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History of the English People, Volume I (of 8) - Early England, 449-1071; Foreign Kings, 1071-1204; The Charter, 1204-1216
by John Richard Green
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[Sidenote: Henry's Administration]

His vigorous administration carried out into detail the system of government which the Conqueror had sketched. The vast estates which had fallen to the crown through revolt and forfeiture were granted out to new men dependent on royal favour. On the ruins of the great feudatories whom he had crushed Henry built up a class of lesser nobles, whom the older barons of the Conquest looked down on in scorn, but who were strong enough to form a counterpoise to their influence, while they furnished the Crown with a class of useful administrators whom Henry employed as his sheriffs and judges. A new organization of justice and finance bound the kingdom more tightly together in Henry's grasp. The Clerks of the Royal Chapel were formed into a body of secretaries or royal ministers, whose head bore the title of Chancellor. Above them stood the Justiciar, or Lieutenant-General of the kingdom, who in the frequent absence of the king acted as Regent of the realm, and whose staff, selected from the barons connected with the royal household, were formed into a Supreme Court of the realm. The King's Court, as this was called, permanently represented the whole court of royal vassals which had hitherto been summoned thrice in the year. As the royal council, it revised and registered laws, and its "counsel and consent," though merely formal, preserved the principle of the older popular legislation. As a court of justice, it formed the highest court of appeal: it could call up any suit from a lower tribunal on the application of a suitor, while the union of several sheriffdoms under some of its members connected it closely with the local courts. As a financial body, its chief work lay in the assessment and collection of the revenue. In this capacity it took the name of the Court of Exchequer from the chequered table, much like a chess-board, at which it sat and on which accounts were rendered. In their financial capacity its justices became "barons of the Exchequer." Twice every year the sheriff of each county appeared before these barons and rendered the sum of the fixed rent from royal domains, the Danegeld or land tax, the fines of the local courts, the feudal aids from the baronial estates, which formed the chief part of the royal revenue. Local disputes respecting these payments or the assessment of the town-rents were settled by a detachment of barons from the court who made the circuit of the shires, and whose fiscal visitations led to the judicial visitations, the "judges' circuits," which still form so marked a feature in our legal system.

[Sidenote: The Angevin Marriage]

Measures such as these changed the whole temper of the Norman rule. It remained a despotism, but from this moment it was a despotism regulated and held in check by the forms of administrative routine. Heavy as was the taxation under Henry the First, terrible as was the suffering throughout his reign from famine and plague, the peace and order which his government secured through thirty years won a rest for the land in which conqueror and conquered blended into a single people and in which this people slowly moved forward to a new freedom. But while England thus rested in peace a terrible blow broke the fortunes of her king. In 1120 his son, William the "AEtheling," with a crowd of nobles accompanied Henry on his return from Normandy; but the White Ship in which he embarked lingered behind the rest of the royal fleet till the guards of the king's treasure pressed its departure. It had hardly cleared the harbour when the ship's side struck on a rock, and in an instant it sank beneath the waves. One terrible cry, ringing through the silence of the night, was heard by the royal fleet; but it was not till the morning that the fatal news reached the king. Stern as he was, Henry fell senseless to the ground, and rose never to smile again. He had no other son, and the circle of his foreign foes closed round him the more fiercely that William, the son of his captive brother Robert, was now his natural heir. Henry hated William while he loved his own daughter Maud, who had been married to the Emperor Henry the Fifth, but who had been restored by his death to her father's court. The succession of a woman was new in English history; it was strange to a feudal baronage. But when all hope of issue from a second wife whom he wedded was over Henry forced priests and nobles to swear allegiance to Maud as their future mistress, and affianced her to Geoffry the Handsome, the son of the one foe whom he dreaded, Count Fulk of Anjou.

[Sidenote: Anjou]

The marriage of Matilda was but a step in the wonderful history by which the descendants of a Breton woodman became masters not of Anjou only, but of Touraine, Maine, and Poitou, of Gascony and Auvergne, of Aquitaine and Normandy, and sovereigns at last of the great realm which Normandy had won. The legend of the father of their race carries us back to the times of our own AElfred, when the Danes were ravaging along Loire as they ravaged along Thames. In the heart of the Breton border, in the debateable land between France and Britanny, dwelt Tortulf the Forester, half-brigand, half-hunter as the gloomy days went, living in free outlaw-fashion in the woods about Rennes. Tortulf had learned in his rough forest school "how to strike the foe, to sleep on the bare ground, to bear hunger and toil, summer's heat and winter's frost, how to fear nothing save ill-fame." Following King Charles the Bald in his struggle with the Danes, the woodman won broad lands along Loire, and his son Ingelger, who had swept the northmen from Touraine and the land to the west, which they had burned and wasted into a vast solitude, became the first Count of Anjou. But the tale of Tortulf and Ingelger is a mere creation of some twelfth century jongleur. The earliest Count whom history recognizes is Fulk the Red. Fulk attached himself to the Dukes of France who were now drawing nearer to the throne, and between 909 and 929 he received from them in guerdon the county of Anjou. The story of his son is a story of peace, breaking like a quiet idyll the war-storms of his house. Alone of his race Fulk the Good waged no wars: his delight was to sit in the choir of Tours and to be called "Canon." One Martinmas eve Fulk was singing there in clerkly guise when the French king, Lewis d'Outremer, entered the church. "He sings like a priest," laughed the king as his nobles pointed mockingly to the figure of the Count-Canon. But Fulk was ready with his reply. "Know, my lord," wrote the Count of Anjou, "that a king unlearned is a crowned ass." Fulk was in fact no priest, but a busy ruler, governing, enforcing peace, and carrying justice to every corner of the wasted land. To him alone of his race men gave the title of "the Good."

[Sidenote: Fulk the Black]

Hampered by revolt, himself in character little more than a bold, dashing soldier, Fulk's son, Geoffry Greygown, sank almost into a vassal of his powerful neighbours, the Counts of Blois and Champagne. But this vassalage was roughly shaken off by his successor. Fulk Nerra, Fulk the Black, is the greatest of the Angevins, the first in whom we can trace that marked type of character which their house was to preserve through two hundred years. He was without natural affection. In his youth he burnt a wife at the stake, and legend told how he led her to her doom decked out in his gayest attire. In his old age he waged his bitterest war against his son, and exacted from him when vanquished a humiliation which men reserved for the deadliest of their foes. "You are conquered, you are conquered!" shouted the old man in fierce exultation, as Geoffry, bridled and saddled like a beast of burden, crawled for pardon to his father's feet. In Fulk first appeared that low type of superstition which startled even superstitious ages in the early Plantagenets. Robber as he was of Church lands, and contemptuous of ecclesiastical censures, the fear of the end of the world drove Fulk to the Holy Sepulchre. Barefoot and with the strokes of the scourge falling heavily on his shoulders, the Count had himself dragged by a halter through the streets of Jerusalem, and courted the doom of martyrdom by his wild outcries of penitence. He rewarded the fidelity of Herbert of Le Mans, whose aid saved him from utter ruin, by entrapping him into captivity and robbing him of his lands. He secured the terrified friendship of the French king by despatching twelve assassins to cut down before his eyes the minister who had troubled it. Familiar as the age was with treason and rapine and blood, it recoiled from the cool cynicism of his crimes, and believed the wrath of Heaven to have been revealed against the union of the worst forms of evil in Fulk the Black. But neither the wrath of Heaven nor the curses of men broke with a single mishap the fifty years of his success.

At his accession in 987 Anjou was the least important of the greater provinces of France. At his death in 1040 it stood, if not in extent, at least in real power, first among them all. Cool-headed, clear-sighted, quick to resolve, quicker to strike, Fulk's career was one long series of victories over all his rivals. He was a consummate general, and he had the gift of personal bravery, which was denied to some of his greatest descendants. There was a moment in the first of his battles when the day seemed lost for Anjou; a feigned retreat of the Bretons drew the Angevin horsemen into a line of hidden pitfalls, and the Count himself was flung heavily to the ground. Dragged from the medley of men and horses, he swept down almost singly on the foe "as a storm-wind" (so rang the paean of the Angevins) "sweeps down on the thick corn-rows," and the field was won. But to these qualities of the warrior he added a power of political organization, a capacity for far-reaching combinations, a faculty of statesmanship, which became the heritage of his race, and lifted them as high above the intellectual level of the rulers of their time as their shameless wickedness degraded them below the level of man. His overthrow of Britanny on the field of Conquereux was followed by the gradual absorption of Southern Touraine; a victory at Pontlevoi crushed the rival house of Blois; the seizure of Saumur completed his conquests in the south, while Northern Touraine was won bit by bit till only Tours resisted the Angevin. The treacherous seizure of its Count, Herbert Wakedog, left Maine at his mercy.

