diff options
| author | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:34:44 -0700 |
|---|---|---|
| committer | Roger Frank <rfrank@pglaf.org> | 2025-10-15 04:34:44 -0700 |
| commit | 42d993f1af2a913401847e2293916ac7f05f6475 (patch) | |
| tree | cb3abf02bda363266632c940578139768ac28d9b | |
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 10574-0.txt | 22446 | ||||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 | ||||
| -rw-r--r-- | old/10574-8.txt | 22874 | ||||
| -rw-r--r-- | old/10574-8.zip | bin | 0 -> 519572 bytes | |||
| -rw-r--r-- | old/10574.txt | 22874 | ||||
| -rw-r--r-- | old/10574.zip | bin | 0 -> 519339 bytes |
8 files changed, 68210 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/10574-0.txt b/10574-0.txt new file mode 100644 index 0000000..070a653 --- /dev/null +++ b/10574-0.txt @@ -0,0 +1,22446 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 10574 *** + +Transcriber's Note: + + Like much 18th and 19th century publishing, the edition of + David Hume's "History of England" from which this text was + prepared makes extensive use of both footnotes and marginal + notes. Since this e-text format does not allow use of the + original superscripts to denote the lettered footnotes, they + are indicated by the relevant letter within brackets, thus + "[a]", and the footnotes themselves are reproduced within + brackets and preceded by "FN" at the end of the PARAGRAPH to + which they relate; since some of Hume's paragraphs are + considerably longer than is normal in 21st century American or + British writing, you may have to scroll some distance to find + the text of the footnote. All footnotes are reproduced + exactly as in the printed text. + + More discretion has been exercised regarding marginal notes. + Those which simply repeat chapter numbers and dates already + given in the text are omitted as non-essential clutter. The + remainder are reproduced within brackets and preceded by "MN". + Those marginal notes which appear to correspond to sub-chapter + headings are reproduced as the first line of the paragraph to + which they relate. Other marginal notes are reproduced within + the text of the paragraph. Some apparently incomplete + marginal notes ending or beginning with ellipses are due to + cases where what is logically a single marginal note has been + broken into two or more pieces separated by a considerable + vertical distance. + + + + +THE HISTORY OF ENGLAND, VOLUME I + +From the Invasion of Julius Caesar to the Revolution in 1688 + +by + +DAVID HUME, ESQ. + +With the Author's Last Corrections and Improvements, to which is +prefixed a Short Account of His Life Written by Himself + + + +COMPLETE IN SIX VOLUMES + + + + + + + +MY OWN LIFE. + +It is difficult for a man to speak long of himself without vanity; +therefore I shall be short. It may be thought an instance of vanity +that I pretend at all to write my life; but this narrative shall +contain little more than the history of my writings; as, indeed, +almost all my life has been spent in literary pursuits and +occupations. The first success of most of my writings was not such as +to be an object of vanity. + +I was born the 26th of April, 1711, old style, at Edinburgh. I was of +a good family, both by father and mother: my father's family is a +branch of the Earl of Home's, or Hume's; and my ancestors had been +proprietors of the estate which my brother possesses, for several +generations. My mother was daughter of Sir David Falconer, President +of the College of Justice: the title of Lord Halkerton came by +succession to her brother. + +My family, however, was not rich; and being myself a younger brother, +my patrimony, according to the mode of my country, was of course very +slender. My father, who passed for a man of parts, died when I was an +infant, leaving me, with an elder brother and a sister, under the care +of our mother, a woman of singular merit, who, though young and +handsome, devoted herself entirely to the rearing and educating of her +children. I passed through the ordinary course of education with +success, and was seized very early with a passion for literature, +which has been the ruling passion of my life, and the great source of +my enjoyments. My studious disposition, my sobriety, and my industry, +gave my family a notion that the law was a proper profession for me; +but I found an unsurmountable aversion to every thing but the pursuits +of philosophy and general learning; and while they fancied I was +poring upon Voet and Vinnius, Cicero and Virgil were the authors which +I was secretly devouring. + +My very slender fortune, however, being unsuitable to this plan of +life, and my health being a little broken by my ardent application, I +was tempted, or rather forced, to make a very feeble trial for +entering into a more active scene of life. In 1734 I went to Bristol, +with some recommendations to several merchants; but in a few months +found that scene totally unsuitable to me. I went over to France with +a view of prosecuting my studies in a country retreat; and I there +laid that plan of life which I have steadily and successfully pursued. +I resolved to make a very rigid frugality supply my deficiency of +fortune, to maintain unimpaired my independency, and to regard every +object as contemptible, except the improvement of my talents in +literature. + +During my retreat in France, first at Rheims but chiefly at La Fleche, +in Anjou, I composed my Treatise of Human Nature. After passing three +years very agreeably in that country, I came over to London in 1737. +In the end of 1738 I published my Treatise, and immediately went down +to my mother and my brother, who lived at his country-house, and +employed himself very judiciously and successfully in the improvement +of his fortune. + +Never literary attempt was more unfortunate than my Treatise of Human +Nature. It fell DEAD-BORN FROM THE PRESS, without reaching such +distinction as even to excite a murmur among the zealots. But being +naturally of a cheerful and sanguine temper, I very soon recovered the +blow, and prosecuted with great ardour my studies in the country. In +1742 I printed at Edinburgh the first part of my Essays: the work was +favourably received, and soon made me entirely forget my former +disappointment. I continued with my mother and brother in the +country, and in that time recovered the knowledge of the Greek +language, which I had too much neglected in my early youth. + +In 1745 I received a letter from the Marquis of Annandale, inviting me +to come and live with him in England; I found, also, that the friends +and family of that young nobleman were desirous of putting him under +my care and direction, for the state of his mind and health required +it.--I lived with him a twelve-month. My appointments during that +time made a considerable accession to my small fortune. I then +received an invitation from General St. Clair to attend him as a +secretary to his expedition, which was at first meant against Canada, +but ended in an incursion on the coast of France. Next year, to wit, +1747, I received an invitation from the general to attend him in the +same station in his military embassy to the courts of Vienna and +Turin. I then wore the uniform of an officer, and was introduced at +these courts as aide-de-camp to the general, along with Sir Harry +Erskine and Captain Grant, now General Grant. These two years were +almost the only interruptions which my studies have received during +the course of my life: I passed them agreeably and in good company; +and my appointments, with my frugality, had made me reach a fortune +which I called independent, though most of my friends were inclined to +smile when I said so: in short, I was now master of near a thousand +pounds. + +I had always entertained a notion, that my want of success in +publishing the Treatise of Human Nature, had proceeded more from the +manner than the matter, and that I had been guilty of a very usual +indiscretion, in going to the press too early. I therefore cast the +first part of that work anew in the Enquiry concerning Human +Understanding, which was published while I was at Turin. But this +piece was at first little more successful than the Treatise of Human +Nature. On my return from Italy, I had the mortification to find all +England in a ferment, on account of Dr. Middleton's Free Enquiry, +while my performance was entirely over-looked and neglected. A new +edition which had been published in London, of my Essays, moral and +political, met not with a much better reception. + +Such is the force of natural temper, that these disappointments made +little or no impression on me. I went down in 1749, and lived two +years with my brother at his country-house, for my mother was now +dead. I there composed the second part of my Essay, which I called +Political Discourses, and also my Enquiry concerning the Principles of +Morals, which is another part of my treatise that I cast anew. +Meanwhile my bookseller, A. Miller, informed me that my former +publications (all but the unfortunate Treatise) were beginning to be +the subject of conversation; that the sale of them was gradually +increasing; and that new editions were demanded. Answers by Reverends +and Right Reverends came out two or three in a year; and I found, by +Dr. Warburton's railing, that the books were beginning to be esteemed +in good company. However, I had a fixed resolution, which I +inflexibly maintained, never to reply to any body; and not being very +irascible in my temper, I have easily kept myself clear of all +literary squabbles. These symptoms of a rising reputation gave me +encouragement, as I was ever more disposed to see the favourable than +the unfavourable side of things; a turn of mind which it is more happy +to possess, than to be born to an estate of ten thousand a year. + +In 1751 I removed from the country to the town, the true scene for a +man of letters. In 1752 were published at Edinburgh, where I then +lived, my Political Discourses, the only work of mine that was +successful on the first publication. It was well received at home and +abroad. In the same year was published, in London, my Enquiry +concerning the Principles of Morals; which, in my own opinion, (who +ought not to judge on that subject,) is of all my writings, +historical, philosophical, or literary, incomparably the best. It +came unnoticed and unobserved into the world. + +In 1752 the Faculty of Advocates chose me their librarian; an office +from which I received little or no emolument, but which gave me the +command of a large library. I then formed the plan of writing the +History of England; but being frightened with the notion of continuing +a narrative through a period of one thousand seven hundred years, I +commenced with the accession of the house of Stuart, an epoch when, I +thought, the misrepresentations of faction began chiefly to take +place. I was, I own, sanguine in my expectations of the success of +this work. I thought that I was the only historian that had at once +neglected present power, interest, and authority, and the cry of +popular prejudices; and as the subject was suited to every capacity, +I expected proportional applause. But miserable was my +disappointment: I was assailed by one cry of reproach, disapprobation, +and even detestation; English, Scotch, and Irish, whig and tory, +churchman and sectary, freethinker and religionist, patriot and +courtier, united in their rage against the man who had presumed to +shed a generous tear for the fate of Charles I. and the Earl of +Strafford; and after the first ebullitions of their fury were over, +what was still more mortifying, the book seemed to sink into oblivion. +Mr. Miller told me, that in a twelvemonth he sold only forty-five +copies of it. I scarcely, indeed, heard of one man in the three +kingdoms, considerable for rank or letters, that could endure the +book. I must only except the primate of England, Dr. Herring, and the +primate of Ireland, Dr. Stone, which seem two odd exceptions. These +dignified prelates separately sent me a message not to be discouraged. + +I was, however, I confess, discouraged; and had not the war at that +time been breaking out between France and England, I had certainly +retired to some provincial town of the former kingdom, have changed my +name, and never more have returned to my native country. But as this +scheme was not now practicable, and the subsequent volume was +considerably advanced, I resolved to pick up courage and to persevere. + +In this interval I published at London my Natural History of Religion, +along with some other small pieces: its public entry was rather +obscure, except only that Dr. Hurd wrote a pamphlet against it, with +all the illiberal petulance, arrogance, and scurrility, which +distinguish the Warburtonian school. This pamphlet gave me some +consolation for the otherwise indifferent reception of my performance. + +In 1756, two years after the fall of the first volume, was published +the second volume of my History, containing the period from the death +of Charles I. till the Revolution. This performance happened to give +less displeasure to the whigs, and was better received. It not only +rose itself, but helped to buoy up its unfortunate brother. + +But though I had been taught by experience, that the whig party were +in possession of bestowing all places, both in the state and in +literature, I was so little inclined to yield to their senseless +clamour, that in above a hundred alterations, which farther study, +reading, or reflection, engaged me to make in the reigns of the two +first Stuarts, I have made all of them invariably to the tory side. +It is ridiculous to consider the English constitution before that +period as a regular plan of liberty. + +In 1759 I published my History of the House of Tudor. The clamour +against this performance was almost equal to that against the History +of the two first Stuarts. The reign of Elizabeth was particularly +obnoxious. But I was now callous against the impressions of public +folly, and continued very peaceably and contentedly in my retreat in +Edinburgh, to finish, in two volumes, the more early part of the +English History, which I gave to the public in 1761, with tolerable, +and but tolerable, success. + +But notwithstanding this variety of winds and seasons to which my +writings have been exposed, they had still been making such advances, +that the copy-money given me by the booksellers much exceeded any +thing formerly known in England: I retired to my native country of +Scotland, determined never more to set my foot out of it; and +retaining the satisfaction of never having preferred a request to one +great man, or even making advances of friendship to any of them. As I +was now turned of fifty, I thought of passing all the rest of my life +in this philosophical manner, when I received, in 1763, an invitation +from the Earl of Hertford, with whom I was not in the least +acquainted, to attend him on his embassy to Paris, with a near +prospect of being appointed secretary to the embassy; and, in the +meanwhile, of performing the functions of that office. This offer, +however inviting, I at first declined, both because I was reluctant to +begin connexions with the great, and because I was afraid that the +civilities and gay company of Paris would prove disagreeable to a +person of my age and humour: but on his lordship's repeating the +invitation, I accepted of it. I have every reason, both of pleasure +and interest, to think myself happy in my connexions with that +nobleman, as well as afterwards with his brother General Conway. + +Those who have not seen the strange effects of modes will never +imagine the reception I met with at Paris, from men and women of all +ranks and stations. The more I resiled from their excessive +civilities, the more I was loaded with them. There is, however, a +real satisfaction in living at Paris, from the great number of +sensible, knowing, and polite company with which that city abounds +above all places in the universe. I thought once of settling there +for life. + +I was appointed secretary to the embassy; and in summer, 1765, Lord +Hertford left me, being appointed Lord Lieutenant of Ireland. I was +chargé d'affaires till the arrival of the Duke of Richmond, towards +the end of the year. In the beginning of 1766 I left Paris, and next +summer went to Edinburgh, with the same view as formerly of burying +myself in a philosophical retreat. I returned to that place, not +richer, but with much more money, and a much larger income, by means +of Lord Hertford's friendship, than I left it; and I was desirous of +trying what superfluity could produce, as I had formerly made an +experiment of a competency. But in 1767 I received from Mr. Conway an +invitation to be under-secretary; and this invitation, both the +character of the person, and my connexions with Lord Hertford, +prevented me from declining. I returned to Edinburgh in 1769, very +opulent, (for I possessed a revenue of 1000L. a year,) healthy, and, +though somewhat stricken in years, with the prospect of enjoying long +my ease, and of seeing the increase of my reputation. + +In spring, 1775, I was struck with a disorder in my bowels, which at +first gave me no alarm, but has since, as I apprehend it, become +mortal and incurable. I now reckon upon a speedy dissolution. I have +suffered very little pain from my disorder; and what is more strange +have, notwithstanding the great decline of my person, never suffered a +moment's abatement of my spirits, inasmuch that were I to name a +period of my life which I should most choose to pass over again, I +might be tempted to point to this later period. I possess the same +ardour as ever in study, and the same gaiety in company. I consider, +besides, that a man of sixty-five, by dying, cuts off only a few years +of infirmities; and though I see many symptoms of my literary +reputation's breaking out at last with additional lustre, I know that +I could have but few years to enjoy it. It is difficult to be more +detached from life than I am at present. + +To conclude historically with my own character. I am, or rather was, +(for that is the style I must now use in speaking of myself, which +emboldens me the more to speak my sentiments)--I was, I say, a man of +mild disposition, of command of temper, of an open, social, and +cheerful humour, capable of attachment, but little susceptible of +enmity, and of great moderation in all my passions. Even my love of +literary fame, my ruling passion, never soured my temper, +notwithstanding my frequent disappointments. My company was not +unacceptable to the young and careless, as well as to the studious and +literary; and as I took a particular pleasure in the company of modest +women, I had no reason to be displeased with the reception I met with +from them. In a word, though most men, anywise eminent, have found +reason to complain of calumny, I never was touched, or even attacked +by her baleful tooth; and though I wantonly exposed myself to the rage +of both civil and religious factions, they seemed to be disarmed in my +behalf of their wonted fury. My friends never had occasion to +vindicate any one circumstance of my character and conduct: not but +that the zealots, we may well suppose, would have been glad to invent +and propagate any story to my disadvantage, but they could never find +any which they thought would wear the face of probability. I cannot +say there is no vanity in making this funeral oration of myself; but I +hope it is not a misplaced one; and this is a matter of fact which is +easily cleared and ascertained. + + +April 18, 1776. + + + + +LETTER + +FROM + +ADAM SMITH. LL. D. + +To + +WILLIAM STRAHAN, ESQ. + + +Kirkaldy, Fifeshire, Nov. 9, 1776 + +DEAR SIR, + +It is with a real, though a very melancholy pleasure, that I sit down +to give you some account of the behaviour of our late excellent +friend, Mr. Hume, during his last illness. + +Though in his own judgment his disease was mortal and incurable, yet +he allowed himself to be prevailed upon, by the entreaty of his +friends, to try what might be the effects of a long journey. A few +days before he set out, he wrote that account of his own life, which, +together with his other papers, he has left to your care. My account, +therefore, shall begin where his ends. + +He set out for London towards the end of April, and at Morpeth met +with Mr. John Home, and myself, who had both come down from London on +purpose to see him, expecting to have found him at Edinburgh. Mr. +Home returned with him, and attended him, during the whole of his stay +in England, with that care and attention which might be expected from +a temper so perfectly friendly and affectionate. As I had written to +my mother that she might expect me in Scotland, I was under the +necessity of continuing my journey. His disease seemed to yield to +exercise and change of air, and when he arrived in London, he was +apparently in much better health than when he left Edinburgh. He was +advised to go to Bath to drink the waters, which appeared for some +time to have so good an effect upon him, that even he himself began to +entertain, what he was not apt to do, a better opinion of his own +health. His symptoms, however, soon returned with their usual +violence, and from that moment he gave up all thoughts of recovery, +but submitted with the utmost cheerfulness, and the most perfect +complacency and resignation. Upon his return to Edinburgh, though he +found himself much weaker, yet his cheerfulness never abated, and he +continued to divert himself, as usual, with correcting his own works +for a new edition, with reading books of amusement, with the +conversation of his friends, and sometimes in the evening with a party +at his favourite game of whist. His cheerfulness was so great, and +his conversation and amusements ran so much in their usual strain, +that, notwithstanding all bad symptoms, many people could not believe +he was dying. "I shall tell your friend, Colonel Edmonstone," said +Doctor Dundas to him one day, "that I left you much better, and in a +fair way of recovery." "Doctor," said he, "as I believe you would not +choose to tell any thing but the truth, you had better tell him, that +I am dying as fast as my enemies, if I have any, could wish, and as +easily and cheerfully as my best friends could desire." Colonel +Edmonstone soon afterwards came to see him, and take leave of him; and +on his way home he could not forbear writing him a letter, bidding him +once more an eternal adieu, and applying to him, as to a dying man, +the beautiful French verses in which the Abbé Chaulieu, in expectation +of his own death, laments his approaching separation from his friend +the Marquis de la Fare. Mr. Hume's magnanimity and firmness were +such, that his most affectionate friends knew that they hazarded +nothing in talking or writing to him as to a dying man, and that, so +far from being hurt by this frankness, he was rather pleased and +flattered by it. I happened to come into his room while he was +reading this letter, which he had just received, and which he +immediately showed me. I told him, that though I was sensible how +very much he was weakened, and that appearances were in many respects +very bad, yet his cheerfulness was still so great, the spirit of life +seemed still to be so very strong in him, that I could not help +entertaining some faint hopes. He answered, "Your hopes are +groundless. An habitual diarrhoea of more than a year's standing +would be a very bad disease at any age: at my age it is a mortal one. +When I lie down in the evening I feel myself weaker than when I rose +in the morning, and when I rise in the morning weaker than when I lay +down in the evening. I am sensible, besides, that some of my vital +parts are affected, so that I must soon die." "Well," said I, "if it +must be so, you have at least the satisfaction of leaving all your +friends, your brother's family in particular, in great prosperity." +He said that he felt that satisfaction so sensibly, that when he was +reading, a few days before, Lucian's Dialogues of the Dead, among all +the excuses which are alleged to Charon for not entering readily into +his boat, he could not find one that fitted him; he had no house to +finish, he had no daughter to provide for, he had no enemies upon whom +he wished to revenge himself. "I could not well imagine," said he, +"what excuse I could make to Charon in order to obtain a little +delay. I have done every thing of consequence which I ever meant to +do, and I could at no time expect to leave my relations and friends in +a better situation than that in which I am now likely to leave them: I +therefore have all reason to die contented." He then diverted himself +with inventing several jocular excuses, which he supposed he might +make to Charon, and with imagining the very surly answers which it +might suit the character of Charon to return to them. "Upon further +consideration," said he, "I thought I might say to him, 'Good Charon, +I have been correcting my works for a new edition. Allow me a little +time, that I may see how the public receives the alterations.' But +Charon would answer, 'When you have seen the effect of these, you will +be for making other alterations. There will be no end of such +excuses; so, honest friend, please step into the boat.' But I might +still urge, 'Have a little patience, good Charon, I have been +endeavouring to open the eyes of the public. If I live a few years +longer, I may have the satisfaction of seeing the downfall of some of +the prevailing systems of superstition.' But Charon would then lose +all temper and decency--'You loitering rogue, that will not happen +these many hundred years. Do you fancy I will grant you a lease for +so long a term? Get into the boat this instant, you lazy, loitering +rogue.'" + +But though Mr. Hume always talked of his approaching dissolution with +great cheerfulness, he never affected to make any parade of his +magnanimity. He never mentioned the subject, but when the +conversation naturally led to it, and never dwelt longer upon it than +the course of the conversation happened to require. It was a subject, +indeed, which occurred pretty frequently, in consequence of the +inquiries which his friends, who came to see him, naturally made +concerning the state of his health. The conversation which I +mentioned above, and which passed on Thursday the 8th of August, was +the last, except one, that I ever had with him. He had now become so +very weak, that the company of his most intimate friends fatigued him; +for his cheerfulness was still so great, his complaisance and social +disposition were still so entire, that when any friend was with him, +he could not help talking more, and with greater exertion, than suited +the weakness of his body. At his own desire, therefore, I agreed to +leave Edinburgh, where I was staying partly upon his account, and +returned to my mother's house here, at Kirkaldy, upon condition that +he would send for me whenever he wished to see me; the physician who +saw him most frequently, Dr. Black, undertaking in the mean time to +write me occasionally an account of the state of his health. + +On the 22d of August, the doctor wrote me the following letter: + +"Since my last, Mr. Hume has passed his time pretty easily, but is +much weaker. He sits up, goes down stairs once a day, and amuses +himself with reading, but seldom sees any body. He finds, that the +conversation of his most intimate friends fatigues and oppresses him; +and it is happy that he does not need it, for he is quite free from +anxiety, impatience, or low spirits, and passes his time very well +with the assistance of amusing books." + +I received the day after a letter from Mr. Hume himself, of which the +following is an extract: + +"Edinburgh, Aug. 23, 1776 + +"MY DEAREST FRIEND, + +"I am obliged to make use of my nephew's hand in writing to you, as I +do not rise to-day. * * * * * * * * * * * * * * * + +"I go very fast to decline, and last night had a small fever, which I +hoped might put a quicker period to this tedious illness; but, +unluckily, it has in a great measure gone off. I cannot submit to +your coming over here on my account, as it is possible for me to see +you so small a part of the day; but Dr. Black can better inform you +concerning the degree of strength which may from time to time remain +with me. + +"Adieu, &c." + +Three days after, I received the following letter from Dr. Black: + +"Edinburgh, Monday, Aug. 26, 1776. + +"DEAR SIR, + +"Yesterday, about four o'clock, afternoon, Mr. Hume expired. The near +approach of his death became evident in the night between Thursday and +Friday, when his disease became excessive, and soon weakened him so +much, that he could no longer rise out of his bed. He continued to +the last perfectly sensible, and free from much pain or feelings of +distress. He never dropped the smallest expression of impatience; but +when he had occasion to speak to the people about him, always did it +with affection and tenderness. I thought it improper to write to +bring you over, especially as I heard that he had dictated a letter to +you, desiring you not to come. When he became very weak, it cost him +an effort to speak, and he died in such a happy composure of mind that +nothing could exceed it." + +Thus died our most excellent and never to be forgotten friend; +concerning whose philosophical opinions men will no doubt judge +variously, every one approving or condemning them, according as they +happen to coincide or disagree with his own; but concerning whose +character and conduct there can scarce be a difference of opinion. +His temper, indeed, seemed to be more happily balanced, if I may be +allowed such an expression, than that perhaps of any other man I have +ever known. Even in the lowest state of his fortune, his great and +necessary frugality never hindered him from exercising, upon proper +occasions, acts both of charity and generosity. It was a frugality +founded not upon avarice, but upon the love of independency. The +extreme gentleness of his nature never weakened either the firmness of +his mind, or the steadiness of his resolutions. His constant +pleasantry was the genuine effusion of good-nature and good-humour, +tempered with delicacy and modesty, and without even the slightest +tincture of malignity, so frequently the disagreeable source of what +is called wit in other men. It never was the meaning of his raillery +to mortify; and therefore, far from offending, it seldom failed to +please and delight even those who were the objects of it. To his +friends, who were frequently the objects of it, there was not perhaps +one of all his great and amiable qualities which contributed more to +endear his conversation. And that gaiety of temper, so agreeable in +society, but which is so often accompanied with frivolous and +superficial qualities, was in him certainly attended with the most +severe application, the most extensive learning, the greatest depth of +thought, and a capacity in every respect the most comprehensive. Upon +the whole, I have always considered him, both in his lifetime and +since his death, as approaching as nearly to the idea of a perfectly +wise and virtuous man as perhaps the nature of human frailty will +permit. + +I ever am, dear Sir, + +Most affectionately yours, + +ADAM SMITH. + + + + +CONTENTS OF VOLUME I + + + +CHAPTER I. + +The Britons.--Romans.--Saxons.--The Heptarchy.--The Kingdom of Kent-- +of Northumberland--of East Anglia--of Mercia--of Essex--of Sussex--of +Wessex + + +CHAPTER II. + +Egbert.--Ethelwolf.--Ethelbald and Ethelbert.--Ethered.--Alfred the +Great.--Edward the Elder.--Athelstan.--Edmund.-Edred.--Edwy.--Edgar.-- +Edward the Martyr + + +CHAPTER III. + +Ethelred.--Settlement of the Normans.--Edmund Ironside.--Canute.-- +Harold Harefoot.--Hardicanute.--Edward the Confessor.--Harold + + +APPENDIX I. + +THE ANGLO-SAXON GOVERNMENT AND MANNERS. + +First Saxon Government.--Succession of the Kings.--The Wittenagemot.-- +The Aristocracy.--The several Orders of Men.--Courts of Justice.-- +Criminal Law.--Rules of Proof.-Military Force.--Public Revenue.--Value +of Money.--Manners + + +CHAPTER IV. + +WILLIAM THE CONQUEROR + +Consequences of the Battle of Hastings.--Submission of the English.-- +Settlement of the Government.--King's Return to Normandy.--Discontents +of the English.--Their Insurrections.--Rigours of the Norman +Government.--New Insurrections.-New Rigours of the Government.-- +Introduction of the Feudal Law.--Innovation in Ecclesiastical +Government.--Insurrection of the Norman Barons.--Dispute about +Investitures.--Revolt of Prince Robert.--Domesday-Book.--The New +Forest.--War with France.--Death and Character of William the +Conqueror + + +CHAPTER V + +WILLIAM RUFUS + +Accession of William Rufus.--Conspiracy against the King.--Invasion of +Normandy.--The Crusades.--Acquisition of Normandy.--Quarrel with +Anselm, the Primate.--Death and Character of William Rufus + + +CHAPTER VI. + +HENRY I. + +The Crusades.--Accession of Henry.--Marriage of the King.--Invasion by +Duke Robert.--Accommodation with Robert.--Attack of Normandy.-- +Conquest of Normandy.--Continuation of the Quarrel with Anselm, the +Primate.--Compromise with him.--Wars abroad.--Death of Prince +William.--King's second Marriage.--Death and Character of Henry + + +CHAPTER VII. + +STEPHEN + +Accession of Stephen.--War with Scotland.--Insurrection in favour of +Matilda.--Stephen taken Prisoner.--Matilda crowned.--Stephen +released.--Restored to the Crown.--Continuation of the Civil Wars.-- +Compromise between the King and Prince Henry.--Death of the King + + +CHAPTER VIII. + +HENRY II. + +State of Europe--of France.--First Acts of Henry's Government.-- +Disputes between the Civil and Ecclesiastical Powers.-Thomas à Becket, +Archbishop of Canterbury.--Quarrel between the King and Becket.-- +Constitutions of Clarendon.--Banishment of Becket.--Compromise with +him.--His return from Banishment.-His Murder.--Grief and Submission of +the King + + +CHAPTER IX. + +State of Ireland.--Conquest of that Island.--The King's Accommodation +with the Court of Rome.--Revolt of young Henry and his brothers.-- +Wars and Insurrections.--War with Scotland.--Penance of Henry for +Becket's Murder.--William, King of Scotland, defeated and taken +Prisoner.--The King's Accommodation with his Sons.--The King's +equitable Administration.--Crusades.--Revolt of Prince Richard.--Death +and Character of Henry.--Miscellaneous Transactions of his Reign + + +CHAPTER X. + +RICHARD I. + +The King's Preparations for the Crusade.--Sets out on the Crusade.-- +Transactions in Sicily.--King's Arrival in Palestine.--State of +Palestine.--Disorders in England.--The King's Heroic Actions in +Palestine.--His Return from Palestine.--Captivity in Germany.--War +with France.--The King's Delivery.--Return to England.--War with +France.--Death and Character of the King.--Miscellaneous Transactions +of this Reign + + +CHAPTER XI. + +JOHN + +Accession of the King.--His Marriage.--War with France.--Murder of +Arthur, Duke of Britany.--The King expelled the French Provinces.--The +King's Quarrel with the Court of Rome.--Cardinal Langton appointed +Archbishop of Canterbury.--Interdict of the Kingdom.--Excommunication +of the King.-The King's Submission to the Pope.--Discontents of the +Barons.--Insurrection of the Barons.--Magna Carta.--Renewal of the +Civil Wars.--Prince Lewis called over.--Death and Character of the +King + + +APPENDIX II. + +THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. + +Origin of the Feudal Law.--Its Progress.--Feudal Government of +England.--The Feudal Parliament.--The Commons.-Judicial Power.-- +Revenue of the Crown.--Commerce.--The Church.--Civil Laws.--Manners + + +CHAPTER XII. + +HENRY III. + +Settlement of the Government.--General Pacification.--Death of the +Protector.--Some Commotions.--Hubert de Burgh displaced.--The Bishop +of Winchester Minister.--King's Partiality to Foreigners.-- +Grievances.--Ecclesiastical Grievances.--Earl of Cornwall elected King +of the Romans.--Discontent of the Barons--Simon de Mountfort, Earl of +Leicester.--Provisions of Oxford.--Usurpation of the Barons.--Prince +Edward.--Civil Wars of the Barons.--Reference to the King of France.-- +Renewal of the Civil Wars.--Battle of Lewes.--House of Commons.-- +Battle of Evesham and death of Leicester.--Settlement of the +Government.--Death and Character of the King.--Miscellaneous +Transactions of this Reign + + + + + + + + +CHAPTER I. + +THE BRITONS.--ROMANS.--SAXONS.--THE HEPTARCHY.--THE KINGDOM OF KENT-- +OF NORTHUMBERLAND--OF EAST ANGLIA--OF MERCIA--OF ESSEX--OF SUSSEX--OF +WESSEX + + + +[MN The Britons.] +The curiosity, entertained by all civilized nations, of inquiring into +the exploits and adventures of their ancestors, commonly excites a +regret that the history of remote ages should always be so much +involved in obscurity, uncertainty, and contradiction. Ingenious men, +possessed of leisure, are apt to push their researches beyond the +period in which literary monuments are framed or preserved; without +reflecting that the history of past events is immediately lost or +disfigured when intrusted to memory or oral tradition; and that the +adventures of barbarous nations, even if they were recorded, could +afford little or no entertainment to men born in a more cultivated +age. The convulsions of a civilized state usually compose the most +instructive and most interesting part of its history; but the sudden, +violent, and unprepared revolutions incident to barbarians are so much +guided by caprice, and terminate so often in cruelty, that they +disgust us by the uniformity of their appearance; and it is rather +fortunate for letters that they are buried in silence and oblivion. +The only certain means by which nations can indulge their curiosity in +researches concerning their remote origin, is to consider the +language, manners, and customs of their ancestors, and to compare them +with those of the neighbouring nations. The fables which are commonly +employed to supply the place of true history ought entirely to be +disregarded; or if any exception be admitted to this general rule, it +can only be in favour of the ancient Grecian fictions, which are so +celebrated and so agreeable, that they will ever be the objects of the +attention of mankind. Neglecting, therefore, all traditions, or +rather tales, concerning the more early history of Britain, we shall +only consider the state of the inhabitants as it appeared to the +Romans on their invasion of this country: we shall briefly run over +the events which attended the conquest made by that empire, as +belonging more to Roman than British story: we shall hasten through +the obscure and uninteresting period of Saxon annals: and shall +reserve a more full narration for those times when the truth is both +so well ascertained and so complete as to promise entertainment and +instruction to the reader. + +All ancient writers agree in representing the first inhabitants of +Britain as a tribe of the Gauls or Celtae, who peopled that island +from the neighbouring continent. Their language was the same; their +manners, their government, their superstition, varied only by those +small differences which time or communication with the bordering +nations must necessarily introduce. The inhabitants of Gaul, +especially in those parts which lie contiguous to Italy, had acquired, +from a commerce with their southern neighbours, some refinement in the +arts, which gradually diffused themselves northwards, and spread but a +very faint light over this island. The Greek and Roman navigators or +merchants (for there were scarcely any other travellers in those ages) +brought back the most shocking accounts of the ferocity of the people, +which they magnified, as usual, in order to excite the admiration of +their countrymen. The south-east parts, however, of Britain had +already, before the age of Caesar, made the first, and most requisite +step towards a civil settlement; and the Britons, by tillage and +agriculture, had there increased to a great multitude [a]. The other +inhabitants of the island still maintained themselves by pasture: +they were clothed with skins of beasts. They dwelt in huts, which they +reared in the forests and marshes, with which the country was covered: +they shifted easily their habitation, when actuated either by the +hopes of plunder, or the fear of an enemy: the convenience of feeding +their cattle was even a sufficient motive for removing their seats: +and as they were ignorant of all the refinements of life, their wants +and their possessions were equally scanty and limited. +[FN [a] Caesar. lib. 4.] + +The Britons were divided into many small nations or tribes; and being +a military people, whose sole property was their arms and their +cattle, it was impossible, after they had acquired a relish for +liberty, for their princes or chieftains to establish any despotic +authority over them. Their governments, though monarchical [b], were +free, as well as those of all the Celtic nations; and the common +people seem even to have enjoyed more liberty among them [c] than +among the nations of Gaul [d], from which they were descended. Each +state was divided into factions within itself [e]: it was agitated +with jealousy or animosity against the neighbouring states: and while +the arts of peace were yet unknown, wars were the chief occupation, +and formed the chief object of ambition among the people. +[FN [b] Diod. Sic. lib. 4. Mela, lib. 3. cap. 6. Strabo, lib. 4. +[c] Dion. Cassius, lib. 75 [d] Caesar. lib. 6. [e] Tacit. Agr.] + +The religion of the Britons was one of the most considerable parts of +their government; and the Druids, who were their priests, possessed +great authority among them. Besides ministering at the altar, and +directing all religious duties, they presided over the education of +youth; they enjoyed an immunity from wars and taxes; they possessed +both the civil and criminal jurisdiction; they decided all +controversies among states as well as among private persons, and +whoever refused to submit to their decree was exposed to the most +severe penalties. The sentence of excommunication was pronounced +against him: he was forbidden access to the sacrifices or public +worship: he was debarred all intercourse with his fellow-citizens, +even in the common affairs of life: his company was universally +shunned, as profane and dangerous. He was refused the protection of +law [f]; and death itself became an acceptable relief from the misery +and infamy to which he was exposed. Thus, the bands of government, +which were naturally loose among that rude and turbulent people, were +happily corroborated by the terrors of their superstition. +[FN [f] Caesar, lib. 6. Strabo, lib. 4.] + +No species of superstition was ever more terrible than that of the +Druids. Besides the severe penalties, which it was in the power of +the ecclesiastics to inflict in this world, they inculcated the +eternal transmigration of souls; and thereby extended their authority +as far as the fears of their timorous votaries. They practised their +rites in dark groves or other secret recesses [g]; and in order to +throw a greater mystery over their religion, they communicated their +doctrines only to the initiated, and strictly forbad the committing of +them to writing, lest they should at any time be exposed to the +examination of the profane vulgar. Human sacrifices were practised +among them: the spoils of war were often devoted to their divinities; +and they punished with the severest tortures whoever dared to secrete +any part of the consecrated offering; these treasures they kept in +woods and forests, secured by no other guard than the terrors of their +religion [h]; and this steady conquest over human avidity may be +regarded as more signal than their prompting men to the most +extraordinary and most violent efforts. No idolatrous worship ever +attained such an ascendant over mankind as that of the ancient Gauls +and Britons; and the Romans, after their conquest, finding it +impossible to reconcile those nations to the law and institutions of +their masters, while it maintained its authority, were at last obliged +to abolish it by penal statutes; a violence which had never, in any +other instance, been practised by those tolerating conquerors [i]. +[FN [g] Plin. lib. 12. cap. 1. [h] Caesar, lib. 6. [i] Sueton. in +vita Claudii.] + +[MN The Romans.] +The Britons had long remained in this rude but independent state, when +Caesar, having overrun all Gaul by his victories, first cast his eye +on their island. He was not allured either by its riches or its +renown; but being ambitious of carrying the Roman arms into a new +world, then mostly unknown, he took advantage of a short interval in +his Gaulic wars, and made an invasion on Britain. The natives, +informed of his intention, were sensible of the unequal contest, and +endeavoured to appease him by submissions, which, however, retarded +not the execution of his design. After some resistance, he landed, as +is supposed, at Deal; [MN Anno Ante C. 55.] and having obtained +several advantages over the Britons, and obliged them to promise +hostages for their future obedience, he was constrained, by the +necessity of his affairs, and the approach of winter, to withdraw his +forces into Gaul. The Britons, relieved from the terror of his arms, +neglected the performance of their stipulations; and that haughty +conqueror resolved next summer to chastise them for this breach of +treaty. He landed with a greater force; and though he found a more +regular resistance from the Britons, who had united under +Cassivelaunus, one of their petty princes, he discomfited them in +every action. He advanced into the country; passed the Thames in the +face of the enemy; took and burned the capital of Cassivelaunus; +established his ally, Mandubratius, in the sovereignty of the +Trinobantes; and having obliged the inhabitants to make him new +submissions, he again returned with his army into Gaul, and left the +authority of the Romans more nominal than real in this island. + +The civil wars which ensued, and which prepared the way for the +establishment of monarchy in Rome, saved the Britons from that yoke +which was ready to be imposed upon them. Augustus, the successor of +Caesar, content with the victory obtained over the liberties of his +own country, was little ambitious of acquiring fame by foreign wars; +and being apprehensive lest the same unlimited extent of dominion, +which had subverted the republic, might also overwhelm the empire, he +recommended it to his successors never to enlarge the territories of +the Romans. Tiberius, jealous of the fame which might be acquired by +his generals, made this advice of Augustus a pretence for his +inactivity [k]. The mad sallies of Caligula, in which he menaced +Britain with an invasion, served only to expose himself and the empire +to ridicule: and the Britons had now, during almost a century, enjoyed +their liberty unmolested; when the Romans, in the reign of Claudius +began to think seriously of reducing them under their dominion. +Without seeking any more justifiable reasons of hostility than were +employed by the late Europeans in subjugating the Africans and +Americans, [MN A.D. 43.] they sent over an army under the command of +Plautius, an able general, who gained some victories, and made a +considerable progress in subduing the inhabitants. Claudius himself, +finding matters sufficiently prepared for his reception, made a +journey into Britain, and received the submission of several British +states, the Cantii, Atrebates, Regni, and Trinobantes, who inhabited +the south-east part of the island, and whom their possessions and more +cultivated manner of life rendered willing to purchase peace at the +expense of their liberty. The other Britons, under the command of +Caractacus, still maintained an obstinate resistance, and the Romans +made little progress against them, till Ostorius Scapula was sent over +to command their armies. This general advanced the Roman conquests +over the Britons; [MN A.D. 50.] pierced into the country of the +Silures, a warlike nation who inhabited the banks of the Severn; +defeated Caractacus in a great battle; took him prisoner, and sent him +to Rome, where his magnanimous behaviour procured him better treatment +than those conquerors usually bestowed on captive princes [l]. +[FN [k] Tacit. Agr. [l] Tacit. Ann. lib. 12.] + +Notwithstanding these misfortunes, the Britons were not subdued; and +this island was regarded by the ambitious Romans as a field in which +military honour might still be acquired. [MN A.D. 59.] Under the +reign of Nero, Suetonius Paulinus was invested with the command, and +prepared to signalize his name by victories over those barbarians. +Finding that the island of Mona, now Anglesey, was the chief seat of +the Druids, he resolved to attack it, and to subject a place which was +the centre of their superstition, and which afforded protection to all +their baffled forces. The Britons endeavoured to obstruct his landing +on this sacred island, both by the force of their arms and the terrors +of their religion. The women and priests were intermingled with the +soldiers upon the shore; and running about with flaming torches in +their hands, and tossing their dishevelled hair, they struck greater +terror into the astonished Romans by their howlings, cries, and +execrations, than the real danger from the armed forces was able to +inspire. But Suetonius, exhorting his troops to despise the menaces +of a superstition which they despised, impelled them to the attack, +drove the Britons off the field, burned the Druids in the same fires +which those priests had prepared for their captive enemies, destroyed +all the consecrated groves and altars; and, having thus triumphed over +the religion of the Britons, he thought his future progress would be +easy in reducing the people to subjection. But he was disappointed in +his expectations. The Britons, taking advantage of his absence, were +all in arms; and headed by Boadicea, Queen of the Iceni, who had been +treated in the most ignominious manner by the Roman tribunes, had +already attacked with success several settlements of their insulting +conquerors. Suetonius hastened to the protection of London, which was +already a flourishing Roman colony; but he found, on his arrival, that +it would be requisite for the general safety to abandon that place to +the merciless fury of the enemy. London was reduced to ashes; such of +the inhabitants as remained in it were cruelly massacred; the Romans +and all strangers, to the number of 70,000, were every where put to +the sword without distinction; and the Britons, by rendering the war +thus bloody, seemed determined to cut off all hopes of peace or com- +position with the enemy. But this cruelty was revenged by Suetonius +in a great and decisive battle, where 80,000 of the Britons are said +to have .perished; and Boadicea herself; rather than fall into the +hands of the enraged victor, put an end to her own life by poison [m]. +Nero soon after recalled Suetonius from a government, where, by +suffering and inflicting so many severities, he was judged improper +for composing the angry and alarmed minds of the inhabitants. After +some interval, Cerealis received the command from Vespasian, and by +his bravery propagated the terror of the Roman arms. Julius Frontinus +succeeded Cerealis both in authority and in reputation: but the +general who finally established the dominion of the Romans in this +island was Julius Agricola, who governed it in the reigns of +Vespasian, Titus, and Domitian, and distinguished himself in that +scene of action. +[FN [m] Tacit. Ann. lib. 14] + +This great commander formed a regular plan for subduing Britain, and +rendering the acquisition useful to the conquerors. He carried his +victorious arms northwards, defeated the Britons in every encounter, +pierced into the inaccessible forests and mountains of Caledonia, +reduced every state to subjection in the southern part of the island, +and chased before him all the men of fiercer and more intractable +spirits, who deemed war and death itself less intolerable than +servitude under the victors. He even defeated them in a decisive +action, which they fought under Galgacus, their leader; and having +fixed a chain of garrisons between the firths of Clyde and Forth, he +thereby cut off the ruder and more barren parts of the island, and +secured the Roman province from the incursions of the barbarous +inhabitants [n]. +[FN [n] Tacit Agr.] + +During these military enterprises, he neglected not the arts of peace. +He introduced laws and civility among the Britons, taught them to +desire and raise all the conveniences of life, reconciled them to the +Roman language and manners, instructed them in letters and science, +and employed every expedient to render those chains which he had +forged both easy and agreeable to them [o]. The inhabitants, having +experienced how unequal their own force was to resist that of the +Romans, acquiesced in the dominion of their masters, and were +gradually incorporated as a part of that mighty empire. +[FN [o] Ibid.] + +This was the last durable conquest made by the Romans; and Britain, +once subdued, gave no farther inquietude to the victor. Caledonia +alone, defended by its barren mountains, and by the contempt which the +Romans entertained for it, sometimes infested the more cultivated +parts of the island by the incursions of its inhabitants. The better +to secure the frontiers of the empire, Adrian, who visited this +island, built a rampart between the river Tyne and the firth of +Solway: Lollius Urbicus, under Antoninus Pius, erected one in the +place where Agricola had formerly established his garrisons: Severus, +who made an expedition into Britain, and carried his arms to the more +northern extremity of it, added new fortifications to the walls of +Adrian; and, during the reigns of all the Roman emperors, such a +profound tranquillity prevailed in Britain, that little mention is +made of the affairs of that island by any historian. The only +incidents which occur are some seditions or rebellions of the Roman +legions quartered there, and some usurpations of the Imperial dignity +by the Roman governors. The natives, disarmed, dispirited, and +submissive, had lost all desire, and even idea of their former liberty +and independence. + +But the period was now come when that enormous fabric of the Roman +empire, which had diffused slavery and oppression, together with peace +and civility, over so considerable a part of the globe, was +approaching towards it final dissolution. Italy and the centre of the +empire, removed, during so many ages, from all concern in the wars, +had entirely lost the military spirit, and were peopled by an +enervated race, equally disposed to submit to a foreign yoke, or to +the tyranny of their own rulers. The emperors found themselves +obliged to recruit their legions from the frontier provinces, where +the genius of war, though languishing, was not totally extinct; and +these mercenary forces, careless of laws, and civil institutions, +established a military government, no less dangerous to the sovereign +than to the people. The further progress of the same disorders +introduced the bordering barbarians into the service of the Romans; +and those fierce nations, having now added discipline to their native +bravery, could no longer be restrained by the impotent policy of the +emperors, who were accustomed to employ one in the destruction of the +others. Sensible of their own force, and allured by the prospect of +so rich a prize, the northern barbarians, in the reign of Arcadius and +Honorius, assailed at once all the frontiers of the Roman empire; and +having first satiated their avidity by plunder, began to think of +fixing a settlement in the wasted provinces. The more distant +barbarians, who occupied the deserted habitations of the former, +advanced in their acquisitions, and pressed with their incumbent +weight the Roman state, already unequal to the load which it +sustained. Instead of arming the people in their own defence, the +emperors recalled all the distant legions, in whom alone they could +repose confidence; and collected the whole military force for the +defence of the capital and centre of the empire. The necessity of +self-preservation had superseded the ambition of power; and the +ancient point of honour never to contract the limits of the empire +could no longer be attended to in this desperate extremity. + +Britain by its situation was removed from the fury of these barbarous +incursions; and being also a remote province, not much valued by the +Romans, the legions which defended it were carried over to the +protection of Italy and Gaul. But that province, though secured by +the sea against the inroads of the greater tribes of barbarians, found +enemies on its frontiers, who took advantage of its present +defenceless situation. The Picts and Scots, who dwelt in the northern +parts, beyond the wall of Antoninus, made incursions upon their +peaceable and effeminate neighbours; and besides the temporary +depredations which they committed, these combined nations threatened +the whole province with subjection, or what the inhabitants more +dreaded, with plunder and devastation. The Picts seem to have been a +tribe of the native British race, who, having been chased into the +northern parts by the conquest of Agricola, had there intermingled +with the ancient inhabitants: the Scots were derived from the same +Celtic origin, had first been established in Ireland, had migrated to +the north-west coasts of this island, and had long been accustomed, as +well from their old as their new seats, to infest the Roman province +by piracy and rapine [p]. These tribes, finding their more opulent +neighbours exposed to invasion, soon broke over the Roman wall, no +longer defended by the Roman arms; and, though a contemptible enemy in +themselves, met with no resistance from the unwarlike inhabitants. +The Britons, accustomed to have recourse to the emperors for defence +as well as government, made supplications to Rome; and one legion was +sent over for their protection. This force was an overmatch for the +barbarians, repelled their invasion, routed them in every engagement, +and having chased them into their ancient limits, returned in triumph +to the defence of the southern provinces of the empire [q]. Their +retreat brought on a new invasion of the enemy. The Britons made +again an application to Rome, and again obtained the assistance of a +legion, which proved effectual for their relief: but the Romans, +reduced to extremities at home, and fatigued with those distant +expeditions, informed the Britons that they must no longer look to +them for succour, exhorted them to arm in their own defence, and urged +that, as they were now their own masters, it became them to protect by +their valour that independence which their ancient lords had conferred +upon them [r]. That they might leave the island with the better +grace, the Romans assisted them in erecting anew the wall of Severus, +which was built entirely of stone, and which the Britons had not at +that time artificers skilful enough to repair [s]. And having done +this last good office to the inhabitants, they bid a final adieu to +Britain, about the year 448; after being masters of the more +considerable part of it during the course of near four centuries. +[FN [p] See note [A] at the end of the volume. [q] Gildas. Bede, +lib. 1. cap. 12. Paul. Diacon. [r] Bede, lib. 1. cap. 12 [s] Ibid.] + +[MN The Britons.] +The abject Britons. regarded this present of liberty as fatal to +them; and were in no condition to put in practice the prudent counsel +given them by the Romans to arm in their own defence. Unaccustomed +both to the perils of war and to the cares of civil government, they +found themselves incapable of forming or executing any measures for +resisting the incursions of the barbarians. Gratian also and +Constantine, two Romans who had a little before assumed the purple in +Britain, had carried over to the continent the flower of the British +youth; and having perished in their unsuccessful attempts on the +imperial throne, had despoiled the island of those who, in this +desperate extremity, were best able to defend it. The Picts and +Scots, finding that the Romans had finally relinquished Britain, now +regarded the whole as their prey, and attacked the northern wall with +redoubled forces. The Britons already subdued by their own fears, +found the ramparts but a weak defence for them; and deserting their +station, left the country entirely open to the inroads of the +barbarous enemy. The invaders carried devastation and ruin along with +them; and exerted to the utmost their native ferocity, which was not +mitigated by the helpless condition and submissive behaviour of the +inhabitants [t]. The unhappy Britons had a third time recourse to +Rome, which had declared its resolution for ever to abandon them. +Aëtius, the patrician, sustained at that time, by his valour and +magnanimity, the tottering ruins of the empire, and revived for a +moment, among the degenerate Romans, the spirit as well as discipline +of their ancestors. The British ambassador carried to him the letter +of their countrymen, which was inscribed, THE GROANS OF THE BRITONS. +The tenor of the epistle was suitable to its superscription. THE +BARBARIANS, say they, ON THE ONE HAND, CHASE US INTO THE SEA; THE SEA, +ON THE OTHER, THROWS US BACK UPON THE BARBARIANS; AND WE HAVE ONLY THE +HARD CHOICE LEFT US, OF PERISHING BY THE SWORD OR BY THE WAVES [u]. +But Aëtius, pressed by the arms of Attila, the most terrible enemy +that ever assailed the empire, had no leisure to attend to the +complaints of allies, whom generosity alone could induce him to assist +[v]. The Britons thus rejected were reduced to despair, deserted +their habitations, abandoned tillage, and flying for protection to the +forests and mountains, suffered equally from hunger and from the +enemy. The barbarians themselves began to feel the pressure of famine +in a country which they had ravaged; and being harassed by the +dispersed Britons, who had not dared to resist them in a body, they +retreated with their spoils into their own country [w]. +[FN [t] Gildas. Bede, lib. 1. Ann. Beverl. p. 45. [u] Gildas. +Bede, lib. 1. cap. 13. Malmesbury, lib. 1. cap. 1. Ann. Beverl. p. +45. [v] Chron. Sax. p. 11 edit. 1692. [w] Ann. Beverl. p. 45.] + +The Britons, taking advantage of this interval, returned to their +usual occupations; and the favourable seasons which succeeded seconded +their industry, made them soon forget their past miseries, and +restored to them great plenty of all the necessaries of life. No more +can be imagined to have been possessed by a people so rude, who had +not, without the assistance of the Romans, art of masonry sufficient +to raise a stone rampart for their own defence; yet the Monkish +historians [x], who treat of those events, complain of the luxury of +the Britons during this period, and ascribe to that vice, not to their +cowardice or improvident counsels, all their subsequent calamities. +[FN [x] Gildas. Bede, lib. 1. cap. 14.] + +The Britons, entirely occupied in the enjoyment of the present +interval of peace, made no provision for resisting the enemy, who, +invited by their former timid behaviour, soon threatened them with a +new invasion. We are not exactly informed what species of civil +government the Romans on their departure had left among the Britons; +but it appears probable, that the great men in, the different +districts assumed a kind of regal though precarious authority; and +lived in a great measure independent of each other [y]. To this +disunion of counsels were also added the disputes of theology; and the +disciples of Pelagius, who was himself a native of Britain, having +increased to a great multitude, gave alarm to the clergy, who seem to +have been more intent on suppressing them, than on opposing the public +enemy [z]. Labouring under these domestic evils, and menaced with a +foreign invasion, the Britons attended only to the suggestions of +their present fears; and following the counsels of Vortigern, Prince +of Dumnonium, who, though stained with every vice, possessed the chief +authority among them [a], they sent into Germany a deputation to +invite over the Saxons for their protection and assistance. +[FN [y] Gildas. Usher, Ant. Brit. p. 248, 347. [z] Gildas. Bede, +lib. 1. cap. 17. Constant. in vita Germ. [a] Gildas. Gul. Malm. p +8.] + +[MN The Saxons.] +Of all the barbarous nations, known either in ancient or modern times, +the Germans seem to have been the most distinguished both by their +manners and political institutions, and to have carried to the highest +pitch the virtues of valour and love of liberty; the only virtues +which can have place among an uncivilized people, where justice and +humanity are commonly neglected. Kingly government, even when +established among the Germans, (for it was not universal,) possessed a +very limited authority; and though the sovereign was usually chosen +from among the royal family, he was directed in every measure by the +common consent of the nation over whom he presided. When any +important affairs were transacted, all the warriors met in arms; the +men of greatest authority employed persuasion to engage their consent; +the people expressed their approbation by rattling their armour, or +their dissent by murmurs; there was no necessity for a nice scrutiny +of votes among a multitude, who were usually carried with a strong +current to one side or the other; and the measure thus suddenly chosen +by general agreement, was executed with alacrity and prosecuted with +vigour. Even in war, the princes governed more by example than by +authority; but in peace the civil union was in a great measure +dissolved, and the inferior leaders administered justice after an +independent manner, each in his particular district. These were +elected by the votes of the people in their great councils; and though +regard was paid to nobility in the choice, their personal qualities, +chiefly their valour, procured them, from the suffrages of their +fellow-citizens, that honourable but dangerous distinction. The +warriors of each tribe attached themselves to their leader with the +most devoted affection and most unshaken constancy. They attended him +as his ornament in peace, as his defence in war, as his council in the +administration of justice. Their constant emulation in military +renown dissolved not that inviolable friendship which they professed +to their chieftain and to each other: to die for the honour of their +band was their chief ambition: to survive its disgrace, or the death +of their leader, was infamous. They even carried into the field their +women and children, who adopted all the martial sentiments of the men: +and being thus impelled by every human motive, they were invincible; +where they were not opposed either by the similar manners and +institutions of the neighbouring Germans, or by the superior +discipline, arms, and numbers of the Romans [b]. +[FN [b] Caesar, lib. 6. Tacit. de Mor. Germ.] + +The leaders and their military companions were maintained by the +labour of their slaves, or by that of the weaker and less warlike part +of the community, whom they defended. The contributions which they +levied went not beyond a bare subsistence; and the honours, acquired +by a superior rank, were the only reward of their superior dangers and +fatigues. All the refined arts of life were unknown among the +Germans: tillage itself was almost wholly neglected: they even seem to +have been anxious to prevent any improvements of that nature; and the +leaders, by annually distributing anew all the land among the +inhabitants of each village, kept them from attaching themselves to +particular possessions, or making such progress in agriculture as +might divert their attention from military expeditions, the chief +occupation of the community [c]. +[FN [c] Caesar, lib. 6. Tacit. de Mor. Germ.] + +The Saxons had been for some time regarded as one of the most warlike +tribes of this fierce people, and had become the terror of the +neighbouring nations [d]. They had diffused themselves from the +northern parts of Germany and the Cimbrian Chersonesus, and had taken +possession of all the sea-coast from the mouth of the Rhine to +Jutland; whence they had long infested by their piracies all the +eastern and southern parts of Britain, and the northern of Gaul [e]. +In order to oppose their inroads, the Romans had established an +officer, whom they called COUNT OF THE SAXON SHORE; and as the naval +arts can flourish among a civilized people alone, they seem to have +been more successful in repelling the Saxons, than any of the other +barbarians by whom they were invaded. The dissolution of the Roman +power invited them to renew their inroads; and it was an acceptable +circumstance, that the deputies of the Britons appeared among them, +and prompted them to undertake an enterprise, to which they were of +themselves sufficiently inclined [f]. +[FN d Amm. Marcell. lib. 28. Orosius. [e] Marcell. lib. 27. cap. 7. +lib. 28. cap. 7. [f] Will. Malm. p. 8.] + +Hengist and Horsa, two brothers, possessed great credit among the +Saxons, and were much celebrated both for their valour and nobility. +They were reputed, as most of the Saxon princes, to be sprung from +Woden, who was worshipped as a god among those nations, and they are +said to be his great grandsons [g]; a circumstance which added much to +their authority. We shall not attempt to trace any higher the origin +of those princes and nations. It is evident what fruitless labour it +must be to search, in those barbarous and illiterate ages, for the +annals of a people, when their first leaders, known in any true +history, were believed by them to be the fourth in descent from a +fabulous deity, or from a man exalted by ignorance into that +character. The dark industry of antiquaries, led by imaginary +analogies of names, or by uncertain traditions, would in vain attempt +to pierce into that deep obscurity which covers the remote history of +those nations. +[FN [g] Bede, lib. 1. cap. 15. Saxon Chron. p. 13. Nennius, cap. +28.] + +These two brothers, observing the other provinces of Germany to be +occupied by a warlike and necessitous people, and the rich provinces +of Gaul already conquered or overrun by other German tribes, found it +easy to persuade their countrymen to embrace the sole enterprise which +promised a favourable opportunity of displaying their valour and +gratifying their avidity. They embarked their troops in three +vessels, and about the year 449 or 450 [h], carried over 1600 men, who +landed in the Isle of Thanet, and immediately marched to the defence +of the Britons against the northern invaders. The Scots and Picts +were unable to resist the valour of these auxiliaries; and the +Britons, applauding their own wisdom in calling over the Saxons, hoped +thenceforth to enjoy peace and security under the powerful protection +of that warlike people. +[FN [h] Saxon Chronicle, p. 12. Gul. Malm. p. 11. Huntington, lib. +2. p. 309. Ethelwerd. Brompton, p. 728.] + +But Hengist and Horsa perceiving, from their easy victory over the +Scots and Picts, with what facility they might subdue the Britons +themselves, who had not been able to resist those feeble invaders, +were determined to conquer and fight for their own grandeur, not for +the defence of their degenerate allies. They sent intelligence to +Saxony of the fertility and riches of Britain; and represented as +certain the subjection of a people so long disused to arms, who, being +now cut off from the Roman empire, of which they had been a province +during so many ages, had not yet acquired any union among themselves, +and were destitute of all affection to their new liberties and of all +national attachments and regards [i]. The vices and pusillanimity of +Vortigern, the British leader, were a new ground of hope; and the +Saxons in Germany, following such agreeable prospects, soon reinforced +Hengist and Horsa with 5000 men, who came over in seventeen vessels. +The Britons now began to entertain apprehensions of their allies, +whose numbers they found continually augmenting; but thought of no +remedy, except a passive submission and connivance. This weak +expedient soon failed them. The Saxons sought a quarrel, by +complaining that their subsidies were ill paid, and their provisions +withdrawn [k]; and immediately taking off the mask, they formed an +alliance with the Picts and Scots, and proceeded to open hostility +against the Britons. +[FN [i] Chron. Sax. p. 12. Ann. Beverl. p. 42. [k] Bede, lib. 1. +cap. 15. Nennius, cap. 35. Gildas, Sec. 23.] + +The Britons, impelled by these violent extremities, and roused to +indignation against their treacherous auxiliaries, were necessitated +to take arms; and having deposed Vortigern, who had become odious from +his vices, and from the bad event of his rash counsels, they put +themselves under the command of his son, Vortimer. They fought many +battles with their enemies; and though the victories in these actions +be disputed between the British and Saxon annalists, the progress +still made by the Saxons proves that the advantage was commonly on +their side. In one battle, however, fought at Eaglesford, now +Ailsford, Horsa, the Saxon general, was slain, and left the sole +command over his countrymen in the hands of Hengist. This active +general, continually reinforced by fresh numbers from Germany, carried +devastation into the most remote corners of Britain; and being chiefly +anxious to spread the terror of his arms, he spared neither age, nor +sex, nor condition, wherever he marched with his victorious forces. +The private and public edifices of the Britons were reduced to ashes: +the priests were slaughtered on the altars by those idolatrous +ravagers: the bishops and nobility shared the fate of the vulgar: the +people, flying to the mountains and deserts, were intercepted and +butchered in heaps: some were glad to accept of life and servitude +under their victors: others, deserting their native country, took +shelter in the province of Armorica; where, being charitably received +by a people of the same language and manners, they settled in great +numbers, and gave the country the name of Britany [l]. +[FN [l] Bede, lib. 1. cap. 15. Usher, p.226. Gildas, Sec. 24.] + +The British writers assign one cause which facilitated the entrance of +the Saxons into this island; the love with which Vortigern was at +first seized for Rovena, the daughter of Hengist, and which that +artful warrior made use of to blind the eyes of the imprudent monarch +[m]. The same historians add, that Vortimer died; and that Vortigern, +being restored to the throne, accepted of a banquet from Hengist, at +Stonehenge, where 300 of his nobility were treacherously slaughtered, +and himself detained captive [n]. But these stories seem to have been +invented by the Welsh authors, in order to palliate the weak +resistance made at first by their countrymen, anal to account for the +rapid progress and licentious devastations of the Saxons [o]. +[FN [m] Nennius, Galfr. lib. 6. cap. 12. [n] Nennius, cap. 47. +Galfr. [o] Stillingfleet's Orig. Brit. p. 324, 325.] + +After the death of Vortimer, Ambrosius, a Briton, though of Roman +descent, invested with the command over his countrymen, and +endeavoured, not without success, to unite them in their resistance +against the Saxons. Those contests increased the animosity between the +two nations, and roused the military spirit of the ancient +inhabitants, which had before been sunk into a fatal lethargy. +Hengist, however, notwithstanding their opposition, still maintained +his ground in Britain; and in order to divide the forces and attention +of the natives, he called over a new tribe of Saxons, under the +command of his brother Octa, and of Ebissa, the son of Octa; and he +settled them in Northumberland. He himself remained in the southern +parts of the island, and laid the foundation of the kingdom of Kent, +comprehending the county of that name, Middlesex, Essex, and part of +Surrey. He fixed his royal seat at Canterbury; where he governed +about forty years, and he died in or near the year 488; leaving his +new-acquired dominions to his posterity. + +The success of Hengist excited the avidity of the other northern +Germans; and at different times, and under different leaders, they +flocked over in multitudes to the invasion of this island. These +conquerors were chiefly composed of three tribes, the Saxons, Angles, +and Jutes [p], who all passed under the common appellation, sometimes +of Saxons, sometimes of Angles; and speaking the same language, and +being governed by the same institutions, they were naturally led, from +these causes, as well as from their common interest, to unite +themselves against the ancient inhabitants. The resistance, however, +though unequal, was still maintained by the Britons; but became every +day more feeble; and their calamities admitted of few intervals, till +they were driven into Cornwall and Wales, and received protection from +the remote situation or inaccessible mountains of those countries. +[FN [p] Bede, lib. 1. cap. 15. Ethelwerd, p. 833. edit. Camdeni. +Chron. Sax. p. 12. Ann. Beverl. p. 78. The inhabitants of Kent, and +the Isle of Wight were Jutes. Essex, Middlesex, Surrey, Sussex, and +all the southern counties to Cornwall, were peopled by Saxons: Mercia, +and other parts of the kingdom, were inhabited by Angles.] + +The first Saxon state, after that of Kent, which was established in +Britain, was the kingdom of South Saxony. In the year 477 [q], Aella, +a Saxon chief, brought over an army from Germany; and landing on the +southern coast, proceeded to take possession of the neighbouring +territory. The Britons, now armed, did not tamely abandon their +possessions; nor were they expelled, till defeated in many battles by +their warlike invaders. The most memorable action, mentioned by +historians, is that of Meacredes Burn [r]; where, though the Saxons +seem to have obtained the victory, they suffered so considerable a +loss, as somewhat retarded the progress of their conquests. But +Aella, reinforced by fresh numbers of his countrymen, again took the +field against the Britons, and laid siege to Andred-Ceaster, which was +defended by the garrison and inhabitants with desperate valour [s]. +The Saxons, enraged by this resistance, and by the fatigues and +dangers which they had sustained, redoubled their efforts against the +place, and when masters of it, put all their enemies to the sword +without distinction. This decisive advantage secured the conquests of +Aella, who assumed the name of king, and extended his dominion over +Sussex and a great part of Surrey. He was stopped in his progress to +the east by the kingdom of Kent: in that to the west by another tribe +of Saxons, who had taken possession of that territory. +[FN [q] Chron. Sax. p.14. Ann. Beverl. p. 81. [r] Saxon Chron. A.D. +485. Flor. Wigorn. [s] Hen. Hunting. lib. 2.] + +These Saxons, from the situation of the country in which they settled, +were called the West Saxons, and landed in the year 495, under the +command of Cerdic, and of his son Kenric [t]. The Britons were, by +past experience, so much on their guard, and so well prepared to +receive the enemy, that they gave battle to Cerdic the very day of his +landing; and though vanquished, still defended, for some time, their +liberties against the invaders. None of the other tribes of Saxons +met with such vigorous resistance, or exerted such valour and +perseverance in pushing their conquests. Cerdic was even obliged to +call for the assistance of his countrymen from the kingdoms of Kent +and Sussex, as well as from Germany, and he was thence joined by a +fresh army under the command of Porte, and of his sons Bleda, and +Megla [u]. Strengthened by these succours, he fought in the year 508, +a desperate battle with the Britons, commanded by Nazan-Leod, who was +victorious in the beginning of the action, and routed the wing in +which Cerdic himself commanded; but Kenric, who had prevailed in the +other wing, brought timely assistance to his father, and restored the +battle, which ended in a complete victory gained by the Saxons [w]. +Nazan-Leod perished with 5000 of his army; but left the Britons more +weakened than discouraged by his death. The war still continued, +though the success was commonly on the side of the Saxons, whose short +swords, and close manner of fighting, gave them great advantage over +the missile weapons of the Britons. Cerdic was not wanting to his +good fortune; and in order to extend his conquests, he laid siege to +Mount Badon or Banesdowne, near Bath, whither the most obstinate of +the discomfited Britons had retired. The southern Britons, in this +extremity, applied for assistance to Arthur, Prince of the Silures, +whose heroic valour now sustained the declining fate of his country +[x]. This is that Arthur so much celebrated in the songs of +Thaliessin, and the other British bards, and whose military +achievements have been blended with so many fables, as even to give +occasion for entertaining a doubt of his real existence. But poets, +though they disfigure the most certain history by their fictions, and +use strange liberties with truth where they are the sole historians, +as among the Britons, have commonly some foundation for their wildest +exaggerations. Certain it is, that the siege of Badon was raised by +the Britons in the year 520; and the Saxons were there discomfited in +a great battle [y]. This misfortune stopped the progress of Cerdic; +but was not sufficient to wrest from him the conquests which he had +already made. He and his son Kenric, who succeeded him, established +the kingdom of the West Saxons, or of Wessex, over the counties of +Hants, Dorset, Wilts, Berks, and the Isle of Wight, and left their +new-acquired dominions to their posterity. Cerdic died in 534, Kenric +in 560. +[FN [t] Will. Malm. lib. 1. cap. 1. p.12. Chron. Sax. p. 15. [u] +Chron. Sax. p. 17. [w] H. Hunting. lib. 2. Ethelwerd, lib. 1. Chron. +Sax. p. 17. [x] Hunting. lib. 2. [y] Gildas, Saxon Chron. H. +Hunting. lib. 2] + +While the Saxons made this progress in the south, their countrymen +were not less active in other quarters. In the year 527, a great +tribe of adventurers, under several leaders, landed on the east coast +of Britain; and after fighting many battles, of which history has +preserved no particular account, they established three new kingdoms +in this island. Uffa assumed the title of King of the East Angles in +575; Crida that of Mercia in 585 [z] and Erkenwin that of East Saxony, +or Essex, nearly about the same time, but the year is uncertain. This +latter kingdom was dismembered from that of Kent, and comprehended +Essex, Middlesex, and part of Hertfordshire. That of the East Angles, +the counties of Cambridge, Suffolk, and Norfolk; Mercia was extended +over all the middle counties, from the banks of the Severn to the +frontiers of these two kingdoms. +[FN [z] Math. West. Huntington, lib. 2.] + +The Saxons, soon after the landing of Hengist, had been planted in +Northumberland; but, as they met with an obstinate resistance, and +made but small progress in subduing the inhabitants, their affairs +were in so unsettled a condition, that none of their princes for a +long time assumed the appellation of king. At last, in 547 [a], Ida, +a Saxon prince of great valour [b], who claimed a descent, as did the +other princes of that nation, from Woden, brought over a reinforcement +from Germany, and enabled the Northumbrians to carry on their +conquests over the Britons. He entirely subdued the county now called +Northumberland, the bishopric of Durham, as well as some of the south- +east counties of Scotland; and he assumed the crown under the title of +King of Bernicia. Nearly about the same time, Aella, another Saxon +prince, having conquered Lancashire, and the greater part of +Yorkshire, received the appellation of King of Deiri [c]. These two +kingdoms were united in the person of Ethilfrid, grandson of Ida, who +married Acca, the daughter of Aella; and expelling her brother Edwin, +established one of the most powerful of the Saxon kingdoms, by the +title of Northumberland. How far his dominions extended into the +country now called Scotland, is uncertain; but it cannot be doubted, +that all the lowlands, especially the east coast of that country, were +peopled in a great measure from Germany; though the expeditions made +by the several Saxon adventurers have escaped the records of history. +The language spoken in those countries, which is purely Saxon, is a +stronger proof of this event than can be opposed by the imperfect, or +rather fabulous, annals which are obtruded on us by the Scottish +historians. +[FN [a] Chron. Sax. p 19. [b] Will. Malmes. p. 19. [c] Ann. Beverl. +p. 78.] + +[MN The Heptarcy.] +Thus was established, after a violent contest of near a hundred and +fifty years, the Heptarchy, or seven Saxon kingdoms in Britain; and +the whole southern part of the island, except Wales and Cornwall, had +totally changed its inhabitants, language, customs, and political +institutions. The Britons, under the Roman dominion, had made such +advances towards arts and civil manners, that they had built twenty- +eight considerable cities within their province, besides a great +number of villages and country seats [d]. But the fierce conquerors, +by whom they were now subdued, threw every thing back into ancient +barbarity, and those few natives who were not either massacred or +expelled their habitations, were reduced to the most abject slavery. +None of the other northern conquerors, the Franks, Goths, Vandals, or +Burgundians, though they overran the southern provinces of the empire +like a mighty torrent, made such devastations in the conquered +territories, or were inflamed into so violent an animosity against the +ancient inhabitants. As the Saxons came over at intervals in separate +bodies, the Britons, however at first unwarlike, were tempted to make +resistance; and hostilities being thereby prolonged, proved more +destructive to both parties, especially to the vanquished. The first +invaders from Germany, instead of excluding other adventurers who +must share with them the spoils of the ancient inhabitants, were +obliged to solicit fresh supplies from their own country; and a total +extermination of the Britons became the sole expedient for providing a +settlement and subsistence to the new planters. Hence there have been +found in history few conquests more ruinous than that of the Saxons; +and few revolutions more violent than that which they introduced. +[FN [d] Gildas. Bede. lib. 1.] + +So long as the contest was maintained with the natives, the several +Saxon princes preserved a union of counsels and interests; but after +the Britons were shut up in the barren counties of Cornwall and Wales, +and gave no farther disturbance to the conquerors, the band of +alliance was in a great measure dissolved among the princes of the +Heptarchy. Though one prince seems still to have been allowed, or to +have assumed, an ascendant over the whole, his authority, if it ought +ever to be deemed regular or legal, was extremely limited; and each +state acted as if it had been independent, and wholly separate from +the rest. Wars therefore, and revolutions and dissensions, were +unavoidable among a turbulent and military people; and these events, +however intricate or confused, ought now to become the objects of our +attention. But, added to the difficulty of carrying on at once the +history of seven independent kingdoms, there is great discouragement +to a writer, arising from the uncertainty, at least barrenness, of the +accounts transmitted to us. The monks, who were the only annalists +during those ages, lived remote from public affairs, considered the +civil transactions as entirely subordinate to the ecclesiastical, and, +besides partaking of the ignorance and barbarity which were then +universal, were strongly infected with credulity, with the love of +wonder, and with a propensity to imposture; vices almost inseparable +from their profession and manner of life. The history of that period +abounds in names, but is extremely barren of events; or the events are +related so much without circumstances and causes, that the most +profound or most eloquent writer must despair of rendering them either +instructive or entertaining to the reader. Even the great learning +and vigorous imagination of Milton sunk under the weight; and this +author scruples not to declare, that the skirmishes of kites or crows +as much merited a particular narrative, as the confused transactions +and battles of the Saxon Heptarchy [e]. In order, however, to connect +the events in some tolerable measure, we shall give a succinct account +of the succession of kings, and of the more remarkable revolutions in +each particular kingdom; beginning with that of Kent, which was the +first established. +[FN [e] Milton in Kennet, p. 50.] + +[MN The Kingdom of Kent.] +Escus succeeded his father Hengist in the kingdom of Kent; but seems +not to have possessed the military genius of that conqueror, who first +made way for the entrance of the Saxon arms into Britain. All the +Saxons who sought either the fame of valour, or new establishments by +arms, flocked to the standard of Aella, King of Sussex, who was +carrying on successful war against the Britons, and laying the +foundations of a new kingdom. Escus was content to possess in +tranquillity the kingdom of Kent, which he left in 512 to his son +Octa, in whose time the East Saxons established their monarchy, and +dismembered the provinces of Essex and Middlesex from that of Kent. +His death, after a reign of twenty-two years, made room for his son +Hermenric in 534, who performed nothing memorable during a reign of +thirty-two years, except associating with him his son Ethelbert in the +government, that he might secure the succession in his family, and +prevent such revolutions as are incident to a turbulent and barbarous +monarchy. + +Ethelbert revived the reputation of his family, which had languished +for some generations. The inactivity of his predecessors, and the +situation of his country, secured from all hostility with the Britons, +seem to have much enfeebled the warlike genius of the Kentish Saxons; +and Ethelbert, in his first attempt to aggrandize his country, and +distinguish his own name, was unsuccessful [f]. He was twice +discomfited in battle by Ceaulin, King of Wessex; and obliged to yield +the superiority in the Heptarchy to that ambitious monarch, who +preserved no moderation in his victory, and by reducing the kingdom of +Sussex to subjection, excited jealousy in all the other princes. An +association was formed against him; and Ethelbert, intrusted with the +command of the allies gave him battle, and obtained a decisive +victory [g ]. Ceaulin died soon after; and Ethelbert succeeded as +well to his ascendant among the Saxon states, as to his other +ambitious projects. He reduced all the princes, except the King of +Northumberland, to a strict dependence upon him; and even established +himself by force on the throne of Mercia, the most extensive of the +Saxon kingdoms. Apprehensive, however, of a dangerous league against +him, like that by which he himself had been enabled to overthrow +Ceaulin, he had the prudence to resign the kingdom of Mercia to Webba, +the rightful heir, the son of Crida, who had first founded that +monarchy. But governed still by ambition more than by justice, he +gave Webba possession of the crown on such conditions as rendered him +little better than a tributary prince under his artful benefactor. +[FN [f] Chron. Sax. p. 21. [g] H. Hunting. lib. 2.] + +But the most memorable event which distinguished the reign of this +great prince, was the introduction of the Christian religion among the +English Saxons. The superstition of the Germans, particularly that of +the Saxons, was of the grossest and most barbarous kind; and being +founded on traditional tales received from their ancestors, not +reduced to any system, nor supported by political institutions, like +that of the Druids, it seems to have made little impression on its +votaries, and to have easily resigned its place to the new doctrine +promulgated to them. Woden, whom they deemed the ancestor of all +their princes, was regarded as the god of war, and, by a natural +consequence, became their supreme deity, and the chief object of their +religious worship. They believed that, if they obtained the favour of +this divinity by their valour, (for they made less account of the +other virtues,) they should be admitted after their death into his +hall; and, reposing on couches, should satiate themselves with ale +from the skulls of their enemies whom they had slain in battle. +Incited by this idea of paradise, which gratified at once the passion +of revenge and that of intemperance, the ruling inclinations of +barbarians, they despised the dangers of war, and increased their +native ferocity against the vanquished by their religious prejudices. +We know little of the other theological tenets of the Saxons: we only +learn that they were polytheists; that they worshipped the sun and +moon; that they adored the god of thunder under the name of Thor; that +they had images in their temples; that they practised sacrifices; +believed firmly in spells and enchantments; and admitted in general a +system of doctrines which they held as sacred, but which, like all +other superstitions, must carry the air of the wildest extravagance, +if propounded to those who are not familiarized to it from their +earliest infancy. + +The constant hostilities which the Saxons maintained against the +Britons, would naturally indispose them for receiving the Christian +faith, when preached to them by such inveterate enemies; and perhaps +the Britons, as is objected to them by Gildas and Bede, were not over +fond of communicating to their cruel invaders the doctrine of eternal +life and salvation. But as a civilized people, however subdued by +arms, still maintain a sensible superiority over barbarous and +ignorant nations, all the other northern conquerors of Europe had been +already induced to embrace the Christian faith, which they found +established in the empire; and it was impossible but the Saxons, +informed of this event, must have regarded with some degree of +veneration a doctrine which had acquired the ascendant over all their +brethren. However limited in their views, they could not but have +perceived a degree of cultivation in the southern countries beyond +what they themselves possessed; and it was natural for them to yield +to that superior knowledge as well as zeal, by which the inhabitants +of the Christian kingdoms were even at that time distinguished. + +But these causes might long have failed of producing any considerable +effect, had not a favourable incident prepared the means of +introducing Christianity into Kent. Ethelbert, in his father's +lifetime, had married Bertha, the only daughter of Caribert, King of +Paris [h], one of the descendants of Clovis, the conqueror of Gaul; +but before he was admitted to this alliance, he was obliged to +stipulate, that the princess should enjoy the free exercise of her +religion; a concession not difficult to be obtained from the +idolatrous Saxons [i]. Bertha brought over a French bishop to the +court of Canterbury; and being zealous for the propagation of her +religion, she had been very assiduous in her devotional exercises, had +supported the credit of her faith by an irreproachable conduct, and +had employed every art of insinuation and address to reconcile her +husband to her religious principles. Her popularity in the court, and +her influence over Ethelbert, had so well paved the way for the +reception of the Christian doctrine, that Gregory, surnamed the Great, +then Roman pontiff, began to entertain hopes of effecting a project, +which he himself, before he mounted the papal throne, had once +embraced, of converting the British Saxons. +[FN [h] Greg. of Tours, lib. 9. cap. 26. H. Hunting. lib. 2. [i] +Bede, lib. 1. cap. 25. Brompton, p. 729.] + +It happened that this prelate, at that time in a private station, had +observed in the market-place of Rome some Saxon youth exposed to sale, +whom the Roman merchants, in their trading voyages to Britain, had +bought of their mercenary parents. Struck with the beauty of their +fair complexions and blooming countenances, Gregory asked to what +country they belonged; and being told they were ANGLES, he replied +that they ought more properly to be denominated ANGELS: it were a pity +that the prince of darkness should enjoy so fair a prey, and that so +beautiful a frontispiece should cover a mind destitute of internal +grace and righteousness. Inquiring farther concerning the name of +their province, he was informed that it was Deiri, a district of +Northumberland: DEIRI, replied he, THAT IS GOOD! THEY ARE CALLED TO +THE MERCY OF GOD FROM HIS ANGER, De ira. BUT WHAT IS THE NAME OF THE +KING OF THAT PROVINCE? He was told it was Aella or Alla: ALLELUIAH, +cried he: WE MUST ENDEAVOUR THAT THE PRAISES OF GOD BE SUNG IN THAT +COUNTRY. Moved by these allusions, which appeared to him so happy, he +determined to undertake himself a mission into Britain; and having +obtained the pope's approbation, he prepared for that perilous +journey: but his popularity at home was so great, that the Romans, +unwilling to expose him to such dangers, opposed his design; and he +was obliged, for the present, to lay aside all farther thoughts of +executing that pious purpose [k]. +[FN [k] Bede, lib. 2. cap. 1. Spell. Conc. p. 91.] + +The controversy between the Pagans and the Christians was not entirely +cooled in that age; and no pontiff before Gregory, had ever carried to +greater excess an intemperate zeal against the former religion. He +had waged war with all the precious monuments of the ancients, and +even with their writings, which, as appears from the strain of his own +wit, as well as from the style of his compositions, he had not taste +or genius sufficient to comprehend. Ambitious to distinguish his +pontificate by the conversion of the British Saxons, he pitched on +Augustine, a Roman monk, and sent him with forty associates to preach +the gospel in this island. These missionaries, terrified with the +dangers which might attend their proposing a new doctrine to so fierce +a people, of whose language they were ignorant, stopped some time in +France, and sent back Augustine to lay the hazards and difficulties +before the pope, and crave his permission to desist from the +undertaking. But Gregory exhorted them to persevere in their purpose, +advised them to choose some interpreters from among the Franks, who +still spoke the same language with the Saxons [l]; and recommended +them to the good offices of Queen Brunehaut, who had at this time +usurped the sovereign power in France. This princess, though stained +with every vice of treachery and cruelty, either possessed or +pretended great zeal for the cause; and Gregory acknowledged that to +her friendly assistance was, in a great measure, owing the success of +that undertaking [m]. +[FN [1] Bede, lib. 1. cap. 23. [m] Greg. Epist. lib. 9. epist. 56. +Spell. Conc. p. 82] + +Augustine, on his arrival in Kent, in the year 597 [n] found the +danger much less than he had apprehended. Ethelbert, already well +disposed towards the Christian faith, assigned him a habitation in the +Isle of Thanet, and soon after admitted him to a conference. +Apprehensive, however, lest spells or enchantments might be employed +against him by priests, who brought an unknown worship from a distant +country, he had the precaution to receive them in the open air, where +he believed the force of their magic would be more easily dissipated +[o]. Here Augustine, by means of his interpreters, delivered to him +the tenets of the Christian faith, and promised him eternal joys +above, and a kingdom in heaven, without end, if he would be persuaded +to receive that salutary doctrine [p]. "Your words and promises," +replied Ethelbert, "are fair; but because they are new and uncertain, +I cannot entirely yield to them, and relinquish the principles which I +and my ancestors have so long maintained. You are welcome, however, +to remain here in peace; and as you have undertaken so long a journey, +solely, as it appears, for what you believe to be for our advantage, I +will supply you with all necessaries, and permit you to deliver your +doctrine to my subjects [q]" +[FN [n] Higden. Polychron. lib. 5. Chron. Sax. p. 23. [o] Bede, lib. +I. cap. 2 Hunting. lib. 3. Brompton, p. 729 Parker Antiq. Brit. +Eccl. p. 61. [p] Bede, lib. 1. cap 25. Chron. W. Thorn. p. 1759. [q] +Bede, lib. 1. cap 25. H. Hunting. lib. 3. Brompton, p. 729] + +Augustine, encouraged by this favourable reception, and seeing now a +prospect of success, proceeded with redoubled zeal to preach the +gospel to the Kentish Saxons. He attracted their attention by the +austerity of his manners, by the severe penances to which he subjected +himself, by the abstinence and self-denial which he practised: and +having excited their wonder by a course of life which appeared so +contrary to nature, he procured more easily their belief of miracles, +which, it was pretended, he wrought for their conversion [r]. +Influenced by these motives, and by the declared favour of the court, +numbers of the Kentish men were baptized; and the king himself was +persuaded to submit to that rite of Christianity. His example had +great influence with his subjects; but he employed no force to bring +them over to the new doctrine. Augustine thought proper, in the +commencement of his mission, to assume the appearance of the greatest +lenity. He told Ethelbert that the service of Christ must be entirely +voluntary, and that no violence ought ever to be used in propagating +so salutary a doctrine [s]. +[FN [r] Bede, lib. 1. cap 26. [s] Ibid. lib. 1. cap 26. H. Hunting. +lib. 3.] + +The intelligence received of these spiritual conquests afforded great +joy to the Romans; who now exulted as much in those peaceful trophies, +as their ancestors had ever done in their most sanguinary triumphs, +and most splendid victories. Gregory wrote a letter to Ethelbert, in +which, after informing him that the end of the world was approaching, +he exhorted him to display his zeal in the conversion of his subjects, +to exert rigour against the worship of idols, and to build up the good +work of holiness by every expedient of exhortation, terror, +blandishment, or correction [t]: a doctrine more suitable to that age, +and to the usual papal maxims, than the tolerating principles which +Augustine had thought it prudent to inculcate. The pontiff also +answered some questions which the missionary had put concerning the +government of the new church of Kent. Besides other queries which it +is not material here to relate, Augustine asked, WHETHER COUSIN- +GERMANS MIGHT BE ALLOWED TO MARRY? Gregory answered, that that liberty +had indeed been formerly granted by the Roman law; but that experience +had shown, that no issue could ever come from such marriages; and he +therefore prohibited them. Augustine, WHETHER A WOMAN PREGNANT MIGHT +BE BAPTIZED? Gregory answered that he saw no objection. HOW SOON +AFTER THE BIRTH THE CHILD MIGHT RECEIVE BAPTISM? It was answered, +Immediately, if necessary. HOW SOON A HUSBAND MIGHT HAVE COMMERCE +WITH HIS WIFE AFTER HER DELIVERY? Not till she had given suck to her +child: a practice to which Gregory exhorts all women. HOW SOON A MAN +MIGHT ENTER THE CHURCH, OR RECEIVE THE SACRAMENT, AFTER HAVING HAD +COMMERCE WITH HIS WIFE? It was replied, that unless he had approached +her without desire, merely for the sake of propagating his species, he +was not without sin: but in all cases it was requisite for him, before +he entered the church, or communicated, to purge himself by prayer and +ablution; and he ought not, even after using these precautions, to +participate immediately of the sacred duties [u]. There are some +other questions and replies still more indecent and more ridiculous +[w]. And on the whole, it appears that Gregory and his missionary, if +sympathy of manners have any influence, were better calculated than +men of more refined understanding for making a progress with the +ignorant and barbarous Saxons. +[FN [t] Bede, lib. 1. cap. 32. Brompton, p. 732. Spell. Conc. p. 86. +[u] Bede, lib. 1. cap. 27. Spell. Conc. p. 97, 98, 99, &c. [w] +Augustine asks, Si mulier menstrua consuetudine tenetur, an ecclesiam +intrare ei licet, aut sacrae communionis sacramenta percipere? +Gregory answers, Sanctae communionis mysterium in eisdem diebus +percipere non debit prohiberi. Si autem ex veneratione magna +precipere non praesumitur, laudanda est. Augustine asks, Si post +illusionem, quae per somnum solet accidere, vel corpus Domine quilibet +accipere valeat; vel, si sacerdos sit, sacra mysteria celebrare. +Gregory answers this learned question by many learned distinctions.] + +The more to facilitate the reception of Christianity Gregory enjoined +Augustine to remove the idols from the heathen altars, but not to +destroy the altars themselves; because the people, he said, would be +allured to frequent the Christian worship, when they found it +celebrated in a place which they were accustomed to revere. And as +the Pagans practised sacrifices, and feasted with the priests on their +offerings, he also exhorted the missionary to persuade them, on +Christian festivals, to kill their cattle in the neighbourhood of the +church, and to indulge themselves in those cheerful entertainments, to +which they had been habituated [x]. These political compliances show, +that notwithstanding his ignorance and prejudices, he was not +unacquainted with the arts of governing mankind. Augustine was +consecrated archbishop of Canterbury, was endowed by Gregory with +authority over all the British churches, and received the pall, a +badge of ecclesiastical honour, from Rome [y]. Gregory also advised +him not to be too much elated with his gift of working miracles [z]; +and as Augustine, proud of the success of his mission, seemed to think +himself entitled to extend his authority over the bishops of Gaul, the +pope informed him, that they lay entirely without the bounds of his +jurisdiction [a]. +[FN [x] Bede, lib. 1. cap. 30. Spell. Conc. p.89. Greg. Epist. lib. +9. Epist. 71. [y] Chron. Sax. p. 23, 24. [z] H. Hunting. lib. 3. +Spell. Conc. p. 83. Bede, lib. 1. Greg. Epist. lib. 9. Epist. 60. +[a] Bede, lib. 1. cap. 27.] + +The marriage of Ethelbert with Bertha, and much more his embracing +Christianity, begat a connexion of his subjects with the French, +Italians, and other nations on the continent, and tended to reclaim +them from that gross ignorance and barbarity in which all the Saxon +tribes had been hitherto involved [b]. Ethelbert also enacted [c], +with the consent of the states of his kingdom, a body of laws, the +first written laws promulgated by any of the northern conquerors; and +his reign was in every respect glorious to himself, and beneficial to +his people. He governed the kingdom of Kent fifty years, and dying in +616, left the succession to his son, Eadbald. This prince, seduced by +a passion for his mother-in-law, deserted for some time the Christian +faith, which permitted not these incestuous marriages: his whole +people immediately returned with him to idolatry. Laurentius, the +successor of Augustine, found the Christian worship wholly abandoned, +and was prepared to return to France, in order to escape the +mortification of preaching the gospel without fruit to the infidels. +Melitus and Justus, who had been consecrated Bishops of London and +Rochester, had already departed the kingdom [d], when, Laurentius, +before he should entirely abandon his dignity, made one effort to +reclaim the king. He appeared before that prince, and, throwing off +his vestments, showed his body all torn with bruises and stripes, +which he had received. Eadbald, wondering that any man should have +dared to treat in that manner a person of his rank, was told by +Laurentius, that he had received this chastisement from St. Peter, the +prince of the Apostles, who had appeared to him in a vision, and, +severely reproving him for his intention to desert his charge, had +inflicted on him these visible marks of his displeasure [e]. Whether +Eadbald was struck with the miracle, or influenced by some other +motive, he divorced himself from his mother-in-law, and returned to +the profession of Christianity [f]: his whole people returned with +him. Eadbald reached not the fame or authority of his father, and +died in 640, after a reign of twenty-five years, leaving two sons, +Erminfred and Ercombert. +[FN [b] Will. Malm. p.10. [c] Wilkins Leges Sax. p. 13. [d] Bede, +lib. 2. cap. 5. [e] Ibid. lib. 2. cap. 6. Chron. Sax. p. 26. +Higden, lib. 5. [f] Brompton, p. 739.] + +Ercombert, though the younger son, by Emma, a French princess, found +means to mount the throne. He is celebrated by Bede for two exploits; +for establishing the fast of Lent in his kingdom, and for utterly +extirpating idolatry, which, notwithstanding the prevalence of +Christianity, had hitherto been tolerated by the two preceding +monarchs. He reigned twenty-four years, and left the crown to Egbert, +his son, who reigned nine years. This prince is renowned for his +encouragement of learning, but infamous for putting to death his two +cousin germans, sons of Erminfred, his uncle. The ecclesiastical +writers praise him for bestowing on his sister, Domnona, some lands in +the Isle of Thanet, where she founded a monastery. + +The bloody precaution of Egbert could not fix the crown on the head of +his son, Edric. Lothaire, brother of the deceased prince, took +possession of the kingdom, and, in order to secure the power in his +family, he associated with him Richard, his son, in the administration +of the government. Edric, the dispossessed prince, had recourse to +Edilwach, King of Sussex, for assistance, and being supported by that +prince, fought a battle with his uncle, who was defeated and slain. +Richard fled into Germany, and afterwards died in Lucca, a city of +Tuscany. William of Malmesbury ascribes Lothaire's bad fortune to two +crimes; his concurrence in the murder of his cousins, and his contempt +for relics [g]. +[FN [g] Will. Malm. p. 11.] + +Lothaire reigned eleven years; Edric, his successor, only two. Upon +the death of the latter, which happened in 686, Widred, his brother, +obtained possession of the crown. But as the succession had been of +late so much disjointed by revolutions and usurpations, faction began +to prevail among the nobility, which invited Ceodwalla, King of +Wessex, with his brother, Mollo, to attack the kingdom. These +invaders committed great devastations in Kent; but the death of Mollo, +who was slain in a skirmish [h], gave a short breathing-time to that +kingdom. Widred restored the affairs of Kent, and, after a reign of +thirty-two years [i], left the crown to his posterity. Eadbert, +Ethelbert, and Alric, his descendants, successively mounted the +throne. After the death of the last, which happened in 794, the royal +family of Kent was extinguished, and every factious leader who could +entertain hopes of ascending the throne, threw the state into +confusion [k]. Egbert, who first succeeded, reigned but two years; +Cuthred, brother to the King of Mercia, six years; Baldred, an +illegitimate branch of the royal family, eighteen; and, after a +troublesome and precarious reign, he was, in the year 827, expelled by +Egbert, King of Wessex, who dissolved the Saxon Heptarchy, and united +the several kingdoms under his dominion. +[FN [h] Higden, lib. 5. [i] Chron. Sax. p. 52 [k] Will. Malmes. lib. +1. cap. 1. p. 11.] + +[MN The kingdom of Northumberland.] +Adelfrid, King of Bernicia, having married Acca, the daughter of +Aella, King of Deiri, and expelled her infant brother, Edwin, had +united all the countries north of Humber into one monarchy, and +acquired a great ascendant in the Heptarchy. He also spread the +terror of the Saxon arms to the neighbouring people, and by his +victories over the Scots and Picts, as well as Welsh, extended on all +sides the bounds of his dominions. Having laid siege to Chester, the +Britons marched out with all their forces to engage him, and they were +attended by a body of 1250 monks from the monastery of Bangor, who +stood at a small distance from the field of battle, in order to +encourage the combatants by their presence and exhortations. +Adelfrid, inquiring the purpose of this unusual appearance, was told, +that these priests had come to pray against him: THEN ARE THEY AS MUCH +OUR ENEMIES, said he, AS THOSE WHO INTEND TO FIGHT AGAINST US [l]: and +he immediately sent a detachment, who fell upon them, and did such +execution, that only fifty escaped with their lives [m]. The Britons, +astonished at this event, received a total defeat; Chester was obliged +to surrender; and Adelfrid, pursuing his victory, made himself master +of Bangor, and entirely demolished the monastery, a building so +extensive that there was a mile's distance from one gate of it to +another, and it contained two thousand one hundred monks, who are said +to have been there maintained by their own labour [n]. +[FN [l] Brompton, p. 779. [m] Trivet, apud Spell. Conc. p. 111. [n] +Bede, lib. 2. cap. 2. W. Malmes. lib. 1. cap. 3.] + +Notwithstanding Adelfrid's success in war, he lived in inquietude on +account of young Edwin, whom he had unjustly dispossessed of the crown +of Deiri. This prince, now grown to man's estate, wandered from place +to place in continual danger from the attempts of Adelfrid, and +received at last protection in the court of Redwald, King of the East +Angles, where his engaging and gallant deportment procured him general +esteem and affection. Redwald, however, was strongly solicited by the +King of Northumberland to kill or deliver up his guest; rich presents +were promised him if he would comply, and war denounced against him in +case of his refusal. After rejecting several messages of this kind, +his generosity began to yield to the motives of interest; and he +retained the last ambassador till he should come to a resolution in a +case of such importance. Edwin, informed of his friend's perplexity, +was yet determined at all hazards to remain in East Anglia, and +thought that if the protection of that court failed him, it were +better to die, than prolong a life so much exposed to the persecutions +of his powerful rival. This confidence in Redwald's honour and +friendship, with his other accomplishments, engaged the queen on his +side, and she effectually represented to her husband the infamy of +delivering up to certain destruction their royal guest, who had fled +to them for protection against his cruel and jealous enemies [o]. +Redwald, embracing more generous resolutions, thought it safest to +prevent Adelfrid, before that prince was aware of his intention, and +to attack him while he was yet unprepared for defence. He marched +suddenly with an army into the kingdom of Northumberland, and fought a +battle with Adelfrid, in which that monarch was defeated and killed, +after avenging himself by the death of Regner, son of Redwald [p]: his +own sons, Eanfrid, Oswald, and Oswy, yet infants, were carried into +Scotland, and Edwin obtained possession of the crown of +Northumberland. +[FN [o] W.. Malmes. lib. 1. cap. 3. H. Hunting. lib. 3 Bede [p] +Bede, lib. 2. cap. 12. Brompton, p. 781.] + +Edwin was the greatest prince of the Heptarchy in that age, and +distinguished himself, both by his influence over the other kingdoms +[q], and by the strict execution of justice in his own dominions. He +reclaimed his subjects from the licentious life to which they had been +accustomed; and it was a common saying, that during his reign a woman +or child might openly carry every where a purse of gold, without any +danger of violence or robbery. There is a remarkable instance, +transmitted to us, of the affection borne him by his servants. +Cuichelme, King of Wessex, was his enemy, but finding himself unable +to maintain open war against so gallant and powerful a prince, he +determined to use treachery against him, and he employed one Eumer for +that criminal purpose. The assassin, having obtained admittance by +pretending to deliver a message from Cuichelme, drew his dagger and +rushed upon the king. Lilla, an officer of his army, seeing his +master's danger, and having no other means of defence, interposed with +his own body between the king and Eumer's dagger, which was pushed +with such violence, that after piercing Lilla, it even wounded Edwin; +but before the assassin could renew his blow, he was despatched by +the king's attendants. +[FN [q] Chron. Sax. p. 27.] + +The East Angles conspired against Redwald, their king, and having put +him to death, they offered their crown to Edwin, of whose valour and +capacity they had had experience, while he resided among them. But +Edwin, from a sense of gratitude towards his benefactor, obliged them +to submit to Earpwold, the son of Redwald; and that prince preserved +his authority, though on a precarious footing, under the protection of +the Northumbrian monarch [r]. +[FN [r] Gul. Malmes. lib. 1. cap. 3.] + +Edwin, after his accession to the crown, married Ethelburga, the +daughter of Ethelbert, King of Kent. This princess, emulating the +glory of her mother, Bertha, who had been the instrument for +converting her husband and his people to Christianity, carried +Paullinus, a learned bishop, along with her [s]; and besides +stipulating a toleration for the exercise of her own religion, which +was readily granted her, she used every reason to persuade the king to +embrace it. Edwin, like a prudent prince, hesitated on the proposal, +but promised to examine the foundations of that doctrine, and declared +that, if he found them satisfactory, he was willing to be converted +[t]. Accordingly, he held several conferences with Paullinus; +canvassed the arguments propounded with the wisest of his counsellors; +retired frequently from company, in order to revolve alone that +important question; and after a serious and long inquiry, declared in +favour of the Christian religion [u]: the people soon after imitated +his example. Besides the authority and influence of the king, they +were moved by another striking example. Coifi, the high priest, being +converted after a public conference with Paullinus, led the way in +destroying the images which he had so long worshipped, and was forward +in making this atonement for his past idolatry [w]. +[FN [s] H. Hunting. lib. 3. [t] Bede, lib. 2. cap. 9. [u] Ibid. W. +Malmes. lib 1. cap. 3. [w] Bede, lib. 2. cap. 13. Brompton, Higden, +lib. 5.] + +This able prince perished with his son, Osfrid, in a great battle +which he fought against Penda, King of Mercia, and Caedwalla, King of +the Britons [x]. That event, which happened in the forty-eighth year +of Edwin's age, and seventeenth of his reign [y], divided the monarchy +of Northumberland, which that prince had united in his person. +Eanfrid, the son of Adelfrid, returned with his brothers, Oswald and +Oswy, from Scotland, and took possession of Bernicia, his paternal +kingdom: Osric, Edwin's cousin-german, established himself at Deiri, +the inheritance of his family, but to which the sons of Edwin had a +preferable title. Eanfrid, the elder surviving son, fled to Penda, by +whom he was treacherously slain. The younger son, Vuscfraea, with +Yffi, the grandson of Edwin, by Osfrid, sought protection in Kent, and +not finding themselves in safety there, retired into France to King +Dagobert, where they died [z]. +[FN [x] Matth. West. p. 114 Chron. Sax. p. 29. [y] W. Malmes. lib 1. +cap. 3. [z] Bede, lib. 2. cap. 20.] + +Osric, King of Deiri, and Eanfrid, of Bernicia, returned to paganism, +and the whole people seem to have returned with them; since Paullinus, +who was the first Archbishop of York, and who had converted them, +thought proper to retire with Ethelburga, the queen dowager, into +Kent. Both these Northumbrian kings perished soon after, the first in +battle against Caedwalla, the Briton; the second by the treachery of +that prince. Oswald, the brother of Eanfrid, of the race of Bernicia, +united again the kingdom of Northumberland in the year 634, and +restored the Christian religion in his dominions. He gained a bloody +and well-disputed battle against Caedwalla; the last vigorous effort +which the Britons made against the Saxons. Oswald is much celebrated +for his sanctity and charity by the monkish historians, and they +pretend that his relics wrought miracles, particularly the curing of a +sick horse, which had approached the place of his interment [a]. +[FN [a] Ibid. lib. 3. cap. 9.] + +He died in battle against Penda, King of Mercia, and was succeeded by +his brother Oswy, who established himself in the government of the +whole Northumbrian kingdom, by putting to death Oswin, the son of +Osric, the last king of the race of Deiri. His son Egfrid succeeded +him; who perishing in battle against the Picts, without leaving any +children, because Adelthrid, his wife, refused to violate her vow of +chastity, Alfred, his natural brother, acquired possession of the +kingdom, which he governed for nineteen years, and he left it to +Osred, his son, a boy of eight years of age. This prince, after a +reign of eleven years, was murdered by Kenred, his kinsman, who, after +enjoying the crown only a year, perished by a like fate. Osric, and +after him Celwulph, the son of Kenred, next mounted the throne, which +the latter relinquished in the year 735, in favour of Eadbert, his +cousin-german, who, imitating his predecessor, abdicated the crown, +and retired into a monastery. Oswolf, son of Eadbert, was slain in a +sedition, a year after his accession to the crown; and Mollo, who was +not of the royal family, seized the crown. He perished by the +treachery of Ailred, a prince of the blood; and Ailred, having +succeeded in his design upon the throne, was soon after expelled by +his subjects. Ethelred, his successor, the son of Mollo, underwent a +like fate. Celwold, the next king, the brother of Ailred, was deposed +and slain by the people, and his place was filled by Osred, his +nephew, who, after a short reign of a year, made way for Ethelbert, +another son of Mollo, whose death was equally tragical with that of +almost all his predecessors. After Ethelbert's death an universal +anarchy prevailed in Northumberland, and the people having, by so many +fatal revolutions, lost all attachment to their government and +princes, were well prepared for subjection to a foreign yoke, which +Egbert, King of Wessex, finally imposed upon them. + +[MN The kingdom of East Anglia.] +The history of this kingdom contains nothing memorable except the +conversion of Earpwold, the fourth king, and great-grandson of Uffa, +the founder of the monarchy. The authority of Edwin, King of +Northumberland, on whom that prince entirely depended, engaged him to +take this step; but soon after, his wife, who was an idolatress, +brought him back to her religion, and he was found unable to resist +those allurements which had seduced the wisest of mankind. After his +death, which was violent, like that of most of the Saxon princes that +did not early retire into monasteries, Sigebert, his successor and +half brother, who had been educated in France, restored Christianity, +and introduced learning among the East Angles. Some pretend that he +founded the university of Cambridge, or rather some schools in that +place. It is almost impossible, and quite needless, to be more +particular in relating the transactions of the East Angles. What +instruction or entertainment can it give the reader, to hear a long +bead-roll of barbarous names, Egric, Annas, Ethelbert, Ethelwald, +Aldulf; Elfwald, Beorne, Ethelred, Ethelbert, who successively +murdered, expelled, or inherited from each other, and obscurely filled +the throne of that kingdom? Ethelbert, the last of these princes, was +treacherously murdered by Offa, King of Mercia, in the year 792, and +his state was thenceforth united with that of Offa, as we shall relate +presently. + +[MN The kingdom of Mercia.] +Mercia, the largest if not the most powerful kingdom of the Heptarchy, +comprehended all the middle counties of England, and as its frontiers +extended to those of all the other six kingdoms, as well as to Wales, +it received its name from that circumstance. Wibba, the son of Crida, +founder of the monarchy, being placed on the throne, by Ethelbert, +King of Kent, governed his paternal dominions by a precarious +authority, and after his death, Ceorl, his kinsman, was, by the +influence of the Kentish monarch, preferred to his son Penda, whose +turbulent character appeared dangerous to that prince. Penda was thus +fifty years of age before he mounted the throne, and his temerity and +restless disposition were found nowise abated by time, experience, or +reflection. He engaged in continual hostilities against all the +neighbouring states, and by his injustice and violence rendered +himself equally odious to his own subjects and to strangers. +Sigebert, Egric, and Annas, three kings of East Anglia, perished +successively in battle against him, as did also Edwin and Oswald, the +two greatest princes that had reigned over Northumberland. At last +Oswy, brother to Oswald, having defeated and slain him in a decisive +battle, freed the world from this sanguinary tyrant. Peada, his son, +mounted the throne of Mercia in 655, and lived under the protection of +Oswy, whose daughter he had espoused. This princess was educated in +the Christian faith, and she employed her influence with success, in +converting her husband and his subjects to that religion. Thus the +fair sex have had the merit of introducing the Christian doctrine into +all the most considerable kingdoms of the Saxon Heptarchy. Peada +died a violent death [b]. His son, Wolfhere, succeeded to the +government, and, after having reduced to dependence the kingdoms of +Essex and East Anglia, he, left the crown to his brother Ethelred, +who, though a lover of peace, showed himself not unfit for military +enterprises. Besides making a successful expedition into Kent, he +repulsed Egfrid, King of Northumberland, who had invaded his +dominions; and he slew in battle Elfwin, the brother of that prince. +Desirous, however, of composing all animosities with Egfrid, he paid +him a sum of money as a compensation for the loss of his brother. +After a prosperous reign of thirty years, he resigned the crown to +Kendred, son of Wolfhere, and retired into the monastery of Bardney +[c]. Kendred returned the present of the crown to Ceolred, the son of +Ethelred, and making a pilgrimage to Rome, passed his life there in +penance and devotion. The place of Ceolred was supplied by Ethelbald, +great-grand-nephew to Penda, by Alwy, his brother; and this prince, +being slain in a mutiny, was succeeded by Offa, who was a degree more +remote from Penda, by Eawa, another brother. +[FN [b] Hugo Candidus, p. 4, says, that he was treacherously murdered +by his queen, by whose persuasion he had embraced Christianity; but +this account of the matter is found in that historian alone. [c] +Bede, lib. 5.] + +This prince, who mounted the throne in 775 [d], had some great +qualities, and was successful in his warlike enterprises against +Lothaire, King of Kent, and Kenwulph, King of Wessex. He defeated the +former in a bloody battle at Otford upon the Darent, and reduced his +kingdom to a state of dependence: he gained a victory over the latter +at Bensington in Oxfordshire; and conquering that county, together +with that of Gloucester, annexed both to his dominions. But all these +successes were stained by his treacherous murder of Ethelbert, King of +the East Angles, and his violent seizing of that kingdom. This young +prince, who is said to have possessed great merit, had paid his +addresses to Elfrida, the daughter of Offa, and was invited with all +his retinue to Hereford, in order to solemnize the nuptials. Amidst +the joy and festivity of these entertainments, he was seized by Offa, +and secretly beheaded; and though Elfrida, who abhorred her father's +treachery, had time to give warning to the East Anglian nobility, who +escaped into their own country, Offa, having extinguished the royal +family, succeeded in his design of subduing that kingdom [e]. The +perfidious prince, desirous of re-establishing his character in the +world, and perhaps of appeasing the remorses of his own conscience, +paid great court to the clergy, and practised all the monkish devotion +so much esteemed in that ignorant and superstitious age. He gave the +tenth of his goods to the church [f]; bestowed rich donations on the +cathedral of Hereford, and even made a pilgrimage to Rome, where his +great power and riches could not fail of procuring him the papal +absolution. The better to ingratiate himself with the sovereign +pontiff, he engaged to pay him a yearly donation for the support of an +English college at Rome [g]; and, in order to raise the sum, he +imposed the tax of a penny on each house possessed of thirty pence a +year. This imposition being afterwards levied on all England, was +commonly denominated Peter's Pence [h]: and though conferred at first +as a gift, was afterwards claimed as a tribute by the Roman pontiff. +Carrying his hypocrisy still farther, Offa, feigning to be directed by +a vision from heaven, discovered at Verulam the relics of St. Alban, +the martyr, and endowed a magnificent monastery in that place [i]. +Moved by all these acts of piety, Malmesbury, one of the best of the +old English historians, declares himself at a loss to determine [k] +whether the merits or crimes of this prince preponderated. Offa died +after a reign of thirty-nine years, in 794 [l]. +[FN [d] Chron. Sax. p. 59. [e] Brompton, p. 750, 751, 752. [f] Spell. +Conc. p. 308. Brompton, p. 776. [g] Spell. Conc. p. 230, 310, 312. +[h] Higden, lib. 5. [i] Ingulph. p. 5. W. Malmes. lib. 1. cap. 4. +[k] Lib. 1. cap. 4.] + +This prince was become so considerable in the Heptarchy, that the +Emperor Charlemagne entered into an alliance and friendship with him; +a circumstance which did honour to Offa, as distant princes at that +time had usually little communication with each other. That emperor +being a great lover of learning and learned men, in an age very barren +of that ornament, Offa, at his desire, sent him over Alcuin, a +clergyman, much celebrated for his knowledge, who received great +honours from Charlemagne, and even became his preceptor in the +sciences. The chief reason why he had at first desired the company of +Alcuin, was, that he might oppose his learning to the heresy of Felix, +Bishop of Urgel, in Catalonia, who maintained that Jesus Christ, +considered in his human nature, could more properly be denominated the +adoptive, than the natural son of God [m]. This heresy was condemned +in the council of Francfort, held in 794, and consisting of 300 +bishops. Such were the questions which were agitated in that age, and +which employed the attention not only of cloistered scholars, but of +the wisest and greatest princes [n]. +[FN [l] Chron. Sax. p. 65 [m] Dupin, cent. 8. chap. 4. [n] Offa, in +order to protect his country from Wales; drew a rampart or ditch of a +hundred miles in length, from Basinwerke in Flintshire, to the south- +sea near Bristol. See SPEED'S DESCRIPTION OF WALES.] + +Egfrith succeeded to his father Offa, but survived him only five +months [o], when he made way for Kenulph, a descendant of the royal +family. This prince waged war against Kent, and taking Egbert the +king prisoner, he cut off his hands, and put out his eyes, leaving +Cuthred, his own brother, in possession of the crown of that kingdom. +Kenulph was killed in an insurrection of the East Anglians, whose +crown his predecessor, Offa, had usurped. He left his son, Kenelm, a +minor, who was murdered the same year by his sister, Quendrade, who +had entertained the ambitious views of assuming the government [p]. +But she was supplanted by her uncle Ceolulf; who, two years after, was +dethroned by Beornulf. The reign of this usurper, who was not of the +royal family, was short and unfortunate: he was defeated by the West +Saxons, and killed by his own subjects, the East Angles [q]. Ludican, +his successor, underwent the same fate [r]; and Wiglaff, who mounted +this unstable throne, and found every thing in the utmost confusion, +could not withstand the fortune of Egbert, who united all the Saxon +kingdoms into one great monarchy. +[FN [o] Ingulph. p. 6. [p] Ibid. p. 7. Brompton, p. 776 [q] +Ingulph. p. 7. [r] Ann. Beverl. p. 87.] + +[MN The kingdom of Essex.] +This kingdom made no great figure in the Heptarchy, and the history of +it is very imperfect. Sleda succeeded to his father, Erkinwin, the +founder of' the monarchy, and made way for his son, Sebert, who, being +nephew to Ethelbert, King of Kent, was persuaded by that prince to +embrace the Christian faith [s]. His sons and conjunct successors, +Sexted and Seward, relapsed into idolatry, and were soon after slain +in a battle against the West Saxons. To show the rude manner of +living in that age, Bede tells us [t], that these two kings expressed +great desire to eat the white bread, distributed by Mellitus, the +bishop, at the [u] communion. But on his refusing them, unless they +would submit to be baptized, they expelled him their dominions. The +names of the other princes who reigned successively in Essex, are +Sigebert the Little, Sigebert the Good who restored Christianity, +Swithelm, Sigheri, Offa. This last prince, having made a vow of +chastity, notwithstanding his marriage with Keneswitha, a Mercian +princess, daughter to Penda, went in pilgrimage to Rome, and shut +himself up during the rest of his life in a cloister. Selred, his +successor, reigned thirty-eight years, and was the last of the royal +line; the failure of which threw the kingdom into great confusion, and +reduced it to dependence under Mercia [w]. Switherd first acquired +the crown, by the concession of the Mercian princes, and his death +made way for Sigeric, who ended his life in a pilgrimage to Rome. His +successor, Sigered, unable to defend his kingdom, submitted to the +victorious arms of Egbert. +[FN [s] Chron. Sax. p. 24. [t] Lib. 2. cap. 5. [u] H. Hunting. lib. +3. Brompton, p. 738, 743. Bede. [w] Malmes lib. 1. cap. 6.] + +[MN The kingdom of Sussex.] +The history of this kingdom, the smallest in the Heptarchy, is still +more imperfect than that of Essex. Aella, the founder of the +monarchy, left the crown to his son Cissa, who is chiefly remarkable +for his long reign of seventy-six years. During his time, the South +Saxons fell almost into a total dependence on the kingdom of Wessex, +and we scarcely know the names of the princes who were possessed of +this titular sovereignty. Adelwalch, the last of them, was subdued in +battle by Ceodwalla, King of Wessex, and was slain in the action, +leaving two infant sons, who, falling into the hand of the conqueror, +were murdered by him. The Abbot of Retford opposed the order for this +execution, but could only prevail on Ceodwalla to suspend it till they +should be baptized. Bercthun and Audhun, two noblemen of character, +resisted some time the violence of the West Saxons, but their +opposition served only to prolong the miseries of their country, and +the subduing of this kingdom was the first step which the West Saxons +made towards acquiring the sole monarchy of England [x]. +[FN [x] Brompton, p. 800.] + +[MN The Kingdom of Wessex.] +The kingdom of Wessex, which finally swallowed up all the other Saxon +states, met with great resistance on its first establishment: and the +Britons, who were now inured to arms, yielded not tamely their +possessions to those invaders. Cerdic, the founder of the monarchy, +and his son, Kenric, fought many successful, and some unsuccessful, +battles against the natives; and the martial spirit, common to all the +Saxons, was, by means of these hostilities, carried to the greatest +height, among this tribe. Ceaulin, who was the son and successor of +Kenric, and who began his reign in 560, was still more ambitious and +enterprising than his predecessors, and by waging continual war +against the Britons, he added a great part of the counties of Devon +and Somerset to his other dominions. Carried along by the tide of +success, he invaded the other Saxon states in his neighbourhood, and +becoming terrible to all, he provoked a general confederacy against +him. This alliance proved successful under the conduct of Ethelbert, +King of Kent; and Ceaulin, who had lost the affections of his own +subjects by his violent disposition, and had now fallen into contempt +from his misfortunes, was expelled the throne [y], and died in exile +and misery. Cuichelme and Cuthwin, his sons, governed jointly the +kingdom, till the expulsion of the latter in 591, and the death of the +former in 593, made way for Cealric, to whom succeeded Ceobald in 593, +by whose death, which happened in 611, Kynegils inherited the crown. +This prince embraced Christianity [z], through the persuasion of +Oswald, King of Northumberland, who had married his daughter, and who +had attained a great ascendant in the Heptarchy. Kenwalch next +succeeded to the monarchy, and dying in 672, left the succession so +much disputed, that Sexburga, his widow, a woman of spirit [a], kept +possession of the government till her death, which happened two years +after. Escwin then peaceably acquired the crown, and after a short +reign of two years made way for Kentwin, who governed nine years. +Ceodwalla, his successor, mounted not the throne without opposition, +but proved a great prince according to the ideas of those times; that +is, he was enterprising, warlike, and successful. He entirely subdued +the kingdom of Sussex, and annexed it to his own dominions. He made +inroads into Kent, but met with resistance from Widred, the king, who +proved successful against Mollo, brother to Ceodwalla, and slew him in +a skirmish. Ceodwalla, at last, tired with wars and bloodshed, was +seized with a fit of devotion; bestowed several endowments on the +church; and made a pilgrimage to Rome, where he received baptism, and +died in 689. Ina, his successor, inherited the military virtues of +Ceodwalla, and added to them the more valuable ones of justice, +policy, and prudence. He made war upon the Britons in Somerset, and +having finally subdued that province, he treated the vanquished with a +humanity hitherto unknown to the Saxon conquerors. He allowed the +proprietors to retain possession of their lands, encouraged marriages +and alliances between them and his ancient subjects, and gave them the +privilege of being governed by the same laws. These laws he augmented +and ascertained, and though he was disturbed by some insurrections at +home, his long reign of thirty-seven years may be regarded as one of +the most glorious and most prosperous of the Heptarchy. In the +decline of his age he made a pilgrimage to Rome, and after his return, +shut himself up in a cloister, where he died. +[FN [y] Chron. Sax. p. 22. [z] Higden, lib. 5. Chron. Sax. p. 15. +Ann. Beverl. p. 93. [a] Bede, lib 4 cap 12. Chron. Sax. p. 41.] + +Though the kings of Wessex had always been princes of the blood, +descended from Cerdic, the founder of the monarchy, the order of +succession had been far from exact, and a more remote prince had often +found means to mount the throne in preference to one descended from a +nearer branch of the royal family. Ina, therefore, having no children +of his own, and lying much under the influence of Ethelburga, his +queen, left by will the succession to Adelard, her brother, who was +his remote kinsman; but this destination did not take place without +some difficulty. Oswald, a prince more nearly allied to the crown, +took arms against Adelard; but he being suppressed, and dying soon +after, the title of Adelard was not any farther disputed, and, in the +year 741, he was succeeded by his cousin, Cudred. The reign of this +prince was distinguished by a great victory, which he obtained by +means of Edelhun, his general, over Ethelbald, King of Mercia. His +death made way for Sigebert, his kinsman, who governed so ill, that +his people rose in an insurrection and dethroned him, crowning Cenulph +in his stead. The exiled prince found a refuge with Duke Cumbran, +governor of Hampshire, who, that he might add new obligations to +Sigebert, gave him many salutary counsels for his future conduct, +accompanied with some reprehensions for the past. But these were so +much resented by the ungrateful prince, that he conspired against the +life of his protector, and treacherously murdered him. After this +infamous action, he was forsaken by all the world, and skulking about +in the wilds and forests, was at last discovered by a servant of +Cumbran's, who instantly took revenge upon him for the murder of his +master [b]. +[FN [b] Higden, lib. 5. W. Malmes. lib. 1. cap. 2.] + +Cenulph, who had obtained the crown on the expulsion of Sigebert, was +fortunate in many expeditions against the Britons of Cornwall, but +afterwards lost some reputation by his ill success against Offa, King +of Mercia [c]. Kynehard also, brother to the deposed Sigebert, gave +him disturbance, and though expelled the kingdom, he hovered on the +frontiers, and watched an opportunity for attacking his rival. The +king had an intrigue with a young woman who lived at Merton in Surrey, +whither having secretly retired, he was on a sudden environed, in the +night time, by Kynehard and his followers, and, after making a +vigorous resistance, was murdered with all his attendants. The +nobility and people of the neighbourhood, rising next day in arms, +took revenge on Kynehard for the slaughter of their king, and put +every one to the sword who had been engaged in that criminal +enterprise. This event happened in 784. +[FN [c] W. Malmes. lib. 1. cap 3.] + +Brithric next obtained possession of the government, though remotely +descended from the royal family, but he enjoyed not that dignity +without inquietude. Eoppa, nephew to King Ina, by his brother Ingild, +who died before that prince, had begot Eta, father to Alchmond, from +whom sprung Egbert [d], a young man of the most promising hopes, who +gave great jealousy to Brithric, the reigning prince, both because he +seemed by his birth better entitled to the crown, and because he had +acquired, to an eminent degree, the affections of the people. Egbert, +sensible of his danger from the suspicions of Brithric, secretly +withdrew into France [e], where he was well received by Charlemagne. +By living in the court, and serving in the armies of that prince, the +most able and most generous that had appeared in Europe during several +ages, he acquired those accomplishments which afterwards enabled him +to make such a shining figure on the throne; and familiarizing himself +to the manners of the French, who, as Malmesbury observes [f], were +eminent both for valour and civility above all the western nations, he +learned to polish the rudeness and barbarity of the Saxon character: +his early misfortunes thus proved of singular advantage to him. +[FN [d] Chron. Sax. p. 16. [e] H. Hunting. lib. 4. [f] Lib. 2 cap. +11.] + +It was not long ere Egbert had opportunities of displaying his natural +and acquired talents. Brithric, King of Wessex, had married Eadburga, +natural daughter of Offa, King of Mercia, a profligate woman, equally +infamous for cruelty and for incontinence. Having great influence +over her husband, she often instigated him to destroy such of the +nobility as were obnoxious to her; and where this expedient failed, +she scrupled not being herself active in traitorous attempts against +them. She had mixed a cup of poison for a young nobleman who had +acquired her husband's friendship, and had on that account become the +object of her jealousy; but, unfortunately, the king drank of the +fatal cup along with his favourite, and soon after expired [g]. This +tragical incident, joined to her other crimes, rendered Eadburga so +odious, that she was obliged to fly into France, whence Egbert was at +the same time recalled by the nobility, in order to ascent the throne +of his ancestors [h]. He attained that dignity in the last year of +the eighth century. +[FN [g] Higden, lib. 5. M. West. p. 152. Asser. in vita Alfredi, p. +3. ex edit. Camdeni. [h] Chron. Sax. A. D. 800. Brompton, p. 801.] + +In the kingdoms of the Heptarchy, an exact rule of succession was +either unknown or not strictly observed, and thence the reigning +prince was continually agitated with jealousy against all the princes +of the blood, whom he still considered as rivals, and whose death +alone could give him entire security in his possession of the throne. +From this fatal cause, together with the admiration of the monastic +life, and the opinion of merit attending the preservation of chastity +even in a married state, the royal families had been entirely +extinguished in all the kingdoms except that of Wessex, and the +emulations, suspicions, and conspiracies, which had formerly been +confined to the princes of the blood alone, were now diffused among +all the nobility in the several Saxon states. Egbert was the sole +descendant of those first conquerors who subdued Britain, and who +enhanced their authority by claiming a pedigree from Woden, the +supreme divinity of their ancestors. But that prince, though invited +by this favourable circumstance to make attempts on the neighbouring +Saxons, gave them for some time no disturbance, and rather chose to +turn his arms against the Britons in Cornwall, whom he defeated in +several [i] battles. He was recalled from the conquest of that +country by an invasion made upon his dominions by Bernulf, King of +Mercia. +[FN [i] Chron. Sax. p. 69.] + +The Mercians, before the accession of Egbert, had very nearly attained +the absolute sovereignty in the Heptarchy; they had reduced the East +Angles under subjection, and established tributary princes in the +kingdoms of Kent and Essex. Northumberland was involved in anarchy; +and no state of any consequence remained but that of Wessex, which, +much inferior in extent to Mercia, was supported solely by the great +qualities of its sovereign. Egbert led his army against the invaders, +and encountering them at Ellandun, in Wiltshire, obtained a complete +victory, and by the great slaughter which he made of them in their +flight, gave a mortal blow to the power of the Mercians. Whilst he +himself, in prosecution of his victory, entered their country on the +side of Oxfordshire, and threatened the heart of their dominions, he +sent an army into Kent, commanded by Ethelwolf, his eldest son [k], +and expelling Baldred, the tributary king, soon made himself master of +that country. The kingdom of Essex was conquered with equal facility, +and the East Angles, from their hatred to the Mercian government, +which had been established over them by treachery and violence, and +probably exercised with tyranny, immediately rose in arms, and craved +the protection of Egbert [l]. Bernulf, the Mercian king, who marched +against them, was defeated and slain; and two years after, Ludican, +his successor, met with the same fate. These insurrections and +calamities facilitated the enterprises of Egbert, who advanced into +the centre of the Mercian territories, and made easy conquests over a +dispirited and divided people. In order to engage them more easily to +submission, he allowed Wiglef, their countryman, to retain the title +of king, while he himself exercised the real powers of sovereignty +[m]. The anarchy which prevailed in Northumberland, tempted him to +carry still farther his victorious arms; and the inhabitants, unable +to resist his power, and desirous of possessing some established form +of government, were forward, on his first appearance, to send +deputies, who submitted to his authority, and swore allegiance to him +as their sovereign. Egbert, however, still allowed to Northumberland, +as he had done to Mercia and East Anglia, the power of electing a +king, who paid him tribute, and was dependent on him. +[FN [k] Ethelward, lib. 3. cap. 2. [1] Ethelward, lib. 3. cap. 3. +[m] Ingulph. p. 7, 8, 10] + +Thus were united all the kingdoms of the Heptarchy in one great state, +near four hundred years after the first arrival of the Saxons in +Britain, and the fortunate arms and prudent policy of Egbert at last +effected what had been so often attempted in vain by so many princes +[n]. Kent, Northumberland, and Mercia, which had successively aspired +to general dominion, were now incorporated in his empire, and the +other subordinate kingdoms seemed willingly to share the same fate. +His territories were nearly of the same extent with what is now +properly called England; and a favourable prospect was afforded to the +Anglo-Saxons, of establishing a civilized monarchy, possessed of +tranquillity within itself, and secure against foreign invasion. This +great event happened in the year 827 [o]. +[FN [n] Chron. Sax. p. 71. [o] Ibid.] + +The Saxons, though they had been so long settled in the island, seem +not as yet to have been much improved beyond their German ancestors, +either in arts, civility, knowledge, humanity, justice, or obedience +to the laws. Even Christianity, though it opened the way to +connexions between them and the more polished states of Europe, had +not hitherto been very effectual in banishing their ignorance, or +softening their barbarous manners. As they received that doctrine +through the corrupted channels of Rome, it carried along with it a +great mixture of credulity and superstition, equally destructive to +the understanding and to morals. The reverence towards saints and +relics seems to have almost supplanted the adoration of the Supreme +Being. Monastic observances were esteemed more meritorious than the +active virtues; the knowledge of natural causes were neglected from +the universal belief of miraculous interpositions and judgments; +bounty to the church atoned for every violence against society; and +the remorses for cruelty, murder, treachery, assassination, and the +more robust vices, were appeased, not by amendment of life, but by +penances, servility to the monks, and an abject and illiberal devotion +[p]. The reverence for the clergy had been carried to such a height, +that, wherever a person appeared in a sacerdotal habit, though on the +high way, the people flocked around him, and, showing him all marks of +profound respect, received every word he uttered as the most sacred +oracle [q]. Even the military virtues, so inherent in all the Saxon +tribes, began to be neglected; and the nobility, preferring the +security and sloth of the cloister to the tumults and glory of war, +valued themselves chiefly on endowing monasteries, of which they +assumed the government [r]. The several kings, too, being extremely +impoverished by continual benefactions to the church to which the +states of their kingdoms had weakly assented, could bestow no rewards +on valour or military services, and retained not even sufficient +influence to support their government [s]. +[FN [p] These abuses were common to all the European churches, but the +priests in Italy, Spain, and Gaul made some atonement for them, by +other advantages which they rendered society. For several ages, they +were almost all Romans, or, in other words, the ancient natives, and +they preserved the Roman language and laws, with some remains of the +former civility. But the priests in the Heptarchy, after the first +missionaries, were wholly Saxons, and almost as ignorant and barbarous +as the laity. They contributed, therefore, little to the improvement +of society in knowledge or the arts. [q] Bede, lib 3. cap. 26. [r] +Ibid. lib. 5. cap. 23. Epistola Bedae ad Egbert. [s] Bedae Epist. ad +Egbert.] + +Another inconvenience which attended this corrupt species of +Christianity, was the superstitious attachment to Rome, and the +gradual subjection of the kingdom to a foreign jurisdiction. The +Britons, having never acknowledged any subordination to the Roman +pontiff, had conducted all ecclesiastical government by their domestic +synods and councils [t]; but the Saxons, receiving their religion from +Roman monks, were taught at the same time a profound reverence for +that see, and were naturally led to regard it as the capital of their +religion. Pilgrimages to Rome were represented as the most +meritorious acts of devotion. Not only noblemen and ladies of rank +undertook this tedious journey [u], but kings themselves, abdicating +their crowns, sought for a secure passport to heaven at the feet of +the Roman pontiff; new relics, perpetually sent from that endless mint +of superstition, and magnified by lying miracles, invented in +convents, operated on the astonished minds of the multitude; and every +prince has attained the eulogies of the monks, the only historians of +those ages, not in proportion to his civil and military virtues, but +to his devoted attachment towards their order, and his superstitious +reverence for Rome. +[FN [t] Append. to Bede, numb. 10. ex edit, 1722. Spellm. Conc. p. +108, 109. [u] Bede, lib. 5. c. 7.] + +The sovereign pontiff, encouraged by this blindness and submissive +disposition of the people, advanced every day in his encroachments on +the independence of the English churches. Wilfrid, Bishop of +Lindisferne, the sole prelate of the Northumbrian kingdom, increased +this subjection in the eighth century, by his making an appeal to Rome +against the decisions of an English synod, which had abridged his +diocese by the erection of some new bishoprics [w]. Agatho, the pope, +readily embraced this precedent of an appeal to his court; and +Wilfrid, though the haughtiest and most luxurious prelate of his age +[x], having obtained with the people the character of sanctity, was +thus able to lay the foundation of this papal pretension. +[FN [w] See Appendix to Bede, numb. 19. Higden, lib. 5. [x] Eddius, +vita Vilfr. § 24, 60] + +The great topic by which Wilfrid confounded the imaginations of men +was, that St. Peter, to whose custody the keys of heaven were +intrusted, would certainly refuse admittance to every one who should +be wanting in respect to his successor. This conceit, well suited to +vulgar conceptions, made great impression on the people during several +ages, and has not even at present lost all influence in the catholic +countries. + +Had this abject superstition produced general peace and tranquillity, +it had made some atonement for the ill attending it; but besides the +usual avidity of men for power and riches, frivolous controversies in +theology were engendered by it, which were so much the more fatal, as +they admitted not, like the others, of any final determination from +established possession. The disputes excited in Britain were of the +most ridiculous kind, and entirely worthy of those ignorant and +barbarous ages. There were some intricacies, observed by all the +Christian churches, in adjusting the day of keeping Easter, which +depended on a complicated consideration of the course of the sun and +moon: and it happened that the missionaries, who had converted the +Scots and Britons, had followed a different calendar from that which +was observed at Rome in the age when Augustine converted the Saxons. +The priests also of all the Christian churches were accustomed to +shave part of their head; but the form given to this tonsure was +different in the former from what was practised in the latter. The +Scots and Britons pleaded the antiquity of THEIR usages; the Romans, +and their disciples, the Saxons, insisted on the universality of +THEIRS. That Easter must necessarily be kept by a rule, which +comprehended both the day of the year and age of the moon, was agreed +by all; that the tonsure of a priest could not be omitted without the +utmost impiety, was a point undisputed; but the Romans and Saxons +called their antagonists schismatics, because they celebrated Easter +on the very day of the full moon in March, if that day fell on a +Sunday, instead of waiting till the Sunday following; and because they +shaved the forepart of their head from ear to ear, instead of making +that tonsure on the crown of the head, and in a circular form. In +order to render their antagonists odious, they affirmed, that once in +seven years, they concurred with the Jews in the time of celebrating +that festival [y]; and that they might recommend their own form of +tonsure, they maintained that it imitated symbolically the crown of +thorns worn by Christ in his passion, whereas the other form was +invented by Simon Magus, without any regard to that representation +[z]. These controversies had, from the beginning, excited such +animosity between the British and Romish priests, that, instead of +concurring in their endeavours to convert the idolatrous Saxons, they +refused all communion together, and each regarded his opponent as no +better than a pagan [a]. The dispute lasted more than a century, and +was at last finished, not by men’s discovering the folly of it, which +would have been too great an effort for human reason to accomplish, +but by the entire prevalence of the Romish ritual over the Scotch and +British [b]. Wilfrid, Bishop of Lindisferne, acquired great merit, +both with the court of Rome and with all the Southern Saxons, by +expelling the quartodeciman schism, as it was called, from the +Northumbrian kingdom, into which the neighbourhood of the Scots had +formerly introduced it [c]. +[FN [y] Bede, lib. 2. cap. 19. [z] Ibid. lib. 5. cap. 21. Eddius, +Sec. 24. [a] Bede, lib. 2. cap. 2. 4. 20. Eddius, Sec. 12. [b] +Bede, lib. 5. cap. 16, 22. [c] Bede, lib. 3. cap. 25. Eddius, Sec. +12] + +Theodore, Archbishop of Canterbury, called, in the year 680, a synod +at Hatfield, consisting of all the bishops in Britain [d], where was +accepted and ratified the decree of the Lateran council, summoned by +Martin, against the heresy of the Monothelites. The council and synod +maintained, in opposition to these heretics, that though the divine +and human nature in Christ made but one person, yet they had different +inclinations, wills, acts, and sentiments, and that the unity of the +person implied not unity in the consciousness [e]. This opinion it +seems somewhat difficult to comprehend; and no one, unacquainted with +the ecclesiastical history of those ages, could imagine the height of +zeal and violence with which it was then inculcated. The decree of +the Lateran council calls the Monothelites impious, execrable, wicked, +abominable, and even diabolical; and curses and anathematizes them to +all eternity [f]. +[FN [d] Spell. Conc. vol. 1. p. 168. [e] Spell. Conc. vol. 1. p. 171. +[f] Ibid. p. 172, 173, 174.] + +The Saxons, from the first introduction of Christianity among them, +had admitted the use of images; and perhaps, that religion, without +some of those exterior ornaments, had not made so quick a progress +with these idolaters: but they had not paid any species of worship or +address to images; and this abuse never prevailed among Christians, +till it received the sanction of the second council of Nice. + + + + +CHAPTER II. + +EGBERT.--ETHELWOLF.--ETHELBALD AND ETHELBERT.--ETHERED.—ALFRED THE +GREAT.--EDWARD THE ELDER.--ATHELSTAN.--EDMUND.—-EDRED--EDWY.--EDGAR.-- +EDWARD THE MARTYR. + + + +[MN Egbert 827.] +The kingdoms of the Heptarchy, though united by so recent a conquest, +seemed to be firmly cemented into one state under Egbert; and the +inhabitants of the several provinces had lost all desire of revolting +from that monarch, or of restoring their former independent +governments. Their language was every where nearly the same, their +customs, laws, institutions, civil and religious; and as the race of +the ancient kings was totally extinct in all the subjected states, the +people readily transferred their allegiance to a prince who seemed to +merit it by the splendour of his victories, the vigour of his +administration, and the superior nobility of his birth. A union also +in government opened to them the agreeable prospect of future +tranquillity; and it appeared more probable that they would henceforth +become formidable to their neighbours, than be exposed to their +inroads and devastations. But these flattering views were soon +overcast by the appearance of the Danes, who, during some centuries, +kept the Anglo-Saxons in perpetual inquietude, committed the most +barbarous ravages upon them, and at last reduced them to grievous +servitude. + +The Emperor Charlemagne, though naturally generous and humane, had +been induced by bigotry to exercise great severities upon the pagan +Saxons in Germany, whom he subdued; and besides often ravaging their +country with fire and sword, he had in cool blood decimated all the +inhabitants for their revolts, and had obliged them, by the most +rigorous edicts, to make a seeming compliance with the Christian +doctrine. That religion, which had easily made its way among the +British Saxons by insinuation and address, appeared shocking to their +German brethren, when imposed on them by the violence of Charlemagne, +and the more generous and warlike of these pagans had fled northward +into Jutland, in order to escape the fury of his persecutions. +Meeting there with a people of similar manners, they were readily +received among them; and they soon stimulated the natives to concur in +enterprises, which both promised revenge on the haughty conqueror, and +afforded subsistence to those numerous inhabitants with which the +northern countries were now overburdened [g]. They invaded the +provinces of France, which were exposed by the degeneracy and +dissensions of Charlemagne’s posterity; and being there known under +the general name of Normans, which they received from their northern +situation, they became the terror of all the maritime and even of the +inland countries. They were also tempted to visit England in their +frequent excursions; and being able, by sudden inroads, to make great +progress over a people who were not defended by any naval force, who +had relaxed their military institutions, and who were sunk into a +superstition which had become odious to the Danes and ancient Saxons, +they made no distinction in their hostilities between the French and +English kingdoms. Their first appearance in this island was in the +year 787 [h], when Brithric reigned in Wessex. A small body of them +landed in that kingdom, with a view of learning the state of the +country; and when the magistrate of the place questioned them +concerning their enterprise, and summoned them to appear before the +king, and account for their intentions, they killed him, and, flying +to their ships, escaped into their own country. The next alarm was +given to Northumberland in the year 794 [i], when a body of these +pirates pillaged a monastery: but their ships being much damaged by a +storm, and their leader slain in a skirmish, they were at last +defeated by the inhabitants, and the remainder of them put to the +sword. Five years after Egbert had established his monarchy over +England, the Danes landed in the Isle of Shepey, and having pillaged +it, escaped with impunity [k]. They were not so fortunate in their +next year’s enterprise, when they disembarked from thirty-five ships, +and were encountered by Egbert, at Charmouth, in Dorsetshire. The +battle was bloody; but though the Danes lost great numbers, they +maintained the post they had taken, and thence made good their retreat +to their ships [l]. Having learned by experience, that they must +expect a vigorous resistance from this warlike prince, they entered +into an alliance with the Britons of Cornwall, and landing two years +after in that country, made an inroad with their confederates into the +county of Devon, but were met at Hengesdown by Egbert, and totally +defeated [m]. While England remained in this state of anxiety, and +defended itself more by temporary expedients than by any regular plan +of administration, Egbert, who alone was able to provide effectually +against this new evil, unfortunately died [MN 838.], and left the +government to his son Ethelwolf. +[FN [g] Ypod. Neustria, p. 414. [h] Chron. Sax. p. 64. [i] Chron. +Sax. p 64. Alur. Beverl. p. 108. [k] Chron. Sax. p. 72. [l] Chron. +Sax. p. 72. Ethelward, lib. 3. cap. 2. [m] Chron. Sax. p. 72.] + +[MN Ethelwolf.] +This prince had neither the abilities nor the vigour of his father; +and was better qualified for governing a convent than a kingdom [n]. +He began his reign with making a partition of his dominions, and +delivering over to his eldest son, Athelstan, the new-conquered +provinces of Essex, Kent, and Sussex. But no inconveniences seem to +have risen from this partition, as the continual terror of the Danish +invasions prevented all domestic dissension. A fleet of these +ravagers, consisting of thirty-three sail, appeared at Southampton, +but were repulsed with loss by Wolfhere, governor of the neighbouring +county [o]. The same year, Aethelhelm, governor of Dorsetshire, +routed another band which had disembarked at Portsmouth, but he +obtained the victory after a furious engagement, and he bought it with +the loss of his life [p]. Next year the Danes made several inroads +into England, and fought battles, or rather skirmishes, in East Anglia +and Lindesey and Kent, where, though they were sometimes repulsed and +defeated, they always obtained their end of committing spoil upon the +country, and carrying off their booty. They avoided coming to a +general engagement, which was not suited to their plan of operations. +Their vessels were small, and ran easily up the creeks and rivers, +where they drew them ashore, and having formed an entrenchment round +them, which they guarded with part of their number, the remainder +scattered themselves every where, and carrying off the inhabitants and +cattle and goods, they hastened to their ships and quickly +disappeared. If the military force of the county were assembled, (for +there was no time for troops to march from a distance,) the Danes +either were able to repulse them, and to continue their ravages with +impunity, or they betook themselves to their vessels, and setting +sail, suddenly invaded some distant quarter, which was not prepared +for their reception. Every part of England was held in continual +alarm, and the inhabitants of one county durst not give assistance to +those of another, lest their own families and property should in the +mean time be exposed by their absence to the fury of these barbarous +ravagers [q]. All orders of men were involved in this calamity, and +the priests and monks, who had been commonly spared in the domestic +quarrels of the Heptarchy, were the chief objects on which the Danish +idolators exercised their rage and animosity. Every season of the +year was dangerous, and the absence of the enemy was no reason why any +man could esteem himself a moment in safety. +[FN [n] Wm. Malmes. lib. 2. cap. 2. [o] Chron. Sax. p. 73. +Ethelward, lib. 3. [p] Chron. Sax. p. 73. H. Hunting. lib. 5. [q] +Alured. Beverl. p. 108.] + +[MN 851.] +These incursions had now become almost annual, when the Danes, +encouraged by their successes against France as well as England, (for +both kingdoms were alike exposed to this dreadful calamity,) invaded +the last in so numerous a body, as seemed to threaten it with +universal subjection. But the English, more military than the +Britons, whom a few centuries before they had treated with like +violence, roused themselves with a vigour proportioned to the +exigency. Ceorle, governor of Devonshire, fought a battle with one +body of the Danes at Wiganburgh [r], and put them to rout with great +slaughter. King Athelstan attacked another at sea near Sandwich, sunk +nine of their ships, and put the rest to flight [s]. A body of them, +however, ventured, for the first time, to take up winter quarters in +England; and receiving in the spring a strong reinforcement of their +countrymen in 350 vessels, they advanced from the Isle of Thanet, +where they had stationed themselves, burnt the cities of London and +Canterbury, and having put to flight Brichtric, who now governed +Mercia under the title of king, they marched into the heart of Surrey, +and laid every place waste around them. Ethelwolf, impelled by the +urgency of the danger, marched against them at the head of the West +Saxons, and carrying with him his second son, Ethelbald, gave them +battle at Okely, and gained a bloody victory over them. This +advantage procured but a short respite to the English. The Danes +still maintained their settlement in the Isle of Thanet, and being +attacked by Ealher and Huda, governors of Kent and Surrey, though +defeated in the beginning of the action, they finally repulsed the +assailants [MN 853.], and killed both the governors. They removed +thence to the Isle of Shepey; where they took up their winter +quarters, that they might farther extend their devastation and +ravages. +[FN [r] H. Hunt. lib. 5 Ethelward, lib. 3. cap. 3. Simeon Dunelm. p. +120. [s] Chron. Sax. p. 74. Asserius, p. 2.] + +This unsettled state of England hindered not Ethelwolf from making a +pilgrimage to Rome, whither he carried his fourth and favourite son, +Alfred, then only six years of age [t]. He passed there a twelvemonth +in exercises of devotion, and failed not in that most essential part +of devotion, liberality to the church of Rome. Besides giving +presents to the more distinguished ecclesiastics, he made a perpetual +grant of three hundred mancuses [u] a year to that see; one-third to +support the lamps of St. Peter’s, another those of St. Paul’s, a third +to the pope himself [w]. In his return home he married Judith, +daughter of the emperor, Charles the Bald, but on his landing in +England, he met with an opposition which he little looked for. +[FN [t] Asserius, p. 2. Chron. Sax. 76. Hunt. lib. 5. [u] A mancus +was about the weight of our present half-crown: see Spellman’s +Glossary, IN VERBO Mancus. [w] W. Malmes. lib. 2. cap 2.] + +His eldest son, Athelstan, being dead, Ethelbald, his second, who had +assumed the government, formed, in concert with many of the nobles, +the project of excluding his father from a throne, which his weakness +and superstition seemed to have rendered him so ill-qualified to fill. +The people were divided between the two princes, and a bloody civil +war, joined to all the other calamities under which the English +laboured, appeared inevitable, when Ethelwolf had the facility to +yield to the greater part of his son’s pretensions. He made with him +a partition of the kingdom, and taking to himself the eastern part, +which was always at that time esteemed the least considerable, as well +as the most exposed [x], he delivered over to Ethelbald the +sovereignty of the western. Immediately after, he summoned the states +of the whole kingdom, and with the same facility conferred a perpetual +and important donation on the church. +[FN [x] Asserius, p. 3. W. Malmes. lib. 2. cap. 2. Matth. West. p. +1, 8.] + +The ecclesiastics, in those days of ignorance, made rapid advances in +the acquisition of power and grandeur; and inculcating the most absurd +and most interested doctrines, though they sometimes met, from the +contrary interests of the laity, with an opposition which it required +time and address to overcome, they found no obstacle in their reason +or understanding. Not content with the donations of land made them by +the Saxon princes and nobles, and with temporary oblations, from the +devotion of the people, they had cast a wishful eye on a vast revenue, +which they claimed as belonging to them by a sacred and indefeasible +title. However little versed in the Scriptures, they had been able to +discover that, under the Jewish law, a tenth of all the produce of +land was conferred on the priesthood; and forgetting, what they +themselves taught, that the moral part only of that law was obligatory +on Christians, they insisted that this donation conveyed a perpetual +property, inherent by divine right in those who officiated at the +altar. During some centuries, the whole scope of sermons and homilies +was directed to this purpose, and one would have imagined, from the +general tenor of these discourses, that all the practical parts of +Christianity were comprised in the exact and faithful payment of +tithes to the clergy [y]. Encouraged by their success in inculcating +these doctrines, they ventured farther than they were warranted even +by the Levitical law, and pretended to draw the tenth of all industry, +merchandise, wages of labourers, and pay of soldiers [z]; nay, some +canonists went so far as to affirm, that the clergy were entitled to +the tithe of the profits made by courtesans in the exercise of their +profession [a]. Though parishes had been instituted in England by +Honorius, Archbishop of Canterbury, near two centuries before [b], the +ecclesiastics had never yet been able to get possession of the tithes; +they therefore seized the present favourable opportunity of making +that acquisition, when a weak, superstitious prince filled the throne, +and when the people, discouraged by their losses from the Danes, and +terrified with the fear of future invasions, were susceptible of any +impression which bore the appearance of religion [c]. So meritorious +was this concession deemed by the English, that trusting entirely to +supernatural assistance, they neglected the ordinary means of safety, +and agreed, even in the present desperate extremity, that the revenues +of the church should be exempted from all burthens, though imposed for +national defence and security [d]. +[FN [y] Padre Paolo, sopra beneficii ecclesiastici, p. 51, 52. edit. +Colon. 1675 [z] Spell. Conc. vol. i. p. 268. [a] Padre Paolo, p. +132. [b] Parker, p. 77. [c] lngulph. p. 862. Selden’s Hist. of +Tithes, c. 8. [d] Asserius, p. 2. Chron. Sax. p. 76. W. Malmes. +lib. 2. cap. 2. Ethelward, lib. 3. cap. 3. M. West. p. 158. +Ingulph. p. 17. Alur. Beverl. p. 95] + +[MN Ethelbald and Ethelbert. 857.] +Ethelwolf lived only two years after making this grant, and by his +will he shared England between his two eldest sons, Ethelbald and +Ethelbert; the west being assigned to the former, the east to the +latter. Ethelbald was a profligate prince, and marrying Judith, his +mother-in-law, gave great offence to the people; but, moved by the +remonstrances of Swithin, Bishop of Winchester, he was at last +prevailed on to divorce her. His reign was short; and Ethelbert, his +brother, succeeding to the government [MN 860.], behaved himself, +during a reign of five years, in a manner more worthy of his birth and +station. The kingdom, however, was still infested by the Danes, who +made an inroad and sacked Winchester, but were there defeated. A body +also of these pirates, who were quartered in the Isle of Thanet, +having deceived the English by a treaty, unexpectedly broke into Kent, +and committed great outrages. + +[MN Ethered 866.] +Ethelbert was succeeded by his brother Ethered, who, though he +defended himself with bravery, enjoyed, during his whole reign, no +tranquillity from those Danish irruptions. His younger brother, +Alfred, seconded him in all his enterprises, and generously sacrificed +to the public good all resentment which he might entertain on account +of his being excluded by Ethered from a large patrimony which had been +left him by his father. + +The first landing of the Danes in the reign of Ethered was among the +East Angles, who, more anxious for their present safety than for the +common interest, entered into a separate treaty with the enemy, and +furnished them with horses, which enabled them to make an irruption by +land into the kingdom of Northumberland. They there seized the city +of York, and defended it against Osbricht and Aella, two Northumbrian +princes, who perished in the assault [f]. Encouraged by these +successes, and by the superiority which they had acquired in arms, +they now ventured, under the command of Hinguar and Hubba, to leave +the sea-coast, and penetrating into Mercia, they took up their winter +quarters at Nottingham, where they threatened the kingdom with a final +subjection. The Mercians, in this extremity, applied to Ethered for +succour, and that prince, with his brother Alfred, conducting a great +army to Nottingham, obliged the enemy to dislodge [MN 870.], and to +retreat into Northumberland. Their restless disposition, and their +avidity for plunder, allowed them not to remain long in those +quarters; they broke into East Anglia, defeated and took prisoner +Edmund, the king of that country, whom they afterwards murdered in +cool blood, and committing the most barbarous ravages on the people, +particularly on the monasteries, they gave the East Angles cause to +regret the temporary relief which they had obtained by assisting the +common enemy. +[FN [f] Asser. p. 6. Chron Sax. p. 79.] + +[MN 871.] The next station of the Danes was at Reading, whence they +infested the neighbouring country by their incursions. The Mercians, +desirous of shaking off their dependence on Ethered, refused to join +him with their forces; and that prince, attended by Alfred, was +obliged to march against the enemy with the West Saxons alone, his +hereditary subjects. The Danes, being defeated in an action, shut +themselves up in their garrison; but quickly making thence an +irruption, they routed the West Saxons, and obliged them to raise the +siege. An action soon after ensued at Aston, in Berkshire, where the +English, in the beginning of the day, were in danger of a total +defeat. Alfred, advancing with one division of the army, was +surrounded by the enemy in disadvantageous ground; and Ethered, who +was at that time hearing mass, refused to march to his assistance till +prayers should be finished [g]: but as he afterwards obtained the +victory, this success, not the danger of Alfred, was ascribed by the +monks to the piety of that monarch. This battle of Aston did not +terminate the war: another battle was a little after fought at Basing, +where the Danes were more successful; and being reinforced by a new +army from their own country, they became every day more terrible to +the English. Amidst these confusions, Ethered died of a wound which +he had received in an action with the Danes; and left the inheritance +of his cares and misfortunes, rather than of his grandeur, to his +brother, Alfred, who was now twenty-two years of age. +[FN [g] Asser. p. 7. W. Malm. lib. 2. cap. 3. Simeon Dunelm. p. 125. +Anglia Sacra, vol. i. p. 205.] + +[MN Alfred 871.] +This prince gave very early marks of those great virtues and shining +talents, by which, during the most difficult times, he saved his +country from utter ruin and subversion. Ethelwolf, his father, the +year after his return with Alfred from Rome, had again sent the young +prince thither with a numerous retinue; and a report being spread of +the king’s death, the pope, Leo III., gave Alfred the royal unction +[h]; whether prognosticating his future greatness from the appearances +of his pregnant genius, or willing to pretend, even in that age, to +the right of conferring kingdoms. Alfred, on his return home, became +every day more the object of his father’s affections; but being +indulged in all youthful pleasures, he was much neglected in his +education; and he had already reached his twelfth year, when he was +yet totally ignorant of the lowest elements of literature. His genius +was first roused by the recital of Saxon poems, in which the queen +took delight; and this species of erudition, which is sometimes able +to make a considerable progress even among barbarians, expanded those +noble and elevated sentiments which he had received from nature [i]. +Encouraged by the queen, and stimulated by his own ardent inclination, +he soon learned to read those compositions; and proceeded thence to +acquire the knowledge of the Latin tongue, in which he met with +authors that better prompted his heroic spirit, and directed his +generous views. Absorbed in these elegant pursuits, he regarded his +accession to royalty rather as an object of regret than of triumph +[k]; but being called to the throne, in preference to his brother’s +children, as well by the will of his father, a circumstance which had +great authority with the Anglo-Saxons [l], as by the vows of the whole +nation, and the urgency of public affairs, he shook off his literary +indolence, and exerted himself in the defence of his people. He had +scarcely buried his brother, when he was obliged to take the field in +order to oppose the Danes, who had seized Wilton, and were exercising +their usual ravages on the countries around. He marched against them +with the few troops which he could assemble on a sudden; and giving +them battle, gained at first an advantage, but by his pursuing the +victory too far, the superiority of the enemy’s numbers prevailed, and +recovered them the day. Their loss, however, in the action, was so +considerable, that, fearing Alfred would receive daily reinforcement +from his subjects, they were content to stipulate for a safe retreat, +and promised to depart the kingdom. For that purpose they were +conducted to London, and allowed to take up winter quarters there; +but, careless of their engagements, they immediately set themselves to +the committing of spoil on the neighbouring country. Burrhed, King of +Mercia, in whose territories London was situated, made a new +stipulation with them, and engaged them, by presents of money, to +remove to Lindesey, in Lincolnshire, a country which they had already +reduced to ruin and desolation. Finding therefore no object in that +place, either for their rapine or violence, they suddenly turned back +upon Mercia, in a quarter where they expected to find it without +defence; and fixing their station at Repton in Derbyshire, they laid +the whole country desolate with fire and sword. Burrhed, despairing +of success against an enemy whom no force could resist, and no +treaties bind, abandoned his kingdom, and flying to Rome, took shelter +in a cloister [m]. He was brother-in-law to Alfred, and the last who +bore the title of king in Mercia. +[FN [h] Asser. p. 2. W. Malm. lib. 2. cap. 2. Ingulph. p. 869. +Simeon Dunelm. p. 120, 139. [i] Asser. p. 5. M. West. p. 167. [k] +Asser. p. 7. [1] Ibid. p. 22. Simeon Dunelm. p. 121. [m] Asser. p. +8. Chron. Sax. p. 82. Ethelward, lib. 4. cap. 4.] + +The West Saxons were now the only remaining power in England; and +though supported by the vigour and abilities of Alfred, they were +unable to sustain the efforts of those ravagers, who from all quarters +invaded them. A new swarm of Danes came over this year under three +princes, Guthrum, Oscitel, and Amund; and having first joined their +countrymen at Repton, they soon found the necessity of separating, in +order to provide for their subsistence. Part of them, under the +command of Haldene, their chieftain [n], marched into Northumberland, +where they fixed their quarters; part of them took quarters at +Cambridge, whence they dislodged in the ensuing summer, and seized +Wereham, in the county of Dorset, the very centre of Alfred’s +dominions. That prince so straitened them in these quarters, that +they were content to come to a treaty with him, and stipulated to +depart his country. Alfred, well acquainted with their usual perfidy, +obliged them to swear upon the holy relics to the observance of the +treaty [o]; not that he expected they would pay any veneration to the +relics; but he hoped, that, if they now violated this oath, their +impiety would infallibly draw down upon them the vengeance of Heaven. +But the Danes, little apprehensive of the danger, suddenly, without +seeking any pretence, fell upon Alfred’s army; and having put it to +rout, marched westward, and took possession of Exeter. The prince +collected new forces, and exerted such vigour, that he fought in one +year eight battles with the enemy [p], and reduced them to the utmost +extremity. He hearkened however to new proposals of peace; and was +satisfied to stipulate with them, that they would settle somewhere in +England [q], and would not permit the entrance of more ravagers into +the kingdom. But while he was expecting the execution of this treaty, +which it seemed the interest of the Danes themselves to fulfil, he +heard that another body had landed, and having collected all the +scattered troops of their countrymen, had surprised Chippenham, then a +considerable town, and were exercising their usual ravages all around +them. +[FN [n] Chron. Sax. p. 83. [o] Asser. p. 8. [p] Ibid. The Saxon +Chronicle. p. 82, says nine battles. [q] Asser. p. 9. Alur. Beverl. +p. 104.] + +This last incident quite broke the spirit of the Saxons, and reduced +them to despair. Finding that, after all the miserable havoc which +they had undergone in their persons and in their property; after all +the vigorous actions which they had exerted in their own defence; a +new band, equally greedy of spoil and slaughter, had disembarked among +them; they believed themselves abandoned by Heaven to destruction, and +delivered over to those swarms of robbers, which the fertile north +thus incessantly poured forth against them. Some left their country +and retired into Wales, or fled beyond sea: others submitted to the +conquerors, in hopes of appeasing their fury by a servile obedience +[r]. And every man’s attention being now engrossed in concern for his +own preservation, no one would hearken to the exhortations of the +king, who summoned them to make, under his conduct, one effort more in +defence of their prince, their country, and their liberties. Alfred +himself was obliged to relinquish the ensigns of his dignity, to +dismiss his servants, and to seek shelter, in the meanest disguises, +from the pursuit and fury of his enemies. He concealed himself under +a peasant’s habit, and lived some time in the house of a neat-herd, +who had been intrusted with the care of some of his cows [s]. There +passed here an incident, which has been recorded by all the +historians, and was long preserved by popular tradition; though it +contains nothing memorable in itself, except so far as every +circumstance is interesting which attends so much virtue and dignity +reduced to such distress. The wife of the neat-herd was ignorant of +the condition of her royal guest; and observing him one day busy by +the fire-side in trimming his bows and arrows, she desired him to take +care of some cakes which were toasting, while she was employed +elsewhere in other domestic affairs. But Alfred, whose thoughts were +otherwise engaged, neglected this injunction; and the good woman, on +her return, finding her cakes all burnt, rated the king very severely, +and upbraided him, that he always seemed very well pleased to eat her +warm cakes, though he was thus negligent in toasting them [t]. +[FN [r] Chron. Sax. p. 84. Alured Bever. p. 105. [s] Asser. p. 9. +[t] Ibid M. West, p. 170.] + +By degrees, Alfred, as he found the search of the enemy become more +remiss, collected some of his retainers, and retired into the centre +of a bog, formed by the stagnating waters of the Thone and Parret, in +Somersetshire. He here found two acres of firm ground; and building a +habitation on them, rendered himself secure by its fortifications, and +still more by the unknown and inaccessible roads which led to it, and +by the forests and morasses with which it was every way environed. +This place he called Aethelingay, or the Isle of Nobles [u]; and it +now bears the name of Athelney. He thence made frequent and +unexpected sallies upon the Danes, who often felt the vigour of his +arm, but knew not from what quarter the blow came. He subsisted +himself and his followers by the plunder which he acquired; he +procured them consolation by revenge; and from small successes he +opened their minds to hope, that, notwithstanding his present low +condition, more important victories might at length attend his valour. +[FN [u] Chron. Sax. p. 65. W. Malm. lib. 2. cap. 4 Ethelward, lib. +4. cap. 4. Ingulph. p. 26.] + +Alfred lay here concealed, but not inactive, during a twelvemonth, +when the news of a prosperous event reached his ears, and called him +to the field. Hubba, the Dane, having spread devastation, fire, and +slaughter over Wales, had landed in Devonshire from twenty-three +vessels, and laid siege to the castle of Kenwith, a place situated +near the mouth of the small river Tau. Oddune, Earl of Devonshire, +with his followers, had taken shelter there; and being ill supplied +with provisions, and even with water, he determined, by some vigorous +blow, to prevent the necessity of submitting to the barbarous enemy. +He made a sudden sally on the Danes before sun-rising; and taking them +unprepared, he put them to rout, pursued them with great slaughter, +killed Hubba himself; and got possession of the famous REAFEN, or +enchanted standard, in which the Danes put great confidence [w]. It +contained the figure of a raven, which had been inwoven by the three +sisters of Hinguar and Hubba, with many magical incantations, and +which, by its different movements, prognosticated, as the Danes +believed, the good or bad success of any enterprise [x]. +[FN [w] Asser. p. 10. Chron. Sax. p. 84. Abbas Rieval, p. 395 +Alured Beverl. p. 105. [x] Asser. p. 10.] + +When Alfred observed this symptom of successful resistance in his +subjects, he left his retreat; but before he would assemble them in +arms, or urge them to any attempt, which, if unfortunate, might, in +their present despondency, prove fatal, he resolved to inspect himself +the situation of the enemy, and to judge of the probability of +success. For this purpose he entered their camp under the disguise of +a harper, and passed unsuspected through every quarter. He so +entertained them with his music and facetious humours, that he met +with a welcome reception; and was even introduced to the tent of +Guthrum, their prince, where he remained some days [y]. He remarked +the supine security of the Danes, their contempt of the English, their +negligence in foraging and plundering, and their dissolute wasting of +what they gained by rapine and violence. Encouraged by these +favourable appearances, he secretly sent emissaries to the most +considerable of his subjects, and summoned them to a rendezvous, +attended by their warlike followers, at Brixton, on the borders of +Selwood forest [z]. The English, who had hoped to put an end to their +calamities by servile submission, now found the insolence and rapine +of the conqueror more intolerable than all past fatigues and dangers; +and, at the appointed day, they joyfully resorted to their prince. On +his appearance, they received him with shouts of applause [a]; and +could not satiate their eyes with the sight of this beloved monarch, +whom they had long regarded as dead, and who now, with voice and looks +expressing his confidence of success, called them to liberty and to +vengeance. He instantly conducted them to Eddington, where the Danes +were encamped; and taking advantage of his previous knowledge of the +place, he directed his attack against the most unguarded quarter of +the enemy. The Danes, surprised to see an army of English, whom they +considered as totally subdued, and still more astonished to hear that +Alfred was at their head, made but a faint resistance, notwithstanding +their superiority of number, and were soon put to flight with great +slaughter. The remainder of the routed army, with their prince, was +besieged by Alfred in a fortified camp to which they fled; but being +reduced to extremity by want and hunger, they had recourse to the +clemency of the victor, and offered to submit on any conditions. The +king, no less generous than brave, gave them their lives; and even +formed a scheme for converting them from mortal enemies into faithful +subjects and confederates. He knew that the kingdoms of East Anglia +and Northumberland were totally desolated by the frequent inroads of +the Danes, and he now proposed to repeople them, by settling there +Guthrum and his followers. He hoped that the new planters would at +last betake themselves to industry, when, by reason of his resistance, +and the exhausted condition of the country, they could no longer +subsist by plunder; and that they might serve him as a rampart against +any future incursions of their countrymen. But before he ratified +these mild conditions with the Danes, he required that they should +give him one pledge of their submission, and of their inclination to +incorporate with the English, by declaring their conversion to +Christianity [b]. Guthrum and his army had no aversion to the +proposal; and without much instruction, or argument, or conference, +they were all admitted to baptism. The king answered for Guthrum at +the font, gave him the name of Athelstan, and received him as his +adopted son [c]. +[FN [y] W. Malm. lib. 2. cap. 4. [z] Chron. Sax. p. 85. [a] Asser. +p. 10. Chron. Sax. p. 85. Simeon Dunelm. p. 128. Alured Beverl. p. +105. Abbas Rieval, p. 354. [b] Chron. Sax. p. 85. [c] Asser. p. 10. +Chron. Sax. p. 90.] + +[MN 880.] The success of the expedient seemed to correspond to +Alfred’s hopes: the greater part of the Danes settled peaceably in +their new quarters: some smaller bodies of the same nation, which were +dispersed in Mercia, were distributed into the five cities of Derby, +Leicester, Stamford, Lincoln, and Nottingham, and were thence called +the Fif or Five-burghers. The more turbulent and unquiet made an +expedition into France, under the command of Hastings [d]; and, except +by a short incursion of Danes, who sailed up the Thames, and landed at +Fulham, but suddenly retreated to their ships on finding the country +in a posture of defence, Alfred was not for some years infested by the +inroads of those barbarians [e]. +[FN [d] W. Malm. lib. 2. c. 4. Ingulph. p. 26. [e] Asser. p. 11.] + +The king employed this interval of tranquillity in restoring order to +the state, which had been shaken by so many violent convulsions; in +establishing civil and military institutions; in composing the minds +of men to industry and justice; and in providing against the return of +like calamities. He was, more properly than his grandfather, Egbert, +the sole monarch of the English, (for so the Saxons were now +universally called,) because the kingdom of Mercia was at last +incorporated in his state, and was governed by Ethelbert, his brother- +in-law, who bore the title of Earl: and though the Danes, who peopled +East Anglia and Northumberland, were for some time ruled immediately +by their own princes, they all acknowledged a subordination to Alfred, +and submitted to his superior authority. As equality among subjects +is the great source of concord, Alfred gave the same laws to the Danes +and English, and put them entirely on a like footing in the +administration both of civil and criminal justice. The fine for the +murder of a Dane was the same with that for the murder of an +Englishman; the great symbol of equality in those ages. + +The king, after rebuilding the ruined cities, particularly London [f], +which had been destroyed by the Danes in the reign of Ethelwolf, +established a regular militia for the defence of the kingdom. He +ordained that all his people should be armed and registered; he +assigned them a regular rotation of duty; he distributed part into the +castles and fortresses which he built at proper places [g]; he +required another part to take the field on any alarm, and to assemble +at stated places of rendezvous; and he left a sufficient number at +home, who were employed in the cultivation of the land, and who +afterwards took their turn in military service [h]. The whole kingdom +was like one great garrison; and the Danes could no sooner appear in +one place, than a sufficient number was assembled to oppose them, +without leaving the other quarters defenceless or disarmed [i]. +[FN [f] Asser. p. 15. Chron. Sax. p. 88. M. West. p. 171. Simeon +Dunelm. p. 131. Brompton, p. 812. Alured Beverl. ex edit. Hearne, p. +106. [g] Asser. p. 18. Ingulph. p. 27. [h] Chron. Sax. p. 92, 93. +[i] Spellman’s Life of Alfred, p. 147. edit. 1709.] + +But Alfred, sensible that the proper method of opposing an enemy who +made incursions by sea, was to meet them on their own element, took +care to provide himself with a naval force [k], which though the most +natural defence of an island, had hitherto been totally neglected by +the English. He increased the shipping of his kingdom both in number +and strength, and trained his subjects in the practice, as well of +sailing as of naval action. He distributed his armed vessels in +proper stations around the island, and was sure to meet the Danish +ships either before or after they had landed their troops, and to +pursue them in all their incursions. Though the Danes might suddenly, +by surprise, disembark on the coast, which was generally become +desolate by their frequent ravages, they were encountered by the +English fleet in their retreat; and escaped not, as formerly, by +abandoning their booty, but paid, by their total destruction, the +penalty of the disorders which they had committed. +[FN [k] Asser. p. 9. M. West. p. 179.] + +In this manner Alfred repelled several inroads of these piratical +Danes, and maintained his kingdom, during some years, in safety and +tranquillity. A fleet of a hundred and twenty ships of war was +stationed upon the coast; and being provided with warlike engines, as +well as with expert seamen, both Frisians and English, (for Alfred +supplied the defects of his own subjects by engaging able foreigners +in his service,) maintained a superiority over these smaller bands +with which England had so often been infested [l]. [MN 893.] But at +last Hastings, the famous Danish chief, having ravaged all the +provinces of France, both along the seacoast and the Loire and Seine, +and being obliged to quit that country, more by the desolation which +he himself had occasioned, than by the resistance of the inhabitants, +appeared off the coast of Kent with a fleet of 330 sail. The greater +part of the enemy disembarked in the Rother, and seized the fort of +Apuldore. Hastings himself, commanding a fleet of eighty sail, +entered the Thames, and fortifying Milton in Kent, began to spread his +forces over the country, and to commit the most destructive ravages. +But Alfred, on the first alarm of this descent, flew to the defence of +his people, at the head of a select band of soldiers, whom he always +kept about his person [m]; and gathering to him the armed militia from +all quarters, appeared in the field with a force superior to the +enemy. All straggling parties whom necessity, or love of plunder, had +drawn to a distance from their chief encampment, were cut off by the +English [n]; and these pirates, instead of increasing their spoil, +found themselves cooped up in their fortifications, and obliged to +subsist by the plunder which they had brought from France. Tired of +this situation, which must in the end prove ruinous to them, the Danes +at Apuldore rose suddenly from their encampment, with an intention of +marching towards the Thames, and passing over into Essex: but they +escaped not the vigilance of Alfred, who encountered then at Farnham, +put them to rout [o], seized all their horses and baggage, and chased +the runaways on board their ships, which carried them up the Colne to +Mersey, in Essex, where they intrenched themselves. Hastings, at the +same time, and probably by concert, made a like movement; and +deserting Milton, took possession of Bamflete, near the Isle of +Canvey, in the same county [p], where he hastily threw up +fortifications for his defence against the power of Alfred. +[FN [1] Asser. p. 11. Chron. Sax. p. 86, 87. M. West. p. 176. [m] +Asser. p.19. [n] Chron. Sax. p. 92. [o] Ibid. p. 93. Flor. Wigorn, +p. 595. [p] Chron. Sax. p. 93.] + +Unfortunately for the English, Guthrum, prince of the East Anglian +Danes, was now dead; as was also Guthred, whom the king had appointed +governor of the Northumbrians; and those restless tribes, being no +longer restrained by the authority of their princes, and being +encouraged by the appearance of so great a body of their countrymen, +broke into rebellion, shook off the authority of Alfred, and yielding +to their inveterate habits of war and depredation [q], embarked on +board two hundred and forty vessels, and appeared before Exeter in the +west of England. Alfred lost not a moment in opposing this new enemy. +Having left some forces at London to make head against Hastings and +the other Danes, he marched suddenly to the west [r]; and falling on +the rebels before they were aware, pursued them to their ships with +great slaughter. These ravagers, sailing next to Sussex, began to +plunder the country near Chichester; but the order which Alfred had +every where established, sufficed here, without his presence, for the +defence of the place; and the rebels, meeting with a new repulse, in +which many of them were killed, and some of their ships taken [s], +were obliged to put again to sea, and were discouraged from attempting +any other enterprise. +[FN [q] Ibid. p. 92. [r] Ibid. p. 93. [s] Chron. Sax. p. 96. Flor. +Wigorn. p. 596.] + +Meanwhile, the Danish invaders in Essex, having united their force +under the command of Hastings, advanced into the inland country, and +made spoil of all around them; but soon had reason to repent of their +temerity. The English army left in London, assisted by a body of the +citizens, attacked the enemy's intrenchments at Bamflete, overpowered +the garrison, and having done great execution upon them, carried off +the wife and two sons of Hastings [t]. Alfred generously spared these +captives; and even restored them to Hastings [u], on condition that be +should depart the kingdom. +[FN [t] Chron. Sax. p. 94. M. West. p. 178. [u] M. West. p. 179.] + +But though the king had thus honourably rid himself of this dangerous +enemy, he had not entirely subdued or expelled the invaders. The +piratical Danes willingly followed in an excursion any prosperous +leader who gave them hopes of booty; but were not so easily induced to +relinquish their enterprise, or submit to return, baffled and without +plunder, into their native country. Great numbers of them, after the +departure of Hastings, seized and fortified Shobury, at the mouth of +the Thames; and having left a garrison there, they marched along the +River, till they came to Boddington, in the county of Gloucester; +where, being reinforced by some Welsh, they threw up intrenchments, +and prepared for their defence. The king here surrounded them with +the whole force of his dominions [w]; and as he had now a certain +prospect of victory, he resolved to trust nothing to chance, but +rather to master his enemies by famine than assault. They were +reduced to such extremities, that, having eaten their own horses, and +having many of them perished with hunger [x], they made a desperate +sally upon the English; and though the greater number fell in the +action, a considerable body made their escape [y]. These roved about +for some time in England, still pursued by the vigilance of Alfred; +they attacked Leicester with success, defended themselves in Hartford, +and then fled to Quatford, where they were finally broken and subdued. +The small remains of them either dispersed themselves among their +countrymen in Northumberland and East Anglia [z], or had recourse +again to the sea, where they exercised piracy, under the command of +Sigefert, a Northumbrian. This freebooter, well acquainted with +Alfred’s naval preparations, had framed vessels of a new construction, +higher, and longer, and swifter than those of the English; but the +king soon discovered his superior skill, by building vessels still +higher, and longer, and swifter than those of the Northumbrians; and +falling upon them while they were exercising their ravages in the +west, he took twenty of their ships, and having tried all the +prisoners at Winchester, he hanged them as pirates, the common enemies +of mankind. +[FN [w] Chron. Sax. p. 94. [x] Ibid. M. West. p. 179. Flor. Wigorn. +p. 596. [y] Chron. Sax. p. 95. [z] Chron. Sax. p. 97.] + +The well-timed severity of this execution, together with the excellent +posture of defence established every where, restored full tranquillity +to England, and provided for the future security of the government. +The East Anglian and Northumbrian Danes, on the first appearance of +Alfred upon their frontiers, made anew the most humble submissions to +him; and he thought it prudent to take them under his immediate +government, without establishing over them a viceroy of their own +nation [a]. The Welsh also acknowledged his authority; and this great +prince had now, by prudence, and justice, and valour, established his +sovereignty over all the southern parts of the island, from the +English channel to the frontiers of Scotland; when he died [MN 901.], +in the vigour of his age and the full strength of his faculties, +after a glorious reign of twenty-nine years and a half [b]; in which +he deservedly attained the appellation of Alfred the Great, and the +title of Founder of the English Monarchy. +[FN [a] Flor. Wigorn. p. 598. [b] Asser. p. 21. Chron. Sax. p. 99.] + +The merit of this prince, both in private and public life, may with +advantage be set in opposition to that of any monarch or citizen which +the annals of any age or any nation can present to us. He seems +indeed to be the model of that perfect character, which, under the +denomination of a sage or wise man, philosophers have been fond of +delineating, rather as a fiction of their imagination, than in hopes +of ever seeing it really existing: so happily were all his virtues +tempered together; so justly were they blended; and so powerfully did +each prevent the other from exceeding its proper boundaries. He knew +how to reconcile the most enterprising spirit with the coolest +moderation; the most obstinate perseverance with the easiest +flexibility; the most severe justice with the gentlest lenity; the +greatest vigour in commanding with the most perfect affability of +deportment [c]; the highest capacity and inclination for science, with +the most shining talents for action. His civil and his military +virtues are almost equally the objects of our admiration; excepting +only, that the former, being more rare among princes, as well as more +useful, seem chiefly to challenge our applause. Nature also, as if +desirous that so bright a production of her skill should be set in the +fairest light, had bestowed on him every bodily accomplishment, vigour +of limbs, dignity of shape and air, with a pleasing, engaging, and +open countenance [d]. Fortune alone, by throwing him into that +barbarous age, deprived him of historians worthy to transmit his fame +to posterity; and we wish to see him delineated in more lively +colours, and with more particular strokes, that we may at least +perceive some of those small specks and blemishes, from which, as a +man, it is impossible he could be entirely exempted. +[FN [c] Asser. p. 13. [d] Ibid. p. 5.] + +But we should give but an imperfect idea of Alfred’s merit, were we to +confine our narration to his military exploits, and were not more +particular in our account of his institutions for the execution of +justice, and of his zeal for the encouragement of arts and sciences. + +After Alfred had subdued, and had settled or expelled the Danes, he +found the kingdom in the most wretched condition; desolated by the +ravages of those barbarians, and thrown into disorders, which were +calculated to perpetuate its misery. Though the great armies of the +Danes were broken, the country was full of straggling troops of that +nation, who, being accustomed to live by plunder, were become +incapable of industry, and who, from the natural ferocity of their +manners, indulged themselves in committing violence, even beyond what +was requisite to supply their necessities. The English themselves, +reduced to the most extreme indigence by these continued depredations, +had shaken off all bands of government; and those who had been +plundered today, betook themselves next day to a like disorderly life, +and, from despair, joined the robbers in pillaging and ruining their +fellow-citizens. These were the evils for which it was necessary that +the vigilance and activity of Alfred should provide a remedy. + +That he might render the execution of justice strict and regular; he +divided all England into counties; these counties he subdivided into +hundreds; and, the hundreds into tithings. Every householder was +answerable for the behaviour of his family and slaves, and even of his +guests, if they lived above three days in his house. Ten neighbouring +householders were formed into one corporation, who, under the name of +a tithing, decennary, or fribourg, were answerable for each other’s +conduct, and over whom one person, called a tithingman, headbourg, or +borsholder, was appointed to preside. Every man was punished as an +outlaw who did not register himself in some tithing. And no man could +change his habitation, without a warrant or certificate from the +borsholder of the tithing to which he formerly belonged. + +When any person in any tithing or decennary was guilty of a crime, the +borsholder was summoned to answer for him; and if he were not willing +to be surety for his appearance, and his clearing himself, the +criminal was committed to prison, and there detained till his trial. +If he fled, either before or after finding sureties, the borsholder +and decennary became liable to inquiry, and were exposed to the +penalties of law. Thirty-one days were allowed them for producing the +criminal; and if that time elapsed without their being able to find +him, the borsholder, with two other members of the decennary, was +obliged to appear, and, together with three chief members of the three +neighbouring decennaries, (making twelve in all,) to swear that his +decennary was free from all privity both of the crime committed, and +of the escape of the criminal. If the borsholder could not find such +a number to answer for their innocence, the decennary was compelled by +fine to make satisfaction to the king, according to the degree of the +offence [f]. By this institution, every man was obliged from his own +interest to keep a watchful eye over the conduct of his neighbours; +and was in a manner surety for the behaviour of those who were placed +under the division to which he belonged: whence these decennaries +received the name of frank-pledges. +[FN [f] Leges St. Edw. cap. 20. apud Wilkins, p. 202.] + +Such a regular distribution of the people, with such a strict +confinement in their habitation, may not be necessary in times when +men are more inured to obedience and justice; and it might perhaps be +regarded as destructive of liberty and commerce in a polished state; +but it was well calculated to reduce that fierce and licentious people +under the salutary restraint of law and government. But Alfred took +care to temper these rigours by other institutions favourable to the +freedom of the citizens; and nothing could be more popular and liberal +than his plan for the administration of justice. The borsholder +summoned together his whole decennary to assist him in deciding any +lesser difference which occurred among the members of this small +community. In affairs of greater moment, in appeals from the +decennary, or in controversies arising between members of different +decennaries, the cause was brought before the hundred, which consisted +of ten decennaries, or a hundred families of freemen, and which was +regularly assembled once in four weeks for the deciding of causes [g]. +Their method of decision deserves to be noted, as being the origin of +juries; an institution admirable in itself, and the best calculated +for the preservation of liberty and the administration of justice that +ever was devised by the wit of man. Twelve freeholders were chosen, +who, having sworn, together with the hundreder, or presiding +magistrate of that division, to administer impartial justice [h], +proceeded to the examination of that cause which was submitted to +their jurisdiction. And beside these monthly meetings of the hundred, +there was an annual meeting, appointed for a more general inspection +of the police of the district; for the inquiry into crimes, the +correction of abuses in magistrates, and the obliging of every person +to show the decennary in which he was registered. The people, in +imitation of their ancestors, the ancient Germans, assembled there in +arms; whence a hundred was sometimes called a wapentake, and its court +served both for the support of military discipline, and for the +administration of civil justice [i]. +[FN [g] Leg. Edw. cap. 2. [h] Foedus Alfred. and Gothurn. apud +Wilkins, cap. 3. p. 47. Leg. Ethelstani, cap. 2. apud Wilkins, p. 58. +LL. Ethelr. § 4. Wilkins, p. 117. [i] Spellman, IN VOCE Wapentake.] + +The next superior court to that of the hundred was the county-court, +which met twice a year, after Michaelmas and Easter, and consisted of +the freeholders of the county, who possessed an equal vote in the +decision of causes. The bishop presided in this court, together with +the alderman; and the proper object of the court was the receiving of +appeals from the hundreds and decennaries, and the deciding of such +controversies as arose between men of different hundreds. Formerly, +the alderman possessed both the civil and military authority; but +Alfred, sensible that this conjunction of powers rendered the nobility +dangerous and independent, appointed also a sheriff in each county, +who enjoyed a co-ordinate authority with the former in the judicial +function [k]. His office also empowered him to guard the rights of +the crown in the county, and to levy the fines imposed; which in that +age formed no contemptible part of the public revenue. +[FN [k] Ingulph. p. 870.] + +There lay an appeal, in default of justice, from all these courts to +the king himself in council; and as the people, sensible of the equity +and great talents of Alfred, placed their chief confidence in him, he +was soon overwhelmed with appeals from all parts of England. He was +indefatigable in the despatch of these causes [l]; but finding that +his time must be entirely engrossed by this branch of duty, he +resolved to obviate the inconvenience, by correcting the ignorance or +corruption of the inferior magistrates, from which it arose [m]. He +took care to have his nobility instructed in letters and the laws [n]. +He chose the earls and sheriffs from among the men most celebrated for +probity and knowledge: he punished severely all malversation in office +[o]: and he removed all the earls, whom he found unequal to the trust +[p]; allowing only some of the more elderly to serve by a deputy, till +their death should make room for more worthy successors. +[FN [1] Asser. p. 20. [m] Ibid. p. 18, 21. Flor. Wigorn p. 594. +Abbas Rieval, p. 355. [n] Flor. Wigorn. p. 594. Brompton. p. 811. +[o] Le Miroir de Justice, chap. 2. [p] Asser. p. 20.] + +The better to guide the magistrates in the administration of justice, +Alfred framed a body of laws; which, though now lost, served long as +the basis of English jurisprudence, and is generally deemed the origin +of what is denominated the COMMON LAW. He appointed regular meetings +of the states of England twice a year in London [q]; a city which he +himself had repaired and beautified, and which he thus rendered the +capital of the kingdom. The similarity of these institutions to the +customs of the ancient Germans, to the practice of the other northern +conquerors, and to the Saxon laws during the Heptarchy, prevents us +from regarding Alfred as the sole author of this plan of government; +and leads us rather to think, that, like a wise man, he contented +himself with reforming, extending, and executing the institutions +which he found previously established. But, on the whole, such +success attended his legislation, that every thing bore suddenly a new +face in England: robberies and iniquities of all kinds were repressed +by the punishment or reformation of the criminals [r]: and so exact +was the general police, that Alfred, it is said, hung up, by way of +bravado, golden bracelets near the highways; and no man dared to touch +them [s]. Yet, amidst these rigours of justice, this great prince +preserved the most sacred regard to the liberty of his people; and it +is a memorable sentiment preserved in his will, That it was just the +English should for ever remain as free as their own thoughts [t]. +[FN [q] Le Miroir de Justice. [r] Ingulph. p. 27. [s] W Malmes. lib. +2. cap. 4. [t] Asser. p. 24.] + +As good morals and knowledge are almost inseparable in every age, +though not in every individual; the care of Alfred for the +encouragement of learning among his subjects was another useful branch +of his legislation, and tended to reclaim the English from their +former dissolute and ferocious manners: but the king was guided in +this pursuit, less by political views, than by his natural bent and +propensity towards letters. When he came to the throne, he found the +nation sunk into the grossest ignorance and barbarism, proceeding from +the continued disorders in the government, and from the ravages of the +Danes: the monasteries were destroyed, the monks butchered or +dispersed, their libraries burnt; and thus the only seats of erudition +in those ages were totally subverted. Alfred himself complains, that +on his accession he knew not one person, south of the Thames, who +could so much as interpret the Latin service; and very few in the +northern parts, who had reached even that pitch of erudition. But +this prince invited over the most celebrated scholars from all parts +of Europe; he established schools every where for the instruction of +his people; he founded, at least repaired, the university of Oxford, +and endowed it with many privileges, revenues, and immunities; he +enjoined by law all freeholders possessed of two hides [u] of land or +more, to send their children to school for their instruction; he gave +preferment both in church and state to such only as had made some +proficiency in knowledge: and by all these expedients he had the +satisfaction, before his death, to see a great change in the face of +affairs; and in a work of his, which is still extant, he congratulates +himself on the progress which learning, under his patronage, had +already made in England. +[FN [u] A hide contained land sufficient to employ one plough. See H. +Hunt. lib. 6. in A. D. 1008. Annal. Waverl. in A.D. 1083. Gervase of +Tilbury says, it commonly contained about 100 acres.] + +But the most effectual expedient, employed by Alfred, for the +encouragement of learning, was his own example, and the constant +assiduity with which, notwithstanding the multiplicity and urgency of +his affairs, he employed himself in the pursuits of knowledge. He +usually divided his time into three equal portions: one was employed +in sleep, and the refection of his body by diet and exercise; another +in the despatch of business; a third in study and devotion; and that +he might more exactly measure the hours, he made use of burning tapers +of equal length, which he fixed in lanterns [w]; an expedient suited +to that rude age, when the geometry of dialling, and the mechanism of +clocks and watches, were totally unknown. And by such a regular +distribution of his time, though he often laboured under great bodily +infirmities [x], this martial hero, who fought in person fifty-six +battles by sea and land [y], was able, during a life of no +extraordinary length, to acquire more knowledge, and even to compose +more books, than most studious men, though blessed with the greatest +leisure and application, have, in more fortunate ages, made the object +of their uninterrupted industry. +[FN [w] Asser. p. 20. W. Malm. lib. 2. cap. 4. Ingulph. p. 870. [x] +Asser. p. 4, 12, 13, 17. [y] W. Malm. lib. 4. cap. 4.] + +Sensible that the people, at all times, especially when their +understandings are obstructed by ignorance and bad education, are not +much susceptible of speculative instruction, Alfred endeavoured to +convey his morality by apologues, parables, stories, apophthegms, +couched in poetry; and besides propagating among his subjects former +compositions of that kind, which he found in the Saxon tongue [z], he +exercised his genius in inventing works of a like nature [a], as well +as in translating from the Greek the elegant fables of Aesop. He also +gave Saxon translations of Orosius’s and Bede’s histories; and of +Boethius concerning the consolation of philosophy [b]. And he deemed +it nowise derogatory from his other great characters of sovereign, +legislator, warrior, and politician, thus to lead the way to his +people in the pursuits of literature. +[FN [z] Asser. p. 13. [a] Spellman, p. 124. Abbas Rieval, p. 355. +[b] W. Malm. lib. 2. cap. 4. Brompton, p. 814.] + +Meanwhile, this prince was not negligent in encouraging the vulgar and +mechanical arts, which have a more sensible, though not a closer, +connexion with the interests of society. He invited, from all +quarters, industrious foreigners to repeople his country, which had +been desolated by the ravages of the Danes [c]. He introduced and +encouraged manufactures of all kinds; and no inventor or improver of +any ingenious art did he suffer to go unrewarded [d]. He prompted men +of activity to betake themselves to navigation, to push commerce into +the most remote countries, and to acquire riches by propagating +industry among their fellow-citizens. He set apart a seventh portion +of his own revenue for maintaining a number of workmen, whom he +constantly employed in rebuilding the ruined cities, castles, palaces, +and monasteries [e]. Even the elegancies of life were brought to him +from the Mediterranean and the Indies [f]; and his subjects, by seeing +those productions of the peaceful arts, were taught to respect the +virtues of justice and industry, from which alone they could arise. +Both living and dead, Alfred was regarded by foreigners, no less than +by his own subjects, as the greatest prince after Charlemagne that had +appeared in Europe during several ages, and as one of the wisest and +best that had ever adorned the annals of any nation. +[FN [c] Asser. p. 13. Flor. Wigorn. p. 588. [d] Asser. p. 20. [e] +Asser. p. 20. W. Malmes. lib. 2. cap. 4. [f] W. Malmes. lib. 2. cap. +4.] + +Alfred had, by his wife, Ethelswitha, daughter of a Mercian earl, +three sons and three daughters. The eldest son, Edmund, died without +issue, in his father’s lifetime. The third, Ethelward, inherited his +father’s passion for letters, and lived a private life. The second, +Edward, succeeded to his power; and passes by the appellation of +Edward the Elder, being the first of that name who sat on the English +throne. + +[MN Edward the Elder. 