The Saxon enemy of Henry describes him in his despair as seeking help in Denmark, France, Aquitaine, and also of the King of the English, promising him the like help, if he should ever need it. William and Henry had both to guard against Saxon enmity, but the throne at Winchester stood firmer than the throne at Goslar. But the historian of the continental Saxons puts into William's mouth an answer utterly unsuited to his position. He is made, when in Normandy, to answer that, having won his kingdom by force, he fears to leave it, lest he might not find his way back again. Far more striking is the story told three years later by Lambert of Herzfeld. Henry, when engaged in an Hungarian war, heard that the famous Archbishop Hanno of Koln had leagued with William Bostar—so is his earliest surname written—King of the English, and that a vast army was coming to set the island monarch on the German throne. The host never came; but Henry hastened back to guard his frontier against BARBARIANS. By that phrase a Teutonic writer can hardly mean the insular part of William's subjects.

Now assuredly William never cherished, as his successor probably did, so wild a dream as that of a kingly crowning at Aachen, to be followed perhaps by an imperial crowning at Rome. But that such schemes were looked on as a practical danger against which the actual German King had to guard, at least shows the place which the Conqueror of England held in European imagination.

For the three or four years immediately following the surrender of Ely, William's journeys to and fro between his kingdom and his duchy were specially frequent. Matilda seems to have always stayed in Normandy; she is never mentioned in England after the year of her coronation and the birth of her youngest son, and she commonly acted as regent of the duchy. In the course of 1072 we see William in England, in Normandy, again in England, and in Scotland. In 1073 he was called beyond sea by a formidable movement. His great continental conquest had risen against him; Le Mans and all Maine were again independent. City and land chose for them a prince who came by female descent from the stock of their ancient counts. This was Hugh the son of Azo Marquess of Liguria and of Gersendis the sister of the last Count Herbert. The Normans were driven out of Le Mans; Azo came to take possession in the name of his son, but he and the citizens did not long agree. He went back, leaving his wife and son under the guardianship of Geoffrey of Mayenne. Presently the men of Le Mans threw off princely rule altogether and proclaimed the earliest commune in Northern Gaul. Here then, as at Exeter, William had to strive against an armed commonwealth, and, as at Exeter, we specially wish to know what were to be the relations between the capital and the county at large. The mass of the people throughout Maine threw themselves zealously into the cause of the commonwealth. But their zeal might not have lasted long, if, according to the usual run of things in such cases, they had simply exchanged the lordship of their hereditary masters for the corporate lordship of the citizens of Le Mans. To the nobles the change was naturally distasteful. They had to swear to the commune, but many of them, Geoffrey for one, had no thought of keeping their oaths. Dissensions arose; Hugh went back to Italy; Geoffrey occupied the castle of Le Mans, and the citizens dislodged him only by the dangerous help of the other prince who claimed the overlordship of Maine, Count Fulk of Anjou.

If Maine was to have a master from outside, the lord of Anjou hardly promised better than the lord of Normandy. But men in despair grasp at anything. The strange thing is that Fulk disappears now from the story; William steps in instead. And it was at least as much in his English as in his Norman character that the Duke and King won back the revolted land. A place in his army was held by English warriors, seemingly under the command of Hereward himself. Men who had fought for freedom in their own land now fought at the bidding of their Conqueror to put down freedom in another land. They went willingly; the English Chronicler describes the campaign with glee, and breaks into verse—or incorporates a contemporary ballad—at the tale of English victory. Few men of that day would see that the cause of Maine was in truth the cause of England. If York and Exeter could not act in concert with one another, still less could either act in concert with Le Mans. Englishmen serving in Maine would fancy that they were avenging their own wrongs by laying waste the lands of any man who spoke the French tongue. On William's part, the employment of Englishmen, the employment of Hereward, was another stroke of policy. It was more fully following out the system which led Englishmen against Exeter, which led Eadric and his comrades into Scotland. For in every English soldier whom William carried into Maine he won a loyal English subject. To men who had fought under his banners beyond the sea he would be no longer the Conqueror but the victorious captain; they would need some very special oppression at home to make them revolt against the chief whose laurels they had helped to win. As our own gleeman tells the tale, they did little beyond harrying the helpless land; but in continental writers we can trace a regular campaign, in which we hear of no battles, but of many sieges. William, as before, subdued the land piecemeal, keeping the city for the last. When he drew near to Le Mans, its defenders surrendered at his summons, to escape fire and slaughter by speedy submission. The new commune was abolished, but the Conqueror swore to observe all the ancient rights of the city.