[Sidenote: Death of Henry]

His work of conquest was completed by his son. Geoffry Martel wrested Tours from the Count of Blois, and by the seizure of Le Mans brought his border to the Norman frontier. Here however his advance was checked by the genius of William the Conqueror, and with his death the greatness of Anjou came for a while to an end. Stripped of Maine by the Normans and broken by dissensions within, the weak and profligate rule of Fulk Rechin left Anjou powerless. But in 1109 it woke to fresh energy with the accession of his son, Fulk of Jerusalem. Now urging the turbulent Norman nobles to revolt, now supporting Robert's son, William, in his strife with his uncle, offering himself throughout as the loyal supporter of the French kingdom which was now hemmed in on almost every side by the forces of the English king and of his allies the Counts of Blois and Champagne, Fulk was the one enemy whom Henry the First really feared. It was to disarm his restless hostility that the king gave the hand of Matilda to Geoffry the Handsome. But the hatred between Norman and Angevin had been too bitter to make such a marriage popular, and the secrecy with which it was brought about was held by the barons to free them from the oath they had previously sworn. As no baron if he was sonless could give a husband to his daughter save with his lord's consent, the nobles held by a strained analogy that their own assent was needful to the marriage of Maud. Henry found a more pressing danger in the greed of her husband Geoffry, whose habit of wearing the common broom of Anjou, the planta genista, in his helmet gave him the title of Plantagenet. His claims ended at last in intrigues with the Norman nobles, and Henry hurried to the border to meet an Angevin invasion; but the plot broke down at his presence, the Angevins retired, and at the close of 1135 the old king withdrew to the Forest of Lions to die.

[Sidenote: Stephen]

"God give him," wrote the Archbishop of Rouen from Henry's death-bed, "the peace he loved." With him indeed closed the long peace of the Norman rule. An outburst of anarchy followed on the news of his departure, and in the midst of the turmoil Earl Stephen, his nephew, appeared at the gates of London. Stephen was a son of the Conqueror's daughter, Adela, who had married a Count of Blois; he had been brought up at the English court, had been made Count of Mortain by Henry, had become Count of Boulogne by his marriage, and as head of the Norman baronage had been the first to pledge himself to support Matilda's succession. But his own claim as nearest male heir of the Conqueror's blood (for his cousin, the son of Robert, had fallen some years before in Flanders) was supported by his personal popularity; mere swordsman as he was, his good-humour, his generosity, his very prodigality made Stephen a favourite with all. No noble however had as yet ventured to join him nor had any town opened its gates when London poured out to meet him with uproarious welcome. Neither baron nor prelate was present to constitute a National Council, but the great city did not hesitate to take their place. The voice of her citizens had long been accepted as representative of the popular assent in the election of a king; but it marks the progress of English independence under Henry that London now claimed of itself the right of election. Undismayed by the absence of the hereditary counsellors of the crown its "Aldermen and wise folk gathered together the folk-moot, and these providing at their own will for the good of the realm unanimously resolved to choose a king." The solemn deliberation ended in the choice of Stephen, the citizens swore to defend the king with money and blood, Stephen swore to apply his whole strength to the pacification and good government of the realm. It was in fact the new union of conquered and conquerors into a single England that did Stephen's work. The succession of Maud meant the rule of Geoffry of Anjou, and to Norman as to Englishman the rule of the Angevin was a foreign rule. The welcome Stephen won at London and Winchester, his seizure of the royal treasure, the adhesion of the Justiciar Bishop Roger to his cause, the reluctant consent of the Archbishop, the hopelessness of aid from Anjou where Geoffry was at this moment pressed by revolt, the need above all of some king to meet the outbreak of anarchy which followed Henry's death, secured Stephen the voice of the baronage. He was crowned at Christmas-tide; and soon joined by Robert Earl of Gloucester, a bastard son of Henry and the chief of his nobles; while the issue of a charter from Oxford in 1136, a charter which renewed the dead king's pledge of good government, promised another Henry to the realm. The charter surrendered all forests made in the last reign as a sop to the nobles, and conciliated the Church by granting freedom of election and renouncing all right to the profits of vacant churches; while the king won the people by a promise to abolish the tax of Danegeld.

[Sidenote: Battle of the Standard]

The king's first two years were years of success and prosperity. Two risings of barons in the east and west were easily put down, and in 1137 Stephen passed into Normandy and secured the Duchy against an attack from Anjou. But already the elements of trouble were gathering round him. Stephen was a mere soldier, with few kingly qualities save that of a soldier's bravery; and the realm soon began to slip from his grasp. He turned against himself the jealous dread of foreigners to which he owed his accession by surrounding himself with hired knights from Flanders; he drained the treasury by creating new earls endowed with pensions from it, and recruited his means by base coinage. His consciousness of the gathering storm only drove Stephen to bind his friends to him by suffering them to fortify castles and to renew the feudal tyranny which Henry had struck down. But the long reign of the dead king had left the Crown so strong that even yet Stephen could hold his own. A plot which Robert of Gloucester had been weaving from the outset of his reign came indeed to a head in 1138, and the Earl's revolt stripped Stephen of Caen and half Normandy. But when his partizans in England rose in the south and the west and the King of Scots, whose friendship Stephen had bought in the opening of his reign by the cession of Carlisle, poured over the northern border, the nation stood firmly by the king. Stephen himself marched on the western rebels and soon left them few strongholds save Bristol. His people fought for him in the north. The pillage and cruelties of the wild tribes of Galloway and the Highlands roused the spirit of the Yorkshiremen. Baron and freeman gathered at York round Archbishop Thurstan and marched to the field of Northallerton to await the foe. The sacred banners of St. Cuthbert of Durham, St. Peter of York, St. John of Beverley, and St. Wilfrid of Ripon hung from a pole fixed in a four-wheeled car which stood in the centre of the host. The first onset of David's host was a terrible one. "I who wear no armour," shouted the chief of the Galwegians, "will go as far this day as any one with breastplate of mail"; his men charged with wild shouts of "Albin, Albin," and were followed by the Norman knighthood of the Lowlands. But their repulse was complete; the fierce hordes dashed in vain against the close English ranks around the Standard, and the whole army fled in confusion to Carlisle.

[Sidenote: Seizure of the Bishops]

Weak indeed as Stephen was, the administrative organization of Henry still did its work. Roger remained justiciar, his son was chancellor, his nephew Nigel, the Bishop of Ely, was treasurer. Finance and justice were thus concentrated in the hands of a single family which preserved amidst the deepening misrule something of the old order and rule, and which stood at the head of the "new men," whom Henry had raised into importance and made the instruments of his will. These new men were still weak by the side of the older nobles; and conscious of the jealousy and ill-will with which they were regarded they followed in self-defence the example which the barons were setting in building and fortifying castles on their domains. Roger and his house, the objects from their official position of a deeper grudge than any, were carried away by the panic. The justiciar and his son fortified their castles, and it was only with a strong force at their back that the prelates appeared at court. Their attitude was one to rouse Stephen's jealousy, and the news of Matilda's purpose of invasion lent strength to the doubts which the nobles cast on their fidelity. All the weak violence of the king's temper suddenly broke out. He seized Roger the Chancellor and the Bishop of Lincoln when they appeared at Oxford in June 1139, and forced them to surrender their strongholds. Shame broke the justiciar's heart; he died at the close of the year, and his nephew Nigel of Ely was driven from the realm. But the fall of this house shattered the whole system of government. The King's Court and the Exchequer ceased to work at a moment when the landing of Earl Robert and the Empress Matilda set Stephen face to face with a danger greater than he had yet encountered, while the clergy, alienated by the arrest of the Bishops and the disregard of their protests, stood angrily aloof.

[Sidenote: Civil War]

The three bases of Henry's system of government, the subjection of the baronage to the law, the good-will of the Church, and the organization of justice and finance, were now utterly ruined; and for the fourteen years which passed from this hour to the Treaty of Wallingford England was given up to the miseries of civil war. The country was divided between the adherents of the two rivals, the West supporting Matilda, London and the East Stephen. A defeat at Lincoln in 1141 left the latter a captive in the hands of his enemies, while Matilda was received throughout the land as its "Lady." But the disdain with which she repulsed the claim of London to the enjoyment of its older privileges called its burghers to arms; her resolve to hold Stephen a prisoner roused his party again to life, and she was driven to Oxford to be besieged there in 1142 by Stephen himself, who had obtained his release in exchange for Earl Robert after the capture of the Earl in a battle at Winchester. She escaped from the castle, but with the death of Robert her struggle became a hopeless one, and in 1148 she withdrew to Normandy. The war was now a mere chaos of pillage and bloodshed. The royal power came to an end. The royal courts were suspended, for not a baron or bishop would come at the king's call. The bishops met in council to protest, but their protests and excommunications fell on deafened ears. For the first and last time in her history England was in the hands of the baronage, and their outrages showed from what horrors the stern rule of the Norman kings had saved her. Castles sprang up everywhere. "They filled the land with castles," say the terrible annals of the time. "They greatly oppressed the wretched people by making them work at these castles, and when they were finished they filled them with devils and armed men." In each of these robber-holds a petty tyrant ruled like a king. The strife for the Crown had broken into a medley of feuds between baron and baron, for none could brook an equal or a superior in his fellow. "They fought among themselves with deadly hatred, they spoiled the fairest lands with fire and rapine; in what had been the most fertile of counties they destroyed almost all the provision of bread." For fight as they might with one another, all were at one in the plunder of the land. Towns were put to ransom. Villages were sacked and burned. All who were deemed to have goods, whether men or women, were carried off and flung into dungeons and tortured till they yielded up their wealth. No ghastlier picture of a nation's misery has ever been painted than that which closes the English Chronicle whose last accents falter out amidst the horrors of the time. "They hanged up men by their feet and smoked them with foul smoke. Some were hanged up by their thumbs, others by the head, and burning things were hung on to their feet. They put knotted strings about men's heads, and writhed them till they went to the brain. They put men into prisons where adders and snakes and toads were crawling, and so they tormented them. Some they put into a chest short and narrow and not deep and that had sharp stones within, and forced men therein so that they broke all their limbs. In many of the castles were hateful and grim things called rachenteges, which two or three men had enough to do to carry. It was thus made: it was fastened to a beam and had a sharp iron to go about a man's neck and throat, so that he might noways sit, or lie, or sleep, but he bore all the iron. Many thousands they starved with hunger."