901.] +This prince, who equalled his father in military talents, though +inferior to him in knowledge and erudition [g], found, immediately on +his accession, a specimen of that turbulent life to which all princes +and even all individuals were exposed, in an age when men, less +restrained by law or justice, and less occupied by industry, had no +aliment for their inquietude, but wars, insurrections, convulsions, +rapine, and depredation. Ethelwald, his cousin-german, son of King +Ethelbert, the elder brother of Alfred, insisted on his preferable +title [h]; and arming his partisans, took possession of Winburne, +where he seemed determined to defend himself to the last extremity, +and to await the issue of his pretensions [i]. But when the king +approached the town with a great army, Ethelwald, having the prospect +of certain destruction, made his escape, and fled first into Normandy, +thence into Northumberland; where he hoped that the people, who had +been recently subdued by Alfred, and who were impatient of peace, +would, on the intelligence of that great prince’s death, seize the +first pretence or opportunity of rebellion. The event did not +disappoint his expectations: the Northumbrians declared for him [k]; +and Ethelwald having thus connected his interests with the Danish +tribes, went beyond sea, and collecting a body of these freebooters, +he excited the hopes of all those who had been accustomed to subsist +by rapine and violence [l]. The East Anglian Danes joined his party: +the Five-burgers, who were seated in the heart of Mercia, began to put +themselves in motion; and the English found that they were again +menaced with those convulsions, from which the valour and policy of +Alfred had so lately rescued them. The rebels, headed by Ethelwald, +made an incursion into the Counties of Gloucester, Oxford, and Wilts; +and having exercised their ravages in these places, they retired with +their booty, before the king, who had assembled an army, was able to +approach them. Edward, however, who was determined that his +preparations should not be fruitless, conducted his forces into East +Anglia, and retaliated the injuries which the inhabitants had +committed, by spreading the like devastation among them. Satiated +with revenge, and loaded with booty, he gave orders to retire: but the +authority of those ancient kings, which was feeble in peace, was not +much better established in the field; and the Kentish men, greedy of +more spoil, ventured, contrary to repeated orders, to stay behind him, +and to take up their quarters in Bury. This disobedience proved in the +issue fortunate to Edward. The Danes assaulted the Kentish men; but +met with so vigorous a resistance, that, though they gained the field +of battle, they bought that advantage by the loss of their bravest +leaders, and among the rest, by that of Ethelwald, who perished in the +action [m]. The king, freed from the fear of so dangerous a +competitor, made peace on advantageous terms with the East Angles [n]. +[FN [g] W. Malmes lib. 2. cap. 5 Hoveden, p. 421. [h] Chron. Sax. p. +99, 100. [i] Ibid. p. 100. H. Hunting. lib. 5. p. 352. [k] Chron. +Sax. p. 100. H. Hunting. lib. 5. p. 352. [l] Chron. Sax. p. 100. +Chron. Abb. St. Petri de Burgo, p. 24. [m] Chron. Sax. p. 101. +Brompton, p. 832. [n] Chron. Sax. p. 102. Brompton, p. 832. Matth. +West. p. 181.] + +In order to restore England to such a state of tranquillity as it was +then capable of attaining, nought was wanting but the subjection of +the Northumbrians, who, assisted by the scattered Danes in Mercia, +continually infested the bowels of the kingdom. Edward, in order to +divert the force of these enemies, prepared a fleet to attack them by +sea; hoping that, when his ships appeared on their coast, they must at +least remain at home, and provide for their defence. But the +Northumbrians were less anxious to secure their own property, than +greedy to commit spoil on their enemy; and concluding, that the chief +strength of the English was embarked on board the fleet, they thought +the opportunity favourable, and entered Edward’s territories with all +their forces. The king, who was prepared against this event, attacked +them on their return at Tetenhall, in the county of Stafford, put them +to rout, recovered all the booty, and pursued them with great +slaughter into their own country. + +All the rest of Edward’s reign was a scene of continued and successful +action against the Northumbrians, the East Angles, the Five-burgers, +and the foreign Danes who invaded him from Normandy and Britany. Nor +was he less provident in putting his kingdom in a posture of defence, +than vigorous in assaulting the enemy. He fortified the towns of +Chester, Eddesbury, Warwick, Cherbury, Buckingham, Towcester, Maldon, +Huntingdon, and Colchester. He fought two signal battles at Temsford +and Maldon [o]. He vanquished Thurketill, a great Danish chief, and +obliged him to retire with his followers into France, in quest of +spoil and adventures. He subdued the East Angles, and forced them to +swear allegiance to him; he expelled the two rival princes of +Northumberland, Reginald and Sidroc, and acquired, for the present, +the dominion of that province: several tribes of the Britons were +subjected by him; and even the Scots, who, during the reign of Egbert, +had, under the conduct of Kenneth their king, increased their power by +the final subjection of the Picts, were nevertheless obliged to give +him marks of submission [p]. In all these fortunate achievements he +was assisted by the activity and prudence of his sister, Ethelfleda, +who was widow of Ethelbert, Earl of Mercia, and who, after her +husband’s death, retained the government of that province. This +princess, who had been reduced to extremity in childbed, refused +afterwards all commerce with her husband; not from any weak +superstition, as was common in that age, but because she deemed all +domestic occupations unworthy of her masculine and ambitious spirit +[q]. She died before her brother; and Edward, during the remainder of +his reign, took upon himself the immediate government of Mercia, which +before had been entrusted to the authority of a governor [r]. The +Saxon Chronicle fixes the death of this prince in 925 [s]: his kingdom +devolved to Athelstan, his natural son. +[FN [o] Chron. Sax. p. 108. Flor. Wigorn. p. 601. [p] Chron. Sax. p. +110. Hoveden, p. 421. [q] W. Malmes. lib. 2. cap. 5. M. West. p. +182. Ingulph. p. 28. Higden, p. 261. [r] Chron. Sax. p. 110. +Brompton, p. 831. [s] Page 110.] + +[MN Athelstan 925.] +The stain in this prince’s birth was not, in those times, deemed so +considerable as to exclude him from the throne; and Athelstan, being +of an age, as well as of a capacity fitted for government, obtained +the preference to Edward’s younger children, who, though legitimate, +were of too tender years to rule a nation so much exposed both to +foreign invasion and to domestic convulsions. Some discontents, +however, prevailed on his accession; and Alfred, a nobleman of +considerable power, was thence encouraged to enter into a conspiracy +against him. This incident is related by historians with +circumstances, which the reader, according to the degree of credit he +is disposed to give them, may impute either to the invention of monks, +who forged them, or to their artifice, who found means of making them +real. Alfred, it is said, being seized upon strong suspicions, but +without any certain proof, firmly denied the .conspiracy imputed to +him; and in order to justify himself, he offered to swear to his +innocence before the pope, whose person, it was supposed, contained +such superior sanctity, that no one could presume to give a false oath +in his presence, and yet hope to escape the immediate vengeance of +heaven. The king accepted of the condition, and Alfred was conducted +to Rome; where, either conscious of his innocence, or neglecting the +superstition to which he appealed, he ventured to make the oath +required of him before John, who then filled the papal chair. But no +sooner had he pronounced the fatal words, than he fell into +convulsions, of which three days after he expired. The king, as if +the guilt of the conspirator were now fully ascertained, confiscated +his estate, and made a present of it to the monastery of Malmesbury +[t]; secure that no doubts would ever thenceforth be entertained +concerning the justice of his proceedings. +[FN [t] W. Malmes. lib. 2. cap. 6. Spell. Conc. p. 407.] + +The dominion of Athelstan was no sooner established over his English +subjects, than he endeavoured to give security to the government, by +providing against the insurrections of the Danes, which had created so +much disturbance to his predecessors. He marched into Northumberland; +and finding that the inhabitants bore with impatience the English +yoke, he thought it prudent to confer on Sithric, a Danish nobleman, +the title of king, and to attach him to his interests, by giving him +his sister, Editha, in marriage. But this policy proved by accident +the source of dangerous consequences. Sithric died in a twelvemonth +after; and his two sons by a former marriage, Anlaf and Godfrid, +founding pretensions on their father’s elevation, assumed the +sovereignty without waiting for Athelstan’s consent. They were soon +expelled by the power of that monarch; and the former took shelter in +Ireland, as the latter did in Scotland; where he received, during some +time, protection from Constantine, who then enjoyed the crown of that. +kingdom. The Scottish prince, however, continually solicited, and +even menaced by Athelstan, at last promised to deliver up his guest; +but secretly detesting this treachery, he gave Godfrid warning to make +his escape [u]; and that fugitive, after subsisting by piracy for some +years, freed the king by his death from any farther anxiety. +Athelstan, resenting Constantine’s behaviour, entered Scotland with an +army; and ravaging the country with impunity [w], he reduced the Scots +to such distress, that their king was content to preserve his crown, +by making submissions to the enemy. The English historians assert +[x], that Constantine did homage to Athelstan for his kingdom; and +they add, that the latter prince, being urged by his courtiers to push +the present favourable opportunity, and entirely subdue Scotland, +replied, that it was more glorious to confer than conquer kingdoms +[y]. But those annals, so uncertain and imperfect in themselves, lose +all credit when national prepossessions and animosities have place: +and on that account, the Scotch historians, who, without having any +more knowledge of the matter, strenuously deny the fact, seem more +worthy of belief. +[FN [u] W. Malm. lib. 2. cap. 6. [w] Chron. Sax. p. 111. Hoveden, p. +422. H. Hunting. lib. 5. p. 354. [x] Hoveden, p. 422. [y] Wm. +Malmes. lib. 2. cap. 6. Anglia Sacra, vol. i. p. 212.] + +Constantine, whether he owed the retaining of his crown to the +moderation of Athelstan, who was unwilling to employ all his +advantages against him, or to the policy of that prince, who esteemed +the humiliation of an enemy a greater acquisition than the subjection +of a discontented and mutinous people, thought the behaviour of the +English monarch more an object of resentment than of gratitude. He +entered into a confederacy with Anlaf, who had collected a great body +of Danish pirates, whom he found hovering in the Irish seas; and with +some Welsh princes, who were terrified at the growing power of +Athelstan: and all these allies made by concert an irruption with a +great army into England. Athelstan, collecting his forces, met the +enemy near Brunsbury, in Northumberland, and defeated them in a +general engagement. This victory was chiefly ascribed to the valour +of Turketul, the English chancellor: for in those turbulent ages no +one was so much occupied in civil employments, as wholly to lay aside +the military character [z]. +[FN [z] The office of chancellor among the Anglo-Saxons resembled more +that of a secretary of state, than that of our present chancellor. +See Spellman, in voce CHANCELLARIUS.] + +There is a circumstance not unworthy of notice, which historians +relate, with regard to the transactions of this war. Anlaf, on the +approach of the English army, thought that he could not venture too +much to ensure a fortunate event; and, employing the artifice formerly +practised by Alfred against the Danes, he entered the enemy’s camp in +the habit of a minstrel. The stratagem was for the present attended +with like success. He gave such satisfaction to the soldiers who +flocked about him, that they introduced him to the king’s tent; and +Anlaf, having played before that prince and his nobles during their +repast, was dismissed with a handsome reward. His prudence kept him +from refusing the present; but his pride determined him, on his +departure, to bury it, while he fancied that he was unespied by all +the world. But a soldier in Athelstan’s camp, who had formerly served +under Anlaf, had been struck with some suspicion on the first +appearance of the minstrel; and was engaged by curiosity to observe +all his motions. He regarded this last action as a full proof of +Anlaf’s disguise; and he immediately carried the intelligence to +Athelstan, who blamed him for not sooner giving him information, that +he might have seized his enemy. But the soldier told him, that, as he +had formerly sworn fealty to Anlaf, he could never have pardoned +himself the treachery of betraying and ruining his ancient master; and +that Athelstan himself, after such an instance of his criminal +conduct, would have had equal reason to distrust his allegiance. +Athelstan, having praised the generosity of the soldier’s principles, +reflected on the incident, which he foresaw might be attended with +important consequences. He removed his station in the camp; and as a +bishop arrived that evening with a reinforcement of troops, (for the +ecclesiastics were then no less warlike than the civil magistrates,) +he occupied with his train that very place which had been left vacant +by the king’s removal. The precaution of Athelstan was found prudent: +for no sooner had darkness fallen, than Anlaf broke into the camp, and +hastening directly to the place where he had left the king’s tent, put +the bishop to death before he had time to prepare for his defence [a]. +[FN [a] W. Malmes. lib. 2 cap. 6. Higden, p. 263] + +There fell several Danish and Welsh princes in the action of Brunsbury +[b]; and Constantine and Anlaf made their escape with difficulty, +leaving the greater part of their army on the field of battle. After +this success, Athelstan enjoyed his crown in tranquillity; and he is +regarded as one of the ablest and most active of those ancient +princes. He passed a remarkable law, which was calculated for the +encouragement of commerce, and which it required some liberality of +mind in that age to have devised: that a merchant, who had made three +long sea-voyages on his own account, should be admitted to the rank of +a Thane or Gentleman. This prince died at Gloucester in the year 941 +[c], after a reign of sixteen years, and was succeeded by Edmund, his +legitimate brother. +[FN [b] Brompton, p. 839 Ingulph. p. 29 [c] Chron. Sax. p. 114.] + +[MN Edmund 941.] +Edmund, on his accession, met with disturbance from the restless +Northumbrians, who lay in wait for every opportunity of breaking into +rebellion. But marching suddenly with his forces into their country, +he so overawed the rebels, that they endeavoured to appease him by the +most humble submissions [d]. In order to give him a surer pledge of +their obedience, they offered to embrace Christianity; a religion +which the English Danes had frequently professed, when reduced to +difficulties, but which, for that very reason, they regarded as a +badge of servitude, and shook off as soon as a favourable opportunity +offered. Edmund, trusting little to their sincerity in this forced +submission, used the precaution of removing the Five-burgers from the +towns of Mercia, in which they had been allowed to settle; because it +was always found, that they took advantage of every commotion, and +introduced the rebellious, or foreign Danes, into the heart of the +kingdom. He also conquered Cumberland from the Britons; and conferred +that territory on Malcolm, King of Scotland, on condition that he +should do him homage for it, and protect the north from all future +incursions of the Danes. +[FN [d] W. Malmes. lib. 2. cap. 7. Brompton, p. 857] + +Edmund was young when he came to the crown; yet was his reign short, +as his death was violent. One day as he was solemnizing a festival in +the county of Gloucester, he remarked, that Leolf, a notorious robber, +whom he had sentenced to banishment, had yet the boldness to enter the +hall where he himself dined, and to sit at table with his attendants. +Enraged at this insolence, he ordered him to leave the room; but on +his refusing to obey, the king, whose temper, naturally choleric, was +inflamed by this additional insult, leaped on him himself, and seized +him by the hair: but the ruffian, pushed to extremity, drew his +dagger, and gave Edmund a wound, of which he immediately expired. +This event happened in the year 946, and in the sixth year of the +king’s reign. Edmund left male issue, but so young, that they were +incapable of governing the kingdom; and his brother, Edred, was +promoted to the throne. + +[MN Edred 946.] +The reign of this prince, as those of his predecessors, was disturbed +by the rebellions and incursions of the Northumbrian Danes, who, +though frequently quelled, were never entirely subdued, nor had ever +paid a sincere allegiance to the crown of England. The accession of a +new king seemed to them a favourable opportunity for shaking off the +yoke; but on Edred’s appearance with an army, they made him their +wonted submissions; and the king having wasted the country with fire +and sword, as a punishment for their rebellion, obliged them to renew +their oaths of allegiance; and he straight retired with his forces. +The obedience of the Danes lasted no longer than the present terror. +Provoked at the devastations of Edred, and even reduced by necessity +to subsist on plunder, they broke into a new rebellion, and were again +subdued; but the king, now instructed by experience, took greater +precautions against their future revolt. He fixed English garrisons +in their most considerable towns; and placed over them an English +governor, who might watch all their motions, and suppress any +insurrection on its first appearance. He obliged also Malcolm, King +of Scotland, to renew his homage for the lands which he held in +England. + +Edred, though not unwarlike, nor unfit for active life, lay under the +influence of the lowest superstition, and had blindly delivered over +his conscience to the guidance of Dunstan, commonly called St. +Dunstan, Abbot of Glastonbury, whom he advanced to the highest +offices, and who covered, under the appearance of sanctity, the most +violent and most insolent ambition. Taking advantage of the implicit +confidence reposed in him by the king, this churchman imported into +England a new order of monks, who much changed the state of +ecclesiastical affairs, and excited, on their first establishment, the +most violent commotions. + +From the introduction of Christianity among the Saxons, there had been +monasteries in England; and these establishments had extremely +multiplied, by the donations of the princes and nobles; whose +superstition, derived from their ignorance and precarious life, and +increased by remorse for the crimes into which they were so frequently +betrayed, knew no other expedient for appeasing the Deity than a +profuse liberality towards the ecclesiastics. But the monks had +hitherto been a species of secular priests, who lived after the manner +of the present canons or prebendaries, and were both intermingled, in +some degree, with the world, and endeavoured to render themselves +useful to it. They were employed in the education of youth [e]: they +had the disposal of their own time and industry: they were not +subjected to the rigid rules of an order: they had made no vows of +implicit obedience to their superiors [f]: and they still retained the +choice, without quitting the convent, either of a married or a single +life [g]. But a mistaken piety had produced in Italy a new species of +monks called Benedictines; who, carrying farther the plausible +principles of mortification, secluded themselves entirely from the +world, renounced all claim to liberty, and made a merit of the most +inviolable chastity. These practices and principles, which +superstition at first engendered, were greedily embraced and promoted +by the policy of the court of Rome. The Roman pontiff, who was making +every day great advances towards an absolute sovereignty over the +ecclesiastics, perceived that the celibacy of the clergy alone could +break off entirely their connexion with the civil power, and depriving +them of every other object of ambition, engage them to promote, with +unceasing industry, the grandeur of their own order. He was sensible, +that so long as the monks were indulged in marriage, and were +permitted to rear families, they never could be subjected to strict +discipline, or reduced to that slavery under their superiors, which +was requisite to procure to the mandates issued from Rome, a ready and +zealous obedience. Celibacy, therefore, began to be extolled, as the +indispensable duty of priests; and the pope undertook to make all the +clergy throughout the western world renounce at once the privilege of +marriage: a fortunate policy; but at the same time an undertaking the +most difficult of any, since he had the strongest propensities of +human nature to encounter, and found, that the same connexions with +the female sex, which generally encourage devotion, were here +unfavourable to the success of his project. It is no wonder +therefore, that this master-stroke of art should have met with violent +contradiction, and that the interests of the hierarchy, and the +inclinations of the priests, being now placed in this singular +opposition, should, notwithstanding the continued efforts of Rome, +have retarded the execution of that bold scheme, during the course of +near three centuries. +[FN [e] Osberne in Anglia Sacra, tom. 2. p. 92. [f] Osberne, p. 91. +[g] See Wharton’s notes to Anglia Sacra, tom. 2. p. 91. Gervase, p. +1645. Chron Wint. MS. apud Spell. Conc. p. 434.] + +As the bishops and parochial clergy lived apart with their families, +and were more connected with the world, the hopes of success with them +were fainter; and the pretence for making them renounce marriage was +much less plausible. But the pope, having cast his eye on the monks +as the basis of his authority, was determined to reduce them under +strict rules of obedience, to procure them the credit of sanctity by +an appearance of the most rigid mortification, and to break off all +their other ties which might interfere with his spiritual policy. +Under pretence, therefore, of reforming abuses, which were, in some +degree, unavoidable in the ancient establishments, he had already +spread over the southern countries of Europe the severe laws of the +monastic life, and began to form attempts towards a like innovation in +England. The favourable opportunity offered itself, (and it was +greedily seized,) arising from the weak, superstition of Edred, and +the violent impetuous character of Dunstan. + +Dunstan was born of noble parents in the west of England; and being +educated under his uncle Aldhelm, then Archbishop of Canterbury, had +betaken himself to the ecclesiastical life, and had acquired some +character in the court of Edmund. He was, however, represented to +that prince as a man of licentious manners [h]: and finding his +fortune blasted by these suspicions, his ardent ambition prompted him +to repair his indiscretions by running into an opposite extreme. He +secluded himself entirely from the world; he framed a cell so small, +that he could neither stand erect in it nor stretch out his limbs +during his repose; and he here employed himself perpetually either in +devotion or in manual labour [i]. It is probable, that his brain +became gradually crazed by these solitary occupations, and that his +head was filled with chimeras, which, being believed by himself and +his stupid votaries, procured him the general character of sanctity +among the people. He fancied that the devil, among the frequent +visits which he paid him, was one day more earnest than usual in his +temptations; till Dunstan, provoked at his importunity, seized him by +the nose with a pair of red-hot pincers, as he put his head into the +cell; and he held him there till that malignant spirit made the whole +neighbourhood resound with his bellowings. This notable exploit was +seriously credited and extolled by the public: it is transmitted to +posterity by one who, considering the age in which he lived, may pass +for a writer of some eloquence [k]; and it ensured to Dunstan a +reputation which no real piety, much less virtue, could, even in the +most enlightened period, have ever procured him with the people. +[FN [h] Osberne, p. 95 Matth West, p. 187. [i] Osberne, p. 96. [k] +Osberne, p. 97.] + +Supported by the character obtained in his retreat, Dunstan appeared +again in the world; and gained such an ascendant over Edred, who had +succeeded to the crown, as made him not only the director of that +prince’s conscience, but his counsellor in the most momentous affairs +of government. He was placed at the head of the treasury [l], and +being thus possessed both of power at court, and of credit with the +populace, he was enabled to attempt with success the most arduous +enterprises. Finding that his advancement had been owing to the +opinion of his austerity, he professed himself a partisan of the rigid +monastic rules; and after introducing that reformation into the +convents of Glastonbury and Abingdon, he endeavoured to render it +universal in the kingdom. +[FN [1] Ibid. p. 102. Wallingford, p. 541.] + +The minds of men were already well prepared for this innovation. The +praises of an inviolable chastity had been carried to the highest +extravagance by some of the first preachers of Christianity among the +Saxons: the pleasures of love had been represented as incompatible +with Christian perfection; and a total abstinence from all commerce +with the sex was deemed such a meritorious penance, as was sufficient +to atone for the greatest enormities. The consequence seemed natural, +that those, at least, who officiated at the altar should be clear of +this pollution; and when the doctrine of transubstantiation, which was +now creeping in [m], was once fully established, the reverence to the +real body of Christ in the eucharist bestowed on this argument an +additional force and influence. The monks knew how to avail +themselves of all these popular topics, and to set off their own +character to the best advantage. They affected the greatest austerity +of life and manners: they indulged themselves in the highest strains +of devotion: they inveighed bitterly against the vices and pretended +luxury of the age: they were particularly vehement against the +dissolute lives of the secular clergy, their rivals: every instance of +libertinism in any individual of that order was represented as a +general corruption: and where other topics of defamation were wanting, +their marriage became a sure subject of invective, and their wives +received the name of CONCUBINE, or other more opprobrious appellation. +The secular clergy, on the other hand, who were numerous and rich, and +possessed of the ecclesiastical dignities, defended themselves with +vigour, and endeavoured to retaliate upon their adversaries. The +people were thrown into agitation; and few instances occur of more +violent dissensions, excited by the most material differences in +religion, or rather by the most frivolous: since it is a just remark, +that the more affinity there is between theological parties, the +greater commonly is their animosity. +[FN [m] Spell. Conc. v. i. p. 452.] + +The progress of the monks, which was become considerable, was somewhat +retarded by the death of Edred, their partisan, who expired after a +reign of nine years [n]. He left children; but as they were infants, +his nephew, Edwy, son of Edmund, was placed on the throne. +[FN [n] Chron. Sax. p. 115.] + +[MN Edwy. 955.] +Edwy, at the time of his accession, was not above sixteen or seventeen +years of age, was possessed of the most amiable figure, and was even +endowed, according to authentic accounts, with the most promising +virtues [o]. He would have been the favourite of his people, had he +not unhappily, at the commencement of his reign, been engaged in a +controversy with the monks, whose rage, neither the graces of the body +nor virtues of the mind could mitigate, and who have pursued his +memory with the same unrelenting vengeance which they exercised +against his person and dignity during his short and unfortunate reign. +There was a beautiful princess of the royal blood, called Elgiva, who +had made impression on the tender heart of Edwy; and as he was of an +age when the force of the passions first begins to be felt, he had +ventured, contrary to the advice of his gravest counsellors, and the +remonstrances of the more dignified ecclesiastics [p], to espouse her; +though she was within the degrees of affinity prohibited by the canon +law [q]. As the austerity affected by the monks made them +particularly violent on this occasion, Edwy entertained a strong +prepossession against them; and seemed, on that account, determined +not to second their project of expelling the seculars from all the +convents, and of possessing themselves of those rich establishments. +War was therefore declared between the king and the monks; and the +former soon found reason to repent his provoking such dangerous +enemies. On the day of his coronation, his nobility were assembled in +a great hall, and were indulging themselves in that riot and disorder, +which, from the example of their German ancestors, had become habitual +to the English [r]; when Edwy, attracted by softer pleasures, retired +into the queen’s apartment, and in that privacy gave reins to his +fondness towards his wife, which was only moderately checked by the +presence of her mother. Dunstan conjectured the reason of the king’s +retreat; and carrying along with him Odo, Archbishop of Canterbury, +over whom he had gained an absolute ascendant, he burst into the +apartment, upbraided Edwy with his lasciviousness, probably bestowed +on the queen the most opprobrious epithet that can be applied to her +sex, and tearing him from her arms, pushed him back, in a disgraceful +manner, into the banquet of the nobles [s]. Edwy, though young, and +opposed by the prejudices of the people, found an opportunity of +taking revenge for this public insult. He questioned Dunstan +concerning the administration of the treasury during the reign of his +predecessor [t]; and when that minister refused to give any account of +money expended, as he affirmed, by orders of the late king, he accused +him of malversation in his office and banished him the kingdom. But +Dunstan’s cabal was not inactive during his absence; they filled the +public with high panegyrics on his sanctity; they exclaimed against +the impiety of the king and queen; and having poisoned the minds of +the people by these declamations, they proceeded to still more +outrageous acts of violence against the royal authority. Archbishop +Odo sent into the palace a party of soldiers, who seized the queen, +and, having burned her face with a red-hot iron, in order to destroy +that fatal beauty which had seduced Edwy, they carried her by force +into Ireland, there to remain in perpetual exile [u]. Edwy, finding +it in vain to resist, was obliged to consent to his divorce, which was +pronounced by Odo [w]; and catastrophe, still more dismal, awaited the +unhappy Elgiva. That amiable princess, being cured of her wounds, and +having even obliterated the scars with which Odo had hoped to deface +her beauty, returned into England, and was flying to the embraces of +the king, whom she still regarded as her husband; when she fell into +the hands of a party, whom the primate had sent to intercept her. +Nothing but her death could now give security to Odo and the monks; +and the most cruel death was requisite to satiate their vengeance. +She was hamstringed; and expired a few days after at Gloucester, in +the most acute torments [x]. +[FN [o] H. Hunting. lib. 5. p. 356. [p] W. Malmes. lib. 2. cap. 7. +[q] Ibid. [r] Wallingford, p. 542. [s] W. Malmes. lib. 2. cap. 7. +Osberne, p. 83, 105. M. West. p. 195, 196. [t] Wallingford, p. 542. +Alur. Beverl. p. 112. [u] Osberne, p. 84. Gervase, p. 1644. [w] +Hoveden, p. 425. [x] Osberne, p. 84. Gervase, p. 1645, 1646.] + +The English, blinded with superstition, instead of being shocked with +this inhumanity, exclaimed that the misfortunes of Edwy and his +consort were a just judgment for their dissolute contempt of the +ecclesiastical statutes. They even proceeded to rebellion against +their sovereign; and having placed Edgar at their head, the younger +brother of Edwy, a boy of thirteen years of age, they soon put him in +possession of Mercia, Northumberland, East Anglia; and chased Edwy +into the southern counties. That it might not be doubtful at whose +instigation this revolt was undertaken, Dunstan returned into England, +and took upon him the government of Edgar and his party. He was first +installed in the see of Worcester, then in that of London [y], and on +Odo’s death, and the violent expulsion of Brithelm, his successor, in +that of Canterbury [z]; of all which he long kept possession. Odo is +transmitted to us by the monks under the character of a man of piety; +Dunstan was even canonized: and is one of those numerous saints of the +same stamp who disgrace the Romish calendar. Meanwhile the unhappy +Edwy was excommunicated [a], and pursued with unrelenting vengeance; +but his death, which happened soon after, freed his enemies from all +further inquietude, and gave Edgar peaceable possession of the +government [b]. +[FN [y] Chron. Sax. p. 117. Flor Wigorn. p. 605. Wallingford, p. 544 +[z] Hoveden p. 425. Osberne, p. 109. [a] Brompton, p. 863. [b] See +note [B] at the end of the volume.] + +[MN Edgar.] +This prince, who mounted the throne in such early youth, soon +discovered an excellent capacity in the administration of affairs; and +his reign is one of the most fortunate that we meet with in the +ancient English history. He showed no aversion to war, he made the +wisest preparations against invaders; and by his vigour and foresight +he was enabled, without any danger of suffering insults, to indulge +his inclination towards peace, and to employ himself in supporting and +improving the internal government of his kingdom. He maintained a +body of disciplined troops; which he quartered in the north, in order +to keep the mutinous Northumbrians in subjection, and to repel the +inroads of the Scots. He built and supported a powerful navy [c]; and +that he might retain the seamen in the practice of their duty, and +always present a formidable armament to his enemies, he stationed +three squadrons off the coast, and ordered them to make, from time to +time, the circuit of his dominions [d]. The foreign Danes dared not +to approach a country which appeared in such a posture of defence: the +domestic Danes saw inevitable destruction to be the consequence of +their tumults and insurrections: the neighbouring sovereigns, the King +of Scotland, the Princes of Wales, of the Isle of Man, of the Orkneys, +and even of Ireland [e], were reduced to pay submission to so +formidable a monarch. He carried his superiority to a great height, +and might have excited an universal combination against him, had not +his power been so well established as to deprive his enemies of all +hope of shaking it. It is said, that residing once at Chester, and +having purposed to go by water to the abbey of St. John the Baptist, +he obliged eight of his tributary princes to row him in a barge upon +the Dee [f]. The English historians are fond of mentioning the name +of Kenneth III, King of Scots, among the number: the Scottish +historians either deny the fact, or assert that their king, if ever he +acknowledged himself a vassal to Edgar, did him homage not for his +crown, but for the dominions which he held in England. +[FN [c] Higden, p. 265. [d] See note [C] at the end of the volume. +[e] Spell. Conc. p. 32. [f] W. Malmes. lib. 2. cap. 8. Hoveden, p. +406. H. Hunting. lib. 5. p. 356.] + +But the chief means by which Edgar maintained his authority, and +preserved public peace, was the paying of court to Dunstan and the +monks, who had at first placed him on the throne, and who, by their +pretensions to superior sanctity and purity of manners, had acquired +an ascendant over the people. He favoured their scheme for +dispossessing the secular canons of all the monasteries [g]; he +bestowed preferment on none but their partisans; he allowed Dunstan to +resign the see of Worcester into the hands of Oswald, one of his +creatures [h]; and to place Ethelwold, another of them, in that of +Winchester [i]; he consulted these prelates in the administration of +all ecclesiastical, and even in that of many civil affairs; and though +the vigour of his own genius prevented him from being implicitly +guided by them, the king and the bishops found such advantages in +their mutual agreement, that they always acted in concert, and united +their influence in preserving the peace and tranquillity of the +kingdom. +[FN [g] Chron. Sax. p. 117, 118. W. Malmes. lib. 2. cap. 8. Hoveden, +p. 425, 426 Osberne, p. 112. [h] W. Malmes. lib. 2. cap. 8. +Hoveden, p. 425.] + +In order to complete the great work of placing the new order of monks +in all the convents, Edgar summoned a general council of the prelates +and the heads of the religious orders. He here inveighed against the +dissolute lives of the secular clergy; the smallness of their tonsure, +which, it is probable, maintained no longer any resemblance to the +crown of thorns; their negligence in attending the exercise of their +function; their mixing with the laity in the pleasures of gaming, +hunting, dancing, and singing; and their openly living with +concubines, by which it is commonly supposed he meant their wives. He +then turned himself to Dunstan, the primate; and in the name of King +Edred, whom he supposed to look down from heaven with indignation +against all those enormities, he thus addressed him: "It is you, +Dunstan, by whose advice I founded monasteries, built churches, and +expended my treasure in the support of religion and religious houses. +You were my counsellor and assistant in all my schemes: you were the +director of my conscience: to you I was obedient in all things. When +did you call for supplies which I refused you? Was my assistance ever +wanting to the poor? Did I deny support and establishments to the +clergy and the convents? Did I not hearken to your instructions, who +told me that these charities were, of all others, the most grateful to +my Maker, and fixed a perpetual fund for the support of religion? And +are all our pious endeavours now frustrated by the dissolute lives of +the priests? Not that I throw any blame on you; you have reasoned, +besought, inculcated, inveighed; but it now behoves you to use sharper +and more vigorous remedies; and conjoining your spiritual authority +with the civil power, to purge effectually the temple of God from +thieves and intruders [k]." It is easy to imagine that this harangue +had the desired effect; and that, when the king and prelates thus +concurred with the popular prejudices, it was not long before the +monks prevailed, and established their new discipline in almost all +the convents. +[FN [i] Gervase, p. 1646. Brompton, p. 864. Flor. Wigorn. p. 606. +Chron. Abb. St. Petri de Burgo, p 27, 28. [k] Abbas Rieval. p. 360, +361. Spell. Conc. p. 476, 477, 478] + +We may remark, that the declamations against the secular clergy are, +both here and in all the historians, conveyed in general terms; and as +that order of men are commonly restrained by the decency of their +character, it is difficult to believe that the complaints against +their dissolute manners could be so universally just as is pretended. +It is more probable that the monks paid court to the populace by an +affected austerity of life; and representing the most innocent +liberties, taken by the other clergy, as great and unpardonable +enormities, thereby prepared the way for the increase of their own +power and influence. Edgar, however, like a true politician, +concurred with the prevailing party; and he even indulged them in +pretensions, which, though they might, when complied with, engage the +monks to support royal authority during his own reign, proved +afterwards dangerous to his successors, and gave disturbance to the +whole civil power. He seconded the policy of the court of Rome, in +granting to some monasteries an exemption from episcopal jurisdiction; +he allowed the convents, even those of royal foundation, to usurp the +election of their own abbot: and he admitted their forgeries of +ancient charters, by which, from the pretended grant of former kings, +they assumed many privileges and immunities [l] +[FN [l] Chron. Sax. p. 118. W. Malmes. lib. 2. cap. 8. Seldeni +Spicileg. ad Eadm. p. 149, 157.] + +These merits of Edgar have procured him the highest panegyrics from +the monks, and he is transmitted to us, not only under the character +of a consummate statesman and an active prince, praises to which he +seems to have been justly entitled, but under that of a of a great +saint and a man of virtue. But nothing could more betray both his +hypocrisy in inveighing against the licentiousness of the secular +clergy, and the interested spirit of his partisans, in bestowing such +eulogies on his piety, than the usual tenour of his conduct, which was +licentious to the highest degree, and violated every law, human and +divine. Yet those very monks who, as we are told by Ingulf, a very +ancient historian, had no idea of any moral or religious merit, except +chastity and obedience, not only connived at his enormities, but +loaded him with the greatest praises. History, however, has preserved +some instances of his amours, from which, as from a specimen, we may +form a conjecture of the rest. + +Edgar broke into a convent, carried off Editha, a nun, by force, and +even committed violence on her person [m]. For this act of sacrilege +he was reprimanded by Dunstan; and that he might reconcile himself to +the church, he was obliged not to separate from his mistress, but to +abstain from wearing his crown during seven years, and to deprive +himself so long of that vain ornament [n]; punishment very unequal to +that which had been inflicted on the unfortunate Edwy, who, for a +marriage which, in the strictest sense, could only deserve the name +of irregular, was expelled his kingdom, saw his queen treated with +singular barbarity, was loaded with calumnies, and has been +represented to us under the most odious colours. Such is the +ascendant which may be attained, by hypocrisy and cabal, over mankind. +[FN [m] W. Malmes. lib. 2. cap. 8. Osberne, p. 3. Diceto p. 457. +Higden, p. 265, 267, 266. Spell. Conc. p. 481. [n] Osberne, p. 111.] + +There was another mistress of Edgar, with whom he first formed a +connexion by a kind of accident. Passing one day by Andover, he +lodged in the house of a nobleman, whose daughter, being endowed with +all the graces of person and behaviour, inflamed him at first sight +with the highest desire; and he resolved by any expedient to gratify +it. As he had not leisure to employ courtship or address for +attaining his purpose, he went directly to her mother, declared the +violence of his passion, and desired that the young lady might be +allowed to pass that very night with him. The mother was a woman of +virtue, and determined not to dishonour her daughter and her family by +compliance; but being well acquainted with the impetuosity of the +king’s temper, she thought it would be easier, as well as safer, to +deceive than refuse him. She feigned therefore a submission to his +will; but secretly ordered a waiting maid, of no disagreeable figure, +to steal into the king’s bed, after all the company should be retired +to rest. In the morning before daybreak, the damsel, agreeably to the +injunctions of her mistress, offered to retire; but Edgar, who had no +reserve in his pleasures, and whose love to his bedfellow was rather +inflamed by enjoyment, refused his consent, and employed force and +entreaties to detain her. Elfleda, (for that was the name of the +maid,) trusting to her own charms, and to the love with which, she +hoped, she had now inspired the king, made probably but a faint +resistance; and the return of light discovered the deceit to Edgar. +He had passed a night so much to his satisfaction, that he expressed +no displeasure with the old lady on account of her fraud; his love was +transferred to Elfleda; she became his favourite mistress; and +maintained her ascendant over him till his marriage with Elfrida [o]. +[FN [o] W. Malmes. lib. 2. cap. 8. Higden, p. 268.] + +The circumstances of his marriage with this lady were more singular +and more criminal. Elfrida was daughter and heir of Olgar, Earl of +Devonshire; and though she had been educated in the country, and had +never appeared at court, she had filled all England with the +reputation of her beauty. Edgar himself, who was indifferent to no +accounts of this nature, found his curiosity excited by the frequent +panegyrics which he heard of Elfrida; and reflecting on her noble +birth, he resolved, if he found her charms answerable to their fame, +to obtain possession of her on honourable terms. He communicated his +intention to Earl Athelwold, his favourite; but used the precaution, +before he made any advances to her parents, to order that nobleman, on +some pretence, to pay them a visit, and to bring him a certain account +of the beauty of their daughter. Athelwold, when introduced to the +young lady, found general report to have fallen short of the truth; +and being actuated by the most vehement love, he determined to +sacrifice to this new passion his fidelity to his master, and to the +trust reposed in him. He returned to Edgar and told him, that the +riches alone, and high quality of Elfrida, had been the ground of the +admiration paid her; and that her charms, far from being anywise +extraordinary, would have been overlooked in a woman of inferior +station. When he had, by this deceit, diverted the king from his +purpose, he took an opportunity, after some interval, of turning again +the conversation on Elfrida; he remarked, that though the parentage +and fortune of the lady had not produced on him, as on others, any +illusion with regard to her beauty, he could not forbear reflecting, +that she would, on the whole, be an advantageous match for him, and +might, by her birth and riches, make him sufficient compensation for +the homeliness of her person. If the king, therefore, gave his +approbation, he was determined to make proposals in his own behalf to +the Earl of Devonshire, and doubted not to obtain his, as well as the +young lady’s consent to the marriage. Edgar, pleased with an +expedient for establishing his favourite’s fortune, not only exhorted +him to execute his purpose, but forwarded his success by his +recommendations to the parents of Elfrida; and Athelwold was soon made +happy in the possession of his mistress. Dreading, however, the +detection of the artifice, he employed every pretence for detaining +Elfrida in the country, and for keeping her at a distance from Edgar. + +The violent passion of Athelwold had rendered him blind to the +necessary consequences which must attend his conduct, and the +advantages which the numerous enemies that always pursue a royal +favourite would, by its means, be able to make against him. Edgar was +soon informed of the truth; but before he would execute vengeance on +Athelwold’s treachery, he resolved to satisfy himself with his own +eyes of the certainty and full extent of his guilt. He told him that +he intended to pay him a visit in his castle, and be introduced to the +acquaintance of his new married wife; and Athelwold, as he could not +refuse the honour, only craved leave to go before him a few hours, +that he might the better prepare every thing for his reception. He +then discovered the whole matter to Elfrida; and begged her, if she +had any regard either to her own honour or his life, to conceal from +Edgar, by every circumstance of dress and behaviour, that fatal +beauty, which had seduced him from fidelity to his friend, and had +betrayed him into so many falsehoods. Elfrida promised compliance, +though nothing was farther from her intentions. She deemed herself +little beholden to Athelwold for a passion which had deprived her of a +crown; and knowing the force of her own charms, she did not despair +even yet of reaching that dignity, of which her husband’s artifice had +bereaved her. She appeared before the king with all the advantages +which the richest attire and the most engaging airs could bestow upon +her, and she excited at once in his bosom the highest love towards +herself, and the most furious desire of revenge against her husband. +He knew, however, how to dissemble these passions; and seducing +Athelwold into a wood, on pretence of hunting, he stabbed him with his +own hand, and soon after publicly espoused Elfrida [p]. +[FN [p] W. Malmes. lib. 2. cap. 8. Hoveden, p. 426. Brompton, p. +865, 866. Flor. Wigorn. p. 606. Higd. p. 268.] + +Before we conclude our account of this reign, we must mention two +circumstances which are remarked by historians. The reputation of +Edgar allured a great number of foreigners to visit his court; and he +gave them encouragement to settle in England [q]. We are told that +they imported all the vices of their respective countries, and +contributed to corrupt the simple manners of the natives [r]. But as +this simplicity of manners, so highly and often so injudiciously +extolled, did not preserve them from barbarity and treachery, the +greatest of all vices, and the most incident to a rude uncultivated +people, we ought perhaps to deem their acquaintance with foreigners +rather an advantage; as it tended to enlarge their views, and to cure +them of those illiberal prejudices and rustic manners to which +islanders are often subject. +[FN [q] Chron. Sax. p. 116. H. Hunting. lib 5. p. 356. Brompton, p. +865. [r] W. Malmes. lib. 2. cap. 8.] + +Another remarkable incident of this reign was the extirpation of +wolves from England. This advantage was attained by the industrious +policy of Edgar. He took great pains in hunting and pursuing those +ravenous animals; and when he found that all that escaped him had +taken shelter in the mountains and forests of Wales, he changed the +tribute of money imposed on the Welsh princes by Athelstan, his +predecessor [s], into an annual tribute of three hundred heads of +wolves; which produced such diligence in hunting them, that the animal +has been no more seen in this island. +[FN [s] W. Malmes. lib. 2. cap. 6. Brompton, p. 838.] + +Edgar died after a reign of sixteen years, and in the thirty-third of +his age. He was succeeded by Edward, whom he had by his first +marriage with the daughter of Earl Ordmer. + +[MN Edward the Martyr. 957.] +The succession of this prince, who was only fifteen years of age at +his father’s death, did not take place without much difficulty and +opposition. Elfrida, his stepmother, had a son, Ethelred, seven years +old, whom she attempted to raise to the throne: she affirmed that +Edgar’s marriage with the mother of Edward was exposed to insuperable +objections; and as she had possessed great credit with her husband, +she had found means to acquire partisans, who seconded all her +pretensions. But the title of Edward was supported by many +advantages. He was appointed successor by the will of his father [t]: +he was approaching to man’s estate, and might soon be able to take +into his own hands the reins of government: the principal nobility, +dreading the imperious temper of Elfrida, were averse to her son’s +government, which must enlarge her authority, and probably put her in +possession of the regency: above all, Dunstan, whose character of +sanctity had given him the highest credit with the people, had +espoused the cause of Edward, over whom he had already acquired a +great ascendant [u]; and he was determined to execute the will of +Edgar in his favour. To cut off all opposite pretensions, Dunstan +resolutely anointed and crowned the young prince at Kingston; and the +whole kingdom, without farther dispute, submitted to him [w]. +[FN [t] Hoveden, p. 427. Eadmer, p. 3. [u] Eadmer, ex. edit. +Seldeni, p. 3. [w] W. Malm. lib. 2. cap. 9. Hoveden, p. 427. +Osberne, p. 113.] + +It was of great importance to Dunstan and the monks, to place on the +throne a king favourable to their cause: the secular clergy had still +partisans in England, who wished to support them in the possession of +the convents, and of the ecclesiastical authority. On the first +intelligence of Edgar’s death, Alfere, Duke of Mercia, expelled the +new orders of monks from all the monasteries which lay within his +jurisdiction [x]; but Elfwin, Duke of East Anglia, and Brithnot, Duke +of the East Saxons, protected them within their territories, and +insisted upon the execution of the late laws enacted in their favour. +In order to settle this controversy, there were summoned several +synods, which, according to the practice of those times, consisted +partly of ecclesiastical members, partly of the lay nobility. The +monks were able to prevail in these assemblies; though, as it appears, +contrary to the secret wishes, if not the declared inclination, of the +leading men in the nation [y]: they had more invention in forging +miracles to support their cause; or having been so fortunate as to +obtain, by their pretended austerities, the character of piety, their +miracles were more credited by the populace. +[FN [x] Chron. Sax. p. 123. W. Malmes. lib. 2, cap. 9. Hoveden, p. +427. Brompton, p. 870. Flor. Wigorn. p. 607. [y] W. Malmes. lib. 2. +cap. 9.] + +In one synod, Dunstan, finding the majority of votes against him, rose +up and informed the audience, that he had that instant received an +immediate revelation in behalf of the monks: the assembly was so +astonished at this intelligence, or probably so overawed by the +populace, that they proceeded no farther in their deliberations. In +another synod, a voice issued from the crucifix, and informed the +members that the establishment of the monks was founded on the will of +Heaven, and could not be opposed without impiety [z]. But the miracle +performed in the third synod was still more alarming: the floor of the +hall in which the assembly met sunk of a sudden and a great number of +the members were either bruised or killed by the fall. It was +remarked, that Dunstan had that day prevented the king from attending +the synod, and that the beam, on which his own chair stood, was the +only one that did not sink under the weight of the assembly [a]. But +these circumstances, instead of begetting any suspicion of +contrivance, were regarded as the surest proof of the immediate +interposition of Providence in behalf of those favourites of Heaven. +[FN [z] W. Malmes. lib. 2. cap. 9. Osberne, p. 112. Gervase, p. +1647. Brompton, p. 870. Higden, p. 269. [a] Chron. Sax. p. 124. W. +Malmes. lib. 2. cap. 9. Hoveden, p. 427. H. Hunting. lib. 5. p. 357. +Gervase, p. 1647. Brompton, p. 870. Flor. Wigorn. p. 607. Higden, +p. 269. Chron. Abb. St. Petri de Burgo, p. 29.] + +Edward lived four years after his accession, and there passed nothing +memorable during his reign. His death alone was memorable and +tragical [b]: this young prince was endowed with the most amiable +innocence of manners; and as his own intentions were always pure, he +was incapable of entertaining any suspicion against others. Though +his step-mother had opposed his succession, and had raised a party in +favour of her own son, he always showed her marks of regard, and even +expressed, on all occasions, the most tender affection towards his +brother. He was hunting one day in Dorsetshire; and being led by the +chase near Corfe-castle, where Elfrida resided, he took the +opportunity of paying her a visit, unattended by any of his retinue, +and he thereby presented her with the opportunity which she had long +wished for. After he had mounted his horse, he desired some liquor to +be brought him: while he was holding the cup to his head, a servant of +Elfrida approached him, and gave him a stab behind. The prince, +finding himself wounded, put spurs to his horse; but becoming faint by +loss of blood, he fell from the saddle, his foot stuck in the stirrup, +and he was dragged along by his unruly horse till he expired. Being +tracked by the blood, his body was found, and was privately interred +at Wareham by his servants. +[FN [b] Chron. Sax. p. 124.] + +The youth and innocence of this prince, with his tragical death, begat +such compassion among the people, that they believed miracles to be +wrought at his tomb; and they give him the appellation of Martyr, +though his murder had no connexion with any religious principle or +opinion. Elfrida built monasteries, and performed many penances, in +order to atone for her guilt; but could never, by all her hypocrisy or +remorses, recover the good opinion of the public, though so easily +deluded in those ignorant ages. + + + + +CHAPTER III. + +ETHELRED.--SETTLEMENT OF THE NORMANS.--EDMUND IRONSIDE.—CANUTE.-- +HAROLD HAREFOOT.--HARDICANUTE.--EDWARD THE CONFESSOR.--HAROLD. + + + +[MN Ethelred. 978.] +The freedom which England had so long enjoyed from the depredations of +the Danes seems to have proceeded, partly from the establishments +which that piratical nation had obtained in the north of France, and +which employed all their superfluous hands to people and maintain +them; partly from the vigour and warlike spirit of a long race of +English princes, who preserved the kingdom in a posture of defence by +sea and land, and either prevented or repelled every attempt of the +invaders. But a new generation of men being now sprung up in the +northern regions who could no longer disburthen themselves on +Normandy; the English had reason to dread that the Danes would again +visit an island to which they were invited, both by the memory of +their past successes, and by the expectation of assistance from their +countrymen, who, though long established in the kingdom, were not yet +thoroughly incorporated with the natives, nor had entirely forgotten +their inveterate habits of war and depredation. And as the reigning +prince was a minor, and even when he attained to man’s estate never +discovered either courage or capacity sufficient to govern his own +subjects, much less to repel a formidable enemy, the people might +justly apprehend the worst calamities from so dangerous a crisis. + +The Danes, before they durst attempt any important enterprise against +England, made an inconsiderable descent by way of trial; and having +landed from seven vessels near Southampton, they ravaged the country, +enriched themselves by spoil, and departed with impunity. Six years +after, they made a like attempt in the west, and met with like +success. The invaders having now found affairs in a very different +situation from that in which they formerly appeared, encouraged their +countrymen to assemble a greater force, and to hope for more +considerable advantages. [MN 991.] They landed in Essex, under the +command of two leaders; and having defeated and slain at Maldon, +Brithnot, duke of that county, who ventured, with a small body, to +attack them, they spread their devastations over all the neighbouring +provinces. In this extremity, Ethelred, to whom historians give the +epithet of the UNREADY, instead of rousing his people to defend with +courage their honour and their property, hearkened to the advice of +Siricius, Archbishop of Canterbury, which was seconded by many of the +degenerate nobility; and paying the enemy the sum of ten thousand +pounds, he bribed them to depart the kingdom. This shameful expedient +was attended with the success which might be expected. The Danes next +year appeared off the eastern coast, in hopes of subduing a people who +defended themselves by their money, which invited assailants, instead +of their arms, which repelled them. But the English, sensible of +their folly, had, in the interval, assembled in a great council, and +had determined to collect at London a fleet able to give battle to the +enemy [a]; though that judicious measure failed of success, from the +treachery of Alfric, Duke of Mercia, whose name is infamous in the +annals of that age, by the calamities which his repeated perfidy +brought upon his country. This nobleman had, in 983, succeeded to his +father Alfere in that extensive command; but being deprived of it two +years after, and banished the kingdom, he was obliged to employ all +his intrigue, and all his power, which was too great for a subject, to +be restored to his country, and reinstated in his authority. Having +had experience of the credit and malevolence of his enemies, he +thenceforth trusted for security, not to his services, or to the +affections of his fellow-citizens, but to the influence which he had +obtained over his vassals, and to the public calamities, which he +thought must, in every revolution, render his assistance necessary. +Having fixed this resolution, he determined to prevent all such +successes as might establish the royal authority, or render his own +situation dependent or precarious. As the English had formed the plan +of surrounding and destroying the Danish fleet in harbour, he +privately informed the enemy of their danger; and when they put to +sea, in consequence of this intelligence, he deserted to them, with +the squadron under his command, the night before the engagement, and +thereby disappointed all the efforts of his countrymen [b]. Ethelred, +enraged at his perfidy, seized his son Alfgar, and ordered his eyes to +be put out [c]. But such was the power of Alfric, that he again +forced himself into authority; and though he had given this specimen +of his character, and received this grievous provocation, it was found +necessary to intrust him anew with the government of Mercia. This +conduct of the court, which in all its circumstances is so barbarous, +weak, and imprudent, both merited and prognosticated the most grievous +calamities. +[FN [a] Chron. Sax. p. 126. [b] Chron.. Sax. p. 127. W. Malm. p. 62. +Higden, p. 270. [c] Chron. Sax. p.128. W. Malm. p. 62.] + +[MN 993.] The northern invaders, now well acquainted with the +defenceless condition of England, made a powerful descent under the +command of Sweyn, King of Denmark, and Olave, King of Norway; and +sailing up the Humber, spread on all sides their destructive ravages. +Lindesey was laid waste; Banbury was destroyed; and all the +Northumbrians, though mostly of Danish descent, were constrained +either to join the invaders, or to suffer under their depredations. A +powerful army was assembled to oppose the Danes, and a general action +ensued; but the English were deserted in the battle, from the +cowardice or treachery of their three leaders, all of them men of +Danish race, Frena, Frithegist, and Godwin, who gave the example of a +shameful flight to the troops under their command. + +Encouraged by this success, and still more by the contempt which it +inspired for their enemy, the pirates ventured to attack the centre of +the kingdom; and entering the Thames in ninety-four vessels, laid +siege to London, and threatened it with total destruction. But the +citizens, alarmed at the danger, and firmly united among themselves, +made a bolder defence than the cowardice of the nobility and gentry +gave the invaders reason to apprehend; and the besiegers, after +suffering the greatest hardships, were finally frustrated in their +attempt. In order to revenge themselves, they laid waste Essex, +Sussex, and Hampshire; and having there procured horses, they were +thereby enabled to spread through the more inland counties the fury of +their depredations. In this extremity, Ethelred and his nobles had +recourse to the former expedient; and sending ambassadors to the two +northern kings, they promised them subsistence and tribute, on +condition they would, for the present, put an end to their ravages, +and soon after depart the kingdom. Sweyn and Olave agreed to the +terms, and peaceably took up their quarters at Southampton, where the +sum of sixteen thousand pounds was paid to them. Olave even made a +journey to Andover, where Ethelred resided, and he received the rite +of confirmation from the English bishops, as well as many rich +presents from the king. He here promised that he would never more +infest the English territories; and he faithfully fulfilled the +engagement. This prince receives the appellation of St. Olave from +the church of Rome; and notwithstanding the general presumption which +lies either against the understanding or morals of every one who in +those ignorant ages was dignified with that title, he seems to have +been a man of merit and of virtue. Sweyn, though less scrupulous than +Olave, was constrained, upon the departure of the Norwegian prince, to +evacuate also the kingdom with all his followers. + +[MN 996.] This composition brought only a short interval to the +miseries of the English. The Danish pirates appeared soon after in +the Severn; and having committed spoil in Wales, as well as in +Cornwall and Devonshire, they sailed round to the south coast, and +entering the Tamar, completed the devastation of these two counties. +They then returned to the Bristol Channel; and penetrating into the +country by the Avon, spread themselves over all that neighbourhood, +and carried fire and sword even into Dorsetshire. [MN 998.] They +next changed the seat of war; and after ravaging the Isle of Wight, +they entered the Thames and Medway, and laid siege to Rochester, where +they defeated the Kentish men in a pitched battle. After this +victory, the whole province of Kent was made a scene of slaughter, +fire, and devastation. The extremity of these miseries forced the +English into councils for common defence both by sea and land; but the +weakness of the king, the divisions among the nobility, the treachery +of some, the cowardice of others, the want of concert in all, +frustrated every endeavour; their fleets and armies either came too +late to attack the enemy, or were repulsed with dishonour; and the +people were thus equally ruined by resistance or by submission. The +English, therefore, destitute both of prudence and unanimity in +council, of courage and conduct in the field, had recourse to the same +weak expedient which by experience they had already found so +ineffectual: they offered the Danes to buy peace, by paying them a +large sum of money. These ravagers rose continually in their demands; +and now required the payment of twenty-four thousand pounds, to which +the English were so mean and imprudent as to submit [d]. The +departure of the Danes procured them another short interval of repose, +which they enjoyed as if it were to be perpetual, without making any +effectual preparations for a more vigorous resistance upon the next +return of the enemy. +[FN [d] Hoveden, p. 429. Chron. Mailr. p. 150.] + +Besides receiving this sum, the Danes were engaged by another motive +to depart a kingdom which appeared so little in a situation to resist +their efforts: they were invited over by their countrymen in Normandy, +who at this time were hard pressed by the arms of Robert, King of +France, and who found it difficult to defend the settlement, which, +with so much advantage to themselves and glory to their nation, they +had made in that country. It is probable, also, that Ethelred, +observing the close connexions thus maintained among all the Danes, +however divided in government or situation, was desirous of forming an +alliance with that formidable people: for this purpose, being now a +widower, he made his addresses to Emma, sister to Richard II., Duke of +Normandy, and he soon succeeded in his negotiation. [MN 1001.] The +princess came over this year to England, and was married to Ethelred +[e]. +[FN [e] H. Hunt. p. 359. Higden, p. 271.] + +[MN Settlement of the Normans.] +In the end of the ninth and beginning of the tenth century, when the +north, not yet exhausted by that multitude of people, or rather +nations, which she had successively emitted, sent forth a new race, +not of conquerors, as before, but of pirates and ravagers, who +infested the countries possessed by her once warlike sons, lived +Rollo, a petty prince or chieftain of Denmark, whose valour and +abilities soon engaged the attention of his countrymen. He was +exposed in his youth to the jealousy of the King of Denmark, who +attacked his small but independent principality; and who, being foiled +in every assault, had recourse at last to perfidy for effecting his +purpose, which he had often attempted in vain by force of arms [f]: he +lulled Rollo into security by an insidious peace; and falling suddenly +upon him, murdered his brother and his bravest officers, and forced +him to fly for safety into Scandinavia. Here many of his ancient +subjects, induced partly by affection to their prince, partly by the +oppressions of the Danish monarch, ranged themselves under his +standard, and offered to follow him in every enterprise. Rollo, +instead of attempting to recover his paternal dominions, where he must +expect a vigorous resistance from the Danes, determined to pursue an +easier, but more important undertaking, and to make his fortune, in +imitation of his countrymen, by pillaging the richer and more southern +coasts of Europe. He collected a body of troops, which, like that of +all those ravagers, was composed of Norwegians, Swedes, Frisians, +Danes, and adventurers of all nations, who, being accustomed to a +roving unsettled life, took delight in nothing but war and plunder. +His reputation brought him associates from all quarters; and a vision, +which he pretended to have appeared to him in his sleep, and which, +according to his interpretation of it, prognosticated the greatest +successes, proved also a powerful incentive with those ignorant and +superstitious people [g]. +[FN [f] Dudo, ex edit. Duchesne, p. 70, 71. Gul. Gemeticencis, lib. +2. cap. 2, 3. [g] Dudo, p.71. Gul. Gem. in Epist. ad Gul. Conq.] + +The first attempt made by Rollo was on England, near the end of +Alfred's reign; when that great monarch, having settled Gothrum and +his followers in East Anglia, and others of those freebooters in +Northumberland, and having restored peace to his harassed country, had +established the most excellent military as well as civil institutions +among the English. The prudent Dane, finding that no advantages could +be gained over such a people, governed by such a prince, soon turned +his enterprises against France, which he found more exposed to his +inroads [h]; and during the reigns of Eudes, an usurper, and of +Charles the Simple, a weak prince, he committed the most destructive +ravages both on the inland and maritime provinces of that kingdom. +The French, having no means of defence against a leader who united all +the valour of his countrymen with the policy of more civilized +nations, were obliged to submit to the expedient practised by Alfred, +and to offer the invaders a settlement in some of those provinces +which they had depopulated by their +arms [i]. +[FN [h] Gul. Gemet. lib. 2. cap. 6. [i] Dudo, p. 82.] + +The reason why the Danes for many years pursued measures so different +from those which had been embraced by the Goths, Vandals, Franks, +Burgundians, Lombards, and other northern conquerors, was the great +difference in the method of attack which was practised by these +several nations, and to which the nature of their respective +situations necessarily confined them. The latter tribes, living in an +inland country, made incursions by land upon the Roman empire; and +when they entered far into the frontiers, they were obliged to carry +along with them their wives and families, whom they had no hopes of +soon revisiting, and who could not otherwise participate of their +plunder. This circumstance quickly made them think of forcing a +settlement in the provinces which they had overrun; and these +barbarians, spreading themselves over the country, found an interest +in protecting the property and industry of the people whom they had +subdued. But the Danes and Norwegians, invited by their maritime +situation, and obliged to maintain themselves in their uncultivated +country by fishing, had acquired some experience of navigation, and in +their military excursions pursued the method practised against the +Roman empire by the more early Saxons: they made descents in small +bodies from their ships, or rather boats, and ravaging the coasts, +returned with their booty to their families, whom they could not +conveniently carry along with them in those hazardous enterprises. +But when they increased their armaments, made incursions into the +inland countries, and found it safe to remain longer in the midst of +the enfeebled enemy, they had been accustomed to crowd their vessels +with their wives and children; and having no longer any temptation to +return to their own country, they willingly embraced an opportunity of +settling in the warm climates and cultivated fields of the south. + +Affairs were in this situation with Rollo and his followers, when +Charles proposed to relinquish to them part of the province formerly +called Neustria, and to purchase peace on these hard conditions. +After all the terms were fully settled, there appeared only one +circumstance shocking to the haughty Dane: he was required to do +homage to Charles for this province, and to put himself in that +humiliating posture imposed on vassals by the rites of the feudal law. +He long refused to submit to this indignity; but being unwilling to +lose such important advantages for a mere ceremony, he made a +sacrifice of his pride to his interest, and acknowledged himself, in +form, the vassal of the French monarch [k]. Charles gave him his +daughter, Gisla, in marriage; and that he might bind him faster to his +interests, made him a donation of a considerable territory, besides +that which he was obliged to surrender to him by his stipulations. +When some of the French nobles informed him, that in return for so +generous a present it was expected that he should throw himself at the +king's feet and make suitable acknowledgments for his bounty, Rollo +replied, that he would rather decline the present; and it was with +some difficulty they could persuade him to make that compliment by one +of his captains. The Dane commissioned for this purpose, full of +indignation at the order, and despising so unwarlike a prince, caught +Charles by the foot, and pretending to carry it to his mouth, that he +might kiss it, overthrew him before all his courtiers. The French, +sensible of their present weakness, found it prudent to overlook this +insult [l]. +[FN [k] Ypod. Neust. p. 417. [1] Gul Gemet. lib. 2. cap. 17.] + +Rollo, who was now in the decline of life, and was tired of wars and +depredations, applied himself, with mature counsels, to the settlement +of his newly-acquired territory, which was thenceforth called +Normandy; and he parcelled it out among his captains and followers. +He followed, in this partition, the customs of the feudal law, which +was then universally established in the southern countries of Europe, +and which suited the peculiar circumstances of that age. He treated +the French subjects, who submitted to him, with mildness and justice; +he reclaimed his ancient followers from their ferocious violence; he +established law and order throughout his state; and after a life spent +in tumult and ravages, he died peaceably in a good old age, and left +his dominions to his posterity [m]. +[FN [m] Ibid. cap. 19, 20, 21.] + +William I. who succeeded him, governed the duchy twenty-five years; +and, during that time, the Normans were thoroughly intermingled with +the French, had acquired their language, had imitated their manners, +and had made such progress towards cultivation, that on the death of +William, his son Richard, though a minor [n], inherited his dominions: +a sure proof that the Normans were already somewhat advanced in +civility, and that their government could now rest secure on its laws +and civil institutions, and was not wholly sustained by the abilities +of the sovereign. Richard, after a long reign of fifty-four years, +was succeeded by his son of the same name in the year 996 [o]; which +was eighty-five years after the first establishment of the Normans in +France. This was the duke who gave his sister Emma in marriage to +Ethelred, King of England, and who thereby formed connexions with a +country which his posterity was so soon after destined to subdue. +[FN [n] Order. Vitalis, p. 459. Gul. Gemet. lib. 4. cap. 1. [o] +Order. Vitalis, p. 459.] + +The Danes had been established during a longer period in England than +in France; and though the similarity of their original language to +that of the Saxons invited them to a more early coalition with the +natives, they had hitherto found so little example of civilized +manners among the English, that they retained all their ancient +ferocity, and valued themselves only on their national character of +military bravery. The recent as well as more ancient achievements of +their countrymen tended to support this idea; and the English princes, +particularly Athelstan and Edgar, sensible of that superiority, had +been accustomed to keep in pay bodies of Danish troops, who were +quartered about the country, and committed many violences upon the +inhabitants. These mercenaries had attained to such a height of +luxury, according to the old English writers [p], that they combed +their hair once a day, bathed themselves once a week, changed their +clothes frequently; and by all these arts of effeminacy, as well as by +their military character, had rendered themselves so agreeable to the +fair sex, that they debauched the wives and daughters of the English, +and dishonoured many families. But what most provoked the +inhabitants, was, that instead of defending them against invaders, +they were ever ready to betray them to the foreign Danes, and to +associate themselves with all straggling parties of that nation. The +animosity between the inhabitants of English and Danish race had from +these repeated injuries risen to a great height; when Ethelred, from a +policy incident to weak princes, embraced the cruel resolution of +massacring the latter throughout all his dominions [q]. [MN 1002.] +Secret orders were despatched to commence the execution everywhere on +the same day; and the festival of St. Brice [MN Nov. 13.], which fell +on a Sunday, the day on which the Danes usually bathed themselves, was +chosen for that purpose. It is needless to repeat the accounts +transmitted concerning the barbarity of this massacre: the rage of the +populace, excited by so many injuries, sanctioned by authority, and +stimulated by example, distinguished not between innocence and guilt, +spared neither sex nor age, and was not satiated without the tortures +as well as death of the unhappy victims. Even Gunilda, sister to the +King of Denmark, who had married Earl Paling, and had embraced +Christianity, was, by the advice of Edric, Earl of Wilts, seized and +condemned to death by Ethelred, after seeing her husband and children +butchered before her face. This unhappy princess foretold, in the +agonies of despair, that her murder would soon be avenged by the total +ruin of the English nation. +[FN [p] Wallingford, p. 547. [q] See note [D] at the end of the +volume.] + +[MN 1003.] +Never was prophecy better fulfilled; and never did barbarous policy +prove more fatal to the authors. Sweyn and his Danes, who wanted but +a pretence for invading the English, appeared off the western coast, +and threatened to take full revenge for the slaughter of their +countrymen. Exeter fell first into their hands, from the negligence +or treachery of Earl Hugh, a Norman, who had been made governor by the +interest of Queen Emma. They began to spread their devastations over +the country; when the English, sensible what outrages they must now +expect from their barbarous and offended enemy, assembled more early, +and in greater numbers than usual, and made an appearance of vigorous +resistance. But all these preparations were frustrated by the +treachery of Duke Alfric, who was intrusted with the command, and who, +feigning sickness, refused to lead the army against the Danes, till it +was dispirited, and at last dissipated, by his fatal misconduct. +Alfric soon after died; and Edric, a greater traitor than he, who had +married the king's daughter, and had acquired a total ascendant over +him, succeeded Alfric in the government of Mercia, and in the command +of the English armies. A great famine, proceeding partly from the bad +seasons, partly from the decay of agriculture, added to all the other +miseries of the inhabitants. The country, wasted by the Danes, +harassed by the fruitless expeditions of its own forces, was reduced +to the utmost desolation; and at last [MN 1007.] submitted to the +infamy of purchasing a precarious peace from the enemy, by the payment +of thirty thousand pounds. + +The English endeavoured to employ this interval in making preparations +against the return of the Danes, which they had reason soon to expect. +A law was made, ordering the proprietors of eight hides of land to +provide each a horseman and a complete suit of armour; and those of +three hundred and ten hides to equip a ship for the defence of the +coast. When this navy was assembled, which must have consisted of +near eight hundred vessels [r], all hopes of its success were +disappointed by the factions, animosities, and dissensions of the +nobility Edric had impelled his brother Brightric to prefer an +accusation of treason against Wolfnoth, Governor of Sussex, the father +of the famous Earl Godwin; and that nobleman, well acquainted with the +malevolence, as well as power of his enemy, found no means of safety +but in deserting with twenty ships to the Danes. Brightric pursued +him with a fleet of eighty sail; but his ships being shattered in a +tempest, and stranded on the coast, he was suddenly attacked by +Wolfnoth, and all his vessels were burnt or destroyed. The imbecility +of the king was little capable of repairing this misfortune: the +treachery of Edric frustrated every plan for future defence; and the +English navy, disconcerted, discouraged, and divided, was at last +scattered into its several harbours. +[FN [r] There were 243,600 hides in England. Consequently the ships +equipped must be 785. The cavalry was 30,450 men.] + +It is almost impossible, or would be tedious, to relate particularly +all the miseries to which the English were thenceforth exposed. We +hear of nothing but the sacking and burning of towns; the devastation +of the open country; the appearance of the enemy in every quarter of +the kingdom; their cruel diligence in discovering any corner which had +not been ransacked by their former violence. The broken and +disjointed narration of the ancient historians is here well adapted to +the nature of the war, which was conducted by such sudden inroads as +would have been dangerous even to an united and well-governed kingdom, +but proved fatal, where nothing but a general consternation and mutual +diffidence and dissension prevailed. The governors of one province +refused to march to the assistance of another, and were at last +terrified from assembling their forces for the defence of their own +province. General councils were summoned; but either no resolution +was taken, or none was carried into execution. And the only expedient +in which the English agreed, was the base and imprudent one of buying +a new peace from the Danes, by the payment of forty-eight thousand +pounds. + +[MN 1011.] This measure did not bring them even that short interval +of repose which they had expected from it. The Danes, disregarding +all engagements, continued their devastations and hostilities; levied +a new contribution of eight thousand pounds upon the county of Kent +alone; murdered the Archbishop of Canterbury, who had refused to +countenance this exaction; and the English nobility found no other +resource than that of submitting every where to the Danish monarch, +swearing allegiance to him [MN 1013.], and delivering him hostages for +their fidelity. Ethelred, equally afraid of the violence of the enemy +and the treachery of his own subjects, fled into Normandy, whither he +had sent before him Queen Emma and her two sons, Alfred and Edward. +Richard received his unhappy guests with a generosity that does honour +to his memory. + +[MN 1014.] The king had not been above six weeks in Normandy when he +heard of the death of Sweyn, who expired at Gainsborough, before he +had time to establish himself in his newly acquired dominions. The +English prelates and nobility, taking advantage of this event, sent +over a deputation to Normandy, inviting Ethelred to return to them, +expressing a desire of being again governed by their native prince, +and intimating their hopes, that being now tutored by experience, he +would avoid all those errors which had been attended with such +misfortunes to himself and to his people. But the misconduct of +Ethelred was incurable; and on his resuming the government, he +discovered the same incapacity, indolence, cowardice, and credulity, +which had so often exposed him to the insults of his enemies. His +son-in-law, Edric, notwithstanding his repeated treasons, retained +such influence at court as to instil into the king jealousies of +Sigefert and Morcar, two of the chief nobles of Mercia: Edric allured +them into his house, where he murdered them; while Ethelred +participated in the infamy of the action, by confiscating their +estates and thrusting into a convent the widow of Sigefert. She was a +woman of singular beauty and merit; and in a visit which was paid her, +during her confinement, by Prince Edmond, the king’s eldest son, she +inspired him with so violent an affection, that he released her from +the convent, and soon after married her, without the consent of his +father. + +Meanwhile the English found in Canute, the son and successor of Sweyn, +an enemy no less terrible than the prince from whom death had so +lately delivered them. He ravaged the eastern coast with merciless +fury, and put ashore all the English hostages at Sandwich, after +having cut off their hands and noses. He was obliged, by the +necessity of his affairs, to make a voyage to Denmark; but returning +soon after, he continued his depredations along the southern coast: he +even broke into the counties of Dorset, Wilts, and Somerset; where an +army was assembled against him, under the command of Prince Edmond and +Duke Edric. The latter still continued his perfidious machinations; +and after endeavouring in vain to get the prince into his power, he +found means to disperse the army; and he then openly deserted to +Canute with forty vessels. [MN 1015.] + +Notwithstanding this misfortune, Edmond was not disconcerted; but, +assembling all the force of England, was in a condition to give battle +to the enemy. The king had had such frequent experience of perfidy +among his subjects, that he had lost all confidence in them: he +remained at London, pretending sickness, but really from apprehensions +that they intended to buy their peace, by delivering him into the +hands of his enemies. The army called aloud for their sovereign to +march at their head against the Danes; and, on his refusal to take the +field, they were so discouraged, that those vast preparations became +ineffectual for the defence of the kingdom. Edmond, deprived of all +regular supplies to maintain his soldiers, was obliged to commit equal +ravages with those which were practised by the Danes; and after making +some fruitless expeditions into the north, which had submitted +entirely to Canute’s power, he retired to London, determined there to +maintain, to the last extremity, the small remains of English liberty. +[MN 1016.] He here found every thing in confusion by the death of the +king, who expired after an unhappy and inglorious reign of thirty-five +years. He left two sons by his first marriage, Edmond, who succeeded +him, and Edwy, whom Canute afterwards murdered. His two sons by the +second marriage, Alfred and Edward, were immediately, upon Ethelred’s +death, conveyed into Normandy by Queen Emma. + +[MN Edmond Ironside.] +This prince, who received the name of Ironside from his hardy valour, +possessed courage and abilities sufficient to have prevented his +country from sinking into those calamities, but not to raise it from +that abyss of misery into which it had already fallen. Among the +other misfortunes of the English, treachery and disaffection had crept +in among the nobility and prelates; and Edmond found no better +expedient for stopping the farther progress of these fatal evils, than +to lead his army instantly into the field, and to employ them against +the common enemy. After meeting with some success at Gillingham, he +prepared himself to decide, in one general engagement, the fate of his +crown; and at Scoerston, in the county of Gloucester, he offered +battle to the enemy, who were commanded by Canute and Edric. Fortune, +in the beginning of the day, declared for him; but Edric, having cut +off the head of one Osmer, whose countenance resembled that of Edmond, +fixed it on a spear, carried it through the ranks in triumph, and +called aloud to the English, that it was time to fly; for, behold! the +head of their sovereign. And though Edmond, observing the +consternation of the troops, took off his helmet and showed himself to +them, the utmost he could gain by his activity and valour was to leave +the victory undecided. Edric now took a surer method to ruin him, by +pretending to desert to him, and as Edmond was well acquainted with +his power, and probably knew no other of the chief nobility in whom he +could repose more confidence, he was obliged, notwithstanding the +repeated perfidy of the man, to give him a considerable command in the +army. A battle soon after ensued at Assington in Essex, where Edric, +flying in the beginning of the day, occasioned the total defeat of the +English, followed by a great slaughter of the nobility. The +indefatigable Edmond, however, had still resources; assembling a new +army at Gloucester, he was again in a condition to dispute the field; +when the Danish and English nobility, equally harassed with those +convulsions, obliged their kings to come to a compromise, and to +divide the kingdom between them by treaty. Canute reserved to himself +the northern division, consisting of Mercia, East Anglia, and +Northumberland, which he had entirely subdued; the southern parts were +left to Edmond. This prince survived the treaty about a month. He +was murdered at Oxford by two of his chamberlains, accomplices of +Edric, who thereby made way for the succession of Canute the Dane to +the crown of England. + +[MN Canute 1017.] +The English, who had been unable to defend their country, and maintain +their independency, under so active and brave a prince as Edmond, +could, after his death, expect nothing but total subjection from +Canute, who, active and brave himself, and at the head of a great +force, was ready to take advantage of the minority of Edwin and +Edward, the two sons of Edmond. Yet this conqueror, who was commonly +so little scrupulous, showed himself anxious to cover his injustice +under plausible pretences; before he seized the dominions of the +English princes, he summoned a general assembly of the states, in +order to fix the succession of the kingdom. He here suborned some +nobles to depose that, in the treaty of Gloucester, it had been +verbally agreed either to name Canute, in case of Edmond’s death, +successor to his dominions, or tutor to his children (for historians +vary in this particular); and that evidence, supported by the great +power of Canute, determined the states immediately to put the Danish +monarch in possession of the government. Canute, jealous of the two +princes, but sensible that he should render himself extremely odious +if he ordered them to be despatched in England, sent them abroad to +his ally, the King of Sweden, whom he desired, as soon as they arrived +at his court, to free him by their death from all farther anxiety. +The Swedish monarch was too generous to comply with the request, but +being afraid of drawing on himself a quarrel with Canute, by +protecting the young princes, he sent them to Solomon, King of +Hungary, to be educated in his court. The elder, Edwin, was +afterwards married to the sister of the King of Hungary, but the +English prince dying without issue, Solomon gave his sister-in-law, +Agatha, daughter of the Emperor Henry II., in marriage to Edward, the +younger brother; and she bore him Edgar Atheling, Margaret, afterwards +queen of Scotland, and Christiana, who retired into a convent. + +Canute, though he had reached the great point of his ambition, in +obtaining possession of the English crown, was obliged at first to +make great sacrifices to it; and to gratify the chief of the nobility, +by bestowing on them the most extensive governments and jurisdictions. +He created Thurkill Earl or Duke of East Anglia, (for these titles +were then nearly of the same import,) Yric of Northumberland, and +Edric of Mercia, reserving only to himself the administration of +Wessex. But seizing afterwards a favourable opportunity, he expelled +Thurkill and Yric from their governments, and banished them the +kingdom; he put to death many of the English nobility, on whose +fidelity he could not rely, and whom he hated on account of their +disloyalty to their native prince. And even the traitor Edric, having +had the assurance to reproach him with his services, was condemned to +be executed, and his body to be thrown into the Thames; a suitable +reward for his multiplied acts of perfidy and rebellion. + +Canute also found himself obliged, in the beginning of his reign, to +load the people with heavy taxes, in order to reward his Danish +followers: he exacted from them at one time the sum of seventy-two +thousand pounds; besides eleven thousand pounds, which he levied on +London alone. He was probably willing, from political motives, to +mulct severely that city, on account of the affection which it had +borne to Edmond, and the resistance which it had made to the Danish +power in two obstinate sieges [s]. But these rigours were imputed to +necessity; and Canute, like a wise prince, was determined that the +English, now deprived of all their dangerous leaders, should be +reconciled to the Danish yoke by the justice and impartiality of his +administration. He sent back to Denmark as many of his followers as +he could safely spare; he restored the Saxon customs in a general +assembly of the states; he made no distinction between Danes and +English in the distribution of justice; and he took care, by a strict +execution of law, to protect the lives and properties of all his +people. The Danes were gradually incorporated with his new subjects; +and both were glad to obtain a little respite from those multiplied +calamities from which the one, no less than the other, had, in their +fierce contest for power, experienced such fatal consequences. +[FN [s] W. Malm. p. 72. In one of these sieges, Canute diverted the +course of the Thames, and by that means brought his ships above London +bridge.] + +The removal of Edmond’s children into so distant a country as Hungary, +was, next to their death, regarded by Canute as the greatest security +to his government: he had no farther anxiety, except with regard to +Alfred and Edward, who were protected and supported by their uncle, +Richard Duke of Normandy. Richard even fitted out a great armament, +in order to restore the English princes to the throne of their +ancestors; and, though the navy was dispersed by a storm, Canute saw +the danger to which he was exposed from the enmity of so warlike a +people as the Normans. In order to acquire the friendship of the +duke, he paid his addresses to Queen Emma, sister of that prince; and +promised that he would leave the children whom he should have by that +marriage in possession of the crown of England. Richard complied with +his demand, and sent over Emma to England, where she was soon after +married to Canute [t]. The English, though they disapproved of her +espousing the mortal enemy of her former husband and his family, were +pleased to find at court a sovereign to whom they were accustomed, and +who had already formed connexions with them; and thus Canute, besides +securing by this marriage the alliance of Normandy, gradually +acquired, by the same means, the confidence of his own subjects [u]. +The Norman prince did not long survive the marriage of Emma; and he +left the inheritance of the duchy to his eldest son of the same name; +who dying a year after him without children, was succeeded by his +brother Robert, a man of valour and abilities. +[FN [t] Chron Sax. p. 151. W. Malmes. p. 73. [u] W. Malmes. p. 73. +Higden, p. 275.] + +Canute, having settled his power in England beyond all danger of a +revolution, made a voyage to Denmark, in order to resist the attacks +of the King of Sweden; and he carried along with him a great body of +the English, under the command of Earl Godwin. This nobleman had here +an opportunity of performing a service by which he both reconciled the +king’s mind to the English nation, and, gaining to himself the +friendship of his sovereign, laid the foundation of that immense +fortune which he acquired to his family. He was stationed next the +Swedish camp, and observing a favourable opportunity which he was +obliged suddenly to seize, he attacked the enemy in the night, drove +them from their trenches, threw them into disorder, pursued his +advantage, and obtained a decisive victory over them. Next morning, +Canute seeing the English camp entirely abandoned, imagined that those +disaffected troops had deserted to the enemy: he was agreeably +surprised to find that they were at that time engaged in pursuit of +the discomfited Swedes. He was so pleased with this success, and with +the manner of obtaining it, that he bestowed his daughter in marriage +upon Godwin, and treated him ever after with entire confidence and +regard. + +[MN 1028.] In another voyage, which he made afterwards to Denmark, +Canute attacked Norway, and expelling the just but unwarlike Olaus, +kept possession of his kingdom till the death of that prince. He had +now, by his conquests and valour, attained the utmost height of +grandeur; having leisure from wars and intrigues, he felt the +unsatisfactory nature of all human enjoyments; and, equally weary of +the glories and turmoils of this life, he began to cast his view +towards that future existence, which it is so natural for the human +mind, whether satiated by prosperity, or disgusted with adversity, to +make the object of its attention. Unfortunately, the spirit which +prevailed in that age gave a wrong direction to his devotion; instead +of making compensation to those whom he had injured by his former acts +of violence, he employed himself entirely in those exercises of piety +which the monks represented as the most meritorious. He built +churches, he endowed monasteries, he enriched the ecclesiastics, and +he bestowed revenues for the support of chantries at Assington and +other places, where he appointed prayers to be said for the souls of +those who had there fallen in battle against him. He even undertook a +pilgrimage to Rome, where he resided a considerable time; besides +obtaining from the pope some privileges for the English school erected +there, he engaged all the princes through whose dominions he was +obliged to pass to desist from those heavy impositions and tolls which +they were accustomed to exact from the English pilgrims. By this +spirit of devotion, no less than by his equitable and politic +administration, he gained, in a good measure, the affections of his +subjects. + +Canute, the greatest and most powerful monarch of his time, sovereign +of Denmark and Norway, as well as of England, could not fail of +meeting with adulation from his courtiers; a tribute which is +liberally paid even to the meanest and weakest princes. Some of his +flatterers, breaking out one day in admiration of his grandeur, +exclaimed, that every thing was possible for him; upon which the +monarch, it is said, ordered his chair to be set on the sea-shore, +while the tide was rising; and as the waters approached he commanded +them to retire, and to obey the voice of him who was lord of the +ocean. He feigned to sit some time in expectation of their +submission; but when the sea still advanced towards him, and began to +wash him with its billows, he turned to his courtiers, and remarked to +them, that every creature in the universe was feeble and impotent, and +that power resided with one Being alone, in whose hands were all the +elements of nature, who could say to the ocean, THUS FAR SHALT THOU +GO, AND NO FARTHER; and who could level with his nod the most towering +piles of human pride and ambition. + +[MN 1031.] The only memorable action which Canute performed after his +return from Rome was an expedition against Malcolm, King of Scotland. +During the reign of Ethelred, a tax of a shilling a hide had been +imposed on all the lands of England. It was commonly called DANEGELT; +because the revenue had been employed either in buying peace with the +Danes, or in making preparations against the inroads of that hostile +nation. That monarch had required that the same tax should be paid by +Cumberland, which was held by the Scots; but Malcolm, a warlike +prince, told him, that, as he was always able to repulse the Danes by +his own power, he would neither submit to buy peace of his enemies, +nor pay others for resisting them. Ethelred, offended at this reply, +which contained a secret reproach on his own conduct, undertook an +expedition against Cumberland; but though he committed ravages upon +the country, he could never bring Malcolm to a temper more humble or +submissive. Canute, after his accession, summoned the Scottish king +to acknowledge himself a vassal for Cumberland to the crown of +England; but Malcolm refused compliance, on pretence that he owed +homage to those princes only who inherited that kingdom by right of +blood. Canute was not of a temper to bear this insult; and the King +of Scotland soon found that the sceptre was in very different hands +from those of the feeble and irresolute Ethelred. Upon Canute’s +appearing on the frontiers with a formidable army, Malcolm agreed that +his grandson and heir, Duncan, whom he put in possession of +Cumberland, should make the submissions required, and that the heirs +of Scotland should always acknowledge themselves vassals to England +for that province [w]. +[FN [w] W. Malmes p. 74.] + +Canute passed four years in peace after this enterprise, and he died +at Shaftesbury [x]; leaving three sons, Sweyn, Harold, and +Hardicanute. Sweyn, whom he had by his first marriage with Alfwen, +daughter of the Earl of Hampshire, was crowned in Norway: Hardicanute, +whom Emma had borne him, was in possession of Denmark: Harold, who was +of the same marriage with Sweyn, was at that time in England. +[FN [x] Chron. Sax. p. 154. W. Malmes. p. 76.] + +[MN Harold Harefoot. 1035.] +Though Canute, in his treaty with Richard, Duke of Normandy, had +stipulated that his children by Emma should succeed to the crown of +England, he had either considered himself as released from that +engagement by the death of Richard, or esteemed it dangerous to leave +an unsettled and newly-conquered kingdom in the hands of so young a +prince as Hardicanute; he therefore appointed by his will Harold +successor to the crown. This prince was, besides, present to maintain +his claim; he was favoured by all the Danes, and he got immediately +possession of his father’s treasures, which might be equally useful, +whether he found it necessary to proceed by force or intrigue in +insuring his succession. On the other hand, Hardicanute had the +suffrages of the English, who, on account of his being born among them +of Queen Emma, regarded him as their countryman; he was favoured by +the articles of treaty with the Duke of Normandy; and, above all, his +party was espoused by Earl Godwin, the most powerful nobleman in the +kingdom, especially in the province of Wessex, the chief seat of the +ancient English. Affairs were likely to terminate in a civil war; +when, by the interposition of the nobility of both parties, a +compromise was made, and it was agreed that Harold should enjoy, +together with London, all the provinces north of the Thames, while the +possession of the south should remain to Hardicanute; and till that +prince should appear and take possession of his dominions, Emma fixed +her residence at Winchester, and established her authority over her +son’s share of the partition. + +Meanwhile, Robert, Duke of Normandy, died in a pilgrimage to the Holy +Land, and being succeeded by a son, yet a minor, the two English +princes, Alfred and Edward, who found no longer any countenance or +protection in that country, gladly embraced the opportunity of paying +a visit, with a numerous retinue, to their mother Emma, who seemed to +be placed in a state of so much power and splendour at Winchester. +But the face of affairs soon wore a melancholy aspect. Earl Godwin +had been gained by the arts of Harold, who promised to espouse the +daughter of that nobleman, and while the treaty was yet a secret, +these two tyrants laid a plan for the destruction of the English +princes. Alfred was invited to London by Harold with many professions +of friendship; but when he had reached Guilford, he was set upon by +Godwin’s vassals, about six hundred of his train were murdered in the +most cruel manner, he himself was taken prisoner, his eyes were put +out, and he was conducted to the monastery of Ely, where he died soon +after [y]. Edward and Emma, apprized of the fate which was awaiting +them, fled beyond sea, the former into Normandy, the latter into +Flanders. While Harold, triumphing in his bloody policy, took +possession, without resistance, of all the dominions assigned to his +brother. +[FN [y] H. Hunt. p. 365. Ypod. Neustr. p. 434. Hoveden, p. 438. +Chron. Mailr. p. 156. Higden, p. 277. Chron. St. Petri de Burgo, p. +39. Sim. Dun. p. 179. Abbas Rieval. p. 366, 374. Brompton, p. 935. +Gul. Gem. lib. 7, cap. 11. Matth. West. p. 209. Flor. Wigorn. p. +622. Alur. Beverl. p. 118.] + +This is the only memorable action performed during a reign of four +years, by this prince, who gave so bad a specimen of his character, +and whose bodily accomplishments alone are known to us by his +appellation of HAREFOOT, which he acquired from his agility in running +and walking. He died on the 14th of April, 1039; little regretted or +esteemed by his subjects, and left the succession open to his brother, +Hardicanute. + +[MN Hardicanute. 1039.] +Hardicanute, or Canute the Hardy, that is, the robust, (for he too is +chiefly known by his bodily accomplishments,) though, by remaining so +long in Denmark, he had been deprived of his share in the partition of +the kingdom, had not abandoned his pretensions; and he had determined, +before Harold’s death, to recover by arms what he had lost, either by +his own negligence, or by the necessity of his affairs. On pretence +of paying a visit to the queen-dowager in Flanders, he had assembled a +fleet of sixty sail, and was preparing to make a descent on England, +when intelligence of his brother’s death induced him to sail +immediately to London, where he was received in triumph, and +acknowledged king without opposition. + +The first act of Hardicanute’s government afforded his subjects a bad +prognostic of his future conduct. He was so enraged at Harold for +depriving him of his share of the kingdom, and for the cruel treatment +of his brother Alfred, that, in an impotent desire of revenge against +the dead, he ordered his body to be dug up, and to be thrown into the +Thames; and, when it was found by some fishermen, and buried in +London, he ordered it again to be dug up, and to be thrown again into +the river; but it was fished up a second time, and then interred with +great secrecy. Godwin, equally servile and insolent, submitted to be +his instrument in this unnatural and brutal action. + +That nobleman knew that he was universally believed to have been an +accomplice in the barbarity exercised on Alfred, and that he was on +that account obnoxious to Hardicanute; and perhaps he hoped, by +displaying this rage against Harold’s memory, to justify himself from +having had any participation in his counsels. But Prince Edward, +being invited over by the king, immediately on his appearance +preferred an accusation against Godwin for the murder of Alfred, and +demanded justice for that crime. Godwin, in order to appease the +king, made him a magnificent present of a galley with a gilt stern, +rowed by fourscore men, who bore each of them a gold bracelet on his +arm, weighing sixteen ounces, and were armed and clothed in the most +sumptuous manner. Hardicanute, pleased with the splendour of this +spectacle, quickly forgot his brother’s murder; and on Godwin’s +swearing that he was innocent of the crime, he allowed him to be +acquitted. + +Though Hardicanute, before his accession, had been called over by the +vows of the English, he soon lost the affections of the nation by his +misconduct; but nothing appeared more grievous to them, than his +renewing the imposition of Danegelt, and obliging the nation to pay a +great sum of money to the fleet which brought him from Denmark. The +discontents ran high in many places; in Worcester the populace rose, +and put to death two of the collectors. The king, enraged at this +opposition, swore vengeance against the city, and ordered three +noblemen, Godwin, Duke of Wessex, Siward, Duke of Northumberland, and +Leofric, Duke of Mercia, to execute his menaces with the utmost +rigour. They were obliged to set fire to the city, and deliver it up +to be plundered by their soldiers; but they saved the lives of the +inhabitants, whom they confined in a small island of the Severn, +called Bevery, till, by their intercession, they were able to appease +the king, and obtain the pardon of the supplicants. + +This violent government was of short duration. Hardicanute died in +two years after his accession, at the nuptials of a Danish lord, which +he had honoured with his presence. His usual habits of intemperance +were so well known, that, notwithstanding his robust constitution, his +sudden death gave as little surprise as it did sorrow to his subjects. + +[MN Edward the Confessor. 1041.] +The English, on the death of Hardicanute, saw a favourable opportunity +for recovering their liberty, and for shaking off the Danish yoke, +under which they had so long laboured. Sweyn, King of Norway, the +eldest son of Canute, was absent; and as the two last kings had died +without issue, none of that race presented himself, nor any whom the +Danes could support as successor to the throne. Prince Edward was +fortunately at court on his brother’s demise; and though the +descendants of Edmund Ironside were the true heirs of the Saxon +family, yet their absence in so remote a country as Hungary, appeared +a sufficient reason for their exclusion, to a people like the English, +so little accustomed to observe a regular order in the succession of +their monarchs. All delays might be dangerous; and the present +occasion must hastily be embraced; while the Danes, without concert, +without a leader, astonished at the present incident, and anxious only +for their personal safety, durst not oppose the united voice of the +nation. + +But this concurrence of circumstances in favour of Edward might have +failed of its effect, had his succession been opposed by Godwin, whose +power, alliances, and abilities gave him a great influence at all +times, especially amidst those sudden opportunities which always +attend a revolution of government, and which, either seized or +neglected, commonly prove decisive. There were opposite reasons which +divided men’s hopes and fears with regard to Godwin’s conduct. On the +one hand, the credit of that nobleman lay chiefly in Wessex, which was +almost entirely inhabited by English: it was therefore presumed that +he would second the wishes of that people, in restoring the Saxon line +and in humbling the Danes, from whom he, as well as they, had reason +to dread, as they had already felt the most grievous oppressions. On +the other hand, there subsisted a declared animosity between Edward +and Godwin, on account of Alfred’s murder, of which the latter had +publicly been accused by the prince, and which he might believe so +deep an offence, as could never, on account of any subsequent merits, +be sincerely pardoned. But their common friends here interposed; and, +representing the necessity of their good correspondence, obliged them +to lay aside all jealousy and rancour, and concur in restoring liberty +to their native country. Godwin only stipulated, that Edward, as a +pledge of his sincere reconciliation, should promise to marry his +daughter Editha; and having fortified himself by this alliance, he +summoned a general council at Gillingham, and prepared every measure +for securing the succession to Edward. The English were unanimous and +zealous in their resolutions; the Danes were divided and dispirited: +any small opposition which appeared in the assembly was browbeaten and +suppressed; and Edward was crowned king, with every demonstration of +duty and affection. + +The triumph of the English, upon this signal and decisive advantage, +was at first attended with some assault and violence against the +Danes; but the king, by the mildness of his character, soon reconciled +the latter to his administration, and the distinction between the two +nations gradually disappeared. The Danes were interspersed with the +English in most of the provinces; they spoke nearly the same language; +they differed little in their manners and laws; domestic dissensions +in Denmark prevented, for some years, any powerful invasion from +thence, which might awaken past animosities; and as the Norman +Conquest, which ensued soon after, reduced both nations to equal +subjection, there is no further mention in history of any difference +between them. The joy, however, of their present deliverance made +such impression on the minds of the English, that they instituted an +annual festival for celebrating that great event; and it was observed +in some counties even to the time of Spellman [z]. +[FN [z] Spellm. Glossary, in verbo HOCDAY.] + +The popularity which Edward enjoyed on his accession was not destroyed +by the first act of his administration, his resuming all the grants of +his immediate predecessors; an attempt which is commonly attended with +the most dangerous consequences. The poverty of the crown convinced +the nation that this act of violence was become absolutely necessary; +and as the loss fell chiefly on the Danes, who had obtained large +grants from the late kings, their countrymen, on account of their +services in subduing the kingdom, the English were rather pleased to +see them reduced to their primitive poverty. The king’s severity also +towards his mother, the queen-dowager, though exposed to some more +censure, met not with very general disapprobation. He had hitherto +lived on indifferent terms with the princess; he accused her of +neglecting him and his brother during their adverse fortune [a]; he +remarked that as the superior qualities of Canute, and his better +treatment of her, had made her entirely indifferent to the memory of +Ethelred, she also gave the preference to her children of the second +bed, and always regarded Hardicanute as her favourite. The same +reasons had probably made her unpopular in England; and though her +benefactions to the monks obtained her the favour of that order, the +nation was not, in general, displeased to see her stripped by Edward +of immense treasure which she had amassed. He confined her, during +the remainder of her life, in a monastery at Winchester, but carried +his rigour against her no farther. The stories of his accusing her of +a participation in her son Alfred’s murder, and of a criminal +correspondence with the Bishop of Winchester, and also of her +justifying herself by treading barefoot, without receiving any hurt, +over nine burning ploughshares, were the inventions of the monkish +historians, and were propagated and believed from the silly wonder of +posterity [b]. +[FN [a] Anglia Sacra, vol. i. p. 237. [b] Higden, p. 277.] + +The English flattered themselves that, by the accession of Edward, +they were delivered for ever from the dominion of foreigners; but they +soon found that this evil was not yet entirely removed. The king had +been educated in Normandy; and had contracted many intimacies with the +natives of that country, as well as an affection for their manners +[c]. The court of England was soon filled with Normans, who, being +distinguished both by the favour of Edward, and by a degree of +cultivation superior to that which was attained by the English in +those ages, soon rendered their language, customs, and laws, +fashionable in the kingdom. The study of the French tongue became +general among the people. The courtiers affected to imitate that +nation in their dress, equipage, and entertainments: even the lawyers +employed a foreign language in their deeds and papers [d]. But, above +all, the church felt the influence and dominion of those strangers: +Ulf and William, two Normans, who had formerly been the king’s +chaplains, were created Bishops of Dorchester and London. Robert, a +Norman also, was promoted to the see of Canterbury [e], and always +enjoyed the highest favour of his master, of which his abilities +rendered him not unworthy. And though the king’s prudence, or his +want of authority, made him confer almost all the civil and military +employments on the natives, the ecclesiastical preferments fell often +to the share of the Normans; and as the latter possessed Edward’s +confidence, they had secretly a great influence on public affairs, and +excited the jealousy of the English, particularly of Earl Godwin [f]. +[FN [c] Ingulph. p. 62. [d] Ingulph. p. 62. [e] Chron. Sax. p. 161. +[f] W. Malm. p. 80.] + +This powerful nobleman, besides being Duke or Earl of Wessex, had the +counties of Kent and Sussex annexed to his government. His eldest +son, Sweyn, possessed the same authority in the counties of Oxford, +Berks, Gloucester, and Hereford; and Harold, his second son, was Duke +of East Anglia, and at the same time governor of Essex. The great +authority of this family was supported by immense possessions and +powerful alliances; and the abilities, as well as ambition of Godwin +himself, contributed to render it still more dangerous. A prince of +greater capacity and vigour than Edward would have found it difficult +to support the dignity of the crown under such circumstances; and as +the haughty temper of Godwin made him often forget the respect due to +his prince, Edward’s animosity against him was grounded on personal as +well as political considerations, on recent as well as more ancient +injuries. The king, in pursuance of his engagements, had indeed +married Editha, the daughter of Godwin [g]; but this alliance became a +fresh source of enmity between them. Edward’s hatred of the father +was transferred to that princess; and Editha, though possessed of many +amiable accomplishments, could never acquire the confidence and +affection of her husband. It is even pretended that, during the whole +course of her life, he abstained from all commerce of love with her; +and such was the absurd admiration paid to an inviolable chastity +during those ages, that his conduct in this particular is highly +celebrated by the monkish historians, and greatly contributed to his +acquiring the title of Saint and Confessor [h]. [MN 1048] +[FN [g] Chron. Sax. p. 157. [h] Wm. Malm. p. 80 Higden, p. 277. +Abbas Rieval. p. 366, 377. Matth. West. p. 221. Chron. Thom. Wykes, +p. 21. Anglia Sacra, vol. i. p. 241.] + +The most popular pretence on which Godwin could ground his +disaffection to the king and his administration was to complain of the +influence of the Normans in the government; and a declared opposition +had thence arisen between him and these favourites. It was not long +before this animosity broke into action. Eustace, Count of Boulogne, +having paid a visit to the king, passed by Dover in his return; one of +his train, being refused entrance to a lodging which had been assigned +him, attempted to make his way by force, and in the contest he wounded +the master of the house. The inhabitants revenged this insult by the +death of the stranger; the count and his train took arms, and murdered +the wounded townsman; a tumult ensued; near twenty persons were killed +on each side; and Eustace, being overpowered by numbers, was obliged +to save his life by flight from the fury of the populace. He hurried +immediately to court and complained of the usage he had met with: the +king entered zealously into the quarrel, and was highly displeased +that a stranger of such distinction, whom he had invited over to his +court, should, without any just cause, as he believed, have felt so +sensibly the insolence and animosity of his people. He gave orders to +Godwin, in whose government Dover lay, to repair immediately to the +place, and to punish the inhabitants for the crime: but Godwin, who +desired rather to encourage than repress the popular discontents +against foreigners, refused obedience, and endeavoured to throw the +whole blame of the riot on the Count of Boulogne and his retinue [i]. +Edward, touched in so sensible a point, saw the necessity of exerting +the royal authority; and he threatened Godwin, if he persisted in his +disobedience, to make him feel the utmost effects of his resentment. +[FN [i] Chron. Sax. p. 163. W. Malm. p. 81. Higden, p. 279.] + +The earl, perceiving a rupture to be unavoidable, and pleased to +embark in a cause where it was likely he should be supported by his +countrymen, made preparations for his own defence, or rather for an +attack on Edward. Under pretence of repressing some disorders on the +Welsh frontier, he secretly assembled a great army, and was +approaching the king, who resided, without any military force, and +without suspicion, at Gloucester [k]. Edward applied for protection +to Siward, Duke of Northumberland, and Leofric, Duke of Mercia, two +powerful noblemen, whose jealousy of Godwin’s greatness, as well as +their duty to the crown, engaged them to defend the king in this +extremity. They hastened to him with such of their followers as they +could assemble on a sudden; and finding the danger much greater than +they had at first apprehended, they issued orders for mustering all +the forces within their respective governments, and for marching them +without delay to the defence of the king’s person and authority. +Edward, meanwhile, endeavoured to gain time by negotiation; while +Godwin, who thought the king entirely in his power, and who was +willing to save appearances, fell into the snare; and, not sensible +that he ought to have no farther reserve after he had proceeded so +far, he lost the favourable opportunity of rendering himself master of +the government. +[FN [k] Chron. Sax. p. 163. W. Malm. p. 81.] + +The English, though they had no high idea of Edward’s vigour and +capacity, bore him great affection, on account of his humanity, +justice, and piety, as well as the long race of their native kings +from whom he was descended; and they hastened from all quarters to +defend him from the present danger. His army was now so considerable, +that he ventured to take the field, and marching to London, he +summoned a great council to judge of the rebellion of Godwin and his +sons. These noblemen pretended at first that they were willing to +stand their trial; but having in vain endeavoured to make their +adherents persist in rebellion, they offered to come to London, +provided they might receive hostages for their safety: this proposal +being rejected, they were obliged to disband the remains of their +forces, and have recourse to flight. Baldwin, Earl of Flanders, gave +protection to Godwin and his three sons, Gurth, Sweyn, and Tosti; the +latter of whom had married the daughter of that prince. Harold and +Leofwin, two other of his sons, took shelter in Ireland. The estates +of the father and sons were confiscated: their governments were given +to others: Queen Editha was confined in a monastery at Warewel: and +the greatness of this family, once so formidable, seemed now to be +totally supplanted and overthrown. + +But Godwin had fixed his authority on too firm a basis, and he was too +strongly supported by alliances, both foreign and domestic, not to +occasion farther disturbances and make new efforts for his +re-establishment. [MN 1052.] The Earl of Flanders permitted him to +purchase and hire ships within his harbours; and Godwin, having manned +them with his followers, and with freebooters of all nations, put to +sea, and attempted to make a descent at Sandwich. The king, informed +of his preparations, had equipped a considerable fleet, much superior +to that of the enemy; and the earl, hastily, before their appearance, +made his retreat into the Flemish harbours [l]. The English court, +allured by the present security, and destitute of all vigorous +counsels, allowed the seamen to disband, and the fleet to go to decay +[m], while Godwin, expecting the event, kept his men in readiness for +action. He put to sea immediately, and sailed to the Isle of Wight, +where he was joined by Harold, with a squadron which the nobleman had +collected in Ireland. He was now master of the sea; and entering +every harbour in the southern coast, he seized all the ships [n], and +summoned his followers in those counties, which had so long been +subject to his government, to assist him in procuring justice to +himself, his family, and his country, against the tyranny of +foreigners. Reinforced by great numbers from all quarters, he entered +the Thames; and appearing before London, threw every thing into +confusion. The king alone seemed resolute to defend himself to the +last extremity; but the interposition of the English nobility, many of +whom favoured Godwin’s pretensions, made Edward hearken to terms of +accommodation; and the feigned humility of the earl, who disclaimed +all intentions of offering violence to his sovereign, and desired only +to justify himself by a fair and open trial, paved the way for his +more easy admission. It was stipulated that he should give hostages +for his good behaviour, and that the primate and all the foreigners +should be banished: by this treaty, the present danger of a civil war +was obviated, but the authority of the crown was considerably +impaired, or rather entirely annihilated. Edward, sensible that he +had not power sufficient to secure Godwin’s hostages in England, sent +them over to his kinsman, the young Duke of Normandy. +[FN [1] Sim. Dun. p. 186. [m] Chron. Sax. p. 166. [n] Ibid.] + +Godwin’s death, which happened soon after, while he was sitting at +table with the king, prevented him from farther establishing the +authority which he had acquired, and from reducing Edward to still +greater subjection [o]. He was succeeded in the government of Wessex, +Sussex, Kent, and Essex, and in the office of steward of the +household, a place of great power, by his son Harold, who was actuated +by an ambition equal to that of his father, and was superior to him in +address, in insinuation, and in virtue. By a modest and gentle +demeanour, he acquired the good-will of Edward; at least softened that +hatred which the prince had so long borne his family [p]; and gaining +every day new partisans by his bounty and affability, he proceeded in +a more silent and therefore a more dangerous manner, to the increase +of his authority. The king, who had not sufficient vigour directly to +oppose his progress, knew of no other expedient than that hazardous +one, of raising him a rival in the family of Leofric, Duke of Mercia, +whose son Algar was invested with the government of East Anglia, +which, before the banishment of Harold, had belonged to the latter +nobleman. But this policy, of balancing opposite parties, required a +more steady hand to manage it than that of Edward, and naturally +produced faction, and even civil broils, among nobles of such mighty +and independent authority. Algar was soon after expelled his +government by the intrigues and power of Harold; but being protected +by Griffith, Prince of Wales, who had married his daughter, as well as +by the power of his father, Leofric, he obliged Harold to submit to an +accommodation, and was reinstated in the government of East Anglia. +This peace was not of long duration: Harold, taking advantage of +Leofric’s death, which happened soon after, expelled Algar anew, and +banished him the kingdom; and though that nobleman made a fresh +irruption into East Anglia with an army of Norwegians, and overran the +country, his death soon freed Harold from the pretensions of so +dangerous a rival. Edward, the eldest son of Algar, was indeed +advanced to the government of Mercia; but the balance which the king +desired to establish between those potent families was wholly lost, +and the influence of Harold greatly preponderated. +[FN [o] See note [D] at the end of the volume. [p] Brompton, p. 948.] + +[MN 1055.] The death of Siward, Duke of Northumberland, made the way +still more open to the ambition of that nobleman. Siward, besides his +other merits, had acquired honour to England by his successful conduct +in the only foreign enterprise undertaken during the reign of Edward. +Duncan, King of Scotland, was a prince of a gentle disposition, but +possessed not the genius requisite for governing a country so +turbulent, and so much infested by the intrigues and animosities of +the great Macbeth, a powerful nobleman, and nearly allied to the +crown, not content with curbing the king’s authority, carried still +farther his pestilent ambition; he put his sovereign to death; chased +Malcolm Kenmore, his son and heir, into England; and usurped the +crown. Siward, whose daughter was married to Duncan, embraced, by +Edward’s orders, the protection of this distressed family: he marched +an army into Scotland; and having defeated and killed Macbeth in +battle, he restored Malcolm to the throne of his ancestors [q]. This +service, added to his former connexions with the royal family of +Scotland, brought a great accession to the authority of Siward in the +north; but as he had lost his eldest son, Osberne, in the action with +Macbeth, it proved in the issue fatal to his family. His second son, +Walthoef, appeared, on his father’s death, too young to be intrusted +with the government of Northumberland; and Harold’s influence obtained +that dukedom for his own brother Tosti. +[FN [q] W. Malm. p. 79. Hoveden, p. 443. Chron. Mailr. p. 158. +Buchanan, p. 115. edit. 1715.] + +There are two circumstances related of Siward, which discover his high +sense of honour, and his martial disposition. When intelligence was +brought him of his son Osberne’s death, he was inconsolable till he +heard that the wound was received in the breast, and that he had +behaved with great gallantry in the action. When he found his own +death approaching, he ordered his servants to clothe him in a complete +suit of armour; and sitting erect on the couch, with a spear in his +hand, declared that in that posture, the only one worthy of a warrior, +he would patiently await the fatal moment. + +The king, now worn out with cares and infirmities, felt himself far +advanced in the decline of life; and having no issue himself, began to +think of appointing a successor to the kingdom. He sent a deputation +to Hungary, to invite over his nephew, Edward, son of his elder +brother, and the only remaining heir of the Saxon line. That prince, +whose succession to the crown would have been easy and undisputed, +came to England with his children, Edgar, surnamed Atheling, Margaret, +and Christina; but his death, which happened a few days after his +arrival, threw the king into new difficulties. He saw, that the great +power and ambition of Harold had tempted him to think of obtaining +possession of the throne on the first vacancy, and that Edgar, on +account of his youth and inexperience, was very unfit to oppose the +pretensions of so popular and enterprising a rival. The animosity +which he had long borne to Earl Godwin, made him averse to the +succession of his son, and he could not, without extreme reluctance, +think of an increase of grandeur to a family which had risen on the +ruins of royal authority, and which, by the murder of Alfred his +brother, had contributed so much to the weakening of the Saxon line. +In this uncertainty, he secretly cast his eye towards his kinsman, +William, Duke of Normandy, as the only person whose power, and +reputation, and capacity, could support any destination which he might +make in his favour, to the exclusion of Harold and his family [r]. +[FN [r] Ingulph. p. 68.] + +This famous prince was natural son of Robert, Duke of Normandy, by +Harlotta, daughter of a tanner in Falaise [s], and was very early +established in that grandeur from which his birth seemed to have set +him at so great a distance. While he was but nine years of age, his +father had resolved to undertake a pilgrimage to Jerusalem; a +fashionable act of devotion, which had taken the place of pilgrimages +to Rome, and which, as it was attended with more difficulty and +danger, and carried those religious adventurers to the first sources +of Christianity, appeared to them more meritorious. Before his +departure, he assembled the states of the duchy; and informing them of +his design, he engaged them to swear allegiance to his natural son, +William, whom, as he had no legitimate issue, he intended, in case he +should die in the pilgrimage, to leave successor to his dominions [t]. +As he was a prudent prince, he could not but foresee the great +inconveniences which must attend this journey, and this settlement of +his succession, arising from the turbulency of the great, the claims +of other branches of the ducal family, and the power of the French +monarch; but all these considerations were surmounted by the +prevailing zeal for pilgrimages [u]; and probably the more important +they were, the more would Robert exult in sacrificing them to what he +imagined to be his religious duty. +[FN [s] Brompton, p. 910. [t] W. Malm. p. 95. [u] Ypod. Neust. p. +452.] + +This prince, as he had apprehended, died in his pilgrimage; and the +minority of his son was attended with all those disorders which were +almost unavoidable in that situation. The licentious nobles, freed +from the awe of sovereign authority, broke out into personal +animosities against each other, and made the whole country a scene of +war and devastation [w]. Roger, Count of Toni, and Alain, Count of +Britany, advanced claims to the dominion of the state; and Henry I., +King of France, thought the opportunity favourable for reducing the +power of a vassal, who had originally acquired his settlement in so +violent and invidious a manner, and who had long appeared formidable +to his sovereign [x]. The regency established by Robert encountered +great difficulties in supporting the government under this +complication of dangers; and the young prince, when he came to +maturity, found himself reduced to a very low condition. But the +great qualities which he soon displayed in the field and in the +cabinet gave encouragement to his friends, and struck a terror into +his enemies. He opposed himself on all sides against his rebellious +subjects, and against foreign invaders; and by his valour and conduct +prevailed in every action. He obliged the French king to grant him +peace on reasonable terms; he expelled all pretenders to the +sovereignty; and he reduced his turbulent barons to pay submission to +his authority, and to suspend their mutual animosities. The natural +severity of his temper appeared in a rigorous administration of +justice; and having found the happy effects of this plan of +government, without which the laws in those ages became totally +impotent, he regarded it as a fixed maxim, that an inflexible conduct +was the first duty of a sovereign. +[FN [w] W. Malm. p. 95. Gul. Gemet. lib. 7. cap. 1. [x] W. Malm. p. +97.] + +The tranquillity which he had established in his dominions had given +William leisure to pay a visit to the King of England during the time +of Godwin’s banishment; and he was received in a manner suitable to +the great reputation which he had acquired, to the relation by which +he was connected with Edward, and to the obligations which that prince +owed to his family [y]. On the return of Godwin, and the expulsion of +the Norman favourites, Robert, Archbishop of Canterbury, had, before +his departure, persuaded Edward to think of adopting William as his +successor; a counsel which was favoured by the king’s aversion to +Godwin, his prepossessions for the Normans, and his esteem of the +duke. That prelate, therefore, received a commission to inform +William of the king’s intentions in his favour; and he was the first +person that opened the mind of the prince to entertain those ambitious +hopes [z]. But Edward, irresolute and feeble in his purpose, finding +that the English would more easily acquiesce in the restoration of the +Saxon line, had, in the mean time, invited his brother’s descendants +from Hungary, with a view of having them recognised heirs to the +crown. The death of his nephew, and the inexperience and unpromising +qualities of young Edgar, made him resume his former intentions in +favour of the Duke of Normandy; though his aversion to hazardous +enterprises engaged him to postpone the execution, and even to keep +his purpose secret from all his ministers. +[FN [y] Hoveden, p. 442. Ingulph. p. 65. Chron. Mailr. p. 157. +Higden, p. 279. [z] Ingulph. p. 68. Gul. Gemet lib. 7. cap. 31. +Order. Vitalis, p. 492.] + +Harold, meanwhile, proceeded after a more open manner in increasing +his popularity, in establishing his power, and in preparing the way +for his advancement on the first vacancy; an event which, from the age +and infirmities of the king, appeared not very distant. But there was +still an obstacle, which it was requisite for him previously to +overcome. Earl Godwin, when restored to his power and fortune, had +given hostages for his good behaviour, and, among the rest, one son +and one grandson, whom Edward, for greater security, as has been +related, had consigned to the custody of the Duke of Normandy. +Harold, though not aware of the duke’s being his competitor, was +uneasy that such near relations should be detained prisoners in a +foreign country; and he was afraid lest William should, in favour of +Edgar, retain those pledges as a check on the ambition of any other +pretender. He represented, therefore, to the king, his unfeigned +submission to royal authority, his steady duty to his prince, and the +little necessity there was, after such a uniform trial of his +obedience, to detain any longer those hostages who had been required +on the first composing of civil discords. By these topics, enforced +by his great power, he extorted the king’s consent to release them; +and in order to effect his purpose, he immediately proceeded, with a +numerous retinue, on his journey to Normandy. A tempest drove him on +the territory of Guy, Count of Ponthieu, who, being informed of his +quality, immediately detained him prisoner, and demanded an exorbitant +sum for his ransom. Harold found means to convey intelligence of his +situation to the Duke of Normandy; and represented, that while he was +proceeding to HIS court, in execution of a commission from the King of +England, he had met with this harsh treatment from the mercenary +disposition of the Count of Ponthieu. + +William was immediately sensible of the importance of the incident. +He foresaw, that if he could once gain Harold, either by favours or +menaces, his way to the throne of England would be open, and Edward +would meet with no farther obstacle in executing the favourable +intentions which he had entertained in his behalf. He sent, +therefore, a messenger to Guy, in order to demand the liberty of his +prisoner; and that nobleman, not daring to refuse so great a prince, +put Harold into the hands of the Norman, who conducted him to Rouen. +William received him with every demonstration of respect and +friendship; and after showing himself disposed to comply with his +desire, in delivering up the hostages, he took an opportunity of +disclosing to him the great secret of his pretensions to the crown of +England, and of the will which Edward intended to make in his favour. +He desired the assistance of Harold in perfecting that design; he made +professions of the utmost gratitude in return for so great an +obligation; he promised that the present grandeur of Harold’s family, +which supported itself with difficulty under the jealousy and hatred +of Edward, should receive new increase from a successor, who would be +so greatly beholden to him for his advancement. Harold was surprised +at this declaration of the duke; but being sensible that he should +never recover his own liberty, much less that of his brother and +nephew, if he refused the demand, he feigned a compliance with +William, renounced all hopes of the crown for himself, and professed +his sincere intention of supporting the will of Edward, and seconding +the pretensions of the Duke of Normandy. William, to bind him faster +to his interests, besides offering him one of his daughters in +marriage, required him to take an oath that he would fulfil his +promises; and in order to render the oath more obligatory, he employed +an artifice well suited to the ignorance and superstition of the age. +He secretly conveyed under the altar, on which Harold agreed to swear, +the relics of some of the most revered martyrs; and when Harold had +taken the oath, he showed him the relics, and admonished him to +observe religiously an engagement which had been ratified by so +tremendous a sanction [a]. The English nobleman was astonished; but +dissembling his concern, he renewed the same professions, and was +dismissed with all the marks of mutual confidence by the Duke of +Normandy. +[FN [a] Wace, p. 459, 460. MS. penes Carte, p. 354. W. Malm. p. 93. +H. Hunt p. 366. Hoveden, p. 449. Brompton, p. 947.] + +When Harold found himself at liberty, his ambition suggested casuistry +sufficient to justify to him the violation of an oath, which had been +extorted from him by fear, and which, if fulfilled, might be attended +with the subjection of his native country to a foreign power. He +continued still to practise every art of popularity; to increase the +number of his partisans; to reconcile the minds of the English to the +idea of his succession; to revive their hatred of the Normans; and by +an ostentation of his power and influence, to deter the timorous +Edward from executing his intended destination in favour of William. +Fortune, about this time, threw two incidents in his way, by which he +was enabled to acquire general favour, and to increase the character, +which he had already attained, of virtue and abilities. + +The Welsh, though a less formidable enemy than the Danes, had long +been accustomed to infest the western borders; and after committing +spoil on the low countries, they usually made a hasty retreat into +their mountains, where they were sheltered from the pursuit of their +enemies, and were ready to seize the first favourable opportunity of +renewing their depredations. Griffith, the reigning prince, had +greatly distinguished himself in those incursions; and his name had +become so terrible to the English, that Harold found he could do +nothing more acceptable to the public, and more honourable for +himself, than the suppressing of so dangerous an enemy. He formed the +plan of an expedition against Wales; and having prepared some light- +armed foot to pursue the natives into their fastnesses, some cavalry +to scour the open country, and a squadron of ships to attack the +seacoast, he employed at once all these forces against the Welsh, +prosecuted his advantages with vigour, made no intermission in his +assaults, and at last reduced the enemy to such distress, that, in +order to prevent their total destruction, they made a sacrifice of +their prince, whose head they cut off and sent to Harold; and they +were content to receive as their sovereigns two Welsh noblemen +appointed by Edward to rule over them. The other incident was no less +honourable to Harold. + +Tosti, brother of this nobleman, who had been created Duke of +Northumberland, being of a violent tyrannical temper, had acted with +such cruelty and injustice, that the inhabitants rose in rebellion, +and chased him from his government. Morcar and Edwin, two brothers, +who possessed great power in those parts, and who were grandsons of +the great Duke Leofric, concurred in the insurrection; and the former, +being elected duke, advanced with an army to oppose Harold, who was +commissioned by the king to reduce and chastise the Northumbrians. +Before the armies came to action, Morcar, well acquainted with the +generous disposition of the English commander, endeavoured to justify +his own conduct. He represented to Harold, that Tosti had behaved in +a manner unworthy of the station to which he was advanced, and no one, +not even a brother, could support such tyranny without participating, +in some degree, of the infamy attending it; that the Northumbrians, +accustomed to a legal administration, and regarding it as their birth- +right, were willing to submit to the king, but required a governor who +would pay regard to their rights and privileges; that they had been +taught by their ancestors, that death was preferable to servitude, and +had taken the field, determined to perish rather than suffer a renewal +of those indignities to which they had so long been exposed; and they +trusted that Harold, on reflection, would not defend in another that +violent conduct, from which he himself, in his own government, had +always kept at so great a distance. This vigorous remonstrance was +accompanied with such a detail of facts, so well supported, that +Harold found it prudent to abandon his brother’s cause; and returning +to Edward, he persuaded him to pardon the Northumbrians, and to +confirm Morcar in the government. He even married the sister of that +nobleman [b]; and by his interest procured Edwin, the younger brother, +to be elected into the government of Mercia. Tosti in rage departed +the kingdom, and took shelter in Flanders with Earl Baldwin, his +father-in-law. +[FN [b] Order Vitalis, p. 492.] + +By this marriage Harold broke all measures with the Duke of Normandy; +and William clearly perceived that he could no longer rely on the +oaths and promises which he had extorted from him. But the English +nobleman was now in such a situation, that he deemed it no longer +necessary to dissemble. He had in his conduct towards the +Northumbrians, given such a specimen of his moderation as had gained +him the affections of his countrymen. He saw that almost all England +was engaged in his interests; while he himself possessed the +government of Wessex, Morcar that of Northumberland, and Edward that +of Mercia. He now openly aspired to the succession; and insisted, +that since it was necessary, by the confession of all, to set aside +the royal family, on account of the imbecility of Edgar, the sole +surviving heir, there was no one as capable of filling the throne as a +nobleman of great power, of mature age, of long experience, of +approved courage and abilities, who, being a native of the kingdom, +would effectually secure it against the dominion and tyranny of +foreigners. Edward, broken with age and infirmities, saw the +difficulties too great for him to encounter; and though his inveterate +prepossession kept him from seconding the pretensions of Harold, he +took but feeble and irresolute steps for securing the succession to +the Duke of Normandy [c]. While he continued in this uncertainty he +was surprised by sickness, which brought him to his grave, on the +fifth of January 1066, in the sixty-fifth year of his age, and twenty- +fifth of his reign. +[FN [c] See note [F] at the end of the volume.] + +This prince, to whom the monks gave the title of Saint and Confessor, +was the last of the Saxon line that ruled in England. Though his +reign was peaceable and fortunate, he owed his prosperity less to his +own abilities than to the conjunctures of the times. The Danes, +employed in other enterprises, attempted not those incursions which +had been so troublesome to all his predecessors, and fatal to some of +them. The facility of his disposition made him acquiesce under the +government of Godwin and his son Harold; and the abilities, as well as +the power, of these noblemen enabled them, while they were entrusted +with authority, to preserve domestic peace and tranquillity. The most +commendable circumstance of Edward’s government was his attention to +the administration of justice, and his compiling, for that purpose, a +body of laws, which he collected from the laws of Ethelbert, Ina, and +Alfred. This compilation, though now lost, (for the laws that pass +under Edward’s name were composed afterwards [d],) was long the object +of affection to the English nation. +[FN [d] Spellm. in verbo BELLIVA.] + +Edward the Confessor was the first that touched for the king’s evil: +the opinion of his sanctity procured belief to this cure among the +people: his successors regarded it as a part of their state and +grandeur to uphold the same opinion. It has been continued down to +our time; and the practice was first dropped by the present royal +family, who observed that it could no longer give amazement even to +the populace, and was attended with ridicule in the eyes of all men of +understanding. + +[MN Harold. 1066. January.] +Harold had so well prepared matters before the death of Edward, that +he immediately stepped into the vacant throne; and his accession was +attended with as little opposition and disturbance, as if he had +succeeded by the most undoubted hereditary title. The citizens of +London were his zealous partisans: the bishops and clergy had adopted +his cause; and all the powerful nobility, connected with him by +alliance or friendship, willingly seconded his pretensions. The title +of Edgar Atheling was scarcely mentioned; much less the claim of the +Duke of Normandy: and Harold, assembling his partisans, received the +crown from their hands, without waiting for the free deliberation of +the states, or regularly submitting the question to their +determination [e]. If any were averse to this measure, they were +obliged to conceal their sentiments; and the new prince, taking a +general silence for consent, and founding his title on the supposed +suffrages of the people, which appeared unanimous, was, on the day +immediately succeeding Edward’s death, crowned and anointed king, by +Aldred, Archbishop of York. The whole nation seemed joyful to +acquiesce in his elevation. +[FN [e] G. Pict. p. 196. Ypod. Neust. p. 436. Order. Vitalis, p. +492. M. West. p. 221 W. Malm. p. 93. Ingulph. p. 68. Brompton, p. +957. Knyghton, p. 2339. H. Hunt. p. 210. Many of the historians +say, that Harold was regularly elected by the states: some, that +Edward left him his successor by will.] + +The first symptoms of danger which the king discovered came from +abroad, and from his own brother Tosti, who had submitted to a +voluntary banishment in Flanders. Enraged at the successful ambition +of Harold, to which he himself had fallen a victim, he filled the +court of Baldwin with complaints of the injustice which he had +suffered; he engaged the interest of that family against his brother: +he endeavoured to form intrigues with some of the discontented nobles +in England: he sent his emissaries to Norway, in order to rouse to +arms the freebooters of that kingdom, and to excite the hopes of +reaping advantage from the unsettled state of affairs on the +usurpation of the new king: and that he might render the combination +more formidable, he made a journey to Normandy, in expectation that +the duke, who had married Matilda, another daughter of Baldwin, would, +in revenge of his own wrongs, as well as those of Tosti, second, by +his counsels and forces, the projected invasion of England [f]. +[FN [f] Order. Vitalis, p. 492.] + +The Duke of Normandy, when he first received intelligence of Harold’s +intrigues and accession, had been moved to the highest pitch of +indignation; but that he might give the better colour to his +pretensions, he sent an embassy to England, upbraiding that prince +with his breach of faith, and summoning him to resign immediately +possession of the kingdom. Harold replied to the Norman ambassadors, +that the oath with which he was reproached had been extorted by the +well-grounded fear of violence, and could never, for that reason, be +regarded as obligatory: that he had had no commission either from the +late king, or the states of England, who alone could dispose of the +crown, to make any tender of the succession to the Duke of Normandy; +and if he, a private person, had assumed so much authority, and had +even voluntarily sworn to support the duke’s pretensions, the oath was +unlawful, and it was his duty to seize the first opportunity of +breaking it: that he had obtained the crown by the unanimous suffrages +of the people; and should prove himself totally unworthy of their +favour, did he not strenuously maintain those national liberties, with +whose protection they had entrusted him: and that the duke, if he made +any attempt by force of arms, should experience the power of an united +nation, conducted by a prince, who, sensible of the obligations +imposed on him by his royal dignity, was determined that the same +moment should put a period to his life and to his government [g]. +[FN [g] W. Malm. p. 99. Higden, p. 285. Matth. West. p. 222. De +Gest. Angl. ancento auctore, p. 331.] + +This answer was no other than William expected; and he had previously +fixed his resolution of making an attempt upon England. Consulting +only his courage, his resentment, and his ambition, he overlooked all +the difficulties inseparable from an attack on a great kingdom by such +inferior force, and he saw only the circumstances which would +facilitate his enterprise. He considered that England, ever since the +accession of Canute, had enjoyed profound tranquillity during a period +of over fifty years; and it would require time for its soldiers, +enervated by long peace, to learn discipline, and its generals +experience. He knew that it was entirely unprovided with fortified +towns, by which it could prolong the war; but must venture its whole +fortune in one decisive action against a veteran enemy, who, being +once master of the field, would be in a condition to overrun the +kingdom. He saw that Harold, though he had given proofs of vigour and +bravery, had newly mounted a throne, which he had acquired by faction, +from which he had excluded a very ancient royal family, and which was +likely to totter under him by its own instability, much more if shaken +by any violent external impulse; and he hoped, that the very +circumstance of his crossing the sea, quitting his own country, and +leaving himself no hopes of retreat, as it would astonish the enemy by +the boldness of the enterprise, would inspirit his soldiers by +despair, and rouse them to sustain the reputation of the Norman arms. + +The Normans, as they had long been distinguished by valour among all +the European nations, had at this time attained to the highest pitch +of military glory. Besides acquiring by arms such a noble territory +in France, besides defending it against continual attempts of the +French monarch and all his neighbours, besides exerting many acts of +vigour under their present sovereign; they had, about this very time, +revived their ancient fame, by the most hazardous exploits, and the +most wonderful successes in the other extremity of Europe. A few +Norman adventurers in Italy had acquired such an ascendant, not only +over the Italians and Greeks, but the Germans and Saracens, that +they expelled those foreigners, procured to themselves ample +establishments, and laid the foundation of the opulent kingdom of +Naples and Sicily [h]. These enterprises of men, who were all of them +vassals in Normandy, many of them banished for faction and rebellion, +excited the ambition of the haughty William, who disdained, after such +examples of fortune and valour, to be deterred from making an attack +on a neighbouring country, where he could be supported by the whole +force of his principality. +[FN [h] Gul. Gemet. lib. 7. cap. 30.] + +The situation also of Europe inspired William with hopes that, besides +his brave Normans he might employ against England the flower of the +military force which was dispersed in all the neighbouring states. +France, Germany, and the Low Countries, by the progress of the feudal +institutions, were divided and subdivided into many principalities and +baronies; and the possessors, enjoying the civil jurisdiction within +themselves, as well as the right of arms, acted, in many respects, as +independent sovereigns, and maintained their properties and +privileges, less by the authority of laws than by their own force and +valour. A military spirit had universally diffused itself throughout +Europe; and the several leaders, whose minds were elevated by their +princely situation, greedily embraced the most hazardous enterprises; +and being accustomed to nothing from their infancy but recitals of the +success attending wars and battles, they were prompted by a natural +ambition to imitate those adventurers, which they heard so much +celebrated, and which were so much exaggerated by the credulity of the +age. United, however loosely, by their duty to one superior lord, and +by their connexions with the great body of the community to which they +belonged, they desired to spread their fame each beyond his own +district; and in all assemblies, whether instituted for civil +deliberations, for military expeditions, or merely for show and +entertainment, to outshine each other by the reputation of strength +and prowess. Hence their genius for chivalry; hence their impatience +of peace and tranquillity; and hence their readiness to embark in any +dangerous enterprise, how little soever interested in its failure or +success. + +William, by his power, his courage, and his abilities, had long +maintained a pre-eminence among those haughty chieftains; and every +one who desired to signalize himself by his address in military +exercises, or in valour in action, had been ambitious of acquiring a +reputation in the court and in the armies of Normandy. Entertained +with that hospitality and courtesy which distinguished the age, they +had formed attachments with the prince, and greedily attended to the +prospects of the signal glory and elevation which he promised them in +return for their concurrence in an expedition against England. The +more grandeur there appeared in the attempt, the more it suited their +romantic spirit; the fame of the intended invasion was already +diffused every where; multitudes crowded to tender to the Duke their +service, with that of their vassals and retainers [i]; and William +found less difficulty in completing his levies than in choosing the +most veteran forces, and in rejecting the offers of those who were +impatient to acquire fame under so renowned a leader. +[FN [i] Gul. Pictavensis, p. 198.] + +Besides these advantages, which William owed to his personal valour +and good conduct, he was indebted to fortune for procuring him some +assistance, and also for removing many obstacles which it was natural +for him to expect in an undertaking, in which all his neighbours were +so deeply interested. Conan, Count of Britany, was his mortal enemy; +in order to throw a damp upon the duke’s enterprise, he chose this +conjuncture for reviving his claim to Normandy itself; and he required +that, in case of William’s success against England the possession of +that duchy should devolve to him [k]. But Conan died suddenly after +making this demand; and Hoel, his successor, instead of adopting the +malignity, or, more properly speaking, the prudence of his +predecessor, zealously seconded the duke’s views and sent his eldest +son, Alain Fergant, to serve under him with a body of five thousand +Bretons. The counts of Anjou and of Flanders encouraged their +subjects to engage in the expedition; and even the court of France, +though it might justly fear the aggrandizement of so dangerous a +vassal, pursued not its interests on this occasion with sufficient +vigour and resolution. Philip I., the reigning monarch, was a minor; +and William, having communicated his project to the council, having +desired assistance, and offered to do homage, in case of his success, +for the crown of England, was indeed openly ordered to lay aside all +thoughts of the enterprise; but the Earl of Flanders, his father-in- +law, being at the head of the regency, favoured underhand his levies, +and secretly encouraged the adventurous nobility to enlist under the +standard of the Duke of Normandy. +[FN [k] Gul Gemet. lib. 7. cap. 33.] + +The Emperor, Henry IV., besides openly giving all his vassals +permission to embark in this expedition, which so much engaged the +attention of Europe, promised his protection to the duchy of Normandy +during the absence of the prince, and thereby enabled him to employ +his whole force in the invasion of England [l]. But the most +important ally whom William gained by his negotiations was the pope, +who had a mighty influence over the ancient barons, no less devout in +their religious principles, than valorous in their military +enterprises. The Roman pontiff, after an insensible progress, during +several ages of darkness and ignorance, began now to lift his head +openly above all the princes of Europe; to assume the office of a +mediator, or even an arbiter, in the quarrels of the greatest +monarchs; to interpose in all secular affairs; and to obtrude his +dictates as sovereign laws on his obsequious disciples. It was a +sufficient motive to Alexander II., the reigning pope, for embracing +William’s quarrel, that he alone had made an appeal to his tribunal, +and rendered him umpire of the dispute between him and Harold; but +there were other advantages which that pontiff foresaw must result +from the conquest of England by the Norman arms. That kingdom, though +at first converted by Romish missionaries, though it had afterwards +advanced some farther steps towards subjection to Rome, maintained +still a considerable independence in its ecclesiastical +administration; and forming a world within itself, entirely separated +from the rest of Europe, it had hitherto proved inaccessible to those +exorbitant claims which supported the grandeur of the papacy. +Alexander therefore hoped, that the French and Norman barons, if +successful in their enterprise, might import into that country a more +devoted reverence to the holy see, and bring the English churches to a +nearer conformity with those of the continent. He declared +immediately in favour of William’s claim; pronounced Harold a perjured +usurper; denounced excommunication against him and his adherents; and +the more to encourage the Duke of Normandy in his enterprise, he sent +him a consecrated banner, and a ring with one of St. Peter’s hairs in +it [m]. Thus were al1 the ambition and violence of that invasion +covered over safely with the broad mantle of religion. +[FN [l] Gul. Pict. p. 198. [m] Baker, p. 22. edit. 1684.] + +The greatest difficulty which William had to encounter in his +preparations, arose from his own subjects in Normandy. The states of +the duchy were assembled at Lislebonne; and supplies being demanded +for the intended enterprise, which promised so much glory and +advantage to their country, there appeared a reluctance in many +members, both to grant sums so much beyond the common measure of taxes +in that age, and to set a precedent of performing their military +service at a distance from their own country. The duke, finding it +dangerous to solicit them in a body, conferred separately with the +richest individuals in the province; and beginning with those on whose +affections he most relied, he gradually engaged all of them to advance +the sums demanded. The Count of Longueville seconded him in his +negotiation; as did the Count of Mortaigne, Odo, Bishop of Baieux, and +especially William Fitz-Osborne, Count of Breteuil, and constable of +the duchy. Every person, when he himself was once engaged, +endeavoured to bring over others; and at last the states themselves, +after stipulating that this concession should be no precedent, voted +that they would assist their prince to the utmost in his intended +enterprise [n]. +[FN [n] Camden. Introd. ad Britan. p. 212. 2nd edit. Gibs. Verstegan, +p. 173.] + +William had now assembled a fleet of three thousand vessels, great and +small [o], and had selected an army of sixty thousand men from among +those numerous supplies which from every quarter solicited to be +received into his service. The camp bore a splendid yet a martial +appearance, from the discipline of the men, the beauty and vigour of +the horse, the lustre of the arms, and the accoutrements of both; but +above all, from the high names of nobility who engaged under the +banners of the Duke of Normandy. The most celebrated were Eustace, +Count of Boulogne, Aimeri de Thouars, Hugh d’Estaples, William +d’Evreux, Geoffrey de Routrou, Roger de Beaumont, William de Warenne, +Roger de Montgomery, Hugh de Grantmesnil, Charles Martel, and Geoffrey +Giffard [p]. To these bold chieftains William held up the spoils of +England as the prize of their valour; and pointing to the opposite +shore, called to them, that THERE was the field on which they must +erect trophies to their name, and fix their establishments. +[FN [o] Gul. Gemet. lib. 7. cap. 34. [p] Order. Vitalis, p. 501.] + +While he was making these mighty preparations, the duke, that he +might increase the number of Harold's enemies, excited the inveterate +rancour of Tosti, and encouraged him, in concert with Harold Halfagar, +King of Norway, to infest the coasts of England. Tosti, having +collected about sixty vessels in the ports of Flanders, put to sea; +and after committing some depredations on the south and east coasts, +he sailed to Northumberland, and was there joined by Halfagar, who +came over with a great armament of three hundred sail. The combined +fleets entered the Humber, and disembarked the troops, who began to +extend their depredations on all sides; when Morcar, Earl of +Northumberland, and Edwin, Earl of Mercia, the king’s brother-in-law, +having hastily collected some forces, ventured to give them battle. +The action ended in the defeat and flight of these two noble men. + +Harold, informed of this defeat, hastened with an army to the +protection of his people; and expressed the utmost ardour to show +himself worthy of the crown which had been conferred upon him. This +prince, though he was not sensible of the full extent of his danger, +from the great combination against him, had employed every art of +popularity to acquire the affections of the public; and he gave so +many proofs of an equitable and prudent administration that the +English found no reason to repent the choice which they had made of a +sovereign. They flocked from all quarters to join his standard; and +as soon as he reached the enemy at Standford, he found himself in a +condition to give them battle. [MN Sept. 25.] The action was bloody; +but the victory was decisive on the side of Harold, and ended in the +total rout of the Norwegians, together with the death of Tosti and +Halfagar. Even the Norwegian fleet fell into the hands of Harold; who +had the generosity to give Prince Olave, the son of Halfagar, his +liberty, and allow him to depart with twenty vessels. But he had +scarcely time to rejoice for his victory, when he received +intelligence that the Duke of Normandy was landed with a great army in +the south of England. + +The Norman fleet and army had been assembled early in the summer, at +the mouth of the small river Dive, and all the troops had been +instantly embarked; but the winds proved long contrary, and detained +them in that harbour. The authority, however, of the duke, the good +discipline maintained among the seamen and soldiers, and the great +care in supplying them with provisions, had prevented any disorder; +when at last the wind became favourable, and enabled them to sail +along the coast, till they reached St. Valori. There were, however, +several vessels lost in this short passage; and as the wind again +proved contrary, the army began to imagine that heaven had declared +against them, and that, notwithstanding the pope's benediction, they +were destined to certain destruction. These bold warriors, who +despised real dangers, were very subject to the dread of imaginary +ones; and many of them began to mutiny, some of them even to desert +their colours; when the duke, in order to support their drooping +hopes, ordered a procession to be made with the relics of St. Valori +[q], and prayers to be said for more favourable weather. The wind +instantly changed; and as this incident happened on the eve of the +feast of St. Michael, the tutelar saint of Normandy, the soldiers, +fancying they saw the hand of Heaven in all these concurring +circumstances, set out with the greatest alacrity: they met with no +opposition on their passage: a great fleet, which Harold has +assembled, and which had cruized all summer off the Isle of Wight, had +been dismissed, on his receiving false intelligence that William, +discouraged by contrary winds and other accidents, had laid aside his +preparations. The Norman armament, proceeding in great order, arrived +without any material loss, at Pevensey, in Sussex; and the army +quietly disembarked. The duke himself, as he leaped on shore, +happened to stumble and fall; but had the presence of mind, it is +said, to turn the omen to his advantage, by calling aloud that he had +taken possession of the country. And a soldier, running to a +neighbouring cottage, plucked some thatch, which, as if giving seisin +of the kingdom, he presented to his general. The joy and alacrity of +William and his whole army were so great, that they were nowise +discouraged, even when they heard of Harold’s great victory over the +Norwegians; they seemed rather to wait with impatience for the arrival +of the enemy. +[FN [q] Higden, p. 285. Order. Vitalis, p. 500. Matth. Paris, edit. +Paris., anno 1644, p. 2.] + +The victory of Harold, though great and honourable, had proved in the +main prejudicial to his interests, and may be regarded as the +immediate cause of his ruin. He lost many of his bravest officers and +soldiers in the action: and he disgusted the rest by refusing to +distribute the Norwegian spoils among them: a conduct which was little +agreeable to his usual generosity of temper; but which his desire of +sparing the people, in the war that impended over him from the Duke of +Normandy, had probably occasioned. He hastened, by quick marches, to +reach this new invader; but though he was reinforced at London and +other places with fresh troops, he found himself also weakened by the +desertion of his old soldiers, who, from fatigue and discontent, +secretly withdrew from their colours. His brother Gurth, a man of +bravery and conduct, began to entertain apprehensions of the event; +and remonstrated with the king, that it would be better policy to +prolong the war; at least, to spare his own person in the action. He +urged to him, that the desperate situation of the Duke of Normandy +made it requisite for that prince to bring matters to a speedy +decision, and put his whole fortune on the issue of a battle; but that +the King of England, in his own country, beloved by his subjects, +provided with every supply, had more certain and less dangerous means +of ensuring to himself the victory; that the Norman troops, elated on +the one hand with the highest hopes, and seeing, on the other, no +resource in case of a discomfiture, would fight to the last extremity; +and being the flower of all the warriors of the continent, must be +regarded as formidable to the English: that if their first fire, which +is always the most dangerous, were allowed to languish for want of +action; if they were harassed with small skirmishes, straitened in +provisions, and fatigued with the bad weather and deep roads during +the winter season which was approaching, they must fall an easy and a +bloodless prey to their enemy: that if a general action were delayed, +the English, sensible of the imminent danger to which their +properties, as well as liberties, were exposed from those rapacious +invaders, would hasten from all quarters to his assistance, and would +render his army invincible: that at least, if he thought it necessary +to hazard a battle, he ought not to expose his own person, but +reserve, in case of disastrous accidents, some resource to the liberty +and independence of the kingdom: and that having once been so +unfortunate as to be constrained to swear, and that upon the holy +relics, to support the pretensions of the Duke of Normandy, it were +better that the command of the army should be intrusted to another, +who not being bound by those sacred ties, might give the soldiers more +assured hopes of a prosperous issue to the combat. + +Harold was deaf to all these remonstrances: elated with his past +prosperity, as well as stimulated by his native courage, he resolved +to give battle in person; and for that purpose he drew near to the +Normans, who had removed their camp and fleet to Hastings, where they +fixed their quarters. He was so confident of success, that he sent a +message to the duke, promising him a sum of money if he would depart +the kingdom without effusion of blood: but his offer was rejected with +disdain; and William, not to be behind with his enemy in vaunting, +sent him a message by some monks, requiring him either to resign the +kingdom, or to hold it of him in fealty, or to submit their cause to +the arbitration of the pope, or to fight him in single combat. Harold +replied, that the God of battles would soon be the arbiter of all +their .differences [r]. +[FN [r] Higden, p. 286.] + +[MN 14th October.] The English and Normans now prepared themselves +for this important decision; but the aspect of things on the night +before the battle was very different in the two camps. The English +spent the night in riot, and jollity, and disorder; the Normans in +silence, and in prayer, and in the other functions of their religion +[s]. On the morning, the duke called together the most considerable +of his commanders, and made them a speech suitable to the occasion. +He represented to them, that the event which they and he had long +wished for was approaching; the whole fortune of the war now depended +on their swords, and would be decided in a single action: that never +army had greater motives for exerting a vigorous courage, whether they +considered the prize which would attend their victory, or the +inevitable destruction which must ensue upon their discomfiture: that +if their martial and veteran bands could once break those raw +soldiers, who had rashly dared to approach them, they conquered a +kingdom at one blow, and were justly entitled to all its possessions +as the reward of their prosperous valour: that, on the contrary, if +they remitted in the least their wonted prowess, an enraged enemy hung +upon their rear, the sea met them in their retreat, and an ignominious +death was the certain punishment of their imprudent cowardice: that by +collecting so numerous and brave a host, he had ensured every human +means of conquest; and the commander of the enemy, by his criminal +conduct, had given him just cause to hope for the favour of the +Almighty, in whose hands alone lay the event of wars and battles: and +that a perjured usurper, anathematized by the sovereign pontiff, and +conscious of his own breach of faith, would be struck with terror on +their appearance, and would prognosticate to himself that fate which +his multiplied crimes had so justly merited [t]. The duke next +divided his army into three lines: the first, led by Montgomery, +consisted of archers and light-armed infantry: the second, commanded +by Martel, was composed of his bravest battalions, heavy armed, and +ranged in close order: his cavalry, at whose head he placed himself, +formed the third line; and were so disposed, that they stretched +beyond the infantry, and flanked each wing of the army [u]. He +ordered the signal of battle to be given; and the whole army, moving +at once, and singing the hymn or song of Roland, the famous peer of +Charlemagne [w], advanced, in order, and with alacrity, towards the +enemy. +[FN [s] W. Malm. p. 101. De Gest. Angl. p. 332. [t] H. Hunt. p. 368. +Brompton p. 959. Gul. Pict. p. 201. [u] Gul. Pict. p. 201. Order. +Vital. p. 501. [w] W. Malm. p. 101. Higden, p. 286. Matth. West. p. +223. Du Cange’s Glossary, in verbo CANTILENA ROLANDI.] + +Harold had seized the advantage of a rising ground, and having +likewise drawn some trenches to secure his flanks, he resolved to +stand upon the defensive, and to avoid all action with the cavalry, in +which he was inferior. The Kentish men were placed in the van, a post +which they had always claimed as their due: the Londoners guarded the +standard: and the king himself, accompanied by his two valiant +brothers, Gurth and Leofwin, dismounting, placed himself at the head +of his infantry, and expressed his resolution to conquer or to perish +in the action. The first attack of the Normans was desperate, but was +received with equal valour by the English; and after a furious combat, +which remained long undecided, the former, overcome by the difficulty +of the ground, and hard pressed by the enemy, began first to relax +their vigour, then to retreat; and confusion was spreading among the +ranks, when William, who found himself on the brink of destruction, +hastened with a select band to the relief of his dismayed forces. His +presence restored the action; the English were obliged to retire with +loss; and the duke, ordering his second line to advance, renewed the +attack with fresh forces, and with redoubled courage. Finding that +the enemy, aided by the advantage of ground, and animated by the +example of their prince, still made a vigorous resistance, he tried a +stratagem, which was very delicate in its management, but which seemed +advisable in his desperate situation, where, if he gained not a +decisive victory, he was totally undone: he commanded his troops to +make a hasty retreat, and to allure the enemy from their ground by the +appearance of flight. The artifice succeeded against those +inexperienced soldiers, who, heated by the action, and sanguine in +their hopes, precipitately followed the Normans into the plain. +William gave orders, that at once the infantry should face about upon +their pursuers, and the cavalry make an assault upon their wings, and +both of them pursue the advantage which the surprise and terror of the +enemy must give them in that critical and decisive moment. The +English were repulsed with great slaughter, and driven back to the +hill; where, being rallied by the bravery of Harold, they were able, +notwithstanding their loss, to maintain their post, and continue the +combat. The duke tried the same stratagem a second time with the same +success; but even after this double advantage, he still found a great +body of the English, who, maintaining themselves in firm array, seemed +determined to dispute the victory to the last extremity. He ordered +his heavy-armed infantry to make an assault upon them; while his +archers placed behind, should gall the enemy, who were exposed by the +situation of the ground, and who were intent on defending themselves +against the swords and spears of the assailants. By this disposition +he at last prevailed: Harold was slain by an arrow while he was +combating with great bravery at the head of his men: his two brothers +shared the same fate: and the English, discouraged by the fall of +those princes, gave ground on all sides, and were pursued with great +slaughter by the victorious Normans. A few troops, however, of the +vanquished had still the courage to turn upon their pursuers; and +attacking them in deep and miry ground, obtained some revenge for the +slaughter and dishonour of the day. But the appearance of the duke +obliged them to seek their safety by flight; and darkness saved them +from any farther pursuit by the enemy. + +Thus was gained by William, Duke of Normandy, the great and decisive +victory of Hastings, after a battle which was fought from morning till +sunset, and which seemed worthy, by the heroic valour displayed by +both armies, and by both commanders, to decide the fate of a mighty +kingdom. William had three horses killed under him; and there fell +near fifteen thousand men on the side of the Normans: the loss was +still more considerable on that of the vanquished; besides the death +of the king and his two brothers. The dead body of Harold was brought +to William, and was generously restored without ransom to his mother. +The Norman army left not the field of battle without giving thanks to +Heaven in the most solemn manner for their victory; and the prince, +having refreshed his troops, prepared to push to the utmost his +advantage against the divided, dismayed, and discomfited English. + + + + +APPENDIX I. + +THE ANGLO-SAXON GOVERNMENT AND MANNERS. + +FIRST SAXON GOVERNMENT.--SUCCESSION OF THE KINGS.--THE WITTENAGEMOT.-- +THE ARISTOCRACY.--THE SEVERAL ORDERS OF MEN.—COURTS OF JUSTICE.-- +CRIMINAL LAW.--RULES OF PROOF.--MILITARY FORCE.--PUBLIC REVENUE.-- +VALUE OF MONEY.