All this time we have heard nothing of Count Fulk. Presently we find him warring against nobles of Maine who had taken William's part, and leaguing with the Bretons against William himself. The King set forth with his whole force, Norman and English; but peace was made by the mediation of an unnamed Roman cardinal, abetted, we are told, by the chief Norman nobles. Success against confederated Anjou and Britanny might be doubtful, with Maine and England wavering in their allegiance, and France, Scotland, and Flanders, possible enemies in the distance. The rights of the Count of Anjou over Maine were formally acknowledged, and William's eldest son Robert did homage to Fulk for the county. Each prince stipulated for the safety and favour of all subjects of the other who had taken his side. Between Normandy and Anjou there was peace during the rest of the days of William; in Maine we shall see yet another revolt, though only a partial one.

William went back to England in 1073. In 1074 he went to the continent for a longer absence. As the time just after the first completion of the Conquest is spoken of as a time when Normans and English were beginning to sit down side by side in peace, so the years which followed the submission of Ely are spoken of as a time of special oppression. This fact is not unconnected with the King's frequent absences from England. Whatever we say of William's own position, he was a check on smaller oppressors. Things were always worse when the eye of the great master was no longer watching. William's one weakness was that of putting overmuch trust in his immediate kinsfolk and friends. Of the two special oppressors, William Fitz-Osbern had thrown away his life in Flanders; but Bishop Ode was still at work, till several years later his king and brother struck him down with a truly righteous blow.

The year 1074, not a year of fighting, was pro-eminently a year of intrigue. William's enemies on the continent strove to turn the representative of the West-Saxon kings to help their ends. Edgar flits to and fro between Scotland and Flanders, and the King of the French tempts him with the offer of a convenient settlement on the march of France, Normandy, and Flanders. Edgar sets forth from Scotland, but is driven back by a storm; Malcolm and Margaret then change their minds, and bid him make his peace with King William. William gladly accepts his submission; an embassy is sent to bring him with all worship to the King in Normandy. He abides for several years in William's court contented and despised, receiving a daily pension and the profits of estates in England of no great extent which the King of a moment held by the grant of a rival who could afford to be magnanimous.

Edgar's after-life showed that he belonged to that class of men who, as a rule slothful and listless, can yet on occasion act with energy, and who act most creditably on behalf of others. But William had no need to fear him, and he was easily turned into a friend and a dependant. Edgar, first of Englishmen by descent, was hardly an Englishman by birth. William had now to deal with the Englishman who stood next to Edgar in dignity and far above him in personal estimation. We have reached the great turning-point in William's reign and character, the black and mysterious tale of the fate of Waltheof. The Earl of Northumberland, Northampton, and Huntingdon, was not the only earl in England of English birth. The earldom of the East-Angles was held by a born Englishman who was more hateful than any stranger. Ralph of Wader was the one Englishman who had fought at William's side against England. He often passes for a native of Britanny, and he certainly held lands and castles in that country; but he was Breton only by the mother's side. For Domesday and the Chronicles show that he was the son of an elder Earl Ralph, who had been staller or master of the horse in Edward's days, and who is expressly said to have been born in Norfolk. The unusual name suggests that the elder Ralph was not of English descent. He survived the coming of William, and his son fought on Senlac among the countrymen of his mother. This treason implies an unrecorded banishment in the days of Edward or Harold. Already earl in 1069, he had in that year acted vigorously for William against the Danes. But he now conspired against him along with Roger, the younger son of William Fitz-Osbern, who had succeeded his father in the earldom of Hereford, while his Norman estates had passed to his elder brother William. What grounds of complaint either Ralph or Roger had against William we know not; but that the loyalty of the Earl of Hereford was doubtful throughout the year 1074 appears from several letters of rebuke and counsel sent to him by the Regent Lanfranc. At last the wielder of both swords took to his spiritual arms, and pronounced the Earl excommunicate, till he should submit to the King's mercy and make restitution to the King and to all men whom he had wronged. Roger remained stiff-necked under the Primate's censure, and presently committed an act of direct disobedience. The next year, 1075, he gave his sister Emma in marriage to Earl Ralph. This marriage the King had forbidden, on some unrecorded ground of state policy. Most likely he already suspected both earls, and thought any tie between them dangerous. The notice shows William stepping in to do, as an act of policy, what under his successors became a matter of course, done with the sole object of making money. The bride- ale—the name that lurks in the modern shape of bridal—was held at Exning in Cambridgeshire; bishops and abbots were guests of the excommunicated Roger; Waltheof was there, and many Breton comrades of Ralph. In their cups they began to plot how they might drive the King out of the kingdom. Charges, both true and false, were brought against William; in a mixed gathering of Normans, English, and Bretons, almost every act of William's life might pass as a wrong done to some part of the company, even though some others of the company were his accomplices. Above all, the two earls Ralph and Roger made a distinct proposal to their fellow-earl Waltheof. King William should be driven out of the land; one of the three should be King; the other two should remain earls, ruling each over a third of the kingdom. Such a scheme might attract earls, but no one else; it would undo William's best and greatest work; it would throw back the growing unity of the kingdom by all the steps that it had taken during several generations.