[Sidenote: Religious Revival]

It was only after years of this feudal anarchy that England was rescued from it by the efforts of the Church. The political influence of the Church had been greatly lessened by the Conquest: for pious, learned, and energetic as the bulk of the Conqueror's bishops were, they were not Englishmen. Till the reign of Henry the First no Englishman occupied an English see. This severance of the higher clergy from the lower priesthood and from the people went far to paralyze the constitutional influence of the Church. Anselm stood alone against Rufus, and when Anselm was gone no voice of ecclesiastical freedom broke the silence of the reign of Henry the First. But at the close of Henry's reign and throughout the reign of Stephen England was stirred by the first of those great religious movements which it was to experience afterwards in the preaching of the Friars, the Lollardism of Wyclif, the Reformation, the Puritan enthusiasm, and the mission work of the Wesleys. Everywhere in town and country men banded themselves together for prayer: hermits flocked to the woods: noble and churl welcomed the austere Cistercians, a reformed offshoot of the Benedictine order, as they spread over the moors and forests of the North. A new spirit of devotion woke the slumbers of the religious houses, and penetrated alike to the home of the noble and the trader. London took its full share in the revival. The city was proud of its religion, its thirteen conventual and more than a hundred parochial churches. The new impulse changed its very aspect. In the midst of the city Bishop Richard busied himself with the vast cathedral church of St. Paul which Bishop Maurice had begun; barges came up the river with stone from Caen for the great arches that moved the popular wonder, while street and lane were being levelled to make room for its famous churchyard. Rahere, a minstrel at Henry's court, raised the Priory of St. Bartholomew beside Smithfield. Alfune built St. Giles's at Cripplegate. The old English Cnichtenagild surrendered their soke of Aldgate as a site for the new priory of the Holy Trinity. The tale of this house paints admirably the temper of the citizens at the time. Its founder, Prior Norman, built church and cloister and bought books and vestments in so liberal a fashion that no money remained to buy bread. The canons were at their last gasp when the city-folk, looking into the refectory as they passed round the cloister in their usual Sunday procession, saw the tables laid but not a single loaf on them. "Here is a fine set out," said the citizens; "but where is the bread to come from?" The women who were present vowed each to bring a loaf every Sunday, and there was soon bread enough and to spare for the priory and its priests.

[Sidenote: Thomas of London]

We see the strength of the new movement in the new class of ecclesiastics whom it forced on to the stage. Men like Archbishop Theobald drew whatever influence they wielded from a belief in their holiness of life and unselfishness of aim. The paralysis of the Church ceased as the new impulse bound prelacy and people together, and at the moment we have reached its power was found strong enough to wrest England out of the chaos of feudal misrule. In the early part of Stephen's reign his brother Henry, the Bishop of Winchester, who had been appointed in 1139 Papal Legate for the realm, had striven to supply the absence of any royal or national authority by convening synods of bishops, and by asserting the moral right of the Church to declare sovereigns unworthy of the throne. The compact between king and people which became a part of constitutional law in the Charter of Henry had gathered new force in the Charter of Stephen, but its legitimate consequence in the responsibility of the crown for the execution of the compact was first drawn out by these ecclesiastical councils. From their alternate depositions of Stephen and Matilda flowed the after depositions of Edward and Richard, and the solemn act by which the succession was changed in the case of James. Extravagant and unauthorized as their expression of it may appear, they expressed the right of a nation to good government. Henry of Winchester however, "half monk, half soldier," as he was called, possessed too little religious influence to wield a really spiritual power, and it was only at the close of Stephen's reign that the nation really found a moral leader in Theobald, the Archbishop of Canterbury. Theobald's ablest agent and adviser was Thomas, the son of Gilbert Beket, a leading citizen and, it is said, Portreeve of London, the site of whose house is still marked by the Mercers' chapel in Cheapside. His mother Rohese was a type of the devout woman of her day; she weighed her boy every year on his birthday against money, clothes, and provisions which she gave to the poor. Thomas grew up amidst the Norman barons and clerks who frequented his father's house with a genial freedom of character tempered by the Norman refinement; he passed from the school of Merton to the University of Paris, and returned to fling himself into the life of the young nobles of the time. Tall, handsome, bright-eyed, ready of wit and speech, his firmness of temper showed itself in his very sports; to rescue his hawk which had fallen into the water he once plunged into a millrace and was all but crushed by the wheel. The loss of his father's wealth drove him to the court of Archbishop Theobald, and he soon became the Primate's confidant in his plans for the rescue of England.



[Sidenote: Treaty of Wallingford]

The natural influence which the Primate would have exerted was long held in suspense by the superior position of Bishop Henry of Winchester as Papal Legate; but this office ceased with the Pope who granted it, and when in 1150 it was transferred to the Archbishop himself Theobald soon made his weight felt. The long disorder of the realm was producing its natural reaction in exhaustion and disgust, as well as in a general craving for return to the line of hereditary succession whose breaking seemed the cause of the nation's woes. But the growth of their son Henry to manhood set naturally aside the pretensions both of Count Geoffry and Matilda. Young as he was Henry already showed the cool long-sighted temper which was to be his characteristic on the throne. Foiled in an early attempt to grasp the crown, he looked quietly on at the disorder which was doing his work till the death of his father at the close of 1151 left him master of Normandy and Anjou. In the spring of the following year his marriage with its duchess, Eleanor of Poitou, added Aquitaine to his dominions. Stephen saw the gathering storm, and strove to meet it. He called on the bishops and baronage to secure the succession of his son Eustace by consenting to his association with him in the kingdom. But the moment was now come for Theobald to play his part. He was already negotiating through Thomas of London with Henry and the Pope; he met Stephen's plans by a refusal to swear fealty to his son, and the bishops, in spite of Stephen's threats, went with their head. The blow was soon followed by a harder one. Thomas, as Theobald's agent, invited Henry to appear in England, and though the Duke disappointed his supporters' hopes by the scanty number of men he brought with him in 1153, his weakness proved in the end a source of strength. It was not to foreigners, men said, that Henry owed his success but to the arms of Englishmen. An English army gathered round him, and as the hosts of Stephen and the Duke drew together a battle seemed near which would decide the fate of the realm. But Theobald who was now firmly supported by the greater barons again interfered and forced the rivals to an agreement. To the excited partizans of the house of Anjou it seemed as if the nobles were simply playing their own game in the proposed settlement and striving to preserve their power by a balance of masters. The suspicion was probably groundless, but all fear vanished with the death of Eustace, who rode off from his father's camp, maddened with the ruin of his hopes, to die in August, smitten, as men believed, by the hand of God for his plunder of abbeys. The ground was now clear, and in November the Treaty of Wallingford abolished the evils of the long anarchy. The castles were to be razed, the crown lands resumed, the foreign mercenaries banished from the country, and sheriffs appointed to restore order. Stephen was recognized as king, and in turn recognized Henry as his heir. The duke received at Oxford the fealty of the barons, and passed into Normandy in the spring of 1154. The work of reformation had already begun. Stephen resented indeed the pressure which Henry put on him to enforce the destruction of the castles built during the anarchy; but Stephen's resistance was but the pettish outbreak of a ruined man. He was in fact fast drawing to the grave; and on his death in October 1154 Henry returned to take the crown without a blow.