--MANNERS. + + + +The government of the Germans, and that of all the northern nations, +who established themselves on the ruins of Rome, was always extremely +free; and those fierce people, accustomed to independence and inured +to arms, were more guided by persuasion than authority, in the +submission which they paid to their princes. The military despotism, +which had taken place in the Roman empire, and which, previously to +the irruption of those conquerors, had sunk the genius of men, and +destroyed every noble principle of science and virtue, was unable to +resist the vigorous efforts of a free people; and Europe, as from a +new epoch, rekindled her ancient spirit, and shook off the base +servitude to arbitrary will and authority under which she had so long +laboured. The free constitutions then established, however impaired +by the encroachments of succeeding princes, still preserve an air of +independence and legal administration, which distinguish the European +nations; and if that part of the globe maintain sentiments of liberty, +honour, equity and valour, superior to the rest of mankind, it owes +these advantages chiefly to the seeds implanted by those generous +barbarians. + +[MN First Saxon government.] +The Saxons, who subdued Britain, as they enjoyed great liberty in +their own country, obstinately retained that invaluable possession in +their new settlement; and they imported into this island the same +principles of independence which they had inherited from their +ancestors. The chieftains (for such they were, more properly than +kings or princes) who commanded them in those military expeditions, +still possessed a very limited authority; and as the Saxons +exterminated, rather than subdued, the ancient inhabitants, they were +indeed transplanted into a new territory, but preserved unaltered all +their civil and military institutions. The language was pure Saxon; +even the names of places, which often remain while the tongue entirely +changes, were almost all affixed by the conquerors; the manners and +customs were wholly German; and the same picture of a fierce and bold +liberty, which is drawn by the masterly pencil of Tacitus, will suit +those founders of the English government. The king, so far from being +invested with arbitrary power, was only considered as the first among +the citizens; his authority depended more on his personal qualities +than on his station; he was even so far on a level with the people, +that a stated price was fixed for his head, and a legal fine was +levied upon his murderer, which, though proportionate to his station, +and superior to that paid for the life of a subject, was a sensible +mark of his subordination to the community. + +[MN Succession of the kings.] +It is easy to imagine, that an independent people, so little +restrained by law and cultivated by science, would not be very strict +in maintaining a regular succession of their princes. Though they +paid great regard to the royal family, and ascribed to it an +undisputed superiority, they either had no rule, or none that was +steadily observed, in filling the vacant throne; and present +convenience, in that emergency, was more attended to than general +principles. We are not, however, to suppose that the crown was +considered as altogether elective; and that a regular plan was traced +by the constitution for supplying, by the suffrages of the people, +every vacancy made by the demise of the first magistrate. If any king +left a son of an age and capacity fit for government, the young prince +naturally stepped into the throne: if he was a minor, his uncle, or +the next prince of the blood, was promoted to the government, and left +the sceptre to his posterity: any sovereign, by taking previous +measures with the leading men, had it greatly in his power to appoint +his successor: all these changes, and indeed the ordinary +administration of government, required the express concurrence, or at +least the tacit acquiescence, of the people; but possession, however +obtained, was extremely apt to secure their obedience, and the idea of +any right, which was once excluded, was but feeble and imperfect. +This is so much the case in all barbarous monarchies, and occurs so +often in the history of the Anglo-Saxons, that we cannot consistently +entertain any other notion of their government. The idea of an +hereditary succession in authority is so natural to men, and is so +much fortified by the usual rule in transmitting private possessions, +that it must retain a great influence on every society, which does not +exclude it by the refinements of a republican constitution. But as +there is a material difference between government and private +possessions, and every man is not as much qualified for exercising the +one, as for enjoying the other, a people, who are not sensible of the +general advantages attending a fixed rule, and apt to make great leaps +in the succession, and frequently to pass over the person, who, had he +possessed the requisite years and abilities, would have been thought +entitled to the sovereignty. Thus, these monarchies are not, strictly +speaking, either elective or hereditary; and though the destination of +a prince may often be followed in appointing his successor, they can +as little be regarded as wholly testamentary. The states by their +suffrage may sometimes establish a sovereign; but they more frequently +recognize the person whom they find established: a few great men take +the lead; the people, overawed and influenced, acquiesce in the +government; and the reigning prince, provided he be of the royal +family, passes undisputedly for the legal sovereign. + +[MN The Wittenagemot.] +It is confessed, that our knowledge of the Anglo-Saxon history and +antiquities is too imperfect to afford us means of determining, with +certainty, all the prerogatives of the crown and privileges of the +people, or of giving an exact delineation of that government. It is +probable, also, that the constitution might be somewhat different in +the different kingdoms of the Heptarchy, and that it changed +considerably during the course of six centuries, which elapsed from +the first invasion of the Saxons till the Norman conquest [a]. But +most of these differences and changes, with their causes and effects, +are unknown to us. It only appears, that at all times, and in all the +kingdoms, there was a national council, called a Wittenagemot, or +assembly of the wise men, (for that is the import of the term,) whose +consent was requisite for enacting laws, and for ratifying the chief +acts of public administration. The preambles to all the laws of +Ethelbert, Ina, Alfred, Edward the Elder, Athelstan, Edmond, Edgar, +Ethelred, and Edward the Confessor; even those to the laws of Canute, +though a kind of conqueror, put this matter beyond controversy, and +carry proofs everywhere of a limited and legal government. But who +were the constituent members of this Wittenagemot has not been +determined with certainty by antiquaries. It is agreed, that the +bishops and abbots [b] were an essential part; and it is also evident, +from the tenour of those ancient laws, that the Wittenagemot enacted +statutes which regulated the ecclesiastical as well as civil +government, and that those dangerous principles, by which the church +is totally severed from the state, were hitherto unknown to the +Anglo-Saxons [c]. It also appears, that the aldermen, or governors of +counties, who, after the Danish times, were often called earls [d], +were admitted into this council, and gave their consent to the public +statutes. But besides the prelates and aldermen, there is also +mention of the Wites, or Wise-men, as a component part of the +Wittenagemot; but who THESE were, is not so clearly ascertained by the +laws or the history of that period. The matter would probably be of +difficult discussion, even were it examined impartially; but as our +modern parties have chosen to divide on this point, the question has +been disputed with the greater obstinacy, and the arguments on both +sides have become, on that account, the more captious and deceitful. +Our monarchical faction maintain, that these WITES, or SAPIENTES, were +the judges, or men learned in the law; the popular faction assert them +to be representatives of the boroughs, or what we now call the +Commons. +[FN [a] We know of one change, not inconsiderable, in the Saxon +constitution. The Saxon Annals, p. 49, inform us, that it was in +early times the prerogative of the king to name the dukes, earls, +aldermen, and sheriffs of the counties. Asser, a contemporary writer, +informs us, that Alfred deposed all the ignorant aldermen, and +appointed men of more capacity in their place. Yet the laws of Edward +the Confessor, Sec. 35, say expressly, that the Heretoghs or dukes, +and the sheriffs, were chosen by the freeholders in the folkmote, a +county court, which was assembled once a year, and where all the +freeholders swore allegiance to the king. [b] Sometimes abbesses were +admitted; at least, they often sign the king’s charters or grants. +Spellm. Gloss. in verbo PARLIAMENTUM. [c] Wilkins, passim. [d] See +note [G] at the end of the volume.] + +The expressions employed by all ancient historians, in mentioning the +Wittenagemot, seem to contradict the latter supposition. The members +are almost always called the PRINCIPES, SATRAPAE, OPTIMATES, MAGNATES, +PROCERES; terms which seem to suppose an aristocracy, and to exclude +the Commons. The boroughs also, from the low state of commerce, were +so small and so poor, and the inhabitants lived in such dependence on +the great men [e], that it seemed nowise probable they would be +admitted as a part of the national councils. The Commons are well +known to have had no share in the governments established by the +Franks, Burgundians, and other northern nations; and we may conclude +that the Saxons, who remained longer barbarous and uncivilized than +those tribes, would never think of conferring such an extraordinary +privilege on trade and industry. The military profession alone was +honourable among all those conquerors; the warriors subsisted by their +possessions in land; they became considerable by their influence over +their vassals, retainers, tenants, and slaves; and it requires strong +proof to convince us that they would admit any of a rank so much +inferior as the burgesses, to share with them in the legislative +authority. Tacitus indeed affirms, that among the ancient Germans, +the consent of all the members of the community was required in every +important deliberation; but he speaks not of representatives; and this +ancient practice, mentioned by the Roman historian, could only have +place in small tribes, where every citizen might, without +inconvenience, be assembled upon any extraordinary emergency. After +principalities became extensive; after the difference of property had +formed distinctions more important than those which arose from +personal strength and valour, we may conclude, that the national +assemblies must have been more limited in their number, and composed +only of the more considerable citizens. +[FN [e] Brady’s Treatise of English Boroughs, p. 3, 4, 5, &c.] + +But though we must exclude the burgesses, or Commons from the Saxon +Wittenagemot, there is some necessity for supposing that this assembly +consisted of other members than the prelates, abbots, aldermen, and +the judges or privy council. For as all these, excepting some of the +ecclesiastics [f], were anciently appointed by the king, had there +been no other legislative authority, the royal power had been in a +great measure absolute, contrary to the tenour of all the historians, +and to the practice of all the northern nations. We may therefore +conclude, that the more considerable proprietors of land were, without +any election, constituent members of the national assembly; there is +reason to think that forty hides, or between four and five thousand +acres, was the estate requisite for entitling the possessor to this +honourable privilege. We find a passage in an ancient author [g], by +which it appears, that a person of very noble birth, even one allied +to the crown, was not esteemed a PRINCEPS (the term usually employed +by ancient historians, when the Wittenagemot is mentioned) till he had +acquired a fortune of that amount. Nor need we imagine that the +public council would become disorderly or confused by admitting so +great a multitude. The landed property of England was probably in few +hands during the Saxon times; at least during the latter part of that +period; and as men had hardly any ambition to attend those public +councils, there was no danger of the assembly’s becoming too numerous +for the despatch of the little business which was brought before them. +[FN [f] There is some reason to think, that the bishops were sometimes +chosen by the Wittenagemot, and confirmed by the king. Eddius, cap. +2. The abbots in the monasteries of royal foundation were anciently +named by the king; though Edgar gave the monks the election, and only +reserved to himself the ratification. This destination was afterwards +frequently violated; and the abbots, as well as bishops were +afterwards all appointed by the king; as we learn from Ingulph, a +writer contemporary with the conquest. [g] Hist. Eliensis, lib. 2 +cap. 40.] + +It is certain, that, whatever we may determine concerning the +constituent members of the Wittenagemot, in whom, with the king, the +legislature resided, the Anglo-Saxon government, in the period +preceding the Norman conquest, was become extremely aristocratical; +the royal authority was very limited; the people, even if admitted to +that assembly, were of little or no weight and consideration. We have +hints given us in historians, of the great power and riches of +particular noblemen: and it could not but happen, after the abolition +of the Heptarchy, when the king lived at a distance from the +provinces, that those great proprietors, who resided on their estates, +would much augment their authority over their vassals and retainers, +and over all the inhabitants of the neighbourhood. Hence the +immeasurable power assumed by Harold, Godwin, Leofric, Siward, Morcar, +Edwin, Edric, and Alfric, who controlled the authority of the kings, +and rendered themselves quite necessary in the government. The two +latter, though detested by the people, on account of their joining a +foreign enemy, still preserved their power and influence; and we may +therefore conclude, that their authority was founded, not on +popularity, but on family rights and possessions. There is one +Athelstan, mentioned in the reign of the king of that name, who is +called Alderman of all England, and is said to be half-king; though +the monarch himself was a prince of valour and abilities [h]. And we +find, that in the latter Saxon times, and in these alone, the great +office went from father to son, and became in a manner hereditary in +the families [i]. +[FN [h] Hist. Rames. Sec. 3, p. 387. [i] Roger Hoveden, giving the +reason why William the Conqueror made Cospatric Earl of +Northumberland, says, NAM EX MATERNO SANGUINE ATTINEBAT AD EUM HONOR +ILLIUS COMITATUS. ERAT ENIM EX MATRE ALGITHA, FILIA UTHREDI COMITIS. +See also Sim. Dun. p. 205. We see in those instances the same +tendency towards rendering offices hereditary, which took place, +during a more early period, on the continent, and which had already +produced there its full effect.] + +The circumstances attending the invasions of the Danes would also +serve much to increase the power of the principal nobility. Those +freebooters made unexpected inroads on all quarters; and there was a +necessity that each county should resist them by its own force, and +under the conduct of its own nobility and its own magistrates. For +the same reason that a general war, managed by the united efforts of +the state, commonly augments the power of the crown; those private +wars and inroads turned to the advantage of the aldermen and nobles. + +Among that military and turbulent people, so averse to commerce and +the arts, and so little inured to industry, justice was commonly very +ill administered, and great oppression and violence seem to have +prevailed. These disorders would be increased by the exorbitant power +of the aristocracy; and would, in their turn, contribute to increase +it. Men, not daring to rely on the guardianship of the laws, were +obliged to devote themselves to the service of some chieftain, whose +orders they followed, even to the disturbance of the government, or +the injury of their fellow-citizens, and who afforded them, in return, +protection from any insult or injustice by strangers. Hence, we find +by the extracts which Dr. Brady has given us from Domesday, that +almost all the inhabitants, even of towns, had placed themselves under +the clientship of some particular nobleman, whose patronage they +purchased by annual payments, and whom they were obliged to consider +as their sovereign, more than the king himself, or even the +legislature [k]. A client, though a freeman, was supposed so much to +belong to his patron, that his murderer was obliged by law to pay a +fine to the latter, as a compensation for his loss; in like manner as +he paid a fine to the master for the murder of his slave [l]. Men who +were of a more considerable rank, but not powerful enough each to +support himself by his own independent authority, entered into formal +confederacies with each other, and composed a kind of separate +community, which rendered itself formidable to all aggressors. Dr. +Hickes has preserved a curious Saxon bond of this kind, which he calls +a SODALITIUM, and which contains many particulars characteristical of +the manners and customs of the times [m]. All the associates are +there said to be gentlemen of Cambridgeshire, and they swear before +the holy relics to observe their confederacy, and to be faithful to +each other: they promise to bury any of the associates who dies, in +whatever place he had appointed; to contribute to his funeral charges, +and to attend at his interment; and whoever is wanting in this last +duty, binds himself to pay a measure of honey. When any of the +associates is in danger, and calls for the assistance of his fellows, +they promise, besides flying to his succour, to give information to +the sheriff; and if he be negligent in protecting the person exposed +to danger, they engage to levy a fine of one pound upon him: if the +president of the society himself be wanting in this particular, he +binds himself to pay one pound; unless he has the reasonable excuse of +sickness, or of duty to his superior. When any of the associates is +murdered, they are to exact eight pounds from the murderer; and if he +refuse to pay it, they are to prosecute him for the sum at their joint +expense. If any of the associates who happens to be poor kill a man, +the society are to contribute, by a certain proportion, to pay his +fine: a mark a-piece if the fine be seven hundred shillings; less if +the person killed be a clown or ceorle; the half of that sum, again, +if he be a Welshman. But where any of the associates kills a man, +wilfully and without provocation, he must himself pay the fine. If +any of the associates kill any of his fellows in a like criminal +manner, besides paying the usual fine to the relations of the +deceased, he must pay eight pounds to the society, or renounce the +benefit of it; in which case, they bind themselves, under the penalty +of one pound, never to eat or drink with him, except in the presence +of the king, bishop, or alderman. There are other regulations to +protect themselves and their servants from all injuries, to revenge +such as are committed, and to prevent their giving abusive language to +each other; and the fine, which they engage to pay for this last +offence, is a measure of honey. +[FN [k] Brady’s Treatise of Boroughs, p. 3, 4, 5, &c. The case was +the same with the freemen in the country. See Pref. to his Hist. p. +8, 9, 10, &c. [1] LL. Edw. Conf. Sec. 8. apud Ingulph. [m] Dissert. +Epist. p. 21.] + +It is not to be doubted but a confederacy of this kind must have been +a great source of friendship and attachment; when men lived in +perpetual danger from enemies, robbers, and oppressors, and received +protection chiefly from their personal valour, and from the assistance +of their friends or patrons. As animosities were then more violent, +connexions were also more intimate, whether voluntary or derived from +blood: the most remote degree of propinquity was regarded: an +indelible memory of benefits was preserved: severe vengeance was taken +for injuries, both from a point of honour, and as the best means of +future security: and the civil union being weak, many private +engagements were contracted in order to supply its place, and to +procure men that safety which the laws and their own innocence were +not alone able to insure to them. + +On the whole, notwithstanding the seeming liberty, or rather +licentiousness, of the Anglo-Saxons, the great body even of the free +citizens, in those ages, really enjoyed much less true liberty, than +where the execution of the laws is the most severe, and where subjects +are reduced to the strictest subordination and dependence on the civil +magistrate. The reason is derived from the excess itself of that +liberty. Men must guard themselves at any price against insults and +injuries; and where they receive not protection from the laws and +magistrate, they will seek it by submission to superiors, and by +herding in some private confederacy which acts under the direction of +a powerful leader. And thus all anarchy is the immediate cause of +tyranny, if not over the state, at least over many of the individuals. +Security was provided by the Saxon laws to all members of the +Wittenagemot, both in going and returning, EXCEPT THEY WERE NOTORIOUS +THIEVES AND ROBBERS. + +[MN The several orders of men.] +The German Saxons, as the other nations of that continent, were +divided into three ranks of men, the noble, the free, and the slaves +[n]. This distinction they brought over with them into Britain. +[FN [n] Nithard. Hist. lib. 4.] + +The nobles were called thanes; and were of two kinds, the king’s +thanes and lesser thanes. The latter seem to have been dependent on +the former; and to have received lands, for which they paid rent, +services, or attendance in peace and war [o]. We know of no title +which raised any one to the rank of thane, except noble birth and the +possession of land. The former was always much regarded by all the +German nations, even in their most barbarous state; and as the Saxon +nobility, having little credit, could scarcely burthen their estates +with much debt, and as the Commons had little trade or industry by +which they could accumulate riches, these two ranks of men, even +though they were not separated by positive laws, might remain long +distinct, and the noble families continue many ages in opulence and +splendour. There were no middle ranks of men that could gradually mix +with their superiors, and insensibly procure to themselves honour and +distinction. If by any extraordinary accident a mean person acquired +riches, a circumstance so singular made him be known and remarked; he +became the object of envy, as well as of indignation, to all the +nobles; he would have great difficulty to defend what he had acquired; +and he would find it impossible to protect himself from oppression, +except by courting the patronage of some great chieftain, and paying a +large price for his safety. +[FN [o] Spellm. Feuds and Tenures, p. 40.] + +There are two statutes among the Saxon laws which seem calculated to +confound those different ranks of men; that of Athelstan, by which a +merchant, who had made three long sea voyages on his own account, was +entitled to the quality of thane [p]; and that of the same prince, by +which a ceorle or husbandman, who had been able to purchase five hides +of land, and had a chapel, a kitchen, a hall, and a bell, was raised +to the same distinction [q]. But the opportunities were so few, by +which a merchant or ceorle could thus exalt himself above his rank, +that the law could never overcome the reigning prejudices; the +distinction between noble and base blood would still be indelible; and +the well-born thanes would entertain the highest contempt for those +legal and factitious ones. Though we are not informed of any of these +circumstances by ancient historians, they are so much founded on the +nature of things, that we may admit them as a necessary and infallible +consequence of the situation of the kingdom during those ages. +[FN [p] Wilkins, p. 71. [q] Selden, Titles of Honour, p. 515. +Wilkins, p. 70.] + +The cities appear by Domesday-book to have been at the Conquest little +better than villages [r]. York itself, though it was always the +second, at least the third [s], city in England, and was the capital +of a great province, which never was thoroughly united with the rest, +contained but one thousand four hundred and eighteen families [t]. +Malmsbury tells us [u], that the great distinction between the +Anglo-Saxon nobility, and the French or Norman was, that the latter +built magnificent and stately castles; whereas the former consumed +their immense fortunes in riot and, hospitality, and in mean houses. +We may thence infer, that the arts in general were much less advanced +in England than in France; a greater number of idle servants and +retainers lived about the great families; and as these, even in +France, were powerful enough to disturb the execution of the laws, we +may judge of the authority acquired by the aristocracy in England. +When Earl Godwin besieged the Confessor in London, he summoned from +all parts his huscarles or houseceorles and retainers, and thereby +constrained his sovereign to accept of the conditions which he was +pleased to impose upon him. +[FN [r] Winchester, being the capital of the West Saxon monarchy, was +anciently a considerable city. Gul. Pict. p. 210. [s] Norwich +contained 738 houses, Exeter 315, Ipswich 538, Northampton 60, +Hereford 146, Canterbury 262, Bath 64, Southampton 84, Warwick 225. +See Brady of Boroughs, p. 3, 4, 5, 6, &c. These are the most +considerable he mentions. The account of them is extracted from +Domesday-book. [t] Brady’s Treatise of Boroughs, p. 10. There were +six wards, besides the archbishop’s palace; and five of these wards +contained the number of families here mentioned, which, at the rate of +five persons to a family, makes about 7000 souls. The sixth ward was +laid waste. [u] p. 102. See also, De Gest. Angl. p. 333.] + +The lower rank of freemen were denominated ceorles among the +Anglo-Saxons; and, where they were industrious, they were chiefly +employed in husbandry: whence a ceorle and a husbandman became in a +manner synonymous terms. They cultivated the farms of the nobility or +thanes, for which they paid rent; and they seem to have been +removeable at pleasure. For there is little mention of leases among +the Anglo-Saxons; the pride of the nobility, together with the general +ignorance of writing, must have rendered these contracts very rare, +and must have kept the husbandmen in a dependent condition. The rents +of farms were then chiefly paid in kind [w]. +[FN [w] LL. Inae, Sec. 70. These laws fixed the rents for a hide; but +it is difficult to convert it into modern measures.] + +But the most numerous rank by far in the community seems to have been +the slaves or villains, who were the property of their lords, and were +consequently incapable themselves of possessing any property. Dr. +Brady assures us, from a survey of Domesday-book [x], that in all the +counties of England, the far greater part of the land was occupied by +them, and that the husbandmen, and still more the socmen, who were +tenants that could not be removed at pleasure, were very few in +comparison. This was not the case with the German nations, as far as +we can collect from the account given us by Tacitus. The perpetual +wars in the Heptarchy, and the depredations of the Danes, seem to have +been the cause of this great alteration with the Anglo-Saxons. +Prisoners taken in battle, or carried off in the frequent inroads, +were then reduced to slavery; and became, by right of war [y], +entirely at the disposal of their lords. Great property in the +nobles, especially if joined to an irregular administration of +justice, naturally favours the power of the aristocracy; but still +more so if the practice of slavery be admitted, and has become very +common. The nobility not only possess the influence which always +attends riches, but also the power which the laws give them over their +slaves and villains. It then becomes difficult, and almost +impossible, for a private man to remain altogether free and +independent. +[FN [x] General Preface to his Hist. p. 7, 8, 9 &c. [y] LL. Edg. Sec. +14 apud Spellm. Conc. vol. 1. p. 471.] + +There were two kinds of slaves among the Anglo-Saxons; household +slaves, after the manner of the ancients, and praedial, or rustic, +after the manner of’ the Germans [z]. These latter resembled the +serfs, which are at present to be met with in Poland, Denmark, and +some parts of Germany. The power of a master over his slaves was not +unlimited among the Anglo-Saxons, as it was among their ancestors. If +a man beat out his slave’s eye or teeth, the slave recovered his +liberty [a]: if he killed him, he paid a fine to the king, provided +the slave died within a day after the wound or blow; otherwise it +passed unpunished [b]. The selling of themselves or children to +slavery was always the practice among the German nations [c], and was +continued by the Anglo-Saxons [d]. +[FN [z] Spellm. Gloss. in verb. SERRUS [a] LL. Aelf. Sec. 20. [b] +Ibid 17. [c] Tacit. de Morib. Germ. [d] LL. Inae, Sec. 11 LL. Aelf. +Sec. 12.] + +The great lords and abbots among the Anglo-Saxons possessed a criminal +jurisdiction within their territories, and could punish without +appeal, any thieves or robbers whom they caught there [e]. This +institution must have had a very contrary effect to that which was +intended, and must have procured robbers a sure protection on the +lands of such noblemen as did not sincerely mean to discourage crimes +and violence. +[FN [e] Higden, lib. 1. cap. 50. LL. Edw. Conf. Sec. 26. Spellm. +Conc. vol. i. p. 415. Gloss. in verb. HALIGEMOT ET INFANGENTHEFE.] + +[MN Courts of justice.] +But though the general strain of the Anglo-Saxon government seems to +have become aristocratical, there were still considerable remains of +the ancient democracy, which were not indeed sufficient to protect the +lowest of the people, without the patronage of some great lord, but +might give security, and even some degree of dignity, to the gentry, +or inferior nobility. The administration of justice, in particular, +by the courts of the decennary, the hundred, and the county, was well +calculated to defend general liberty, and to restrain the power of the +nobles. In the county courts, or shiremotes, all the freeholders were +assembled twice a year, and received appeals from the inferior courts. +They there decided all causes, ecclesiastical as well as civil; and +the bishop, together with the alderman or earl, presided over them +[f]. The affair was determined in a summary manner, without much +pleading, formality, or delay, by a majority of voices; and the bishop +and alderman had no farther authority than to keep order among the +freeholders, and interpose with their opinion [g]. Where justice was +denied during three sessions by the hundred, and then by the county +court, there lay an appeal to the king’s court [h]; but this was not +practised on slight occasions. The alderman received a third of the +fines levied in those courts [i]; and as most of the punishments were +then pecuniary, this perquisite formed a considerable part of the +profits belonging to his office. The two-thirds also which went to +the king, made no contemptible part of the public revenue. Any +freeholder was fined who absented himself thrice from these courts +[k]. +[FN [f] LL. Edg. Sec. 5. Wilkins, p. 78. LL. Canut. Sec. 17. +Wilkins, p. 136. [g] Hickes, Dissert. Epist. p. 2, 3, 4, 5, 6, 7, 8. +[h] LL. Edg Sec. 2. Wilkins, p. 77. LL. Canut. Sec. 18. apud +Wilkins, p. 136. [i] LL. Edw. Conf. Sec. 31. [k] LL. Ethelst. Sec. +20.] + +As the extreme ignorance of the age made deeds and writings very rare, +the county or hundred court was the place where the most remarkable +civil transactions were finished, in order to preserve the memory of +them, and prevent all future disputes. Here testaments were +promulgated, slaves manumitted, bargains of sale concluded; and +sometimes, for greater security, the most considerable of these deeds +were inserted in the blank leaves of the parish bible, which thus +became a kind of register too sacred to be falsified. It was not +unusual to add to the deed an imprecation on all such as should be +guilty of that crime [l]. +[FN [1] Hickes, Dissert. Epist.] + +Among a people, who lived in so simple a manner as the Anglo-Saxons, +the judicial power is always of greater importance than the +legislative. There were few or no taxes imposed by the states; there +were few statutes enacted; and the nation was less governed by laws +than by customs, which admitted a great latitude of interpretation. +Though it should therefore be allowed that the Wittenagemot was +altogether composed of the principal nobility, the county courts, +where all the freeholders were admitted, and which regulated all the +daily occurrences of life, formed a wide basis for the government, and +were no contemptible checks on the aristocracy. But there is another +power still more important than either the judicial or legislative; to +wit, the power of injuring or serving by immediate force and violence, +for which it is difficult to obtain redress in courts of justice. In +all extensive governments, where the execution of the laws is feeble, +this power naturally falls into the hands of the principal nobility; +and the degree of it which prevails cannot be determined so much by +the public statutes, as by small incidents in history, by particular +customs, and sometimes by the reason and nature of things. The +Highlands of Scotland have long been entitled by law to every +privilege of British subjects; but it was not till very lately that +the common people could in fact enjoy these privileges. + +The powers of all the members of the Anglo-Saxon government are +disputed among historians and antiquaries; the extreme obscurity of +the subject, even though faction had never entered into the question, +would naturally have begotten those controversies. But the great +influence of the lords over their slaves and tenants, the clientship +of the burghers, the total want of a middling rank of men, the extent +of the monarchy, the loose execution of the laws, the continued +disorders and convulsions of the state; all these circumstances evince +that the Anglo-Saxon government became at last extremely +aristocratical; and the events, during the period immediately +preceding the conquest, confirm this inference or conjecture. + +[MN Criminal law.] +Both the punishments inflicted by the Anglo-Saxon courts of +judicature, and the methods of proof employed in all causes, appear +somewhat singular, and are very different from those which prevail at +present among all civilized nations. + +We must conceive that the ancient Germans were little removed from the +original state of nature: the social confederacy among them was more +martial than civil: they had chiefly in view the means of attack or +defence against public enemies, not those of protection against their +fellow-citizens: their possessions were so slender and so equal, that +they were not exposed to great danger; and the natural bravery of the +people made every man trust to himself, and to his particular friends, +for his defence or vengeance. This defect in the political union drew +much closer the knot of particular confederacies; an insult upon any +man was regarded by all his relations and associates as a common +injury; they were bound by honour, as well as by a sense of common +interest, to revenge his death, or any violence which he had suffered: +they retaliated on the aggressor by like acts of violence; and if he +were protected, as was natural and usual, by his own clan, the quarrel +was spread still wider, and bred endless disorders in the nation. + +The Frisians, a tribe of the Germans, had never advanced beyond this +wild and imperfect state of society; and the right of private revenge +still remained among them unlimited and uncontrolled [m]. But the +other German nations, in the age of Tacitus, had made one step farther +towards completing the political or civil union. Though it still +continued to be an indispensable point of honour for every clan to +revenge the death or injury of a member, the magistrate had acquired a +right of interposing in the quarrel, and of accommodating the +difference. He obliged the person maimed or injured, and the +relations of one killed, to accept of a present from the aggressor and +his relations [n], as a compensation for the injury [o], and to drop +all farther prosecution of revenge. That the accommodation of one +quarrel might not be the source of more, this present was fixed and +certain, according to the rank of the person killed, or injured, and +was commonly paid in cattle, the chief property of those rude and +uncultivated nations. A present of this kind gratified the revenge of +the injured family, by the loss which the aggressor suffered; it +satisfied their pride, by the submission which it expressed; it +diminished their regret for the loss or injury of a kinsman, by their +acquisition of new property; and thus general peace was for a moment +restored to the society [p]. +[FN [m] LL. Fris. tit. 2. apud. Lindenbrog. p. 491. [n] LL. Aethelb. +Sec. 23. LL. Aelf. Sec. 27. [o] Called by the Saxons MOEGBOTA. [p] +Tacit. de Morib. Germ. The author says, that the price of the +composition was fixed; which must have been by the laws and the +interposition of the magistrates.] + +But when the German nations had been settled some time in the +provinces of the Roman empire, they made still another step towards a +more cultivated life, and their criminal justice gradually improved +and refined itself. The magistrate, whose office it was to guard +public peace, and to suppress private animosities, conceived himself +to be injured by every injury done to any of his people; and besides +the compensation to the person who suffered, or to his family, he +thought himself entitled to exact a fine called the Fridwit as an +atonement for the breach of peace, and as a reward for the pains which +he had taken in accommodating the quarrel. When this idea, which is +so natural, was once suggested, it was willingly received both by +sovereign and people. The numerous fines which were levied augmented +the revenue of the king; and the people were sensible that he would be +more vigilant in interposing with his good offices, when he reaped +such immediate advantage from them; and that injuries would be less +frequent, when, besides compensation to the person injured, they were +exposed to this additional penalty [q]. +[FN [q] Besides paying money to the relations of the deceased, and to +the king, the murderer was also obliged to pay the master of a slave +or vassal a sum as a compensation for his loss. This was called the +MANBOTE. See Spell. Gloss. in verb. FREDUM, MANBOT.] + +This short abstract contains the history of the criminal jurisprudence +of the northern nations for several centuries. The state of England +in this particular, during the period of the Anglo-Saxons, may be +judged of by the collection of ancient laws, published by Lambard and +Wilkins. The chief purport of these laws is not to prevent or +entirely suppress private quarrels, which the legislature knew to be +impossible, but only to regulate and moderate them. The laws of +Alfred enjoin, that if any one know that his enemy or aggressor, after +doing him an injury, resolves to keep within his own house, AND HIS +OWN LANDS [r], he shall not fight him till he require compensation for +the injury. If he be strong enough to besiege him in his house, he +may do it for seven days without attacking him; and if the aggressor +be willing, during that time, to surrender himself and his arms, his +adversary may detain him thirty days; but is afterwards obliged to +restore him safe to his kindred, AND BE CONTENT WITH THE COMPENSATION. +If the criminal fly to the temple, that sanctuary must not be +violated. Where the assailant has not force sufficient to besiege the +criminal in his house, he must apply to the alderman for assistance; +and if the alderman refuse aid, the assailant must have recourse to +the king; and he is not allowed to assault the house till after this +supreme magistrate has refused assistance. If any one meet with his +enemy, and be ignorant that he was resolved to keep within his own +lands, he must, before he attack him, require him to surrender himself +prisoner, and deliver up his arms; in which case he may detain him +thirty days: but if he refuse to deliver up his arms, it is then +lawful to fight him. A slave may fight in his master's quarrel: a +father may fight in his son's with any one, except with his master +[s]. +[FN [r] The addition of these last words in Italics appears necessary +from what follows in the same law. [s] LL. Aelfr. Sec. 28 Wilkins, +p. 43.] + +It was enacted by King Ina, that no man should take revenge for an +injury till he had first demanded compensation, and had been refused +it [t]. +[FN [t] LL. Inae, Sec. 9.] + +King Edmond, in the preamble to his laws, mentions the general misery +occasioned by the multiplicity of private feuds and battles; and he +establishes several expedients for remedying this grievance. He +ordained that if any one commit murder, be may, with the assistance of +his kindred, pay within a twelvemonth the fine of his crime; and if +they abandon him, he shall alone sustain the deadly feud or quarrel +with the kindred of the murdered person: his own kindred are free from +the feud, but on condition that they neither converse with the +criminal, nor supply him with meat or OTHER NECESSARIES: if any of +them, after renouncing him, receive him into their house, OR GIVE HIM +ASSISTANCE, they are finable to the king, and are involved in the +feud. If the kindred of the murdered person take revenge on any but +the criminal himself, AFTER HE IS ABANDONED BY HIS KINDRED, all their +property is forfeited, and they are declared to be enemies to the king +and all his friends [u]. It is also ordained, that the fine for +murder shall never be remitted by the king [w]; and that no criminal +shall be killed who flies to the church, or any of the king’s towns +[x]; and the king himself declares, that his house shall give no +protection to murderers, till they have satisfied the church by their +penance, and the kindred of the deceased, by making compensation [y]. +The method appointed for transacting this composition is found in the +same law [z]. +[FN [u] LL. Edm. Sec. 1. Wilkins, p. 73. [w] LL. Edm. Sec. 3. [x] +Ibid. Sec. 2. [y] Ibid. Sec. 4. [z] Ibid Sec. 7.] + +These attempts of Edmond, to contract and diminish the feuds, were +contrary to the ancient spirit of the northern barbarians, and were a +step towards a more regular administration of justice. By the Salic +law, any man might, by a public declaration, exempt himself from his +family quarrels: but then he was considered by the law as no longer +belonging to the family; and he was deprived of all right of +succession, as the punishment of his cowardice [a]. +[FN [a] Tit. 63.] + +The price of the king's head, or his weregild, as it was then called, +was by law thirty thousand thrimsas, near thirteen hundred pounds of +present money. The price of the prince's head was fifteen thousand +thrimsas; that of a bishop's or alderman's, eight thousand; a +sheriff’s four thousand; a thane's or clergyman's, two thousand; a +ceorle's, two hundred and sixty-six. These prices were fixed by the +laws of the Angles. By the Mercian law, the price of a ceorle's head +was two hundred shillings; that of a thane's six times as much; that +of a king's six times more [b]. By the laws of Kent, the price of the +archbishop's head was higher than that of the king’s [c]. Such +respect was then paid to the ecclesiastics! It must be understood, +that where a person was unable or unwilling to pay the fine, he was +put out of the protection of law, and the kindred of the deceased had +liberty to punish him as they thought proper. +[FN [b] Wilkins, p. 71, 72. [c] LL. Elthredi, apud Wilkins, p. 110.] + +Some antiquarians [d] have thought, that these compensations were only +given for manslaughter, not for wilful murder: but no such distinction +appears in the laws; and it is contradicted by the practice of all the +other barbarous nations [e], by that of the ancient Germans [f], and +by that curious monument above mentioned, a Saxon antiquity, preserved +by Hickes. There is indeed a law of Alfred's, which makes wilful +murder capital [g]; but this seems only to have been an attempt of +that great legislator towards establishing a better police in the +kingdom, and it probably remained without execution. By the laws of +the same prince, a conspiracy against the life of the king might be +redeemed by a fine [h]. +[FN [d] Tyrrel, Introduction, vol. i. p.126. Carte, vol. i. p. 366. +[e] Lindenbrogius, passim. [f] Tac. de Mor. Germ. [g] LL. Aelf. Sec. +12. Wilkins, p. 29. It is probable that by wilful murder Alfred +means a treacherous murder, committed by one who had no declared feud +with another. [h] LL. Aelf. Sec. 4 Wilkins, p. 35.] + +The price of all kinds of wounds was likewise fixed by the Saxon laws: +a wound of an inch long under the hair, was paid with one shilling; +one of a like size in the face, two shillings: thirty shillings for +the loss of an ear, and so forth [i]. There seems not to have been +any difference made, according to the dignity of the person. By the +laws of Ethelbert, any one who committed adultery with his neighbour's +wife, was obliged to pay him a fine, and buy him another wife [k]. +[FN [i] LL. Elf. Sec. 40. See also, LL. Ethelb. Sec. 34, &c. [k] LL. +Ethelb. Sec. 32.] + +These institutions are not peculiar to the ancient Germans. They seem +to be the necessary progress of criminal jurisprudence among every +free people, where the will of the sovereign is not implicitly obeyed. +We find them among the ancient Greeks during the time of the Trojan +war. Compositions for murder are mentioned in Nestor's speech to +Achilles in the ninth Iliad and are called APOINAI. The Irish, who +never had any connexions with the German nations, adopted the same +practice till very lately; and the price of a man's head was called +among them his ERIC; as we learn from Sir John Davis. The same custom +seems also to have prevailed among the Jews [l]. +[FN [l] Exod. cap. xxi. 29, 30.] + +Theft and robbery were frequent among the Anglo-Saxons. In order to +impose some check upon these crimes, it was ordained, that no man +should sell or buy any thing above twenty-pence value, except in open +market [m]; and every bargain of sale must be executed before +witnesses [n]. Gangs of robbers much disturbed the peace of the +country; and the law determined, that a tribe of banditti, consisting +of between seven and thirty-five persons, was to be called a TURMA, or +troop: any greater company was denominated an army [o]. The +punishments for this crime were various, but none of them capital [p]. +If any man could track his stolen cattle into another's ground, the +latter was obliged to show the tracks out of it, or pay their value +[q]. +[FN [m] LL. Aethelst. Sec. 12. [n] Ibid. Sec. 10, 12. LL. Edg. apud +Wilkins, p. 80. LL. Ethelredi, Sec. 4 apud Wilkins, p. 103. Hloth. +and Eadm. Sec. 16. LL. Canut. Sec. 22. [o] LL. Inae, Sec. 12. [p] +LL. Inae, Sec. 37. [q] LL. Aethelst. Sec. 2. Wilkins, p. 63.] + +Rebellion, to whatever excess it was carried, was not capital, but +might be redeemed by a sum of money [r]. The legislators, knowing it +impossible to prevent all disorders, only imposed a higher fine on +breaches of the peace committed in the king's court, or before an +alderman or bishop. An alehouse too seems to have been considered as +a privileged place; and any quarrels that arose there were more +severely punished than elsewhere [s]. +[FN [r] LL. Ethelredi, apud Wilkins, p. 110. LL. Aelf. Sec. 4. +Wilkins, p. 35. [s] LL. Hloth. and Eadm. Sec. 12, 13. LL. Ethelr. +apud Wilkins, p. 117.] + +[MN Rules of proof.] +If the manner of punishing crimes among the Anglo-Saxons appear +singular, the proofs were not less so; and were also the natural +result of the situation of the people. Whatever we may imagine +concerning the usual truth and sincerity of men who live in a rude and +barbarous state, there is much more falsehood, and even perjury among +them, than among civilized nations; virtue which is nothing but a more +enlarged and more cultivated reason, never flourishes to any degree, +nor is founded on steady principles of honour, except where a good +education becomes general; and where men are taught the pernicious +consequences of vice, treachery, and immorality. Even superstition, +though more prevalent among ignorant nations, is but a poor supply for +the defects in knowledge and education: our European ancestors, who +employed every moment the expedient of swearing on extraordinary +crosses and relics, were less honourable in all engagements than their +posterity, who, from experience, have omitted those ineffectual +securities. This general proneness to perjury was much increased by +the usual want of discernment in judges, who could not discuss an +intricate evidence, and were obliged to number, not weigh, the +testimony of the witnesses [t]. Hence the ridiculous practice of +obliging men to bring compurgators, who, as they did not pretend to +know any thing of the fact, expressed upon oath, that they believed +the person spoke true; and these compurgators were in some cases +multiplied to the number of three hundred [u]. The practice also of +single combat was employed by most nations on the continent as a +remedy against false evidence [w]; and though it was frequently +dropped, from the opposition of the clergy, it was continually revived +from experience of the falsehood attending the testimony of witnesses +[x]. It became at last a species of jurisprudence: the cases were +determined by law, in which the party might challenge his adversary, +or the witnesses, or the judge himself [y]: and though these customs +were absurd, they were rather an improvement on the methods of trial +which had formerly been practised among those barbarous nations, and +which still prevailed among the Anglo-Saxons. +[FN [t] Sometimes the laws fixed easy general rules for weighing the +credibility of witnesses. A man whose life was estimated at 120 +shillings, counterbalanced six ceorles, each of whose lives was only +valued at 20 shillings, and his oath was deemed equivalent to that of +all the six. See Wilkins, p. 72. [u] Praef. Nicol. ad Wilkins, p 11. +[w] LL. Burgund. cap. 45. LL. Lomb. lib. 2. tit. 55, cap. 34. [x] +LL. Longob. lib. 2. tit. 55. cap. 23. apud Landenb. p. 661. [y] See +Desfontaines and Beaumanoir.] + +When any controversy about a fact became too intricate for those +ignorant judges to unravel, they had recourse to what they called the +judgment of God; that is, to fortune: their methods of consulting this +oracle were various. One of them was the decision of the CROSS: it +was practised in this manner: when a person was accused of any crime, +he first cleared himself by oath, and he was attended by eleven +compurgators. He next took two pieces of wood, one of which was +marked with the sign of the cross, and wrapping both up in wool, he +placed them on the altar, or on some celebrated relic. After solemn +prayers for the success of the experiment, a priest, or, in his stead, +some unexperienced youth, took up one of the pieces of wood, and if he +happened upon that which was marked with the figure of the cross, the +person was pronounced innocent; if otherwise, guilty [z]. This +practice, as it arose from superstition, was abolished by it in +France. The emperor, Lewis the Debonnaire, prohibited that method of +trial, not because it was uncertain, but lest that sacred figure, says +he, of the cross should be prostituted in common disputes and +controversies [a]. +[FN [z] LL. Frison. tit. 14. apud Lindenbrogium, p. 496. [a] Du +Cange, in verb. CRUX.] + +The ordeal was another established method of trial among the Anglo- +Saxons. It was practised either by boiling water or red-hot iron. +The former was appropriated to the common people; the latter to the +nobility. The water or iron was consecrated by many prayers, masses, +fastings, and exorcisms [b]; after which the person accused either +took up a stone sunk in the water [c] to a certain depth, or carried +the iron to a certain distance; and his hand being wrapped up, and the +covering sealed for three days, if there appeared, on examining it, no +marks of burning, he was pronounced innocent; if otherwise, guilty +[d]. The trial by cold water was different: the person was thrown +into consecrated water; if he swam, he was guilty; if he sunk, +innocent [e]. It is difficult for us to conceive how any innocent +person could ever escape by the one trial, or any criminal be +convicted by the other. But there was another usage admirably +calculated for allowing every criminal to escape who had confidence +enough to try it. A consecrated cake, called a corsned, was produced; +which if the person could swallow and digest he was pronounced +innocent [f]. +[FN [b] Spellm. in verb. ORDEAL. Parker, p. 155. Lindenbrog. p 1299. +[c] LL. Inae, Sec. 77. [d] Sometimes the person accused walked +barefoot over red-hot iron. [e] Spellm. in verb. ORDEALIUM. [f] +Spellm. in verb. CORSNED Parker, p. 156. Text. Roffens. p. 33.] + +[MN Military force.] +The feudal law, if it had place at all among the Anglo-Saxons, which +is doubtful, was not certainly extended over all the landed property, +and was not attended with those consequences of homage, reliefs [g], +wardship, marriage, and other burdens, which were inseparable from it +in the kingdoms of the continent. As the Saxons expelled, or almost +entirely destroyed, the ancient Britons, they planted themselves in +this island on the same footing with their ancestors in Germany, and +found no occasion for the feudal institutions [h], which were +calculated to maintain a kind of standing army, always in readiness to +suppress any insurrection among the conquered people. The trouble and +expense of defending the state in England lay equally upon all the +land; and it was usual for every five hides to equip a man for the +service. The TRINODA NECESSITAS, as it was called, or the burden of +military expeditions, of repairing highways, and of building and +supporting bridges, was inseparable from landed property, even though +it belonged to the church or monasteries, unless exempted by a +particular charter [i]. The ceorles or husbandmen were provided with +arms, and were obliged to take their turn in military duty [k]. There +were computed to be two hundred and forty-three thousand six hundred +hides in England [l]; consequently, the ordinary military force of the +kingdom consisted of forty-eight thousand seven hundred and twenty +men; though, no doubt, on extraordinary occasions, a greater number +might be assembled. The king and nobility had some military tenants, +who were called Sithcun-men [m]. And there were some lands annexed to +the office of alderman, and to other offices; but these probably were +not of great extent, and were possessed only during pleasure, as in +the commencement of the feudal law in other countries of Europe. +[FN [g] On the death of an alderman, a greater or lesser thane, there +was a payment made to the king of his best arms; and this was called +his heriot: but this was not of the nature of a relief. See Spellm. +of Tenures, p. 2. The value of this heriot fixed by Canute's laws, +Sec. 69. [h] Bracton de Acqu. rer. domin. lib. 2. cap. 16. See more +fully Spellman of Feuds and Tenures, and Craigius de jure feud. lib. +1. dieg. 7. [i] Spellm. Conc. vol. i. p. 256. [k] Inae, Sec. 51. +[l] Spellm. of Feuds and Tenures, p. 17. [m] Spellm. Conc. vol. i. p. +195.] + +[MN Public revenue.] +The revenue of the king seems to have consisted chiefly in his +demesnes, which were large; and in the tolls and imposts which he +probably levied at discretion on the boroughs and seaports that lay +within his demesnes. He could not alienate any part of the crown +lands, even to religious uses, without the consent of the states [n]. +Danegelt was a land-tax of a shilling a hide, imposed by the states +[o], either for payment of the sums exacted by the Danes, or for +putting the kingdom in a posture of defence against those invaders +[p]. +[FN [n] Spellm. Conc. vol. i. p. 340. [o] Chron. Sax p. 128. [p] LL. +Edw. Con. Sec. 12.] + +[MN Value of money.] +The Saxon pound, as likewise that which was coined for some centuries +after the Conquest, was near three times the weight of our present +money: there were forty-eight shillings in the pound, and five pence +in a shilling [q]; consequently, a Saxon shilling was near a fifth +heavier than ours, and a Saxon penny near three times as heavy [r]. +As to the value of money in those times, compared to commodities, +there are some, though not very certain, means of computation. A +sheep, by the laws of Athelstan, was estimated at a shilling; that is, +fifteen pence of our money. The fleece was two fifths of the value of +the whole sheep [s]; much above its present estimation; and the reason +probably was, that the Saxons, like the ancients, were little +acquainted with any clothing but what was made of wool. Silk and +cotton were quite unknown: linen was not much used. An ox was +computed at six times the value of a sheep; a cow at four [t]. If we +suppose that the cattle in that age, from the defects in husbandry, +were not so large as they are at present in England, we may compute +that money was then near ten times of greater value. A horse was +valued at about thirty-six shillings of our money, or thirty Saxon +shillings [u]; a mare a third less A man at three pounds [w]. The +board wages of a child the first year was eight shillings, together +with a cow's pasture in summer, and an ox's in winter [x]. William of +Malmesbury mentions it as a remarkably high price, that William Rufus +gave fifteen marks for a horse, or about thirty pounds of our present +money [y]. Between the years 900 and 1000, Ednoth bought a hide of +land for about a hundred and eighteen shillings of our present money +[z]. This was little more than a shilling an acre, which indeed +appears to have been the usual price, as we may learn from other +accounts [a]. A palfrey was sold for twelve shillings about the year +966 [b]. The value of an ox in King Ethelred's time was between seven +and eight shillings; a cow about six shillings [c]. Gervas of Tilbury +says, that in Henry I.'s time, bread which would suffice a hundred men +for a day was rated at three shillings, or a shilling of that age; for +it is thought that, soon after the Conquest, a pound sterling was +divided into twenty shillings: a sheep was rated at a shilling; and so +of other things in proportion. In Athelstan's time a ram was valued +at a shilling, or four pence Saxon [d]. The tenants of Shireburn were +obliged, at their choice, to pay either sixpence or four hens [e]. +About 1232, the Abbot of St. Alban's going on a journey, hired seven +handsome stout horses; and agreed, if any of them died on the road, to +pay the owner thirty shillings a-piece of our present money [f]. It +is to be remarked, that in all ancient times the raising of corn, +especially wheat, being a species of manufactory, that commodity +always bore a higher price, compared to cattle, than it does in our +times [g]. The Saxon Chronicle tells us [h], that in the reign of +Edward the Confessor, there was the most terrible famine ever known; +insomuch that a quarter of wheat rose to sixty pennies, or fifteen +shillings of our present money. Consequently it was as dear as if it +now cost seven pounds ten shillings. This much exceeds the great +famine in the end of Queen Elizabeth, when a quarter of wheat was sold +for four pounds. Money in this last period was nearly of the same +value as in our time. These severe famines are a certain proof of bad +husbandry. +[FN [q] LL. Aelf. Sec. 40. [r] Fleetwood’s Chron. Pretiosum, p. 27, +28, &c. [s] LL. Inae, Sec. 69. [t] Wilkins, p 66. [u] Ibid. p. 126. +[w] Ibid. [x] LL. Inae, Sec. 38. [y] p. 121. [z] Hist. Rames, p. +415. [a] Hist. Eliens. p. 473. [b] Ibid. p. 471. [c] Wilkins, p. +126. [d] Ibid. p. 56. [e] Monast. Anglic. vol. ii. p. 528. [f] Mat. +Paris. [g] Fleetwood, p. 83, 94, 96, 98. [h] p. 157.] + +On the whole, there are three things to be considered, wherever a sum +of money is mentioned in ancient times. First, the change of +denomination, by which a pound has been reduced to the third part of +its ancient weight in silver. Secondly, the change in value by the +greater plenty of money, which has reduced the same weight of silver +to ten times less value compared to commodities; and consequently a +pound sterling to the thirtieth part of the ancient value. Thirdly, +the fewer people and less industry, which were then to be found in +every European kingdom. This circumstance made even the thirtieth +part of the sum more difficult to levy, and caused any sum to have +more than thirty times greater weight and influence, both abroad and +at home, than in our times; in the same manner that a sum, a hundred +thousand pounds, for instance, is at present more difficult to levy in +a small state, such as Bavaria, and can produce greater effects on +such a small community, than on England. This last difference is not +easy to be calculated: but allowing that England has now six times +more industry, and three times more people than it had at the +Conquest, and for some reigns after that period, we are upon that +supposition to conceive, taking all circumstances together, every sum +of money mentioned by historians, as if it were multiplied more than a +hundredfold above a sum of the same denomination at present. + +In the Saxon times, land was divided equally among all the male +children of the deceased, according to the custom of Gavelkind. The +practice of entails is to be found in those times [i]. Land was +chiefly of two kinds, bockland, or land held by book or charter, which +was regarded as full property, and descended to the heirs of the +possessor; and folkland, or the land held by the ceorles and common +people, who were removable at pleasure, and were indeed only tenants +during the will of their lords. +[FN [i] LL Aelf. Sec. 37, apud Wilkins, p. 43.] + +The first attempt which we find in England to separate the +ecclesiastical from the civil jurisdiction, was that law of Edgar, by +which all disputes among the clergy were ordered to be carried before +the bishop [k]. The penances were then very severe; but as a man +could buy them off with money, or might substitute others to perform +them, they lay easy upon the rich [l]. +[FN [k] Wilkins, p. 83. [l] Wilkins, p. 96, 97. Spellm. Conc. p. +473.] + +[MN Manners.] +With regard to the manners of the Anglo-Saxons we can say little, but +that they were in general a rude uncultivated people, ignorant of +letters, unskilled in the mechanical arts, untamed to submission under +law and government, addicted to intemperance, riot, and disorder. +Their best quality was their military courage, which yet was not +supported by discipline or conduct. Their want of fidelity to the +prince, or to any trust reposed in them, appears strongly in the +history of their later period; and their want of humanity in all their +history. Even the Norman historians, notwithstanding the low state of +the arts in their own country, speak of them as barbarians, when they +mention the invasion made upon them by the Duke of Normandy [m]. The +Conquest put the people in a situation of receiving slowly, from +abroad, the rudiments of science and cultivation, and of correcting +their rough and licentious manners. +[FN [m] Gul. Pict. p. 202.] + + + + +CHAPTER IV. + +CONSEQUENCES OF THE BATTLE OF HASTINGS.--SUBMISSION OF THE ENGLISH.-- +SETTLEMENT OF THE GOVERNMENT.--KING'S RETURN TO NORMANDY.--DISCONTENTS +OF THE ENGLISH.--THEIR INSURRECTIONS.--RIGOURS OF THE NORMAN +GOVERNMENT.--NEW INSURRECTIONS.--NEW RIGOURS OF THE GOVERNMENT.-- +INTRODUCTION OF THE FEUDAL LAW.--INNOVATION IN ECCLESIASTICAL +GOVERNMENT.--INSURRECTION OF THE NORMAN BARONS.--DISPUTE ABOUT +INVESTITURES.--REVOLT OF PRINCE ROBERT.--DOMESDAY-BOOK.--THE NEW +FOREST.--WAR WITH FRANCE.--DEATH AND CHARACTER OF WILLIAM THE +CONQUEROR. + + + +[MN 1066. Consequences of the battle of Hastings.] +Nothing could exceed the consternation which seized the English, when +they received intelligence of the unfortunate battle of Hastings, the +death of their king, the slaughter of their principal nobility and of +their bravest warriors, and the rout and dispersion of the remainder. +But though the loss which they had sustained in that fatal action was +considerable, it might have been repaired by a great nation; where the +people were generally armed, and where there resided so many powerful +noblemen in every province, who could have assembled their retainers, +and have obliged the Duke of Normandy to divide his army, and probably +to waste it in a variety of actions and rencounters. It was thus that +the kingdom had formerly resisted, for many years, its invaders, and +had been gradually subdued, by the continued efforts of the Romans, +Saxons, and Danes; and equal difficulties might have been apprehended +by William in this bold and hazardous enterprise. But there were +several vices in the Anglo-Saxon constitution, which rendered it +difficult for the English to defend their liberties in so critical an +emergency. The people had in a great measure lost all national pride +and spirit, by their recent and long subjection to the Danes; and as +Canute had, in the course of his administration, much abated the +rigours of conquest, and had governed them equitably by their own +laws, they regarded with the less terror the ignominy of a foreign +yoke, and deemed the inconveniences of submission less formidable than +those of bloodshed, war, and resistance. Their attachment also to the +ancient royal family had been much weakened by their habits of +submission to the Danish princes, and by their late election of +Harold, or their acquiescence in his usurpation. And as they had long +been accustomed to regard Edgar Atheling, the only heir of the Saxon +line, as unfit to govern them even in times of order and tranquillity, +they could entertain small hopes of his being able to repair such +great losses as they had sustained, or to withstand the victorious +arms of the Duke of Normandy. + +That they might not, however, be altogether wanting to themselves in +this extreme necessity, the English took some steps towards adjusting +their disjointed government, and uniting themselves against the common +enemy. The two potent earls, Edwin and Morcar, who had fled to London +with the remains of the broken army, took the lead on this occasion: +in concert with Stigand, Archbishop of Canterbury, a man possessed of +great authority and of ample revenues, they proclaimed Edgar, and +endeavoured to put the people in a posture of defence, and encouraged +them to resist the Normans [a]. But the terror of the late defeat, +and the near neighbourhood of the invaders, increased the confusion +inseparable from great revolutions: and every resolution proposed was +hasty, fluctuating, tumultuary; disconcerted by fear or faction, +ill-planned, and worse executed. +[FN [a] Gul. Pictav. p. 205. Order. Vitalis, p. 502. Hoveden, p. +449. Knyghton, p. 2343.] + +William, that his enemies might have no leisure to recover from their +consternation, or unite their councils, immediately put himself in +motion after his victory, and resolved to prosecute an enterprise +which nothing but celerity and vigour could render finally successful. +His first attempt was against Romney, whose inhabitants he severely +punished, on account of their cruel treatment of some Norman seamen +and soldiers, who had been carried thither by stress of weather, or by +a mistake in their course [b]; and foreseeing that his conquest of +England might still be attended with many difficulties and with much +opposition, he deemed it necessary, before he should advance farther +into the country, to make himself master of Dover, which would both +secure him a retreat in case of adverse fortune, and afford him a safe +landing-place for such supplies as might be requisite for pushing his +advantages. The terror diffused by his victory at Hastings was so +great, that the garrison of Dover, though numerous and well provided, +immediately capitulated; and as the Normans, rushing in to take +possession of the town, hastily set fire to some of the houses, +William, desirous to conciliate the minds of the English by an +appearance of lenity and justice, made compensation to the inhabitants +for their losses [c]. +[FN [b] Gul. Pictav. p. 204. [c] Gul. Pictav. p. 204.] + +The Norman army, being much distressed with a dysentery, was obliged +to remain here eight days, but the duke, on their recovery, advanced +with quick marches towards London, and by his approach increased the +confusions which were already so prevalent in the English councils. +The ecclesiastics in particular, whose influence was great over the +people, began to declare in his favour; and as most of the bishops and +dignified clergymen were even then Frenchmen or Normans, the pope’s +bull, by which his enterprise was avowed and hallowed, was now openly +insisted on as a reason for general submission. The superior learning +of those prelates, which, during the Confessor's reign, had raised +them above the ignorant Saxons, made their opinions be received with +implicit faith; and a young prince, like Edgar, whose capacity was +deemed so mean, was but ill qualified to resist the impression which +they made on the minds of the people. A repulse which a body of +Londoners received from five hundred Norman horse, renewed in the city +the terror of the great defeat at Hastings; the easy submission of all +the inhabitants of Kent was an additional discouragement to them; the +burning of Southwark before their eyes made them dread a like fate to +their own city; and no man any longer entertained thoughts but of +immediate safety and of self-preservation. Even the Earls Edwin and +Morcar, in despair of making effectual resistance, retired with their +troops to their own provinces; and the people thenceforth disposed +themselves unanimously to yield to the victor. As soon as he passed +the Thames at Wallingford, and reached Berkhamstead, Stigand, the +primate, made submissions to him: before he came within sight of the +city, all the chief nobility, and Edgar Atheling himself, the new- +elected king, came into his camp, and declared their intention of +yielding to his authority [d]. They requested him to mount their +throne, which they now considered as vacant; and declared to him, that +as they had always been ruled by regal power, they desired to follow, +in this particular, the example of their ancestors, and knew of no one +more worthy than himself to hold the reins of government [e]. +[FN [d] Hoveden, p. 450. Flor. Wigorn. p. 634. [e] Gul. Pict. p. +205. Ord. Vital. p. 503.] + +Though this was the great object to which the duke's enterprise +tended, he feigned to deliberate on the offer; and being desirous at +first of preserving the appearance of a legal administration, he +wished to obtain a more explicit and formal consent of the English +nation [f]: but Almar, of Aquitain, a man equally respected for valour +in the field and for prudence in council, remonstrating with him on +the danger of delay in so critical a conjuncture, he laid aside all +farther scruples, and accepted of the crown which was tendered him. +Orders were immediately issued to prepare every thing for the ceremony +of his coronation; but as he was yet afraid to place entire confidence +in the Londoners, who were numerous and warlike, he meanwhile +commanded fortresses to be erected, in order to curb the inhabitants, +and to secure his person and government [g]. +[FN [f] Gul. Pictav. p. 205. [g] Ibid.] + +Stigand was not much in the duke’s favour, both because he had +intruded into the see on the expulsion of Robert the Norman, and +because he possessed such influence and authority over the English +[h], as might be dangerous to a new-established monarch. William, +therefore, pretending that the primate had obtained his pall in an +irregular manner from Pope Benedict IX., who was himself an usurper, +refused to be consecrated by him, and conferred this honour on Aldred, +Archbishop of York. Westminster Abbey was the place appointed for +that magnificent ceremony; the most considerable of the nobility, both +English and Norman, attended the duke on this occasion: [MN 1066. +Dec.] Aldred, in a short speech, asked the former whether they agreed +to accept of William as their king: the Bishop of Coutance put the +same question to the latter; and both being answered with acclamations +[i], Aldred administered to the duke the usual coronation oath, by +which he bound himself to protect the church, to administer justice, +and to repress violence: he then anointed him, and put the crown upon +his head [k]. There appeared nothing but joy in the countenances of +the spectators: but in that very moment there burst forth the +strongest symptoms of the jealousy and animosity which prevailed +between the nations, and which continually increased during the reign +of this prince. The Norman soldiers, who were placed without, in +order to guard the church, hearing the shouts within, fancied that the +English were offering violence to their duke; and they immediately +assaulted the populace, and set fire to the neighbouring houses. The +alarm was conveyed to the nobility who surrounded the prince; both +English and Normans, full of apprehensions, rushed out to secure +themselves from the present danger; and it was with difficulty that +William himself was able to appease the tumult [l]. +[FN [h] Eadmer, p. 6. [i] Order. Vital. p. 503. [k] Malmesbury, p. +271, says, that he also promised to govern the Normans and English by +equal laws; and this addition to the usual oath seems not improbable, +considering the circumstances of the times. [l] Gul. Pict. p. 206. +Order. Vitalis, p. 503.] + +[MN 1067. Settlement of the government.] +The king, thus possessed of the throne by a pretended destination of +King Edward, and by an irregular election of the people, but still +more by force of arms, retired from London to Berking, in Essex, and +there received the submissions of all the nobility who had not +attended his coronation. Edric, surnamed the Forester, grand-nephew +to that Edric, so noted for his repeated acts of perfidy during the +reigns of Ethelred and Edmond; Earl Coxo, a man famous for bravery; +even Edwin and Morcar, Earls of Mercia and Northumberland, with the +other principal noblemen of England, came and swore fealty to him; +were received into favour, and were confirmed in the possession of +their estates and dignities [m]. Every thing bore the appearance of +peace and tranquillity; and William had no other occupation than to +give contentment to the foreigners who had assisted him to mount the +throne, and to his new subjects, who had so readily submitted to him. +[FN [m] Gul. Pict. p. 208. Order. Vitalis, p. 506.] + +He had got possession of the treasure of Harold, which was +considerable; and being also supplied with rich presents from the +opulent men in all parts of England, who were solicitous to gain the +favour of their new sovereign, he distributed great sums among his +troops, and by this liberality gave them hopes of obtaining at length +those more durable establishments which they had expected from his +enterprise [n]. The ecclesiastics, both at home and abroad, had much +forwarded his success, and he failed not, in return, to express his +gratitude and devotion in the manner which was most acceptable to +them: he sent Harold's standard to the pope, accompanied with many +valuable presents: all the considerable monasteries and churches in +France, where prayers had been put up for his success, now tasted of +his bounty [o]: the English monks found him well disposed to favour +their order; and be built a new convent near Hastings, which he called +BATTLE ABBEY, and which, on pretence of supporting monks to pray for +his own soul, and for that of Harold, served as a lasting memorial of +his victory [p]. +[FN [n] Gul. Pict. p. 206. [o] Ibid. [p] Gul. Gemet. p. 288. Chron. +Sax. p. 189. M. West. p. 226. M. Paris p. 9. Diceto, p. 482. This +convent was freed by him from all episcopal jurisdiction. Monast. +Ang. tom. i. p. 311, 312.] + +He introduced into England that strict execution of justice for which +his administration had been much celebrated in Normandy; and even +during this violent revolution, every disorder or oppression met with +rigorous punishment [q]. His army, in particular, was governed with +severe discipline; and, notwithstanding the insolence of victory, care +was taken to give as little offence as possible to the jealousy of the +vanquished. The king appeared solicitous to unite, in an amicable +manner, the Normans and the English, by intermarriages and alliances, +and all his new subjects who approached his person were received with +affability and regard. No signs of suspicion appeared, not even +towards Edgar Atheling, the heir of the ancient royal family, whom +William confirmed in the honours of Earl of Oxford, conferred on him +by Harold, and whom he affected to treat with the highest kindness, as +nephew to the Confessor, his great friend and benefactor. Though he +confiscated the estates of Harold, and of those who had fought in the +battle of Hastings on the side of that prince, whom he represented as +an usurper, he seemed willing to admit of every plausible excuse for +past opposition to his pretensions, and he received many into favour +who had carried arms against him. He confirmed the liberties and +immunities of London and the other cities of England, and appeared +desirous of replacing every thing on ancient establishments. In his +whole administration he bore the semblance of the lawful prince, not +of the conqueror; and the English began to flatter themselves that +they had changed, not the form of their government, but the succession +only of their sovereigns, a matter which gave them small concern. The +better to reconcile his new subjects to his authority, William made a +progress through some parts of England; and besides a splendid court +and majestic presence, which overawed the people, already struck with +his military fame, the appearance of his clemency and justice gained +the approbation of the wise, attentive to the first steps of their new +sovereign. +[FN [q] Gul. Pict. p. 208. Order. Vital. p. 506.] + +But amidst this confidence and friendship which he expressed for the +English, the king took care to place all real power in the hands of +his Normans, and still to keep possession of the sword, to which he +was sensible he had owed his advancement to sovereign authority. He +disarmed the city of London and other places, which appeared most +warlike and populous; and building citadels in that capital, as well +as in Winchester, Hereford, and the cities best situated for +commanding the kingdom, he quartered Norman soldiers in all of them, +and left no where any power able to resist or oppose him. He bestowed +the forfeited estates on the most eminent of his captains, and +established funds for the payment of his soldiers. And thus, while +his civil administration carried the face of a legal magistrate, his +military institutions were those of a master and tyrant; at least of +one who reserved to himself; whenever he pleased, the power of +assuming that character. + +[MN 1067. King’s return to Normandy.] +By this mixture, however, of vigour and lenity, he had so soothed the +minds of the English, that he thought he might safely revisit his +native country, and enjoy the triumph and congratulation of his +ancient subjects. He left the administration in the hands of his +uterine brother, Odo, Bishop of Baieux, and of William Fitz-Osberne. +[MN March.] That their authority might be exposed to less danger, he +carried over with him all the most considerable nobility of England, +who, while they served to grace his court by their presence and +magnificent retinues, were in reality hostages for the fidelity of the +nation. Among these were Edgar Atheling, Stigand the Primate, the +Earls Edwin and Morcar, Waltheof, the son of the brave Earl Siward, +with others eminent for the greatness of their fortunes and families, +or for their ecclesiastical and civil dignities. He was visited at +the abbey of Fescamp, where he resided, during some time, by Rodulph, +uncle to the King of France, and by many powerful princes and nobles, +who, having contributed to his enterprise, were desirous of +participating in the joy and advantages of its success. His English +courtiers, willing to ingratiate themselves with their new sovereign, +outvied each other in equipages and entertainments; and made a display +of riches which struck the foreigners with astonishment. William of +Poictiers, a Norman historian [r], who was present, speaks with +admiration of the beauty of their persons, the size and workmanship of +their silver plate, the costliness of their embroideries, an art in +which the English then excelled; and he expresses himself in such +terms as tend much to exalt our idea of the opulence and cultivation +of the people [s]. But though every thing bore the face of joy and +festivity, and William himself treated his new courtiers with great +appearance of kindness, it was impossible altogether to prevent the +insolence of the Normans; and the English nobles derived little +satisfaction from those entertainments, where they considered +themselves as led in triumph by their ostentatious conqueror. +[FN [r] P. 211, 212. [s] As the historian chiefly insists on the +silver plate, his panegyric on the English magnificence shows only how +incompetent a judge he was of the matter. Silver was then of ten +times the value, and was more than twenty times more rare than at +present; and consequently, of all species of luxury, plate must have +been the rarest.] + +[MN 1067. Discontents of the English.] +In England affairs took still a worse turn during the absence of the +sovereign. Discontents and complaints multiplied every where; secret +conspiracies were entered into against the government; hostilities +were already begun in many places; and every thing seemed to menace a +revolution, as rapid as that which had placed William on the throne. +The historian above-mentioned, who is a panegyrist of his master, +throws the blame entirely on the fickle and mutinous disposition of +the English, and highly celebrates the justice and lenity of Odo's and +Fitz-Osberne's administration [t]. But other historians, with more +probability, impute the cause chiefly to the Normans, who, despising a +people that had so easily submitted to the yoke, envying their riches, +and grudging the restraints imposed upon their own rapine, were +desirous of provoking them to a rebellion, by which they expected to +acquire new confiscations and forfeitures, and to gratify those +unbounded hopes which they had formed in entering on this enterprise +[u]. +[FN [t] P. 212. [u] Order. Vital. p. 507.] + +It is evident that the chief reason of this alteration in the +sentiments of the English must be ascribed to the departure of +William, who was alone able to curb the violence of his captains and +to overawe the mutinies of the people. Nothing indeed appears more +strange, than that this prince, in less than three months after the +conquest of a great, warlike, and turbulent nation, should absent +himself in order to revisit his own country, which remained in +profound tranquillity, and was not menaced by any of its neighbours; +and should so long leave his jealous subjects at the mercy of an +insolent and licentious army. Were we not assured of the solidity of +his genius, and the good sense displayed in all other circumstances of +his conduct, we might ascribe this measure to a vain ostentation, +which rendered him impatient to display his pomp and magnificence +among his ancient subjects. It is therefore more natural to believe, +that in so extraordinary a step he was guided by a concealed policy, +and that, though he had thought proper at first to allure the people +to submission by the semblance of a legal administration, he found +that he could neither satisfy his rapacious captains, nor secure his +unstable government without farther exerting the rights of conquest, +and seizing the possessions of the English. In order to have a +pretext for this violence, he endeavoured, without discovering his +intentions, to provoke and allure them into insurrections, which, he +thought, could never prove dangerous, while he detained all the +principal nobility in Normandy, while a great and victorious army was +quartered in England, and while he himself was so near to suppress any +tumult or rebellion. But as no ancient writer has ascribed this +tyrannical purpose to William, it scarcely seems allowable, from +conjecture alone, to throw such an imputation upon him. + +[MN Their insurrections.] +But whether we are to account for that measure from the king's vanity +or from his policy, it was the immediate cause of all the calamities +which the English endured during this and the subsequent reigns, and +gave rise to those mutual jealousies and animosities between them and +the Normans, which were never appeased till a long tract of time had +gradually united the two nations, and made them one people. The +inhabitants of Kent, who had first submitted to the conqueror, were +the first that attempted to throw off the yoke; and in confederacy +with Eustace, Count of Boulogne, who had also been disgusted by the +Normans, they made an attempt, though without success, on the garrison +of Dover [w]. Edric the Forester, whose possessions lay on the banks +of the Severn, being provoked at the depredations of some Norman +captains in his neighbourhood, formed an alliance with Blethyn and +Rowallan, two Welsh princes; and endeavoured, with their assistance, +to repel force by force [x]. But though these open hostilities were +not very considerable, the disaffection was general among the English, +who had become sensible, though too late, of their defenceless +condition, and began already to experience those insults and injuries +which a nation must always expect, that allows itself to be reduced to +that abject situation. A secret conspiracy was entered into to +perpetrate, in one day, a general massacre of the Normans, like that +which had formerly been executed upon the Danes; and the quarrel was +become so general and national, that the vassals of Earl Coxo, having +desired him to head them in an insurrection, and finding him resolute +in maintaining his fidelity to William, put him to death as a traitor +to his country. +[FN [w] Gul. Gemet. p. 289. Order. Vital. p. 508. Anglia Sacra, vol. +i. p. 245. [x] Hoveden, p. 450. M. West. p. 226. Sim. Dunelm. p. +197.] + +[MN Dec. 6.] +The king, informed of these dangerous discontents, hastened over to +England; and by his presence, and the vigorous measures which he +pursued, disconcerted all the schemes of the conspirators. Such of +them as had been more violent in their mutiny, betrayed their guilt by +flying or concealing themselves; and the confiscation of their +estates, while it increased the number of malecontents, both enabled +William to gratify farther the rapacity of his Norman captains, and +gave them the prospect of new forfeitures and attainders. The king +began to regard all his English subjects as inveterate and +irreclaimable enemies; and thenceforth either embraced, or was more +fully confirmed in the resolution of seizing their possessions, and of +reducing them to the most abject slavery. Though the natural violence +and severity of his temper made him incapable of feeling any remorse +in the execution of this tyrannical purpose, he had art enough to +conceal his intention, and to preserve still some appearance of +justice in his oppressions. He ordered all the English, who had been +arbitrarily expelled by the Normans during his absence, to be restored +to their estates [y]: but at the same time he imposed a general tax on +the people, that of Danegelt, which had been abolished by the +Confessor, and which had always been extremely odious to the nation +[z]. +[FN [y] Chron. Sax. p. 173. This fact is a full proof that the +Normans had committed great injustice, and were the real cause of the +insurrections of the English. [z] Hoveden, p. 450. Sim. Dunelm. p +197. Alur. Beverl. p. 127.] + +[MN 1068.] As the vigilance of William overawed the malecontents, +their insurrections were more the result of an impatient humour in the +people, than of any regular conspiracy which could give them a +rational hope of success against the established power of the Normans. +The inhabitants of Exeter, instigated by Githa, mother to King Harold, +refused to admit a Norman garrison, and betaking themselves to arms, +were strengthened by the accession of the neighbouring inhabitants of +Devonshire and Cornwall [a]. The king hastened with his forces to +chastise this revolt; and on his approach, the wiser and more +considerable citizens, sensible of the unequal contest, persuaded the +people to submit, and to deliver hostages for their obedience. A +sudden mutiny of the populace broke this agreement; and William, +appearing before the walls, ordered the eyes of one of the hostages to +be put out, as an earnest of that severity which the rebels must +expect if they persevered in their revolt [b]. The inhabitants were +anew seized with terror, and surrendering at discretion, threw +themselves at the king's feet, and supplicated his clemency and +forgiveness. William was not destitute of generosity, when his temper +was not hardened either by policy or passion: he was prevailed on to +pardon the rebels, and he set guards on all the gates, in order to +prevent the rapacity and insolence of his soldiery [c]. Githa escaped +with her treasures to Flanders. The malecontents of Cornwall imitated +the example of Exeter, and met with like treatment: and the king, +having built a citadel in that city, which he put under the command of +Baldwin, son of Earl Gilbert, returned to Winchester, and dispersed +his army into their quarters. He was here joined by his wife Matilda, +who had not before visited England, and whom he now ordered to be +crowned by Archbishop Aldred. Soon after she brought him an accession +to his family by the birth of a fourth son, whom he named Henry. His +three elder sons, Robert, Richard, and William, still resided in +Normandy. +[FN [a] Order. Vital. p. 510. [b] Ibid. [c] Ibid.] + +But though the king appeared thus fortunate, both in public and +domestic life, the discontents of his English subjects augmented +daily; and the injuries committed and suffered on both sides rendered +the quarrel between them and the Normans absolutely incurable. The +insolence of victorious masters, dispersed throughout the kingdom, +seemed intolerable to the natives; and wherever they found the +Normans, separate or assembled in small bodies, they secretly set upon +them, and gratified their vengeance by the slaughter of their enemies. +But an insurrection in the north drew thither the general attention, +and seemed to threaten more important consequences. Edwin and Morcar +appeared at the head of this rebellion; and these potent noblemen, +before they took arms, stipulated for foreign succours from their +nephew Blethyn, Prince of North Wales, from Malcolm, King of Scotland, +and from Sweyn, King of Denmark. Besides the general discontent which +had seized the English, the two earls were incited to this revolt by +private injuries. William, in order to ensure them to his interests, +had, on his accession, promised his daughter in marriage to Edwin; but +either he had never seriously intended to perform this engagement, or, +having changed his plan of administration in England from clemency to +rigour, he thought it was to little purpose, if he gained one family, +while he enraged the whole nation. When Edwin, therefore, renewed his +applications, be gave him an absolute denial [d]; and this +disappointment, added to so many other reasons of disgust, induced +that nobleman and his brother to concur with their incensed +countrymen, and to make one general effort for the recovery of their +ancient liberties. William knew the importance of celerity in +quelling an insurrection, supported by such powerful leaders, and so +agreeable to the wishes of the people, and having his troops always in +readiness, he advanced by great journeys to the north. On his march +he gave orders to fortify the castle of Warwick, of which he left +Henry de Beaumont governor, and that of Nottingham, which he committed +to the custody of William Peverell, another Norman captain [e]. He +reached York before the rebels were in any condition for resistance, +or were joined by any of the foreign succours which they expected, +except a small reinforcement from Wales [f]; and the two earls found +no means of safety, but having recourse to the clemency of the victor. +Archil, a potent nobleman in those parts, imitated their example and +delivered his son as a hostage for his fidelity [g]; nor were the +people, thus deserted by their leaders, able to make any farther +resistance. But the treatment which William gave the chiefs was very +different from that which fell to the share of their followers. He +observed religiously the terms which he had granted to the former, and +allowed them for the present to keep possession of their estates; but +he extended the rigours of his confiscations over the latter, and gave +away their lands to his foreign adventurers. These, planted +throughout the whole country, and in possession of the military power, +left Edwin and Morcar, whom he pretended to spare, destitute of all +support, and ready to fall, whenever he should think proper to command +their ruin. A peace which he made with Malcolm, who did him homage +for Cumberland, seemed at the same time to deprive them of all +prospect of foreign assistance [h]. +[FN [d] Order. Vital. p. 511. [e] Ibid. [f] Ibid. [g] Ibid. [h] +Order. Vital. p. 511.] + +[MN Rigours of the Norman government.] +The English were now sensible that their final destruction was +intended; and that instead of a sovereign, whom they had hoped to gain +by their submission, they had tamely surrendered themselves, without +resistance, to a tyrant and a conqueror. Though the early +confiscation of Harold's followers might seem iniquitous, being +inflicted on men who had never sworn fealty to the Duke of Normandy, +who were ignorant of his pretensions, and who only fought in defence +of the government which they themselves had established in their own +country; yet were these rigours, however contrary to the ancient Saxon +laws, excused on account of the urgent necessities of the prince; and +those who were not involved in the present ruin hoped that they should +thenceforth enjoy, without molestation, their possessions and their +dignities. But the successive destruction of so many other families +convinced them that the king intended to rely entirely on the support +and affections of foreigners; and they foresaw new forfeitures, +attainders, and acts of violence as the necessary result of this +destructive plan of administration. They observed that no Englishman +possessed his confidence, or was intrusted with any command or +authority; and that the strangers, whom a rigorous discipline could +have but ill restrained, were encouraged in their insolence and +tyranny against them. The easy submission of the kingdom on its first +invasion had exposed the natives to contempt; the subsequent proofs of +their animosity and resentment had made them the object of hatred; and +they were now deprived of every expedient by which they could hope to +make themselves either regarded or beloved by their sovereign. +Impressed with the sense of this dismal situation, many Englishmen +fled into foreign countries with an intention of passing their lives +abroad free from oppression, or of returning on a favourable +opportunity to assist their friends in the recovery of their native +liberties [i]. Edgar Atheling himself, dreading the insidious +caresses of William, was persuaded by Cospatric, a powerful +Northumbrian, to escape with him into Scotland; and he carried thither +his two sisters, Margaret and Christina. They were well received by +Malcolm, who soon after espoused Margaret, the elder sister; and +partly with a view of strengthening his kingdom by the accession of so +many strangers, partly in hopes of employing them against the growing +power of William, he gave great countenance to all the English exiles. +Many of them settled there; and laid the foundation of families which +afterwards made a figure in that country. +[FN [i] Order. Vital. p. 508. M. West. p. 225. M. Paris, p. 4. Sim. +Dun. p. 197.] + +While the English suffered under these oppressions, even the +foreigners were not much at their ease; but finding themselves +surrounded on all hands by enraged enemies, who took every advantage +against them, and menaced them with still more bloody effects of the +public resentment, they began to wish again for the tranquillity and +security of their native country. Hugh de Grentmesnil, and Humphry de +Teliol, though intrusted with great commands, desired to be dismissed +the service; and some others imitated their example: a desertion which +was highly resented by the king, and which he punished by the +confiscation of all their possessions in England [k]. But William's +bounty to his followers could not fail of alluring many new +adventurers into his service; and the rage of the vanquished English +served only to excite the attention of the king and those warlike +chiefs, and keep them in readiness to suppress every commencement of +domestic rebellion or foreign invasion. +[FN [k] Order. Vitalis, p. 512.] + +[MN 1069. New insurrections.] +It was not long before they found occupation for their prowess and +military conduct. Godwin, Edmond, and Magnus, three sons of Harold, +had, immediately after the defeat at Hastings, sought a retreat in +Ireland; where, having met with a kind reception from Dermot and other +princes of that country, they projected an invasion on England, and +they hoped that all the exiles from Denmark, Scotland, and Wales, +assisted by forces from these several countries, would at once +commence hostilities, and rouse the indignation of the English against +their haughty conquerors. They landed in Devonshire; but found Brian, +son of the Count of Britany, at the head of some foreign troops, ready +to oppose them; and being defeated in several actions, they were +obliged to retreat to their ships, and to return with great loss to +Ireland [l]. The efforts of the Normans were now directed to the +north, where affairs had fallen into the utmost confusion. The more +impatient of the Northumbrians had attacked Robert de Comyn, who was +appointed governor of Durham; and gaining the advantage over him from +his negligence, they put him to death in that city, with seven hundred +of his followers [m]. This success animated the inhabitants of York, +who, rising in arms, slew Robert Fitz-Richard, their governor [n]; and +besieged in the castle William Mallet, on whom the command now +devolved. A little after, the Danish troops landed from three hundred +vessels; Osberne, brother to King Sweyn, was intrusted with the +command of these forces, and he was accompanied by Harold and Canute, +two sons of that monarch. Edgar Atheling appeared from Scotland, and +brought along with him Cospatric, Waltheof, Siward, Bearne, +Merleswain, Adelin, and other leaders, who, partly from the hopes +which they gave of Scottish succours, partly from their authority in +those parts, easily persuaded the warlike and discontented +Northumbrians to join the insurrection. Mallet, that he might better +provide for the defence of the citadel of York, set fire to some +houses which lay contiguous; but this expedient proved the immediate +cause of his destruction. The flames, spreading into the neighbouring +streets, reduced the whole city to ashes: the enraged inhabitants, +aided by the Danes, took advantage of the confusion to attack the +castle, which they carried by assault; and the garrison, to the number +of three thousand men, was put to the sword without mercy [o]. +[FN [l] Gul. Gemet. p. 290. Order. Vital. p. 513. Anglia Sacra, vol. +i. p. 246. [m] Order. Vital. p. 512. Chron. de Mailr. p. 116. +Hoveden, p. 450. M. Paris, p. 5. Sim. Dun. p. 198. [n] Order. +Vital. p. 512. [o] Order. Vital. p. 513. Hoveden, p. 451.] + +This success proved a signal to many other parts of England, and gave +the people an opportunity of showing their malevolence to the Normans. +Hereward, a nobleman in East Anglia celebrated for valour, assembled +his followers, and taking shelter in the Isle of Ely, made inroads on +all the neighbouring country [p]. The English in the counties of +Somerset and Dorset rose in arms, and assaulted Montacute, the Norman +governor; while the inhabitants of Cornwall and Devon invested Exeter, +which, from the memory of William's clemency, still remained faithful +to him. Edric the Forester, calling in the assistance of the Welsh, +laid siege to Shrewsbury, and made head against Earl Brient and +Fitz-Osberne, who commanded in those quarters [q]. The English, every +where, repenting their former easy submission, seemed determined to +make by concert one great effort for the recovery of their liberties, +and for the expulsion of their oppressors. +[FN [p] Ingulph. p. 71. Chron. Abb. St. Petri de Burgo, p. 47. [q] +Order. Vital. p. 514.] + +William, undismayed amidst this scene of confusion, assembled his +forces, and animating them with the prospect of new confiscations and +forfeitures, he marched against the rebels in the north, whom he +regarded as the most formidable, and whose defeat he knew would strike +a terror into all the other malecontents. Joining policy to force, he +tried before his approach to weaken the enemy, by detaching the Danes +from them; and he engaged Osberne, by large presents, and by offering +him the liberty of plundering the sea-coast, to retire, without +committing farther hostilities, into Denmark [r]. Cospatric, also, in +despair of success, made his peace with the king, and paying a sum of +money as an atonement for his insurrection, was received into favour, +and even invested with the earldom of Northumberland. Waltheof, who +long defended York with great courage, was allured with this +appearance of clemency; and as William knew how to esteem valour, even +in an enemy, that nobleman had no reason to repent of his confidences +[s]. Even Edric, compelled by necessity, submitted to the conqueror, +and received forgiveness, which was soon after followed by some degree +of trust and favour. Malcolm, coming too late to support his +confederates, was constrained to retire; and all the English rebels in +other parts, except Hereward, who still kept in his fastnesses, +dispersed themselves, and left the Normans undisputed masters of the +kingdom. Edgar Atheling, with his followers, sought again a retreat +in Scotland from the pursuit of his enemies. +[FN [r] Hoveden, p. 451. Chron Abb. St Petri de Burgo, p. 47. Sim. +Dun. p. 199. [s] Malmes. p. 104. H. Hunt. p. 369.] + +[MN 1070. New rigours of the government.] +But the seeming clemency of William towards the English leaders +proceeded only from artifice, or from his esteem of individuals: his +heart was hardened against all compassion towards the people; and he +scrupled no measure, however violent or severe, which seemed requisite +to support his plan of tyrannical administration. Sensible of the +restless disposition of the Northumbrians, he determined to +incapacitate them ever after from giving him disturbance, and he +issued orders for laying entirely waste that fertile country which, +for the extent of sixty miles, lies between the Humber and the Tees +[t]. The houses were reduced to ashes by the merciless Normans; the +cattle seized and driven away; the instruments of husbandry destroyed; +and the inhabitants compelled either to seek for a subsistence in the +southern parts of Scotland, or if they lingered in England, from a +reluctance to abandon their ancient habitations, they perished +miserably in the woods from cold and hunger. The lives of a hundred +thousand persons are computed to have been sacrificed to this stroke +of barbarous policy [u], which, by seeking a remedy for a temporary +evil, thus inflicted a lasting wound on the power and populousness of +the nation. +[FN [t] Chron. Sax. p. 174. Ingulph. p. 79. Malmes. p. 103. +Hoveden, p. 451. Chron. Abb. St. Petri de Burgo, p. 47. M. Paris, p. +5. Sim. Dun. p. 199. Brompton, p. 966. Knyghton, p. 2344. Anglia +Sacra, vol. i. p. 702. [u] Order. Vital. p. 515.] + +But William finding himself entirely master of a people who had given +him such sensible proofs of their impotent rage and animosity, now +resolved to proceed to extremities against all the natives of England, +and to reduce them to a condition in which they should no longer be +formidable to his government. The insurrections and conspiracies in +so many parts of the kingdom had involved the bulk of the landed +proprietors, more or less, in the guilt of treason; and the king took +advantage of executing against them, with the utmost rigour, the laws +of forfeiture and attainder. Their lives were indeed commonly spared; +but their estates were confiscated, and either annexed to the royal +demesnes, or conferred with the most profuse bounty on the Normans and +other foreigners [w]. While the king's declared intention was to +depress, or rather entirely extirpate the English gentry [x], it is +easy to believe that scarcely the form of justice would be observed in +those violent proceedings [y]; and that any suspicions served as the +most undoubted proofs of guilt against a people thus devoted to +destruction. It was crime sufficient in an Englishman to be opulent, +or noble, or powerful; and the policy of the king, concurring with the +rapacity of foreign adventurers, produced almost a total revolution in +the landed property of the kingdom. Ancient and honourable families +were reduced to beggary; the nobles themselves were every where +treated with ignominy and contempt; they had the mortification of +seeing their castles and manors possessed by Normans of the meanest +birth and lowest stations [z]; and they found themselves carefully +excluded from every road which led either to riches or preferment [a]. +[FN [w] W. Malmes. p. 104. [x] H. Hunt p. 370. [y] See note [H], at +the end of the volume. [z] Order. Vitalis, p. 521. M. West. p. 229. +[a] See note [I], at the end of the volume.] + +[MN Introduction of the feudal law.] +As power naturally follows property, this revolution alone gave great +security to the foreigners; but William, by the new institutions which +he established, took also care to retain for ever the military +authority in those hands which had enabled him to subdue the kingdom. +He introduced into England the feudal law, which he found established +in France and Normandy, and which, during that age, was the foundation +both of the stability and of the disorders in most of the monarchical +governments of Europe. He divided all the lands of England, with very +few exceptions, beside the royal demesnes, into baronies, and he +conferred these, with the reservation of stated services and payments, +on the most considerable of his adventurers. These great barons, who +held immediately of the crown, shared out a great part of their lands +to other foreigners, who were denominated knights or vassals, and who +paid their lord the same duty and submission in peace and war, which +he himself owed to his sovereign. The whole kingdom contained about +seven hundred chief tenants, and sixty thousand two hundred and +fifteen knights-fees [b]; and as none of the native English were +admitted into the first rank, the few who retained their landed +property were glad to be received into the second, and under the +protection of some powerful Norman, to load themselves and their +posterity with this grievous burden, for estates which they had +received free from their ancestors [c]. The small mixture of English +which entered into this civil or military fabric (for it partook of +both species) was so restrained by subordination under the foreigners, +that the Norman dominion seemed now to be fixed on the most durable +basis, and to defy all the efforts of its enemies. +[FN [b] Order. Vital. p. 523. Secretum Abbatis, apud Selden, Titles +of Honour, p. 573. Spellm. Gloss. in verbo FEODUM. Sir Robert +Cotton. [c] M. West. p. 225. M. Paris, p. 4. Bracton, lib. 1. cap. +II. num. 1. Fleta, lib i. cap. 8. n. 2.] + +The better to unite the parts of the government, and to bind them into +one system, which might serve both for defence against foreigners, and +for the support of domestic tranquillity, William reduced the +ecclesiastical revenues under the same feudal law; and though he had +courted the church on his invasion and accession, he now subjected it +to services which the clergy regarded as a grievous slavery, and as +totally unbefitting their profession. The bishops and abbots were +obliged, when required, to furnish to the king, during war, a number +of knights, or military tenants, proportioned to the extent of +property possessed by each see or abbey; and they were liable, in case +of failure, to the same penalties which were exacted from the laity +[d] The pope and the ecclesiastics exclaimed against this tyranny, as +they called it; but the king's authority was so well established over +the army, who held every thing from his bounty, that superstition +itself, even in that age, when it was most prevalent, was constrained +to bend under his superior influence. +[FN [d] M. Paris, p. 5. Anglia Sacra, vol. i. p. 248.] + +But as the great body of the clergy were still natives, the king had +much reason to dread the effects of their resentment; he therefore +used the precaution of expelling the English from all the considerable +dignities, and of advancing foreigners in their place. The partiality +of the Confessor towards the Normans had been so great, that, aided by +their superior learning, it had promoted them to many of the sees in +England; and even before the period of the Conquest, scarcely more +than six or seven of the prelates were natives of the country. But +among these was Stigand, Archbishop of Canterbury; a man who, by his +address and vigour, by the greatness of his family and alliances, by +the extent of his possessions, as well as by the dignity of his +office, and his authority among the English, gave jealousy to the king +[e]. Though William had, on his accession, affronted this prelate by +employing the Archbishop of York to officiate at his consecration, he +was careful on other occasions to load hint with honours and caresses, +and to avoid giving him farther offence till the opportunity should +offer of effecting his final destruction [f]. The suppression of the +late rebellions, and the total subjection of the English, made him +hope that an attempt against Stigand, however violent, would be +covered by his great successes, and be overlooked amidst the other +important revolutions which affected so deeply the property and +liberty of the kingdom. Yet, notwithstanding these great advantages, +he did not think it safe to violate the reverence usually paid to the +primate; but under cover of a new superstition, which he was the great +instrument of introducing into England. +[FN [e] Parker, p. 161. [f] Ibid. p. 164.] + +[MN Innovation in ecclesiastical government.] +The doctrine which exalted the papacy above all human power had +gradually diffused itself from the city and court of Rome; and was, +during that age, much more prevalent in the southern than in the +northern kingdoms of Europe. Pope Alexander, who had assisted William +in his conquests, naturally expected that the French and Normans would +import into England the same reverence for his sacred character with +which they were impressed in their own country; and would break the +spiritual as well as civil independency of the Saxons, who had +hitherto conducted their ecclesiastical government, with an +acknowledgment indeed of primacy in the see of Rome, but without much +idea of its title to dominion or authority. As soon, therefore, as +the Norman prince seemed fully established on the throne, the pope +despatched Ermenfroy, Bishop of Sion, as his legate into England; and +this prelate was the first that had ever appeared with that character +in any part of the British islands. The king, though he was probably +led by principle to pay this submission to Rome, determined, as is +usual, to employ the incident as a means of serving his political +purposes, and of degrading those English prelates who were become +obnoxious to him. The legate submitted to become the instrument of +his tyranny; and thought, that the more violent the exertion of power, +the more certainly did it confirm the authority of that court from +which he derived his commission. He summoned, therefore, a council of +the prelates and abbots at Winchester; and being assisted by two +cardinals, Peter and John, he cited before him Stigand, Archbishop of +Canterbury, to answer for his conduct. The primate was accused of +three crimes: the holding of the see of Winchester, together with that +of Canterbury; the officiating in the pall of Robert his predecessor; +and the having received his own pall from Benedict IX., who was +afterwards deposed for simony, and for intrusion into the papacy [g]. +These crimes of Stigand were mere pretences; since the first had been +a practice not unusual in England, and was never any where subjected +to a higher penalty than a resignation of one of the sees; the second +was a pure ceremonial; and as Benedict was the only pope who then +officiated, and his acts were never repealed, all the prelates of the +church, especially those who lay at a distance, were excusable for +making their applications to him. Stigand's ruin, however, was +resolved on, and was prosecuted with great severity. The legate +degraded him from his dignity: the king confiscated his estate, and +cast him into prison, where he continued, in poverty and want, during +the remainder of his life. Like rigour was exercised against the +other English prelates: Agelric, Bishop of Selesey and Agelmare, of +Elmham, were deposed by the legate, and imprisoned by the king. Many +considerable abbots shared the same fate: Egelwin, Bishop of Durham, +fled the kingdom: Wulstan, of Worcester, a man of an inoffensive +character, was the only English prelate that escaped this general +proscription [h], and remained in possession of his dignity. Aldred, +Archbishop of York, who had set the crown on William's head, had died +a little before of grief and vexation, and had left his malediction to +that prince on account of the breach of his coronation oath, and of +the extreme tyranny with which he saw he was determined to treat his +English subjects [i]. +[FN [g] Hoveden, p. 453. Diceto, p. 482. Knyghton, p. 2345. Anglia +Sacra, vol. i. p. 5, 6. Ypod. Neust. p. 438. [h] Brompton relates, +that Wulstan was also deprived by the synod; but refusing to deliver +his pastoral staff and ring to any but the person from whom he first +received it, he went immediately to King Edward's tomb, and struck the +staff so deeply into the stone, that none but himself was able to pull +it out: upon which he was allowed to keep his bishopric. This +instance may serve, instead of many, as a specimen of the monkish +miracles. See also the annals of Burton, p. 284. [i] Malmes. de +Gest. Pont. p. 154.] + +It was a fixed maxim in this reign, as well as in some of the +subsequent, that no native of the island should ever be advanced to +any dignity, ecclesiastical, civil, or military [k] The king, +therefore, upon Stigand's deposition, promoted Lanfranc, a Milanese +monk, celebrated for his learning and piety, to the vacant see. This +prelate was rigid in defending the prerogatives of his station; and +after a long process before the pope, he obliged Thomas, a Norman +monk, who had been appointed to the see of York, to acknowledge the +primacy of the Archbishop of Canterbury. Where ambition can be so +happy as to cover its enterprises, even to the person himself, under +the appearance of principle, it is the most incurable and inflexible +of all human passions. Hence Lanfranc's zeal in promoting the +interests of the papacy, by which he himself augmented his own +authority, was indefatigable; and met with proportionable success. +The devoted attachment to Rome continually increased in England; and +being favoured by the sentiments of the conquerors, as well as by the +monastic establishments formerly introduced by Edred and by Edgar, it +soon reached the same height at which it had, during some time, stood +in France and Italy [l]. [MN 1070.] It afterwards went much farther; +being favoured by that very remote situation which had at first +obstructed its progress; and being less checked by knowledge and a +liberal education, which were still somewhat more common in the +southern countries. +[FN [k] Ingulph. p. 70, 71. [l] M. West. p. 228. Lanfranc wrote in +defence of the real presence against Berengarius; and in those ages of +stupidity and ignorance, he was greatly applauded for that +performance.] + +The prevalence of this superstitious spirit became dangerous to some +of William's successors, and incommodious to most of them; but the +arbitrary sway of this king over the English, and his extensive +authority over the foreigners, kept him from feeling any immediate +inconveniences from it. He retained the church in great subjection, +as well as his lay subjects; and would allow none, of whatever +character, to dispute his sovereign will and pleasure. He prohibited +his subjects from acknowledging any one for pope whom he himself had +not previously received: he required that all the ecclesiastical +canons, voted in any synod, should first be laid before him, and be +ratified by his authority: even bulls or letters from Rome could not +legally be produced, till they received the same sanction: and none of +his ministers or barons, whatever offences they were guilty of, could +be subjected to spiritual censures till he himself had given his +consent to their excommunication [m]. These regulations were worthy +of a sovereign, and kept united the civil and ecclesiastical powers, +which the principles introduced by this prince himself had an +immediate tendency to separate. +[FN [m] Eadmer, p. 6.] + +But the English had the cruel mortification to find that their king's +authority, however acquired or however extended, was all employed in +their oppression; and that the scheme of their subjection, attended +with every circumstance of insult and indignity [n], was deliberately +formed by the prince, and wantonly prosecuted by his followers [o]. +William had even entertained the difficult project of totally +abolishing the English language; and, for that purpose, he ordered, +that in all schools throughout the kingdom, the youth should be +instructed in the French tongue; a practice which was continued from +custom till after the reign of Edward III., and was never indeed +totally discontinued in England. The pleadings in the supreme courts +of judicature were in French [p]: the deeds were often drawn in the +same language: the laws were composed in that idiom [q]: no other +tongue was used at court: it became the language of all fashionable +company; and the English themselves, ashamed of their own country, +affected to excel in that foreign dialect. From this attention of +William, and from the extensive foreign dominions long annexed to the +crown of England, proceeded that mixture of French which is at present +to be found in the English tongue, and which composes the greatest and +best part of our language. But amidst those endeavours to depress the +English nation, the king, moved by the remonstrances of some of his +prelates, and by the earnest desires of the people, restored a few of +the laws of King Edward [r]; which, though seemingly of no great +importance towards the protection of general liberty, gave them +extreme satisfaction, as a memorial of their ancient government, and +an unusual mark of complaisance in their imperious conquerors [s]. +[FN [n] Order. Vital. p. 523. H. Hunt. p. 370. [o] Ingulph. p. 71. +[p] 36 Edw. III. cap. 15. Selden Spicileg. ad Eadmer, p. 189. +Fortescue de laud leg. Angl. cap. 48. [q] Chron. Rothom. A. D. 1066. +[r] Ingulph. p. 88. Brompton, p. 982. Knyghton, p. 2355. Hoveden, +p. 600. [s] See note [K], at the end of the volume.] + +[MN 1071.] The situation of the two great earls, Morcar and Edwin, +became now very disagreeable. Though they had retained their +allegiance during this general insurrection of their countrymen, they +had not gained the king's confidence, and they found themselves +exposed to the malignity of the courtiers, who envied them on account +of their opulence and greatness, and at the same time involved them in +that general contempt which they entertained for the English. +Sensible that they had entirely lost their dignity, and could not even +hope to remain long in safety; they determined, though too late, to +share the same fate with their countrymen. While Edwin retired to his +estate in the north, with a view of commencing an insurrection, Morcar +took shelter in the Isle of Ely with the brave Hereward, who, secured +by the inaccessible situation of the place, still defended himself +against the Normans. But this attempt served only to accelerate the +ruin of the few English who had hitherto been able to preserve their +rank or fortune during the past convulsions. William employed all his +endeavours to subdue the Isle of Ely; and having surrounded it with +flat-bottomed boats, and made a causeway through the morasses to the +extent of two miles, he obliged the rebels to surrender at discretion. +Hereward alone forced his way, sword in hand, through the enemy; and +still continued his hostilities by sea against the Normans, till at +last William, charmed with his bravery, received him into favour, and +restored him to his estate. Earl Morcar, and Egelwin, Bishop of +Durham, who had joined the malecontents, were thrown into prison, and +the latter soon after died in confinement. Edwin, attempting to make +his escape into Scotland, was betrayed by some of his followers, and +was killed by a party of Normans, to the great affliction of the +English, and even to that of William, who paid a tribute of generous +tears to the memory of this gallant and beautiful youth. The King of +Scotland, in hopes of profiting by these convulsions, had fallen upon +the northern counties; but on the approach of William, he retired; and +when the king entered his country, he was glad to make peace, and to +pay the usual homage to the English crown. To complete the king's +prosperity, Edgar Atheling himself, despairing of success, and weary +of a fugitive life, submitted to his enemy; and receiving a decent +pension for his subsistence, was permitted to live in England +unmolested. But these acts of generosity towards the leaders were +disgraced, as usual, by William's rigour against the inferior +malecontents. He ordered the hands to be lopt off; and the eyes to be +put out, of many of the prisoners whom he had taken in the Isle of +Ely; and he dispersed them in that miserable condition throughout the +country, as monuments of his severity. + +[MN 1073.] The province of Maine, in France, had, by the will of +Herbert, the last count, fallen under the dominion of William some +years before his conquest of England; but the inhabitants, +dissatisfied with the Norman government, and instigated by Fulk, Count +of Anjou, who had some pretensions to the succession, now rose in +rebellion, and expelled the magistrates whom the king had placed over +them. The full settlement of England afforded him leisure to punish +this insult on his authority; but being unwilling to remove his Norman +forces from this island, he carried over a considerable army, composed +almost entirely of English; and joining them to some troops levied in +Normandy, he entered the revolted province. The English appeared +ambitious of distinguishing themselves on this occasion, and of +retrieving that character of valour which had long been national among +them; but which their late easy subjection under the Normans had +somewhat degraded and obscured. Perhaps too they hoped that, by their +zeal and activity, they might recover the confidence of their +sovereign, as their ancestors had formerly, by like means, gained the +affections of Canute; and might conquer his inveterate prejudices in +favour of his own countrymen. The king's military conduct, seconded +by these brave troops, soon overcame all opposition in Maine: the +inhabitants were obliged to submit, and the Count of Anjou +relinquished his pretensions. + +[MN 1074. Insurrection of the Norman barons.] +But during these transactions the government of England was greatly +disturbed; and that too by those very foreigners who owed every thing +to the king’s bounty, and who were the sole object of his friendship +and regard. The Norman barons, who had engaged with their duke in the +conquest of England, were men of the most independent spirit; and +though they obeyed their leader in the field, they would have regarded +with disdain the richest acquisitions, had they been required in +return to submit, in their civil government, to the arbitrary will of +one man. But the imperious character of William, encouraged by his +absolute dominion over the English, and often impelled by the +necessity of his affairs, had prompted him to stretch his authority +over the Normans themselves beyond what the free genius of that +victorious people could easily bear. The discontents were become +general among those haughty nobles; and even Roger, Earl of Hereford, +son and heir of Fitz-Osberne, the king's chief favourite, was strongly +infected with them. This nobleman, intending to marry his sister to +Ralph de Guader, Earl of Norfolk, had thought it his duty to inform +the king of his purpose, and to desire the royal consent; but meeting +with a refusal, he proceeded nevertheless to complete the nuptials, +and assembled all his friends, and those of Guader, to attend the +solemnity. The two earls, disgusted by the denial of their request, +and dreading William's resentment for their disobedience, here +prepared measures for a revolt; and during the gaiety of the festival, +while the company was heated with wine, they opened the design to +their guests. They inveighed against the arbitrary conduct of the +king; his tyranny over the English, whom they affected on this +occasion to commiserate; his imperious behaviour to his barons of the +noblest birth; and his apparent intention of reducing the victors and +the vanquished to a like ignominious servitude. Amidst their +complaints, the indignity of submitting to a bastard [t] was not +forgotten; the certain prospect of success in a revolt, by the +assistance of the Danes and the discontented English, was insisted on; +and the whole company, inflamed with the same sentiments, and warmed +by the jollity of the entertainment, entered, by a solemn engagement, +into the design of shaking off the royal authority. Even Earl +Waltheof; who was present, inconsiderately expressed his approbation +of the conspiracy, and promised his concurrence towards its success. +[FN [t] William was so little ashamed of his birth, that be assumed +the appellation of bastard in some of his letters and charters. +Spellm. Gloss. in verb. BASTARDUS. Camden in RICHMONDSHIRE.] + +This nobleman, the last of the English who, for some generations, +possessed any power or authority, had, after his capitulation at York, +been received into favour by the Conqueror; had even married Judith, +niece to that prince; and had been promoted to the earldoms of +Huntingdon and Northampton [u]. Cospatric, Earl of Northumberland, +having, on some new disgust from William, retired into Scotland, where +he received the earldom of Dunbar from the bounty of Malcolm; Waltheof +was appointed his successor in that important command, and seemed +still to possess the confidence and friendship of his sovereign [w]. +But as he was a man of generous principles, and loved his country, it +is probable that the tyranny exercised over the English lay heavy upon +his mind, and destroyed all the satisfaction which he could reap from +his own grandeur and advancement. When a prospect, therefore, was +opened of retrieving their liberty, he hastily embraced it; while the +fumes of the liquor, and the ardour of the company, prevented him from +reflecting on the consequences of that rash attempt. But after his +cool judgment returned, he foresaw that the conspiracy of those +discontented barons was not likely to prove successful against the +established power of William; or if it did, that the slavery of the +English, instead of being alleviated by that event, would become more +grievous, under a multitude of foreign leaders, factious and +ambitious, whose union and whose discord would be equally oppressive +to the people. Tormented with these reflections, he opened his mind +to his wife Judith, of whose fidelity he entertained no suspicion, but +who, having secretly fixed her affections on another, took this +opportunity of ruining her easy and credulous husband. She conveyed +intelligence of the conspiracy to the king, and aggravated every +circumstance, which, she believed, would tend to incense him against +Waltheof, and render him absolutely implacable [x]. Meanwhile the +earl, still dubious with regard to the part which he should act, +discovered the secret in confession to Lanfranc, on whose probity and +judgment he had a great reliance: he was persuaded by the prelate, +that he owed no fidelity to those rebellious barons, who had by +surprise gained his consent to a crime; that his first duty was to his +sovereign and benefactor; his next to himself and his family; and +that, if he seized not the opportunity of making atonement for his +guilt by revealing it, the temerity of the conspirators was so great, +that they would give some other person the means of acquiring the +merit of the discovery. Waltheof, convinced by these arguments, went +over to Normandy; but though he was well received by the king, and +thanked for his fidelity, the account previously transmitted by Judith +had sunk deep into William's mind, and had destroyed all the merit of +her husband's repentance. +[FN [u] Order. Vital. p. 522. Hoveden, p. 454. [w] Sim. Dun. p. 205. +[x] Order. Vital. p. 536.] + +The conspirators, hearing of Waltheof's departure, immediately +concluded their design to be betrayed; and they flew to arms before +their schemes were ripe for execution, and before the arrival of the +Danes, in whose aid they placed their chief confidence. The Earl of +Hereford was checked by Walter de Lacy, a great baron in those parts, +who, supported by the Bishop of Worcester and the Abbot of Evesham, +raised some forces, and prevented the earl from passing the Severn, or +advancing into the heart of the kingdom. The Earl of Norfolk was +defeated at Fagadun, near Cambridge, by Odo, the regent, assisted by +Richard de Bienfaite and William de Warenne, the two justiciaries. +The prisoners taken in this action had their right foot cut off, as a +punishment of their treason: the earl himself escaped to Norwich, +thence to Denmark; where the Danish fleet, which had made an +unsuccessful attempt upon the coast of England [y], soon after +arrived, and brought him intelligence, that all his confederates were +suppressed, and were either killed, banished, or taken prisoners [z]. +Ralph retired in despair to Britany, where he possessed a large estate +and extensive jurisdictions. +[FN [y] Chron. Sax. p. 183. M. Paris, p. 7. [z] Many of the +fugitive Normans are supposed to have fled into Scotland; where they +were protected, as well as the fugitive English, by Malcolm. Whence +come the many French and Norman families, which are found at present +in that country.] + +The king, who hastened over to England in order to suppress the +insurrection, found that nothing remained but the punishment of the +criminals, which he executed with great severity. Many of the rebels +were hanged; some had their eyes put out; others their hands cut off. +But William, agreeably to his usual maxims, showed more lenity to +their leader, the Earl of Hereford, who was only condemned to a +forfeiture of his estate, and to imprisonment during pleasure. The +king seemed even disposed to remit this last part of the punishment, +had not Roger, by a fresh insolence, provoked him to render his +confinement perpetual. [MN 1075.] But Waltheof, being an Englishman, +was not treated with so much humanity; though his guilt, always much +inferior to that of the other conspirators, was atoned for by an +early repentance and return to his duty. William, instigated by his +niece, as well as by his rapacious courtiers, who longed for so rich a +forfeiture, ordered him to be tried, condemned, and executed. [MN +29th April 1075.] The English, who considered this nobleman as the +last resource of their nation, grievously lamented his fate, and +fancied that miracles were wrought by his relics, as a testimony of +his innocence and sanctity. The infamous Judith, falling soon after +under the king's displeasure, was abandoned by all the world, and +passed the rest of her life in contempt, remorse, and misery. + +Nothing remained to complete William's satisfaction but the punishment +of Ralph de Guader; and he hastened over to Normandy in order to +gratify his vengeance on that criminal. But though the contest seemed +very unequal between a private nobleman and the King of England, Ralph +was so well supported both by the Earl of Britany and the King of +France, that William, after besieging him for some time in Dol, was +obliged to abandon the enterprise, and make with those powerful +princes a peace, in which Ralph himself was included. England, during +his absence, remained in tranquillity, and nothing remarkable +occurred, except two ecclesiastical synods which were summoned, one at +London, another at Winchester. In the former the precedency among the +episcopal sees was settled, and the seat of some of them was removed +from small villages to the most considerable town within the diocese. +In the second was transacted a business of more importance. + +[MN 1076. Dispute about investitures] +The industry and perseverance are surprising, with which the popes had +been treasuring up powers and pretensions during so many ages of +ignorance; while each pontiff employed every fraud for advancing +purposes of imaginary piety, and cherished all claims which might turn +to the advantage of his successors, though he himself could not expect +ever to reap any benefit from them. All this immense store of +spiritual and civil authority was now devolved on Gregory VII. of the +name of Hildebrand, the most enterprising pontiff that had ever filled +that chair, and the least restrained by fear, decency, or moderation. +Not content with shaking off the yoke of the emperors, who had +hitherto exercised the power of appointing the pope on every vacancy, +or at least of ratifying his election; he undertook the arduous task +of entirely disjoining the ecclesiastical from the civil power, and of +excluding profane laymen from the right which they had assumed of +filling the vacancies of bishoprics, abbeys, and other spiritual +dignities [a]. The sovereigns who had long exercised this power, and +who had acquired it not by encroachments on the church, but on the +people, to whom it originally belonged [b], made great opposition to +this claim of the court of Rome; and Henry IV., the reigning emperor, +defended this prerogative of his crown with a vigour and resolution +suitable to its importance. The few offices, either civil or +military, which the feudal institutions left the sovereign the power +of bestowing, made the prerogative of conferring the pastoral ring and +staff the most valuable jewel of the royal diadem; especially as the +general ignorance of the age bestowed a consequence on the +ecclesiastical offices, even beyond the great extent of power and +property which belonged to them. Superstition, the child of +ignorance, invested the clergy with an authority almost sacred; and as +they engrossed the little learning of the age, their interposition +became requisite in all civil business, and a real usefulness in +common life was thus superadded to the spiritual sanctity of their +character. +[FN [a] L'Abbé Conc. tom. x. p. 371, 372. com. 2. [b] Padre Paolo +sopra benef. eccles. p. 30.] + +When the usurpations, therefore, of the church had come to such +maturity as to embolden her to attempt extorting the right of +investitures from the temporal power, Europe, especially Italy and +Germany, was thrown into the most violent convulsions, and the pope +and the emperor waged implacable war on each other. Gregory dared to +fulminate the sentence of excommunication against Henry and his +adherents, to pronounce him rightfully deposed, to free his subjects +from their oaths of allegiance; and instead of shocking mankind by +this gross encroachment on the civil authority, he found the stupid +people ready to second his most exorbitant pretensions. Every +minister, servant, or vassal of the emperor, who received any disgust, +covered his rebellion under the pretence of principle; and even the +mother of this monarch, forgetting all the ties of nature, was +seduced to countenance the insolence of his enemies. Princes +themselves, not attentive to the pernicious consequences of those +papal claims, employed them for their present purposes; and the +controversy, spreading into every city of Italy, engendered the +parties of Guelf and Ghibbelin; the most durable and most inveterate +factions that ever arose from the mixture of ambition and religious +zeal. Besides numberless assassinations, tumults, and convulsions to +which they gave rise, it is computed that the quarrel occasioned no +less than sixty battles in the reign of Henry IV., and eighteen in +that of his successor, Henry V., when the claims of the sovereign +pontiff finally prevailed [c]. +[FN [c] Padre Paolo sopra benef. eccles. p. 113.] + +But the bold spirit of Gregory, not dismayed with the vigorous +opposition which he met with from the emperor, extended his +usurpations all over Europe; and well knowing the nature of mankind, +whose blind astonishment ever inclines them to yield to the most +impudent pretensions, he seemed determined to set no bounds to the +spiritual, or rather temporal monarchy, which he had undertaken to +erect. He pronounced the sentence of excommunication against +Nicephorus, Emperor of the East: Robert Guiscard, the adventurous +Norman, who had acquired the dominion of Naples, was attacked by the +same dangerous weapon: he degraded Boleslas, King of Poland, from the +rank of king; and even deprived Poland of the title of a kingdom: he +attempted to treat Philip, King of France, with the same rigour which +he had employed against the emperor [d]: he pretended to the entire +property and dominion of Spain; and he parcelled it out amongst +adventurers, who undertook to conquer it from the Saracens, and to +hold it in vassalage under the see of Rome [e]: even the Christian +bishops, on whose aid he relied for subduing the temporal princes, saw +that he was determined to reduce them to servitude; and by assuming +the whole legislative and judicial power of the church, to centre all +authority in the sovereign pontiff [f]. +[FN [d] Epist. Greg. VII. epist. 32, 35. lib. 2. epist. 5. [e] Epist. +Greg. VII. lib. 1. epist. 7. [f] Greg. epist. lib. 2. epist. 55.] + +William the Conqueror, the most potent, the most haughty, and the most +vigorous prince in Europe, was not, amidst all his splendid successes, +secure from the attacks of this enterprising pontiff. Gregory wrote +him a letter, requiring him to fulfil his promise in doing homage for +the kingdom of England to the see of Rome, and to send him over that +tribute, which all his predecessors had been accustomed to pay to the +vicar of Christ. By the tribute he meant Peter's pence; which, though +at first a charitable donation of the Saxon princes, was interpreted, +according to the usual practice of the Romish court, to be a badge of +subjection acknowledged by the kingdom. William replied, that the +money should be remitted as usual; but that neither had he promised to +do homage to Rome, nor was it in the least his purpose to impose that +servitude on his state [g]. And the better to show Gregory his +independence, he ventured, notwithstanding the frequent complaints of +the pope, to refuse to the English bishops the liberty of attending a +general council which that pontiff had summoned against his enemies. +[FN [g] Spicileg. Seldeni ad Eadmer, p. 4.] + +But though the king displayed this vigour in supporting the royal +dignity, he was infected with the general superstition of the age, and +he did not perceive the ambitious scope of those institutions, which, +under colour of strictness in religion, were introduced or promoted by +the court of Rome. Gregory, while he was throwing all Europe into +combustion by his violence and impostures, affected an anxious care +for the purity of manners; and even the chaste pleasures of the +marriage-bed were inconsistent, in his opinion, with the sanctity of +the sacerdotal character. He had issued a decree prohibiting the +marriage of priests, excommunicating all clergymen who retained their +wives, declaring such unlawful commerce to be fornication, and +rendering it criminal in the laity to attend divine worship, when such +profane priests officiated at the altar [h]. This point was a great +object in the politics of the Roman pontiffs; and it cost them +infinitely more pains to establish it, than the propagation of any +speculative absurdity which they had ever attempted to introduce. +Many synods were summoned in different parts of Europe before it was +finally settled; and it was there constantly remarked, that the +younger clergymen complied cheerfully with the pope's decrees in this +particular, and that the chief reluctance appeared in those who were +more advanced in years: an event so little consonant to men's natural +expectations, that it could not fail to be glossed on, even in that +blind and superstitious age. William allowed the pope's legate to +assemble, in his absence, a synod at Winchester, in order to establish +the celibacy of the clergy; but the church of England could not yet be +carried the whole length expected. The synod was content with +decreeing, that the bishops should not thenceforth ordain any priests +or deacons without exacting from them a promise of celibacy; but they +enacted, that none, except those who belonged to collegiate or +cathedral churches, should be obliged to separate from their wives. +[FN [h] Hoveden, p. 455, 457. Flor. Wigorn. p. 638. Spellm. Concil. +fol. 13 A. D. 1076.] + +[MN Revolt of Prince Robert.] +The king passed some years in Normandy; but his long residence there +was not entirely owing to his declared preference of that duchy: his +presence was also necessary for composing those disturbances which had +arisen in that favourite territory, and which had even originally +proceeded from his own family. Robert, his eldest son, surnamed +Gambaron or Curthose, from his short legs, was a prince who inherited +all the bravery of his family and nation; but without that policy and +dissimulation, by which his father was so much distinguished, and +which, no less than his military valour, had contributed to his great +successes. Greedy of fame, impatient of contradiction, without +reserve in his friendships, declared in his enmities, this prince +could endure no control even from his imperious father, and openly +aspired to that independence, to which his temper, as well as some +circumstances in his situation, strongly invited him [i]. When +William first received the submissions of the province of Maine, he +had promised the inhabitants that Robert should be their prince; and +before he undertook the expedition against England, he had, on the +application of the French court, declared him his successor in +Normandy, and had obliged the barons of that duchy to do him homage as +their future sovereign. By this artifice, he had endeavoured to +appease the jealousy of his neighbours, as affording them a prospect +of separating England from his dominions on the continent; but when +Robert demanded of him the execution of those engagements, he gave him +an absolute refusal, and told him, according to the homely saying, +that he never intended to throw off his clothes till he went to bed +[k]. Robert openly declared his discontent; and was suspected of +secretly instigating the King of France and the Earl of Britany to the +opposition which they made to William, and which had formerly +frustrated his attempts upon the town of Dol. And as the quarrel +still augmented, Robert proceeded to entertain a strong jealousy of +his two surviving brothers, William and Henry, (for Richard was killed +in hunting by a stag,) who, by greater submission and complaisance, +had acquired the affections of their father. In this disposition on +both sides, the greatest trifle sufficed to produce a rupture between +them. +[FN [i] Order. Vital. p. 545. Hoveden, p. 457. Flor. Wigorn. p. 639. +[k] Chron. de Mailr. p. 160.] + +The three princes, residing with their father in the castle of L'Aigle +in Normandy, were one day engaged in sport together; and after some +mirth and jollity, the two younger took a fancy of throwing over some +water on Robert as he passed through the court on leaving their +apartment [l]; a frolic, which he would naturally have regarded as +innocent, had it not been for the suggestions of Alberic de +Grentmesnil, son of that Hugh de Grentmesnil whom William had formerly +deprived of his fortunes, when that baron deserted him during his +greatest difficulties in England. The young man, mindful of the +injury, persuaded the prince that this action was meant as a public +affront, which it behoved him in honour to resent; and the choleric +Robert, drawing his sword, ran upstairs, with an intention of taking +revenge on his brothers [m]. The whole castle was filled with tumult, +which the king himself, who hastened from his apartment, found some +difficulty to appease. But he could by no means appease the +resentment of his eldest son, who, complaining of his partiality, and +fancying that no proper atonement had been made him for the insult, +left the court that very evening, and hastened to Rouen, with an +intention of seizing the citadel of that place [n]. But being +disappointed in this view by the precaution and vigilance of Roger de +Ivery, the governor, he fled to Hugh de Neufchatel, a powerful Norman +baron, who gave him protection in his castles; and he openly levied +war against his father [o]. The popular character of the prince, and +a similarity of manners, engaged all the young nobility of Normandy +and Maine, as well as of Anjou and Britany, to take part with him; and +it was suspected, that Matilda, his mother, whose favourite he was, +supported him in his rebellion by secret remittances of money, and by +the encouragement which she gave his partisans. +[FN [l] Order. Vital. p. 545. [m] Ibid. [n] Order. Vital. p. 545. +[o] Ibid. Hoveden, p. 457. Sim. Dun. p. 210. Diceto, p. 487.] + +[MN 1079.] All the hereditary provinces of William, as well as his +family, were, during several years, thrown into convulsions by this +war; and he was at last obliged to have recourse to England, where +that species of military government which he had established gave him +greater authority than the ancient feudal institutions permitted him +to exercise in Normandy. He called over an army of English under his +ancient captains, who soon expelled Robert and his adherents from +their retreats, and restored the authority of the sovereign in all his +dominions. The young prince was obliged to take shelter in the castle +of Gerberoy in the Beauvoisis, which the King of France, who secretly +fomented all these dissensions, had provided for him. In this +fortress he was closely besieged by his father, against whom, having a +strong garrison, he made an obstinate defence. There passed under the +walls of this place many rencounters, which resembled more the single +combats of chivalry than the military actions of armies; but one of +them was remarkable for its circumstances and its event. Robert +happened to engage the king, who was concealed by his helmet; and both +of them being valiant, a fierce combat ensued, till at last the young +prince wounded his father in the arm, and unhorsed him. On his +calling out for assistance, his voice discovered him to his son, who, +struck with remorse for his past guilt, and astonished with the +apprehensions of one much greater, which he had so nearly incurred, +instantly threw himself at his father's feet, craved pardon for his +offences, and offered to purchase forgiveness by any atonement [p]. +The resentment harboured by William was so implacable, that he did not +immediately correspond to this dutiful submission of his son with like +tenderness; but giving him his malediction, departed for his own camp, +on Robert's horse, which that prince had assisted him to mount. He +soon after raised the siege, and marched with his army to Normandy; +where the interposition of the queen, and other common friends, +brought about a reconcilement, which was probably not a little +forwarded by the generosity of the son's behaviour in this action, and +by the returning sense of his past misconduct. The king seemed so +fully appeased, that he even took Robert with him into England; where +he intrusted him with the command of an army, in order to repel an +inroad of Malcolm, King of Scotland, and to retaliate by a like inroad +into that country. The Welsh, unable to resist William's power, were, +about the same time, necessitated to pay a compensation for their +incursions; and every thing was reduced to full tranquillity in this +island. +[FN [p] Malmes. p. 106. H. Hunt. p. 369. Hoveden, p. 457. Flor. +Wig. p. 639. Sim. Dun. p. 210. Diceto, p. 287. Knyghton, p. 2351. +Alur. Beverl. p. 135.] + +[MN 1081. Doomsday-book.] +The state of affairs gave William leisure to begin and finish an +undertaking, which proves his extensive genius, and does honour to his +memory: it was a general survey of all the lands in the kingdom, their +extent in each district, their proprietors, tenures, value; the +quantity of meadow, pasture, wood, and arable land, which they +contained; and in some counties the number of tenants, cottagers, and +slaves of all denominations, who lived upon them. He appointed +commissioners for this purpose, who entered every particular in their +register by the verdict of juries; and after a labour of six years +(for the work was so long in finishing) brought him an exact account +of all the landed property of his kingdom [q]. This monument, called +Doomsday-book, the most valuable piece of antiquity possessed by any +nation, is still preserved in the Exchequer; and though only some +extracts of it have hitherto been published, it serves to illustrate +to us, in many particulars, the ancient state of England. The great +Alfred had finished a like survey of the kingdom in his time, which +was long kept at Winchester, and which probably served as a model to +William in this undertaking [r]. +[FN [q] Chron. Sax. p. 190. Ingulph, p. 79. Chron. T. Wykes, p. 23. +H. Hunt. p. 370. Hoveden, p. 460. M. West. p. 229. Flor. Wigorn. p. +641. Chron. Abb. de Petri de Burgo, p. 51. M. Paris, p. 8. The more +northern counties were not comprehended in this survey; I suppose +because of their wild, uncultivated state. [r] Ingulph, p. 8.] + +The king was naturally a great economist; and though no prince had +ever been more bountiful to his officers and servants, it was merely +because he had rendered himself universal proprietor of England, and +had a whole kingdom to bestow. He reserved an ample revenue for the +crown; and in the general distribution of land among his followers, he +kept possession of no less than one thousand four hundred and twenty- +two manors in different parts of England [s], which paid him rent, +either in money, or in corn, cattle, and the usual produce of the +soil. An ancient historian computes, that his annual fixed income, +besides escheats, fines, reliefs, and other casual profits to a great +value, amounted to near four hundred thousand pounds a year [t]; a sum +which, if all circumstances be attended to, will appear wholly +incredible. A pound in that age, as we have already observed, +contained three times the weight of silver that it does at present; +and the same weight of silver, by the most probable computation, would +purchase near ten times more of the necessaries of life, though not in +the same proportion of the finer manufactures. This revenue, +therefore, of William, would be equal to at least nine or ten millions +at present; and as that prince had neither fleet nor army to support, +the former being only an occasional expense, and the latter being +maintained without any charge to him by his military vassals, we must +thence conclude, that no emperor or prince, in any age or nation, can +be compared to the Conqueror for opulence and riches. This leads us +to suspect a great mistake in the computation of the historian: +though, if we consider that avarice is always imputed to William, as +one of his vices, and that having by the sword rendered himself master +of all the lands in the kingdom, he would certainly in the partition +retain a great proportion for his own share; we can scarcely be guilty +of any error in asserting, that perhaps no king of England was ever +more opulent, was more able to support by his revenue the splendour +and magnificence of a court, or could bestow more on his pleasures, or +in liberalities to his servants and favourites [u]. +[FN [s] West's inquiry into the manner of creating peers, p. 24. [t] +Order. Vital. p. 523. He says one thousand and sixty pounds and some +odd shillings and pence a day. [u] Fortescue, de Dom. reg. et +politic. cap. 111.] + +[MN The new forest.] +There was one pleasure to which William, as well as all the Normans +and ancient Saxons, was extremely addicted, and that was hunting; but +this pleasure he indulged more at the expense of his unhappy subjects, +whose interests he always disregarded, than to the loss or diminution +of his own revenue. Not content with those large forests which former +kings possessed in all parts of England, he resolved to make a new +forest near Winchester, the usual place of his residence; and for that +purpose he laid waste the country in Hampshire for an extent of thirty +miles, expelled the inhabitants from their houses, seized their +property, even demolished churches and convents, and made the +sufferers no compensation for the injury [w]. At the same time, he +enacted new laws, by which he prohibited all his subjects from hunting +in any of his forests, and rendered the penalties more severe than +ever had been inflicted for such offences. The killing of a deer or +boar, or even a hare, was punished with the loss of the delinquent's +eyes; and that at a time, when the killing of a man could be atoned +for by paying a moderate fine or composition. +[FN [w] Malmes. p. 3. H. Hunt. p. 731. Anglia Sacra, vol. i. p. +258.] + +The transactions recorded during the remainder of this reign may be +considered more as domestic occurrences which concern the prince, than +as national events which regard England. Odo, Bishop of Baieux, the +king's uterine brother, whom he had created Earl of Kent, and +intrusted with a great share of power during his whole reign, had +amassed immense riches; and agreeably to the usual progress of human +wishes, he began to regard his present acquisitions but as a step to +farther grandeur. He had formed the chimerical project of buying the +papacy; and though Gregory, the reigning pope, was not of advanced +years, the prelate had confided so much in the predictions of an +astrologer, that he reckoned upon the pontiff’s death, and upon +attaining, by his own intrigues and money, that envied state of +greatness. Resolving, therefore, to remit all his riches to Italy, he +had persuaded many considerable barons, and among the rest, Hugh, Earl +of Chester, to take the same course; in hopes that, when he should +mount the papal throne, he would bestow on them more considerable +establishments in that country. [MN 1082.] The king, from whom all +these projects had been carefully concealed, at last got intelligence +of the design, and ordered Odo to be arrested. His officers, from +respect to the immunities which the ecclesiastics now assumed, +scrupled to execute the command, till the king himself was obliged in +person to seize him; and when Odo insisted that he was a prelate, and +exempt from all temporal jurisdiction, William replied, that he +arrested him not as Bishop of Baieux, but as Earl of Kent. He was +sent prisoner to Normandy; and, notwithstanding the remonstrances and +menaces of Gregory, was detained in custody during the remainder of +this reign. + +[MN 1083.] Another domestic event gave the king much more concern: it +was the death of Matilda, his consort, whom he tenderly loved, and for +whom he had ever preserved the most sincere friendship. Three years +afterwards he passed into Normandy, and carried with him Edgar +Atheling, to whom he willingly granted permission to make a pilgrimage +to the Holy Land. [MN 1087. War with France.] He was detained on +the continent by a misunderstanding, which broke out between him and +the King of France, and which was occasioned by inroads made into +Normandy by some French barons on the frontiers. It was little in the +power of princes at that time to restrain their licentious nobility; +but William suspected, that these barons durst not have provoked his +indignation, had they not been assured of the countenance and +protection of Philip. His displeasure was increased by the account he +received of some railleries which that monarch had thrown out against +him. William, who was become corpulent, had been detained in bed some +time by sickness; upon which Philip expressed his surprise that his +brother of England should be so long in being delivered of his big +belly. The king sent him word, that, as soon as he was up, he would +present so many lights at Notre-dame, as would perhaps give little +pleasure to the King of France; alluding to the usual practice at that +time of women after childbirth. Immediately on his recovery, he led +an army into L'Isle de France, and laid every thing waste with fire +and sword. He took the town of Mante, which he reduced to ashes. But +the progress of these hostilities was stopped by an accident which +soon after put an end to William's life. His horse starting aside of +a sudden, he bruised his belly on the pommel of the saddle; and being +in a bad habit of body, as well as somewhat advanced in years, he +began to apprehend the consequences, and ordered himself to be carried +in a litter to the monastery of St. Gervas. Finding his illness +increase, and being sensible of the approach of death, he discovered +at last the vanity of all human grandeur, and was struck with remorse +for those horrible cruelties and acts of violence, which, in the +attainment and defence of it, he had committed during the course of +his reign over England. He endeavoured to make atonement by presents +to churches and monasteries; and he issued orders, that Earl Morcar, +Siward, Bearne, and other English prisoners, should be set at liberty. +He was even prevailed on, though not without reluctance, to consent, +with his dying breath, to release his brother Odo, against whom he was +extremely incensed. He left Normandy and Maine to his eldest son +Robert: he wrote to Lanfranc, desiring him to crown William King of +England: he bequeathed to Henry nothing but the possessions of his +mother Matilda; but foretold that he would one day surpass both his +brothers in power and opulence. He expired in the sixty-third year of +his age, in the twenty-first year of his reign over England, and in +the fifty-fourth of that over Normandy. + +[MN 9th Sept. Death and character of William the Conqueror.] +Few princes have been more fortunate than this great monarch, or were +better entitled to grandeur and prosperity, from the abilities and the +vigour of mind which he displayed in all his conduct. His spirit was +bold and enterprising, yet guided by prudence: his ambition, which was +exorbitant, and lay little under the restraints of justice, still less +under those of humanity, ever submitted to the dictates of sound +policy. Born in an age when the minds of men were intractable and +unacquainted with submission, he was yet able to direct them to his +purposes; and partly from the ascendant of his vehement character, +partly from art and dissimulation, to establish an unlimited +authority. Though not insensible to generosity, he was hardened +against compassion; and he seemed equally ostentatious and equally +ambitious of show and parade in his clemency and in his severity. The +maxims of his administration were austere; but might have been useful, +had they been solely employed to preserve order in an established +government [x]; they were ill calculated for softening the rigours +which, under the most gentle management, are inseparable from +conquest. His attempt against England was the last great enterprise +of the kind which, during the course of seven hundred years, has fully +succeeded in Europe; and the force of his genius broke through those +limits, which first the feudal institutions, then the refined policy +of princes, have fixed to the several states of Christendom. Though +he rendered himself infinitely odious to his English subjects, he +transmitted his power to his posterity, and the throne is still filled +by his descendants: a proof, that the foundations which he laid were +firm and solid, and that, amidst all his violence, while he seemed +only to gratify the present passion, he had still an eye towards +futurity. +[FN [x] M. West. p. 230. Anglia Sacra, vol. i. p. 258.] + +Some writers have been desirous of refusing to this prince the title +of Conqueror, in the sense which that term commonly bears; and, on +pretence that the word is sometimes in old books applied to such as +make an acquisition of territory by any means, they are willing to +reject William's title, by right of war, to the crown of England. It +is needless to enter into a controversy, which, by the terms of it, +must necessarily degenerate into a dispute of words. It suffices to +say, that the Duke of Normandy's first invasion of the island was +hostile; that his subsequent administration was entirely supported by +arms; that in the very frame of his laws, he made a distinction +between the Normans and English, to the advantage of the former [y]; +that he acted in every thing as absolute master over the natives, +whose interest and affections he totally disregarded; and that if +there was an interval when he assumed the appearance of a legal +sovereign, the period was very short, and was nothing but a temporary +sacrifice, which he, as has been the case with most conquerors, was +obliged to make of his inclination to his present policy. Scarce any +of those revolutions, which both in history and in common language, +have always been denominated conquests, appear equally violent, or +were attended with so sudden an alteration both of power and property. +The Roman state, which spread its dominion over Europe, left the +rights of individuals in a great measure untouched; and those +civilized conquerors, while they made their own country the seat of +empire, found that they could draw most advantage from the subjected +provinces, by securing to the natives the free enjoyment of their own +laws and of their private possessions. The barbarians who subdued the +Roman empire, though they settled in the conquered countries, yet +being accustomed to a rude uncultivated life, found a part only of the +land sufficient to supply all their wants; and they were not tempted +to seize extensive possessions, which they knew neither how to +cultivate nor enjoy. But the Normans and other foreigners, who +followed the standard of William, while they made the vanquished +kingdom the seat of government, were yet so far advanced in arts as to +be acquainted with the advantages of a large property; and having +totally subdued the natives, they pushed the rights of conquest (very +extensive in the eyes of avarice and ambition, however narrow in those +of reason) to the utmost extremity against them. Except the former +conquest of England by the Saxons themselves, who were induced, by +peculiar circumstances, to proceed even to the extermination of the +natives, it would be difficult to find in all history a revolution +more destructive, or attended with a more complete subjection of the +ancient inhabitants. Contumely seems even to have been wantonly added +to oppression [z]; and the natives were universally reduced to such a +state of meanness and poverty, that the English name became a term of +reproach; and several generations elapsed before one family of Saxon +pedigree was raised to any considerable honours; or could so much as +attain the rank of baron of the realm [a]. These facts are so +apparent from the whole tenour of the English history, that none would +have been tempted to deny or elude them, were they not heated by the +controversies of faction; while one party was ABSURDLY afraid of those +ABSURD consequences, which they saw the other party inclined to draw +from this event. But it is evident that the present rights and +privileges of the people, who are a mixture of English and Normans, +can never be affected by a transaction, which passed seven hundred +years ago; and as all ancient authors [b] who lived nearest the time, +and best knew the state of the country, unanimously speak of the +Norman dominion as a conquest by war and arms, no reasonable man, from +the fear of imaginary consequences, will ever be tempted to reject +their concurring and undoubted testimony. +[FN [y] Hoveden, p. 600. [z] H. Hunt. p. 370. Brompton, p. 980. [a] +So late as the reign of King Stephen, the Earl of Albemarle, before +the battle of the Standard, addressed the officers of his army in +these terms, PROCERES ANGLIAE CLARISSIMI ET GENERE NORMANNI, &c. +Brompton, p. 1026. See farther Abbas Rieval, p. 339, &c. All the +barons and military men of England still called themselves Normans. +[b] See note [L], at the end of the volume.] + +King William had issue, besides his three sons who survived him, five +daughters, to wit, (1.) Cicely, a nun in the monastery of Feschamp, +afterwards abbess in the Holy Trinity at Caen, where she died in 1127. +(2.) Constantia, married to Alan Fergent, Earl of Britany. She died +without issue. (3.) Alice, contracted to Harold. (4.) Adela, married +to Stephen, Earl of Blois, by whom she had four sons, William, +Theobald, Henry, and Stephen; of whom the elder was neglected on +account of the imbecility of his understanding. (5.) Agatha, who died +a virgin, but was betrothed to the King of Gallicia. She died on her +journey thither, before she joined her bridegroom. + + + + +CHAPTER V. + +WILLIAM RUFUS. + +ACCESSION OF WILLIAM RUFUS.--CONSPIRACY AGAINST THE KING.—INVASION OF +NORMANDY.--THE CRUSADES.--ACQUISITION OF NORMANDY.—QUARREL WITH +ANSELM, THE PRIMATE.--DEATH AND CHARACTER OF WILLIAM RUFUS + + + +[MN 1087. Accession of William Rufus.] +William, surnamed RUFUS, or the RED, from the colour of his hair, had +no sooner procured his father's recommendatory letter to Lanfranc, the +primate, than he hastened to take measures for securing to himself the +government of England. Sensible that a deed so unformal, and so +little prepared, which violated Robert's right of primogeniture, might +meet with great opposition, he trusted entirely for success to his own +celerity; and having left St. Gervas, while William was breathing his +last, he arrived in England before intelligence of his father's death +had reached that kingdom [a]. Pretending orders from the king, he +secured the fortresses of Dover, Pevensey, and Hastings, whose +situation rendered them of the greatest importance; and he got +possession of the royal treasure at Winchester, amounting to the sum +of sixty thousand pounds, by which he hoped to encourage and increase +his partisans [b]. The primate, whose rank and reputation in the +kingdom gave him great authority, had been intrusted with the care of +his education, and had conferred on him the honour of knighthood [c]; +and being connected with him by these ties, and probably deeming his +pretensions just, declared that he would pay a willing obedience to +the last will of the Conqueror, his friend and benefactor. Having +assembled some bishops, and some of the principal nobility, he +instantly proceeded to the ceremony of crowning the new king [d]; and +by this despatch endeavoured to prevent all faction and resistance. +At the same time Robert, who had been already acknowledged successor +to Normandy, took peaceable possession of that duchy. +[FN [a] W. Malmes, p. 120. M. Paris, p. 10. [b] Chron. Sax. p. 192. +Brompton, p. 983. [c] W. Malmes. p. 120. M. Paris, p. 10. Thom. +Rudborne, p. 263. [d] Hoveden, p. 461.] + +[MN 1087. Conspiracy against the king.] +But though this partition appeared to have been made without any +violence or opposition, there remained in England many causes of +discontent, which seemed to menace that kingdom with a sudden +revolution. The barons, who generally possessed large estates both in +England and in Normandy, were uneasy at the separation of those +territories; and foresaw, that as it would be impossible for them to +preserve long their allegiance to two masters, they must necessarily +resign either their ancient patrimony or their new acquisitions [e]. +Robert’s title to the duchy they esteemed incontestable; his claim to +the kingdom plausible; and they all desired that this prince, who +alone had any pretensions to unite these states, should be put in +possession of both. A comparison also of the personal qualities of +the two brothers led them to give the preference to the elder. The +duke was brave, open, sincere, generous: even his predominant faults, +his extreme indolence and facility, were not disagreeable to those +haughty barons, who affected independence, and submitted with +reluctance to a vigorous administration in their sovereign. The king, +though equally brave, was violent, haughty, tyrannical, and seemed +disposed to govern more by the fear than by the love of his subjects. +Odo, Bishop of Baieux, and Robert, Earl of Mortaigne, maternal +brothers of the Conqueror, envying the great credit of Lanfranc, which +was increased by his late services, enforced all these motives with +their partisans, and engaged them in a formal conspiracy to dethrone +the king. They communicated their design to Eustace, Count of +Boulogne; Roger, Earl of Shrewsbury and Arundel; Robert de Belesme, +his eldest son; William, Bishop of Durham; Robert de Moubray; Roger +Bigod; Hugh de Grentmesnil; and they easily procured the assent of +these potent noblemen. The conspirators, retiring to their castles, +hastened to put themselves in a military posture; and expecting to be +soon supported by a powerful army from Normandy, they had already +begun hostilities in many places. +[FN [e] Order. Vital. p. 666.] + +The king, sensible of his perilous situation, endeavoured to engage +the affections of the native English. As that people were now so +thoroughly subdued that they no longer aspired to the recovery of +their ancient liberties, and were content with the prospect of some +mitigation in the tyranny of the Norman princes, they zealously +embraced William's cause, upon receiving general promises of good +treatment, and of enjoying the license of hunting in the royal +forests. The king was soon in a situation to take the field; and as +he knew the danger of delay, he suddenly marched into Kent; where his +uncles had already seized the fortresses of Pevensey and Rochester. +These places he successively reduced by famine; and though he was +prevailed on by the Earl of Chester, William de Warenne, and Robert +Fitz-Hammon, who had embraced his cause, to spare the lives of the +rebels, he confiscated all their estates, and banished them the +kingdom [f]. This success gave authority to his negotiations with +Roger, Earl of Shrewsbury, whom he detached from the confederates; and +as his powerful fleet, joined to the indolent conduct of Robert, +prevented the arrival of the Norman succours, all the other rebels +found no resource but in flight or submission. Some of them received +a pardon; but the greater part were attainted; and the king bestowed +their estates on the Norman barons, who had remained faithful to him. +[FN [f] Chron. Sax. p. 195. Order. Vital. p. 668.] + +[MN 1089.] William, freed from the danger of these insurrections, +took little care of fulfilling his promises to the English, who still +found themselves exposed to the same oppresions which they had +undergone during the reign of the Conqueror, and which were rather +augmented by the insolent impetuous temper of the present monarch. +The death of Lanfranc, who retained great influence over him, gave +soon after a full career to his tyranny; and all orders of men found +reason to complain of an arbitrary and illegal administration. Even +the privileges of the church, held sacred in those days, were a feeble +rampart against his usurpations. He seized the temporalities of all +the vacant bishoprics and abbeys; he delayed the appointment of +successors to those dignities, that he might the longer enjoy the +profits of their revenue; he bestowed some of the church lands in +property on his captains and favourites; and he openly set to sale +such sees and abbeys as he thought proper to dispose of. Though the +murmurs of the ecclesiastics; which were quickly propagated to the +nation, rose high against this grievance, the terror of William's +authority, confirmed by the suppression of the late insurrections, +retained every one in subjection, and preserved general tranquillity +in England. + +[MN 1090. Invasion of Normandy.] +The king even thought himself enabled to disturb his brother in the +possession of Normandy. The loose and negligent administration of +that prince had emboldened the Norman barons to affect a great +independency; and their mutual quarrels and devastations had rendered +the whole territory a scene of violence and outrage. Two of them, +Walter and Odo, were bribed by William to deliver the fortresses of +St. Valori and Albemarle into his hands: others soon after imitated +the example of revolt; while Philip, King of France who ought to have +protected his vassal in the possession of his fief, was, after making +some efforts in his favour, engaged by large presents to remain +neuter. The duke had also reason to apprehend danger from the +intrigues of his brother Henry. This young prince, who had inherited +nothing of his father's great possessions, but some of his money, had +furnished Robert, while he was making his preparations against +England, with the sum of three thousand marks; and in return for so +slender a supply, had been put in possession of the Cotentin, which +comprehended near a third of the duchy of Normandy. Robert +afterwards, upon some suspicion, threw him into prison; but finding +himself exposed to invasion from the King of England, and dreading the +conjunction of the two brothers against him, he now gave Henry his +liberty, and even made use of his assistance in suppressing the +insurrections of his rebellious subjects. Conan, a rich burgess of +Rouen, had entered into a conspiracy to deliver that city to William; +but Henry, on the detection of his guilt, carried the traitor up to a +high tower, and with his own hands flung him from the battlements. + +The king appeared in Normandy at the head of an army; and affairs +seemed to have come to extremity between the brothers; when the +nobility on both sides, strongly connected by interest and alliances, +interposed and mediated an accommodation. The chief advantage of this +treaty accrued to William, who obtained possession of the territory of +Eu, the towns of Aumale, Fescamp, and other places; but in return, he +promised that he would assist his brother in subduing Maine, which had +rebelled; and that the Norman barons, attainted in Robert's cause, +should be restored to their estates in England. The two brothers also +stipulated, that on the demise of either without issue, the survivor +should inherit all his dominions; and twelve of the most powerful +barons on each side swore, that they would employ their power to +ensure the effectual execution of the whole treaty [g]: a strong proof +of the great independence and authority of the nobles in those ages! +[FN [g] Chron. Sax. p. 197. W. Malmes. p. 121. Hoveden, p. 462. M. +Paris, p. 11. Annal. Waverl. p. 137. W. Heming. p. 463. Sim. +Dunelm. p. 216. Brompton, p. 986.] + +Prince Henry, disgusted that so little care had been taken of his +interests in this accommodation, retired to St. Michael's Mount, a +strong fortress on the coast of Normandy, and infested the +neighbourhood with his incursions. Robert and William, with their +joint forces, besieged him in this place, and had nearly reduced him +by the scarcity of water; when the elder, hearing of his distress, +granted him permission to supply himself, and also sent him some pipes +of wine for his own table. Being reproved by William for this +ill-timed generosity, he replied, WHAT, SHALL I SUFFER MY BROTHER TO +DIE OF THIRST? WHERE SHALL WE FIND ANOTHER WHEN HE IS GONE? The king +also, during this siege, performed an act of generosity which was less +suitable to his character. Riding out one day alone, to take a survey +of the fortress, he was attacked by two soldiers and dismounted. One +of them drew his sword in order to despatch him; when the king +exclaimed, HOLD, KNAVE! I AM THE KING OF ENGLAND. The soldier +suspended his blow; and raising the king from the ground, with +expressions of respect, received a handsome reward, and was taken into +his service. Prince Henry was soon after obliged to capitulate; and +being despoiled of all his patrimony, wandered about for some time +with very few attendants, and often in great poverty. + +[MN 1091.] The continued intestine discord among the barons was alone +in that age destructive; the public wars were commonly short and +feeble, produced little bloodshed, and were attended with no memorable +event. To this Norman war, which was so soon concluded, there +succeeded hostilities with Scotland, which were not of longer +duration. Robert here commanded his brother's army, and obliged +Malcolm to accept of peace, and do homage to the crown of England. +This peace was not more durable. [MN 1093.] Malcolm, two years +after, levying an army, invaded England; and after ravaging +Northumberland, he laid siege to Alnwick, where a party of Earl +Moubray's troops falling upon him by surprise, a sharp action ensued, +in which Malcolm was slain. This incident interrupted for some years +the regular succession to the Scottish crown. Though Malcolm left +legitimate sons, his brother, Donald, on account of the youth of these +princes, was advanced to the throne; but kept not long possession of +it. Duncan, natural son of Malcolm, formed a conspiracy against him; +and being assisted by William with a small force, made himself master +of the kingdom. New broils ensued with Normandy. The frank, open, +remiss temper of Robert was ill fitted to withstand the interested, +rapacious character of William, who, supported by greater power, was +still encroaching on his brother's possessions, and instigating his +turbulent barons to rebellion against him. [MN 1094.] The king, +having gone over to Normandy to support his partisans, ordered an army +of twenty thousand men to be levied in England and to be conducted to +the sea-coast, as if they were instantly to be embarked. Here Ralph +Flambard, the king's minister, and the chief instrument of his +extortions, exacted ten shillings a-piece from them, in lieu of their +service, and then dismissed them into their several counties. This +money was so skilfully employed by William that it rendered him better +service than he could have expected from the army. He engaged the +French king by new presents to depart from the protection of Robert, +and he daily bribed the Norman barons to desert his service; but was +prevented from pushing his advantages by an incursion of the Welsh, +which obliged him to return to England. He found no difficulty in +repelling the enemy; but was not able to make any considerable +impression on a country guarded by its mountainous situation. [MN +1095.] A conspiracy of his own barons, which was detected at this +time, appeared a more serious concern, and engrossed all his +attention. Robert Moubray, Earl of Northumberland, was at the head +of this combination; and he engaged in it the Count d'Eu, Richard de +Tunbridge, Roger de Lacy, and many others. The purpose of the +conspirators was to dethrone the king, and to advance in his stead +Stephen, Count of Aumale, nephew to the Conqueror. William's despatch +prevented the design from taking effect, and disconcerted the +conspirators. Moubray made some resistance, but being taken prisoner, +was attainted, and thrown into confinement, where he died about thirty +years after. [MN 1096.] The Count d'Eu denied his concurrence in the +plot; and to justify himself, fought, in the presence of the court at +Windsor, a duel with Geoffrey Bainard, who accused him. But being +worsted in the combat, he was condemned to be castrated, and to have +his eyes put out. William de Alderi, another conspirator, was +supposed to be treated with more rigour, when he was sentenced to be +hanged. + +[MN The Crusades.] +But the noise of these petty wars and commotions was quite sunk in the +tumult of the crusades, which now engrossed the attention of Europe, +and have ever since engaged the curiosity of mankind, as the most +signal and most durable monument of human folly that has yet appeared +in any age or nation. After Mahomet had, by means of his pretended +revelations, united the dispersed Arabians under one head, they issued +forth from their deserts in great multitudes; and being animated with +zeal for their new religion, and supported by the vigour of their new +government, they made deep impression on the eastern empire, which was +far in the decline, with regard both to military discipline and to +civil policy. Jerusalem, by its situation, became one of their most +early conquests; and the Christians had the mortification to see the +holy sepulchre, and the other places, consecrated by the presence of +their religious founder, fallen into the possession of infidels. But +the Arabians or Saracens were so employed in military enterprises, by +which they spread their empire, in a few years, from the banks of the +Ganges to the Straits of Gibraltar, that they had no leisure for +theological controversy; and though the Alcoran, the original monument +of their faith, seems to contain some violent precepts, they were much +less infected with the spirit of bigotry and persecution than the +indolent and speculative Greeks, who were continually refining on the +several articles of their religious system. They gave little +disturbance to those zealous pilgrims who daily flocked to Jerusalem; +and they allowed every man, after paying a moderate tribute, to visit +the holy sepulchre, to perform his religious duties, and to return in +peace. But the Turcomans or Turks, a tribe of Tartars, who had +embraced Mahometanism, having wrested Syria from the Saracens, and +having, in the year 1065, made themselves masters of Jerusalem, +rendered the pilgrimage much more difficult and dangerous to the +Christians. The barbarity of their manners, and the confusions +attending their unsettled government, exposed the pilgrims to many +insults, robberies, and extortions; and these zealots, returning from +their meritorious fatigues and sufferings, filled all Christendom with +indignation against the infidels, who profaned the holy city by their +presence, and derided the sacred mysteries in the very place of their +completion. Gregory VII., among the other vast ideas which he +entertained, had formed the design of uniting all the western +Christians against the Mahometans; but the egregious and violent +invasions of that pontiff on the civil power of princes had created +him so many enemies, and had rendered his schemes so suspicious, that +he was not able to make great progress in this undertaking. The work +was reserved for a meaner instrument, whose low condition in life +exposed him to no jealousy, and whose folly was well calculated to +coincide with the prevailing principles of the times. + +Peter, commonly called the Hermit, a native of Amiens in Picardy, had +made the pilgrimage to Jerusalem. Being deeply affected with the +dangers to which that act of piety now exposed the pilgrims, as well +as with the instances of oppression under which the eastern Christians +laboured, he entertained the bold, and in all appearance +impracticable, project of leading into Asia, from the farthest +extremities of the West, armies sufficient to subdue those potent and +warlike nations which now held the holy city in subjection [h]. He +proposed his views to Martin II., who filled the papal chair, and who, +though sensible of the advantages which the head of the Christian +religion must reap from a religious war, and though he esteemed the +blind zeal of Peter a proper means for effecting the purpose [i], +resolved not to interpose his authority, till he saw a greater +probability of success. He summoned a council at Placentia, which +consisted of four thousand ecclesiastics, and thirty thousand +seculars; and which was so numerous that no hall could contain the +multitude, and it was necessary to hold the assembly in a plain. The +harangues of the pope, and of Peter himself, representing the dismal +situation of their brethren in the East, and the indignity suffered by +the Christian name, in allowing the holy city to remain in the hands +of infidels, here found the minds of men so well prepared, that the +whole multitude, suddenly and violently, declared for the war, and +solemnly devoted themselves to perform this service, so meritorious, +as they believed it, to God and religion. +[FN [h] Gul. Tyrius, lib. 1. cap. 11. M. Paris, p. 17. [i] Gul. +Tyrius, lib. 1. cap. 13.] + +But though Italy seemed thus to have zealously embraced the +enterprise, Martin knew that, in order to ensure success, it was +necessary to enlist the greater and more warlike nations in the same +engagement; and having previously exhorted Peter to visit the chief +cities and sovereigns of Christendom, he summoned another council at +Clermont in Auvergne [k]. The fame of this great and pious design +being now universally diffused, procured the attendance of the +greatest prelates, nobles, and princes; and when the pope and the +Hermit renewed their pathetic exhortations, the whole assembly, as if +impelled by an immediate inspiration, not moved by their preceding +impressions, exclaimed with one voice, IT IS THE WILL OF GOD! IT IS +THE WILL OF GOD! Words deemed so memorable, and so much the result of +a divine influence, that they were employed as the signal of +rendezvous and battle in all the future exploits of those adventurers +[l]. Men of all ranks flew to arms with the utmost ardour; and an +exterior symbol too, a circumstance of chief moment, was here chosen +by the devoted combatants. The sign of the cross, which had been +hitherto so much revered among Christians, and which, the more it was +an object of reproach among the pagan world, was the more passionately +cherished by them, became the badge of union, and was affixed to the +right shoulder, by all who enlisted themselves in this sacred warfare +[m]. +[FN [k] Concil. tom. x. Concil. Clarom. Matth. Paris, p. 16. M. +West. p. 233. [l] Historia Bell. Sacri, tom. i. Musaei Ital. [m] +Hist. Bell. Sacri, tom. i. Mus. Ital. Order. Vital. p. 721.] + +Europe was at this time sunk into profound ignorance and superstition: +the ecclesiastics had acquired the greatest ascendant over the human +mind: the people, who, being little restrained by honour, and less by +law, abandoned themselves to the worst crimes and disorders, knew of +no other expiation than the observances imposed on them by their +spiritual pastors; and it was easy to represent the holy war as an +equivalent for all penances [n], and an atonement for every violation +of justice and humanity. But, amidst the abject superstition which +now prevailed, the military spirit also had universally diffused +itself; and though not supported by art or discipline, was become the +general passion of the nations governed by the feudal law. All the +great lords possessed the right of peace and war: they were engaged in +perpetual hostilities with each other: the open country was become a +scene of outrage and disorder: the cities, still mean and poor, were +neither guarded by walls, nor protected by privileges, and were +exposed to every insult: individuals were obliged to depend for safety +on their own force, or their private alliances: and valour was the +only excellence which was held in esteem, or gave one man the +pre-eminence above another. When all the particular superstitions, +therefore, were here united in one great object, the ardour for +military enterprises took the same direction; and Europe, impelled by +its two ruling passions, was loosened, as it were, from its +foundations, and seemed to precipitate itself in one united body upon +the East. +[FN [n] Order. Vital. p. 720.] + +All orders of men, deeming the crusades the only road to Heaven, +enlisted themselves under these sacred banners, and were impatient to +open the way with their sword to the holy city. Nobles, artisans, +peasants, even priests [o], enrolled their names; and to decline this +meritorious service, was branded with the reproach of impiety, or what +perhaps was esteemed still more disgraceful, of cowardice and +pusillanimity [p]. The infirm and aged contributed to the expedition +by presents and money; and many of them, not satisfied with the merit +of this atonement, attended it in person, and were determined, if +possible, to breathe their last in sight of that city where their +Saviour had died for them. Women themselves, concealing their sex +under the disguise of armour, attended the camp; and commonly forgot +still more the duty of their sex, by prostituting themselves, without +reserve, to the army [q]. The greatest criminals were forward in a +service which they regarded as a propitiation for all crimes; and the +most enormous disorders were, during the course of those expeditions, +committed by men inured to wickedness, encouraged by example, and +impelled by necessity. The multitude of the adventurers soon became +so great, that their more sagacious leaders, Hugh, Count of +Vermandois, brother to the French king, Raymond, Count of Toulouse, +Godfrey of Bouillon, Prince of Brabant, and Stephen, Count of Blois, +became apprehensive lest the greatness itself of the armament should +disappoint its purpose; and they permitted an undisciplined multitude, +computed at three hundred thousand men, to go before them, under the +command of Peter the Hermit, and Walter the Moneyless [s]. These men +took the road towards Constantinople through Hungary and Bulgaria; and +trusting that Heaven, by supernatural assistance, would supply all +their necessities, they made no provision for subsistence on their +march. They soon found themselves obliged to obtain by plunder what +they had vainly expected from miracles; and the enraged inhabitants of +the countries through which they passed, gathering together in arms, +attacked the disorderly multitude, and put them to slaughter without +resistance. The more disciplined armies followed after; and passing +the straits at Constantinople, they were mustered in the plains of +Asia, and amounted in the whole to the number of seven hundred +thousand combatants [t]. +[FN [o] Order. Vital. p. 720. [p] W. Malm. p. 133. [q] Vertot, Hist. +de Chev. de Malte, vol. i. p. 46. [r] Sim. Dunelm. p. 222. [s] +Matth. Paris, p. 17. [t] Matth. Paris, p. 20, 21.] + +Amidst this universal frenzy, which spread itself by contagion +throughout Europe, especially in France and Germany, men were not +entirely forgetful of their present interests; and both those who went +on this expedition, and those who stayed behind, entertained schemes +of gratifying, by its means, their avarice or their ambition. The +nobles who enlisted themselves were moved, from the romantic spirit of +the age, to hope for opulent establishments in the East, the chief +seat of arts and commerce during those ages; and in pursuit of these +chimerical projects, they sold at the lowest price their ancient +castles and inheritances, which had now lost all value in their eyes. +The greater princes, who remained at home, besides establishing peace +in their dominions by giving occupation abroad to the inquietude and +martial disposition of their subjects, took the opportunity of +annexing to their crown many considerable fiefs, either by purchase, +or by the extinction of heirs. The pope frequently turned the zeal of +the crusaders from the infidels against his own enemies, whom he +represented as equally criminal with the enemies of Christ. The +convents and other religious societies bought the possessions of the +adventurers, and as the contributions of the faithful were commonly +intrusted to their management, they often diverted to this purpose +what was intended to be employed against the infidels [u]. But no one +was a more immediate gainer by this epidemic fury than the King of +England, who kept aloof from all connexions with those fanatical and +romantic warriors. +[FN [u] Padre Paolo Hist. delle benef. ecclesiast. p. 128.] + +[MN Acquisition of Normandy.] +Robert, Duke of Normandy, impelled by the bravery and mistaken +generosity of his spirit, had early enlisted himself in the crusade; +but being always unprovided with money, he found that it would be +impracticable for him to appear in a manner suitable to his rank and +station, at the head of his numerous vassals and subjects, who, +transported with the general rage, were determined to follow him into +Asia. He resolved, therefore, to mortgage, or rather to sell his +dominion; which he had not talents to govern; and he offered them to +his brother William for the very unequal sum of ten thousand marks +[w]. The bargain was soon concluded: the king raised the money by +violent extortions on his subjects of all ranks, even on the convents, +who were obliged to melt their plate in order to furnish the quota +demanded of them [x]: he was put in possession of Normandy and Maine, +and Robert, providing himself with a magnificent train, set out for +the Holy Land, in pursuit of glory, and in full confidence of securing +his eternal salvation. +[FN [w] W. Malm. p. 123. Chron. T. Wykes. p. 24. Annal. Waverl. p. +139. W. Heming. p. 467. Flor. Wig. p. 648. Sim. Dunelm. p. 222. +Knyghton, p. 2564. [x] Eadmer, p. 35. W. Malm. p. 123. W. Heming. +p. 467.] + +The smallness of this sum, with the difficulties which William found +in raising it, suffices alone to refute the account which is +heedlessly adopted by historians, of the enormous revenue of the +Conqueror. Is it credible that Robert would consign to the rapacious +hands of his brother such considerable dominion, for a sum, which, +according to that account, made not a week's income of his father's +English revenue alone? Or that the King of England could not on +demand, without oppressing his subjects, have been able to pay him the +money? The Conqueror, it is agreed, was frugal as well as rapacious; +yet his treasure, at his death, exceeded not sixty thousand pounds, +which hardly amounted to his income for two months: another certain +refutation of that exaggerated account. + +The fury of the crusades, during this age, less infected England than +the neighbouring kingdoms; probably because the Norman conquerors, +finding their settlement in that kingdom still somewhat precarious, +durst not abandon their homes in quest of distant adventures. The +selfish interested spirit also of the king, which kept him from +kindling in the general flame, checked its progress among his +subjects: and as he is accused of open profaneness [y], and was endued +with a sharp wit [z], it is likely that he made the romantic chivalry +of the crusaders the object of his perpetual raillery. As an instance +of his irreligion, we are told, that he once accepted of sixty marks +from a Jew, whose son had been converted to Christianity, and who +engaged him by that present to assist him in bringing back the youth +to Judaism. William employed both menaces and persuasion for that +purpose; but finding the convert obstinate in his new faith, he sent +for the father and told him, that as he had not succeeded, it was not +just that he should keep the present; but as he had done his utmost, +it was but equitable that he should be paid for his pains; and he +would therefore retain only thirty marks of the money [a]. At another +time, it is said, he sent for some learned Christian theologians and +some rabbies, and bade them fairly dispute the question of their +religion in his presence: he was perfectly indifferent between them; +had his ears open to reason and conviction; and would embrace that +doctrine which upon comparison should be found supported by the most +solid arguments [b]. If this story be true, it is probable that he +meant only to amuse himself by turning both into ridicule: but we must +be cautious of admitting every thing related by the monkish historians +to the disadvantage of this prince: he had the misfortune to be +engaged in quarrels with the ecclesiastics, particularly with Anselm, +commonly called St. Anselm, Archbishop of Canterbury; and it is no +wonder his memory should be blackened by the historians of that order. +[FN [y] G. Newbr. p. 358. W. Gemet. p. 292. [z] W. Malm. p. 122. +[a] Eadmer, p. 47. [b] W. Malm. p. 123.] + +[MN Quarrel the Anselm, the primate.] +After the death of Lanfranc, the king, for several years, retained in +his own hands the revenues of Canterbury, as he did those of many +other vacant bishoprics; but falling into a dangerous sickness, he was +seized with remorse, and the clergy represented to him, that he was in +danger of eternal perdition, if before his death he did not make +atonement for those multiplied impieties and sacrileges of which he +had been guilty [c]. He resolved therefore to supply instantly the +vacancy of Canterbury; and for that purpose he sent for Anselm, a +Piedmontese by birth, Abbot of Bec in Normandy, who was much +celebrated for his learning and piety. The abbot earnestly refused +the dignity, fell on his knees, wept, and entreated the king to change +his purpose [d]; and when he found the prince obstinate in forcing the +pastoral staff upon him, he kept his fist so fast clenched, that it +required the utmost violence of the bystanders to open it, and force +him to receive that ensign of spiritual dignity [e]. William soon +after recovered; and his passions regaining their wonted vigour, he +returned to his former violence and rapine. He detained in prison +several persons whom he had ordered to be freed during the time of his +penitence; he still preyed upon the ecclesiastical benefices; the sale +of spiritual dignities continued as open as ever; and he kept +possession of a considerable part of the revenues belonging to the see +of Canterbury [f]. But he found in Anselm that persevering opposition +which he had reason to expect from the ostentatious humility which +that prelate had displayed in refusing his promotion. +[FN [c] Eadmer, p. 16. Chron. Sax. p. 198. [d] Eadmer, p. 17. +Diceto, p. 494. [e] Eadmer, p. 18. [f] Eadmer, p. 19, 43. Chron. +Sax. p. 119.] + +The opposition made by Anselm was the more dangerous on account of the +character of piety which he soon acquired in England by his great zeal +against all abuses, particularly those in dress and ornament. There +was a mode, which, in that age, prevailed throughout Europe, both +among men and women, to give an enormous length to their shoes, to +draw the toe to a sharp point, and to affix to it the figure of a +bird's bill, or some such ornament, which was turned upwards, and +which was often sustained by gold or silver chains tied to the knee +[g]. The ecclesiastics took exception at this ornament, which they +said was an attempt to belie the scripture, where it is affirmed, that +no man can add a cubit to his stature; and they declaimed against it +with great vehemence, nay, assembled some synods, who absolutely +condemned it. But, such are the strange contradictions in human +nature! though the clergy, at that time, could overturn thrones, and +had authority sufficient to send above a million of men on THEIR +errand to the deserts of Asia, they could never prevail against these +long pointed shoes: on the contrary, that caprice, contrary to all +other modes, maintained its ground during several centuries; and if +the clergy had not at last desisted from their persecution of it, it +might still have been the prevailing fashion in Europe. +[FN [g] Order. Vital. p. 682. W. Malmes. p. 123. Knyghton, p. 2369.] + +But Anselm was more fortunate in decrying the particular mode which +was the object of his aversion, and which probably had not taken such +fast hold of the affections of the people. He preached zealously +against the long hair and curled locks which were then fashionable +among the courtiers; he refused the ashes on Ash-Wednesday to those +who were so accoutred; and his authority and eloquence had such +influence, that the young men universally abandoned that ornament, and +appeared in the cropped hair, which was recommended to them by the +sermons of the primate. The noted historian of Anselm, who was also +his companion and secretary, celebrates highly this effort of his zeal +and piety [h]. +[FN [h] Eadmer, p. 23.] + +When William's profaneness therefore returned to him with his health, +he was soon engaged in controversies with this austere prelate. There +was at that time a schism in the church between Urban and Clement, who +both pretended to the papacy [i]; and Anselm, who, as Abbot of Bec, +had already acknowledged the former, was determined, without the +king's consent, to introduce his authority into England [k]. William, +who, imitating his father's example, had prohibited his subjects from +recognizing any pope whom he had not previously received, was enraged +at this attempt; and summoned a synod at Rockingham, with an intention +of deposing Anselm: but the prelate's suffragans declared, that +without the papal authority, they knew of no expedient for inflicting +that punishment on their primate [l]. The king was at last engaged by +other motives to give the preference to Urban's title: Anselm received +the pall from that pontiff; and matters seemed to be accommodated +between the king and the primate [m], when the quarrel broke out +afresh from a new cause. William had undertaken an expedition against +Wales, and required the archbishop to furnish his quota of soldiers +for that service; but Anselm, who regarded the demand as an oppression +on the church, and yet durst not refuse compliance, sent them so +miserably accoutred, that the king was extremely displeased, and +threatened him with a prosecution [n]. Anselm, on the other hand, +demanded positively that all the revenues of his see should be +restored to him; appealed to Rome against the king's injustice [o]; +and affairs came to such extremities, that the primate, finding it +dangerous to remain in the kingdom, desired and obtained the king's +permission to retire beyond sea. All his temporalities were seized +[p]; but he was received with great respect by Urban, who considered +him as a martyr in the cause of religion, and even menaced the king on +account of his proceedings against the primate and the church, with +the sentence of excommunication. Anselm assisted at the council of +Bari, where, besides fixing the controversy between the Greek and +Latin churches, concerning the procession of the Holy Ghost [q], the +right of election to church preferments was declared to belong to the +clergy alone, and spiritual censures were denounced against all +ecclesiastics, who did homage to laymen for their sees or benefices, +and against all laymen who exacted it [r]. The right of homage, by +the feudal customs, was, that the vassal should throw himself on his +knees, should put his joined hands between those of his superior, and +should in that posture swear fealty to him [s]. But the council +declared it execrable, that pure hands, which could create God, and +could offer him up as a sacrifice for the salvation of mankind, should +be put, after this humiliating manner, between profane hands, which, +besides being inured to rapine and bloodshed, were employed day and +night in impure purposes, and obscene contacts [t]. Such were the +reasonings prevalent in that age; reasonings which, though they cannot +be passed over in silence, without omitting the most curious, and +perhaps not the least instructive part of history, can scarcely be +delivered with the requisite decency and gravity. +[FN [i] Hoveden, p. 463. [k] Eadmer, p. 25. M. Paris, p. 13. +Diceto, p. 494. Spellm. Conc. vol ii. p. 16. [l] Eadmer, p. 30. [m] +Diceto, p. 495. [n] Eadmer, p. 37, 43. [o] Ibid. p. 40. [p] M. +Paris, p. 13. Parker, p. 178. [q] Eadmer, p. 49. M. Paris, p. 13. +Sim. Dun. p. 224. [r] M. Paris, p. 14. [s] Spellman, Du Cange, in +verb. HOMINIUM. [t] W. Heming. p. 467. Flor. Wigorn. p. 649. Sim. +Dunelm. p. 224. Brompton, p. 994.] + +[MN 1097.] The cession of Normandy and Maine by Duke Robert increased +the king's territories; but brought him no great increase of power, +because of the unsettled state of those countries, the mutinous +disposition of the barons, and the vicinity of the French king, who +supported them in all their insurrections. Even Helie, Lord of La +Fleche, a small town in Anjou, was able to give him inquietude; and +this great monarch was obliged to make several expeditions abroad, +without being able to prevail over so petty a baron, who had acquired +the confidence and affections of the inhabitants of Maine. He was, +however, so fortunate as at last to take him prisoner in a rencounter; +but having released him at the intercession of the French king and the +Count of Anjou, he found the province of Maine still exposed to his +intrigues and incursions. Helie, being introduced by the citizens +into the town of Mans, besieged the garrison in the citadel: [MN +1099.] William, who was hunting in the new forest when he received +intelligence of this hostile attempt, was so provoked, that he +immediately turned his horse, and galloped to the sea-shore at +Dartmouth; declaring, that he would not stop a moment till he had +taken vengeance for the offence. He found the weather so cloudy and +tempestuous, that the mariners thought it dangerous to put to sea: but +the king hurried on board, and ordered them to set sail instantly; +telling them, that they never yet heard of a king that was drowned +[u]. By this vigour and celerity, he delivered the citadel of Mans +from its present danger: and pursuing Helie into his own territories, +he laid siege to Majol, a small castle in those parts: [MN 1100.] but +a wound, which he received before this place, obliged him to raise the +siege; and he returned to England. +[FN [u] W. Malm. p. 124. H. Hunt. p. 378. M. Paris, p. 36. Ypod. +Neust p. 442.] + +The weakness of the greatest monarchs, during this age, in their +military expeditions against their nearest neighbours, appears the +more surprising, when we consider the prodigious numbers which even +petty princes, seconding the enthusiastic rage of the people, were +able to assemble, and to conduct in dangerous enterprises to the +remote provinces of Asia. William, Earl of Poitiers and Duke of +Guienne, inflamed with the glory, and not discouraged by the +misfortunes, which had attended the former adventurers in the +crusades, had put himself at the head of an immense multitude, +computed by some historians to amount to sixty thousand horse, and a +much greater number of foot [w], and he purposed to lead them into the +Holy Land against the infidels. He wanted money to forward the +preparations requisite for this expedition, and he offered to mortgage +all his dominions to William, without entertaining any scruple on +account of that rapacious and iniquitous hand to which he resolved to +consign them [x]. The king accepted the offer, and had prepared a +fleet and an army, in order to escort the money, and take possession +of the rich provinces of Guienne and Poictou; [MN 2d August.] when an +accident put an end to his life, and to all his ambitious projects. +He was engaged in hunting, the sole amusement, and indeed the chief +occupation of princes in those rude times, when society was little +cultivated, and the arts afforded few objects worthy of attention. +Walter Tyrrel, a French gentleman, remarkable for his address in +archery, attended him in this recreation, of which the new forest was +the scene; and as William had dismounted after a chase, Tyrrel, +impatient to show his dexterity, let fly an arrow at a stag, which +suddenly started before him. The arrow, glancing from a tree, struck +the king in the breast, and instantly slew him [y]; while Tyrrel, +without informing any one of the accident, put spurs to his horse, +hastened to the sea-shore, embarked for France, and joined the crusade +in an expedition to Jerusalem; a penance which he imposed on himself +for this involuntary crime. The body of William was found in the +forest by the country people, and was buried without any pomp or +ceremony at Winchester. His courtiers were negligent in performing +the last duties to a master who was so little beloved; and every one +was too much occupied in the interesting object of fixing his +successor, to attend the funeral of a dead sovereign. +[FN [w] W. Malm. p. 149. The whole is said by Order. Vital., p. 789, +to amount to three hundred thousand men. [x] W. Malmes. p. 127. [y] +Ibid. p. 126. H. Hunt. p. 378. M. Paris, p. 37. Petr. Blois, p. +110.] + +[MN Death and character of William Rufus.] +The memory of this monarch is transmitted to us with little advantage +by the churchmen, whom he had offended; and though we may suspect, in +general, that their account of his vices is somewhat exaggerated, his +conduct affords little reason for contradicting the character which +they have assigned him, or for attributing to him any very estimable +qualities. He seems to have been a violent and tyrannical prince; a +perfidious, encroaching, and dangerous neighbour; an unkind and +ungenerous relation. He was equally prodigal and rapacious in the +management of his treasury; and if he possessed abilities, he lay so +much under the government of impetuous passions, that he made little +use of them in his administration; and he indulged, without reserve, +that domineering policy, which suited his temper, and which, if +supported, as it was in him, with courage and vigour, proves often +more successful in disorderly times, than the deepest foresight and +most refined artifice. + +The monuments which remain of this prince in England, are the Tower, +Westminster-hall, and London-bridge, which he built. The most +laudable foreign enterprise which he undertook, was the sending of +Edgar Atheling, three years before his death, into Scotland with a +small army, to restore Prince Edgar, the true heir of that kingdom, +son of Malcolm, and of Margaret, sister of Edgar Atheling; and the +enterprise proved successful. It was remarked in that age, that +Richard, an elder brother of William's, perished by an accident in the +new forest; Richard, his nephew, natural son of Duke Robert, lost his +life in the same place, after the same manner; and all men, upon the +king's fate, exclaimed, that, as the Conqueror had been guilty of +extreme violence, in expelling all the inhabitants of that large +district to make room for his game, the just vengeance of Heaven was +signalized, in the same place, by the slaughter of his posterity. +William was killed in the thirteenth year of his reign, and about the +fortieth of his age. As he was never married, he left no legitimate +issue. + +In the eleventh year of this reign, Magnus, King of Norway, made a +descent on the Isle of Anglesea, but was repulsed by Hugh, Earl of +Shrewsbury. This is the last attempt made by the northern nations +upon England. That restless people seem about this time to have +learnt the practice of tillage, which thenceforth kept them at home, +and freed the other nations of Europe from the devastations spread +over them by those piratical invaders. This proved one great cause of +the subsequent settlement and improvement of the southern nations. + + + + +CHAPTER VI. + +HENRY I. + +THE CRUSADES.--ACCESSION OF HENRY.--MARRIAGE OF THE KING.--INVASION BY +DUKE ROBERT.--ACCOMMODATION WITH ROBERT.—ATTACK OF NORMANDY.--CONQUEST +OF NORMANDY.--CONTINUATION OF THE QUARREL WITH ANSELM, THE PRIMATE.-- +COMPROMISE WITH HIM.—WARS ABROAD.--DEATH OF PRINCE WILLIAM.--KING'S +SECOND MARRIAGE.--DEATH AND CHARACTER OF HENRY + + + +[MN 1100. The Crusades.] +After the adventurers in the holy war were assembled on the banks of +the Bosphorus, opposite to Constantinople, they proceeded on their +enterprise; but immediately experienced those difficulties which their +zeal had hitherto concealed from them, and for which, even if they had +foreseen them, it would have been almost impossible to provide a +remedy. The Greek emperor, Alexius Comnenus, who had applied to the +western Christians for succour against the Turks, entertained hopes, +and those but feeble ones, of obtaining such a moderate supply, as, +acting under his command, might enable him to repulse the enemy: but +he was extremely astonished to see his dominions overwhelmed, on a +sudden, by such an inundation of licentious barbarians, who, though +they pretended friendship, despised his subjects as unwarlike, and +detested them as heretical. By all the arts of policy, in which he +excelled, he endeavoured to divert the torrent; but while he employed +professions, caresses, civilities, and seeming services towards the +leaders of the crusade, he secretly regarded those imperious allies as +more dangerous than the open enemies by whom his empire had been +formerly invaded. Having effected that difficult point of +disembarking them safely in Asia, he entered into a private +correspondence with Soliman, Emperor of the Turks; and practised every +insidious art, which his genius, his power, or his situation enabled +him to employ, for disappointing the enterprise, and discouraging the +Latins from making thenceforward any such prodigious migrations. His +dangerous policy was seconded by the disorders inseparable from so +vast a multitude, who were not united under one head, and were +conducted by leaders of the most independent, intractable spirit, +unacquainted with military discipline, and determined enemies to civil +authority and submission. The scarcity of provisions, the excess of +fatigue, the influence of unknown climates, joined to the want of +concert in their operations, and to the sword of a warlike enemy, +destroyed the adventurers by thousands, and would have abated the +ardour of men impelled to war by less powerful motives. Their zeal, +however, their bravery, and their irresistible force, still carried +them forward, and continually advanced them to the great end of their +enterprise. After an obstinate siege they took Nice, the seat of the +Turkish empire; they defeated Soliman in two great battles; they made +themselves masters of Antioch; and entirely broke the force of the +Turks, who had so long retained those countries in subjection: the +Soldan of Egypt, whose alliance they had hitherto courted, recovered, +on the fall of the Turkish power, his former authority in Jerusalem; +and he informed them by his ambassadors, that if they came disarmed to +that city, they might now perform their religious vows, and that all +Christian pilgrims, who should thenceforth visit the holy sepulchre, +might expect the same good treatment which they had ever received from +his predecessors. The offer was rejected; the soldan was required to +yield up the city to the Christians; and on his refusal, the champions +of the Cross advanced to the siege of Jerusalem, which they regarded +as the consummation of their labours. By the detachments which they +had made, and the disasters which they had undergone, they were +diminished to the number of twenty thousand foot and fifteen hundred +horse; but these were still formidable, from their valour, their +experience, and the obedience which, from past calamities, they had +learned to pay to their leaders. After a siege of five weeks, they +took Jerusalem by assault; and, impelled by a mixture of military and +religious rage, they put the numerous garrison and inhabitants to the +sword without distinction. Neither arms defended the valiant, nor +submission the timorous: no age or sex was spared: infants on the +breast were pierced by the same blow with their mothers, who implored +for mercy: even a multitude, to the number of ten thousand persons, +who had surrendered themselves prisoners, and were promised quarter, +were butchered in cool blood by those ferocious conquerors [a]. The +streets of Jerusalem were covered with dead bodies [b]; and the +triumphant warriors, after every enemy was subdued and slaughtered, +immediately turned themselves, with the sentiments of humiliation and +contrition, towards the holy sepulchre. They threw aside their arms, +still streaming with blood: they advanced with reclined bodies, and +naked feet and heads, to the sacred monument: they sung anthems to +their Saviour who had there purchased their salvation by his death and +agony: and their devotion, enlivened by the presence of the place +where he had suffered, so overcame their fury, that they dissolved in +tears, and bore the appearance of every soft and tender sentiment. So +inconsistent is human nature with itself! and so easily does the most +effeminate superstition ally, both with the most heroic courage and +with the fiercest barbarity! +[FN [a] Vertot, vol. i. p. 57. [b] M. Paris, p. 34. Order. Vital. p. +756. Diceto, p. 498.] + +This great event happened on the 5th of July, in the last year of the +eleventh century. The Christian princes and nobles, after choosing +Godfrey of Bouillon King of Jerusalem, began to settle themselves in +their new conquests; while some of them returned to Europe, in order +to enjoy at home that glory which their valour had acquired them in +this popular and meritorious enterprise. Among these was Robert, Duke +of Normandy, who, as he had relinquished the greatest dominions of any +prince that attended the crusade, had all along distinguished himself +by the most intrepid courage, as well as by that affable disposition +and unbounded generosity which gain the hearts of soldiers, and +qualify a prince to shine in a military life. In passing through +Italy, he became acquainted with Sibylla, daughter of the Count of +Conversana, a young lady of great beauty and merit, whom he espoused: +indulging himself in this new passion, as well as fond of enjoying +ease and pleasure after the fatigues of so many rough campaigns, he +lingered a twelvemonth in that delicious climate; and though his +friends in the north looked every moment for his arrival, none of them +knew when they could with certainty expect it. By this delay he lost +the kingdom of England, which the great fame he had acquired during +the crusades, as well as his undoubted title, both by birth, and by +the preceding agreement with his deceased brother, would, had he been +present, have infallibly secured to him. + +[MN Accession of Henry.] +Prince Henry was hunting with Rufus in the new forest, when +intelligence of that monarch's death was brought him; and being +sensible of the advantage attending the conjuncture, he hurried to +Winchester, in order to secure the royal treasure, which he knew to be +a necessary implement for facilitating his designs on the crown. He +had scarcely reached the place when William of Breteuil, keeper of the +treasure, arrived, and opposed himself to Henry's pretensions. This +nobleman, who had been engaged in the same party of hunting, had no +sooner heard of his master's death, than he hastened to take care of +his charge; and he told the prince that this treasure, as well as the +crown, belonged to his elder brother, who was now his sovereign; and +that he himself, for his part, was determined, in spite of all other +pretensions, to maintain his allegiance to him. But Henry, drawing +his sword, threatened him with instant death if he dared to disobey +him; and as others of the late king's retinue, who came every moment +to Winchester, joined the prince's party, Breteuil was obliged to +withdraw his opposition, and to acquiesce in this insolence [c]. +[FN [c] Order. Vital. p. 782.] + +Henry, without losing a moment, hastened with the money to London; and +having assembled some noblemen and prelates, whom his address, or +abilities, or presents, gained to his side, he was suddenly elected, +or rather saluted, king, and immediately proceeded to the exercise of +royal authority. In less than three days after his brother's death, +the ceremony of his coronation was performed by Maurice, Bishop of +London, who was persuaded to officiate on that occasion [d]; and thus +by his courage and celerity, he intruded himself into the vacant +throne. No one had sufficient spirit or sense of duty to appear in +defence of the absent prince: all men were seduced or intimidated: +present possession supplied the apparent defects in Henry's title, +which was indeed founded on plain usurpation: and the barons, as well +as the people, acquiesced in a claim which, though it could neither be +justified nor comprehended, could now, they found, be opposed through +the perils alone of civil war and rebellion. +[FN [d] Chron. Sax. p. 208. Order. Vital. p. 783.] + +But as Henry foresaw that a crown, usurped against all rules of +justice, would sit unsteady on his head, he resolved, by fair +professions at least, to gain the affections of all his subjects. +Besides taking the usual coronation oath to maintain the laws and +execute justice, he passed a charter, which was calculated to remedy +many of the grievous oppressions which had been complained of during +the reigns of his father and brother [e]. He there promised, that, at +the death of any bishop or abbot, he never would seize the revenues of +the see or abbey during the vacancy, but would leave the whole to be +reaped by the successor; and that he would never let to farm any +ecclesiastical benefice, nor dispose of it for money. After this +concession to the church, whose favour was of so great importance, he +proceeded to enumerate the civil grievances which he purposed to +redress. He promised, that, upon the death of any earl, baron, or +military tenant, his heir should be admitted to the possession of his +estate, on paying a just and lawful relief; without being exposed to +such violent exactions as had been usual during the late reigns: he +remitted the wardship of minors, and allowed guardians to be +appointed, who should be answerable for the trust: he promised not to +dispose of any heiress in marriage but by the advice of all the +barons; and if any baron intended to give his daughter, sister, niece, +or kinswoman in marriage, it should only be necessary for him to +consult the king, who promised to take no money for his consent, nor +ever to refuse permission, unless the person to whom it was purposed +to many her should happen to be his enemy: he granted his barons and +military tenants the power of bequeathing, by will, their money or +personal estates; and if they neglected to make a will, he promised +that their heirs should succeed to them: he renounced the right of +imposing money-age, and of levying taxes at pleasure on the farms +which the barons retained in their own hands [f]: he made some general +professions of moderating fines: he offered a pardon for all offences; +and he remitted all debts due to the crown: he required that the +vassals of the barons should enjoy the same privileges which he +granted to his own barons: and he promised a general confirmation and +observance of the laws of King Edward. This is the substance of the +chief articles contained in that famous charter [g]. +[FN [e] Chron. Sax. p. 208. Sim. Dunelm. p. 225. [f] See Appendix +II. [g] M. Paris, p. 38. Hoveden, p. 468. Brompton, p. 1021. +Hagulstadt, p. 310.] + +To give greater authenticity to these concessions, Henry lodged a copy +of his charter in some abbey of each county, as if desirous that it +should be exposed to the view of all his subjects, and remain a +perpetual rule for the limitation and direction of his government: yet +it is certain, that, after the present purpose was served, he never +once thought, during his reign, of observing one single article of it; +and the whole fell so much into neglect and oblivion, that in the +following century, when the barons, who had heard an obscure tradition +of it, desired to make it the model of the great charter which they +exacted from King John, they could with difficulty find a copy of it +in the kingdom. But as to the grievances here meant to be redressed, +they were still continued in their full extent; and the royal +authority, in all those particulars, lay under no manner of +restriction. Reliefs of heirs, so capital an article, were never +effectually fixed till the time of Magna Charta [h]; and it is evident +that the general promise here given, of accepting a just and lawful +relief, ought to have been reduced to more precision, in order to give +security to the subject. The oppression of wardship and marriage was +perpetuated even till the reign of Charles II. And it appears from +Glanville [i], the famous justiciary of Henry II., that in his time, +where any man died intestate, an accident which must have been very +frequent when the art of writing was so little known, the king, or the +lord of the fief, pretended to seize all the movables, and to exclude +every heir, even the children of the deceased: a sure mark of a +tyrannical and arbitrary government. +[FN [h] Glanv. lib. 2. cap. 36. What is called a relief in the +Conqueror's laws, preserved by Ingulph, seems to have been the heriot; +since reliefs, as well as the other burdens of the feudal law, were +unknown in the age of the Confessor, whose laws these originally were. +[i] Lib. 7. cap. 16. This practice was contrary to the laws of King +Edward ratified by the Conqueror, as we learn from Ingulph, p. 91. +But laws had at this time very little influence: power and violence +governed every thing.] + +The Normans, indeed, who domineered in England, were, during this age, +so licentious a people, that they may be pronounced incapable of any +true or regular liberty; which requires such improvement in knowledge +and morals as can only be the result of reflection and experience, and +must grow to perfection during several ages of settled and established +government. A people so insensible to the rights of their sovereign +as to disjoint, without necessity, the hereditary succession, and +permit a younger brother to intrude himself into the place of the +elder, whom they esteemed, and who was guilty of no crime, but being +absent, could not expect that that prince would pay any greater regard +to their privileges, or allow his engagements to fetter his power and +debar him from any considerable interest or convenience. They had, +indeed, arms in their hands, which prevented the establishment of a +total despotism, and left their posterity sufficient power, whenever +they should attain a sufficient degree of reason, to assure true +liberty: but their turbulent disposition frequently prompted them to +make such use of their arms, that they were more fitted to obstruct +the execution of justice, than to stop the career of violence and +oppresion. The prince, finding that greater opposition was often made +to him when he enforced the laws than when he violated them, was apt +to render his own will and pleasure the sole rule of government; and, +at every emergence, to consider more the power of the persons whom he +might offend, than the rights of those whom he might injure. The very +form of this charter of Henry proves that the Norman barons (for they, +rather than the people of England, were chiefly concerned in it) were +totally ignorant of the nature of united monarchy, and were ill +qualified to conduct, in conjunction with their sovereign, the machine +of government. It is an act of his sole power, is the result of his +free grace, contains some articles which bind others as well as +himself, and is therefore unfit to be the deed of any one who +possesses not the whole legislative power, and who may not at pleasure +revoke all his concessions. + +Henry, farther to increase his popularity, degraded and committed to +prison Ralph Flambard, Bishop of Durham, who had been the chief +instrument of oppresion under his brother [k]: but this act was +followed by another, which was a direct violation of his own charter, +and was a bad prognostic of his sincere intentions to observe it: he +kept the see of Durham vacant for five years, and during that time +retained possession of all its revenues. Sensible of the great +authority which Anselm had acquired by his character of piety, and by +the persecutions which he had undergone from William, he sent repeated +messages to him at Lyons, where he resided, and invited him to return +and take possession of his dignities [l]. On the arrival of the +prelate, he proposed to him the renewal of that homage which he had +done his brother, and which he had never been refused by any English +bishop: but Anslem had acquired other sentiments by his journey to +Rome, and gave the king an absolute refusal. He objected to the +decrees of the council of Bari, at which he himself had assisted; and +he declared, that so far from doing homage for his spiritual dignity, +he would not so much as communicate with any ecclesiastic who paid +that submission, or who accepted of investitures from laymen. Henry; +who expected, in his present delicate situation, to reap great +advantages from the authority and popularity of Anselm, durst not +insist on his demand [m]: he only desired that the controversy might +be suspended: and that messengers might be sent to Rome, in order to +accommodate matters with the pope, and obtain his confirmation of the +laws and customs of England. +[FN [k] Chron. Sax. p. 208. W. Malm. p. 156. Matth. Paris, p. 39. +Alur. Beverl. p. 144. [l] Chron. Sax. p. 208. Order. Vital. p. 783. +Matth. Paris, p. 39. T. Rudborne, p. 273. [m] W. Malm. p. 225.] + +[MN 1100. Marriage of the king.] +There immediately occurred an important affair, in which the king was +obliged to have recourse to the authority of Anselm. Matilda, +daughter of Malcolm III., King of Scotland, and niece to Edgar +Atheling, had, on her father's death, and the subsequent revolutions +in the Scottish government, been brought to England, and educated +under her aunt Christina, in the nunnery of Rumsey. This princess +Henry purposed to marry; but as she had worn the veil, though never +taken the vows, doubts might arise concerning the lawfulness of the +act; and it behoved him to be very careful not to shock, in any +particular, the religious prejudices of his subjects. The affair was +examined by Anselm in a council of the prelates and nobles, which was +summoned at Lambeth; Matilda there proved that she had put on the +veil, not with the view of entering into a religious life, but merely +in consequence of a custom familiar to the English ladies, who +protected their chastity from the brutal violence of the Normans by +taking shelter under that habit [n], which, amidst the horrible +licentiousness of the times, was yet generally revered. The council, +sensible that even a princess had otherwise no security for her +honour, admitted this reason as valid; they pronounced that Matilda +was still free to marry [o] and her espousals with Henry were +celebrated by Anselm with great pomp and solemnity [p]. No act of the +king's reign rendered him equally popular with his English subjects, +and tended more to establish him on the throne. Though Matilda, +during the life of her uncle and brothers, was not heir of the Saxon +line, she was become very dear to the English on account of her +connexions with it: and that people, who, before the Conquest, had +fallen into a kind of indifference towards their ancient royal family, +had felt so severely the tyranny of the Normans, that they reflected +with extreme regret on their former liberty, and hoped for more equal +and mild administration, when the blood of their native princes should +be mingled with that of their new sovereigns [q]. +[FN [n] Eadmer, p. 57. [o] Ibid. [p] Hoveden, p. 468. [q] M. Paris, +p. 40.] + +[MN 1100. Invasion by Duke Robert.] +But the policy and prudence of Henry, which, if time had been allowed +for these virtues to produce their full effect, would have secured him +possession of the crown, ran great hazard of being frustrated by the +sudden appearance of Robert, who returned to Normandy about a month +after the death of his brother William. [MN 1101.] He took +possession, without opposition, of that duchy; and immediately made +preparations for recovering England, of which, during his absence, he +had, by Henry's intrigues, been so unjustly defrauded. The great fame +which he had acquired in the East forwarded his pretensions; and the +Norman barons, sensible of the consequences, expressed the same +discontent at the separation of the duchy and kingdom, which had +appeared on the accession of William. Robert de Belesme, Earl of +Shrewsbury and Arundel, William de la Warenne, Earl of Surrey, Arnulf +de Montgomery, Walter Giffard, Robert de Pontefract, Robert de Mallet, +Yvo de Grentmesnil, and many others of the principal nobility [r], +invited Robert to make an attempt upon England, and promised, on his +landing, to join him with all their forces. Even the seamen were +affected with the general popularity of his name, and they carried +over to him the greater part of a fleet which had been equipped to +oppose his passage. Henry, in this extremity, began to be +apprehensive for his life, as well as for his crown, and had recourse +to the superstition of the people, in order to oppose their sentiment +of justice. He paid diligent court to Anselm, whose sanctity and +wisdom he pretended to revere. He consulted him in all difficult +emergencies; seemed to be governed by him in every measure; promised a +strict regard to ecclesiastical privileges; professed a great +attachment to Rome, and a resolution of persevering in an implicit +obedience to the decrees of councils, and to the will of the sovereign +pontiff. By these caresses and declarations, he entirely gained the +confidence of the primate, whose influence over the people, and +authority with the barons, were of the utmost service to him in his +present situation. Anselm scrupled not to assure the nobles of the +king's sincerity in those professions which he made of avoiding the +tyrannical and oppressive government of his father and brother: he +even rode through the ranks of the army, recommended to the soldiers +the defence of their prince, represented the duty of keeping their +oaths of allegiance, and prognosticated to them the greatest happiness +from the government of so wise and just a sovereign. By this +expedient, joined to the influence of the Earls of Warwick and +Mellent, of Roger Bigod, Richard de Redvers, and Robert Fitz-Hamon, +powerful barons, who still adhered to the present government, the army +was retained in the king's interest, and marched, with seeming union +and firmness, to oppose Robert, who had landed with his forces at +Portsmouth. +[FN [r] Order. Vital. p. 785.] + +[MN Accommodation with Robert.] +The two armies lay in sight of each other for some days without coming +to action; and both princes, being apprehensive of the event, which +would probably be decisive, hearkened the more willingly to the +counsels of Anselm and the other great men, who mediated an +accommodation between them. After employing some negotiation, it was +agreed that Robert should resign his pretensions to England, and +receive in lieu of them an annual pension of three thousand marks; +that, if either of the princes died without issue, the other should +succeed to his dominions; that the adherents of each should be +pardoned and restored to all their possessions either in Normandy or +England; and that neither Robert nor Henry should thenceforth +encourage, receive, or protect the enemies of the other [s]. +[FN [s] Chron. Sax. p. 209. W. Malmes. p. 156.] + +[MN 1102.] This treaty, though calculated so much for Henry’s +advantage, he was the first to violate. He restored, indeed, the +estates of all Robert's adherents; but was secretly determined, that +noblemen so powerful and so ill-affected, who had both inclination and +ability to disturb his government, should not long remain unmolested +in their present opulence and grandeur. He began with the Earl of +Shrewsbury, who was watched for some time by spies, and then indicted +on a charge, consisting of forty-five articles. This turbulent +nobleman, knowing his own guilt, as well as the prejudices of his +judges and the power of his prosecutor, had recourse to arms for +defence; but, being soon suppressed by the activity and address of +Henry, he was banished the kingdom, and his great estate was +confiscated. His ruin involved that of his two brothers, Arnulf de +Montgomery, and Roger Earl of Lancaster. Soon after followed the +prosecution and condemnation of Robert de Pontefract, and Robert de +Mallet, who had distinguished themselves among Robert's adherents. +[MN 1103.] William de Warenne was the next victim: even William Earl +of Cornwall, son of the Earl of Mortaigne, the king's uncle, having +given matter of suspicion against him, lost all the vast acquisitions +of his family in England. Though the usual violence and tyranny of +the Norman barons afforded a plausible pretence for those +prosecutions, and it is probable that none of the sentences pronounced +against these noblemen was wholly iniquitous, men easily saw or +conjectured, that the chief part of their guilt was not the injustice +or illegality of their conduct. Robert, enraged at the fate of his +friends, imprudently ventured to come into England; and he +remonstrated with his brother, in severe terms, against this breach of +treaty; but met with so bad a reception, that he began to apprehend +danger to his own liberty, and was glad to purchase an escape by +resigning his pension. + +The indiscretion of Robert soon exposed him to more fatal injuries. +This prince, whose bravery and candour procured him respect while at a +distance, had no sooner attained the possession of power and enjoyment +of peace, than all the vigour of his mind relaxed, and he fell into +contempt among those who approached his person, or were subjected to +his authority. Alternately abandoned to dissolute pleasures and to +womanish superstition, he was so remiss, both in the care of his +treasure and the exercise of his government, that his servants +pillaged his money with impunity, stole from him his very clothes, and +proceeded thence to practise every species of extortion on his +defenceless subjects. The barons, whom a severe administration alone +could have restrained, gave reins to their unbounded rapine upon their +vassals, and inveterate animosities against each other; and all +Normandy, during the reign of this benign prince, was become a scene +of violence and depredation. [MN 1103. Attack of Normandy.] The +Normans, at last, observing the regular government which Henry, +notwithstanding his usurped title, had been able to establish in +England, applied to him, that he might use his authority for the +suppression of these disorders, and they thereby afforded him a +pretence for interposing in the affairs of Normandy. Instead of +employing his mediation to render his brother's government +respectable, or to redress the grievances of the Normans, he was only +attentive to support his own partisans, and to increase their number +by every art of bribery, intrigue, and insinuation. Having found, in +a visit which he made to that duchy, that the nobility were more +disposed to pay submission to him than to their legal sovereign, he +collected, by arbitrary extortions on England, a great army and +treasure [MN 1105.], and returned next year to Normandy, in a +situation to obtain, either by violence or corruption, the dominion of +that province. He took Bayeux by storm, after an obstinate siege: he +made himself master of Caen by the voluntary submission of the +inhabitants; but, being repulsed at Falaise, and obliged by the winter +season to raise the siege, he returned into England, after giving +assurance to his adherents, that he would persevere in supporting and +protecting them. + +[MN 1106. Conquest of Normandy.] +Next year he opened the campaign with the siege of Tenchebray; and it +became evident, from his preparations and progress, that he intended +to usurp the entire possession of Normandy. Robert was at last roused +from his lethargy; and being supported by the Earl of Mortaigne and +Robert de Bellesme, the king's inveterate enemies, he raised a +considerable army, and approached his brother's camp, with a view of +finishing, in one decisive battle, the quarrel between them. He was +now entered on that scene of action in which alone he was qualified to +excel; and he so animated his troops by his example, that they threw +the English into disorder, and had nearly obtained the victory [t]; +when the flight of Bellesme spread a panic among the Normans, and +occasioned their total defeat. Henry, besides doing great execution +on the enemy, made near ten thousand prisoners, among whom was Duke +Robert himself, and all the most considerable barons who adhered to +his interests [u]. This victory was followed by the final reduction +of Normandy: Rouen immediately submitted to the conqueror: Falaise, +after some negotiation, opened its gates; and by this acquisition, +besides rendering himself master of an important fortress, he got into +his hands Prince William, the only son of Robert: he assembled the +states of Normandy; and having received the homage of all the vassals +of the duchy, having settled the government, revoked his brother's +donations, and dismantled the castles lately built, he returned into +England, and carried along with him the duke as prisoner. That +unfortunate prince was detained in custody during the remainder of his +life, which was no less than twenty-eight years, and he died in the +castle of Cardiff, in Glamorganshire, happy if, without losing his +liberty, he could have relinquished that power which he was not +qualified either to hold or exercise. Prince William was committed to +the care of Helie de St. Saen, who had married Robert's natural +daughter, and who, being a man of probity and honour beyond what was +usual in those ages, executed the trust with great affection and +fidelity. Edgar Atheling, who had followed Robert in the expedition +to Jerusalem, and who had lived with him ever since in Normandy, was +another illustrious prisoner taken in the battle of Tenchebray [w]. +Henry gave him his liberty, and settled a small pension on him, with +which he retired; and he lived to a good old age in England, totally +neglected and forgotten. This prince was distinguished by personal +bravery: but nothing can be a stronger proof of his mean talents in +every other respect, than that, notwithstanding he possessed the +affections of the English, and enjoyed the only legal title to the +throne, he was allowed, during the reigns of so many violent and +jealous usurpers, to live unmolested, and go to his grave in peace. +[FN [t] H. Hunt. p. 379. M. Paris, p .43. Brompton, p. 1002. [u] +Eadmer, p. 90. Chron. Sax. p. 214. Order. Vital. p. 821. [w] Chron. +Sax. p. 214. Ann. Waverl. n. 144.] + +[MN 1107. Continuation of the quarrel with Anselm, the primate.] +A little after Henry had completed the conquest of Normandy, and +settled the government of that province, he finished a controversy, +which had been long depending between him and the pope, with regard to +the investitures in ecclesiastical benefices; and though he was here +obliged to relinquish sonic of the ancient rights of the crown, he +extricated himself from the difficulty on easier terms than most +princes who, in that age, were so unhappy as to be engaged in disputes +with the apostolic see. The king's situation, in the beginning of his +reign, obliged him to pay great court to Anselm: the advantages which +he had reaped from the zealous friendship of that prelate had made him +sensible how prone the minds of his people were to superstition, and +what an ascendant the ecclesiastics had been able to assume over them. +He had seen, on the accession of his brother Rufus, that, though the +rights of primogeniture were then violated, and the inclinations of +almost all the barons thwarted, yet the authority of Lanfranc, the +primate, had prevailed over all other considerations: his own case, +which was still more unfavourable, afforded an instance in which the +clergy had more evidently shown their influence and authority. These +recent examples, while they made him cautious not to offend that +powerful body, convinced him, at the same time, that it was extremely +his interest to retain the former prerogative of the crown in filling +offices of such vast importance, and to check the ecclesiastics in +that independence to which they visibly aspired. The choice, which +his brother, in a fit of penitence, had made of Anselm, was so far +unfortunate to the king's pretensions, that this prelate was +celebrated for his piety and zeal, and austerity of manners; and +though his monkish devotion and narrow principles prognosticated no +great knowledge of the world or depth of policy, he was, on that very +account, a more dangerous instrument in the hands of politicians, and +retained a greater ascendant over the bigoted populace. The prudence +and temper of the king appeared in nothing more conspicuous than in +the management of this delicate affair; where he was always sensible +that it had become necessary for him to risk his whole crown in order +to preserve the most invaluable jewel of it [x]. +[FN [x] Eadmer, p. 56.] + +Anselm had no sooner returned from banishment, than his refusal to do +homage to the king raised a dispute, which Henry evaded at that +critical juncture, by promising to send a messenger, in order to +compound the matter with Pascal II., who then filled the papal throne. +The messenger, as was probably foreseen, returned with an absolute +refusal of the king's demands [y]; and that fortified by many reasons, +which were well qualified to operate on the understandings of men in +those ages. Pascal quoted the Scriptures to prove that Christ was the +door; and he thence inferred, that all ecclesiastics must enter into +the church through Christ alone, not through the civil magistrate, or +any profane laymen [z]. "It is monstrous," added the pontiff, "that a +son should pretend to beget his father, or a man to create his God: +priests are called gods in Scripture, as being the vicars of God: and +will you, by your abominable pretensions to grant them their +investiture, assume the right of creating them [a]?" +[FN [y] W. Malm. p. 225. [z] Eadmer, p. 60. This topic is farther +enforced in p. 73, 74. See also W. Malm. p. 163. [a] Eadmer, p. 61. +I much suspect that this text of Scripture is a forgery of his +holiness; for I have not been able to find it. Yet it passed current +in those ages, and was often quoted by the clergy as the foundation of +their power. See St. Thom. p. 169.] + +But how convincing soever these arguments, they could not persuade +Henry to resign so important a prerogative; and perhaps, as he was +possessed of great reflection and learning, he thought that the +absurdity of a man's creating his God, even allowing priests to be +gods, was not urged with the best grace by the Roman pontiff. But as +he desired still to avoid, at least to delay, the coming to any +dangerous extremity with the church, he persuaded Anselm, that he +should be able, by farther negotiation, to obtain some composition +with Pascal; and for that purpose he despatched three bishops to Rome, +while Anselm sent two messengers of his own to be more fully assured +of the pope's intentions [b]. Pascal wrote back letters equally +positive and arrogant, both to the king and primate; urging to the +former, that, by assuming the right of investitures, he committed a +kind of spiritual adultery with the church, who was the spouse of +Christ, and who must not admit of such a commerce with any other +person [c]; and insisting with the latter, that the pretension of +kings to confer benefices was the source of all simony: a topic which +had but too much foundation in those ages [d]. +[FN [b] Eadmer, p. 62. W. Malm. p. 225. [c] Eadmer, p. 63. [d] +Eadmer, p. 64, 66.] + +Henry had now no other expedient than to suppress the letter addressed +to himself, and to persuade the three bishops to prevaricate, and +assert, upon their episcopal faith, that Pascal had assured them in +private of his good intentions towards Henry, and of his resolution +not to resent any future exertion of his prerogative in granting +investitures; though he himself scrupled to give this assurance under +his hand, lest other princes should copy the example, and assume a +like privilege [e]. Anselm's two messengers, who were monks, affirmed +to him that it was impossible this story could have any foundation: +but their word was not deemed equal to that of three bishops; and the +king, as if he had finally gained his cause, proceeded to fill the +sees of Hereford and Salisbury, and to invest the new bishops in the +usual manner [f]. But Anselm, who, as he had good reason, gave no +credit to the asseveration of the king's messengers, refused not only +to consecrate them, but even to communicate with them, and the bishops +themselves, finding how odious they were become, returned to Henry the +ensigns of their dignity. The quarrel every day increased between the +king and the primate: the former, notwithstanding the prudence and +moderation of his temper, threw out menaces against such as should +pretend to oppose him in exerting the ancient prerogatives of his +crown; and Anselm, sensible of his own dangerous situation, desired +leave to make a journey to Rome, in order to lay the case before the +sovereign pontiff. Henry, well pleased to rid himself, without +violence, of so inflexible an antagonist, readily granted him +permission. The prelate was attended to the shore by infinite +multitudes, not only of monks and clergymen, but people of all ranks, +who scrupled not in this manner to declare for their primate against +their sovereign, and who regarded his departure as the final abolition +of religion and true piety in the kingdom [g]. The king, however, +seized all the revenues of his see; and sent William de Warelwast to +negotiate with Pascal, and to find some means of accommodation in this +delicate affair. +[FN [e] Ibid. p. 65. W. Malm. p. 225. [f] Eadmer, p. 66. W. Malm. +p. 225. Hoveden, p. 469. Sim. Dunelm. p. 228. [f] Eadmer, p. 71.] + +The English minister told Pascal, that his master would rather lose +his crown than part with the right of granting investitures. "And I," +replied Pascal, "would rather lose my head than allow him to retain it +[h]." Henry secretly prohibited Anselm from returning, unless he +resolved to conform himself to the laws and usages of the kingdom; and +the primate took up his residence at Lyons, in expectation that the +king would at last be obliged to yield the point which was the present +object of controversy between them. Soon after he was permitted to +return to his monastery at Bec in Normandy; and Henry, besides +restoring to him the revenues of his see, treated him with the +greatest respect, and held several conferences with him, in order to +soften his opposition, and bend him to submission [i]. The people of +England, who thought all differences now accommodated, were inclined +to blame their primate for absenting himself so long from his charge; +and he daily received letters from his partizans, representing the +necessity of his speedy return. The total extinction, they told him, +of religion and Christianity were likely to ensue from the want of his +fatherly care: the most shocking customs prevail in England; and the +dread of his severity being now removed, sodomy, and the practice of +wearing long hair, gain ground among all ranks of men, and these +enormities openly appear every where without sense of shame or fear of +punishment [k]. +[FN [h] Eadmer, p. 73. W. Malm. p. 226. M. Paris, p. 40. [i] +Hoveden, p. 471. [k] Eadmer, p. 81.] + +The policy of the court of Rome has commonly been much admired; and +men, judging by success, have bestowed the highest eulogies on that +prudence by which a power from such slender beginnings, could advance, +without force of arms, to establish an universal and almost absolute +monarchy in Europe. But the wisdom of so long a succession of men who +filled the papal throne, and who were of such different ages, tempers, +and interests, is not intelligible, and could never have place in +nature. The instrument, indeed, with which they wrought, the +ignorance and superstition of the people, is so gross an engine, of +such universal prevalence, and so little liable to accident or +disorder, that it may be successful even in the most unskilful hands; +and scarce any indiscretion can frustrate its operations. While the +court of Rome was openly abandoned to the most flagrant disorders, +even while it was torn with schisms and factions, the power of the +church daily made a sensible progress in Europe; and the temerity of +Gregory and caution of Pascal were equally fortunate in promoting it. +The clergy, feeling the necessity which they lay under of being +protected against the violence of princes or rigour of the laws, were +well pleased to adhere to a foreign head, who, being removed from the +fear of the civil authority, could freely employ the power of the +whole church, in defending her ancient or usurped properties and +privileges, when invaded in any particular country: the monks, +desirous of an independence of their diocesans, professed a still more +devoted attachment to the triple crown; and the stupid people +possessed no science or reason, which they could oppose to the most +exorbitant pretensions. Nonsense passed for demonstration: the most +criminal means were sanctified by the piety of the end: treaties were +not supposed to be binding, where the interests of God were concerned: +the ancient laws and customs of states had no authority against a +divine right: impudent forgeries were received as authentic monuments +of antiquity: and the champions of holy church, if successful, were +celebrated as heroes; if unfortunate, were worshipped as martyrs; and +all events thus turned out equally to the advantage of clerical +usurpations. Pascal himself, the reigning pope, was, in the course of +this very controversy concerning investitures, involved in +circumstances and necessitated to follow a conduct, which would have +drawn disgrace and ruin on any temporal prince that had been so +unfortunate as to fall into a like situation. His person was seized +by the Emperor, Henry V., and he was obliged, by a formal treaty, to +resign to that monarch the right of granting investitures, for which +they had so long contended [l]. In order to add greater solemnity to +this agreement, the emperor and pope communicated together on the same +host, one half of which was given to the prince, the other taken by +the pontiff: the most tremendous imprecations were publicly denounced +on either of them who should violate the treaty: yet no sooner did +Pascal recover his liberty, than he revoked all his concessions, and +pronounced the sentence of excommunication against the emperor, who, +in the end, was obliged to submit to the terms required of him, and to +yield up all his pretensions, which he never could resume [m]. +[FN [l] W. Malm. p. 167. [m] Padre Paolo sopra benef. eccles. p. 112. +W. Malmes. p. 170. Chron. Abb. St. Petri de Burgo, p. 63. Sim. +Dunelm. p. 233.] + +The King of England had very nearly fallen into the same dangerous +situation: Pascal had already excommunicated the Earl of Mellent, and +the other ministers of Henry, who were instrumental in supporting his +pretensions [n]: he daily menaced the king himself with a like +sentence; and he suspended the blow only to give him leisure to +prevent it by a timely submission. The malecontents waited +impatiently for the opportunity of disturbing his government by +conspiracies and insurrections [o]: the king's best friends were +anxious at the prospect of an incident which would set their religious +and civil duties at variance; and the Countess of Blois, his sister, a +princess of piety, who had great influence over him, was affrightened +with the danger of her brother's eternal damnation [p]. Henry, on the +other hand, seemed determined to run all hazards, rather than resign a +prerogative of such importance, which had been enjoyed by all his +predecessors; and it seemed probable, from his great prudence and +abilities, that he might be able to sustain his rights, and finally +prevail in the contest. While Pascal and Henry thus stood mutually in +awe of each other, it was the more easy to bring about an +accommodation between them, and to find a medium in which they might +agree. +[FN [n] Eadmer, p. 79. [o] Ibid. p. 80. [p] Ibid. p. 79.] + +[MN Compromise with Anselm.] +Before bishops took possession of their dignities, they had formerly +been accustomed to pass through two ceremonies: they received from the +hands of the sovereign a ring and crosier, as symbols of their office; +and this was called their INVESTITURE: they also made those +submissions to the prince which were required of vassals by the rights +of the feudal law, and which received the name of HOMAGE. And as the +king might refuse both to grant the INVESTITURE and to receive the +HOMAGE, though the chapter had, by some canons of the middle age, been +endowed with the right of election, the sovereign had in reality the +sole power of appointing prelates. Urban II. had equally deprived +laymen of the rights of granting investiture and of receiving homage +[q]: the emperors never were able, by all their wars and negotiations, +to make any distinction be admitted between them: the interposition of +profane laymen, in any particular, was still represented as impious +and abominable; and the church openly aspired to a total independence +on the state. But Henry had put England as well as Normandy in such a +situation as gave greater weight to his negotiations; and Pascal was +for the present satisfied with his resigning the right of granting +investitures, by which the spiritual dignity was supposed to be +conferred; and he allowed the bishops to do homage for their temporal +properties and privileges [r]. The pontiff was well pleased to have +made this acquisition, which, he hoped, would in time involve the +whole; and the king, anxious to procure an escape from a very +dangerous situation, was content to retain some, though a more +precarious authority, in the election of prelates. +[FN [q] Eadmer, p. 91. W. Malm. p. 163. Sim. Dunelm. p. 230. [r] +Eadmer, p. 91. W. Malm. p. 164, 227. Hoveden, p. 471. M. Paris, p. +43. T. Rudb. p. 274. Brompton, p. 1000. Wilkins, p. 303. Chron. +Dunst. p. 21.] + +After the principal controversy was accommodated, it was not difficult +to adjust the other differences. The pope allowed Anselm to +communicate with the prelates who had already received investitures +from the crown; and he only required of them some submissions for +their past misconduct [s]. He also granted Anselm a plenary power of +remedying every other disorder, which, he said, might arise from the +barbarousness of the country [t]. Such was the idea which the popes +then entertained of the English; and nothing can be a stronger proof +of the miserable ignorance in which that people were then plunged, +than that a man who sat on the papal throne, and who subsisted by +absurdities and nonsense, should think himself entitled to treat them +as barbarians. +[FN [s] Eadmer p. 87. [t] Ibid. p. 91.] + +During the course of these controversies, a synod was held at +Westminster, where the king, intent only on the main dispute, allowed +some canons of less importance to be enacted, which tended to promote +the usurpations of the clergy. The celibacy of priests was enjoined, +a point which it was still found very difficult to carry into +execution; and even laymen were not allowed to marry within the +seventh degree of affinity [u]. By this contrivance the pope +augmented the profits which he reaped from granting dispensations, and +likewise those from divorces. For as the art of writing was then +rare, and parish registers were not regularly kept, it was not easy to +ascertain the degrees of affinity even among people of rank; and any +man who had money sufficient to pay for it, might obtain a divorce, on +pretence that his wife was more nearly related to him than was +permitted by the canons. The synod also passed a vote, prohibiting +the laity from wearing long hair [w]. The aversion of the clergy to +this mode was not confined to England. When the king went to +Normandy, before he had conquered that province, the Bishop of Seez, +in a formal harangue, earnestly exhorted him to redress the manifold +disorders under which the government laboured, and to oblige the +people to poll their hair in a decent form. Henry, though he would +not resign his prerogatives to the church, willingly parted with his +hair: he cut it in the form which they required of him, and obliged +all the courtiers to imitate his example [x]. +[FN [u] Eadmer, p. 67, 68. Spellm. Conc. vol. ii. p. 22. [w] Eadmer, +p. 68. [x] Order. Vital. p. 816.] + +[MN Wars abroad.] +The acquisition of Normandy was a great point of Henry's ambition; +being the ancient patrimony of his family, and the only territory, +which, while in his possession, gave him any weight or consideration +on the continent: but the injustice of his usurpation was the source +of great inquietude, involved him in frequent wars, and obliged him to +impose on his English subjects those many heavy and arbitrary taxes, +of which all the historians of that age unanimously complain [y]. +His nephew, William, was but six years of age when he committed him to +the care of Helie de St. Saen; and it is probable, that his reason for +intrusting that important charge to a man of so unblemished a +character was to prevent all malignant suspicions, in case any +accident should befall the life of the young prince. [MN 1110.] He +soon repented of his choice, but when he desired to recover possession +of William’s person, Helie withdrew his pupil, and carried him to the +court of Fulk, Count of Anjou, who gave him protection [z]. In +proportion as the prince grew up to man's estate, he discovered +virtues becoming his birth; and wandering through different courts of +Europe, he excited the friendly compassion of many princes, and raised +a general indignation against his uncle, who had so unjustly bereaved +him of his inheritance. Lewis the Gross, son of Philip, was at this +time King of France, a brave and generous prince, who having been +obliged, during the lifetime of his father, to fly into England, in +order to escape the persecutions of his step-mother, Bertrude, had +been protected by Henry, and had thence conceived a personal +friendship for him. But these ties were soon dissolved after the +accession of Lewis, who found his interests to be in so many +particulars opposite to those of the English monarch, and who became +sensible of the danger attending the annexation of Normandy to +England. He joined, therefore, the Counts of Anjou and Flanders in +giving disquiet to Henry's government; and this monarch, in order to +defend his foreign dominions, found himself obliged to go over to +Normandy, where he resided two years. The war which ensued amongst +those princes was attended with no memorable event, and produced only +slight skirmishes on the frontiers, agreeable to the weak condition of +the sovereigns in that age whenever their subjects were not roused by +some great and urgent occasion. Henry, by contracting his eldest son, +William, to the daughter of Fulk, detached the prince from the +alliance, and obliged the others to come to an accommodation with him. +This peace was not of long duration. His nephew, William, retired to +the court of Baldwin, Earl of Flanders, who espoused his cause; and +the King of France having soon after, for other reasons, joined the +party, a new war was kindled in Normandy, which produced no event more +memorable than had attended the former. [MN 1113.] At last the death +of Baldwin, who was slain in an action near Eu, gave some respite to +Henry, and enabled him to carry on war with more advantage against his +enemies. +[FN [y] Eadmer, p. 83. Chron. Sax. p. 211, 212, 213, 219, 220, 228. +H. Hunt p. 380. Hoveden, p. 470. Ann. Waverl. p. 143. [z] Order +Vital. p. 837.] + +Lewis, finding himself unable to wrest Normandy from the king by force +of arms, had recourse to the dangerous expedient of applying to the +spiritual power, and of affording the ecclesiastics a pretence to +interpose in the temporal concerns of princes. He carried young +William to a general council, which was assembled at Rheims by Pope +Calixtus II., presented the Norman prince to them, complained of the +manifest usurpation and injustice of Henry, craved the assistance of +the church for reinstating the true heir in his dominions, and +represented the enormity of detaining in captivity so brave a prince +as Robert, one of the most eminent champions of the cross, and who, by +that very quality, was placed under the immediate protection of the +holy see. Henry knew how to defend the rights of his crown with +vigour, and yet with dexterity. He had sent over the English bishops +to this synod; but at the same time had warned them, that if any +farther claims were started by the pope or the ecclesiastics, he was +determined to adhere to the laws and customs of England, and maintain +the prerogatives transmitted to him by his predecessors. "Go," said +he to them, "salute the pope in my name; hear his apostolical +precepts; but take care to bring none of his new inventions into my +kingdom." Finding, however, that it would be easier for him to elude +than oppose the efforts of Calixtus, he gave his ambassadors orders to +gain the pope and his favourites by liberal presents and promises. +[MN 1119.] The complaints of the Norman prince were thenceforth heard +with great coldness by the council; and Calixtus confessed, after a +conference which he had the same summer with Henry, and when that +prince probably renewed his presents, that, of all men whom he had +ever yet been acquainted with, he was, beyond comparison, the most +eloquent and persuasive. + +The warlike measures of Lewis proved as ineffectual as his intrigues. +He had laid a scheme for surprising Noyon; but Henry having received +intelligence of the design, marched to the relief of the place, and +suddenly attacked the French at Brenneville, as they were advancing +towards it. A sharp conflict ensued, where Prince William behaved +with great bravery, and the king himself was in the most imminent +danger. He was wounded in the head by Crispin, a gallant Norman +officer, who had followed the fortunes of William [a]; but, being +rather animated than terrified by the blow, he immediately beat his +antagonist to the ground, and so encouraged his troops by the example, +that they put the French to total rout, and had very nearly taken +their king prisoner. The dignity of the persons engaged in this +skirmish rendered it the most memorable action of the war; for, in +other respects, it was not of great importance. There were nine +hundred horsemen, who fought on both sides; yet were there only two +persons slain. The rest were defended by that heavy armour worn by +the cavalry in those times [b]. An accommodation soon after ensued +between the Kings of France and England; and the interests of young +William were entirely neglected in it. +[FN [a] H. Hunt. p. 381. M. Paris, p. 47. Diceto, p. 503. [b] +Order. Vital. p. 854.] + +[MN 1120. Death of Prince William.] +But this public prosperity of Henry was much overbalanced by a +domestic calamity which befel him. His only son, William, had now +reached his eighteenth year, and the king, from the facility with +which he himself had usurped the crown, dreading that a like +revolution might subvert his family, had taken care to have him +recognized successor by the states of the kingdom, and had carried him +over to Normandy, that he might receive the homage of the barons of +that duchy. The king, on his return, set sail from Barfleur, and was +soon carried by a fair wind out of sight of land. The prince was +detained by some accident; and his sailors, as well as their captain, +Thomas Fitz-Stephens, having spent the interval in drinking, were so +flustered, that being in a hurry to follow the king, they heedlessly +carried the ship on a rock, where she immediately foundered. William +was put into the long boat, and had got clear of the ship, when, +hearing the cries of his natural sister, the Countess of Perche, he +ordered the seamen to row back in hopes of saving her; but the numbers +who then crowded in soon sunk the boat; and the prince, with all his +retinue, perished. Above a hundred and forty young noblemen, of the +principal families of England and Normandy, were lost on this +occasion. A butcher of Rouen was the only person on board who escaped +[c]. He clung to the mast, and was taken up next morning by +fishermen. Fitz-Stephens also took hold of the mast, but being +informed by the butcher that Prince William had perished, he said that +he would not survive the disaster; and he threw himself headlong into +the sea [d]. Henry entertained hopes for three days, that his son had +put into some distant port of England; but when certain intelligence +of the calamity was brought him, he fainted away; and it was remarked, +that he never after was seen to smile, nor ever recovered his wonted +cheerfulness [e]. +[FN [c] Sim. Dunelm. p. 242. Alured Beverl. p. 148. [d] Order. +Vital. p. 868. [e] Hoveden, p. 476. Order. Vital. p. 869.] + +The death of William may be regarded, in one respect, as a misfortune +to the English; because it was the immediate source of those civil +wars, which, after the demise of the king, caused such confusion in +the kingdom; but it is remarkable, that the young prince had +entertained a violent aversion to the natives; and had been heard to +threaten, that when he should be king, he would make them draw the +plough, and would turn them into beasts of burden. These +prepossessions he inherited from his father, who, though he was wont, +when it might serve his purpose, to value himself on his birth, as a +native of England [f], showed, in the course of his government, an +extreme prejudice against that people. All hopes of preferment, to +ecclesiastical as well as civil dignities, were denied them during +this whole reign; and any foreigner, however ignorant or worthless, +was sure to have the preference in every competition [g]. As the +English had given no disturbance to the government during the course +of fifty years, this inveterate antipathy in a prince of so much +temper as well as penetration, forms a presumption that the English of +that age were still a rude and barbarous people, even compared to the +Normans, and impresses us with no very favourable idea of the Anglo- +Saxon manners. +[FN [f] Gu1. Neub. lib. 1. cap. 3. [g] Eadmer, p. 110.] + +Prince William left no children; and the king had not now any +legitimate issue, except one daughter, Matilda, whom, in 1110, he had +betrothed, though only eight years of age [h], to the Emperor Henry +V., and whom he had then sent over to be educated in Germany [i]. But +as her absence from the kingdom, and her marriage into a foreign +family, might endanger the succession, Henry, who was now a widower, +was induced to marry, in hopes of having male heirs; [MN King’s second +marriage. 