Now what amount of favour did Waltheof give to these schemes? Weighing the accounts, it would seem that, in the excitement of the bride-ale, he consented to the treason, but that he thought better of it the next morning. He went to Lanfranc, at once regent and ghostly father, and confessed to him whatever he had to confess. The Primate assigned his penitent some ecclesiastical penances; the Regent bade the Earl go into Normandy and tell the whole tale to the King. Waltheof went, with gifts in hand; he told his story and craved forgiveness. William made light of the matter, and kept Waltheof with him, but seemingly not under restraint, till he came back to England.

Meanwhile the other two earls were in open rebellion. Ralph, half Breton by birth and earl of a Danish land, asked help in Britanny and Denmark. Bretons from Britanny and Bretons settled in England flocked to him. King Swegen, now almost at the end of his reign and life, listened to the call of the rebels, and sent a fleet under the command of his son Cnut, the future saint, together with an earl named Hakon. The revolt in England was soon put down, both in East and West. The rebel earls met with no support save from those who were under their immediate influence. The country acted zealously for the King. Lanfranc could report that Earl Ralph and his army were fleeing, and that the King's men, French and English, were chasing them. In another letter he could add, with some strength of language, that the kingdom was cleansed from the filth of the Bretons. At Norwich only the castle was valiantly defended by the newly married Countess Emma. Roger was taken prisoner; Ralph fled to Britanny; their followers were punished with various mutilations, save the defenders of Norwich, who were admitted to terms. The Countess joined her husband in Britanny, and in days to come Ralph did something to redeem so many treasons by dying as an armed pilgrim in the first crusade.

The main point of this story is that the revolt met with no English support whatever. Not only did Bishop Wulfstan march along with his fierce Norman brethren Ode and Geoffrey; the English people everywhere were against the rebels. For this revolt offered no attraction to English feeling; had the undertaking been less hopeless, nothing could have been gained by exchanging the rule of William for that of Ralph or Roger. It might have been different if the Danes had played their part better. The rebellion broke out while William was in Normandy; it was the sailing of the Danish fleet which brought him back to England. But never did enterprise bring less honour on its leaders than this last Danish voyage up the Humber. All that the holy Cnut did was to plunder the minster of Saint Peter at York and to sail away.

His coming however seems to have altogether changed the King's feelings with regard to Waltheof. As yet he had not been dealt with as a prisoner or an enemy. He now came back to England with the King, and William's first act was to imprison both Waltheof and Roger. The imprisonment of Roger, a rebel taken in arms, was a matter of course. As for Waltheof, whatever he had promised at the bride-ale, he had done no disloyal act; he had had no share in the rebellion, and he had told the King all that he knew. But he had listened to traitors, and it might be dangerous to leave him at large when a Danish fleet, led by his old comrade Cnut, was actually afloat. Still what followed is strange indeed, specially strange with William as its chief doer.

At the Midwinter Gemot of 1075-1076 Roger and Waltheof were brought to trial. Ralph was condemned in absence, like Eustace of Boulogne. Roger was sentenced to forfeiture and imprisonment for life. Waltheof made his defence; his sentence was deferred; he was kept at Winchester in a straiter imprisonment than before. At the Pentecostal Gemot of 1076, held at Westminster, his case was again argued, and he was sentenced to death. On the last day of May the last English earl was beheaded on the hills above Winchester.

Such a sentence and execution, strange at any time, is specially strange under William. Whatever Waltheof had done, his offence was lighter than that of Roger; yet Waltheof has the heavier and Roger the lighter punishment. With Scroggs or Jeffreys on the bench, it might have been argued that Waltheof's confession to the King did not, in strictness of law, wipe out the guilt of his original promise to the conspirators; but William the Great did not commonly act after the fashion of Scroggs and Jeffreys. To deprive Waltheof of his earldom might doubtless be prudent; a man who had even listened to traitors might be deemed unfit for such a trust. It might be wise to keep him safe under the King's eye, like Edwin, Morkere, and Edgar. But why should he be picked out for death, when the far more guilty Roger was allowed to live? Why should he be chosen as the one victim of a prince who never before or after, in Normandy or in England, doomed any man to die on a political charge? These are questions hard to answer. It is not enough to say that Waltheof was an Englishman, that it was William's policy gradually to get rid of Englishmen in high places, and that the time was now come to get rid of the last. For such a policy forfeiture, or at most imprisonment, would have been enough. While other Englishmen lost lands, honours, at most liberty, Waltheof alone lost his life by a judicial sentence. It is likely enough that many Normans hungered for the lands and honours of the one Englishman who still held the highest rank in England. Still forfeiture without death might have satisfied even them. But Waltheof was not only earl of three shires; he was husband of the King's near kinswoman. We are told that Judith was the enemy and accuser of her husband. This may have touched William's one weak point. Yet he would hardly have swerved from the practice of his whole life to please the bloody caprice of a niece who longed for the death of her husband. And if Judith longed for Waltheof's death, it was not from a wish to supply his place with another. Legend says that she refused a second husband offered her by the King; it is certain that she remained a widow.