CHAPTER III HENRY THE SECOND 1154-1189



[Sidenote: Henry Fitz-Empress]

Young as he was, and he had reached but his twenty-first year when he returned to England as its king, Henry mounted the throne with a purpose of government which his reign carried steadily out. His practical, serviceable frame suited the hardest worker of his time. There was something in his build and look, in the square stout form, the fiery face, the close-cropped hair, the prominent eyes, the bull neck, the coarse strong hands, the bowed legs, that marked out the keen, stirring, coarse-fibred man of business. "He never sits down," said one who observed him closely; "he is always on his legs from morning till night." Orderly in business, careless of appearance, sparing in diet, never resting or giving his servants rest, chatty, inquisitive, endowed with a singular charm of address and strength of memory, obstinate in love or hatred, a fair scholar, a great hunter, his general air that of a rough, passionate, busy man, Henry's personal character told directly on the character of his reign. His accession marks the period of amalgamation when neighbourhood and traffic and intermarriage drew Englishmen and Normans into a single people. A national feeling was thus springing up before which the barriers of the older feudalism were to be swept away. Henry had even less reverence for the feudal past than the men of his day: he was indeed utterly without the imagination and reverence which enable men to sympathize with any past at all. He had a practical man's impatience of the obstacles thrown in the way of his reforms by the older constitution of the realm, nor could he understand other men's reluctance to purchase undoubted improvements by the sacrifice of customs and traditions of bygone days. Without any theoretical hostility to the co-ordinate powers of the state, it seemed to him a perfectly reasonable and natural course to trample either baronage or Church under foot to gain his end of good government. He saw clearly that the remedy for such anarchy as England had endured under Stephen lay in the establishment of a kingly rule unembarrassed by any privileges of order or class, administered by royal servants, and in whose public administration the nobles acted simply as delegates of the sovereign. His work was to lie in the organization of judicial and administrative reforms which realized this idea. But of the currents of thought and feeling which were tending in the same direction he knew nothing. What he did for the moral and social impulses which were telling on men about him was simply to let them alone. Religion grew more and more identified with patriotism under the eyes of a king who whispered, and scribbled, and looked at picture-books during mass, who never confessed, and cursed God in wild frenzies of blasphemy. Great peoples formed themselves on both sides of the sea round a sovereign who bent the whole force of his mind to hold together an Empire which the growth of nationality must inevitably destroy. There is throughout a tragic grandeur in the irony of Henry's position, that of a Sforza of the fifteenth century set in the midst of the twelfth, building up by patience and policy and craft a dominion alien to the deepest sympathies of his age and fated to be swept away in the end by popular forces to whose existence his very cleverness and activity blinded him. But whether by the anti-national temper of his general system or by the administrative reforms of his English rule his policy did more than that of all his predecessors to prepare England for the unity and freedom which the fall of his house was to reveal.

[Sidenote: The Great Scutage]

He had been placed on the throne, as we have seen, by the Church. His first work was to repair the evils which England had endured till his accession by the restoration of the system of Henry the First; and it was with the aid and counsel of Theobald that the foreign marauders were driven from the realm, the new castles demolished in spite of the opposition of the baronage, the King's Court and Exchequer restored. Age and infirmity however warned the Primate to retire from the post of minister, and his power fell into the younger and more vigorous hands of Thomas Beket, who had long acted as his confidential adviser and was now made Chancellor. Thomas won the personal favour of the king. The two young men had, in Theobald's words, "but one heart and mind"; Henry jested in the Chancellor's hall, or tore his cloak from his shoulders in rough horse-play as they rode through the streets. He loaded his favourite with riches and honours, but there is no ground for thinking that Thomas in any degree influenced his system of rule. Henry's policy seems for good or evil to have been throughout his own. His work of reorganization went steadily on amidst troubles at home and abroad. Welsh outbreaks forced him in 1157 to lead an army over the border; and a crushing repulse showed that he was less skilful as a general than as a statesman. The next year saw him drawn across the Channel, where he was already master of a third of the present France. Anjou, Maine, and Touraine he had inherited from his father, Normandy from his mother, he governed Britanny through his brother, while the seven provinces of the South, Poitou, Saintonge, La Marche, Perigord, the Limousin, the Angoumois, and Gascony, belonged to his wife. As Duchess of Aquitaine Eleanor had claims on Toulouse, and these Henry prepared in 1159 to enforce by arms. But the campaign was turned to the profit of his reforms. He had already begun the work of bringing the baronage within the grasp of the law by sending judges from the Exchequer year after year to exact the royal dues and administer the king's justice even in castle and manor. He now attacked its military influence. Each man who held lands of a certain value was bound to furnish a knight for his lord's service; and the barons thus held a body of trained soldiers at their disposal. When Henry called his chief lords to serve in the war of Toulouse, he allowed the lower tenants to commute their service for sums payable to the royal treasury under the name of "scutage," or shield-money. The "Great Scutage" did much to disarm the baronage, while it enabled the king to hire foreign mercenaries for his service abroad. Again however he was luckless in war. King Lewis of France threw himself into Toulouse. Conscious of the ill-compacted nature of his wide dominion, Henry shrank from an open contest with his suzerain; he withdrew his forces, and the quarrel ended in 1160 by a formal alliance and the betrothal of his eldest son to the daughter of Lewis.

[Sidenote: Archbishop Thomas]

Henry returned to his English realm to regulate the relations of the State with the Church. These rested in the main on the system established by the Conqueror, and with that system Henry had no wish to meddle. But he was resolute that, baron or priest, all should be equal before the law; and he had no more mercy for clerical than for feudal immunities. The immunities of the clergy indeed were becoming a hindrance to public justice. The clerical order in the Middle Ages extended far beyond the priesthood; it included in Henry's day the whole of the professional and educated classes. It was subject to the jurisdiction of the Church courts alone; but bodily punishment could only be inflicted by officers of the lay courts, and so great had the jealousy between clergy and laity become that the bishops no longer sought civil aid but restricted themselves to the purely spiritual punishments of penance and deprivation of orders. Such penalties formed no effectual check upon crime, and while preserving the Church courts the king aimed at the delivery of convicted offenders to secular punishment. For the carrying out of these designs he sought an agent in Thomas the Chancellor. Thomas had now been his minister for eight years, and had fought bravely in the war against Toulouse at the head of the seven hundred knights who formed his household. But the king had other work for him than war. On Theobald's death he forced on the monks of Canterbury his election as Archbishop. But from the moment of his appointment in 1162 the dramatic temper of the new Primate flung its whole energy into the part he set himself to play. At the first intimation of Henry's purpose he pointed with a laugh to his gay court attire: "You are choosing a fine dress," he said, "to figure at the head of your Canterbury monks"; once monk and Archbishop he passed with a fevered earnestness from luxury to asceticism; and a visit to the Council of Tours in 1163, where the highest doctrines of ecclesiastical authority were sanctioned by Pope Alexander the Third, strengthened his purpose of struggling for the privileges of the Church. His change of attitude encouraged his old rivals at court to vex him with petty lawsuits, but no breach had come with the king till Henry proposed that clerical convicts should be punished by the civil power. Thomas refused; he would only consent that a clerk, once degraded, should for after offences suffer like a layman. Both parties appealed to the "customs" of the realm; and it was to state these "customs" that a court was held in 1164 at Clarendon near Salisbury.

[Sidenote: Legal Reforms]

The report presented by bishops and barons formed the Constitutions of Clarendon, a code which in the bulk of its provisions simply re-enacted the system of the Conqueror. Every election of bishop or abbot was to take place before royal officers, in the king's chapel, and with the king's assent. The prelate-elect was bound to do homage to the king for his lands before consecration, and to hold his lands as a barony from the king, subject to all feudal burthens of taxation and attendance in the King's Court. No bishop might leave the realm without the royal permission. No tenant in chief or royal servant might be excommunicated, or their land placed under interdict, but by the king's assent. What was new was the legislation respecting ecclesiastical jurisdiction. The King's Court was to decide whether a suit between clerk and layman, whose nature was disputed, belonged to the Church courts or the King's. A royal officer was to be present at all ecclesiastical proceedings in order to confine the Bishop's court within its own due limits, and a clerk convicted there passed at once under the civil jurisdiction. An appeal was left from the Archbishop's court to the King's Court for defect of justice, but none might appeal to the Papal court save with the king's leave. The privilege of sanctuary in churches and churchyards was repealed, so far as property and not persons was concerned. After a passionate refusal the Primate was at last brought to give his assent to these Constitutions, but the assent was soon retracted, and Henry's savage resentment threw the moral advantage of the position into his opponent's hands. Vexatious charges were brought against Thomas, and he was summoned to answer at a Council held in the autumn at Northampton. All urged him to submit; his very life was said to be in peril from the king's wrath. But in the presence of danger the courage of the man rose to its full height. Grasping his archiepiscopal cross he entered the royal court, forbade the nobles to condemn him, and appealed in the teeth of the Constitutions to the Papal See. Shouts of "Traitor!" followed him as he withdrew. The Primate turned fiercely at the word: "Were I a knight," he shouted back, "my sword should answer that foul taunt!" Once alone however, dread pressed more heavily; he fled in disguise at nightfall and reached France through Flanders.