1121.] and he made his addresses to Adelais, daughter of +Godfrey, Duke of Lovaine, and niece of Pope Calixtus, a young princess +of an amiable person [k]. But Adelais brought him no children; and +the prince who was most likely to dispute the succession, and even the +immediate possession of the crown, recovered hopes of subverting his +rival, who had successively seized all his patrimonial dominions. +William, the son of Duke Robert, was still protected in the French +court; and as Henry's connexions with the Count of Anjou were broken +off by the death of his son, Fulk joined the party of the unfortunate +prince, gave him his daughter in marriage, and aided him in raising +disturbances in Normandy. But Henry found the means of drawing off +the Count of Anjou, by forming anew with him a nearer connexion than +the former, and one more material to the interests of that count's +family. [MN 1127.] The emperor, his son-in-law, dying without issue, +he bestowed his daughter on Geoffrey, the eldest son of Fulk, and +endeavoured to ensure her succession by having her recognized heir to +all his dominions, and obliging the barons, both of Normandy and +England to swear fealty to her. [MN 1128.] He hoped that the choice +of this husband would be more agreeable to all his subjects than that +of the emperor; as securing them from the danger of falling under the +dominion of a great and distant potentate, who might bring them into +subjection, and reduce their country to the rank of a province: but +the barons were displeased that a step so material to national +interests had been taken without consulting them [l]; and Henry had +too sensibly experienced the turbulence of their disposition, not to +dread the effects of their resentment. It seemed probable, that his +nephew's party might gain force from the increase of the malecontents: +an accession of power which that prince acquired a little after, +tended to render his pretensions still more dangerous. Charles, Earl +of Flanders, being assassinated during the celebration of divine +service, King Lewis immediately put the young prince in possession of +that country, to which he had pretensions in the right of his +grandmother Matilda, wife to the Conqueror. But William survived a +very little time this piece of good fortune, which seemed to open the +way to still farther prosperity. He was killed in a skirmish with the +Landgrave of Alsace, his competitor for Flanders; and his death put an +end, for the present, to the jealousy and inquietude of Henry. +[FN [h] Chron. Sax. p. 215. W. Malm. p. 166. Order. Vital. p. 83. +[i] See note [M], at the end of the volume. [k] Chron. Sax. p. 223. +W. Malm. p. 165. [l] W. Malm. p. 175. The annals of Waverly, p. 150, +say, that the king asked and obtained the consent of all the barons.] + +The chief merit of this monarch's government consists in the profound +tranquillity which he established and maintained throughout all his +dominions during the greater part of his reign. The mutinous barons +were retained in subjection; and his neighbours, in every attempt +which they made upon him, found him so well prepared, that they were +discouraged from continung or renewing their enterprises. In order to +repress the incursions of the Welsh, he brought over some Flemings, in +the year 1111, and settled them in Pembrokeshire, where they long +maintained a different language, and customs, and manners, from their +neighbours. Though his government seems to have been arbitrary in +England, it was judicious and prudent; and was as little oppressive as +the necessity of his affairs would permit. He wanted not attention to +the redress of grievances; and historians mention in particular the +levying of purveyance, which he endeavoured to moderate and restrain. +The tenants in the king's demesne lands were at that time obliged to +supply, GRATIS, the court with provisions, and to furnish carriages on +the same hard terms, when the king made a progress, as he did +frequently, into any of the counties. These exactions were so +grievous, and levied in so licentious a manner, that the farmers, when +they heard of the approach of the court, often deserted their houses +as if an enemy had invaded the country [m], and sheltered their +persons and families in the woods from the insults of the king's +retinue. Henry prohibited those enormities, and punished the persons +guilty of them by cutting off their hands, legs, or other members [n]. +But the prerogative was perpetual; the remedy applied by Henry was +temporary; and the violence itself of this remedy, so far from giving +security to the people, was only a proof of the ferocity of the +government, and threatened a quick return of like abuses. +[FN [m] Eadmer, p. 94. Chron. Sax. p. 212. [n] Eadmer, p. 94.] + +One great and difficult object of the king's prudence was, the +guarding against the encroachments of the court of Rome, and +protecting the liberties of the church of England. The pope, in the +year 1101, had sent Guy, Archbishop of Vienne, as legate into Britain; +and though he was the first that for many years had appeared there in +that character, and his commission gave general surprise [o], the +king, who was then in the commencement of his reign, and was involved +in many difficulties, was obliged to submit to this encroachment on +his authority. But in the year 1116, Anselm, Abbot of St. Sabas, who +was coming over with a like legatine commission, was prohibited from +entering the kingdom [p]; and Pope Calixtus who, in his turn, was then +labouring under many difficulties, by reason of the pretensions of +Gregory, an anti-pope, was obliged to promise that he never would for +the future, except when solicited by the king himself, send any legate +into England [q]. Notwithstanding this engagement, the pope, as soon +as he had suppressed his antagonist, granted the Cardinal de Crema a +legatine commission over that kingdom; and the king, who, by reason of +his nephew's intrigues and invasions, found himself at that time in a +dangerous situation, was obliged to submit to the exercise of this +commission [r]. A synod was called by the legate at London; where, +among other canons, a vote passed, enacting severe penalties on the +marriages of the clergy [s]. The cardinal, in a public harangue, +declared it to be an unpardonable enormity, that a priest should dare +to consecrate and touch the body of Christ immediately after he had +risen from the side of a strumpet; for that was the decent appellation +which he gave to the wives of the clergy. But it happened that, the +very next night, the officers of justice, breaking into a disorderly +house, found the cardinal in bed with a courtezan [t]; an incident +which threw such ridicule upon him, that he immediately stole out of +the kingdom: the synod broke up; and the canons against the marriage +of clergymen were worse executed than ever [u]. +[FN [o] Ibid. p. 58. [p] Hoveden, p. 474. [q] Eadmer, p. 125, 137, +138. [r] Chron. Sax. p. 229. [s] Spellm. Conc. vol. ii. p. 34. [t] +Hoveden, p. 478. M. Paris, p. 48. Matth. West. ad. ann. 1125. H. +Huntingdon, p. 382. It is remarkable that this last writer, who was a +clergyman as well as the others, makes an apology for using such +freedom with the fathers of the church; but says, that the fact was +notorious, and ought not to be concealed. [u] Chron. Sax. p. 234.] + +Henry, in order to prevent this alternate revolution of concessions +and encroachments, sent William, then Archbishop of Canterbury, to +remonstrate with the court of Rome against those abuses, and to assert +the liberties of the English church. It was a usual maxim with every +pope, when he found that he could not prevail in any pretension, to +grant princes or states a power which they had always exercised, to +resume, at a proper juncture, the claim which seemed to be resigned, +and to pretend that the civil magistrate had possessed the authority +only from a special indulgence of the Roman pontiff. After this +manner, the pope, finding that the French nation would not admit his +claim of granting investitures, had passed a bull, giving the king +that authority; and he now practised a like invention to elude the +complaints of the King of England. He made the Archbishop of +Canterbury his legate, renewed his commission from time to time, and +still pretended that the rights which that prelate had ever exercised +as metropolitan were entirely derived from the indulgence of the +apostolic see. The English princes, and Henry in particular, who were +glad to avoid any immediate contest of so dangerous a nature, commonly +acquiesced by their silence in these pretensions of the court of Rome +[w]. +[FN [w] See note [N], at the end of the volume.] + +As every thing in England remained in tranquillity, Henry took the +opportunity of paying a visit to Normandy, to which he was invited, as +well by his affection for that country, as by his tenderness for his +daughter, the Empress Matilda, who was always his favourite. [MN +1132.] Some time after, that princess was delivered of a son, who +received the name of Henry; and the king, farther to ensure her +succession, made all the nobility of England and Normandy renew the +oath of fealty, which they had already sworn to her [x]. The joy of +this event, and the satisfaction which he reaped from his daughter's +company, who bore successively two other sons, made his residence in +Normandy very agreeable to him [y]; [MN 1135.] and he seemed +determined to pass the remainder of his days in that country; when an +incursion of the Welsh obliged him to think of returning into England. +He was preparing for the journey, but was seized with a sudden illness +at St. Dennis le Forment [MN 1st. Dec.], from eating too plentifully +of lampreys, a food which always agreed better with his palate than +his constitution [z]. [MN Death, and character of Henry.] He died in +the sixty-seventh year of his age, and the thirty-fifth of his reign; +leaving by will his daughter, Matilda, heir of all his dominions, +without making any mention of her husband Geoffrey, who had given him +several causes of displeasure [a]. +[FN [x] W. Malm. p. 177. [y] H. Hunt. p. 385. [z] Ibid. p. 385. M. +Paris, p. 50. [a] W. Malm. p. 178.] + +This prince was one of the most accomplished that has filled the +English throne, and possessed all the great qualities both of body and +mind, natural and acquired which could fit him for the high station to +which he attained. His person was manly, his countenance engaging, +his eyes clear, serene, and penetrating. The affability of his +address encouraged those who might be overawed by the sense of his +dignity or of his wisdom; and though he often indulged his facetious +humour, he knew how to temper it with discretion, and ever kept at a +distance from all indecent familiarities with his courtiers. His +superior eloquence and judgment would have given him an ascendant, +even had he been born in a private station; and his personal bravery +would have procured him respect, though it had been less supported by +art and policy. By his great progress in literature, he acquired the +name of BEAUCLERK, or the Scholar: but his application to those +sedentary pursuits abated nothing of the activity and vigilance of his +government; and though the learning of that age was better fitted to +corrupt than improve the understanding, his natural good sense +preserved itself untainted both from the pedantry and superstition +which were then so prevalent among men of letters. His temper was +susceptible of the sentiments as well of friendship as of resentment +[b]; and his ambition though high, might be deemed moderate and +reasonable, had not his conduct towards his brother and nephew showed +that he was too much disposed to sacrifice to it all the maxims of +justice and equity. But the total incapacity of Robert for government +afforded his younger brother a reason or pretence for seizing the +sceptre both of England and Normandy; and when violence and usurpation +are once begun, necessity obliges a prince to continue in the same +criminal course, and engages him in measures which his better judgment +and sounder principles would otherwise have induced him to reject with +warmth and indignation. +[FN [b] Order. Vital. p. 805.] + +King Henry was much addicted to women; and historians mention no less +than seven illegitimate sons and six daughters born to him [c]. +Hunting was also one of his favourite amusements; and he exercised +great rigour against those who encroached on the royal forests, which +were augmented during his reign [d], though their number and extent +were already too great. To kill a stag was as criminal as to murder a +man: he made all the dogs be mutilated which were kept on the borders +of his forests; and he sometimes deprived his subjects of the liberty +of hunting on their own lands, or even cutting their own woods. In +other respects, he executed justice, and that with rigour; the best +maxim which a prince in that age could follow. Stealing was first +made capital in this reign [e]; false coining, which was then a very +common crime, and by which the money had been extremely debased, was +severely punished by Henry [f]. Near fifty criminals of this kind +were at one time hanged or mutilated; and though these punishments +seem to have been exercised in a manner somewhat arbitrary, they were +grateful to the people, more attentive to present advantages than +jealous of general laws. There is a code which passes under the name +of Henry I., but the best antiquaries have agreed to think it +spurious. It is however a very ancient compilation, and may be useful +to instruct us in the manners and customs of the times. We learn from +it, that a great distinction was then made between the English and +Normans, much to the advantage of the latter [g]. The deadly feuds, +and the liberty of private revenge, which had been avowed by the Saxon +laws, were still continued, and were not yet wholly illegal [h]. +[FN [c] Gul. Gemet. lib. 8. cap. 29. [d] W. Malm. p. 179. [e] Sim. +Dunelm p. 231. Brompton, p. 1000. Flor. Wigorn. p. 653. Hoveden, p. +471. [f] Sim. Dunelm. p. 231. Brompton, p. 1000. Hoveden, p. 471. +Annal. Waverl. p. 149. [g] LL. Hen. I. Sec, 18, 75. [h] Ibid. Sec. +82.] + +Among the laws granted on the king's accession, it is remarkable that +the reunion of the civil and ecclesiastical courts, as in the Saxon +times, was enacted [i]. But this law, like the articles of his +charter, remained without effect, probably from the opposition of +Archbishop Anselm. +[FN [i] Spellm. p. 305. Blackstone, vol. iii. p. 63. Coke, 2 Inst. +70.] + +Henry, on his accession, granted a charter to London, which seems to +have been the first step towards rendering that city a corporation. +By this charter, the city was empowered to keep the farm of Middlesex +at three hundred pounds a year, to elect its own sheriff and +justiciary, and to hold pleas of the crown: and it was exempted from +scot, Danegelt, trials by combat, and lodging the king's retinue. +These, with a confirmation of the privileges of their court of +hustings, wardmotes, and common halls, and their liberty of hunting in +Middlesex and Surrey, are the chief articles of this charter [k]. +[FN [k] Lambardi Archaionomia ex edit. Twisden. Wilkins, p. 235.] + +It is said [l], that this prince, from indulgence to his tenants, +changed the rents of his demesnes, which were formerly paid in kind, +into money, which was more easily remitted to the exchequer. But the +great scarcity of coin would render that commutation difficult to be +executed, while at the same time provisions could not be sent to a +distant quarter of the kingdom. This affords a probable reason why +the ancient kings of England so frequently changed their place of +abode: they carried their court from one place to another, that they +might consume upon the spot the revenue of their several demesnes. +[FN [l] Dial. de Scaccario, lib. 1. cap. 7.] + + + + +CHAPTER VII. + +STEPHEN. + +ACCESSION OF STEPHEN--WAR WITH SCOTLAND.--INSURRECTION IN FAVOUR OF +MATILDA.--STEPHEN TAKEN PRISONER.--MATILDA CROWNED.—STEPHEN RELEASED. +--RESTORED TO THE CROWN.--CONTINUATION OF THE CIVIL WARS.--COMPROMISE +BETWEEN THE KING AND PRINCE HENRY.—DEATH OF THE KING. + + + +[MN 1135.] In the progress and settlement of the feudal law, the male +succession to fiefs had taken place some time before the female was +admitted; and estates being considered as military benefices, not as +property, were transmitted to such only as could serve in the armies, +and perform in person the conditions upon which they were originally +granted. But when the continuance of rights, during some generations, +in the same family, had in a great measure, obliterated the primitive +idea, the females were gradually admitted to the possession of feudal +property; and the same revolution of principles which procured them +the inheritance of private estates naturally introduced their +succession to government and authority. The failure, therefore, of +male heirs to the kingdom of England and duchy of Normandy seemed to +leave the succession open, without a rival, to the Empress Matilda; +and as Henry had made all his vassals, in both states, swear fealty to +her, he presumed that they would not easily be induced to depart at +once from her hereditary right, and from their own reiterated oaths +and engagements. But the irregular manner in which he himself had +acquired the crown might have instructed him, that neither his Norman +nor English subjects were as yet capable of adhering to a strict rule +of government; and as every precedent of this kind seems to give +authority to new usurpations, he had reason to dread, even from his +own family, some invasion of his daughter's title which he had taken +such pains to establish. + +Adela, daughter of William the Conqueror, had been married to Stephen, +Count of Blois, and had brought him several sons, among whom Stephen +and Henry, the two youngest, had been invited over to England by the +late king, and had received great honours, riches, and preferment, +from the zealous friendship which that prince bore to every one that +had been so fortunate as to acquire his favour and good opinion. +Henry, who had betaken himself to the ecclesiastical profession, was +created Abbot of Glastonbury and Bishop of Winchester; and though +these dignities were considerable, Stephen had, from his uncle's +liberality, attained establishments still more solid and durable [a]. +The king had married him to Matilda, who was daughter and heir of +Eustace Count of Boulogne, and who brought him, besides that feudal +sovereignty in France, an immense property in England, which, in the +distribution of lands, had been conferred by the Conqueror on the +family of Boulogne. Stephen also by this marriage acquired a new +connexion with the royal family of England; as Mary, his wife's +mother, was sister to David the reigning King of Scotland, and to +Matilda, the first wife of Henry, and mother of the empress. The +king, still imagining that he strengthened the interests of his family +by the aggrandizement of Stephen, took pleasure in enriching him by +the grant of new possessions; and he conferred on him the great estate +forfeited by Robert Mallet in England, and that forfeited by the Earl +of Mortaigne in Normandy. Stephen, in return, professed great +attachment to his uncle; and appeared so zealous for the succession of +Matilda, that when the barons swore fealty to that princess, he +contended with Robert, Earl of Gloucester, the king's natural son, who +should first be admitted to give her this testimony of devoted zeal +and fidelity [b]. Meanwhile he continued to cultivate, by every art +of popularity, the friendship of the English nation; and many virtues, +with which he seemed to be endowed, favoured the success of his +intentions. By his bravery, activity, and vigour, he acquired the +esteem of the barons: by his generosity, and by an affable and +familiar address, unusual in that age among men of his high quality, +he obtained the affections of the people, particularly of the +Londoners [c]. And though he dared not to take any steps towards his +farther grandeur, lest he should expose himself to the jealousy of so +penetrating a prince as Henry; he still hoped that, by accumulating +riches and power, and by acquiring popularity, he might in time be +able to open his way to the throne. +[FN [a] Gul. Neubr. p. 360. Brompton, p. 1023. [b] W. Malm. p. 192.] + +No sooner had Henry breathed his last, than Stephen, insensible to all +the ties of gratitude and fidelity, and blind to danger, gave full +reins to his criminal ambition, and trusted that, even without any +previous intrigue, the celerity of his enterprise, and the boldness of +his attempt, might overcome the weak attachment which the English and +Normans in that age bore to the law and to the rights of their +sovereign. He hastened over to England; and though the citizens of +Dover, and those of Canterbury, apprized of his purpose, shut their +gates against him, he stopped not till he arrived at London, where +some of the lower rank, instigated by his emissaries, as well as moved +by his general popularity, immediately saluted him king. His next +point was to acquire the good will of the clergy; and by performing +the ceremony of his coronation, to put himself in possession of the +throne, from which he was confident it would not be easy afterwards to +expel him. His brother, the Bishop of Winchester, was useful to him +in these capital articles: having gained Roger, Bishop of Salisbury, +who, though he owed a great fortune and advancement to the favour of +the late king, preserved no sense of gratitude to that prince's +family, he applied, in conjunction with that prelate, to William, +Archbishop of Canterbury, and required him, in virtue of his office, +to give the royal unction to Stephen. The primate, who, as all the +others, had shown fealty to Matilda, refused to perform this ceremony; +but his opposition was overcome by an expedient equally dishonourable +with the other steps by which this revolution was effected. Hugh +Bigod, steward of the household, made oath before the primate, that +the late king, on his deathbed, had shown a dissatisfaction with his +daughter Matilda, and had expressed his intention of leaving the Count +of Boulogne heir to all his dominions [d]. [MN 1135. 22d. Dec.] +William, either believing, of feigning to believe, Bigod's testimony, +anointed Stephen, and put the crown upon his head; and from this +religious ceremony that prince, without any shadow either of +hereditary title, or consent of the nobility or people, was allowed to +proceed to the exercise of sovereign authority. Very few barons +attended his coronation [e]; but none opposed his usurpation, however +unjust or flagrant. The sentiment of religion, which, if corrupted +into superstition, has often little efficacy in fortifying the duties +of civil society, was not affected by the multiplied oaths taken in +favour of Matilda, and only rendered the people obedient to a prince, +who was countenanced by the clergy, and who had received from the +primate the rite of royal unction and consecration [f]. +[FN [c] W. Malm. p. 179. Gest. Steph. p. 928. [d] Matt. Paris, p. +51. Diceto, p. 505. Chron. Dunst. p. 23. [e] Brompton, p. 1023. +[f] Such stress was formerly laid on the rite of coronation, that the +monkish writers never give any prince the title of king till he is +crowned; though he had for some time been in possession of the crown, +and exercised all the powers of sovereignty.] + +Stephen, that he might farther secure his tottering throne, passed a +charter, in which he made liberal promises to all orders of men: to +the clergy, that he would speedily fill all vacant benefices, and +would never levy the rents of any of them during the vacancy; to the +nobility, that he would reduce the royal forests to their ancient +boundaries, and correct all encroachments; and to the people, that he +would remit the tax of Danegelt, and restore the laws of King Edward +[g]. The late king had a great treasure at Winchester, amounting to a +hundred thousand pounds; and Stephen, by seizing this money, +immediately turned against Henry's family the precaution, which that +prince had employed for their grandeur and security: an event which +naturally attends the policy of amassing treasures. By means of this +money, the usurper ensured the compliance, though not the attachment, +of the principal clergy and nobility; but not trusting to this frail +security, he invited over from the continent, particularly from +Britany and Flanders, great numbers of these bravoes or disorderly +soldiers, with whom every country in Europe, by reason of the general +ill police and turbulent government, extremely abounded [h]. These +mercenary troops guarded his throne by the terrors of the sword; and +Stephen, that he might also overawe all malecontents by new and +additional terrors of religion, procured a bull from Rome, which +ratified his title, and which the pope, seeing this prince in +possession of the throne, and pleased with an appeal to his authority +in secular controversies, very readily granted him [i]. +[FN [g] W. Malmes. p. 179. Hoveden, p. 482. [h] W. Malm. p. 179. +[i] Hagulstadt, p. 259, 313.] + +[MN 1136.] Matilda, and her husband Geoffrey, were as unfortunate in +Normandy as they had been in England. The Norman nobility, moved by +an hereditary animosity against the Angevins, first applied to +Theobald, Count of Blois, Stephen's elder brother, for protection and +assistance; but hearing afterwards that Stephen had got possession of +the English crown, and having many of them the same reasons as +formerly for desiring a continuance of their union with that kingdom, +they transferred their allegiance to Stephen, and put him in +possession of their government. Lewis the younger, the reigning King +of France, accepted the homage of Eustace, Stephen's eldest son, for +the duchy; and the more to corroborate his connexions with that +family, he betrothed his sister, Constantia, to the young prince. The +Count of Blois resigned all his pretensions, and received, in lieu of +them, an annual pension of two thousand marks; and Geoffrey himself +was obliged to conclude a truce for two years with Stephen, on +condition of the king's paying him, during that time, a pension of +five thousand [k]. Stephen, who had taken a journey to Normandy, +finished all these transactions in person, and soon after returned to +England. +[FN [k] M. Paris, p. 52.] + +Robert, Earl of Gloucester, natural son of the late king, was a man of +honour and abilities; and as he was much attached to the interests of +his sister, Matilda, and zealous for the lineal succession, it was +chiefly from his intrigues and resistance that the king had reason to +dread a new revolution of government. This nobleman, who was in +Normandy when he received intelligence of Stephen's accession, found +himself much embarrassed concerning the measures which he should +pursue in that difficult emergency. To swear allegiance to the +usurper appeared to him dishonourable, and a breach of his oath to +Matilda: to refuse giving this pledge of his fidelity, was to banish +himself from England, and be totally incapacitated from serving the +royal family, or contributing to their restoration [l]. He offered +Stephen to do him homage, and to take the oath of fealty; but with an +express condition, that the king should maintain all his stipulations, +and should never invade any of Robert's rights or dignities: and +Stephen, though sensible that this reserve, so unusual in itself, and +so unbefitting the duty of a subject, was meant only to afford Robert +a pretence for a revolt on the first favourable opportunity, was +obliged, by the numerous friends and retainers of that nobleman, to +receive him on those terms [m]. The clergy, who could scarcely, at +this time, be deemed subjects to the crown, imitated that dangerous +example: they annexed to their oaths of allegiance this condition, +that they were only bound so long as the king defended the +ecclesiastical liberties, and supported the discipline of the church +[n]. The barons, in return for their submission, exacted terms still +more destructive of public peace, as well as of royal authority: many +of them required the right of fortifying their castles, and of putting +themselves in a posture of defence; and the king found himself totally +unable to refuse his consent to this exorbitant demand [o]. All +England was immediately filled with those fortresses, which the +noblemen garrisoned either with their vassals, or with licentious +soldiers, who flocked to them from all quarters. Unbounded rapine was +exercised upon the people for the maintenance of these troops; and +private animosities, which had with difficulty been restrained by law, +now breaking out without control, rendered England a scene of +uninterrupted violence and devastation. Wars between the nobles were +carried on with the utmost fury in every quarter; the barons even +assumed the right of coining money, and of exercising, without appeal, +every act of jurisdiction [p]; and the inferior gentry, as well as the +people, finding no defence from the laws during this total dissolution +of sovereign authority, were obliged for their immediate safety, to +pay court to some neighbouring chieftain, and to purchase his +protection, both by submitting to his exactions, and by assisting him +in his rapine upon others. The erection of one castle proved the +immediate cause of building many others; and even those who obtained +not the king's permission, thought that they were entitled, by the +great principle of self-preservation, to put themselves on an equal +footing with their neighbours, who commonly were also their enemies +and rivals. The aristocratical power, which is usually so oppressive +in the feudal governments, had now risen to its utmost height, during +the reign of a prince, who, though endowed with vigour and abilities, +had usurped the throne without the pretence of a title, and who was +necessitated to tolerate in others the same violence, to which he +himself had been beholden for his sovereignty. +[FN [l] W Malmes. p. 179. [m] Ibid. M. Paris, p. 51. [n] W. Malm, +p. 179. [o] Ibid. p. 180. [p] Trivet, p. 19 Gill. Neub. p. 372. +Chron. Heming. p. 487. Brompton, p. 1035.] + +But Stephen was not of a disposition to submit long to these +usurpations, without making some effort for the recovery of royal +authority. Finding that the legal prerogatives of the crown were +resisted and abridged, he was also tempted to make his power the sole +measure of his conduct; and to violate all those concessions which he +himself had made on his accession [q], as well as the ancient +privileges of his subjects. The mercenary soldiers, who chiefly +supported his authority, having exhausted the royal treasure, +subsisted by depredations; and every place was filled with the best +grounded complaints against the government. [MN 1137.] The Earl of +Gloucester, having now settled with his friends the plan of an +insurrection, retired beyond sea, sent the king a defiance, solemnly +renounced his allegiance, and upbraided him with the breach of those +conditions which had been annexed to the oath of fealty sworn by that +nobleman [r]. [MN 1138. War with Scotland.] David, King of Scotland, +appeared at the head of an army in defence of his niece's title, and +penetrating into Yorkshire, committed the most barbarous devastations +on that country. The fury of his massacres and ravages enraged the +northern nobility, who might otherwise have been inclined to join +him; and William, Earl of Albemarle, Robert de Ferrers, William +Piercy, Robert de Brus, Roger Moubray, Ilbert Lacey, Walter l'Espec, +powerful barons in those parts, assembled an army with which they +encamped at North-Allerton, and awaited the arrival of the enemy. [MN +22d. Aug.] A great battle was here fought, called the battle of the +STANDARD, from a high crucifix, erected by the English on a waggon, +and carried along with the army as a military ensign. The King of +Scots was defeated, and he himself, as well as his son Henry, narrowly +escaped falling into the hands of the English. This success overawed +the malecontents in England, and might have given some stability to +Stephen's throne, had he not been so elated with prosperity as to +engage in a controversy with the clergy, who were at that time an +overmatch for any monarch. +[FN [q] W. Malm. p. 180. M. Paris, p. 51. [r] W. Malm. p. 180.] + +Though the great power of the church, in ancient times, weakened the +authority of the crown, and interrupted the course of the laws, it may +be doubted, whether, in ages of such violence and outrage, it was not +rather advantageous that some limits were set to the power of the +sword, both in the hands of the prince and nobles, and that men were +taught to pay regard to some principles and privileges. The chief +misfortune was, that the prelates on some occasions acted entirely as +barons, employed military power against their sovereign or their +neighbours, and thereby often increased those disorders which it was +their duty to repress. The Bishop of Salisbury, in imitation of the +nobility, had built two strong castles, one at Sherborne, another at +Devizes, and had laid the foundations of a third at Malmesbury: his +nephew, Alexander, Bishop of Lincoln, had erected a fortress at +Newark: and Stephen, who was now sensible from experience of the +mischiefs attending these multiplied citadels, resolved to begin with +destroying those of the clergy, who, by their function, seemed less +entitled than the barons to such military securities [s]. [MN 1139.] +Making pretence of a fray which had arisen in court between the +retinue of the Bishop of Salisbury and that of the Earl of Britany, he +seized both that prelate and the Bishop of Lincoln, threw them into +prison, and obliged them by menaces to deliver up those places of +strength which they had lately erected [t]. +[FN [s] Gul. Neubr. p. 362. [t] Chron. Sax. p. 238. W. Malmes. p. +181.] + +Henry, Bishop of Winchester, the king's brother, being armed with a +legatine commission, now conceived himself to be an ecclesiastical +sovereign, no less powerful than the civil; and, forgetting the ties +of blood which connected him with the king, he resolved to vindicate +the clerical privileges, which, he pretended, were here openly +violated. [MN 30th Aug.] He assembled a synod at Westminster, and +there complained of the impiety of Stephen's measures, who had +employed violence against the dignitaries of the church, and had not +awaited the sentence of a spiritual court, by which alone, he +affirmed, they could lawfully be tried and condemned, if their conduct +had anywise merited censure or punishment. [u]. The synod ventured to +send a summons to the king charging him to appear before them, and to +justify his measures [w]; and Stephen, instead of resenting this +indignity, sent Aubrey de Vere to plead his cause before that +assembly. De Vere accused the two prelates of treason and sedition; +but the synod refused to try the cause, or examine their conduct, till +those castles, of which they had been dispossessed, were previously +restored to them [x]. The Bishop of Salisbury declared that he would +appeal to the pope; and had not Stephen and his partisans employed +menaces, and even shown a disposition of executing violence by the +hands of the soldiery, affairs had instantly come to extremity between +the crown and the mitre [y]. +[FN [u] W. Malm. p. 182. [w] Ibid. M Paris, p. 53. [x] W. Malm. p. +183. [y] Ibid.] + +While this quarrel, joined to so many other grievances, increased the +discontents among the people, the empress, invited by the opportunity, +and secretly encouraged by the legate himself, landed in England with +Robert Earl of Gloucester, and a retinue of a hundred and forty +knights. She fixed her residence at Arundel Castle, whose gates were +opened to her by Adelais, the queen-dowager, now married to William de +Albini, Earl of Sussex; and she excited, by messengers, her partisans +to take arms in every county of England. [MN 1139. 22d Sept. +Insurrection in favour of Matilda.] Adelais, who had expected that +her daughter-in-law would have invaded the kingdom with a much greater +force, became apprehensive of danger; and Matilda, to ease her of her +fears, removed, first to Bristol, which belonged to her brother +Robert, thence to Gloucester, where she remained under the protection +of Milo, a gallant nobleman in those parts, who had embraced her +cause. Soon after Geoffrey Talbot, William Mohun, Ralph Lovel, +William Fitz-John, William Fitz-Alan, Paganell, and many other barons, +declared for her; and her party, which was generally favoured in the +kingdom, seemed every day to gain ground upon that of her antagonist. + +Were we to relate all the military events transmitted to us by +contemporary and authentic historians, it would be easy to swell our +accounts of this reign into a large volume: but those incidents, so +little memorable in themselves, and so confused both in time and +place, could afford neither instruction nor entertainment to the +reader. It suffices to say, that the war was spread into every +quarter, and that those turbulent barons, who had already shaken off, +in a great measure, the restraint of government, having now obtained +the pretence of a public cause, carried on their devastations with +redoubled fury, exercised implacable vengeance on each other, and set +no bounds to their oppressions over the people. The castles of the +nobility were become receptacles of licensed robbers; who, sallying +forth day and night, committed spoil on the open country, on the +villages, and even on the cities, put the captives to torture, in +order to make them reveal their treasures; sold their persons to +slavery; and set fire to their houses, after they had pillaged them of +every thing valuable. The fierceness of their disposition, leading +them to commit wanton destruction, frustrated their rapacity of its +purpose; and the property and persons even of the ecclesiastics, +generally so much revered, were at last, from necessity, exposed to +the same outrage which had laid waste the rest of the kingdom. The +land was left untilled; the instruments of husbandry were destroyed or +abandoned; and a grievous famine, the natural result of those +disorders, affected equally both parties, and reduced the spoilers as +well as the defenceless people to the most extreme want and indigence +[z]. +[FN [z] Chron. Sax. p. 238. W. Malmes. p. 185. Gest. Steph p. 961.] + +[MN 1140.] After several fruitless negotiations and treaties of +peace, which never interrupted these destructive hostilities, there +happened at last an event, which seemed to promise some end of the +public calamities. Ralph, Earl of Chester, and his half-brother, +William de Roumara, partisans of Matilda, had surprised the castle of +Lincoln; but the citizens, who were better affected to Stephen, having +invited him to their aid, that prince laid close siege to the castle, +in hopes of soon rendering himself master of the place, either by +assault or by famine. The Earl of Gloucester hastened with an army to +the relief of his friends; and Stephen, informed of his approach, took +the field with a resolution of giving him battle. [MN 1141. 2d Feb.] +After a violent shock, the two wings of the royalists were put to +flight; and Stephen himself, surrounded by the enemy, was at last, +after exerting great efforts of valour, borne down by numbers, and +taken prisoner. [MN Stephen taken prisoner.] He was conducted to +Gloucester; and though at first treated with humanity was soon after, +on some suspicion, thrown into prison and loaded with irons. + +Stephen's party was entirely broken by the captivity of their leader, +and the barons came in daily from all quarters, and did homage to +Matilda. The princess, however, amidst all her prosperity, knew that +she was not secure of success unless she could gain the confidence of +the clergy; and as the conduct of the legate had been of late very +ambiguous, and shown his intentions to have rather aimed at humbling +his brother than totally ruining him, she employed every endeavour to +fix him in her interests. [MN 2d March.] She held a conference with +him in an open plain near Winchester, where she promised, upon oath, +that if he would acknowledge her for sovereign, would recognize her +title as the sole descendant of the late king, and would again submit +to the allegiance which he, as well as the rest of the kingdom, had +sworn to her, he should in return be entire master of the +administration, and, in particular, should, at his pleasure, dispose +of all vacant bishoprics and abbeys. Earl Robert, her brother, Brian +Fitz-Count, Milo of Gloucester, and other great men, became guarantees +for her observing these engagements [a]; and the prelate was at last +induced to promise her allegiance, but that still burdened with the +express condition, that she should, on her part, fulfil her promises. +He then conducted her to Winchester, led her in procession to the +cathedral, and with great solemnity, in the presence of many bishops +and abbots, denounced curses against all those who cursed her, poured +out blessings on those who blessed her, granted absolution to such as +were obedient to her, and excommunicated such as were rebellious [b]. +Theobald, Archbishop of Canterbury, soon after came also to court, and +swore allegiance to the empress [c]. +[FN [a] W. Malm. p. 187. [b] Chron. Sax. p. 242. Contin. Flor. Wig. +p. 676. [c] W. Malmes p. 187.] + +[MN Matilda crowned.] Matilda, that she might farther ensure the +attachment of the clergy, was willing to receive the crown from their +hands; and instead of assembling the states of the kingdom, the +measure which the constitution, had it been either fixed or regarded, +seemed necessarily to require, she was content that the legate should +assemble an ecclesiastical synod, and that her title to the throne +should there be acknowledged. The legate, addressing himself to the +assembly, told them, that in the absence of the empress, Stephen, his +brother, had been permitted to reign, and, previously to his ascending +the throne, had induced them by many fair promises, of honouring and +exalting the church, of maintaining the laws, and of reforming all +abuses: that it grieved him to observe how much that prince had, in +every particular, been wanting to his engagements; public peace was +interrupted, crimes were daily committed with impunity, bishops were +thrown into prison and forced to surrender their possessions, abbeys +were put to sale, churches were pillaged, and the most enormous +disorders prevailed in the administration: that he himself, in order +to procure a redress of these grievances, had formerly summoned the +king before a council of bishops; but, instead of inducing him to +amend his conduct, had rather offended him by that expedient: that, +how much soever misguided, that prince was still his brother, and the +object of his aflections; but his interests, however, must be regarded +as subordinate to those of their heavenly Father, who had now rejected +him, and thrown him into the hands of his enemies: that it principally +belonged to the clergy to elect and ordain kings; he had summoned them +together for that purpose and having invoked the divine assistance; he +now pronounced Matilda, the only descendant of Henry, the late +sovereign, Queen of England. The whole assembly by their acclamations +or silence, gave, or seemed to give, their assent to this declaration +[d]. +[FN [d] W. Malmes. p. 188. This author, a judicious man, was present, +and says, that he was very attentive to what passed. This speech, +therefore, may he regarded as entirely genuine.] + +The only laymen summoned to this council, which decided the fate of +the crown, were the Londoners; and even these were required not to +give their opinion but to submit to the decrees of the synod. The +deputies of London, however, were not so passive: they insisted that +their king should be delivered from prison; but were told by the +legate, that it became not the Londoners, who were regarded as +noblemen in England, to take part with those barons, who had basely +forsaken their lord in battle, and who had treated the holy church +with contumely [e]: it is with reason that the citizens of London +assumed so much authority, if it be true, what is related by +Fitz-Stephen, a contemporary author, that that city could at this time +bring into the field no less than eighty thousand combatants [f]. +[FN [e] W. Malmes. p. 188. [f] P. 4. Were this account to be depended +on, London must at that time have contained near four hundred thousand +inhabitants, which is above double the number it contained at the +death of Queen Elizabeth. But these loose calculations, or rather +guesses, deserve very little credit. Peter of Blois, a contemporary +writer, and a man of sense, says there were then only forty thousand +inhabitants in London, which is much more likely. See Epist. 151. +What Fitz-Stephen says of the prodigious riches, splendour, and +commerce of London, proves only the great poverty of the other towns +of the kingdom, and indeed of all the northern parts of Europe.] + +London, notwithstanding its great power, and its attachment to +Stephen, was at length obliged to submit to Matilda; and her +authority, by the prudent conduct of Earl Robert, seemed to be +established over the whole kingdom: but affairs remained not long in +this situation. That princess, besides the disadvantages of her sex, +which weakened her influence over a turbulent and martial people, was +of a passionate, imperious spirit, and knew not how to temper with +affability the harshness of a refusal. Stephen's queen, seconded by +many of the nobility, petitioned for the liberty of her husband; and +offered that, on this condition, he should renounce the crown and +retire into a convent. The legate desired that Prince Eustace, his +nephew, might inherit Boulogne and the other patrimonial estates of +his father [g]: the Londoners applied for the establishment of King +Edward's laws, instead of those of King Henry, which, they said, were +grievous and oppressive [h]. All these petitions were rejected in the +most haughty and peremptory manner. +[FN [g] Brompton, p. 1031. [h] Contin. Flor. Wig. p. 577. Gervase, +p. 1355.] + +The legate, who had probably never been sincere in his compliance with +Matilda's government, availed himself of the ill-humour excited by +this imperious conduct, and secretly instigated the Londoners to a +revolt. A conspiracy was entered into to seize the person of the +empress; and she saved herself from the danger by a precipitate +retreat. She fled to Oxford: soon after she went to Winchester; +whither the legate, desirous to save appearances, and watching the +opportunity to ruin her cause, had retired. But having assembled all +his retainers, he openly joined his force to that of the Londoners, +and to Stephen's mercenary troops, who had not yet evacuated the +kingdom; and he besieged Matilda in Winchester. The princess, being +hard pressed by famine, made her escape; but in the flight, Earl +Robert, her brother, fell into the hands of the enemy. This nobleman, +though a subject, was as much the life and soul of his own party, as +Stephen was of the other; [MN Stephen released.] and the empress, +sensible of his merit and importance, consented to exchange the +prisoners on equal terms. The civil war was again kindled with +greater fury than ever. + +[MN 1142.] Earl Robert, finding the successes on both sides nearly +balanced, went over to Normandy, which, during Stephen's captivity, +had submitted to the Earl of Anjou; and he persuaded Geoffrey to allow +his eldest son, Henry, a young prince of great hopes, to take a +journey into England, and appear at the head of his partisans. This +expedient, however, produced nothing decisive. Stephen took Oxford +after a long siege [MN 1143.]: he was defeated by Earl Robert at +Wilton: and the empress, though of a masculine spirit, yet being +harassed with a variety of good and bad fortune, and alarmed with +continual dangers to her person and family, at last retired into +Normandy, whither she had sent her son some time before. [MN 1146. +Continuation of the civil wars.] The death of her brother, which +happened nearly about the same time, would have proved fatal to her +interests, had not some incidents occurred which checked the course of +Stephen's prosperity. This prince, finding that the castles built by +the noblemen of his own party encouraged the spirit of independence, +and were little less dangerous than those which remained in the hands +of the enemy, endeavoured to extort from them a surrender of those +fortresses; and he alienated the affections of many of them by this +equitable demand. The artillery also of the church, which his brother +had brought over to his side, had, after some interval, joined the +other party. Eugenius III. had mounted the papal throne; the Bishop +of Winchester was deprived of the legatine commission, which was +conferred on Theobald, Archbishop of Canterbury, the enemy and rival +of the former legate. That pontiff also, having summoned a general +council at Rheims, in Champaigne, instead of allowing the church of +England, as had been usual, to elect its own deputies, nominated five +English bishops to represent that church, and required their +attendance in the council. Stephen, who, notwithstanding his present +difficulties, was jealous of the rights of his crown, refused them +permission to attend [i]; and the pope, sensible of his advantage in +contending with a prince who reigned by a disputed title, took revenge +by laying all Stephen's party under an interdict [k]. [MN 1147.] The +discontents of the royalists, at being thrown into this situation, +were augmented by a comparison with Matilda's party, who enjoyed all +the benefits of the sacred ordinances; and Stephen was at last +obliged, by making proper submissions to the see of Rome, to remove +the reproach from his party [l]. +[FN [i] Epist. St. Thom. p. 225. [k] Chron. W. Thorn. p. 1807. [l] +Epist St. Thom. p. 226.] + +[MN 1148.] The weakness of both sides, rather than any decrease of +mutual animosity, having produced a tacit cessation of arms in +England, many of the nobility, Roger de Moubray, William de Warenne, +and others, finding no opportunity to exert their military ardour at +home, enlisted themselves in a new crusade, which, with surprising +success, after former disappointments and misfortunes, was now +preached by St. Bernard [m]. But an event soon after happened which +threatened a revival of hostilities in England. Prince Henry, who had +reached his sixteenth year, was desirous of receiving the honour of +knighthood; a ceremony which every gentleman in that age passed +through before he was admitted to the use of arms, and which was even +deemed requisite for the greatest princes. He intended to receive his +admission from his great-uncle, David, King of Scotland; and for that +purpose he passed through England with a great retinue, and was +attended by the most considerable of his partisans. He remained some +time with the King of Scotland; made incursions into England; and by +his dexterity and vigour in all manly exercises, by his valour in war, +and his prudent conduct in every occurrence, he roused the hopes of +his party, and gave symptoms of those great qualities which he +afterwards displayed when he mounted the throne of England. [MN +1150.] Soon after his return to Normandy, he was, by Matilda's +consent, invested in that duchy; and upon the death of his father, +Geoffrey, which happened in the subsequent year, he took possession +both of Anjou and Maine, and concluded a marriage, which brought him a +great accession of power, and rendered him extremely formidable to his +rival. Eleanor, the daughter and heir of William, Duke of Guienne and +Earl of Poictou, had been married sixteen years to Lewis VII. King of +France, [MN 1152.] and had attended him in a crusade, which that +monarch conducted against the infidels; but having there lost the +affections of her husband, and even fallen under some suspicion of +gallantry with a handsome Saracen, Lewis, more delicate than politic, +procured a divorce from her, and restored her those rich provinces, +which by her marriage she had annexed to the crown of France. Young +Henry, neither discouraged by the inequality of years, nor by the +reports of Eleanor's gallantries, made successful courtship to that +princess, and, espousing her six weeks after her divorce, got +possession of all her dominions as her dowry. The lustre which he +received from this acquisition, and the prospect of his rising +fortune, had such an effect in England, that, when Stephen, desirous +to ensure the crown to his son Eustace, required the Archbishop of +Canterbury to anoint that prince as his successor, the primate refused +compliance, and made his escape beyond sea, to avoid the violence and +resentment of Stephen. +[FN [m] Hagulst. p. 275, 276.] + +[MN 1153.] Henry, informed of these dispositions in the people, made +an invasion on England. Having gained some advantage over Stephen at +Malmesbury, and having taken that place, he proceeded thence to throw +succours into Wallingford, which the king had advanced with a superior +army to besiege. A decisive action was every day expected; when the +great men of both sides, terrified at the prospect of farther +bloodshed and confusion, interposed with their good offices, and set +on foot a negotiation between the rival princes. The death of +Eustace, during the course of the treaty, facilitated its conclusion; +[MN Compromise between the king and Prince Henry.] an accommodation +was settled, by which it was agreed, that Stephen should possess the +crown during his lifetime, that justice should be administered in his +name, even in the provinces which had submitted to Henry, and that +this latter prince should, on Stephen's demise, succeed to the +kingdom, and William, Stephen's son, to Boulogne and his patrimonial +estate. After all the barons had sworn to the observance of this +treaty, and done homage to Henry, as to the heir of the crown, that +prince evacuated the kingdom; [MN Death of the king, Oct. 25, 1154.] +and the death of Stephen, which happened the next year, after a short +illness, prevented all those quarrels and jealousies which were likely +to have ensued in so delicate a situation. + +England suffered great miseries during the reign of this prince: but +his personal character, allowing for the temerity and injustice of his +usurpation, appears not liable to any great exception; and he seems to +have been well qualified, had he succeeded by a just title, to have +promoted the happiness and prosperity of his subjects [n]. He was +possessed of industry, activity, and courage, to a great degree; +though not endowed with a sound judgment, he was not deficient in +abilities; he had the talent of gaining men's affections; and +notwithstanding his precarious situation, he never indulged himself in +the exercise of any cruelty or revenge [o]. His advancement to the +throne procured him neither tranquillity nor happiness; and though the +situation of England prevented the neighbouring states from taking any +durable advantage of her confusions, her intestine disorders were to +the last degree ruinous and destructive. The court of Rome was also +permitted, during those civil wars, to make farther advances in her +usurpations; and appeals to the pope, which had always been strictly +prohibited by the English laws, became now common in every +ecclesiastical controversy [p]. +[FN [n] W. Malm. p. 180. [o] M. Paris, p. 51. Hagul. p. 312. [p] H. +Hunt. p. 395.] + + + + +CHAPTER VIII. + +HENRY II. + +STATE OF EUROPE--OF FRANCE.--FIRST ACTS OF HENRY'S GOVERNMENT-- +DISPUTES BETWEEN THE CIVIL AND ECCLESIASTICAL POWERS.—THOMAS À BECKET, +ARCHBISHOP OF CANTERBURY.--QUARREL BETWEEN THE KING AND BECKET.-- +CONSTITUTIONS OF CLARENDON.--BANISHMENT OF BECKET.--COMPROMISE WITH +HIM.--HIS RETURN FROM BANISHMENT.--HIS MURDER--GRIEF AND SUBMISSION OF +THE KING. + + + +[MN 1154. State of Europe] +The extensive confederacies by which the European potentates are now +at once united and set in opposition to each other, and which, though +they are apt to diffuse the least spark of dissension throughout the +whole, are at least attended with this advantage, that they prevent +any violent revolutions or conquests in particular states, were +totally unknown in ancient ages; and the theory of foreign politics, +in each kingdom, formed a speculation much less complicated and +involved than at present. Commerce had not yet bound together the +most distant nations in so close a chain: wars, finished in one +campaign, and often in one battle, were little affected by the +movements of remote states: the imperfect communication among the +kingdoms, and their ignorance of each other's situation, made it +impracticable for a great number of them to combine in one project or +effort: and above all, the turbulent spirit and independent situation +of the barons or great vassals in each state gave so much occupation +to the sovereign, that he was obliged to confine his attention chiefly +to his own state and his own system of government, and was more +indifferent about what passed among his neighbours. Religion alone, +not politics, carried abroad the views of princes; while it either +fixed their thoughts on the Holy Land, whose conquest and defence was +deemed a point of common honour and interest, or engaged them in +intrigues with the Roman pontiff, to whom they had yielded the +direction of ecclesiastical affairs, and who was every day assuming +more authority than they were willing to allow him. + +Before the conquest of England by the Duke of Normandy, this island +was as much separated from the rest of the world in politics as in +situation; and except from the inroads of the Danish pirates, the +English, happily confined at home, had neither enemies nor allies on +the continent. The foreign dominions of William connected them with +the king and great vassals of France; and while the opposite +pretensions of the pope and emperor in Italy produced a continual +intercourse between Germany and that country, the two great monarchs +of France and England formed, in another part of Europe, a separate +system; and carried on their wars and negotiations, without meeting +either with opposition or support from the others. + +[MN State of France.] +On the decline of the Carlovingian race, the nobles in every province +of France, taking advantage of the weakness of the sovereign, and +obliged to provide, each for his own defence, against the ravages of +the Norman freebooters, had assumed, both in civil and military +affairs, an authority almost independent, and had reduced within very +narrow limits the prerogative of their princes. The accession of Hugh +Capet, by annexing a great fief to the crown, had brought some +addition to the royal dignity; but this fief, though considerable for +a subject, appeared a narrow basis of power for a prince who was +placed at the head of so great a community. The royal demesnes +consisted only of Paris, Orleans, Estampes, Compeigne, and a few +places scattered over the northern provinces: in the rest of the +kingdom, the prince's authority was rather nominal than real: the +vassals were accustomed, nay entitled, to make war, without his +permission, on each other: they were even entitled, if they conceived +themselves injured, to turn their arms against their sovereign: they +exercised all civil jurisdiction, without appeal, over their tenants +and inferior vassals: their common jealousy of the crown easily united +them against any attempt on their exorbitant privileges; and as some +of them had attained the power and authority of great princes, even +the smallest baron was sure of immediate and effectual protection. +Besides six ecclesiastical peerages, which, with the other immunities +of the church, cramped extremely the general execution of justice, +there were six lay peerages, Burgundy, Normandy, Guienne, Flanders, +Toulouse, and Champaigne, which formed very extensive and puissant +sovereignties. And though the combination all those princes and +barons could, on urgent occasions, muster a mighty power; yet it was +very difficult to set that great machine in movement; it was almost +impossible to preserve harmony in its parts; a sense of common +interest alone could, for a time, unite them under their sovereign +against a common enemy; but if the king attempted to turn the force of +the community against any mutinous vassal, the same sense of common +interest made the others oppose themselves to the success of his +pretensions. Lewis the Gross, the last sovereign, marched at one time +to his frontiers against the Germans at the head of an army of two +hundred thousand men; but a petty lord of Corbeil, of Puiset, of +Couci, was able, at another period, to set that prince at defiance, +and to maintain open war against him. + +The authority of the English monarch was much more extensive within +his kingdom, and the disproportion much greater between him and the +most powerful of his vassals. His demesnes and revenue were large, +compared to the greatness of his state: he was accustomed to levy +arbitrary exactions on his subjects; his courts of judicature extended +their jurisdiction into every part of the kingdom: he could crush by +his power, or by a judicial sentence, well or ill founded, any +obnoxious baron: and though the feudal institutions which prevailed in +his kingdom had the same tendency as in other states to exalt the +aristocracy and depress the monarchy, it required, in England, +according to its present constitution, a great combination of the +vassals to oppose their sovereign lord, and there had not hitherto +arisen any baron so powerful, as of himself to levy war against the +prince, and to afford protection to the inferior barons. + +While such were the different situations of France and England, and +the latter enjoyed so many advantages above the former, the accession +of Henry II., a prince of great abilities, possessed of so many rich +provinces on the continent, might appear an event dangerous, if not +fatal, to the French monarchy, and sufficient to break entirely the +balance between the states. He was master, in the right of his +father, of Anjou and Touraine; in that of his mother, of Normandy and +Maine; in that of his wife, of Guienne, Poictou, Xaintogne, Auvergne, +Perigord, Angoumois, the Limousin. He soon after annexed Britany to +his other states, and was already possessed of the superiority over +that province, which, on the first cession of Normandy to Rollo, the +Dane, had been granted by Charles the Simple, in vassalage to that +formidable ravager. These provinces composed above a third of the +whole French monarchy, and were much superior, in extent and opulence, +to those territories which were subjected to the immediate +jurisdiction and government of the king. The vassal was here more +powerful than his liege lord: the situation which had enabled Hugh +Capet to depose the Carlovingian princes seemed to be renewed, and +that with much greater advantages on the side of the vassal; and when +England was added to so many provinces, the French king had reason to +apprehend, from this conjuncture, some great disaster to himself and +to his family: but in reality, it was this circumstance, which +appeared so formidable, that saved the Capetian race, and, by its +consequences, exalted them to that pitch of grandeur which they at +present enjoy. + +The limited authority of the prince in the feudal constitutions +prevented the King of England from employing with advantage the force +of so many states, which were subjected to his government; and these +different members, disjoined in situation, and disagreeing in laws, +language, and manners, were never thoroughly cemented into one +monarchy. He soon became, both from his distant place of residence, +and from the incompatibility of interests, a kind of foreigner to his +French dominions; and his subjects on the continent considered their +allegiance as more naturally due to their superior lord, who lived in +their neighbourhood, and who was acknowledged to be the supreme head +of their nation. He was always at hand to invade them; their +immediate lord was often at too great a distance to protect them; and +any disorder in any part of his dispersed dominions gave advantages +against him. The other powerful vassals of the French crown were +rather pleased to see the expulsion of the English, and were not +affected with that jealousy, which would have arisen from the +oppression of a co-vassal, who was of the same rank with themselves. +By this means, the King of France found it more easy to conquer those +numerous provinces from England, than to subdue a Duke of Normandy or +Guienne, a Count of Anjou, Maine, or Poictou. And after reducing such +extensive territories, which immediately incorporated with the body of +the monarchy, he found greater facility in uniting to the crown the +other great fiefs which still remained separate and independent. + +But as these important consequences could not be foreseen by human +wisdom, the King of France remarked with terror the rising grandeur of +the house of Anjou, or Plantagenet; and, in order to retard its +progress, he had ever maintained a strict union with Stephen, and had +endeavoured to support the tottering fortunes of that bold usurper. +But after this prince's death it was too late to think of opposing the +succession of Henry, or preventing the performance of those +stipulations which, with the unanimous consent of the nation, he had +made with his predecessor. The English, harassed with civil wars, and +disgusted with the bloodshed and depredations which, during the course +of so many years, had attended them, were little disposed to violate +their oaths, by excluding the lawful heir from the succession of their +monarchy [a]. Many of the most considerable fortresses were in the +hands of his partisans; the whole nation had had occasion to see the +noble qualities with which he was endowed [b], and to compare them +with the mean talents of William the son of Stephen; and as they were +acquainted with his great power, and were rather pleased to see the +accession of so many foreign dominions to the crown of England, they +never entertained the least thoughts of resisting them. Henry +himself, sensible of the advantages attending his present situation, +was in no hurry to arrive in England; and being engaged in the siege +of a castle on the frontiers of Normandy, when he received +intelligence of Stephen's death, [MN Dec.] he made it a point of +honour not to depart from his enterprise till he had brought it to an +issue. He then set out on his journey and was received in England +with the acclamations of all orders of men, who swore with pleasure +the oath of fealty and allegiance to him. +[FN [a] Matt. Paris, p. 65. [b] Gul. Neubr. p. 381.] + +[MN 1155. First acts of Henry’s government.] +The first acts of Henry's government corresponded to the high idea +entertained of his abilities, and prognosticated the re-establishment +of justice and tranquillity, of which the kingdom had so long been +bereaved. He immediately dismissed all those mercenary soldiers who +had committed great disorders in the nation; and he sent them abroad, +together with William of Ypres, their leader, the friend and confidant +of Stephen [c]. He revoked all the grants made by his predecessor +[d], even those which necessity had extorted from the Empress Matilda; +and that princess, who had resigned her rights in favour of Henry, +made no opposition to a measure so necessary for supporting the +dignity of the crown. He repaired the coin, which had been extremely +debased during the reign of his predecessor; and he took proper +measures against the return of a like abuse [e]. He was vigorous in +the execution of justice, and in the suppression of robbery and +violence; and that he might restore authority to the laws, he caused +all the new erected castles to be demolished, which had proved so many +sanctuaries to freebooters and rebels [f]. The Earl of Albemarle, +Hugh Mortimer, and Roger the son of Milo of Gloucester, were inclined +to make some resistance to this salutary measure; but the approach of +the king with his forces soon obliged them to submit. +[FN [c] Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. Chron. +T. Wykes, p. 30. [d] Neub. p. 382. [e] Hoveden, p. 491. [f] +Hoveden, p. 491. Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. +Brompton, p. 1043.] + +[MN 1156.] Every thing being restored to full tranquillity in +England, Henry went abroad in order to oppose the attempts of his +brother Geoffrey, who, during his absence, had made an incursion into +Anjou and Maine, had advanced some pretensions to those provinces, and +had got possession of a considerable part of them [g]. On the king’s +appearance, the people returned to their allegiance; and Geoffrey, +resigning his claim for an annual pension of a thousand pounds, +departed and took possession of the county of Nantz, which the +inhabitants, who had expelled Count Hoel, their prince, had put into +his hands. [MN 1157.] Henry returned to England the following year: +the incursions of the Welsh then provoked him to make an invasion upon +them; where the natural fastnesses of the country occasioned him great +difficulties, and even brought him into danger. His vanguard, being +engaged in a narrow pass, was put to rout. Henry de Essex, the +hereditary standard-bearer, seized with a panic, threw down the +standard, took to flight and exclaimed, that the king. was slain: and +had not the prince immediately appeared in person, and led on his +troops with great gallantry, the consequences might have proved fatal +to the whole army [h]. For this misbehaviour, Essex was afterwards +accused of felony by Robert de Montfort; was vanquished in single +combat; his estate was confiscated; and he himself was thrust into a +convent [i]. The submissions of the Welsh procured them an +accommodation with England. +[FN [g] See note [O], at the end of the volume. [h] Neubr. p. 383. +Chron. W. Heming. p. 492. [i] M. Paris, p. 70 Neubr. p. 383.] + +[MN 1158.] The martial disposition of the princes in that age engaged +them to head their own armies in every enterprise, even the most +frivolous; and their feeble authority made it commonly impracticable +for them to delegate, on occasion, the command to their generals. +Geoffrey, the king's brother, died soon after he had acquired +possession of Nantz: though he had no other title to that county than +the voluntary submission or election of the inhabitants two years +before, Henry laid claim to the territory as devolved to him by +hereditary right, and he went over to support his pretensions by force +of arms. Conan, Duke or Earl of Britany, (for these titles are given +indifferently by historians to those princes,) pretended that Nantz +had been lately separated by rebellion from his principality, to which +of right it belonged; and immediately on Geoffrey's death he took +possession of the disputed territory. Lest Lewis, the French king, +should interpose in the controversy, Henry paid him a visit; and so +allured him by caresses and civilities, that an alliance was +contracted between them; and they agreed that young Henry, heir to the +English monarchy, should be affianced to Margaret of France though the +former was only five years of age, and the latter was still in her +cradle. Henry, now secure of meeting with no interruption on this +side, advanced with his army into Britany; and Conan, in despair of +being able to make resistance, delivered up the county of Nantz to +him. The able conduct of the king procured him farther and more +important advantages from this incident. Conan, harassed with the +turbulent disposition of his subjects, was desirous of procuring to +himself the support of so great a monarch; and he betrothed his +daughter and only child, yet an infant, to Geoffrey, the king's third +son, who was of the same tender years. The Duke of Britany died about +seven years after; and Henry being MESNE lord, and also natural +guardian to his son and daughter-in-law, put himself in possession of +that principality, and annexed it for the present to his other great +dominions. + +[MN 1159.] The king had a prospect of making still farther +acquisitions; and the activity of his temper suffered no opportunity +of that kind to escape him. Philippa, Duchess of Guienne, mother of +Queen Eleanor, was the only issue of William IV., Count of Toulouse; +and would have inherited his dominions, had not that prince, desirous +of preserving the succession in the male line, conveyed the +principality to his brother, Raymond de St. Gilles, by a contract of +sale which was in that age regarded as fictitious and illusory. By +this means the title to the county of Toulouse came to be disputed +between the male and female heirs; and the one or the other, as +opportunities favoured them, had obtained possession. Raymond, +grandson of Raymond de St. Gilles, was the reigning sovereign; and on +Henry’s reviving his wife’s claim, this prince had recourse for +protection to the King of France, who was so much concerned in policy +to prevent the farther aggrandizement of the English monarch. Lewis +himself, when married to Eleanor, had asserted the justice of her +claim, and had demanded possession of Toulouse [k]; but his sentiments +changing with his interest, he now determined to defend, by his power +and authority, the title of Raymond. Henry found that it would be +requisite to support his pretensions against potent antagonists; and +that nothing but a formidable army could maintain a claim which he had +in vain asserted by arguments and manifestoes. +[FN [k] Neubr. p. 387. Chron. W. Heming. p. 494.] + +An army, composed of feudal vassals, was commonly very intractable and +undisciplined, both because of the independent spirit of the persons +who served in it, and because the commands were not given, either by +the choice of the sovereign, or from the military capacity and +experience of the officers. Each baron conducted his own vassals: his +rank was greater or less, proportioned to the extent of his property: +even the supreme command under the prince was often attached to birth; +and as the military vassals were obliged to serve only forty days at +their own charge; though if the expedition were distant, they were put +to great expense; the prince reaped little benefit from their +attendance. Henry, sensible of these inconveniences, levied upon his +vassals in Normandy, and other provinces which were remote from +Toulouse, a sum of money in lieu of their service; and this +commutation, by reason of the great distance, was still more +advantageous to his English vassals. He imposed, therefore, a scutage +of one hundred and eighty thousand pounds on the knight’s fees, a +commutation to which, though it was unusual, and the first perhaps to +be met with in history [l], the military tenants willingly submitted; +and with this money he levied an army which was more under his +command, and whose service was more durable and constant. Assisted by +Berenger, Count of Barcelona, and Trincaval, Count of Nismes, whom he +had gained to his party, he invaded the county of Toulouse; and after +taking Verdun, Castlenau, and other places, he besieged the capital of +the province, and was likely to prevail in the enterprise: when Lewis, +advancing before the arrival of his main body, threw himself into the +place with a small reinforcement. [MN 1160.] Henry was urged by some +of his ministers to prosecute the siege, to take Lewis prisoner, and +to impose his own terms in the pacification; but he either thought it +so much his interest to maintain the feudal principles, by which his +foreign dominions were secured, or bore so much respect to his +superior lord, that he declared he would not attack a place defended +by him in person; and he immediately raised the siege [m]. He marched +into Normandy, to protect that province against an incursion which the +Count of Dreux, instigated by King Lewis, his brother, had made upon +it. War was now openly carried on between the two monarchs, but +produced no memorable event: it soon ended in a cessation of arms, and +that followed by a peace, which was not, however, attended with any +confidence or good correspondence between those rival princes. The +fortress of Gisors, being part of the dowry stipulated to Margaret of +France, had been consigned by agreement to the Knights Templars, on +condition that it should be delivered into Henry's hands after the +celebration of the nuptials. The king, that he might have a pretence +for immediately demanding the place, ordered the marriage to be +solemnized between the prince and princess, though both infants [n]; +and he engaged the Grand Master of the Templars, by large presents, as +was generally suspected, to put him in possession of Gisors [o]. [MN +1161.] Lewis, resenting this fraudulent conduct, banished the +Templars, and would have made war upon the King of England, had it not +been for the mediation and authority of Pope Alexander III., who had +been chased from Rome by the anti-pope, Victor IV., and resided at +that time in France. That we may form an idea of the authority +possessed by the Roman pontiff during those ages, it may be proper to +observe, that the two kings had, the year before, met the pope at the +castle of Torci, on the Loire; and they gave him such marks of +respect, that both dismounted to receive him, and holding each of them +one of the reins of his bridle, walked on foot by his side, and +conducted him in that submissive manner into the castle [p]. A +SPECTACLE, cries Baronius in an ecstasy, TO GOD, ANGELS AND MEN; AND +SUCH AS HAD NEVER BEFORE BEEN EXHIBITED TO THE WORLD! +[FN [l] Madox, p. 435. Gervase, p. 1381. See Note [P], at the end of +the volume. [m] Fitz-Steph. p. 22. Diceto, p. 531. [n] Hoveden, p. +492. Neubr. p. 400. Diceto, p. 532. Brompton, p. 1450. [o] Since +the first publication of this history, Lord Lyttelton has published a +copy of the treaty between Henry and Lewis, by which it appears, if +there was no secret article, that Henry was not guilty of any fraud in +this transaction. [p] Trivet, p. 48.] + +[MN 1162.] Henry, soon after he had accommodated his differences with +Lewis, by the pope's mediation, returned to England; where he +commenced an enterprise which, though required by sound policy, and +even conducted in the main with prudence, bred him great disquietude, +involved him in danger, and was not concluded without some loss and +dishonour. + +[MN Disputes between the civil and ecclesiastical powers.] +The usurpations of the clergy, which had at first been gradual, were +now become so rapid, and had mounted to such a height, that the +contest between the regale and pontificale was really arrived at a +crisis in England, and it became necessary to determine whether the +king or the priests, particularly the Archbishop of Canterbury, should +be sovereign of the kingdom [q]. The aspiring spirit of Henry, which +gave inquietude to all his neighbours, was not likely long to pay a +tame submission to the encroachments of subjects; and as nothing +opened the eyes of men so readily as their interests, he was in no +danger of falling, in this respect, into that abject superstition +which retained his people in subjection. From the commencement of his +reign, in the government of his foreign dominions, as well as of +England, he had shown a fixed purpose to repress clerical usurpations, +and to maintain those prerogatives which had been transmitted to him +by his predecessors. During the schism of the papacy between +Alexander and Victor, he had determined, for some time, to remain +neuter: and when informed that the Archbishop of Rouen and the Bishop +of Mans had, from their own authority, acknowledged Alexander as +legitimate pope, he was so enraged, that, though he spared the +archbishop on account of his great age, he immediately issued orders +for overthrowing the houses of the Bishop of Mans and Archdeacon of +Rouen [r]; and it was not till he had deliberately examined the +matter, by those views which usually enter into the councils of +princes, that he allowed that pontiff to exercise authority over any +of his dominions. In England, the mild character and advanced years +of Theobald, Archbishop of Canterbury, together with his merits in +refusing to put the crown on the head of Eustace, son of Stephen, +prevented Henry, during the lifetime of that primate, from taking any +measures against the multiplied encroachments of the clergy; but after +his death, the king resolved to exert himself with more activity, and +that he might be secure against any opposition, he advanced to that +dignity Becket, his chancellor, on whose compliance he thought he +could entirely depend. +[FN [q] Fitz-Stephen, p. 27. [r] See note [Q], at the end of the +volume.] + +[MN June 3. Thomas à Becket, Archbishop of Canterbury.] +Thomas à Becket, the first man of English descent who, since the +Norman conquest, had, during the course of a whole century, risen to +any considerable station, was born of reputable parents in the city of +London; and being endowed both with industry and capacity, he early +insinuated himself into the favour of Archbishop Theobald, and +obtained from that prelate some preferments and offices. By their +means he was enabled to travel for improvement to Italy, where he +studied the civil and canon law at Bologna; and on his return, he +appeared to have made such proficiency in knowledge, that he was +prompted by his patron to the Archdeaconry of Canterbury, an office of +considerable trust and profit. He was afterwards employed with +success by Theobald, in transacting business at Rome; and, on Henry's +accession, he was recommended to that monarch as worthy of farther +preferment. Henry. who knew that Becket had been instrumental in +supporting that resolution of the archbishop, which had tended so much +to facilitate his own advancement to the throne, was already pre- +possessed in his favour; and finding, on farther acquaintance, that +his spirit and abilities entitled him to any trust, he soon promoted +him to the dignity of chancellor, one of the first civil offices in +the kingdom. The chancellor, in that age, besides the custody of the +great seal, had possession of all vacant prelacies and abbeys; he was +the guardian of all such minors and pupils as were the king's tenants; +all baronies which escheated to the crown were under his +administration; he was entitled to a place in council, even though he +were not particularly summoned; and as he exercised also the office of +secretary of state, and it belonged to him to countersign all +commissions, writs, and letters patent, he was a kind of prime +minister, and was concerned in the despatch of every business of +importance [s]. Besides exercising this high office, Becket, by the +favour of the king or archbishop, was made Provost of Beverley, Dean +of Hastings, and Constable of the Tower: he was put in possession of +the honours of Eye and Berkham, large baronies that had escheated to +the crown: and, to complete his grandeur, he was intrusted with the +education of Prince Henry, the king’s eldest son, and heir of the +monarchy [t]. The pomp of his retinue, the sumptuousness of his +furniture, the luxury of his table, the munificence of his presents, +corresponded to these great preferments; or rather exceeded any thing +that England had ever before seen in any subject. His historian and +secretary, Fitz-Stephens [u], mentions, among other particulars, that +his apartments were every day in winter covered with clean straw or +hay, and in summer with green rushes or boughs; lest the gentlemen who +paid court to him, and who could not, by reason of their great number, +find a place at table, should soil their fine clothes by sitting on a +dirty floor [w]. A great number of knights were retained in his +service; the greatest barons were proud of being received at his +table; his house was a place of education for the sons of the chief +nobility; and the king himself frequently vouchsafed to partake of his +entertainments. As his way of life was splendid and opulent, his +amusements and occupations were gay, and partook of the cavalier +spirit, which, as he had only taken deacon's orders, he did not think +unbefitting his character. He employed himself at leisure hours in +hunting, hawking, gaming, and horsemanship; he exposed his person in +several military actions [x]; he carried over, at his own charge, +seven hundred knights to attend the king in his wars at Toulouse; in +the subsequent wars on the frontiers of Normandy he maintained, during +forty days, twelve hundred knights, and four thousand of their train +[y]; and in an embassy to France, with which he was intrusted, he +astonished that court with the number and magnificence of his retinue. +[FN [s] Fitz-Steph. p. 13. [t] Fitz-Steph. p. 15. Hist. Quad. p. 9, +14. [u] P. 15. [w] John Baldwin held the manor of Oterarsfee, in +Aylesbury, of the king by soccage, by the service of finding litter +for the king's bed, viz. in summer, grass or herbs, and two grey +geese; and in winter, straw, and three eels, thrice in the year if the +king should come thrice in the year to Aylesbury. Madox, Bar. +Anglica, p. 247. [x] Fitz-Steph. p. 23. Hist. Quad. p. 9. [y] Fitz- +Steph. p. 19, 20, 22, 23.] + +Henry, besides committing all his more important business to Becket's +management, honoured him with his friendship and intimacy; and +whenever he was disposed to relax himself by sports of any kind, he +admitted his chancellor to the party [z] An instance of their +familiarity is mentioned by Fitz-Stephens, which, as it shows the +manners of the age, it may not be improper to relate. One day, as the +king and the chancellor were riding together in the streets of London, +they observed a beggar, who was shivering with cold. Would it not be +very praiseworthy, said the king, to give that poor man a warm coat in +this severe season? It would, surely, replied the chancellor; and you +do well, sir, in thinking of such good actions. Then he shall have +one presently, cried the king; and seizing the skirt of the +chancellor's coat, which was scarlet, and lined with ermine, began to +pull it violently. The chancellor defended himself for some time; and +they had both of them liked to have tumbled off their horses in the +street, when Becket, after a vehement struggle, let go his coat; which +the king bestowed on the beggar, who, being ignorant of the quality of +the persons, was not a little surprised at the present [a]. +[FN [z] Fitz-Steph. p. 16. Hist. Quad. p. 8. [a] Fitz-Steph. p. 16.] + +Becket, who, by his complaisance and good humour, had rendered himself +agreeable, and by his industry and abilities useful, to his master, +appeared to him the fittest person for supplying the vacancy made by +the death of Theobald. As he was well acquainted with the king's +intentions [b] of retrenching, or rather confining within the ancient +bounds, all ecclesiastical privileges, and always showed a ready +disposition to comply with them [c], Henry, who never expected any +resistance from that quarter, immediately issued orders for electing +him Archbishop of Canterbury. But this resolution, which was taken +contrary to the opinion of Matilda, and many of the ministers [d], +drew after it very unhappy consequences; and never prince of so great +penetration appeared, in the issue, to have so little understood the +genius and character of his minister. +[FN [b] Ibid. p. 17. [c] Ibid p. 23. Epist. St. Thom. p. 232. [d] +Epist. St. Thom. p. 167.] + +No sooner was Becket installed in this high dignity, which rendered +him for life the second person in the kingdom, with some pretensions +of aspiring to be the first, than he totally altered his demeanour and +conduct, and endeavoured to acquire the character of sanctity, of +which his former busy and ostentatious course of life might, in the +eyes of the people, have naturally bereaved him. Without consulting +the king, he immediately returned into his hands the commission of +chancellor; pretending that he must thenceforth detach himself from +secular affairs, and be solely employed in the exercise of his +spiritual function; but in reality, that he might break off all +connexions with Henry, and apprize him, that Becket, as Primate of +England, was now become entirely a new personage. He maintained in +his retinue and attendants alone his ancient pomp and lustre, which +was useful to strike the vulgar: in his own person he affected the +greatest austerity and most rigid mortification, which, he was +sensible, would have an equal or a greater tendency to the same end. +He wore sackcloth next his skin, which, by his affected care to +conceal it, was necessarily the more remarked by all the world: he +changed it so seldom, that it was filled with dirt and vermin: his +usual diet was bread; his drink water, which he even rendered farther +unpalatable by the mixture of unsavoury herbs: he tore his back with +the frequent discipline which he inflicted on it: he daily on his +knees washed, in imitation of Christ, the feet of thirteen beggars, +whom he afterwards dismissed with presents [e]: he gained the +affections of the monks by his frequent charities to the convents and +hospitals: every one who made profession of sanctity was admitted to +his conversation, and returned full of panegyrics on the humility as +well as on the piety and mortification of the holy primate: he seemed +to be perpetually employed in reciting prayers and pious lectures, or +in perusing religious discourses: his aspect wore the appearance of +seriousness and mental recollection, and secret devotion: and all men +of penetration plainly saw that he was meditating some great design +and that the ambition and ostentation of his character had turned +itself towards a new and more dangerous object. +[FN [e] Fitz-Steph. p. 25. Hist. Quad. p. 19.] + +[MN 1163. Quarrel between the king and Becket.] +Becket waited not till Henry should commence those projects against +the ecclesiastical power, which, he knew, had been formed by that +prince: he was himself the aggressor; and endeavoured to overawe the +king by the intrepidity and boldness of his enterprises. He summoned +the Earl of Clare to surrender the barony of Tunbridge, which, ever +since the Conquest, had remained in the family of that nobleman, but +which, as it had formerly belonged to the see of Canterbury, Becket +pretended his predecessors were prohibited by the canons to alienate. +The Earl of Clare, besides the lustre which he derived from the +greatness of his own birth, and the extent of his possessions, was +allied to all the principal families in the kingdom; his sister, who +was a celebrated beauty, had farther extended his credit among the +nobility, and was even supposed to have gained the king's affections; +and Becket could not better discover, than by attacking so powerful an +interest, his resolution of maintaining with vigour the rights, real +or pretended, of his see [f]. +[FN [f] Fitz-Steph. p. 28 Gervase, p. 1384.] + +William de Eynsford, a military tenant of the crown, was patron of a +living which belonged to a manor that held of the Archbishop of +Canterbury: but Becket, without regard to William's right, presented, +on a new and illegal pretext, one Laurence to that living, who was +violently expelled by Eynsford. The primate, making himself, as was +usual in spiritual courts, both judge and party, issued, in a summary +manner, the sentence of excommunication against Eynsford, who +complained to the king, that he who held IN CAPITE of the crown +should, contrary to the practice established by the Conqueror, and +maintained ever since by his successors, be subjected to that terrible +sentence, without the previous consent of the sovereign [g]. Henry, +who had now broken off all personal intercourse with Becket, sent him, +by a messenger, his orders to absolve Eynsford; but received for +answer, that it belonged not to the king to inform him whom he should +absolve and whom excommunicate [h]: and it was not till after many +remonstrances and menaces, that Becket, though with the worst grace +imaginable, was induced to comply with the royal mandate. +[FN [g] M. Paris, p. 7. Diceto, p. 536. [h] Fitz-Steph. p. 28.] + +Henry, though he found himself thus grievously mistaken in the +character of the person whom he had promoted to the primacy, +determined not to desist from his former intention of retrenching +clerical usurpations. He was entirely master of his extensive +dominions: the prudence and vigour of his administration, attended +with perpetual success, had raised his character above that of any of +his predecessors [i]: the papacy seemed to be weakened by a schism +which divided all Europe: and he rightly judged, that if the present +favourable opportunity were neglected, the crown must, from the +prevalent superstition of the people, be in danger of falling into an +entire subordination under the mitre. +[FN [i] Epist. St. Thom. p. 130.] + +The union of the civil and ecclesiastic power serves extremely, in +every civilized government, to the maintenance of peace and order; and +prevents those mutual encroachments which, as there can be no ultimate +judge between them, are often attended with the most dangerous +consequences. Whether the supreme magistrate, who unites these +powers, receives the appellation of prince or prelate, is not +material: the superior weight which temporal interests commonly bear +in the apprehensions of men above spiritual, renders the civil part of +his character most prevalent; and in time prevents those gross +impostures and bigoted persecutions, which, in all false religions, +are the chief foundation of clerical authority. But during the +progress of ecclesiastical usurpations, the state, by the resistance +of the civil magistrate, is naturally thrown into convulsions; and it +behoves the prince, both for his own interest and for that of the +public, to provide, in time, sufficient barriers against so dangerous +and insidious a rival. This precaution had hitherto been much +neglected in England, as well as in other Catholic countries; and +affairs at last seemed to have come to a dangerous crisis: a sovereign +of the greatest abilities was now on the throne: a prelate of the most +inflexible and intrepid character was possessed of the primacy: the +contending powers appeared to be armed with their full force, and it +was natural to expect some extraordinary event to result from their +conflict. + +Among their other inventions to obtain money, the clergy had +inculcated the necessity of penance as an atonement for sin; and +having again introduced the practice of paying them large sums as a +commutation, or species of atonement, for the remission of those +penances, the sins of the people, by these means, had become a revenue +to the priests; and the king computed that, by this invention alone, +they levied more money upon his subjects than flowed, by all the funds +and taxes, into the royal exchequer [k] That he might ease the people +of so heavy and arbitrary an imposition, Henry required that a civil +officer of his appointment should be present in all ecclesiastical +courts, and should, for the future, give his consent to every +composition which was made with sinners for their spiritual offences. +[FN [k] Fitz-Steph. p. 32.] + +The ecclesiastics, in that age, had renounced all immediate +subordination to the magistrate: they openly pretended to an +exemption, in criminal accusations, from a trial before courts of +justice; and were gradually introducing a like exemption in civil +causes: spiritual penalties alone could be inflicted on their +offences; and as the clergy had extremely multiplied in England, and +many of them were consequently of very low characters, crimes of the +deepest dye, murders, robberies, adulteries, rapes, were daily +committed with impunity by the ecclesiastics. It had been found, for +instance, on inquiry, that no less than a hundred murders had, since +the king's accession, been perpetrated by men of that profession, who +had never been called to account for these offences [l]; and holy +orders were become a full protection for all enormities. A clerk in +Worcestershire, having debauched a gentleman's daughter, had, at this +time, proceeded to murder the father: and the general indignation +against this crime moved the king to attempt the remedy of an abuse +which was become so palpable, and to require that the clerk should be +delivered up, and receive condign punishment from the magistrate [m]. +Becket insisted on the privileges of the church; confined the criminal +in the bishop's prison, lest he should be seized by the king's +officers; maintained that no greater punishment could be inflicted on +him than degradation; and when the king demanded, that, immediately +after he was degraded, he should be tried by the civil power, the +primate asserted, that it was iniquitous to try a man twice upon the +same accusation, and for the same offence [n]. +[FN [l] Neubr. p. 394. [m] Fitz-Steph. p. 33. Hist. Quad. p. 32. +[n] Fitz-Steph. p. 29. Hist. Quad. p. 33, 45. Hoveden, p. 492. M. +Paris, p. 72. Diceto, p. 536, 537. Brompton, p. 1058. Gervase, p. +1384. Epist. St. Thom. p. 208, 209.] + +Henry, laying hold of so plausible a pretence, resolved to push the +clergy with regard to all their privileges, which they had raised to +an enormous height, and to determine at once those controversies, +which daily multiplied between the civil and the ecclesiastical +jurisdictions. He summoned an assembly of all the prelates of +England; and he put to them this concise and decisive question, +Whether or not they were willing to submit to the ancient laws and +customs of the kingdom? The bishops unanimously replied, that they +were willing, SAVING THEIR OWN ORDER [o]: a device by which they +thought to elude the present urgency of the king's demand, yet reserve +to themselves, on a favourable opportunity, the power of resuming all +their pretensions. The king was sensible of the artifice, and was +provoked to the highest indignation. He left the assembly, with +visible marks of his displeasure: he required the primate instantly to +surrender the honours and castles of Eye and Berkham: the bishops were +terrified, and expected still farther effects of his resentment. +Becket alone was inflexible; and nothing but the interposition of the +pope's legate and almoner, Philip, who dreaded a breach with so +powerful a prince at so unseasonable a juncture, could have prevailed +on him to retract the saving clause, and give a general and absolute +promise of observing the ancient customs [p]. +[FN [o] Fitz-Steph. p. 31. Hist. Quad. p. 34. Hoveden, p. 492. [p] +Hist. Quad. p. 37. Hoveden, p. 493. Gervase, p. 1385.] + +But Henry was not content with a declaration in these general terms: +he resolved, ere it was too late, to define expressly those customs +with which he required compliance, and to put a stop to clerical +usurpations before they were fully consolidated, and could plead +antiquity, as they already did a sacred authority, in their favour. +The claims of the church were open and visible. After a gradual and +insensible progress during many centuries, the mask had at last been +taken off; and several ecclesiastical councils, by their canons which +were pretended to be irrevocable and infallible, had positively +defined those privileges and immunities which gave such general +offence, and appeared so dangerous to the civil magistrate. Henry, +therefore, deemed it necessary to define with the same precision the +limits of the civil power; to oppose his legal customs to their divine +ordinances; to determine the exact boundaries of the rival +jurisdictions; and for this purpose he summoned a general council of +the nobility and prelates at Clarendon, to whom he submitted this +great and important question. + +[MN 1164. 15th Jan. Constitutions of Clarendon.] +The barons were all gained to the king's party, either by the reasons +which he urged, or by his superior authority: the bishops were +overawed by the general combination against them: and the following +laws, commonly called the CONSTITUTIONS OF CLARENDON, were voted +without opposition by this assembly [q]. It was enacted, that all +suits concerning the advowson and presentation of churches should be +determined in the civil courts: that the churches belonging to the +king's see should not be granted in perpetuity without his consent: +that clerks, accused of any crime, should be tried in the civil +courts: that no person, particularly no clergyman of any rank, should +depart the kingdom without the king's licence: that excommunicated +persons should not be bound to give security for continuing in their +present place of abode: that laics should not be accused in spiritual +courts, except by legal and reputable promoters and witnesses: that no +chief tenant of the crown should be excommunicated, nor his lands be +put under an interdict, except with the king's consent: that all +appeals in spiritual causes should be carried from the archdeacon to +the bishop, from the bishop to the primate, from him to the king; and +should be carried no farther without the king's consent: that if any +lawsuit arose between a layman and a clergyman concerning a tenant, +and it be disputed whether the land be a lay or an ecclesiastical fee, +it should first be determined by the verdict of twelve lawful men to +what class it belonged; and if it be found to be a lay-fee, the cause +should finally be determined in the civil courts: that no inhabitant +in demesne should be excommunicated for non-appearance in a spiritual +court, till the chief officer of the place where he resides be +consulted, that he may compel him by the civil authority to give +satisfaction to the church: that the archbishops, bishops, and other +spiritual dignitaries, should be regarded as barons of the realm; +should possess the privileges and be subjected to the burdens +belonging to that rank; and should be bound to attend the king in his +great councils, and assist at all trials, till the sentence, either of +death or loss of members, be given against the criminal: that the +revenue of vacant sees should belong to the king; the chapter, or such +of them as he pleases to summon, should sit in the king's chapel till +they made the new election with his consent, and that the bishop-elect +should do homage to the crown: that if any baron or tenant IN CAPITE +should refuse to submit to the spiritual courts, the king should +employ his authority in obliging him to make such submissions; if any +of them throw off his allegiance to the king, the prelates should +assist the king with their censures in reducing him: that goods +forfeited to the king should not be protected in churches or +churchyards: that the clergy should no longer pretend to the right of +enforcing payment of debts contracted by oath or promise; but should +leave these lawsuits, equally with others, to the determination of the +civil courts: and that the sons of villains should not be ordained +clerks, without the consent of their lord [r]. +[FN [q] Fitz-Steph. p. 33. [r] Hist. Quad. p. 163. M. Paris, p. 70, +71. Spellm. Conc. vol. ii. p. 63. Gervase, p. 1386, 1387. Wilkins, +p. 321.] + +These articles, to the number of sixteen, were calculated to prevent +the chief abuses which had prevailed in ecclesiastical affairs, and to +put an effectual stop to the usurpations of the church, which, +gradually stealing on, had threatened the total destruction of the +civil power. Henry, therefore, by reducing those ancient customs of +the realm to writing, and by collecting them in a body, endeavoured to +prevent all future dispute with regard to them; and by passing so many +ecclesiastical ordinances in a national and civil assembly, he fully +established the superiority of the legislature above all papal decrees +or spiritual canons, and gained a signal victory over the +ecclesiastics. But as he knew that the bishops, though overawed by +the present combination of the crown and the barons, would take the +first favourable opportunity of denying the authority which had +enacted these constitutions, he resolved that they should all set +their seal to them, and give a promise to observe them. None of the +prelates dared to oppose his will, except Becket, who, though urged by +the Earls of Cornwall and Leicester, the barons of principal authority +in the kingdom, obstinately withheld his assent. At last, Richard de +Hastings, Grand Prior of the Templars in England, threw himself on his +knees before him; and with many tears entreated him, if he paid any +regard, either to his own safety or that of the church, not to +provoke, by a fruitless opposition, the indignation of a great +monarch, who was resolutely bent on his purpose, and who was +determined to take full revenge on every one that should dare to +oppose him [s]. Becket, finding himself deserted by all the world, +even by his own brethren, was at last obliged to comply; and he +promised, LEGALLY, WITH GOOD FAITH, AND WITHOUT FRAUD OR RESERVE [t], +to observe the constitutions; and he took an oath to that purpose [u]. +The king, thinking that he had now finally prevailed in this great +enterprise, sent the constitutions to Pope Alexander, who then resided +in France; and he required that pontiff's ratification of them: but +Alexander, who, though he had owed the most important obligations to +the king, plainly saw that these laws were calculated to establish the +independency of England on the papacy, and of the royal power on the +clergy, condemned them in the strongest terms; abrogated, annulled, +and rejected them. There were only six articles, the least important, +which, for the sake of peace, he was willing to ratify. +[FN [s] Hist. Quad. p. 38. Hoveden, p. 493. [t] Fitz-Steph. p. 35. +Epist. St. Thom. p. 25. [u] Fitz-Steph. p. 45. Hist. Quad. p. 39. +Gervase, p. 1386.] + +Becket, when he observed that he might hope for support in an +opposition, expressed the deepest sorrow for his compliance; and +endeavoured to engage all the other bishops in a confederacy to adhere +to their common rights, and to the ecclesiastical privileges, in which +he represented the interest and honour of God to be so deeply +concerned. He redoubled his austerities, in order to punish himself +for his criminal assent to the constitutions of Clarendon: he +proportioned his discipline to the enormity of his supposed offence; +and he refused to exercise any part of his archiepiscopal function, +till he should receive absolution from the pope; which was readily +granted him. Henry, informed of his present dispositions, resolved to +take vengeance for this refractory behaviour; and he attempted to +crush him, by means of that very power which Becket made such merit in +supporting. He applied to the pope, that he should grant the +commission of legate in his dominions to the Archbishop of York; but +Alexander, as politic as he, though he granted the commission, annexed +a clause, that it should not empower the legate to execute any act of +prejudice of the Archbishop of Canterbury [w]; and the king, finding +how fruitless such an authority would prove, sent back the commission +by the same messenger that brought it [x]. +[FN [w] Epist. St. Thom. p. 13, 14. [x] Hoveden, p.493. Gervase, p. +1388.] + +The primate, however, who found himself still exposed to the king's +indignation, endeavoured twice to escape secretly from the kingdom, +but was as often detained by contrary winds; and Henry hastened to +make him feel the effects of an obstinacy which he deemed so criminal. +He instigated John, mareschal of the exchequer, to sue Becket in the +archiepiscopal court for some lands, part of the manor of Pageham; and +to appeal thence to the king's court for justice [y]. On the day +appointed for trying the cause, the primate sent four knights to +represent certain irregularities in John's appeal; and at the same +time to excuse himself, on account of sickness, for not appearing +personally that day in the court. This slight offence (if it even +deserve the name) was represented as a grievous contempt; the four +knights were menaced and with difficulty escaped being sent to prison, +as offering falsehoods to the court [z]. And Henry, being determined +to prosecute Becket to the utmost, summoned, at Northampton, a great +council, which he purposed to make the instrument of his vengeance +against the inflexible prelate. +[FN [y] Hoveden, p. 494. M. Paris, p. 72. Diceto, p. 537. [z] See +note [R], at the end of the volume.] + +The king had raised Becket from a low station to the highest offices, +had honoured him with his countenance and friendship, had trusted to +his assistance in forwarding his favourite project against the clergy; +and when he found him become of a sudden his most rigid opponent, +while every one beside complied with his will, rage at the +disappointment, and indignation against such signal ingratitude, +transported him beyond all bounds of moderation; and there seems to +have entered more of passion than of justice, or even of policy, in +this violent prosecution [a]. The barons, notwithstanding, in the +great council, voted whatever sentence he was pleased to dictate to +them; and the bishops themselves, who undoubtedly bore a secret favour +to Becket, and regarded him as the champion of their privileges, +concurred with the rest in the design of oppressing their primate. In +vain did Becket urge that his court was proceeding with the utmost +regularity and justice in trying the maresehal's cause; which, +however, he said, would appear, from the sheriff's testimony, to be +entirely unjust and iniquitous: that he himself had discovered no +contempt of the king's court; but, on the contrary, by sending four +knights to excuse his absence, had virtually acknowledged its +authority: that he also, in consequence of the king's summons, +personally appeared at present in the great council, ready to justify +his cause against the mareschal, and to submit his conduct to their +inquiry and jurisdiction: that even should it be found that he had +been guilty of non-appearance, the laws had affixed a very slight +penalty to that offence: and that, as he was an inhabitant of Kent, +where his archiepiscopal palace was seated, he was by law entitled to +some greater indulgence than usual in the rate of his fine [b]. +Notwithstanding these pleas, he was condemned as guilty of a contempt +of the king's court, and as wanting in the fealty which he had sworn +to his sovereign; all his goods and chattels were confiscated [c]; and +that this triumph over the church might be carried to the utmost, +Henry, Bishop of Winchester, the prelate who had been so powerful in +the former reign, was, in spite of his remonstrances, obliged, by +order of the court, to pronounce the sentence against him [d]. The +primate submitted to the decree; and all the prelates, except Folliot, +Bishop of London, who paid court to the king by this singularity, +became sureties for him [e]. It is remarkable that seven Norman +barons voted in this council; and we may conclude, with some +probability, that a like practice had prevailed in many of the great +councils summoned since the Conquest. For the contemporary historian, +who has given us a full account of these transactions, does not +mention this circumstance as anywise singular [f]; and Becket, in all +his subsequent remonstrances with regard to the severe treatment which +he had met with, never founds any objection on an irregularity which +to us appears very palpable and flagrant. So little precision was +there at that time in the government and constitution! +[FN [a] Neubr. p. 394. [b] Fitz-Steph. p. 37, 42. [c] Hist. Quad. p. +47 Hoveden, p. 494. Gervase, p. 1389. [d] Fitz-Steph. p. 37. [e] +Ibid. [f] Ibid. p. 36.] + +The king was not content with this sentence, however violent and +oppressive. Next day, he demanded of Becket the sum of three hundred +pounds, which the primate had levied upon the honours of Eye and +Berkham, while in his possession. Becket, after premising that he was +not obliged to answer to this suit, because it was not contained in +his summons; after remarking that he had expended more than that sum +in the repair of those castles, and of the royal palace at London; +expressed however his resolution, that money should not be any ground +of quarrel between him and his sovereign; he agreed to pay the sum; +and immediately gave surety for it [g]. In the subsequent meeting, +the king demanded five hundred marks, which, he affirmed, he had lent +Becket during the war at Toulouse [h]; and another sum in the same +amount for which that prince had been surety for him to a Jew. +Immediately after these two claims, he preferred a third of still +greater importance: he required him to give in the accounts of his +administration while chancellor, and to pay the balance due from the +revenues of all the prelacies, abbeys, and baronies, which had, during +that time, been subjected to his management [i]. Becket observed, +that, as this demand was totally unexpected, he had not come prepared +to answer it; but he required a delay, and promised in that case to +give satisfaction. The king insisted upon sureties; and Becket +desired leave to consult his suffragans in a case of such importance +[k]. +[FN [g] Ibid. p. 38. [h] Hist. Quad. p. 47. [i] Hoveden, p. 494. +Diceto, p. 537. [k] Fitz-Steph. p. 38.] + +It is apparent, from the known character of Henry, and from the usual +vigilance of his government, that, when he promoted Becket to the see +of Canterbury, he was on good grounds, well pleased with his +administration in the former high office with which he had entrusted +him; and that, even if that prelate had dissipated money beyond the +income of his place, the king was satisfied that his expenses were not +blameable, and had in the main been calculated for his service [l]. +Two years had since elapsed; no demand had, during that time, been +made upon him; it was not till the quarrel arose concerning +ecclesiastical privileges that the claim was started, and the primate +was, of a sudden, required to produce accounts of such intricacy and +extent before a tribunal which had showed a determined resolution to +ruin and oppress him. To find sureties that he should answer so +boundless and uncertain a claim, which in the king's estimation +amounted to forty-four thousand marks [m], was impracticable; and +Becket's suffragans were extremely at a loss what counsel to give him +in such a critical emergency. By the advice of the Bishop of +Winchester, he offered two thousand marks as a general satisfaction +for all demands: but this offer was rejected by the king [n]. Some +prelates exhorted him to resign his see, on condition of receiving an +acquittal: others were of opinion that he ought to submit himself +entirely to the king’s mercy [o]: but the primate, thus pushed to the +utmost, had too much courage to sink under oppression: he determined +to brave all his enemies, to trust to the sacredness of his character +for protection, to involve his cause with that of God and religion, +and to stand the utmost efforts of royal indignation. +[FN [l] Hoveden, p. 495. [m] Epist. St. Thom. p. 315. +[n] Fitz-Steph. p. 38. [o] Ibid. p. 39. Gervase, p. 1390.] + +After a few days spent in deliberation, Becket went to church and said +mass, where he had previously ordered that the introit to the +communion service should begin with these words, PRINCES SAT, AND +SPAKE AGAINST ME; the passage appointed for the martyrdom of St. +Stephen, whom the primate thereby tacitly pretended to resemble, in +his sufferings for the sake of righteousness. He went thence to +court, arrayed in his sacred vestments: as soon as he arrived within +the palace gate, he took the cross into his own hands, bore it aloft +as his protection, and marched, in that posture, into the royal +apartments [p]. The king, who was in an inner room, was astonished at +this parade, by which the primate seemed to menace him and his court +with the sentence of excommunication; and he sent some of the prelates +to remonstrate with him on account of such audacious behaviour. These +prelates complained to Becket, that, by subscribing himself to the +constitutions of Clarendon, he had seduced them to imitate his +example; and that now, when it was too late, he pretended to shake off +all subordination to the civil power, and appeared desirous of +involving them in the guilt which must attend any violation of those +laws, established by their consent, and ratified by their +subscriptions [q]. Becket replied, that he had indeed subscribed the +constitutions of Clarendon, LEGALLY, WITH GOOD FAITH, AND WITHOUT +FRAUD OR RESERVE; but in these words was virtually implied a salvo for +the rights of their order, which, being connected with the cause of +God and his church, could never be relinquished by their oaths and +engagements: that if he and they had erred in resigning the +ecclesiastical privileges, the best atonement they could now make was +to retract their consent, which, in such a case, could never be +obligatory, and to follow the pope's authority, who had solemnly +annulled the constitutions of Clarendon, and had absolved them from +all oaths which they had taken to observe them: that a determined +resolution was evidently embraced to oppress the church; the storm had +first broken upon him; for a slight offence, and which too was falsely +imputed to him, he had been tyrannically condemned to a grievous +penalty; a new and unheard-of claim was since started, in which he +could expect no justice; and he plainly saw, that he was the destined +victim, who, by his ruin, must prepare the way for the abrogation of +all spiritual immunities; that he strictly inhibited them who were his +suffragans from assisting at any such trial, or giving their sanction +to any sentence against him; he put himself and his see under the +protection of the supreme pontiff; and appealed to him against any +penalty which his iniquitous judges might think proper to inflict upon +him: and that, however terrible the indignation of so great a monarch +as Henry, his sword could only kill the body; while that of the +church, intrusted into the hands of the primate, could kill the soul, +and throw the disobedient into infinite and eternal perdition [r]. +[FN [p] Fitz-Steph. p. 40. Hist. Quad. p. 53. Hoveden, p. 404. +Neubr. p. 394. Epist. St. Thom. p. 43. [q] Fitz-Steph. p. 35. [r] +Fitz-Steph. p. 42, 44, 45, 46. Hist. Quad. p. 57. Hoveden, p. 495. +M. Paris, p. 72. Epist. St. Thom. p. 45, 195.] + +Appeals to the pope, even in ecclesiastical causes, had been abolished +by the constitutions of Clarendon, and were become criminal by law; +but an appeal in a civil cause, such as the king's demand upon Becket, +was a practice altogether new and unprecedented; it tended directly to +the subversion of the government, and could receive no colour of +excuse, except from the determined resolution, which was but too +apparent, in Henry and the great council, to effectuate, without +justice, but under colour of law, the total ruin of the inflexible +primate. The king, having now obtained a pretext so much more +plausible for his violence, would probably have pushed the affair to +the utmost extremity against him; but Becket gave him no leisure to +conduct the prosecution. He refused so much as to hear the sentence, +which the barons, sitting apart from the bishops, and joined to some +sheriffs and barons of the second rank [s], had given upon the king's +claim: he departed from the palace; [MN Banishment of Becket.] asked +Henry's immediate permission to leave Northampton, and upon meeting +with a refusal, he withdrew secretly, wandered about in disguise for +some time; and at last took shipping, and arrived safely at +Gravelines. +[FN [s] Fitz-Steph. p. 46. This historian is supposed to mean the +more considerable vassals of the chief barons: these had no title to +sit in the great council, and the giving them a place there was a +palpable irregularity; which, however, is not insisted on in any of +Becket's remonstrances. A farther proof how little fixed the +constitution was at that time.] + +The violent and unjust prosecution of Becket had a natural tendency to +turn the public favour on his side and to make men overlook his former +ingratitude toward the king, and his departure from all oaths and +engagements, as well as the enormity of those ecclesiastical +privileges, of which he affected to be the champion. There were many +other reasons which procured his countenance and protection in foreign +countries. Philip, Earl of Flanders [t], and Lewis, King of France +[u], jealous of the rising greatness of Henry, were well pleased to +give him disturbance in his government; and, forgetting that this was +the common cause of princes, they affected to pity extremely the +condition of the exiled primate; and the latter even honoured him with +a visit at Soissons, in which city he had invited him to fix his +residence [w]. The pope, whose interests were more immediately +concerned in supporting him, gave a cold reception to a magnificent +embassy which Henry sent to accuse him; while Becket himself, who had +come to Sens in order to justify his cause before the sovereign +pontiff, was received with the greatest marks of distinction. The +king, in revenge, sequestered the revenues of Canterbury; and, by a +conduct which might be esteemed arbitrary, had there been at that time +any regular check on royal authority, he banished all the primate's +relations and domestics, to the number of four hundred, whom he +obliged to swear, before their departure, that they would instantly +join their patron. But this policy, by which Henry endeavoured to +reduce Becket sooner to necessity, lost its effect: the pope, when +they arrived beyond sea, absolved them from their oath, and +distributed them among the convents in France and Flanders: a +residence was assigned to Becket himself in the convent of Pontigny, +where he lived for some years in great magnificence, partly from a +pension granted him on the revenues of the abbey, partly from +remittances made him by the French monarch. +[FN [t] Epist. St. Thom. p. 35. [u] Ibid. p. 36, 37. [w] Hist. Quad. +p. 76.] + +[MN 1165.] The more to ingratiate himself with the pope, Becket +resigned into his hands the see of Canterbury, to which, he affirmed, +he had been uncanonically elected by the authority of the royal +mandate; and Alexander, in his turn, besides investing him anew with +that dignity, pretended to abrogate, by a bull, the sentence which the +great council of England had passed against him. Henry, after +attempting in vain to procure a conference with the pope, who departed +soon after for Rome, whither the prosperous state of his affairs now +invited him, made provisions against the consequences of that breach +which impended between his kingdom and the apostolic see. He issued +orders to his justiciaries, inhibiting, under severe penalties, all +appeals to the pope or archbishop; forbidding any one to receive any +mandates from them, or apply in any case to their authority; declaring +it treasonable to bring from either of them an interdict upon the +kingdom, and punishable in secular clergymen by the loss of their eyes +and by castration, in regulars by amputation of their feet, and in +laics with death; and menacing, with sequestration and banishment, the +persons themselves, as well as their kindred, who should pay obedience +to any such interdict: and he farther obliged all his subjects to +swear to the observance of those orders [x]. These were edicts of the +utmost importance, affected the lives and properties of all the +subjects, and even changed, for the time, the national religion, by +breaking off all communication with Rome: yet were they enacted by the +sole authority of the king, and were derived entirely from his will +and pleasure. +[FN [x] Hist. Quad. p. 88, 167. Hoveden, p. 496. M. Paris, p. 73.] + +The spiritual powers, which, in the primitive church, were, in a great +measure, dependent on the civil, had, by a gradual progress, reached +an equality and independence; and though the limits of the two +jurisdictions were difficult to ascertain or define, it was not +impossible, but, by moderation on both sides, government might still +have been conducted in that imperfect and irregular manner which +attends all human institutions. But as the ignorance of the age +encouraged the ecclesiastics daily to extend their privileges, and +even to advance maxims totally incompatible with civil government [y], +Henry had thought it high time to put an end to their pretensions, and +formally, in a public council, to fix those powers which belonged to +the magistrate, and which he was for the future determined to +maintain. In this attempt, he was led to re-establish customs, which, +though ancient, were beginning to be abolished by a contrary practice, +and which were still more strongly opposed by the prevailing opinions +and sentiments of the age. Principle, therefore, stood on the one +side; power on the other; and if the English had been actuated by +conscience more than by present interest, the controversy must soon, +by the general defection of Henry's subjects, have been decided +against him. Becket, in order to forward this event, filled all +places with exclamations against the violence which he had suffered. +He compared himself to Christ, who had been condemned by a lay +tribunal [z], and who was crucified anew in the present oppressions +under which his church laboured: he took it for granted, as a point +incontestable, that his cause was the cause of God [a]: he assumed the +character of champion for the patrimony of the Divinity: he pretended +to be the spiritual father of the king and all the people of England +[b]: he even told Henry that kings reigned solely by the authority of +the church [c]: and though he had thus torn off the veil more openly +on the one side than that prince had on the other, he seemed still, +from the general favour borne him by the ecclesiastics, to have all +the advantage in the argument. The king, that he might employ the +weapons of temporal power remaining in his hands, suspended the +payment of Peter's pence; he made advances towards an alliance with +the Emperor Frederic Barbarossa, who was at that time engaged in +violent wars with Pope Alexander; he discovered some intentions of +acknowledging Pascal III., the present anti-pope, who was protected by +that emperor; and by these expedients he endeavoured to terrify the +enterprising though prudent pontiff from proceeding to extremities +against him. +[FN [y] QUIS DUBITET, says Becket to the king, SACERDOTES CHRISTI +REGUM ET PRINCIPUM OMNIUMQUE FIDELIIUM PATRES ET MAGISTROS CENSERI, +Epist St. Thom. p. 97, 148. [z] Epist. St. Thom. p. 63, 105, 194. +[a] Ibid. p. 29, 30, 31, 226. [b] Fitz-Steph. p. 46. Epist. St Thom. +p. 52, 148. [c] Brady's Append. No. 36. Epist. St. Thom. p. 94, 95, +97, 99, 197. Hoveden, p. 497.] + +[MN 1166.] But the violence of Becket, still more than the nature of +the controversy, kept affairs from remaining long in suspense between +the parties. That prelate, instigated by revenge, and animated by the +present glory attending his situation, pushed matters to a decision, +and issued a censure, excommunicating the king's chief ministers by +name, and comprehending in general all those who favoured or obeyed +the constitutions of Clarendon: these constitutions he abrogated and +annulled; he absolved all men from the oaths which they had taken to +observe them; and he suspended the spiritual thunder over Henry +himself, only that the prince might avoid the blow by a timely +repentance [d]. +[FN [d] Fitz-Steph. p. 56. Hist. Quad. p. 93. M. Paris, p. 74. +Beaulieu, Vie de St. Thom. p. 213. Epist. St. Thom. p 149, 229. +Hoveden, p. 499.] + +The situation of Henry was so unhappy, that he could employ no +expedient for saving his ministers from this terrible censure, but by +appealing to the pope himself, and having recourse to a tribunal whose +authority he had himself attempted to abridge in this very article of +appeals, and which, he knew, was so deeply engaged on the side of his +adversary. But even this expedient was not likely to be long +effectual. Becket had obtained from the pope a legatine commission +over England; and in virtue of that authority, which admitted of no +appeal, he summoned the Bishops of London, Salisbury, and others, to +attend him, and ordered, under pain of excommunication, the +ecclesiastics, sequestered on his account, to be restored in two +months to all their benefices. But John of Oxford, the king's agent +with the pope, had the address to procure orders for suspending this +sentence: and he gave the pontiff such hopes of a speedy reconcilement +between the king and Becket, that two legates, William of Pavia and +Otho, were sent to Normandy, where the king then resided, and they +endeavoured to find expedients for that purpose. But the pretensions +of the parties were, as yet, too opposite to admit of an +accommodation: the king required, that all the constitutions of +Clarendon should be ratified: Becket, that previously to any +agreement, he and his adherents should be restored to their +possessions: and as the legates had no power to pronounce a definitive +sentence on either side, the negotiation soon after came to nothing. +The Cardinal of Pavia also, being much attached to Henry, took care to +protract the negotiation; to mitigate the pope, by the accounts which +he sent of that prince's conduct; and to procure him every possible +indulgence from the see of Rome. About this time, the king had also +the address to obtain a dispensation for the marriage of his third +son, Geoffrey, with the heiress of Britany; a concession which, +considering Henry's demerits towards the church, gave great scandal +both to Becket, and to his zealous patron, the King of France. + +[MN 1167.] The intricacies of the feudal law had, in that age, +rendered the boundaries of power between the prince and his vassals, +and between one prince and another, as uncertain as those between the +crown and the mitre; and all wars took their origin from disputes, +which, had there been any tribunal possessed of power to enforce their +decrees, ought to have been decided only before a court of judicature. +Henry, in prosecution of some controversies, in which he was involved +with the Count of Auvergne, a vassal of the duchy of Guienne, had +invaded the territories of that nobleman, who had recourse to the King +of France, his superior lord, for protection, and thereby kindled a +war between the two monarchs. But this war was, as usual, no less +feeble in its operations than it was frivolous in its cause and +object; and after occasioning some mutual depredations [e], and some +insurrections among the barons of Poictou and Guienne, was terminated +by a peace. The terms of this peace were rather disadvantageous to +Henry, and prove that that prince had, by reason of his contest with +the church, lost the superiority which he had hitherto maintained +over the crown of France: an additional motive to him for +accommodating those differences. +[FN [e] Hoveden, p. 517. M. Paris, p. 75. Diceto, p. 547. Gervase, +p. 1402, 1403. Robert de Monte.] + +The pope and the king began at last to perceive, that, in the present +situation of affairs, neither of them could expect a final and +decisive victory over the other, and that they had more to fear than +to hope from the duration of the controversy. Though the vigour of +Henry's government had confirmed his authority in all his dominions, +his throne might be shaken by a sentence of excommunication; and if +England itself could, by its situation, be more easily guarded against +the contagion of superstitious prejudices, his French provinces at +least, whose communication was open with the neighbouring states, +would be much exposed, on that account, to some great revolution or +convulsion [f]. He could not, therefore, reasonably imagine that the +pope, while he retained such a check upon him, would formally +recognize the constitutions of Clarendon, which both put an end to +papal pretensions in England, and would give an example to other +states of asserting a like independency [g]. [MN 1168.] Pope +Alexander, on the other hand, being still engaged in dangerous wars +with the Emperor Frederic, might justly apprehend that Henry, rather +than relinquish claims of such importance, would join the party of his +enemy; and as the trials hitherto made of the spiritual weapons by +Becket had not succeeded to his expectation, and every thing had +remained quiet in all the king's dominions, nothing seemed impossible +to the capacity and vigilance of so great a monarch. The disposition +of minds on both sides, resulting from these circumstances, produced +frequent attempts towards an accommodation; but as both parties knew +that the essential articles of the dispute could not then be +terminated, they entertained a perpetual jealousy of each other, and +were anxious not to lose the least advantage in the negotiation. The +nuncios, Gratian and Vivian, having received a commission to endeavour +a reconciliation, met with the king in Normandy; and after all +differences seemed to be adjusted, Henry offered to sign the treaty, +with a salvo to his royal dignity; which gave such umbrage to Becket, +that the negotiation, in the end, became fruitless, and the +excommuications were renewed against the king's ministers. Another +negotiation was conducted at Montmirail, in presence of the King of +France, and the French prelates; where Becket also offered to make his +submissions, with a salvo to the honour of God and the liberties of +the church; which, for the like reason, was extremely offensive to the +king, and rendered the treaty abortive. [MN 1169.] A third +conference, under the same mediation, was broken off, by Becket's +insisting on a like reserve in his submissions; and even in a fourth +treaty, when all the terms were adjusted, and when the primate +expected to be introduced to the king, and to receive the kiss of +peace, which it was usual for princes to grant in those times, and +which was regarded as a sure pledge of forgiveness, Henry refused him +that honour; under pretence that, during his anger, he had made a rash +vow to that purpose. This formality served, among such jealous +spirits, to prevent the conclusion of the treaty; and though the +difficulty was attempted to be overcome by a dispensation which the +pope granted to Henry from his vow, that prince could not be prevailed +on to depart from the resolution which he had taken. +[FN [f] Epist. St. Thom. p. 230. [g] Ibid. p. 276.] + +In one of these conferences, at which the French king was present, +Henry said to that monarch: "There have been many kings of England, +some of greater, some of less authority than myself; there have also +been many Archbishops of Canterbury, holy and good men, and entitled +to every kind of respect: let Becket but act towards me with the same +submission which the greatest of his predecessors have paid to the +least of mine, and there shall be no controversy between us." Lewis +was so struck with this state of the case, and with an offer which +Henry made to submit his cause to the French clergy, that he could not +forbear condemning the primate, and withdrawing his friendship from +him during some time: but the bigotry of that prince, and their common +animosity against Henry, soon produced a renewal of their former good +correspondence. + +[MN 1170. 22d July.] All difficulties were at last adjusted between +the parties; and the king allowed Becket to return, on conditions +which may be esteemed both honourable and advantageous to that +prelate. [MN Compromise with Becket.] He was not required to give up +any rights of the church, or resign any of those pretensions which had +been the original ground of the controversy. It was agreed that all +these questions should be buried in oblivion; but that Becket and his +adherents should, without making farther submission, be restored to +all their livings, and that even the possessors of such benefices as +depended on the see of Canterbury, and had been filled during the +primate's absence, should be expelled, and Becket have liberty to +supply the vacancies [h]. In return for concessions which intrenched +so deeply on the honour and dignity of the crown, Henry reaped only +the advantage of seeing his ministers absolved from the sentence of +excommunication pronounced against them, and of preventing the +interdict, which, if these hard conditions had not been complied with, +was ready to be laid on all his dominions [i]. It was easy to see how +much he dreaded that event, when a prince of so high a spirit could +submit to terms so dishonourable in order to prevent it. So anxious +was Henry to accommodate all differences, and to reconcile himself +fully with Becket, that he took the most extraordinary steps to +flatter his vanity, and even, on one occasion, humiliated himself so +far as to hold the stirrup of that haughty prelate while he mounted +[k]. +[FN [h] Fitz-Steph. p. 68, 69. Hoveden, p. 520. [i] Hist. Quad. p. +104. Brompton, p. 1062. Gervase, p. 1408. Epist. St. Thom. p. 704, +705, 706, 707, 792, 793, 794. Benedict. Abbas, p. 70. [k] Epist. 45. +lib. 5.] + +But the king attained not even that temporary tranquillity which he +had hoped to reap from these expedients. During the heat of his +quarrel with Becket, while he was every day expecting an interdict to +be laid on his kingdom, and a sentence of excommunication to be +fulminated against his person, he had thought it prudent to have his +son, Prince Henry, associated with him in the royalty, and to make him +be crowned king by the hands of Roger, Archbishop of York. By this +precaution he both insured the succession of that prince, which, +considering the many past irregularities in that point, could not but +be esteemed somewhat precarious; and he preserved at least his family +on the throne, if the sentence of excommunication should have the +effect which he dreaded, and should make his subjects renounce their +allegiance to him. Though this design was conducted with expedition +and secrecy, Becket, before it was carried into execution, had got +intelligence of it; and being desirous of obstructing all Henry's +measures, as well as anxious to prevent this affront to himself, who +pretended to the sole right, as Archbishop of Canterbury, to officiate +in the coronation, he had inhibited all the prelates of England from +assisting at this ceremony, had procured from the pope a mandate to +the same purpose [l], and had incited the King of France to protest +against the coronation of young Henry, unless the princess, daughter +of that monarch, should at the same time receive the royal unction. +There prevailed in that age an opinion, which was akin to its other +superstitions, that the royal unction was essential to the exercise of +royal power [m]: it was therefore natural both for the King of France, +careful of his daughter's establishment, and for Becket, jealous of +his own dignity, to demand, in the treaty with Henry, some +satisfaction in this essential point. Henry, after apologizing to +Lewis for the omission with regard to Margaret, and excusing it on +account of the secrecy and despatch requisite for conducting that +measure, promised that the ceremony should be renewed in the persons +both of the prince and princess: and he assured Becket that, besides +receiving the acknowledgments of Roger and the other bishops for the +seeming affront put on the see of Canterbury, the primate should, as a +farther satisfaction, recover his rights by officiating in this +coronation. But the violent spirit of Becket, elated by the power of +the church, and by the victory which he had already obtained over his +sovereign, was not content with this voluntary compensation, but +resolved to make the injury which he pretended to have suffered a +handle for taking revenge on all his enemies. [MN Becket’s return +from banishment.] On his arrival in England, he met the Archbishop of +York, and the Bishops of London and Salisbury, who were on their +journey to the king in Normandy: he notified to the archbishop the +sentence of suspension, and to the two bishops that of +excommunication, which, at his solicitation, the pope had pronounced +against them. Reginald de Warenne, and Gervase de Cornhill, two of +the king's ministers who were employed on their duty in Kent, asked +him, on hearing of this bold attempt, whether he meant to bring fire +and sword into the kingdom? But the primate, heedless of the reproof, +proceeded, in the most ostentatious manner, to take possession of his +diocese. In Rochester, and all the towns through which he passed, he +was received with the shouts and acclamations of the populace. As he +approached Southwark, the clergy, the laity, men of all ranks and +ages, came forth to meet him, and celebrated with hymns of joy his +triumphant entrance. And though he was obliged, by order of the young +prince, who resided at Woodstoke, to return to his diocese, he found +that he was not mistaken when he reckoned upon the highest veneration +of the public towards his person and his dignity. He proceeded, +therefore, with the more courage, to dart his spiritual thunders: he +issued the sentence of excommunication against Robert de Brock, and +Nigel de Sackville, with many others, who either had assisted at the +coronation of the prince, or been active in the late persecution of +the exiled clergy. This violent measure, by which he in effect +denounced war against the king himself, is commonly ascribed to the +vindictive disposition and imperious character of Becket; but as this +prelate was also a man of acknowledged abilities, we are not, in his +passions alone, to look for the cause of his conduct, when he +proceeded to these extremities against his enemies. His sagacity had +led him to discover all Henry's intentions; and he proposed, by this +bold and unexpected assault, to prevent the execution of them. +[FN [l] Hist. Quad. p. 103. Epist. St. Thom. p. 682. Gervase, p. +1412. [m] Epist. St. Thom. p. 708.] + +The king, from his experience of the dispositions of the people, was +become sensible that his enterprise had been too bold in establishing +the constitutions of Clarendon, in defining all the branches of royal +power, and in endeavouring to extort from the Church of England, as +well as from the pope, an express avowal of these disputed +prerogatives. Conscious also of his own violence in attempting to +break or subdue the inflexible primate, he was not displeased to undo +that measure which had given his enemies such advantage against him; +and he was contented that the controversy should terminate in that +ambiguous manner, which was the utmost that princes, in those ages, +could hope to attain in their disputes with the see of Rome. Though +he dropped, for the present, the prosecution of Becket, he still +reserved to himself the right of maintaining that the constitutions of +Clarendon, the original ground of the quarrel, were both the ancient +customs and the present law of the realm: and though he knew that the +papal clergy asserted them to be impious in themselves, as well as +abrogated by the sentence of the sovereign pontiff, he intended, in +spite of their clamours, steadily to put those laws in execution [n], +and to trust to his own abilities, and to the course of events, for +success in that perilous enterprise. He hoped that Becket's +experience of a six years' exile would, after his pride was fully +gratified by his restoration, be sufficient to teach him more reserve +in his opposition; or, if any controversy arose, he expected +thenceforth to engage in a more favourable cause, and to maintain with +advantage, while the primate was now in his power [o], the ancient and +undoubted customs of the kingdom against the usurpations of the +clergy. But Becket determined not to betray the ecclesiastical +privileges by his connivance [p], and apprehensive lest a prince of +such profound policy, if allowed to proceed in his own way, might +probably in the end prevail, he resolved to take all the advantage +which his present victory gave him, and to disconcert the cautious +measures of the king, by the vehemence and vigour of his own conduct +[q]. Assured of support from Rome, he was little intimidated by +dangers which his courage taught him to despise, and which, even if +attended with the most fatal consequences, would serve only to gratify +his ambition and thirst of glory [r]. +[FN [n] Epist. St. Thom. p. 837, 839. [o] Fitz-Steph. p. 65. [p] +Epist. St. Thom. p. 345. [q] Fitz-Steph. p. 74. [r] Epist. St. Thom. +p. 818, 848.] + +When the suspended and excommunicated prelates arrived at Baieux, +where the king then resided, and complained to him of the violent +proceedings of Becket, he instantly perceived the consequences; was +sensible that his whole plan of operations was overthrown; foresaw +that the dangerous contest between the civil and spiritual powers, a +contest which he himself had first aroused, but which he had +endeavoured, by all his late negotiations and concessions, to appease, +must come to an immediate and decisive issue; and he was thence thrown +into the most violent commotion. The Archbishop of York remarked to +him, that, so long as Becket lived, he could never expect to enjoy +peace or tranquillity: the king himself being vehemently agitated, +burst forth into an exclamation against his servants, whose want of +zeal, he said, had so long left him exposed to the enterprises of that +ungrateful and imperious prelate [s]. Four gentlemen of his +household, Reginald Fitz-Urse, William de Traci, Hugh de Moreville, +and Richard Brito, taking these passionate expressions to be a hint +for Becket's death, immediately communicated their thoughts to each +other; and swearing to revenge their prince's quarrel, secretly +withdrew from court [t]. Some menacing expressions which they had +dropped gave a suspicion of their design; and the king despatched a +messenger after them, charging them to attempt nothing against the +person of the primate [u]: but these orders arrived too late to +prevent their fatal purpose. The four assassins, though they took +different roads to England, arrived nearly about the same time at +Saltwoode, near Canterbury; and being there joined by some assistants, +they proceeded in great haste to the archiepiscopal palace. They +found the primate, who trusted entirely to the sacredness of his +character, very slenderly attended; and though they threw out many +menaces and reproaches against him, he was so incapable of fear, that, +without using any precautions against their violence, he immediately +went to St. Benedict’s church to hear vespers. They followed him +thither, attacked him before the altar, and having cloven his head +with many blows, retired without meeting any opposition. [MN 1170. +Dec. 29. Murder of Thomas à Becket.] This was the tragical end of +Thomas à Becket, a prelate of the most lofty, intrepid, and inflexible +spirit, who was able to cover to the world, and probably to himself, +the enterprises of pride and ambition under the disguise of sanctity +and of zeal for the interests of religion: an extraordinary personage, +surely had he been allowed to remain in his first station, and had +directed the vehemence of his character to the support of law and +justice; instead of being engaged, by the prejudices of the times, to +sacrifice all private duties and public connexions to ties which he +imagined or represented as superior to every civil and political +consideration. But no man who enters into the genius of that age can +reasonably doubt of this prelate's sincerity. The spirit of +superstition was so prevalent, that it infallibly caught every +careless reasoner, much more every one whose interest, and honour, and +ambition were engaged to support it. All the wretched literature of +the times was enlisted on that side: some faint glimmerings of common +sense might sometimes pierce through the thick cloud of ignorance, or +what was worse, the illusions of perverted science, which had blotted +out the sun, and enveloped the face of nature: but those who preserved +themselves untainted by the general contagion proceeded on no +principles which they could pretend to justify: they were more +indebted to their total want of instruction than to their knowledge, +if they still retained some share of understanding: folly was +possessed of all the schools as well as all the churches; and her +votaries assumed the garb of philosophers, together with the ensigns +of spiritual dignities. Throughout that large collection of letters, +which bears the name of St. Thomas, we find, in all the retainers of +the aspiring prelate, no less than in himself, a most entire and +absolute conviction of the reason and piety of their own party, and a +disdain of their antagonists: nor is there less cant and grimace in +their style, when they address each other, than when they compose +manifestos for the perusal of the public. The spirit of revenge, +violence, and ambition, which accompanied their conduct, instead of +forming a presumption of hypocrisy, are the surest pledges of their +sincere attachment to a cause, which so much flattered these +domineering passions. +[FN [s] Gervase, p. 1414. Parker, p. 207. [t] M. Paris, p. 86. +Brompton, p. 1065. Benedict. Abbas, p. 10. [u] Hist. Quad. p. 144. +Trivet, p. 55.] + +[MN Grief,] Henry, on the first report of Becket's violent measures, +had purposed to have him arrested, and had already taken some steps +towards the execution of that design: but the intelligence of his +murder threw the prince into great consternation; and he was +immediately sensible of the dangerous consequences which he had reason +to apprehend from so unexpected an event. An archbishop of reputed +sanctity, assassinated before the altar, in the exercise of his +functions, and on account of his zeal in maintaining ecclesiastical +privileges, must attain the highest honours of martyrdom; while his +murderer would be ranked among the most bloody tyrants that ever were +exposed to the hatred and detestation of mankind. Interdicts and +excommunications, weapons in themselves so terrible, would, he +foresaw, be armed with double force when employed in a cause so much +calculated to work on the human passions, and so peculiarly adapted to +the eloquence of popular preachers and declaimers. In vain would he +plead his own innocence, and even his total ignorance of the fact: he +was sufficiently guilty, if the church thought proper to esteem him +such; and his concurrence in Becket's martyrdom, becoming a religious +opinion, would be received with all the implicit credit which belonged +to the most established articles of faith. These considerations gave +the king the most unaffected concern; and as it was extremely his +interest to clear himself from all suspicion, he took no care to +conceal the depth of his affliction [w]. He shut himself up from the +light of day, and from all commerce with his servants: he even +refused, during three days, all food and sustenance [x]: the +courtiers, apprehending dangerous effects from his despair, were at +last obliged to break in upon his solitude; and they employed every +topic of consolation, induced him to accept of nourishment, and +occupied his leisure in taking precautions against the consequences +which he so justly apprehended from the murder of the primate. +[FN [w] Ypod. Neust. p. 447. M. Paris, p. 87. Diceto, p. 556. +Gervase, p. 1419. [x] Hist. Quad. p. 143.] + +[MN 1171. and submission of the king.] The point of chief importance +to Henry was to convince the pope of his innocence; or rather, to +persuade him that he would reap greater advantages from the +submissions of England, than from proceeding to extremities against +that kingdom. The Archbishop of Rouen, the Bishops of Worcester and +Evreux, with five persons of inferior quality, were immediately +despatched to Rome [y], and orders were given them to perform their +journey with the utmost expedition. Though the name and authority of +the court of Rome were so terrible in the remote countries of Europe, +which were sunk in profound ignorance, and were entirely unacquainted +with its character and conduct; the pope was so little revered at +home, that his inveterate enemies surrounded the gates of Rome itself, +and even controlled his government in that city; and the ambassadors, +who, from a distant extremity of Europe, carried to him the humble or +rather abject submissions of the greatest potentate of the age, found +the utmost difficulty to make their way to him, and to throw +themselves at his feet. It was at length agreed, that Richard Barre, +one of their number, should leave the rest behind, and run all the +hazards of the passage [z]; in order to prevent the fatal consequences +which might ensue from any delay in giving satisfaction to his +holiness. He found, on his arrival, that Alexander was already +wrought up to the greatest rage against the king; that Becket's +partisans were daily stimulating him to revenge; that the king of +France had exhorted him to fulminate the most dreadful sentence +against England; and that the very mention of Henry's name before the +sacred college was received with every expression of horror and +execration. The Thursday before Easter was now approaching, when it +is customary for the pope to denounce annual curses against all his +enemies; and it was expected that Henry should, with all the +preparations peculiar to the discharge of that sacred artillery, be +solemnly comprehended in the number. But Barre found means to appease +the pontiff, and to deter him from a measure, which, if it failed of +success, could not afterwards be easily recalled: the anathemas were +only levelled in general against all the actors, accomplices, and +abettors of Becket's murder. The Abbot of Valasse, and the +Archdeacons of Salisbury and Lisieux, with others of Henry's +ministers, who soon after arrived, besides asserting their prince's +innocence, made oath before the whole consistory that he would stand +to the pope's judgment in the affair, and make every submission that +should be required of him. The terrible blow was thus artfully +eluded; the Cardinals Albert and Theodin were appointed legates to +examine the cause, and were ordered to proceed to Normandy for that +purpose; and though Henry's foreign dominions were already laid under +an interdict by the Archbishop of Sens, Becket's great partisan, and +the pope's legate in France, the general expectation that the monarch +would easily exculpate himself from any concurrence in the guilt, kept +every one in suspense, and prevented all the bad consequences which +might be dreaded from that sentence. +[FN [y] Hoveden, p. 526. M. Paris, p. 87. [z] Hoveden, p. 26. +Epist. St. Thom. p. 863.] + +The clergy, meanwhile, though their rage was happily diverted from +falling on the king, were not idle in magnifying the sanctity of +Becket; in extolling the merits of his martyrdom; and in exalting him +above all that devoted tribe, who in several ages had, by their blood, +cemented the fabric of the temple. Other saints had only borne +testimony by their sufferings to the general doctrines of +Christianity; but Becket had sacrificed his life to the power and +privileges of the clergy; and this peculiar merit challenged, and not +in vain, a suitable acknowledgment to his memory. Endless were the +panegyrics on his virtues; and the miracles wrought by his relics were +more numerous, more nonsensical, and more impudently attested, than +those which ever filled the legend of any confessor or martyr. Two +years after his death he was canonized by Pope Alexander; a solemn +jubilee was established for celebrating his merits; his body was +removed to a magnificent shrine, enriched with presents from all parts +of Christendom; pilgrimages were performed to obtain his intercession +with Heaven; and it was computed, that in one year above a hundred +thousand pilgrims arrived in Canterbury, and paid their devotions at +his tomb. It is indeed a mortifying reflection to those who are +actuated by the love of fame, so justly denominated the last infirmity +of noble minds, that the wisest legislator, and most exalted genius +that ever reformed or enlightened the world, can never expect such +tributes of praise as are lavished on the memory of pretended saints, +whose whole conduct was probably to the last degree odious or +contemptible, and whose industry was entirely directed to the pursuit +of objects pernicious to mankind. It is only a conqueror, a personage +no less entitled to our hatred, who can pretend to the attainment of +equal renown and glory. + +It may not be amiss to remark, before we conclude the subject of +Thomas à Becket, that the king, during his controversy with that +prelate, was on every occasion more anxious than usual to express his +zeal for religion, and to avoid all appearance of a profane negligence +on that head. He gave his consent to the imposing of a tax on all his +dominions for the delivery of the Holy Land, now threatened by the +famous Saladine: this tax amounted to two-pence a pound for one year, +and a penny a pound for the four subsequent [a]. Almost all the +princes of Europe laid a like imposition on their subjects, which +received the name of Saladine's tax. During this period, there came +over from Germany about thirty heretics of both sexes, under the +direction of one Gerard; simple ignorant people, who could give no +account of their faith, but declared themselves ready to suffer for +the tenets of their master. They made only one convert in England, a +woman as ignorant as themselves; yet they gave such umbrage to the +clergy, that they were delivered over to the secular arm, and were +punished by being burned on the forehead, and then whipped through the +streets. They seemed to exult in their sufferings, and, as they went +along, sung the beatitude, BLESSED ARE YE, WHEN MEN HATE YOU AND +PERSECUTE YOU [b]. After they were whipped, they were thrust out +almost naked in the midst of winter and perished through cold and +hunger; no one daring or being willing, to give them the least relief. +We are ignorant of the particular tenets of these people; for it would +be imprudent to rely on the representations left of them by the +clergy, who affirmed that they denied the efficacy of the sacraments, +and the unity of the church. It is probable that their departure from +the standard of orthodoxy was still more subtle and minute. They seem +to have been the first that ever suffered for heresy in England. +[FN [a] Chron. Gervase, p. 1399. M. Paris, p. 74. [b] Neubr. p. 391. +M. Paris, p. 74. Heming. p. 494.] + +As soon as Henry found that he was in no immediate danger from the +thunders of the Vatican, he undertook an expedition against Ireland; a +design which he had long projected, and by which he hoped to recover +his credit, somewhat impaired by his late transactions with the +hierarchy. + + + + +CHAPTER IX. + +STATE OF IRELAND.--CONQUEST OF THAT ISLAND.--THE KING’S ACCOMMODATION +WITH THE COURT OF ROME.--REVOLT OF YOUNG HENRY AND HIS BROTHERS.--WARS +AND INSURRECTIONS.--WAR WITH SCOTLAND.--PENANCE OF HENRY FOR BECKET'S +MURDER.--WILLIAM, KING OF SCOTLAND, DEFEATED AND TAKEN PRISONER.--THE +KING'S ACCOMMODATION WITH HIS SONS.--THE KING'S EQUITABLE +ADMINISTRATION.--CRUSADES.--REVOLT OF PRINCE RICHARD.--DEATH AND +CHARACTER OF HENRY.--MISCELLANEOUS TRANSACTIONS OF HIS REIGN. + + + +[MN 1172. State of Ireland.] +As Britain was first peopled from Gaul, so was Ireland probably from +Britain; and the inhabitants of all these countries seem to have been +so many tribes of the Celtae, who derive their origin from an +antiquity that lies far beyond the records of any history or +tradition. The Irish, from the beginning of time, had been buried in +the most profound barbarism and ignorance; and as they were never +conquered, or even invaded by the Romans, from whom all the western +world derived its civility, they continued still in the most rude +state of society, and were distinguished by those vices alone, to +which human nature, not tamed by education, or restrained by laws, is +for ever subject. The small principalities into which they were +divided exercised perpetual rapine and violence against each other; +the uncertain succession of their princes was a continual source of +domestic convulsions; the usual title of each petty sovereign was the +murder of his predecessor; courage and force, though exercised in the +commission of crimes, were more honoured than any pacific virtues; and +the most simple arts of life, even tillage and agriculture, were +almost wholly unknown among them. They had felt the invasions of the +Danes and the other northern tribes; but these inroads, which had +spread barbarism in other parts of Europe, tended rather to improve +the Irish; and the only towns which were to be found in the island had +been planted along the coast by the freebooters of Norway and Denmark. +The other inhabitants exercised pasturage in the open country; sought +protection from any danger in their forests and morasses; and being +divided by the fiercest animosities against each other, were still +more intent on the means of mutual injury, than on the expedients for +common or even for private interest. + +Besides many small tribes, there were in the age of Henry II. five +principal sovereignties in the island, Munster, Leinster, Meath, +Ulster, and Connaught; and as it had been usual for the one or the +other of these to take the lead in their wars, there was commonly some +prince, who seemed, for the time, to act as monarch of Ireland. +Roderic O'Connor, King of Connaught, was then advanced to this dignity +[a]; but his government, ill obeyed even within his own territory, +could not unite the people in any measures either for the +establishment of order, or for defence against foreigners. The +ambition of Henry had, very early in his reign, been moved by the +prospect of these advantages to attempt the subjecting of Ireland; and +a pretence was only wanting to invade a people who, being always +confined to their own island, had never given any reason of complaint +to any of their neighbours. For this purpose, he had recourse to +Rome, which assumed a right to dispose of kingdoms and empires; and, +not foreseeing the dangerous disputes which he was one day to maintain +with that see, he helped, for present, or rather for an imaginary, +convenience, to give sanction to claims which were now become +dangerous to all sovereigns. Adrian III., who then filled the papal +chair, was by birth an Englishman; and being, on that account, the +more disposed to oblige Henry, he was easily persuaded to act as +master of the world, and to make, without any hazard or expense, the +acquisition of a great island to his spiritual jurisdiction. The Irish +had, by precedent missions from the Britons, been imperfectly +converted to Christianity; and, what the pope regarded as the surest +mark of their imperfect conversion, they followed the doctrines of +their first teachers, and had never acknowledged any subjection to the +see of Rome. Adrian, therefore, in the year 1156, issued a bull in +favour of Henry; in which, after premising that this prince had ever +shown an anxious care to enlarge the church of God on earth, and to +increase the number of his saints and elect in heaven; he represents +his design of subduing Ireland as derived from the same pious motives: +he considers his care of previously applying for the apostolic +sanction as a sure earnest of success and victory; and having +established it as a point incontestable, that all Christian kingdoms +belong to the patrimony of St. Peter, he acknowledges it to be his own +duty to sow among them the seeds of the gospel, which might in the +last day fructify to their eternal salvation: he exhorts the king to +invade Ireland, in order to extirpate the vice and wickedness of the +natives, and oblige them to pay yearly, from every house, a penny to +the see of Rome: he gives him entire right and authority over the +island, commands all the inhabitants to obey him as their sovereign, +and invests with full power all such godly instruments as he should +think proper to employ in an enterprise thus calculated for the glory +of God and the salvation of the souls of men [b]. Henry, though armed +with this authority, did not immediately put his design in execution; +but being detained by more interesting business on the continent, +waited for a favourable opportunity of invading Ireland. +[FN [a] Hoveden, p. 527. [b] M. Paris, p. 67. Girald. Cambr. Spellm. +Concil. vol. ii. p. 51. Rymer, vol. i. p. 15.] + +Dermot Macmorrogh, King of Leinster, had, by his licentious tyranny, +rendered himself odious to his subjects, who seized with alacrity the +first occasion that offered of throwing off the yoke, which was become +grievous and oppressive to them. This prince had formed a design on +Dovergilda, wife of Ororic, Prince of Breffny; and taking advantage of +her husband's absence, who, being obliged to visit a distant part of +his territory, had left his wife secure, as he thought, in an island +surrounded by a bog, he suddenly invaded the place and carried off the +princess [c]. This exploit, though usual among the Irish, and rather +deemed a proof of gallantry and spirit [d], provoked the resentment of +the husband; who, having collected forces, and being strengthened by +the alliance of Roderic, King of Connaught, invaded the dominions of +Dermot, and expelled him his kingdom. The exiled prince had recourse +to Henry, who was at this time in Guienne, craved his assistance in +restoring him to his sovereignty, and offered, on that event, to hold +his kingdom in vassalage under the crown of England. Henry, whose +views were already turned towards making acquisitions in Ireland, +readily accepted the offer; but being at that time embarrassed by the +rebellions of his French subjects, as well as by his disputes with the +see of Rome, he declined for the present embarking in the enterprise, +and gave Dermot no farther assistance than letters patent, by which he +empowered all his subjects to aid the Irish prince in the recovery of +his dominions [e]. Dermot, supported by this authority, came to +Bristol; and after endeavouring, though for some time in vain, to +engage adventurers in the enterprise, he at last formed a treaty with +Richard, surnamed Strongbow, Earl of Strigul. This nobleman, who was +of the illustrious house of Clare, had impaired his fortune by +expensive pleasures; and being ready for any desperate undertaking, he +promised assistance to Dermot, on condition that he should espouse +Eva, daughter of that prince, and be declared heir to all his +dominions [f]. While Richard was assembling his succours, Dermot went +into Wales; and meeting with Robert Fitz-Stephens, Constable of +Abertivi, and Maurice Fitz-Gerald, he also engaged them in his +service, and obtained their promise of invading Ireland. Being now +assured of succour, he returned privately to his own state; and +lurking in the monastery of Fernes, which he had founded, (for this +ruffian was also a founder of monasteries,) he prepared every thing +for the reception of his English allies [g]. +[FN [c] Girald. Cambr. p. 760. [d] Spencer, vol. vi. [e] Girald. +Cambr. p. 760. [f] Ibid. p. 761. [g] Ibid.] + +[MN Conquest of that island.] +The troops of Fitz-Stephens were first ready. That gentleman landed +in Ireland with thirty knights, sixty esquires, and three hundred +archers; but this small body, being brave men, not unacquainted with +discipline, and completely armed, a thing almost unknown in Ireland, +struck a great terror into the barbarous inhabitants, and seemed to +menace them with some signal revolution. The conjunction of Maurice +de Pendergast, who, about the same time, brought over ten knights and +sixty archers, enabled Fitz-Stephens to attempt the siege of Wexford, +a town inhabited by the Danes; and after gaining an advantage, he made +himself master of the place [h]. Soon after, Fitz-Gerald arrived with +ten knights, thirty esquires, and a hundred archers [i]; and being +joined by the former adventurers, composed a force which nothing in +Ireland was able to withstand. Roderic, the chief monarch of the +island, was foiled in different actions; the Prince of Ossory was +obliged to submit, and give hostages for his peaceable behaviour; and +Dermot, not content with being restored to his kingdom of Leinster, +projected the dethroning of Roderic, and aspired to the sole dominion +over the Irish. +[FN [h] Girald. Cambr. p. 761, 762. [i] Ibid. p. 766.] + +In prosecution of these views, he sent over a messenger to the Earl of +Strigul, challenging the performance of his promise, and displaying +the mighty advantages which might now be reaped by a reinforcement of +warlike troops from England. Richard, not satisfied with the general +allowance given by Henry to all his subjects, went to that prince, +then in Normandy; and having obtained a cold or ambiguous permission, +prepared himself for the execution of his designs. He first sent over +Raymond, one of his retinue, with ten knights and seventy archers, +who, landing near Waterford, defeated a body of three thousand Irish, +that had ventured to attack him [k]; and as Richard himself, who +brought over two hundred horse, and a body of archers, joined, a few +days after, the victorious English, they made themselves masters of +Waterford, and proceeded to Dublin, which was taken by assault. +Roderic, in revenge, cut off the head of Dermot's natural son, who had +been left as a hostage in his hands; and Richard, marrying Eva, became +soon after, by the death of Dermot, master of the kingdom of Leinster, +and prepared to extend his authority over all Ireland. Roderic, and +the other Irish princes, were alarmed at the danger; and, combining +together, besieged Dublin with an army of thirty thousand men; but +Earl Richard making a sudden sally at the head of ninety knights, with +their followers, put this numerous army to rout, chased them off the +field, and pursued them with great slaughter. None in Ireland now +dared to oppose themselves to the English [l]. +[FN [k] Ibid. p. 767. [l] Girald. Cambr. p. 773.] + +Henry, jealous of the progress made by his own subjects, sent orders +to recall all the English, and he made preparations to attack Ireland +in person [m]: but Richard, and the other adventurers, found means to +appease him by making him the most humble submissions, and offering to +hold all their acquisitions in vassalage to his crown [n]. That +monarch landed in Ireland at the head of five hundred knights, besides +other soldiers: he found the Irish so dispirited by their late +misfortunes, that, in a progress which he made through the island, he +had no other occupation than to receive the homage of his new +subjects. He left most of the Irish chieftains or princes in +possession of their ancient territories; bestowed some lands on the +English adventurers; gave Earl Richard the commission of Seneschal of +Ireland; and after a stay of a few months, returned in triumph to +England. By these trivial exploits, scarcely worth relating, except +for the importance of the consequences, was Ireland subdued, and +annexed to the English crown. +[FN [m] Ibid. p. 770. [n] Ibid. p. 775.] + +The low state of commerce and industry, during those ages, made it +impracticable for princes to support regular armies, which might +retain a conquered country in subjection; and the extreme barbarism +and poverty of Ireland could still less afford means of bearing the +expense. The only expedient, by which a durable conquest could then +be made or maintained, was by pouring in a multitude of new +inhabitants, dividing among them the lands of the vanquished, +establishing them in all offices of trust and authority, and thereby +transforming the ancient inhabitants into a new people. By this +policy, the northern invaders of old, and of late the Duke of +Normandy, had been able to fix their dominions, and to erect kingdoms, +which remained stable on their foundations, and were transmitted to +the posterity of the first conquerors. But the state of Ireland +rendered that island so little inviting to the English, that only a +few of desperate fortunes could be persuaded, from time to time, to +transport themselves thither [o]; and instead of reclaiming the +natives from their uncultivated manners, they were gradually +assimilated to the ancient inhabitants, and degenerated from the +customs of their own nation. It was also found requisite to bestow +great military and arbitrary powers on the leaders, who commanded a +handful of men amidst such hostile multitudes; and law and equity, in +a little time, became as much unknown in the English settlements as +they had ever been among the Irish tribes. Palatinates were erected +in favour of the new adventurers; independent authority conferred; the +natives, never fully subdued, still retained their animosity against +the conquerors; their hatred was retaliated by like injuries; and from +these causes, the Irish, during the course of four centuries, remained +still savage and untractable: it was not till the latter end of +Elizabeth’s reign that the island was fully subdued; nor till that of +her successor that it gave hopes of becoming a useful conquest to the +English nation. +[FN [o] Brompton, p. 1069. Neubrig. p. 403.] + +Besides that the easy and peaceable submission of the Irish left Henry +no farther occupation in that island, he was recalled from it by +another incident, which was of the last importance to his interest and +safety. The two legates, Albert and Theodin, to whom was committed +the trial of his conduct in the murder of Archbishop Becket, were +arrived in Normandy; and being impatient of delay, sent him frequent +letters, full of menaces, if he protracted any longer making his +appearance before them [p]. He hastened therefore to Normandy, and +had a conference with them at Savigny, where their demands were so +exorbitant, that he broke off the negotiation, threatened to return to +Ireland, and bade them do their worst against him. They perceived +that the season was now past for taking advantage of that tragical +incident; which, had it been hotly pursued by interdicts and +excommunications, was capable of throwing the whole kingdom into +combustion. But the time which Henry had happily gained had +contributed to appease the minds of men: the event could not now have +the same influence as when it was recent; and as the clergy every day +looked for an accommodation with the king, they had not opposed the +pretensions of his partisans, who had been very industrious in +representing to the people his entire innocence in the murder of the +primate, and his ignorance of the designs formed by the assassins. +The legates, therefore, found themselves obliged to lower their terms; +and Henry was so fortunate as to conclude an accommodation with them. +He declared upon oath, before the relics of the saints, that, so far +from commanding or desiring the death of the archbishop, he was +extremely grieved when he received intelligence of it: but as the +passion which he had expressed on account of that prelate's conduct +had probably been the occasion of his murder, he stipulated the +following conditions, as an atonement for the offence. [MN The king’s +accommodation with the court of Rome.] He promised, that he should +pardon all such as had been banished for adhering to Becket, and +should restore them to their livings; that the see of Canterbury +should be reinstated in all its ancient possessions; that he should +pay the Templars a sum of money for the subsistence of two hundred +knights during a year in the Holy Land; that he should himself take +the cross at the Christmas following, and, if the pope required it, +serve three years against the infidels either in Spain or Palestine; +that he should not insist on the observance of such customs, +derogatory to ecclesiastical privileges, as had been introduced in his +own time; and that he should not obstruct appeals to the pope in +ecclesiastical causes, but should content himself with exacting +sufficient security from such clergymen as left his dominions to +prosecute an appeal, that they should attempt nothing against the +rights of his crown [q]. Upon signing these concessions, Henry +received absolution from the legates, and was confirmed in the grant +of Ireland made by Pope Adrian [r]; and nothing proves more strongly +the great abilities of this monarch, than his extricating himself on +such easy terms from so difficult a situation. He had always insisted +that the laws established at Clarendon contained not any new claims, +but the ancient customs of the kingdom; and he was still at liberty, +notwithstanding the articles of this agreement, to maintain his +pretensions. Appeals to the pope were indeed permitted by that +treaty; but as the king was also permitted to exact reasonable +securities from the parties, and might stretch his demands on this +head as far as he pleased, he had it virtually in his power to prevent +the pope from reaping any advantage by this seeming concession. And +on the whole, the constitutions of Clarendon remained still the law of +the realm; though the pope and his legates seem so little to have +conceived the king's power to lie under any legal limitations, that +they were satisfied with his departing, by treaty, from one of the +most momentous articles of these constitutions, without requiring any +repeal by the states of the kingdom. +[FN [p] Girald. Cambr. p. 778. [q] M. Paris, p. 88. Benedict. Abb. +p. 34. Hoveden, p. 529. Diceto, p 560. Chron. Gerv. p. 1422. [r] +Brompton, p. 1071 Liber Nig. Scac. p. 47.] + +Henry, freed from this dangerous controversy with the ecclesiastics +and with the see of Rome, seemed now to have reached the pinnacle of +human grandeur and felicity, and to be equally happy in his domestic +situation and in his political government. A numerous progeny of sons +and daughters gave both lustre and authority to his crown, prevented +the dangers of a disputed succession, and repressed all pretensions of +the ambitious barons. The king's precaution, also, in establishing +the several branches of his family, seemed well calculated to prevent +all jealousy among the brothers, and to perpetuate the greatness of +his family. He had appointed Henry, his eldest son, to be his +successor in the kingdom of England, the duchy of Normandy, and the +counties of Anjou, Maine, and Touraine; territories which lay +contiguous, and which, by that means, might easily lend to each other +mutual assistance, both against intestine commotions and foreign +invasions. Richard, his second son, was invested in the duchy of +Guienne and county of Poictou; Geoffrey, his third son, inherited, in +right of his wife, the duchy of Britany; and the new conquest of +Ireland was destined for the appanage of John, his fourth son. He had +also negotiated, in favour of this last prince, a marriage with +Adelais, the only daughter of Humbert, Count of Savoy and Maurienne; +and was to receive as her dowry considerable demesnes in Piedmont, +Savoy, Bresse, and Dauphiny [s]. But this exaltation of his family +excited the jealousy of all his neighbours, who made those very sons, +whose fortunes he had so anxiously established, the means of +embittering his future life, and disturbing his government. +[FN [s] Ypod. Neust. p. 448. Bened. Abb. p. 38. Hoveden, p. 532. +Diceto, p. 562. Brompton, p. 1081. Rymer, vol. i. p. 33.] + +Young Henry, who was rising to man's estate, began to display his +character, and aspire to independence: brave, ambitious, liberal, +munificent, affable; he discovered qualities which give great lustre +to youth; prognosticate a shining fortune; but unless tempered in +mature age with discretion, are the forerunners of the greatest +calamities [t]. It is said, that at the time when this prince +received the royal unction, his father, in order to give greater +dignity to the ceremony, officiated at table as one of the retinue; +and observed to his son, that never king was more royally served. IT +IS NOTHING EXTRAORDINARY, said young Henry to one of his courtiers, IF +THE SON OF A COUNT SHOULD SERVE THE SON OF A KING. This saying, which +might pass only for an innocent pleasantry, or even for an oblique +compliment to his father, was however regarded as a symptom of his +aspiring temper; and his conduct soon after justified the conjecture. +[FN [t] Chron. Gerv. p. 1463.] + +Henry, agreeably to the promise which he had given both to the pope +and French king, permitted his son to be crowned anew by the hands of +the Archbishop of Rouen, and associated the Princess Margaret, spouse +to young Henry, in the ceremony [u] [MN 1173.] He afterwards allowed +him to pay a visit to his father-in-law at Paris, who took the +opportunity of instilling into the young prince those ambitious +sentiments, to which he was naturally but too much inclined [w]. [MN +Revolt of young Henry and his brothers.] Though it had been the +constant practice of France, ever since the accession of the Capetian +line, to crown the son during the lifetime of the father, without +conferring on him any present participation of royalty, Lewis +persuaded his son-in-law, that, by this ceremony, which in those ages +was deemed so important, he had acquired a title to sovereignty, and +that the king could not, without injustice, exclude him from immediate +possession of the whole or at least a part of his dominions. In +consequence of these extravagant ideas, young Henry, on his return, +desired the king to resign to him either the crown of England, or the +duchy of Normandy; discovered great discontent on the refusal; spake +in the most undutiful terms of his father; and soon after, in concert +with Lewis, made his escape to Paris, where he was protected and +supported by that monarch. +[FN [u] Hoveden, p. 529. Diceto, p. 560. Brompton, p. 1080. Chron. +Gerv. p. 1421. Trivet, p. 58. It appears from Madox's History of the +Exchequer, that silk garments were then known in England, and that the +coronation robes of the young king and queen cost eighty-seven pounds +ten shillings and four pence, money of that age. [w] Girald. Camb. p. +782.] + +While Henry was alarmed at this incident, and had the prospect of +dangerous intrigues, or even of a war, which, whether successful or +not, must be extremely calamitous and disagreeable to him, he received +intelligence of new misfortunes, which must have affected him in the +most sensible manner. Queen Eleanor, who had disgusted her first +husband by her gallantries, was no less offensive to her second by her +jealousy; and after this manner carried to extremity, in the different +periods of her life, every circumstance of female weakness. She +communicated her discontents against Henry to her two younger sons, +Geoffrey and Richard; persuaded them that they were also entitled to +present possession of the territories assigned to them; engaged them +to fly secretly to the court of France; and was meditating, herself, +an escape to the same court, and had even put on man's apparel for +that purpose; when she was seized by orders from her husband, and +thrown into confinement. Thus, Europe saw with astonishment the best +and most indulgent of parents at war with his whole family; three +boys, scarcely arrived at the age of puberty, required a great +monarch, in the full vigour of his age and height of his reputation, +to dethrone himself in their favour; and several princes not ashamed +to support them in these unnatural and absurd pretensions. + +Henry, reduced to this perilous and disagreeable situation, had +recourse to the court of Rome: though sensible of the danger attending +the interposition of ecclesiastical authority in temporal disputes, he +applied to the pope, as his superior lord, to excommunicate his +enemies, and by these censures to reduce to obedience his undutiful +children, whom he found such reluctance to punish by the sword of the +magistrate [x]. Alexander, well pleased to exert his power in so +justifiable a cause, issued the bulls required of him; but it was soon +found that these spiritual weapons had not the same force as when +employed in a spiritual controversy; and that the clergy were very +negligent in supporting a sentence which was nowise calculated to +promote the immediate interests of their order. The king, after +taking in vain this humiliating step, was obliged to have recourse to +arms, and to enlist such auxiliaries as are the usual resource of +tyrants, and have seldom been employed by so wise and just a monarch. +[FN [x] Epist. Petri Bles. epist. 136. in Biblioth. Patr. tom. xxiv. +p. 1048. His words are, VESTRAE JURISDICTIONIS EST REGNUM ANGLIAE, ET +QUANTUM AD FEUDATORII JURIS OBLIGATIONEM, VOBIS DUNTAXAT OBNOXIUS +TENEOR. The same strange paper is in Rymer, vol. i. p. 35, and +Trivet, vol. i. p. 62.] + +The loose government which prevailed in all the states of Europe, the +many private wars carried on among the neighbouring nobles, and the +impossibility of enforcing any general execution of the laws, had +encouraged a tribe of banditti to disturb every where the public +peace, to infest the highways, to pillage the open country, and to +brave all the efforts of the civil magistrate, and even the +excommunications of the church, which were fulminated against them +[y]. Troops of them were sometimes enlisted in the service of one +prince or baron, sometimes in that of another: they often acted in an +independent manner, under leaders of their own: the peaceable and +industrious inhabitants, reduced to poverty by their ravages, were +frequently obliged, for subsistence, to betake themselves to a like +disorderly course of life; and a continual intestine war, pernicious +to industry, as well as to the execution of justice, was thus carried +on in the bowels of every kingdom [z]. Those desperate ruffians +received the name sometimes of Brabancons, sometimes of Routiers or +Cottereaux; but for what reason is not agreed by historians; and they +formed a kind of society or government among themselves, which set at +defiance the rest of mankind. The greatest monarchs were not ashamed, +on occasion, to have recourse to their assistance; and as their habits +of war and depredation had given them experience, hardiness, and +courage, they generally composed the most formidable part of those +armies which decided the political quarrels of princes. Several of +them were enlisted among the forces levied by Henry's enemies [a]; but +the great treasures amassed by that prince enabled him to engage more +numerous troops of them in his service; and the situation of his +affairs rendered even such banditti the only forces on whose fidelity +he could repose any confidence. His licentious barons, disgusted with +a vigilant government, were more desirous of being ruled by young +princes, ignorant of public affairs, remiss in their conduct, and +profuse in their grants [b]; and as the king had ensured to his sons +the succession to every particular province of his dominions, the +nobles dreaded no danger in adhering to those who, they knew, must +some time become their sovereigns. Prompted by these motives, many of +the Norman nobility had deserted to his son Henry; the Breton and +Gascon barons seemed equally disposed to embrace the quarrel of +Geoffrey and Richard. Disaffection had crept in among the English; +and the Earls of Leicester and Chester in particular had openly +declared against the king. Twenty thousand Brabancons, therefore, +joined to some troops which he brought over from Ireland, and a few +barons of approved fidelity, formed the sole force with which he +intended to resist his enemies. +[FN [y] Neubrig. p 413. [z] Chron. Gerv. p. 1461. [a] Petr. Bles. +epist. 