Waltheof's death must thus remain a mystery, an isolated deed of blood unlike anything else in William's life. It seems to have been impolitic; it led to no revolt, but it called forth a new burst of English feeling. Waltheof was deemed the martyr of his people; he received the same popular canonization as more than one English patriot. Signs and wonders were wrought at his tomb at Crowland, till displays of miraculous power which were so inconsistent with loyalty and good order were straitly forbidden. The act itself marks a stage in the downward course of William's character. In itself, the harrying of Northumberland, the very invasion of England, with all the bloodshed that they caused, might be deemed blacker crimes than the unjust death of a single man. But as human nature stands, the less crime needs a worse man to do it. Crime, as ever, led to further crime and was itself the punishment of crime. In the eyes of William's contemporaries the death of Waltheof, the blackest act of William's life, was also its turning-point. From the day of the martyrdom on Saint Giles' hill the magic of William's name and William's arms passed away. Unfailing luck no longer waited on him; after Waltheof's death he never, till his last campaign of all, won a battle or took a town. In this change of William's fortunes the men of his own day saw the judgement of God upon his crime. And in the fact at least they were undoubtedly right. Henceforth, though William's real power abides unshaken, the tale of his warfare is chiefly a tale of petty defeats. The last eleven years of his life would never have won him the name of Conqueror. But in the higher walk of policy and legislation never was his nobler surname more truly deserved. Never did William the Great show himself so truly great as in these later years.

The death of Waltheof and the popular judgement on it suggest another act of William's which cannot have been far from it in point of time, and about which men spoke in his own day in the same spirit. If the judgement of God came on William for the beheading of Waltheof, it came on him also for the making of the New Forest. As to that forest there is a good deal of ancient exaggeration and a good deal of modern misconception. The word forest is often misunderstood. In its older meaning, a meaning which it still keeps in some parts, a forest has nothing to do with trees. It is a tract of land put outside the common law and subject to a stricter law of its own, and that commonly, probably always, to secure for the King the freer enjoyment of the pleasure of hunting. Such a forest William made in Hampshire; the impression which it made on men's minds at the time is shown by its having kept the name of the New Forest for eight hundred years. There is no reason to think that William laid waste any large tract of specially fruitful country, least of all that he laid waste a land thickly inhabited; for most of the Forest land never can have been such. But it is certain from Domesday and the Chronicle that William did afforest a considerable tract of land in Hampshire; he set it apart for the purposes of hunting; he fenced it in by special and cruel laws—stopping indeed short of death—for the protection of his pleasures, and in this process some men lost their lands, and were driven from their homes. Some destruction of houses is here implied; some destruction of churches is not unlikely. The popular belief, which hardly differs from the account of writers one degree later than Domesday and the Chronicle, simply exaggerates the extent of destruction. There was no such wide-spread laying waste as is often supposed, because no such wide-spread laying waste was needed. But whatever was needed for William's purpose was done; and Domesday gives us the record. And the act surely makes, like the death of Waltheof, a downward stage in William's character. The harrying of Northumberland was in itself a far greater crime, and involved far more of human wretchedness. But it is not remembered in the same way, because it has left no such abiding memorial. But here again the lesser crime needed a worse man to do it. The harrying of Northumberland was a crime done with a political object; it was the extreme form of military severity; it was not vulgar robbery done with no higher motive than to secure the fuller enjoyment of a brutal sport. To this level William had now sunk. It was in truth now that hunting in England finally took the character of a mere sport. Hunting was no new thing; in an early state of society it is often a necessary thing. The hunting of Alfred is spoken of as a grave matter of business, as part of his kingly duty. He had to make war on the wild beasts, as he had to make war on the Danes. The hunting of William is simply a sport, not his duty or his business, but merely his pleasure. And to this pleasure, the pleasure of inflicting pain and slaughter, he did not scruple to sacrifice the rights of other men, and to guard his enjoyment by ruthless laws at which even in that rough age men shuddered.

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