Great as were the dangers it was to bring with it, the flight of Thomas left Henry free to carry on the reforms he had planned. In spite of denunciations from Primate and Pope, the Constitutions regulated from this time the relations of the Church with the State. Henry now turned to the actual organization of the realm. His reign, it has been truly said, "initiated the rule of law" as distinct from the despotism, whether personal or tempered by routine, of the Norman sovereigns. It was by successive "assizes" or codes issued with the sanction of the great councils of barons and prelates which he summoned year by year, that he perfected in a system of gradual reforms the administrative measures which Henry the First had begun. The fabric of our judicial legislation commences in 1166 with the Assize of Clarendon, the first object of which was to provide for the order of the realm by reviving the old English system of mutual security or frankpledge. No stranger might abide in any place save a borough and only there for a single night unless sureties were given for his good behaviour; and the list of such strangers was to be submitted to the itinerant justices. In the provisions of this assize for the repression of crime we find the origin of trial by jury, so often attributed to earlier times. Twelve lawful men of each hundred, with four from each township, were sworn to present those who were known or reputed as criminals within their district for trial by ordeal. The jurors were thus not merely witnesses, but sworn to act as judges also in determining the value of the charge, and it is this double character of Henry's jurors that has descended to our "grand jury," who still remain charged with the duty of presenting criminals for trial after examination of the witnesses against them. Two later steps brought the jury to its modern condition. Under Edward the First witnesses acquainted with the particular fact in question were added in each case to the general jury, and by the separation of these two classes of jurors at a later time the last became simply "witnesses" without any judicial power, while the first ceased to be witnesses at all and became our modern jurors, who are only judges of the testimony given. With this assize too a practice which had prevailed from the earliest English times, the practice of "compurgation," passed away. Under this system the accused could be acquitted of the charge by the voluntary oath of his neighbours and kinsmen; but this was abolished by the Assize of Clarendon, and for the fifty years which followed it his trial, after the investigation of the grand jury, was found solely in the ordeal or "judgement of God," where innocence was proved by the power of holding hot iron in the hand or by sinking when flung into the water, for swimming was a proof of guilt. It was the abolition of the whole system of ordeal by the Council of Lateran in 1216 which led the way to the establishment of what is called a "petty jury" for the final trial of prisoners.

[Sidenote: Murder of Thomas]

But Henry's work of reorganization had hardly begun when it was broken by the pressure of the strife with the Primate. For six years the contest raged bitterly; at Rome, at Paris, the agents of the two powers intrigued against each other. Henry stooped to acts of the meanest persecution in driving the Primate's kinsmen from England, and in confiscating the lands of their order till the monks of Pontigny should refuse Thomas a home; while Beket himself exhausted the patience of his friends by his violence and excommunications, as well as by the stubbornness with which he clung to the offensive clause "Saving the honour of my order," the addition of which to his consent would have practically neutralised the king's reforms. The Pope counselled mildness, the French king for a time withdrew his support, his own clerks gave way at last. "Come up," said one of them bitterly when his horse stumbled on the road, "saving the honour of the Church and my order." But neither warning nor desertion moved the resolution of the Primate. Henry, in dread of Papal excommunication, resolved in 1170 on the coronation of his son: and this office, which belonged to the see of Canterbury, he transferred to the Archbishop of York. But the Pope's hands were now freed by his successes in Italy, and the threat of an interdict forced the king to a show of submission. The Archbishop was allowed to return after a reconciliation with the king at Freteval, and the Kentishmen flocked around him with uproarious welcome as he entered Canterbury. "This is England," said his clerks, as they saw the white headlands of the coast. "You will wish yourself elsewhere before fifty days are gone," said Thomas sadly, and his foreboding showed his appreciation of Henry's character. He was now in the royal power, and orders had already been issued in the younger Henry's name for his arrest when four knights from the King's Court, spurred to outrage by a passionate outburst of their master's wrath, crossed the sea, and on the 29th of December forced their way into the Archbishop's palace. After a stormy parley with him in his chamber they withdrew to arm. Thomas was hurried by his clerks into the cathedral, but as he reached the steps leading from the transept to the choir his pursuers burst in from the cloisters. "Where," cried Reginald Fitzurse in the dusk of the dimly-lighted minster, "where is the traitor, Thomas Beket?" The Primate turned resolutely back: "Here am I, no traitor, but a priest of God," he replied, and again descending the steps he placed himself with his back against a pillar and fronted his foes. All the bravery and violence of his old knightly life seemed to revive in Thomas as he tossed back the threats and demands of his assailants. "You are our prisoner," shouted Fitzurse, and the four knights seized him to drag him from the church. "Do not touch me, Reginald," cried the Primate, "pander that you are, you owe me fealty"; and availing himself of his personal strength he shook him roughly off. "Strike, strike," retorted Fitzurse, and blow after blow struck Thomas to the ground. A retainer of Ranulf de Broc with the point of his sword scattered the Primate's brains on the ground. "Let us be off," he cried triumphantly, "this traitor will never rise again."

[Sidenote: The Church and Literature]

The brutal murder was received with a thrill of horror throughout Christendom; miracles were wrought at the martyr's tomb; he was canonized, and became the most popular of English saints. The stately "martyrdom" which rose over his relics at Canterbury seemed to embody the triumph which his blood had won. But the contest had in fact revealed a new current of educated opinion which was to be more fatal to the Church than the reforms of the king. Throughout it Henry had been aided by a silent revolution which now began to part the purely literary class from the purely clerical. During the earlier ages of our history we have seen literature springing up in ecclesiastical schools, and protecting itself against the ignorance and violence of the time under ecclesiastical privileges. Almost all our writers from Baeda to the days of the Angevins are clergy or monks. The revival of letters which followed the Conquest was a purely ecclesiastical revival; the intellectual impulse which Bee had given to Normandy travelled across the Channel with the new Norman abbots who were established in the greater English monasteries; and writing-rooms or scriptoria, where the chief works of Latin literature, patristic or classical, were copied and illuminated, the lives of saints compiled, and entries noted in the monastic chronicle, formed from this time a part of every religious house of any importance. But the literature which found this religious shelter was not so much ecclesiastical as secular. Even the philosophical and devotional impulse given by Anselm produced no English work of theology or metaphysics. The literary revival which followed the Conquest took mainly the old historical form. At Durham Turgot and Simeon threw into Latin shape the national annals to the time of Henry the First with an especial regard to northern affairs, while the earlier events of Stephen's reign were noted down by two Priors of Hexham in the wild border-land between England and the Scots.

These however were the colourless jottings of mere annalists; it was in the Scriptorium of Canterbury, in Osbern's lives of the English saints or in Eadmer's record of the struggle of Anselm against the Red King and his successor, that we see the first indications of a distinctively English feeling telling on the new literature. The national impulse is yet more conspicuous in the two historians that followed. The war-songs of the English conquerors of Britain were preserved by Henry, an Archdeacon of Huntingdon, who wove them into annals compiled from Baeda, and the Chronicle; while William, the librarian of Malmesbury, as industriously collected the lighter ballads which embodied the popular traditions of the English kings. It is in William above all others that we see the new tendency of English literature. In himself, as in his work, he marks the fusion of the conquerors and the conquered, for he was of both English and Norman parentage and his sympathies were as divided as his blood. The form and style of his writings show the influence of those classical studies which were now reviving throughout Christendom. Monk as he is, William discards the older ecclesiastical models and the annalistic form. Events are grouped together with no strict reference to time, while the lively narrative flows rapidly and loosely along with constant breaks of digression over the general history of Europe and the Church. It is in this change of historic spirit that William takes his place as first of the more statesmanlike and philosophic school of historians who began to arise in direct connexion with the Court, and among whom the author of the chronicle which commonly bears the name of "Benedict of Peterborough" with his continuator Roger of Howden are the most conspicuous. Both held judicial offices under Henry the Second, and it is to their position at Court that they owe the fulness and accuracy of their information as to affairs at home and abroad, as well as their copious supply of official documents. What is noteworthy in these writers is the purely political temper with which they regard the conflict of Church and State in their time. But the English court had now become the centre of a distinctly secular literature. The treatise of Ranulf de Glanvill, a justiciar of Henry the Second, is the earliest work on English law, as that of the royal treasurer, Richard Fitz-Neal, on the Exchequer is the earliest on English government.

[Sidenote: Gerald of Wales]

Still more distinctly secular than these, though the work of a priest who claimed to be a bishop, are the writings of Gerald de Barri. Gerald is the father of our popular literature as he is the originator of the political and ecclesiastical pamphlet. Welsh blood (as his usual name of Giraldus Cambrensis implies) mixed with Norman in his veins, and something of the restless Celtic fire runs alike through his writings and his life. A busy scholar at Paris, a reforming Archdeacon in Wales, the wittiest of Court chaplains, the most troublesome of bishops, Gerald became the gayest and most amusing of all the authors of his time. In his hands the stately Latin tongue took the vivacity and picturesqueness of the jongleur's verse. Reared as he had been in classic studies, he threw pedantry contemptuously aside. "It is better to be dumb than not to be understood," is his characteristic apology for the novelty of his style: "new times require new fashions, and so I have thrown utterly aside the old and dry method of some authors and aimed at adopting the fashion of speech which is actually in vogue to-day." His tract on the conquest of Ireland and his account of Wales, which are in fact reports of two journeys undertaken in those countries with John and Archbishop Baldwin, illustrate his rapid faculty of careless observation, his audacity, and his good sense. They are just the sort of lively, dashing letters that we find in the correspondence of a modern journal. There is the same modern tone in his political pamphlets; his profusion of jests, his fund of anecdote, the aptness of his quotations, his natural shrewdness and critical acumen, the clearness and vivacity of his style, are backed by a fearlessness and impetuosity that made him a dangerous assailant even to such a ruler as Henry the Second. The invectives in which Gerald poured out his resentment against the Angevins are the cause of half the scandal about Henry and his sons which has found its way into history. His life was wasted in an ineffectual attempt to secure the see of St. David's, but his pungent pen played its part in rousing the nation to its later struggle with the Crown.