47. [b] Diceto, p. 570.] + +Lewis, in order to bind the confederates in a close union, summoned at +Paris an assembly of the chief vassals of the crown, received their +approbation of his measures, and engaged them by oath to adhere to the +cause of young Henry. This prince, in return, bound himself by a like +tie never to desert his French allies; and having made a new great +seal, he lavishly distributed among them many considerable parts of +those territories which he purposed to conquer from his father. The +Counts of Flanders, Boulogne, Blois, and Eu, partly moved by the +general jealousy arising from Henry's power and ambition, partly +allured by the prospect of reaping advantage from the inconsiderate +temper and the necessities of the young prince, declared openly in +favour of the latter. William, King of Scotland, had also entered +into this great confederacy; and a plan was concerted for a general +invasion on different parts of the king's extensive and factious +dominions. + +Hostilities were first commenced by the Counts of Flanders and +Boulogne on the frontiers of Normandy. Those princes laid siege to +Aumale, which was delivered into their hands by the treachery of the +count of that name: this nobleman surrendered himself prisoner; and, +on pretence of thereby paying his ransom, opened the gates of all his +other fortresses. The two counts next besieged and made themselves +masters of Drincourt; but the Count of Boulogne was here mortally +wounded in the assault; and this incident put some stop to the +progress of the Flemish arms. + +[MN Wars and insurrections.] +In another quarter, the King of France, being strongly assisted by his +vassals, assembled a great army of seven thousand knights and their +followers on horseback, and a proportionable number of infantry: +carrying young Henry along with him, he laid siege to Verneuil, which +was vigorously defended by Hugh de Lacy and Hugh de Beauchamp, the +governors. After he had lain a month before the place, the garrison, +being straitened for provisions, were obliged to capitulate; and they +engaged, if not relieved within three days, to surrender the town, and +to retire into the citadel. On the last of these days, Henry appeared +with his army upon the heights above Verneuil. Lewis, dreading an +attack, sent the Archbiship of Sens and the Count of Blois to the +English camp, and desired that next day should be appointed for a +conference, in order to establish a general peace, and terminate the +difference between Henry and his sons. The king, who passionately +desired this accommodation, and suspected no fraud, gave his consent; +but Lewis, that morning, obliging the garrison to surrender, according +to the capitulation, set fire to the place, and began to retire with +his army. Henry, provoked at this artifice, attacked the rear with +vigour, put them to rout, did some execution, and took several +prisoners. The French army, as their time of service was now expired, +immediately dispersed themselves into their several provinces; and +left Henry free to prosecute his advantages against his other enemies. + +The nobles of Britany, instigated by the Earl of Chester and Ralph de +Fougeres, were all in arms; but their progress was checked by a body +of Brabancons which the king, after Lewis's retreat, had sent against +them. The two armies came to an action near Dol, where the rebels +were defeated, fifteen hundred killed on the spot, and the leaders, +the Earls of Chester and Fougeres, obliged to take shelter in the town +of Dol. Henry hastened to form the siege of that place, and carried +on the attack with such ardour, that he obliged the governor and +garrison to surrender themselves prisoners. By these vigorous +measures and happy successes the insurrections were entirely quelled +in Britany; and the king, thus fortunate in all quarters, willingly +agreed to a conference with Lewis, in hopes that his enemies, finding +all their mighty efforts entirely frustrated, would terminate +hostilities on some moderate and reasonable conditions. + +The two monarchs met between Trie and Gisors; and Henry had here the +mortification to see his three sons in the retinue of his mortal +enemy. As Lewis had no other pretence for war than supporting the +claims of the young princes, the king made them such offers as +children might be ashamed to insist on, and could be extorted from him +by nothing but his parental affection, or by the present necessity of +his affairs [c]. He insisted only on retaining the sovereign +authority in all his dominions; but offered young Henry half the +revenues of England, with some places of surety in that kingdom; or, +if he rather chose to reside in Normandy, half the revenues of that +duchy, with all those of Anjou. He made a like offer to Richard in +Guienne: he promised to resign Britany to Geoffrey; and if these +concessions were not deemed sufficient, he agreed to add to them +whatever the pope's legates, who were present, should require of him +[d]. The Earl of Leicester was also present at the negotiation; and +either from the impetuosity of his temper, or from a view of abruptly +breaking off a conference which must cover the allies with confusion, +he gave vent to the most violent reproaches against Henry, and he even +put his hand to his sword, as if he meant to attempt some violence +against him. This furious action threw the whole company into +confusion, and put an end to the treaty [e]. +[FN [c] Hoveden, p. 538. [d] Ibid. p. 536. Brompton, p. 1088. [e] +Hoveden, p. 536.] + +The chief hopes of Henry's enemies seemed now to depend on the state +of affairs in England, where his authority was exposed to the most +imminent danger. One article of Prince Henry's agreement with his +foreign confederates was, that he should resign Kent, with Dover, and +all its other fortresses, into the hands of the Earl of Flanders [f]: +yet so little national or public spirit prevailed among the +independent English nobility, so wholly bent were they on the +aggrandizement each of himself and his own family, that +notwithstanding this pernicious concession, which must have produced +the ruin of the kingdom, the greater part of them had conspired to +make an insurrection, and to support the prince's pretensions. The +king's principal resource lay in the church and the bishops, with whom +he was now in perfect agreement; whether that the decency of their +character made them ashamed of supporting so unnatural a rebellion, or +that they were entirely satisfied with Henry's atonement for the +murder of Becket, and for his former invasion of ecclesiastical +immunities. That prince, however, had resigned none of the essential +rights of his crown in the accommodation; he maintained still the same +prudent jealousy of the court of Rome; admitted no legate into +England, without his swearing to attempt nothing against the royal +prerogatives; and he had even obliged the monks of Canterbury, who +pretended to a free election on the vacancy made by the death of +Becket, to choose Roger, prior of Dover, in the place of that +turbulent prelate [g]. +[FN [f] Ibid. p. 533. Brompton, p. 1084. Neubr. p. 508. [g] +Hoveden, p. 537.] + +[MN War with Scotland.] +The King of Scotland made an irruption into Northumberland, and +committed great devastations; but being opposed by Richard de Lucy, +whom Henry had left guardian of the realm, he retreated into his own +country, and agreed to a cessation of arms. This truce enabled the +guardian to march southward with his army, in order to oppose an +invasion, which the Earl of Leicester, at the head of a great body of +Flemings, had made upon Suffolk. The Flemings had been joined by Hugh +Bigod, who made them masters of his castle of Framlingham; and +marching into the heart of the kingdom, where they hoped to be +supported by Leicester's vassals, they were met by Lucy, who, assisted +by Humphrey Bohun, the constable, and the Earls of Arundel, +Gloucester, and Cornwall, had advanced to Farnham, with a less +numerous but braver army to oppose them. The Flemings, who were +mostly weavers and artificers, (for manufactures were now beginning to +be established in Flanders,) were broken in an instant, ten thousand +of them were put to the sword, the Earl of Leicester was taken +prisoner, and the remains of the invaders were glad to compound for a +safe retreat into their own country. + +[MN 1174.] This great defeat did not dishearten the malecontents; +who, being supported by the alliance of so many foreign princes, and +encouraged by the king's own sons, determined to persevere in their +enterprise. The Earl of Ferrars, Roger de Mowbray, Architel de +Mallory, Richard de Morreville, Hamo de Mascie, together with many +friends of the Earls of Leicester and Chester, rose in arms: the +fidelity of the Earls of Clare and Gloucester was suspected; and the +guardian, though vigorously supported by Geoffrey, Bishop of Lincoln, +the king's natural son by the fair Rosamond, found it difficult to +defend himself on all quarters from so many open and concealed +enemies. The more to augment the confusion, the King of Scotland, on +the expiration of the truce, broke into the northern provinces with a +great army [h] of eighty thousand men; which, though undisciplined and +disorderly, and better fitted for committing devastation than for +executing any military enterprise, was become dangerous from the +present factious and turbulent spirit of the kingdom. Henry, who had +baffled all his enemies in France, and had put his frontiers in a +posture of defence, now found England the seat of danger; and he +determined by his presence to overawe the malecontents, or by his +conduct and courage to subdue them. [MN 8th July. Penance of Henry +for Becket’s murder.] He landed at Southampton; and knowing the +influence of superstition over the minds of the people, he hastened to +Canterbury, in order to make atonement to the ashes of Thomas à +Becket, and tender his submissions to a dead enemy. As soon as he +came within sight of the church of Canterbury, he dismounted, walked +barefoot towards it, prostrated himself before the shrine of the +saint, remained in fasting and prayer during a whole day, and watched +all night the holy relics. Not content with this hypocritical +devotion towards a man whose violence and ingratitude had so long +disquieted his government, and had been the object of his most +inveterate animosity, he submitted to a penance still more singular +and humiliating. He assembled a chapter of the monks, disrobed +himself before them, put a scourge of discipline into the hands of +each, and presented his bare shoulders to the lashes which these +ecclesiastics successively inflicted upon him. Next day he received +absolution; and departing for London, got soon after the agreeable +intelligence of a great victory which his generals had obtained over +the Scots, and which being gained, as was reported, on the very day of +his absolution, was regarded as the earnest of his final +reconciliation with Heaven and with Thomas à Becket. +[FN [h] Heming, p. 501.] + +William, King of Scots, though repulsed before the castle of Prudhow, +and other fortified places, had committed the most horrible +depredations upon the northern provinces: but on the approach of Ralph +de Glanville, the famous justiciary, seconded by Bernard de Baliol, +Robert de Stuteville, Odonel de Umfreville, William de Vesci, and +other northern barons, together with the gallant Bishop of Lincoln, he +thought proper to retreat nearer his own country, and he fixed his +camp at Alnwick. He had here weakened his army extremely, by sending +out numerous detachments in order to extend his ravages; and he lay +absolutely safe, as he imagined, from any attack of the enemy. But +Glanville, informed of his situation, made a hasty and fatiguing march +to Newcastle; and, allowing his soldiers only a small interval for +refreshment, he immediately set out towards evening for Alnwick. [MN +13th July.] He marched that night above thirty miles; arrived in the +morning, under cover of a mist, near the Scottish camp; and regardless +of the great numbers of the enemy, he began the attack with his small +but determined body of cavalry. William was living in such supine +security that he took the English, at first, for a body of his own +ravagers, who were returning to the camp; but the sight of their +banners convincing him of his mistake, he entered on the action with +no greater body than a hundred horse in confidence that the numerous +army which surrounded him would soon hasten to his relief. [MN +William, King of Scotlamd, defeated and taken prisoner.] He was +dismounted on the first shock, and taken prisoner; while his troops, +hearing of this disaster, fled on all sides with the utmost +precipitation. The dispersed ravagers made the best of their way to +their own country; and discord arising among them, they proceeded even +to mutual hostilities, and suffered more from each other's sword than +from that of the enemy. + +This great and important victory proved at last decisive in favour of +Henry, and entirely broke the spirit of the English rebels. The +Bishop of Durham, who was preparing to revolt, made his submissions; +Hugh Bigod, though he had received a strong reinforcement of Flemings, +was obliged to surrender all his castles, and throw himself on the +king's mercy; no better resource was left to the Earl of Ferrars and +Roger de Mowbray; the inferior rebels imitating the example, all +England was restored to tranquillity in a few weeks; and as the king +appeared to lie under the immediate protection of Heaven, it was +deemed impious any longer to resist him. The clergy exalted anew the +merits and powerful intercession of Becket; and Henry, instead of +opposing this superstition, plumed himself on the new friendship of +the saint, and propagated an opinion which was so favourable to his +interests [i]. +[FN [i] Hoveden, p. 539.] + +Prince Henry, who was ready to embark at Gravelines, with the Earl of +Flanders and a great army, hearing that his partisans in England were +suppressed, abandoned all thoughts of the enterprise, and joined the +camp of Lewis, who, during the absence of the king, had made an +irruption into Normandy, and had laid siege to Rouen [k]. The place +was defended with great vigour by the inhabitants [l]; and Lewis, +despairing of success by open force, tried to gain the town by a +stratagem, which, in that superstitious age, was deemed not very +honourable. He proclaimed in his own camp a cessation of arms, on +pretence of celebrating the festival of St. Laurence; and when the +citizens, supposing themselves in safety, were so imprudent as to +remit their guard, he proposed to take advantage of their security. +Happily, some priests had, from mere curiosity, mounted a steeple +where the alarm-bell hung; and, observing the French camp in motion, +they immediately rang the bell, and gave warning to the inhabitants, +who ran to their several stations. The French who, on hearing the +alarm, hurried to the assault, had already mounted the walls in +several places; but being repulsed by the enraged citizens, were +obliged to retreat with considerable loss [m]. Next day, Henry, who +had hastened to the defence of his Norman dominions, passed over the +bridge in triumph, and entered Rouen in sight of the French army. The +city was now in absolute safety; and the king, in order to brave the +French monarch, commanded the gates, which had been walled up, to be +opened; and he prepared to push his advantages against the enemy. +Lewis saved himself from this perilous situation by a new piece of +deceit, not so justifiable. He proposed a conference for adjusting +the terms of a general peace, which he knew would be greedily embraced +by Henry; and while the king of England trusted to the execution of +his promise, he made a retreat with his army into France. +[FN [k] Brompton, p. 1096. [l] Diceto, p. 578. [m] Brompton, p. +1096. Neubrig. p. 411. Heming, p. 503.] + +There was, however, a necessity on both sides for an accommodation. +Henry could no longer bear to see his three sons in the hands of his +enemy; and Lewis dreaded lest this great monarch, victorious in all +quarters, crowned with glory, and absolute master of his dominions +might take revenge for the many dangers and disquietudes which the +arms, and still more the intrigues of France had, in his disputes both +with Becket and his sons, found means to raise him. After making a +cessation of arms, a conference was agreed on near Tours; where Henry +granted his sons much less advantageous terms than he had formerly +offered, and he received their submissions. [MN The king's +accommodation with his sons.] The most material of his concessions +were some pensions which he stipulated to pay them, and some castles +which he granted them for the place of their residence; together with +an indemnity for all their adherents, who were restored to their +estates and honours [n]. +[FN [n] Rymer, vol. i. p. 35. Bened. Abb. p. 88. Hoveden, p. 540. +Diceto, p. 584. Brompton, p. 1098. Heming. p. 505. Chron. Dunst. p. +36.] + +Of all those who had embraced the cause of the young princes, William, +King of Scotland, was the only considerable loser by that invidious +and unjust enterprise. Henry delivered from confinement, without +exacting any ransom, about nine hundred knights whom he had taken +prisoners; but it cost William the ancient independency of his crown +as the price of his liberty. He stipulated to do homage to Henry for +Scotland, and all his other possessions; he engaged that all the +barons and nobility of his kingdom should also do homage; that the +bishops should take an oath of fealty; that both should swear to +adhere to the King of England against their native prince, if the +latter should break his engagements; and that the fortresses of +Edinburgh, Stirling, Berwick, Roxburgh, and Jedburgh, should be +delivered into Henry's hands, till the performance of articles [o]. +[MN 1175. 10th Aug.] This severe and humiliating treaty was excuted +in its full rigour. William, being released, brought up all his +barons, prelates, and abbots; and they did homage to Henry in the +cathedral of York, and acknowledged him and his successors for their +superior lord [p]. The English monarch stretched still farther the +rigour of the conditions which he exacted. He engaged the king and +states of Scotland to make a perpetual cession of the fortresses of +Berwick and Roxburgh, and to allow the castle of Edinburgh to remain +in his hands for a limited time. This was the first great ascendancy +which England obtained over Scotland; and indeed the first important +transaction which had passed between the kingdoms. Few princes have +been so fortunate as to gain considerable advantages over their weaker +neighbours with less violence and injustice than was practised by +Henry against the King of Scots, whom he had taken prisoner in battle, +and who had wantonly engaged in a war, in which all the neighbours of +that prince, and even his own family, were, without provocation, +combined against him [q]. +[FN [o] M. Paris, p. 91. Chron. Dunst. p. 36. Hoveden, p. 545. M. +West. p. 251. Diceto, p. 584. Brompton, p. 1103. Rymer, vol. i. p. +39. Liber Niger Scaccarii, p. 36. [p] Bened. Abb. p. 113. [q] Some +Scotch historians pretend that William paid, besides, 100,000 pounds +of ransom, which is quite incredible. The ransom of Richard I., who, +besides England, possessed so many rich territories in France, was +only 150,000 marks, and yet was levied with great difficulty. Indeed, +two-thirds of it only could he paid before his deliverance.] + +[MN 1175. King’s equitable administration.] +Henry having thus, contrary to expectation, extricated himself with +honour from a situation in which his throne was exposed to great +danger, was employed for several years in the administration of +justice, in the execution of the laws, and in guarding against those +inconveniences, which either the past convulsions of his state, or the +political institutions of that age, unavoidably occasioned. The +provisions which he made show such largeness of thought as qualified +him for being a legislator; and they were commonly calculated as well +for the future as the present happiness of his kingdom. + +[MN 1176.] He enacted severe penalties against robbery, murder, false +coining, arson; and ordained that these crimes should be punished by +the amputation of the right hand and right foot [r]. The pecuniary +commutation for crimes which has a false appearance of lenity, had +been gradually disused, and seems to have been entirely abolished by +the rigour of these statutes. The superstitious trial by water +ordeal, though condemned by the church [s], still subsisted; but Henry +ordained, that any man accused of murder, or any heinous felony, by +the oath of the legal knights of the county, should, even though +acquitted by the ordeal, be obliged to abjure the realm [t]. +[FN [r] Bened. Abb. p. 132. Hoveden, p. 549. [s] Seld. Spicileg. ad +Eadm. p. 204. [t] Bened. Abb. p. 132.] + +All advances towards reason and good sense are slow and gradual. +Henry, though sensible of the great absurdity attending the trial by +duel or battle, did not venture to abolish it: he only admitted either +of the parties to challenge a trial by an assize or jury of twelve +freeholders [u]. This latter method of trial seems to have been very +ancient in England, and was fixed by the laws of King Alfred: but the +barbarous and violent genius of the age had of late given more credit +to the trial by battle, which had become the general method of +deciding all important controversies. It was never abolished by law +in England; and there is an instance of it so late as the reign of +Elizabeth; but the institution revived by this king, being found more +reasonable and more suitable to a civilized people, gradually +prevailed over it. +[FN [u] Glanv. lib. 2. cap. 7.] + +The partition of England into four divisions, and the appointment of +itinerant justices to go the circuit in each division, and to decide +the causes in the counties, was another important ordinance of this +prince, which had a direct tendency to curb the oppressive barons, and +to protect the inferior gentry and common people in their property +[w]. Those justices were either prelates or considerable noblemen; +who, besides carrying the authority of the king's commission, were +able, by the dignity of their own character, to give weight and credit +to the laws. +[FN [w] Hoveden, p. 590.] + +That there might be fewer obstacles to the execution of justice, the +king was vigilant in demolishing all the new-erected castles of the +nobility, in England as well as in his foreign dominions; and he +permitted no fortress to remain in the custody of those whom he found +reason to suspect [x]. +[FN [x] Benedict. Abbas, p. 202. Diceto, p. 585.] + +But lest the kingdom should be weakened by this demolition of the +fortresses, the king fixed an assize of arms, by which all his +subjects were obliged to put themselves in a situation for defending +themselves and the realm. Every man possessed of a knight's fee was +ordained to have for each fee a coat of mail, a helmet, a shield, and +a lance; every free layman, possessed of goods to the value of sixteen +marks, was to be armed in like manner; every one that possessed ten +marks was obliged to have an iron gorget, a cap of iron, and a lance; +all burgesses were to have a cap of iron, a lance, and a wambais; that +is, a coat quilted with wool, tow, or such like materials [y]. It +appears that archery, for which the English were afterwards so +renowned, had not, at this time, become very common among them. The +spear was the chief weapon employed in battle. +[FN [y] Bened. Abb. p. 305 Annal. Waverl. p. 161.] + +The clergy and the laity were, during that age, in a strange situation +with regard to each other, and such as may seem totally incompatible +with a civilized, and, indeed, with any species of government. If a +clergyman were guilty of murder, he could be punished by degradation +only: if he were murdered, the murderer was exposed to nothing but +excommunication and ecclesiastical censures; and the crime was atoned +for by penances and submission [z]. Hence the assassins of Thomas à +Becket himself, though guilty of the most atrocious wickedness, and +the most repugnant to the sentiments of that age, lived securely in +their own houses, without being called to account by Henry himself, +who was so much concerned, both in honour and interest, to punish that +crime, and who professed, or affected on all occasions, the most +extreme abhorrence of it. It was not till they found their presence +shunned by every one as excommunicated persons that they were induced +to take a journey to Rome, to throw themselves at the feet of the +pontiff, and to submit to the penances imposed upon them: after which +they continued to possess, without molestation, their honours and +fortunes, and seemed even to have recovered the countenance and good +opinion of the public. But as the king, by the constitutions of +Clarendon, which he endeavoured still to maintain [a], had subjected +the clergy to a trial by the civil magistrate, it seemed but just to +give them the protection of that power to which they owed obedience; +it was enacted, that the murderers of clergymen should be tried before +the justiciary, in the presence of the bishop or his official; and +besides the usual punishment for murder, should be subjected to a +forfeiture of their estates, and a confiscation of their goods and +chattels [b]. +[FN [z] Petri Blessen. epist. 73. apud Bibl. Patr. tom. xxiv. p. 992. +[a] Chron. Gervase, p. 1433. [b] Diceto, p. 592. Chron. Gervase, +1433.] + +The king passed an equitable law, that the goods of a vassal should +not be seized for the debt of his lord, unless the vassal be surety +for the debt; and that the rents of vassals should be paid to the +creditors of the lord, not to the lord himself. It is remarkable that +this law was enacted by the king in a council which he held at +Verneuil, and which consisted of some prelates and barons of England, +as well as some of Normandy, Poictou, Anjou, Maine, Touraine, and +Britany; and the statute took place in all these last-mentioned +territories [c], though totally unconnected with each other [d]; a +certain proof how irregular the ancient feudal government was, and how +near the sovereigns, in some instances, approached to despotism, +though in others they seemed scarcely to possess any authority. If a +prince, much dreaded and revered, like Henry, obtained but the +appearance of general consent to an ordinance which was equitable and +just, it became immediately an established law, and all his subjects +acquiesced in it. If the prince was hated or despised; if the nobles +who supported him had small influence; if the humours of the times +disposed the people to question the justice of his ordinance; the +fullest and most authentic assembly had no authority. Thus all was +confusion and disorder; no regular idea of a constitution; force and +violence decided every thing. +[FN [c] Bened. Abb. p. 248. It was usual for the kings of England, +after the conquest of Ireland, to summon barons and members of that +country to the English Parliament. Mollineux's case of Ireland, p. +64, 65, 66. [d] Spellman even doubts whether the law were not also +extended to England. If it were not, it could only be because Henry +did not choose it; for his authority was greater in that kingdom than +in his transmarine dominions.] + +The success which had attended Henry in his wars did not much +encourage his neighbours to form any attempt against him; and his +transactions with them during several years, contain little memorable. +Scotland remained in that state of feudal subjection to which he had +reduced it, and gave him no farther inquietude. He sent over his +fourth son, John, into Ireland, with a view of making a more complete +conquest of the island; but the petulance and incapacity of this +prince, by which he enraged the Irish chieftains, obliged the king +soon after to recall him [e]. The King of France had fallen into an +abject superstition; and was induced, by a devotion more sincere than +that of Henry, to make a pilgrimage to the tomb of Becket, in order to +obtain his intercession for the cure of Philip, his eldest son. He +probably thought himself well entitled to the favour of that saint on +account of their ancient intimacy; and hoped that Becket, whom he had +protected while on earth, would not now, when he was so highly exalted +in heaven, forgot his old friend and benefactor. The monks, sensible +that their saint's honour was concerned in the case, failed not to +publish that Lewis's prayers were answered, and that the young prince +was restored to health by Becket's intercession. That king himself +was soon after struck with an apoplexy, which deprived him of his +understanding: Philip, though a youth of fifteen, took on him the +administration, till his father's death, which happened soon after, +opened his way to the throne; and he proved the ablest and greatest +monarch that had governed that kingdom since the age of Charlemagne. +The superior years, however, and experience of Henry, while they +moderated his ambition, gave him such an ascendant over this prince, +that no dangerous rivalship, for a long time, arose between them. [MN +1180.] The English monarch, instead of taking advantage of his own +situation, rather employed his good offices in composing the quarrels +which arose in the royal family of France; and he was successful in +mediating a reconciliation between Philip and his mother and uncles. +These services were but ill requited by Philip, who, when he came to +man's estate, fomented all the domestic discords in the royal family +of England, and encouraged Henry's sons in their ungrateful and +undutiful behaviour towards him. +[FN [e] Bened. Abb. p. 437, &c.] + +Prince Henry, equally impatient of obtaining power, and incapable of +using it, renewed to the king the demand of his resigning Normandy; +and on meeting with a refusal, he fled with his consort to the court +of France: but not finding Philip at that time disposed to enter into +war for his sake, he accepted of his father's offers of +reconciliation, and made him submissions. It was a cruel circumstance +in the king's fortune, that he could hope for no tranquillity from the +criminal enterprises of his sons but by their mutual discord and +animosities, which disturbed his family, and threw his state into +convulsions. Richard, whom he had made master of Guienne, and who had +displayed his valour and military genius by suppressing the revolts of +his mutinous barons, refused to obey Henry's orders, in doing homage +to his elder brother for that duchy, and he defended himself against +young Henry and Geoffrey, who, uniting their arms, carried war into +his territories [f]. The king, with some difficulty, composed this +difference; but immediately found his eldest son engaged in +conspiracies, and ready to take arms against himself. While the young +prince was conducting these criminal intrigues, he was seized with a +fever at Martel, [MN 1183.] a castle near Turenne, to which he had +retired in discontent; and seeing the approaches of death, he was at +last struck with remorse for his undutiful behaviour towards his +father. He sent a message to the king, who was not far distant; +expressed his contrition for his faults; and entreated the favour of a +visit, that he might at least die with the satisfaction of having +obtained his forgiveness. Henry, who had so often experienced the +prince's ingratitude and violence, apprehended that his sickness was +entirely feigned, and he durst not intrust himself into his son's +hands: but when he soon after received intelligence of young Henry's +death, [MN 11th June. Death of young Henry.] and the proofs of his +sincere repentance, this good prince was affected with the deepest +sorrow; he thrice fainted away; he accused his own hard-heartedness in +refusing the dying request of his son; and he lamented that he had +deprived that prince of the last opportunity of making atonement for +his offences, and of pouring out his soul in the bosom of his +reconciled father [s]. This prince died in the twenty-eighth year of +his age. +[FN [f] Ypod. Neust. p. 451. Bened. Abb. p. 383. Diceto, p. 617. +[g] Bened. Abb. p. 393. Hoveden, p. 621. Trivet, vol. i. p. 84.] + +The behaviour of his surviving children did not tend to give the king +any consolation for the loss. As Prince Henry had left no posterity, +Richard was become heir to all his dominions; and the king intended +that John, his third surviving son and favourite, should inherit +Guienne as his appanage; but Richard refused his consent, fled into +that duchy, and even made preparations for carrying on war, as well +against his father as against his brother Geoffrey, who was now put in +possession of Britany. Henry sent for Eleanor his queen, the heiress +of Guienne, and required Richard to deliver up to her the dominion of +these territories; which the prince, either dreading an insurrection +of the Gascons in her favour, or retaining some sense of duty towards +her, readily performed; and he peaceably returned to his father's +court. No sooner was this quarrel accommodated, than Geoffrey, the +most vicious perhaps of all Henry's unhappy family, broke out into +violence; demanded Anjou to be annexed to his dominions of Britany; +and on meeting with a refusal, fled to the court of France, and levied +forces against his father [h]. [MN 1185.] Henry was freed from this +danger by his son's death, who was killed in a tournament at Paris +[i]. The widow of Geoffrey, soon after his decease, was delivered of +a son, who received the name of Arthur, and was invested in the duchy +of Britany, under the guardianship of his grandfather, who, as Duke of +Normandy, was also superior lord of that territory. Philip, as lord +paramount, disputed some time his title to this wardship; but was +obliged to yield to the inclinations of the Bretons, who preferred the +government of Henry. +[FN [h] Neubrig. p. 422. [i] Bened. Abb. p. 451 Chron. Gervase, p. +1480.] + +[MN Crusades.] +But the rivalship between these potent princes, and all their inferior +interests, seemed now to have given place to the general passion for +the relief of the Holy Land, and the expulsion of the Saracens. Those +infidels, though obliged to yield to the immense inundation of +Christians in the first crusade, had recovered courage after the +torrent was past; and attacking on all quarters the settlements of the +Europeans, had reduced these adventurers to great difficulties, and +obliged them to apply again for succours from the West. A second +crusade, under the Emperor Conrade and Lewis VII., King of France, in +which there perished above two hundred thousand men, brought them but +a temporary relief; and those princes, after losing such immense +armies, and seeing the flower of their nobility fall by their side, +returned with little honour into Europe. But these repeated +misfortunes, which drained the western world of its people and +treasure, were not yet sufficient to cure men of their passion for +those spiritual adventures; and a new incident rekindled with fresh +fury the zeal of the ecclesiastics and military adventurers among the +Latin Christians. Saladin, a prince of great generosity, bravery, and +conduct, having fixed himself on the throne of Egypt, began to extend +his conquests over the East; and finding the settlement of the +Christians in Palestine an invincible obstacle to the progress of his +arms, he bent the whole force of his policy and valour to subdue that +small and barren, but important territory. Taking advantage of +dissensions which prevailed among the champions of the cross, and +having secretly gained the Count of Tripoli, who commanded their +armies, he invaded the frontiers with a mighty power; and, aided by +the treachery of that count, gained over them at Tiberiade a complete +victory, which utterly annihilated the force of the already +languishing kingdom of Jerusalem. The holy city itself fell into his +hands, after a feeble resistance; the kingdom of Antioch was almost +entirely subdued; and except some maritime towns, nothing considerable +remained of those boasted conquests, which, near a century before, it +had cost the efforts of all Europe to acquire [k]. +[FN [k] M. Paris, p. 100.] + +[MN 1187.] The western Christians were astonished on receiving this +dismal intelligence. Pope Urban III, it is pretended, died of grief, +and his successor, Gregory VIII., employed the whole time of his short +pontificate in rousing to arms all the Christians who acknowledged his +authority. The general cry was, that they were unworthy of enjoying +any inheritance in heaven, who did not vindicate from the dominion of +the infidel the inheritance of God on earth, and deliver from slavery +that country which had been consecrated by the footsteps of their +Redeemer. [MN 1188. 21st Jan.] William, Archbishop of Tyre, having +procured a conference between Henry and Philip near Gisors, enforced +all these topics; gave a pathetic description of the miserable state +of the eastern Christians, and employed every argument to excite the +ruling passions of the age, superstition and jealousy of military +honour [l]. The two monarchs immediately took the cross; many of +their most considerable vassals imitated the example [m]; and as the +Emperor Frederick I. entered into the same confederacy, some +well-grounded hopes of success were entertained; and men flattered +themselves that an enterprise which had failed under the conduct of +many independent leaders, or of impruddent princes, might, at last, by +the efforts of such potent and able monarchs, be brought to a happy +issue. +[FN [l] Bened. Abb. p. 531. [m] Neubrig. p. 435. Heming, p. 512.] + +The kings of France and England imposed a tax, amounting to the tenth +of all moveable goods on such as remained at home [n]; but as they +exempted from this burden most of the regular clergy, the secular +aspired to the same immunity; pretended that their duty obliged them +to assist the crusade with their prayers alone; and it was with some +difficulty they were constrained to desist from an opposition, which +in them who had been the chief promoters of those pious enterprises, +appeared with the worst grace imaginable [o]. This backwardness of +the clergy is perhaps a symptom, that the enthusiastic ardour which +had at first seized the people for crusades, was now by time and ill +success considerably abated; and that the frenzy was chiefly supported +by the military genius and love of glory in the monarchs. +[FN [n] Bened. Abb. p. 498. [o] Petri Blessen. epist. 112.] + +But before this great machine could be put in motion, there were still +many obstacles to surmount. Philip, jealous of Henry's power, entered +into a private confederacy with young Richard; and, working on his +ambitious and impatient temper, persuaded him, instead of supporting +and aggrandizing that monarchy which he was one day to inherit, to +seek present power and independence by disturbing and dismembering it. +[MN 1189. Revolt of Prince Richard.] In order to give a pretence for +hostilities between the two kings, Richard broke into the territories +of Raymond, Count of Toulouse, who immediately carried complaints of +this violence before the King of France as his superior lord. Philip +remonstrated with Henry; but received for answer, that Richard had +confessed to the Archbishop of Dublin, that his enterprise against +Raymond had been undertaken by the approbation of Philip himself, and +was conducted by his authority. The King of France, who might have +been covered with shame and confusion by this detection, still +prosecuted his design, and invaded the provinces of Berri and +Auvergne, under colour of revenging the quarrel of the Count of +Toulouse [p]. Henry retaliated by making inroads upon the frontiers +of France, and burning Dreux. As this war, which destroyed all hopes +of success in the projected crusade, gave great scandal, the two kings +held a conference at the accustomed place between Gisors and Trie, in +order to find means of accommodating their differences: they separated +on worse terms than before; and Philip, to show his disgust, ordered a +great elm, under which the conferences had been usually held, to be +cut down [q]; as if he had renounced all desire of accommodation, and +was determined to carry the war to extremities against the King of +England. But his own vassals refused to serve under him in so +invidious a cause [r]; and he was obliged to come anew to a conference +with Henry, and to offer terms of peace. These terms were such as +entirely opened the eyes of the King of England, and fully convinced +him of the perfidy of his son, and his secret alliance with Philip, of +which he had before only entertained some suspicion. The King of +France required that Richard should be crowned King of England in the +lifetime of his father, should be invested in all his transmarine +dominions, and should immediately espouse Alice, Philip's sister, to +whom he had formerly been affianced, and who had already been +conducted into England [s]. Henry had experienced such fatal effects +both from the crowning of his eldest son, and from that prince's +alliance with the royal family of France, that he rejected these +terms; and Richard, in consequence of his secret agreement with +Philip, immediately revolted from him [t], did homage to the King of +France for all the dominions which Henry held of that crown, and +received the investitures as if he had already been the lawful +possessor. Several historians assert, that Henry himself had become +enamoured of young Alice and mention this as an additional reason for +his refusing these conditions: but he had so many other just and +equitable motives for his conduct, that it is superfluous to assign a +cause, which the great prudence and advanced age of that monarch +rendered somewhat improbable. +[FN [p] Bened. Abb. p. 508. [q] Bened. Abb. p. 517, 532. [r] Ibid. +p. 519. [s] Ibid. p. 521. Hoveden, p. 652. [t] Brompton, p. 114. +Neubrig. p. 437.] + +Cardinal Albano, the pope's legate, displeased with these increasing +obstacles to the crusade, excommunicated Richard, as the chief spring +of discord: but the sentence of excommunication, which, when it was +properly prepared, and was zealously supported by the clergy, had +often great influence in that age, proved entirely ineffectual in the +present case. The chief barons of Poictou, Guienne, Normandy, and +Anjou, being attached to the young prince, and finding that he had now +received the investiture from their superior lord, declared for him, +and made inroads into the territories of such as still adhered to the +king. Henry, disquieted by the daily revolts of his mutinous +subjects, and dreading still worse effects from their turbulent +disposition, had again recourse to papal authority; and engaged the +Cardinal Anagni, who had succeeded Albano in the legateship, to +threaten Philip with laying an interdict on all his dominions. But +Philip, who was a prince of great vigour and capacity, despised the +menace, and told Anagni, that it belonged not to the pope to interpose +in the temporal disputes of princes, much less in those between him +and his rebellious vassal. He even proceeded so far as to reproach +him with partiality, and with receiving bribes from the king of +England [u]; while Richard, still more outrageous, offered to draw his +sword against the legate, and was hindered by the interposition alone +of the company from committing violence upon him [w]. +[FN [u] M. Paris, p. 104. Bened. Abb. p. 542. Hoveden, p. 652. [w] +M. Paris, p. 104.] + +The King of England was now obliged to defend his dominions by arms, +and to engage in a war with France, and with his eldest son, a prince +of great valour, on such disadvantageous terms. Ferté-Barnard fell +first into the hands of the enemy: Mans was next taken by assault; and +Henry, who had thrown himself into that place, escaped with some +difficulty [x]: Amboise, Chaumont, and Chateau de Loire, opened their +gates on the appearance of Philip and Richard: Tours was menaced; and +the king, who had retired to Saumur, and had daily instances of the +cowardice or infidelity of his governors, expected the most dismal +issue to all his enterprises. While he was in this state of +despondency, the Duke of Burgundy, the Earl of Flanders, and the +Archbishop of Rheims, interposed with their good offices; and the +intelligence which he received of the taking of Tours, and which made +him fully sensible of the desperate situation of his affairs, so +subdued his spirit that he submitted to all the rigorous terms which +were imposed upon him. He agreed that Richard should marry the +Princess Alice; that that prince should receive the homage and oath of +fealty of all his subjects both in England and his transmarine +dominions; that he himself should pay twenty thousand marks to the +King of France as a compensation for the charges of the war; that his +own barons should engage to make him observe this treaty by force, and +in case of his violating it, should promise to join Philip and Richard +against him; and that all his vassals who had entered into confederacy +with Richard, should receive an indemnity for the offence [y]. +[FN [x] Ibid. p. 105. Bened. Abb. p. 543. Hoveden, p. 653. [y] M. +Paris, p. 106. Bened. Abb. p. 545. Hoveden, p. 653.] + +But the mortification which Henry, who had been accustomed to give the +law in most treaties, received from these disadvantageous terms, was +the least that he met with on this occasion. When he demanded a list +of those barons, to whom he was bound to grant a pardon for their +connexions with Richard, he was astonished to find at the head of them +the name of his second son John [z]; who had always been his +favourite, whose interests he had ever anxiously at heart, and who had +even, on account of his ascendant over him, often excited the jealousy +of Richard [a]. The unhappy father, already overloaded with cares and +sorrows, finding this last disappointment in his domestic tenderness, +broke out into expressions of the utmost despair, cursed the day in +which he received his miserable being, and bestowed on his ungrateful +and undutiful children a malediction which he never could be prevailed +on to retract [b]. The more his heart was disposed to friendship and +affection, the more he resented the barbarous return which his four +sons had successively made to his parental care; and this finishing +blow, by depriving him of every comfort in life, quite broke his +spirit and threw him into a lingering fever, of which he expired at +the Castle of Chinon, near Saumur. [MN 1189. 6th July. Death,] His +natural son Geoffrey, who alone had behaved dutifully towards him, +attended his corpse to the nunnery of Fontevrault; where it lay in +state in the abbey church. Next day Richard, who came to visit the +dead body of his father, and who, notwithstanding his criminal +conduct, was not wholly destitute of generosity, was struck with +horror and remorse at the sight; and as the attendants observed, that, +at that very instant, blood gushed from the mouth and nostrils of the +corpse [c], he exclaimed, agreeably to a vulgar superstition, that he +was his father's murderer; and he expressed a deep sense, though too +late, of that undutiful behaviour which had brought his parent to an +untimely grave [d]. +[FN [z] Hoveden. p. 654. [a] Bened. Abb. p. 541. [b] Hoveden, p. +654. [c] Bened. Abb. p. 547. Brompton, p. 1151. [d] M. Paris, p. +107.] + +[MN and character of Henry.] Thus died, in the fifty-eighth year of +his age, and thirty-fifth of his reign, the greatest prince of his +time, for wisdom, virtue, and abilities, and the most powerful in +extent of dominion of all those that had ever filled the throne of +England. His character, in private as well as in public life, is +almost without a blemish; and he seems to have possessed every +accomplishment, both of body and mind, which makes a man either +estimable or amiable. He was of a middle stature, strong and well +proportioned; his countenance was lively and engaging; his +conversation affable and entertaining; his elocution easy, persuasive, +and ever at command. He loved peace, but possessed both bravery and +conduct in war; was provident without timidity; severe in the +execution of justice without rigour; and temperate without austerity. +He preserved health, and kept himself from corpulency, to which he was +somewhat inclined, by an abstemious diet and by frequent exercise, +particularly hunting. When he could enjoy leisure, he recreated +himself either in learned conversation or in reading; and he +cultivated his natural talents by study, above any prince of his time. +His affections, as well as his enmities, were warm and durable; and +his long experience of the ingratitude and infidelity of men never +destroyed the natural sensibility of his temper, which disposed him to +friendship and society. His character has been transmitted to us by +several writers who were his contemporaries [e]; and it extremely +resembles, in its most remarkable features, that of his maternal +grandfather Henry I.: excepting only that ambition, which was a ruling +passion in both, found not in the first Henry such unexceptionable +means of exerting itself, and pushed that prince into measures which +were both criminal in themselves, and were the cause of farther +crimes, from which his grandson’s conduct was happily exempted. +[FN [e] Petri Bles. epist. 46, 47. in Bibliotheca Patrum, vol. xxiv. +p. 985, 986, &c. Girald. Camb. p. 783, &c.] + +[MN Miscellaneous transactions of this reign.] +This prince, like most of his predecessors of the Norman line, except +Stephen, passed more of his time on the continent than in this island: +he was surrounded with the English gentry and nobility, when abroad: +the French gentry and nobility attended him when he resided in +England: both nations acted in the government as if they were the same +people: and, on many occasions, the legislatures seem not to have been +distinguished. As the king and all the English barons were of French +extraction, the manners of that people acquired the ascendant, and +were regarded as the models of imitation. All foreign improvements, +therefore, such as they were, in literature and politeness, in laws +and arts, seem now to have been, in a good measure, transplanted into +England; and that kingdom was become little inferior, in all the +fashionable accomplishments, to any of its neighbours on the +continent. The more homely but more sensible manners and principles +of the Saxons were exchanged for the affectations of chivalry, and the +subtleties of school philosophy: the feudal ideas of civil government, +the Romish sentiments in religion, had taken entire possession of the +people: by the former, the sense of submission towards princes was +somewhat diminished in the barons; by the latter the devoted +attachment to papal authority was much augmented among the clergy. +The Norman and other foreign families established in England had now +struck deep root; and being entirely incorporated with the people, +whom at first they oppressed and despised, they no longer thought that +they needed protection of the crown for the enjoyment of their +possessions, or considered their tenure as precarious. They aspired +to the same liberty and independence which they saw enjoyed by their +brethren on the continent, and desired to restrain those exorbitant +prerogatives and arbitrary practices, which the necessities of war and +the violence of conquest had at first obliged them to indulge in their +monarch. That memory also of a more equal government under the Saxon +princes, which remained with the English, diffused still farther the +spirit of liberty, and made the barons both desirous of more +independence to themselves, and willing to indulge it to the people. +And it was not long ere this secret revolution in the sentiments of +men produced, first violent convulsions in the state, then an evident +alteration in the maxims of government. + +The history of all the preceding Kings of England since the Conquest +gives evident proofs of the disorders attending the feudal +institutions; the licentiousness of the barons, their spirit of +rebellion against the prince and laws, and of animosity against each +other: the conduct of the barons in the transmarine dominions of those +monarchs afforded perhaps still more flagrant instances of these +convulsions; and the history of France, during several ages, consists +almost entirely of narrations of this nature. The cities, during the +continuance of this violent government, could neither be very numerous +nor populous; and there occur instances which seem to evince, that +though these are always the first seat of law and liberty, their +police was in general loose and irregular, and exposed to the same +disorders with those by which the country was generally infested. It +was a custom in London for great numbers, to the amount of a hundred +or more, the sons and relations of considerable citizens, to form +themselves into a licentious confederacy, to break into rich houses +and plunder them, to rob and murder the passengers, and to commit with +impunity all sorts of disorder. By these crimes, it had become so +dangerous to walk the streets by night, that the citizens durst no +more venture abroad after sunset than if they had been exposed to the +incursions of a public enemy. The brother of the Earl of Ferrars had +been murdered by some of those nocturnal rioters; and the death of so +eminent a person, which was much more regarded than that of many +thousands of an inferior station, so provoked the king, that he swore +vengeance against the criminals and became thenceforth more rigorous +in the execution of the laws [f]. +[FN [f] Bened. Abb. p. 196.] + +There is another instance given by historians, which proves to what a +height such riots had proceeded, and how open these criminals were in +committing their robberies. A band of them had attacked the house of +a rich citizen, with an intention of plundering it; had broken through +a stone wall with hammers and wedges; and had already entered the +house sword in hand; when the citizen armed cap-a-pie, and supported +by his faithful servants, appeared in the passage to oppose them; he +cut off the right hand of the first robber that entered; and made such +stout resistance, that his neighbours had leisure to assemble, and +come to his relief. The man who lost his hand was taken; and was +tempted by the promise of pardon to reveal his confederates; among +whom was one John Senex, esteemed among the richest and best-born +citizens in London. He was convicted by the ordeal; and though he +offered five hundred marks for his life, the king refused the money, +and ordered him to be hanged [g]. It appears from a statute of Edward +I. that these disorders were not remedied even in that reign. It was +then made penal to go out at night after the hour of the curfew, to +carry a weapon, or to walk without a light or lantern [h]. It is said +in the preamble to this law, that, both by night and by day, there +were continual frays in the streets of London. +[FN [g] Ibid. p. 197, 198. [h] Observations on the ancient Statutes, +p. 216.] + +Henry's care in administering justice had gained him so great a +reputation, that even foreign and distant princes made him arbiter, +and submitted their differences to his judgment. Sanchez, King of +Navarre, having some controversies with Alphonso, King of Castile, was +contented, though Alphonso had married the daughter of Henry, to +choose this prince for a referee; and they agreed each of them to +consign three castles into neutral hands as a pledge of their not +departing from his award. Henry made the cause be examined before +his great council, and gave a sentence, which was submitted to by both +parties. These two Spanish kings sent each a stout champion to the +court of England, in order to defend his cause by arms, in case the +way of duel had been chosen by Henry [i]. +[FN [i] Rymer, vol. iv. p. 43. Bened. Abb. p. 172. Diceto, p. 597. +Brompton, p. 1120.] + +Henry so far abolished the barbarous and absurd practice of +confiscating ships which had been wrecked on the coast, that he +ordained, if one man or animal were alive in the ship, that the vessel +and goods should be restored to the owners [k]. +[FN [k] Rymer, vol. i. p. 36.] + +The reign of Henry was remarkable also for an innovation which was +afterwards carried farther by his successors, and was attended with +the most important consequences. This prince was disgusted with the +species of military force which was established by the feudal +institutions, and which, though it was extremely burdensome to the +subject, yet rendered very little service to the sovereign. The +barons, or military tenants, came late into the field; they were +obliged to serve only forty days; they were unskilful and disorderly +in all their operations; and they were apt to carry into the camp the +same refractory and independent spirit, to which they were accustomed +in their civil government. Henry, therefore, introduced the practice +of making a commutation of their military service for money; and he +levied scutages from his baronies and knights' fees, instead of +requiring the personal attendance of his vassals. There is mention +made, in the History of the Exchequer, of these scutages in his +second, fifth, and eighteenth year [l]; and other writers give us an +account of three more of them [m]. When the prince had thus obtained +money, he made a contract with some of those adventurers in which +Europe at that time abounded: they found him soldiers of the same +character with themselves, who were bound to serve for a stipulated +time: the armies were less numerous, but more useful, than when +composed of all the military vassals of the crown: the feudal +institutions began to relax: the kings became rapacious for money, on +which all their power depended: the barons, seeing no end of +exactions, sought to defend their property: and as the same causes had +nearly the same effects in the different countries of Europe, the +several crowns either lost or acquired authority, according to their +different success in the contest. +[FN [l] Madox, p. 435, 436, 437, 438. [m] Tyrrel, vol. ii. p. 466, +from the records.] + +This prince was also the first that levied a tax on the moveables or +personal estates of his subjects, nobles as well as commons. Their +zeal for the holy wars made them submit to this innovation; and a +precedent being once obtained, this taxation became, in following +reigns, the usual method of supplying the necessities of the crown. +The tax of Danegelt, so generally odious to the nation, was remitted +in this reign. + +It was a usual practice of the Kings of England to repeat the ceremony +of their coronation thrice every year, on assembling the states at the +three great festivals. Henry, after the first years of his reign, +never renewed this ceremony, which was found to be very expensive and +very useless. None of his successors revived it. It is considered as +a great act of grace in this prince, that he mitigated the rigour of +the forest laws, and punished any transgressions of them, not +capitally, but by fines, imprisonments, and other more moderate +penalties. + +Since we are here collecting some detached incidents which show the +genius of the age, and which could not so well enter into the body of +our history, it may not be improper to mention the quarrel between +Roger, Archbishop of York, and Richard, Archbishop of Canterbury. We +may judge of the violence of military men and laymen, when +ecclesiastics could proceed to such extremities. Cardinal Haguezun +being sent, in 1176, as legate into Britain, summoned an assembly of +the clergy at London; and as both the archbishops pretended to sit on +his right hand, this question of precedency begat a controversy +between them. The monks and retainers of Archbishop Richard fell upon +Roger, in the presence of the cardinal and of the synod, threw him to +the ground, trampled him under foot, and so bruised him with blows +that he was taken up half dead, and his life was with difficulty saved +from their violence. The Archbishop of Canterbury was obliged to pay +a large sum of money to the legate, in order to suppress all +complaints with regard to this enormity [n]. +[FN [n] Bened. Abb. p. 138, 139. Brompton, p. 1109. Chron Gerv. p. +1433. Neubrig. p. 413.] + +We are told by Giraldus Cambrensis, that the monks and prior of St. +Swithun threw themselves one day prostrate on the ground and in the +mire before Henry, complaining, with many tears and much doleful +lamentation, that the Bishop of Winchester, who was also their abbot, +had cut off three dishes from their table. How many has he left you? +said the king. Ten only, replied the disconsolate monks. I myself, +exclaimed the king, never have more than three; and I enjoin your +bishop to reduce you to the same number [o]. +[FN [o] Gir. Camb. cap. 5. in Anglia Sacra, vol. ii.] + +This king left only two legitimate sons, Richard who succeeded him, +and John who inherited no territory, though his father had often +intended to leave him a part of his extensive dominions. He was +thence commonly denominated LACKLAND. Henry left three legitimate +daughters: Maud, born in 1156, and married to Henry, Duke of Saxony; +Eleanor, born in 1162, and married to Alphonso, King of Castile; Joan, +born in 1165, and married to William, King of Sicily [p]. +[FN [p] Diceto, p. 616.] + +Henry is said by ancient historians to have been of a very amorous +disposition: they mention two of his natural sons by Rosamond, +daughter of Lord Clifford; namely, Richard Longespee, or Longsword, +(so called from the sword he usually wore,) who was afterwards married +to Ela, the daughter and heir of the Earl of Salisbury; and Geoffrey, +first Bishop of Lincoln, then Archbishop of York. All the other +circumstances of the story, commonly told of that lady, seem to be +fabulous. + + + + +CHAPTER X. + +RICHARD I. + +THE KING'S PREPARATIONS FOR THE CRUSADE.--SETS OUT ON THE CRUSADE.-- +TRANSACTIONS IN SICILY.--KING'S ARRIVAL IN PALESTINE.--STATE OF +PALESTINE.--DISORDERS IN ENGLAND.--THE KING'S HEROIC ACTIONS IN +PALESTINE.--HIS RETURN FROM PALESTINE.--CAPTIVITY IN GERMANY.--WAR +WITH FRANCE.--THE KING'S DELIVERY.--RETURN TO ENGLAND.--WAR WITH +FRANCE.--DEATH AND CHARACTER OF THE KING.--MISCELLANEOUS TRANSACTIONS +OF THIS REIGN. + + + +[MN 1189.] The compunction of Richard for his undutiful behaviour +towards his father was durable, and influenced him in the choice of +his ministers and servants after his accession. Those who had +seconded and favoured his rebellion, instead of meeting with that +trust and honour which they expected, were surprised to find that they +lay under disgrace with the new king, and were on all occasions hated +and despised by him. The faithful ministers of Henry, who had +vigorously opposed all the enterprises of his sons, were received with +open arms, and were continued in those offices which they had +honourably discharged to their former master [a]. This prudent +conduct might be the result of reflection; but in a prince like +Richard, so much guided by passion, and so little by policy, it was +commonly ascribed to a principle still more virtuous and more +honourable. +[FN [a] Hoveden, p. 655. Bened. Abb. p. 547. M. Paris, p. 107.] + +Richard, that he might make atonement to one parent for his breach of +duty to the other, immediately sent orders for releasing the queen- +dowager from the confinement in which she had long been detained; and +he intrusted her with the government of England till his arrival in +that kingdom. His bounty to his brother John was rather profuse and +imprudent. Besides bestowing on him the county of Mortaigne, in +Normandy, granting him a pension of four thousand marks a year, and +marrying him to Avisa, the daughter of the Earl of Gloucester, by whom +he inherited all the possessions of that opulent family, he increased +his appanage, which the late king had destined him, by other extensive +grants and concessions. He conferred on him the whole estate of +William Peverell, which had escheated to the crown: he put him in +possession of eight castles, with all the forests and honours annexed +to them: he delivered over to him no less than six earldoms, Cornwall, +Devon, Somerset, Nottingham, Dorset, Lancaster, and Derby. And +endeavouring by favours, to fix that vicious prince in his duty, he +put it too much in his power, whenever he pleased, to depart from it. + +[MN The king’s preparations for the crusade.] +The king, impelled more by the love of military glory than by +superstition, acted from the beginning of his reign, as if the sole +purpose of his government had been the relief of the Holy Land, and +the recovery of Jerusalem from the Saracens. This zeal against +infidels, being communicated to his subjects, broke out in London on +the day of his coronation, and made them find a crusade less +dangerous, and attended with more immediate profit. The prejudices of +the age had made the lending of money on interest pass by the +invidious name of usury; yet the necessity of the practice had still +continued it, and the greater part of that kind of dealing fell +everywhere into the hands of the Jews; who being already infamous on +account of their religion, had no honour to lose, and were apt to +exercise a profession, odious in itself, by every kind of rigour, and +even sometimes by rapine and extortion. The industry and frugality of +this people had put them in possession of all the ready money, which +the idleness and profusion, common to the English with other European +nations, enabled them to lend at exorbitant and unequal interest. The +monkish writers represent it as a great stain on the wise and +equitable government of Henry, that he had carefully protected this +infidel race from all injures and insults; but the zeal of Richard +afforded the populace a pretence for venting their animosity against +them. The king had issued an edict prohibiting their appearance at +his coronation; but some of them, bringing him large presents from +their nation, presumed, in confidence of that merit, to approach the +hall in which he dined: being discovered, they were exposed to the +insults of the bystanders; they took to flight; the people pursued +them; the rumour was spread that the king had issued orders to +massacre all the Jews; a command so agreeable was executed in an +instant on such as fell into the hands of the populace; those who had +kept at home were exposed to equal danger; the people, moved by +rapacity and zeal, broke into their houses, which they plundered, +after having murdered the owners; where the Jews barricaded their +doors, and defended themselves with vigour, the rabble set fire to the +houses, and made way through the flames to exercise their pillage and +violence; the usual licentiousness of London, which the sovereign +power with difficulty restrained, broke out with fury, and continued +these outrages; the houses of the richest citizens, though Christians, +were next attacked and plundered; and weariness and satiety at last +put an end to the disorder: yet, when the king empowered Glanville, +the justiciary, to inquire into the authors of these crimes, the guilt +was found to involve so many of the most considerable citizens, that +it was deemed more prudent to drop the prosecution; and very few +suffered the punishment due to this enormity. But the disorder +stopped not at London. The inhabitants of the other cities of +England, hearing of this slaughter of the Jews, imitated the example: +in York, five hundred of that nation, who had retired into the castle +for safety, and found themselves unable to defend the place, murdered +their own wives and children, threw the dead bodies over the walls +upon the populace, and then setting fire to the houses perished in the +flames. The gentry of the neighbourhood, who were all indebted to the +Jews, ran to the cathedral, where their bonds were kept, and made a +solemn bonfire of the papers before the altar. The compiler of the +Annals of Waverley, in relating these events, blesses the Almighty for +thus delivering over this impious race to destruction [b]. +[FN [b] Gale's Collect. vol. iii. p. 165.] + +The ancient situation of England, when the people possessed little +riches and the public no credit, made it impossible for sovereigns to +bear the expense of a steady or durable war, even on their frontiers; +much less could they find regular means for the support of distant +expeditions like those into Palestine, which were more the result of +popular frenzy than of sober reason or deliberate policy. Richard, +therefore, knew that he must carry with him all the treasure necessary +for his enterprise, and that both the remoteness of his own country +and its poverty made it unable to furnish him with those continued +supplies, which the exigencies of so perilous a war must necessarily +require. His father had left him a treasure of above a hundred +thousand marks; and the king, negligent of every consideration but his +present object, endeavoured to augment this sum by all expedients, how +pernicious soever to the public, or dangerous to royal authority. He +put to sale the revenues and manors of the crown; the offices of +greatest trust and power, even those of forester and sheriff, which +anciently were so important [c], became venal; the dignity of chief +justiciary, in whose hands was lodged the whole execution of the laws, +was sold to Hugh de Puzas, Bishop of Durham, for a thousand marks; the +same prelate bought the earldom of Northumberland for life [d]; many +of the champions of the cross, who had repented of the vow, purchased +the liberty of violating it; and Richard, who stood less in need of +men than of money, dispensed, on these conditions, with their +attendance. Elated with the hopes of fame, which, in that age, +attended no wars but those against the infidels, he was blind to every +other consideration; and when some of his wiser ministers objected to +this dissipation of the revenue and power of the crown, he replied +that he would sell London itself, could he find a purchaser [e]. +Nothing, indeed, could be a stronger proof how negligent he was of all +future interests in comparison of the crusade, than his selling, for +so small a sum as ten thousand marks, the vassalage of Scotland, +together with the fortresses of Roxburgh and Berwick, the greatest +acquisition that had been made by his father during the course of his +victorious reign; and his accepting the homage of William in the usual +terms, merely for the territories which that prince held in England +[f]. The English of all ranks and stations were oppressed by numerous +exactions; menaces were employed, both against the innocent and the +guilty, in order to extort money from them; and where a pretence was +wanting against the rich, the king obliged them, by the fear of his +displeasure, to lend him sums which, he knew, it would never be in his +power to repay. +[FN [c] The sheriff had anciently both the administration of justice +and the management of the king's revenue committed to him in the +county. See HALE, OF SHERIFF’S ACCOUNTS. [d] M. Paris, p. 109. [e] +W. Heming. p. 519. Knyghton, p. 2402. [f] Hoveden, p. 662. Rymer, +vol. i. p. 64. M. West. p. 257.] + +But Richard, though he sacrificed every interest and consideration to +the success of this pious enterprise, carried so little the appearance +of sanctity in his conduct, that Fulk, curate of Neuilly, a zealous +preacher of the crusade, who, from that merit, had acquired the +privilege of speaking the boldest truths, advised him to rid himself +of his notorious vices, particularly his pride, avarice, and +voluptuousness, which he called the king's three favourite daughters. +YOU COUNSEL WELL, replied Richard, and I HEREBY DISPOSE OF THE FIRST +TO THE TEMPLARS, OF THE SECOND TO THE BENEDICTINES, AND OF THE THIRD +TO MY PRELATES. + +Richard, jealous of attempts which might be made on England during his +absence, laid Prince John, as well as his natural brother, Geoffrey, +Archbishop of York, under engagements, confirmed by their oaths, that +neither of them should enter the kingdom till his return; though he +thought proper, before his departure, to withdraw this prohibition. +The administration was left in the hands of Hugh, Bishop of Durham, +and of Longchamp, Bishop of Ely, whom he appointed justiciaries and +guardians of the realm. The latter was a Frenchman, of mean birth, +and of a violent character; who, by art and address, had insinuated +himself into favour, whom Richard had created chancellor, and whom he +had engaged the pope also to invest with the legatine authority, that, +by centering every kind of power in his person, he might the better +ensure the public tranquillity. All the military and turbulent +spirits flocked about the person of the king, and were impatient to +distinguish themselves against the infidels in Asia; whither his +inclinations, his engagements, led him, and whither he was impelled by +messages from the King of France, ready to embark in this enterprise. + +The Emperor Frederic, a prince of great spirit and conduct, had +already taken the road to Palestine, at the head of one hundred and +fifty thousand men, collected from Germany and all the northern +states. Having surmounted every obstacle thrown in his way by the +artifices of the Greeks and the power of the infidels, he had +penetrated to the borders of Syria; when, bathing in the cold river +Cydnus during the greatest heat of the summer season, he was seized +with a mortal distemper, which put an end to his life and his rash +enterprise [g]. His army, under the command of his son, Conrade, +reached Palestine; but was so diminished by fatigue, famine, maladies, +and the sword, that it scarcely amounted to eight thousand men; and +was unable to make any progress against the great power, valour, and +conduct of Saladin. These reiterated calamities attending the +crusades had taught the Kings of France and England the necessity of +trying another road to the Holy Land; and they determined to conduct +their armies thither by sea, to carry provisions along with them, and, +by means of their naval power, to maintain an open communication with +their own states, and with the western parts of Europe. The place of +rendezvous was appointed in the plains of Vezelay, on the borders of +Burgundy [h]: [MN 1190. 29th June.] Philip and Richard, on their +arrival there, found their combined army amount to one hundred +thousand men [i]; a mighty force, animated with glory and religion, +conducted by two warlike monarchs, provided with every thing which +their several dominions could supply, and not to be overcome but by +their own misconduct, or by the unsurmountable obstacles of nature. +[FN [g] Bened. Abb. p. 556. [h] Hoveden, p. 660. [i] Vinisauf, p. +305.] + +[MN King sets out on the crusade.] +The French prince and the English here reiterated their promises of +cordial friendship, pledged their faith not to invade each other's +dominions during the crusade, mutually exchanged the oaths of all +their barons and prelates to the same effect, and subjected themselves +to the penalty of interdicts and excommunications, if they should ever +violate this public and solemn engagement. They then separated; +Philip took the road to Genoa, Richard that to Marseilles, with a view +of meeting their fleets, which were severally appointed to rendezvous +in these harbours. [MN 14th Sept.] They put to sea; and, nearly +about the same time, were obliged, by stress of weather, to take +shelter in Messina, where they were detained during the whole winter. +This incident laid the foundation of animosities which proved fatal to +their enterprise. + +Richard and Philip were, by the situation and extent of their +dominions, rivals in power; by their age and inclinations, competitors +for glory; and these causes of emulation which, had the princes been +employed in the field against the common enemy, might have stimulated +them to martial enterprises, soon excited, during the present leisure +and repose, quarrels between monarchs of such a fiery character. +Equally haughty, ambitious, intrepid, and inflexible, they were +irritated with the least appearance of injury, and were incapable, by +mutual condescensions, to efface those causes of complaint, which +unavoidably arose between them. Richard, candid, sincere, +undesigning, impolitic, violent, laid himself open, on every occasion, +to the designs of his antagonist; who, provident, interested, +intriguing, failed not to take all advantages against him: and thus, +both the circumstances of their disposition in which they were +similar, and those in which they differed, rendered it impossible for +them to persevere in that harmony which was so necessary to the +success of their undertaking. + +[MN Transactions in Sicily.] +The last King of Sicily and Naples was William II., who had married +Joan, sister to Richard, and who, dying without issue, had bequeathed +his dominions to his paternal aunt, Constantia, the only legitimate +descendant surviving of Roger, the first sovereign of those states who +had been honoured with the royal title. This princess had, in +expectation of that rich inheritance, been married to Henry VI., the +reigning emperor [k]; but Tancred, her natural brother, had fixed such +an interest among the barons, that, taking advantage of Henry's +absence, he had acquired possession of the throne, and maintained his +claim, by force of arms, against all the efforts of the Germans [l]. +The approach of the crusaders naturally gave him apprehensions for his +unstable government; and he was uncertain, whether he had most reason +to dread the presence of the French or of the English monarch. Philip +was engaged in a strict alliance with the emperor his competitor; +Richard was disgusted by his rigours towards the queen-dowager, whom +the Sicilian prince had confined in Palermo, because she had opposed +with all her interest his succession to the crown. Tancred, +therefore, sensible of the present necessity, resolved to pay court to +both these formidable princes; and he was not unsuccessful in his +endeavours. He persuaded Philip that it was highly improper for him +to interrupt his enterprise against the infidels, by any attempt +against a Christian state: he restored Queen Joan to her liberty; and +even found means to make an alliance with Richard, who stipulated by +treaty to marry his nephew, Arthur, the young Duke of Britany, to one +of the daughters of Tancred [m]. But before these terms of friendship +were settled, Richard, jealous both of Tancred and of the inhabitants +of Messina, had taken up his quarters in the suburbs, and had +possessed himself of a small fort, which commanded the harbour; and he +kept himself extremely on his guard against their enterprises. [MN 3d +Oct.] The citizens took umbrage. Mutual insults and attacks passed +between them and the English: Philip, who had quartered his troops in +the town, endeavoured to accommodate the quarrel, and held a +conference with Richard for that purpose. While the two kings, +meeting in the open fields, were engaged in discourse on this subject, +a body of those Sicilians seemed to be drawing towards them; and +Richard pushed forwards, in order to inquire into the reason of this +extraordinary movement [n]. The English, insolent from their power, +and inflamed with former animosities, wanted but a pretence for +attacking the Messinese: they soon chased them off the field, drove +them into the town, and entered with them at the gates. The king +employed his authority to restrain them from pillaging and massacring +the defenceless inhabitants; but he gave orders, in token of his +victory, that the standard of England should be erected on the walls. +Philip, who considered that place as his quarters, exclaimed against +the insult, and ordered some of his troops to pull down the standard: +but Richard informed him by a messenger, that, though he himself would +willingly remove that ground of offence, he would not permit it to be +done by others; and if the French king attempted such an insult upon +him, he should not succeed but by the utmost effusion of blood. +Philip, content with this species of haughty submission, recalled his +orders [o]; the difference was seemingly accommodated; but still left +the remains of rancour and jealousy in the breasts of the two +monarchs. +[FN [k] Bened. Abb. p. 580. [1] Hoveden, p. 663. [m] Hoveden, p. +676, 677. Bened Abb. p. 615. [n] Bened. Abb. p. 608. [o] Hoveden, +p. 674.] + +Tancred, who, for his own security, desired to inflame their mutual +hatred, employed an artifice which might have been attended with +consequences still more fatal. [MN 1191.] He showed Richard a +letter, signed by the French king, and delivered to him, as he +pretended, by the Duke of Burgundy; in which that monarch desired +Tancred to fall upon the quarters of the English, and promised to +assist him in putting them to the sword, as common enemies. The +unwary Richard gave credit to the information; but was too candid not +to betray his discontent to Philip, who absolutely denied the letter, +and charged the Sicilian prince with forgery and falsehood. Richard +either was, or pretended to be, entirely satisfied [p]. +[FN [p] Ibid. p. 688. Bened. Abb. p. 642, 643. Brompton, p. 1195.] + +Lest these jealousies and complaints should multiply between them, it +was proposed, that they should, by a solemn treaty, obviate all future +differences, and adjust every point that could possibly hereafter +become a controversy between them. But this expedient started a new +dispute, which might have proved more dangerous than any of the +foregoing, and which deeply concerned the honour of Philip's family. +When Richard, in every treaty with the late king, insisted so +strenuously on being allowed to marry Alice of France, he had only +sought a pretence for quarrelling; and never meant to take to his bed +a princess suspected of a criminal amour with his own father. After +he became master, he no longer spake of that alliance: he even took +measures for espousing Berengaria, daughter of Sanchez, King of +Navarre, with whom he had become enamoured during his abode in Guienne +[q]; Queen Eleanor was daily expected with that princess at Messina +[r] and when Philip renewed to him his applications for espousing his +sister Alice, Richard was obliged to give him an absolute refusal. It +is pretended by Hoveden and other historians [s], that he was able to +produce such convincing proofs of Alice's infidelity, and even of her +having borne a child to Henry, that her brother desisted from his +applications, and chose to wrap up the dishonour of his family in +silence and oblivion. It is certain, from the treaty itself, which +remains [t], that whatever were his motives, he permitted Richard to +give his hand to Berengaria; and having settled all other +controversies with that prince, he immediately set sail for the Holy +Land. Richard awaited some time the arrival of his mother and bride; +and when they joined him, he separated his fleet into two squadrons, +and set forward on his enterprise. Queen Eleanor returned to England, +but Berengaria and the queen-dowager of Sicily, his sister, attended +him on the expedition [u]. +[FN [q] Vinisauf, p. 316. [r] M. Paris, p. 112. Trivet, p. 102. W. +Heming, p. 519. [s] Hoveden, p. 688. [t] Rymer, vol. i. p. 69. +Chron. de Dunst, p. 44. [u] Bened. Abb. p. 644.] + +The English fleet, on leaving the port of Messina, met with a furious +tempest, and the squadron on which the two princesses were embarked +was driven on the coast of Cyprus, and some of the vessels were +wrecked near Limisso in that island. [MN 12th April.] Isaac, Prince +of Cyprus, who assumed the magnificent title of Emperor, pillaged the +ships that were stranded, threw the seamen and passengers into prison, +and even refused to the princesses liberty, in their dangerous +situation, of entering the harbour of Limisso. But Richard, who +arrived soon after, took ample vengeance on him for the injury. He +disembarked his troops; defeated the tyrant, who opposed his landing; +entered Limisso by storm; gained next day a second victory; obliged +Isaac to surrender at discretion; and established governors over the +island. The Greek prince, being thrown into prison and loaded with +irons, complained of the little regard with which he was treated: upon +which, Richard ordered silver fetters to be made for him; and this +emperor, pleased with the distinction, expressed a sense of the +generosity of his conqueror [w]. [MN 1191. 12th May.] The king here +espoused Berengaria, who, immediately embarking, carried along with +her to Palestine the daughter of the Cypriot prince; a dangerous +rival, who was believed to have seduced the affections of her husband. +Such were the libertine character and conduct of the heroes engaged in +this pious enterprise! +[FN [w] Bened. Abb. p. 650. Ann. Waverl. p. 164. Vinisauf, p. 328. +W. Heming. p. 523.] + +[MN The king’s arrival in Palestine.] +The English army arrived in time to partake in the glory of the siege +of Acre or Ptolemais, which had been attacked for above two years by +the united forces of all the Christians in Palestine, and had been +defended by the utmost efforts of Saladin and the Saracens. The +remains of the German army, conducted by the Emperor Frederic, and the +separate bodies of adventurers who continually poured in from the +West, had enabled the King of Jerusalem to form this important +enterprise [x]: but Saladin, having thrown a strong garrison into the +place under the command of Caracos, his own master in the art of war, +and molesting the besiegers with continual attacks and sallies, had +protracted the success of the enterprise, and wasted the force of his +enemies. The arrival of Philip and Richard inspired new life into the +Christians; and these princes, acting by concert, and sharing the +honour and danger of every action, gave hopes of a final victory over +the infidels. They agreed on this plan of operations: when the French +monarch attacked the town, the English guarded the trenches: next day, +when the English prince conducted the assault, the French succeeded +him in providing for the safety of the assailants. The emulation +between those rival kings and rival nations produced extraordinary +acts of valour: Richard in particular, animated with a more +precipitate courage than Philip, and more agreeable to the romantic +spirit of that age, drew to himself the general attention, and +acquired a great and splendid reputation. But this harmony was of +short duration; and occasions of discord soon arose between these +jealous and haughty princes. +[FN [x] Vinisauf, p. 269, 271, 279.] + +[MN 1191. State of Palestine.] +The family of Bouillon, which had first been placed on the throne of +Jerusalem, ending in a female, Fulk, Count of Anjou, grandfather to +Henry II. of England, married the heiress of that kingdom, and +transmitted his title to the younger branches of his family. The +Anjevin race ending also in a female, Guy de Lusignan, by espousing +Sibylla, the heiress, had succeeded to the title; and though he lost +his kingdom by the invasion of Saladin, he was still acknowledged by +all the Christians for king of Jerusalem [y]. But as Sibylla died +without issue, during the siege of Acre, Isabella, her younger sister, +put in her claim to that titular kingdom, and required Lusignan to +resign his pretensions to her husband, Conrade, Marquis of Montferrat. +Lusignan maintaining that the royal title was unalienable and +indefeasible, had recourse to the protection of Richard, attended on +him before he left Cyprus, and engaged him to embrace his cause [z]. +There needed no other reason for throwing Philip into the party of +Conrade; and the opposite views of these great monarchs brought +faction and dissension into the Christian army, and retarded all its +operations. The Templars, the Genoese, and the Germans declared for +Philip and Conrade; the Flemings, the Pisans, the Knights of the +Hospital of St. John, adhered to Richard and Lusignan. But +notwithstanding these disputes, as the length of the siege had reduced +the Saracen garrison to the last extremity, [MN 12th July.] they +surrendered themselves prisoners; stipulated, in return for their +lives, other advantages to the Christians, such as the restoring of +the Christian prisoners, and the delivery of the wood of the true +cross [a]; and this great enterprise, which had long engaged the +attention of all Europe and Asia, was, at last, after the loss of +three hundred thousand men, brought to a happy period. +[FN [y] Vinisauf, p. 281. [z] Trivet, p. 134. Vinisauf, p. 342. W. +Heming. p. 524. [a] This true cross was lost in the battle of +Tiberiade, to which it had been carried by the crusaders for their +protection. Rigord, an author of that age, says, that after this +dismal event, all the children who were born throughout all +Christendom had only twenty or twenty-two teeth, instead of thirty or +thirty-two, which was their former complement, p. 14.] + +But Philip, instead of pursuing the hopes of farther conquest, and of +redeeming the holy city from slavery, being disgusted with the +ascendant assumed and acquired by Richard, and having views of many +advantages, which he might reap by his presence in Europe, declared +his resolution of returning to France; and he pleaded his bad state of +health as an excuse for his desertion of the common cause. He left, +however, to Richard ten thousand of his troops, under the command of +the Duke of Burgundy; and he renewed his oath never to commence +hostilities against that prince’s dominions during his absence. But +he had no sooner reached Italy than he applied, it is pretended, to +Pope Celestine III. for a dispensation from his vow; and when denied +that request, he still proceeded, though after a covert manner, in a +project, which the present situation of England rendered inviting, and +which gratified, in an eminent degree, both his resentment and his +ambition. + +[MN Disorders in England.] +Immediately after Richard had left England, and begun his march to the +Holy Land, the two prelates, whom he had appointed guardians of the +realm, broke out into animosities against each other, and threw the +kingdom into combustion. Longchamp, presumptuous in his nature, +elated by the favour which he enjoyed with his master, and armed with +the legatine commission, could not submit to an equality with the +Bishop of Durham: he even went so far as to arrest his colleague, and +to extort from him a resignation of the earldom of Northumberland, and +of his other dignities, as the price of his liberty [b]. The king, +informed of these dissensions, ordered, by letters from Marseilles, +that the bishop should be reinstated in his offices; but Longchamp had +still the boldness to refuse compliance, on pretence that he himself +was better acquainted with the king’s secret intentions [c]. He +proceeded to govern the kingdom by his sole authority; to treat all +the nobility with arrogance; and to display his power and riches with +an invidious ostentation. He never travelled without a strong guard +of fifteen hundred foreign soldiers, collected from that licentious +tribe with which the age was generally infested: nobles and knights +were proud of being admitted into his train: his retinue wore the +aspect of royal magnificence: and when, in his progress through the +kingdom, he lodged in any monastery, his attendants, it is said, were +sufficient to devour, in one night, the revenue of several years [d]. +The king, who was detained in Europe longer than the haughty prelate +expected, hearing of this ostentation, which exceeded even what the +habits of that age indulged in ecclesiastics; being also informed of +the insolent, tyrannical conduct of his minister, thought proper to +restrain his power: he sent new orders, appointing Walter Archbishop +of Rouen, William Mareschal Earl of Strigul, Geoffrey Fitz-Peter, +William Briewere, and Hugh Bardolf, counsellors to Longchamp, and +commanding him to take no measure of importance without their +concurrence and approbation. But such general terror had this man +impressed by his violent conduct, that even the Archbishop of Rouen +and the Earl of Strigul durst not produce this mandate of the king's; +and Longchamp still maintained an uncontrolled authority over the +nation. But when he proceeded so far as to throw into prison +Geoffrey, Archbishop of York, who had opposed his measures, this +breach of ecclesiastical privileges excited such an universal ferment, +that Prince John, disgusted with the small share he possessed in the +government, and personally disobliged by Longchamp, ventured to +summon, at Reading, a general council of the nobility and prelates, +and cite him to appear before them. Longchamp thought it dangerous to +intrust his person in their hands, and he shut himself up in the Tower +of London; but being soon obliged to surrender that fortress, he fled +beyond sea, concealed under a female habit, and was deprived of his +offices of chancellor and chief justiciary; the last of which was +conferred on the Archbishop of Rouen, a prelate of prudence and +moderation. The commission of legate, however, which had been renewed +to Longchamp by Pope Celestine, still gave him, notwithstanding his +absence, great authority in the kingdom, enabled him to disturb the +government, and forwarded the views of Philip, who watched every +opportunity of annoying Richard's dominions. [MN 1192.] That monarch +first attempted to carry open war into Normandy; but as the French +nobility refused to follow him in an invasion of a state which they +had sworn to protect, and as the pope, who was the general guardian of +all princes that had taken the cross, threatened him with +ecclesiastical censures, he desisted from his enterprise, and employed +against England the expedient of secret policy and intrigue. He +debauched Prince John from his allegiance; promised him his sister +Alice in marriage; offered to give him possession of all Richard's +transmarine dominions; and had not the authority of Queen Eleanor, and +the menaces of the English council, prevailed over the inclinations of +that turbulent prince, he was ready to have crossed the seas, and to +have put in execution his criminal enterprises. +[FN [b] Hoveden, p. 665. Knyghton, p. 2403. [c] W. Heming. p. 528. +[d] Hoveden, p. 680. Bened. Abb. p. 626, 700. Brompton, p. 1193.] + +[MN The king’s heroic actions in Palestine.] +The jealousy of Philip was every moment excited by the glory which the +great actions of Richard were gaining him in the East, and which, +being compared to his own desertion of that popular cause, threw a +double lustre on his rival. His envy, therefore, prompted him to +obscure that fame which he had not equalled; and he embraced every +pretence of throwing the most violent and most improbable calumnies on +the King of England. There was a petty prince in Asia, commonly +called THE OLD MAN OF THE MOUNTAIN, who had acquired such an ascendant +over his fanatical subjects, that they paid the most implicit +deference to his commands; esteemed assassination meritorious when +sanctified by his mandate; courted danger, and even certain death, in +the execution of his orders; and fancied, that when they sacrificed +their lives for his sake, the highest joys of paradise were the +infallible reward of their devoted obedience [e]. It was the custom +of this prince, when he imagined himself injured, to despatch secretly +some of his subjects against the aggressor, to charge them with the +execution of his revenge, to instruct them in every art of disguising +their purpose; and no precaution was sufficient to guard any man, +however powerful, against the attempts of these subtle and determined +ruffians. The greatest monarchs stood in awe of this Prince of the +Assassins, (for that was the name of his people; whence the word has +passed into most European languages,) and it was the highest +indiscretion in Conrade, Marquis of Montferrat, to offend and affront +him. The inhabitants of Tyre, who were governed by that nobleman, had +put to death some of this dangerous people: the prince demanded +satisfaction; for, as he piqued himself on never beginning any offence +[f], he had his regular and established formalities in requiring +atonement: Conrade treated his messengers with disdain: the prince +issued the fatal order: two of his subjects, who had insinuated +themselves in disguise among Conrade's guards, openly, in the streets +of Sidon, wounded him mortally; and when they were seized and put to +the most cruel tortures, they triumphed amidst their agonies, and +rejoiced that they had been destined by heaven to suffer in so just +and meritorious a cause. +[FN [e] W. Heming. p. 532. Brompton, p. 1243. [f] Rymer, vol. i. p. +71.] + +Every one in Palestine knew from what hand the blow came. Richard was +entirely free from suspicion. Though that monarch had formerly +maintained the cause of Lusignan against Conrade, he had become +sensible of the bad effects attending those dissensions, and had +voluntarily conferred on the former the kingdom of Cyprus, on +condition that he should resign to his rival all pretensions to the +crown of Jerusalem [g]. Conrade himself, with his dying breath, had +recommended his widow to the protection of Richard [h]; the Prince of +the Assassins avowed the action in a formal narrative which he sent to +Europe [i]; yet, on this foundation, the King of France thought fit to +build the most egregious calumnies, and to impute to Richard the +murder of the Marquis of Montferrat, whose elevation he had once +openly opposed. He filled all Europe with exclamations against the +crime; appointed a guard for his own person, in order to defend +himself against a like attempt [k]; and endeavoured, by these shallow +artifices, to cover the infamy of attacking the dominions of a prince +whom he himself had deserted, and who was engaged with so much glory +in a war, universally acknowledged to be the common cause of +Christendom. +[FN [g] Vinisauf, p. 391. [h] Brompton, p. 1243. [i] Rymer, vol. i. +p. 71. Trivet, p. 124. W. Heming. p. 544. Diceto, p. 680. [k] W +Heming. p. 532. Brompton, p. 1245.] + +But Richard's heroic actions in Palestine were the best apology for +his conduct. The Christian adventurers under his command determined, +on opening the campaign, to attempt the siege of Ascalon, in order to +prepare the way for that of Jerusalem; and they marched along the sea- +coast with that intention. Saladin purposed to intercept their +passage; and he placed himself on the road with an army, amounting to +three hundred thousand combatants. On this occasion was fought one of +the greatest battles of that age; and the most celebrated, for the +military genius of the commanders, for the number and valour of the +troops, and for the great variety of events which attended it. Both +the right wing of the Christians, commanded by d'Avesnes, and the +left, conducted by the Duke of Burgundy, were, in the beginning of the +day, broken and defeated; when Richard, who led on the main body, +restored the battle; attacked the enemy with intrepidity and presence +of mind; performed the part both of a consummate general and gallant +soldier; and not only gave his two wings leisure to recover from their +confusion, but obtained a complete victory over the Saracens, of whom +forty thousand are said to have perished in the field [l]. Ascalon +soon after fell into the hands of the Christians: other sieges were +carried on with equal success: Richard was even able to advance within +sight of Jerusalem, the object of his enterprise, when he had the +mortification to find that he must abandon all hopes of immediate +success, and must put a stop to his career of victory. The crusaders, +animated with an enthusiastic ardour for the holy wars, broke at first +through all regards to safety or interest in the prosecution of their +purpose; and trusting to the immediate assistance of Heaven, set +nothing before their eyes but fame and victory in this world, and a +crown of glory in the next. But long absence from home, fatigue, +disease, want, and the variety of incidents which naturally attend +war, had gradually abated that fury, which nothing was able directly +to withstand; and every one, except the King of England, expressed a +desire of speedily returning into Europe. The Germans and the +Italians declared their resolution of desisting from the enterprise: +the French were still more obstinate in this purpose: the Duke of +Burgundy, in order to pay court to Philip, took all opportunities of +mortifying and opposing Richard [m]: and there appeared an absolute +necessity of abandoning for the present all hopes of farther conquest, +and of securing the acquisitions of the Christians by an accommodation +with Saladin. Richard, therefore, concluded a truce with that +monarch; and stipulated that Acre, Joppa, and other sea-port towns of +Palestine, should remain in the hands of the Christians, and that +every one of that religion should have liberty to perform his +pilgrimage to Jerusalem unmolested. This truce was concluded for +three years, three months, three weeks, three days, and three hours; a +magical number, which had probably been devised by the Europeans, and +which was suggested by a superstition well suited to the object of the +war. +[FN [l] Hoveden, p. 698. Bened. Abb. p. 677. Diceto, p. 662. +Brompton, p. 1214. [m] Vinisauf, p. 380.] + +The liberty, in which Saladin indulged the Christians, to perform +their pilgrimages to Jerusalem, was an easy sacrifice on his part; and +the furious wars which he waged in defence of the barren territory of +Judea were not with him, as with the European adventurers, the result +of superstition, but of policy. The advantage indeed of science, +moderation, humanity, was at that time entirely on the side of the +Saracens; and this gallant emperor, in particular, displayed, during +the course of the war, a spirit and generosity, which even his bigoted +enemies were obliged to acknowledge and admire. Richard, equally +martial and brave, carried with him more of the barbarian character, +and was guilty of acts of ferocity, which threw a stain on his +celebrated victories. When Saladin refused to ratify the capitulation +of Acre, the king of England ordered all his prisoners, to the number +of five thousand, to be butchered; and the Saracens found themselves +obliged to retaliate upon the Christians by a like cruelty [n]. +Saladin died at Damascus soon after concluding this truce with the +princes of the crusade: it is memorable that, before he expired, he +ordered his winding-sheet to be carried as a standard through every +street of the city; while a crier went before, and proclaimed with a +loud voice, THIS IS ALL THAT REMAINS TO THE MIGHTY SALADIN, THE +CONQUEROR OF THE EAST. By his last will he ordered charities to be +distributed to the poor without distinction of Jew, Christian, or +Mahometan. +[FN [n] Hoveden, p. 697. Bened. Abb. p. 673. M. Paris, p. 115. +Vinisauf, p. 346. W. Heming. p. 531.] + +[MN 1192. The king’s return from Palestine.] +There remained, after the truce, no business of importance to detain +Richard in Palestine; and the intelligence which he received, +concerning the intrigues of his brother John, and those of the King of +France, made him sensible that his presence was necessary in Europe. +As he dared not to pass through France, be sailed to the Adriatic; and +being shipwrecked near Aquileia, he put on the disguise of a pilgrim, +with a purpose of taking his journey secretly through Germany. +Pursued by the governor of Istria, he was forced out of the direct +road to England, and was obliged to pass by Vienna, [MN 20th Dec.] +where his expenses and liberalities betrayed the monarch in the habit +of the pilgrim; and he was arrested by orders of Leopold, Duke of +Austria. This prince had served under Richard at the siege of Acre; +but being disgusted by some insult of that haughty monarch, he was so +ungenerous as to seize the present opportunity of gratifying at once +his avarice and revenge; and he threw the king into prison. [MN +1193.] The emperor, Henry VI., who also considered Richard as an +enemy, on account of the alliance contracted by him with Tancred, King +of Sicily, despatched messengers to the Duke of Austria, required the +royal captive to be delivered to him, and stipulated a large sum of +money as a reward for this service. [MN Captivity in Germany.] Thus, +the King of England, who had filled the whole world with his renown, +found himself, during the most critical state of his affairs, confined +in a dungeon, and loaded with irons, in the heart of Germany [o], and +entirely at the mercy of his enemies, the basest and most sordid of +mankind. +[FN [o] Chron. T. Wykes, p. 35.] + +The English council was astonished on receiving this fatal +intelligence; and foresaw all the dangerous consequences which might +naturally arise from that event. The queen-dowager wrote reiterated +letters to Pope Celestine, exclaiming against the injury which her son +had sustained; representing the impiety of detaining in prison the +most illustrious prince that had yet carried the banners of Christ +into the Holy Land; claiming the protection of the apostolic see, +which was due even to the meanest of those adventurers; and upbraiding +the pope, that in a cause where justice, religion, and the dignity of +the church, were so much concerned, a cause which it might well befit +his holiness himself to support, by taking in person a journey to +Germany, the spiritual thunders should so long be suspended over those +sacrilegious offenders [p]. The zeal of Celestine corresponded not to +the impatience of the queen-mother; and the regency of England were, +for a long time, left to struggle alone with all their domestic and +foreign enemies. +[FN [p] Rymer, vol. i. p. 72, 73, 74, 75, 76, &c.] + +[MN War with France.] +The King of France, quickly informed of Richard's confinement by a +message from the emperor [q], prepared himself to take advantage of +the incident; and he employed every means of force and intrigue, of +war and negotiation, against the dominions and the person of his +unfortunate rival. He revived the calumny of Richard's assassinating +the Marquis of Montferrat; and by that absurd pretence he induced his +barons to violate their oaths, by which they had engaged that, during +the crusade, they never would, on any account, attack the dominions of +the King of England. He made the emperor the largest offers, if he +would deliver into his hands the royal prisoner, or at least detain +him in perpetual captivity: he even formed an alliance by marriage +with the King of Denmark, desired that the ancient Danish claim to the +crown of England should be transferred to him, and solicited a supply +of shipping to maintain it. But the most successful of Philip's +negotiations was with Prince John, who, forgetting every tie to his +brother, his sovereign, and his benefactor, thought of nothing but how +to make his own advantage of the public calamities. That traitor, on +the first invitation from the court of France, suddenly went abroad, +had a conference with Philip, and made a treaty, of which the object +was the perpetual ruin of his unhappy brother. He stipulated to +deliver into Philip's hands a great part of Normandy [r]; he received, +in return, the investiture of all Richard's transmarine dominions; and +it is reported by several historians, that he even did homage to the +French king for the crown of England. +[FN [q] Ibid. p. 70. [r] Rymer, vol. i. p. 85.] + +In consequence of this treaty, Philip invaded Normandy; and by the +treachery of John's emissaries, made himself master, without +opposition, of many fortresses, Neuf-chatel, Neaufle, Gisors, Pacey, +Ivree: he subdued the counties of Eu and Aumale; and advancing to form +the siege of Rouen, he threatened to put all the inhabitants to the +sword if they dared to make resistance. Happily, Robert, Earl of +Leicester, appeared in that critical moment; a gallant nobleman, who +had acquired great honour during the crusade, and who, being more +fortunate than his master in finding his passage homewards, took on +him the command in Rouen, and exerted himself, by his exhortations and +example, to infuse courage into the dismayed Normans. Philip was +repulsed in every attack; the time of service from his vassals +expired; and he consented to a truce with the English regency, +received in return the promise of twenty thousand marks, and had four +castles put into his hands, as security for the payment [s]. +[FN [s] Hoveden, p.730, 731. Rymer, vol. i. p. 81.] + +Prince John, who, with a view of increasing the general confusion, +went over to England, was still less successful in his enterprises. +He was only able to make himself master of the castles of Windsor and +Wallingford; but when he arrived in London, and claimed the kingdom as +heir to his brother, of whose death he pretended to have received +certain intelligence, he was rejected by all the barons, and measures +were taken to oppose and subdue him [t]. The justiciaries, supported +by the general affection of the people, provided so well for the +defence of the kingdom, that John was obliged, after some fruitless +efforts, to conclude a truce with them; and before its expiration, he +thought it prudent to return to France, where he openly avowed his +alliance with Philip [u]. +[FN [t] Hoveden, p. 724. [u] W. Heming. p. 536.] + +Meanwhile the high spirit of Richard suffered in Germany every kind of +insult and indignity. The French ambassadors, in their master's name, +renounced him as a vassal to the crown of France, and declared all +his fiefs to be forfeited to his liege lord. The emperor, that he +might render him more impatient for the recovery of his liberty, and +make him submit to the payment of a larger ransom, treated him with +the greatest severity, and reduced him to a condition worse than that +of the meanest malefactor. He was even produced before the diet of +the empire at Worms, and accused by Henry of many crimes and +misdemeanours; of making an alliance with Tancred, the usurper of +Sicily; of turning the arms of the crusade against a Christian prince, +and subduing Cyprus; of affronting the Duke of Austria before Acre; of +obstructing the progress of the Christian arms by his quarrels with +the King of France; of assassinating Conrade, Marquis of Montferrat; +and of concluding a truce with Saladin, and leaving Jerusalem in the +hands of the Saracen emperor [w]. Richard, whose spirit was not +broken by his misfortunes, and whose genius was rather roused by these +frivolous or scandalous imputations; after premising, that his dignity +exempted him from answering before any jurisdiction, except that of +Heaven; yet condescended, for the sake of his reputation, to justify +his conduct before that great assembly. He observed, that he had no +hand in Tancred's elevation, and only concluded a treaty with a prince +whom he found in possession of the throne; that the king, or rather +tyrant of Cyprus, had provoked his indignation by the most ungenerous +and unjust proceedings; and though he chastised this aggressor, he had +not retarded a moment the progress of his chief enterprise: that if he +had at any time been wanting in civility to the Duke of Austria, he +had already been sufficiently punished for that sally of passion; and +it better became men, embarked together in so holy a cause, to forgive +each other's infirmities, than to pursue a slight offence with such +unrelenting vengeance: that it had sufficiently appeared by the event, +whether the King of France or he were most zealous for the conquest of +the Holy Land, and were most likely to sacrifice private passions and +animosities to that great object: that if the whole tenour of his life +had not shown him incapable of a base assassination, and justified him +from that imputation in the eyes of his very enemies, it was in vain +for him, at present, to make his apology, or plead the many +irrefragable arguments which he could produce in his own favour: and +that, however he might regret the necessity, he was so far from being +ashamed of his truce with Saladin, that he rather gloried in that +event; and thought it extremely honourable, that, though abandoned by +all the world, supported only by his own courage, and by the small +remains of his national troops, he could yet obtain such conditions +from the most powerful and most warlike emperor that the East had ever +yet produced. Richard, after thus deigning to apologize for his +conduct, burst out into indignation at the cruel treatment which he +had met with; that he, the champion of the cross, still wearing that +honourable badge, should, after expending the blood and treasure of +his subjects in the common cause of Christendom, be intercepted by +Christian princes in his return to his own country, be thrown into a +dungeon, be loaded with irons, be obliged to plead his cause, as if he +were a subject and a malefactor; and what he still more regretted, be +thereby prevented from making preparations for a new crusade, which he +had projected, after the expiration of the truce, and from redeeming +the sepulchre of Christ, which had so long been profaned by the +dominion of infidels. The spirit and eloquence of Richard made such +impression on the German princes, that they exclaimed loudly against +the conduct of the emperor; the pope threatened him with +excommunication; and Henry, who had hearkened to the proposals of the +King of France and Prince John, found that it would be impracticable +for him to execute his and their base purposes, or to detain the King +of England any longer in captivity. [MN The king’s delivery.] He +therefore concluded with him a treaty for his ransom, and agreed to +restore him to his freedom for the sum of a hundred and fifty thousand +marks, about three hundred thousand pounds of our present money; of +which a hundred thousand marks were to be paid before he received his +liberty, and sixty-seven hostages delivered for the remainder [x]. +The emperor, as if to gloss over the infamy of this transaction, made +at the same time a present to Richard of the kingdom of Arles, +comprehending Provence, Dauphiny, Narbonne, and other states, over +which the empire had some antiquated claims; a present which the king +very wisely neglected. +[FN [w] M Paris, p. 121. W. Heming. p. 536. [x] Rymer, vol. i. p. +84.] + +The captivity of the superior lord was one of the cases provided for +by the feudal tenures; and all the vassals were in that event obliged +to give an aid for his ransom. Twenty shillings were therefore levied +on each knight's fee in England; but as this money came in slowly, and +was not sufficient for the intended purpose, the voluntary zeal of the +people readily supplied the deficiency. The churches and monasteries +melted down their plate, to the amount of thirty thousand marks; the +bishops, abbots, and nobles, paid a fourth of their yearly rent; the +parochial clergy contributed a tenth of their tithes; [MN 1194. 4th +Feb.] and the requisite sum being thus collected, Queen Eleanor, and +Walter, Archbishop of Rouen, set out with it for Germany; paid the +money to the emperor and the Duke of Austria at Mentz; delivered them +hostages for the remainder; and freed Richard from captivity. His +escape was very critical. Henry had been detected in the +assassination of the Bishop of Liege, and in an attempt of a like +nature on the Duke of Louvaine; and finding himself extremely +obnoxious to the German princes on account of these odious practices, +he had determined to seek support from an alliance with the King of +France; to detain Richard, the enemy of that prince, in perpetual +captivity; to keep in his hands the money which he had already +received for his ransom; and to extort fresh sums from Philip and +Prince John, who were very liberal in their offers to him. He +therefore gave orders that Richard should be pursued and arrested; but +the king, making all imaginable haste, had already embarked at the +mouth of the Schelde, and was out of sight of land, when the +messengers of the emperor reached Antwerp. + +[MN King’s return to England, 20th March.] +The joy of the English was extreme on the appearance of their monarch, +who had suffered so many calamities, who had acquired so much glory, +and who had spread the reputation of their name into the farthest +East, whither their fame had never before been able to extend. He +gave them, soon after his arrival, an opportunity of publicly +displaying their exultation, by ordering himself to be crowned anew at +Winchester; as if he intended, by that ceremony, to reinstate himself +in his throne, and to wipe off the ignominy of his captivity. Their +satisfaction was not damped, even when he declared his purpose of +resuming all those exorbitant grants, which he had been necessitated +to make before his departure for the Holy Land. The barons, also, in +a great council, confiscated, on account of his treason, all Prince +John's possessions in England; and they assisted the king in reducing +the fortresses which still remained in the hands of his brother's +adherents [y]. Richard, having settled every thing in England, passed +over with an army into Normandy; being impatient to make war on +Philip, and to revenge himself for the many injuries which he had +received from that monarch [z]. As soon as Philip heard of the king's +deliverance from captivity, he wrote to his confederate John in these +terms: TAKE CARE OF YOURSELF: THE DEVIL IS BROKEN LOOSE [a]. +[FN [y] Hoveden, p. 737. Ann. Waverl. p. 165. W. Heming, p. 540. +[z] Hoveden, p. 740. [a] Ibid. p. 739.] + +[MN War with France.] +When we consider such powerful and martial monarchs inflamed with +personal animosity against each other, enraged by mutual injuries, +excited by rivalship, impelled by opposite interests, and instigated +by the pride and violence of their own temper; our curiosity is +naturally raised, and we expect an obstinate and furious war, +distinguished by the greatest events, and concluded by some remarkable +catastrophe. Yet are the incidents which attend those hostilities so +frivolous that scarce any historian can entertain such a passion for +military descriptions as to venture on a detail of them: a certain +proof of the extreme weakness of princes in those ages, and of the +little authority they possessed over their refractory vassals! The +whole amount of the exploits on both sides is, the taking of a castle, +the surprise of a straggling party, a rencounter of horse, which +resembles more a rout than a battle. Richard obliged Philip to raise +the siege of Verneuil; he took Loches, a small town in Anjou: he made +himself master of Beaumont, and some other places of little +consequence; and after these trivial exploits, the two kings began +already to hold conferences for an accommodation. Philip insisted +that, if a general peace were concluded, the barons on each side +should, for the future, be prohibited from carrying on private wars +against each other: but Richard replied, that this was a right claimed +by his vassals, and he could not debar them from it. After this +fruitless negotiation, there ensued an action between the French and +English cavalry at Fretteval, in which the former were routed, and the +King of France's cartulary and records, which commonly at that time +attended his person, were taken. But this victory leading to no +important advantages, a truce for a year was at last, from mutual +weakness, concluded between the two monarchs. + +During this war, Prince John deserted from Philip, threw himself at +his brother's feet, craved pardon for his offences, and by the +intercession of Queen Eleanor was received into favour. I FORGIVE +HIM, said the king, AND HOPE I SHALL AS EASILY FORGET HIS INJURIES AS +HE WILL MY PARDON. John was incapable even of returning to his duty, +without committing a baseness. Before he left Philip's party, he +invited to dinner all the officers of the garrison, which that prince +had placed in the citadel of Evreux: he massacred them during the +entertainment: fell, with the assistance of the townsmen, on the +garrison, whom he put to the sword; and then delivered up the place to +his brother. + +The King of France was the great object of Richard's resentment and +animosity: the conduct of John, as well as that of the emperor and +Duke of Austria, had been so base, and was exposed to such general +odium and reproach, that the king deemed himself sufficiently revenged +for their injuries; and he seems never to have entertained any project +of vengeance against any of them. The Duke of Austria, about this +time, having crushed his leg by the fall of his horse at a tournament, +was thrown into a fever; and being struck, on the approaches of death, +with remorse for his injustice to Richard, he ordered, by will, all +the English hostages in his hands to be set at liberty, and the +remainder of the debt due to him to be remitted: his son, who seemed +inclined to disobey these orders, was constrained by his ecclesiastics +to execute them [b]. [MN 1195.] The emperor also made advances for +Richard's friendship, and offered to give him a discharge of all the +debt not yet paid to him provided he would enter into an offensive +alliance against the King of France; a proposal which was very +acceptable to Richard, and was greedily embraced by him. The treaty +with the emperor took no effect; but it served to rekindle the war +between France and England before the expiration of the truce. This +war was not distinguished by any more remarkable instances than the +foregoing. After mutually ravaging the open country, and taking a few +insignificant castles, the two kings concluded a peace at Louviers, +and made an exchange of some territories with each other [c]. [MN +1196.] Their inability to wage war occasioned the peace: their mutual +antipathy engaged them again in war before two months expired. +Richard imagined that he had now found an opportunity of gaining great +advantages over his rival, by forming an alliance with the Counts of +Flanders, Toulouse, Boulogne, Champagne, and other considerable +vassals of the crown of France [d]. But he soon experienced the +insincerity of those princes, and was not able to make any impression +on that kingdom, while governed by a monarch of so much vigour and +activity as Philip. The most remarkable incident of this war was the +taking prisoner in battle the Bishop of Beauvais, a martial prelate, +who was of the family of Dreux, and a near relation of the French +king's. Richard, who hated that bishop, threw him into prison and +loaded him with irons; and when the pope demanded his liberty, and +claimed him as his son, the king sent to his holiness the coat of mail +which the prelate had worn in battle, and which was all besmeared with +blood; and he replied to him, in the terms employed by Jacob's sons to +that patriarch, THIS HAVE WE FOUND: KNOW NOW WHETHER IT BE THY SON'S +COAT OR NO [e]. This new war between England and France, though +carried out with such animosity that both kings frequently put out the +eyes of their prisoners, was soon finished by a truce of five years; +and immediately after signing this treaty, the kings were ready, on +some new offence, to break out again into hostilities; when the +mediation of the Cardinal of St. Mary, the pope's legate, accommodated +the difference [f]. This prelate even engaged the princes to commence +a treaty for a more durable peace; but the death of Richard put an end +to the negotiation. +[FN [b] Rymer, vol i. p. 88, 102. [c] Ibid. p. 91. [d] W. Heming, p. +549. Brompton, p. 1273. Rymer, vol. i. p. 94. [e] Genesis, chap. +xxxvii. ver. 32. M. Paris, p. 128. Brompton, p. 1273. [f] Rymer, +vol. i. p. 109, 110.] + +[MN 1199.] Vidomar, Viscount of Limoges, a vassal of the king's, had +found a treasure, of which he sent part to that prince as a present. +Richard, as superior lord, claimed the whole; and at the head of some +Brabancons, besieged the viscount in the castle of Chalons, near +Limoges, in order to make him comply with his demand [g]. The +garrison offered to surrender; but the king replied, that, since he +had taken the pains to come thither and besiege the place in person, +he would take it by force, and would hang every one of them. The same +day, Richard, accompanied by Marcadee, leader of his Brabancons, +approached the castle in order to survey it; when one Bertrand de +Gourdon, an archer, took aim at him, and pierced his shoulder with an +arrow. [MN 28th March.] The king, however, gave orders for the +assault, took the place, and hanged all the garrison, except Gourdon, +who had wounded him, and whom he reserved for a more deliberate and +more cruel execution [h]. +[FN [g] Hoveden, p. 791. Knyghton, p. 2413. [h] Ibid.] + +The wound was not in itself dangerous; but the unskilfulness of the +surgeon made it mortal: he so rankled Richard's shoulder in pulling +out the arrow, that a gangrene ensued; and that prince was now +sensible that his life was drawing towards a period. He sent for +Gourdon, and asked him, WRETCH, WHAT HAVE I EVER DONE TO YOU, TO +OBLIGE YOU TO SEEK MY LIFE?--WHAT HAVE YOU DONE TO ME? replied coolly +the prisoner: YOU KILLED WITH YOUR OWN HANDS MY FATHER AND MY TWO +BROTHERS; AND YOU INTENDED TO HAVE HANGED MYSELF: I AM NOW IN YOUR +POWER, AND YOU MAY TAKE REVENGE, BY INFLICTING ON ME THE MOST SEVERE +TORMENTS: BUT I SHALL ENDURE THEM ALL WITH PLEASURE, PROVIDED I CAN +THINK THAT I HAVE BEEN SO HAPPY AS TO RID THE WORLD OF SUCH A NUISANCE +[i]. Richard, struck with the reasonableness of this reply, and +humbled by the near approach of death, ordered Gourdon to be set at +liberty, and a sum of money to be given him: but Marcadee, unknown to +him, seized the unhappy man, flayed him alive, and then hanged him. +[MN 6th April. Death,] Richard died in the tenth year of his reign, +and the forty-second of his age; and he left no issue behind him. +[FN [i] Hoveden, p. 791. Brompton, p. 1277. Knyghton, p. 2413.] + +[MN and character of the king.] +The most shining parts of this prince's character are his military +talents. No man, even in that romantic age, carried personal courage +and intrepidity to a greater height; and this quality gained him the +appellation of the lion-hearted, COEUR DE LION. He passionately loved +glory, chiefly military glory; and as his conduct in the field was not +inferior to his valour, he seems to have possessed every talent +necessary for acquiring it. His resentments also were high; his pride +unconquerable; and his subjects, as well as his neighbours, had +therefore reason to apprehend, from the continuance of his reign, a +perpetual scene of blood and violence. Of an impetuous and vehement +spirit, he was distinguished by all the good as well as the bad +qualities incident to that character: he was open, frank, generous, +sincere, and brave; he was revengeful, domineering, ambitious, +haughty, and cruel; and was thus better calculated to dazzle men by +the splendour of his enterprises, than either to promote their +happiness or his own grandeur by a sound and well-regulated policy. +As military talents made great impression on the people, he seems to +have been much beloved by his English subjects; and he is remarked to +have been the first prince of the Norman line that bore any sincere +regard to them. He passed however only four months of his reign in +that kingdom: the crusade employed him near three years; he was +detained about fourteen months in captivity; the rest of his reign was +spent either in war, or preparations for war, against France; and he +was so pleased with the fame which he had acquired in the East, that +he determined, notwithstanding his past misfortunes, to have farther +exhausted his kingdom, and to have exposed himself to new hazards, by +conducting another expedition against the infidels. + +[MN Miscellaneous transactions of this reign.] +Though the English pleased themselves with the glory which the king's +martial genius procured them, his reign was very oppressive and +somewhat arbitrary, by the high taxes which he levied on them, and +often without consent of the states or great council. In the ninth +year of his reign, he levied five shillings on each hide of land; and +because the clergy refused to contribute their share, he put them out +of the protection of law, and ordered the civil courts to give them no +sentence for any debts which they might claim [k]. Twice in his reign +he ordered all his charters to be sealed anew, and the parties to pay +fees for the renewal [l]. It is said that Hubert, his justiciary, +sent him over to France, in the space of two years, no less a sum than +one million one hundred thousand marks, besides bearing all the +charges of the government in England. But this account is quite +incredible, unless we suppose that Richard made a thorough +dilapidation of the demesnes of the crown, which it is not likely he +could do with any advantage after his former resumption of all grants. +A king who possessed such a revenue could never have endured fourteen +months' captivity for not paying a hundred and fifty thousand marks to +the emperor, and be obliged at last to leave hostages for a third of +the sum. The prices of commodities in this reign are also a certain +proof that no such enormous sum could be levied on the people. A hide +of land, or about a hundred and twenty acres, was commonly let at +twenty shillings a year, money of that time. As there were two +hundred and forty-three thousand six hundred hides in England, it is +easy to compute the amount of all the landed rents of the kingdom. +The general and stated price of an ox was four shillings; of a +labouring horse the same; of a sow, one shilling; of a sheep with fine +wool, tenpence; with coarse wool, sixpence [m]. These commodities +seem not to have advanced in their prices since the conquest [n], and +to have still been ten times cheaper than at present. +[FN [k] Hoveden, p. 743. Tyrrel, vol. ii. p. 563. [l] Prynne's +Chronol. Vindic. tom. i. p. 1133. [m] Hoveden, p. 745. [n] See note +[S], at the end of the volume.] + +Richard renewed the severe laws against transgressors in his forests, +whom he punished by castration and putting out their eyes, as in the +reign of his great-grandfather. He established by law one weight and +measure throughout his kingdom [o]: a useful institution, which the +mercenary disposition and necessities of his successor engaged him to +dispense with for money. +[FN [o] M. Paris, p. 109, 134. Trivet, p. 127. Ann. Waverl. p. 165. +Hoveden, p. 774.] + +The disorders in London, derived from its bad police, had risen to a +great height during this reign; and in the year 1196, there seemed to +be formed so regular a conspiracy among the numerous malefactors, as +threatened the city with destruction. There was one William +Fitz-Osbert, commonly called LONGBEARD, a lawyer, who had rendered +himself extremely popular among the lower rank of citizens; and, by +defending them on all occasions, had acquired the appellation of the +advocate or saviour of the poor. He exerted his authority, by +injuring and insulting the more substantial citizens, with whom he +lived in a state of hostility, and who were every moment exposed to +the most outrageous violences from him and his licentious emissaries. +Murders were daily committed in the streets; houses were broken open +and pillaged in daylight; and it is pretended that no less than fifty- +two thousand persons had entered into an association, by which they +bound themselves to obey all the orders of this dangerous ruffian. +Archbishop Hubert, who was then chief justiciary, summoned him before +the council to answer for his conduct; but he came so well attended, +that no one durst accuse him, or give evidence against him; and the +primate, finding the impotence of law, contented himself with exacting +from the citizens hostages for their good behaviour. He kept, +however, a watchful eye on Fitz-Osbert; and seizing a favourable +opportunity, attempted to commit him to custody; but the criminal, +murdering one of the public officers, escaped with his concubine to +the church of St. Mary le Bow, where he defended himself by force of +arms. He was at last forced from his retreat, condemned, and +executed, amidst the regrets of the populace, who were so devoted to +his memory, that they stole his gibbet, paid the same veneration to it +as to the cross, and were equally zealous in propagating and attesting +reports of the miracles wrought by it [p]. But though the sectaries +of this superstition were punished by the justiciary [q], it received +so little encouragement from the established clergy, whose property +was endangered by such seditious practices, that it suddenly sunk and +vanished. +[FN [p] Hoveden, p 765. Diceto, p. 691. Neubrig. p. 492, 493. [q] +Gervase, p. 1551.] + +It was during the crusades that the custom of using coats of arms was +first introduced into Europe. The knights, cased up in armour, had no +way to make themselves be known and distinguished in battle but by the +devices on their shields; and these were gradually adopted by their +posterity and families, who were proud of the pious and military +enterprises of their ancestors. + +King Richard was a passionate lover of poetry; there even remain some +poetical works of his composition; and he bears a rank among the +Provencal poets or TROBADORES, who were the first of the modern +Europeans that distinguished themselves by attempts of that nature. + + + + +CHAPTER XI. + +JOHN. + +ACCESSION OF THE KING.--HIS MARRIAGE.--WAR WITH FRANCE.—MURDER OF +ARTHUR, DUKE OF BRITANY.--THE KING EXPELLED THE FRENCH PROVINCES.--THE +KING'S QUARREL WITH THE COURT OF ROME.—CARDINAL LANGTON APPOINTED +ARCHBISHOP OF CANTERBURY.--INTERDICT OF THE KINGDOM.--EXCOMMUNICATION +OF THE KING.--THE KING'S SUBMISSION TO THE POPE.--DISCONTENTS OF THE +BARONS.--INSURRECTION OF THE BARONS.--MAGNA CHARTA.--RENEWAL OF THE +CIVIL WARS.—PRINCE LEWIS CALLED OVER.--DEATH AND CHARACTER OF THE +KING. + + + +[MN 1199. Accession of the king.] +The noble and free genius of the ancients, which made the government +of a single person be always regarded as a species of tyranny and +usurpation, and kept them from forming any conception of a legal and +regular monarchy, had rendered them entirely ignorant both of the +rights of PRIMOGENITURE, and a REPRESENTATION in succession; +inventions so necessary for preserving order in the lines of princes, +for obviating the evils of civil discord and of usurpation, and for +begetting moderation in that species of government, by giving security +to the ruling sovereign. These innovations arose from the feudal law, +which, first introducing the right of primogeniture, made such a +distinction between the families of the elder and younger brothers, +that the son of the former was thought entitled to succeed to his +grandfather, preferably to his uncles, though nearer allied to the +deceased monarch. But though this progress of ideas was natural, it +was gradual. In the age of which we treat, the practice of +representation was indeed introduced, but not thoroughly established; +and the minds of men fluctuated between opposite principles. Richard, +when he entered on the holy war, declared his nephew, Arthur, Duke of +Britany, his successor; and by a formal deed he set aside, in his +favour, the title of his brother John, who was younger than Geoffrey, +the father of that prince [a]. But John so little acquiesced in that +destination, that when he gained the ascendant in the English +ministry, by expelling Longchamp, the chancellor and great justiciary, +he engaged all the English barons to swear that they would maintain +his right of succession; and Richard, on his return, took no steps +towards restoring or securing the order which he had at first +established. He was even careful, by his last will, to declare his +brother John heir to all his dominions [b]; whether that he now +thought Arthur, who was only twelve years of age, incapable of +asserting his claim against John's faction, or was influenced by +Eleanor, the queen-mother, who hated Constantia, mother of the young +duke, and who dreaded the credit which that princess would naturally +acquire if her son should mount the throne. The authority of a +testament was great in that age, even where the succession of a +kingdom was concerned; and John had reason to hope that this title, +joined to his plausible right in other respects, would ensure him the +succession. But the idea of representation seems to have made, at this +time, greater progress in France than in England: the barons of the +transmarine provinces, Anjou, Maine, and Touraine, immediately +declared in favour of Arthur's title, and applied for assistance to +the French monarch as their superior lord. Philip, who desired only +an occasion to embarrass John, and dismember his dominions, embraced +the cause of the young Duke of Britany, took him under his protection, +and sent him to Paris to be educated, along with his own son Lewis +[c]. In this emergence, John hastened to establish his authority in +the chief members of the monarchy; and after sending Eleanor into +Poictou and Guienne, where her right was incontestable, and was +readily acknowledged, he hurried to Rouen, and having secured the +duchy of Normandy, he passed over, without loss of time, to England. +Hubert, Archbishop of Canterbury, William Mareschal, Earl of Strigul, +who also passes by the name of Earl of Pembroke, and Geoffrey +Fitz-Peter, the justiciary, the three most favoured ministers of the +late king, were already engaged on his side [d]; and the submission or +acquiescence of all the other barons put him, without opposition, in +possession of the throne. +[FN [a] Hoveden, p. 677. M Paris, p. 112. Chron. de Dunst. p. 43. +Rymer, vol i p. 66, 68. Bened. Abb. p. 619. [b] Hoveden, p. 791. +Trivet, p. 138. [c] Hoveden, p. 792. M. Paris, p. 137. M. West. p. +263. Knyghton, p. 2414. [d] Hoveden, p. 793. M. Paris, p. 137.] + +The king soon returned to France, in order to conduct the war against +Philip, and to recover the revolted provinces from his nephew Arthur. +The alliances which Richard had formed with the Earl of Flanders [e], +and other potent French princes, though they had not been very +effectual, still subsisted, and enabled John to defend himself against +all the efforts of his enemy. In an action between the French and +Flemings, the elect Bishop of Cambray was taken prisoner by the +former; and when the Cardinal of Capua claimed his liberty, Philip, +instead of complying, reproached him with the weak efforts which he +had employed in favour of the Bishop of Beauvais, who was in a like +condition. The legate, to show his impartiality, laid, at the same +time, the kingdom of France and the duchy of Normandy under an +interdict; and the two kings found themselves obliged to make an +exchange of these military prelates. +[FN [e] Rymer, vol. i. p. 114. Hoveden, p. 794. M. Paris, p. 138.] + +[MN 1200.] Nothing enabled the king to bring this war to a happy +issue so much as the selfish intriguing character of Philip, who acted +in the provinces that had declared for Arthur, without any regard to +the interests of that prince. Constantia, seized with a violent +jealousy that he intended to usurp the entire dominion of them [f], +found means to carry off her son secretly from Paris: she put him into +the hands of his uncle; restored the provinces which had adhered to +the young prince; and made him do homage for the duchy of Britany, +which was regarded as a rerefief of Normandy. From this incident, +Philip saw that he could not hope to make any progress against John; +and being threatened with an interdict on account of his irregular +divorce from Ingelburga, the Danish princess whom he had espoused, he +became desirous of concluding a peace with England. After some +fruitless conferences, the terms were at last adjusted; and the two +monarchs seemed in this treaty to have an intention, besides ending +the present quarrel, of preventing all future causes of discord, and +of obviating every controversy which could thereafter arise between +them. They adjusted the limits of all their territories, mutually +secured the interests of their vassals; and, to render the union more +durable, John gave his niece, Blanche of Castile, in marriage to +Prince Lewis, Philip's eldest son, and with her the baronies of +Issoudun and Gracai, and other fiefs in Berri. Nine barons of the +King of England, and as many of the King of France, were guarantees of +this treaty; and all of them swore that if their sovereign violated +any article of it, they would declare themselves against him, and +embrace the cause of the injured monarch [g]. +[FN [f] Hoveden, p.795. [g] Norman Duchesnii, p. 1055. Rymer, vol. +i. p. 117, 118, 119. Hoveden, p. 814. Chron. Dunst. vol. i. p. 47.] + +John, now secure, as he imagined, on the side of France, indulged his +passion for Isabella, the daughter and heir of Aymar Tailleffer, Count +of Angouleme, a lady with whom he had become much enamoured. His +queen, the heiress of the family of Gloucester, was still alive: +Isabella was married to the Count de la Marche, and was already +consigned to the care of that nobleman; though, by reason of her +tender years, the marriage had not been consummated. The passion of +John made him overlook all these obstacles: he persuaded the Count of +Angouleme to carry off his daughter from her husband; and having, on +some pretence or other, procured a divorce from his own wife, he +espoused Isabella; [MN The kingÂ’s marriage.] regardless both of the +menaces of the pope, who exclaimed against these irregular +proceedings, and of the resentment of the injured count, who soon +found means of punishing his powerful and insolent rival. + +[MN 1201.] John had not the art of attaching his barons either by +affection or by fear. The Count de la Marche, and his brother, the +Count d'Eu, taking advantage of the general discontent against him, +excited commotions in Poictou and Normandy, and obliged the king to +have recourse to arms, in order to suppress the insurrection of his +vassals. He summoned together the barons of England, and required +them to pass the sea under his standard, and to quell the rebels: he +found that he possessed as little authority in that kingdom as in his +transmarine provinces. The English barons unanimously replied, that +they would not attend him on this expedition, unless he would promise +to restore and preserve their privileges [h]: the first symptom of a +regular association and plan of liberty among those noblemen! but +affairs were not yet fully ripe for the revolution projected. John, +by menacing the barons, broke the concert; and both engaged many of +them to follow him into Normandy, and obliged the rest who stayed +behind to pay him a scutage of two marks on each knight's fee, as the +price of their exemption from the service. +[FN [h] Annal. Burton, p. 262.] + +The force which John carried abroad with him, and that which joined +him in Normandy, rendered him much superior to his malecontent barons; +and so much the more as Philip did not publicly give them any +countenance, and seemed as yet determined to persevere steadily in the +alliance which he had contracted with England. But the king, elated +with his superiority, advanced claims which gave an universal alarm to +his vassals, and diffused still wider the general discontent. As the +jurisprudence of those times required that the causes in the lords' +court should chiefly be decided by duel, he carried along with him +certain bravos, whom he retained as champions, and whom he destined to +fight with his barons, in order to determine any controversy which he +might raise against them [i]. The Count de la Marche, and other +noblemen, regarded this proceeding as an affront, as well as an +injury; and declared that they would never draw their swords against +men of such inferior quality. The king menaced them with vengeance; +but he had not vigour to employ against them the force in his hands, +or to prosecute the injustice, by crushing entirely the nobles who +opposed it. +[FN [i] Ibid.] + +[MN War with France.] +This government, equally feeble and violent, gave the injured barons +courage, as well as inclination, to carry farther their opposition; +they appealed to the King of France; complained of the denial of +justice in JohnÂ’s court; demanded redress from him as their superior +lord; and entreated him to employ his authority, and prevent their +final ruin and oppression. [MN 1202.] Philip perceived his +advantage, opened his mind to great projects, interposed in behalf of +the French barons, and began to talk in a high and menacing style to +the King of England. John, who could not disavow Philip's authority, +replied, that it belonged to himself first to grant them a trial by +their peers in his own court; it was not till he failed in this duty +that he was answerable to his peers in the supreme court of the French +king [k]; and he promised, by a fair and equitable judicature, to give +satisfaction to his barons. When the nobles, in consequence of this +engagement, demanded a safe conduct, that they might attend his court, +he at first refused it; upon the renewal of Philip's menaces, he +promised to grant their demand; he violated this promise; fresh +menaces extorted from him a promise to surrender to Philip the +fortresses of Tillieres and Boutavant, as a security for performance; +he again violated his engagement; his enemies, sensible both of his +weakness and want of faith, combined still closer in the resolution of +pushing him to extremities; and a new and powerful ally soon appeared +to encourage them in their invasion of this odious and despicable +government. +[FN [k] Philipp. lib. vi.] + +[MN 1203.] The young Duke of Britany, who was now rising to manÂ’s +estate, sensible of the dangerous character of his uncle, determined +to seek both his security and elevation by a union with Philip and the +malecontent barons. He joined the French army, which had begun +hostilities against the King of England: he was received with great +marks of distinction by Philip; was knighted by him; espoused his +daughter Mary; and was invested not only in the duchy of Britany, but +in the counties of Anjou and Maine, which he had formerly resigned to +his uncle [l]. Every attempt succeeded with the allies. Tillieres +and Boutavant were taken by Philip, after making a feeble defence: +Mortimar and Lyons fell into his hands almost without resistance. +That prince next invested Gournai; and opening the sluices of a lake +which lay in the neighbourhood, poured such a torrent of water into +the place, that the garrison deserted it, and the French monarch, +without striking a blow, made himself master of that important +fortress. The progress of the French arms was rapid, and promised +more considerable success than usually in that age attended military +enterprises. In answer to every advance which the king made towards +peace, Philip still insisted that he should resign all his transmarine +dominions to his nephew, and rest contented with the kingdom of +England; when an event happened which seemed to turn the scales in +favour of John, and to give him a decisive superiority over his +enemies. +[FN [l] Trivet, p. 142.] + +Young Arthur, fond of military renown, had broken into Poictou at the +head of a small army; and passing near Mirebeau, he heard that his +grandmother, Queen Eleanor, who had always opposed his interests, was +lodged in that place, and was protected by a weak garrison and ruinous +fortifications [m]. He immediately determined to lay siege to the +fortress, and make himself master of her person: but John, roused from +his indolence by so pressing an occasion, collected an army of English +and Brabancons, and advanced from Normandy with hasty marches to the +relief of the queen-mother. He fell on Arthur's camp before that +prince was aware of the danger; dispersed his army; took him prisoner, +together with the Count de la Marche, Geoffrey de Lusignan, and the +most considerable of the revolted barons; and returned in triumph to +Normandy [n]. [MN 1st Aug.] Philip, who was lying before Arques in +that duchy, raised the siege, and retired upon his approach [o]. The +greater part of the prisoners were sent over to England; but Arthur +was shut up in the castle of Falaise. +[FN [m] Ann. Waverl. p. 167. M. West. p. 264. [n] Ann. Marg. p. 213. +M. West. p. 264. [o] M. West. p. 264.] + +The king had here a conference with his nephew; represented to him the +folly of his pretensions; and required him to renounce the French +alliance, which had encouraged him to live in a state of enmity with +all his family: but the brave, though imprudent youth, rendered more +haughty from misfortunes, maintained the justice of his cause; +asserted his claim not only to the French provinces, but to the crown +of England; and in his turn, required the king to restore the son of +his elder brother to the possession of his inheritance [p]. John, +sensible from these symptoms of spirit that the young prince, though +now a prisoner, might hereafter prove a dangerous enemy, determined to +prevent all future peril by despatching his nephew; and Arthur was +never more heard of. [MN 1203. Murder of Arthur, Duke of Britany.] +The circumstances which attended this deed of darkness were, no doubt, +carefully concealed by the actors, and are variously related by +historians: but the most probable account is as follows: the king, it +is said, first proposed to William de la Bray, one of his servants, to +despatch Arthur; but William replied that he was a gentleman, not a +hangman; and he positively refused compliance. Another instrument of +murder was found, and was despatched with proper orders to Falaise; +but Hubert de Bourg, chamberlain to the king, and constable of the +castle, feigning that he himself would execute the king's mandate, +sent back the assassin, spread the report that the young prince was +dead, and publicly performed all the ceremonies of his interment; but +finding that the Bretons vowed revenge for the murder, and that all +the revolted barons persevered more obstinately in their rebellion, he +thought it prudent to reveal the secret, and to inform the world that +the Duke of Britany was still alive, and in his custody. This +discovery proved fatal to the young prince: John first removed him to +the castle of Rouen; and coming in a boat, during the night-time, to +that place, commanded Arthur to be brought forth to him. The young +prince, aware of his danger, and now more subdued by the continuance +of his misfortunes, and by the approach of death, threw himself on his +knees before his uncle, and begged for mercy: but the barbarous +tyrant, making no reply, stabbed him with his own hands; and fastening +a stone to the dead body, threw it into the Seine. +[FN [p] Ibid. p. 264.] + +All men were struck with horror at this inhuman deed; and from that +moment the king, detested by his subjects, retained a very precarious +authority over both the people and the barons in his dominions. The +Bretons, enraged at this disappointment in their fond hopes, waged +implacable war against him; and fixing the succession of their +government, put themselves in a posture to revenge the murder of their +sovereign. John had got into his power his niece, Eleanor, sister to +Arthur, commonly called THE DAMSEL OF BRITANY; and carrying her over +to England, detained her ever after in captivity [q]; but the Bretons, +in despair of recovering this princess, chose Alice for their +sovereign; a younger daughter of Constantia, by her second marriage +with Guy de Thouars; and they intrusted the government of the duchy to +that nobleman. The states of Britany, meanwhile, carried their +complaints before Philip, as their liege lord, and demanded justice +for the violence committed by John on the person of Arthur, so near a +relation, who, notwithstanding the homage which he did to Normandy, +was always regarded as one of the chief vassals of the crown. Philip +received their application with pleasure; summoned John to stand a +trial before him, and on his non-appearance passed sentence, with the +concurrence of the peers, upon that prince; declared him guilty of +felony and parricide; and adjudged him to forfeit to his superior lord +all his seignories and fiefs in France [r]. +[FN [q] Trivet, p. 145. T. Wykes, p. 36. Ypod. Neust. p. 459. [r] +W. Heming, p. 455. M. West. p. 264. Knyghton, p. 2420.] + +[MN The King expelled from the French provinces.] +The King of France, whose ambitious and active spirit had been +hitherto confined, either by the sound policy of Henry, or the martial +genius of Richard, seeing now the opportunity favourable against this +base and odious prince, embraced the project of expelling the English, +or rather the English king, from France, and of annexing to the crown +so many considerable fiefs, which, during several ages, had been +dismembered from it. Many of the other great vassals, whose jealousy +might have interposed, and have obstructed the execution of this +project, were not at present in a situation to oppose it; and the rest +either looked on with indifference, or gave their assistance to this +dangerous aggrandizement of their superior lord. The Earls of +Flanders and Blois were engaged in the holy war: the Count of +Champagne was an infant, and under the guardianship of Philip: the +duchy of Britany, enraged at the murder of their prince, vigorously +promoted all his measures: and the general defection of John's vassals +made every enterprise easy and successful against him. Philip, after +taking several castles and fortresses beyond the Loire, which he +either garrisoned or dismantled, received the submissions of the Count +of Alencon, who deserted John, and delivered up all the places under +his command to the French: upon which Philip broke up his camp, in +order to give the troops some repose after the fatigues of the +campaign. John, suddenly recollecting some forces, laid siege to +Alencon; and Philip, whose dispersed army could not be brought +together in time to succour it, saw himself exposed to the disgrace of +suffering the oppression of his friend and confederate. But his +active and fertile genius found an expedient against this evil. There +was held at that very time a tournament at Moret, in the Gatinois; +whither all the chief nobility of France and the neighbouring +countries had resorted, in order to signalize their prowess and +address. Philip presented himself before them; craved their +assistance in his distress; and pointed out the plains of Alencon, as +the most honourable field in which they could display their generosity +and martial spirit. Those valorous knights vowed that they would take +vengeance on the base parricide, the stain of arms and of chivalry; +and putting themselves, with all their retinue, under the command of +Philip, instantly marched to raise the siege of Alencon. John, +hearing of their approach, fled from before the place; and, in the +hurry, abandoned all his tents, machines, and baggage, to the enemy. + +This feeble effort was the last exploit of that slothful and cowardly +prince for the defence of his dominions. He thenceforth remained in +total inactivity at Rouen; passing all his time with his young wife in +pastimes and amusements, as if his state had been in the most profound +tranquillity, or his affairs in the most prosperous condition. If he +ever mentioned war, it was only to give himself vaunting airs, which, +in the eyes of all men, rendered him still more despicable and +ridiculous. LET THE FRENCH GO ON, said he, I WILL RETAKE IN A DAY +WHAT IT HAS COST THEM YEARS TO ACQUIRE [s]. His stupidity and +indolence appeared so extraordinary, that the people endeavoured to +account for the infatuation by sorcery, and believed that he was +thrown into this lethargy by some magic or witchcraft. The English +barons, finding that their time was wasted to no purpose, and that +they must suffer the disgrace of seeing, without resistance, the +progress of the French arms, withdrew from their colours, and secretly +returned to their own country [t]. No one thought of defending a man +who seemed to have deserted himself; and his subjects regarded his +fate with the same indifference to which in this pressing exigency +they saw him totally abandoned. +[FN [s] M. Paris, p. 146. M. West. p. 266. [t] M. Paris, p. 146. M. +West. p. 264.] + +John, while he neglected all domestic resources, had the meanness to +betake himself to a foreign power, whose protection he claimed: he +applied to the pope, Innocent III., and entreated him to interpose his +authority between him and the French monarch. Innocent, pleased with +any occasion of exerting his superiority, sent Philip orders to stop +the progress of his arms, and to make peace with the King of England. +But the French barons received the message with indignation; +disclaimed the temporal authority assumed by the pontiff; and vowed +that they would, to the uttermost, assist their prince against all his +enemies; Philip, seconding their ardour, proceeded, instead of obeying +the pope's envoys, to lay siege to Chateau Gaillard, the most +considerable fortress which remained to guard the frontiers of +Normandy. + +[MN 1204.] Chateau Gaillard was situated partly on an island in the +river Seine, partly on a rock opposite to it; and was secured by every +advantage which either art or nature could bestow upon it. The late +king, having cast his eye on this favourable situation, had spared no +labour or expense in fortifying it; and it was defended by Roger de +Laci, Constable of Chester, a determined officer, at the head of a +numerous garrison. Philip, who despaired of taking the place by +force, purposed to reduce it by famine; and, that he might cut off its +communication with the neighbouring country, he threw a bridge across +the Seine, while he himself, with his army, blockaded it by land. The +Earl of Pembroke, the man of greatest vigour and capacity in the +English court, formed a plan for breaking through the French +intrenchments, and throwing relief into the place. He carried with +him an army of four thousand infantry and three thousand cavalry, and +suddenly attacked, with great success, Philip's camp in the +night-time; having left orders that a fleet of seventy flat-bottomed +vessels should sail up the Seine, and fall at the same instant on the +bridge. But the wind and the current of the river, by retarding the +vessels, disconcerted this plan of operations; and it was morning +before the fleet appeared; when Pembroke, though successful in the +beginning of the action, was already repulsed with considerable loss, +and the King of France had leisure to defend himself against these new +assailants, who also met with a repulse. After this misfortune, John +made no farther efforts for the relief of Chateau Gaillard; and Philip +had all the leisure requisite for conducting and finishing the siege. +Roger de Laci defended himself for a twelvemonth with great obstinacy; +and having bravely repelled every attack, and patiently borne all the +hardships of famine, he was at last overpowered by a sudden assault in +the night-time, and made prisoner of war, with his garrison [u]. +Philip, who knew how to respect valour even in an enemy, treated him +with civility, and gave him the whole city of Paris for the place of +his confinement. +[FN [u] Trivet, p. 144. Gul. Britto, lib. 7. Ann. Waverl. p. 168.] + +When this bulwark of Normandy was once subdued, all the province lay +open to the inroads of Philip; and the King of England despaired of +being any longer able to defend it. He secretly prepared vessels for +a scandalous flight, and that the Normans might no longer doubt of his +resolution to abandon them, he ordered the fortifications of Pont de +l'Arche, Molineaux, and Montfort l'Amauri, to be demolished. Not +daring to repose confidence in any of his barons, whom he believed to +be universally engaged in a conspiracy against him, he intrusted the +government of the province to Archas Martin and Lupicaire, two +mercenary Brabancons, whom he had retained in his service. Philip, +now secure of his prey, pushed his conquests with vigour and success +against the dismayed Normans. Falaise was first besieged; and +Lupicaire, who commanded in this impregnable fortress, after +surrendering the place, enlisted himself with his troops in the +service of Philip, and carried on hostilities against his ancient +master. Caen, Coutance, Seez, Evreux, Baieux, soon fell into the +hands of the French monarch, and all the Lower Normandy was reduced +under his dominion. To forward his enterprises on the other division +of the province, Gui de Thouars, at the head of the Bretons, broke +into the territory, and took Mount St. Michael, Avranches, and all the +other fortresses in that neighbourhood. The Normans, who abhorred the +French yoke, and who would have defended themselves to the last +extremity if their prince had appeared to conduct them, found no +resource but in submission; and every city opened its gates as soon as +Philip appeared before it. [MN 1205.] Rouen alone, Arques, and +Verneuil, determined to maintain their liberties, and formed a +confederacy for mutual defence. Philip began with the siege of Rouen: +the inhabitants were so inflamed with hatred to France, that, on the +appearance of his army, they fell on all the natives of that country +whom they found within their walls, and put them to death. But after +the French king had begun his operations with success, and had taken +some of their outworks, the citizens, seeing no resource, offered to +capitulate; and demanded only thirty days to advertise their prince of +their danger, and to require succours against the enemy. [MN 1st +June.] Upon the expiration of the term, as no supply had arrived, +they opened their gates to Philip [w]; and the whole province soon +after imitated the example, and submitted to the victor. Thus was +this important territory re-united to the crown of France, about three +centuries after the cession of it by Charles the Simple to Rollo, the +first duke: and the Normans, sensible that this conquest was probably +final, demanded the privilege of being governed by French laws; which +Philip, making a few alterations on the ancient Norman customs, +readily granted them. But the French monarch had too much ambition +and genius to stop in his present career of success. He carried his +victorious army into the western provinces; soon reduced Anjou, Maine, +Touraine, and part of Poictou [x]; and in this manner the French +crown, during the reign of one able and active prince, received such +an accession of power and grandeur, as in the ordinary course of +things, it would have required several ages to attain. +[FN [w] Trivet. p. 147. Ypod. Neust. p. 459. [x] Trivet, p. 149.] + +John, on his arrival in England, that he might cover the disgrace of +his own conduct, exclaimed loudly against his barons, who, he +pretended, had deserted his standard in Normandy; and he arbitrarily +extorted from them a seventh of all their moveables, as a punishment +for the offence [y]. Soon after he forced them to grant him a scutage +of two marks and a half on each knight's fee for an expedition into +Normandy; but he did not attempt to execute the service for which he +pretended to exact it. Next year he summoned all the barons of his +realm to attend him on this foreign expedition, and collected ships +from all the sea-ports; but meeting with opposition from some of his +ministers, and abandoning his design, he dismissed both fleet and +army, and then renewed his exclamations against the barons for +deserting him. He next put to sea with a small army, and his subjects +believed that he was resolved to expose himself to the utmost hazard +for the defence and recovery of his dominions: but they were +surprised, after a few days, to see him return again into harbour, +without attempting any thing. [MN 1206.] In the subsequent season, +he had the courage to carry his hostile measures a step farther. Gui +de Thouars, who governed Britany, jealous of the rapid progress made +by his ally, the French king, promised to join the King of England +with all his forces; and John ventured abroad with a considerable +army, and landed at Rochelle. He marched to Angers, which he took and +reduced to ashes. But the approach of Philip with an army threw him +into a panic; and he immediately made proposals for peace, and fixed a +place of interview with his enemy: but instead of keeping his +engagement, he stole off with his army, embarked at Rochelle, and +returned, loaded with new shame and disgrace, into England. The +mediation of the pope, procured him at last a truce for two years with +the French monarch [z]; almost all the transmarine provinces were +ravished from him; and his English barons, though harassed with +arbitrary taxes and fruitless expeditions, saw themselves and their +country baffled and affronted in every enterprise. +[FN [y] M. Paris, p. 146. M. West. p. 265. [z] Rymer, vol. i. p. +141.] + +In an age when personal valour was regarded as the chief +accomplishment, such conduct as that of John, always disgraceful, must +be exposed to peculiar contempt; and he must thenceforth have expected +to rule his turbulent vassals with a very doubtful authority. But the +government exercised by the Norman princes had wound up the royal +power to so high a pitch, and so much beyond the usual tenour of the +feudal constitutions, that it still behoved him to be debased by new +affronts and disgraces, ere his barons could entertain the view of +conspiring against him, in order to retrench his prerogatives. The +church, which at that time declined not a contest with the most +powerful and vigorous monarchs, took first advantage of John's +imbecility; and, with the most aggravating circumstances of insolence +and scorn, fixed her yoke upon him. + +[MN 1207. The kingÂ’s quarrel with the court of Rome.] +The papal chair was then filled by Innocent III., who, having attained +that dignity at the age of thirty-seven years, and being endowed with +a lofty and enterprising genius, gave full scope to his ambition, and +attempted, perhaps more openly than any of his predecessors, to +convert that superiority which was yielded him by all the European +princes into a real dominion over them. The hierarchy, protected by +the Roman pontiff, had already carried to an enormous height its +usurpations upon the civil power; but in order to extend them farther, +and render them useful to the court of Rome, it was necessary to +reduce the ecclesiastics themselves under an absolute monarchy, and to +make them entirely dependent on their spiritual leader. For this +purpose, Innocent first attempted to impose taxes at pleasure upon the +clergy; and in the first year of this century, taking advantage of the +popular frenzy for crusades, he sent collectors over all Europe, who +levied, by his authority, the fortieth of all ecclesiastical revenues +for the relief of the Holy Land, and received the voluntary +contributions of the laity to a like amount [a]. The same year +Hubert, Archbishop of Canterbury, attempted another innovation, +favourable to ecclesiastical and papal power: in the king's absence, +he summoned, by his legatine authority, a synod of all the English +clergy, contrary to the inhibition of Geoffrey Fitz-Peter, the chief +justiciary; and no proper censure was ever passed on this +encroachment, the first of the kind, upon the royal power. But a +favourable incident soon after happened, which enabled so aspiring a +pontiff as Innocent to extend still farther his usurpations on so +contemptible a prince as John. +[FN [a] Rymer, vol. i. p. 119.] + +Hubert the primate died in 1205; and as the monks or canons of Christ- +Church, Canterbury, possessed a right of voting in the election of +their archbishop, some of the juniors of the order, who lay in wait +for that event, met clandestinely the very night of Hubert's death, +and, without any congé d'élire from the king, chose Reginald, their +sub-prior, for the successor; installed him in the archiepiscopal +throne before midnight; and, having enjoined him the strictest +secrecy, sent him immediately to Rome, in order to solicit the +confirmation of his election [b]. The vanity of Reginald prevailed +over his prudence; and he no sooner arrived in Flanders, than he +revealed to every one the purpose of his journey, which was +immediately known in England [c]. The king was enraged at the novelty +and temerity of the attempt, in filling so important an office without +his knowledge or consent: the suffragan bishops of Canterbury, who +were accustomed to concur in the choice of their primate, were no less +displeased at the exclusion given them in this election: the senior +monks of Christ-Church were injured by the irregular proceedings of +their juniors: the juniors themselves, ashamed of their conduct, and +disgusted with the levity of Reginald, who had broken his engagements +with them, were willing to set aside his election [d]: and all men +concurred in the design of remedying the false measures which had been +taken. But as John knew that this affair would be canvassed before a +superior tribunal, where the interposition of royal authority in +bestowing ecclesiastical benefices was very invidious; where even the +cause of suffragan bishops was not so favourable as that of monks; he +determined to make the new election entirely unexceptionable: he +submitted the affair wholly to the canons of Christ-Church, and, +departing from the right claimed by his predecessors, ventured no +farther than to inform them privately, that they would do him an +acceptable service if they chose John de Gray, Bishop of Norwich, for +their primate [e]. The election of that prelate was accordingly made +without a contradictory vote; and the king, to obviate all contests, +endeavoured to persuade the suffragan bishops not to insist on their +claim of concurring in the election; but those prelates, persevering +in their pretensions, sent an agent to maintain their cause before +Innocent; while the king and the convent of Christ-Church, despatched +twelve monks of that order to support, before the same tribunal, the +election of the Bishop of Norwich. +[FN [b] M. Paris, p. 148. M. West. p. 266. [c] Ibid. [d] M. West. +p. 266. [e] M. Paris, p. 149. M. West. p. 266.] + +Thus there lay three different claims before the pope, whom all +parties allowed to be the supreme arbiter in the contest. The claim +of the suffragans, being so opposite to the usual maxims of the papal +court, was soon set aside: the election of Reginald was so obviously +fraudulent and irregular, that there was no possibility of defending +it; but Innocent maintained that, though this election was null and +invalid, it ought previously to have been declared such by the +sovereign pontiff, before the monks could proceed to a new election; +and that the choice of the Bishop of Norwich was of course as +uncanonical as that of his competitor [f]. Advantage was therefore +taken of this subtlety for introducing a precedent, by which the see +of Canterbury, the most important dignity in the church after the +papal throne, should ever after be at the disposal of the court of +Rome. +[FN [f] M. Paris, p. 155. Chron. de Mailr. p. 182.] + +While the pope maintained so many fierce contests, in order to wrest +from princes the right of granting investitures, and to exclude laymen +from all authority in conferring ecclesiastical benefices, he was +supported by the united influence of the clergy, who, aspiring to +independence, fought with all the ardour of ambition, and all the zeal +of superstition, under his sacred banners. But no sooner was this +point, after a great effusion of blood, and the convulsions of many +states, established in some tolerable degree, than the victorious +leader, as is usual, turned his arms against his own community, and +aspired to centre all power in his person. By the invention of +reserves, provisions, commendants, and other devices, the pope +gradually assumed the right of filling vacant benefices; and the +plenitude of his apostolic power, which was not subject to any +limitations, supplied all defects of title in the person on whom he +bestowed preferment. The canons which regulated elections were +purposely rendered intricate and involved: frequent disputes arose +among candidates: appeals were every day carried to Rome: the +apostolic see, besides reaping pecuniary advantages from these +contests, often exercised the power of setting aside both the +litigants, and, on pretence of appeasing faction, nominated a third +person, who might be more acceptable to the contending parties. + +The present controversy about the election to the see of Canterbury +afforded Innocent an opportunity of claiming this right; and he failed +not to perceive and avail himself of the advantage. He sent for the +twelve monks deputed by the convent to maintain the cause of the +Bishop of Norwich; and commanded them, under the penalty of +excommunication, to choose for their primate Cardinal Langton, an +Englishman by birth, but educated in France, and connected, by his +interest and attachments, with the see of Rome [g]. [MN Cardinal +Langton appointed Archbishop of Canterbury.] In vain did the monks +represent, that they had received from their convent no authority for +this purpose; that an election, without a previous writ from the king, +would be deemed highly irregular; and that they were merely agents for +another person, whose right they had no power or pretence to abandon. +None of them had the courage to persevere in this opposition, except +one, Elias de Brantefield: all the rest, overcome by the menaces and +authority of the pope, complied with his orders, and made the election +required of them. +[FN [g] M. Paris, p. 155. Ann. Waverl. p. 169. W. Heming. p. 553. +Knyghton, p. 2415.] + +Innocent, sensible that this flagrant usurpation would be highly +resented by the court of England, wrote John a mollifying letter; sent +him four golden rings set with precious stones; and endeavoured to +enhance the value of the present by informing him of the many +mysteries implied in it. He begged him to consider seriously the FORM +of the rings, their NUMBER, their MATTER, and their COLOUR. Their +form, he said, being round, shadowed out eternity, which had neither +beginning nor end; and he ought thence to learn his duty of aspiring +from earthly objects to heavenly, from things temporal to things +eternal. The number four, being a square, denoted steadiness of mind, +not to be subverted either by adversity or prosperity, fixed for ever +on the firm basis of the four cardinal virtues. Gold, which is the +matter, being the most precious of metals, signified wisdom, which is +the most valuable of all accomplishments, and justly preferred by +Solomon to riches, power, and all exterior attainments. The blue +colour of the sapphire represented faith; the verdure of the emerald, +hope; the redness of the ruby, charity; and the splendour of the +topaz, good works [h]. By these conceits Innocent endeavoured to +repay John for one of the most important prerogatives of his crown, +which he had ravished from him; conceits probably admired by Innocent +himself: for it is easily possible for a man, especially in a +barbarous age, to unite strong talents for business with an absurd +taste for literature and the arts. +[FN [h] Rymer, vol. i. p. 139. M. Paris, p. 155.] + +John was inflamed with the utmost rage when he heard of this attempt +of the court of Rome [i]; and he immediately vented his passion on the +monks of Christ-Church, whom he found inclined to support the election +made by their fellows at Rome. He sent Fulke de Cantelupe, and Henry +de Cornhulle, two knights of his retinue, men of violent tempers and +rude manners, to expel them the convent, and take possession of their +revenues. These knights entered the monastery with drawn swords, +commanded the prior and the monks to depart the kingdom, and menaced +them, that, in case of disobedience, they would instantly burn them +with the convent [k]. Innocent, prognosticating, from the violence +and imprudence of these measures, that John would finally sink in the +contest, persevered the more vigorously in his pretensions, and +exhorted the king not to oppose God and the church any longer, nor to +prosecute that cause for which the holy martyr, St. Thomas, had +sacrificed his life, and which had exalted him equal to the highest +saints in heaven [l]: a clear hint to John to profit by the example of +his father; and to remember the prejudices and established principles +of his subjects, who bore a profound veneration to that martyr, and +regarded his merits as the subject of their chief glory and +exultation. +[FN [i] Rymer, vol. i. p. 143. [k] M. Paris, p. 156. Trivet, p. 151. +Ann. Waverl. p. 169. [l] M. Paris, p. 157.] + +Innocent, finding that John was not sufficiently tamed to submission, +sent three prelates, the Bishops of London, Ely, and Worcester, to +intimate, that if he persevered in his disobedience, the sovereign +pontiff would be obliged to lay the kingdom under an interdict [m]. +All the other prelates threw themselves on their knees before him, and +entreated him, with tears in their eyes, to prevent the scandal of +this sentence, by making a speedy submission to his spiritual father, +by receiving from his hands the new-elected primate, and by restoring +the monks of Christ-Church to all their rights and possessions. He +burst out into the most indecent invectives against the prelates; +swore by God's teeth, (his usual oath,) that if the pope presumed to +lay his kingdom under an interdict, he would send to him all the +bishops and clergy of England, and would confiscate all their estates; +and threatened that, if thenceforth he caught any Romans in his +dominions, he would put out their eyes and cut off their noses, in +order to set a mark upon them which might distinguish them from all +other nations [n]. Amidst all this idle violence, John stood on such +bad terms with his nobility, that he never dared to assemble the +states of the kingdom, who, in so just a cause, would probably have +adhered to any other monarch, and have defended with vigour the +liberties of the nation against these palpable usurpations of the +court of Rome. [MN Interdict of the kingdom.] Innocent, therefore, +perceiving the king's weakness, fulminated at last the sentence of +interdict, which he had for some time held suspended over him [o]. +[FN [m] Ibid. [n] Ibid. [o] M. Paris, p. 157. Trivet, p. 152. Ann. +Waverl. p. 170. M. West. p. 268.] + +The sentence of interdict was at that time the great instrument of +vengeance and policy employed by the court of Rome; was denounced +against sovereigns for the lightest offences; and made the guilt of +one person involve the ruin of millions, even in their spiritual and +eternal welfare. The execution of it was calculated to strike the +senses in the highest degree, and to operate with irresistible force +on the superstitious minds of the people. The nation was of a sudden +deprived of all exterior exercise of its religion: the altars were +despoiled of their ornaments: the crosses, the relics, the images, the +statues of the saints, were laid on the ground; and, as if the air +itself were profaned, and might pollute them by its contact, the +priests carefully covered them up, even from their own approach and +veneration. The use of bells entirely ceased in all the churches: the +bells themselves were removed from the steeples, and laid on the +ground with the other sacred utensils. Mass was celebrated with shut +doors, and none but the priests were admitted to that holy +institution. The laity partook of no religious rite, except baptism +to new-born infants, and the communion to the dying: the dead were not +interred in consecrated ground: they were thrown into ditches, or +buried in common fields; and their obsequies were not attended with +prayers or any hallowed ceremony. Marriage was celebrated in the +church-yard [p]; and that every action in life might bear the marks of +this dreadful situation, the people were prohibited the use of meat, +as in Lent, or times of the highest penance; were debarred from all +pleasures and entertainments; and were forbidden even to salute each +other, or so much as to shave their beards, and give any decent +attention to their person and apparel. Every circumstance carried +symptoms of the deepest distress, and of the most immediate +apprehension of divine vengeance and indignation. +[FN [p] Chron. Dunst. vol. i. p. 51.] + +The king, that he might oppose HIS temporal to THEIR spiritual +terrors, immediately, from his own authority, confiscated the estates +of all the clergy who obeyed the interdict [q]; banished the prelates, +confined the monks in their convent, and gave them only such a small +allowance from their own estates as would suffice to provide them with +food and raiment. He treated with the utmost rigour all Langton's +adherents, and every one that showed any disposition to obey the +commands of Rome; and in order to distress the clergy in the tenderest +point, and at the same time expose them to reproach and ridicule, he +threw into prison all their concubines, and required high fines as the +price of their liberty [r]. +[FN [q] Ann. Waverl. p. 170. [r] M. Paris, p. 158. Ann. Waverl. p. +170.] + +After the canons which established the celibacy of the clergy were, by +the zealous endeavours of Archbishop Anselm, more rigorously executed +in England, the ecclesiastics gave, almost universally, and avowedly, +in to the use of concubinage; and the court of Rome, which had no +interest in prohibiting this practice, made very slight opposition to +it. The custom was become so prevalent, that, in some cantons of +Switzerland, before the reformation, the laws not only permitted, but, +to avoid scandal, enjoined the use of concubines to the younger clergy +[s]; and it was usual every where for priests to apply to the +ordinary, and obtain from him a formal liberty for this indulgence. +The bishop commonly took care to prevent the practice from +degenerating into licentiousness: he confined the priest to the use of +one woman, required him to be constant to her bed, obliged him to +provide for her subsistence and that of her children; and though the +offspring was, in the eye of the law, deemed illegitimate, this +commerce was really a kind of inferior marriage, such as is still +practised in Germany among the nobles; and may be regarded by the +candid as an appeal from the tyranny of civil and ecclesiastical +institutions, to the more virtuous and more unerring laws of nature. +[FN [s] Padre Paolo, Hist. Conc. Trid. lib. I.] + +The quarrel between the king and the see of Rome continued for some +years; and though many of the clergy, from the fear of punishment, +obeyed the orders of John, and celebrated divine service, they +complied with the utmost reluctance, and were regarded, both by +themselves and the people, as men who betrayed their principles, and +sacrificed their conscience to temporal regards and interests. During +this violent situation, the king, in order to give a lustre to his +government, attempted military expeditions against Scotland, against +Ireland, against the Welsh [t]; and he commonly prevailed, more from +the weakness of his enemies, than from his own vigour or abilities. +Meanwhile, the danger to which his government stood continually +exposed from the discontents of the ecclesiastics increased his +natural propension to tyranny; and he seems to have even wantonly +disgusted all orders of men, especially his nobles, from whom alone he +could reasonably expect support and assistance. He dishonoured their +families by his licentious amours; he published edicts, prohibiting +them from hunting feathered game, and thereby restrained them from +their favourite occupation and amusement [u]; he ordered all the +hedges and fences near his forests to be levelled, that his deer might +have more ready access into the fields for pasture; and he continually +loaded the nation with arbitrary impositions. [MN 1208.] Conscious +of the general hatred which he had incurred, he required his nobility +to give him hostages for security of their allegiance; and they were +obliged to put into his hands their sons, nephews, or near relations. +When his messengers came with like orders to the castle of William de +Braouse, a baron of great note, the lady of that nobleman replied, +that she would never intrust her son into the hands of one who had +murdered his own nephew while in his custody. Her husband reproved +her for the severity of this speech; but, sensible of his danger, he +immediately fled with his wife and son into Ireland, where he +endeavoured to conceal himself. The king discovered the unhappy +family in their retreat; seized the wife and son, whom he starved to +death in prison; and the baron himself narrowly escaped, by flying +into France. +[FN [t] W. Heming. p. 556. Ypod. Neust, p. 460. Knyghton, p. 2420. +[u] M. West. p. 268.] + +[MN 1209.] The court of Rome had artfully contrived a gradation of +sentences, by which it kept offenders in awe; still affording them an +opportunity of preventing the next anathema by submission; and in case +of their obstinacy, was able to refresh the horror of the people +against them by new denunciations of the wrath and vengeance of +Heaven. As the sentence of interdict had not produced the desired +effect on John, and as his people, though extremely discontented, had +hitherto been restrained from rising in open rebellion against him, he +was soon to look for the sentence of excommunication; and he had +reason to apprehend, that, notwithstanding all his precautions, the +most dangerous consequences might ensue from it. He was witness of +the other scenes, which, at that very time, were acting in Europe, and +which displayed the unbounded and uncontrolled power of the papacy. +Innocent, far from being dismayed at his contests with the King of +England, had excommunicated the Emperor Otho, John's nephew [w]; and +soon brought that powerful and haughty prince to submit to his +authority. He published a crusade against the Abigenses, a species of +enthusiasts in the south of France, whom he denominated heretics, +because, like other enthusiasts, they neglected the rites of the +church, and opposed the power and influence of the clergy: the people +from all parts of Europe, moved by their superstition and their +passion for wars and adventures, flocked to his standard: Simon de +Montfort, the general of the crusade, acquired to himself a +sovereignty in these provinces: the Count of Toulouse, who protected, +or perhaps only tolerated the Albigenses, was stripped of his +dominions: and these sectaries themselves, though the most innocent +and inoffensive of mankind, were exterminated with all the +circumstances of extreme violence and barbarity. Here were therefore +both an army and a general, dangerous from their zeal and valour, who +might be directed to act against John; and Innocent, after keeping the +thunder long suspended, gave, at last, authority to the Bishops of +London, Ely, and Worcester, to fulminate the sentence of +excommunication against him [x]. [MN Excommunication of the king.] +These prelates obeyed; though their brethren were deterred from +publishing, as the pope required of them, the sentence in the several +churches of their dioceses. +[FN [w] M. Paris, p. 160. Trivet, p. 154. M. West. p. 269. [x] M. +Paris, p. 159. M. West. p. 270.] + +No sooner was the excommunication known, than the effects of it +appeared. Geoffrey, Archdeacon of Norwich, who was intrusted with a +considerable office in the court of exchequer, being informed of it +while sitting on the bench, observed to his colleagues the danger of +serving under an excommunicated king; and he immediately left his +chair, and departed the court. John gave orders to seize him, to +throw him into prison, to cover his head with a great leaden cope; +and, by this and other severe usage, he soon put an end to his life +[y]: nor was there any thing wanting to Geoffrey, except the dignity +and rank of Becket, to exalt him to an equal station in heaven with +that great and celebrated martyr. Hugh de Wells, the chancellor, +being elected by the king's appointment Bishop of Lincoln, upon a +vacancy in that see, desired leave to go abroad, in order to receive +consecration from the Archbishop of Rouen; but he no sooner reached +France than he hastened to Pontigny, where Langton then resided, and +paid submissions to him as his primate. The bishops, finding +themselves exposed either to the jealousy of the king or hatred of the +people, gradually stole out of the kingdom; and, at last, there +remained only three prelates to perform the functions of the episcopal +office [z]. Many of the nobility, terrified by JohnÂ’s tyranny, and +obnoxious to him on different accounts, imitated the example of the +bishops; and most of the others who remained were, with reason, +suspected of having secretly entered into a confederacy against him +[a]. John was alarmed at his dangerous situation; a situation which +prudence, vigour, and popularity might formerly have prevented, but +which no virtues or abilities were now sufficient to retrieve. He +desired a conference with Langton at Dover; offered to acknowledge him +as primate, to submit to the pope, to restore the exiled clergy, even +to pay them a limited sum as a compensation for the rents of their +confiscated estates. But Langton, perceiving his advantage, was not +satisfied with these concessions: he demanded that full restitution +and reparation should be made to all the clergy; a condition so +exorbitant, that the king, who probably had not the power of +fulfilling it, and who foresaw that this estimation of damages might +amount to an immense sum, finally broke off the conference [b]. +[FN [y] M. Paris, p. 159. [z] Ann. Waverl. p. 170. Ann. Marg. p. 14. +[a] M. Paris, p. 162. M. West. p. 270, 271. [b] Ann. Waverl. p. +171.] + +[MN 1212.] The next gradation of papal sentences was to absolve +John's subjects from their oaths of fidelity and allegiance, and to +declare every one excommunicated who had any commerce with him in +public or in private; at his table, in his council, or even in private +conversation [c]; and this sentence was accordingly, with all +imaginable solemnity, pronounced against him. But as John still +persevered in his contumacy, there remained nothing but the sentence +of deposition; which, though intimately connected with the former, had +been distinguished from it by the artifice of the court of Rome; and +Innocent determined to dart this last thunderbolt against the +refractory monarch. But as a sentence of this kind required an armed +force to execute it, the pontiff, casting his eyes around, fixed at +last on Philip, King of France, as the person into whose powerful hand +he could most properly intrust that weapon, the ultimate resource of +his ghostly authority. And he offered the monarch, besides the +remission of all his sins and endless spiritual benefits, the property +and possession of the kingdom of England, as the reward of his labour +[d]. +[FN [c] M. Paris, p. 161. M. West. p. 270. [d] M. Paris, p. 162. M. +West. p. 271.] + +[MN 1213.] It was the common concern of all princes to oppose these +exorbitant pretensions of the Roman pontiff, by which they themselves +were rendered vassals, and vassals totally dependent, of the papal +crown: yet even Philip, the most able monarch of the age, was seduced +by present interest, and by the prospect of so tempting a prize, to +accept this liberal offer of the pontiff, and thereby to ratify that +authority which, if he ever opposed its boundless usurpations, might, +next day, tumble him from the throne. He levied a great army; +summoned all the vassals of the crown to attend him at Rouen; +collected a fleet of seventeen hundred vessels, great and small, in +the sea-ports of Normandy and Picardy; and partly from the zealous +spirit of the age, partly from the personal regard universally paid +him, prepared a force, which seemed equal to the greatness of his +enterprise. The king, on the other hand, issued out writs, requiring +the attendance of all his military tenants at Dover, and even of all +able-bodied men, to defend the kingdom in this dangerous extremity. A +great number appeared; and he selected an army of sixty thousand men; +a power invincible, had they been united in affection to their prince, +and animated with a becoming zeal for the defence of their native +country [e]. But the people were swayed by superstition, and regarded +their king with horror, as anathematized by papal censures: the +barons, besides lying under the same prejudices, were all disgusted by +his tyranny, and were, many of them, suspected of holding a secret +correspondence with the enemy; and the incapacity and cowardice of the +king himself, ill fitted to contend with those mighty difficulties, +made men prognosticate the most fatal effects from the French +invasion. +[FN [e] M. Paris, p. 163. M. West. p. 271.] + +Pandolf, whom the pope had chosen for his legate, and appointed to +head this important expedition, had, before he left Rome, applied for +a secret conference with his master, and had asked him, whether, if +the King of England, in this desperate situation, were willing to +submit to the apostolic see, the church should, without the consent of +Philip, grant him any terms of accommodation [f]! Innocent, expecting +from his agreement with a prince so abject both in character and +fortune, more advantages than from his alliance with a great and +victorious monarch, who, after such mighty acquisitions, might become +too haughty to be bound by spiritual chains, explained to Pandolf the +conditions on which he was willing to be reconciled to the King of +England. The legate, therefore, as soon as he arrived in the north of +France, sent over two Knights Templars to desire an interview with +John at Dover, which was readily granted: he there represented to him, +in such strong and probably in such true colours, his lost condition, +the disaffection of his subjects, the secret combination of his +vassals against him, the mighty armament of France, that John yielded +at discretion [g], and subscribed to all the conditions which Pandolf +was pleased to impose upon him. [MN 13th May. The kingÂ’s submission +to the pope.] He promised, among other articles, that he would submit +himself entirely to the judgment of the pope; that he would +acknowledge Langton for primate; that he would restore all the exiled +clergy and laity, who had been banished on account of the contest; +that he would make them full restitution of their goods, and +compensation for all damages, and instantly consign eight thousand +pounds in part of payment; and that every one outlawed or imprisoned +for his adherence to the pope should immediately be received into +grace and favour [h]. Four barons swore, along with the king, to the +observance of this ignominious treaty [i]. +[FN [f] M. Paris, p. 162. [g] M. West. p. 271. [h] Rymer, vol. i. p. +166. M. Paris, p. 163. Annal. Burt. p. 268. [i] Rymer, vol. i. p. +170. M. Paris, p. 163.] + +But the ignominy of the king was not yet carried to its full height. +Pandolf required him, as the first trial of obedience, to resign his +kingdom to the church; and he persuaded him, that he could nowise so +effectually disappoint the French invasion as by thus putting himself +under the immediate protection of the apostolic see. John, lying +under the agonies of present terror, made no scruple of submitting to +this condition. He passed a charter, in which he said, that, not +constrained by fear, but of his own free will, and by the common +advice and consent of his barons, he had, for remission of his own +sins, and those of his family, resigned England and Ireland, to God, +to St. Peter and St. Paul, and to Pope Innocent and his successors in +the apostolic chair: he agreed to hold these dominions as feudatory of +the church of Rome, by the annual payment of a thousand marks; seven +hundred for England, three hundred for Ireland: and he stipulated that +if he or his successors should ever presume to revoke or infringe this +charter, they should instantly, except upon admonition they repented +of their offence, forfeit all right to their dominions [k]. +[FN [k] Rymer, vol. i. p. 176. M. Paris, p. 165.] + +[MN 15th May.] In consequence of this agreement, John did homage to +Pandolf, as the pope's legate, with all the submissive rites which the +feudal law required of vassals before their liege lord and superior. +He came disarmed into the legate's presence, who was seated on a +throne; he flung himself on his knees before him; he lifted up his +joined hands, and put them within those of Pandolf; he swore fealty to +the pope; and he paid part of the tribute which he owed for his +kingdom as the patrimony of St. Peter. The legate, elated by this +supreme triumph of sacerdotal power, could not forbear discovering +extravagant symptoms of joy and exultation: he trampled on the money, +which was laid at his feet as an earnest of the subjection of the +kingdom; an insolence of which, however offensive to all the English, +no one present, except the Archbishop of Dublin, dared to take any +notice. But though Pandolf had brought the king to submit to these +base conditions, he still refused to free him from the excommunication +and interdict, till an estimation should be taken of the losses of the +ecclesiastics, and full compensation and restitution should be made +them. + +John, reduced to this abject situation under a foreign power, still +showed the same disposition to tyrannize over his subjects, which had +been the chief cause of all his misfortunes. One Peter of Pomfret, a +hermit, had foretold that the king, this very year, should lose his +crown; and for that rash prophecy he had been thrown into prison in +Corfe-castle. John now determined to bring him to punishment as an +impostor; and though the man pleaded that his prophecy was fulfilled, +and that the king had lost the royal and independent crown which he +formerly wore, the defence was supposed to aggravate his guilt: he was +dragged at horses' tails to the town of Warham, and there hanged on a +gibbet with his son [l]. +[FN [l] M. Paris, p. 165. Chron. Dunst. vol. i. p. 56.] + +When Pandolf, after receiving the homage of John, returned to France, +he congratulated Philip on the success of his pious enterprise; and +informed him that John, moved by the terror of the French arms, had +now come to a just sense of his guilt; had returned to obedience under +the apostolic see, and even consented to do homage to the pope for his +dominions; and having thus made his kingdom a part of St. Peter's +patrimony, had rendered it impossible for any Christian prince, +without the most manifest and most flagrant impiety, to attack him +[m]. Philip was enraged on receiving this intelligence: he exclaimed +that having, at the popeÂ’s instigation, undertaken an expedition, +which had cost him above sixty thousand pounds sterling, he was +frustrated of his purpose, at the time when its success was become +infallible: he complained that all the expense had fallen upon him; +all the advantages had accrued to Innocent: he threatened to be no +longer the dupe of these hypocritical pretences; and, assembling his +vassals, he laid before them the ill-treatment which he had received, +exposed the interested and fraudulent conduct of the pope, and +required their assistance to execute his enterprise against England, +in which he told them, that, notwithstanding the inhibitions and +menaces of the legate, he was determined to persevere. The French +barons were, in that age, little less ignorant and superstitious than +the English: yet, so much does the influence of those religious +principles depend on the present dispositions of men, they all vowed +to follow their prince on his intended expedition, and were resolute +not to be disappointed of that glory and those riches which they had +long expected from this enterprise. The Earl of Flanders alone, who +had previously formed a secret treaty with John, declaring against the +injustice and impiety of the undertaking, retired with his forces [n]; +and Philip, that he might not leave so dangerous an enemy behind him, +first turned his arms against the dominions of that prince. +Meanwhile, the English fleet was assembled under the Earl of +Salisbury, the king's natural brother; and though inferior in number, +received orders to attack the French in their harbours. Salisbury +performed this service with so much success, that he took three +hundred ships; destroyed a hundred more [o]; and Philip, finding it +impossible to prevent the rest from falling into the hands of the +enemy, set fire to them himself, and thereby rendered it impossible +for him to proceed any farther in his enterprise. +[FN [m] Trivet, p. 160. [n] M. Paris, p. 166. [o] Ibid. p. 166. +Chron. Dunst, vol. i. p. 59. Trivet, p. 157.] + +John, exulting in his present security, insensible to his past +disgrace, was so elated with this success, that he thought of no less +than invading France in his turn, and recovering all those provinces +which the prosperous arms of Philip had formerly ravished from him. +He proposed this expedition to the barons, who were already assembled +for the defence of the kingdom. But the English nobles both hated and +despised their prince: they prognosticated no success to any +enterprise conducted by such a leader; and pretending that their time +of service was elapsed, and all their provisions exhausted, they +refused to second his undertaking [p]. The king, however, resolute in +his purpose, embarked with a few followers, and sailed to Jersey, in +the foolish expectation that the barons would at last be ashamed to +stay behind [q]. But finding himself disappointed, he returned to +England; and, raising some troops, threatened to take vengeance on all +his nobles for their desertion and disobedience. The Archbishop of +Canterbury, who was in a confederacy with the barons, here interposed; +strictly inhibited the king from thinking of such an attempt; and +threatened him with a renewal of the sentence of excommunication, if +he pretended to levy war upon any of his subjects, before the kingdom +were freed from the sentence of interdict [r]. +[FN [p] M. Paris, p. 166. [q] M. Paris, p. 166. [r] Ibid. p. 167.] + +The church had recalled the several anathemas pronounced against John, +by the same gradual progress with which she had at first issued them. +By receiving his homage, and admitting him to the rank of a vassal, +his deposition had been virtually annulled, and his subjects were +again bound by their oaths of allegiance. The exiled prelates had +then returned in great triumph, with Langton at their head; and the +king, hearing of their approach, went forth to meet them, and throwing +himself on the ground before them, he entreated them, with tears, to +have compassion on him and the kingdom of England [s]. [MN July.] +The primate, seeing these marks of sincere penitence, led him to the +chapter-house of Winchester, and there administered an oath to him, by +which he again swore fealty and obedience to Pope Innocent and his +successors; promised to love, maintain, and defend holy church and the +clergy; engaged that he would re-establish the good laws of his +predecessors, particularly those of St. Edward, and would abolish the +wicked ones; and expressed his resolution of maintaining justice and +right in all his dominions [t]. The primate next gave him absolution +in the requisite forms, and admitted him to dine with him, to the +great joy of all the people. The sentence of interdict, however, was +still upheld against the kingdom. A new legate, Nicholas, Bishop of +Frescati, came into England in the room of Pandolf; and he declared it +to be the pope's intentions never to loosen that sentence till full +restitution were made to the clergy of every thing taken from them, +and ample reparation for all damages which they had sustained. He +only permitted mass to be said with a low voice in the churches, till +those losses and damages could be estimated to the satisfaction of the +parties. Certain barons were appointed to take an account of the +claims; and John was astonished at the greatness of the sums to which +the clergy made their losses to amount. No less than twenty thousand +marks were demanded by the monks of Canterbury alone; twenty-three +thousand for the see of Lincoln; and the king, finding these +pretensions to be exorbitant and endless, offered the clergy the sum +of a hundred thousand marks for a final acquittal. The clergy +rejected the offer with disdain; but the pope, willing to favour his +new vassal, whom he found zealous in his declarations of fealty, and +regular in paying the stipulated tribute to Rome, directed his legate +to accept of forty thousand. The issue of the whole was, that the +bishops and considerable abbots got reparation beyond what they had +any title to demand; the inferior clergy were obliged to sit down +contented with their losses; and the king, after the interdict was +taken off, renewed, in the most solemn manner, and by a new charter, +sealed with gold, his professions of homage and obedience to the see +of Rome. +[FN [s] Ibid. p. 166. Ann. Waverl. p. 178. [t] M. Paris, p. 166.] + +[MN 1214.] When this vexatious affair was at last brought to a +conclusion, the king, as if he had nothing farther to attend to but +triumphs and victories, went over to Poictou, which still acknowledged +his authority [u]; and he carried war into Philip's dominions. He +besieged a castle near Angiers; but the approach of Prince Lewis, +Philip's son, obliged him to raise the siege with such precipitation, +that he left his tents, machines, and baggage behind him; and he +returned to England with disgrace. About the same time he heard of +the great and decisive victory gained by the King of France at Bovines +over the Emperor Otho, who had entered France at the head of a hundred +and fifty thousand Germans; a victory which established for ever the +glory of Philip, and gave full security to all his dominions. John +could, therefore, think henceforth of nothing farther than of ruling +peaceably his own kingdom; and his close connexions with the pope, +which he was determined at any price to maintain, ensured him, as he +imagined, the certain attainment of that object. But the last and +most grievous scene of this princeÂ’s misfortunes still awaited him; +and he was destined to pass through a series of more humiliating +circumstances than had ever yet fallen to the lot of any other +monarch. +[FN [u] Queen Eleanor died in 1203 or 1204.] + +[MN Discontents of the barons.] +The introduction of the feudal law into England by William the +Conqueror had much infringed the liberties, however imperfect, enjoyed +by the Anglo-Saxons in their ancient government, and had reduced the +whole people to a state of vassalage under the king or barons, and +even the greater part of them to a state of real slavery. The +necessity also of intrusting great power in the hands of a prince, who +was to maintain military dominion over a vanquished nation, had +engaged the Norman barons to submit to a more severe and absolute +prerogative than that to which men of their rank, in other feudal +governments, were commonly subjected. The power of the crown, once +raised to a high pitch, was not easily reduced; and the nation, during +the course of a hundred and fifty years, was governed by an authority +unknown, in the same degree, to all the kingdoms founded by the +northern conquerors. Henry I., that he might allure the people to +give an exclusion to his elder brother Robert, had granted them a +charter, favourable in many particulars to their liberties; Stephen +had renewed the grant; Henry II. had confirmed it: but the concessions +of all these princes had still remained without effect; and the same +unlimited, at least irregular authority, continued to be exercised +both by them and their successors. The only happiness was, that arms +were never yet ravished from the hands of the barons and people: the +nation, by a great confederacy, might still vindicate its liberties; +and nothing was more likely than the character, conduct, and fortunes +of the reigning prince to produce such a general combination against +him. Equally odious and contemptible, both in public and private +life, he affronted the barons by his insolence, dishonoured their +families by his gallantries, enraged them by his tyranny, and gave +discontent to all ranks of men by his endless exactions and +impositions [w]. The effect of these lawless practices had already +appeared in the general demand made by the barons of a restoration of +their privileges; and after he had reconciled himself to the pope, by +abandoning the independence of the kingdom, he appeared to all his +subjects in so mean a light, that they universally thought they might +with safety and honour insist upon their pretensions. +[FN [w] Chron Mailr. p. 188. T. Wykes, p. 36. Ann. Waverl. p. 181. +W. Heming. p. 557.] + +But nothing forwarded this confederacy so much as the concurrence of +Langton, Archbishop of Canterbury; a man whose memory, though he was +obtruded on the nation by a palpable encroachment of the see of Rome, +ought always to be respected by the English. This prelate, whether he +was moved by the generosity of his nature and his affection to public +good; or had entertained an animosity against John on account of the +long opposition made by that prince to his election; or thought that +an acquisition of liberty to the people would serve to increase and +secure the privileges of the church; had formed the plan of reforming +the government, and had prepared the way for that great innovation, by +inserting those singular clauses above-mentioned in the oath which he +administered to the king, before he would absolve him from the +sentence of excommunication. Soon after, in a private meeting of some +principal barons at London, he showed them a copy of Henry I.'s +charter, which, he said, he had happily found in a monastery; and he +exhorted them to insist on the renewal and observance of it: the +barons swore, that they would sooner lose their lives than depart from +so reasonable a demand [x]. The confederacy began now to spread +wider, and to comprehend almost all the barons in England; and a new +and more numerous meeting was summoned by Langton at St. Edmondsbury, +under colour of devotion. [MN Nov. 1.] He again produced to the +assembly the old charter of Henry; renewed his exhortations of +unanimity and vigour in the prosecution of their purpose; and +represented in the strongest colours the tyranny to which they had so +long been subjected, and from which it now behoved them to free +themselves and their posterity [y]. The barons, inflamed by his +eloquence, incited by the sense of their own wrongs, and encouraged by +the appearance of their power and numbers, solemnly took an oath, +before the high altar, to adhere to each other, to insist on their +demands, and to make endless war on the king, till he should submit to +grant them [z]. They agreed that, after the festival of Christmas, +they would prefer in a body their common petition; and, in the mean +time, they separated, after mutually engaging that they would put +themselves in a posture of defence, would enlist men and purchase +arms, and would supply their castles with the necessary provisions. +[FN [x] M. Paris, p. 167. [y] M. Paris, p. 175. [z] Ibid. p. 176.] + +[MN 1215. 