[Sidenote: Romance]

A tone of distinct hostility to the Church developed itself almost from the first among the singers of romance. Romance had long before taken root in the court of Henry the First, where under the patronage of Queen Maud the dreams of Arthur, so long cherished by the Celts of Britanny, and which had travelled to Wales in the train of the exile Rhys ap Tewdor, took shape in the History of the Britons by Geoffry of Monmouth. Myth, legend, tradition, the classical pedantry of the day, Welsh hopes of future triumph over the Saxon, the memories of the Crusades and of the world-wide dominion of Charles the Great, were mingled together by this daring fabulist in a work whose popularity became at once immense. Alfred of Beverley transferred Geoffry's inventions into the region of sober history, while two Norman trouveurs, Gaimar and Wace, translated them into French verse. So complete was the credence they obtained that Arthur's tomb at Glastonbury was visited by Henry the Second, while the child of his son Geoffry and of Constance of Britanny received the name of the Celtic hero. Out of Geoffry's creation grew little by little the poem of the Table Round. Britanny, which had mingled with the story of Arthur the older and more mysterious legend of the Enchanter Merlin, lent that of Lancelot to the wandering minstrels of the day, who moulded it as they wandered from hall to hall into the familiar tale of knighthood wrested from its loyalty by the love of woman. The stories of Tristram and Gawayne, at first as independent as that of Lancelot, were drawn with it into the whirlpool of Arthurian romance; and when the Church, jealous of the popularity of the legends of chivalry, invented as a counteracting influence the poem of the Sacred Dish, the San Graal which held the blood of the Cross invisible to all eyes but those of the pure in heart, the genius of a Court poet, Walter de Map, wove the rival legends together, sent Arthur and his knights wandering over sea and land in quest of the San Graal, and crowned the work by the figure of Sir Galahad, the type of ideal knighthood, without fear and without reproach.

[Sidenote: Walter de Map]

Walter stands before us as the representative of a sudden outburst of literary, social, and religious criticism which followed this growth of romance and the appearance of a freer historical tone in the court of the two Henries. Born on the Welsh border, a student at Paris, a favourite with the king, a royal chaplain, justiciary, and ambassador, his genius was as various as it was prolific. He is as much at his ease in sweeping together the chitchat of the time in his "Courtly Trifles" as in creating the character of Sir Galahad. But he only rose to his fullest strength when he turned from the fields of romance to that of Church reform and embodied the ecclesiastical abuses of his day in the figure of his "Bishop Goliath." The whole spirit of Henry and his Court in their struggle with Thomas is reflected and illustrated in the apocalypse and confession of this imaginary prelate. Picture after picture strips the veil from the corruption of the mediaeval Church, its indolence, its thirst for gain, its secret immorality. The whole body of the clergy from Pope to hedge-priest is painted as busy in the chase for gain; what escapes the bishop is snapped up by the archdeacon, what escapes the archdeacon is nosed and hunted down by the dean, while a host of minor officials prowl hungrily around these greater marauders. Out of the crowd of figures which fills the canvas of the satirist, pluralist vicars, abbots "purple as their wines," monks feeding and chattering together like parrots in the refectory, rises the Philistine Bishop, light of purpose, void of conscience, lost in sensuality, drunken, unchaste, the Goliath who sums up the enormities of all, and against whose forehead this new David slings his sharp pebble of the brook.



[Sidenote: Invasion of Ireland]

It would be in the highest degree unjust to treat such invectives as sober history, or to judge the Church of the twelfth century by the taunts of Walter de Map. What writings such as his bring home to us is the upgrowth of a new literary class, not only standing apart from the Church but regarding it with a hardly disguised ill-will, and breaking down the unquestioning reverence with which men had till now regarded it by their sarcasm and abuse. The tone of intellectual contempt which begins with Walter de Map goes deepening on till it culminates in Chaucer and passes into the open revolt of the Lollard. But even in these early days we can hardly doubt that it gave Henry strength in his contest with the Church. So little indeed did he suffer from the murder of Archbishop Thomas that the years which follow it form the grandest portion of his reign. While Rome was threatening excommunication he added a new realm to his dominions. Ireland had long since fallen from the civilization and learning which its missionaries brought in the seventh century to the shores of Northumbria. Every element of improvement or progress which had been introduced into the island disappeared in the long and desperate struggle with the Danes. The coast-towns which the invaders founded, such as Dublin or Waterford, remained Danish, in blood and manners and at feud with the Celtic tribes around them, though sometimes forced by the fortunes of war to pay tribute and to accept the overlordship of the Irish kings. It was through these towns however that the intercourse with England which had ceased since the eighth century was to some extent renewed in the eleventh. Cut off from the Church of the island by national antipathy, the Danish coast-cities applied to the See of Canterbury for the ordination of their bishops, and acknowledged a right of spiritual supervision in Lanfranc and Anselm. The relations thus formed were drawn closer by a slave-trade between the two countries which the Conqueror and Bishop Wulfstan succeeded for a time in suppressing at Bristol but which appears to have quickly revived. In the twelfth century Ireland was full of Englishmen who had been kidnapped and sold into slavery in spite of royal prohibitions and the spiritual menaces of the English Church. The slave-trade afforded a legitimate pretext for war, had a pretext been needed by the ambition of Henry the Second; and within a few months of that king's coronation John of Salisbury was despatched to obtain the Papal sanction for an invasion of the island. The enterprise, as it was laid before Pope Hadrian IV., took the colour of a crusade. The isolation of Ireland from the general body of Christendom, the absence of learning and civilization, the scandalous vices of its people, were alleged as the grounds of Henry's action. It was the general belief of the time that all islands fell under the jurisdiction of the Papal See, and it was as a possession of the Roman Church that Henry sought Hadrian's permission to enter Ireland. His aim was "to enlarge the bounds of the Church, to restrain the progress of vices, to correct the manners of its people and to plant virtue among them, and to increase the Christian religion." He engaged to "subject the people to laws, to extirpate vicious customs, to respect the rights of the native Churches, and to enforce the payment of Peter's pence" as a recognition of the overlordship of the Roman See. Hadrian by his bull approved the enterprise, as one prompted by "the ardour of faith and love of religion," and declared his will that the people of Ireland should receive Henry with all honour, and revere him as their lord.

The Papal bull was produced in a great council of the English baronage, but the opposition was strong enough to force on Henry a temporary abandonment of his designs, and twelve years passed before the scheme was brought to life again by the flight of Dermod, King of Leinster, to Henry's court. Dermod had been driven from his dominions in one of the endless civil wars which devastated the island; he now did homage for his kingdom to Henry, and returned to Ireland with promises of aid from the English knighthood. He was followed in 1168 by Robert FitzStephen, a son of the Constable of Cardigan, with a little band of a hundred and forty knights, sixty men-at-arms, and three or four hundred Welsh archers. Small as was the number of the adventurers, their horses and arms proved irresistible by the Irish kernes; a sally of the men of Wexford was avenged by the storm of their town; the Ossory clans were defeated with a terrible slaughter, and Dermod, seizing a head from the heap of trophies which his men piled at his feet, tore off in savage triumph its nose and lips with his teeth. The arrival of fresh forces heralded the coming of Richard of Clare, Earl of Pembroke and Striguil, a ruined baron later known by the nickname of Strongbow, and who in defiance of Henry's prohibition landed near Waterford with a force of fifteen hundred men as Dermod's mercenary. The city was at once stormed, and the united forces of the earl and king marched to the siege of Dublin. In spite of a relief attempted by the King of Connaught, who was recognized as overking of the island by the rest of the tribes, Dublin was taken by surprise; and the marriage of Richard with Eva, Dermod's daughter, left the Earl on the death of his father-in-law, which followed quickly on these successes, master of his kingdom of Leinster. The new lord had soon however to hurry back to England and appease the jealousy of Henry by the surrender of Dublin to the Crown, by doing homage for Leinster as an English lordship, and by accompanying the king in 1171 on a voyage to the new dominion which the adventurers had won.