6th Jan.] +The barons appeared in London on the day appointed, and demanded of +the king, that, in consequence of his own oath before the primate, as +well as in deference to their just rights, he should grant them a +renewal of Henry's charter, and a confirmation of the laws of St. +Edward. The king, alarmed with their zeal and unanimity, as well as +with their power, required a delay; promised that, at the festival of +Easter, he would give them a positive answer to their petition; and +offered them the Archbishop of Canterbury, the Bishop of Ely, and the +Earl of Pembroke, the mareschal, as sureties for his fulfilling this +engagement [a]. The barons accepted of the terms, and peaceably +returned to their castles. +[FN [a] Ibid. p. 176. M. West. p. 273.] + +[MN 15th Jan.] During this interval, John, in order to break or +subdue the league of his barons, endeavoured to avail himself of the +ecclesiastical power, of whose influence he had, from his own recent +misfortunes, had such fatal experience. He granted to the clergy a +charter, relinquishing for ever that important prerogative, for which +his father and all his ancestors had zealously contended; yielding to +them the free election on all vacancies; reserving only the power to +issue a congé d'élire, and to subjoin a confirmation of the election; +and declaring that, if either of these were withheld, the choice +should nevertheless be deemed just and valid [b]. He made a vow to +lead an army into Palestine against the infidels, and he took on him +the cross; in hopes that he should receive from the church that +protection which she tendered to every one that had entered into this +sacred and meritorious engagement [c]. And he sent to Rome his agent, +William de Mauclerc, in order to appeal to the pope against the +violence of his barons, and procure him a favourable sentence from +that powerful tribunal [d]. The barons also were not negligent on +their part in endeavouring to engage the pope in their interests: they +despatched Eustace de Vescie to Rome; laid their case before Innocent +as their feudal lord: and petitioned him to interpose his authority +with the king, and oblige him to restore and confirm all their just +and undoubted privileges [e]. +[FN [b] Rymer, vol. i. p. 197. [c] Rymer, vol. i. p. 200. Trivet, p. +162. T. Wykes, p. 37. M. West. p. 273. [d] Rymer, vol. i. p. 184. +[e] Ibid.] + +Innocent beheld with regret the disturbances which had arisen in +England, and was much inclined to favour John in his pretensions. He +had no hopes of retaining and extending his newly-acquired superiority +over that kingdom, but by supporting so base and degenerate a prince, +who was willing to sacrifice every consideration to his present +safety: and he foresaw that, if the administration should fall into +the hands of those gallant and high-spirited barons, they would +vindicate the honour, liberty, and independence of the nation, with +the same ardour which they now exerted in defence of their own. He +wrote letters therefore to the prelates, to the nobility, and to the +king himself. He exhorted the first to employ their good offices in +conciliating peace between the contending parties, and putting an end +to civil discord: to the second he expressed his disapprobation of +their conduct in employing force to extort concessions from their +reluctant sovereign: the last he advised to treat his nobles with +grace and indulgence, and to grant them such of their demands as +should appear just and reasonable [f]. +[FN [f] Ibid. p. 196, 197.] + +The barons easily saw, from the tenour of these letters, that they +must reckon on having the pope, as well as the king, for their +adversary; but they had already advanced too far to recede from their +pretensions, and their passions were so deeply engaged, that it +exceeded even the power of superstition itself any longer to control +them. They also foresaw, that the thunders of Rome, when not seconded +by the efforts of the English ecclesiastics, would be of small avail +against them; and they perceived that the most considerable of the +prelates, as well as all the inferior clergy, professed the highest +approbation of their cause. Besides that these men were seized with +the national passion for laws and liberty, blessings of which they +themselves expected to partake, there concurred very powerful causes +to loosen their devoted attachment to the apostolic see. It appeared +from the late usurpations of the Roman pontiff, that he pretended to +reap alone all the advantages accruing from that victory which, under +his banners, though at their own peril, they had every where obtained +over the civil magistrate. The pope assumed a despotic power over all +the churches: their particular customs, privileges, and immunities, +were treated with disdain: even the canons of general councils were +set aside by his dispensing power: the whole administration of the +church was centered in the court of Rome: all preferments ran of +course in the same channel: and the provincial clergy saw, at least +felt, that there was a necessity for limiting these pretensions. The +legate, Nicholas, in filling those numerous vacancies which had fallen +in England during an interdict of six years, had proceeded in the most +arbitrary manner; and had paid no regard, in conferring dignities, to +personal merit, to rank, to the inclination of the electors, or to the +customs of the country. The English church was universally disgusted; +and Langton himself, though he owed his elevation to an encroachment +of the Romish see, was no sooner established in his high office than +he became jealous of the privileges annexed to it, and formed +attachments with the country subjected to his jurisdiction. These +causes, though they opened slowly the eyes of men, failed not to +produce their effect: they set bounds to the usurpations of the +papacy: the tide first stopped, and then turned against the sovereign +pontiff: and it is otherwise inconceivable how that age, so prone to +superstition, and so sunk in ignorance, or rather so devoted to a +spurious erudition, could have escaped falling into an absolute and +total slavery under the court of Rome. + +[MN 1215. Insurrection of the barons.] +About the time that the pope's letters arrived in England, the +malecontent barons, on the approach of the festival of Easter, when +they were to expect the king's answer to their petition, met by +agreement at Stamford; and they assembled a force, consisting of above +two thousand knights, besides their retainers and inferior persons +without number. [MN 27th April.] Elated with their power, they +advanced in a body to Brackley, within fifteen miles of Oxford, the +place where the court then resided; and they there received a message +from the king, by the Archbishop of Canterbury and the Earl of +Pembroke, desiring to know what those liberties were which they so +zealously challenged from their sovereign. They delivered to these +messengers a schedule containing the chief articles of their demands; +which was no sooner shown to the king than he burst into a furious +passion, and asked why the barons did not also demand of him his +kingdom? swearing that he would never grant them such liberties as +must reduce himself to slavery [g]. +[FN [g] M. Paris, p. 176.] + +No sooner were the confederated nobles informed of John's reply than +they chose Robert Fitz-Walter their general, whom they called THE +MARESCHAL OF THE ARMY OF GOD AND OF HOLY CHURCH; and they proceeded +without farther ceremony to levy war upon the king. They besieged the +castle of Northampton during fifteen days, though without success [h]: +the gates of Bedford castle were willingly opened to them by William +Beauchamp, its owner: [MN 24th May.] they advanced to Ware in their +way to London, where they held a correspondence with the principal +citizens: they were received without opposition into that capital: and +finding now the great superiority of their force, they issued +proclamations, requiring the other barons to join them; and menacing +them, in case of refusal or delay, with committing devastation on +their houses and estates [i]. In order to show what might be expected +from their prosperous arms, they made incursions from London, and laid +waste the king's parks and palaces; and all the barons, who had +hitherto carried the semblance of supporting the royal party, were +glad of this pretence for openly joining a cause which they always had +secretly favoured. The king was left at Odiham in Hampshire, with a +poor retinue of only seven knights; and after trying several +expedients to elude the blow, after offering to refer all differences +to the pope alone, or to eight barons, four to be chosen by himself, +and four by the confederates [k], he found himself at last obliged to +submit at discretion. +[FN [h] Ibid. p. 177. Chron. Dunst. vol. i. p. 71. [i] M. Paris, p. +177. [k] Rymer, vol. i. p. 200.] + +[MN 15th June. Magna Charta.] +A conference between the king and the barons was appointed at +Runnemede, between Windsor and Staines; a place which has ever since +been extremely celebrated on account of this great event. The two +parties encamped apart, like open enemies; and after a debate of a few +days, the king, with a facility somewhat suspicious, signed and sealed +the charter which was required of him. [MN 19th June.] This famous +deed, commonly called the GREAT CHARTER, either granted or secured +very important liberties and privileges to every order of men in the +kingdom; to the clergy, to the barons, and to the people. + +The freedom of elections was secured to the clergy; the former charter +of the king was confirmed, by which the necessity of a royal congé' +d'élire and confirmation was superseded: all check upon appeals to +Rome was removed, by the allowance granted every man to depart the +kingdom at pleasure: and the fines to be imposed on the clergy for any +offence were ordained to be proportional to their lay estates, not to +their ecclesiastical benefices. + +The privileges granted to the barons were either abatements in the +rigour of the feudal law, or determinations in points which had been +left by that law, or had become, by practice, arbitrary and ambiguous. +The reliefs of heirs succeeding to a military fee were ascertained; an +earl's and baron's at a hundred marks, a knight's at a hundred +shillings. It was ordained by the charter, that, if the heir be a +minor, he shall immediately, upon his majority, enter upon his estate, +without paying any relief: the king shall not sell his wardship: he +shall levy only reasonable profits upon the estate, without committing +waste, or hurting the property: he shall uphold the castles, houses, +mills, parks, and ponds: and if he commit the guardianship of the +estate to the sheriff or any other, he shall previously oblige them to +find surety to the same purpose. During the minority of a baron, +while his lands are in wardship, and are not in his own possession, no +debt which he owes to the Jews shall bear any interest. Heirs shall +be married without disparagement; and before the marriage be +contracted, the nearest relations of the person shall be informed of +it. A widow, without paying any relief, shall enter upon her dower, +the third part of her husband's rents: she shall not be compelled to +marry, so long as she chooses to continue single; she shall only give +security never to marry without her lord's consent. The king shall +not claim the wardship of any minor who hold lands by military tenure +of a baron, on pretence that he also holds lands of the crown by +soccage or any other tenure. Scutages shall be estimated at the same +rate as in the time of Henry I.; and no scutage or aid, except in the +three general feudal cases, the king's captivity, the knighting of his +eldest son, and the marrying of his eldest daughter, shall be imposed +but by the great council of the kingdom: the prelates, earls, and +great barons, shall be called to this great council, each by a +particular writ; the lesser barons by a general summons of the +sheriff. The king shall not seize any baron's land for a debt to the +crown, if the baron possesses as many goods and chattels as are +sufficient to discharge the debt. No man shall be obliged to perform +more service for his fee than he is bound to by his tenure. No +governor or constable of a castle shall oblige any knight to give +money for castle-guard, if the knight be willing to perform the +service in person, or by another able-bodied man; and if the knight be +in the field himself, by the king's command, he shall be exempted from +all other service of this nature. No vassal shall be allowed to sell +so much of his land as to incapacitate himself from performing his +service to his lord. + +These were the principal articles calculated for the interest of the +barons; and had the charter contained nothing farther, national +happiness and liberty had been very little promoted by it, as it would +only have tended to increase the power and independence of an order of +men who were already too powerful, and whose yoke might have become +more heavy on the people than even that of an absolute monarch. But +the barons, who alone drew and imposed on the prince this memorable +charter, were necessitated to insert in it other clauses of a more +extensive and more beneficent nature: they could not expect the +concurrence of the people without comprehending, together with their +own, the interests of inferior ranks of men; and all provisions which +the barons, for their own sake, were obliged to make, in order to +ensure the free and equitable administration of justice, tended +directly to the benefit of the whole community. The following were +the principal clauses of this nature. + +It was ordained, that all the privileges and immunities above- +mentioned, granted to the barons against the king, should be extended +by the barons to their inferior vassals. The king bound himself not +to grant any writ, empowering a baron to levy aids from his vassals, +except in the three feudal cases. One weight and one measure shall be +established throughout the kingdom. Merchants shall be allowed to +transact all business, without being exposed to any arbitrary tolls +and impositions; they and all freemen shall be allowed to go out of +the kingdom and return to it at pleasure: London, and all cities and +burghs, shall preserve their ancient liberties, immunities, and free +customs: aids shall not be required of them but by the consent of the +great council: no towns or individuals shall be obliged to make or +support bridges but by ancient custom: the goods of every freeman +shall be disposed of according to his will: if he die intestate, his +heirs shall succeed to them. No officer of the crown shall take any +horses, carts, or wood, without the consent of the owner. The king's +courts of justice shall be stationary, and shall no longer follow his +person: they shall be open to every one; and justice shall no longer +be sold, refused, or delayed by them. Circuits shall be regularly +held every year: the inferior tribunals of justice, the county court, +sheriff's turn, and court leet, shall meet at their appointed time and +place: the sheriffs shall be incapacitated to hold pleas of the crown, +and shall not put any person upon his trial from rumour or suspicion +alone, but upon the evidence of lawful witnesses. No freeman shall be +taken or imprisoned, or dispossessed of his free tenement and +liberties, or outlawed, or banished, or anywise hurt or injured, +unless by the legal judgment of his peers, or by the law of the land; +and all who suffered otherwise, in this or the two former reigns, +shall be restored to their rights and possessions. Every freeman +shall be fined in proportion to his fault; and no fine shall be levied +on him to his utter ruin: even a villain or rustic shall not, by any +fine, be bereaved of his carts, ploughs, and implements of husbandry. +This was the only article calculated for the interests of this body of +men, probably at that time the most numerous in the kingdom. + +It must be confessed, that the former articles of the great charter +contain such mitigations and explanations of the feudal law as are +reasonable and equitable; and that the latter involve all the chief +outlines of a legal government, and provide for the equal distribution +of justice and free enjoyment of property; the great objects for which +political society was at first founded by men, which the people have a +perpetual and unalienable right to recall, and which no time, nor +precedent, nor statute, nor positive institution, ought to deter them +from keeping ever uppermost in their thoughts and attention. Though +the provisions made by this charter might, conformably to the genius +of the age, be esteemed too concise, and too bare of circumstances, to +maintain the execution of its articles, in opposition to the chicanery +of lawyers, supported by the violence of power; time gradually +ascertained the sense of all the ambiguous expressions; and those +generous barons who first extorted this concession still held their +swords in their hands, and could turn them against those who dared, on +any pretence, to depart from the original spirit and meaning of the +grant. We may now, from the tenour of this charter, conjecture what +those laws were of King Edward, which the English nation, during so +many generations, still desired, with such an obstinate perseverance, +to have recalled and established. They were chiefly these latter +articles of MAGNA CHARTA; and the barons who, at the beginning of +these commotions, demanded the revival of the Saxon laws, undoubtedly +thought that they had sufficiently satisfied the people, by procuring +them this concession, which comprehended the principal objects to +which they had so long aspired. But what we are most to admire is, +the prudence and moderation of those haughty nobles themselves, who +were enraged by injuries, inflamed by opposition, and elated by a +total victory over their sovereign. They were content, even in this +plenitude of power, to depart from some articles of Henry I.Â’s +charter, which they made the foundation of their demands, particularly +from the abolition of wardships, a matter of the greatest importance; +and they seem to have been sufficiently careful not to diminish too +far the power and revenue of the crown. If they appear, therefore, to +have carried other demands to too great a height, it can be ascribed +only to the faithless and tyrannical character of the king himself, of +which they had long had experience, and which, they foresaw, would, if +they provided no farther security, lead him soon to infringe their new +liberties, and revoke his own concessions. This alone gave birth to +those other articles, seemingly exorbitant, which were added as a +rampart for the safeguard of the great charter. + +The barons obliged the king to agree that London should remain in +their hands, and the Tower be consigned to the custody of the primate, +till the fifteenth of August ensuing, or till the execution of the +several articles of the great charter [l]. The better to ensure the +same end, he allowed them to choose five-and-twenty members from their +own body, as conservators of the public liberties; and no bounds were +set to the authority of these men either in extent or duration. If +any complaint were made of a violation of the charter, whether +attempted by the king, justiciaries, sheriffs, or foresters, any four +of these barons might admonish the king to redress the grievance: if +satisfaction were not obtained, they could assemble the whole council +of twenty-five, who, in conjunction with the great council, were +empowered to compel him to observe the charter, and, in case of +resistance, might levy war against him, attack his castles, and employ +every kind of violence, except against his royal person, and that of +his queen and children. All men throughout the kingdom were bound, +under the penalty of confiscation, to swear obedience to the twenty- +five barons; and the freeholders of each county were to choose twelve +knights, who were to make report of such evil customs as required +redress, conformably to the tenour of the great charter [m]. The +names of those conservators were, the Earls of Clare, Albemarle, +Gloucester, Winchester, Hereford, Roger Bigod, Earl of Norfolk, Robert +de Vere, Earl of Oxford, William Mareschal the younger, Robert +Fitz-Walter, Gilbert de Clare, Eustace de Vescey, Gilbert Delaval, +William de Mowbray, Geoffrey de Say, Roger de Mombezon, William de +Huntingfield, Robert de Ros, the constable of Chester, William de +Aubenie, Richard de Perci, William Malet, John Fitz-Robert, William de +Lanvalay, Hugh de Bigod, and Roger de Montfichet [n]. These men were, +by this convention, really invested with the sovereignty of the +kingdom: they were rendered co-ordinate with the king, or rather +superior to him, in the exercise of the executive power: and as there +was no circumstance of government which, either directly or +indirectly, might not bear a relation to the security or observance of +the great charter, there could scarcely occur any incident in which +they might not lawfully interpose their authority. +[FN [l] Rymer, vol. i. p. 201. Chron. Dunst vol. i. p. 73. [m] This +seems a very strong proof that the House of Commons was not then in +being; otherwise the knights and burgesses from the several counties +could have given in to the Lords a list of grievances, without so +unusual an election. [n] M. Paris, p. 181.] + +John seemed to submit passively to all these regulations, however +injurious to majesty: he sent writs to all the sheriffs, ordering them +to constrain every one to swear obedience to the twenty-five barons +[o]: he dismissed all his foreign forces: he pretended that his +government was thenceforth to run in a new tenour, and be more +indulgent to the liberty and independence of his people. But he only +dissembled, till he should find a favourable opportunity for annulling +all his concessions. The injuries and indignities which he had +formerly suffered from the pope and the King of France, as they came +from equals or superiors, seemed to make but small impression on him: +but the sense of this perpetual and total subjection under his own +rebellious vassals sunk deep in his mind, and he was determined, at +all hazards, to throw off so ignominious a slavery [p]. He grew +sullen, silent, and reserved: he shunned the society of his courtiers +and nobles: he retired into the Isle of Wight, as if desirous of +hiding his shame and confusion; but in this retreat he meditated the +most fatal vengeance against all his enemies [q]. He secretly sent +abroad his emissaries to enlist foreign soldiers, and to invite the +rapacious Brabancons into his service, by the prospect of sharing the +spoils of England, and reaping the forfeitures of so many opulent +barons, who had incurred the guilt of rebellion by rising in arms +against him [r]: and he despatched a messenger to Rome, in order to +lay before the pope the great charter, which he had been compelled to +sign, and to complain, before that tribunal, of the violence which had +been imposed upon him [s]. +[FN [o] Ibid. p. 182. [p] M. Paris, p. 183. [q] Ibid. [r] Ibid. +Chron. Dunst. vol. i. p.72. Chron. Malr. p. 188. [s] M. Paris, p. +183. Chron. Dunst. vol. i. p. 73.] + +Innocent, considering himself as feudal lord of the kingdom, was +incensed at the temerity of the barons, who, though they pretended to +appeal to his authority, had dared, without waiting for his consent, +to impose such terms on a prince, who, by resigning to the Roman +pontiff his crown and independence, had placed himself immediately +under the papal protection. He issued, therefore, a bull, in which, +from the plenitude of his apostolic power, and from the authority +which God had committed to him, to build and destroy kingdoms, to +plant and overthrow, he annulled and abrogated the whole charter, as +unjust in itself, as obtained by compulsion, and as derogatory to the +dignity of the apostolic see. He prohibited the barons from exacting +the observance of it: he even prohibited the king himself from paying +any regard to it: he absolved him and his subjects from all oaths +which they had been constrained to take to that purpose: and he +pronounced a general sentence of excommunication against every one who +should persevere in maintaining such treasonable and iniquitous +pretensions [t]. +[FN [t] Rymer, vol. i. p. 203, 204, 205, 208. M. Paris, p. 184, 185, +187.] + +[MN Renewal of the civil wars.] +The king, as his foreign forces arrived along with this bull, now +ventured to take off the mask; and, under sanction of the pope's +decree, recalled all the liberties which he had granted to his +subjects, and which he had solemnly sworn to observe. But the +spiritual weapon was found, upon trial, to carry less force with it +than he had reason from his own experience to apprehend. The primate +refused to obey the pope in publishing the sentence of excommunication +against the barons: and though he was cited to Rome, that he might +attend a general council there assembled, and was suspended, on +account of his disobedience to the pope, and his secret correspondence +with the kingÂ’s enemies [u]; though a new and particular sentence of +excommunication was pronounced by name against the principal barons +[w]; John still found, that his nobility and people, and even his +clergy, adhered to the defence of their liberties, and to their +combination against him: the sword of his foreign mercenaries was all +he had to trust to for restoring his authority. +[FN [u] M. Paris, p. 189. [w] Rymer, vol. i. p. 211. M. Paris, p. +192.] + +The barons, after obtaining the great charter, seem to have been +lulled into a fatal security, and to have taken no rational measures, +in case of the introduction of a foreign force, for reassembling their +armies. The king was, from the first, master of the field; and +immediately laid siege to the castle of Rochester, which was +obstinately defended by William de Aubenie, at the head of a hundred +and forty knights with their retainers, but was at last reduced by +famine. [MN 30th Nov.] John, irritated with the resistance, intended +to have hanged the governor and all the garrison; but, on the +representation of William de Mauleon, who suggested to him the danger +of reprisals, he was content to sacrifice, in this barbarous manner, +the inferior prisoners only [x]. The captivity of William de Aubenie, +the best officer among the confederated barons, was an irreparable +loss to their cause; and no regular opposition was thenceforth made to +the progress of the royal arms. The ravenous and barbarous +mercenaries, incited by a cruel and enraged prince, were let loose +against the estates, tenants, manors, houses, parks of the barons, and +spread devastation over the face of the kingdom. Nothing was to be +seen but the flames of villages and castles reduced to ashes, the +consternation and misery of the inhabitants, tortures exercised by the +soldiery to make them reveal their concealed treasures, and reprisals +no less barbarous committed by the barons and their partisans on the +royal demesnes, and on the estates of such as still adhered to the +crown. The king, marching through the whole extent of England, from +Dover to Berwick, laid the provinces waste on each side of him; and +considered every estate, which was not his immediate property, as +entirely hostile, and the object of military execution. The nobility +of the north, in particular, who had shown the greatest violence in +the recovery of their liberties, and who, acting in a separate body, +had expressed their discontent even at the concessions made by the +great charter, as they could expect no mercy, fled before him with +their wives and families, and purchased the friendship of Alexander, +the young King of Scots, by doing homage to him. +[FN [x] M. Paris, p. 187.] + +[MN Prince Lewis called over.] +The barons, reduced to this desperate extremity, and menaced with the +total loss of their liberties, their properties, and their lives, +employed a remedy no less desperate; and making applications to the +court of France, they offered to acknowledge Lewis, the eldest son of +Philip, for their sovereign, on condition that he would afford them +protection from the violence of their enraged prince. Though the +sense of the common rights of mankind, the only rights that are +entirely indefeasible, might have justified them in the deposition of +their king; they declined insisting, before Philip, on a pretension +which is commonly so disagreeable to sovereigns, and which sounds +harshly in the royal ears. They affirmed, that John was incapable of +succeeding to the crown, by reason of the attainder passed upon him +during his brother's reign; though that attainder had been reversed, +and Richard. had even, by his last will, declared him his successor. +They pretended that he was already legally deposed by sentence of the +Peers of France, on account of the murder of his nephew; though that +sentence could not possibly regard any thing but his transmarine +dominions, which alone he held in vassalage to that crown. On more +plausible grounds they affirmed, that he had already deposed himself +by doing homage to the pope, changing the nature of his sovereignty, +and resigning an independent crown for a fee under a foreign power. +And as Blanche of Castile, the wife of Lewis, was descended by her +mother from Henry II., they maintained, though many other princes +stood before her in the order of succession, that they had not shaken +off the royal family, in choosing her husband for their sovereign. + +Philip was strongly tempted to lay hold on the rich prize which was +offered to him. The legate menaced interdicts and excommunications, +if he invaded the patrimony of St. Peter, or attacked a prince who was +under the immediate protection of the holy see [y]: but as Philip was +assured of the obedience of his own vassals, his principles were +changed with the times, and he now undervalued as much all papal +censures, as he formerly pretended to pay respect to them. His chief +scruple was with regard to the fidelity which he might expect from the +English barons in their new engagements, and the danger of intrusting +his son and heir into the hands of men, who might, on any caprice or +necessity, make peace with their native sovereign, by sacrificing a +pledge of so much value. He therefore exacted from the barons twenty- +five hostages of the most noble birth in the kingdom [z]; and having +obtained this security, he sent over first a small army to the relief +of the confederates; then more numerous forces, which arrived with +Lewis himself at their head. +[FN [y] M. Paris, p. 194. M. West. p. 275. [z] M. Paris, p. 193. +Chron. Dunst. vol. i. p. 74.] + +The first effect of the young prince's appearance in England was the +desertion of John's foreign troops, who, being mostly levied in +Flanders, and other provinces of France, refused to serve against the +heir of their monarchy [a]. The Gascons and Poictevins alone, who +were still John's subjects, adhered to his cause; but they were too +weak to maintain that superiority in the field which they had hitherto +supported against the confederated barons. Many considerable noblemen +deserted JohnÂ’s party, the Earls of Salisbury, Arundel, Warrenne, +Oxford, Albemarle, and William Mareschal the younger: his castles fell +daily into the hands of the enemy; Dover was the only place which, +from the valour and fidelity of Hubert de Burgh, the governor, made +resistance to the progress of Lewis [b]: and the barons had the +melancholy prospect of finally succeeding in their purpose, and of +escaping the tyranny of their own king, by imposing on themselves and +the nation a foreign yoke. But this union was of short duration +between the French and English nobles: and the imprudence of Lewis, +who, on every occasion, showed too visible a preference to the former, +increased that jealousy which it was so natural for the latter to +entertain in their present situation [c]. The Viscount of Melun, too, +it is said, one of his courtiers, fell sick at London, and finding the +approaches of death, he sent for some of his friends among the English +barons, and warning them of their danger, revealed LewisÂ’s secret +intentions of exterminating them and their families as traitors to +their prince, and of bestowing their estates and dignities on his +native subjects, in whose fidelity he could more reasonably place +confidence [d]: this story, whether true or false, was universally +reported and believed; and concurring with other circumstances which +rendered it credible, did great prejudice to the cause of Lewis. The +Earl of Salisbury, and other noblemen, deserted again to John's party +[e]; and as men easily change sides in a civil war, especially where +their power is founded on an hereditary and independent authority, and +is not derived from the opinion and favour of the people, the French +prince had reason to dread a sudden reverse of fortune. The king was +assembling a considerable army, with a view of fighting one great +battle for his crown; but passing from Lynn to Lincolnshire, his road +lay along the sea-shore, which was overflowed at high water; and not +choosing the proper time for his journey, he lost in the inundation +all his carriages, treasure, baggage, and regalia. The affliction +for this disaster, and vexation from the distracted state of his +affairs, increased the sickness under which he then laboured; and +though he reached the castle of Newark, he was obliged to halt there, +[MN 17th Oct. Death,] and his distemper soon after put an end to his +life, in the forty-ninth year of his age, and eighteenth of his reign; +and freed the nation from the dangers to which it was equally exposed +by his success or by his misfortunes. +[FN [a] M. Paris, p. 195. [b] M. Paris, p. 198. Chron. Dunst. vol. +i. p. 75, 76. [c] W. Heming. p. 559. [d] M. Paris, p. 199. M. West. +p. 277. [e] Chron. Dunst. vol. i. p. 76.] + +[MN and character of the king.] The character of this prince is +nothing but a complication of vices, equally mean and odious; ruinous +to himself, and destructive to his people. Cowardice, inactivity, +folly, levity, licentiousness, ingratitude, treachery, tyranny, and +cruelty; all these qualities appear too evidently in the several +incidents of his life, to give us room to suspect that the +disagreeable picture has been anywise overcharged by the prejudices of +the ancient historians. It is hard to say whether his conduct to his +father, his brother, his nephew, or his subjects, was most culpable; +or whether his crimes, in these respects, were not even exceeded by +the baseness which appeared in his transactions with the King of +France, the pope, and the barons. His European dominions, when they +devolved to him by the death of his brother, were more extensive than +have ever, since his time, been ruled by an English monarch; but he +first lost, by his misconduct, the flourishing provinces in France, +the ancient patrimony of his family: he subjected his kingdom to a +shameful vassalage under the see of Rome: he saw the prerogatives of +his crown diminished by law, and still more reduced by faction: and he +died at last, when in danger of being totally expelled by a foreign +power, and of either ending his life miserably in prison, or seeking +shelter, as a fugitive, from the pursuit of his enemies. + +The prejudices against this prince were so violent, that he was +believed to have sent an embassy to the Miramoulin, or Emperor of +Morocco, and to have offered to change his religion and become +Mahometan, in order to purchase the protection of that monarch. But +though this story is told us, on plausible authority, by Matthew Paris +[f], it is in itself utterly improbable; except that there is nothing +so incredible but may be believed to proceed from the folly and +wickedness of John. +[FN [f] P. 169.] + +The monks throw great reproaches on this prince for his impiety and +even infidelity; and as an instance of it, they tell us, that having +one day caught a very fat stag, he exclaimed, HOW PLUMP AND WELL FED +IS THIS ANIMAL! AND YET, I DARE SWEAR, HE NEVER HEARD MASS [g]. This +sally of wit upon the usual corpulency of the priests, more than all +his enormous crimes and iniquities, made him pass with them for an +atheist. + +John left two legitimate sons behind him; Henry, born on the first of +October, 1207, and now nine years of age; and Richard, born on the +sixth of January, 1209; and three daughters; Jane, afterwards married +to Alexander King of Scots; Eleanor, married first to William +Mareschal the younger, Earl of Pembroke, and then to Simon Mountfort, +Earl of Leicester; and Isabella, married to the Emperor Frederic II. +All these children were born to him by Isabella of Angoulesme, his +second wife. His illegitimate children were numerous, but none of +them were anywise distinguished. + +It was this king who, in the ninth year of his reign, first gave by +charter, to the city of London, the right of electing, annually, a +mayor out of its own body, an office which was till now held for life. +He gave the city also power to elect and remove its sheriffs at +pleasure, and its common-councilmen annually. London-bridge was +finished in this reign. The former bridge was of wood. Maud, the +empress, was the first that built a stone bridge in England. +[FN [g] M. Paris, p. 170.] + + + + +APPENDIX II. + +THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. + +ORIGIN OF THE FEUDAL LAW.--ITS PROGRESS.--FEUDAL GOVERNMENT OF +ENGLAND.--THE FEUDAL PARLIAMENT.--THE COMMONS.--JUDICAL POWER.-- +REVENUE OF THE CROWN.--COMMERCE.--THE CHURCH.--CIVIL LAWS.--MANNERS. + + + +The feudal law is the chief foundation, both of the political +government and of the jurisprudence established by the Normans in +England. Our subject therefore requires, that we should form a just +idea of this law, in order to explain the state, as well of that +kingdom, as of all other kingdoms of Europe, which, during those ages, +were governed by similar institutions. And though I am sensible, that +I must here repeat many observations and reflections which have been +communicated by others [a]; yet, as every book, agreeably to the +observation of a great historian [b], should be as complete as +possible within itself, and should never refer, for any thing +material, to other books, it will be necessary, in this place, to +deliver a short plan of that prodigious fabric, which, for several +centuries, preserved such a mixture of liberty and oppression, order +and anarchy, stability and revolution, as was never experienced in any +other age, or any other part of the world. +[FN [a] L'Esprit des Loix. Dr. Robertson's History of Scotland. [b] +Padre Paolo, Hist. Conc. Trid.] + +[MN Origin of the feudal law.] +After the northern nations had subdued the provinces of the Roman +empire, they were obliged to establish a system of government which +might secure their conquests, as well against the revolt of their +numerous subjects, who remained in the provinces, as from the inroads +of other tribes, who might be tempted to ravish from them their new +acquisitions. The great change of circumstances made them here depart +from those institutions which prevailed among them while they remained +in the forests of Germany; yet it was still natural for them to +retain, in their present settlement, as much of their ancient customs +as was compatible with their new situation. + +The German governments, being more a confederacy of independent +warriors than a civil subjection, derived their principal force from +many inferior and voluntary associations, which individuals formed +under a particular head or chieftain, and which it became the highest +point of honour to maintain with inviolable fidelity. The glory of +the chief consisted in the number, the bravery, and the zealous +attachment of his retainers: the duty of the retainers required, that +they should accompany their chief in all wars and dangers, that they +should fight and perish by his side, and that they should esteem his +renown or his favour a sufficient recompense for all their services +[c]. The prince himself was nothing but a great chieftain, who was +chosen from among the rest on account of his superior valour or +nobility; and who derived his power from the voluntary association or +attachment of the other chieftains. +[FN [c] Tacit. de Mor. Germ.] + +When a tribe, governed by these ideas, and actuated by these +principles, subdued a large territory, they found, that though it was +necessary to keep themselves in a military posture, they could neither +remain united in a body, nor take up their quarters in several +garrisons, and that their manners and institutions debarred them from +using these expedients; the obvious ones, which, in a like situation, +would have been employed by a more civilized nation. Their ignorance +in the art of finances, and perhaps the devastations inseparable from +such violent conquests, rendered it impracticable for them to levy +taxes sufficient for the pay of numerous armies; and their repugnance +to subordination, with their attachment to rural pleasures, made the +life of the camp or garrison, if perpetuated during peaceful times, +extremely odious and disgustful to them. They seized, therefore, such +a portion of the conquered lands as appeared necessary; they assigned +a share for supporting the dignity of their prince and government; +they distributed other parts, under the title of fiefs, to the chiefs; +these made a new partition among their retainers: the express +condition of all these grants was, that they might be resumed at +pleasure, and that the possessor, so long as he enjoyed them, should +still remain in readiness to take the field for the defence of the +nation. And though the conquerors immediately separated, in order to +enjoy their new acquisitions, their martial disposition made them +readily fulfil the terms of their engagement: they assembled on the +first alarm; their habitual attachment to the chieftain made them +willingly submit to his command; and thus a regular military force, +though concealed, was always ready to defend, on any emergence, the +interest and honour of the community. + +We are not to imagine that all the conquered lands were seized by the +northern conquerors; or that the whole of the land thus seized was +subjected to those military services. This supposition is confuted by +the history of all the nations on the continent. Even the idea given +us of the German manners by the Roman historian may convince us, that +that bold people would never have been content with so precarious a +subsistence, or have fought to procure establishments which were only +to continue during the good pleasure of their sovereign. Though the +northern chieftains accepted of lands, which, being considered as a +kind of military pay, might be resumed at the will of the king or +general; they also took possession of estates, which being hereditary +and independent, enabled them to maintain their native liberty, and +support, without court favour, the honour of their rank and family. + +[MN Progress of the feudal law.] +But there is a great difference, in the consequences, between the +distribution of a pecuniary subsistence, and the assignment of lands +burdened with the condition of military service. The delivery of the +former, at the weekly, monthly, or annual terms of payment, still +recalls the idea of a voluntary gratuity from the prince, and reminds +the soldier of the precarious tenure by which he holds his commission. +But the attachment naturally formed with a fixed portion of land +gradually begets the idea of something like property, and makes the +possessor forget his dependent situation, and the condition which was +at first annexed to the grant. It seemed equitable that one who had +cultivated and sowed a field should reap the harvest: hence fiefs, +which were at first entirely precarious, were soon made annual. A man +who had employed his money in building, planting, or other +improvements, expected to reap the fruits of his labour or expense: +hence they were next granted during a term of years. It would be +thought hard to expel a man from his possessions, who had always done +his duty, and performed the conditions on which he originally received +them: hence the chieftains, in a subsequent period, thought themselves +entitled to demand the enjoyment of their feudal lands during life. +It was found that a man would more willingly expose himself in battle, +if assured that his family should inherit his possessions, and should +not be left by his death in want and poverty: hence fiefs were made +hereditary in families, and descended, during one age, to the son, +then to the grandson, next to the brothers, and afterwards to more +distant relations [d]. The idea of property stole in gradually upon +that of military pay; and each century made some sensible addition to +the stability of fiefs and tenures. +[FN [d] Lib. Feud. lib. I. tit. 1.] + +In all these successive acquisitions, the chief was supported by his +vassals; who, having originally a strong connexion with him, augmented +by the constant intercourse of good offices, and by the friendship +arising from vicinity and dependence, were inclined to follow their +leader against all his enemies, and voluntarily, in his private +quarrels, paid him the same obedience, to which, by their tenure, they +were bound in foreign wars. While he daily advanced new pretensions +to secure the possession of his superior fief, they expected to find +the same advantage, in acquiring stability to their subordinate ones; +and they zealously opposed the intrusion of a new lord, who would be +inclined, as he was fully entitled, to bestow the possession of their +lands on his own favourites and retainers. Thus the authority of the +sovereign gradually decayed; and each noble, fortified in his own +territory by the attachment of his vassals, became too powerful to be +expelled by an order from the throne; and he secured by law what he +had at first acquired by usurpation. + +During this precarious state of the supreme power, a difference would +immediately be experienced between those portions of territory which +were subjected to the feudal tenures, and those which were possessed +by an allodial or free title. Though the latter possessions had at +first been esteemed much preferable, they were soon found, by the +progressive changes introduced into public and private law, to be of +an inferior condition to the former. The possessors of a feudal +territory, united by a regular subordination under one chief, and by +the mutual attachments of the vassals, had the same advantages over +the proprietors of the other, that a disciplined army enjoys over a +dispersed multitude; and were enabled to commit with impunity all +injuries on their defenceless neighbours. Every one, therefore, +hastened to seek that protection which he found so necessary; and each +allodial proprietor, resigning his possessions into the hands of the +king, or of some nobleman respected for power or valour, received them +back with the condition of feudal services [e], which, though a burden +somewhat grievous, brought him ample compensation, by connecting him +with the neighbouring proprietors, and placing him under the +guardianship of a potent chieftain. The decay of the political +government thus necessarily occasioned the extension of the feudal: +the kingdoms of Europe were universally divided into baronies, and +these into inferior fiefs: and the attachment of vassals to their +chief, which was at first an essential part of the German manners, was +still supported by the same causes from which it at first arose; the +necessity of mutual protection, and the continued intercourse between +the head and the members, of benefits and services. +[FN [e] Marculf. Form. 47. apud Lindenbr. p. 1238.] + +But there was another circumstance which corroborated these feudal +dependencies, and tended to connect the vassals with their superior +lord by an indissoluble bond of union. The northern conquerors, as +well as the more early Greeks and Romans, embraced a policy which is +unavoidable to all nations that have made slender advances in +refinement: they every where united the civil jurisdiction with the +military power. Law, in its commencement, was not an intricate +science, and was more governed by maxims of equity, which seem +obvious to common sense, than by numerous and subtle principles, +applied to a variety of cases by profound reasonings from analogy. An +officer, though he had passed his life in the field, was able to +determine all legal controversies which could occur within the +district committed to his charge; and his decisions were the most +likely to meet with a prompt and ready obedience, from men who +respected his person, and were accustomed to act under his command. +The profit arising from punishments, which were then chiefly +pecuniary, was another reason for his desiring to retain the judicial +power; and when his fief became hereditary, this authority, which was +essential to it, was also transmitted to his posterity. The counts +and other magistrates, whose power was merely official, were tempted, +in imitation of the feudal lords, whom they resembled in so many +particulars, to render their dignity perpetual and hereditary; and in +the decline of the regal power, they found no difficulty in making +good their pretensions. After this manner, the vast fabric of feudal +subordination became quite solid and comprehensive; it formed every +where an essential part of the political constitution; and the Norman +and other barons, who followed the fortunes of William, were so +accustomed to it that they could scarcely form an idea of any other +species of civil government [f]. +[FN [f] The ideas of the feudal government were so rooted, that even +lawyers, in those ages, could not form a notion of any other +Constitution REGNUM (says Bracton, lib. 2. cap. 34.) QUOD EX +COMITATIBUS ET BARONIBUS DICITUR ESSE CONSTITUTUM.] + +The Saxons who conquered England, as they exterminated the ancient +inhabitants, and thought themselves secured by the sea against new +invaders, found it less requisite to maintain themselves in a military +posture: the quantity of land which they annexed to offices seems to +have been of small value; and for that reason continued the longer in +its original situation, and was always possessed during pleasure by +those who were intrusted with the command. These conditions were too +precarious to satisfy the Norman barons, who enjoyed more independent +possessions and jurisdictions in their own country; and William was +obliged, in the new distribution of land, to copy the tenures which +were now become universal on the continent. England of a sudden +became a feudal kingdom [g]; and received all the advantages, and was +exposed to all the inconveniences, incident to that species of civil +polity. +[FN [g] Coke, Comm. on Lit. p. 1, 2. ad sect. 1.] + +[MN The feudal government of England.] +According to the principles of the feudal law, the king was the +supreme lord of the landed property: all possessors, who enjoyed the +fruits or revenue of any part of it, held those privileges, either +mediately or immediately, of him; and their property was conceived to +be in some degree conditional [h]. The land was still apprehended to +be a species of BENEFICE, which was the original conception of a +feudal property; and the vassal owed, in return for it, stated +services to his baron, as the baron himself did for his land to the +crown. The vassal was obliged to defend his baron in war; and the +baron, at the head of his vassals, was bound to fight in defence of +the king and kingdom. But besides these military services, which were +casual, there were others imposed of a civil nature, which were more +constant and durable. +[FN [h] Somner of Gavelk. p. 109. Smith de Rep. lib. 3. cap. 10.] + +The northern nations had no idea that any man, trained up to honour, +and inured to arms, was ever to be governed, without his own consent, +by the absolute will of another; or that the administration of justice +was ever to be exercised by the private opinion of any one magistrate, +without the concurrence of some other persons, whose interest might +induce them to check his arbitrary and iniquitous decisions. The +king, therefore, when he found it necessary to demand any service of +his barons or chief tenants, beyond what was due by their tenures, was +obliged to assemble them in order to obtain their CONSENT: and when it +was necessary to determine any controversy which might arise among the +barons themselves, the question must be discussed in their presence, +and be decided according to their opinion or ADVICE. In these two +circumstances of consent and advice consisted chiefly the civil +services of the ancient barons; and these implied all the considerable +incidents of government. In one view, the barons regarded this +attendance as their principal PRIVILEGE; in another, as a grievous +BURDEN. That no momentous affairs could be transacted without their +consent and advice was in GENERAL esteemed the great security of their +possessions and dignities: but as they reaped no immediate profit from +their attendance at court, and were exposed to great inconvenience and +charge by an absence from their own estates, every one was glad to +exempt himself from each PARTICULAR exertion of this power; and was +pleased both that the call for that duty should seldom return upon +him, and that others should undergo the burden in his stead. The +king, on the other hand, was usually anxious, for several reasons, +that the assembly of the barons should be full at every stated or +casual meeting: this attendance was the chief badge of their +subordination to his crown, and drew them from that independence which +they were apt to affect in their own castles and manors; and where the +meeting was thin or ill attended, its determinations had less +authority, and commanded not so ready an obedience from the whole +community. + +The case was the same with the barons in their courts, as with the +king in the supreme council of the nation. It was requisite to +assemble the vassals, in order to determine by their vote any question +which regarded the barony; and they sat along with the chief in all +trials, whether civil or criminal, which occurred within the limits of +their jurisdiction. They were bound to pay suit and service at the +court of their baron: and as their tenure was military, and +consequently honourable, they were admitted into his society, and +partook of his friendship. Thus, a kingdom was considered only as a +great barony, and a barony as a small kingdom. The barons were peers +to each other in the national council, and, in some degree, companions +to the king: the vassals were peers to each other in the court of +barony, and companions to their baron [i]. +[FN [i] Du Cange, Gloss. in verb. PAR Cujac. Commun. in Lib. Feud. +lib. I. tit. p. 18. Spellm. Gloss. in verb.] + +But though this resemblance so far took place, the vassals, by the +natural course of things, universally, in the feudal constitutions, +fell into a greater subordination under the baron, than the baron +himself under his sovereign; and these governments had a necessary +and infallible tendency to augment the power of the nobles. The great +chief, residing in his country-seat, which he was commonly allowed to +fortify, lost, in a great measure, his connexion or acquaintance with +the prince; and added every day new force to his authority over the +vassals of the barony. They received from him education in all +military exercises: his hospitality invited them to live and enjoy +society in his hall: their leisure, which was great, made them +perpetual retainers on his person, and partakers of his country sports +and amusements: they had no means of gratifying their ambition but by +making a figure in his train: his favour and countenance was their +greatest honour: his displeasure exposed them to contempt and +ignominy: and they felt every moment the necessity of his protection, +both in the controversies which occurred with other vassals, and, what +was more material, in the daily inroads and injuries which were +committed by the neighbouring barons. During the time of general war, +the sovereign, who marched at the head of his armies, and was the +great protector of the state, always acquired some accession to his +authority, which he lost during the intervals of peace and +tranquillity: but the loose police, incident to the feudal +constitutions, maintained a perpetual, though secret hostility, +between the several members of the state; and the vassals found no +means of securing themselves against the injuries to which they were +continually exposed, but by closely adhering to their chief, and +falling into a submissive dependence upon him. + +If the feudal government was so little favourable to the true liberty +even of the military vassal, it was still more destructive of the +independence and security of the other members of the state, or what, +in a proper sense, we call the people. A great part of them were +SERFS, and lived in a state of absolute slavery or villanage: the +other inhabitants of the country paid their rents in services, which +were in a great measure arbitrary; and they could expect no redress of +injuries, in a court of barony, from men who thought they had a right +to oppress and tyrannize over them. The towns were situated either +within the demesnes of the king, or the lands of the great barons, and +were almost entirely subjected to the absolute will of their master. +The languishing state of commerce kept the inhabitants poor and +contemptible; and the political institutions were calculated to render +that poverty perpetual. The barons and gentry, living in rustic +plenty and hospitality, gave no encouragement to the arts, and had no +demand for any of the more elaborate manufactures: every profession +was held in contempt but that of arms: and if any merchant or +manufacturer rose by industry and frugality to a degree of opulence, +he found himself but the more exposed to injuries, from the envy and +avidity of the military nobles. + +These concurring causes gave the feudal governments so strong a bias +towards aristocracy, that the royal authority was extremely eclipsed +in all the European states; and, instead of dreading the growth of +monarchical power, we might rather expect, that the community would +every where crumble into so many independent baronies, and lose the +political union by which they were cemented. In elective monarchies, +the event was commonly answerable to this expectation; and the barons, +gaining ground on every vacancy of the throne, raised themselves +almost to a state of sovereignty, and sacrificed to their power both +the rights of the crown and the liberties of the people. But +hereditary monarchies had a principle of authority which was not so +easily subverted; and there were several causes which still maintained +a degree of influence in the hands of the sovereign. + +The greatest baron could never lose view entirely of those principles +of the feudal constitution which bound him, as a vassal, to submission +and fealty towards his prince; because he was every moment obliged to +have recourse to those principles, in exacting fealty and submission +from his own vassals. The lesser barons, finding that the +annihilation of royal authority left them exposed, without protection, +to the insults and injuries of more potent neighbours, naturally +adhered to the crown, and promoted the execution of general and equal +laws. The people had still a stronger interest to desire the grandeur +of the sovereign; and the king, being the legal magistrate, who +suffered by every internal convulsion or oppression, and who regarded +the great nobles as his immediate rivals, assumed the salutary office +of general guardian or protector of the Commons. Besides the +prerogatives with which the law invested him, his large demesnes and +numerous retainers rendered him, in one sense, the greatest baron in +his kingdom; and where he was possessed of personal vigour and +abilities, (for his situation required these advantages,) he was +commonly able to preserve his authority, and maintain his station as +head of the community, and the chief fountain of law and justice. + +The first kings of the Norman race were favoured by another +circumstance, which preserved them from the encroachments of their +barons. They were generals of a conquering army, which was obliged to +continue in a military posture, and to maintain great subordination +under their leader, in order to secure themselves from the revolt of +the numerous natives, whom they had bereaved of all their properties +and privileges. But though this circumstance supported the authority +of William and his immediate successors, and rendered them extremely +absolute, it was lost as soon as the Norman barons began to +incorporate with the nation, to acquire a security in their +possessions, and to fix their influence over their vassals, tenants, +and slaves: and the immense fortunes which the Conqueror had bestowed +on his chief captains served to support their independence, and make +them formidable to their sovereign. + +He gave, for instance, to Hugh de Abrincis, his sister's son, the +whole county of Chester, which he erected into a palatinate, and +rendered by his grant almost independent of the crown [k]. Robert, +Earl of Mortaigne, had 973 manors and lordships: Allan, Earl of +Britany and Richmond, 442: Odo, Bishop of Baieux, 439 [l]: Geoffrey, +Bishop of Coutance, 280 [m]: Walter Giffard, Earl of Buckingham, 107: +William, Earl Warrenne, 298, besides 28 towns or hamlets in Yorkshire: +Todenei, 81: Roger Bigod, 123: Robert, Earl of Eu, 119: Roger +Mortimer, 132, besides several hamlets: Robert de Stafford, 130: +Walter de Eurus, Earl of Salisbury, 46: Geoffrey de Mandeville, 118: +Richard de Clare, 171: Hugh de Beauchamp, 47: Baldwin de Ridvers, 164: +Henry de Ferrars, 222: William de Percy, 119 [n]: Norman d'Arcy, 33 +[o]. Sir Henry Spellman computes, that, in the large county of +Norfolk, there were not, in the Conqueror's time, above sixty-six +proprietors of land [p]. Men, possessed of such princely revenues and +jurisdictions, could not long be retained in the rank of subjects. +The great Earl Warrenne, in a subsequent reign, when he was questioned +concerning his right to the lands which he possessed, drew his sword, +which he produced as his title; adding, that William the Bastard did +not conquer the kingdom himself; but that the barons, and his ancestor +among the rest, were joint adventurers in the enterprise [q]. +[FN [k] Camd. in Chesh. Spellm. Gloss. in verb. COMES PALATINUS. [l] +Brady's Hist. p. 198, 200. [m] Order. Vital. [n] Dugdale's Baronage, +from Doomsday Book, vol. i. p. 60, 74; iii. 112, 132, 136, 138, 156, +174, 200, 207, 223, 254, 257, 269. [o] Ibid. p. 369. It is +remarkable, that this family of d'Arcy seems to be the only male +descendants of any of the Conqueror's barons now remaining among the +Peers. Lord Holdernesse is the heir of that family. [p] Spellm. +Gloss. in verb. DOMESDAY. [q] Dugd. Bar. vol. i. p. 79. Ibid. +Origines Juridicales, p. 13.] + +[MN The feudal Parliament.] +The supreme legislative power of England was lodged in the king and +great council, or what was afterwards called the Parliament. It is +not doubted but the archbishops, bishops, and most considerable +abbots, were constituent members of this council. They sat by a +double title: by prescription, as having always possessed that +privilege, through the whole Saxon period, from the first +establishment of Christianity; and by their right of baronage, as +holding of the king IN CAPITE, by military service. These two titles +of the prelates were never accurately distinguished. When the +usurpations of the church had risen to such a height as to make the +bishops affect a separate dominion, and regard their seat in +Parliament as a degradation of their episcopal dignity; the king +insisted, that they were barons, and, on that account, obliged, by the +general principles of the feudal law, to attend on him in his great +councils [r]. Yet there still remained some practices, which +supposed their title to be derived merely from ancient possession. +When a bishop was elected, he sat in Parliament before the king had +made him restitution of his temporalities; and during the vacancy of a +see, the guardian of the spiritualities was summoned to attend along +with the bishops. +[FN [r] Spellm. Gloss. In verb. BARO.] + +The barons were another constituent part of the great council of the +nation. These held immediately of the crown by a military tenure: +they were the most honourable members of the state, and had a RIGHT to +be consulted in all public deliberations: they were the immediate +vassals of the crown, and owed as a SERVICE their attendance in the +court of their supreme lord. A resolution taken without their consent +was likely to be but ill executed; and no determination of any cause +or controversy among them had any validity, where the vote and advice +of the body did not concur. The dignity of earl or count was official +and territorial, as well as hereditary; and as all the earls were also +barons, they were considered as military vassals of the crown, were +admitted in that capacity into the general council, and formed the +most honourable and powerful branch of it. + +But there was another class of the immediate military tenants of the +crown, no less, or probably more numerous than the barons, the tenants +IN CAPITE by knights' service; and these, however inferior in power or +property, held by a tenure which was equally honourable with that of +the others. A barony was commonly composed of several knights' fees; +and though the number seems not to have been exactly defined, seldom +consisted of less than fifty hides of land [s]: but where a man held +of the king only one or two knights' fees, he was still an immediate +vassal of the crown, and as such had a title to have a seat in the +general councils. But as this attendance was usually esteemed a +burden, and one too great for a man of slender fortune to bear +constantly, it is probable that, though he had a title, if he pleased, +to be admitted, he was not obliged, by any penalty, like the barons, +to pay a regular attendance. All the immediate military tenants of +the crown amounted not fully to 700, when Doomsday Book was framed; +and as the members were well pleased, on any pretext, to excuse +themselves from attendance, the assembly was never likely to become +too numerous for the despatch of public business. +[FN [s] Four hides made one knight's fee: the relief of a barony was +twelve times greater than that of a knight's fee; whence we may +conjecture its usual value. Spellm. Gloss. in verb. FEODUM. There +were 243,600 hides in England, and 60,215 knights' fees; whence it is +evident, that there were a little more than four hides in each +knight's fee.] + +[MN The Commons.] +So far the nature of a general council, or ancient Parliament, is +determined, without any doubt or controversy. The only question seems +to be with regard to the Commons, or the representatives of counties +and boroughs, whether they were also, in more early times, constituent +parts of Parliament? This question was once disputed in England with +great acrimony; but such is the force of time and evidence, that they +can sometimes prevail, even over faction; and the question seems by +general consent, and even by their own, to be at last determined +against the ruling party. It is agreed, that the Commons were no part +of the great council, till some ages after the Conquest; and that the +military tenants alone of the crown composed that supreme and +legislative assembly. + +The vassals of a baron were, by their tenure, immediately dependent on +him, owed attendance at his court, and paid all their duty to the +king, through that dependence which their lord was obliged by HIS +tenure to acknowledge to his sovereign and superior. Their land, +comprehended in the barony, was represented in Parliament by the baron +himself, who was supposed, according to the fictions of the feudal +law, to possess the direct property of it; and it would have been +deemed incongruous to give it any other representation. They stood in +the same capacity to him, that he and the other barons did to the +king. The former were peers of the barony; the latter were peers of +the realm. The vassals possessed a subordinate rank within their +district; the baron enjoyed a superior dignity in the great assembly: +they were in some degree his companions at home; he the king's +companion at court: and nothing can be more evidently repugnant to all +feudal ideas, and to that gradual subordination which was essential to +those ancient institutions, than to imagine that the king would apply +either for the advice or consent of men, who were of a rank so much +inferior, and whose duty was immediately paid to the MESNE lord that +was interposed between them and the throne [t]. +[FN [t] Spellm. Gloss. in verb. BARO.] + +If it be unreasonable to think that the vassals of a barony, though +their tenure was military, and noble, and honourable, were ever +summoned to give their opinion in national councils, much less can it +be supposed, that the tradesmen or inhabitants of boroughs, whose +condition was so much inferior, would be admitted to that privilege. +It appears from Doomsday, that the greatest boroughs were, at the time +of the Conquest, scarcely more than country villages; and that the +inhabitants lived in entire dependence on the king or great lords, and +were of a station little better than servile [u]. They were not then +so much as incorporated; they formed no community; were not regarded +as a body politic; and being really nothing but a number of low +dependent tradesmen, living, without any particular civil tie, in +neighbourhood together, they were incapable of being represented in +the states of the kingdom. Even in France, a country which made more +early advances in arts and civility than England, the first +corporation is sixty years posterior to the Conquest under the Duke of +Normandy; and the erecting of these communities was an invention of +Lewis the Gross, in order to free the people from slavery under the +lords, and to give them protection, by means of certain privileges and +a separate jurisdiction [w]. An ancient French writer calls them a +new and wicked device, to procure liberty to slaves, and encourage +them in shaking off the dominion of their masters [x]. The famous +charter, as it is called, of the Conqueror to the city of London, +though granted at a time when he assumed the appearance of gentleness +and lenity, is nothing but a letter of protection, and a declaration +that the citizens should not be treated as slaves [y]. By the English +feudal law, the superior lord was prohibited from marrying his female +ward to a burgess or a villain [z]; so near were these two ranks +esteemed to each other, and so much inferior to the nobility and +gentry. Besides possessing the advantages of birth, riches, civil +powers, and privileges, the nobles and gentlemen alone were armed; a +circumstance which gave them a mighty superiority, in an age when +nothing but the military profession was honourable, and when the loose +execution of laws gave so much encouragement to open violence, and +rendered it so decisive in all disputes and controversies [a]. +[FN [u] LIBER HOMO anciently signified a gentleman; for scarce any +one beside was entirely free. Spellm. Gloss. in verbo. [w] Du +CangeÂ’s Gloss in verb. COMMUNE, COMMUNITAS. [x] Guibertus, de vita +sua, lib. 2. cap. 7. [y] Stat. of Merton, 1235. cap. 6. [z] +Hollingshed, vol. iii. p. 15. [a] Madox's Baron. Angl. p. 19.] + +The great similarity among the feudal governments of Europe is well +known to every man that has any acquaintance with ancient history; and +the antiquaries of all foreign countries, where the question was never +embarrassed by party disputes, have allowed, that the Commons came +very late to be admitted to a share in the legislative power. In +Normandy particularly, whose constitution was most likely to be +William's model in raising his new fabric of English government, the +states were entirely composed of the clergy and nobility; and the +first incorporated boroughs or communities of that duchy were Rouen +and Falaise, which enjoyed their privileges by a grant of Philip +Augustus in the year 1207 [b]. All the ancient English historians, +when they mention the great council of the nation, call it an assembly +of the baronage, nobility, or great men; and none of their +expressions, though several hundred passages might be produced, can, +without the utmost violence, be tortured to a meaning, which will +admit the Commons to be constituent members of that body [c]. If in +the long period of two hundred years, which elapsed between the +Conquest and the latter end of Henry III., and which abounded in +factions, revolutions, and convulsions of all kinds, the House of +Commons never performed one single legislative act, so considerable as +to be once mentioned by any of the numerous historians of that age, +they must have been totally insignificant: and, in that case, what +reason can be assigned for their ever being assembled? Can it be +supposed that men of so little weight or importance possessed a +negative voice against the king and the barons? Every page of the +subsequent histories discovers their existence; though these histories +are not written with greater accuracy than the preceding ones, and +indeed scarcely equal them in that particular. The MAGNA CHARTA of +King John provides, that no scutage or aid should be imposed, either +on the land or towns, but by consent of the great council; and for +more security, it enumerates the persons entitled to a seat in that +assembly, the prelates and immediate tenants of the crown, without any +mention of the Commons: an authority so full, certain, and explicit, +that nothing but the zeal of party could ever have procured credit to +any contrary hypothesis. +[FN [b] Norman. Du Chesnii, p. 1066. Du Cange, Gloss, in verb. +COMMUNE. [c] Sometimes the historians mention the people, POPULUS, as +part of the Parliament; but they always mean the laity, in opposition +to the clergy. Sometimes the word COMMUNITAS is found; but it always +means COMMUNITAS BARONAGII. These points are clearly proved by Dr. +Brady. There is also mention sometimes made of a crowd or multitude +that thronged into the great council on particular interesting +occasions; but as deputies from boroughs are never once spoken of, the +proof that they had not then any existence becomes the more certain +and undeniable. These never could make a crowd, as they must have had +a regular place assigned them, if they had made a regular part of the +legislative body. There were only one hundred and thirty boroughs who +received writs of summons from Edward I. It is expressly said in +Gesta. Reg. Steph. p. 932, that it was usual for the populace, VULGUS, +to crowd into the great councils; where they were plainly mere +spectators, and could only gratify their curiosity.] + +It was probably the example of the French barons which first +emboldened the English to require greater independence from their +sovereign: it is also probable, that the boroughs and corporations of +England were established in imitation of those of France. It may, +therefore, be proposed as no unlikely conjecture, that both the chief +privileges of the Peers in England and the liberty of the Commons were +originally the growth of that foreign country. + +In ancient times, men were little solicitous to obtain a place in the +legislative assemblies; and rather regarded their attendance as a +burden, which was not compensated by any return of profit or honour +proportionate to the trouble and expense. The only reason for +instituting those public councils was, on the part of the subject, +that they desired some security from the attempts of arbitrary power; +and on the part of the sovereign, that he despaired of governing men +of such independent spirits without their own consent and concurrence. +But the Commons, or the inhabitants of boroughs, had not as yet +reached such a degree of consideration as to desire SECURITY against +their prince, or to imagine that, even if they were assembled in a +representative body, they had power or rank sufficient to enforce it. +The only protection which they aspired to, was against the immediate +violence and injustice of their fellow-citizens; and this advantage +each of them looked for, from the courts of justice, or from the +authority of some great lord, to whom, by law or his own choice, he +was attached. On the other hand, the sovereign was sufficiently +assured of obedience in the whole community, if he procured the +concurrence of the nobles; nor had he reason to apprehend, that any +order of the state could resist his and their united authority. The +military sub-vassals could entertain no idea of opposing both their +prince and their superiors: the burgesses and tradesmen could much +less aspire to such a thought: and thus, even if history were silent +on the head, we have reason to conclude, from the known situation of +society during those ages, that the Commons were never admitted as +members of the legislative body. + +The EXECUTIVE power of the Anglo-Norman government was lodged in the +king. Besides the stated meetings of the national council at the +three great festivals of Christmas, Easter, and Whitsuntide [d], he +was accustomed, on any sudden exigence, to summon them together. He +could at his pleasure command the attendance of his barons and their +vassals, in which consisted the military force of the kingdom; and +could employ them, during forty days, either in resisting a foreign +enemy, or reducing his rebellious subjects. And what was of great +importance, the whole JUDICIAL power was ultimately in his hands, and +was exercised by officers and ministers of his appointment. +[FN [d] Dugd. Orig. Jurid. p. 15. Spellm. Gloss. In verbo +PARLIAMENTUM.] + +[MN Judicial power.] +The general plan of the Anglo-Norman government was, that the court of +barony was appointed to decide such controversies as arose between +the several vassals or subjects of the same barony; the hundred court +and county court, which were still continued as during the Saxon times +[e], to judge between the subjects of different baronies [f]; and the +CURIA REGIS, or king's court, to give sentence among the barons +themselves [g]. But this plan, though simple, was attended with some +circumstances which, being derived from a very extensive authority +assumed by the Conqueror, contributed to increase the royal +prerogative: and, as long as the state was not disturbed by arms, +reduced every order of the community to some degree of dependence and +subordination. +[FN [e] Ang. Sacra, vol. i. p. 334, &c. Dugd. Orig. Jurid. p. 27, 29. +Madox, Hist. of Exch. p. 75, 76. Spellm. Gloss. in verbo HUNDRED. +[f] None of the feudal governments in Europe had such institutions as +the county courts, which the great authority of the Conqueror still +retained from the Saxon customs. All the freeholders of the county, +even the greatest barons, were obliged to attend the sheriffs in these +courts, and to assist them in the administration of justice. By these +means they received frequent and sensible admonitions of their +dependence on the king or supreme magistrate: they formed a kind of +community with their fellow barons and freeholders: they were often +drawn from their individual and independent state, peculiar to the +feudal system, and were made members of a political body: and, +perhaps, this institution of county courts in England has had greater +effects on the government than has yet been distinctly pointed out by +historians, or traced by antiquaries. The barons were never able to +free themselves from this attendance on the sheriffs and itinerant +justices till the reign of Henry III. [g] Brady, Pref. p. 143.] + +The king himself often sat in his court, which always attended his +person [h]: he there heard causes and pronounced judgment [i]; and +though he was assisted by the advice of the other members, it is not +to be imagined that a decision could easily be obtained contrary to +his inclination or opinion. In his absence the chief justiciary +presided, who was the first magistrate in the state, and a kind of +viceroy, on whom depended all the civil affairs of the kingdom [k] +The other chief officers of the crown, the constable, mareschal, +seneschal, chamberlain, treasurer, and chancellor [l], were members, +together with such feudal barons as thought proper to attend, and the +barons of the exchequer, who at first were also feudal barons, +appointed by the king [m]. This court, which was sometimes called the +king's court, sometimes the court of exchequer, judged in all causes, +civil and criminal, and comprehended the whole business which is now +shared out among four courts, the chancery, the king's-bench, the +common-pleas, and the exchequer [n]. +[FN [h] Madox, Hist. of Exch. p. 103. [i] Bracton, lib. 3. cap. 9. +Sec. 1. cap. 10. Sec. 1. [k] Spellm. Gloss. in verbo JUSTICIARII. +[l] Madox, Hist. Exch. p. 27, 29, 33, 38, 41, 54. The Normans +introduced the practice of sealing charters; and the chancellor's +office was to keep the great seal. Ingulph. Dugd. p. 33, 34. [m] +Madox, Hist. of the Exch. p. 134, 135. Gerv. Dorob. p. 1387. [n] +Madox, Hist. of the Exch. p. 56, 70.] + +Such an accumulation of powers was itself a great source of authority, +and rendered the jurisdiction of the court formidable to all the +subjects; but the turn which judicial trials took soon after the +Conquest served still more to increase its authority, and to augment +the royal prerogatives. William, among the other violent changes +which he attempted and effected, had introduced the Norman law into +England [o], had ordered all the pleadings to be in that tongue, and +had interwoven, with the English jurisprudence, all the maxims and +principles, which the Normans, more advanced in cultivation, and +naturally litigious, were accustomed to observe in the distribution of +justice. Law now became a science, which at first fell entirely into +the hands of the Normans; and which, even after it was communicated to +the English, required so much study and application, that the laity, +in those ignorant ages, were incapable of attaining it, and it was a +mystery almost solely confined to the clergy, and chiefly to the monks +[p]. The great officers of the crown, and the feudal barons, who were +military men, found themselves unfit to penetrate into those +obscurities; and though they were entitled to a seat in the supreme +judicature, the business of the court was wholly managed by the chief +justiciary and the law barons, who were men appointed by the king and +entirely at his disposal [q]. This natural course of things was +forwarded by the multiplicity of business which flowed into that +court, and which daily augmented by the appeals from all the +subordinate judicatures of the kingdom. +[FN [o] Dial. de Scac. p. 30. apud Madox, Hist. of the Exchequer. [p] +Malmes. lib. 4. p. 123. [q] Dugd. Orig. Jurid. p. 25.] + +In the Saxon times, no appeal was received in the king's court, except +upon the denial or delay of justice by the inferior courts; and the +same practice was still observed in most of the feudal kingdoms of +Europe. But the great power of the Conqueror established, at first, +in England, an authority, which the monarchs in France were not able +to attain till the reign of St. Lewis, who lived near two centuries +after: he empowered his court to receive appeals both from the courts +of barony and the county courts, and by that means brought the +administration of justice ultimately into the hands of the sovereign +[r]. And lest the expense or trouble of a journey to courts should +discourage suitors, and make them acquiesce in the decision of the +inferior judicatures, itinerant judges were afterwards established, +who made their circuits throughout the kingdom, and tried all causes +that were brought before them [s]. By this expedient the courts of +barony were kept in awe; and if they still preserved some influence, +it was only from the apprehensions which the vassals might entertain +of disobliging their superior, by appealing from his jurisdiction. +But the county courts were much discredited; and as the freeholders +were found ignorant of the intricate principles and forms of the new +law, the lawyers gradually brought all business before the king's +judges, and abandoned the ancient simple and popular judicature. +After this manner, the formalities of justice, which, though they +appear tedious and cumbersome, are found requisite to the support of +liberty in all monarchical governments, proved at first, by a +combination of causes, very advantageous to royal authority in +England. +[FN [r] Madox, Hist. of the Exch. p. 65. Glanv. lib. 12. cap. 1. 7. +LL. Hen. I. Sec. 31, apud Wilkins, p. 248. Fitz-Stephens, p. 36. +Coke's Comment. on the statute of Marlbridge, cap. 20. [s] Madox, +Hist. of the Exch. p. 83, 84, 100. Gerv. Dorob. p. 1410. What made +the Anglo-Norman barons more readily submit to appeals from their +court to the king's court of exchequer, was their being accustomed to +like appeals in Normandy to the ducal court of exchequer. See +Gilbert's History of the Exchequer, p. 1, 2; though the author thinks +it doubtful, whether the Norman court was not rather copied from the +English, p. 6.] + +[MN Revenue of the crown.] +The power of the Norman kings was also much supported by a great +revenue; and by a revenue that was fixed, perpetual, and independent +of the subject. The people, without betaking themselves to arms, had +no check upon the king, and no regular security for the due +administration of justice. In those days of violence, many instances +of oppression passed unheeded; and soon after were openly pleaded as +precedents, which it was unlawful to dispute or control. Princes and +ministers were too ignorant to be themselves sensible of the +advantages attending an equitable administration; and there was no +established council or assembly which could protect the people, and, +by withdrawing supplies, regularly and peaceably admonish the king of +his duty, and ensure the execution of the laws. + +The first branch of the king's stated revenue was the royal demesnes +or crown lands, which were very extensive, and comprehended, besides a +great number of manors, most of the chief cities of the kingdom. It +was established by law, that the king could alienate no part of his +demesne, and that he himself, or his successor, could at any time +resume such donations [t]: but this law was never regularly observed; +which happily rendered in time the crown somewhat more dependent. The +rent of the crown lands, considered merely as so much riches, was a +source of power: the influence of the king over his tenants and the +inhabitants of his towns increased this power: but the other numerous +branches of his revenue, besides supplying his treasury, gave, by +their very nature, a great latitude to arbitrary authority, and were a +support of the prerogative; as will appear from an enumeration of +them. +[FN [t] Fleta, lib. 1. cap. 8. Sec. 17. lib. 3. cap. 6. Sec. 3. +Bracton, lib. 2. cap. 5.] + +The king was never content with the stated rents, but levied heavy +talliages at pleasure on the inhabitants both of town and country, who +lived within his demesne. All bargains of sale, in order to prevent +theft, being prohibited, except in boroughs and public markets [u], he +pretended to exact tolls, on all goods which were there sold [w]. He +seized two hogsheads, one before and one behind the mast, from every +vessel that imported wine. All goods paid to his customs a +proportionable part of their value [x]: passage over bridges and on +rivers was loaded with tolls at pleasure [y]: and though the boroughs +by degrees bought the liberty of farming these impositions, yet the +revenue profited by these bargains: new sums were often exacted for +the renewal and confirmation of their charters [z] and the people were +thus held in perpetual dependence. +[FN [u] LL. Will. I. cap. 61. [w] Madox, p. 530. [x] Ibid. p. 529. +This author says a fifteenth. But it is not easy to reconcile this +account to other authorities. [y] Madox, p. 529. [z] Madox's Hist. +of the Exch. p. 275, 276, 277, &c.] + +Such was the situation of the inhabitants within the royal demesnes. +But the possessors of land, or the military tenants, though they were +better protected both by law, and by the great privilege of carrying +arms, were, from the nature of their tenures, much exposed to the +inroads of power, and possessed not what we should esteem, in our age, +a very durable security. The Conqueror ordained, that the barons +should be obliged to pay nothing beyond their stated services [a], +except a reasonable aid to ransom his person if he were taken in war, +to make his eldest son a knight, and to marry his eldest daughter. +What should, on these occasions, be deemed a reasonable aid, was not +determined; and the demands of the crown were so far discretionary. +[FN [a] LL. Will. Conq. Sec. 55.] + +The king could require in war the personal attendance of his vassals, +that is, of almost all the landed proprietors; and if they declined +the service, they were obliged to pay him a composition in money, +which was called a scutage. The sum was, during some reigns, +precarious and uncertain; it was sometimes levied without allowing the +vassal the liberty of personal service [b]; and it was an usual +artifice of the king, to pretend an expedition, that he might be +entitled to levy the scutage from his military tenants. Danegelt was +another species of land-tax levied by the early Norman kings, +arbitrarily, and contrary to the laws of the Conqueror [c]. Moneyage +was also a general land-tax of the same nature, levied by the two +first Norman kings, and abolished by the charter of Henry I. [d]. It +was a shilling paid every three years by each hearth, to induce the +king not to use his prerogative in debasing the coin. Indeed it +appears from that charter, that though the Conqueror had granted his +military tenants an immunity from all taxes and talliages, he and his +son William had never thought themselves bound to observe that rule, +but had levied impositions at pleasure on all the landed estates of +the kingdom. The utmost that Henry grants, is, that the land +cultivated by the military tenant himself shall not be so burdened; +but he reserves the power of taxing the farmers; and as it is known +that Henry's charter was never observed in any one article, we may be +assured that this prince and his successors retracted even this small +indulgence, and levied arbitrary impositions on all the lands of all +their subjects. These taxes were sometimes very heavy; since +Malmesbury tells us, that in the reign of William Rufus, the farmers, +on account of them, abandoned tillage, and a famine ensued [e]. +[FN [b] Gervase de Tilbury, p. 25. [c] Madox's Hist of the Exch. p. +475. [d] Matth. Paris, p. 38. [e] So also Chron. Abb. St. Petri de +Burgo, p. 55. Knyghton, p. 2366.] + +The escheats were a great branch both of power and of revenue, +especially during the first reigns after the Conquest. In default of +posterity from the first baron, his land reverted to the crown, and +continually augmented the king's possessions. The prince had indeed +by law a power of alienating these escheats; but by this means he had +an opportunity of establishing the fortunes of his friends and +servants, and thereby enlarging his authority. Sometimes he retained +them in his own hands; and they were gradually confounded with the +royal demesnes, and became difficult to be distinguished from them. +This confusion is probably the reason why the king acquired the right +of alienating his demesnes. + +But besides escheats from default of heirs, those which ensued from +crimes, or breach of duty towards the superior lord, were frequent in +ancient times. If the vassal, being thrice summoned to attend his +superiorÂ’s court, and do fealty, neglected or refused obedience, he +forfeited all title to his land [f]. If he denied his tenure, or +refused his service, he was exposed to the same penalty [g]. If he +sold his estate without licence from his lord [h], or if he sold it +upon any other tenure or title than that by which he himself held it +[i], he lost all right to it. The adhering to his lord's enemies [k], +deserting him in war [l], betraying his secrets [m], debauching his +wife, or his near relations [n], or even using indecent freedoms with +them [o], might be punished by forfeiture. The higher crimes, rapes, +robbery, murder, arson, &c., were called felony; and being interpreted +want of fidelity to his lord, made him lose his fief [p]. Even where +the felon was vassal to a baron, though his immediate lord enjoyed the +forfeiture, the king might retain possession of his estate during a +twelvemonth, and had the right of spoiling and destroying it, unless +the baron paid him a reasonable composition [q]. We have not here +enumerated all the species of felonies, or of crimes by which +forfeiture was incurred: we have said enough to prove, that the +possession of feudal property was anciently somewhat precarious, and +that the primary idea was never lost, of its being a kind of FEE or +BENEFICE. +[FN [f] Hottom. de Feud. Disp. cap. 38. col. 886. [g] Lib. Feud. lib. +3. tit. 1; lib. 4. tit. 21, 39. [h] Id. lib. 1. tit. 21. [i] Id. +lib. 4. tit. 44. [k] Id. lib. 3. tit. 1. [l] Id. lib. 4. tit. 14, +21. [m] Id. lib. 4. tit. 14. [n] Id. lib. 1. tit. 14, 23. [o] Id. +lib. 1. tit. 1. [p] Spellm. Gloss. in verb. FELONIA. [q] Ibid. +Glanville, lib. 7 cap. 17.] + +When a baron died, the king immediately took possession of the estate; +and the heir, before he recovered his right, was obliged to make +application to the crown, and desire that he might be admitted to do +homage for his land, and pay a composition to the king. This +composition was not at first fixed by law, at least by practice: the +king was often exorbitant in his demands, and kept possession of the +land till they were complied with. + +If the heir were a minor, the king retained the whole profit of the +estate till his majority; and might grant what sum he thought proper +for the education and maintenance of the young baron. This practice +was also founded on the notion, that a fief was a benefice, and that +while the heir could not perform his military services, the revenue +devolved to the superior, who employed another in his stead. It is +obvious, that a great proportion of the landed property must, by means +of this device, be continually in the hands of the prince, and that +all the noble families were thereby held in perpetual dependence. +When the king granted the wardship of a rich heir to any one, he had +the opportunity of enriching a favourite or minister: if he sold it, +he thereby levied a considerable sum of money. Simon de Mountfort +paid Henry III. ten thousand marks, an immense sum in those days, for +the wardship of Gilbert de Umfreville [r]. Geoffrey de Mandeville +paid to the same prince the sum of twenty thousand marks, that he +might marry Isabel, Countess of Gloucester, and possess all her lands +and knights' fees. This sum would be equivalent to three hundred +thousand, perhaps four hundred thousand pounds in our time [s]. +[FN [r] Madox's Hist. of the Exch. p. 223. [s] MadoxÂ’s Hist. of the +Exch. p. 322.] + +If the heir were a female, the king was entitled to offer her any +husband of her rank he thought proper; and if she refused him, she +forfeited her land. Even a male heir could not marry without the +royal consent; and it was usual for men to pay large sums for the +liberty of making their own choice in marriage [t]. No man could +dispose of his land, either by sale or will, without the consent of +his superior. The possessor was never considered as full proprietor: +he was still a kind of beneficiary; and could not oblige his superior +to accept of any vassal that was not agreeable to him. +[FN [t] Ibid. p. 320.] + +Fines, amerciaments, and oblatas, as they were called, were another +considerable branch of the royal power and revenue. The ancient +records of the exchequer, which are still preserved, give surprising +accounts of the numerous fines and amerciaments levied in those days +[u] and of the strange inventions fallen upon to exact money from the +subject. It appears that the ancient kings of England put themselves +entirely on the footing of the barbarous eastern princes, whom no man +must approach without a present, who sell all their good offices, and +who intrude themselves into every business that they may have a +pretence for extorting money. Even justice was avowedly bought and +sold; the king's court itself, though the supreme judicature of the +kingdom, was open to none that brought not presents to the king; the +bribes given for the expedition, delay [w], suspension, and, doubtless +for the perversion of justice, were entered in the public registers of +the royal revenue, and remain as monuments of the perpetual iniquity +and tyranny of the times. The barons of the exchequer, for instance, +the first nobility of the kingdom, were not ashamed to insert, as an +article in their records, that the county of Norfolk paid a sum that +they might be fairly dealt with [x]; the borough of Yarmouth, that the +king's charters, which they have for their liberties, might not be +violated [y]; Richard, son of Gilbert, for the king's helping him to +recover his debt from the Jews [z]; Serlo, son of Terlavaston, that he +might be permitted to make his defence in case he were accused of a +certain homicide [a]; Walter de Burton, for free law, if accused of +wounding another [b]; Robert de Essart, for having an inquest to find +whether Roger the Butcher, and Wace and Humphrey, accused him of +robbery and theft out of envy and ill-will or not [c]; William +Buhurst, for having an inquest to find whether he were accused of the +death of one Godwin out of ill-will, or for just cause [d]. I have +selected these few instances from a great number of a like kind, which +Madox had selected from a still greater number, preserved in the +ancient rolls of the exchequer [e]. +[FN [u] Id. p. 272. [w] Id. p. 274, 309. [x] Id. p. 295. [y] Id. +ibid. [z] MadoxÂ’s Hist. of the Exch. p. 296. He paid two hundred +marks, great sum in those days. [a] Id. p. 296. [b] Id. ibid. [c] +Id. p. 298. [d] Id. p. 302. [e] Id. chap. 12.] + +Sometimes the party litigant offered the king a certain portion, a +half, a third, a fourth, payable out of the debts, which he, as the +executor of justice, should assist him in recovering [f]. Theophania +de Westland agreed to pay the half of two hundred and twelve marks, +that she might recover that sum against James de Fughleston [g]; +Solomon, the Jew, engaged to pay one mark out of every seven that he +should recover against Hugh de la Hose [h]; Nicholas Morrel promised +to pay sixty pounds, that the Earl of Flanders might be distrained to +pay him three hundred and forty-three pounds, which the earl had taken +from him; and these sixty pounds were to be paid out of the first +money that Nicholas should recover from the earl [i]. +[FN [f] Id. p. 311. [g] Id. ibid. [h] Id. p. 79, 312. [i] Id. p. +312.] + +As the king assumed the entire power over trade, he was to be paid for +a permission to exercise commerce or industry of any kind [k]. Hugh +Oisel paid four hundred marks for liberty to trade in England [l]; +Nigel de Havene gave fifty marks for the partnership in merchandize +which he had with Gervase de Hanton [m]; the men of Worcester paid one +hundred shillings, that they might have the liberty of selling and +buying dyed cloth as formerly [n]; several other towns paid for a like +liberty [o]. The commerce indeed of the kingdom was so much under +the control of the king, that he erected guilds, corporations, and +monopolies, wherever he pleased; and levied sums for these exclusive +privileges [p]. +[FN [k] Id. p. 323. [l] Id. ibid. [m] Id. ibid. [n] Id. p. 324. +[o] Id. ibid. [p] Madox's Hist. of the Exch. p. 232, 233, &c.] + +There were no profits so small as to be below the king's attention. +Henry, son of Arthur, gave ten dogs to have a recognition against the +Countess of Copland for one knight's fee [q]. Roger, son of Nicholas, +gave twenty lampreys and twenty shads for an inquest to find, whether +Gilbert, son of Alured, gave to Roger two hundred muttons to obtain +his confirmation for certain lands, or whether Roger took them from +him by violence [r]; Geoffrey Fitz-Pierre, the chief justiciary, gave +two good Norway hawks, that Walter le Madine might have leave to +export a hundred weight of cheese out of the king's dominions [s]. +[FN [q] Id. p. 298. [r] Id. p. 305. [s] Id. p. 325.] + +It is really amusing to remark the strange business in which the king +sometimes interfered, and never without a present. The wife of Hugh +de Neville gave the king two hundred hens, that she might lie with her +husband one night [t]; and she brought with her two sureties, who +answered each for a hundred hens. It is probable that her husband was +a prisoner, which debarred her from having access to him. The Abbot +of Rucford paid ten marks for leave to erect houses and place men upon +his land near Welhang, in order to secure his wood there from being +stolen [u]. Hugh, Archdeacon of Wells, gave one tun of wine for leave +to carry six hundred sums of corn whither he would [w]; Peter de +Peraris gave twenty marks for leave to salt fishes, as Peter Chevalier +used to do [x]. +[FN [t] Id. p. 320. [u] Id. p. 326. [w] Id. p. 320. [x] Id. p. +326.] + +It was usual to pay high fines, in order to gain the king's good-will, +or mitigate his anger. In the reign of Henry II., Gilbert, the son of +Fergus, fines in nine hundred and nineteen pounds, nine shillings, to +obtain that prince's favour; William de Chataignes, a thousand marks, +that he would remit his displeasure. In the reign of Henry III., the +city of London fines in no less a sum than twenty thousand pounds on +the same account [y]. +[FN [y] Id. p. 327, 329.] + +The king's protection and good offices of every kind were bought and +sold. Robert Grislet paid twenty marks of silver, that the king would +help him against the Earl of Mortaigne, in a certain plea [z]: Robert +de Cundet gave thirty marks of silver, that the king would bring him +to an accord with the Bishop of Lincoln [a]: Ralph de Breckham gave a +hawk, that the king would protect him [b]; and this is a very frequent +reason for payments: John, son of Ordgar, gave a Norway hawk, to have +the king's request to the king of Norway to let him have his brother +Godard's chattels [c]: Richard de Neville gave twenty palfreys to +obtain the king's request to Isolda Bisset, that she should take him +for a husband [d]: Roger Fitz-Walter gave three good palfreys to have +the king's letter to Roger Bertram's mother, that she should marry him +[e]: Eling, the dean, paid one hundred marks, that his whore and his +children might be let out upon bail [f]: the Bishop of Winchester gave +one tun of good wine for his not putting the king in mind to give a +girdle to the Countess of Albemarle [g]: Robert de Veaux gave five of +the best palfreys, that the king would hold his tongue about Henry +Pinel's wife [h]. There are in the records of exchequer, many other +singular instances of a like nature [i]. It will, however, be just to +remark, that the same ridiculous practices and dangerous abuses +prevailed in Normandy, and probably in all the other states of Europe +[k]: England was not, in this respect, more barbarous than its +neighbours. +[FN [z] Madox's Hist. of the Exch. p. 329. [a] Id. p. 330. [b] Id. +p. 332. [c] Id. ibid. [d] Id. p. 333. [e] Id. ibid. [f] Id. p. +342. PRO HABENDA AMICA SUA ET FILIIS, &c. [g] Id. p. 352. [h] Id. +ibid. UT REX TACERET DE UXORE HENRICI PINEL. [i] WE SHALL GRATIFY +THE READER'S CURIOSITY BY SUBJOINING A FEW MORE INSTANCES FROM MADOX, +p. 332. Hugh Oisel was to give the king two robes of a good green +colour, to have the king's letters patent to the merchants of +Flanders, with a request to render him one thousand marks, which he +lost in Flanders. The Abbot of Hyde paid thirty marks, to have the +king's letters of request to the Archbishop of Canterbury, to remove +certain monks that were against the abbot. Roger de Trihanton paid +twenty marks and a palfrey, to have the king's request to Richard de +Umfreville to give him his sister to wife, and to the sister, that she +would accept him for a husband. William de Cheveringworth paid five +marks, to have the king's letter to the Abbot of Perfore, to let him +enjoy peaceably his tithes as formerly. Matthew de Hereford, clerk, +paid ten marks for a letter of request to the Bishop of Llandaff, to +let him enjoy peaceably his church of Schenfrith. Andrew Neulun gave +three Flemish caps for the king's request to the Prior of Chikesand, +for performance of an agreement made between them. Henry de Fontibus +gave a Lombardy horse of value, to have the king's request to Henry +Fitz-Hervey, that he would grant him his daughter to wife. Roger, son +of Nicholas, promised all the lampreys he could get, to have the +king's request to Earl William Marshall, that he would grant him the +manor of Langeford at Firm. The burgesses of Gloucester promised +three hundred lampreys, that they might not be distrained to find the +prisoners of Poictou with necessaries, unless they pleased. Id. p. +352. Jordan, son of Reginald, paid twenty marks, to have the king's +request to William Paniel, that he would grant him the land of Mill +Nieresult, and the custody of his heirs: and if Jordan obtained the +same, he was pay the twenty marks, otherwise not. Id. p. 333. [k] +Madox's Hist. of the Exch. p. 359.] + +These iniquitous practices of the Norman kings were so well known, +that on the death of Hugh Bigod, in the reign of Henry II., the best +and most just of these princes, the eldest son and the widow of this +nobleman came to court, and strove, by offering large presents to the +king, each of them to acquire possession of that rich inheritance. +The king was so equitable as to order the cause to be tried by the +great council! But, in the mean time, he seized all the money and +treasure of the deceased [l]. Peter of Blois, a judicious, and even +an elegant writer for that age, gives a pathetic description of the +venality of justice, and the oppressions of the poor, under the reign +of Henry; and he scruples not to complain to the king himself of these +abuses [m]. We may judge what the case would be under the government +of worst princes. The articles of inquiry concerning the conduct of +sheriffs, which Henry promulgated in 1170, show the great power, as +well as the licentiousness of these officers [n]. +[FN [l] Bened. Abb. p. 180, 181. [m] Petri Bles. Epist. 95. apud +Bibl. Patrum, tom. p. xxiv. 2014. [n] Hoveden, Chron. Gerv. p. 1410.] + +Amerciaments, or fines for crimes and trespasses, were another +considerable branch of the royal revenue [o]. Most crimes were atoned +for by money; the fines imposed were not limited by any rule or +statute; and frequently occasioned the total ruin of the person, even +for the slightest trespasses. The forest-laws, particularly, were a +great source of oppression. The king possessed sixty-eight forests, +thirteen chases, and seven hundred and eighty-one parks, in different +parts of England [p]; and considering the extreme passion of the +English and Normans for hunting, these were so many snares laid for +the people, by which they were allured into trespasses, and brought +within the reach of arbitrary and rigorous laws, which the king had +thought proper to enact by his own authority. +[FN [o] Madox, chap. 14. [p] Spellm. Gloss. in verbo FORESTA.] + +But the most barefaced acts of tyranny and oppression were practised +against the Jews, who were entirely out of the protection of law, were +extremely odious from the bigotry of the people, and were abandoned to +the immeasurable rapacity of the king and his ministers. Besides many +other indignities to which they were continually exposed, it appears +that they were once all thrown into prison, and the sum of sixty-six +thousand marks exacted for their liberty [q]: at another time, Isaac +the Jew paid alone five thousand one hundred marks [r]; Brun, three +thousand marks [s]; Jurnet, two thousand; Bennet, five hundred: at +another, Licorica, widow of David, the Jew of Oxford, was required to +pay six thousand marks; and she was delivered over to six of the +richest and discreetest Jews in England, who were to answer for the +sum [t]. Henry III. borrowed five thousand marks from the Earl of +Cornwall; and for his repayment, consigned over to him all the Jews in +England [u]. The revenue arising from exactions upon this nation was +so considerable, that there was a particular court of exchequer set +apart for managing it [w]. +[FN [q] Madox's Hist. of the Exch. p. 151. This happened in the reign +of King John. [r] Id. p. 151. [s] Id. p. 153. [t] Id. p. 168. [u] +Id. p. 156. [w] Id. chap. 7.] + +[MN Commerce.] +We may judge concerning the low state of commerce among the English, +when the Jews, notwithstanding these oppressions, could still find +their account in trading among them, and lending them money. And as +the improvements of agriculture were also much checked by the immense +possessions of the nobility, by the disorders of the times, and by the +precarious state of feudal property, it appears that industry of no +kind could then have place in the kingdom [x]. +[FN [x] We learn from the extracts given us of Doomsday by Brady, in +his Treatise of Boroughs, that almost all the boroughs of England had +suffered in the shock of the Conquest, and had extremely decayed +between the death of the Confessor, and the time when Doomsday was +framed.] + +It is asserted by Sir Henry Spellman [y], as an undoubted truth, that, +during the reigns of the first Norman princes, every edict of the +king, issued with the consent of his privy council, had the full force +of law. But the barons, surely, were not so passive as to intrust a +power, entirely arbitrary and despotic, into the hands of the +sovereign. It only appears, that the constitution had not fixed any +precise boundaries to the royal power; that the right of issuing +proclamations on any emergence, and of exacting obedience to them, a +right which was always supposed inherent in the crown, is very +difficult to be distinguished from a legislative authority; that the +extreme imperfection of the ancient laws, and the sudden exigencies +which often occurred in such turbulent governments, obliged the prince +to exert frequently the latent powers of his prerogative; that he +naturally proceeded, from the acquiescence of the people, to assume, +in many particulars of moment, an authority from which he had excluded +himself by express statutes, charters, or concessions, and which was, +in the main, repugnant to the general genius of the constitution; and +that the lives, the personal liberty, and the properties of all his +subjects, were less secured by law against the exertion of his +arbitrary authority, than by the independent power and private +connexions of each individual. It appears from the great charter +itself, that not only John, a tyrannical prince, and Richard, a +violent one, but their father, Henry, under whose reign the prevalence +of gross abuses is the least to be suspected, were accustomed, from +their sole authority, without process of law, to imprison, banish, and +attaint the freemen of their kingdom. +[FN [y] Gloss. in verb. JUDICIUM DEI. The author of the MIROIR DES +JUSTICES complains, that ordinances are only made by the king and his +clerks, and by aliens and others, who dare not contradict the king, +but study to please him. Whence, he concludes, laws are oftener +dictated by will, than founded on right.] + +A great baron, in ancient times, considered himself as a kind of +sovereign within his territory; and was attended by courtiers and +dependents more zealously attached to him than the ministers of state +and the great officers were commonly to THEIR sovereign. He often +maintained in his court the parade of royalty, by establishing a +justiciary, constable, mareschal, chamberlain, seneschal, and +chancellor, and assigning to each of these officers a separate +province and command. He was usually very assiduous in exercising his +jurisdiction; and took such delight in that image of sovereignty, that +it was found necessary to restrain his activity, and prohibit him by +law from holding courts too frequently [z]. It is not to be doubted, +but the example, set him by the prince of a mercenary and sordid +extortion, would be faithfully copied, and that all his good and bad +offices, his justice and injustice, were equally put to sale. He had +the power, with the king's consent, to exact talliages even from the +free citizens who lived within his barony; and as his necessities made +him rapacious, his authority was usually found to be more oppressive +and tyrannical than that of the sovereign [a]. He was ever engaged in +hereditary or personal animosities or confederacies with his +neighbours, and often gave protection to all desperate adventurers and +criminals, who could be useful in serving his violent purposes. He +was able alone, in times of tranquillity, to obstruct the execution of +justice within his territories; and by combining with a few +malecontent barons of high rank and power, he could throw the state +into convulsions. And, on the whole, though the royal authority was +confined within bounds, and often within very narrow ones, yet the +check was irregular, and frequently the source of great disorders; nor +was it derived from the liberty of the people, but from the military +power of many petty tyrants, who were equally dangerous to the prince +and oppressive to the subject. +[FN [z] Dugd. Jurid. Orig. p. 26. [a] Madox, Hist. of the Exch. p. +520.] + +[MN The Church.] +The power of the church was another rampart against royal authority; +but this defence was also the cause of many mischiefs and +inconveniences. The dignified clergy, perhaps, were not so prone to +immediate violence as the barons; but as they pretended to a total +independence on the state, and could always cover themselves with the +appearances of religion, they proved, in one respect, an obstruction +to the settlement of the kingdom, and to the regular execution of the +laws. The policy of the Conqueror was in this particular liable to +some exception. He augmented the superstitious veneration for Rome, +to which that age was so much inclined; and he broke those bands of +connexion, which, in the Saxon times, had preserved an union between +the lay and the clerical orders. He prohibited the bishops from +sitting in the county courts; he allowed ecclesiastical causes to be +tried in spiritual courts only [b]; and he so much exalted the power +of the clergy, that of sixty thousand two hundred and fifteen knights' +fees, into which he divided England, he placed no less than twenty- +eight thousand and fifteen under the church [c]. +[FN [b] Char. Will. apud Wilkins, p. 230. Spellm. Conc. vol. ii. p. +14. [c] Spellm. Gloss. in verb. MANUS MORTUA. We are not to imagine, +as some have done, that the church possessed lands in this proportion, +but only that they and their vassals enjoyed such a proportionable +part of the landed property.] + +[MN Civil laws.] +The right of primogeniture was introduced with the feudal law: an +institution which is hurtful, by producing and maintaining an unequal +division of private property; but is advantageous, in another respect, +by accustoming the people to a preference in favour of the eldest son, +and thereby preventing a partition or disputed succession in the +monarchy. The Normans introduced the use of surnames, which tend to +preserve the knowledge of families and pedigrees. They abolished none +of the old absurd methods of trial by the cross or ordeal; and they +added a new absurdity, the trial by single combat [d], which became a +regular part of jurisprudence, and was conducted with all the order, +method, devotion, and solemnity imaginable [e]. The ideas of chivalry +also seem to have been imported by the Normans: no traces of those +fantastic notions are to be found among the plain and rustic Saxons. +[FN [d] LL. Will. cap. 68. [e] Spellm. Gloss. in verb. CAMPUS. The +last instance of these duels was in the 15th of Eliz. So long did +that absurdity remain.] + +[MN Manners.] +The feudal institutions, by raising the military tenants to a kind of +sovereign dignity, by rendering personal strength and valour +requisite, and by making every knight and baron his own protector and +avenger, begat that martial pride and sense of honour, which, being +cultivated and embellished by the poets and romance-writers of the +age, ended in chivalry. The virtuous knight fought not only in his +own quarrel, but in that of the innocent, of the helpless, and, above +all, of the fair, whom he supposed to be for ever under the +guardianship of his valiant arm. The uncourteous knight who, from his +castle, exercised robbery on travellers, and committed violence on +virgins, was the object of his perpetual indignation; and he put him +to death, without scruple, or trial, or appeal, whenever he met with +him. The great independence of men made personal honour and fidelity +the chief tie among them; and rendered it the capital virtue of every +true knight, or genuine professor of chivalry. The solemnities of +single combat, as established by law, banished the notion of every +thing unfair or unequal in rencounters; and maintained an appearance +of courtesy between the combatants till the moment of their +engagement. The credulity of the age grafted on this stock the notion +of giants, enchanters, dragons, spells [f], and a thousand wonders, +which still multiplied during the time of the crusades; when men, +returning from so great a distance, used the liberty of imposing every +fiction on their believing audience. These ideas of chivalry infected +the writings, conversation, and behaviour of men, during some ages; +and even after they were, in a great measure, banished by the revival +of learning, they left modern GALLANTRY and the POINT OF HONOUR, which +still maintain their influence, and are the genuine offspring of those +ancient affectations. +[FN [f] In all legal single combats, it was part of the champion's +oath, that he carried not about him any herb, spell, or enchantment, +by which he might procure victory. Dugd. Orig. Jurid. p. 82.] + +The concession of the great charter, or rather its full establishment, +(for there was a considerable interval of time between the one and the +other,) gave rise, by degrees, to a new species of government, and +introduced some order and justice into the administration. The +ensuing scenes of our history are therefore somewhat different from +the preceding. Yet the great charter contained no establishment of +new courts, magistrates, or senates, nor abolition of the old. It +introduced no new distribution of the powers of the commonwealth, and +no innovation in the political or public law of the kingdom. It only +guarded, and that merely by verbal clauses, against such tyrannical +practices as are incompatible with civilized government, and, if they +become very frequent, are incompatible with all government. The +barbarous license of the kings, and perhaps of the nobles, was +thenceforth somewhat more restrained: men acquired some more security +for their properties and their liberties: and government approached a +little nearer to that end for which it was originally instituted, the +distribution of justice, and the equal protection of the citizens. +Acts of violence and iniquity in the crown, which before were only +deemed injurious to individuals, and were hazardous chiefly in +proportion to the number, power, and dignity of the persons affected +by them, were now regarded, in some degree, as public injuries, and as +infringements of a charter calculated for general security. And thus +the establishment of the great charter, without seeming anywise to +innovate in the distribution of political power, became a kind of +epoch in the constitution. + + + + +CHAPTER XII. + +HENRY III. + +SETTLEMENT OF THE GOVERNMENT.--GENERAL PACIFICATION.--DEATH OF THE +PROTECTOR.--SOME COMMOTIONS.--HUBERT DE BURGH DISPLACED.--THE BISHOP +OF WINCHESTER MINISTER.--KINGÂ’S PARTIALITY TO FOREIGNERS.-- +GRIEVANCES.--ECCLESIASTICAL GRIEVANCES.--EARL OF CORNWALL ELECTED KING +OF THE ROMANS.--DISCONTENT OF THE BARONS.--SIMON DE MOUNTFORT, EARL OF +LEICESTER.--PROVISIONS OF OXFORD.—USURPATION OF THE BARONS.--PRINCE +EDWARD.--CIVIL WARS OF THE BARONS.--REFERENCE TO THE KING OF FRANCE.-- +RENEWAL OF THE CIVIL WARS.--BATTLE OF LEWES.--HOUSE OF COMMONS.-- +BATTLE OF EVESHAM AND DEATH OF LEICESTER.--SETTLEMENT OF THE +GOVERNMENT.--DEATH--AND CHARACTER OF THE KING.--MISCELLANEOUS +TRANSACTIONS OF THIS REIGN. + + + +[MN 1216.] Most sciences, in proportion as they increase and improve, +invent methods by which they facilitate their reasonings; and, +employing general theorems, are enabled to comprehend, in a few +propositions, a great number of inferences and conclusions. History +also, being a collection of facts which are multiplying without end, +is obliged to adopt such arts of abridgment, to retain the more +material events, and to drop all the minute circumstances, which are +only interesting during the time, or to the persons engaged in the +transactions. This truth is no where more evident than with regard to +the reign upon which we are going to enter. What mortal could have +the patience to write or read a long detail of such frivolous events +as those with which it is filled, or attend to a tedious narrative +which would follow, through a series of fifty-six years, the caprices +and weaknesses of so mean a prince as Henry? The chief reason why +Protestant writers have been so anxious to spread out the incidents of +this reign is, in order to expose the rapacity, ambition, and +artifices of the court of Rome; and to prove that the great +dignitaries of the Catholic church, while they pretended to have +nothing in view but the salvation of souls, had bent all their +attention to the acquisition of riches, and were restrained by no +sense of justice or of honour in the pursuit of that great object [a]. +But this conclusion would readily be allowed them, though it were not +illustrated by such a detail of uninteresting incidents; and follows, +indeed, by an evident necessity, from the very situation in which that +church was placed with regard to the rest of Europe. For, besides +that ecclesiastical power, as it can always cover its operations under +a cloak of sanctity, and attacks men on the side where they dare not +employ their reason, lies less under control than civil government; +besides this general cause, I say, the pope and his courtiers were +foreigners to most of the churches which they governed; they could not +possibly have any other object than to pillage the provinces for +present gain; and as they lived at a distance, they would be little +awed by shame or remorse, in employing every lucrative expedient which +was suggested to them. England being one of the most remote provinces +attached to the Romish hierarchy, as well as the most prone to +superstition, felt severely during this reign, while its patience was +not yet fully exhausted, the influence of these causes; and we shall +often have occasion to touch cursorily upon such incidents. But we +shall not attempt to comprehend every transaction transmitted to us; +and, till the end of the reign, when the events become more memorable, +we shall not always observe an exact chronological order in our +narration. +[FN [a] M. Paris, p. 623.] + +[MN Settlement of the government.] +The Earl of Pembroke, who, at the time of John's death, was Mareschal +of England, was, by his office, at the head of the armies, and +consequently, during a state of civil wars and convulsions, at the +head of the government; and it happened fortunately for the young +monarch and for the nation, that the power could not have been +intrusted into more able and more faithful hands. This nobleman, who +had maintained his loyalty unshaken to John, during the lowest fortune +of that monarch, determined to support the authority of the infant +prince; nor was he dismayed at the number and violence of his enemies. +Sensible that Henry, agreeably to the prejudices of the times, would +not be deemed a sovereign till crowned and anointed by a churchman, he +immediately carried the young prince to Gloucester, [MN 1216. 28th +Oct.] where the ceremony of coronation was performed, in the presence +of Gualo, the legate, and of a few noblemen, by the Bishops of +Winchester and Bath [b]. As the concurrence of the papal authority +was requisite to support the tottering throne, Henry was obliged to +swear fealty to the pope, and renew that homage to which his father +had already subjected the kingdom [c]; and in order to enlarge the +authority of Pembroke, and to give him a more regular and legal title +to it, a general council of the barons was soon after summoned at +Bristol, [MN 11th Nov.] where that nobleman was chosen protector of +the realm. +[FN [b] M. Paris, p. 200. Hist. Croyl. cont. p. 474. W. Heming. p. +562 Trivet, p. 168. [c] M. Paris, p. 200.] + +Pembroke, that he might reconcile all men to the government of his +pupil, made him grant a new charter of liberties, which, though mostly +copied from the former concessions extorted from John, contains some +alterations which may be deemed remarkable [d]. The full privilege of +elections in the clergy, granted by the late king, was not confirmed, +nor the liberty of going out of the kingdom, without the royal +consent: whence we may conclude, that Pembroke and the barons, jealous +of the ecclesiastical power, both were desirous of renewing the king's +claim to issue a congé d'élire to the monks and chapters, and thought +it requisite to put some check to the frequent appeals to Rome. But +what may chiefly surprise us, is, that the obligation to which John +had subjected himself, of obtaining the consent of the great council +before he levied any aids or scutages upon the nation, was omitted; +and this article was even declared hard and severe, and was expressly +left to future deliberation. But we must consider, that, though this +limitation may perhaps appear to us the most momentous in the whole +charter of John, it was not regarded in that light by the ancient +barons, who were more jealous in guarding against particular acts of +violence in the crown, than against such general impositions, which, +unless they were evidently reasonable and necessary, could scarcely, +without general consent, be levied upon men who had arms in their +hands, and who could repel any act of oppression by which they were +all immediately affected. We accordingly find, that Henry, in the +course of his reign, while he gave frequent occasions for complaint, +with regard to his violations of the great charter, never attempted, +by his mere will, to levy any aids or scutages; though he was often +reduced to great necessities, and was refused supply by his people. +So much easier was it for him to transgress the law, when individuals +alone were affected, than even to exert his acknowledged prerogatives, +where the interest of the whole body was concerned. +[FN [d] Rymer, vol. i. p. 215.] + +This charter was again confirmed by the king in the ensuing year, with +the addition of some articles, to prevent the oppressions by sheriffs; +and also with an additional charter of forests, a circumstance of +great moment in those ages, when hunting was so much the occupation of +the nobility, and when the king comprehended so considerable a part of +the kingdom within his forests, which he governed by peculiar and +arbitrary laws. All the forests which had been enclosed since the +reign of Henry II. were disafforested; and new perambulations were +appointed for that purpose: offences in the forests were declared to +be no longer capital; but punishable by fine, imprisonment, and more +gentle penalties: and all the proprietors of land recovered the power +of cutting and using their own wood at their pleasure. + +Thus these famous charters were brought nearly to the shape in which +they have ever since stood; and they were, during many generations, +the peculiar favourites of the English nation, and esteemed the most +sacred rampart to national liberty and independence. As they secured +the rights of all orders of men, they were anxiously defended by all, +and became the basis, in a manner, of the English monarchy, and a kind +of original contract, which both limited the authority of the king, +and ensured the conditional allegiance of his subjects. Though often +violated, they were still claimed by the nobility and people; and as +no precedents were supposed valid that infringed them, they rather +acquired than lost authority, from the frequent attempts made against +them, in several ages, by regal and arbitrary power. + +While Pembroke, by renewing and confirming the great charter, gave so +much satisfaction and security to the nation in general, he also +applied himself successfully to individuals. He wrote letters, in the +king's name, to all the malecontent barons; in which he represented to +them, that, whatever jealousy and animosity they might have +entertained against the late king, a young prince, the lineal heir of +their ancient monarchs, had now succeeded to the throne, without +succeeding either to the resentments or principles of his predecessor: +that the desperate expedient, which they had employed of calling in a +foreign potentate, had, happily for them, as well as for the nation, +failed of entire success; and it was still in their power, by a speedy +return to their duty, to restore the independence of the kingdom, and +to secure that liberty for which they so zealously contended: that as +all past offences of the barons were now buried in oblivion, they +ought, on their part, to forget their complaints against their late +sovereign, who, if he had been anywise blameable in his conduct, had +left to his son the salutary warning, to avoid the paths which had led +to such fatal extremities; and that, having now obtained a charter for +their liberties, it was their interest to show, by their conduct, that +this acquisition was not incompatible with their allegiance, and that +the rights of king and people, so far from being hostile and opposite, +might mutually support and sustain each other [e]. +[FN [e] Rymer, vol i. p. 25. Brady's App. No. 143.] + +These considerations, enforced by the character of honour and +constancy which Pembroke had ever maintained, had a mighty influence +on the barons; and most of them began secretly to negotiate with him, +and many of them openly returned to their duty. The diffidence which +Lewis discovered of their fidelity forwarded this general propension +towards the king; and when the French prince refused the government of +the castle of Hertford to Robert Fitz-Walter, who had been so active +against the late king, and who claimed that fortress as his property, +they plainly saw that the English were excluded from every trust, and +that foreigners had engrossed all the confidence and affection of +their new sovereign [f]. The excommunication, too, denounced by the +legate against all the adherents of Lewis, failed not, in the turn +which men's dispositions had taken, to produce a mighty effect upon +them; and they were easily persuaded to consider a cause as impious, +for which they had already entertained an unsurmountable aversion [g]. +Though Lewis made a journey to France, and brought over succours from +that kingdom [h], he found, on his return, that his party was still +more weakened by the desertion of his English confederates, and that +the death of John had, contrary to his expectations, given an +incurable wound to his cause. The Earls of Salisbury, Arundel, and +Warrenne, together with William Mareschal, eldest son of the +protector, had embraced Henry's party, and every English nobleman was +plainly watching for an opportunity of returning to his allegiance. +Pembroke was so much strengthened by these accessions that he ventured +to invest Mountsorel; though, upon the approach of the Count de Perche +with the French army, he desisted from his enterprise, and raised the +siege [i]. The count, elated with this success, marched to Lincoln; +and being admitted into the town, he began to attack the castle, which +he soon reduced to extremity. The protector summoned all his forces +from every quarter, in order to relieve a place of such importance; +and he appeared so much superior to the French, that they shut +themselves up within the city, and resolved to act upon the defensive +[k]. But the garrison of the castle having received a strong +reinforcement, made a vigorous sally upon the besiegers; while the +English army, by concert, assaulted them in the same instant from +without, mounted the walls by scalade, and bearing down all +resistance, entered the city sword in hand. Lincoln was delivered +over to be pillaged; the French army was totally routed; the Count de +Perche, with only two persons more, was killed; but many of the chief +commanders, and about four hundred knights, were made prisoners by the +English [l]. So little blood was shed in this important action, which +decided the fate of one of the most powerful kingdoms in Europe; and +such wretched soldiers were those ancient barons, who yet were +unacquainted with every thing but arms! +[FN [f] M. Paris, p. 200, 202. [g] Ibid. p. 200. M. West. p. 277. +[h] Chron. Dunst. vol. i. p. 79. M. West. p. 277. [i] M. Paris, p. +203. [k] Chron. Dunst. vol. i. p. 81. [l] M. Paris, p.204, 205. +Chron. de Mailr. p. 195.] + +Prince Lewis was informed of this fatal event while employed in the +siege of Dover, which was still valiantly defended against him by +Hubert de Burgh. He immediately retreated to London, the centre and +life of his party; and he there received intelligence of a new +disaster, which put an end to all his hopes. A French fleet, bringing +over a strong reinforcement, had appeared on the coast of Kent, where +they were attacked by the English, under the command of Philip +d'Albiney, and were routed with considerable loss. D'Albiney employed +a stratagem against them, which is said to have contributed to the +victory. Having gained the wind of the French, he came down upon them +with violence; and throwing in their faces a great quantity of +quicklime, which he purposely carried on board, he so blinded them, +that they were disabled from defending themselves [m]. +[FN [m] M. Paris, p. 206. Ann. Waverl. p. 183. W. Heming. p. 563. +Trivet, p. 169. M. West. p. 277. Knyghton, p. 2428.] + +After this second misfortune of the French, the English barons +hastened every where to make peace with the protector, and, by an easy +submission, to prevent those attainders to which they were exposed on +account of their rebellion. Lewis, whose cause was now totally +desperate, began to be anxious for the safety of his person, and was +glad, on any honourable conditions, to make his escape from a country +where he found every thing was now become hostile to him. He +concluded a peace with Pembroke, promised to evacuate the kingdom, and +only stipulated, in return, an indemnity to his adherents, and a +restitution of their honours and fortunes, together with the free and +equal enjoyment of those liberties which had been granted to the rest +of the nation [n]. Thus was happily ended a civil war, which seemed +to be founded on the most incurable hatred and jealousy, and had +threatened the kingdom with the most fatal consequences. +[FN [n] Rymer, vol. i. p. 221. M. Paris, p. 207. Chron. Dunst. vol. +i. p. 83. M. West. p. 278. Knyghton, p. 2429.] + +[MN 1216. General pacification.] +The precautions which the King of France used in the conduct of this +whole affair are remarkable. He pretended that his son had accepted +of the offer from the English barons without his advice, and contrary +to his inclination: the armies sent to England were levied in Lewis's +name. When that prince came over to France for aid, his father +publicly refused to grant him any assistance, and would not so much as +admit him to his presence. Even after Henry's party acquired the +ascendant, and Lewis was in danger of falling into the hands of his +enemies, it was Blanche of Castile, his wife, not the king, his +father, who raised armies, and equipped fleets for his succour [o]. +All these artifices were employed, not to satisfy the pope, for he had +too much penetration to be so easily imposed on; nor yet to deceive +the people, for they were too gross even for that purpose. They only +served for a colouring to Philip's cause; and, in public affairs, men +are often better pleased that the truth, though known to every body, +should be wrapped up under a decent cover, than if it were exposed in +open daylight to the eyes of all the world. +[FN [o] M. Paris, p. 256. Chron. Dunst. vol. i. p. 82.] + +After the expulsion of the French, the prudence and equity of the +protector's subsequent conduct contributed to cure entirely those +wounds which had been made by intestine discord. He received the +rebellious barons into favour; observed strictly the terms of peace +which he had granted them; restored them to their possessions; and +endeavoured, by an equal behaviour, to bury all past animosities in +perpetual oblivion. The clergy alone, who had adhered to Lewis, were +sufferers in this revolution. As they had rebelled against their +spiritual sovereign, by disregarding the interdict and +excommunication, it was not in Pembroke's power to make any +stipulations in their favour; and Gualo, the legate, prepared to take +vengeance on them for their disobedience [p]. Many of them were +deposed; many suspended; some banished; and all who escaped punishment +made atonement for their offence by paying large sums to the legate, +who amassed an immense treasure by this expedient. +[FN [p] Brady's App. No. 144 Chron. Dunst. vol. i. p. 83.] + +[MN Death of the protector.] +The Earl of Pembroke did not long survive the pacification, which had +been chiefly owing to his wisdom and valour [q]; and he was succeeded +in the government by Peter des Roches, Bishop of Winchester, and +Hubert de Burgh, the justiciary. The councils of the latter were +chiefly followed; and had he possessed equal authority in the kingdom +with Pembroke, he seemed to be every way worthy of filling the place +of that virtuous nobleman. [MN Some commotions.] But the licentious +and powerful barons, who had once broken the reins of subjection to +their prince, and had obtained, by violence, an enlargement of their +liberties and independence, could ill be restrained by laws under a +minority; and the people, no less than the king, suffered from their +outrages and disorders. They retained by force the royal castles, +which they had seized during the past convulsions, or which had been +committed to their custody by the protector [r]: they usurped the +king's demesnes [s]: they oppressed their vassals: they infested their +weaker neighbours: they invited all disorderly people to enter in +their retinue, and to live upon their lands: and they gave them +protection in all their robberies and extortions. +[FN [q] M. Paris, p. 210. [r] Trivet p. 174. [s] Rymer, vol. i. p. +276.] + +No one was more infamous for these violent and illegal practices than +the Earl of Albemarle; who, though he had early returned to his duty, +and had been serviceable in expelling the French, augmented to the +utmost the general disorder, and committed outrages in all the +counties of the north. In order to reduce him to obedience, Hubert +seized an opportunity of getting possession of Rockingham Castle, +which Albemarle had garrisoned with his licentious retinue: but this +nobleman, instead of submitting, entered into a secret confederacy +with Fawkes de Breauté, Peter de Mauleon, and other barons, and both +fortified the castle of Biham for his defence, and made himself +master, by surprise, of that of Fotheringay. Pandolf, who was +restored to his legateship, was active in suppressing this rebellion; +and, with the concurrence of eleven bishops, he pronounced the +sentence of excommunication against Albemarle and his adherents [t]: +an army was levied: a scutage of ten shillings a knight's fee was +imposed on all the military tenants: Albemarle's associates gradually +deserted him: and he himself was obliged at last to sue for mercy. He +received a pardon, and was restored to his whole estate. +[FN [t] Chron. Dunst. vol. i. p. 102.] + +This impolitic lenity, too frequent in those times, was probably the +result of a secret combination among the barons, who never could +endure to see the total ruin of one of their own order: but it +encouraged Fawkes de Breauté, a man whom King John had raised from a +low origin, to persevere in the course of violence to which he had +owed his fortune, and to set at nought all law and justice. When +thirty-five verdicts were at one time found against him, on account of +his violent expulsion of so many freeholders from their possessions, +he came to the court of justice with an armed force, seized the judge +who had pronounced the verdicts, and imprisoned him in Bedford castle. +He then levied open war against the king; but being subdued and taken +prisoner, his life was granted him; but his estate was confiscated, +and he was banished the kingdom [u]. +[FN [u] Rymer, vol. i. p. 198. M. Paris, p. 221, 224. Ann. Waverl. +p. 188. Chron. Dunst. vol. i. p. 141, 146. M. West. p. 283.] + +[MN 1222.] Justice was executed with greater severity against +disorders less premeditated, which broke out in London. A frivolous +emulation in a match of wrestling, between the Londoners on the one +hand, and the inhabitants of Westminster and those of the neighbouring +villages on the other, occasioned this commotion. The former rose in +a body, and pulled down some houses belonging to the Abbot of +Westminster: but this riot, which, considering the tumultuous +disposition familiar to that capital, would have been little regarded, +seemed to become more serious by the symptoms which then appeared of +the former attachment of the citizens to the French interest. The +populace, in the tumult, made use of the cry of war commonly employed +by the French troops: MOUNTJOY, MOUNTJOY, GOD HELP US AND OUR LORD +LEWIS! The justiciary made inquiry into the disorder; and finding one +Constantine Fitz-Arnulf to have been the ringleader, an insolent man, +who justified his crime in Hubert's presence, he proceeded against him +by martial law, and ordered him immediately to be hanged, without +trial or form of process. He also cut off the feet of some of +Constantine's accomplices [w]. +[FN [w] M. Paris, p. 217, 218, 259. Ann. Waverl. p. 187. Chron. +Dunst. vol. i. p. 129.] + +This act of power was complained of as an infringement of the great +charter: yet the justiciary, in a Parliament summoned at Oxford, (for +the great councils about this time began to receive that appellation,) +made no scruple to grant, in the king's name, a renewal and +confirmation of that charter. When the assembly made application to +the crown for this favour, as a law in those times seemed to lose its +validity if not frequently renewed, William de Briewere, one of the +council of regency, was so bold as to say openly, that those liberties +were extorted by force, and ought not to be observed: but he was +reprimanded by the Archbishop of Canterbury, and was not countenanced +by the king or his chief ministers [x]. A new confirmation was +demanded and granted two years after; and an aid, amounting to a +fifteenth of all moveables, was given by the Parliament, in return for +this indulgence. The king issued writs anew to the sheriffs, +enjoining the observance of the charter; but he inserted a remarkable +clause in the writs, that those who paid not the fifteenth should not +for the future be entitled to the benefit of those liberties [y]. +[FN [x] M. West. p. 282. [y] Clause 9. H. 3. m. 9. and m. 6. d.] + +The low state into which the crown was fallen made it requisite for a +good minister to be attentive to the preservation of the royal +prerogatives, as well as to the security of public liberty. Hubert +applied to the pope, who had always great authority in the kingdom, +and was now considered as its superior lord, and desired him to issue +a bull declaring the king to be of full age, and entitled to exercise +in person all the acts of royalty [z]. In consequence of this +declaration, the justiciary resigned into Henry's hands the two +important fortresses of the Tower and Dover Castle, which had been +intrusted to his custody; and he required the other barons to imitate +his example. They refused compliance: the Earls of Chester and +Albemarle, John Constable of Chester, John de Lacy, Brian de l'Isle, +and William de Cantel, with some others, even formed a conspiracy to +surprise London, and met in arms at Waltham with that intention: but +finding the king prepared for defence, they desisted from their +enterprise. When summoned to court in order to answer for their +conduct, they scrupled not to appear, and to confess the design: but +they told the king, that they had no bad intentions against his +person, but only against Hubert de Burgh, whom they were determined to +remove from his office [a]. They appeared too formidable to be +chastised; and they were so little discouraged by the failure of their +first enterprise, that they again met in arms at Leicester, in order +to seize the king, who then resided at Northampton: but Henry, +informed of their purpose, took care to be so well armed and attended +that the barons found it dangerous to make the attempt; and they sat +down and kept Christmas in his neighbourhood [b]. The archbishop and +the prelates, finding every thing tending towards a civil war, +interposed with their authority, and threatened the barons with the +sentence of excommunication, if they persisted in detaining the king's +castles. This menace at last prevailed: most of the fortresses were +surrendered; though the barons complained that Hubert's castles were +soon after restored to him, while the king still kept theirs in his +own custody. There are said to have been eleven hundred and fifteen +castles at that time in England [c]. +[FN [z] M. Paris, p. 220. [a] Chron. Dunst. vol. i. p. 137. [b] M. +Paris, p. 221. Chron. Dunst. vol. i. p. 138. [c] Coke's Comment. on +Magna Charta, chap. 17.] + +It must be acknowledged that the influence of the prelates and the +clergy was often of great service to the public. Though the religion +of that age can merit no better name than that of superstition, it +served to unite together a body of men who had great sway over the +people, and who kept the community from falling to pieces, by the +factions and independent power of the nobles; and what was of great +importance, it threw a mighty authority into the hands of men, who, by +their profession, were averse to arms and violence; who tempered by +their mediation the general disposition towards military enterprises; +and who still maintained, even amidst the shock of arms, those secret +links, without which it is impossible for human society to subsist. + +Notwithstanding these intestine commotions in England, and the +precarious authority of the crown, Henry was obliged to carry on war +in France; and he employed to that purpose the fifteenth which had +been granted him by Parliament. Lewis VIII., who had succeeded his +father Philip, instead of complying with Henry's claim, who demanded +the restitution of Normandy, and the other provinces wrested from +England, made an irruption into Poictou, took Rochelle [d], after a +long siege, and seemed determined to expel the English from the few +provinces which still remained to them. Henry sent over his uncle, +the Earl of Salisbury, together with his brother, Prince Richard, to +whom he had granted the earldom of Cornwall, which had escheated to +the crown. Salisbury stopped the progress of Lewis's arms, and +retained the Poictevin and Gascon vassals in their allegiance: but no +military action of any moment was performed on either side. The Earl +of Cornwall, after two years' stay in Guienne, returned to England. +[FN [d] Rymer, vol. i. p. 269. Trivet, p. 179.] + +[MN 1227.] This prince was nowise turbulent or factious in his +disposition: his ruling passion was to amass money, in which he +succeeded so well as to become the richest subject in Christendom: yet +his attention to gain threw him sometimes into acts of violence; and +gave disturbance to the government. There was a manor which had +formerly belonged to the earldom of Cornwall, but had been granted to +Waleran de Ties, before Richard had been invested with that dignity, +and while the earldom remained in the crown. Richard claimed this +manor, and expelled the proprietor by force: Waleran complained: the +king ordered his brother to do justice to the man, and restore him to +his rights: the earl said, that he would not submit to these orders, +till the cause should be decided against him by the judgment of his +peers: Henry replied, that it was first necessary to reinstate Waleran +in possession, before the cause could be tried; and he reiterated his +orders to the earl [e]. We may judge of the state of the government, +when this affair had nearly produced a civil war. The Earl of +Cornwall, finding Henry peremptory in his commands, associated himself +with the young Earl of Pembroke, who had married his sister, and who +was displeased on account of the king's requiring him to deliver up +some royal castles which were in his custody. These two malecontents +took into the confederacy the Earls of Chester, Warrenne, Gloucester, +Hereford, Warwick, and Ferrers, who were all disgusted on a like +account [f]. They assembled an army; which the king had not the power +or courage to resist; and he was obliged to give his brother +satisfaction, by grants of much greater importance than the manor +which had been the first ground of the quarrel [g]. +[FN [e] M. Paris, p. 233. [f] M. Paris, p. 233. [g] Ibid.] + +The character of the king, as he grew to man's estate, became every +day better known; and he was found in every respect unqualified for +maintaining a proper sway among those turbulent barons, whom the +feudal constitution subjected to his authority. Gentle, humane, and +merciful even to a fault, he seems to have been steady in no other +circumstance of his character; but to have received every impression +from those who surrounded him, and whom he loved, for the time, with +the most imprudent and most unreserved affection. Without activity or +vigour, he was unfit to conduct war: without policy or art, he was ill +fitted to maintain peace: his resentments, though hasty and violent, +were not dreaded, while he was found to drop them with such facility; +his friendships were little valued, because they were neither derived +from choice, nor maintained with constancy. A proper pageant of state +in a regular monarchy, where his ministers could have conducted all +affairs in his name and by his authority; but too feeble in those +disorderly times to sway a sceptre, whose weight depended entirely on +the firmness and dexterity of the hand which held it. + +[MN Hugh de Burgh displaced.] +The ablest and most virtuous minister that Henry ever possessed was +Hubert de Burgh [h]; a man who had been steady to the crown in the +most difficult and dangerous times, and who yet showed no disposition, +in the height of his power, to enslave or oppress the people. The +only exceptionable part of his conduct is that which is mentioned by +Matthew Paris [i], if the fact be really true; and proceeded from +Hubert's advice, namely, the recalling publicly and the annulling of +the charter of forests, a concession so reasonable in itself, and so +passionately claimed both by the nobility and people: but it must be +confessed that this measure is so unlikely, both from the +circumstances of the times and character of the minister, that there +is reason to doubt of its reality, especially as it is mentioned by no +other historian. Hubert, while he enjoyed his authority, had an +entire ascendant over Henry, and was loaded with honours and favours +beyond any other subject. Besides acquiring the property of many +castles and manors, he married the eldest sister of the King of Scots, +was created Earl of Kent, and, by an unusual concession, was made +chief justiciary of England for life: [MN 1231.] yet Henry, in a +sudden caprice, threw off this faithful minister, and exposed him to +the violent persecutions of his enemies. Among other frivolous crimes +objected to him, he was accused of gaining the king's affections by +enchantment, and of purloining from the royal treasury a gem, which +had the virtue to render the wearer invulnerable, and of sending this +valuable curiosity to the Prince of Wales [k]. The nobility, who +hated Hubert on account of his zeal in resuming the rights and +possessions of the crown, no sooner saw the opportunity favourable, +than they inflamed the king's animosity against him, and pushed him to +seek the total ruin of his minister. Hubert took sanctuary in a +church: the king ordered him to be dragged from thence: he recalled +those orders: he afterwards renewed them: he was obliged by the clergy +to restore him to the sanctuary: he constrained him soon after to +surrender himself prisoner, and he confined him in the castle of +Devizes. Hubert made his escape, was expelled the kingdom, was again +received into favour, recovered a great share of the king's +confidence, but never showed any inclination to reinstate himself in +power and authority [l]. +[FN [h] Ypod. Neustriae, p. 464. [i] P. 232. M. West. p. 216, +ascribes this counsel to Peter, Bishop of Winchester. [k] M. Paris, +p. 259. [l] Ibid. p. 259, 260, 261, 266. Chron. T. Wykes, p. 41, 42. +Chron. Dunst. vol. i. p. 220, 221. M. West. p. 291, 301.] + +[MN Bishop of Winchester minister.] +The man who succeeded him in the government of the king and kingdom +was Peter, Bishop of Winchester, a Poictevin by birth, who had been +raised by the late king, and who was no less distinguished by his +arbitrary principles and violent conduct, than by his courage and +abilities. This prelate had been left by King John justiciary and +regent of the kingdom during an expedition which that prince made into +France; and his illegal administration was one chief cause of that +great combination among the barons which finally extorted from the +crown the charter of liberties, and laid the foundations of the +English constitution. Henry, though incapable, from his character, of +pursuing the same violent maxims which had governed his father, had +imbibed the same arbitrary principles; and, in prosecution of Peter's +advice, he invited over a great number of Poictevins, and other +foreigners, who, he believed, could more safely be trusted than the +English, and who seemed useful to counterbalance the great and +independent power of the nobility [m]. Every office and command was +bestowed on these strangers: they exhausted the revenues of the crown, +already too much impoverished [n]; they invaded the rights of the +people; and their insolence, still more provoking than their power, +drew on them the hatred and envy of all orders of men in the kingdom +[o]. +[FN [m] M. Paris, p. 263. [n] Chron. Dunst. vol. i. p. 151. [o] M. +Paris, p. 268.] + +[MN 1233.] The barons formed a combination against this odious +ministry, and withdrew from Parliament, on pretence of the danger to +which they were exposed from the machinations of the Poictevins. When +again summoned to attend, they gave for answer, that the king should +dismiss his foreigners, otherwise they would drive both him and them +out of the kingdom, and put the crown on another head more worthy to +wear it [p]: such was the style they used to their sovereign! They at +last came to Parliament, but so well attended, that they seemed in a +condition to prescribe laws to the king and ministry. Peter des +Roches, however, had in the interval found means of sowing dissension +among them, and of bringing over to his party the Earl of Cornwall, as +well as the Earls of Lincoln and Chester. The confederates were +disconcerted in their measures: Richard, Earl Mareschal, who had +succeeded to that dignity on the death of his brother William, was +chased into Wales; he thence withdrew into Ireland, where he was +treacherously murdered by the contrivance of the Bishop of Winchester +[q]. The estates of the more obnoxious barons were confiscated, +without legal sentence or trial by their peers [r], and were bestowed +with a profuse liberality on the Poictevins. Peter even carried his +insolence so far as to declare publicly, that the barons of England +must not pretend to put themselves on the same footing with those of +France; or assume the same liberties and privileges: the monarch in +the former country had a more absolute power than in the latter. It +had been more justifiable for him to have said, that men, so unwilling +to submit to the authority of laws, could with the worst grace claim +any shelter or protection from them. +[FN [p] Ibid. p. 265. [q] Chron. Dunst. vol. i. p. 219. [r] M. +Paris, p. 265.] + +When the king at any time was checked in his illegal practices, and +when the authority of the great charter was objected to him, he was +wont to reply, "Why should I observe this charter, which is neglected +by all my grandees, both prelates and nobility?" It was very +reasonably said to him, "You ought, sir, to set them the example [s]." +[FN [s] Ibid. p. 609.] + +So violent a ministry as that of the Bishop of Winchester could not be +of long duration; but its fall proceeded at last from the influence of +the church, not from the efforts of the nobles. Edmond, the primate, +came to court, attended by many of the other prelates, and represented +to the king the pernicious measures embraced by Peter des Roches, the +discontents of his people, the ruin of his affairs; and, after +requiring the dismission of the minister and his associates, +threatened him with excommunication in case of his refusal. Henry, +who knew that an excommunication so agreeable to the sense of the +people could not fail of producing the most dangerous effects, was +obliged to submit: foreigners were banished: the natives were restored +to their place in council [t]: the primate, who was a man of prudence, +and who took care to execute the laws, and observe the charter of +liberties, bore the chief sway in the government. +[FN [t] Ibid. p. 271, 272.] + +[MN 1236. Jan.] But the English in vain flattered themselves that +they should be long free from the dominion of foreigners. [MN King's +partiality to foreigners.] The king having married Eleanor, daughter +of the Count of Provence [u], was surrounded by a great number of +strangers from that country, whom he caressed with the fondest +affection, and enriched by an imprudent generosity [w]. The Bishop of +Valence, a prelate of the house of Savoy, and maternal uncle to the +queen, was his chief minister, and employed every art to amass wealth +for himself and his relations. Peter of Savoy, a brother of the same +family, was invested in the honour of Richmond, and received the rich +wardship of Earl Warrenne: Boniface of Savoy was promoted to the see +of Canterbury. Many young ladies were invited over from Provence, and +married to the chief noblemen in England, who were the king's wards +[x]. And as the source of Henry's bounty began to fail, his Savoyard +ministry applied to Rome, and obtained a bull, permitting him to +resume all past grants; absolving him from the oath which he had taken +to maintain them; even enjoining him to make such a resumption, and +representing those grants as invalid, on account of the prejudice +which ensued from them to the Roman pontiff, in whom the superiority +of the kingdom was vested [y]. The opposition made to the intended +resumption prevented it from taking place; but the nation saw the +indignities to which the king was willing to submit, in order to +gratify the avidity of his foreign favourites. About the same time he +published in England the sentence of excommunication pronounced +against the Emperor Frederic, his brother-in-law [z]; and said, in +excuse, that, being the pope's vassal, he was obliged by his +allegiance to obey all the commands of his holiness. In this weak +reign, when any neighbouring potentate insulted the king's dominions, +instead of taking revenge for the injury, he complained to the pope as +his superior lord, and begged him to give protection to his vassal +[a]. +[FN [u] Rymer, vol. i. p. 448. M. Paris, p. 286. [w] M. Paris, p. +236, 301, 305, 316, 541. M. West. p. 302, 304. [x] M. Paris, p. 484. +M. West. p. 338. [y] M. Paris, p. 295, 301. [z] Rymer, vol. i. p. +383. [a] Chron. Dunst. vol. i. p. 150.] + +[MN 1236. Grievances.] +The resentment of the English barons rose high at the preference given +to foreigners; but no remonstrance or complaint could ever prevail on +the king to abandon them, or even to moderate his attachment towards +them. After the Provencals and Savoyards might have been supposed +pretty well satiated with the dignities and riches which they had +acquired, a new set of hungry foreigners were invited over, and shared +among them those favours, which the king ought in policy to have +conferred on the English nobility, by whom his government could have +been supported and defended. His mother, Isabella, who had been +unjustly taken by the late king from the Count de la Marche, to whom +she was betrothed, was no sooner mistress of herself, by the death of +her husband, than she married that nobleman [b]; [MN 1247.] and she +had borne him four sons, Guy, William, Geoffrey, and Aymer, whom she +sent over to England, in order to pay a visit to their brother. The +good-natured and affectionate disposition of Henry was moved at the +sight of such near relations; and he considered neither his own +circumstances, nor the inclinations of his people, in the honours and +riches which he conferred upon them [c]. Complaints rose as high +against the credit of the Gascon, as ever they had done against that +of the Poictevin and of the Savoyard favourites; and to a nation +prejudiced against them, all their measures appeared exceptionable and +criminal. Violations of the great charter were frequently mentioned; +and it is indeed more than probable that foreigners, ignorant of the +laws, and relying on the boundless affections of a weak prince, would, +in an age when a regular administration was not any where known, pay +more attention to their present interest than to the liberties of the +people. It is reported that the Poictevins and other strangers, when +the laws were at any time appealed to, in opposition to their +oppressions, scrupled not to reply, WHAT DID THE ENGLISH LAWS SIGNIFY +TO THEM? THEY MINDED THEM NOT. And as words are often more offensive +than actions, this open contempt of the English tended much to +aggravate the general discontent, and made every act of violence +committed by the foreigners appear not only an injury but an affront +to them [d]. +[FN [b] Trivet, p. 174. [c] M. Paris, p. 491. M. West. p. 338. +Knyghton, p. 2436. [d] M. Paris, p. 566, 666. Ann. Waverl. p. 214. +Chron. Dunst. vol. i. p. 335.] + +I reckon not among the violations of the great charter some arbitrary +exertions of prerogative, to which Henry's necessities pushed him, and +which, without producing any discontent, were uniformly continued by +all his successors till the last century. As the Parliament often +refused him supplies, and that in a manner somewhat rude and indecent +[e], he obliged his opulent subjects, particularly the citizens of +London, to grant him loans of money; and it is natural to imagine, +that the same want of economy which reduced him to the necessity of +borrowing, would prevent him from being very punctual in the repayment +[f]. He demanded benevolences, or pretended voluntary contributions, +from his nobility and prelates [g]. He was the first king of England +since the Conquest that could fairly be said to lie under the +restraint of law; and he was also the first that practised the +dispensing power, and employed the clause of NON OBSTANTE in his +grants and patents. When objections were made to this novelty, he +replied, that the pope exercised that authority; and why might not he +imitate the example? But the abuse which the pope made of his +dispensing power, in violating the canons of general councils, in +invading the privileges and customs of all particular churches, and in +usurping on the rights of patrons, was more likely to excite the +jealousy of the people, than to reconcile them to a similar practice +in their civil government. Roger de Thurkesby, one of the king's +justices, was so displeased with the precedent, that he exclaimed, +ALAS! WHAT TIMES ARE WE FALLEN INTO! BEHOLD, THE CIVIL COURT IS +CORRUPTED IN IMITATION OF THE ECCLESIASTICAL, AND THE RIVER IS +POISONED FROM THE FOUNTAIN. +[FN [e] M. Paris, p. 301. [f] Ibid. p. 406. [g] Ibid. p. 507.] + +The king's partiality and profuse bounty to his foreign relations, and +to their friends and favourites, would have appeared more tolerable to +the English, had any thing been done meanwhile for the honour of the +nation; or had Henry's enterprises in foreign countries been attended +with any success or glory to himself or to the public: at least, such +military talents in the king would have served to keep his barons in +awe, and have given weight and authority to his government. But +though he declared war against Lewis IX. in 1242, and made an +expedition into Guienne, upon the invitation of his father-in-law, the +Count de la Marche, who promised to join him with all his forces, he +was unsuccessful in his attempts against that great monarch, was +worsted at Taillebourg, was deserted by his allies, lost what remained +to him of Poictou, and was obliged to return, with loss of honour, +into England [h]. The Gascon nobility were attached to the English +government, because the distance of their sovereign allowed them to +remain in a state of almost total independence; [MN 1253.] and they +claimed, some time after, Henry's protection against an invasion, +which the King of Castile made upon that territory. Henry returned +into Guienne, and was more successful in this expedition; but he +thereby involved himself and his nobility in an enormous debt, which +both increased their discontents, and exposed him to greater danger +from their enterprises [i]. +[FN [h] M. Paris, p. 393, 394, 398, 399, 405. W. Heming. p. 574. +Chron. Dunst. vol. i. p. 153. [i] M. Paris, p. 614.] + +Want of economy, and an ill-judged liberality, were Henry's great +defects; and his debts, even before this expedition, had become so +troublesome, that he sold all his plate and jewels, in order to +discharge them. When this expedient was first proposed to him, he +asked where he should find purchasers? It was replied, the citizens +of London. ON MY WORD, said he, IF THE TREASURY OF AUGUSTUS WERE +BROUGHT FOR SALE, THE CITIZENS ARE ABLE TO BE THE PURCHASERS: THESE +CLOWNS, WHO ASSUME TO THEMSELVES THE NAME OF BARONS, ABOUND IN EVERY +THING, WHILE WE ARE REDUCED TO NECESSITIES [k]. And he was +thenceforth observed to be more forward and greedy in his exactions +upon the citizens [l]. +[FN [k] Ibid. p. 501. [l] Ibid. p. 501, 507, 518, 578, 606, 625, +648.] + +[MN Ecclesiastical grievances.] +But the grievances, which the English during this reign had reason to +complain of in the civil government, seem to have been still less +burdensome than those which they suffered from the usurpations and +exactions of the court of Rome. [MN 1253.] On the death of Langton +in 1228, the monks of Christ-church elected Walter de Hemesham, one of +their own body, for his successor: but as Henry refused to confirm the +election, the pope, at his desire, annulled it [m]; and immediately +appointed Richard, Chancellor of Lincoln, for archbishop, without +waiting for a new election. On the death of Richard in 1231, the +monks elected Ralph de Neville, Bishop of Chichester; and though Henry +was much pleased with the election, the pope, who thought that prelate +too much attached to the crown, assumed the power of annulling his +election [n]. He rejected two clergymen more, whom the monks had +successively chosen; and he at last told them, that, if they would +elect Edmond, treasurer of the church of Salisbury, he would confirm +their choice; and his nomination was complied with. The pope had the +prudence to appoint both times very worthy primates; but men could not +forbear observing his intention of thus drawing gradually to himself +the right of bestowing that important dignity. +[FN [m] M. Paris, p. 224. [n] Ibid. p. 254.] + +The avarice, however, more than the ambition, of the see of Rome, +seems to have been in this age the ground of general complaint. The +papal ministers, finding a vast stock of power amassed by their +predecessors, were desirous of turning it to immediate profit which +they enjoyed at home, rather than of enlarging their authority in +distant countries, where they never intended to reside. Every thing +was become venal in the Romish tribunals; simony was openly practised; +no favours, and even no justice, could be obtained without a bribe; +the highest bidder was sure to have the preference, without regard +either to the merits of the person or of the cause; and besides the +usual perversions of right in the decision of controversies, the pope +openly assumed an absolute and uncontrolled authority of setting +aside, by the plenitude of his apostolic power, all particular rules, +and all privileges of patrons, churches, and convents. On pretence of +remedying these abuses, Pope Honorius, in 1226, complaining of the +poverty of his see as the source of all grievances, demanded from +every cathedral two of the best prebends, and from every convent two +monks' portions, to be set apart as a perpetual and settled revenue of +the papal crown: but all men being sensible that the revenue would +continue for ever, the abuses immediately return, his demand was +unanimously rejected. About three years after, the pope demanded and +obtained the tenth of all ecclesiastical revenues, which he levied in +a very oppressive manner; requiring payment before the clergy had +drawn their rents or tithes, and sending about usurers, who advanced +them the money at exorbitant interest. In the year 1240, Otho, the +legate, having in vain attempted the clergy in a body, obtained +separately, by intrigues and menaces, large sums from the prelates and +convents, and on his departure is said to have carried more money out +of the kingdom than he left in it. This experiment was renewed four +years after with success by Martin the nuncio, who brought from Rome +powers of suspending and excommunicating all clergymen that refused to +comply with his demands. The king, who relied on the pope for the +support of his tottering authority, never failed to countenance those +exactions. + +Meanwhile, all the chief benefices of the kingdom were conferred on +Italians; great numbers of that nation were sent over at one time to +be provided for; non-residence and pluralities were carried to an +enormous height; Mansel, the king's chaplain, is computed to have held +at once seven hundred ecclesiastical livings; and the abuses became so +evident as to be palpable to the blindness of superstition itself. +The people, entering into associations, rose against the Italian +clergy; pillaged their barns; wasted their lands; insulted the persons +of such of them as they found in the kingdom [o]; and when the +justices made inquiry into the authors of this disorder, the guilt was +found to involve so many, and those of such high rank, that it passed +unpunished. At last, when Innocent IV., in 1245, called a general +council at Lyons, in order to excommunicate the Emperor Frederic, the +king and nobility sent over agents to complain before the council of +the rapacity of the Romish church. They represented, among many other +grievances, that the benefices of the Italian clergy in England had +been estimated, and were found to amount to sixty thousand marks [p] a +year, a sum which exceeded the annual revenue of the crown [q]. They +obtained only an evasive answer from the pope; but as mention had been +made before the council of the feudal subjection of England to the see +of Rome, the English agents, at whose head was Roger Bigod, Earl of +Norfolk, exclaimed against the pretension, and insisted that King John +had no right, without the consent of his barons, to subject the +kingdom to so ignominious a servitude [r]. The popes, indeed, afraid +of carrying matters too far against England, seem thenceforth to have +little insisted on that pretension. +[FN [o] Rymer, vol. i. p. 323. M. Paris, p. 255, 257. [p] Innocent's +bull in Rymer, vol. i. p. 471, says only fifty thousand marks a year. +[q] M. Paris, p. 451. The customs were part of Henry's revenue, and +amounted to six thousand pounds a year: they were at first small sums +paid by the merchants for the use of the king's warehouses, measures, +weights, &c. See Gilbert's History of the Exch. p. 214. [r] M. +Paris, p. 460.] + +This check, received at the council of Lyons, was not able to stop the +court of Rome in its rapacity; Innocent exacted the revenues of all +vacant benefices, the twentieth of all ecclesiastical revenues without +exception; the third of such as exceeded a hundred marks a year, and +the half of such as were possessed by non-residents [s]. He claimed +the goods of all intestate clergymen [t]; he pretended a title to +inherit all money gotten by usury; he levied benevolences upon the +people; and when the king, contrary to his usual practice, prohibited +these exactions, he threatened to pronounce against him the same +censures which he had emitted against the Emperor Frederic [u]. +[FN [s] Ibid. p. 480. Ann. Burt. p. 305, 373. [t] M. Paris, p. 474. +[u] Ibid. p. 476.] + +[MN 1255.] But the most oppressive expedient employed by the pope was +the embarking of Henry in a project for the conquest of Naples or +Sicily on this side the Fare, as it was called; an enterprise, which +threw much dishonour on the king, and involved him, during some years, +in great trouble and expense. The Romish church, taking advantage of +favourable incidents, had reduced the kingdom of Sicily to the same +state of feudal vassalage which she pretended to extend over England, +and which, by reason of the distance, as well as high spirit of this +latter kingdom, she was not able to maintain. After the death of the +Emperor Frederic II., the succession of Sicily devolved to Conradine, +grandson of that monarch; and Mainfroy, his natural son, under +pretence of governing the kingdom during the minority of the prince, +had formed a scheme of establishing his own authority. Pope Innocent, +who had carried on violent war against the Emperor Frederic, and had +endeavoured to dispossess him of his Italian dominions, still +continued hostilities against his grandson; but being disappointed in +all his schemes by the activity and artifices of Mainfroy, he found +that his own force alone was not sufficient to bring to a happy issue +so great an enterprise. He pretended to dispose of the Sicilian +crown, both as superior lord of that particular kingdom, and as vicar +of Christ, to whom all kingdoms of the earth were subjected; and he +made a tender of it to Richard, Earl of Cornwall, whose immense +riches, he flattered himself, would be able to support the military +operations against Mainfroy. As Richard had the prudence to refuse +the present [w], he applied to the king, whose levity and thoughtless +disposition gave Innocent more hopes of success; and he offered him +the crown of Sicily for his second son, Edmond [x]. Henry, allured by +so magnificent a present, without reflecting on the consequences, +without consulting either with his brother or the Parliament, accepted +of the insidious proposal; and gave the pope unlimited credit to +expend whatever sums he thought necessary for completing the conquest +of Sicily. Innocent, who was engaged by his own interests to wage war +with Mainfroy, was glad to carry on his enterprises at the expense of +his ally: Alexander IV., who succeeded him in the papal throne, +continued the same policy; and Henry was surprised to find himself on +a sudden involved in an immense debt, which he had never been +consulted in contracting. The sum already amounted to one hundred and +thirty-five thousand five hundred and forty-one marks, besides +interest [y]; and he had the prospect, if he answered this demand, of +being soon loaded with more exorbitant expenses; if he refused it, of +both incurring the pope's displeasure, and losing the crown of Sicily, +which he hoped soon to have the glory of fixing on the head of his +son. +[FN [w] M. Paris, p. 650. [x] Rymer, vol. i. p. 502, 512, 530. M. +Paris, p. 599, 613. [y] Rymer, vol. i. p. 587. Chron. Dunst. vol. i. +p. 319.] + +He applied to the Parliament for supplies; and that he might be sure +not to meet with opposition, he sent no writs to the more refractory +barons; but even those who were summoned, sensible of the ridiculous +cheat imposed by the pope, determined not to lavish their money on +such chimerical projects; and making a pretext of the absence of their +brethren, they refused to take the king's demands into consideration +[z]. In this extremity the clergy were his only resource; and as both +their temporal and spiritual sovereign concurred in loading them, they +were ill able to defend themselves against this united authority. +[FN [z] M. Paris, p. 614.] + +The pope published a crusade for the conquest of Sicily; and required +every one, who had taken the cross against the infidels, or had vowed +to advance money for that service, to support the war against +Mainfroy, a more terrible enemy, as he pretended, to the Christian +faith than any Saracen [a]. He levied a tenth on all ecclesiastical +benefices in England for three years; and gave orders to excommunicate +all bishops who made not punctual payment. He granted to the king the +goods of intestate clergymen; the revenues of vacant benefices; the +revenues of all non-residents [b]. But these taxations, being levied +by some rule, were deemed less grievous than another imposition, which +arose from the suggestion of the Bishop of Hereford, and which might +have opened the door to endless and intolerable abuses. +[FN [a] Rymer, vol. i. p. 547, 548, &c. [b] Ibid. vol. i. p. 597, +598.] + +This prelate, who resided at the court of Rome, by a deputation from +the English church, drew bills of different values, but amounting on +the whole to one hundred and fifty thousand five hundred and forty +marks, on all the bishops and abbots of the kingdom; and granted these +bills to Italian merchants, who, it was pretended, had advanced money +for the service of the war against Mainfroy [c]. As there was no +likelihood of the English prelates submitting, without compulsion, to +such an extraordinary demand, Rustand, the legate, was charged with +the commission of employing authority to that purpose; and he summoned +an assembly of the bishops and abbots, whom he acquainted with the +pleasure of the pope and of the king. Great were the surprise and +indignation of the assembly. The Bishop of Worcester exclaimed, that +he would lose his life rather than comply: the Bishop of London said, +that the pope and king were more powerful than he; but if his mitre +were taken off his head, he would clap on a helmet in its place [d]. +The legate was no less violent on the other hand; and he told the +assembly, in plain terms, that all ecclesiastical benefices were the +property of the pope, and he might dispose of them, either in whole or +in part, as he saw proper [e]. In the end, the bishops and abbots, +being threatened with excommunication, which made all the revenues +fall into the king's hands, were obliged to submit to the exaction; +and the only mitigation which the legate allowed them was, that the +tenths, already granted, should be accepted as a partial payment of +the bills. But the money was still insufficient for the pope's +purpose: the conquest of Sicily was as remote as ever: the demands +which came from Rome were endless: Pope Alexander became so urgent a +creditor, that he sent over a legate to England, threatening the +kingdom with an interdict, and the king with excommunication, if the +arrears, which he pretended to be due to him, were not instantly +remitted [f]. And at last Henry, sensible of the cheat, began to +think of breaking off the agreement, and of resigning into the pope's +hands that crown, which it was not intended by Alexander, that he or +his family should ever enjoy [g]. +[FN [c] M. Paris, p. 612, 628. Chron. T. Wykes, p. 54. [d] M. Paris, +p. 614. [e] Ibid. p. 619. [f] Rymer, vol. i. p. 624. M. Paris, p. +648. [g] Rymer, vol. i. p. 630.] + +[MN Earl of Cornwall elected King of the Romans.] +The Earl of Cornwall had now reason to value himself on his foresight, +in refusing the fraudulent bargain with Rome, and in preferring the +solid honours of an opulent and powerful prince of the blood of +England, to the empty and precarious glory of a foreign dignity. But +he had not always firmness sufficient to adhere to this resolution: +his vanity and ambition prevailed at last over his prudence and his +avarice; and he was engaged in an enterprise no less extensive and +vexatious than that of his brother, and not attended with much greater +probability of success. The immense opulence of Richard having made +the German princes cast their eye on him as a candidate for the +empire, he was tempted to expend vast sums of money on his election; +and he succeeded so far as to be chosen King of the Romans, which +seemed to render his succession infallible to the imperial throne. He +went over to Germany, and carried out of the kingdom no less a sum +than seven hundred thousand marks, if we may credit the account given +by some ancient authors [h], which is probably much exaggerated [i]. +His money, while it lasted, procured him friends and partisans; but it +was soon drained from him by the avidity of the German princes; and +having no personal or family connexions in that country, and no solid +foundation of power, he found at last that he had lavished away the +frugality of a whole life in order to procure a splendid title; and +that his absence from England, joined to the weakness of his brother's +government, gave reins to the factious and turbulent dispositions of +the English barons, and involved his own country and family in great +calamities. +[FN [h] M. Paris, p. 638. The same author, a few pages before, makes +Richard's treasures amount to little more than half the sum, p. 634. +The king's dissipations and expenses, throughout his whole reign, +according to the same author, had amounted only to about nine hundred +and forty thousand marks, p. 638. [i] The sums mentioned by ancient +authors, who were almost all monks, are often improbable, and never +consistent. But we know, from an infallible authority, the public +remonstrance to the council of Lyons, that the king's revenues were +below sixty thousand marks a year: his brother, therefore, could never +have been master of seven hundred thousand marks; especially as he did +not sell his estates in England, as we learn from the same author: and +we hear afterwards of his ordering all his woods to be cut, in order +to satisfy the rapacity of the German princes. His son succeeded to +the earldom of Cornwall, and his other revenues.] + +[MN Discontents of the barons.] +The successful revolt of the nobility from King John, and their +imposing on him and his successors limitations of their royal power, +had made them feel their own weight and importance, had set a +dangerous precedent of resistance, and being followed by a long +minority, had impoverished as well as weakened that crown, which they +were at last induced, from the fear of worse consequences, to replace +on the head of young Henry. In the king's situation, either great +abilities and vigour were requisite to overawe the barons, or great +caution and reserve to give them no pretence for complaints; and it +must be confessed that this prince was possessed of neither of these +talents. He had not prudence to choose right measures; he wanted even +that constancy, which sometimes gives weight to wrong ones; he was +entirely devoted to his favourites, who were always foreigners; he +lavished on them, without discretion, his diminished revenue; and +finding that his barons indulged their disposition towards tyranny, +and observed not to their own vassals the same rules which they had +imposed on the crown, he was apt, in his administration, to neglect +all the salutary articles of the great charter, which he remarked to +be so little regarded by his nobility. This conduct had extremely +lessened his authority in the kingdom; had multiplied complaints +against him; and had frequently exposed him to affronts, and even to +dangerous attempts upon his prerogative. In the year 1244, when he +desired a supply from Parliament, the barons, complaining of the +frequent breaches of the great charter, and of the many fruitless +applications which they had formerly made for the redress of this and +other grievances, demanded, in return, that he should give them the +nomination of the great justiciary and of the chancellor, to whose +hands chiefly the administration of justice was committed; and if we +may credit the historian [k], they had formed the plan of other +limitations, as well as of associations to maintain them, which would +have reduced the king to be an absolute cipher; and have held the +crown in perpetual pupilage and dependence. The king, to satisfy +them, would agree to nothing but a renewal of the charter, and a +general permission to excommunicate all the violaters of it; and he +received no supply, except a scutage of twenty shillings on each +knight's fee, for the marriage of his eldest daughter to the King of +Scotland; a burden which was expressly annexed to their feudal +tenures. +[FN [k] M. Paris, p. 432.] + +Four years after, in a full Parliament, when Henry demanded a new +supply, he was openly reproached with a breach of his word, and the +frequent violations of the charter. He was asked, whether he did not +blush to desire any aid from his people, whom he professedly hated and +despised, to whom, on all occasions, he preferred aliens and +foreigners, and who groaned under the oppressions which he either +permitted or exercised over them. He was told that, besides +disparaging his nobility, by forcing them to contract unequal and mean +marriages with strangers, no rank of men was so low as to escape +vexatious from him or his ministers; that even the victuals consumed +in his household, the clothes which himself and his servants wore, +still more the wine which they used, were all taken by violence from +the lawful owners, and no compensation was ever made them for the +injury; that foreign merchants, to the great prejudice and infamy of +the kingdom, shunned the English harbours, as if they were possessed +by pirates, and the commerce with all nations was thus cut off by +these acts of violence; that loss was added to loss, and injury to +injury, while the merchants, who had been despoiled of their goods, +were also obliged to carry them at their own charge to whatever place +the king was pleased to appoint them; that even the poor fishermen on +the coast could not escape his oppressions and those of his courtiers; +and finding that they had not full liberty to dispose of their +commodities in the English market, were frequently constrained to +carry them to foreign ports, and to hazard all the perils of the +ocean, rather than those which awaited them from his oppressive +emissaries; and that his very religion was a ground of complaint to +his subjects, while they observed, that the waxen tapers and splendid +silks, employed in so many useless processions, were the spoils which +he had forcibly ravished from the true owners [l]. Throughout this +remonstrance, in which the complaints, derived from an abuse of the +ancient right of purveyance, may be supposed to be somewhat +exaggerated, there appears a strange mixture of regal tyranny in the +practices which gave rise to it, and of aristocratical liberty, or +rather licentiousness, in the expressions employed by the Parliament. +But a mixture of this kind is observable in all the ancient feudal +governments; and both of them proved equally hurtful to the people. +[FN [l] M. Paris, p. 498. See farther, p. 578. M. West. p. 348.] + +As the king, in answer to their remonstrance, gave the Parliament only +good words and fair promises, attended with the most humble +submissions, which they had often found deceitful, he obtained at that +time no supply; and therefore, in the year 1253, when he found himself +again under the necessity of applying to Parliament, he had provided a +new pretence, which he deemed infallible, and taking the vow of a +crusade, he demanded their assistance in that pious enterprise [m]. +The Parliament, however, for some time hesitated to comply; and the +ecclesiastical order sent a deputation, consisting of four prelates, +the primate, and the Bishops of Winchester, Salisbury, and Carlisle, +in order to remonstrate with him on his frequent violations of their +privileges, the oppressions with which he had loaded them and all his +subjects [n], and the uncanonical and forced elections which were made +to vacant dignities. "It is true," replied the king, "I have been +somewhat faulty in this particular: I obtruded you, my Lord of +Canterbury, upon your see: I was obliged to employ both entreaties and +menaces, my Lord of Winchester, to have you elected: my proceedings, I +confess, were very irregular, my Lords of Salisbury and Carlisle, when +I raised you from the lowest stations to your present dignities: I am +determined henceforth to correct these abuses; and it will also become +you, in order to make a thorough reformation, to resign your present +benefices, and try to enter again in a more regular and canonical +manner [o]." The bishops, surprised at these unexpected sarcasms, +replied, that the question was not at present how to correct past +errors, but to avoid them for the future. The king promised redress +both of ecclesiastical and civil grievances; and the Parliament in +return agreed to grant him a supply, a tenth of the ecclesiastical +benefices, and a scutage of three marks on each knight's fee: but as +they had experienced his frequent breach of promise, they required +that he should ratify the great charter in a manner still more +authentic and more solemn than any which he had hitherto employed. +All the prelates and abbots were assembled: they held burning tapers +in their hands: the great charter was read before them: they denounced +the sentence of excommunication against every one who should +thenceforth violate that fundamental law: they threw their tapers on +the ground, and exclaimed, MAY THE SOUL OF EVERY ONE WHO INCURS THIS +SENTENCE SO STINK AND CORRUPT IN HELL! The king bore a part in this +ceremony, and subjoined, "So help me God, I will keep all these +articles inviolate, as I am a man, as I am a Christian, as I am a +knight, and as I am a king crowned and anointed [p]." Yet was the +tremendous ceremony no sooner finished, than his favourites, abusing +his weakness, made him return to the same arbitrary and irregular +administration; and the reasonable expectations of his people were +thus perpetually eluded and disappointed [q]. +[FN [m] M. Paris, p. 518, 558, 568. Chron. Dunst. vol. i. p. 293. +[n] M. Paris, p. 568. [o] Ibid. p. 579. [p] M. Paris, p. 580. Ann. +Burt. p. 323. Ann. Waverl. p. 210. W. Heming. p. 571. M. West. p. +353. [q] M. Paris, p. 597, 608.] + +[MN 1258. Simon de Montfort, Earl of Leicester.] +All these imprudent and illegal measures afforded a pretence to Simon +de Montfort, Earl of Leicester, to attempt an innovation in the +government, and to wrest the sceptre from the feeble and irresolute +hand which held it. This nobleman was a younger son of that Simon de +Montfort, who had conducted, with such valour and renown, the crusade +against the Albigenses, and who, though he tarnished his famous +exploits by cruelty and ambition, had left a name very precious to all +the bigots of that age, particularly to the ecclesiastics. A large +inheritance in England fell by succession to this family; but as the +elder brother enjoyed still more opulent possessions in France, and +could not perform fealty to two masters, he transferred his right to +Simon, his younger brother, who came over to England, did homage for +his lands, and was raised to the dignity of Earl of Leicester. In the +year 1238, he espoused Eleanor, dowager of William, Earl of Pembroke, +and sister to the king [r]; but the marriage of this princess with a +subject and a foreigner, though contracted with Henry's consent, was +loudly complained of by the Earl of Cornwall and all the barons of +England; and Leicester was supported against their violence by the +king's favour and authority alone [s]. But he had no sooner +established himself in his possessions and dignities, than he +acquired, by insinuation and address, a strong interest with the +nation, and gained equally the affections of all orders of men. He +lost, however, the friendship of Henry, from the usual levity and +fickleness of that prince; he was banished the court; he was recalled; +he was intrusted with the command of Guienne [t], where he did good +service and acquired honour; he was again disgraced by the king, and +his banishment from court seemed now final and irrevocable. Henry +called him traitor to his face: Leicester gave him the lie, and told +him, that if he were not his sovereign, he would soon make him repent +of that insult. Yet was this quarrel accommodated, either from the +good nature or timidity of the king; and Leicester was again admitted +into some degree of favour and authority. But as this nobleman was +become too great to preserve an entire complaisance to Henry's +humours, and to act in subserviency to his other minions, he found +more advantage in cultivating his interest with the public, and in +inflaming the general discontents which prevailed against the +administration. He filled every place with complaints against the +infringement of the great charter, the acts of violence committed on +the people, the combination between the pope and the king in their +tyranny and extortions, Henry's neglect of his native subjects and +barons; and though he himself a foreigner, he was more loud than any +in representing the indignity of submitting to the dominion of +foreigners. By his hypocritical pretensions to devotion, he gained +the favour of the zealots and clergy: by his seeming concern for +public good, he acquired the affections of the public: and besides the +private friendships which he had cultivated with the barons, his +animosity against the favourites created an union of interests between +him and that powerful order. +[FN [r] Ibid. p. 314. [s] M. Paris, p. 315. [t] Rymer, vol. i. p. +459, 513.] + +A recent quarrel, which broke out between Leicester and William de +Valence, Henry's half-brother, and chief favourite, brought matters to +extremity [u], and determined the former to give full scope to his +bold and unbounded ambition, which the laws and the king's authority +had hitherto with difficulty restrained. He secretly called a meeting +of the most considerable barons, particularly Humphrey de Bohun, high +constable, Roger Bigod, earl mareschal, and the Earls of Warwick and +Gloucester; men who by their family and possessions stood in the first +rank of the English nobility. He represented to this company the +necessity of reforming the state, and of putting the execution of the +laws into other hands than those which had hitherto appeared, from +repeated experience, so unfit for the charge with which they were +intrusted. He exaggerated the oppressions exercised against the lower +orders of the state, the violations of the barons' privileges, the +continued depredations made on the clergy; and in order to aggravate +the enormity of his conduct, he appealed to the great charter, which +Henry had so often ratified, and which was calculated to prevent for +ever the return of those intolerable grievances. He magnified the +generosity of their ancestors, who, at a great expense of blood, had +extorted that famous concession from the crown; but lamented their own +degeneracy, who allowed so important an advantage, once obtained, to +be wrested from them by a weak prince and by insolent strangers. And +he insisted, that the king's word, after so many submissions and +fruitless promises on his part, could no longer be relied on; and that +nothing but his absolute inability to violate national privileges +could henceforth ensure the regular observance of them. +[FN [u] M. Paris, p. 649.] + +These topics, which were founded in truth, and suited so well to the +sentiments of the company, had the desired effect; and the barons +embraced a resolution of redressing the public grievances, by taking +into their own hands the administration of government. Henry having +summoned a Parliament, in expectation of receiving supplies for his +Sicilian project, the barons appeared in the hall, clad in complete +armour, and with their swords by their side: the king on his entry, +struck with the unusual appearance, asked them what was their purpose, +and whether they intended to make him their prisoner [w]: Roger Bigod +replied, in the name of the rest, that he was not their prisoner, but +their sovereign; that they even intended to grant him large supplies, +in order to fix his son on the throne of Sicily; that they only +expected some return for this expense and service; and that, as he had +frequently made submissions to the Parliament, had acknowledged his +past errors, and had still allowed himself to be carried into the same +path, which gave them such just reason of complaint, he must now yield +to more strict regulations, and confer authority on those who were +able and willing to redress the national grievances. Henry, partly +allured by the hopes of supply, partly intimidated by the union and +martial appearance of the barons, agreed to their demand: and promised +to summon another Parliament at Oxford, in order to digest the new +plan of government, and to elect the persons who were to be intrusted +with the chief authority. +[FN [w] Annal. Theokesbury.] + +[MN 11th June. Provisions of Oxford.] +This Parliament, which the royalists, and even the nation, from +experience of the confusions that attended its measures, afterwards +denominated the MAD PARLIAMENT, met on the day appointed; and as all +the barons brought along with them their military vassals, and +appeared with an armed force, the king, who had taken no precautions +against them, was in reality a prisoner in their hands, and was +obliged to submit to all the terms which they were pleased to impose +upon him. Twelve barons were selected from among the king's +ministers; twelve more were chosen by Parliament: to these twenty- +four, unlimited authority was granted to reform the state; and the +king himself took an oath, that he would maintain whatever ordinances +they should think proper to enact for that purpose [x]. Leicester was +at the head of the supreme council, to which the legislative power was +thus in reality transferred; and all their measures were taken by his +secret influence and direction. Their first step bore a specious +appearance, and seemed well calculated for the end which they +professed to be the object of all these innovations: they ordered that +four knights should be chosen by each county; that they should make +inquiry into the grievances of which their neighbourhood had reason to +complain, and should attend the ensuing Parliament, in order to give +information to that assembly of the state of their particular counties +[y]: a nearer approach to our present constitution than had been made +by the barons in the reign of King John, when the knights were only +appointed to meet in their several counties, and there to draw up a +detail of their grievances. Meanwhile the twenty-four barons +proceeded to enact some regulations as a redress of such grievances as +were supposed to be sufficiently notorious. They ordered that three +sessions of Parliament should be regularly held every year in the +months of February, June, and October; that a new sheriff should be +annually elected by the votes of the freeholders in each county [z]; +that the sheriffs should have no power of fining the barons who did +not attend their courts, or the circuits of the justiciaries; that no +heirs should be committed to the wardship of foreigners, and no +castles intrusted to their custody; and that no new warrens or forests +should be created, nor the revenues of any counties or hundreds be let +to farm. Such were the regulations which the twenty-four barons +established at Oxford, for the redress of public grievances. +[FN [x] Rymer, vol. i. p. 655. Chron. Dunst. vol. i. p. 334. +Knyghton, p. 2445. [y] M. Paris, p. 657. Addit. p. 140. Ann. Burt. +p. 412. [z] Chron. Dunst. vol. i. p. 336.] + +But the Earl of Leicester and his associates, having advanced so far +to satisfy the nation, instead of continuing in this popular course, +or granting the king that supply which they had promised him, +immediately provided for the extension and continuance of their own +authority. They roused anew the popular clamour which had long +prevailed against foreigners; and they fell with the utmost violence +on the king's half-brothers, who were supposed to be the authors of +all national grievances, and whom Henry had no longer any power to +protect. The four brothers, sensible of their danger, took to flight, +with an intention of making their escape out of the kingdom; they were +eagerly pursued by the barons; Aymer, one of the brothers, who had +been elected to the see of Winchester, took shelter in his episcopal +palace, and carried the others along with him; they were surrounded in +that place, and threatened to be dragged out by force, and to be +punished for their crimes and misdemeanors; and the king, pleading the +sacredness of an ecclesiastical sanctuary, was glad to extricate them +from this danger by banishing them the kingdom. In this act of +violence, as well as in the former usurpations of the barons, the +queen and her uncles were thought to have secretly concurred; being +jealous of the credit acquired by the brothers, which they found had +eclipsed and annihilated their own. + +[MN Usurpations of the barons.] +But the subsequent proceedings of the twenty-four barons were +sufficient to open the eyes of the nation, and to prove their +intention of reducing for ever both the king and the people under the +arbitrary power of a very narrow aristocracy, which must at last have +terminated either in anarchy, or in a violent usurpation and tyranny. +They pretended that they had not yet digested all the regulations +necessary for the reformation of the state and for the redress of +grievances; and they must still retain their power, till that great +purpose were thoroughly effected: in other words, that they must be +perpetual governors, and must continue to reform, till they were +pleased to abdicate their authority. They formed an association among +themselves, and swore that they would stand by each other with their +lives and fortunes; they displaced all the chief officers of the +crown, the justiciary, the chancellor, the treasurer; and advanced +either themselves or their own creatures in their place: even the +officers of the king's household were disposed of at their pleasure: +the government of all the castles was put into hands in whom they +found reason to confide: and the whole power of the state being thus +transferred to them, they ventured to impose an oath, by which all the +subjects were obliged to swear, under the penalty of being declared +public enemies, that they would obey and execute all the regulations, +both known and unknown, of the twenty-four barons; and all this for +the greater glory of God, the honour of the church, the service of the +king, and the advantage of the kingdom [a]. No one dared to withstand +this tyrannical authority. Prince Edward himself, the king's eldest +son, a youth of eighteen, who began to give indications of that great +and manly spirit which appeared throughout the whole course of his +life, was, after making some opposition, constrained to take that oath +which really deposed his father and his family from sovereign +authority [b]. Earl Warrenne was the last person in the kingdom that +could be brought to give the confederated barons this mark of +submission. +[FN [a] Chron T. Wykes, p. 52. [b] Ann. Burt. p. 411.] + +But the twenty-four barons, not content with the usurpation of the +royal power, introduced an innovation in the constitution of +Parliament, which was of the utmost importance. They ordained that +this assembly should choose a committee of twelve persons, who should, +in the intervals of the sessions, possess the authority of the whole +Parliament, and should attend, on a summons, the person of the king in +all his motions. But so powerful were these barons, that this +regulation was also submitted to; the whole government was overthrown, +or fixed on new foundations; and the monarchy was totally subverted, +without its being possible for the king to strike a single stroke in +defence of the constitution against the newly-elected oligarchy. + +[MN 1259.] The report that the King of the Romans intended to pay a +visit to England gave alarm to the ruling barons, who dreaded lest the +extensive influence and established authority of that prince would be +employed to restore the prerogatives of his family, and overturn their +plan of government [c]. They sent over the Bishop of Worcester, who +met him at St. Omars; asked him, in the name of the barons, the reason +of his journey, and how long he intended to stay in England; and +insisted that, before he entered the kingdom, he should swear to +observe the regulations established at Oxford. On Richard's refusal +to take this oath, they prepared to resist him as a public enemy; they +fitted out a fleet, assembled an army, and exciting the inveterate +prejudices of the people against foreigners, from whom they had +suffered so many oppressions, spread the report that Richard, attended +by a number of strangers, meant to restore by force the authority of +his exiled brothers, and to violate all the securities provided for +public liberty. The King of the Romans was at last obliged to submit +to the terms required of him [d]. +[FN [c] M. Paris, p. 661. [d] Ibid. p. 661, 662. Chron. T. Wykes, p. +53.] + +But the barons, in proportion to their continuance in power, began +gradually to lose that popularity which had assisted them in obtaining +it; and men repined that regulations, which were occasionally +established for the reformation of the state, were likely to become +perpetual, and to subvert entirely the ancient constitution. They +were apprehensive lest the power of the nobles, always oppressive, +should now exert itself without control, by removing the counterpoise +of the crown; and their fears were increased by some new edicts of the +barons, which were plainly calculated to procure to themselves an +impunity in all their violences. They appointed that the circuits of +the itinerant justices, the sole check on their arbitrary conduct, +should be held only once in seven years; and men easily saw that a +remedy, which returned after such long intervals against an oppressive +power, which was perpetual, would prove totally insignificant and +useless [e]. The cry became loud in the nation, that the barons +should finish their intended regulations. The knights of the shires, +who seem now to have been pretty regularly assembled, and sometimes in +a separate house, made remonstrances against the slowness of their +proceedings. They represented that, though the king had performed all +the conditions required of him, the barons had hitherto done nothing +for the public good, and had only been careful to promote their own +private advantage, and to make inroads on the royal authority; and +they even appealed to Prince Edward, and claimed his interposition for +the interests of the nation and the reformation of the government [f]. +The prince replied, that though it was from constraint, and contrary +to his private sentiments, he had sworn to maintain the provisions of +Oxford, he was determined to observe his oath: but he sent a message +to the barons, requiring them to bring their undertaking to a speedy +conclusion, and fulfil their engagements to the public: otherwise he +menaced them, that, at the expense of his life, he would oblige them +to do their duty, and would shed the last drop of his blood in +promoting the interests, and satisfying the just wishes of the nation +[g]. +[FN [e] M. Paris, p. 667. Trivet, p. 209. [f] Annal. Burt. p. 427. +[g] Id. ibid.] + +The barons, urged by so pressing a necessity, published at last a new +code of ordinances for the reformation of the state [h]; but the +expectations of the people were extremely disappointed, when they +found that these consisted only of some trivial alterations in the +municipal law, and still more, when the barons pretended that the task +was not yet finished, and that they must farther prolong their +authority, in order to bring the work of reformation to the desired +period. The current of popularity was now much turned to the side of +the crown; and the barons had little to rely on for their support, +besides the private influence and power of their families, which, +though exorbitant, was likely to prove inferior to the combination of +king and people. Even this basis of power was daily weakened by their +intestine jealousies and animosities; their ancient and inveterate +quarrels broke out when they came to share the spoils of the crown; +and the rivalship between the Earls of Leicester and Gloucester, the +chief leaders among them, began to disjoint the whole confederacy. +The latter, more moderate in his pretensions, was desirous of stopping +or retarding the career of the barons' usurpations; but the former, +enraged at the opposition which he met with in his own party, +pretended to throw up all concern in English affairs, and he retired +into France [i]. +[FN [h] Ann. Burt. p. 428, 439. [i] Chron. Dunst. vol. i. p. 348.] + +The kingdom of France, the only state with which England had any +considerable intercourse, was at this time governed by Lewis IX., a +prince of the most singular character that is to be met with in all +the records of history. This monarch united, to the mean and abject +superstition of a monk, all the courage and magnanimity of the +greatest hero; and, what may be deemed more extraordinary, the justice +and integrity of a disinterested patriot, the mildness and humanity of +an accomplished philosopher. So far from taking advantage of the +divisions among the English, or attempting to expel those dangerous +rivals from the provinces which they still possessed in France, he had +entertained many scruples with regard to the sentence of attainder +pronounced against the king's father, had even expressed some +intention of restoring the other provinces, and was only prevented +from taking that imprudent resolution by the united remonstrances of +his own barons, who represented the extreme danger of such a measure +[k], and, what had a greater influence on Lewis, the justice of +punishing, by a legal sentence, the barbarity and felony of John. +Whenever this prince interposed in English affairs, it was always with +an intention of composing the differences between the king and his +nobility; he recommended to both parties every peaceable and +reconciling measure; and he used all his authority with the Earl of +Leicester, his native subject, to bend him to compliance with Henry. +[MN 20th May.] He made a treaty with England, at a time when the +distractions of that kingdom were at the greatest height, and when the +king's authority was totally annihilated; and the terms which he +granted might, even in a more prosperous state of their affairs, be +deemed reasonable and advantageous to the English. He yielded up some +territories which had been conquered from Poictou and Guienne; he +ensured the peaceable possession of the latter province to Henry; he +agreed to pay that prince a large sum of money; and he only required +that the king should, in return, make a final cession of Normandy and +the other provinces, which he could never entertain any hopes of +recovering by force of arms [l]. This cession was ratified by Henry, +by his two sons, and two daughters, and by the King of the Romans and +his three sons: Leicester alone, either moved by a vain arrogance, or +desirous to ingratiate himself with the English populace, protested +against the deed, and insisted on the right, however distant, which +might accrue to his consort [m]. Lewis saw, in his obstinacy, the +unbounded ambition of the man; and as the barons insisted that the +money due by treaty should be at their disposal, not at Henry's, he +also saw, and probably with regret, the low condition to which this +monarch, who had more erred from weakness than from any bad intention, +was reduced by the turbulence of his own subjects. +[FN [k] M. Paris, p. 604. [l] Rymer, vol. i. p. 675. M. Paris, p. +566. Chron. T. Wykes, p. 53. Trivet, p. 208. M. West. p. 371. [m] +Chron. T. Wykes, p. 53.] + +[MN 1261.] But the situation of Henry soon after wore a more +favourable aspect. The twenty-four barons had now enjoyed the +sovereign power near three years; and had visibly employed it, not for +the reformation of the state, which was their first pretence, but for +the aggrandizement of themselves and of their families. The breach of +trust was apparent to all the world: every order of men felt it, and +murmured against it: the dissensions among the barons themselves, +which increased the evil, made also the remedy more obvious and easy; +and the secret desertion, in particular, of the Earl of Gloucester to +the crown, seemed to promise Henry certain success in any attempt to +resume his authority. Yet durst he not take that step, so +reconcilable both to justice and policy, without making a previous +application to Rome, and desiring an absolution from his oaths and +engagements [n]. +[FN [n] Ann. Burt. p. 389.] + +The pope was at this time much dissatisfied with the conduct of the +barons, who, in order to gain the favour of the people and clergy of +England, had expelled all the Italian ecclesiastics, had confiscated +their benefices, and seemed determined to maintain the liberties and +privileges of the English church, in which the rights of patronage, +belonging to their own families, were included. The extreme animosity +of the English clergy against the Italians was also a source of his +disgust to this order; and an attempt, which had been made by them for +farther liberty and greater independence on the civil power, was +therefore less acceptable to the court of Rome [o]. About the same +time that the barons at Oxford had annihilated the prerogatives of the +monarchy, the clergy met in a synod at Merton, and passed several +ordinances, which were no less calculated to promote their own +grandeur at the expense of the crown. They decreed, that it was +unlawful to try ecclesiastics by secular judges; that the clergy were +not to regard any prohibitions from civil courts; that lay patrons had +no right to confer spiritual benefices; that the magistrate was +obliged, without farther inquiry, to imprison all excommunicated +persons; and that ancient usage, without any particular grant or +charter, was a sufficient authority for any clerical possessions or +privileges [p]. About a century before, these claims would have been +supported by the court of Rome beyond the most fundamental articles of +faith: they were the chief points maintained by the great martyr, +Becket; and his resolution in defending them had exalted him to the +high station which he held in the catalogue of Romish saints. But +principles were changed with the times: the pope was become somewhat +jealous of the great independence of the English clergy, which made +them stand less in need of his protection, and even imboldened them to +resist his authority, and to complain of the preference given to the +Italian courtiers, whose interests, it is natural to imagine, were the +chief object of his concern. He was ready, therefore, on the king's +application, to annul these new constitutions of the church of England +[q]. And, at the same time, he absolved the king, and all his +subjects, from the oath which they had taken to observe the provisions +of Oxford [r]. +[FN [o] Rymer, vol. i. p. 755. [p] Ann. Burt. p. 389. [q] Rymer, +vol. i. p. 755. [r] Ibid. p. 722. M. Paris, p. 666. W. Heming. p. +580. Ypod. Neust. p. 463. Knyghton, p. 2446.] + +[MN Prince Edward.] +Prince Edward, whose liberal mind, though in such early youth, had +taught him the great prejudice which his father had incurred, by his +levity, inconstancy, and frequent breach of promise, refused for a +long time to take advantage of this absolution; and declared, that the +provisions of Oxford, how unreasonable soever in themselves, and how +much soever abused by the barons, ought still to be adhered to by +those who had sworn to observe them [s]: he himself had been +constrained by violence to take that oath; yet he was determined to +keep it. By this scrupulous fidelity, the prince acquired the +confidence of all parties, and was afterwards enabled to recover fully +the royal authority, and to perform such great actions, both during +his own reign and that of his father. +[FN [s] M. Paris, p. 667.] + +The situation of England, during this period, as well as that of most +European kingdoms, was somewhat peculiar. There was no regular +military force maintained in the nation: the sword, however, was not, +properly speaking, in the hands of the people: the barons were alone +intrusted with the defence of the community; and after any effort +which they made, either against their own prince or against +foreigners, as the military retainers departed home, the armies were +disbanded, and could not speedily be re-assembled at pleasure. It was +easy, therefore, for a few barons, by a combination, to get the start +of the other party, to collect suddenly their troops, and to appear +unexpectedly in the field with an army, which their antagonists, +though equal, or even superior in power and interest, would not dare +to encounter. Hence the sudden revolutions which often took place in +those governments: hence the frequent victories obtained, without a +blow, by one faction over the other: and hence it happened, that the +seeming prevalence of a party was seldom a prognostic of its long +continuance in power and authority. + +[MN 1262.] The king, as soon as he received the pope's absolution +from his oath, accompanied with menaces of excommunication against all +opponents, trusting to the countenance of the church, to the support +promised him by many considerable barons, and to the returning favour +of the people, immediately took off the mask. After justifying his +conduct by a proclamation, in which he set forth the private ambition, +and the breach of trust, conspicuous in Leicester and his associates, +he declared, that he had resumed the government, and was determined +thenceforth to exert the royal authority for the protection of his +subjects. He removed Hugh le Despenser and Nicholas de Ely, the +justiciary and chancellor appointed by the barons; and put Philip +Basset and Walter de Merton in their place. He substituted new +sheriffs in all the counties, men of character and honour: he placed +new governors in most of the castles: he changed all the officers of +his household: [MN 23d April.] he summoned a Parliament, in which the +resumption of his authority was ratified, with only five dissenting +voices: and the barons, after making one fruitless effort to take the +king by surprise at Winchester, were obliged to acquiesce in those new +regulations [t]. +[FN [t] M. Paris, p. 668. Chron. T. Wykes, p. 55.] + +The king, in order to cut off every objection to his conduct, offered +to refer all the differences between him and the Earl of Leicester, +to Margaret, Queen of France [u]. The celebrated integrity of Lewis +gave a mighty influence to any decision which issued from his court; +and Henry probably hoped, that the gallantry, on which all barons, as +true knights, valued themselves, would make them ashamed not to submit +to the award of that princess. Lewis merited the confidence reposed +in him. By an admirable conduct, probably as political as just, he +continually interposed his good offices to allay the civil discords of +the English: he forwarded all healing measures, which might give +security to both parties: and he still endeavoured, though in vain, to +soothe, by persuasion, the fierce ambition of the Earl of Leicester, +and to convince him how much it was his duty to submit peaceably to +the authority of his sovereign. +[FN [u] Rymer, vol. i. p. 724.] + +[MN 1263.] That bold and artful conspirator was nowise discouraged by +the bad success of his past enterprises. The death of Richard, Earl +of Gloucester, who was his chief rival in power, and who, before his +decease, had joined the royal party, seemed to open a new field to his +violence, and to expose the throne to fresh insults and injuries. It +was in vain that the king professed his intentions of observing +strictly the great charter, even of maintaining all the regulations +made by the reforming barons at Oxford or afterwards, except those +which entirely annihilated the royal authority: these powerful +chieftains, now obnoxious to the court, could not peaceably resign the +hopes of entire independence and uncontrolled power, with which they +had flattered themselves, and which they had so long enjoyed. [MN +Civil wars of the barons.] Many of them engaged in Leicester's views; +and among the rest, Gilbert, the young Earl of Gloucester, who brought +him a mighty accession of power, from the extensive authority +possessed by that opulent family. Even Henry, son of the King of the +Romans, commonly called Henry d'Allmaine, though a prince of the +blood, joined the party of the barons against the king, the head of +his own family. Leicester himself, who still resided in France, +secretly formed the links of this great conspiracy, and planned the +whole scheme of operations. + +The princes of Wales, notwithstanding the great power of the monarchs, +both of the Saxon and Norman line, still preserved authority in their +own country. Though they had often been constrained to pay tribute to +the crown of England, they were with difficulty retained in +subordination, or even in peace; and almost through every reign since +the Conquest, they had infested the English frontiers with such petty +incursions and sudden inroads, as seldom merit to have place in a +general history. The English, still content with repelling their +invasions, and chasing them back into their mountains, had never +pursued the advantages obtained over them, nor been able, even under +their greatest and most active princes, to fix a total, or so much as +a feudal subjection on the country. This advantage was reserved to +the present king, the weakest and most indolent. In the year 1237, +Lewellyn, Prince of Wales, declining in years, and broken with +infirmities, but still more harassed with the rebellion and undutiful +behaviour of his youngest son, Griffin, had recourse to the protection +of Henry; and consenting to subject his principality, which had so +long maintained, or soon recovered, its independence, to vassalage +under the crown of England, had purchased security and tranquillity on +these dishonourable terms. His eldest son and heir, David, renewed +the homage to England; and having taken his brother prisoner, +delivered him into Henry's hands, who committed him to custody in the +Tower. That prince, endeavouring to make his escape, lost his life in +the attempt; and the Prince of Wales, freed from the apprehensions of +so dangerous a rival, paid thenceforth less regard to the English +monarch, and even renewed those incursions, by which the Welsh, during +so many ages, had been accustomed to infest the English borders. +Lewellyn, however, the son of Griffin, who succeeded to his uncle, had +been obliged to renew the homage, which was now claimed by England as +an established right; but he was well pleased to inflame those civil +discords, on which he rested his present security, and founded his +hopes of future independence. He entered into a confederacy with the +Earl of Leicester, and collecting all the force of his principality, +invaded England with an army of thirty thousand men. He ravaged the +lands of Roger de Mortimer, and of all the barons who adhered to the +crown [w]; he marched into Cheshire, and committed like depredations +on Prince Edward's territories; every place where his disorderly +troops appeared was laid waste with fire and sword; and though +Mortimer, a gallant and expert soldier, made stout resistance, it was +found necessary that the prince himself should head the army against +this invader. Edward repulsed Prince Lewellyn, and obliged him to +take shelter in the mountains of North Wales: but he was prevented +from making farther progress against the enemy, by the disorders which +soon after broke out in England. +[FN [w] Chron. Dunst. vol. i. p. 354.] + +The Welsh invasion was the appointed signal for the malecontent barons +to rise in arms, and Leicester, coming over secretly from France, +collected all the forces of his party, and commenced an open +rebellion. He seized the person of the Bishop of Hereford; a prelate +obnoxious to all the inferior clergy, on account of his devoted +attachment to the court of Rome [x]. Simon, Bishop of Norwich, and +John Mansel, because they had published the pope's bull, absolving the +king and kingdom from their oaths to observe the provisions of Oxford, +were made prisoners, and exposed to the rage of the party. The king's +demesnes were ravaged with unbounded fury [y]: and as it was +Leicester's interest to allure to his side, by the hopes of plunder, +all the disorderly ruffians in England, he gave them a general licence +to pillage the barons of the opposite party, and even all neutral +persons. But one of the principal resources of his faction was the +populace of the cities, particularly of London; and as he had, by his +hypocritical pretensions to sanctity, and his zeal against Rome, +engaged the monks and lower ecclesiastics in his party, his dominion +over the inferior ranks of men became uncontrollable. Thomas +Fitz-Richard, Mayor of London, a furious and licentious man, gave the +countenance of authority to these disorders in the capital; and having +declared war against the substantial citizens, he loosened all the +bands of government, by which that turbulent city was commonly but ill +restrained. On the approach of Easter, the zeal of superstition, the +appetite for plunder, or what is often as prevalent with the populace +as either of these motives, the pleasure of committing havoc and +destruction, prompted them to attack the unhappy Jews, who were first +pillaged without resistance, then massacred to the number of five +hundred persons [z]. The Lombard bankers wore next exposed to the +rage of the people; and though, by taking sanctuary in the churches, +they escaped with their lives, all their money and goods became a prey +to the licentious multitude. Even the houses of the rich citizens, +though English, were attacked by night; and way was made by sword and +by fire to the pillage of their goods, and often to the destruction of +their persons. The queen, who, though defended by the Tower, was +terrified by the neighbourhood of such dangerous commotions, resolved +to go by water to the castle of Windsor; but as she approached the +bridge, the populace assembled against her: the cry ran, DROWN THE +WITCH; and besides abusing her with the most opprobrious language, and +pelting her with rotten eggs and dirt, they had prepared large stones +to sink her barge, when she should attempt to shoot the bridge; and +she was so frightened, that she returned to the Tower [a]. +[FN [x] Trivet, p. 211. M. West. p. 382, 392. [y] Trivet, p. 211. +M. West. p. 382. [z] Chron. T. Wykes, p. 59. [a] Ibid. p. 57.] + +The violence and fury of Leicester's faction had risen to such a +height in all parts of England, that the king, unable to resist their +power, was obliged to set on foot a treaty of peace; and to make an +accommodation with the barons on the most disadvantageous terms [b]. +[MN July.] He agreed to confirm anew the provisions of Oxford, even +those which entirely annihilated the royal authority; and the barons +were again reinstated in the sovereignty of the kingdom. They +restored Hugh le Despenser to the office of chief justiciary; they +appointed their own creatures sheriffs in every county in England; +they took possession of all the royal castles and fortresses; they +even named all the officers of the king's household; and they summoned +a Parliament to meet at Westminster, in order to settle more fully +their plan of government. [MN 1263. 14th Oct.] They here produced a +new list of twenty-four barons, to whom they proposed that the +administration should be entirely committed; and they insisted that +the authority of this junto should continue, not only during the reign +of the king, but also during that of Prince Edward. +[FN [b] Chron. Dunst. vol. i. p. 358. Trivet, p. 211.] + +This prince, the life and soul of the royal party, had unhappily, +before the king's accommodation with the barons, been taken prisoner +by Leicester in a parley at Windsor [c]; and that misfortune, more +than any other incident, had determined Henry to submit to the +ignominious conditions imposed upon him. But Edward, having recovered +his liberty by the treaty, employed his activity in defending the +prerogatives of his family; and he gained a great party even among +those who had at first adhered to the cause of the barons. His cousin +Henry d'Allmaine, Roger Bigod, earl marshal, Earl Warrenne, Humphrey +Bohun, Eaff of Hereford, John Lord Basset, Ralph Basset, Hammond +l'Estrange, Roger Mortimer, Henry de Piercy, Robert do Brus, Roger de +Leybourne, with almost all the lords marchers, as they were called, on +the borders of Wales and of Scotland, the most warlike parts of the +kingdom, declared in favour of the royal cause; and hostilities, which +were scarcely well composed, were again renewed in every part of +England. But the near balance of the parties, joined to the universal +clamour of the people, obliged the king and barons to open anew the +negotiations for peace; and it was agreed, by both sides, to submit +their differences to the arbitration of the King of France [d]. +[FN [c] M. Paris, p. 669. Trivet, p. 213. [d] M. Paris, p. 668. +Chron. T. Wykes, p. 58. W. Heming, p. 580. Chron Dunst. vol. i. p. +363.] + +[MN Reference to the King of France.] +This virtuous prince, the only man who, in like circumstances, could +safely have been intrusted with such an authority by a neighbouring +nation, had never ceased to interpose his good offices between the +English factions; and had even, during the short interval of peace, +invited over to Paris both the king and the Earl of Leicester, in +order to accommodate the differences between them; but found, that the +fears and animosities on both sides, as well as the ambition of +Leicester, were so violent, as to render all his endeavours +ineffectual. But when this solemn appeal, ratified by the oaths and +subscriptions of the leaders in both factions, was made to his +judgment, he was not discouraged from pursuing his honourable purpose: +[MN 1264.] he summoned the states of France at Amiens; and there, in +the presence of that assembly, as well as in that of the King of +England, and Peter de Montfort, Leicester's son, he brought this great +cause to a trial and examination. It appeared to him, that the +provisions of Oxford, even had they not been extorted by force, had +they not been so exorbitant in their nature, and subversive of the +ancient constitution, were expressly established as a temporary +expedient, and could not, without breach of trust, be rendered +perpetual by the barons. [MN 23d Jan.] He therefore annulled these +provisions; restored to the king the possession of his castles, and +the power of nomination to the great offices; allowed him to retain +what foreigners he pleased in his kingdom, and even to confer on them +places of trust and dignity; and, in a word, re-established the royal +power in the same condition on which it stood before the meeting of +the Parliament at Oxford. But while he thus suppressed dangerous +innovations, and preserved unimpaired the prerogatives of the English +crown, he was not negligent of the rights of the people; and besides +ordering that a general amnesty should be granted for all past +offences, he declared that his award was not anywise meant to derogate +from the privileges and liberties which the nation enjoyed by any +former concessions or charters of the crown [e]. +[FN [e] Rymer, vol. i. p. 776, 777, &c. Chron. T. Wykes, p. 58. +Knyghton, p. 2446.] + +This equitable sentence was no sooner known in England, than Leicester +and his confederates determined to reject it, and to have recourse to +arms, in order to procure to themselves more safe and advantageous +conditions [f]. [MN Renewal of the civil wars.] Without regard to +his oaths and subscriptions, that enterprising conspirator directed +his two sons, Richard and Peter de Montfort, in conjunction with +Robert de Ferrars, Earl of Derby, to attack the city of Worcester; +while Henry and Simon de Montfort, two others of his sons, assisted by +the Prince of Wales, were ordered to lay waste the estate of Roger de +Mortimer. He himself resided at London; and employing, as his +instrument, Fitz-Richard, the seditious mayor, who had violently and +illegally prolonged his authority, he wrought up that city to the +highest ferment and agitation. The populace formed themselves into +bands and companies; chose leaders; practised all military exercises; +committed violence on the royalists; and to give them greater +countenance in their disorders, an association was entered into +between the city and eighteen great barons, never to make peace with +the king but by common consent and approbation. At the head of those +who swore to maintain this association were the Earls of Leicester, +Gloucester, and Derby, with le Despenser, the chief justiciary; men +who had all previously sworn to submit to the award of the French +monarch. Their only pretence for this breach of faith was, that the +latter part of Lewis's sentence was, as they affirmed, a contradiction +to the former: he ratified the charter of liberties, yet annulled the +provisions of Oxford; which were only calculated, as they maintained, +to preserve that charter; and without which, in their estimation, they +had no security for its observance. +[FN [f] Chron. Dunst. vol. i. p. 363.] + +The king and prince finding a civil war inevitable, prepared +themselves for defence; and summoning the military vassals from all +quarters, and being reinforced by Baliol, Lord of Galloway, Brus, Lord +of Annandale, Henry Piercy, John Comyn [g], and other barons of the +north, they composed an army, formidable, as well from its numbers as +its military prowess and experience. The first enterprise of the +royalists was the attack of Northampton, which was defended by Simon +de Montfort, with many of the principal barons of that party; and a +breach being made in the walls by Philip Basset, the place was carried +by assault, and both the governor and the garrison were made +prisoners. [MN 5th April.] The royalists marched thence to Leicester +and Nottingham; both which places having opened their gates to them, +Prince Edward proceeded with a detachment into the county of Derby, in +order to ravage with fire and sword the lands of the earl of that +name, and take revenge on him for his disloyalty. Like maxims of war +prevailed with both parties throughout England; and the kingdom was +thus exposed in a moment to greater devastation, from the animosities +of the rival barons, than it would have suffered from many years of +foreign or even domestic hostilities, conducted by more humane and +more generous principles. +[FN [g] Rymer, vol. i. p 772. M. West. p. 385. Ypod. Neust. p. 469.] + +The Earl of Leicester, master of London, and of the counties in the +south-east of England, formed the siege of Rochester, which alone +declared for the king in those parts, and which, besides Earl +Warrenne, the governor, was garrisoned by many noble and powerful +barons of the royal party. The king and prince hastened from +Nottingham, where they were then quartered, to the relief of the +place; and on their approach, Leicester raised the siege, and +retreated to London, which, being the centre of his power, he was +afraid might, in his absence, fall into the king's hands, either by +force, or by a correspondence with the principal citizens, who were +all secretly inclined to the royal cause. Reinforced by a great body +of Londoners, and having summoned his partisans from all quarters, he +thought himself strong enough to hazard a general battle with the +royalists, and to determine the fate of the nation in one great +engagement; which, if it proved successful, must be decisive against +the king, who had no retreat for his broken troops in those parts; +while Leicester himself, in case of any sinister accident, could +easily take shelter in the city. To give the better colouring to his +cause, he previously sent a message with conditions of peace to Henry, +submissive in the language, but exorbitant in the demands [h]; and +when the messenger returned with the lie and defiance from the king, +the prince, and the King of the Romans, he sent a new message, +renouncing in the name of himself and of the associated barons, all +fealty and allegiance to Henry. He then marched out of the city, with +his army divided into four bodies: the first commanded by his two +sons, Henry and Guy de Montfort, together with Humphrey de Bohun, Earl +of Hereford, who had deserted to the barons; the second led by the +Earl of Gloucester, with William de Montchesney and John Fitz-John; +the third, composed of Londoners, under the command of Nicholas de +Segrave; the fourth headed by himself in person. The Bishop of +Chichester gave a general absolution to the army, accompanied with +assurances that, if any of them fell in the ensuing action, they would +infallibly be received into heaven, as the reward of their suffering +in so meritorious a cause. +[FN [h] M. Paris, p. 669. W. Heming. p. 583.] + +[MN Battle of Lewes. 14th May.] +Leicester, who possessed great talents for war, conducted his march +with such skill and secrecy, that he had well nigh surprised the +royalists in their quarters at Lewes in Sussex: but the vigilance and +activity of Prince Edward soon repaired this negligence; and he led +out the king's army to the field in three bodies. He himself +conducted the van, attended by Earl Warrenne and William de Valence: +the main body was commanded by the King of the Romans and his son +Henry: the king himself was placed in the rear at the head of his +principal nobility. Prince Edward rushed upon the Londoners, who had +demanded the post of honour in leading the rebel army, but who, from +their ignorance of discipline and want of experience, were ill fitted +to resist the gentry and military men, of whom the prince's body was +composed. They were broken in an instant; were chased off the field; +and Edward, transported by his martial ardour, and eager to revenge +the insolence of the Londoners against his mother [i], put them to the +sword for the length of four miles, without giving them any quarter, +and without reflecting on the fate which in the mean time attended the +rest of the army. The Earl of Leicester, seeing the royalists thrown +into confusion by their eagerness in the pursuit, led on his remaining +troops against the bodies commanded by the two royal brothers: he +defeated, with great slaughter, the forces headed by the King of the +Romans; and that prince was obliged to yield himself prisoner to the +Earl of Gloucester; he penetrated to the body where the king himself +was placed, threw it into disorder, pursued his advantage, chased it +into the town of Lewes, and obliged Henry to surrender himself +prisoner [k]. +[FN [i] M. Paris, p. 670. Chron. T. Wykes, p. 62. W. Heming. p. 583. +M. West. p. 387. Ypod. Neust. p. 469. H. Knyghton, p. 2450. [k] M. +Paris, p. 670. M. West. p. 387.] + +Prince Edward, returning to the field of battle from his precipitate +pursuit of the Londoners, was astonished to find it covered with the +dead bodies of his friends and still more to hear, that his father and +uncle were defeated and taken prisoners, and that Arundel, Comyn Brus, +Hamond L'Estrange, Roger Leybourne, and many considerable barons of +his party, were in the hands of the victorious enemy. Earl Warrenne, +Hugh Bigod, and William de Valence, struck with despair at this event, +immediately took to flight, hurried to Pevensey, and made their escape +beyond sea [l]: but the prince, intrepid amidst the greatest +disasters, exhorted his troops to revenge the death of their friends, +to relieve the royal captives, and to snatch an easy conquest from an +enemy disordered by their own victory [m]. He found his followers +intimidated by their situation; while Leicester, afraid of a sudden +and violent blow from the prince, amused him by a feigned negotiation, +till he was able to recall his troops from the pursuit, and to bring +them into order [n]. There now appeared no farther resource to the +royal party, surrounded by the armies and garrisons of the enemy, +destitute of forage and provisions, and deprived of their sovereign, +as well as of their principal leaders, who could alone inspirit them +to an obstinate resistance. The prince, therefore, was obliged to +submit to Leicester's terms, which were short and severe, agreeably to +the suddenness and necessity of the situation: he stipulated, that he +and Henry d'Allmaine should surrender themselves prisoners as pledges +in lieu of the two kings; that all other prisoners on both sides +should be released [o]; and that, in order to settle fully the terms +of agreement, application should be made to the King of France, that +he should name six Frenchmen, three prelates, and three noblemen: +these six to choose two others of their own country; and these two to +choose one Englishman, who, in conjunction with themselves, were to be +invested by both parties with full powers to make what regulations +they thought proper for the settlement of the kingdom. The prince and +young Henry accordingly delivered themselves into Leicester's hands, +who sent them under a guard to Dover castle. Such are the terms of +agreement commonly called the MISE of Lewes, from an obsolete French +term of that meaning: for it appears, that all the gentry and nobility +of England, who valued themselves on their Norman extraction, and who +disdained the language of their native country, made familiar use of +the French tongue till this period, and for some time after. +[FN [l] Chron. T. Wykes, p. 63. [m] W. Heming. p. 584. [n] Ibid. +[o] M. Paris, p. 671 Knyghton, p. 2451.] + +Leicester had no sooner obtained this great advantage, and gotten the +whole royal family in his power, than he openly violated every article +of the treaty, and acted as sole master, and even tyrant of the +kingdom. He still detained the king in effect a prisoner, and made +use of that prince's authority to purposes the most prejudicial to his +interests, and the most oppressive of his people [p]. He every where +disarmed the royalists, and kept all his own partisans in a military +posture [q]: he observed the same partial conduct in the deliverance +of the captives, and even threw many of the royalists into prison, +besides those who were taken in the battle of Lewes: he carried the +king from place to place, and obliged all the royal castles, on +pretence of Henry's commands, to receive a governor and garrison of +his own appointment: all the officers of the crown and of the +household were named by him; and the whole authority, as well as arms +of the state, was lodged in his hands: he instituted in the counties a +new kind of magistracy, endowed with new and arbitrary powers, that of +conservators of the peace [r]: his avarice appeared bare-faced, and +might induce us to question the greatness of his ambition, at least +the largeness of his mind, if we had not reason to think, that he +intended to employ his acquisitions as the instruments for attaining +farther power and grandeur. He seized the estates of no less than +eighteen barons, as his share of the spoil gained in the battle of +Lewes: he engrossed to himself the ransom of all the prisoners; and +told his barons, with a wanton insolence, that it was sufficient for +them that he had saved them, by that victory, from the forfeitures +and attainders which hung over them [s]: he even treated the Earl of +Gloucester in the same injurious manner, and applied to his own use +the ransom of the King of the Romans, who, in the field of battle, had +yielded himself prisoner to that nobleman. Henry, his eldest son, +made a monopoly of all the wool in the kingdom, the only valuable +commodity for foreign markets which it at that time produced [t]. The +inhabitants of the cinque-ports, during the present dissolution of +government, betook themselves to the most licentious piracy, preyed on +the ships of all nations, threw the mariners into the sea, and, by +these practices, soon banished all merchants from the English coasts +and harbours. Every foreign commodity rose to an exorbitant price; +and woollen cloth, which the English had not then the art of dyeing, +was worn by them white, and without receiving the last hand of the +manufacturer. In answer to the complaints which arose on this +occasion, Leicester replied, that the kingdom could well enough +subsist within itself, and needed no intercourse with foreigners; and +it was found that he even combined with the pirates of the +cinque-ports, and received as his share the third of their prizes [u]. +[FN [p] Rymer, vol. i. p. 790, 791, &c. [q] Ibid. p. 795. Brady's +Appeals, No. 211, 212. Chron. T. Wykes, p. 63. [r] Rymer, vol. i. p. +792. [s] Knyghton, p. 2451. [t] Chron. T. Wykes, p. 65. [u] Ibid.] + +No farther mention was made of the reference to the King of France, so +essential an article in the agreement of Lewes; and Leicester summoned +a Parliament, composed altogether of his own partisans, in order to +rivet, by their authority, that power which he had acquired by so much +violence, and which he used with so much tyranny and injustice. An +ordinance was there passed, to which the king's consent had been +previously extorted, that every act of royal power should be exercised +by a council of nine persons, who were to be chosen and removed by the +majority of three, Leicester himself, the Earl of Gloucester, and the +Bishop of Chichester [w]. By this intricate plan of government, the +sceptre was really put into Leicester's hands; as he had the entire +direction of the Bishop of Chichester, and thereby commanded all the +resolutions of the council of three, who could appoint or discard at +pleasure every member of the supreme council. +[FN [w] Rymer, vol. i. p. 793. Brady's App. No. 213.] + +But it was impossible that things could long remain in this strange +situation. It behoved Leicester either to descend with some peril +into the rank of a subject or to mount up with no less into that of a +sovereign; and his ambition, unrestrained either by fear or by +principle, gave too much reason to suspect him of the latter +intention. Meanwhile he was exposed to anxiety from every quarter; +and felt that the smallest incident was capable of overturning that +immense and ill-cemented fabric which he had reared. The queen, whom +her husband had left abroad, had collected in foreign parts an army of +desperate adventurers, and had assembled a great number of ships, with +a view of invading the kingdom, and of bringing relief to her +unfortunate family. Lewis, detesting Leicester's usurpations and +perjuries, and disgusted at the English barons, who had refused to +submit to his award, secretly favoured all her enterprises, and was +generally believed to be making preparations for the same purpose. An +English army, by the pretended authority of the captive king, was +assembled on the seacoast to oppose this projected invasion [x]; but +Leicester owed his safety more to cross winds, which long detained and +at last dispersed and ruined the queen's fleet, than to any resistance +which, in their present situation, could have been expected from the +English. +[FN [x] Brady's App. No. 216, 217. Chron. Dunst. vol. i. p. 373. M. +West. p. 385.] + +Leicester found himself better able to resist the spiritual thunders +which were levelled against him. The pope, still adhering to the +king's cause, against the barons, despatched Cardinal Guido as his +legate into England, with orders to excommunicate, by name, the three +earls, Leicester, Gloucester, and Norfolk, and all others, in general, +who concurred in the oppression and captivity of their sovereign [y]. +Leicester menaced the legate with death, if he set foot within the +kingdom; but Guido, meeting in France the Bishops of Winchester, +London, and Worcester, who had been sent thither on a negotiation, +commanded them, under the penalty of ecclesiastical censures, to carry +his bull into England, and to publish it against the barons. When the +prelates arrived off the coast, they were boarded by the piratical +mariners of the cinque-ports, to whom probably they gave a hint of the +cargo which they brought along with them: the bull was torn and thrown +into the sea; which furnished the artful prelates with a plausible +excuse for not obeying the orders of the legate. Leicester appealed +from Guido to the pope in person; but before the ambassadors, +appointed to defend his cause, could reach Rome, the pope was dead; +and they found the legate himself, from whom they had appealed, seated +on the papal throne, by the name of Urban IV. That daring leader was +nowise dismayed with this incident; and as he found that a great part +of his popularity in England was founded on his opposition to the +court of Rome, which was now become odious, he persisted with the more +obstinacy in the prosecution of his measures. +[FN [y] Rymer, vol. i. p. 798. Chron. Dunst. vol. i. p. 373.] + +[MN 1265. 20th Jan.] That he might both increase and turn to +advantage his popularity, Leicester summoned a new Parliament in +London, where he knew his power was uncontrollable; and he fixed this +assembly on a more democratical basis than any which had ever been +summoned since the foundation of the monarchy. Besides the barons of +his own party, and several ecclesiastics who were not immediate +tenants of the crown, he ordered returns to be made of two knights +from each shire, and what is more remarkable, of deputies from the +boroughs, an order of men which, in former ages, had always been +regarded as too mean to enjoy a place in the national councils [z]. +[MN House of Commons.] This period is commonly esteemed the epoch of +the House of Commons in England; and it is certainly the first time +that historians speak of any representatives sent to Parliament by the +boroughs. In all the general accounts given in preceding times of +those assemblies, the prelates and barons only are mentioned as the +constituent members; and even in the most particular narratives +delivered of parliamentary transactions, as in the trial of Thomas à +Becket, where the events of each day, and almost of each hour, are +carefully recorded by contemporary authors [a], there is not, +throughout the whole, the least appearance of a House of Commons. But +though that House derived its existence from so precarious and even +so invidious an origin as Leicester's usurpation, it soon proved, when +summoned by the legal princes, one of the most useful, and, in process +of time, one of the most powerful members of the national +constitution; and gradually rescued the kingdom from aristocratical as +well as from regal tyranny. But Leicester's policy, if we must +ascribe to him so great a blessing, only forwarded by some years an +institution, for which the general state of things had already +prepared the nation; and it is otherwise inconceivable, that a plant +set by so inauspicious a hand could have attained to so vigorous a +growth, and have flourished in the midst of such tempests and +convulsions. The feudal system, with which the liberty, much more the +power of the Commons, was totally incompatible, began gradually to +decline; and both the king and the commonalty, who felt its +inconveniences, contributed to favour this new power, which was more +submissive than the barons to the regular authority of the crown, and +at the same time afforded protection to the inferior orders of the +state. +[FN [z] Rymer, vol. i. p. 802. [a] Fitz-Stephen, Hist. Quadrip. +Hoveden, &c.] + +Leicester having thus assembled a Parliament of his own model, and +trusting to the attachment of the populace of London, seized the +opportunity of crushing his rivals among the powerful barons. Robert +de Ferrars, Earl of Derby, was accused in the king's name, seized, and +committed to custody without being brought to any legal trial [b]. +John Gifford, menaced with the same fate, fled from London, and took +shelter in the borders of Wales. Even the Earl of Gloucester, whose +power and influence had so much contributed to the success of the +barons, but who of late was extremely disgusted with Leicester's +arbitrary conduct, found himself in danger from the prevailing +authority of his ancient confederate; and he retired from Parliament +[c]. This known dissension gave courage to all Leicester's enemies +and to the king's friends, who were now sure of protection from so +potent a leader. Though Roger Mortimer, Hamond L'Estrange, and other +powerful marchers of Wales, had been obliged to leave the kingdom, +their authority still remained over the territories subjected to their +jurisdiction; and there were many others who were disposed to give +disturbance to the new government. The animosities, inseparable from +the feudal aristocracy, broke out with fresh violence, and threatened +the kingdom with new convulsions and disorders. +[FN [b] Chron. T. Wykes, p. 66. Ann. Waverl. p. 216. [c] M. Paris, +p. 671. Ann. Waverl. p. 216.] + +The Earl of Leicester, surrounded with these difficulties, embraced a +measure from which he hoped to reap some present advantages, but which +proved in the end the source of all his future calamities. The active +and intrepid Prince Edward had languished in prison ever since the +fatal battle of Lewes; and as he was extremely popular in the kingdom, +there arose a general desire of seeing him again restored to liberty +[d]. Leicester, finding that he could with difficulty oppose the +concurring wishes of the nation, stipulated with the prince, that, in +return, he should order his adherents to deliver up to the barons all +their castles, particularly those on the borders of Wales; and should +swear neither to depart the kingdom during three years, nor introduce +into it any foreign forces [e]. The king took an oath to the same +effect, and he also passed a charter, in which he confirmed the +agreement or MISE of Lewes; and even permitted his subjects to rise in +arms against him if he should ever attempt to infringe it [f]. So +little care did Leicester take, though he constantly made use of the +authority of this captive prince, to preserve to him any appearance of +royalty or kingly prerogatives! +[FN [d] Knyghton, p. 2451. [e] Ann. Waverl. p. 216. [f] Blackstone's +Mag. Charta. Chron. Dunst. vol. i. p. 378.] + +[MN 11th Mar.] In consequence of this treaty, Prince Edward was +brought into Westminster-hall, and was declared free by the barons: +but instead of really recovering his liberty, as he had vainly +expected, he found that the whole transaction was a fraud on the part +of Leicester; that he himself still continued a prisoner at large, and +was guarded by the emissaries of that nobleman; and that, while the +faction reaped all the benefit from the performance of his part of the +treaty, care was taken that he should enjoy no advantage by it. As +Gloucester, on his rupture with the barons, had retired for safety to +his estates on the borders of Wales, Leicester followed him with an +army to Hereford [g]; continued still to menace and negotiate; and +that he might add authority to his cause, he carried both the king and +prince along with him. The Earl of Gloucester here concerted with +young Edward the manner of that prince's escape. He found means to +convey to him a horse of extraordinary swiftness; and appointed Roger +Mortimer, who had returned into the kingdom, to be ready at hand with +a small party to receive the prince, and to guard him to a place of +safety. Edward pretended to take the air with some of Leicester's +retinue, who were his guards; and making matches between their horses, +after he thought he had tired and blown them sufficiently, he suddenly +mounted Gloucester's horse and called to his attendants, that he had +long enough enjoyed the pleasure of their company, and now bid them +adieu. They followed him for some time, without being able to +overtake him; and the appearance of Mortimer with his company put an +end to their pursuit. +[FN [g] Chron. T. Wykes, p. 67. Ann. Waverl. p. 218. W. Heming. p. +585. Chron. Dunst. vol. i. p. 383, 384.] + +The royalists, secretly prepared for this event, immediately flew to +arms; and the joy of this gallant prince's deliverance, the +oppressions under which the nation laboured, the expectation of a new +scene of affairs, and the countenance of the Earl of Gloucester, +procured Edward an army which Leicester was utterly unable to +withstand. This nobleman found himself in a remote quarter of the +kingdom, surrounded by his enemies, barred from all communication with +his friends by the Severn, whose bridges Edward had broken down, and +obliged to fight the cause of his party under these multiplied +disadvantages. In this extremity he wrote to his son, Simon de +Montfort, to hasten from London with an army for his relief; and Simon +had advanced to Kenilworth with that view, where, fancying that all +Edward's force and attention were directed against his father, he lay +secure and unguarded. But the prince, making a sudden and forced +march, surprised him in his camp, dispersed his army, and took the +Earl of Oxford and many other noblemen prisoners, almost without +resistance. Leicester, ignorant of his son 's fate, passed the Severn +in boats during Edward's absence, and lay at Evesham, in expectation +of being every hour joined by his friends from London; when the +prince, who availed himself of every favourable moment, appeared in +the field before him. [MN Battle of Evesham and death of Leicester. +4th Aug.] Edward made a body of his troops advance from the road +which led to Kenilworth, and ordered them to carry the banners taken +from Simon's army; while he himself, making a circuit with the rest of +his forces, purposed to attack the enemy on the other quarter. +Leicester was long deceived by this stratagem, and took one division +of Edward's army for his friends; but at last, perceiving his mistake, +and observing the great superiority and excellent disposition of the +royalists, he exclaimed that they had learned from him the art of war, +adding, "The Lord have mercy on our souls, for I see our bodies are +the prince's!" The battle immediately began, though on very unequal +terms. Leicester's army, by living on the mountains of Wales without +bread, which was not then much used among the inhabitants, had been +extremely weakened by sickness and desertion, and was soon broken by +the victorious royalists; while his Welsh allies, accustomed only to a +desultory kind of war, immediately took to flight, and were pursued +with great slaughter. Leicester himself; asking for quarter, was +slain in the heat of the action, with his eldest son Henry, Hugh le +Despenser, and about one hundred and sixty knights, and many other +gentlemen of his party. The old king had been purposely placed by the +rebels in the front of the battle; and being clad in armour, and +thereby not known by his friends, he received a wound, and was in +danger of his life; but crying out, I AM HENRY OF WINCHESTER, YOUR +KING, he was saved, and put in a place of safety by his son, who flew +to his rescue. + +The violence, ingratitude, tyranny, rapacity, and treachery of the +Earl of Leicester, give a very bad idea of his moral character, and +make us regard his death as the most fortunate event which, in this +conjuncture, could have happened to the English nation; yet must we +allow the man to have possessed great abilities, and the appearance of +great virtues, who, though a stranger, could at a time when strangers +were the most odious, and the most universally decried, have acquired +so extensive an interest in the kingdom, and have so nearly paved his +way to the throne itself. His military capacity and his political +craft were equally eminent: he possessed the talents both of governing +men and conducting business: and though his ambition was boundless, it +seems neither to have exceeded his courage nor his genius; and he had +the happiness of making the low populace, as well as the haughty +barons, co-operate towards the success of his selfish and dangerous +purposes. A prince of greater abilities and vigour than Henry, might +have directed the talents of this nobleman either to the exaltation of +his throne, or to the good of his people: but the advantages given to +Leicester by the weak and variable administration of the king, brought +on the ruin of royal authority, and produced great confusions in the +kingdom, which however, in the end, preserved and extremely improved +national liberty and the constitution. His popularity, even after his +death, continued so great, that though he was excommunicated by Rome, +the people believed him to be a saint; and many miracles were said to +be wrought upon his tomb [h]. +[FN [h] Chron. de Mailr. p. 232.] + +[MN Settlement of the government.] +The victory of Evesham, with the death of Leicester, proved decisive +in favour of the royalists, and made an equal, though an opposite, +impression on friends and enemies in every part of England. The King +of the Romans recovered his liberty: the other prisoners of the royal +party were not only freed, but courted by their keepers: Fitz-Richard, +the seditious Mayor of London, who had marked out forty of the most +wealthy citizens for slaughter, immediately stopped his hand on +receiving intelligence of this great event: and almost all the +castles, garrisoned by the barons, hastened to make their submissions, +and to open their gates to the king. The isle of Axholme alone, and +that of Ely, trusting to the strength of their situation, ventured to +make resistance; but were at last reduced, as well as the castle of +Dover, by the valour and activity of Prince Edward [i]. [MN 1266.] +Adam de Gourdon, a courageous baron, maintained himself during some +time in the forests of Hampshire, committed depredations in the +neighbourhood, and obliged the prince to lead a body of troops into +that county against him. Edward attacked the camp of the rebels; and +being transported by the ardour of battle, leaped over the trench with +a few followers, and encountered Gourdon in single combat. The +victory was long disputed between these valiant combatants; but ended +at last in the prince's favour, who wounded his antagonist, threw him +from his horse, and took him prisoner. He not only gave him his life, +but introduced him that very night to the queen at Guildford, procured +him his pardon, restored him to his estate, received him into favour, +and was ever after faithfully served by him [k]. +[FN [i] M. Paris, p. 676. W. Heming, p. 588. [k] M. Paris, p. 675.] + +A total victory of the sovereign over so extensive a rebellion +commonly produces a revolution of government, and strengthens as well +as enlarges, for some time, the prerogatives of the crown: yet no +sacrifices of national liberty were made on this occasion; the great +charter remained still inviolate; and the king, sensible that his own +barons, by whose assistance alone he had prevailed, were no less +jealous of their independence than the other party, seems thenceforth +to have more carefully abstained from all those exertions of power +which had afforded so plausible a pretence to the rebels. The +clemency of this victory is also remarkable: no blood was shed on the +scaffold: no attainders, except of the Montfort family, were carried +into execution: and though a Parliament, assembled at Winchester, +attainted all those who had borne arms against the king, easy +compositions were made with them for their lands [1]; and the highest +sum levied on the most obnoxious offenders exceeded not five years' +rent of their estate. Even the Earl of Derby, who again rebelled, +after having been pardoned and restored to his fortune, was obliged to +pay only seven years' rent, and was a second time restored. The mild +disposition of the king, and the prudence of the prince, tempered the +insolence of victory, and gradually restored order to the several +members of the state, disjointed by so long a continuance of civil +wars and commotions. +[FN [l] Id. ibid.] + +The city of London, which had carried farthest the rage and animosity +against the king, and which seemed determined to stand upon its +defence after almost all the kingdom had submitted, was, after some +interval, restored to most of its liberties and privileges; and +Fitz-Richard the mayor, who had been guilty of so much illegal +violence, was only punished by fine and imprisonment. The Countess of +Leicester, the king's sister, who had been extremely forward in all +attacks on the royal family, was dismissed the kingdom with her two +sons, Simon and Guy, who proved very ungrateful for this lenity. Five +years afterwards, they assassinated, at Viterbo in Italy, their cousin +Henry d'Allmaine, who at that very time was endeavouring to make their +peace with the king; and by taking sanctuary in the church of the +Franciscans, they escaped the punishment due to so great an enormity +[m]. +[FN [m] Rymer, vol. i. p. 879. vol. ii. p. 4, 5. Chron. T. Wykes, p. +94. W. Heming. p. 589. Trivet, p. 240.] + +[MN 1267.] The merits of the Earl of Gloucester, after he returned to +his allegiance, had been so great in restoring the prince to his +liberty, and assisting him in his victories against the rebellious +barons, that it was almost impossible to content him in his demands; +and his youth and temerity, as well as his great power, tempted him, +on some new disgust, to raise again the flames of rebellion in the +kingdom. The mutinous populace of London, at his instigation, took to +arms; and the prince was obliged to levy an army of thirty thousand +men in order to suppress them. Even this second rebellion did not +provoke the king to any act of cruelty; and the Earl of Gloucester +himself escaped with total impunity. He was only obliged to enter +into a bond of twenty thousand marks, that he should never again be +guilty of rebellion: a strange method of enforcing the laws, and a +proof of the dangerous independence of the barons in those ages! +These potent nobles were, from the danger of the precedent, averse to +the execution of the laws of forfeiture and felony against any of +their fellows; though they could not, with a good grace, refuse to +concur in obliging them to fulfil any voluntary contract and +engagement into which they had entered. + +[MN 1270.] The prince, finding the state of the kingdom tolerably +composed, was seduced, by his avidity for glory and by the prejudices +of the age, as well as by the earnest solicitations of the King of +France, to undertake an expedition against the infidels in the Holy +Land [n]; and he endeavoured previously to settle the state in such a +manner as to dread no bad effects from his absence. As the formidable +power and turbulent disposition of the Earl of Gloucester gave him +apprehensions, he insisted on carrying him along with him, in +consequence of a vow which that nobleman had made to undertake the +same voyage: in the mean time, he obliged him to resign some of his +castles, and to enter into a new bond not to disturb the peace of the +kingdom [o]. He sailed from England with an army, and arrived in +Lewis's camp before Tunis in Africa, where he found that monarch +already dead from the intemperance of the climate and the fatigues of +his enterprise. The great, if not only, weakness of this prince in +his government, was the imprudent passion for crusades; but it was his +zeal chiefly that procured him from the clergy the title of St. Lewis, +by which he is known in the French history; and if that appellation +had not been so extremely prostituted, as to become rather a term of +reproach, he seems by his uniform probity and goodness, as well as his +piety, to have fully merited the title. He was succeeded by his son +Philip, denominated the Hardy; a prince of some merit, though much +inferior to that of his father. +[FN [n] M. Paris, p. 677. [o] Chron. T. Wykes, p. 90.] + +[MN 1271.] Prince Edward, not discouraged by this event, continued +his voyage to the Holy Land, where he signalized himself by acts of +valour; revived the glory of the English name in those parts; and +struck such terror into the Saracens, that they employed an assassin +to murder him, who wounded him in the arm, but perished in the attempt +[p]. Meanwhile, his absence from England was attended with many of +those pernicious consequences which had been dreaded from it. The +laws were not executed: the barons oppressed the common people with +impunity [q]: they gave shelter on their estates to bands of robbers, +whom they employed in committing ravages on the estates of their +enemies: the populace of London returned to their usual +licentiousness: and the old king, unequal to the burden of public +affairs, called aloud for his gallant son to return [r], and to assist +him in swaying that sceptre which was ready to drop from his feeble +and irresolute hands. [MN 1272. 16th Nov. Death,] At last, +overcome by the cares of government and the infirmities of age, he +visibly declined, and he expired at St. Edmondsbury, in the +sixty-fourth year of his age, and fifty-sixth of his reign; the +longest reign that is to be met with in the English annals. His +brother, the King of the Romans, (for he never attained the title of +Emperor,) died about seven months before him. +[FN [p] M. Paris, p. 678, 679. W. Heming. p. 520. [q] Chron. Dunst. +vol. i. p. 404. [r] Rymer, vol. i. p. 869. M. Paris, p. 678.] + +[MN and character of the king.] The most obvious circumstance of +Henry's character is his incapacity for government, which rendered him +as much a prisoner in the hands of his own ministers and favourites, +and as little at his own disposal, as when detained a captive in the +hands of his enemies. From this source, rather than from insincerity +or treachery, arose his negligence in observing his promises; and he +was too easily induced, for the sake of present convenience, to +sacrifice the lasting advantages arising from the trust and confidence +of his people. Hence too were derived his profusion to favourites, +his attachment to strangers, the variableness of his conduct, his +hasty resentments, and his sudden forgiveness and return of affection. +Instead of reducing the dangerous power of his nobles, by obliging +them to observe the laws towards their inferiors, and setting them the +salutary example in his own government, he was seduced to imitate +their conduct, and to make his arbitrary will, or rather that of his +ministers, the rule of his actions. Instead of accommodating himself, +by a strict frugality, to the embarrassed situation in which his +revenue had been left by the military expeditions of his uncle, the +dissipations of his father, and the usurpations of the barons; he was +tempted to levy money by irregular exactions, which, without enriching +himself, impoverished, at least disgusted, his people. Of all men, +nature seemed least to have fitted him for being a tyrant; yet there +are instances of oppression in his reign, which, though derived from +the precedents left him by his predecessors, had been carefully +guarded against by the great charter, and are inconsistent with all +rules of good government. And on the whole, we may say, that greater +abilities, with his good dispositions, would have prevented him from +falling into his faults; or, with worse dispositions, would have +enabled him to maintain and defend them. + +This prince was noted for his piety and devotion, and his regular +attendance on public worship; and a saying of his on that head is much +celebrated by ancient writers. He was engaged in a dispute with Lewis +IX. of France, concerning the preference between sermons and masses: +he maintained the superiority of the latter, and affirmed that he +would rather have one hour's conversation with a friend, than hear +twenty of the most elaborate discourses pronounced in his praise [s]. +[FN [s] Walsing. Edw. I. p. 43.] + +Henry left two sons, Edward, his successor, and Edmond, Earl of +Lancaster; and two daughters, Margaret, Queen of Scotland, and +Beatrix, Duchess of Britany. He had five other children, who died in +their infancy. + +[MN Miscellaneous transactions of the reign.] +The following are the most remarkable laws enacted during this reign. +There had been great disputes between the civil and ecclesiastical +courts concerning bastardy. The common law had deemed all those to be +bastards who were born before wedlock; by the canon law they were +legitimate: and when any dispute of inheritance arose, it had formerly +been usual for the civil courts to issue writs to the spiritual, +directing them to inquire into the legitimacy of the person. The +bishop always returned an answer agreeable to the canon law, though +contrary to the municipal law of the kingdom. For this reason the +civil courts had changed the terms of their writ; and instead of +requiring the spiritual courts to make inquisition concerning the +legitimacy of the person, they only proposed the simple question of +fact, whether he were born, before or after wedlock? The prelates +complained of this practice to the Parliament assembled at Merton in +the twentieth of this king, and desired that the municipal law might +be rendered conformable to the canon; but received from all the +nobility the memorable reply, NOLUMUS LEGES ANGLIAE MUTARE! We will +not change the laws of England [t]. +[FN [t] Statute of Merton, chap. 9.] + +After the civil wars, the Parliament, summoned at Marlebridge, gave +their approbation to most of the ordinances which had been established +by the reforming barons, and which, though advantageous to the +security of the people, had not received the sanction of a legal +authority. Among other laws, it was there enacted, that all appeals +from the courts of inferior lords should be carried directly to the +king's courts without passing through the courts of the lords +immediately superior [u]. It was ordained that money should bear no +interest during the minority of the debtor [w]. This law was +reasonable, as the estates of minors were always in the hands of their +lords, and the debtors could not pay interest where they had no +revenue. The charter of King John had granted this indulgence: it was +omitted in that of Henry III., for what reason is not known; but it +was renewed by the statute of Marlebridge. Most of the other articles +of this statute are calculated to restrain the oppressions of +sheriffs, and the violence and iniquities committed in distraining +cattle and other goods. Cattle and the instruments of husbandry +formed at that time the chief riches of the people. +[FN [u] Statute of Marleb. chap. 20. [w] Ibid. chap. 16.] + +In the thirty-fifth year of this king an assize was fixed of bread, +the price of which was settled, according to the different prices of +corn, from one shilling a quarter to seven shillings and sixpence [x], +money of that age. These great variations are alone a proof of bad +tillage [y]: yet did the prices often rise much higher than any taken +notice of by the statute. The Chronicle of Dunstable tells us, that, +in this reign, wheat was once sold for a mark, nay, for a pound, a +quarter, that is, three pounds of our present money [z]. The same law +affords us a proof of the little communication between the parts of +the kingdom, from the very different prices which the same commodity +bore at the same time. A brewer, says the statute, may sell two +gallons of ale for a penny in cities, and three or four gallons for +the same price in the country. At present, such commodities, by the +great consumption of the people, and the great stocks of the brewers, +are rather cheapest in cities. The Chronicle above mentioned +observes, that wheat one year was sold in many places for eight +shillings a quarter, but never rose in Dunstable above a crown. +[FN [x] Statutes at Large, p. 6. [y] We learn from Cicero's Orations +against Verres, lib. 3, cap. 84, 92, that the price of corn in Sicily +was, during the praetorship of Sacerdos, five Denarii a Modius; during +that of Verres, which immediately succeeded, only two Sesterces; that +is, ten times lower; a presumption, or rather a proof, of the very bad +state of tillage in ancient times. [z] Knyghton, p. 2444.] + +Though commerce was still very low, it seems rather to have increased +since the Conquest; at least if we may judge of the increase of money +by the price of corn. The medium between the highest and lowest +prices of wheat, assigned by the statute, is four shillings and three +pence a quarter, that is, twelve shillings and nine pence of our +present money. This is near half of the middling price in our time. +Yet the middling price of cattle, so late as the reign of King +Richard, we find to be above eight, near ten times lower than the +present. Is not this the true inference, from comparing these facts, +that, in all uncivilized nations, cattle, which propagate of +themselves, bear always a lower price than corn, which requires more +art and stock to render it plentiful than those nations are possessed +of? It is to be remarked that Henry's assize of corn was copied from +a preceding assize established by King John; consequently, the prices +which we have here compared of corn and cattle may be looked on as +contemporary; and they were drawn, not from one particular year, but +from an estimation of the middling prices for a series of years. It +is true, the prices assigned by the assize of Richard were meant as a +standard for the accompts of sheriffs and escheators; and as +considerable profits were allowed to these ministers, we may naturally +suppose, that the common value of cattle was somewhat higher: yet +still, so great a difference between the prices of corn and cattle as +that of four to one, compared to the present rates, affords important +reflections concerning the very different state of industry and +tillage in the two periods. + +Interest had in that age amounted to an enormous height, as might be +expected from the barbarism of the times and men's ignorance of +commerce. Instances occur of fifty per cent paid for money [a]. +There is an edict of Philip Augustus near this period, limiting the +Jews in France to forty-eight per cent [b]. Such profits tempted the +Jews to remain in the kingdom, notwithstanding the grievous +oppressions to which, from the prevalent bigotry and rapine of the +age, they were continually exposed. It is easy to imagine how +precarious their state must have been under an indigent prince, +somewhat restrained in his tyranny over his native subjects, but who +possessed an unlimited authority over the Jews, the sole proprietors +of money in the kingdom, and hated, on account of their riches, their +religion, and their usury: yet will our ideas scarcely come up to the +extortions which, in fact, we find to have been practised upon them. +In the year 1241, twenty thousand marks were exacted from them [c]: +two years after money was again extorted; and one Jew alone, Aaron of +York, was obliged to pay above four thousand marks [d]. In 1250, +Henry renewed his oppressions; and the same Aaron was condemned to pay +him thirty thousand marks upon an accusation of forgery [e]: the high +penalty imposed upon him, and which, it seems, he was thought able to +pay, is rather a presumption of his innocence than of his guilt. In +1255, the king demanded eight thousand marks from the Jews, and +threatened to hang them if they refused compliance. They now lost all +patience, and desired leave to retire with their effects out of the +kingdom. But the king replied: "How can I remedy the oppressions you +complain of? I am myself a beggar. I am spoiled, I am stripped of +all my revenues: I owe above two hundred thousand marks; and if I had +said three hundred thousand, I should not exceed the truth: I am +obliged to pay my son, Prince Edward, fifteen thousand marks a year: I +have not a farthing; and I must have money, from any hand, from any +quarter, or by any means." He then delivered over the Jews to the +Earl of Cornwall, that those whom the one brother had flayed, the +other might embowel, to make use of the words of the historian [f]. +King John, his father, once demanded ten thousand marks from a Jew of +Bristol; and on his refusal, ordered one of his teeth to be drawn +every day till he should comply. The Jew lost seven teeth, and then +paid the sum required of him [g]. One talliage paid upon the Jews in +1243 amounted to sixty thousand marks [h]; a sum equal to the whole +yearly revenue of the crown. +[FN [a] M. Paris, p. 586. [b] Brussel, Traité des Fiefs, vol. i. p. +576 [c] M. Paris, p. 372. [d] Ibid. p. 410. [e] Ibid. p. 525. [f] +M. Paris, p. 606. [g] Ibid. p. 160. [h] Madox, p. 152.] + +To give a better pretence for extortions, the improbable and absurd +accusation, which has been at different times advanced against that +nation, was revived in England, that they had crucified a child in +derision of the sufferings of Christ. Eighteen of them were hanged at +once for this crime [i]: though it is nowise credible, that even the +antipathy borne them by the Christians, and the oppressions under +which they laboured, would ever have pushed them to be guilty of that +dangerous enormity. But it is natural to imagine, that a race, +exposed to such insults and indignities, both from king and people, +and who had so uncertain an enjoyment of their riches, would carry +usury to the utmost extremity, and by their great profits make +themselves some compensation for their continual perils. +[FN [i] M. Paris, p. 613.] + +Though these acts of violence against the Jews proceeded much from +bigotry, they were still more derived from avidity and rapine. So far +from desiring in that age to convert them, it was enacted by law in +France, that if any Jew embraced Christianity, he forfeited all his +goods, without exception, to the king, or his superior lord. These +plunderers were careful, lest the profits, accruing from their +dominion over that unhappy race, should be diminished by their +conversion [k]. +[FN [k] Brussel, vol. i. p. 622. Du Cange, verbo JUDAEI.] + +Commerce must be in a wretched condition, where interest was so high, +and where the sole proprietors of money employed it in usury only, and +were exposed to such extortion and injustice. But the bad police of +the country was another obstacle to improvements; and rendered all +communication dangerous, and all property precarious. The Chronicle +of Dunstable says [l], that men were never secure in the houses, and +that whole villages were often plundered by bands of robbers, though +no civil wars at that time prevailed in the kingdom. In 1249, some +years before the insurrection of the barons, two merchants of Brabant +came to the king at Winchester, and told him that they had been +spoiled of all their goods by certain robbers, whom they knew, because +they saw their faces every day in his court; that like practices +prevailed all over England, and travellers were continually exposed to +the danger of being robbed, bound, wounded, and murdered; that these +crimes escaped with impunity, because the ministers of justice +themselves were in a confederacy was the robbers; and that they, for +their part, instead of bringing matters to a fruitless trial by law, +were willing, though merchants, to decide their cause with the robbers +by arms and a duel. The king, provoked at these abuses, ordered a +jury to be enclosed, and to try the robbers: the jury, though +consisting of twelve men of property in Hampshire, were found to be +also in a confederacy with the felons, and acquitted them. Henry, in +a rage, committed the jury to prison, threatened them with a severe +punishment, and ordered a new jury to be enclosed, who, dreading the +fate of their fellows, at last found a verdict against the criminals. +Many of the king's own household were discovered to have participated +in the guilt; and they said for their excuse, that they received no +wages from him, and were obliged to rob for a maintenance [m]. +KNIGHTS AND ESQUIRES, says the Dictum of Kenilworth, WHO WERE ROBBERS, +IF THEY HAVE NO LAND, SHALL PAY THE HALF OF THEIR GOODS, AND FIND +SUFFICIENT SECURITY TO KEEP HENCEFORTH THE PEACE OF THE KINGDOM. Such +were the matters of the times! +[FN [1] Vol. i. p. 155. [m] M. Paris, p. 509.] + +One can the less repine, during the prevalence of such manners, at the +frauds and forgeries of the clergy; as it gives less disturbance to +society, to take men's money from them with their own consent, though +by deceits and lies, than to ravish it by open force and violence. +During this reign the papal power was at its summit, and was even +beginning insensibly to decline, by reason of the immeasurable avarice +and extortions of the court of Rome, which disgusted the clergy as +well as laity, in every kingdom of Europe. England itself, though +sunk in the deepest abyss of ignorance and superstition, had seriously +entertained thoughts of shaking off the papal yoke [n]; and the Roman +pontiff was obliged to think of new expedients for riveting it faster +upon the Christian world. For this purpose, Gregory IX. published his +decretals [o], which are a collection of forgeries, favourable to the +court of Rome, and consist of the supposed decrees of popes in the +first centuries. But these forgeries are so gross, and confound so +palpably all language, history, chronology, and antiquities, matters +more stubborn than any speculative truths whatsoever, that even that +church, which is not startled at the most monstrous contradictions and +absurdities, has been obliged to abandon them to the critics. But in +the dark period of the thirteenth century they passed for undisputed +and authentic; and men, entangled in the mazes of this false +literature, joined to the philosophy, equally false, of the times, had +nothing wherewithal to defend themselves, but some small remains of +common sense, which passed for profaneness and impiety, and the +indelible regard to self-interest, which, as it was the sole motive in +the priests for framing these impostures, served also, in some degree, +to protect the laity against them. +[FN [n] M. Paris, p. 421. [o] Trivet, p. 191.] + +Another expedient, devised by the church of Rome, in this period, for +securing her power, was the institution of new religious orders, +chiefly the Dominicans and Franciscans, who proceeded with all the +zeal and success that attend novelties; were better qualified to gain +the populace than the old orders, now become rich and indolent; +maintained a perpetual rivalship with each other in promoting their +gainful superstitions; and acquired a great dominion over the minds, +and, consequently, over the purses of men, by pretending a desire of +poverty and a contempt for riches. The quarrels which arose between +these orders, lying still under the control of the sovereign pontiff, +never disturbed the peace of the church, and served only as a spur to +their industry in promoting the common cause; and though the +Dominicans lost some popularity by their denial of the immaculate +conception, a point in which they unwarily engaged too far to be able +to recede with honour, they counterbalanced this disadvantage, by +acquiring more solid establishments, by gaining the confidence of +kings and princes, and by exercising the jurisdiction assigned them, +of ultimate judges and punishers of heresy. Thus, the several orders +of monks became a kind of regular troops or garrisons of the Romish +church; and though the temporal interests of society, still more the +cause of true piety, were hurt, by their various devices to captivate +the populace, they proved the chief supports of that mighty fabric of +superstition, and till the revival of true learning, secured it from +any dangerous invasion. + +The trial by ordeal was abolished in this reign by order of council: a +faint mark of improvement in the age [p]. +[FN [p] Rymer, vol. i. p. 228. Spellman, p. 326.] + +Henry granted a charter to the town of Newcastle, in which he gave the +inhabitants a licence to dig coal. This is the first mention of coal +in England. + +We learn from Madox [q], that this king gave, at one time, one hundred +shillings to master Henry, his poet: also the same year he orders this +poet ten pounds. +[FN [q] Page 268.] + +It appears from Selden, that, in the forty-seventh of his reign, a +hundred and fifty temporal, and fifty spiritual barons were summoned +to perform the service due by their tenures [r]. In the thirty-fifth +of the subsequent reign, eighty-six temporal barons, twenty bishops, +and forty-eight abbots, were summoned to a Parliament convened at +Carlisle [s]. +[FN [r] Titles of Honour, part ii. Chap. 3. [s] Parl. Hist. vol. i. +p. 151.] + + + + +NOTES. + + + +NOTE [A] + +This question has been disputed with as great zeal and even acrimony, +between the Scotch and Irish antiquaries, as if the honour of their +respective countries were the most deeply concerned in the decision. +We shall not enter into any detail on so uninteresting a subject, but +shall propose our opinion in a few words. It appears more than +probable, from the similitude of language and manners, that Britain +either was originally peopled, or was subdued, by the migration of +inhabitants from Gaul, and Ireland from Britain: the position of the +several countries is an additional reason that favours this +conclusion. It appears also probable, that the migration of that +colony of Gauls or Celts, who peopled or subdued Ireland, was +originally made from the north-west parts of Britain; and this +conjecture (if it do not merit a higher name) is founded both on the +Irish language, which is a very different dialect from the Welsh, and +from the language anciently spoken in South Britain; and on the +vicinity of Lancashire, Cumberland, Galloway, and Argyleshire, to that +island. These events, as they passed long before the age of history +and records, must be known by reasoning alone, which in this case +seems to be pretty satisfactory: Caesar and Tacitus, not to mention a +multitude of other Greek and Roman authors, were guided by like +inferences. But besides these primitive facts, which lie in a very +remote antiquity, it is a matter of positive and undoubted testimony, +that the Roman province of Britain, during the time of the lower +empire, was much infested by bands of robbers or pirates, whom the +provincial Britons called Scots or Scuits; a name which was probably +used as a term of reproach, and which these banditti themselves did +not acknowledge or assume. We may infer from two passages in +Claudian, and from one in Orosius, and another in Isidore, that the +chief seat of these Scots was in Ireland. That some part of the Irish +freebooters migrated back to the north-west parts of Britain, whence +their ancestors had probably been derived in a more remote age, is +positively asserted by Bede, and implied in Gildas. I grant that +neither Bede nor Gildas are Caesars or Tacituses; but such as they +are, they remain the sole testimony on the subject, and therefore must +be relied on for want of better: happily, the frivolousness of the +question corresponds to the weakness of the authorities. Not to +mention, that if any part of the traditional history of a barbarous +people can be relied on, it is the genealogy of nations, and even +sometimes that of families. It is in vain to argue against these +facts from the supposed warlike disposition of the Highlanders, and +unwarlike of the ancient Irish. Those arguments are still much weaker +than the authorities. Nations change very quickly in these +particulars. The Britons were unable to resist the Picts and Scots, +and invited over the Saxons for their defence, who repelled those +invaders: yet the same Britons valiantly resisted for one hundred and +fifty years, not only this victorious band of Saxons, but infinite +numbers more, who poured in upon them from all quarters. Robert +Bruce, in 1322, made a peace, in which England, after many defeats, +was constrained to acknowledge the independence of his country: yet in +no more distant period than ten years after, Scotland was totally +subdued by a small handful of English, led by a few private noblemen. +All history is full of such events. The Irish Scots, in the course of +two or three centuries, might find time and opportunities sufficient +to settle in North Britain, though we can neither assign the period +nor causes of that revolution. Their barbarous manner of life +rendered them much fitter than the Romans for subduing these +mountaineers. And, in a word, it is clear from the language of the +two countries, that the Highlanders and the Irish are the same people, +and that the one are a colony from the other. We have positive +evidence which, though from neutral persons, is not perhaps the best +that may be wished for, that the former, in the third or fourth +century, sprang from the latter: we have no evidence at all that the +latter sprang from the former. I shall add, that the name of Erse or +Irish given by the low-country Scotch to the language of the Scotch +Highlanders, is a certain proof of the traditional opinion delivered +from father to son, that the latter people came originally from +Ireland. + + +NOTE [B] + +There is a seeming contradiction in ancient historians with regard to +some circumstances in the story of Edwy and Elgiva. It is agreed that +this prince had a violent passion for his second or third cousin, +Elgiva, whom he married, though within the degrees prohibited by the +canons. It is also agreed, that he was dragged from a lady on the day +of his coronation, and that the lady was afterwards treated with the +singular barbarity above mentioned. The only difference is, that +Osberne and some others call her his strumpet, not his wife, as she is +said to be by Malmesbury. But this difference is easily reconciled; +for if Edwy married her contrary to the canons, the monks would be +sure to deny her to be his wife, and would insist that she could be +nothing but his strumpet; to that, on the whole, we may esteem this +representation of the matter as certain, at least, as by far the most +probable. If Edwy had only kept a mistress, it is well known that +there are methods of accommodation with the church, which would have +prevented the clergy from proceeding to such extremities against him: +but his marriage contrary to the canons, was an insult on their +authority, and called for their highest resentment. + + +NOTE [C] + +Many of the English historians make Edgar's ships amount to an +extravagant number, to three thousand, or three thousand six hundred: +see Hoveden, p. 426. Flor. Wigorn. p. 607. Abbas Rieval. p. 360. +Brompton, p. 869, says, that Edgar had four thousand vessels. How can +these accounts be reconciled to probability, and to the state of the +navy in the time of Alfred? W. Thorne makes the whole number amount +only to three hundred, which is more probable. The fleet of Ethelred, +Edgar's son, must have been short of one thousand ships; yet the Saxon +Chronicle, p. 137, says, it was the greatest navy that ever had been +seen in England. + + +NOTE [D] + +Almost all the ancient historians speak of this massacre of the Danes +as if it had been universal, and as if every individual of that nation +throughout England had been put to death. But the Danes were almost +the sole inhabitants in the kingdoms of Northumberland and East- +Anglia, and were very numerous in Mercia. This representation, +therefore, of the matter is absolutely impossible. Great resistance +must have been made, and violent wars ensued; which was not the case. +This account given by Wallingford, though he stands single, must he +admitted as the only true one. We are told that the name LURDANE, +LORD DANE, for an idle lazy fellow, who lives at other people's +expense, came from the conduct of the Danes, who were put to death. +But the English princes had been entirely masters for several +generations; and only supported a military corps of that nation. It +seems probable, therefore, that it was these Danes only that were put +to death. + + +NOTE [E] + +The ingenious author of the article GODWIN, in the Biographia +Britannica, has endeavoured to clear the memory of that nobleman, upon +the supposition, that all the English annals had been falsified by the +Norman historians after the Conquest. But that this supposition has +not much foundation, appears hence, that almost all these historians +have given a very good character to his son Harold, whom it was much +more the interest of the Norman cause to blacken. + + +NOTE [F] + +The whole story of the transactions between Edward, Harold, and the +Duke of Normandy, is told so differently by the ancient writers, that +there are few important passages of the English history liable to so +great uncertainty. I have followed the account which appeared to me +the most consistent and probable. It does not seem likely, that +Edward ever executed a will in the duke's favour, much less that he +got it ratified by the states of the kingdom, as is affirmed by some. +The will would have been known to all, and would have been produced by +the Conqueror, to whom it gave so plausible, and really so just a +title; but the doubtful and ambiguous manner in which he seems always +to have mentioned it, proves that he could only plead the known +intentions of that monarch in his favour, which he was desirous to +call a will. There is indeed a charter of the Conqueror preserved by +Dr. Hickes, vol. i., where he calls himself REX HEREDITARIUS, meaning +heir by will; but a prince possessed of so much power, and attended +with so much success, may employ what pretence he pleases: it is +sufficient to refute his pretences, to observe that there is a great +difference and variation among historians, with regard to a point +which, had it been real, must have been agreed upon by all of them. + +Again, some historians, particularly Malmesbury and Matthew of +Westminster, affirm that Harold had no intention of going over to +Normandy, but, that taking the air in a pleasure boat on the coast, he +was driven over, by stress of weather, to the territories of Guy, +Count of Ponthieu: but besides that this story is not probable in +itself, and is contradicted by most of the ancient historians, it is +contradicted by a very curious and authentic monument lately +discovered. It is a tapestry, preserved in the ducal palace of Rouen, +and supposed to have been wrought by orders of Matilda, wife to the +emperor: at least it is of very great antiquity. Harold is there +represented as taking his departure from King Edward in execution of +some commission, and mounting his vessel with a great train. The +design of redeeming his brother and nephew, who were hostages, is the +most likely cause that can be assigned; and is accordingly mentioned +by Eadmer, Hoveden, Brompton, and Simeon of Durham. For a farther +account of this piece of tapestry, see Histoire de l'Academie de +Littérature, tom. ix. p. 535. + + +NOTE [G] + +It appears from the ancient translations of the Saxon annals and laws, +and from King Alfred's translation of Bede, as well as from all the +ancient historians, that COMES in Latin, ALDERMAN in Saxon, and EARL +in Dano-Saxon, were quite synonymous. There is only a clause in a law +of King Athelstan's (see Spellm. Conc. p. 406) which has stumbled some +antiquaries, and has made them imagine that an earl was superior to an +alderman. The weregild, or the price of an earl's blood, is there +fixed at fifteen thousand thrimsas, equal to that of an archbishop; +whereas that of a bishop and alderman is only eight thousand thrimsas. +To solve this difficulty we must have recourse to Selden's conjecture, +(see his Titles of Honour, chap. v. p. 603, 604,) that the term of +earl was in the age of Athelstan just beginning to be in use in +England, and stood at that time for the atheling or prince of the +blood, heir to the crown. This he confirms by a law of Canute, Sec. +55, where an atheling and an archbishop are put upon the same footing. +In another law of the same Athelstan, the weregild of the prince, or +atheling, is said to be fifteen thousand thrimsas. See Wilkins, p. +71. He is therefore the same who is called earl in the former law. + + +NOTE [H] + +There is a paper or record of the family of Sharneborn, which +pretends, that that family, which was Saxon, was restored upon proving +their innocence, as well as other Saxon families which were in the +same situation. Though this paper was able to impose on such great +antiquaries as Spellman (see Gloss. in verbo DRENGES) and Dugdale, +(see Baron. vol. i. p. 118,) it is proved by Dr. Brady (see Answ. to +Petyt, p. 11, 12) to have been a forgery; and is allowed as such by +Tyrrel, though a pertinacious defender of his party notions (see his +Hist. vol. ii. introd. p. 51, 73). Ingulf, p. 70, tells us, that very +early, Hereward, though absent during the time of the Conquest, was +turned out of all his estate, and could not obtain redress. William +even plundered the monasteries. Flor. Wigorn. p. 636. Chron. Abb. +St. Petri de Burgo, p. 48. M. Paris, p. 5. Sim. Dun. p. 200. +Diceto, p. 482. Brompton, p. 967. Knyghton, p. 2344. Alur. Beverl. +p. 130. We are told by Ingulf, that Ivo de Taillebois plundered the +monastery of Croyland of a great part of its land, and no redress +could be obtained. + + +NOTE [I] + +The obliging of all the inhabitants to put out their fires and lights +at certain hours, upon the sounding of a bell called the COURFEU, is +represented by Polydore Vergil, lib. 9, as a mark of the servitude of +the English. But this was a law of police, which William had +previously established in Normandy. See Du Moulin, Hist. de +Normandie, p. 160. The same law had place in Scotland. LL. Burgor +cap. 86. + + +NOTE [K] + +What these laws were of Edward the Confessor, which the English, every +reign during a century and a half, desire so passionately to have +restored, is much disputed by antiquaries, and our ignorance of them +seems one of the greatest defects in the ancient English history. The +collection of laws in Wilkins, which pass under the name of Edward, +are plainly a posterior and an ignorant compilation. Those to be +found in Ingulf are genuine; but so imperfect, and contain so few +clauses favourable to the subject, that we see no great reason for +their contending for them so vehemently. It is probable, that the +English meant the COMMON LAW, as it prevailed during the reign of +Edward; which we may conjecture to have been more indulgent to liberty +than the Norman institutions. The most material articles of it were +afterwards comprehended in Magna Charta. + + +NOTE [L] + +Ingulf, p. 70. H. Hunt. p. 370, 372. M. West. p. 225. Gul. Neub. p. +357. Alured. Beverl. p. 124. De Gest. Angl. p. 333. M. Paris, p. 4. +Sim. Dun. p. 206. Brompton, p. 962, 980, 1161. Gervase Tilb. lib. i. +cap. 16. Textus Roffensis apud Seld. Spicileg. ad Eadm. p. 179. Gul. +Pict. p. 206. Ordericus Vitalis, p. 621, 666, 853. Epist. St. Thom. +p. 801. Gul. Malmes. p. 52, 57. Knyghton, p. 2354. Eadmer. p. 110. +Thom. Rudborne in Ang. Sacra, vol. i. p. 248. Monach. Roff. in Ang +Sacra, vol. ii. p. 276. Girald. Camb. in eadem, vol. ii. p. 413. +Hist Elyensis, p. 516. The words of this last historian, who is very +ancient, are remarkable and worth transcribing: "REX ITAQUE FACTUS +WILLIELMUS, QUID IN PRINCIPES ANGLORUM, QUI TANTAE CLADI SUPERESSE +POTERANT, FECERIT, DICERE, CUM NIHIL PROSIT, OMITTO. QUID ENIM +PRODESSET, SI NEC UNUM IN TOTO REGNO DE ILLIS DICEREM PRISTINA +POTESTATE UTI PERMISSUM, SED OMNES AUT IN GRAVEM PAUPERTATIS AERUMNAM +DETRUSOS, AUT EXHAEREDATOS, PATRIA PULSOS, AUT EFFOSSIS OCULIS, VEL +CAETERIS AMPUTATIS MEMBRIS OPPROBRIUM HOMINUM FACTOS, AUT CERTE +MISERRIME AFFLICTOS, VITA PRIVATOS? SIMILI MODO UTILITATE CARERE +EXISTIMO DICERE QUID IN MINOREM POPULUM, NON SOLUM AB EO, SED A SUIS +ACTUM SIT, CUM ID DICTU SCIAMUS DIFFICILE, ET OB IMMANEM CRUDELITATEM, +FORTASSIS INCREDIBILE." + + +NOTE [M] + +Henry, by the feudal customs, was entitled to levy a tax for the +marrying of his eldest daughter, and he exacted three shillings a hide +on all England. H. Hunt. p. 379. Some historians (Brady, p. 270, and +Tyrrel, vol. ii. p. 182) heedlessly make this sum amount to above +eight hundred thousand pounds of our present money: but it could not +exceed one hundred and thirty-five thousand. Five hides, sometimes +less, made a knight's fee, of which there were about sixty thousand in +England, consequently near three hundred thousand hides; and at the +rate of three shillings a hide, the sum would amount to forty-five +thousand pounds, or one hundred and thirty-five thousand of our +present money. See Rudborne, p. 257. In the Saxon times, there were +only computed two hundred and forty-three thousand six hundred hides +in England. + + +NOTE [N] + +The legates À LATERE, as they were called, were a kind of delegates +who possessed the full power of the pope in all the provinces +committed to their charge, and were very busy in extending as well as +exercising it. They nominated to all vacant benefices, assembled +synods, and were anxious to maintain ecclesiastical privileges, which +never could be fully protected without encroachments on the civil +power. If there were the least concurrence or opposition, it was +always supposed that the civil power was to give way: every deed which +had the least pretence of holding of any thing spiritual, as +marriages, testaments, promissory oaths, were brought into the +spiritual court, and could not be canvassed before a civil magistrate. +These were the established laws of the church; and where a legate was +sent immediately from Rome, he was sure to maintain the papal claims +with the utmost rigour: but it was an advantage to the king to have +the Archbishop of Canterbury appointed legate, because the connexions +of that prelate with the kingdom tended to moderate his measures. + + +NOTE [O] + +William of Newbridge, p. 383, (who is copied by later historians,) +asserts, that Geoffrey had some title to the counties of Maine and +Anjou. He pretends that Count Geoffrey, his father, had left him +these dominions by a secret will, and had ordered that his body should +not be buried, till Henry should swear to the observance of it, which +he, ignorant of the contents, was induced to do. But besides that +this story is not very likely in itself, and savours of monkish +fiction, it is found in no other ancient writer, and is contradicted +by some of them, particularly the monk of Marmoutier, who had better +opportunities than Newbridge of knowing the truth. See Vita Gauf. +Duc. Norman. p. 103. + + +NOTE [P] + +The sum scarcely appears credible, as it would amount to much above +half the rent of the whole land. Gervase is indeed a contemporary +author; but churchmen are often guilty of strange mistakes of that +nature, and are commonly but little acquainted with the public +revenues. This sum would make five hundred and forty thousand pounds +of our present money. The Norman Chronicle, p. 995, says that Henry +raised only sixty Angevin shillings on each knight's fee in his +foreign dominions: this is only a fourth of the sum which Gervase says +he levied on England; an inequality nowise probable. A nation may, by +degrees, be brought to bear a tax of fifteen shillings in the pound, +but a sudden and precarious tax can never be imposed to that amount, +without a very visible necessity, especially in an age so little +accustomed to taxes. In the succeeding reign the rent of a knight's +fee was computed at four pounds a year. There were sixty thousand +knights' fees in England. + + +NOTE [Q] + +Fitz-Stephens, p. 18. This conduct appears violent and arbitrary, but +was suitable to the strain of administration in those days. His +father Geoffrey, though represented as a mild prince, set him an +example of much greater violence. When Geoffrey was master of +Normandy, the chapter of sees presumed, without his consent, to +proceed to the election of a bishop; upon which be ordered all of +them, with the bishop elect, to be castrated, and made all their +testicles be brought him in a platter. Fitz-Steph. p. 44. In the war +of Toulouse, Henry laid a heavy and an arbitrary tax on all the +churches within his dominions. See Epist. St. Thom. p. 232. + + +NOTE [R] + +I follow here the narrative of Fitz-Stephens, who was secretary to +Becket; though, no doubt, he may be suspected of partiality towards +his patron. Lord Lyttleton chooses to follow the authority of a +manuscript letter, or rather manifesto, of Folliot, Bishop of London, +which is addressed to Becket himself, at the time when the bishop +appealed to the pope from the excommunication pronounced against him +by his primate. My reasons, why I give the preference to +Fitz-Stephens, are, (1.) If the friendship of Fitz-Stephens might +render him partial to Becket, even after the death of that prelate, +the declared enmity of the bishop must, during his lifetime, have +rendered him more partial on the other side. (2.) The bishop was +moved by interest, as well as enmity, to calumniate Becket. He had +himself to defend against the sentence of excommunication, dreadful to +all, especially to a prelate: and no more effectual means than to +throw all the blame on his adversary. (3.) He has actually been +guilty of palpable calumnies in that letter. Among these, I reckon +the following:--He affirms that, when Becket subscribed the +Constitutions of Clarendon, he said plainly to all the bishops of +England, "It is my master's pleasure that I should forswear myself, +and at present I submit to it, and do resolve to incur a perjury, and +repent afterwards as I may." However barbarous the times, and however +negligent zealous churchmen were then of morality, these are not words +which a primate of great sense, and of much seeming sanctity, would +employ in an assembly of his suffragans: he might act upon these +principles, but never surely would publicly avow them. Folliot also +says, that all the bishops were resolved obstinately to oppose the +Constitutions of Clarendon, but the primate himself betrayed them from +timidity, and led the way to their subscribing. This is contrary to +the testimony of all the historians, and directly contrary to Becket's +character, who surely was not destitute either of courage or of zeal +for ecclesiastical immunities. (4.) The violence and injustice of +Henry, ascribed to him by Fitz-Stephens, is of a piece with the rest +of the prosecution. Nothing could be more iniquitous, than, after two +years' silence, to make a sudden and unprepared demand upon Becket to +the amount of forty-four thousand marks, (equal to a sum of near a +million in our time,) and not allow him the least interval to bring in +his accounts. If the king was so palpably oppressive in one article, +he may he presumed to be equally so in the rest. (5.) Though +Folliot's letter, or rather manifesto, be addressed to Becket himself, +it does not acquire more authority on that account. We know not what +answer was made by Becket: the collection of letters cannot he +supposed quite complete. But that the collection was not made by one +(whoever he were) very partial to that primate, appears from the tenor +of them, where there are many passages very little favourable to him: +insomuch that the editor of them at Brussels, a jesuit, thought proper +to publish them with great omissions, particularly of this letter of +Folliot's. Perhaps Becket made no answer at all, as not deigning to +write to an excommunicated person, whose very commerce would +contaminate him; and the bishop, trusting to this arrogance of his +primate, might calumniate him the more freely. (6.) Though the +sentence pronounced on Becket by the great council implies that he had +refused to make any answer to the king's court, this does not fortify +the narrative of Folliot. For if his excuse was rejected as false and +frivolous, it would he treated as no answer. Becket submitted so far +to the sentence of confiscation of goods and chattels, that he gave +surety, which is a proof that he meant not at that time to question +the authority of the king's courts. (7.) It may be worth observing, +that both the author of Historia quadripartita, and Gervase, +contemporary writers, agree with Fitz-Stephens; and the latter is not +usually very partial to Becket. All the ancient historians give the +same account. + + +NOTE [S] + +Madox, in his Baronia Anglica, cap. 14, tells us, that in the +thirtieth of Henry II. thirty-three cows and two bulls cost but eight +pounds seven shillings, money of that age; five hundred sheep, twenty- +two pounds ten shillings, or about ten pence three farthings per +sheep; sixty-six oxen, eighteen pounds three shillings; fifteen +breeding mares, two pounds twelve shillings and sixpence; and +twenty-two hogs, one pound two shillings. Commodities seem then to +have been about ten times cheaper than at present; all except the +sheep, probably on account of the value of the fleece. The same +author, in his Formulare Anglicanum, p. 17, says, "that in the tenth +year of Richard I. mention is made of ten per cent. paid for money: +but the Jews frequently exacted much higher interest." + + + +END OF VOL. I. + +*** END OF THE PROJECT GUTENBERG EBOOK 10574 *** diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..3c806da --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #10574 (https://www.gutenberg.org/ebooks/10574) diff --git a/old/10574-8.txt b/old/10574-8.txt new file mode 100644 index 0000000..0fba473 --- /dev/null +++ b/old/10574-8.txt @@ -0,0 +1,22874 @@ +The Project Gutenberg eBook, The History of England, Volume I, by David +Hume + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + + + + +Title: The History of England, Volume I + +Author: David Hume + +Release Date: January 2, 2004 [eBook #10574] + +Language: English + +Character set encoding: ISO-8859-1 + + +***START OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF ENGLAND, VOLUME I*** + + +E-text prepared by David J. Cole + + + +Transcriber's Note: + + Like much 18th and 19th century publishing, the edition of + David Hume's "History of England" from which this text was + prepared makes extensive use of both footnotes and marginal + notes. Since this e-text format does not allow use of the + original superscripts to denote the lettered footnotes, they + are indicated by the relevant letter within brackets, thus + "[a]", and the footnotes themselves are reproduced within + brackets and preceded by "FN" at the end of the PARAGRAPH to + which they relate; since some of Hume's paragraphs are + considerably longer than is normal in 21st century American or + British writing, you may have to scroll some distance to find + the text of the footnote. All footnotes are reproduced + exactly as in the printed text. + + More discretion has been exercised regarding marginal notes. + Those which simply repeat chapter numbers and dates already + given in the text are omitted as non-essential clutter. The + remainder are reproduced within brackets and preceded by "MN". + Those marginal notes which appear to correspond to sub-chapter + headings are reproduced as the first line of the paragraph to + which they relate. Other marginal notes are reproduced within + the text of the paragraph. Some apparently incomplete + marginal notes ending or beginning with ellipses are due to + cases where what is logically a single marginal note has been + broken into two or more pieces separated by a considerable + vertical distance. + + + + +THE HISTORY OF ENGLAND, VOLUME I + +From the Invasion of Julius Caesar to the Revolution in 1688 + +by + +DAVID HUME, ESQ. + +With the Author's Last Corrections and Improvements, to which is +prefixed a Short Account of His Life Written by Himself + + + +COMPLETE IN SIX VOLUMES + + + + + + + +MY OWN LIFE. + +It is difficult for a man to speak long of himself without vanity; +therefore I shall be short. It may be thought an instance of vanity +that I pretend at all to write my life; but this narrative shall +contain little more than the history of my writings; as, indeed, +almost all my life has been spent in literary pursuits and +occupations. The first success of most of my writings was not such as +to be an object of vanity. + +I was born the 26th of April, 1711, old style, at Edinburgh. I was of +a good family, both by father and mother: my father's family is a +branch of the Earl of Home's, or Hume's; and my ancestors had been +proprietors of the estate which my brother possesses, for several +generations. My mother was daughter of Sir David Falconer, President +of the College of Justice: the title of Lord Halkerton came by +succession to her brother. + +My family, however, was not rich; and being myself a younger brother, +my patrimony, according to the mode of my country, was of course very +slender. My father, who passed for a man of parts, died when I was an +infant, leaving me, with an elder brother and a sister, under the care +of our mother, a woman of singular merit, who, though young and +handsome, devoted herself entirely to the rearing and educating of her +children. I passed through the ordinary course of education with +success, and was seized very early with a passion for literature, +which has been the ruling passion of my life, and the great source of +my enjoyments. My studious disposition, my sobriety, and my industry, +gave my family a notion that the law was a proper profession for me; +but I found an unsurmountable aversion to every thing but the pursuits +of philosophy and general learning; and while they fancied I was +poring upon Voet and Vinnius, Cicero and Virgil were the authors which +I was secretly devouring. + +My very slender fortune, however, being unsuitable to this plan of +life, and my health being a little broken by my ardent application, I +was tempted, or rather forced, to make a very feeble trial for +entering into a more active scene of life. In 1734 I went to Bristol, +with some recommendations to several merchants; but in a few months +found that scene totally unsuitable to me. I went over to France with +a view of prosecuting my studies in a country retreat; and I there +laid that plan of life which I have steadily and successfully pursued. +I resolved to make a very rigid frugality supply my deficiency of +fortune, to maintain unimpaired my independency, and to regard every +object as contemptible, except the improvement of my talents in +literature. + +During my retreat in France, first at Rheims but chiefly at La Fleche, +in Anjou, I composed my Treatise of Human Nature. After passing three +years very agreeably in that country, I came over to London in 1737. +In the end of 1738 I published my Treatise, and immediately went down +to my mother and my brother, who lived at his country-house, and +employed himself very judiciously and successfully in the improvement +of his fortune. + +Never literary attempt was more unfortunate than my Treatise of Human +Nature. It fell DEAD-BORN FROM THE PRESS, without reaching such +distinction as even to excite a murmur among the zealots. But being +naturally of a cheerful and sanguine temper, I very soon recovered the +blow, and prosecuted with great ardour my studies in the country. In +1742 I printed at Edinburgh the first part of my Essays: the work was +favourably received, and soon made me entirely forget my former +disappointment. I continued with my mother and brother in the +country, and in that time recovered the knowledge of the Greek +language, which I had too much neglected in my early youth. + +In 1745 I received a letter from the Marquis of Annandale, inviting me +to come and live with him in England; I found, also, that the friends +and family of that young nobleman were desirous of putting him under +my care and direction, for the state of his mind and health required +it.--I lived with him a twelve-month. My appointments during that +time made a considerable accession to my small fortune. I then +received an invitation from General St. Clair to attend him as a +secretary to his expedition, which was at first meant against Canada, +but ended in an incursion on the coast of France. Next year, to wit, +1747, I received an invitation from the general to attend him in the +same station in his military embassy to the courts of Vienna and +Turin. I then wore the uniform of an officer, and was introduced at +these courts as aide-de-camp to the general, along with Sir Harry +Erskine and Captain Grant, now General Grant. These two years were +almost the only interruptions which my studies have received during +the course of my life: I passed them agreeably and in good company; +and my appointments, with my frugality, had made me reach a fortune +which I called independent, though most of my friends were inclined to +smile when I said so: in short, I was now master of near a thousand +pounds. + +I had always entertained a notion, that my want of success in +publishing the Treatise of Human Nature, had proceeded more from the +manner than the matter, and that I had been guilty of a very usual +indiscretion, in going to the press too early. I therefore cast the +first part of that work anew in the Enquiry concerning Human +Understanding, which was published while I was at Turin. But this +piece was at first little more successful than the Treatise of Human +Nature. On my return from Italy, I had the mortification to find all +England in a ferment, on account of Dr. Middleton's Free Enquiry, +while my performance was entirely over-looked and neglected. A new +edition which had been published in London, of my Essays, moral and +political, met not with a much better reception. + +Such is the force of natural temper, that these disappointments made +little or no impression on me. I went down in 1749, and lived two +years with my brother at his country-house, for my mother was now +dead. I there composed the second part of my Essay, which I called +Political Discourses, and also my Enquiry concerning the Principles of +Morals, which is another part of my treatise that I cast anew. +Meanwhile my bookseller, A. Miller, informed me that my former +publications (all but the unfortunate Treatise) were beginning to be +the subject of conversation; that the sale of them was gradually +increasing; and that new editions were demanded. Answers by Reverends +and Right Reverends came out two or three in a year; and I found, by +Dr. Warburton's railing, that the books were beginning to be esteemed +in good company. However, I had a fixed resolution, which I +inflexibly maintained, never to reply to any body; and not being very +irascible in my temper, I have easily kept myself clear of all +literary squabbles. These symptoms of a rising reputation gave me +encouragement, as I was ever more disposed to see the favourable than +the unfavourable side of things; a turn of mind which it is more happy +to possess, than to be born to an estate of ten thousand a year. + +In 1751 I removed from the country to the town, the true scene for a +man of letters. In 1752 were published at Edinburgh, where I then +lived, my Political Discourses, the only work of mine that was +successful on the first publication. It was well received at home and +abroad. In the same year was published, in London, my Enquiry +concerning the Principles of Morals; which, in my own opinion, (who +ought not to judge on that subject,) is of all my writings, +historical, philosophical, or literary, incomparably the best. It +came unnoticed and unobserved into the world. + +In 1752 the Faculty of Advocates chose me their librarian; an office +from which I received little or no emolument, but which gave me the +command of a large library. I then formed the plan of writing the +History of England; but being frightened with the notion of continuing +a narrative through a period of one thousand seven hundred years, I +commenced with the accession of the house of Stuart, an epoch when, I +thought, the misrepresentations of faction began chiefly to take +place. I was, I own, sanguine in my expectations of the success of +this work. I thought that I was the only historian that had at once +neglected present power, interest, and authority, and the cry of +popular prejudices; and as the subject was suited to every capacity, +I expected proportional applause. But miserable was my +disappointment: I was assailed by one cry of reproach, disapprobation, +and even detestation; English, Scotch, and Irish, whig and tory, +churchman and sectary, freethinker and religionist, patriot and +courtier, united in their rage against the man who had presumed to +shed a generous tear for the fate of Charles I. and the Earl of +Strafford; and after the first ebullitions of their fury were over, +what was still more mortifying, the book seemed to sink into oblivion. +Mr. Miller told me, that in a twelvemonth he sold only forty-five +copies of it. I scarcely, indeed, heard of one man in the three +kingdoms, considerable for rank or letters, that could endure the +book. I must only except the primate of England, Dr. Herring, and the +primate of Ireland, Dr. Stone, which seem two odd exceptions. These +dignified prelates separately sent me a message not to be discouraged. + +I was, however, I confess, discouraged; and had not the war at that +time been breaking out between France and England, I had certainly +retired to some provincial town of the former kingdom, have changed my +name, and never more have returned to my native country. But as this +scheme was not now practicable, and the subsequent volume was +considerably advanced, I resolved to pick up courage and to persevere. + +In this interval I published at London my Natural History of Religion, +along with some other small pieces: its public entry was rather +obscure, except only that Dr. Hurd wrote a pamphlet against it, with +all the illiberal petulance, arrogance, and scurrility, which +distinguish the Warburtonian school. This pamphlet gave me some +consolation for the otherwise indifferent reception of my performance. + +In 1756, two years after the fall of the first volume, was published +the second volume of my History, containing the period from the death +of Charles I. till the Revolution. This performance happened to give +less displeasure to the whigs, and was better received. It not only +rose itself, but helped to buoy up its unfortunate brother. + +But though I had been taught by experience, that the whig party were +in possession of bestowing all places, both in the state and in +literature, I was so little inclined to yield to their senseless +clamour, that in above a hundred alterations, which farther study, +reading, or reflection, engaged me to make in the reigns of the two +first Stuarts, I have made all of them invariably to the tory side. +It is ridiculous to consider the English constitution before that +period as a regular plan of liberty. + +In 1759 I published my History of the House of Tudor. The clamour +against this performance was almost equal to that against the History +of the two first Stuarts. The reign of Elizabeth was particularly +obnoxious. But I was now callous against the impressions of public +folly, and continued very peaceably and contentedly in my retreat in +Edinburgh, to finish, in two volumes, the more early part of the +English History, which I gave to the public in 1761, with tolerable, +and but tolerable, success. + +But notwithstanding this variety of winds and seasons to which my +writings have been exposed, they had still been making such advances, +that the copy-money given me by the booksellers much exceeded any +thing formerly known in England: I retired to my native country of +Scotland, determined never more to set my foot out of it; and +retaining the satisfaction of never having preferred a request to one +great man, or even making advances of friendship to any of them. As I +was now turned of fifty, I thought of passing all the rest of my life +in this philosophical manner, when I received, in 1763, an invitation +from the Earl of Hertford, with whom I was not in the least +acquainted, to attend him on his embassy to Paris, with a near +prospect of being appointed secretary to the embassy; and, in the +meanwhile, of performing the functions of that office. This offer, +however inviting, I at first declined, both because I was reluctant to +begin connexions with the great, and because I was afraid that the +civilities and gay company of Paris would prove disagreeable to a +person of my age and humour: but on his lordship's repeating the +invitation, I accepted of it. I have every reason, both of pleasure +and interest, to think myself happy in my connexions with that +nobleman, as well as afterwards with his brother General Conway. + +Those who have not seen the strange effects of modes will never +imagine the reception I met with at Paris, from men and women of all +ranks and stations. The more I resiled from their excessive +civilities, the more I was loaded with them. There is, however, a +real satisfaction in living at Paris, from the great number of +sensible, knowing, and polite company with which that city abounds +above all places in the universe. I thought once of settling there +for life. + +I was appointed secretary to the embassy; and in summer, 1765, Lord +Hertford left me, being appointed Lord Lieutenant of Ireland. I was +chargé d'affaires till the arrival of the Duke of Richmond, towards +the end of the year. In the beginning of 1766 I left Paris, and next +summer went to Edinburgh, with the same view as formerly of burying +myself in a philosophical retreat. I returned to that place, not +richer, but with much more money, and a much larger income, by means +of Lord Hertford's friendship, than I left it; and I was desirous of +trying what superfluity could produce, as I had formerly made an +experiment of a competency. But in 1767 I received from Mr. Conway an +invitation to be under-secretary; and this invitation, both the +character of the person, and my connexions with Lord Hertford, +prevented me from declining. I returned to Edinburgh in 1769, very +opulent, (for I possessed a revenue of 1000L. a year,) healthy, and, +though somewhat stricken in years, with the prospect of enjoying long +my ease, and of seeing the increase of my reputation. + +In spring, 1775, I was struck with a disorder in my bowels, which at +first gave me no alarm, but has since, as I apprehend it, become +mortal and incurable. I now reckon upon a speedy dissolution. I have +suffered very little pain from my disorder; and what is more strange +have, notwithstanding the great decline of my person, never suffered a +moment's abatement of my spirits, inasmuch that were I to name a +period of my life which I should most choose to pass over again, I +might be tempted to point to this later period. I possess the same +ardour as ever in study, and the same gaiety in company. I consider, +besides, that a man of sixty-five, by dying, cuts off only a few years +of infirmities; and though I see many symptoms of my literary +reputation's breaking out at last with additional lustre, I know that +I could have but few years to enjoy it. It is difficult to be more +detached from life than I am at present. + +To conclude historically with my own character. I am, or rather was, +(for that is the style I must now use in speaking of myself, which +emboldens me the more to speak my sentiments)--I was, I say, a man of +mild disposition, of command of temper, of an open, social, and +cheerful humour, capable of attachment, but little susceptible of +enmity, and of great moderation in all my passions. Even my love of +literary fame, my ruling passion, never soured my temper, +notwithstanding my frequent disappointments. My company was not +unacceptable to the young and careless, as well as to the studious and +literary; and as I took a particular pleasure in the company of modest +women, I had no reason to be displeased with the reception I met with +from them. In a word, though most men, anywise eminent, have found +reason to complain of calumny, I never was touched, or even attacked +by her baleful tooth; and though I wantonly exposed myself to the rage +of both civil and religious factions, they seemed to be disarmed in my +behalf of their wonted fury. My friends never had occasion to +vindicate any one circumstance of my character and conduct: not but +that the zealots, we may well suppose, would have been glad to invent +and propagate any story to my disadvantage, but they could never find +any which they thought would wear the face of probability. I cannot +say there is no vanity in making this funeral oration of myself; but I +hope it is not a misplaced one; and this is a matter of fact which is +easily cleared and ascertained. + + +April 18, 1776. + + + + +LETTER + +FROM + +ADAM SMITH. LL. D. + +To + +WILLIAM STRAHAN, ESQ. + + +Kirkaldy, Fifeshire, Nov. 9, 1776 + +DEAR SIR, + +It is with a real, though a very melancholy pleasure, that I sit down +to give you some account of the behaviour of our late excellent +friend, Mr. Hume, during his last illness. + +Though in his own judgment his disease was mortal and incurable, yet +he allowed himself to be prevailed upon, by the entreaty of his +friends, to try what might be the effects of a long journey. A few +days before he set out, he wrote that account of his own life, which, +together with his other papers, he has left to your care. My account, +therefore, shall begin where his ends. + +He set out for London towards the end of April, and at Morpeth met +with Mr. John Home, and myself, who had both come down from London on +purpose to see him, expecting to have found him at Edinburgh. Mr. +Home returned with him, and attended him, during the whole of his stay +in England, with that care and attention which might be expected from +a temper so perfectly friendly and affectionate. As I had written to +my mother that she might expect me in Scotland, I was under the +necessity of continuing my journey. His disease seemed to yield to +exercise and change of air, and when he arrived in London, he was +apparently in much better health than when he left Edinburgh. He was +advised to go to Bath to drink the waters, which appeared for some +time to have so good an effect upon him, that even he himself began to +entertain, what he was not apt to do, a better opinion of his own +health. His symptoms, however, soon returned with their usual +violence, and from that moment he gave up all thoughts of recovery, +but submitted with the utmost cheerfulness, and the most perfect +complacency and resignation. Upon his return to Edinburgh, though he +found himself much weaker, yet his cheerfulness never abated, and he +continued to divert himself, as usual, with correcting his own works +for a new edition, with reading books of amusement, with the +conversation of his friends, and sometimes in the evening with a party +at his favourite game of whist. His cheerfulness was so great, and +his conversation and amusements ran so much in their usual strain, +that, notwithstanding all bad symptoms, many people could not believe +he was dying. "I shall tell your friend, Colonel Edmonstone," said +Doctor Dundas to him one day, "that I left you much better, and in a +fair way of recovery." "Doctor," said he, "as I believe you would not +choose to tell any thing but the truth, you had better tell him, that +I am dying as fast as my enemies, if I have any, could wish, and as +easily and cheerfully as my best friends could desire." Colonel +Edmonstone soon afterwards came to see him, and take leave of him; and +on his way home he could not forbear writing him a letter, bidding him +once more an eternal adieu, and applying to him, as to a dying man, +the beautiful French verses in which the Abbé Chaulieu, in expectation +of his own death, laments his approaching separation from his friend +the Marquis de la Fare. Mr. Hume's magnanimity and firmness were +such, that his most affectionate friends knew that they hazarded +nothing in talking or writing to him as to a dying man, and that, so +far from being hurt by this frankness, he was rather pleased and +flattered by it. I happened to come into his room while he was +reading this letter, which he had just received, and which he +immediately showed me. I told him, that though I was sensible how +very much he was weakened, and that appearances were in many respects +very bad, yet his cheerfulness was still so great, the spirit of life +seemed still to be so very strong in him, that I could not help +entertaining some faint hopes. He answered, "Your hopes are +groundless. An habitual diarrhoea of more than a year's standing +would be a very bad disease at any age: at my age it is a mortal one. +When I lie down in the evening I feel myself weaker than when I rose +in the morning, and when I rise in the morning weaker than when I lay +down in the evening. I am sensible, besides, that some of my vital +parts are affected, so that I must soon die." "Well," said I, "if it +must be so, you have at least the satisfaction of leaving all your +friends, your brother's family in particular, in great prosperity." +He said that he felt that satisfaction so sensibly, that when he was +reading, a few days before, Lucian's Dialogues of the Dead, among all +the excuses which are alleged to Charon for not entering readily into +his boat, he could not find one that fitted him; he had no house to +finish, he had no daughter to provide for, he had no enemies upon whom +he wished to revenge himself. "I could not well imagine," said he, +"what excuse I could make to Charon in order to obtain a little +delay. I have done every thing of consequence which I ever meant to +do, and I could at no time expect to leave my relations and friends in +a better situation than that in which I am now likely to leave them: I +therefore have all reason to die contented." He then diverted himself +with inventing several jocular excuses, which he supposed he might +make to Charon, and with imagining the very surly answers which it +might suit the character of Charon to return to them. "Upon further +consideration," said he, "I thought I might say to him, 'Good Charon, +I have been correcting my works for a new edition. Allow me a little +time, that I may see how the public receives the alterations.' But +Charon would answer, 'When you have seen the effect of these, you will +be for making other alterations. There will be no end of such +excuses; so, honest friend, please step into the boat.' But I might +still urge, 'Have a little patience, good Charon, I have been +endeavouring to open the eyes of the public. If I live a few years +longer, I may have the satisfaction of seeing the downfall of some of +the prevailing systems of superstition.' But Charon would then lose +all temper and decency--'You loitering rogue, that will not happen +these many hundred years. Do you fancy I will grant you a lease for +so long a term? Get into the boat this instant, you lazy, loitering +rogue.'" + +But though Mr. Hume always talked of his approaching dissolution with +great cheerfulness, he never affected to make any parade of his +magnanimity. He never mentioned the subject, but when the +conversation naturally led to it, and never dwelt longer upon it than +the course of the conversation happened to require. It was a subject, +indeed, which occurred pretty frequently, in consequence of the +inquiries which his friends, who came to see him, naturally made +concerning the state of his health. The conversation which I +mentioned above, and which passed on Thursday the 8th of August, was +the last, except one, that I ever had with him. He had now become so +very weak, that the company of his most intimate friends fatigued him; +for his cheerfulness was still so great, his complaisance and social +disposition were still so entire, that when any friend was with him, +he could not help talking more, and with greater exertion, than suited +the weakness of his body. At his own desire, therefore, I agreed to +leave Edinburgh, where I was staying partly upon his account, and +returned to my mother's house here, at Kirkaldy, upon condition that +he would send for me whenever he wished to see me; the physician who +saw him most frequently, Dr. Black, undertaking in the mean time to +write me occasionally an account of the state of his health. + +On the 22d of August, the doctor wrote me the following letter: + +"Since my last, Mr. Hume has passed his time pretty easily, but is +much weaker. He sits up, goes down stairs once a day, and amuses +himself with reading, but seldom sees any body. He finds, that the +conversation of his most intimate friends fatigues and oppresses him; +and it is happy that he does not need it, for he is quite free from +anxiety, impatience, or low spirits, and passes his time very well +with the assistance of amusing books." + +I received the day after a letter from Mr. Hume himself, of which the +following is an extract: + +"Edinburgh, Aug. 23, 1776 + +"MY DEAREST FRIEND, + +"I am obliged to make use of my nephew's hand in writing to you, as I +do not rise to-day. * * * * * * * * * * * * * * * + +"I go very fast to decline, and last night had a small fever, which I +hoped might put a quicker period to this tedious illness; but, +unluckily, it has in a great measure gone off. I cannot submit to +your coming over here on my account, as it is possible for me to see +you so small a part of the day; but Dr. Black can better inform you +concerning the degree of strength which may from time to time remain +with me. + +"Adieu, &c." + +Three days after, I received the following letter from Dr. Black: + +"Edinburgh, Monday, Aug. 26, 1776. + +"DEAR SIR, + +"Yesterday, about four o'clock, afternoon, Mr. Hume expired. The near +approach of his death became evident in the night between Thursday and +Friday, when his disease became excessive, and soon weakened him so +much, that he could no longer rise out of his bed. He continued to +the last perfectly sensible, and free from much pain or feelings of +distress. He never dropped the smallest expression of impatience; but +when he had occasion to speak to the people about him, always did it +with affection and tenderness. I thought it improper to write to +bring you over, especially as I heard that he had dictated a letter to +you, desiring you not to come. When he became very weak, it cost him +an effort to speak, and he died in such a happy composure of mind that +nothing could exceed it." + +Thus died our most excellent and never to be forgotten friend; +concerning whose philosophical opinions men will no doubt judge +variously, every one approving or condemning them, according as they +happen to coincide or disagree with his own; but concerning whose +character and conduct there can scarce be a difference of opinion. +His temper, indeed, seemed to be more happily balanced, if I may be +allowed such an expression, than that perhaps of any other man I have +ever known. Even in the lowest state of his fortune, his great and +necessary frugality never hindered him from exercising, upon proper +occasions, acts both of charity and generosity. It was a frugality +founded not upon avarice, but upon the love of independency. The +extreme gentleness of his nature never weakened either the firmness of +his mind, or the steadiness of his resolutions. His constant +pleasantry was the genuine effusion of good-nature and good-humour, +tempered with delicacy and modesty, and without even the slightest +tincture of malignity, so frequently the disagreeable source of what +is called wit in other men. It never was the meaning of his raillery +to mortify; and therefore, far from offending, it seldom failed to +please and delight even those who were the objects of it. To his +friends, who were frequently the objects of it, there was not perhaps +one of all his great and amiable qualities which contributed more to +endear his conversation. And that gaiety of temper, so agreeable in +society, but which is so often accompanied with frivolous and +superficial qualities, was in him certainly attended with the most +severe application, the most extensive learning, the greatest depth of +thought, and a capacity in every respect the most comprehensive. Upon +the whole, I have always considered him, both in his lifetime and +since his death, as approaching as nearly to the idea of a perfectly +wise and virtuous man as perhaps the nature of human frailty will +permit. + +I ever am, dear Sir, + +Most affectionately yours, + +ADAM SMITH. + + + + +CONTENTS OF VOLUME I + + + +CHAPTER I. + +The Britons.--Romans.--Saxons.--The Heptarchy.--The Kingdom of Kent-- +of Northumberland--of East Anglia--of Mercia--of Essex--of Sussex--of +Wessex + + +CHAPTER II. + +Egbert.--Ethelwolf.--Ethelbald and Ethelbert.--Ethered.--Alfred the +Great.--Edward the Elder.--Athelstan.--Edmund.-Edred.--Edwy.--Edgar.-- +Edward the Martyr + + +CHAPTER III. + +Ethelred.--Settlement of the Normans.--Edmund Ironside.--Canute.-- +Harold Harefoot.--Hardicanute.--Edward the Confessor.--Harold + + +APPENDIX I. + +THE ANGLO-SAXON GOVERNMENT AND MANNERS. + +First Saxon Government.--Succession of the Kings.--The Wittenagemot.-- +The Aristocracy.--The several Orders of Men.--Courts of Justice.-- +Criminal Law.--Rules of Proof.-Military Force.--Public Revenue.--Value +of Money.--Manners + + +CHAPTER IV. + +WILLIAM THE CONQUEROR + +Consequences of the Battle of Hastings.--Submission of the English.-- +Settlement of the Government.--King's Return to Normandy.--Discontents +of the English.--Their Insurrections.--Rigours of the Norman +Government.--New Insurrections.-New Rigours of the Government.-- +Introduction of the Feudal Law.--Innovation in Ecclesiastical +Government.--Insurrection of the Norman Barons.--Dispute about +Investitures.--Revolt of Prince Robert.--Domesday-Book.--The New +Forest.--War with France.--Death and Character of William the +Conqueror + + +CHAPTER V + +WILLIAM RUFUS + +Accession of William Rufus.--Conspiracy against the King.--Invasion of +Normandy.--The Crusades.--Acquisition of Normandy.--Quarrel with +Anselm, the Primate.--Death and Character of William Rufus + + +CHAPTER VI. + +HENRY I. + +The Crusades.--Accession of Henry.--Marriage of the King.--Invasion by +Duke Robert.--Accommodation with Robert.--Attack of Normandy.-- +Conquest of Normandy.--Continuation of the Quarrel with Anselm, the +Primate.--Compromise with him.--Wars abroad.--Death of Prince +William.--King's second Marriage.--Death and Character of Henry + + +CHAPTER VII. + +STEPHEN + +Accession of Stephen.--War with Scotland.--Insurrection in favour of +Matilda.--Stephen taken Prisoner.--Matilda crowned.--Stephen +released.--Restored to the Crown.--Continuation of the Civil Wars.-- +Compromise between the King and Prince Henry.--Death of the King + + +CHAPTER VIII. + +HENRY II. + +State of Europe--of France.--First Acts of Henry's Government.-- +Disputes between the Civil and Ecclesiastical Powers.-Thomas à Becket, +Archbishop of Canterbury.--Quarrel between the King and Becket.-- +Constitutions of Clarendon.--Banishment of Becket.--Compromise with +him.--His return from Banishment.-His Murder.--Grief and Submission of +the King + + +CHAPTER IX. + +State of Ireland.--Conquest of that Island.--The King's Accommodation +with the Court of Rome.--Revolt of young Henry and his brothers.-- +Wars and Insurrections.--War with Scotland.--Penance of Henry for +Becket's Murder.--William, King of Scotland, defeated and taken +Prisoner.--The King's Accommodation with his Sons.--The King's +equitable Administration.--Crusades.--Revolt of Prince Richard.--Death +and Character of Henry.--Miscellaneous Transactions of his Reign + + +CHAPTER X. + +RICHARD I. + +The King's Preparations for the Crusade.--Sets out on the Crusade.-- +Transactions in Sicily.--King's Arrival in Palestine.--State of +Palestine.--Disorders in England.--The King's Heroic Actions in +Palestine.--His Return from Palestine.--Captivity in Germany.--War +with France.--The King's Delivery.--Return to England.--War with +France.--Death and Character of the King.--Miscellaneous Transactions +of this Reign + + +CHAPTER XI. + +JOHN + +Accession of the King.--His Marriage.--War with France.--Murder of +Arthur, Duke of Britany.--The King expelled the French Provinces.--The +King's Quarrel with the Court of Rome.--Cardinal Langton appointed +Archbishop of Canterbury.--Interdict of the Kingdom.--Excommunication +of the King.-The King's Submission to the Pope.--Discontents of the +Barons.--Insurrection of the Barons.--Magna Carta.--Renewal of the +Civil Wars.--Prince Lewis called over.--Death and Character of the +King + + +APPENDIX II. + +THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. + +Origin of the Feudal Law.--Its Progress.--Feudal Government of +England.--The Feudal Parliament.--The Commons.-Judicial Power.-- +Revenue of the Crown.--Commerce.--The Church.--Civil Laws.--Manners + + +CHAPTER XII. + +HENRY III. + +Settlement of the Government.--General Pacification.--Death of the +Protector.--Some Commotions.--Hubert de Burgh displaced.--The Bishop +of Winchester Minister.--King's Partiality to Foreigners.-- +Grievances.--Ecclesiastical Grievances.--Earl of Cornwall elected King +of the Romans.--Discontent of the Barons--Simon de Mountfort, Earl of +Leicester.--Provisions of Oxford.--Usurpation of the Barons.--Prince +Edward.--Civil Wars of the Barons.--Reference to the King of France.-- +Renewal of the Civil Wars.--Battle of Lewes.--House of Commons.-- +Battle of Evesham and death of Leicester.--Settlement of the +Government.--Death and Character of the King.--Miscellaneous +Transactions of this Reign + + + + + + + + +CHAPTER I. + +THE BRITONS.--ROMANS.--SAXONS.--THE HEPTARCHY.--THE KINGDOM OF KENT-- +OF NORTHUMBERLAND--OF EAST ANGLIA--OF MERCIA--OF ESSEX--OF SUSSEX--OF +WESSEX + + + +[MN The Britons.] +The curiosity, entertained by all civilized nations, of inquiring into +the exploits and adventures of their ancestors, commonly excites a +regret that the history of remote ages should always be so much +involved in obscurity, uncertainty, and contradiction. Ingenious men, +possessed of leisure, are apt to push their researches beyond the +period in which literary monuments are framed or preserved; without +reflecting that the history of past events is immediately lost or +disfigured when intrusted to memory or oral tradition; and that the +adventures of barbarous nations, even if they were recorded, could +afford little or no entertainment to men born in a more cultivated +age. The convulsions of a civilized state usually compose the most +instructive and most interesting part of its history; but the sudden, +violent, and unprepared revolutions incident to barbarians are so much +guided by caprice, and terminate so often in cruelty, that they +disgust us by the uniformity of their appearance; and it is rather +fortunate for letters that they are buried in silence and oblivion. +The only certain means by which nations can indulge their curiosity in +researches concerning their remote origin, is to consider the +language, manners, and customs of their ancestors, and to compare them +with those of the neighbouring nations. The fables which are commonly +employed to supply the place of true history ought entirely to be +disregarded; or if any exception be admitted to this general rule, it +can only be in favour of the ancient Grecian fictions, which are so +celebrated and so agreeable, that they will ever be the objects of the +attention of mankind. Neglecting, therefore, all traditions, or +rather tales, concerning the more early history of Britain, we shall +only consider the state of the inhabitants as it appeared to the +Romans on their invasion of this country: we shall briefly run over +the events which attended the conquest made by that empire, as +belonging more to Roman than British story: we shall hasten through +the obscure and uninteresting period of Saxon annals: and shall +reserve a more full narration for those times when the truth is both +so well ascertained and so complete as to promise entertainment and +instruction to the reader. + +All ancient writers agree in representing the first inhabitants of +Britain as a tribe of the Gauls or Celtae, who peopled that island +from the neighbouring continent. Their language was the same; their +manners, their government, their superstition, varied only by those +small differences which time or communication with the bordering +nations must necessarily introduce. The inhabitants of Gaul, +especially in those parts which lie contiguous to Italy, had acquired, +from a commerce with their southern neighbours, some refinement in the +arts, which gradually diffused themselves northwards, and spread but a +very faint light over this island. The Greek and Roman navigators or +merchants (for there were scarcely any other travellers in those ages) +brought back the most shocking accounts of the ferocity of the people, +which they magnified, as usual, in order to excite the admiration of +their countrymen. The south-east parts, however, of Britain had +already, before the age of Caesar, made the first, and most requisite +step towards a civil settlement; and the Britons, by tillage and +agriculture, had there increased to a great multitude [a]. The other +inhabitants of the island still maintained themselves by pasture: +they were clothed with skins of beasts. They dwelt in huts, which they +reared in the forests and marshes, with which the country was covered: +they shifted easily their habitation, when actuated either by the +hopes of plunder, or the fear of an enemy: the convenience of feeding +their cattle was even a sufficient motive for removing their seats: +and as they were ignorant of all the refinements of life, their wants +and their possessions were equally scanty and limited. +[FN [a] Caesar. lib. 4.] + +The Britons were divided into many small nations or tribes; and being +a military people, whose sole property was their arms and their +cattle, it was impossible, after they had acquired a relish for +liberty, for their princes or chieftains to establish any despotic +authority over them. Their governments, though monarchical [b], were +free, as well as those of all the Celtic nations; and the common +people seem even to have enjoyed more liberty among them [c] than +among the nations of Gaul [d], from which they were descended. Each +state was divided into factions within itself [e]: it was agitated +with jealousy or animosity against the neighbouring states: and while +the arts of peace were yet unknown, wars were the chief occupation, +and formed the chief object of ambition among the people. +[FN [b] Diod. Sic. lib. 4. Mela, lib. 3. cap. 6. Strabo, lib. 4. +[c] Dion. Cassius, lib. 75 [d] Caesar. lib. 6. [e] Tacit. Agr.] + +The religion of the Britons was one of the most considerable parts of +their government; and the Druids, who were their priests, possessed +great authority among them. Besides ministering at the altar, and +directing all religious duties, they presided over the education of +youth; they enjoyed an immunity from wars and taxes; they possessed +both the civil and criminal jurisdiction; they decided all +controversies among states as well as among private persons, and +whoever refused to submit to their decree was exposed to the most +severe penalties. The sentence of excommunication was pronounced +against him: he was forbidden access to the sacrifices or public +worship: he was debarred all intercourse with his fellow-citizens, +even in the common affairs of life: his company was universally +shunned, as profane and dangerous. He was refused the protection of +law [f]; and death itself became an acceptable relief from the misery +and infamy to which he was exposed. Thus, the bands of government, +which were naturally loose among that rude and turbulent people, were +happily corroborated by the terrors of their superstition. +[FN [f] Caesar, lib. 6. Strabo, lib. 4.] + +No species of superstition was ever more terrible than that of the +Druids. Besides the severe penalties, which it was in the power of +the ecclesiastics to inflict in this world, they inculcated the +eternal transmigration of souls; and thereby extended their authority +as far as the fears of their timorous votaries. They practised their +rites in dark groves or other secret recesses [g]; and in order to +throw a greater mystery over their religion, they communicated their +doctrines only to the initiated, and strictly forbad the committing of +them to writing, lest they should at any time be exposed to the +examination of the profane vulgar. Human sacrifices were practised +among them: the spoils of war were often devoted to their divinities; +and they punished with the severest tortures whoever dared to secrete +any part of the consecrated offering; these treasures they kept in +woods and forests, secured by no other guard than the terrors of their +religion [h]; and this steady conquest over human avidity may be +regarded as more signal than their prompting men to the most +extraordinary and most violent efforts. No idolatrous worship ever +attained such an ascendant over mankind as that of the ancient Gauls +and Britons; and the Romans, after their conquest, finding it +impossible to reconcile those nations to the law and institutions of +their masters, while it maintained its authority, were at last obliged +to abolish it by penal statutes; a violence which had never, in any +other instance, been practised by those tolerating conquerors [i]. +[FN [g] Plin. lib. 12. cap. 1. [h] Caesar, lib. 6. [i] Sueton. in +vita Claudii.] + +[MN The Romans.] +The Britons had long remained in this rude but independent state, when +Caesar, having overrun all Gaul by his victories, first cast his eye +on their island. He was not allured either by its riches or its +renown; but being ambitious of carrying the Roman arms into a new +world, then mostly unknown, he took advantage of a short interval in +his Gaulic wars, and made an invasion on Britain. The natives, +informed of his intention, were sensible of the unequal contest, and +endeavoured to appease him by submissions, which, however, retarded +not the execution of his design. After some resistance, he landed, as +is supposed, at Deal; [MN Anno Ante C. 55.] and having obtained +several advantages over the Britons, and obliged them to promise +hostages for their future obedience, he was constrained, by the +necessity of his affairs, and the approach of winter, to withdraw his +forces into Gaul. The Britons, relieved from the terror of his arms, +neglected the performance of their stipulations; and that haughty +conqueror resolved next summer to chastise them for this breach of +treaty. He landed with a greater force; and though he found a more +regular resistance from the Britons, who had united under +Cassivelaunus, one of their petty princes, he discomfited them in +every action. He advanced into the country; passed the Thames in the +face of the enemy; took and burned the capital of Cassivelaunus; +established his ally, Mandubratius, in the sovereignty of the +Trinobantes; and having obliged the inhabitants to make him new +submissions, he again returned with his army into Gaul, and left the +authority of the Romans more nominal than real in this island. + +The civil wars which ensued, and which prepared the way for the +establishment of monarchy in Rome, saved the Britons from that yoke +which was ready to be imposed upon them. Augustus, the successor of +Caesar, content with the victory obtained over the liberties of his +own country, was little ambitious of acquiring fame by foreign wars; +and being apprehensive lest the same unlimited extent of dominion, +which had subverted the republic, might also overwhelm the empire, he +recommended it to his successors never to enlarge the territories of +the Romans. Tiberius, jealous of the fame which might be acquired by +his generals, made this advice of Augustus a pretence for his +inactivity [k]. The mad sallies of Caligula, in which he menaced +Britain with an invasion, served only to expose himself and the empire +to ridicule: and the Britons had now, during almost a century, enjoyed +their liberty unmolested; when the Romans, in the reign of Claudius +began to think seriously of reducing them under their dominion. +Without seeking any more justifiable reasons of hostility than were +employed by the late Europeans in subjugating the Africans and +Americans, [MN A.D. 43.] they sent over an army under the command of +Plautius, an able general, who gained some victories, and made a +considerable progress in subduing the inhabitants. Claudius himself, +finding matters sufficiently prepared for his reception, made a +journey into Britain, and received the submission of several British +states, the Cantii, Atrebates, Regni, and Trinobantes, who inhabited +the south-east part of the island, and whom their possessions and more +cultivated manner of life rendered willing to purchase peace at the +expense of their liberty. The other Britons, under the command of +Caractacus, still maintained an obstinate resistance, and the Romans +made little progress against them, till Ostorius Scapula was sent over +to command their armies. This general advanced the Roman conquests +over the Britons; [MN A.D. 50.] pierced into the country of the +Silures, a warlike nation who inhabited the banks of the Severn; +defeated Caractacus in a great battle; took him prisoner, and sent him +to Rome, where his magnanimous behaviour procured him better treatment +than those conquerors usually bestowed on captive princes [l]. +[FN [k] Tacit. Agr. [l] Tacit. Ann. lib. 12.] + +Notwithstanding these misfortunes, the Britons were not subdued; and +this island was regarded by the ambitious Romans as a field in which +military honour might still be acquired. [MN A.D. 59.] Under the +reign of Nero, Suetonius Paulinus was invested with the command, and +prepared to signalize his name by victories over those barbarians. +Finding that the island of Mona, now Anglesey, was the chief seat of +the Druids, he resolved to attack it, and to subject a place which was +the centre of their superstition, and which afforded protection to all +their baffled forces. The Britons endeavoured to obstruct his landing +on this sacred island, both by the force of their arms and the terrors +of their religion. The women and priests were intermingled with the +soldiers upon the shore; and running about with flaming torches in +their hands, and tossing their dishevelled hair, they struck greater +terror into the astonished Romans by their howlings, cries, and +execrations, than the real danger from the armed forces was able to +inspire. But Suetonius, exhorting his troops to despise the menaces +of a superstition which they despised, impelled them to the attack, +drove the Britons off the field, burned the Druids in the same fires +which those priests had prepared for their captive enemies, destroyed +all the consecrated groves and altars; and, having thus triumphed over +the religion of the Britons, he thought his future progress would be +easy in reducing the people to subjection. But he was disappointed in +his expectations. The Britons, taking advantage of his absence, were +all in arms; and headed by Boadicea, Queen of the Iceni, who had been +treated in the most ignominious manner by the Roman tribunes, had +already attacked with success several settlements of their insulting +conquerors. Suetonius hastened to the protection of London, which was +already a flourishing Roman colony; but he found, on his arrival, that +it would be requisite for the general safety to abandon that place to +the merciless fury of the enemy. London was reduced to ashes; such of +the inhabitants as remained in it were cruelly massacred; the Romans +and all strangers, to the number of 70,000, were every where put to +the sword without distinction; and the Britons, by rendering the war +thus bloody, seemed determined to cut off all hopes of peace or com- +position with the enemy. But this cruelty was revenged by Suetonius +in a great and decisive battle, where 80,000 of the Britons are said +to have .perished; and Boadicea herself; rather than fall into the +hands of the enraged victor, put an end to her own life by poison [m]. +Nero soon after recalled Suetonius from a government, where, by +suffering and inflicting so many severities, he was judged improper +for composing the angry and alarmed minds of the inhabitants. After +some interval, Cerealis received the command from Vespasian, and by +his bravery propagated the terror of the Roman arms. Julius Frontinus +succeeded Cerealis both in authority and in reputation: but the +general who finally established the dominion of the Romans in this +island was Julius Agricola, who governed it in the reigns of +Vespasian, Titus, and Domitian, and distinguished himself in that +scene of action. +[FN [m] Tacit. Ann. lib. 14] + +This great commander formed a regular plan for subduing Britain, and +rendering the acquisition useful to the conquerors. He carried his +victorious arms northwards, defeated the Britons in every encounter, +pierced into the inaccessible forests and mountains of Caledonia, +reduced every state to subjection in the southern part of the island, +and chased before him all the men of fiercer and more intractable +spirits, who deemed war and death itself less intolerable than +servitude under the victors. He even defeated them in a decisive +action, which they fought under Galgacus, their leader; and having +fixed a chain of garrisons between the firths of Clyde and Forth, he +thereby cut off the ruder and more barren parts of the island, and +secured the Roman province from the incursions of the barbarous +inhabitants [n]. +[FN [n] Tacit Agr.] + +During these military enterprises, he neglected not the arts of peace. +He introduced laws and civility among the Britons, taught them to +desire and raise all the conveniences of life, reconciled them to the +Roman language and manners, instructed them in letters and science, +and employed every expedient to render those chains which he had +forged both easy and agreeable to them [o]. The inhabitants, having +experienced how unequal their own force was to resist that of the +Romans, acquiesced in the dominion of their masters, and were +gradually incorporated as a part of that mighty empire. +[FN [o] Ibid.] + +This was the last durable conquest made by the Romans; and Britain, +once subdued, gave no farther inquietude to the victor. Caledonia +alone, defended by its barren mountains, and by the contempt which the +Romans entertained for it, sometimes infested the more cultivated +parts of the island by the incursions of its inhabitants. The better +to secure the frontiers of the empire, Adrian, who visited this +island, built a rampart between the river Tyne and the firth of +Solway: Lollius Urbicus, under Antoninus Pius, erected one in the +place where Agricola had formerly established his garrisons: Severus, +who made an expedition into Britain, and carried his arms to the more +northern extremity of it, added new fortifications to the walls of +Adrian; and, during the reigns of all the Roman emperors, such a +profound tranquillity prevailed in Britain, that little mention is +made of the affairs of that island by any historian. The only +incidents which occur are some seditions or rebellions of the Roman +legions quartered there, and some usurpations of the Imperial dignity +by the Roman governors. The natives, disarmed, dispirited, and +submissive, had lost all desire, and even idea of their former liberty +and independence. + +But the period was now come when that enormous fabric of the Roman +empire, which had diffused slavery and oppression, together with peace +and civility, over so considerable a part of the globe, was +approaching towards it final dissolution. Italy and the centre of the +empire, removed, during so many ages, from all concern in the wars, +had entirely lost the military spirit, and were peopled by an +enervated race, equally disposed to submit to a foreign yoke, or to +the tyranny of their own rulers. The emperors found themselves +obliged to recruit their legions from the frontier provinces, where +the genius of war, though languishing, was not totally extinct; and +these mercenary forces, careless of laws, and civil institutions, +established a military government, no less dangerous to the sovereign +than to the people. The further progress of the same disorders +introduced the bordering barbarians into the service of the Romans; +and those fierce nations, having now added discipline to their native +bravery, could no longer be restrained by the impotent policy of the +emperors, who were accustomed to employ one in the destruction of the +others. Sensible of their own force, and allured by the prospect of +so rich a prize, the northern barbarians, in the reign of Arcadius and +Honorius, assailed at once all the frontiers of the Roman empire; and +having first satiated their avidity by plunder, began to think of +fixing a settlement in the wasted provinces. The more distant +barbarians, who occupied the deserted habitations of the former, +advanced in their acquisitions, and pressed with their incumbent +weight the Roman state, already unequal to the load which it +sustained. Instead of arming the people in their own defence, the +emperors recalled all the distant legions, in whom alone they could +repose confidence; and collected the whole military force for the +defence of the capital and centre of the empire. The necessity of +self-preservation had superseded the ambition of power; and the +ancient point of honour never to contract the limits of the empire +could no longer be attended to in this desperate extremity. + +Britain by its situation was removed from the fury of these barbarous +incursions; and being also a remote province, not much valued by the +Romans, the legions which defended it were carried over to the +protection of Italy and Gaul. But that province, though secured by +the sea against the inroads of the greater tribes of barbarians, found +enemies on its frontiers, who took advantage of its present +defenceless situation. The Picts and Scots, who dwelt in the northern +parts, beyond the wall of Antoninus, made incursions upon their +peaceable and effeminate neighbours; and besides the temporary +depredations which they committed, these combined nations threatened +the whole province with subjection, or what the inhabitants more +dreaded, with plunder and devastation. The Picts seem to have been a +tribe of the native British race, who, having been chased into the +northern parts by the conquest of Agricola, had there intermingled +with the ancient inhabitants: the Scots were derived from the same +Celtic origin, had first been established in Ireland, had migrated to +the north-west coasts of this island, and had long been accustomed, as +well from their old as their new seats, to infest the Roman province +by piracy and rapine [p]. These tribes, finding their more opulent +neighbours exposed to invasion, soon broke over the Roman wall, no +longer defended by the Roman arms; and, though a contemptible enemy in +themselves, met with no resistance from the unwarlike inhabitants. +The Britons, accustomed to have recourse to the emperors for defence +as well as government, made supplications to Rome; and one legion was +sent over for their protection. This force was an overmatch for the +barbarians, repelled their invasion, routed them in every engagement, +and having chased them into their ancient limits, returned in triumph +to the defence of the southern provinces of the empire [q]. Their +retreat brought on a new invasion of the enemy. The Britons made +again an application to Rome, and again obtained the assistance of a +legion, which proved effectual for their relief: but the Romans, +reduced to extremities at home, and fatigued with those distant +expeditions, informed the Britons that they must no longer look to +them for succour, exhorted them to arm in their own defence, and urged +that, as they were now their own masters, it became them to protect by +their valour that independence which their ancient lords had conferred +upon them [r]. That they might leave the island with the better +grace, the Romans assisted them in erecting anew the wall of Severus, +which was built entirely of stone, and which the Britons had not at +that time artificers skilful enough to repair [s]. And having done +this last good office to the inhabitants, they bid a final adieu to +Britain, about the year 448; after being masters of the more +considerable part of it during the course of near four centuries. +[FN [p] See note [A] at the end of the volume. [q] Gildas. Bede, +lib. 1. cap. 12. Paul. Diacon. [r] Bede, lib. 1. cap. 12 [s] Ibid.] + +[MN The Britons.] +The abject Britons. regarded this present of liberty as fatal to +them; and were in no condition to put in practice the prudent counsel +given them by the Romans to arm in their own defence. Unaccustomed +both to the perils of war and to the cares of civil government, they +found themselves incapable of forming or executing any measures for +resisting the incursions of the barbarians. Gratian also and +Constantine, two Romans who had a little before assumed the purple in +Britain, had carried over to the continent the flower of the British +youth; and having perished in their unsuccessful attempts on the +imperial throne, had despoiled the island of those who, in this +desperate extremity, were best able to defend it. The Picts and +Scots, finding that the Romans had finally relinquished Britain, now +regarded the whole as their prey, and attacked the northern wall with +redoubled forces. The Britons already subdued by their own fears, +found the ramparts but a weak defence for them; and deserting their +station, left the country entirely open to the inroads of the +barbarous enemy. The invaders carried devastation and ruin along with +them; and exerted to the utmost their native ferocity, which was not +mitigated by the helpless condition and submissive behaviour of the +inhabitants [t]. The unhappy Britons had a third time recourse to +Rome, which had declared its resolution for ever to abandon them. +Aëtius, the patrician, sustained at that time, by his valour and +magnanimity, the tottering ruins of the empire, and revived for a +moment, among the degenerate Romans, the spirit as well as discipline +of their ancestors. The British ambassador carried to him the letter +of their countrymen, which was inscribed, THE GROANS OF THE BRITONS. +The tenor of the epistle was suitable to its superscription. THE +BARBARIANS, say they, ON THE ONE HAND, CHASE US INTO THE SEA; THE SEA, +ON THE OTHER, THROWS US BACK UPON THE BARBARIANS; AND WE HAVE ONLY THE +HARD CHOICE LEFT US, OF PERISHING BY THE SWORD OR BY THE WAVES [u]. +But Aëtius, pressed by the arms of Attila, the most terrible enemy +that ever assailed the empire, had no leisure to attend to the +complaints of allies, whom generosity alone could induce him to assist +[v]. The Britons thus rejected were reduced to despair, deserted +their habitations, abandoned tillage, and flying for protection to the +forests and mountains, suffered equally from hunger and from the +enemy. The barbarians themselves began to feel the pressure of famine +in a country which they had ravaged; and being harassed by the +dispersed Britons, who had not dared to resist them in a body, they +retreated with their spoils into their own country [w]. +[FN [t] Gildas. Bede, lib. 1. Ann. Beverl. p. 45. [u] Gildas. +Bede, lib. 1. cap. 13. Malmesbury, lib. 1. cap. 1. Ann. Beverl. p. +45. [v] Chron. Sax. p. 11 edit. 1692. [w] Ann. Beverl. p. 45.] + +The Britons, taking advantage of this interval, returned to their +usual occupations; and the favourable seasons which succeeded seconded +their industry, made them soon forget their past miseries, and +restored to them great plenty of all the necessaries of life. No more +can be imagined to have been possessed by a people so rude, who had +not, without the assistance of the Romans, art of masonry sufficient +to raise a stone rampart for their own defence; yet the Monkish +historians [x], who treat of those events, complain of the luxury of +the Britons during this period, and ascribe to that vice, not to their +cowardice or improvident counsels, all their subsequent calamities. +[FN [x] Gildas. Bede, lib. 1. cap. 14.] + +The Britons, entirely occupied in the enjoyment of the present +interval of peace, made no provision for resisting the enemy, who, +invited by their former timid behaviour, soon threatened them with a +new invasion. We are not exactly informed what species of civil +government the Romans on their departure had left among the Britons; +but it appears probable, that the great men in, the different +districts assumed a kind of regal though precarious authority; and +lived in a great measure independent of each other [y]. To this +disunion of counsels were also added the disputes of theology; and the +disciples of Pelagius, who was himself a native of Britain, having +increased to a great multitude, gave alarm to the clergy, who seem to +have been more intent on suppressing them, than on opposing the public +enemy [z]. Labouring under these domestic evils, and menaced with a +foreign invasion, the Britons attended only to the suggestions of +their present fears; and following the counsels of Vortigern, Prince +of Dumnonium, who, though stained with every vice, possessed the chief +authority among them [a], they sent into Germany a deputation to +invite over the Saxons for their protection and assistance. +[FN [y] Gildas. Usher, Ant. Brit. p. 248, 347. [z] Gildas. Bede, +lib. 1. cap. 17. Constant. in vita Germ. [a] Gildas. Gul. Malm. p +8.] + +[MN The Saxons.] +Of all the barbarous nations, known either in ancient or modern times, +the Germans seem to have been the most distinguished both by their +manners and political institutions, and to have carried to the highest +pitch the virtues of valour and love of liberty; the only virtues +which can have place among an uncivilized people, where justice and +humanity are commonly neglected. Kingly government, even when +established among the Germans, (for it was not universal,) possessed a +very limited authority; and though the sovereign was usually chosen +from among the royal family, he was directed in every measure by the +common consent of the nation over whom he presided. When any +important affairs were transacted, all the warriors met in arms; the +men of greatest authority employed persuasion to engage their consent; +the people expressed their approbation by rattling their armour, or +their dissent by murmurs; there was no necessity for a nice scrutiny +of votes among a multitude, who were usually carried with a strong +current to one side or the other; and the measure thus suddenly chosen +by general agreement, was executed with alacrity and prosecuted with +vigour. Even in war, the princes governed more by example than by +authority; but in peace the civil union was in a great measure +dissolved, and the inferior leaders administered justice after an +independent manner, each in his particular district. These were +elected by the votes of the people in their great councils; and though +regard was paid to nobility in the choice, their personal qualities, +chiefly their valour, procured them, from the suffrages of their +fellow-citizens, that honourable but dangerous distinction. The +warriors of each tribe attached themselves to their leader with the +most devoted affection and most unshaken constancy. They attended him +as his ornament in peace, as his defence in war, as his council in the +administration of justice. Their constant emulation in military +renown dissolved not that inviolable friendship which they professed +to their chieftain and to each other: to die for the honour of their +band was their chief ambition: to survive its disgrace, or the death +of their leader, was infamous. They even carried into the field their +women and children, who adopted all the martial sentiments of the men: +and being thus impelled by every human motive, they were invincible; +where they were not opposed either by the similar manners and +institutions of the neighbouring Germans, or by the superior +discipline, arms, and numbers of the Romans [b]. +[FN [b] Caesar, lib. 6. Tacit. de Mor. Germ.] + +The leaders and their military companions were maintained by the +labour of their slaves, or by that of the weaker and less warlike part +of the community, whom they defended. The contributions which they +levied went not beyond a bare subsistence; and the honours, acquired +by a superior rank, were the only reward of their superior dangers and +fatigues. All the refined arts of life were unknown among the +Germans: tillage itself was almost wholly neglected: they even seem to +have been anxious to prevent any improvements of that nature; and the +leaders, by annually distributing anew all the land among the +inhabitants of each village, kept them from attaching themselves to +particular possessions, or making such progress in agriculture as +might divert their attention from military expeditions, the chief +occupation of the community [c]. +[FN [c] Caesar, lib. 6. Tacit. de Mor. Germ.] + +The Saxons had been for some time regarded as one of the most warlike +tribes of this fierce people, and had become the terror of the +neighbouring nations [d]. They had diffused themselves from the +northern parts of Germany and the Cimbrian Chersonesus, and had taken +possession of all the sea-coast from the mouth of the Rhine to +Jutland; whence they had long infested by their piracies all the +eastern and southern parts of Britain, and the northern of Gaul [e]. +In order to oppose their inroads, the Romans had established an +officer, whom they called COUNT OF THE SAXON SHORE; and as the naval +arts can flourish among a civilized people alone, they seem to have +been more successful in repelling the Saxons, than any of the other +barbarians by whom they were invaded. The dissolution of the Roman +power invited them to renew their inroads; and it was an acceptable +circumstance, that the deputies of the Britons appeared among them, +and prompted them to undertake an enterprise, to which they were of +themselves sufficiently inclined [f]. +[FN d Amm. Marcell. lib. 28. Orosius. [e] Marcell. lib. 27. cap. 7. +lib. 28. cap. 7. [f] Will. Malm. p. 8.] + +Hengist and Horsa, two brothers, possessed great credit among the +Saxons, and were much celebrated both for their valour and nobility. +They were reputed, as most of the Saxon princes, to be sprung from +Woden, who was worshipped as a god among those nations, and they are +said to be his great grandsons [g]; a circumstance which added much to +their authority. We shall not attempt to trace any higher the origin +of those princes and nations. It is evident what fruitless labour it +must be to search, in those barbarous and illiterate ages, for the +annals of a people, when their first leaders, known in any true +history, were believed by them to be the fourth in descent from a +fabulous deity, or from a man exalted by ignorance into that +character. The dark industry of antiquaries, led by imaginary +analogies of names, or by uncertain traditions, would in vain attempt +to pierce into that deep obscurity which covers the remote history of +those nations. +[FN [g] Bede, lib. 1. cap. 15. Saxon Chron. p. 13. Nennius, cap. +28.] + +These two brothers, observing the other provinces of Germany to be +occupied by a warlike and necessitous people, and the rich provinces +of Gaul already conquered or overrun by other German tribes, found it +easy to persuade their countrymen to embrace the sole enterprise which +promised a favourable opportunity of displaying their valour and +gratifying their avidity. They embarked their troops in three +vessels, and about the year 449 or 450 [h], carried over 1600 men, who +landed in the Isle of Thanet, and immediately marched to the defence +of the Britons against the northern invaders. The Scots and Picts +were unable to resist the valour of these auxiliaries; and the +Britons, applauding their own wisdom in calling over the Saxons, hoped +thenceforth to enjoy peace and security under the powerful protection +of that warlike people. +[FN [h] Saxon Chronicle, p. 12. Gul. Malm. p. 11. Huntington, lib. +2. p. 309. Ethelwerd. Brompton, p. 728.] + +But Hengist and Horsa perceiving, from their easy victory over the +Scots and Picts, with what facility they might subdue the Britons +themselves, who had not been able to resist those feeble invaders, +were determined to conquer and fight for their own grandeur, not for +the defence of their degenerate allies. They sent intelligence to +Saxony of the fertility and riches of Britain; and represented as +certain the subjection of a people so long disused to arms, who, being +now cut off from the Roman empire, of which they had been a province +during so many ages, had not yet acquired any union among themselves, +and were destitute of all affection to their new liberties and of all +national attachments and regards [i]. The vices and pusillanimity of +Vortigern, the British leader, were a new ground of hope; and the +Saxons in Germany, following such agreeable prospects, soon reinforced +Hengist and Horsa with 5000 men, who came over in seventeen vessels. +The Britons now began to entertain apprehensions of their allies, +whose numbers they found continually augmenting; but thought of no +remedy, except a passive submission and connivance. This weak +expedient soon failed them. The Saxons sought a quarrel, by +complaining that their subsidies were ill paid, and their provisions +withdrawn [k]; and immediately taking off the mask, they formed an +alliance with the Picts and Scots, and proceeded to open hostility +against the Britons. +[FN [i] Chron. Sax. p. 12. Ann. Beverl. p. 42. [k] Bede, lib. 1. +cap. 15. Nennius, cap. 35. Gildas, Sec. 23.] + +The Britons, impelled by these violent extremities, and roused to +indignation against their treacherous auxiliaries, were necessitated +to take arms; and having deposed Vortigern, who had become odious from +his vices, and from the bad event of his rash counsels, they put +themselves under the command of his son, Vortimer. They fought many +battles with their enemies; and though the victories in these actions +be disputed between the British and Saxon annalists, the progress +still made by the Saxons proves that the advantage was commonly on +their side. In one battle, however, fought at Eaglesford, now +Ailsford, Horsa, the Saxon general, was slain, and left the sole +command over his countrymen in the hands of Hengist. This active +general, continually reinforced by fresh numbers from Germany, carried +devastation into the most remote corners of Britain; and being chiefly +anxious to spread the terror of his arms, he spared neither age, nor +sex, nor condition, wherever he marched with his victorious forces. +The private and public edifices of the Britons were reduced to ashes: +the priests were slaughtered on the altars by those idolatrous +ravagers: the bishops and nobility shared the fate of the vulgar: the +people, flying to the mountains and deserts, were intercepted and +butchered in heaps: some were glad to accept of life and servitude +under their victors: others, deserting their native country, took +shelter in the province of Armorica; where, being charitably received +by a people of the same language and manners, they settled in great +numbers, and gave the country the name of Britany [l]. +[FN [l] Bede, lib. 1. cap. 15. Usher, p.226. Gildas, Sec. 24.] + +The British writers assign one cause which facilitated the entrance of +the Saxons into this island; the love with which Vortigern was at +first seized for Rovena, the daughter of Hengist, and which that +artful warrior made use of to blind the eyes of the imprudent monarch +[m]. The same historians add, that Vortimer died; and that Vortigern, +being restored to the throne, accepted of a banquet from Hengist, at +Stonehenge, where 300 of his nobility were treacherously slaughtered, +and himself detained captive [n]. But these stories seem to have been +invented by the Welsh authors, in order to palliate the weak +resistance made at first by their countrymen, anal to account for the +rapid progress and licentious devastations of the Saxons [o]. +[FN [m] Nennius, Galfr. lib. 6. cap. 12. [n] Nennius, cap. 47. +Galfr. [o] Stillingfleet's Orig. Brit. p. 324, 325.] + +After the death of Vortimer, Ambrosius, a Briton, though of Roman +descent, invested with the command over his countrymen, and +endeavoured, not without success, to unite them in their resistance +against the Saxons. Those contests increased the animosity between the +two nations, and roused the military spirit of the ancient +inhabitants, which had before been sunk into a fatal lethargy. +Hengist, however, notwithstanding their opposition, still maintained +his ground in Britain; and in order to divide the forces and attention +of the natives, he called over a new tribe of Saxons, under the +command of his brother Octa, and of Ebissa, the son of Octa; and he +settled them in Northumberland. He himself remained in the southern +parts of the island, and laid the foundation of the kingdom of Kent, +comprehending the county of that name, Middlesex, Essex, and part of +Surrey. He fixed his royal seat at Canterbury; where he governed +about forty years, and he died in or near the year 488; leaving his +new-acquired dominions to his posterity. + +The success of Hengist excited the avidity of the other northern +Germans; and at different times, and under different leaders, they +flocked over in multitudes to the invasion of this island. These +conquerors were chiefly composed of three tribes, the Saxons, Angles, +and Jutes [p], who all passed under the common appellation, sometimes +of Saxons, sometimes of Angles; and speaking the same language, and +being governed by the same institutions, they were naturally led, from +these causes, as well as from their common interest, to unite +themselves against the ancient inhabitants. The resistance, however, +though unequal, was still maintained by the Britons; but became every +day more feeble; and their calamities admitted of few intervals, till +they were driven into Cornwall and Wales, and received protection from +the remote situation or inaccessible mountains of those countries. +[FN [p] Bede, lib. 1. cap. 15. Ethelwerd, p. 833. edit. Camdeni. +Chron. Sax. p. 12. Ann. Beverl. p. 78. The inhabitants of Kent, and +the Isle of Wight were Jutes. Essex, Middlesex, Surrey, Sussex, and +all the southern counties to Cornwall, were peopled by Saxons: Mercia, +and other parts of the kingdom, were inhabited by Angles.] + +The first Saxon state, after that of Kent, which was established in +Britain, was the kingdom of South Saxony. In the year 477 [q], Aella, +a Saxon chief, brought over an army from Germany; and landing on the +southern coast, proceeded to take possession of the neighbouring +territory. The Britons, now armed, did not tamely abandon their +possessions; nor were they expelled, till defeated in many battles by +their warlike invaders. The most memorable action, mentioned by +historians, is that of Meacredes Burn [r]; where, though the Saxons +seem to have obtained the victory, they suffered so considerable a +loss, as somewhat retarded the progress of their conquests. But +Aella, reinforced by fresh numbers of his countrymen, again took the +field against the Britons, and laid siege to Andred-Ceaster, which was +defended by the garrison and inhabitants with desperate valour [s]. +The Saxons, enraged by this resistance, and by the fatigues and +dangers which they had sustained, redoubled their efforts against the +place, and when masters of it, put all their enemies to the sword +without distinction. This decisive advantage secured the conquests of +Aella, who assumed the name of king, and extended his dominion over +Sussex and a great part of Surrey. He was stopped in his progress to +the east by the kingdom of Kent: in that to the west by another tribe +of Saxons, who had taken possession of that territory. +[FN [q] Chron. Sax. p.14. Ann. Beverl. p. 81. [r] Saxon Chron. A.D. +485. Flor. Wigorn. [s] Hen. Hunting. lib. 2.] + +These Saxons, from the situation of the country in which they settled, +were called the West Saxons, and landed in the year 495, under the +command of Cerdic, and of his son Kenric [t]. The Britons were, by +past experience, so much on their guard, and so well prepared to +receive the enemy, that they gave battle to Cerdic the very day of his +landing; and though vanquished, still defended, for some time, their +liberties against the invaders. None of the other tribes of Saxons +met with such vigorous resistance, or exerted such valour and +perseverance in pushing their conquests. Cerdic was even obliged to +call for the assistance of his countrymen from the kingdoms of Kent +and Sussex, as well as from Germany, and he was thence joined by a +fresh army under the command of Porte, and of his sons Bleda, and +Megla [u]. Strengthened by these succours, he fought in the year 508, +a desperate battle with the Britons, commanded by Nazan-Leod, who was +victorious in the beginning of the action, and routed the wing in +which Cerdic himself commanded; but Kenric, who had prevailed in the +other wing, brought timely assistance to his father, and restored the +battle, which ended in a complete victory gained by the Saxons [w]. +Nazan-Leod perished with 5000 of his army; but left the Britons more +weakened than discouraged by his death. The war still continued, +though the success was commonly on the side of the Saxons, whose short +swords, and close manner of fighting, gave them great advantage over +the missile weapons of the Britons. Cerdic was not wanting to his +good fortune; and in order to extend his conquests, he laid siege to +Mount Badon or Banesdowne, near Bath, whither the most obstinate of +the discomfited Britons had retired. The southern Britons, in this +extremity, applied for assistance to Arthur, Prince of the Silures, +whose heroic valour now sustained the declining fate of his country +[x]. This is that Arthur so much celebrated in the songs of +Thaliessin, and the other British bards, and whose military +achievements have been blended with so many fables, as even to give +occasion for entertaining a doubt of his real existence. But poets, +though they disfigure the most certain history by their fictions, and +use strange liberties with truth where they are the sole historians, +as among the Britons, have commonly some foundation for their wildest +exaggerations. Certain it is, that the siege of Badon was raised by +the Britons in the year 520; and the Saxons were there discomfited in +a great battle [y]. This misfortune stopped the progress of Cerdic; +but was not sufficient to wrest from him the conquests which he had +already made. He and his son Kenric, who succeeded him, established +the kingdom of the West Saxons, or of Wessex, over the counties of +Hants, Dorset, Wilts, Berks, and the Isle of Wight, and left their +new-acquired dominions to their posterity. Cerdic died in 534, Kenric +in 560. +[FN [t] Will. Malm. lib. 1. cap. 1. p.12. Chron. Sax. p. 15. [u] +Chron. Sax. p. 17. [w] H. Hunting. lib. 2. Ethelwerd, lib. 1. Chron. +Sax. p. 17. [x] Hunting. lib. 2. [y] Gildas, Saxon Chron. H. +Hunting. lib. 2] + +While the Saxons made this progress in the south, their countrymen +were not less active in other quarters. In the year 527, a great +tribe of adventurers, under several leaders, landed on the east coast +of Britain; and after fighting many battles, of which history has +preserved no particular account, they established three new kingdoms +in this island. Uffa assumed the title of King of the East Angles in +575; Crida that of Mercia in 585 [z] and Erkenwin that of East Saxony, +or Essex, nearly about the same time, but the year is uncertain. This +latter kingdom was dismembered from that of Kent, and comprehended +Essex, Middlesex, and part of Hertfordshire. That of the East Angles, +the counties of Cambridge, Suffolk, and Norfolk; Mercia was extended +over all the middle counties, from the banks of the Severn to the +frontiers of these two kingdoms. +[FN [z] Math. West. Huntington, lib. 2.] + +The Saxons, soon after the landing of Hengist, had been planted in +Northumberland; but, as they met with an obstinate resistance, and +made but small progress in subduing the inhabitants, their affairs +were in so unsettled a condition, that none of their princes for a +long time assumed the appellation of king. At last, in 547 [a], Ida, +a Saxon prince of great valour [b], who claimed a descent, as did the +other princes of that nation, from Woden, brought over a reinforcement +from Germany, and enabled the Northumbrians to carry on their +conquests over the Britons. He entirely subdued the county now called +Northumberland, the bishopric of Durham, as well as some of the south- +east counties of Scotland; and he assumed the crown under the title of +King of Bernicia. Nearly about the same time, Aella, another Saxon +prince, having conquered Lancashire, and the greater part of +Yorkshire, received the appellation of King of Deiri [c]. These two +kingdoms were united in the person of Ethilfrid, grandson of Ida, who +married Acca, the daughter of Aella; and expelling her brother Edwin, +established one of the most powerful of the Saxon kingdoms, by the +title of Northumberland. How far his dominions extended into the +country now called Scotland, is uncertain; but it cannot be doubted, +that all the lowlands, especially the east coast of that country, were +peopled in a great measure from Germany; though the expeditions made +by the several Saxon adventurers have escaped the records of history. +The language spoken in those countries, which is purely Saxon, is a +stronger proof of this event than can be opposed by the imperfect, or +rather fabulous, annals which are obtruded on us by the Scottish +historians. +[FN [a] Chron. Sax. p 19. [b] Will. Malmes. p. 19. [c] Ann. Beverl. +p. 78.] + +[MN The Heptarcy.] +Thus was established, after a violent contest of near a hundred and +fifty years, the Heptarchy, or seven Saxon kingdoms in Britain; and +the whole southern part of the island, except Wales and Cornwall, had +totally changed its inhabitants, language, customs, and political +institutions. The Britons, under the Roman dominion, had made such +advances towards arts and civil manners, that they had built twenty- +eight considerable cities within their province, besides a great +number of villages and country seats [d]. But the fierce conquerors, +by whom they were now subdued, threw every thing back into ancient +barbarity, and those few natives who were not either massacred or +expelled their habitations, were reduced to the most abject slavery. +None of the other northern conquerors, the Franks, Goths, Vandals, or +Burgundians, though they overran the southern provinces of the empire +like a mighty torrent, made such devastations in the conquered +territories, or were inflamed into so violent an animosity against the +ancient inhabitants. As the Saxons came over at intervals in separate +bodies, the Britons, however at first unwarlike, were tempted to make +resistance; and hostilities being thereby prolonged, proved more +destructive to both parties, especially to the vanquished. The first +invaders from Germany, instead of excluding other adventurers who +must share with them the spoils of the ancient inhabitants, were +obliged to solicit fresh supplies from their own country; and a total +extermination of the Britons became the sole expedient for providing a +settlement and subsistence to the new planters. Hence there have been +found in history few conquests more ruinous than that of the Saxons; +and few revolutions more violent than that which they introduced. +[FN [d] Gildas. Bede. lib. 1.] + +So long as the contest was maintained with the natives, the several +Saxon princes preserved a union of counsels and interests; but after +the Britons were shut up in the barren counties of Cornwall and Wales, +and gave no farther disturbance to the conquerors, the band of +alliance was in a great measure dissolved among the princes of the +Heptarchy. Though one prince seems still to have been allowed, or to +have assumed, an ascendant over the whole, his authority, if it ought +ever to be deemed regular or legal, was extremely limited; and each +state acted as if it had been independent, and wholly separate from +the rest. Wars therefore, and revolutions and dissensions, were +unavoidable among a turbulent and military people; and these events, +however intricate or confused, ought now to become the objects of our +attention. But, added to the difficulty of carrying on at once the +history of seven independent kingdoms, there is great discouragement +to a writer, arising from the uncertainty, at least barrenness, of the +accounts transmitted to us. The monks, who were the only annalists +during those ages, lived remote from public affairs, considered the +civil transactions as entirely subordinate to the ecclesiastical, and, +besides partaking of the ignorance and barbarity which were then +universal, were strongly infected with credulity, with the love of +wonder, and with a propensity to imposture; vices almost inseparable +from their profession and manner of life. The history of that period +abounds in names, but is extremely barren of events; or the events are +related so much without circumstances and causes, that the most +profound or most eloquent writer must despair of rendering them either +instructive or entertaining to the reader. Even the great learning +and vigorous imagination of Milton sunk under the weight; and this +author scruples not to declare, that the skirmishes of kites or crows +as much merited a particular narrative, as the confused transactions +and battles of the Saxon Heptarchy [e]. In order, however, to connect +the events in some tolerable measure, we shall give a succinct account +of the succession of kings, and of the more remarkable revolutions in +each particular kingdom; beginning with that of Kent, which was the +first established. +[FN [e] Milton in Kennet, p. 50.] + +[MN The Kingdom of Kent.] +Escus succeeded his father Hengist in the kingdom of Kent; but seems +not to have possessed the military genius of that conqueror, who first +made way for the entrance of the Saxon arms into Britain. All the +Saxons who sought either the fame of valour, or new establishments by +arms, flocked to the standard of Aella, King of Sussex, who was +carrying on successful war against the Britons, and laying the +foundations of a new kingdom. Escus was content to possess in +tranquillity the kingdom of Kent, which he left in 512 to his son +Octa, in whose time the East Saxons established their monarchy, and +dismembered the provinces of Essex and Middlesex from that of Kent. +His death, after a reign of twenty-two years, made room for his son +Hermenric in 534, who performed nothing memorable during a reign of +thirty-two years, except associating with him his son Ethelbert in the +government, that he might secure the succession in his family, and +prevent such revolutions as are incident to a turbulent and barbarous +monarchy. + +Ethelbert revived the reputation of his family, which had languished +for some generations. The inactivity of his predecessors, and the +situation of his country, secured from all hostility with the Britons, +seem to have much enfeebled the warlike genius of the Kentish Saxons; +and Ethelbert, in his first attempt to aggrandize his country, and +distinguish his own name, was unsuccessful [f]. He was twice +discomfited in battle by Ceaulin, King of Wessex; and obliged to yield +the superiority in the Heptarchy to that ambitious monarch, who +preserved no moderation in his victory, and by reducing the kingdom of +Sussex to subjection, excited jealousy in all the other princes. An +association was formed against him; and Ethelbert, intrusted with the +command of the allies gave him battle, and obtained a decisive +victory [g ]. Ceaulin died soon after; and Ethelbert succeeded as +well to his ascendant among the Saxon states, as to his other +ambitious projects. He reduced all the princes, except the King of +Northumberland, to a strict dependence upon him; and even established +himself by force on the throne of Mercia, the most extensive of the +Saxon kingdoms. Apprehensive, however, of a dangerous league against +him, like that by which he himself had been enabled to overthrow +Ceaulin, he had the prudence to resign the kingdom of Mercia to Webba, +the rightful heir, the son of Crida, who had first founded that +monarchy. But governed still by ambition more than by justice, he +gave Webba possession of the crown on such conditions as rendered him +little better than a tributary prince under his artful benefactor. +[FN [f] Chron. Sax. p. 21. [g] H. Hunting. lib. 2.] + +But the most memorable event which distinguished the reign of this +great prince, was the introduction of the Christian religion among the +English Saxons. The superstition of the Germans, particularly that of +the Saxons, was of the grossest and most barbarous kind; and being +founded on traditional tales received from their ancestors, not +reduced to any system, nor supported by political institutions, like +that of the Druids, it seems to have made little impression on its +votaries, and to have easily resigned its place to the new doctrine +promulgated to them. Woden, whom they deemed the ancestor of all +their princes, was regarded as the god of war, and, by a natural +consequence, became their supreme deity, and the chief object of their +religious worship. They believed that, if they obtained the favour of +this divinity by their valour, (for they made less account of the +other virtues,) they should be admitted after their death into his +hall; and, reposing on couches, should satiate themselves with ale +from the skulls of their enemies whom they had slain in battle. +Incited by this idea of paradise, which gratified at once the passion +of revenge and that of intemperance, the ruling inclinations of +barbarians, they despised the dangers of war, and increased their +native ferocity against the vanquished by their religious prejudices. +We know little of the other theological tenets of the Saxons: we only +learn that they were polytheists; that they worshipped the sun and +moon; that they adored the god of thunder under the name of Thor; that +they had images in their temples; that they practised sacrifices; +believed firmly in spells and enchantments; and admitted in general a +system of doctrines which they held as sacred, but which, like all +other superstitions, must carry the air of the wildest extravagance, +if propounded to those who are not familiarized to it from their +earliest infancy. + +The constant hostilities which the Saxons maintained against the +Britons, would naturally indispose them for receiving the Christian +faith, when preached to them by such inveterate enemies; and perhaps +the Britons, as is objected to them by Gildas and Bede, were not over +fond of communicating to their cruel invaders the doctrine of eternal +life and salvation. But as a civilized people, however subdued by +arms, still maintain a sensible superiority over barbarous and +ignorant nations, all the other northern conquerors of Europe had been +already induced to embrace the Christian faith, which they found +established in the empire; and it was impossible but the Saxons, +informed of this event, must have regarded with some degree of +veneration a doctrine which had acquired the ascendant over all their +brethren. However limited in their views, they could not but have +perceived a degree of cultivation in the southern countries beyond +what they themselves possessed; and it was natural for them to yield +to that superior knowledge as well as zeal, by which the inhabitants +of the Christian kingdoms were even at that time distinguished. + +But these causes might long have failed of producing any considerable +effect, had not a favourable incident prepared the means of +introducing Christianity into Kent. Ethelbert, in his father's +lifetime, had married Bertha, the only daughter of Caribert, King of +Paris [h], one of the descendants of Clovis, the conqueror of Gaul; +but before he was admitted to this alliance, he was obliged to +stipulate, that the princess should enjoy the free exercise of her +religion; a concession not difficult to be obtained from the +idolatrous Saxons [i]. Bertha brought over a French bishop to the +court of Canterbury; and being zealous for the propagation of her +religion, she had been very assiduous in her devotional exercises, had +supported the credit of her faith by an irreproachable conduct, and +had employed every art of insinuation and address to reconcile her +husband to her religious principles. Her popularity in the court, and +her influence over Ethelbert, had so well paved the way for the +reception of the Christian doctrine, that Gregory, surnamed the Great, +then Roman pontiff, began to entertain hopes of effecting a project, +which he himself, before he mounted the papal throne, had once +embraced, of converting the British Saxons. +[FN [h] Greg. of Tours, lib. 9. cap. 26. H. Hunting. lib. 2. [i] +Bede, lib. 1. cap. 25. Brompton, p. 729.] + +It happened that this prelate, at that time in a private station, had +observed in the market-place of Rome some Saxon youth exposed to sale, +whom the Roman merchants, in their trading voyages to Britain, had +bought of their mercenary parents. Struck with the beauty of their +fair complexions and blooming countenances, Gregory asked to what +country they belonged; and being told they were ANGLES, he replied +that they ought more properly to be denominated ANGELS: it were a pity +that the prince of darkness should enjoy so fair a prey, and that so +beautiful a frontispiece should cover a mind destitute of internal +grace and righteousness. Inquiring farther concerning the name of +their province, he was informed that it was Deiri, a district of +Northumberland: DEIRI, replied he, THAT IS GOOD! THEY ARE CALLED TO +THE MERCY OF GOD FROM HIS ANGER, De ira. BUT WHAT IS THE NAME OF THE +KING OF THAT PROVINCE? He was told it was Aella or Alla: ALLELUIAH, +cried he: WE MUST ENDEAVOUR THAT THE PRAISES OF GOD BE SUNG IN THAT +COUNTRY. Moved by these allusions, which appeared to him so happy, he +determined to undertake himself a mission into Britain; and having +obtained the pope's approbation, he prepared for that perilous +journey: but his popularity at home was so great, that the Romans, +unwilling to expose him to such dangers, opposed his design; and he +was obliged, for the present, to lay aside all farther thoughts of +executing that pious purpose [k]. +[FN [k] Bede, lib. 2. cap. 1. Spell. Conc. p. 91.] + +The controversy between the Pagans and the Christians was not entirely +cooled in that age; and no pontiff before Gregory, had ever carried to +greater excess an intemperate zeal against the former religion. He +had waged war with all the precious monuments of the ancients, and +even with their writings, which, as appears from the strain of his own +wit, as well as from the style of his compositions, he had not taste +or genius sufficient to comprehend. Ambitious to distinguish his +pontificate by the conversion of the British Saxons, he pitched on +Augustine, a Roman monk, and sent him with forty associates to preach +the gospel in this island. These missionaries, terrified with the +dangers which might attend their proposing a new doctrine to so fierce +a people, of whose language they were ignorant, stopped some time in +France, and sent back Augustine to lay the hazards and difficulties +before the pope, and crave his permission to desist from the +undertaking. But Gregory exhorted them to persevere in their purpose, +advised them to choose some interpreters from among the Franks, who +still spoke the same language with the Saxons [l]; and recommended +them to the good offices of Queen Brunehaut, who had at this time +usurped the sovereign power in France. This princess, though stained +with every vice of treachery and cruelty, either possessed or +pretended great zeal for the cause; and Gregory acknowledged that to +her friendly assistance was, in a great measure, owing the success of +that undertaking [m]. +[FN [1] Bede, lib. 1. cap. 23. [m] Greg. Epist. lib. 9. epist. 56. +Spell. Conc. p. 82] + +Augustine, on his arrival in Kent, in the year 597 [n] found the +danger much less than he had apprehended. Ethelbert, already well +disposed towards the Christian faith, assigned him a habitation in the +Isle of Thanet, and soon after admitted him to a conference. +Apprehensive, however, lest spells or enchantments might be employed +against him by priests, who brought an unknown worship from a distant +country, he had the precaution to receive them in the open air, where +he believed the force of their magic would be more easily dissipated +[o]. Here Augustine, by means of his interpreters, delivered to him +the tenets of the Christian faith, and promised him eternal joys +above, and a kingdom in heaven, without end, if he would be persuaded +to receive that salutary doctrine [p]. "Your words and promises," +replied Ethelbert, "are fair; but because they are new and uncertain, +I cannot entirely yield to them, and relinquish the principles which I +and my ancestors have so long maintained. You are welcome, however, +to remain here in peace; and as you have undertaken so long a journey, +solely, as it appears, for what you believe to be for our advantage, I +will supply you with all necessaries, and permit you to deliver your +doctrine to my subjects [q]" +[FN [n] Higden. Polychron. lib. 5. Chron. Sax. p. 23. [o] Bede, lib. +I. cap. 2 Hunting. lib. 3. Brompton, p. 729 Parker Antiq. Brit. +Eccl. p. 61. [p] Bede, lib. 1. cap 25. Chron. W. Thorn. p. 1759. [q] +Bede, lib. 1. cap 25. H. Hunting. lib. 3. Brompton, p. 729] + +Augustine, encouraged by this favourable reception, and seeing now a +prospect of success, proceeded with redoubled zeal to preach the +gospel to the Kentish Saxons. He attracted their attention by the +austerity of his manners, by the severe penances to which he subjected +himself, by the abstinence and self-denial which he practised: and +having excited their wonder by a course of life which appeared so +contrary to nature, he procured more easily their belief of miracles, +which, it was pretended, he wrought for their conversion [r]. +Influenced by these motives, and by the declared favour of the court, +numbers of the Kentish men were baptized; and the king himself was +persuaded to submit to that rite of Christianity. His example had +great influence with his subjects; but he employed no force to bring +them over to the new doctrine. Augustine thought proper, in the +commencement of his mission, to assume the appearance of the greatest +lenity. He told Ethelbert that the service of Christ must be entirely +voluntary, and that no violence ought ever to be used in propagating +so salutary a doctrine [s]. +[FN [r] Bede, lib. 1. cap 26. [s] Ibid. lib. 1. cap 26. H. Hunting. +lib. 3.] + +The intelligence received of these spiritual conquests afforded great +joy to the Romans; who now exulted as much in those peaceful trophies, +as their ancestors had ever done in their most sanguinary triumphs, +and most splendid victories. Gregory wrote a letter to Ethelbert, in +which, after informing him that the end of the world was approaching, +he exhorted him to display his zeal in the conversion of his subjects, +to exert rigour against the worship of idols, and to build up the good +work of holiness by every expedient of exhortation, terror, +blandishment, or correction [t]: a doctrine more suitable to that age, +and to the usual papal maxims, than the tolerating principles which +Augustine had thought it prudent to inculcate. The pontiff also +answered some questions which the missionary had put concerning the +government of the new church of Kent. Besides other queries which it +is not material here to relate, Augustine asked, WHETHER COUSIN- +GERMANS MIGHT BE ALLOWED TO MARRY? Gregory answered, that that liberty +had indeed been formerly granted by the Roman law; but that experience +had shown, that no issue could ever come from such marriages; and he +therefore prohibited them. Augustine, WHETHER A WOMAN PREGNANT MIGHT +BE BAPTIZED? Gregory answered that he saw no objection. HOW SOON +AFTER THE BIRTH THE CHILD MIGHT RECEIVE BAPTISM? It was answered, +Immediately, if necessary. HOW SOON A HUSBAND MIGHT HAVE COMMERCE +WITH HIS WIFE AFTER HER DELIVERY? Not till she had given suck to her +child: a practice to which Gregory exhorts all women. HOW SOON A MAN +MIGHT ENTER THE CHURCH, OR RECEIVE THE SACRAMENT, AFTER HAVING HAD +COMMERCE WITH HIS WIFE? It was replied, that unless he had approached +her without desire, merely for the sake of propagating his species, he +was not without sin: but in all cases it was requisite for him, before +he entered the church, or communicated, to purge himself by prayer and +ablution; and he ought not, even after using these precautions, to +participate immediately of the sacred duties [u]. There are some +other questions and replies still more indecent and more ridiculous +[w]. And on the whole, it appears that Gregory and his missionary, if +sympathy of manners have any influence, were better calculated than +men of more refined understanding for making a progress with the +ignorant and barbarous Saxons. +[FN [t] Bede, lib. 1. cap. 32. Brompton, p. 732. Spell. Conc. p. 86. +[u] Bede, lib. 1. cap. 27. Spell. Conc. p. 97, 98, 99, &c. [w] +Augustine asks, Si mulier menstrua consuetudine tenetur, an ecclesiam +intrare ei licet, aut sacrae communionis sacramenta percipere? +Gregory answers, Sanctae communionis mysterium in eisdem diebus +percipere non debit prohiberi. Si autem ex veneratione magna +precipere non praesumitur, laudanda est. Augustine asks, Si post +illusionem, quae per somnum solet accidere, vel corpus Domine quilibet +accipere valeat; vel, si sacerdos sit, sacra mysteria celebrare. +Gregory answers this learned question by many learned distinctions.] + +The more to facilitate the reception of Christianity Gregory enjoined +Augustine to remove the idols from the heathen altars, but not to +destroy the altars themselves; because the people, he said, would be +allured to frequent the Christian worship, when they found it +celebrated in a place which they were accustomed to revere. And as +the Pagans practised sacrifices, and feasted with the priests on their +offerings, he also exhorted the missionary to persuade them, on +Christian festivals, to kill their cattle in the neighbourhood of the +church, and to indulge themselves in those cheerful entertainments, to +which they had been habituated [x]. These political compliances show, +that notwithstanding his ignorance and prejudices, he was not +unacquainted with the arts of governing mankind. Augustine was +consecrated archbishop of Canterbury, was endowed by Gregory with +authority over all the British churches, and received the pall, a +badge of ecclesiastical honour, from Rome [y]. Gregory also advised +him not to be too much elated with his gift of working miracles [z]; +and as Augustine, proud of the success of his mission, seemed to think +himself entitled to extend his authority over the bishops of Gaul, the +pope informed him, that they lay entirely without the bounds of his +jurisdiction [a]. +[FN [x] Bede, lib. 1. cap. 30. Spell. Conc. p.89. Greg. Epist. lib. +9. Epist. 71. [y] Chron. Sax. p. 23, 24. [z] H. Hunting. lib. 3. +Spell. Conc. p. 83. Bede, lib. 1. Greg. Epist. lib. 9. Epist. 