[Sidenote: Revolt of the younger Henry]

Had fate suffered Henry to carry out his purpose, the conquest of Ireland would now have been accomplished. The King of Connaught indeed and the chiefs of Ulster refused him homage, but the rest of the Irish tribes owned his suzerainty; the bishops in synod at Cashel recognized him as their lord; and he was preparing to penetrate to the north and west, and to secure his conquest by a systematic erection of castles throughout the country, when the need of making terms with Rome, whose interdict threatened to avenge the murder of Archbishop Thomas, recalled him in the spring of 1172 to Normandy. Henry averted the threatened sentence by a show of submission. The judicial provisions in the Constitutions of Clarendon were in form annulled, and liberty of election was restored in the case of bishopricks and abbacies. In reality however the victory rested with the king. Throughout his reign ecclesiastical appointments remained practically in his hands, and the King's Court asserted its power over the spiritual jurisdiction of the bishops. But the strife with Thomas had roused into active life every element of danger which surrounded Henry, the envious dread of his neighbours, the disaffection of his own house, the disgust of the barons at the repeated blows which he levelled at their military and judicial power. The king's withdrawal of the office of sheriff from the great nobles of the shire to entrust it to the lawyers and courtiers who already furnished the staff of the royal judges quickened the resentment of the baronage into revolt. His wife Eleanor, now parted from Henry by a bitter hate, spurred her eldest son, whose coronation had given him the title of king, to demand possession of the English realm. On his father's refusal the boy sought refuge with Lewis of France, and his flight was the signal for a vast rising. France, Flanders, and Scotland joined in league against Henry; his younger sons, Richard and Geoffry, took up arms in Aquitaine, while the Earl of Leicester sailed from Flanders with an army of mercenaries to stir up England to revolt. The Earl's descent ended in a crushing defeat near St. Edmundsbury at the hands of the king's justiciars; but no sooner had the French king entered Normandy and invested Rouen than the revolt of the baronage burst into flame. The Scots crossed the border, Roger Mowbray rose in Yorkshire, Ferrars, Earl of Derby, in the midland shires, Hugh Bigod in the eastern counties, while a Flemish fleet prepared to support the insurrection by a descent upon the coast. The murder of Archbishop Thomas still hung round Henry's neck, and his first act in hurrying to England to meet these perils in 1174 was to prostrate himself before the shrine of the new martyr and to submit to a public scourging in expiation of his sin. But the penance was hardly wrought when all danger was dispelled by a series of triumphs. The King of Scotland, William the Lion, surprised by the English under cover of a mist, fell into the hands of Henry's minister, Ranulf de Glanvill, and at the retreat of the Scots the English rebels hastened to lay down their arms. With the army of mercenaries which he had brought over sea Henry was able to return to Normandy, to raise the siege of Rouen, and to reduce his sons to submission.

[Sidenote: Later reforms]

Through the next ten years Henry's power was at its height. The French king was cowed. The Scotch king bought his release in 1175 by owning Henry's suzerainty. The Scotch barons did homage, and English garrisons manned the strongest of the Scotch castles. In England itself church and baronage were alike at the king's mercy. Eleanor was imprisoned; and the younger Henry, though always troublesome, remained powerless to do harm. The king availed himself of this rest from outer foes to push forward his judicial and administrative organization. At the outset of his reign he had restored the King's Court and the occasional circuits of its justices; but the revolt was hardly over when in 1176 the Assize of Northampton rendered this institution permanent and regular by dividing the kingdom into six districts, to each of which three itinerant judges were assigned. The circuits thus marked out correspond roughly with those that still exist. The primary object of these circuits was financial; but the rendering of the king's justice went on side by side with the exaction of the king's dues, and this carrying of justice to every corner of the realm was made still more effective by the abolition of all feudal exemptions from the royal jurisdiction. The chief danger of the new system lay in the opportunities it afforded to judicial corruption; and so great were its abuses, that in 1178 Henry was forced to restrict for a while the number of justices to five, and to reserve appeals from their court to himself in council. The Court of Appeal which was thus created, that of the King in Council, gave birth as time went on to tribunal after tribunal. It is from it that the judicial powers now exercised by the Privy Council are derived, as well as the equitable jurisdiction of the Chancellor. In the next century it became the Great Council of the realm, and it is from this Great Council, in its two distinct capacities, that the Privy Council drew its legislative, and the House of Lords its judicial character. The Court of Star Chamber and the Judicial Committee of the Privy Council are later offshoots of Henry's Court of Appeal. From the judicial organization of the realm, he turned to its military organization, and in 1181 an Assize of Arms restored the national fyrd or militia to the place which it had lost at the Conquest. The substitution of scutage for military service had freed the crown from its dependence on the baronage and its feudal retainers; the Assize of Arms replaced this feudal organization by the older obligation of every freeman to serve in defence of the realm. Every knight was now bound to appear in coat of mail and with shield and lance, every freeholder with lance and hauberk, every burgess and poorer freeman with lance and helmet, at the king's call. The levy of an armed nation was thus placed wholly at the disposal of the Crown for purposes of defence.

[Sidenote: Henry's death]

A fresh revolt of the younger Henry with his brother Geoffry in 1183 hardly broke the current of Henry's success. The revolt ended with the young king's death, and in 1186 this was followed by the death of Geoffry. Richard, now his father's heir, remained busy in Aquitaine; and Henry was himself occupied with plans for the recovery of Jerusalem, which had been taken by Saladin in 1187. The "Saladin tithe," a tax levied on all goods and chattels, and memorable as the first English instance of taxation on personal property, was granted to the king at the opening of 1188 to support his intended Crusade. But the Crusade was hindered by strife which broke out between Richard and the new French king, Philip; and while Henry strove in vain to bring about peace, a suspicion that he purposed to make his youngest son, John, his heir drove Richard to Philip's side. His father, broken in health and spirits, negotiated fruitlessly through the winter, but with the spring of 1189 Richard and the French king suddenly appeared before Le Mans. Henry was driven in headlong flight from the town. Tradition tells how from a height where he halted to look back on the burning city, so dear to him as his birthplace, the king hurled his curse against God: "Since Thou hast taken from me the town I loved best, where I was born and bred, and where my father lies buried, I will have my revenge on Thee too—I will rob Thee of that thing Thou lovest most in me." If the words were uttered, they were the frenzied words of a dying man. Death drew Henry to the home of his race, but Tours fell as he lay at Saumur, and the hunted king was driven to beg mercy from his foes. They gave him the list of the conspirators against him: at its head was the name of one, his love for whom had brought with it the ruin that was crushing him, his youngest son, John. "Now," he said, as he turned his face to the wall, "let things go as they will—I care no more for myself or for the world." The end was come at last. Henry was borne to Chinon by the silvery waters of Vienne, and muttering, "Shame, shame on a conquered king," passed sullenly away.



CHAPTER IV THE ANGEVIN KINGS 1189-1204



[Sidenote: John and Longchamp]

The fall of Henry the Second only showed the strength of the system he had built up on this side the sea. In the hands of the Justiciar, Ranulf de Glanvill, England remained peaceful through the last stormy months of his reign, and his successor Richard found it undisturbed when he came for his crowning in the autumn of 1189. Though born at Oxford, Richard had been bred in Aquitaine; he was an utter stranger to his realm, and his visit was simply for the purpose of gathering money for a Crusade. Sheriffdoms, bishopricks, were sold; even the supremacy over Scotland was bought back again by William the Lion; and it was with the wealth which these measures won that Richard made his way in 1190 to Marseilles and sailed thence to Messina. Here he found his army and a host under King Philip of France; and the winter was spent in quarrels between the two kings and a strife between Richard and Tancred of Sicily. In the spring of 1191 his mother Eleanor arrived with ill news from England. Richard had left the realm under the regency of two bishops, Hugh Puiset of Durham and William Longchamp of Ely; but before quitting France he had entrusted it wholly to the latter, who stood at the head of Church and State as at once Justiciar and Papal Legate. Longchamp was loyal to the king, but his exactions and scorn of Englishmen roused a fierce hatred among the baronage, and this hatred found a head in John. While richly gifting his brother with earldoms and lands, Richard had taken oath from him that he would quit England for three years. But tidings that the Justiciar was striving to secure the succession of Arthur, the child of his elder brother Geoffry and of Constance of Britanny, to the English crown at once recalled John to the realm, and peace between him and Longchamp was only preserved by the influence of the queen-mother Eleanor. Richard met this news by sending Walter of Coutances, the Archbishop of Rouen, with full but secret powers to England. On his landing in the summer of 1191 Walter found the country already in arms. No battle had been fought, but John had seized many of the royal castles, and the indignation stirred by Longchamp's arrest of Archbishop Geoffry of York, a bastard son of Henry the Second, called the whole baronage to the field. The nobles swore fealty to John as Richard's successor, and Walter of Coutances saw himself forced to show his commission as Justiciar, and to assent to Longchamp's exile from the realm.

[Sidenote: Richard]

The tidings of this revolution reached Richard in the Holy Land. He had landed at Acre in the summer and joined with the French king in its siege. But on the surrender of the town Philip at once sailed home, while Richard, marching from Acre to Joppa, pushed inland to Jerusalem. The city however was saved by false news of its strength, and through the following winter and the spring of 1192 the king limited his activity to securing the fortresses of southern Palestine. In June he again advanced on Jerusalem, but the revolt of his army forced him a second time to fall back, and news of Philip's intrigues with John drove him to abandon further efforts. There was need to hasten home. Sailing for speed's sake in a merchant vessel, he was driven by a storm on the Adriatic coast, and while journeying in disguise overland arrested in December at Vienna by his personal enemy, Duke Leopold of Austria. Through the whole year John, in disgust at his displacement by Walter of Coutances, had been plotting fruitlessly with Philip. But the news of this capture at once roused both to activity. John secured his castles and seized Windsor, giving out that the king would never return; while Philip strove to induce the Emperor, Henry the Sixth, to whom the Duke of Austria had given Richard up, to retain his captive. But a new influence now appeared on the scene. The see of Canterbury was vacant, and Richard from his prison bestowed it on Hubert Walter, the Bishop of Salisbury, a nephew of Ranulf de Glanvill, and who had acted as secretary to Bishop Longchamp. Hubert's ability was seen in the skill with which he held John at bay and raised the enormous ransom which Henry demanded, the whole people, clergy as well as lay, paying a fourth of their moveable goods. To gain his release however Richard was forced besides this payment of ransom to do homage to the Emperor, not only for the kingdom of Arles with which Henry invested him but for England itself, whose crown he resigned into the Emperor's hands and received back as a fief. But John's open revolt made even these terms welcome, and Richard hurried to England in the spring of 1194. He found the rising already quelled by the decision with which the Primate led an army against John's castles, and his landing was followed by his brother's complete submission.

[Sidenote: Richard and Philip]

The firmness of Hubert Walter had secured order in England, but oversea Richard found himself face to face with dangers which he was too clear-sighted to undervalue. Destitute of his father's administrative genius, less ingenious in his political conceptions than John, Richard was far from being a mere soldier. A love of adventure, a pride in sheer physical strength, here and there a romantic generosity, jostled roughly with the craft, the unscrupulousness, the violence of his race; but he was at heart a statesman, cool and patient in the execution of his plans as he was bold in their conception. "The devil is loose; take care of yourself," Philip had written to John at the news of Richard's release. In the French king's case a restless ambition was spurred to action by insults which he had borne during the Crusade. He had availed himself of Richard's imprisonment to invade Normandy, while the lords of Aquitaine rose in open revolt under the troubadour Bertrand de Born. Jealousy of the rule of strangers, weariness of the turbulence of the mercenary soldiers of the Angevins or of the greed and oppression of their financial administration, combined with an impatience of their firm government and vigorous justice to alienate the nobles of their provinces on the Continent. Loyalty among the people there was none; even Anjou, the home of their race, drifted towards Philip as steadily as Poitou. But in warlike ability Richard was more than Philip's peer. He held him in check on the Norman frontier and surprised his treasure at Freteval while he reduced to submission the rebels of Aquitaine. Hubert Walter gathered vast sums to support the army of mercenaries which Richard led against his foes. The country groaned under its burdens, but it owned the justice and firmness of the Primate's rule, and the measures which he took to procure money with as little oppression as might be proved steps in the education of the nation in its own self-government. The taxes were assessed by a jury of sworn knights at each circuit of the justices; the grand jury of the county was based on the election of knights in the hundred courts; and the keeping of pleas of the crown was taken from the sheriff and given to a newly-elected officer, the coroner. In these elections were found at a later time precedents for parliamentary representation; in Hubert's mind they were doubtless intended to do little more than reconcile the people to the crushing taxation. His work poured a million into the treasury, and enabled Richard during a short truce to detach Flanders by his bribes from the French alliance, and to unite the Counts of Chartres, Champagne, and Boulogne with the Bretons in a revolt against Philip. He won a yet more valuable aid in the election of his nephew Otto of Saxony, a son of Henry the Lion, to the German throne, and his envoy William Longchamp knitted an alliance which would bring the German lances to bear on the King of Paris.

[Sidenote: Chateau Gaillard]

But the security of Normandy was requisite to the success of these wider plans, and Richard saw that its defence could no longer rest on the loyalty of the Norman people. His father might trace his descent through Matilda from the line of Hrolf, but the Angevin ruler was in fact a stranger to the Norman. It was impossible for a Norman to recognize his Duke with any real sympathy in the Angevin prince whom he saw moving along the border at the head of Brabancon mercenaries, in whose camp the old names of the Norman baronage were missing and Merchade, a Provencal ruffian, held supreme command. The purely military site that Richard selected for a new fortress with which he guarded the border showed his realization of the fact that Normandy could now only be held by force of arms. As a monument of warlike skill his "Saucy Castle," Chateau Gaillard, stands first among the fortresses of the Middle Ages. Richard fixed its site where the Seine bends suddenly at Gaillon in a great semicircle to the north, and where the valley of Les Andelys breaks the line of the chalk cliffs along its banks. Blue masses of woodland crown the distant hills; within the river curve lies a dull reach of flat meadow, round which the Seine, broken with green islets and dappled with the grey and blue of the sky, flashes like a silver bow on its way to Rouen. The castle formed part of an entrenched camp which Richard designed to cover his Norman capital. Approach by the river was blocked by a stockade and a bridge of boats, by a fort on the islet in mid stream, and by a fortified town which the king built in the valley of the Gambon, then an impassable marsh. In the angle between this valley and the Seine, on a spur of the chalk hills which only a narrow neck of land connects with the general plateau, rose at the height of three hundred feet above the river the crowning fortress of the whole. Its outworks and the walls which connected it with the town and stockade have for the most part gone, but time and the hand of man have done little to destroy the fortifications themselves—the fosse, hewn deep into the solid rock, with casemates hollowed out along its sides, the fluted walls of the citadel, the huge donjon looking down on the brown roofs and huddled gables of Les Andelys. Even now in its ruin we can understand the triumphant outburst of its royal builder as he saw it rising against the sky: "How pretty a child is mine, this child of but one year old!"

[Sidenote: Richard's death]

The easy reduction of Normandy on the fall of Chateau Gaillard at a later time proved Richard's foresight; but foresight and sagacity were mingled in him with a brutal violence and a callous indifference to honour. "I would take it, were its walls of iron," Philip exclaimed in wrath as he saw the fortress rise. "I would hold it, were its walls of butter," was the defiant answer of his foe. It was Church land and the Archbishop of Rouen laid Normandy under interdict at its seizure, but the king met the interdict with mockery, and intrigued with Rome till the censure was withdrawn. He was just as defiant of a "rain of blood," whose fall scared his courtiers. "Had an angel from heaven bid him abandon his work," says a cool observer, "he would have answered with a curse." The twelve months' hard work, in fact, by securing the Norman frontier set Richard free to deal his long-planned blow at Philip. Money only was wanting; for England had at last struck against the continued exactions. In 1198 Hugh, Bishop of Lincoln, brought nobles and bishops to refuse a new demand for the maintenance of foreign soldiers, and Hubert Walter resigned in despair. A new justiciar, Geoffry Fitz-Peter, Earl of Essex, extorted some money by a harsh assize of the forests; but the exchequer was soon drained, and Richard listened with more than the greed of his race to rumours that a treasure had been found in the fields of the Limousin. Twelve knights of gold seated round a golden table were the find, it was said, of the Lord of Chalus. Treasure-trove at any rate there was, and in the spring of 1199 Richard prowled around the walls. But the castle held stubbornly out till the king's greed passed into savage menace. He would hang all, he swore—man, woman, the very child at the breast. In the midst of his threats an arrow from the walls struck him down. He died as he had lived, owning the wild passion which for seven years past had kept him from confession lest he should be forced to pardon Philip, forgiving with kingly generosity the archer who had shot him.

[Sidenote: Loss of Normandy]

The Angevin dominion broke to pieces at his death. John was acknowledged as king in England and Normandy, Aquitaine was secured for him by its duchess, his mother Eleanor; but Anjou, Maine, and Touraine did homage to Arthur, the son of his elder brother Geoffry, the late Duke of Britanny. The ambition of Philip, who protected his cause, turned the day against Arthur; the Angevins rose against the French garrisons with which the French king practically annexed the country, and in May 1200 a treaty between the two kings left John master of the whole dominion of his house. But fresh troubles broke out in Poitou; Philip, on John's refusal to answer the charges of the Poitevin barons at his Court, declared in 1202 his fiefs forfeited; and Arthur, now a boy of fifteen, strove to seize Eleanor in the castle of Mirebeau. Surprised at its siege by a rapid march of the king, the boy was taken prisoner to Rouen, and murdered there in the spring of 1203, as men believed, by his uncle's hand. This brutal outrage at once roused the French provinces in revolt, while Philip sentenced John to forfeiture as a murderer, and marched straight on Normandy. The ease with which the conquest of the Duchy was effected can only be explained by the utter absence of any popular resistance on the part of the Normans themselves. Half a century before the sight of a Frenchman in the land would have roused every peasant to arms from Avranches to Dieppe. But town after town surrendered at the mere summons of Philip, and the conquest was hardly over before Normandy settled down into the most loyal of the provinces of France. Much of this was due to the wise liberality with which Philip met the claims of the towns to independence and self-government, as well as to the overpowering force and military ability with which the conquest was effected. But the utter absence of opposition sprang from a deeper cause. To the Norman his transfer from John to Philip was a mere passing from one foreign master to another, and foreigner for foreigner Philip was the less alien of the two. Between France and Normandy there had been as many years of friendship as of strife; between Norman and Angevin lay a century of bitterest hate. Moreover, the subjection to France was the realization in fact of a dependence which had always existed in theory; Philip entered Rouen as the overlord of its dukes; while the submission to the house of Anjou had been the most humiliating of all submissions, the submission to an equal. In 1204 Philip turned on the south with as startling a success. Maine, Anjou, and Touraine passed with little resistance into his hands, and the death of Eleanor was followed by the submission of the bulk of Aquitaine. Little was left save the country south of the Garonne; and from the lordship of a vast empire that stretched from the Tyne to the Pyrenees John saw himself reduced at a blow to the realm of England.

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