60. +[a] Bede, lib. 1. cap. 27.] + +The marriage of Ethelbert with Bertha, and much more his embracing +Christianity, begat a connexion of his subjects with the French, +Italians, and other nations on the continent, and tended to reclaim +them from that gross ignorance and barbarity in which all the Saxon +tribes had been hitherto involved [b]. Ethelbert also enacted [c], +with the consent of the states of his kingdom, a body of laws, the +first written laws promulgated by any of the northern conquerors; and +his reign was in every respect glorious to himself, and beneficial to +his people. He governed the kingdom of Kent fifty years, and dying in +616, left the succession to his son, Eadbald. This prince, seduced by +a passion for his mother-in-law, deserted for some time the Christian +faith, which permitted not these incestuous marriages: his whole +people immediately returned with him to idolatry. Laurentius, the +successor of Augustine, found the Christian worship wholly abandoned, +and was prepared to return to France, in order to escape the +mortification of preaching the gospel without fruit to the infidels. +Melitus and Justus, who had been consecrated Bishops of London and +Rochester, had already departed the kingdom [d], when, Laurentius, +before he should entirely abandon his dignity, made one effort to +reclaim the king. He appeared before that prince, and, throwing off +his vestments, showed his body all torn with bruises and stripes, +which he had received. Eadbald, wondering that any man should have +dared to treat in that manner a person of his rank, was told by +Laurentius, that he had received this chastisement from St. Peter, the +prince of the Apostles, who had appeared to him in a vision, and, +severely reproving him for his intention to desert his charge, had +inflicted on him these visible marks of his displeasure [e]. Whether +Eadbald was struck with the miracle, or influenced by some other +motive, he divorced himself from his mother-in-law, and returned to +the profession of Christianity [f]: his whole people returned with +him. Eadbald reached not the fame or authority of his father, and +died in 640, after a reign of twenty-five years, leaving two sons, +Erminfred and Ercombert. +[FN [b] Will. Malm. p.10. [c] Wilkins Leges Sax. p. 13. [d] Bede, +lib. 2. cap. 5. [e] Ibid. lib. 2. cap. 6. Chron. Sax. p. 26. +Higden, lib. 5. [f] Brompton, p. 739.] + +Ercombert, though the younger son, by Emma, a French princess, found +means to mount the throne. He is celebrated by Bede for two exploits; +for establishing the fast of Lent in his kingdom, and for utterly +extirpating idolatry, which, notwithstanding the prevalence of +Christianity, had hitherto been tolerated by the two preceding +monarchs. He reigned twenty-four years, and left the crown to Egbert, +his son, who reigned nine years. This prince is renowned for his +encouragement of learning, but infamous for putting to death his two +cousin germans, sons of Erminfred, his uncle. The ecclesiastical +writers praise him for bestowing on his sister, Domnona, some lands in +the Isle of Thanet, where she founded a monastery. + +The bloody precaution of Egbert could not fix the crown on the head of +his son, Edric. Lothaire, brother of the deceased prince, took +possession of the kingdom, and, in order to secure the power in his +family, he associated with him Richard, his son, in the administration +of the government. Edric, the dispossessed prince, had recourse to +Edilwach, King of Sussex, for assistance, and being supported by that +prince, fought a battle with his uncle, who was defeated and slain. +Richard fled into Germany, and afterwards died in Lucca, a city of +Tuscany. William of Malmesbury ascribes Lothaire's bad fortune to two +crimes; his concurrence in the murder of his cousins, and his contempt +for relics [g]. +[FN [g] Will. Malm. p. 11.] + +Lothaire reigned eleven years; Edric, his successor, only two. Upon +the death of the latter, which happened in 686, Widred, his brother, +obtained possession of the crown. But as the succession had been of +late so much disjointed by revolutions and usurpations, faction began +to prevail among the nobility, which invited Ceodwalla, King of +Wessex, with his brother, Mollo, to attack the kingdom. These +invaders committed great devastations in Kent; but the death of Mollo, +who was slain in a skirmish [h], gave a short breathing-time to that +kingdom. Widred restored the affairs of Kent, and, after a reign of +thirty-two years [i], left the crown to his posterity. Eadbert, +Ethelbert, and Alric, his descendants, successively mounted the +throne. After the death of the last, which happened in 794, the royal +family of Kent was extinguished, and every factious leader who could +entertain hopes of ascending the throne, threw the state into +confusion [k]. Egbert, who first succeeded, reigned but two years; +Cuthred, brother to the King of Mercia, six years; Baldred, an +illegitimate branch of the royal family, eighteen; and, after a +troublesome and precarious reign, he was, in the year 827, expelled by +Egbert, King of Wessex, who dissolved the Saxon Heptarchy, and united +the several kingdoms under his dominion. +[FN [h] Higden, lib. 5. [i] Chron. Sax. p. 52 [k] Will. Malmes. lib. +1. cap. 1. p. 11.] + +[MN The kingdom of Northumberland.] +Adelfrid, King of Bernicia, having married Acca, the daughter of +Aella, King of Deiri, and expelled her infant brother, Edwin, had +united all the countries north of Humber into one monarchy, and +acquired a great ascendant in the Heptarchy. He also spread the +terror of the Saxon arms to the neighbouring people, and by his +victories over the Scots and Picts, as well as Welsh, extended on all +sides the bounds of his dominions. Having laid siege to Chester, the +Britons marched out with all their forces to engage him, and they were +attended by a body of 1250 monks from the monastery of Bangor, who +stood at a small distance from the field of battle, in order to +encourage the combatants by their presence and exhortations. +Adelfrid, inquiring the purpose of this unusual appearance, was told, +that these priests had come to pray against him: THEN ARE THEY AS MUCH +OUR ENEMIES, said he, AS THOSE WHO INTEND TO FIGHT AGAINST US [l]: and +he immediately sent a detachment, who fell upon them, and did such +execution, that only fifty escaped with their lives [m]. The Britons, +astonished at this event, received a total defeat; Chester was obliged +to surrender; and Adelfrid, pursuing his victory, made himself master +of Bangor, and entirely demolished the monastery, a building so +extensive that there was a mile's distance from one gate of it to +another, and it contained two thousand one hundred monks, who are said +to have been there maintained by their own labour [n]. +[FN [l] Brompton, p. 779. [m] Trivet, apud Spell. Conc. p. 111. [n] +Bede, lib. 2. cap. 2. W. Malmes. lib. 1. cap. 3.] + +Notwithstanding Adelfrid's success in war, he lived in inquietude on +account of young Edwin, whom he had unjustly dispossessed of the crown +of Deiri. This prince, now grown to man's estate, wandered from place +to place in continual danger from the attempts of Adelfrid, and +received at last protection in the court of Redwald, King of the East +Angles, where his engaging and gallant deportment procured him general +esteem and affection. Redwald, however, was strongly solicited by the +King of Northumberland to kill or deliver up his guest; rich presents +were promised him if he would comply, and war denounced against him in +case of his refusal. After rejecting several messages of this kind, +his generosity began to yield to the motives of interest; and he +retained the last ambassador till he should come to a resolution in a +case of such importance. Edwin, informed of his friend's perplexity, +was yet determined at all hazards to remain in East Anglia, and +thought that if the protection of that court failed him, it were +better to die, than prolong a life so much exposed to the persecutions +of his powerful rival. This confidence in Redwald's honour and +friendship, with his other accomplishments, engaged the queen on his +side, and she effectually represented to her husband the infamy of +delivering up to certain destruction their royal guest, who had fled +to them for protection against his cruel and jealous enemies [o]. +Redwald, embracing more generous resolutions, thought it safest to +prevent Adelfrid, before that prince was aware of his intention, and +to attack him while he was yet unprepared for defence. He marched +suddenly with an army into the kingdom of Northumberland, and fought a +battle with Adelfrid, in which that monarch was defeated and killed, +after avenging himself by the death of Regner, son of Redwald [p]: his +own sons, Eanfrid, Oswald, and Oswy, yet infants, were carried into +Scotland, and Edwin obtained possession of the crown of +Northumberland. +[FN [o] W.. Malmes. lib. 1. cap. 3. H. Hunting. lib. 3 Bede [p] +Bede, lib. 2. cap. 12. Brompton, p. 781.] + +Edwin was the greatest prince of the Heptarchy in that age, and +distinguished himself, both by his influence over the other kingdoms +[q], and by the strict execution of justice in his own dominions. He +reclaimed his subjects from the licentious life to which they had been +accustomed; and it was a common saying, that during his reign a woman +or child might openly carry every where a purse of gold, without any +danger of violence or robbery. There is a remarkable instance, +transmitted to us, of the affection borne him by his servants. +Cuichelme, King of Wessex, was his enemy, but finding himself unable +to maintain open war against so gallant and powerful a prince, he +determined to use treachery against him, and he employed one Eumer for +that criminal purpose. The assassin, having obtained admittance by +pretending to deliver a message from Cuichelme, drew his dagger and +rushed upon the king. Lilla, an officer of his army, seeing his +master's danger, and having no other means of defence, interposed with +his own body between the king and Eumer's dagger, which was pushed +with such violence, that after piercing Lilla, it even wounded Edwin; +but before the assassin could renew his blow, he was despatched by +the king's attendants. +[FN [q] Chron. Sax. p. 27.] + +The East Angles conspired against Redwald, their king, and having put +him to death, they offered their crown to Edwin, of whose valour and +capacity they had had experience, while he resided among them. But +Edwin, from a sense of gratitude towards his benefactor, obliged them +to submit to Earpwold, the son of Redwald; and that prince preserved +his authority, though on a precarious footing, under the protection of +the Northumbrian monarch [r]. +[FN [r] Gul. Malmes. lib. 1. cap. 3.] + +Edwin, after his accession to the crown, married Ethelburga, the +daughter of Ethelbert, King of Kent. This princess, emulating the +glory of her mother, Bertha, who had been the instrument for +converting her husband and his people to Christianity, carried +Paullinus, a learned bishop, along with her [s]; and besides +stipulating a toleration for the exercise of her own religion, which +was readily granted her, she used every reason to persuade the king to +embrace it. Edwin, like a prudent prince, hesitated on the proposal, +but promised to examine the foundations of that doctrine, and declared +that, if he found them satisfactory, he was willing to be converted +[t]. Accordingly, he held several conferences with Paullinus; +canvassed the arguments propounded with the wisest of his counsellors; +retired frequently from company, in order to revolve alone that +important question; and after a serious and long inquiry, declared in +favour of the Christian religion [u]: the people soon after imitated +his example. Besides the authority and influence of the king, they +were moved by another striking example. Coifi, the high priest, being +converted after a public conference with Paullinus, led the way in +destroying the images which he had so long worshipped, and was forward +in making this atonement for his past idolatry [w]. +[FN [s] H. Hunting. lib. 3. [t] Bede, lib. 2. cap. 9. [u] Ibid. W. +Malmes. lib 1. cap. 3. [w] Bede, lib. 2. cap. 13. Brompton, Higden, +lib. 5.] + +This able prince perished with his son, Osfrid, in a great battle +which he fought against Penda, King of Mercia, and Caedwalla, King of +the Britons [x]. That event, which happened in the forty-eighth year +of Edwin's age, and seventeenth of his reign [y], divided the monarchy +of Northumberland, which that prince had united in his person. +Eanfrid, the son of Adelfrid, returned with his brothers, Oswald and +Oswy, from Scotland, and took possession of Bernicia, his paternal +kingdom: Osric, Edwin's cousin-german, established himself at Deiri, +the inheritance of his family, but to which the sons of Edwin had a +preferable title. Eanfrid, the elder surviving son, fled to Penda, by +whom he was treacherously slain. The younger son, Vuscfraea, with +Yffi, the grandson of Edwin, by Osfrid, sought protection in Kent, and +not finding themselves in safety there, retired into France to King +Dagobert, where they died [z]. +[FN [x] Matth. West. p. 114 Chron. Sax. p. 29. [y] W. Malmes. lib 1. +cap. 3. [z] Bede, lib. 2. cap. 20.] + +Osric, King of Deiri, and Eanfrid, of Bernicia, returned to paganism, +and the whole people seem to have returned with them; since Paullinus, +who was the first Archbishop of York, and who had converted them, +thought proper to retire with Ethelburga, the queen dowager, into +Kent. Both these Northumbrian kings perished soon after, the first in +battle against Caedwalla, the Briton; the second by the treachery of +that prince. Oswald, the brother of Eanfrid, of the race of Bernicia, +united again the kingdom of Northumberland in the year 634, and +restored the Christian religion in his dominions. He gained a bloody +and well-disputed battle against Caedwalla; the last vigorous effort +which the Britons made against the Saxons. Oswald is much celebrated +for his sanctity and charity by the monkish historians, and they +pretend that his relics wrought miracles, particularly the curing of a +sick horse, which had approached the place of his interment [a]. +[FN [a] Ibid. lib. 3. cap. 9.] + +He died in battle against Penda, King of Mercia, and was succeeded by +his brother Oswy, who established himself in the government of the +whole Northumbrian kingdom, by putting to death Oswin, the son of +Osric, the last king of the race of Deiri. His son Egfrid succeeded +him; who perishing in battle against the Picts, without leaving any +children, because Adelthrid, his wife, refused to violate her vow of +chastity, Alfred, his natural brother, acquired possession of the +kingdom, which he governed for nineteen years, and he left it to +Osred, his son, a boy of eight years of age. This prince, after a +reign of eleven years, was murdered by Kenred, his kinsman, who, after +enjoying the crown only a year, perished by a like fate. Osric, and +after him Celwulph, the son of Kenred, next mounted the throne, which +the latter relinquished in the year 735, in favour of Eadbert, his +cousin-german, who, imitating his predecessor, abdicated the crown, +and retired into a monastery. Oswolf, son of Eadbert, was slain in a +sedition, a year after his accession to the crown; and Mollo, who was +not of the royal family, seized the crown. He perished by the +treachery of Ailred, a prince of the blood; and Ailred, having +succeeded in his design upon the throne, was soon after expelled by +his subjects. Ethelred, his successor, the son of Mollo, underwent a +like fate. Celwold, the next king, the brother of Ailred, was deposed +and slain by the people, and his place was filled by Osred, his +nephew, who, after a short reign of a year, made way for Ethelbert, +another son of Mollo, whose death was equally tragical with that of +almost all his predecessors. After Ethelbert's death an universal +anarchy prevailed in Northumberland, and the people having, by so many +fatal revolutions, lost all attachment to their government and +princes, were well prepared for subjection to a foreign yoke, which +Egbert, King of Wessex, finally imposed upon them. + +[MN The kingdom of East Anglia.] +The history of this kingdom contains nothing memorable except the +conversion of Earpwold, the fourth king, and great-grandson of Uffa, +the founder of the monarchy. The authority of Edwin, King of +Northumberland, on whom that prince entirely depended, engaged him to +take this step; but soon after, his wife, who was an idolatress, +brought him back to her religion, and he was found unable to resist +those allurements which had seduced the wisest of mankind. After his +death, which was violent, like that of most of the Saxon princes that +did not early retire into monasteries, Sigebert, his successor and +half brother, who had been educated in France, restored Christianity, +and introduced learning among the East Angles. Some pretend that he +founded the university of Cambridge, or rather some schools in that +place. It is almost impossible, and quite needless, to be more +particular in relating the transactions of the East Angles. What +instruction or entertainment can it give the reader, to hear a long +bead-roll of barbarous names, Egric, Annas, Ethelbert, Ethelwald, +Aldulf; Elfwald, Beorne, Ethelred, Ethelbert, who successively +murdered, expelled, or inherited from each other, and obscurely filled +the throne of that kingdom? Ethelbert, the last of these princes, was +treacherously murdered by Offa, King of Mercia, in the year 792, and +his state was thenceforth united with that of Offa, as we shall relate +presently. + +[MN The kingdom of Mercia.] +Mercia, the largest if not the most powerful kingdom of the Heptarchy, +comprehended all the middle counties of England, and as its frontiers +extended to those of all the other six kingdoms, as well as to Wales, +it received its name from that circumstance. Wibba, the son of Crida, +founder of the monarchy, being placed on the throne, by Ethelbert, +King of Kent, governed his paternal dominions by a precarious +authority, and after his death, Ceorl, his kinsman, was, by the +influence of the Kentish monarch, preferred to his son Penda, whose +turbulent character appeared dangerous to that prince. Penda was thus +fifty years of age before he mounted the throne, and his temerity and +restless disposition were found nowise abated by time, experience, or +reflection. He engaged in continual hostilities against all the +neighbouring states, and by his injustice and violence rendered +himself equally odious to his own subjects and to strangers. +Sigebert, Egric, and Annas, three kings of East Anglia, perished +successively in battle against him, as did also Edwin and Oswald, the +two greatest princes that had reigned over Northumberland. At last +Oswy, brother to Oswald, having defeated and slain him in a decisive +battle, freed the world from this sanguinary tyrant. Peada, his son, +mounted the throne of Mercia in 655, and lived under the protection of +Oswy, whose daughter he had espoused. This princess was educated in +the Christian faith, and she employed her influence with success, in +converting her husband and his subjects to that religion. Thus the +fair sex have had the merit of introducing the Christian doctrine into +all the most considerable kingdoms of the Saxon Heptarchy. Peada +died a violent death [b]. His son, Wolfhere, succeeded to the +government, and, after having reduced to dependence the kingdoms of +Essex and East Anglia, he, left the crown to his brother Ethelred, +who, though a lover of peace, showed himself not unfit for military +enterprises. Besides making a successful expedition into Kent, he +repulsed Egfrid, King of Northumberland, who had invaded his +dominions; and he slew in battle Elfwin, the brother of that prince. +Desirous, however, of composing all animosities with Egfrid, he paid +him a sum of money as a compensation for the loss of his brother. +After a prosperous reign of thirty years, he resigned the crown to +Kendred, son of Wolfhere, and retired into the monastery of Bardney +[c]. Kendred returned the present of the crown to Ceolred, the son of +Ethelred, and making a pilgrimage to Rome, passed his life there in +penance and devotion. The place of Ceolred was supplied by Ethelbald, +great-grand-nephew to Penda, by Alwy, his brother; and this prince, +being slain in a mutiny, was succeeded by Offa, who was a degree more +remote from Penda, by Eawa, another brother. +[FN [b] Hugo Candidus, p. 4, says, that he was treacherously murdered +by his queen, by whose persuasion he had embraced Christianity; but +this account of the matter is found in that historian alone. [c] +Bede, lib. 5.] + +This prince, who mounted the throne in 775 [d], had some great +qualities, and was successful in his warlike enterprises against +Lothaire, King of Kent, and Kenwulph, King of Wessex. He defeated the +former in a bloody battle at Otford upon the Darent, and reduced his +kingdom to a state of dependence: he gained a victory over the latter +at Bensington in Oxfordshire; and conquering that county, together +with that of Gloucester, annexed both to his dominions. But all these +successes were stained by his treacherous murder of Ethelbert, King of +the East Angles, and his violent seizing of that kingdom. This young +prince, who is said to have possessed great merit, had paid his +addresses to Elfrida, the daughter of Offa, and was invited with all +his retinue to Hereford, in order to solemnize the nuptials. Amidst +the joy and festivity of these entertainments, he was seized by Offa, +and secretly beheaded; and though Elfrida, who abhorred her father's +treachery, had time to give warning to the East Anglian nobility, who +escaped into their own country, Offa, having extinguished the royal +family, succeeded in his design of subduing that kingdom [e]. The +perfidious prince, desirous of re-establishing his character in the +world, and perhaps of appeasing the remorses of his own conscience, +paid great court to the clergy, and practised all the monkish devotion +so much esteemed in that ignorant and superstitious age. He gave the +tenth of his goods to the church [f]; bestowed rich donations on the +cathedral of Hereford, and even made a pilgrimage to Rome, where his +great power and riches could not fail of procuring him the papal +absolution. The better to ingratiate himself with the sovereign +pontiff, he engaged to pay him a yearly donation for the support of an +English college at Rome [g]; and, in order to raise the sum, he +imposed the tax of a penny on each house possessed of thirty pence a +year. This imposition being afterwards levied on all England, was +commonly denominated Peter's Pence [h]: and though conferred at first +as a gift, was afterwards claimed as a tribute by the Roman pontiff. +Carrying his hypocrisy still farther, Offa, feigning to be directed by +a vision from heaven, discovered at Verulam the relics of St. Alban, +the martyr, and endowed a magnificent monastery in that place [i]. +Moved by all these acts of piety, Malmesbury, one of the best of the +old English historians, declares himself at a loss to determine [k] +whether the merits or crimes of this prince preponderated. Offa died +after a reign of thirty-nine years, in 794 [l]. +[FN [d] Chron. Sax. p. 59. [e] Brompton, p. 750, 751, 752. [f] Spell. +Conc. p. 308. Brompton, p. 776. [g] Spell. Conc. p. 230, 310, 312. +[h] Higden, lib. 5. [i] Ingulph. p. 5. W. Malmes. lib. 1. cap. 4. +[k] Lib. 1. cap. 4.] + +This prince was become so considerable in the Heptarchy, that the +Emperor Charlemagne entered into an alliance and friendship with him; +a circumstance which did honour to Offa, as distant princes at that +time had usually little communication with each other. That emperor +being a great lover of learning and learned men, in an age very barren +of that ornament, Offa, at his desire, sent him over Alcuin, a +clergyman, much celebrated for his knowledge, who received great +honours from Charlemagne, and even became his preceptor in the +sciences. The chief reason why he had at first desired the company of +Alcuin, was, that he might oppose his learning to the heresy of Felix, +Bishop of Urgel, in Catalonia, who maintained that Jesus Christ, +considered in his human nature, could more properly be denominated the +adoptive, than the natural son of God [m]. This heresy was condemned +in the council of Francfort, held in 794, and consisting of 300 +bishops. Such were the questions which were agitated in that age, and +which employed the attention not only of cloistered scholars, but of +the wisest and greatest princes [n]. +[FN [l] Chron. Sax. p. 65 [m] Dupin, cent. 8. chap. 4. [n] Offa, in +order to protect his country from Wales; drew a rampart or ditch of a +hundred miles in length, from Basinwerke in Flintshire, to the south- +sea near Bristol. See SPEED'S DESCRIPTION OF WALES.] + +Egfrith succeeded to his father Offa, but survived him only five +months [o], when he made way for Kenulph, a descendant of the royal +family. This prince waged war against Kent, and taking Egbert the +king prisoner, he cut off his hands, and put out his eyes, leaving +Cuthred, his own brother, in possession of the crown of that kingdom. +Kenulph was killed in an insurrection of the East Anglians, whose +crown his predecessor, Offa, had usurped. He left his son, Kenelm, a +minor, who was murdered the same year by his sister, Quendrade, who +had entertained the ambitious views of assuming the government [p]. +But she was supplanted by her uncle Ceolulf; who, two years after, was +dethroned by Beornulf. The reign of this usurper, who was not of the +royal family, was short and unfortunate: he was defeated by the West +Saxons, and killed by his own subjects, the East Angles [q]. Ludican, +his successor, underwent the same fate [r]; and Wiglaff, who mounted +this unstable throne, and found every thing in the utmost confusion, +could not withstand the fortune of Egbert, who united all the Saxon +kingdoms into one great monarchy. +[FN [o] Ingulph. p. 6. [p] Ibid. p. 7. Brompton, p. 776 [q] +Ingulph. p. 7. [r] Ann. Beverl. p. 87.] + +[MN The kingdom of Essex.] +This kingdom made no great figure in the Heptarchy, and the history of +it is very imperfect. Sleda succeeded to his father, Erkinwin, the +founder of' the monarchy, and made way for his son, Sebert, who, being +nephew to Ethelbert, King of Kent, was persuaded by that prince to +embrace the Christian faith [s]. His sons and conjunct successors, +Sexted and Seward, relapsed into idolatry, and were soon after slain +in a battle against the West Saxons. To show the rude manner of +living in that age, Bede tells us [t], that these two kings expressed +great desire to eat the white bread, distributed by Mellitus, the +bishop, at the [u] communion. But on his refusing them, unless they +would submit to be baptized, they expelled him their dominions. The +names of the other princes who reigned successively in Essex, are +Sigebert the Little, Sigebert the Good who restored Christianity, +Swithelm, Sigheri, Offa. This last prince, having made a vow of +chastity, notwithstanding his marriage with Keneswitha, a Mercian +princess, daughter to Penda, went in pilgrimage to Rome, and shut +himself up during the rest of his life in a cloister. Selred, his +successor, reigned thirty-eight years, and was the last of the royal +line; the failure of which threw the kingdom into great confusion, and +reduced it to dependence under Mercia [w]. Switherd first acquired +the crown, by the concession of the Mercian princes, and his death +made way for Sigeric, who ended his life in a pilgrimage to Rome. His +successor, Sigered, unable to defend his kingdom, submitted to the +victorious arms of Egbert. +[FN [s] Chron. Sax. p. 24. [t] Lib. 2. cap. 5. [u] H. Hunting. lib. +3. Brompton, p. 738, 743. Bede. [w] Malmes lib. 1. cap. 6.] + +[MN The kingdom of Sussex.] +The history of this kingdom, the smallest in the Heptarchy, is still +more imperfect than that of Essex. Aella, the founder of the +monarchy, left the crown to his son Cissa, who is chiefly remarkable +for his long reign of seventy-six years. During his time, the South +Saxons fell almost into a total dependence on the kingdom of Wessex, +and we scarcely know the names of the princes who were possessed of +this titular sovereignty. Adelwalch, the last of them, was subdued in +battle by Ceodwalla, King of Wessex, and was slain in the action, +leaving two infant sons, who, falling into the hand of the conqueror, +were murdered by him. The Abbot of Retford opposed the order for this +execution, but could only prevail on Ceodwalla to suspend it till they +should be baptized. Bercthun and Audhun, two noblemen of character, +resisted some time the violence of the West Saxons, but their +opposition served only to prolong the miseries of their country, and +the subduing of this kingdom was the first step which the West Saxons +made towards acquiring the sole monarchy of England [x]. +[FN [x] Brompton, p. 800.] + +[MN The Kingdom of Wessex.] +The kingdom of Wessex, which finally swallowed up all the other Saxon +states, met with great resistance on its first establishment: and the +Britons, who were now inured to arms, yielded not tamely their +possessions to those invaders. Cerdic, the founder of the monarchy, +and his son, Kenric, fought many successful, and some unsuccessful, +battles against the natives; and the martial spirit, common to all the +Saxons, was, by means of these hostilities, carried to the greatest +height, among this tribe. Ceaulin, who was the son and successor of +Kenric, and who began his reign in 560, was still more ambitious and +enterprising than his predecessors, and by waging continual war +against the Britons, he added a great part of the counties of Devon +and Somerset to his other dominions. Carried along by the tide of +success, he invaded the other Saxon states in his neighbourhood, and +becoming terrible to all, he provoked a general confederacy against +him. This alliance proved successful under the conduct of Ethelbert, +King of Kent; and Ceaulin, who had lost the affections of his own +subjects by his violent disposition, and had now fallen into contempt +from his misfortunes, was expelled the throne [y], and died in exile +and misery. Cuichelme and Cuthwin, his sons, governed jointly the +kingdom, till the expulsion of the latter in 591, and the death of the +former in 593, made way for Cealric, to whom succeeded Ceobald in 593, +by whose death, which happened in 611, Kynegils inherited the crown. +This prince embraced Christianity [z], through the persuasion of +Oswald, King of Northumberland, who had married his daughter, and who +had attained a great ascendant in the Heptarchy. Kenwalch next +succeeded to the monarchy, and dying in 672, left the succession so +much disputed, that Sexburga, his widow, a woman of spirit [a], kept +possession of the government till her death, which happened two years +after. Escwin then peaceably acquired the crown, and after a short +reign of two years made way for Kentwin, who governed nine years. +Ceodwalla, his successor, mounted not the throne without opposition, +but proved a great prince according to the ideas of those times; that +is, he was enterprising, warlike, and successful. He entirely subdued +the kingdom of Sussex, and annexed it to his own dominions. He made +inroads into Kent, but met with resistance from Widred, the king, who +proved successful against Mollo, brother to Ceodwalla, and slew him in +a skirmish. Ceodwalla, at last, tired with wars and bloodshed, was +seized with a fit of devotion; bestowed several endowments on the +church; and made a pilgrimage to Rome, where he received baptism, and +died in 689. Ina, his successor, inherited the military virtues of +Ceodwalla, and added to them the more valuable ones of justice, +policy, and prudence. He made war upon the Britons in Somerset, and +having finally subdued that province, he treated the vanquished with a +humanity hitherto unknown to the Saxon conquerors. He allowed the +proprietors to retain possession of their lands, encouraged marriages +and alliances between them and his ancient subjects, and gave them the +privilege of being governed by the same laws. These laws he augmented +and ascertained, and though he was disturbed by some insurrections at +home, his long reign of thirty-seven years may be regarded as one of +the most glorious and most prosperous of the Heptarchy. In the +decline of his age he made a pilgrimage to Rome, and after his return, +shut himself up in a cloister, where he died. +[FN [y] Chron. Sax. p. 22. [z] Higden, lib. 5. Chron. Sax. p. 15. +Ann. Beverl. p. 93. [a] Bede, lib 4 cap 12. Chron. Sax. p. 41.] + +Though the kings of Wessex had always been princes of the blood, +descended from Cerdic, the founder of the monarchy, the order of +succession had been far from exact, and a more remote prince had often +found means to mount the throne in preference to one descended from a +nearer branch of the royal family. Ina, therefore, having no children +of his own, and lying much under the influence of Ethelburga, his +queen, left by will the succession to Adelard, her brother, who was +his remote kinsman; but this destination did not take place without +some difficulty. Oswald, a prince more nearly allied to the crown, +took arms against Adelard; but he being suppressed, and dying soon +after, the title of Adelard was not any farther disputed, and, in the +year 741, he was succeeded by his cousin, Cudred. The reign of this +prince was distinguished by a great victory, which he obtained by +means of Edelhun, his general, over Ethelbald, King of Mercia. His +death made way for Sigebert, his kinsman, who governed so ill, that +his people rose in an insurrection and dethroned him, crowning Cenulph +in his stead. The exiled prince found a refuge with Duke Cumbran, +governor of Hampshire, who, that he might add new obligations to +Sigebert, gave him many salutary counsels for his future conduct, +accompanied with some reprehensions for the past. But these were so +much resented by the ungrateful prince, that he conspired against the +life of his protector, and treacherously murdered him. After this +infamous action, he was forsaken by all the world, and skulking about +in the wilds and forests, was at last discovered by a servant of +Cumbran's, who instantly took revenge upon him for the murder of his +master [b]. +[FN [b] Higden, lib. 5. W. Malmes. lib. 1. cap. 2.] + +Cenulph, who had obtained the crown on the expulsion of Sigebert, was +fortunate in many expeditions against the Britons of Cornwall, but +afterwards lost some reputation by his ill success against Offa, King +of Mercia [c]. Kynehard also, brother to the deposed Sigebert, gave +him disturbance, and though expelled the kingdom, he hovered on the +frontiers, and watched an opportunity for attacking his rival. The +king had an intrigue with a young woman who lived at Merton in Surrey, +whither having secretly retired, he was on a sudden environed, in the +night time, by Kynehard and his followers, and, after making a +vigorous resistance, was murdered with all his attendants. The +nobility and people of the neighbourhood, rising next day in arms, +took revenge on Kynehard for the slaughter of their king, and put +every one to the sword who had been engaged in that criminal +enterprise. This event happened in 784. +[FN [c] W. Malmes. lib. 1. cap 3.] + +Brithric next obtained possession of the government, though remotely +descended from the royal family, but he enjoyed not that dignity +without inquietude. Eoppa, nephew to King Ina, by his brother Ingild, +who died before that prince, had begot Eta, father to Alchmond, from +whom sprung Egbert [d], a young man of the most promising hopes, who +gave great jealousy to Brithric, the reigning prince, both because he +seemed by his birth better entitled to the crown, and because he had +acquired, to an eminent degree, the affections of the people. Egbert, +sensible of his danger from the suspicions of Brithric, secretly +withdrew into France [e], where he was well received by Charlemagne. +By living in the court, and serving in the armies of that prince, the +most able and most generous that had appeared in Europe during several +ages, he acquired those accomplishments which afterwards enabled him +to make such a shining figure on the throne; and familiarizing himself +to the manners of the French, who, as Malmesbury observes [f], were +eminent both for valour and civility above all the western nations, he +learned to polish the rudeness and barbarity of the Saxon character: +his early misfortunes thus proved of singular advantage to him. +[FN [d] Chron. Sax. p. 16. [e] H. Hunting. lib. 4. [f] Lib. 2 cap. +11.] + +It was not long ere Egbert had opportunities of displaying his natural +and acquired talents. Brithric, King of Wessex, had married Eadburga, +natural daughter of Offa, King of Mercia, a profligate woman, equally +infamous for cruelty and for incontinence. Having great influence +over her husband, she often instigated him to destroy such of the +nobility as were obnoxious to her; and where this expedient failed, +she scrupled not being herself active in traitorous attempts against +them. She had mixed a cup of poison for a young nobleman who had +acquired her husband's friendship, and had on that account become the +object of her jealousy; but, unfortunately, the king drank of the +fatal cup along with his favourite, and soon after expired [g]. This +tragical incident, joined to her other crimes, rendered Eadburga so +odious, that she was obliged to fly into France, whence Egbert was at +the same time recalled by the nobility, in order to ascent the throne +of his ancestors [h]. He attained that dignity in the last year of +the eighth century. +[FN [g] Higden, lib. 5. M. West. p. 152. Asser. in vita Alfredi, p. +3. ex edit. Camdeni. [h] Chron. Sax. A. D. 800. Brompton, p. 801.] + +In the kingdoms of the Heptarchy, an exact rule of succession was +either unknown or not strictly observed, and thence the reigning +prince was continually agitated with jealousy against all the princes +of the blood, whom he still considered as rivals, and whose death +alone could give him entire security in his possession of the throne. +From this fatal cause, together with the admiration of the monastic +life, and the opinion of merit attending the preservation of chastity +even in a married state, the royal families had been entirely +extinguished in all the kingdoms except that of Wessex, and the +emulations, suspicions, and conspiracies, which had formerly been +confined to the princes of the blood alone, were now diffused among +all the nobility in the several Saxon states. Egbert was the sole +descendant of those first conquerors who subdued Britain, and who +enhanced their authority by claiming a pedigree from Woden, the +supreme divinity of their ancestors. But that prince, though invited +by this favourable circumstance to make attempts on the neighbouring +Saxons, gave them for some time no disturbance, and rather chose to +turn his arms against the Britons in Cornwall, whom he defeated in +several [i] battles. He was recalled from the conquest of that +country by an invasion made upon his dominions by Bernulf, King of +Mercia. +[FN [i] Chron. Sax. p. 69.] + +The Mercians, before the accession of Egbert, had very nearly attained +the absolute sovereignty in the Heptarchy; they had reduced the East +Angles under subjection, and established tributary princes in the +kingdoms of Kent and Essex. Northumberland was involved in anarchy; +and no state of any consequence remained but that of Wessex, which, +much inferior in extent to Mercia, was supported solely by the great +qualities of its sovereign. Egbert led his army against the invaders, +and encountering them at Ellandun, in Wiltshire, obtained a complete +victory, and by the great slaughter which he made of them in their +flight, gave a mortal blow to the power of the Mercians. Whilst he +himself, in prosecution of his victory, entered their country on the +side of Oxfordshire, and threatened the heart of their dominions, he +sent an army into Kent, commanded by Ethelwolf, his eldest son [k], +and expelling Baldred, the tributary king, soon made himself master of +that country. The kingdom of Essex was conquered with equal facility, +and the East Angles, from their hatred to the Mercian government, +which had been established over them by treachery and violence, and +probably exercised with tyranny, immediately rose in arms, and craved +the protection of Egbert [l]. Bernulf, the Mercian king, who marched +against them, was defeated and slain; and two years after, Ludican, +his successor, met with the same fate. These insurrections and +calamities facilitated the enterprises of Egbert, who advanced into +the centre of the Mercian territories, and made easy conquests over a +dispirited and divided people. In order to engage them more easily to +submission, he allowed Wiglef, their countryman, to retain the title +of king, while he himself exercised the real powers of sovereignty +[m]. The anarchy which prevailed in Northumberland, tempted him to +carry still farther his victorious arms; and the inhabitants, unable +to resist his power, and desirous of possessing some established form +of government, were forward, on his first appearance, to send +deputies, who submitted to his authority, and swore allegiance to him +as their sovereign. Egbert, however, still allowed to Northumberland, +as he had done to Mercia and East Anglia, the power of electing a +king, who paid him tribute, and was dependent on him. +[FN [k] Ethelward, lib. 3. cap. 2. [1] Ethelward, lib. 3. cap. 3. +[m] Ingulph. p. 7, 8, 10] + +Thus were united all the kingdoms of the Heptarchy in one great state, +near four hundred years after the first arrival of the Saxons in +Britain, and the fortunate arms and prudent policy of Egbert at last +effected what had been so often attempted in vain by so many princes +[n]. Kent, Northumberland, and Mercia, which had successively aspired +to general dominion, were now incorporated in his empire, and the +other subordinate kingdoms seemed willingly to share the same fate. +His territories were nearly of the same extent with what is now +properly called England; and a favourable prospect was afforded to the +Anglo-Saxons, of establishing a civilized monarchy, possessed of +tranquillity within itself, and secure against foreign invasion. This +great event happened in the year 827 [o]. +[FN [n] Chron. Sax. p. 71. [o] Ibid.] + +The Saxons, though they had been so long settled in the island, seem +not as yet to have been much improved beyond their German ancestors, +either in arts, civility, knowledge, humanity, justice, or obedience +to the laws. Even Christianity, though it opened the way to +connexions between them and the more polished states of Europe, had +not hitherto been very effectual in banishing their ignorance, or +softening their barbarous manners. As they received that doctrine +through the corrupted channels of Rome, it carried along with it a +great mixture of credulity and superstition, equally destructive to +the understanding and to morals. The reverence towards saints and +relics seems to have almost supplanted the adoration of the Supreme +Being. Monastic observances were esteemed more meritorious than the +active virtues; the knowledge of natural causes were neglected from +the universal belief of miraculous interpositions and judgments; +bounty to the church atoned for every violence against society; and +the remorses for cruelty, murder, treachery, assassination, and the +more robust vices, were appeased, not by amendment of life, but by +penances, servility to the monks, and an abject and illiberal devotion +[p]. The reverence for the clergy had been carried to such a height, +that, wherever a person appeared in a sacerdotal habit, though on the +high way, the people flocked around him, and, showing him all marks of +profound respect, received every word he uttered as the most sacred +oracle [q]. Even the military virtues, so inherent in all the Saxon +tribes, began to be neglected; and the nobility, preferring the +security and sloth of the cloister to the tumults and glory of war, +valued themselves chiefly on endowing monasteries, of which they +assumed the government [r]. The several kings, too, being extremely +impoverished by continual benefactions to the church to which the +states of their kingdoms had weakly assented, could bestow no rewards +on valour or military services, and retained not even sufficient +influence to support their government [s]. +[FN [p] These abuses were common to all the European churches, but the +priests in Italy, Spain, and Gaul made some atonement for them, by +other advantages which they rendered society. For several ages, they +were almost all Romans, or, in other words, the ancient natives, and +they preserved the Roman language and laws, with some remains of the +former civility. But the priests in the Heptarchy, after the first +missionaries, were wholly Saxons, and almost as ignorant and barbarous +as the laity. They contributed, therefore, little to the improvement +of society in knowledge or the arts. [q] Bede, lib 3. cap. 26. [r] +Ibid. lib. 5. cap. 23. Epistola Bedae ad Egbert. [s] Bedae Epist. ad +Egbert.] + +Another inconvenience which attended this corrupt species of +Christianity, was the superstitious attachment to Rome, and the +gradual subjection of the kingdom to a foreign jurisdiction. The +Britons, having never acknowledged any subordination to the Roman +pontiff, had conducted all ecclesiastical government by their domestic +synods and councils [t]; but the Saxons, receiving their religion from +Roman monks, were taught at the same time a profound reverence for +that see, and were naturally led to regard it as the capital of their +religion. Pilgrimages to Rome were represented as the most +meritorious acts of devotion. Not only noblemen and ladies of rank +undertook this tedious journey [u], but kings themselves, abdicating +their crowns, sought for a secure passport to heaven at the feet of +the Roman pontiff; new relics, perpetually sent from that endless mint +of superstition, and magnified by lying miracles, invented in +convents, operated on the astonished minds of the multitude; and every +prince has attained the eulogies of the monks, the only historians of +those ages, not in proportion to his civil and military virtues, but +to his devoted attachment towards their order, and his superstitious +reverence for Rome. +[FN [t] Append. to Bede, numb. 10. ex edit, 1722. Spellm. Conc. p. +108, 109. [u] Bede, lib. 5. c. 7.] + +The sovereign pontiff, encouraged by this blindness and submissive +disposition of the people, advanced every day in his encroachments on +the independence of the English churches. Wilfrid, Bishop of +Lindisferne, the sole prelate of the Northumbrian kingdom, increased +this subjection in the eighth century, by his making an appeal to Rome +against the decisions of an English synod, which had abridged his +diocese by the erection of some new bishoprics [w]. Agatho, the pope, +readily embraced this precedent of an appeal to his court; and +Wilfrid, though the haughtiest and most luxurious prelate of his age +[x], having obtained with the people the character of sanctity, was +thus able to lay the foundation of this papal pretension. +[FN [w] See Appendix to Bede, numb. 19. Higden, lib. 5. [x] Eddius, +vita Vilfr. § 24, 60] + +The great topic by which Wilfrid confounded the imaginations of men +was, that St. Peter, to whose custody the keys of heaven were +intrusted, would certainly refuse admittance to every one who should +be wanting in respect to his successor. This conceit, well suited to +vulgar conceptions, made great impression on the people during several +ages, and has not even at present lost all influence in the catholic +countries. + +Had this abject superstition produced general peace and tranquillity, +it had made some atonement for the ill attending it; but besides the +usual avidity of men for power and riches, frivolous controversies in +theology were engendered by it, which were so much the more fatal, as +they admitted not, like the others, of any final determination from +established possession. The disputes excited in Britain were of the +most ridiculous kind, and entirely worthy of those ignorant and +barbarous ages. There were some intricacies, observed by all the +Christian churches, in adjusting the day of keeping Easter, which +depended on a complicated consideration of the course of the sun and +moon: and it happened that the missionaries, who had converted the +Scots and Britons, had followed a different calendar from that which +was observed at Rome in the age when Augustine converted the Saxons. +The priests also of all the Christian churches were accustomed to +shave part of their head; but the form given to this tonsure was +different in the former from what was practised in the latter. The +Scots and Britons pleaded the antiquity of THEIR usages; the Romans, +and their disciples, the Saxons, insisted on the universality of +THEIRS. That Easter must necessarily be kept by a rule, which +comprehended both the day of the year and age of the moon, was agreed +by all; that the tonsure of a priest could not be omitted without the +utmost impiety, was a point undisputed; but the Romans and Saxons +called their antagonists schismatics, because they celebrated Easter +on the very day of the full moon in March, if that day fell on a +Sunday, instead of waiting till the Sunday following; and because they +shaved the forepart of their head from ear to ear, instead of making +that tonsure on the crown of the head, and in a circular form. In +order to render their antagonists odious, they affirmed, that once in +seven years, they concurred with the Jews in the time of celebrating +that festival [y]; and that they might recommend their own form of +tonsure, they maintained that it imitated symbolically the crown of +thorns worn by Christ in his passion, whereas the other form was +invented by Simon Magus, without any regard to that representation +[z]. These controversies had, from the beginning, excited such +animosity between the British and Romish priests, that, instead of +concurring in their endeavours to convert the idolatrous Saxons, they +refused all communion together, and each regarded his opponent as no +better than a pagan [a]. The dispute lasted more than a century, and +was at last finished, not by men’s discovering the folly of it, which +would have been too great an effort for human reason to accomplish, +but by the entire prevalence of the Romish ritual over the Scotch and +British [b]. Wilfrid, Bishop of Lindisferne, acquired great merit, +both with the court of Rome and with all the Southern Saxons, by +expelling the quartodeciman schism, as it was called, from the +Northumbrian kingdom, into which the neighbourhood of the Scots had +formerly introduced it [c]. +[FN [y] Bede, lib. 2. cap. 19. [z] Ibid. lib. 5. cap. 21. Eddius, +Sec. 24. [a] Bede, lib. 2. cap. 2. 4. 20. Eddius, Sec. 12. [b] +Bede, lib. 5. cap. 16, 22. [c] Bede, lib. 3. cap. 25. Eddius, Sec. +12] + +Theodore, Archbishop of Canterbury, called, in the year 680, a synod +at Hatfield, consisting of all the bishops in Britain [d], where was +accepted and ratified the decree of the Lateran council, summoned by +Martin, against the heresy of the Monothelites. The council and synod +maintained, in opposition to these heretics, that though the divine +and human nature in Christ made but one person, yet they had different +inclinations, wills, acts, and sentiments, and that the unity of the +person implied not unity in the consciousness [e]. This opinion it +seems somewhat difficult to comprehend; and no one, unacquainted with +the ecclesiastical history of those ages, could imagine the height of +zeal and violence with which it was then inculcated. The decree of +the Lateran council calls the Monothelites impious, execrable, wicked, +abominable, and even diabolical; and curses and anathematizes them to +all eternity [f]. +[FN [d] Spell. Conc. vol. 1. p. 168. [e] Spell. Conc. vol. 1. p. 171. +[f] Ibid. p. 172, 173, 174.] + +The Saxons, from the first introduction of Christianity among them, +had admitted the use of images; and perhaps, that religion, without +some of those exterior ornaments, had not made so quick a progress +with these idolaters: but they had not paid any species of worship or +address to images; and this abuse never prevailed among Christians, +till it received the sanction of the second council of Nice. + + + + +CHAPTER II. + +EGBERT.--ETHELWOLF.--ETHELBALD AND ETHELBERT.--ETHERED.—ALFRED THE +GREAT.--EDWARD THE ELDER.--ATHELSTAN.--EDMUND.—-EDRED--EDWY.--EDGAR.-- +EDWARD THE MARTYR. + + + +[MN Egbert 827.] +The kingdoms of the Heptarchy, though united by so recent a conquest, +seemed to be firmly cemented into one state under Egbert; and the +inhabitants of the several provinces had lost all desire of revolting +from that monarch, or of restoring their former independent +governments. Their language was every where nearly the same, their +customs, laws, institutions, civil and religious; and as the race of +the ancient kings was totally extinct in all the subjected states, the +people readily transferred their allegiance to a prince who seemed to +merit it by the splendour of his victories, the vigour of his +administration, and the superior nobility of his birth. A union also +in government opened to them the agreeable prospect of future +tranquillity; and it appeared more probable that they would henceforth +become formidable to their neighbours, than be exposed to their +inroads and devastations. But these flattering views were soon +overcast by the appearance of the Danes, who, during some centuries, +kept the Anglo-Saxons in perpetual inquietude, committed the most +barbarous ravages upon them, and at last reduced them to grievous +servitude. + +The Emperor Charlemagne, though naturally generous and humane, had +been induced by bigotry to exercise great severities upon the pagan +Saxons in Germany, whom he subdued; and besides often ravaging their +country with fire and sword, he had in cool blood decimated all the +inhabitants for their revolts, and had obliged them, by the most +rigorous edicts, to make a seeming compliance with the Christian +doctrine. That religion, which had easily made its way among the +British Saxons by insinuation and address, appeared shocking to their +German brethren, when imposed on them by the violence of Charlemagne, +and the more generous and warlike of these pagans had fled northward +into Jutland, in order to escape the fury of his persecutions. +Meeting there with a people of similar manners, they were readily +received among them; and they soon stimulated the natives to concur in +enterprises, which both promised revenge on the haughty conqueror, and +afforded subsistence to those numerous inhabitants with which the +northern countries were now overburdened [g]. They invaded the +provinces of France, which were exposed by the degeneracy and +dissensions of Charlemagne’s posterity; and being there known under +the general name of Normans, which they received from their northern +situation, they became the terror of all the maritime and even of the +inland countries. They were also tempted to visit England in their +frequent excursions; and being able, by sudden inroads, to make great +progress over a people who were not defended by any naval force, who +had relaxed their military institutions, and who were sunk into a +superstition which had become odious to the Danes and ancient Saxons, +they made no distinction in their hostilities between the French and +English kingdoms. Their first appearance in this island was in the +year 787 [h], when Brithric reigned in Wessex. A small body of them +landed in that kingdom, with a view of learning the state of the +country; and when the magistrate of the place questioned them +concerning their enterprise, and summoned them to appear before the +king, and account for their intentions, they killed him, and, flying +to their ships, escaped into their own country. The next alarm was +given to Northumberland in the year 794 [i], when a body of these +pirates pillaged a monastery: but their ships being much damaged by a +storm, and their leader slain in a skirmish, they were at last +defeated by the inhabitants, and the remainder of them put to the +sword. Five years after Egbert had established his monarchy over +England, the Danes landed in the Isle of Shepey, and having pillaged +it, escaped with impunity [k]. They were not so fortunate in their +next year’s enterprise, when they disembarked from thirty-five ships, +and were encountered by Egbert, at Charmouth, in Dorsetshire. The +battle was bloody; but though the Danes lost great numbers, they +maintained the post they had taken, and thence made good their retreat +to their ships [l]. Having learned by experience, that they must +expect a vigorous resistance from this warlike prince, they entered +into an alliance with the Britons of Cornwall, and landing two years +after in that country, made an inroad with their confederates into the +county of Devon, but were met at Hengesdown by Egbert, and totally +defeated [m]. While England remained in this state of anxiety, and +defended itself more by temporary expedients than by any regular plan +of administration, Egbert, who alone was able to provide effectually +against this new evil, unfortunately died [MN 838.], and left the +government to his son Ethelwolf. +[FN [g] Ypod. Neustria, p. 414. [h] Chron. Sax. p. 64. [i] Chron. +Sax. p 64. Alur. Beverl. p. 108. [k] Chron. Sax. p. 72. [l] Chron. +Sax. p. 72. Ethelward, lib. 3. cap. 2. [m] Chron. Sax. p. 72.] + +[MN Ethelwolf.] +This prince had neither the abilities nor the vigour of his father; +and was better qualified for governing a convent than a kingdom [n]. +He began his reign with making a partition of his dominions, and +delivering over to his eldest son, Athelstan, the new-conquered +provinces of Essex, Kent, and Sussex. But no inconveniences seem to +have risen from this partition, as the continual terror of the Danish +invasions prevented all domestic dissension. A fleet of these +ravagers, consisting of thirty-three sail, appeared at Southampton, +but were repulsed with loss by Wolfhere, governor of the neighbouring +county [o]. The same year, Aethelhelm, governor of Dorsetshire, +routed another band which had disembarked at Portsmouth, but he +obtained the victory after a furious engagement, and he bought it with +the loss of his life [p]. Next year the Danes made several inroads +into England, and fought battles, or rather skirmishes, in East Anglia +and Lindesey and Kent, where, though they were sometimes repulsed and +defeated, they always obtained their end of committing spoil upon the +country, and carrying off their booty. They avoided coming to a +general engagement, which was not suited to their plan of operations. +Their vessels were small, and ran easily up the creeks and rivers, +where they drew them ashore, and having formed an entrenchment round +them, which they guarded with part of their number, the remainder +scattered themselves every where, and carrying off the inhabitants and +cattle and goods, they hastened to their ships and quickly +disappeared. If the military force of the county were assembled, (for +there was no time for troops to march from a distance,) the Danes +either were able to repulse them, and to continue their ravages with +impunity, or they betook themselves to their vessels, and setting +sail, suddenly invaded some distant quarter, which was not prepared +for their reception. Every part of England was held in continual +alarm, and the inhabitants of one county durst not give assistance to +those of another, lest their own families and property should in the +mean time be exposed by their absence to the fury of these barbarous +ravagers [q]. All orders of men were involved in this calamity, and +the priests and monks, who had been commonly spared in the domestic +quarrels of the Heptarchy, were the chief objects on which the Danish +idolators exercised their rage and animosity. Every season of the +year was dangerous, and the absence of the enemy was no reason why any +man could esteem himself a moment in safety. +[FN [n] Wm. Malmes. lib. 2. cap. 2. [o] Chron. Sax. p. 73. +Ethelward, lib. 3. [p] Chron. Sax. p. 73. H. Hunting. lib. 5. [q] +Alured. Beverl. p. 108.] + +[MN 851.] +These incursions had now become almost annual, when the Danes, +encouraged by their successes against France as well as England, (for +both kingdoms were alike exposed to this dreadful calamity,) invaded +the last in so numerous a body, as seemed to threaten it with +universal subjection. But the English, more military than the +Britons, whom a few centuries before they had treated with like +violence, roused themselves with a vigour proportioned to the +exigency. Ceorle, governor of Devonshire, fought a battle with one +body of the Danes at Wiganburgh [r], and put them to rout with great +slaughter. King Athelstan attacked another at sea near Sandwich, sunk +nine of their ships, and put the rest to flight [s]. A body of them, +however, ventured, for the first time, to take up winter quarters in +England; and receiving in the spring a strong reinforcement of their +countrymen in 350 vessels, they advanced from the Isle of Thanet, +where they had stationed themselves, burnt the cities of London and +Canterbury, and having put to flight Brichtric, who now governed +Mercia under the title of king, they marched into the heart of Surrey, +and laid every place waste around them. Ethelwolf, impelled by the +urgency of the danger, marched against them at the head of the West +Saxons, and carrying with him his second son, Ethelbald, gave them +battle at Okely, and gained a bloody victory over them. This +advantage procured but a short respite to the English. The Danes +still maintained their settlement in the Isle of Thanet, and being +attacked by Ealher and Huda, governors of Kent and Surrey, though +defeated in the beginning of the action, they finally repulsed the +assailants [MN 853.], and killed both the governors. They removed +thence to the Isle of Shepey; where they took up their winter +quarters, that they might farther extend their devastation and +ravages. +[FN [r] H. Hunt. lib. 5 Ethelward, lib. 3. cap. 3. Simeon Dunelm. p. +120. [s] Chron. Sax. p. 74. Asserius, p. 2.] + +This unsettled state of England hindered not Ethelwolf from making a +pilgrimage to Rome, whither he carried his fourth and favourite son, +Alfred, then only six years of age [t]. He passed there a twelvemonth +in exercises of devotion, and failed not in that most essential part +of devotion, liberality to the church of Rome. Besides giving +presents to the more distinguished ecclesiastics, he made a perpetual +grant of three hundred mancuses [u] a year to that see; one-third to +support the lamps of St. Peter’s, another those of St. Paul’s, a third +to the pope himself [w]. In his return home he married Judith, +daughter of the emperor, Charles the Bald, but on his landing in +England, he met with an opposition which he little looked for. +[FN [t] Asserius, p. 2. Chron. Sax. 76. Hunt. lib. 5. [u] A mancus +was about the weight of our present half-crown: see Spellman’s +Glossary, IN VERBO Mancus. [w] W. Malmes. lib. 2. cap 2.] + +His eldest son, Athelstan, being dead, Ethelbald, his second, who had +assumed the government, formed, in concert with many of the nobles, +the project of excluding his father from a throne, which his weakness +and superstition seemed to have rendered him so ill-qualified to fill. +The people were divided between the two princes, and a bloody civil +war, joined to all the other calamities under which the English +laboured, appeared inevitable, when Ethelwolf had the facility to +yield to the greater part of his son’s pretensions. He made with him +a partition of the kingdom, and taking to himself the eastern part, +which was always at that time esteemed the least considerable, as well +as the most exposed [x], he delivered over to Ethelbald the +sovereignty of the western. Immediately after, he summoned the states +of the whole kingdom, and with the same facility conferred a perpetual +and important donation on the church. +[FN [x] Asserius, p. 3. W. Malmes. lib. 2. cap. 2. Matth. West. p. +1, 8.] + +The ecclesiastics, in those days of ignorance, made rapid advances in +the acquisition of power and grandeur; and inculcating the most absurd +and most interested doctrines, though they sometimes met, from the +contrary interests of the laity, with an opposition which it required +time and address to overcome, they found no obstacle in their reason +or understanding. Not content with the donations of land made them by +the Saxon princes and nobles, and with temporary oblations, from the +devotion of the people, they had cast a wishful eye on a vast revenue, +which they claimed as belonging to them by a sacred and indefeasible +title. However little versed in the Scriptures, they had been able to +discover that, under the Jewish law, a tenth of all the produce of +land was conferred on the priesthood; and forgetting, what they +themselves taught, that the moral part only of that law was obligatory +on Christians, they insisted that this donation conveyed a perpetual +property, inherent by divine right in those who officiated at the +altar. During some centuries, the whole scope of sermons and homilies +was directed to this purpose, and one would have imagined, from the +general tenor of these discourses, that all the practical parts of +Christianity were comprised in the exact and faithful payment of +tithes to the clergy [y]. Encouraged by their success in inculcating +these doctrines, they ventured farther than they were warranted even +by the Levitical law, and pretended to draw the tenth of all industry, +merchandise, wages of labourers, and pay of soldiers [z]; nay, some +canonists went so far as to affirm, that the clergy were entitled to +the tithe of the profits made by courtesans in the exercise of their +profession [a]. Though parishes had been instituted in England by +Honorius, Archbishop of Canterbury, near two centuries before [b], the +ecclesiastics had never yet been able to get possession of the tithes; +they therefore seized the present favourable opportunity of making +that acquisition, when a weak, superstitious prince filled the throne, +and when the people, discouraged by their losses from the Danes, and +terrified with the fear of future invasions, were susceptible of any +impression which bore the appearance of religion [c]. So meritorious +was this concession deemed by the English, that trusting entirely to +supernatural assistance, they neglected the ordinary means of safety, +and agreed, even in the present desperate extremity, that the revenues +of the church should be exempted from all burthens, though imposed for +national defence and security [d]. +[FN [y] Padre Paolo, sopra beneficii ecclesiastici, p. 51, 52. edit. +Colon. 1675 [z] Spell. Conc. vol. i. p. 268. [a] Padre Paolo, p. +132. [b] Parker, p. 77. [c] lngulph. p. 862. Selden’s Hist. of +Tithes, c. 8. [d] Asserius, p. 2. Chron. Sax. p. 76. W. Malmes. +lib. 2. cap. 2. Ethelward, lib. 3. cap. 3. M. West. p. 158. +Ingulph. p. 17. Alur. Beverl. p. 95] + +[MN Ethelbald and Ethelbert. 857.] +Ethelwolf lived only two years after making this grant, and by his +will he shared England between his two eldest sons, Ethelbald and +Ethelbert; the west being assigned to the former, the east to the +latter. Ethelbald was a profligate prince, and marrying Judith, his +mother-in-law, gave great offence to the people; but, moved by the +remonstrances of Swithin, Bishop of Winchester, he was at last +prevailed on to divorce her. His reign was short; and Ethelbert, his +brother, succeeding to the government [MN 860.], behaved himself, +during a reign of five years, in a manner more worthy of his birth and +station. The kingdom, however, was still infested by the Danes, who +made an inroad and sacked Winchester, but were there defeated. A body +also of these pirates, who were quartered in the Isle of Thanet, +having deceived the English by a treaty, unexpectedly broke into Kent, +and committed great outrages. + +[MN Ethered 866.] +Ethelbert was succeeded by his brother Ethered, who, though he +defended himself with bravery, enjoyed, during his whole reign, no +tranquillity from those Danish irruptions. His younger brother, +Alfred, seconded him in all his enterprises, and generously sacrificed +to the public good all resentment which he might entertain on account +of his being excluded by Ethered from a large patrimony which had been +left him by his father. + +The first landing of the Danes in the reign of Ethered was among the +East Angles, who, more anxious for their present safety than for the +common interest, entered into a separate treaty with the enemy, and +furnished them with horses, which enabled them to make an irruption by +land into the kingdom of Northumberland. They there seized the city +of York, and defended it against Osbricht and Aella, two Northumbrian +princes, who perished in the assault [f]. Encouraged by these +successes, and by the superiority which they had acquired in arms, +they now ventured, under the command of Hinguar and Hubba, to leave +the sea-coast, and penetrating into Mercia, they took up their winter +quarters at Nottingham, where they threatened the kingdom with a final +subjection. The Mercians, in this extremity, applied to Ethered for +succour, and that prince, with his brother Alfred, conducting a great +army to Nottingham, obliged the enemy to dislodge [MN 870.], and to +retreat into Northumberland. Their restless disposition, and their +avidity for plunder, allowed them not to remain long in those +quarters; they broke into East Anglia, defeated and took prisoner +Edmund, the king of that country, whom they afterwards murdered in +cool blood, and committing the most barbarous ravages on the people, +particularly on the monasteries, they gave the East Angles cause to +regret the temporary relief which they had obtained by assisting the +common enemy. +[FN [f] Asser. p. 6. Chron Sax. p. 79.] + +[MN 871.] The next station of the Danes was at Reading, whence they +infested the neighbouring country by their incursions. The Mercians, +desirous of shaking off their dependence on Ethered, refused to join +him with their forces; and that prince, attended by Alfred, was +obliged to march against the enemy with the West Saxons alone, his +hereditary subjects. The Danes, being defeated in an action, shut +themselves up in their garrison; but quickly making thence an +irruption, they routed the West Saxons, and obliged them to raise the +siege. An action soon after ensued at Aston, in Berkshire, where the +English, in the beginning of the day, were in danger of a total +defeat. Alfred, advancing with one division of the army, was +surrounded by the enemy in disadvantageous ground; and Ethered, who +was at that time hearing mass, refused to march to his assistance till +prayers should be finished [g]: but as he afterwards obtained the +victory, this success, not the danger of Alfred, was ascribed by the +monks to the piety of that monarch. This battle of Aston did not +terminate the war: another battle was a little after fought at Basing, +where the Danes were more successful; and being reinforced by a new +army from their own country, they became every day more terrible to +the English. Amidst these confusions, Ethered died of a wound which +he had received in an action with the Danes; and left the inheritance +of his cares and misfortunes, rather than of his grandeur, to his +brother, Alfred, who was now twenty-two years of age. +[FN [g] Asser. p. 7. W. Malm. lib. 2. cap. 3. Simeon Dunelm. p. 125. +Anglia Sacra, vol. i. p. 205.] + +[MN Alfred 871.] +This prince gave very early marks of those great virtues and shining +talents, by which, during the most difficult times, he saved his +country from utter ruin and subversion. Ethelwolf, his father, the +year after his return with Alfred from Rome, had again sent the young +prince thither with a numerous retinue; and a report being spread of +the king’s death, the pope, Leo III., gave Alfred the royal unction +[h]; whether prognosticating his future greatness from the appearances +of his pregnant genius, or willing to pretend, even in that age, to +the right of conferring kingdoms. Alfred, on his return home, became +every day more the object of his father’s affections; but being +indulged in all youthful pleasures, he was much neglected in his +education; and he had already reached his twelfth year, when he was +yet totally ignorant of the lowest elements of literature. His genius +was first roused by the recital of Saxon poems, in which the queen +took delight; and this species of erudition, which is sometimes able +to make a considerable progress even among barbarians, expanded those +noble and elevated sentiments which he had received from nature [i]. +Encouraged by the queen, and stimulated by his own ardent inclination, +he soon learned to read those compositions; and proceeded thence to +acquire the knowledge of the Latin tongue, in which he met with +authors that better prompted his heroic spirit, and directed his +generous views. Absorbed in these elegant pursuits, he regarded his +accession to royalty rather as an object of regret than of triumph +[k]; but being called to the throne, in preference to his brother’s +children, as well by the will of his father, a circumstance which had +great authority with the Anglo-Saxons [l], as by the vows of the whole +nation, and the urgency of public affairs, he shook off his literary +indolence, and exerted himself in the defence of his people. He had +scarcely buried his brother, when he was obliged to take the field in +order to oppose the Danes, who had seized Wilton, and were exercising +their usual ravages on the countries around. He marched against them +with the few troops which he could assemble on a sudden; and giving +them battle, gained at first an advantage, but by his pursuing the +victory too far, the superiority of the enemy’s numbers prevailed, and +recovered them the day. Their loss, however, in the action, was so +considerable, that, fearing Alfred would receive daily reinforcement +from his subjects, they were content to stipulate for a safe retreat, +and promised to depart the kingdom. For that purpose they were +conducted to London, and allowed to take up winter quarters there; +but, careless of their engagements, they immediately set themselves to +the committing of spoil on the neighbouring country. Burrhed, King of +Mercia, in whose territories London was situated, made a new +stipulation with them, and engaged them, by presents of money, to +remove to Lindesey, in Lincolnshire, a country which they had already +reduced to ruin and desolation. Finding therefore no object in that +place, either for their rapine or violence, they suddenly turned back +upon Mercia, in a quarter where they expected to find it without +defence; and fixing their station at Repton in Derbyshire, they laid +the whole country desolate with fire and sword. Burrhed, despairing +of success against an enemy whom no force could resist, and no +treaties bind, abandoned his kingdom, and flying to Rome, took shelter +in a cloister [m]. He was brother-in-law to Alfred, and the last who +bore the title of king in Mercia. +[FN [h] Asser. p. 2. W. Malm. lib. 2. cap. 2. Ingulph. p. 869. +Simeon Dunelm. p. 120, 139. [i] Asser. p. 5. M. West. p. 167. [k] +Asser. p. 7. [1] Ibid. p. 22. Simeon Dunelm. p. 121. [m] Asser. p. +8. Chron. Sax. p. 82. Ethelward, lib. 4. cap. 4.] + +The West Saxons were now the only remaining power in England; and +though supported by the vigour and abilities of Alfred, they were +unable to sustain the efforts of those ravagers, who from all quarters +invaded them. A new swarm of Danes came over this year under three +princes, Guthrum, Oscitel, and Amund; and having first joined their +countrymen at Repton, they soon found the necessity of separating, in +order to provide for their subsistence. Part of them, under the +command of Haldene, their chieftain [n], marched into Northumberland, +where they fixed their quarters; part of them took quarters at +Cambridge, whence they dislodged in the ensuing summer, and seized +Wereham, in the county of Dorset, the very centre of Alfred’s +dominions. That prince so straitened them in these quarters, that +they were content to come to a treaty with him, and stipulated to +depart his country. Alfred, well acquainted with their usual perfidy, +obliged them to swear upon the holy relics to the observance of the +treaty [o]; not that he expected they would pay any veneration to the +relics; but he hoped, that, if they now violated this oath, their +impiety would infallibly draw down upon them the vengeance of Heaven. +But the Danes, little apprehensive of the danger, suddenly, without +seeking any pretence, fell upon Alfred’s army; and having put it to +rout, marched westward, and took possession of Exeter. The prince +collected new forces, and exerted such vigour, that he fought in one +year eight battles with the enemy [p], and reduced them to the utmost +extremity. He hearkened however to new proposals of peace; and was +satisfied to stipulate with them, that they would settle somewhere in +England [q], and would not permit the entrance of more ravagers into +the kingdom. But while he was expecting the execution of this treaty, +which it seemed the interest of the Danes themselves to fulfil, he +heard that another body had landed, and having collected all the +scattered troops of their countrymen, had surprised Chippenham, then a +considerable town, and were exercising their usual ravages all around +them. +[FN [n] Chron. Sax. p. 83. [o] Asser. p. 8. [p] Ibid. The Saxon +Chronicle. p. 82, says nine battles. [q] Asser. p. 9. Alur. Beverl. +p. 104.] + +This last incident quite broke the spirit of the Saxons, and reduced +them to despair. Finding that, after all the miserable havoc which +they had undergone in their persons and in their property; after all +the vigorous actions which they had exerted in their own defence; a +new band, equally greedy of spoil and slaughter, had disembarked among +them; they believed themselves abandoned by Heaven to destruction, and +delivered over to those swarms of robbers, which the fertile north +thus incessantly poured forth against them. Some left their country +and retired into Wales, or fled beyond sea: others submitted to the +conquerors, in hopes of appeasing their fury by a servile obedience +[r]. And every man’s attention being now engrossed in concern for his +own preservation, no one would hearken to the exhortations of the +king, who summoned them to make, under his conduct, one effort more in +defence of their prince, their country, and their liberties. Alfred +himself was obliged to relinquish the ensigns of his dignity, to +dismiss his servants, and to seek shelter, in the meanest disguises, +from the pursuit and fury of his enemies. He concealed himself under +a peasant’s habit, and lived some time in the house of a neat-herd, +who had been intrusted with the care of some of his cows [s]. There +passed here an incident, which has been recorded by all the +historians, and was long preserved by popular tradition; though it +contains nothing memorable in itself, except so far as every +circumstance is interesting which attends so much virtue and dignity +reduced to such distress. The wife of the neat-herd was ignorant of +the condition of her royal guest; and observing him one day busy by +the fire-side in trimming his bows and arrows, she desired him to take +care of some cakes which were toasting, while she was employed +elsewhere in other domestic affairs. But Alfred, whose thoughts were +otherwise engaged, neglected this injunction; and the good woman, on +her return, finding her cakes all burnt, rated the king very severely, +and upbraided him, that he always seemed very well pleased to eat her +warm cakes, though he was thus negligent in toasting them [t]. +[FN [r] Chron. Sax. p. 84. Alured Bever. p. 105. [s] Asser. p. 9. +[t] Ibid M. West, p. 170.] + +By degrees, Alfred, as he found the search of the enemy become more +remiss, collected some of his retainers, and retired into the centre +of a bog, formed by the stagnating waters of the Thone and Parret, in +Somersetshire. He here found two acres of firm ground; and building a +habitation on them, rendered himself secure by its fortifications, and +still more by the unknown and inaccessible roads which led to it, and +by the forests and morasses with which it was every way environed. +This place he called Aethelingay, or the Isle of Nobles [u]; and it +now bears the name of Athelney. He thence made frequent and +unexpected sallies upon the Danes, who often felt the vigour of his +arm, but knew not from what quarter the blow came. He subsisted +himself and his followers by the plunder which he acquired; he +procured them consolation by revenge; and from small successes he +opened their minds to hope, that, notwithstanding his present low +condition, more important victories might at length attend his valour. +[FN [u] Chron. Sax. p. 65. W. Malm. lib. 2. cap. 4 Ethelward, lib. +4. cap. 4. Ingulph. p. 26.] + +Alfred lay here concealed, but not inactive, during a twelvemonth, +when the news of a prosperous event reached his ears, and called him +to the field. Hubba, the Dane, having spread devastation, fire, and +slaughter over Wales, had landed in Devonshire from twenty-three +vessels, and laid siege to the castle of Kenwith, a place situated +near the mouth of the small river Tau. Oddune, Earl of Devonshire, +with his followers, had taken shelter there; and being ill supplied +with provisions, and even with water, he determined, by some vigorous +blow, to prevent the necessity of submitting to the barbarous enemy. +He made a sudden sally on the Danes before sun-rising; and taking them +unprepared, he put them to rout, pursued them with great slaughter, +killed Hubba himself; and got possession of the famous REAFEN, or +enchanted standard, in which the Danes put great confidence [w]. It +contained the figure of a raven, which had been inwoven by the three +sisters of Hinguar and Hubba, with many magical incantations, and +which, by its different movements, prognosticated, as the Danes +believed, the good or bad success of any enterprise [x]. +[FN [w] Asser. p. 10. Chron. Sax. p. 84. Abbas Rieval, p. 395 +Alured Beverl. p. 105. [x] Asser. p. 10.] + +When Alfred observed this symptom of successful resistance in his +subjects, he left his retreat; but before he would assemble them in +arms, or urge them to any attempt, which, if unfortunate, might, in +their present despondency, prove fatal, he resolved to inspect himself +the situation of the enemy, and to judge of the probability of +success. For this purpose he entered their camp under the disguise of +a harper, and passed unsuspected through every quarter. He so +entertained them with his music and facetious humours, that he met +with a welcome reception; and was even introduced to the tent of +Guthrum, their prince, where he remained some days [y]. He remarked +the supine security of the Danes, their contempt of the English, their +negligence in foraging and plundering, and their dissolute wasting of +what they gained by rapine and violence. Encouraged by these +favourable appearances, he secretly sent emissaries to the most +considerable of his subjects, and summoned them to a rendezvous, +attended by their warlike followers, at Brixton, on the borders of +Selwood forest [z]. The English, who had hoped to put an end to their +calamities by servile submission, now found the insolence and rapine +of the conqueror more intolerable than all past fatigues and dangers; +and, at the appointed day, they joyfully resorted to their prince. On +his appearance, they received him with shouts of applause [a]; and +could not satiate their eyes with the sight of this beloved monarch, +whom they had long regarded as dead, and who now, with voice and looks +expressing his confidence of success, called them to liberty and to +vengeance. He instantly conducted them to Eddington, where the Danes +were encamped; and taking advantage of his previous knowledge of the +place, he directed his attack against the most unguarded quarter of +the enemy. The Danes, surprised to see an army of English, whom they +considered as totally subdued, and still more astonished to hear that +Alfred was at their head, made but a faint resistance, notwithstanding +their superiority of number, and were soon put to flight with great +slaughter. The remainder of the routed army, with their prince, was +besieged by Alfred in a fortified camp to which they fled; but being +reduced to extremity by want and hunger, they had recourse to the +clemency of the victor, and offered to submit on any conditions. The +king, no less generous than brave, gave them their lives; and even +formed a scheme for converting them from mortal enemies into faithful +subjects and confederates. He knew that the kingdoms of East Anglia +and Northumberland were totally desolated by the frequent inroads of +the Danes, and he now proposed to repeople them, by settling there +Guthrum and his followers. He hoped that the new planters would at +last betake themselves to industry, when, by reason of his resistance, +and the exhausted condition of the country, they could no longer +subsist by plunder; and that they might serve him as a rampart against +any future incursions of their countrymen. But before he ratified +these mild conditions with the Danes, he required that they should +give him one pledge of their submission, and of their inclination to +incorporate with the English, by declaring their conversion to +Christianity [b]. Guthrum and his army had no aversion to the +proposal; and without much instruction, or argument, or conference, +they were all admitted to baptism. The king answered for Guthrum at +the font, gave him the name of Athelstan, and received him as his +adopted son [c]. +[FN [y] W. Malm. lib. 2. cap. 4. [z] Chron. Sax. p. 85. [a] Asser. +p. 10. Chron. Sax. p. 85. Simeon Dunelm. p. 128. Alured Beverl. p. +105. Abbas Rieval, p. 354. [b] Chron. Sax. p. 85. [c] Asser. p. 10. +Chron. Sax. p. 90.] + +[MN 880.] The success of the expedient seemed to correspond to +Alfred’s hopes: the greater part of the Danes settled peaceably in +their new quarters: some smaller bodies of the same nation, which were +dispersed in Mercia, were distributed into the five cities of Derby, +Leicester, Stamford, Lincoln, and Nottingham, and were thence called +the Fif or Five-burghers. The more turbulent and unquiet made an +expedition into France, under the command of Hastings [d]; and, except +by a short incursion of Danes, who sailed up the Thames, and landed at +Fulham, but suddenly retreated to their ships on finding the country +in a posture of defence, Alfred was not for some years infested by the +inroads of those barbarians [e]. +[FN [d] W. Malm. lib. 2. c. 4. Ingulph. p. 26. [e] Asser. p. 11.] + +The king employed this interval of tranquillity in restoring order to +the state, which had been shaken by so many violent convulsions; in +establishing civil and military institutions; in composing the minds +of men to industry and justice; and in providing against the return of +like calamities. He was, more properly than his grandfather, Egbert, +the sole monarch of the English, (for so the Saxons were now +universally called,) because the kingdom of Mercia was at last +incorporated in his state, and was governed by Ethelbert, his brother- +in-law, who bore the title of Earl: and though the Danes, who peopled +East Anglia and Northumberland, were for some time ruled immediately +by their own princes, they all acknowledged a subordination to Alfred, +and submitted to his superior authority. As equality among subjects +is the great source of concord, Alfred gave the same laws to the Danes +and English, and put them entirely on a like footing in the +administration both of civil and criminal justice. The fine for the +murder of a Dane was the same with that for the murder of an +Englishman; the great symbol of equality in those ages. + +The king, after rebuilding the ruined cities, particularly London [f], +which had been destroyed by the Danes in the reign of Ethelwolf, +established a regular militia for the defence of the kingdom. He +ordained that all his people should be armed and registered; he +assigned them a regular rotation of duty; he distributed part into the +castles and fortresses which he built at proper places [g]; he +required another part to take the field on any alarm, and to assemble +at stated places of rendezvous; and he left a sufficient number at +home, who were employed in the cultivation of the land, and who +afterwards took their turn in military service [h]. The whole kingdom +was like one great garrison; and the Danes could no sooner appear in +one place, than a sufficient number was assembled to oppose them, +without leaving the other quarters defenceless or disarmed [i]. +[FN [f] Asser. p. 15. Chron. Sax. p. 88. M. West. p. 171. Simeon +Dunelm. p. 131. Brompton, p. 812. Alured Beverl. ex edit. Hearne, p. +106. [g] Asser. p. 18. Ingulph. p. 27. [h] Chron. Sax. p. 92, 93. +[i] Spellman’s Life of Alfred, p. 147. edit. 1709.] + +But Alfred, sensible that the proper method of opposing an enemy who +made incursions by sea, was to meet them on their own element, took +care to provide himself with a naval force [k], which though the most +natural defence of an island, had hitherto been totally neglected by +the English. He increased the shipping of his kingdom both in number +and strength, and trained his subjects in the practice, as well of +sailing as of naval action. He distributed his armed vessels in +proper stations around the island, and was sure to meet the Danish +ships either before or after they had landed their troops, and to +pursue them in all their incursions. Though the Danes might suddenly, +by surprise, disembark on the coast, which was generally become +desolate by their frequent ravages, they were encountered by the +English fleet in their retreat; and escaped not, as formerly, by +abandoning their booty, but paid, by their total destruction, the +penalty of the disorders which they had committed. +[FN [k] Asser. p. 9. M. West. p. 179.] + +In this manner Alfred repelled several inroads of these piratical +Danes, and maintained his kingdom, during some years, in safety and +tranquillity. A fleet of a hundred and twenty ships of war was +stationed upon the coast; and being provided with warlike engines, as +well as with expert seamen, both Frisians and English, (for Alfred +supplied the defects of his own subjects by engaging able foreigners +in his service,) maintained a superiority over these smaller bands +with which England had so often been infested [l]. [MN 893.] But at +last Hastings, the famous Danish chief, having ravaged all the +provinces of France, both along the seacoast and the Loire and Seine, +and being obliged to quit that country, more by the desolation which +he himself had occasioned, than by the resistance of the inhabitants, +appeared off the coast of Kent with a fleet of 330 sail. The greater +part of the enemy disembarked in the Rother, and seized the fort of +Apuldore. Hastings himself, commanding a fleet of eighty sail, +entered the Thames, and fortifying Milton in Kent, began to spread his +forces over the country, and to commit the most destructive ravages. +But Alfred, on the first alarm of this descent, flew to the defence of +his people, at the head of a select band of soldiers, whom he always +kept about his person [m]; and gathering to him the armed militia from +all quarters, appeared in the field with a force superior to the +enemy. All straggling parties whom necessity, or love of plunder, had +drawn to a distance from their chief encampment, were cut off by the +English [n]; and these pirates, instead of increasing their spoil, +found themselves cooped up in their fortifications, and obliged to +subsist by the plunder which they had brought from France. Tired of +this situation, which must in the end prove ruinous to them, the Danes +at Apuldore rose suddenly from their encampment, with an intention of +marching towards the Thames, and passing over into Essex: but they +escaped not the vigilance of Alfred, who encountered then at Farnham, +put them to rout [o], seized all their horses and baggage, and chased +the runaways on board their ships, which carried them up the Colne to +Mersey, in Essex, where they intrenched themselves. Hastings, at the +same time, and probably by concert, made a like movement; and +deserting Milton, took possession of Bamflete, near the Isle of +Canvey, in the same county [p], where he hastily threw up +fortifications for his defence against the power of Alfred. +[FN [1] Asser. p. 11. Chron. Sax. p. 86, 87. M. West. p. 176. [m] +Asser. p.19. [n] Chron. Sax. p. 92. [o] Ibid. p. 93. Flor. Wigorn, +p. 595. [p] Chron. Sax. p. 93.] + +Unfortunately for the English, Guthrum, prince of the East Anglian +Danes, was now dead; as was also Guthred, whom the king had appointed +governor of the Northumbrians; and those restless tribes, being no +longer restrained by the authority of their princes, and being +encouraged by the appearance of so great a body of their countrymen, +broke into rebellion, shook off the authority of Alfred, and yielding +to their inveterate habits of war and depredation [q], embarked on +board two hundred and forty vessels, and appeared before Exeter in the +west of England. Alfred lost not a moment in opposing this new enemy. +Having left some forces at London to make head against Hastings and +the other Danes, he marched suddenly to the west [r]; and falling on +the rebels before they were aware, pursued them to their ships with +great slaughter. These ravagers, sailing next to Sussex, began to +plunder the country near Chichester; but the order which Alfred had +every where established, sufficed here, without his presence, for the +defence of the place; and the rebels, meeting with a new repulse, in +which many of them were killed, and some of their ships taken [s], +were obliged to put again to sea, and were discouraged from attempting +any other enterprise. +[FN [q] Ibid. p. 92. [r] Ibid. p. 93. [s] Chron. Sax. p. 96. Flor. +Wigorn. p. 596.] + +Meanwhile, the Danish invaders in Essex, having united their force +under the command of Hastings, advanced into the inland country, and +made spoil of all around them; but soon had reason to repent of their +temerity. The English army left in London, assisted by a body of the +citizens, attacked the enemy's intrenchments at Bamflete, overpowered +the garrison, and having done great execution upon them, carried off +the wife and two sons of Hastings [t]. Alfred generously spared these +captives; and even restored them to Hastings [u], on condition that be +should depart the kingdom. +[FN [t] Chron. Sax. p. 94. M. West. p. 178. [u] M. West. p. 179.] + +But though the king had thus honourably rid himself of this dangerous +enemy, he had not entirely subdued or expelled the invaders. The +piratical Danes willingly followed in an excursion any prosperous +leader who gave them hopes of booty; but were not so easily induced to +relinquish their enterprise, or submit to return, baffled and without +plunder, into their native country. Great numbers of them, after the +departure of Hastings, seized and fortified Shobury, at the mouth of +the Thames; and having left a garrison there, they marched along the +River, till they came to Boddington, in the county of Gloucester; +where, being reinforced by some Welsh, they threw up intrenchments, +and prepared for their defence. The king here surrounded them with +the whole force of his dominions [w]; and as he had now a certain +prospect of victory, he resolved to trust nothing to chance, but +rather to master his enemies by famine than assault. They were +reduced to such extremities, that, having eaten their own horses, and +having many of them perished with hunger [x], they made a desperate +sally upon the English; and though the greater number fell in the +action, a considerable body made their escape [y]. These roved about +for some time in England, still pursued by the vigilance of Alfred; +they attacked Leicester with success, defended themselves in Hartford, +and then fled to Quatford, where they were finally broken and subdued. +The small remains of them either dispersed themselves among their +countrymen in Northumberland and East Anglia [z], or had recourse +again to the sea, where they exercised piracy, under the command of +Sigefert, a Northumbrian. This freebooter, well acquainted with +Alfred’s naval preparations, had framed vessels of a new construction, +higher, and longer, and swifter than those of the English; but the +king soon discovered his superior skill, by building vessels still +higher, and longer, and swifter than those of the Northumbrians; and +falling upon them while they were exercising their ravages in the +west, he took twenty of their ships, and having tried all the +prisoners at Winchester, he hanged them as pirates, the common enemies +of mankind. +[FN [w] Chron. Sax. p. 94. [x] Ibid. M. West. p. 179. Flor. Wigorn. +p. 596. [y] Chron. Sax. p. 95. [z] Chron. Sax. p. 97.] + +The well-timed severity of this execution, together with the excellent +posture of defence established every where, restored full tranquillity +to England, and provided for the future security of the government. +The East Anglian and Northumbrian Danes, on the first appearance of +Alfred upon their frontiers, made anew the most humble submissions to +him; and he thought it prudent to take them under his immediate +government, without establishing over them a viceroy of their own +nation [a]. The Welsh also acknowledged his authority; and this great +prince had now, by prudence, and justice, and valour, established his +sovereignty over all the southern parts of the island, from the +English channel to the frontiers of Scotland; when he died [MN 901.], +in the vigour of his age and the full strength of his faculties, +after a glorious reign of twenty-nine years and a half [b]; in which +he deservedly attained the appellation of Alfred the Great, and the +title of Founder of the English Monarchy. +[FN [a] Flor. Wigorn. p. 598. [b] Asser. p. 21. Chron. Sax. p. 99.] + +The merit of this prince, both in private and public life, may with +advantage be set in opposition to that of any monarch or citizen which +the annals of any age or any nation can present to us. He seems +indeed to be the model of that perfect character, which, under the +denomination of a sage or wise man, philosophers have been fond of +delineating, rather as a fiction of their imagination, than in hopes +of ever seeing it really existing: so happily were all his virtues +tempered together; so justly were they blended; and so powerfully did +each prevent the other from exceeding its proper boundaries. He knew +how to reconcile the most enterprising spirit with the coolest +moderation; the most obstinate perseverance with the easiest +flexibility; the most severe justice with the gentlest lenity; the +greatest vigour in commanding with the most perfect affability of +deportment [c]; the highest capacity and inclination for science, with +the most shining talents for action. His civil and his military +virtues are almost equally the objects of our admiration; excepting +only, that the former, being more rare among princes, as well as more +useful, seem chiefly to challenge our applause. Nature also, as if +desirous that so bright a production of her skill should be set in the +fairest light, had bestowed on him every bodily accomplishment, vigour +of limbs, dignity of shape and air, with a pleasing, engaging, and +open countenance [d]. Fortune alone, by throwing him into that +barbarous age, deprived him of historians worthy to transmit his fame +to posterity; and we wish to see him delineated in more lively +colours, and with more particular strokes, that we may at least +perceive some of those small specks and blemishes, from which, as a +man, it is impossible he could be entirely exempted. +[FN [c] Asser. p. 13. [d] Ibid. p. 5.] + +But we should give but an imperfect idea of Alfred’s merit, were we to +confine our narration to his military exploits, and were not more +particular in our account of his institutions for the execution of +justice, and of his zeal for the encouragement of arts and sciences. + +After Alfred had subdued, and had settled or expelled the Danes, he +found the kingdom in the most wretched condition; desolated by the +ravages of those barbarians, and thrown into disorders, which were +calculated to perpetuate its misery. Though the great armies of the +Danes were broken, the country was full of straggling troops of that +nation, who, being accustomed to live by plunder, were become +incapable of industry, and who, from the natural ferocity of their +manners, indulged themselves in committing violence, even beyond what +was requisite to supply their necessities. The English themselves, +reduced to the most extreme indigence by these continued depredations, +had shaken off all bands of government; and those who had been +plundered today, betook themselves next day to a like disorderly life, +and, from despair, joined the robbers in pillaging and ruining their +fellow-citizens. These were the evils for which it was necessary that +the vigilance and activity of Alfred should provide a remedy. + +That he might render the execution of justice strict and regular; he +divided all England into counties; these counties he subdivided into +hundreds; and, the hundreds into tithings. Every householder was +answerable for the behaviour of his family and slaves, and even of his +guests, if they lived above three days in his house. Ten neighbouring +householders were formed into one corporation, who, under the name of +a tithing, decennary, or fribourg, were answerable for each other’s +conduct, and over whom one person, called a tithingman, headbourg, or +borsholder, was appointed to preside. Every man was punished as an +outlaw who did not register himself in some tithing. And no man could +change his habitation, without a warrant or certificate from the +borsholder of the tithing to which he formerly belonged. + +When any person in any tithing or decennary was guilty of a crime, the +borsholder was summoned to answer for him; and if he were not willing +to be surety for his appearance, and his clearing himself, the +criminal was committed to prison, and there detained till his trial. +If he fled, either before or after finding sureties, the borsholder +and decennary became liable to inquiry, and were exposed to the +penalties of law. Thirty-one days were allowed them for producing the +criminal; and if that time elapsed without their being able to find +him, the borsholder, with two other members of the decennary, was +obliged to appear, and, together with three chief members of the three +neighbouring decennaries, (making twelve in all,) to swear that his +decennary was free from all privity both of the crime committed, and +of the escape of the criminal. If the borsholder could not find such +a number to answer for their innocence, the decennary was compelled by +fine to make satisfaction to the king, according to the degree of the +offence [f]. By this institution, every man was obliged from his own +interest to keep a watchful eye over the conduct of his neighbours; +and was in a manner surety for the behaviour of those who were placed +under the division to which he belonged: whence these decennaries +received the name of frank-pledges. +[FN [f] Leges St. Edw. cap. 20. apud Wilkins, p. 202.] + +Such a regular distribution of the people, with such a strict +confinement in their habitation, may not be necessary in times when +men are more inured to obedience and justice; and it might perhaps be +regarded as destructive of liberty and commerce in a polished state; +but it was well calculated to reduce that fierce and licentious people +under the salutary restraint of law and government. But Alfred took +care to temper these rigours by other institutions favourable to the +freedom of the citizens; and nothing could be more popular and liberal +than his plan for the administration of justice. The borsholder +summoned together his whole decennary to assist him in deciding any +lesser difference which occurred among the members of this small +community. In affairs of greater moment, in appeals from the +decennary, or in controversies arising between members of different +decennaries, the cause was brought before the hundred, which consisted +of ten decennaries, or a hundred families of freemen, and which was +regularly assembled once in four weeks for the deciding of causes [g]. +Their method of decision deserves to be noted, as being the origin of +juries; an institution admirable in itself, and the best calculated +for the preservation of liberty and the administration of justice that +ever was devised by the wit of man. Twelve freeholders were chosen, +who, having sworn, together with the hundreder, or presiding +magistrate of that division, to administer impartial justice [h], +proceeded to the examination of that cause which was submitted to +their jurisdiction. And beside these monthly meetings of the hundred, +there was an annual meeting, appointed for a more general inspection +of the police of the district; for the inquiry into crimes, the +correction of abuses in magistrates, and the obliging of every person +to show the decennary in which he was registered. The people, in +imitation of their ancestors, the ancient Germans, assembled there in +arms; whence a hundred was sometimes called a wapentake, and its court +served both for the support of military discipline, and for the +administration of civil justice [i]. +[FN [g] Leg. Edw. cap. 2. [h] Foedus Alfred. and Gothurn. apud +Wilkins, cap. 3. p. 47. Leg. Ethelstani, cap. 2. apud Wilkins, p. 58. +LL. Ethelr. § 4. Wilkins, p. 117. [i] Spellman, IN VOCE Wapentake.] + +The next superior court to that of the hundred was the county-court, +which met twice a year, after Michaelmas and Easter, and consisted of +the freeholders of the county, who possessed an equal vote in the +decision of causes. The bishop presided in this court, together with +the alderman; and the proper object of the court was the receiving of +appeals from the hundreds and decennaries, and the deciding of such +controversies as arose between men of different hundreds. Formerly, +the alderman possessed both the civil and military authority; but +Alfred, sensible that this conjunction of powers rendered the nobility +dangerous and independent, appointed also a sheriff in each county, +who enjoyed a co-ordinate authority with the former in the judicial +function [k]. His office also empowered him to guard the rights of +the crown in the county, and to levy the fines imposed; which in that +age formed no contemptible part of the public revenue. +[FN [k] Ingulph. p. 870.] + +There lay an appeal, in default of justice, from all these courts to +the king himself in council; and as the people, sensible of the equity +and great talents of Alfred, placed their chief confidence in him, he +was soon overwhelmed with appeals from all parts of England. He was +indefatigable in the despatch of these causes [l]; but finding that +his time must be entirely engrossed by this branch of duty, he +resolved to obviate the inconvenience, by correcting the ignorance or +corruption of the inferior magistrates, from which it arose [m]. He +took care to have his nobility instructed in letters and the laws [n]. +He chose the earls and sheriffs from among the men most celebrated for +probity and knowledge: he punished severely all malversation in office +[o]: and he removed all the earls, whom he found unequal to the trust +[p]; allowing only some of the more elderly to serve by a deputy, till +their death should make room for more worthy successors. +[FN [1] Asser. p. 20. [m] Ibid. p. 18, 21. Flor. Wigorn p. 594. +Abbas Rieval, p. 355. [n] Flor. Wigorn. p. 594. Brompton. p. 811. +[o] Le Miroir de Justice, chap. 2. [p] Asser. p. 20.] + +The better to guide the magistrates in the administration of justice, +Alfred framed a body of laws; which, though now lost, served long as +the basis of English jurisprudence, and is generally deemed the origin +of what is denominated the COMMON LAW. He appointed regular meetings +of the states of England twice a year in London [q]; a city which he +himself had repaired and beautified, and which he thus rendered the +capital of the kingdom. The similarity of these institutions to the +customs of the ancient Germans, to the practice of the other northern +conquerors, and to the Saxon laws during the Heptarchy, prevents us +from regarding Alfred as the sole author of this plan of government; +and leads us rather to think, that, like a wise man, he contented +himself with reforming, extending, and executing the institutions +which he found previously established. But, on the whole, such +success attended his legislation, that every thing bore suddenly a new +face in England: robberies and iniquities of all kinds were repressed +by the punishment or reformation of the criminals [r]: and so exact +was the general police, that Alfred, it is said, hung up, by way of +bravado, golden bracelets near the highways; and no man dared to touch +them [s]. Yet, amidst these rigours of justice, this great prince +preserved the most sacred regard to the liberty of his people; and it +is a memorable sentiment preserved in his will, That it was just the +English should for ever remain as free as their own thoughts [t]. +[FN [q] Le Miroir de Justice. [r] Ingulph. p. 27. [s] W Malmes. lib. +2. cap. 4. [t] Asser. p. 24.] + +As good morals and knowledge are almost inseparable in every age, +though not in every individual; the care of Alfred for the +encouragement of learning among his subjects was another useful branch +of his legislation, and tended to reclaim the English from their +former dissolute and ferocious manners: but the king was guided in +this pursuit, less by political views, than by his natural bent and +propensity towards letters. When he came to the throne, he found the +nation sunk into the grossest ignorance and barbarism, proceeding from +the continued disorders in the government, and from the ravages of the +Danes: the monasteries were destroyed, the monks butchered or +dispersed, their libraries burnt; and thus the only seats of erudition +in those ages were totally subverted. Alfred himself complains, that +on his accession he knew not one person, south of the Thames, who +could so much as interpret the Latin service; and very few in the +northern parts, who had reached even that pitch of erudition. But +this prince invited over the most celebrated scholars from all parts +of Europe; he established schools every where for the instruction of +his people; he founded, at least repaired, the university of Oxford, +and endowed it with many privileges, revenues, and immunities; he +enjoined by law all freeholders possessed of two hides [u] of land or +more, to send their children to school for their instruction; he gave +preferment both in church and state to such only as had made some +proficiency in knowledge: and by all these expedients he had the +satisfaction, before his death, to see a great change in the face of +affairs; and in a work of his, which is still extant, he congratulates +himself on the progress which learning, under his patronage, had +already made in England. +[FN [u] A hide contained land sufficient to employ one plough. See H. +Hunt. lib. 6. in A. D. 1008. Annal. Waverl. in A.D. 1083. Gervase of +Tilbury says, it commonly contained about 100 acres.] + +But the most effectual expedient, employed by Alfred, for the +encouragement of learning, was his own example, and the constant +assiduity with which, notwithstanding the multiplicity and urgency of +his affairs, he employed himself in the pursuits of knowledge. He +usually divided his time into three equal portions: one was employed +in sleep, and the refection of his body by diet and exercise; another +in the despatch of business; a third in study and devotion; and that +he might more exactly measure the hours, he made use of burning tapers +of equal length, which he fixed in lanterns [w]; an expedient suited +to that rude age, when the geometry of dialling, and the mechanism of +clocks and watches, were totally unknown. And by such a regular +distribution of his time, though he often laboured under great bodily +infirmities [x], this martial hero, who fought in person fifty-six +battles by sea and land [y], was able, during a life of no +extraordinary length, to acquire more knowledge, and even to compose +more books, than most studious men, though blessed with the greatest +leisure and application, have, in more fortunate ages, made the object +of their uninterrupted industry. +[FN [w] Asser. p. 20. W. Malm. lib. 2. cap. 4. Ingulph. p. 870. [x] +Asser. p. 4, 12, 13, 17. [y] W. Malm. lib. 4. cap. 4.] + +Sensible that the people, at all times, especially when their +understandings are obstructed by ignorance and bad education, are not +much susceptible of speculative instruction, Alfred endeavoured to +convey his morality by apologues, parables, stories, apophthegms, +couched in poetry; and besides propagating among his subjects former +compositions of that kind, which he found in the Saxon tongue [z], he +exercised his genius in inventing works of a like nature [a], as well +as in translating from the Greek the elegant fables of Aesop. He also +gave Saxon translations of Orosius’s and Bede’s histories; and of +Boethius concerning the consolation of philosophy [b]. And he deemed +it nowise derogatory from his other great characters of sovereign, +legislator, warrior, and politician, thus to lead the way to his +people in the pursuits of literature. +[FN [z] Asser. p. 13. [a] Spellman, p. 124. Abbas Rieval, p. 355. +[b] W. Malm. lib. 2. cap. 4. Brompton, p. 814.] + +Meanwhile, this prince was not negligent in encouraging the vulgar and +mechanical arts, which have a more sensible, though not a closer, +connexion with the interests of society. He invited, from all +quarters, industrious foreigners to repeople his country, which had +been desolated by the ravages of the Danes [c]. He introduced and +encouraged manufactures of all kinds; and no inventor or improver of +any ingenious art did he suffer to go unrewarded [d]. He prompted men +of activity to betake themselves to navigation, to push commerce into +the most remote countries, and to acquire riches by propagating +industry among their fellow-citizens. He set apart a seventh portion +of his own revenue for maintaining a number of workmen, whom he +constantly employed in rebuilding the ruined cities, castles, palaces, +and monasteries [e]. Even the elegancies of life were brought to him +from the Mediterranean and the Indies [f]; and his subjects, by seeing +those productions of the peaceful arts, were taught to respect the +virtues of justice and industry, from which alone they could arise. +Both living and dead, Alfred was regarded by foreigners, no less than +by his own subjects, as the greatest prince after Charlemagne that had +appeared in Europe during several ages, and as one of the wisest and +best that had ever adorned the annals of any nation. +[FN [c] Asser. p. 13. Flor. Wigorn. p. 588. [d] Asser. p. 20. [e] +Asser. p. 20. W. Malmes. lib. 2. cap. 4. [f] W. Malmes. lib. 2. cap. +4.] + +Alfred had, by his wife, Ethelswitha, daughter of a Mercian earl, +three sons and three daughters. The eldest son, Edmund, died without +issue, in his father’s lifetime. The third, Ethelward, inherited his +father’s passion for letters, and lived a private life. The second, +Edward, succeeded to his power; and passes by the appellation of +Edward the Elder, being the first of that name who sat on the English +throne. + +[MN Edward the Elder. 901.] +This prince, who equalled his father in military talents, though +inferior to him in knowledge and erudition [g], found, immediately on +his accession, a specimen of that turbulent life to which all princes +and even all individuals were exposed, in an age when men, less +restrained by law or justice, and less occupied by industry, had no +aliment for their inquietude, but wars, insurrections, convulsions, +rapine, and depredation. Ethelwald, his cousin-german, son of King +Ethelbert, the elder brother of Alfred, insisted on his preferable +title [h]; and arming his partisans, took possession of Winburne, +where he seemed determined to defend himself to the last extremity, +and to await the issue of his pretensions [i]. But when the king +approached the town with a great army, Ethelwald, having the prospect +of certain destruction, made his escape, and fled first into Normandy, +thence into Northumberland; where he hoped that the people, who had +been recently subdued by Alfred, and who were impatient of peace, +would, on the intelligence of that great prince’s death, seize the +first pretence or opportunity of rebellion. The event did not +disappoint his expectations: the Northumbrians declared for him [k]; +and Ethelwald having thus connected his interests with the Danish +tribes, went beyond sea, and collecting a body of these freebooters, +he excited the hopes of all those who had been accustomed to subsist +by rapine and violence [l]. The East Anglian Danes joined his party: +the Five-burgers, who were seated in the heart of Mercia, began to put +themselves in motion; and the English found that they were again +menaced with those convulsions, from which the valour and policy of +Alfred had so lately rescued them. The rebels, headed by Ethelwald, +made an incursion into the Counties of Gloucester, Oxford, and Wilts; +and having exercised their ravages in these places, they retired with +their booty, before the king, who had assembled an army, was able to +approach them. Edward, however, who was determined that his +preparations should not be fruitless, conducted his forces into East +Anglia, and retaliated the injuries which the inhabitants had +committed, by spreading the like devastation among them. Satiated +with revenge, and loaded with booty, he gave orders to retire: but the +authority of those ancient kings, which was feeble in peace, was not +much better established in the field; and the Kentish men, greedy of +more spoil, ventured, contrary to repeated orders, to stay behind him, +and to take up their quarters in Bury. This disobedience proved in the +issue fortunate to Edward. The Danes assaulted the Kentish men; but +met with so vigorous a resistance, that, though they gained the field +of battle, they bought that advantage by the loss of their bravest +leaders, and among the rest, by that of Ethelwald, who perished in the +action [m]. The king, freed from the fear of so dangerous a +competitor, made peace on advantageous terms with the East Angles [n]. +[FN [g] W. Malmes lib. 2. cap. 5 Hoveden, p. 421. [h] Chron. Sax. p. +99, 100. [i] Ibid. p. 100. H. Hunting. lib. 5. p. 352. [k] Chron. +Sax. p. 100. H. Hunting. lib. 5. p. 352. [l] Chron. Sax. p. 100. +Chron. Abb. St. Petri de Burgo, p. 24. [m] Chron. Sax. p. 101. +Brompton, p. 832. [n] Chron. Sax. p. 102. Brompton, p. 832. Matth. +West. p. 181.] + +In order to restore England to such a state of tranquillity as it was +then capable of attaining, nought was wanting but the subjection of +the Northumbrians, who, assisted by the scattered Danes in Mercia, +continually infested the bowels of the kingdom. Edward, in order to +divert the force of these enemies, prepared a fleet to attack them by +sea; hoping that, when his ships appeared on their coast, they must at +least remain at home, and provide for their defence. But the +Northumbrians were less anxious to secure their own property, than +greedy to commit spoil on their enemy; and concluding, that the chief +strength of the English was embarked on board the fleet, they thought +the opportunity favourable, and entered Edward’s territories with all +their forces. The king, who was prepared against this event, attacked +them on their return at Tetenhall, in the county of Stafford, put them +to rout, recovered all the booty, and pursued them with great +slaughter into their own country. + +All the rest of Edward’s reign was a scene of continued and successful +action against the Northumbrians, the East Angles, the Five-burgers, +and the foreign Danes who invaded him from Normandy and Britany. Nor +was he less provident in putting his kingdom in a posture of defence, +than vigorous in assaulting the enemy. He fortified the towns of +Chester, Eddesbury, Warwick, Cherbury, Buckingham, Towcester, Maldon, +Huntingdon, and Colchester. He fought two signal battles at Temsford +and Maldon [o]. He vanquished Thurketill, a great Danish chief, and +obliged him to retire with his followers into France, in quest of +spoil and adventures. He subdued the East Angles, and forced them to +swear allegiance to him; he expelled the two rival princes of +Northumberland, Reginald and Sidroc, and acquired, for the present, +the dominion of that province: several tribes of the Britons were +subjected by him; and even the Scots, who, during the reign of Egbert, +had, under the conduct of Kenneth their king, increased their power by +the final subjection of the Picts, were nevertheless obliged to give +him marks of submission [p]. In all these fortunate achievements he +was assisted by the activity and prudence of his sister, Ethelfleda, +who was widow of Ethelbert, Earl of Mercia, and who, after her +husband’s death, retained the government of that province. This +princess, who had been reduced to extremity in childbed, refused +afterwards all commerce with her husband; not from any weak +superstition, as was common in that age, but because she deemed all +domestic occupations unworthy of her masculine and ambitious spirit +[q]. She died before her brother; and Edward, during the remainder of +his reign, took upon himself the immediate government of Mercia, which +before had been entrusted to the authority of a governor [r]. The +Saxon Chronicle fixes the death of this prince in 925 [s]: his kingdom +devolved to Athelstan, his natural son. +[FN [o] Chron. Sax. p. 108. Flor. Wigorn. p. 601. [p] Chron. Sax. p. +110. Hoveden, p. 421. [q] W. Malmes. lib. 2. cap. 5. M. West. p. +182. Ingulph. p. 28. Higden, p. 261. [r] Chron. Sax. p. 110. +Brompton, p. 831. [s] Page 110.] + +[MN Athelstan 925.] +The stain in this prince’s birth was not, in those times, deemed so +considerable as to exclude him from the throne; and Athelstan, being +of an age, as well as of a capacity fitted for government, obtained +the preference to Edward’s younger children, who, though legitimate, +were of too tender years to rule a nation so much exposed both to +foreign invasion and to domestic convulsions. Some discontents, +however, prevailed on his accession; and Alfred, a nobleman of +considerable power, was thence encouraged to enter into a conspiracy +against him. This incident is related by historians with +circumstances, which the reader, according to the degree of credit he +is disposed to give them, may impute either to the invention of monks, +who forged them, or to their artifice, who found means of making them +real. Alfred, it is said, being seized upon strong suspicions, but +without any certain proof, firmly denied the .conspiracy imputed to +him; and in order to justify himself, he offered to swear to his +innocence before the pope, whose person, it was supposed, contained +such superior sanctity, that no one could presume to give a false oath +in his presence, and yet hope to escape the immediate vengeance of +heaven. The king accepted of the condition, and Alfred was conducted +to Rome; where, either conscious of his innocence, or neglecting the +superstition to which he appealed, he ventured to make the oath +required of him before John, who then filled the papal chair. But no +sooner had he pronounced the fatal words, than he fell into +convulsions, of which three days after he expired. The king, as if +the guilt of the conspirator were now fully ascertained, confiscated +his estate, and made a present of it to the monastery of Malmesbury +[t]; secure that no doubts would ever thenceforth be entertained +concerning the justice of his proceedings. +[FN [t] W. Malmes. lib. 2. cap. 6. Spell. Conc. p. 407.] + +The dominion of Athelstan was no sooner established over his English +subjects, than he endeavoured to give security to the government, by +providing against the insurrections of the Danes, which had created so +much disturbance to his predecessors. He marched into Northumberland; +and finding that the inhabitants bore with impatience the English +yoke, he thought it prudent to confer on Sithric, a Danish nobleman, +the title of king, and to attach him to his interests, by giving him +his sister, Editha, in marriage. But this policy proved by accident +the source of dangerous consequences. Sithric died in a twelvemonth +after; and his two sons by a former marriage, Anlaf and Godfrid, +founding pretensions on their father’s elevation, assumed the +sovereignty without waiting for Athelstan’s consent. They were soon +expelled by the power of that monarch; and the former took shelter in +Ireland, as the latter did in Scotland; where he received, during some +time, protection from Constantine, who then enjoyed the crown of that. +kingdom. The Scottish prince, however, continually solicited, and +even menaced by Athelstan, at last promised to deliver up his guest; +but secretly detesting this treachery, he gave Godfrid warning to make +his escape [u]; and that fugitive, after subsisting by piracy for some +years, freed the king by his death from any farther anxiety. +Athelstan, resenting Constantine’s behaviour, entered Scotland with an +army; and ravaging the country with impunity [w], he reduced the Scots +to such distress, that their king was content to preserve his crown, +by making submissions to the enemy. The English historians assert +[x], that Constantine did homage to Athelstan for his kingdom; and +they add, that the latter prince, being urged by his courtiers to push +the present favourable opportunity, and entirely subdue Scotland, +replied, that it was more glorious to confer than conquer kingdoms +[y]. But those annals, so uncertain and imperfect in themselves, lose +all credit when national prepossessions and animosities have place: +and on that account, the Scotch historians, who, without having any +more knowledge of the matter, strenuously deny the fact, seem more +worthy of belief. +[FN [u] W. Malm. lib. 2. cap. 6. [w] Chron. Sax. p. 111. Hoveden, p. +422. H. Hunting. lib. 5. p. 354. [x] Hoveden, p. 422. [y] Wm. +Malmes. lib. 2. cap. 6. Anglia Sacra, vol. i. p. 212.] + +Constantine, whether he owed the retaining of his crown to the +moderation of Athelstan, who was unwilling to employ all his +advantages against him, or to the policy of that prince, who esteemed +the humiliation of an enemy a greater acquisition than the subjection +of a discontented and mutinous people, thought the behaviour of the +English monarch more an object of resentment than of gratitude. He +entered into a confederacy with Anlaf, who had collected a great body +of Danish pirates, whom he found hovering in the Irish seas; and with +some Welsh princes, who were terrified at the growing power of +Athelstan: and all these allies made by concert an irruption with a +great army into England. Athelstan, collecting his forces, met the +enemy near Brunsbury, in Northumberland, and defeated them in a +general engagement. This victory was chiefly ascribed to the valour +of Turketul, the English chancellor: for in those turbulent ages no +one was so much occupied in civil employments, as wholly to lay aside +the military character [z]. +[FN [z] The office of chancellor among the Anglo-Saxons resembled more +that of a secretary of state, than that of our present chancellor. +See Spellman, in voce CHANCELLARIUS.] + +There is a circumstance not unworthy of notice, which historians +relate, with regard to the transactions of this war. Anlaf, on the +approach of the English army, thought that he could not venture too +much to ensure a fortunate event; and, employing the artifice formerly +practised by Alfred against the Danes, he entered the enemy’s camp in +the habit of a minstrel. The stratagem was for the present attended +with like success. He gave such satisfaction to the soldiers who +flocked about him, that they introduced him to the king’s tent; and +Anlaf, having played before that prince and his nobles during their +repast, was dismissed with a handsome reward. His prudence kept him +from refusing the present; but his pride determined him, on his +departure, to bury it, while he fancied that he was unespied by all +the world. But a soldier in Athelstan’s camp, who had formerly served +under Anlaf, had been struck with some suspicion on the first +appearance of the minstrel; and was engaged by curiosity to observe +all his motions. He regarded this last action as a full proof of +Anlaf’s disguise; and he immediately carried the intelligence to +Athelstan, who blamed him for not sooner giving him information, that +he might have seized his enemy. But the soldier told him, that, as he +had formerly sworn fealty to Anlaf, he could never have pardoned +himself the treachery of betraying and ruining his ancient master; and +that Athelstan himself, after such an instance of his criminal +conduct, would have had equal reason to distrust his allegiance. +Athelstan, having praised the generosity of the soldier’s principles, +reflected on the incident, which he foresaw might be attended with +important consequences. He removed his station in the camp; and as a +bishop arrived that evening with a reinforcement of troops, (for the +ecclesiastics were then no less warlike than the civil magistrates,) +he occupied with his train that very place which had been left vacant +by the king’s removal. The precaution of Athelstan was found prudent: +for no sooner had darkness fallen, than Anlaf broke into the camp, and +hastening directly to the place where he had left the king’s tent, put +the bishop to death before he had time to prepare for his defence [a]. +[FN [a] W. Malmes. lib. 2 cap. 6. Higden, p. 263] + +There fell several Danish and Welsh princes in the action of Brunsbury +[b]; and Constantine and Anlaf made their escape with difficulty, +leaving the greater part of their army on the field of battle. After +this success, Athelstan enjoyed his crown in tranquillity; and he is +regarded as one of the ablest and most active of those ancient +princes. He passed a remarkable law, which was calculated for the +encouragement of commerce, and which it required some liberality of +mind in that age to have devised: that a merchant, who had made three +long sea-voyages on his own account, should be admitted to the rank of +a Thane or Gentleman. This prince died at Gloucester in the year 941 +[c], after a reign of sixteen years, and was succeeded by Edmund, his +legitimate brother. +[FN [b] Brompton, p. 839 Ingulph. p. 29 [c] Chron. Sax. p. 114.] + +[MN Edmund 941.] +Edmund, on his accession, met with disturbance from the restless +Northumbrians, who lay in wait for every opportunity of breaking into +rebellion. But marching suddenly with his forces into their country, +he so overawed the rebels, that they endeavoured to appease him by the +most humble submissions [d]. In order to give him a surer pledge of +their obedience, they offered to embrace Christianity; a religion +which the English Danes had frequently professed, when reduced to +difficulties, but which, for that very reason, they regarded as a +badge of servitude, and shook off as soon as a favourable opportunity +offered. Edmund, trusting little to their sincerity in this forced +submission, used the precaution of removing the Five-burgers from the +towns of Mercia, in which they had been allowed to settle; because it +was always found, that they took advantage of every commotion, and +introduced the rebellious, or foreign Danes, into the heart of the +kingdom. He also conquered Cumberland from the Britons; and conferred +that territory on Malcolm, King of Scotland, on condition that he +should do him homage for it, and protect the north from all future +incursions of the Danes. +[FN [d] W. Malmes. lib. 2. cap. 7. Brompton, p. 857] + +Edmund was young when he came to the crown; yet was his reign short, +as his death was violent. One day as he was solemnizing a festival in +the county of Gloucester, he remarked, that Leolf, a notorious robber, +whom he had sentenced to banishment, had yet the boldness to enter the +hall where he himself dined, and to sit at table with his attendants. +Enraged at this insolence, he ordered him to leave the room; but on +his refusing to obey, the king, whose temper, naturally choleric, was +inflamed by this additional insult, leaped on him himself, and seized +him by the hair: but the ruffian, pushed to extremity, drew his +dagger, and gave Edmund a wound, of which he immediately expired. +This event happened in the year 946, and in the sixth year of the +king’s reign. Edmund left male issue, but so young, that they were +incapable of governing the kingdom; and his brother, Edred, was +promoted to the throne. + +[MN Edred 946.] +The reign of this prince, as those of his predecessors, was disturbed +by the rebellions and incursions of the Northumbrian Danes, who, +though frequently quelled, were never entirely subdued, nor had ever +paid a sincere allegiance to the crown of England. The accession of a +new king seemed to them a favourable opportunity for shaking off the +yoke; but on Edred’s appearance with an army, they made him their +wonted submissions; and the king having wasted the country with fire +and sword, as a punishment for their rebellion, obliged them to renew +their oaths of allegiance; and he straight retired with his forces. +The obedience of the Danes lasted no longer than the present terror. +Provoked at the devastations of Edred, and even reduced by necessity +to subsist on plunder, they broke into a new rebellion, and were again +subdued; but the king, now instructed by experience, took greater +precautions against their future revolt. He fixed English garrisons +in their most considerable towns; and placed over them an English +governor, who might watch all their motions, and suppress any +insurrection on its first appearance. He obliged also Malcolm, King +of Scotland, to renew his homage for the lands which he held in +England. + +Edred, though not unwarlike, nor unfit for active life, lay under the +influence of the lowest superstition, and had blindly delivered over +his conscience to the guidance of Dunstan, commonly called St. +Dunstan, Abbot of Glastonbury, whom he advanced to the highest +offices, and who covered, under the appearance of sanctity, the most +violent and most insolent ambition. Taking advantage of the implicit +confidence reposed in him by the king, this churchman imported into +England a new order of monks, who much changed the state of +ecclesiastical affairs, and excited, on their first establishment, the +most violent commotions. + +From the introduction of Christianity among the Saxons, there had been +monasteries in England; and these establishments had extremely +multiplied, by the donations of the princes and nobles; whose +superstition, derived from their ignorance and precarious life, and +increased by remorse for the crimes into which they were so frequently +betrayed, knew no other expedient for appeasing the Deity than a +profuse liberality towards the ecclesiastics. But the monks had +hitherto been a species of secular priests, who lived after the manner +of the present canons or prebendaries, and were both intermingled, in +some degree, with the world, and endeavoured to render themselves +useful to it. They were employed in the education of youth [e]: they +had the disposal of their own time and industry: they were not +subjected to the rigid rules of an order: they had made no vows of +implicit obedience to their superiors [f]: and they still retained the +choice, without quitting the convent, either of a married or a single +life [g]. But a mistaken piety had produced in Italy a new species of +monks called Benedictines; who, carrying farther the plausible +principles of mortification, secluded themselves entirely from the +world, renounced all claim to liberty, and made a merit of the most +inviolable chastity. These practices and principles, which +superstition at first engendered, were greedily embraced and promoted +by the policy of the court of Rome. The Roman pontiff, who was making +every day great advances towards an absolute sovereignty over the +ecclesiastics, perceived that the celibacy of the clergy alone could +break off entirely their connexion with the civil power, and depriving +them of every other object of ambition, engage them to promote, with +unceasing industry, the grandeur of their own order. He was sensible, +that so long as the monks were indulged in marriage, and were +permitted to rear families, they never could be subjected to strict +discipline, or reduced to that slavery under their superiors, which +was requisite to procure to the mandates issued from Rome, a ready and +zealous obedience. Celibacy, therefore, began to be extolled, as the +indispensable duty of priests; and the pope undertook to make all the +clergy throughout the western world renounce at once the privilege of +marriage: a fortunate policy; but at the same time an undertaking the +most difficult of any, since he had the strongest propensities of +human nature to encounter, and found, that the same connexions with +the female sex, which generally encourage devotion, were here +unfavourable to the success of his project. It is no wonder +therefore, that this master-stroke of art should have met with violent +contradiction, and that the interests of the hierarchy, and the +inclinations of the priests, being now placed in this singular +opposition, should, notwithstanding the continued efforts of Rome, +have retarded the execution of that bold scheme, during the course of +near three centuries. +[FN [e] Osberne in Anglia Sacra, tom. 2. p. 92. [f] Osberne, p. 91. +[g] See Wharton’s notes to Anglia Sacra, tom. 2. p. 91. Gervase, p. +1645. Chron Wint. MS. apud Spell. Conc. p. 434.] + +As the bishops and parochial clergy lived apart with their families, +and were more connected with the world, the hopes of success with them +were fainter; and the pretence for making them renounce marriage was +much less plausible. But the pope, having cast his eye on the monks +as the basis of his authority, was determined to reduce them under +strict rules of obedience, to procure them the credit of sanctity by +an appearance of the most rigid mortification, and to break off all +their other ties which might interfere with his spiritual policy. +Under pretence, therefore, of reforming abuses, which were, in some +degree, unavoidable in the ancient establishments, he had already +spread over the southern countries of Europe the severe laws of the +monastic life, and began to form attempts towards a like innovation in +England. The favourable opportunity offered itself, (and it was +greedily seized,) arising from the weak, superstition of Edred, and +the violent impetuous character of Dunstan. + +Dunstan was born of noble parents in the west of England; and being +educated under his uncle Aldhelm, then Archbishop of Canterbury, had +betaken himself to the ecclesiastical life, and had acquired some +character in the court of Edmund. He was, however, represented to +that prince as a man of licentious manners [h]: and finding his +fortune blasted by these suspicions, his ardent ambition prompted him +to repair his indiscretions by running into an opposite extreme. He +secluded himself entirely from the world; he framed a cell so small, +that he could neither stand erect in it nor stretch out his limbs +during his repose; and he here employed himself perpetually either in +devotion or in manual labour [i]. It is probable, that his brain +became gradually crazed by these solitary occupations, and that his +head was filled with chimeras, which, being believed by himself and +his stupid votaries, procured him the general character of sanctity +among the people. He fancied that the devil, among the frequent +visits which he paid him, was one day more earnest than usual in his +temptations; till Dunstan, provoked at his importunity, seized him by +the nose with a pair of red-hot pincers, as he put his head into the +cell; and he held him there till that malignant spirit made the whole +neighbourhood resound with his bellowings. This notable exploit was +seriously credited and extolled by the public: it is transmitted to +posterity by one who, considering the age in which he lived, may pass +for a writer of some eloquence [k]; and it ensured to Dunstan a +reputation which no real piety, much less virtue, could, even in the +most enlightened period, have ever procured him with the people. +[FN [h] Osberne, p. 95 Matth West, p. 187. [i] Osberne, p. 96. [k] +Osberne, p. 97.] + +Supported by the character obtained in his retreat, Dunstan appeared +again in the world; and gained such an ascendant over Edred, who had +succeeded to the crown, as made him not only the director of that +prince’s conscience, but his counsellor in the most momentous affairs +of government. He was placed at the head of the treasury [l], and +being thus possessed both of power at court, and of credit with the +populace, he was enabled to attempt with success the most arduous +enterprises. Finding that his advancement had been owing to the +opinion of his austerity, he professed himself a partisan of the rigid +monastic rules; and after introducing that reformation into the +convents of Glastonbury and Abingdon, he endeavoured to render it +universal in the kingdom. +[FN [1] Ibid. p. 102. Wallingford, p. 541.] + +The minds of men were already well prepared for this innovation. The +praises of an inviolable chastity had been carried to the highest +extravagance by some of the first preachers of Christianity among the +Saxons: the pleasures of love had been represented as incompatible +with Christian perfection; and a total abstinence from all commerce +with the sex was deemed such a meritorious penance, as was sufficient +to atone for the greatest enormities. The consequence seemed natural, +that those, at least, who officiated at the altar should be clear of +this pollution; and when the doctrine of transubstantiation, which was +now creeping in [m], was once fully established, the reverence to the +real body of Christ in the eucharist bestowed on this argument an +additional force and influence. The monks knew how to avail +themselves of all these popular topics, and to set off their own +character to the best advantage. They affected the greatest austerity +of life and manners: they indulged themselves in the highest strains +of devotion: they inveighed bitterly against the vices and pretended +luxury of the age: they were particularly vehement against the +dissolute lives of the secular clergy, their rivals: every instance of +libertinism in any individual of that order was represented as a +general corruption: and where other topics of defamation were wanting, +their marriage became a sure subject of invective, and their wives +received the name of CONCUBINE, or other more opprobrious appellation. +The secular clergy, on the other hand, who were numerous and rich, and +possessed of the ecclesiastical dignities, defended themselves with +vigour, and endeavoured to retaliate upon their adversaries. The +people were thrown into agitation; and few instances occur of more +violent dissensions, excited by the most material differences in +religion, or rather by the most frivolous: since it is a just remark, +that the more affinity there is between theological parties, the +greater commonly is their animosity. +[FN [m] Spell. Conc. v. i. p. 452.] + +The progress of the monks, which was become considerable, was somewhat +retarded by the death of Edred, their partisan, who expired after a +reign of nine years [n]. He left children; but as they were infants, +his nephew, Edwy, son of Edmund, was placed on the throne. +[FN [n] Chron. Sax. p. 115.] + +[MN Edwy. 955.] +Edwy, at the time of his accession, was not above sixteen or seventeen +years of age, was possessed of the most amiable figure, and was even +endowed, according to authentic accounts, with the most promising +virtues [o]. He would have been the favourite of his people, had he +not unhappily, at the commencement of his reign, been engaged in a +controversy with the monks, whose rage, neither the graces of the body +nor virtues of the mind could mitigate, and who have pursued his +memory with the same unrelenting vengeance which they exercised +against his person and dignity during his short and unfortunate reign. +There was a beautiful princess of the royal blood, called Elgiva, who +had made impression on the tender heart of Edwy; and as he was of an +age when the force of the passions first begins to be felt, he had +ventured, contrary to the advice of his gravest counsellors, and the +remonstrances of the more dignified ecclesiastics [p], to espouse her; +though she was within the degrees of affinity prohibited by the canon +law [q]. As the austerity affected by the monks made them +particularly violent on this occasion, Edwy entertained a strong +prepossession against them; and seemed, on that account, determined +not to second their project of expelling the seculars from all the +convents, and of possessing themselves of those rich establishments. +War was therefore declared between the king and the monks; and the +former soon found reason to repent his provoking such dangerous +enemies. On the day of his coronation, his nobility were assembled in +a great hall, and were indulging themselves in that riot and disorder, +which, from the example of their German ancestors, had become habitual +to the English [r]; when Edwy, attracted by softer pleasures, retired +into the queen’s apartment, and in that privacy gave reins to his +fondness towards his wife, which was only moderately checked by the +presence of her mother. Dunstan conjectured the reason of the king’s +retreat; and carrying along with him Odo, Archbishop of Canterbury, +over whom he had gained an absolute ascendant, he burst into the +apartment, upbraided Edwy with his lasciviousness, probably bestowed +on the queen the most opprobrious epithet that can be applied to her +sex, and tearing him from her arms, pushed him back, in a disgraceful +manner, into the banquet of the nobles [s]. Edwy, though young, and +opposed by the prejudices of the people, found an opportunity of +taking revenge for this public insult. He questioned Dunstan +concerning the administration of the treasury during the reign of his +predecessor [t]; and when that minister refused to give any account of +money expended, as he affirmed, by orders of the late king, he accused +him of malversation in his office and banished him the kingdom. But +Dunstan’s cabal was not inactive during his absence; they filled the +public with high panegyrics on his sanctity; they exclaimed against +the impiety of the king and queen; and having poisoned the minds of +the people by these declamations, they proceeded to still more +outrageous acts of violence against the royal authority. Archbishop +Odo sent into the palace a party of soldiers, who seized the queen, +and, having burned her face with a red-hot iron, in order to destroy +that fatal beauty which had seduced Edwy, they carried her by force +into Ireland, there to remain in perpetual exile [u]. Edwy, finding +it in vain to resist, was obliged to consent to his divorce, which was +pronounced by Odo [w]; and catastrophe, still more dismal, awaited the +unhappy Elgiva. That amiable princess, being cured of her wounds, and +having even obliterated the scars with which Odo had hoped to deface +her beauty, returned into England, and was flying to the embraces of +the king, whom she still regarded as her husband; when she fell into +the hands of a party, whom the primate had sent to intercept her. +Nothing but her death could now give security to Odo and the monks; +and the most cruel death was requisite to satiate their vengeance. +She was hamstringed; and expired a few days after at Gloucester, in +the most acute torments [x]. +[FN [o] H. Hunting. lib. 5. p. 356. [p] W. Malmes. lib. 2. cap. 7. +[q] Ibid. [r] Wallingford, p. 542. [s] W. Malmes. lib. 2. cap. 7. +Osberne, p. 83, 105. M. West. p. 195, 196. [t] Wallingford, p. 542. +Alur. Beverl. p. 112. [u] Osberne, p. 84. Gervase, p. 1644. [w] +Hoveden, p. 425. [x] Osberne, p. 84. Gervase, p. 1645, 1646.] + +The English, blinded with superstition, instead of being shocked with +this inhumanity, exclaimed that the misfortunes of Edwy and his +consort were a just judgment for their dissolute contempt of the +ecclesiastical statutes. They even proceeded to rebellion against +their sovereign; and having placed Edgar at their head, the younger +brother of Edwy, a boy of thirteen years of age, they soon put him in +possession of Mercia, Northumberland, East Anglia; and chased Edwy +into the southern counties. That it might not be doubtful at whose +instigation this revolt was undertaken, Dunstan returned into England, +and took upon him the government of Edgar and his party. He was first +installed in the see of Worcester, then in that of London [y], and on +Odo’s death, and the violent expulsion of Brithelm, his successor, in +that of Canterbury [z]; of all which he long kept possession. Odo is +transmitted to us by the monks under the character of a man of piety; +Dunstan was even canonized: and is one of those numerous saints of the +same stamp who disgrace the Romish calendar. Meanwhile the unhappy +Edwy was excommunicated [a], and pursued with unrelenting vengeance; +but his death, which happened soon after, freed his enemies from all +further inquietude, and gave Edgar peaceable possession of the +government [b]. +[FN [y] Chron. Sax. p. 117. Flor Wigorn. p. 605. Wallingford, p. 544 +[z] Hoveden p. 425. Osberne, p. 109. [a] Brompton, p. 863. [b] See +note [B] at the end of the volume.] + +[MN Edgar.] +This prince, who mounted the throne in such early youth, soon +discovered an excellent capacity in the administration of affairs; and +his reign is one of the most fortunate that we meet with in the +ancient English history. He showed no aversion to war, he made the +wisest preparations against invaders; and by his vigour and foresight +he was enabled, without any danger of suffering insults, to indulge +his inclination towards peace, and to employ himself in supporting and +improving the internal government of his kingdom. He maintained a +body of disciplined troops; which he quartered in the north, in order +to keep the mutinous Northumbrians in subjection, and to repel the +inroads of the Scots. He built and supported a powerful navy [c]; and +that he might retain the seamen in the practice of their duty, and +always present a formidable armament to his enemies, he stationed +three squadrons off the coast, and ordered them to make, from time to +time, the circuit of his dominions [d]. The foreign Danes dared not +to approach a country which appeared in such a posture of defence: the +domestic Danes saw inevitable destruction to be the consequence of +their tumults and insurrections: the neighbouring sovereigns, the King +of Scotland, the Princes of Wales, of the Isle of Man, of the Orkneys, +and even of Ireland [e], were reduced to pay submission to so +formidable a monarch. He carried his superiority to a great height, +and might have excited an universal combination against him, had not +his power been so well established as to deprive his enemies of all +hope of shaking it. It is said, that residing once at Chester, and +having purposed to go by water to the abbey of St. John the Baptist, +he obliged eight of his tributary princes to row him in a barge upon +the Dee [f]. The English historians are fond of mentioning the name +of Kenneth III, King of Scots, among the number: the Scottish +historians either deny the fact, or assert that their king, if ever he +acknowledged himself a vassal to Edgar, did him homage not for his +crown, but for the dominions which he held in England. +[FN [c] Higden, p. 265. [d] See note [C] at the end of the volume. +[e] Spell. Conc. p. 32. [f] W. Malmes. lib. 2. cap. 8. Hoveden, p. +406. H. Hunting. lib. 5. p. 356.] + +But the chief means by which Edgar maintained his authority, and +preserved public peace, was the paying of court to Dunstan and the +monks, who had at first placed him on the throne, and who, by their +pretensions to superior sanctity and purity of manners, had acquired +an ascendant over the people. He favoured their scheme for +dispossessing the secular canons of all the monasteries [g]; he +bestowed preferment on none but their partisans; he allowed Dunstan to +resign the see of Worcester into the hands of Oswald, one of his +creatures [h]; and to place Ethelwold, another of them, in that of +Winchester [i]; he consulted these prelates in the administration of +all ecclesiastical, and even in that of many civil affairs; and though +the vigour of his own genius prevented him from being implicitly +guided by them, the king and the bishops found such advantages in +their mutual agreement, that they always acted in concert, and united +their influence in preserving the peace and tranquillity of the +kingdom. +[FN [g] Chron. Sax. p. 117, 118. W. Malmes. lib. 2. cap. 8. Hoveden, +p. 425, 426 Osberne, p. 112. [h] W. Malmes. lib. 2. cap. 8. +Hoveden, p. 425.] + +In order to complete the great work of placing the new order of monks +in all the convents, Edgar summoned a general council of the prelates +and the heads of the religious orders. He here inveighed against the +dissolute lives of the secular clergy; the smallness of their tonsure, +which, it is probable, maintained no longer any resemblance to the +crown of thorns; their negligence in attending the exercise of their +function; their mixing with the laity in the pleasures of gaming, +hunting, dancing, and singing; and their openly living with +concubines, by which it is commonly supposed he meant their wives. He +then turned himself to Dunstan, the primate; and in the name of King +Edred, whom he supposed to look down from heaven with indignation +against all those enormities, he thus addressed him: "It is you, +Dunstan, by whose advice I founded monasteries, built churches, and +expended my treasure in the support of religion and religious houses. +You were my counsellor and assistant in all my schemes: you were the +director of my conscience: to you I was obedient in all things. When +did you call for supplies which I refused you? Was my assistance ever +wanting to the poor? Did I deny support and establishments to the +clergy and the convents? Did I not hearken to your instructions, who +told me that these charities were, of all others, the most grateful to +my Maker, and fixed a perpetual fund for the support of religion? And +are all our pious endeavours now frustrated by the dissolute lives of +the priests? Not that I throw any blame on you; you have reasoned, +besought, inculcated, inveighed; but it now behoves you to use sharper +and more vigorous remedies; and conjoining your spiritual authority +with the civil power, to purge effectually the temple of God from +thieves and intruders [k]." It is easy to imagine that this harangue +had the desired effect; and that, when the king and prelates thus +concurred with the popular prejudices, it was not long before the +monks prevailed, and established their new discipline in almost all +the convents. +[FN [i] Gervase, p. 1646. Brompton, p. 864. Flor. Wigorn. p. 606. +Chron. Abb. St. Petri de Burgo, p 27, 28. [k] Abbas Rieval. p. 360, +361. Spell. Conc. p. 476, 477, 478] + +We may remark, that the declamations against the secular clergy are, +both here and in all the historians, conveyed in general terms; and as +that order of men are commonly restrained by the decency of their +character, it is difficult to believe that the complaints against +their dissolute manners could be so universally just as is pretended. +It is more probable that the monks paid court to the populace by an +affected austerity of life; and representing the most innocent +liberties, taken by the other clergy, as great and unpardonable +enormities, thereby prepared the way for the increase of their own +power and influence. Edgar, however, like a true politician, +concurred with the prevailing party; and he even indulged them in +pretensions, which, though they might, when complied with, engage the +monks to support royal authority during his own reign, proved +afterwards dangerous to his successors, and gave disturbance to the +whole civil power. He seconded the policy of the court of Rome, in +granting to some monasteries an exemption from episcopal jurisdiction; +he allowed the convents, even those of royal foundation, to usurp the +election of their own abbot: and he admitted their forgeries of +ancient charters, by which, from the pretended grant of former kings, +they assumed many privileges and immunities [l] +[FN [l] Chron. Sax. p. 118. W. Malmes. lib. 2. cap. 8. Seldeni +Spicileg. ad Eadm. p. 149, 157.] + +These merits of Edgar have procured him the highest panegyrics from +the monks, and he is transmitted to us, not only under the character +of a consummate statesman and an active prince, praises to which he +seems to have been justly entitled, but under that of a of a great +saint and a man of virtue. But nothing could more betray both his +hypocrisy in inveighing against the licentiousness of the secular +clergy, and the interested spirit of his partisans, in bestowing such +eulogies on his piety, than the usual tenour of his conduct, which was +licentious to the highest degree, and violated every law, human and +divine. Yet those very monks who, as we are told by Ingulf, a very +ancient historian, had no idea of any moral or religious merit, except +chastity and obedience, not only connived at his enormities, but +loaded him with the greatest praises. History, however, has preserved +some instances of his amours, from which, as from a specimen, we may +form a conjecture of the rest. + +Edgar broke into a convent, carried off Editha, a nun, by force, and +even committed violence on her person [m]. For this act of sacrilege +he was reprimanded by Dunstan; and that he might reconcile himself to +the church, he was obliged not to separate from his mistress, but to +abstain from wearing his crown during seven years, and to deprive +himself so long of that vain ornament [n]; punishment very unequal to +that which had been inflicted on the unfortunate Edwy, who, for a +marriage which, in the strictest sense, could only deserve the name +of irregular, was expelled his kingdom, saw his queen treated with +singular barbarity, was loaded with calumnies, and has been +represented to us under the most odious colours. Such is the +ascendant which may be attained, by hypocrisy and cabal, over mankind. +[FN [m] W. Malmes. lib. 2. cap. 8. Osberne, p. 3. Diceto p. 457. +Higden, p. 265, 267, 266. Spell. Conc. p. 481. [n] Osberne, p. 111.] + +There was another mistress of Edgar, with whom he first formed a +connexion by a kind of accident. Passing one day by Andover, he +lodged in the house of a nobleman, whose daughter, being endowed with +all the graces of person and behaviour, inflamed him at first sight +with the highest desire; and he resolved by any expedient to gratify +it. As he had not leisure to employ courtship or address for +attaining his purpose, he went directly to her mother, declared the +violence of his passion, and desired that the young lady might be +allowed to pass that very night with him. The mother was a woman of +virtue, and determined not to dishonour her daughter and her family by +compliance; but being well acquainted with the impetuosity of the +king’s temper, she thought it would be easier, as well as safer, to +deceive than refuse him. She feigned therefore a submission to his +will; but secretly ordered a waiting maid, of no disagreeable figure, +to steal into the king’s bed, after all the company should be retired +to rest. In the morning before daybreak, the damsel, agreeably to the +injunctions of her mistress, offered to retire; but Edgar, who had no +reserve in his pleasures, and whose love to his bedfellow was rather +inflamed by enjoyment, refused his consent, and employed force and +entreaties to detain her. Elfleda, (for that was the name of the +maid,) trusting to her own charms, and to the love with which, she +hoped, she had now inspired the king, made probably but a faint +resistance; and the return of light discovered the deceit to Edgar. +He had passed a night so much to his satisfaction, that he expressed +no displeasure with the old lady on account of her fraud; his love was +transferred to Elfleda; she became his favourite mistress; and +maintained her ascendant over him till his marriage with Elfrida [o]. +[FN [o] W. Malmes. lib. 2. cap. 8. Higden, p. 268.] + +The circumstances of his marriage with this lady were more singular +and more criminal. Elfrida was daughter and heir of Olgar, Earl of +Devonshire; and though she had been educated in the country, and had +never appeared at court, she had filled all England with the +reputation of her beauty. Edgar himself, who was indifferent to no +accounts of this nature, found his curiosity excited by the frequent +panegyrics which he heard of Elfrida; and reflecting on her noble +birth, he resolved, if he found her charms answerable to their fame, +to obtain possession of her on honourable terms. He communicated his +intention to Earl Athelwold, his favourite; but used the precaution, +before he made any advances to her parents, to order that nobleman, on +some pretence, to pay them a visit, and to bring him a certain account +of the beauty of their daughter. Athelwold, when introduced to the +young lady, found general report to have fallen short of the truth; +and being actuated by the most vehement love, he determined to +sacrifice to this new passion his fidelity to his master, and to the +trust reposed in him. He returned to Edgar and told him, that the +riches alone, and high quality of Elfrida, had been the ground of the +admiration paid her; and that her charms, far from being anywise +extraordinary, would have been overlooked in a woman of inferior +station. When he had, by this deceit, diverted the king from his +purpose, he took an opportunity, after some interval, of turning again +the conversation on Elfrida; he remarked, that though the parentage +and fortune of the lady had not produced on him, as on others, any +illusion with regard to her beauty, he could not forbear reflecting, +that she would, on the whole, be an advantageous match for him, and +might, by her birth and riches, make him sufficient compensation for +the homeliness of her person. If the king, therefore, gave his +approbation, he was determined to make proposals in his own behalf to +the Earl of Devonshire, and doubted not to obtain his, as well as the +young lady’s consent to the marriage. Edgar, pleased with an +expedient for establishing his favourite’s fortune, not only exhorted +him to execute his purpose, but forwarded his success by his +recommendations to the parents of Elfrida; and Athelwold was soon made +happy in the possession of his mistress. Dreading, however, the +detection of the artifice, he employed every pretence for detaining +Elfrida in the country, and for keeping her at a distance from Edgar. + +The violent passion of Athelwold had rendered him blind to the +necessary consequences which must attend his conduct, and the +advantages which the numerous enemies that always pursue a royal +favourite would, by its means, be able to make against him. Edgar was +soon informed of the truth; but before he would execute vengeance on +Athelwold’s treachery, he resolved to satisfy himself with his own +eyes of the certainty and full extent of his guilt. He told him that +he intended to pay him a visit in his castle, and be introduced to the +acquaintance of his new married wife; and Athelwold, as he could not +refuse the honour, only craved leave to go before him a few hours, +that he might the better prepare every thing for his reception. He +then discovered the whole matter to Elfrida; and begged her, if she +had any regard either to her own honour or his life, to conceal from +Edgar, by every circumstance of dress and behaviour, that fatal +beauty, which had seduced him from fidelity to his friend, and had +betrayed him into so many falsehoods. Elfrida promised compliance, +though nothing was farther from her intentions. She deemed herself +little beholden to Athelwold for a passion which had deprived her of a +crown; and knowing the force of her own charms, she did not despair +even yet of reaching that dignity, of which her husband’s artifice had +bereaved her. She appeared before the king with all the advantages +which the richest attire and the most engaging airs could bestow upon +her, and she excited at once in his bosom the highest love towards +herself, and the most furious desire of revenge against her husband. +He knew, however, how to dissemble these passions; and seducing +Athelwold into a wood, on pretence of hunting, he stabbed him with his +own hand, and soon after publicly espoused Elfrida [p]. +[FN [p] W. Malmes. lib. 2. cap. 8. Hoveden, p. 426. Brompton, p. +865, 866. Flor. Wigorn. p. 606. Higd. p. 268.] + +Before we conclude our account of this reign, we must mention two +circumstances which are remarked by historians. The reputation of +Edgar allured a great number of foreigners to visit his court; and he +gave them encouragement to settle in England [q]. We are told that +they imported all the vices of their respective countries, and +contributed to corrupt the simple manners of the natives [r]. But as +this simplicity of manners, so highly and often so injudiciously +extolled, did not preserve them from barbarity and treachery, the +greatest of all vices, and the most incident to a rude uncultivated +people, we ought perhaps to deem their acquaintance with foreigners +rather an advantage; as it tended to enlarge their views, and to cure +them of those illiberal prejudices and rustic manners to which +islanders are often subject. +[FN [q] Chron. Sax. p. 116. H. Hunting. lib 5. p. 356. Brompton, p. +865. [r] W. Malmes. lib. 2. cap. 8.] + +Another remarkable incident of this reign was the extirpation of +wolves from England. This advantage was attained by the industrious +policy of Edgar. He took great pains in hunting and pursuing those +ravenous animals; and when he found that all that escaped him had +taken shelter in the mountains and forests of Wales, he changed the +tribute of money imposed on the Welsh princes by Athelstan, his +predecessor [s], into an annual tribute of three hundred heads of +wolves; which produced such diligence in hunting them, that the animal +has been no more seen in this island. +[FN [s] W. Malmes. lib. 2. cap. 6. Brompton, p. 838.] + +Edgar died after a reign of sixteen years, and in the thirty-third of +his age. He was succeeded by Edward, whom he had by his first +marriage with the daughter of Earl Ordmer. + +[MN Edward the Martyr. 957.] +The succession of this prince, who was only fifteen years of age at +his father’s death, did not take place without much difficulty and +opposition. Elfrida, his stepmother, had a son, Ethelred, seven years +old, whom she attempted to raise to the throne: she affirmed that +Edgar’s marriage with the mother of Edward was exposed to insuperable +objections; and as she had possessed great credit with her husband, +she had found means to acquire partisans, who seconded all her +pretensions. But the title of Edward was supported by many +advantages. He was appointed successor by the will of his father [t]: +he was approaching to man’s estate, and might soon be able to take +into his own hands the reins of government: the principal nobility, +dreading the imperious temper of Elfrida, were averse to her son’s +government, which must enlarge her authority, and probably put her in +possession of the regency: above all, Dunstan, whose character of +sanctity had given him the highest credit with the people, had +espoused the cause of Edward, over whom he had already acquired a +great ascendant [u]; and he was determined to execute the will of +Edgar in his favour. To cut off all opposite pretensions, Dunstan +resolutely anointed and crowned the young prince at Kingston; and the +whole kingdom, without farther dispute, submitted to him [w]. +[FN [t] Hoveden, p. 427. Eadmer, p. 3. [u] Eadmer, ex. edit. +Seldeni, p. 3. [w] W. Malm. lib. 2. cap. 9. Hoveden, p. 427. +Osberne, p. 113.] + +It was of great importance to Dunstan and the monks, to place on the +throne a king favourable to their cause: the secular clergy had still +partisans in England, who wished to support them in the possession of +the convents, and of the ecclesiastical authority. On the first +intelligence of Edgar’s death, Alfere, Duke of Mercia, expelled the +new orders of monks from all the monasteries which lay within his +jurisdiction [x]; but Elfwin, Duke of East Anglia, and Brithnot, Duke +of the East Saxons, protected them within their territories, and +insisted upon the execution of the late laws enacted in their favour. +In order to settle this controversy, there were summoned several +synods, which, according to the practice of those times, consisted +partly of ecclesiastical members, partly of the lay nobility. The +monks were able to prevail in these assemblies; though, as it appears, +contrary to the secret wishes, if not the declared inclination, of the +leading men in the nation [y]: they had more invention in forging +miracles to support their cause; or having been so fortunate as to +obtain, by their pretended austerities, the character of piety, their +miracles were more credited by the populace. +[FN [x] Chron. Sax. p. 123. W. Malmes. lib. 2, cap. 9. Hoveden, p. +427. Brompton, p. 870. Flor. Wigorn. p. 607. [y] W. Malmes. lib. 2. +cap. 9.] + +In one synod, Dunstan, finding the majority of votes against him, rose +up and informed the audience, that he had that instant received an +immediate revelation in behalf of the monks: the assembly was so +astonished at this intelligence, or probably so overawed by the +populace, that they proceeded no farther in their deliberations. In +another synod, a voice issued from the crucifix, and informed the +members that the establishment of the monks was founded on the will of +Heaven, and could not be opposed without impiety [z]. But the miracle +performed in the third synod was still more alarming: the floor of the +hall in which the assembly met sunk of a sudden and a great number of +the members were either bruised or killed by the fall. It was +remarked, that Dunstan had that day prevented the king from attending +the synod, and that the beam, on which his own chair stood, was the +only one that did not sink under the weight of the assembly [a]. But +these circumstances, instead of begetting any suspicion of +contrivance, were regarded as the surest proof of the immediate +interposition of Providence in behalf of those favourites of Heaven. +[FN [z] W. Malmes. lib. 2. cap. 9. Osberne, p. 112. Gervase, p. +1647. Brompton, p. 870. Higden, p. 269. [a] Chron. Sax. p. 124. W. +Malmes. lib. 2. cap. 9. Hoveden, p. 427. H. Hunting. lib. 5. p. 357. +Gervase, p. 1647. Brompton, p. 870. Flor. Wigorn. p. 607. Higden, +p. 269. Chron. Abb. St. Petri de Burgo, p. 29.] + +Edward lived four years after his accession, and there passed nothing +memorable during his reign. His death alone was memorable and +tragical [b]: this young prince was endowed with the most amiable +innocence of manners; and as his own intentions were always pure, he +was incapable of entertaining any suspicion against others. Though +his step-mother had opposed his succession, and had raised a party in +favour of her own son, he always showed her marks of regard, and even +expressed, on all occasions, the most tender affection towards his +brother. He was hunting one day in Dorsetshire; and being led by the +chase near Corfe-castle, where Elfrida resided, he took the +opportunity of paying her a visit, unattended by any of his retinue, +and he thereby presented her with the opportunity which she had long +wished for. After he had mounted his horse, he desired some liquor to +be brought him: while he was holding the cup to his head, a servant of +Elfrida approached him, and gave him a stab behind. The prince, +finding himself wounded, put spurs to his horse; but becoming faint by +loss of blood, he fell from the saddle, his foot stuck in the stirrup, +and he was dragged along by his unruly horse till he expired. Being +tracked by the blood, his body was found, and was privately interred +at Wareham by his servants. +[FN [b] Chron. Sax. p. 124.] + +The youth and innocence of this prince, with his tragical death, begat +such compassion among the people, that they believed miracles to be +wrought at his tomb; and they give him the appellation of Martyr, +though his murder had no connexion with any religious principle or +opinion. Elfrida built monasteries, and performed many penances, in +order to atone for her guilt; but could never, by all her hypocrisy or +remorses, recover the good opinion of the public, though so easily +deluded in those ignorant ages. + + + + +CHAPTER III. + +ETHELRED.--SETTLEMENT OF THE NORMANS.--EDMUND IRONSIDE.—CANUTE.-- +HAROLD HAREFOOT.--HARDICANUTE.--EDWARD THE CONFESSOR.--HAROLD. + + + +[MN Ethelred. 978.] +The freedom which England had so long enjoyed from the depredations of +the Danes seems to have proceeded, partly from the establishments +which that piratical nation had obtained in the north of France, and +which employed all their superfluous hands to people and maintain +them; partly from the vigour and warlike spirit of a long race of +English princes, who preserved the kingdom in a posture of defence by +sea and land, and either prevented or repelled every attempt of the +invaders. But a new generation of men being now sprung up in the +northern regions who could no longer disburthen themselves on +Normandy; the English had reason to dread that the Danes would again +visit an island to which they were invited, both by the memory of +their past successes, and by the expectation of assistance from their +countrymen, who, though long established in the kingdom, were not yet +thoroughly incorporated with the natives, nor had entirely forgotten +their inveterate habits of war and depredation. And as the reigning +prince was a minor, and even when he attained to man’s estate never +discovered either courage or capacity sufficient to govern his own +subjects, much less to repel a formidable enemy, the people might +justly apprehend the worst calamities from so dangerous a crisis. + +The Danes, before they durst attempt any important enterprise against +England, made an inconsiderable descent by way of trial; and having +landed from seven vessels near Southampton, they ravaged the country, +enriched themselves by spoil, and departed with impunity. Six years +after, they made a like attempt in the west, and met with like +success. The invaders having now found affairs in a very different +situation from that in which they formerly appeared, encouraged their +countrymen to assemble a greater force, and to hope for more +considerable advantages. [MN 991.] They landed in Essex, under the +command of two leaders; and having defeated and slain at Maldon, +Brithnot, duke of that county, who ventured, with a small body, to +attack them, they spread their devastations over all the neighbouring +provinces. In this extremity, Ethelred, to whom historians give the +epithet of the UNREADY, instead of rousing his people to defend with +courage their honour and their property, hearkened to the advice of +Siricius, Archbishop of Canterbury, which was seconded by many of the +degenerate nobility; and paying the enemy the sum of ten thousand +pounds, he bribed them to depart the kingdom. This shameful expedient +was attended with the success which might be expected. The Danes next +year appeared off the eastern coast, in hopes of subduing a people who +defended themselves by their money, which invited assailants, instead +of their arms, which repelled them. But the English, sensible of +their folly, had, in the interval, assembled in a great council, and +had determined to collect at London a fleet able to give battle to the +enemy [a]; though that judicious measure failed of success, from the +treachery of Alfric, Duke of Mercia, whose name is infamous in the +annals of that age, by the calamities which his repeated perfidy +brought upon his country. This nobleman had, in 983, succeeded to his +father Alfere in that extensive command; but being deprived of it two +years after, and banished the kingdom, he was obliged to employ all +his intrigue, and all his power, which was too great for a subject, to +be restored to his country, and reinstated in his authority. Having +had experience of the credit and malevolence of his enemies, he +thenceforth trusted for security, not to his services, or to the +affections of his fellow-citizens, but to the influence which he had +obtained over his vassals, and to the public calamities, which he +thought must, in every revolution, render his assistance necessary. +Having fixed this resolution, he determined to prevent all such +successes as might establish the royal authority, or render his own +situation dependent or precarious. As the English had formed the plan +of surrounding and destroying the Danish fleet in harbour, he +privately informed the enemy of their danger; and when they put to +sea, in consequence of this intelligence, he deserted to them, with +the squadron under his command, the night before the engagement, and +thereby disappointed all the efforts of his countrymen [b]. Ethelred, +enraged at his perfidy, seized his son Alfgar, and ordered his eyes to +be put out [c]. But such was the power of Alfric, that he again +forced himself into authority; and though he had given this specimen +of his character, and received this grievous provocation, it was found +necessary to intrust him anew with the government of Mercia. This +conduct of the court, which in all its circumstances is so barbarous, +weak, and imprudent, both merited and prognosticated the most grievous +calamities. +[FN [a] Chron. Sax. p. 126. [b] Chron.. Sax. p. 127. W. Malm. p. 62. +Higden, p. 270. [c] Chron. Sax. p.128. W. Malm. p. 62.] + +[MN 993.] The northern invaders, now well acquainted with the +defenceless condition of England, made a powerful descent under the +command of Sweyn, King of Denmark, and Olave, King of Norway; and +sailing up the Humber, spread on all sides their destructive ravages. +Lindesey was laid waste; Banbury was destroyed; and all the +Northumbrians, though mostly of Danish descent, were constrained +either to join the invaders, or to suffer under their depredations. A +powerful army was assembled to oppose the Danes, and a general action +ensued; but the English were deserted in the battle, from the +cowardice or treachery of their three leaders, all of them men of +Danish race, Frena, Frithegist, and Godwin, who gave the example of a +shameful flight to the troops under their command. + +Encouraged by this success, and still more by the contempt which it +inspired for their enemy, the pirates ventured to attack the centre of +the kingdom; and entering the Thames in ninety-four vessels, laid +siege to London, and threatened it with total destruction. But the +citizens, alarmed at the danger, and firmly united among themselves, +made a bolder defence than the cowardice of the nobility and gentry +gave the invaders reason to apprehend; and the besiegers, after +suffering the greatest hardships, were finally frustrated in their +attempt. In order to revenge themselves, they laid waste Essex, +Sussex, and Hampshire; and having there procured horses, they were +thereby enabled to spread through the more inland counties the fury of +their depredations. In this extremity, Ethelred and his nobles had +recourse to the former expedient; and sending ambassadors to the two +northern kings, they promised them subsistence and tribute, on +condition they would, for the present, put an end to their ravages, +and soon after depart the kingdom. Sweyn and Olave agreed to the +terms, and peaceably took up their quarters at Southampton, where the +sum of sixteen thousand pounds was paid to them. Olave even made a +journey to Andover, where Ethelred resided, and he received the rite +of confirmation from the English bishops, as well as many rich +presents from the king. He here promised that he would never more +infest the English territories; and he faithfully fulfilled the +engagement. This prince receives the appellation of St. Olave from +the church of Rome; and notwithstanding the general presumption which +lies either against the understanding or morals of every one who in +those ignorant ages was dignified with that title, he seems to have +been a man of merit and of virtue. Sweyn, though less scrupulous than +Olave, was constrained, upon the departure of the Norwegian prince, to +evacuate also the kingdom with all his followers. + +[MN 996.] This composition brought only a short interval to the +miseries of the English. The Danish pirates appeared soon after in +the Severn; and having committed spoil in Wales, as well as in +Cornwall and Devonshire, they sailed round to the south coast, and +entering the Tamar, completed the devastation of these two counties. +They then returned to the Bristol Channel; and penetrating into the +country by the Avon, spread themselves over all that neighbourhood, +and carried fire and sword even into Dorsetshire. [MN 998.] They +next changed the seat of war; and after ravaging the Isle of Wight, +they entered the Thames and Medway, and laid siege to Rochester, where +they defeated the Kentish men in a pitched battle. After this +victory, the whole province of Kent was made a scene of slaughter, +fire, and devastation. The extremity of these miseries forced the +English into councils for common defence both by sea and land; but the +weakness of the king, the divisions among the nobility, the treachery +of some, the cowardice of others, the want of concert in all, +frustrated every endeavour; their fleets and armies either came too +late to attack the enemy, or were repulsed with dishonour; and the +people were thus equally ruined by resistance or by submission. The +English, therefore, destitute both of prudence and unanimity in +council, of courage and conduct in the field, had recourse to the same +weak expedient which by experience they had already found so +ineffectual: they offered the Danes to buy peace, by paying them a +large sum of money. These ravagers rose continually in their demands; +and now required the payment of twenty-four thousand pounds, to which +the English were so mean and imprudent as to submit [d]. The +departure of the Danes procured them another short interval of repose, +which they enjoyed as if it were to be perpetual, without making any +effectual preparations for a more vigorous resistance upon the next +return of the enemy. +[FN [d] Hoveden, p. 429. Chron. Mailr. p. 150.] + +Besides receiving this sum, the Danes were engaged by another motive +to depart a kingdom which appeared so little in a situation to resist +their efforts: they were invited over by their countrymen in Normandy, +who at this time were hard pressed by the arms of Robert, King of +France, and who found it difficult to defend the settlement, which, +with so much advantage to themselves and glory to their nation, they +had made in that country. It is probable, also, that Ethelred, +observing the close connexions thus maintained among all the Danes, +however divided in government or situation, was desirous of forming an +alliance with that formidable people: for this purpose, being now a +widower, he made his addresses to Emma, sister to Richard II., Duke of +Normandy, and he soon succeeded in his negotiation. [MN 1001.] The +princess came over this year to England, and was married to Ethelred +[e]. +[FN [e] H. Hunt. p. 359. Higden, p. 271.] + +[MN Settlement of the Normans.] +In the end of the ninth and beginning of the tenth century, when the +north, not yet exhausted by that multitude of people, or rather +nations, which she had successively emitted, sent forth a new race, +not of conquerors, as before, but of pirates and ravagers, who +infested the countries possessed by her once warlike sons, lived +Rollo, a petty prince or chieftain of Denmark, whose valour and +abilities soon engaged the attention of his countrymen. He was +exposed in his youth to the jealousy of the King of Denmark, who +attacked his small but independent principality; and who, being foiled +in every assault, had recourse at last to perfidy for effecting his +purpose, which he had often attempted in vain by force of arms [f]: he +lulled Rollo into security by an insidious peace; and falling suddenly +upon him, murdered his brother and his bravest officers, and forced +him to fly for safety into Scandinavia. Here many of his ancient +subjects, induced partly by affection to their prince, partly by the +oppressions of the Danish monarch, ranged themselves under his +standard, and offered to follow him in every enterprise. Rollo, +instead of attempting to recover his paternal dominions, where he must +expect a vigorous resistance from the Danes, determined to pursue an +easier, but more important undertaking, and to make his fortune, in +imitation of his countrymen, by pillaging the richer and more southern +coasts of Europe. He collected a body of troops, which, like that of +all those ravagers, was composed of Norwegians, Swedes, Frisians, +Danes, and adventurers of all nations, who, being accustomed to a +roving unsettled life, took delight in nothing but war and plunder. +His reputation brought him associates from all quarters; and a vision, +which he pretended to have appeared to him in his sleep, and which, +according to his interpretation of it, prognosticated the greatest +successes, proved also a powerful incentive with those ignorant and +superstitious people [g]. +[FN [f] Dudo, ex edit. Duchesne, p. 70, 71. Gul. Gemeticencis, lib. +2. cap. 2, 3. [g] Dudo, p.71. Gul. Gem. in Epist. ad Gul. Conq.] + +The first attempt made by Rollo was on England, near the end of +Alfred's reign; when that great monarch, having settled Gothrum and +his followers in East Anglia, and others of those freebooters in +Northumberland, and having restored peace to his harassed country, had +established the most excellent military as well as civil institutions +among the English. The prudent Dane, finding that no advantages could +be gained over such a people, governed by such a prince, soon turned +his enterprises against France, which he found more exposed to his +inroads [h]; and during the reigns of Eudes, an usurper, and of +Charles the Simple, a weak prince, he committed the most destructive +ravages both on the inland and maritime provinces of that kingdom. +The French, having no means of defence against a leader who united all +the valour of his countrymen with the policy of more civilized +nations, were obliged to submit to the expedient practised by Alfred, +and to offer the invaders a settlement in some of those provinces +which they had depopulated by their +arms [i]. +[FN [h] Gul. Gemet. lib. 2. cap. 6. [i] Dudo, p. 82.] + +The reason why the Danes for many years pursued measures so different +from those which had been embraced by the Goths, Vandals, Franks, +Burgundians, Lombards, and other northern conquerors, was the great +difference in the method of attack which was practised by these +several nations, and to which the nature of their respective +situations necessarily confined them. The latter tribes, living in an +inland country, made incursions by land upon the Roman empire; and +when they entered far into the frontiers, they were obliged to carry +along with them their wives and families, whom they had no hopes of +soon revisiting, and who could not otherwise participate of their +plunder. This circumstance quickly made them think of forcing a +settlement in the provinces which they had overrun; and these +barbarians, spreading themselves over the country, found an interest +in protecting the property and industry of the people whom they had +subdued. But the Danes and Norwegians, invited by their maritime +situation, and obliged to maintain themselves in their uncultivated +country by fishing, had acquired some experience of navigation, and in +their military excursions pursued the method practised against the +Roman empire by the more early Saxons: they made descents in small +bodies from their ships, or rather boats, and ravaging the coasts, +returned with their booty to their families, whom they could not +conveniently carry along with them in those hazardous enterprises. +But when they increased their armaments, made incursions into the +inland countries, and found it safe to remain longer in the midst of +the enfeebled enemy, they had been accustomed to crowd their vessels +with their wives and children; and having no longer any temptation to +return to their own country, they willingly embraced an opportunity of +settling in the warm climates and cultivated fields of the south. + +Affairs were in this situation with Rollo and his followers, when +Charles proposed to relinquish to them part of the province formerly +called Neustria, and to purchase peace on these hard conditions. +After all the terms were fully settled, there appeared only one +circumstance shocking to the haughty Dane: he was required to do +homage to Charles for this province, and to put himself in that +humiliating posture imposed on vassals by the rites of the feudal law. +He long refused to submit to this indignity; but being unwilling to +lose such important advantages for a mere ceremony, he made a +sacrifice of his pride to his interest, and acknowledged himself, in +form, the vassal of the French monarch [k]. Charles gave him his +daughter, Gisla, in marriage; and that he might bind him faster to his +interests, made him a donation of a considerable territory, besides +that which he was obliged to surrender to him by his stipulations. +When some of the French nobles informed him, that in return for so +generous a present it was expected that he should throw himself at the +king's feet and make suitable acknowledgments for his bounty, Rollo +replied, that he would rather decline the present; and it was with +some difficulty they could persuade him to make that compliment by one +of his captains. The Dane commissioned for this purpose, full of +indignation at the order, and despising so unwarlike a prince, caught +Charles by the foot, and pretending to carry it to his mouth, that he +might kiss it, overthrew him before all his courtiers. The French, +sensible of their present weakness, found it prudent to overlook this +insult [l]. +[FN [k] Ypod. Neust. p. 417. [1] Gul Gemet. lib. 2. cap. 17.] + +Rollo, who was now in the decline of life, and was tired of wars and +depredations, applied himself, with mature counsels, to the settlement +of his newly-acquired territory, which was thenceforth called +Normandy; and he parcelled it out among his captains and followers. +He followed, in this partition, the customs of the feudal law, which +was then universally established in the southern countries of Europe, +and which suited the peculiar circumstances of that age. He treated +the French subjects, who submitted to him, with mildness and justice; +he reclaimed his ancient followers from their ferocious violence; he +established law and order throughout his state; and after a life spent +in tumult and ravages, he died peaceably in a good old age, and left +his dominions to his posterity [m]. +[FN [m] Ibid. cap. 19, 20, 21.] + +William I. who succeeded him, governed the duchy twenty-five years; +and, during that time, the Normans were thoroughly intermingled with +the French, had acquired their language, had imitated their manners, +and had made such progress towards cultivation, that on the death of +William, his son Richard, though a minor [n], inherited his dominions: +a sure proof that the Normans were already somewhat advanced in +civility, and that their government could now rest secure on its laws +and civil institutions, and was not wholly sustained by the abilities +of the sovereign. Richard, after a long reign of fifty-four years, +was succeeded by his son of the same name in the year 996 [o]; which +was eighty-five years after the first establishment of the Normans in +France. This was the duke who gave his sister Emma in marriage to +Ethelred, King of England, and who thereby formed connexions with a +country which his posterity was so soon after destined to subdue. +[FN [n] Order. Vitalis, p. 459. Gul. Gemet. lib. 4. cap. 1. [o] +Order. Vitalis, p. 459.] + +The Danes had been established during a longer period in England than +in France; and though the similarity of their original language to +that of the Saxons invited them to a more early coalition with the +natives, they had hitherto found so little example of civilized +manners among the English, that they retained all their ancient +ferocity, and valued themselves only on their national character of +military bravery. The recent as well as more ancient achievements of +their countrymen tended to support this idea; and the English princes, +particularly Athelstan and Edgar, sensible of that superiority, had +been accustomed to keep in pay bodies of Danish troops, who were +quartered about the country, and committed many violences upon the +inhabitants. These mercenaries had attained to such a height of +luxury, according to the old English writers [p], that they combed +their hair once a day, bathed themselves once a week, changed their +clothes frequently; and by all these arts of effeminacy, as well as by +their military character, had rendered themselves so agreeable to the +fair sex, that they debauched the wives and daughters of the English, +and dishonoured many families. But what most provoked the +inhabitants, was, that instead of defending them against invaders, +they were ever ready to betray them to the foreign Danes, and to +associate themselves with all straggling parties of that nation. The +animosity between the inhabitants of English and Danish race had from +these repeated injuries risen to a great height; when Ethelred, from a +policy incident to weak princes, embraced the cruel resolution of +massacring the latter throughout all his dominions [q]. [MN 1002.] +Secret orders were despatched to commence the execution everywhere on +the same day; and the festival of St. Brice [MN Nov. 13.], which fell +on a Sunday, the day on which the Danes usually bathed themselves, was +chosen for that purpose. It is needless to repeat the accounts +transmitted concerning the barbarity of this massacre: the rage of the +populace, excited by so many injuries, sanctioned by authority, and +stimulated by example, distinguished not between innocence and guilt, +spared neither sex nor age, and was not satiated without the tortures +as well as death of the unhappy victims. Even Gunilda, sister to the +King of Denmark, who had married Earl Paling, and had embraced +Christianity, was, by the advice of Edric, Earl of Wilts, seized and +condemned to death by Ethelred, after seeing her husband and children +butchered before her face. This unhappy princess foretold, in the +agonies of despair, that her murder would soon be avenged by the total +ruin of the English nation. +[FN [p] Wallingford, p. 547. [q] See note [D] at the end of the +volume.] + +[MN 1003.] +Never was prophecy better fulfilled; and never did barbarous policy +prove more fatal to the authors. Sweyn and his Danes, who wanted but +a pretence for invading the English, appeared off the western coast, +and threatened to take full revenge for the slaughter of their +countrymen. Exeter fell first into their hands, from the negligence +or treachery of Earl Hugh, a Norman, who had been made governor by the +interest of Queen Emma. They began to spread their devastations over +the country; when the English, sensible what outrages they must now +expect from their barbarous and offended enemy, assembled more early, +and in greater numbers than usual, and made an appearance of vigorous +resistance. But all these preparations were frustrated by the +treachery of Duke Alfric, who was intrusted with the command, and who, +feigning sickness, refused to lead the army against the Danes, till it +was dispirited, and at last dissipated, by his fatal misconduct. +Alfric soon after died; and Edric, a greater traitor than he, who had +married the king's daughter, and had acquired a total ascendant over +him, succeeded Alfric in the government of Mercia, and in the command +of the English armies. A great famine, proceeding partly from the bad +seasons, partly from the decay of agriculture, added to all the other +miseries of the inhabitants. The country, wasted by the Danes, +harassed by the fruitless expeditions of its own forces, was reduced +to the utmost desolation; and at last [MN 1007.] submitted to the +infamy of purchasing a precarious peace from the enemy, by the payment +of thirty thousand pounds. + +The English endeavoured to employ this interval in making preparations +against the return of the Danes, which they had reason soon to expect. +A law was made, ordering the proprietors of eight hides of land to +provide each a horseman and a complete suit of armour; and those of +three hundred and ten hides to equip a ship for the defence of the +coast. When this navy was assembled, which must have consisted of +near eight hundred vessels [r], all hopes of its success were +disappointed by the factions, animosities, and dissensions of the +nobility Edric had impelled his brother Brightric to prefer an +accusation of treason against Wolfnoth, Governor of Sussex, the father +of the famous Earl Godwin; and that nobleman, well acquainted with the +malevolence, as well as power of his enemy, found no means of safety +but in deserting with twenty ships to the Danes. Brightric pursued +him with a fleet of eighty sail; but his ships being shattered in a +tempest, and stranded on the coast, he was suddenly attacked by +Wolfnoth, and all his vessels were burnt or destroyed. The imbecility +of the king was little capable of repairing this misfortune: the +treachery of Edric frustrated every plan for future defence; and the +English navy, disconcerted, discouraged, and divided, was at last +scattered into its several harbours. +[FN [r] There were 243,600 hides in England. Consequently the ships +equipped must be 785. The cavalry was 30,450 men.] + +It is almost impossible, or would be tedious, to relate particularly +all the miseries to which the English were thenceforth exposed. We +hear of nothing but the sacking and burning of towns; the devastation +of the open country; the appearance of the enemy in every quarter of +the kingdom; their cruel diligence in discovering any corner which had +not been ransacked by their former violence. The broken and +disjointed narration of the ancient historians is here well adapted to +the nature of the war, which was conducted by such sudden inroads as +would have been dangerous even to an united and well-governed kingdom, +but proved fatal, where nothing but a general consternation and mutual +diffidence and dissension prevailed. The governors of one province +refused to march to the assistance of another, and were at last +terrified from assembling their forces for the defence of their own +province. General councils were summoned; but either no resolution +was taken, or none was carried into execution. And the only expedient +in which the English agreed, was the base and imprudent one of buying +a new peace from the Danes, by the payment of forty-eight thousand +pounds. + +[MN 1011.] This measure did not bring them even that short interval +of repose which they had expected from it. The Danes, disregarding +all engagements, continued their devastations and hostilities; levied +a new contribution of eight thousand pounds upon the county of Kent +alone; murdered the Archbishop of Canterbury, who had refused to +countenance this exaction; and the English nobility found no other +resource than that of submitting every where to the Danish monarch, +swearing allegiance to him [MN 1013.], and delivering him hostages for +their fidelity. Ethelred, equally afraid of the violence of the enemy +and the treachery of his own subjects, fled into Normandy, whither he +had sent before him Queen Emma and her two sons, Alfred and Edward. +Richard received his unhappy guests with a generosity that does honour +to his memory. + +[MN 1014.] The king had not been above six weeks in Normandy when he +heard of the death of Sweyn, who expired at Gainsborough, before he +had time to establish himself in his newly acquired dominions. The +English prelates and nobility, taking advantage of this event, sent +over a deputation to Normandy, inviting Ethelred to return to them, +expressing a desire of being again governed by their native prince, +and intimating their hopes, that being now tutored by experience, he +would avoid all those errors which had been attended with such +misfortunes to himself and to his people. But the misconduct of +Ethelred was incurable; and on his resuming the government, he +discovered the same incapacity, indolence, cowardice, and credulity, +which had so often exposed him to the insults of his enemies. His +son-in-law, Edric, notwithstanding his repeated treasons, retained +such influence at court as to instil into the king jealousies of +Sigefert and Morcar, two of the chief nobles of Mercia: Edric allured +them into his house, where he murdered them; while Ethelred +participated in the infamy of the action, by confiscating their +estates and thrusting into a convent the widow of Sigefert. She was a +woman of singular beauty and merit; and in a visit which was paid her, +during her confinement, by Prince Edmond, the king’s eldest son, she +inspired him with so violent an affection, that he released her from +the convent, and soon after married her, without the consent of his +father. + +Meanwhile the English found in Canute, the son and successor of Sweyn, +an enemy no less terrible than the prince from whom death had so +lately delivered them. He ravaged the eastern coast with merciless +fury, and put ashore all the English hostages at Sandwich, after +having cut off their hands and noses. He was obliged, by the +necessity of his affairs, to make a voyage to Denmark; but returning +soon after, he continued his depredations along the southern coast: he +even broke into the counties of Dorset, Wilts, and Somerset; where an +army was assembled against him, under the command of Prince Edmond and +Duke Edric. The latter still continued his perfidious machinations; +and after endeavouring in vain to get the prince into his power, he +found means to disperse the army; and he then openly deserted to +Canute with forty vessels. [MN 1015.] + +Notwithstanding this misfortune, Edmond was not disconcerted; but, +assembling all the force of England, was in a condition to give battle +to the enemy. The king had had such frequent experience of perfidy +among his subjects, that he had lost all confidence in them: he +remained at London, pretending sickness, but really from apprehensions +that they intended to buy their peace, by delivering him into the +hands of his enemies. The army called aloud for their sovereign to +march at their head against the Danes; and, on his refusal to take the +field, they were so discouraged, that those vast preparations became +ineffectual for the defence of the kingdom. Edmond, deprived of all +regular supplies to maintain his soldiers, was obliged to commit equal +ravages with those which were practised by the Danes; and after making +some fruitless expeditions into the north, which had submitted +entirely to Canute’s power, he retired to London, determined there to +maintain, to the last extremity, the small remains of English liberty. +[MN 1016.] He here found every thing in confusion by the death of the +king, who expired after an unhappy and inglorious reign of thirty-five +years. He left two sons by his first marriage, Edmond, who succeeded +him, and Edwy, whom Canute afterwards murdered. His two sons by the +second marriage, Alfred and Edward, were immediately, upon Ethelred’s +death, conveyed into Normandy by Queen Emma. + +[MN Edmond Ironside.] +This prince, who received the name of Ironside from his hardy valour, +possessed courage and abilities sufficient to have prevented his +country from sinking into those calamities, but not to raise it from +that abyss of misery into which it had already fallen. Among the +other misfortunes of the English, treachery and disaffection had crept +in among the nobility and prelates; and Edmond found no better +expedient for stopping the farther progress of these fatal evils, than +to lead his army instantly into the field, and to employ them against +the common enemy. After meeting with some success at Gillingham, he +prepared himself to decide, in one general engagement, the fate of his +crown; and at Scoerston, in the county of Gloucester, he offered +battle to the enemy, who were commanded by Canute and Edric. Fortune, +in the beginning of the day, declared for him; but Edric, having cut +off the head of one Osmer, whose countenance resembled that of Edmond, +fixed it on a spear, carried it through the ranks in triumph, and +called aloud to the English, that it was time to fly; for, behold! the +head of their sovereign. And though Edmond, observing the +consternation of the troops, took off his helmet and showed himself to +them, the utmost he could gain by his activity and valour was to leave +the victory undecided. Edric now took a surer method to ruin him, by +pretending to desert to him, and as Edmond was well acquainted with +his power, and probably knew no other of the chief nobility in whom he +could repose more confidence, he was obliged, notwithstanding the +repeated perfidy of the man, to give him a considerable command in the +army. A battle soon after ensued at Assington in Essex, where Edric, +flying in the beginning of the day, occasioned the total defeat of the +English, followed by a great slaughter of the nobility. The +indefatigable Edmond, however, had still resources; assembling a new +army at Gloucester, he was again in a condition to dispute the field; +when the Danish and English nobility, equally harassed with those +convulsions, obliged their kings to come to a compromise, and to +divide the kingdom between them by treaty. Canute reserved to himself +the northern division, consisting of Mercia, East Anglia, and +Northumberland, which he had entirely subdued; the southern parts were +left to Edmond. This prince survived the treaty about a month. He +was murdered at Oxford by two of his chamberlains, accomplices of +Edric, who thereby made way for the succession of Canute the Dane to +the crown of England. + +[MN Canute 1017.] +The English, who had been unable to defend their country, and maintain +their independency, under so active and brave a prince as Edmond, +could, after his death, expect nothing but total subjection from +Canute, who, active and brave himself, and at the head of a great +force, was ready to take advantage of the minority of Edwin and +Edward, the two sons of Edmond. Yet this conqueror, who was commonly +so little scrupulous, showed himself anxious to cover his injustice +under plausible pretences; before he seized the dominions of the +English princes, he summoned a general assembly of the states, in +order to fix the succession of the kingdom. He here suborned some +nobles to depose that, in the treaty of Gloucester, it had been +verbally agreed either to name Canute, in case of Edmond’s death, +successor to his dominions, or tutor to his children (for historians +vary in this particular); and that evidence, supported by the great +power of Canute, determined the states immediately to put the Danish +monarch in possession of the government. Canute, jealous of the two +princes, but sensible that he should render himself extremely odious +if he ordered them to be despatched in England, sent them abroad to +his ally, the King of Sweden, whom he desired, as soon as they arrived +at his court, to free him by their death from all farther anxiety. +The Swedish monarch was too generous to comply with the request, but +being afraid of drawing on himself a quarrel with Canute, by +protecting the young princes, he sent them to Solomon, King of +Hungary, to be educated in his court. The elder, Edwin, was +afterwards married to the sister of the King of Hungary, but the +English prince dying without issue, Solomon gave his sister-in-law, +Agatha, daughter of the Emperor Henry II., in marriage to Edward, the +younger brother; and she bore him Edgar Atheling, Margaret, afterwards +queen of Scotland, and Christiana, who retired into a convent. + +Canute, though he had reached the great point of his ambition, in +obtaining possession of the English crown, was obliged at first to +make great sacrifices to it; and to gratify the chief of the nobility, +by bestowing on them the most extensive governments and jurisdictions. +He created Thurkill Earl or Duke of East Anglia, (for these titles +were then nearly of the same import,) Yric of Northumberland, and +Edric of Mercia, reserving only to himself the administration of +Wessex. But seizing afterwards a favourable opportunity, he expelled +Thurkill and Yric from their governments, and banished them the +kingdom; he put to death many of the English nobility, on whose +fidelity he could not rely, and whom he hated on account of their +disloyalty to their native prince. And even the traitor Edric, having +had the assurance to reproach him with his services, was condemned to +be executed, and his body to be thrown into the Thames; a suitable +reward for his multiplied acts of perfidy and rebellion. + +Canute also found himself obliged, in the beginning of his reign, to +load the people with heavy taxes, in order to reward his Danish +followers: he exacted from them at one time the sum of seventy-two +thousand pounds; besides eleven thousand pounds, which he levied on +London alone. He was probably willing, from political motives, to +mulct severely that city, on account of the affection which it had +borne to Edmond, and the resistance which it had made to the Danish +power in two obstinate sieges [s]. But these rigours were imputed to +necessity; and Canute, like a wise prince, was determined that the +English, now deprived of all their dangerous leaders, should be +reconciled to the Danish yoke by the justice and impartiality of his +administration. He sent back to Denmark as many of his followers as +he could safely spare; he restored the Saxon customs in a general +assembly of the states; he made no distinction between Danes and +English in the distribution of justice; and he took care, by a strict +execution of law, to protect the lives and properties of all his +people. The Danes were gradually incorporated with his new subjects; +and both were glad to obtain a little respite from those multiplied +calamities from which the one, no less than the other, had, in their +fierce contest for power, experienced such fatal consequences. +[FN [s] W. Malm. p. 72. In one of these sieges, Canute diverted the +course of the Thames, and by that means brought his ships above London +bridge.] + +The removal of Edmond’s children into so distant a country as Hungary, +was, next to their death, regarded by Canute as the greatest security +to his government: he had no farther anxiety, except with regard to +Alfred and Edward, who were protected and supported by their uncle, +Richard Duke of Normandy. Richard even fitted out a great armament, +in order to restore the English princes to the throne of their +ancestors; and, though the navy was dispersed by a storm, Canute saw +the danger to which he was exposed from the enmity of so warlike a +people as the Normans. In order to acquire the friendship of the +duke, he paid his addresses to Queen Emma, sister of that prince; and +promised that he would leave the children whom he should have by that +marriage in possession of the crown of England. Richard complied with +his demand, and sent over Emma to England, where she was soon after +married to Canute [t]. The English, though they disapproved of her +espousing the mortal enemy of her former husband and his family, were +pleased to find at court a sovereign to whom they were accustomed, and +who had already formed connexions with them; and thus Canute, besides +securing by this marriage the alliance of Normandy, gradually +acquired, by the same means, the confidence of his own subjects [u]. +The Norman prince did not long survive the marriage of Emma; and he +left the inheritance of the duchy to his eldest son of the same name; +who dying a year after him without children, was succeeded by his +brother Robert, a man of valour and abilities. +[FN [t] Chron Sax. p. 151. W. Malmes. p. 73. [u] W. Malmes. p. 73. +Higden, p. 275.] + +Canute, having settled his power in England beyond all danger of a +revolution, made a voyage to Denmark, in order to resist the attacks +of the King of Sweden; and he carried along with him a great body of +the English, under the command of Earl Godwin. This nobleman had here +an opportunity of performing a service by which he both reconciled the +king’s mind to the English nation, and, gaining to himself the +friendship of his sovereign, laid the foundation of that immense +fortune which he acquired to his family. He was stationed next the +Swedish camp, and observing a favourable opportunity which he was +obliged suddenly to seize, he attacked the enemy in the night, drove +them from their trenches, threw them into disorder, pursued his +advantage, and obtained a decisive victory over them. Next morning, +Canute seeing the English camp entirely abandoned, imagined that those +disaffected troops had deserted to the enemy: he was agreeably +surprised to find that they were at that time engaged in pursuit of +the discomfited Swedes. He was so pleased with this success, and with +the manner of obtaining it, that he bestowed his daughter in marriage +upon Godwin, and treated him ever after with entire confidence and +regard. + +[MN 1028.] In another voyage, which he made afterwards to Denmark, +Canute attacked Norway, and expelling the just but unwarlike Olaus, +kept possession of his kingdom till the death of that prince. He had +now, by his conquests and valour, attained the utmost height of +grandeur; having leisure from wars and intrigues, he felt the +unsatisfactory nature of all human enjoyments; and, equally weary of +the glories and turmoils of this life, he began to cast his view +towards that future existence, which it is so natural for the human +mind, whether satiated by prosperity, or disgusted with adversity, to +make the object of its attention. Unfortunately, the spirit which +prevailed in that age gave a wrong direction to his devotion; instead +of making compensation to those whom he had injured by his former acts +of violence, he employed himself entirely in those exercises of piety +which the monks represented as the most meritorious. He built +churches, he endowed monasteries, he enriched the ecclesiastics, and +he bestowed revenues for the support of chantries at Assington and +other places, where he appointed prayers to be said for the souls of +those who had there fallen in battle against him. He even undertook a +pilgrimage to Rome, where he resided a considerable time; besides +obtaining from the pope some privileges for the English school erected +there, he engaged all the princes through whose dominions he was +obliged to pass to desist from those heavy impositions and tolls which +they were accustomed to exact from the English pilgrims. By this +spirit of devotion, no less than by his equitable and politic +administration, he gained, in a good measure, the affections of his +subjects. + +Canute, the greatest and most powerful monarch of his time, sovereign +of Denmark and Norway, as well as of England, could not fail of +meeting with adulation from his courtiers; a tribute which is +liberally paid even to the meanest and weakest princes. Some of his +flatterers, breaking out one day in admiration of his grandeur, +exclaimed, that every thing was possible for him; upon which the +monarch, it is said, ordered his chair to be set on the sea-shore, +while the tide was rising; and as the waters approached he commanded +them to retire, and to obey the voice of him who was lord of the +ocean. He feigned to sit some time in expectation of their +submission; but when the sea still advanced towards him, and began to +wash him with its billows, he turned to his courtiers, and remarked to +them, that every creature in the universe was feeble and impotent, and +that power resided with one Being alone, in whose hands were all the +elements of nature, who could say to the ocean, THUS FAR SHALT THOU +GO, AND NO FARTHER; and who could level with his nod the most towering +piles of human pride and ambition. + +[MN 1031.] The only memorable action which Canute performed after his +return from Rome was an expedition against Malcolm, King of Scotland. +During the reign of Ethelred, a tax of a shilling a hide had been +imposed on all the lands of England. It was commonly called DANEGELT; +because the revenue had been employed either in buying peace with the +Danes, or in making preparations against the inroads of that hostile +nation. That monarch had required that the same tax should be paid by +Cumberland, which was held by the Scots; but Malcolm, a warlike +prince, told him, that, as he was always able to repulse the Danes by +his own power, he would neither submit to buy peace of his enemies, +nor pay others for resisting them. Ethelred, offended at this reply, +which contained a secret reproach on his own conduct, undertook an +expedition against Cumberland; but though he committed ravages upon +the country, he could never bring Malcolm to a temper more humble or +submissive. Canute, after his accession, summoned the Scottish king +to acknowledge himself a vassal for Cumberland to the crown of +England; but Malcolm refused compliance, on pretence that he owed +homage to those princes only who inherited that kingdom by right of +blood. Canute was not of a temper to bear this insult; and the King +of Scotland soon found that the sceptre was in very different hands +from those of the feeble and irresolute Ethelred. Upon Canute’s +appearing on the frontiers with a formidable army, Malcolm agreed that +his grandson and heir, Duncan, whom he put in possession of +Cumberland, should make the submissions required, and that the heirs +of Scotland should always acknowledge themselves vassals to England +for that province [w]. +[FN [w] W. Malmes p. 74.] + +Canute passed four years in peace after this enterprise, and he died +at Shaftesbury [x]; leaving three sons, Sweyn, Harold, and +Hardicanute. Sweyn, whom he had by his first marriage with Alfwen, +daughter of the Earl of Hampshire, was crowned in Norway: Hardicanute, +whom Emma had borne him, was in possession of Denmark: Harold, who was +of the same marriage with Sweyn, was at that time in England. +[FN [x] Chron. Sax. p. 154. W. Malmes. p. 76.] + +[MN Harold Harefoot. 1035.] +Though Canute, in his treaty with Richard, Duke of Normandy, had +stipulated that his children by Emma should succeed to the crown of +England, he had either considered himself as released from that +engagement by the death of Richard, or esteemed it dangerous to leave +an unsettled and newly-conquered kingdom in the hands of so young a +prince as Hardicanute; he therefore appointed by his will Harold +successor to the crown. This prince was, besides, present to maintain +his claim; he was favoured by all the Danes, and he got immediately +possession of his father’s treasures, which might be equally useful, +whether he found it necessary to proceed by force or intrigue in +insuring his succession. On the other hand, Hardicanute had the +suffrages of the English, who, on account of his being born among them +of Queen Emma, regarded him as their countryman; he was favoured by +the articles of treaty with the Duke of Normandy; and, above all, his +party was espoused by Earl Godwin, the most powerful nobleman in the +kingdom, especially in the province of Wessex, the chief seat of the +ancient English. Affairs were likely to terminate in a civil war; +when, by the interposition of the nobility of both parties, a +compromise was made, and it was agreed that Harold should enjoy, +together with London, all the provinces north of the Thames, while the +possession of the south should remain to Hardicanute; and till that +prince should appear and take possession of his dominions, Emma fixed +her residence at Winchester, and established her authority over her +son’s share of the partition. + +Meanwhile, Robert, Duke of Normandy, died in a pilgrimage to the Holy +Land, and being succeeded by a son, yet a minor, the two English +princes, Alfred and Edward, who found no longer any countenance or +protection in that country, gladly embraced the opportunity of paying +a visit, with a numerous retinue, to their mother Emma, who seemed to +be placed in a state of so much power and splendour at Winchester. +But the face of affairs soon wore a melancholy aspect. Earl Godwin +had been gained by the arts of Harold, who promised to espouse the +daughter of that nobleman, and while the treaty was yet a secret, +these two tyrants laid a plan for the destruction of the English +princes. Alfred was invited to London by Harold with many professions +of friendship; but when he had reached Guilford, he was set upon by +Godwin’s vassals, about six hundred of his train were murdered in the +most cruel manner, he himself was taken prisoner, his eyes were put +out, and he was conducted to the monastery of Ely, where he died soon +after [y]. Edward and Emma, apprized of the fate which was awaiting +them, fled beyond sea, the former into Normandy, the latter into +Flanders. While Harold, triumphing in his bloody policy, took +possession, without resistance, of all the dominions assigned to his +brother. +[FN [y] H. Hunt. p. 365. Ypod. Neustr. p. 434. Hoveden, p. 438. +Chron. Mailr. p. 156. Higden, p. 277. Chron. St. Petri de Burgo, p. +39. Sim. Dun. p. 179. Abbas Rieval. p. 366, 374. Brompton, p. 935. +Gul. Gem. lib. 7, cap. 11. Matth. West. p. 209. Flor. Wigorn. p. +622. Alur. Beverl. p. 118.] + +This is the only memorable action performed during a reign of four +years, by this prince, who gave so bad a specimen of his character, +and whose bodily accomplishments alone are known to us by his +appellation of HAREFOOT, which he acquired from his agility in running +and walking. He died on the 14th of April, 1039; little regretted or +esteemed by his subjects, and left the succession open to his brother, +Hardicanute. + +[MN Hardicanute. 1039.] +Hardicanute, or Canute the Hardy, that is, the robust, (for he too is +chiefly known by his bodily accomplishments,) though, by remaining so +long in Denmark, he had been deprived of his share in the partition of +the kingdom, had not abandoned his pretensions; and he had determined, +before Harold’s death, to recover by arms what he had lost, either by +his own negligence, or by the necessity of his affairs. On pretence +of paying a visit to the queen-dowager in Flanders, he had assembled a +fleet of sixty sail, and was preparing to make a descent on England, +when intelligence of his brother’s death induced him to sail +immediately to London, where he was received in triumph, and +acknowledged king without opposition. + +The first act of Hardicanute’s government afforded his subjects a bad +prognostic of his future conduct. He was so enraged at Harold for +depriving him of his share of the kingdom, and for the cruel treatment +of his brother Alfred, that, in an impotent desire of revenge against +the dead, he ordered his body to be dug up, and to be thrown into the +Thames; and, when it was found by some fishermen, and buried in +London, he ordered it again to be dug up, and to be thrown again into +the river; but it was fished up a second time, and then interred with +great secrecy. Godwin, equally servile and insolent, submitted to be +his instrument in this unnatural and brutal action. + +That nobleman knew that he was universally believed to have been an +accomplice in the barbarity exercised on Alfred, and that he was on +that account obnoxious to Hardicanute; and perhaps he hoped, by +displaying this rage against Harold’s memory, to justify himself from +having had any participation in his counsels. But Prince Edward, +being invited over by the king, immediately on his appearance +preferred an accusation against Godwin for the murder of Alfred, and +demanded justice for that crime. Godwin, in order to appease the +king, made him a magnificent present of a galley with a gilt stern, +rowed by fourscore men, who bore each of them a gold bracelet on his +arm, weighing sixteen ounces, and were armed and clothed in the most +sumptuous manner. Hardicanute, pleased with the splendour of this +spectacle, quickly forgot his brother’s murder; and on Godwin’s +swearing that he was innocent of the crime, he allowed him to be +acquitted. + +Though Hardicanute, before his accession, had been called over by the +vows of the English, he soon lost the affections of the nation by his +misconduct; but nothing appeared more grievous to them, than his +renewing the imposition of Danegelt, and obliging the nation to pay a +great sum of money to the fleet which brought him from Denmark. The +discontents ran high in many places; in Worcester the populace rose, +and put to death two of the collectors. The king, enraged at this +opposition, swore vengeance against the city, and ordered three +noblemen, Godwin, Duke of Wessex, Siward, Duke of Northumberland, and +Leofric, Duke of Mercia, to execute his menaces with the utmost +rigour. They were obliged to set fire to the city, and deliver it up +to be plundered by their soldiers; but they saved the lives of the +inhabitants, whom they confined in a small island of the Severn, +called Bevery, till, by their intercession, they were able to appease +the king, and obtain the pardon of the supplicants. + +This violent government was of short duration. Hardicanute died in +two years after his accession, at the nuptials of a Danish lord, which +he had honoured with his presence. His usual habits of intemperance +were so well known, that, notwithstanding his robust constitution, his +sudden death gave as little surprise as it did sorrow to his subjects. + +[MN Edward the Confessor. 1041.] +The English, on the death of Hardicanute, saw a favourable opportunity +for recovering their liberty, and for shaking off the Danish yoke, +under which they had so long laboured. Sweyn, King of Norway, the +eldest son of Canute, was absent; and as the two last kings had died +without issue, none of that race presented himself, nor any whom the +Danes could support as successor to the throne. Prince Edward was +fortunately at court on his brother’s demise; and though the +descendants of Edmund Ironside were the true heirs of the Saxon +family, yet their absence in so remote a country as Hungary, appeared +a sufficient reason for their exclusion, to a people like the English, +so little accustomed to observe a regular order in the succession of +their monarchs. All delays might be dangerous; and the present +occasion must hastily be embraced; while the Danes, without concert, +without a leader, astonished at the present incident, and anxious only +for their personal safety, durst not oppose the united voice of the +nation. + +But this concurrence of circumstances in favour of Edward might have +failed of its effect, had his succession been opposed by Godwin, whose +power, alliances, and abilities gave him a great influence at all +times, especially amidst those sudden opportunities which always +attend a revolution of government, and which, either seized or +neglected, commonly prove decisive. There were opposite reasons which +divided men’s hopes and fears with regard to Godwin’s conduct. On the +one hand, the credit of that nobleman lay chiefly in Wessex, which was +almost entirely inhabited by English: it was therefore presumed that +he would second the wishes of that people, in restoring the Saxon line +and in humbling the Danes, from whom he, as well as they, had reason +to dread, as they had already felt the most grievous oppressions. On +the other hand, there subsisted a declared animosity between Edward +and Godwin, on account of Alfred’s murder, of which the latter had +publicly been accused by the prince, and which he might believe so +deep an offence, as could never, on account of any subsequent merits, +be sincerely pardoned. But their common friends here interposed; and, +representing the necessity of their good correspondence, obliged them +to lay aside all jealousy and rancour, and concur in restoring liberty +to their native country. Godwin only stipulated, that Edward, as a +pledge of his sincere reconciliation, should promise to marry his +daughter Editha; and having fortified himself by this alliance, he +summoned a general council at Gillingham, and prepared every measure +for securing the succession to Edward. The English were unanimous and +zealous in their resolutions; the Danes were divided and dispirited: +any small opposition which appeared in the assembly was browbeaten and +suppressed; and Edward was crowned king, with every demonstration of +duty and affection. + +The triumph of the English, upon this signal and decisive advantage, +was at first attended with some assault and violence against the +Danes; but the king, by the mildness of his character, soon reconciled +the latter to his administration, and the distinction between the two +nations gradually disappeared. The Danes were interspersed with the +English in most of the provinces; they spoke nearly the same language; +they differed little in their manners and laws; domestic dissensions +in Denmark prevented, for some years, any powerful invasion from +thence, which might awaken past animosities; and as the Norman +Conquest, which ensued soon after, reduced both nations to equal +subjection, there is no further mention in history of any difference +between them. The joy, however, of their present deliverance made +such impression on the minds of the English, that they instituted an +annual festival for celebrating that great event; and it was observed +in some counties even to the time of Spellman [z]. +[FN [z] Spellm. Glossary, in verbo HOCDAY.] + +The popularity which Edward enjoyed on his accession was not destroyed +by the first act of his administration, his resuming all the grants of +his immediate predecessors; an attempt which is commonly attended with +the most dangerous consequences. The poverty of the crown convinced +the nation that this act of violence was become absolutely necessary; +and as the loss fell chiefly on the Danes, who had obtained large +grants from the late kings, their countrymen, on account of their +services in subduing the kingdom, the English were rather pleased to +see them reduced to their primitive poverty. The king’s severity also +towards his mother, the queen-dowager, though exposed to some more +censure, met not with very general disapprobation. He had hitherto +lived on indifferent terms with the princess; he accused her of +neglecting him and his brother during their adverse fortune [a]; he +remarked that as the superior qualities of Canute, and his better +treatment of her, had made her entirely indifferent to the memory of +Ethelred, she also gave the preference to her children of the second +bed, and always regarded Hardicanute as her favourite. The same +reasons had probably made her unpopular in England; and though her +benefactions to the monks obtained her the favour of that order, the +nation was not, in general, displeased to see her stripped by Edward +of immense treasure which she had amassed. He confined her, during +the remainder of her life, in a monastery at Winchester, but carried +his rigour against her no farther. The stories of his accusing her of +a participation in her son Alfred’s murder, and of a criminal +correspondence with the Bishop of Winchester, and also of her +justifying herself by treading barefoot, without receiving any hurt, +over nine burning ploughshares, were the inventions of the monkish +historians, and were propagated and believed from the silly wonder of +posterity [b]. +[FN [a] Anglia Sacra, vol. i. p. 237. [b] Higden, p. 277.] + +The English flattered themselves that, by the accession of Edward, +they were delivered for ever from the dominion of foreigners; but they +soon found that this evil was not yet entirely removed. The king had +been educated in Normandy; and had contracted many intimacies with the +natives of that country, as well as an affection for their manners +[c]. The court of England was soon filled with Normans, who, being +distinguished both by the favour of Edward, and by a degree of +cultivation superior to that which was attained by the English in +those ages, soon rendered their language, customs, and laws, +fashionable in the kingdom. The study of the French tongue became +general among the people. The courtiers affected to imitate that +nation in their dress, equipage, and entertainments: even the lawyers +employed a foreign language in their deeds and papers [d]. But, above +all, the church felt the influence and dominion of those strangers: +Ulf and William, two Normans, who had formerly been the king’s +chaplains, were created Bishops of Dorchester and London. Robert, a +Norman also, was promoted to the see of Canterbury [e], and always +enjoyed the highest favour of his master, of which his abilities +rendered him not unworthy. And though the king’s prudence, or his +want of authority, made him confer almost all the civil and military +employments on the natives, the ecclesiastical preferments fell often +to the share of the Normans; and as the latter possessed Edward’s +confidence, they had secretly a great influence on public affairs, and +excited the jealousy of the English, particularly of Earl Godwin [f]. +[FN [c] Ingulph. p. 62. [d] Ingulph. p. 62. [e] Chron. Sax. p. 161. +[f] W. Malm. p. 80.] + +This powerful nobleman, besides being Duke or Earl of Wessex, had the +counties of Kent and Sussex annexed to his government. His eldest +son, Sweyn, possessed the same authority in the counties of Oxford, +Berks, Gloucester, and Hereford; and Harold, his second son, was Duke +of East Anglia, and at the same time governor of Essex. The great +authority of this family was supported by immense possessions and +powerful alliances; and the abilities, as well as ambition of Godwin +himself, contributed to render it still more dangerous. A prince of +greater capacity and vigour than Edward would have found it difficult +to support the dignity of the crown under such circumstances; and as +the haughty temper of Godwin made him often forget the respect due to +his prince, Edward’s animosity against him was grounded on personal as +well as political considerations, on recent as well as more ancient +injuries. The king, in pursuance of his engagements, had indeed +married Editha, the daughter of Godwin [g]; but this alliance became a +fresh source of enmity between them. Edward’s hatred of the father +was transferred to that princess; and Editha, though possessed of many +amiable accomplishments, could never acquire the confidence and +affection of her husband. It is even pretended that, during the whole +course of her life, he abstained from all commerce of love with her; +and such was the absurd admiration paid to an inviolable chastity +during those ages, that his conduct in this particular is highly +celebrated by the monkish historians, and greatly contributed to his +acquiring the title of Saint and Confessor [h]. [MN 1048] +[FN [g] Chron. Sax. p. 157. [h] Wm. Malm. p. 80 Higden, p. 277. +Abbas Rieval. p. 366, 377. Matth. West. p. 221. Chron. Thom. Wykes, +p. 21. Anglia Sacra, vol. i. p. 241.] + +The most popular pretence on which Godwin could ground his +disaffection to the king and his administration was to complain of the +influence of the Normans in the government; and a declared opposition +had thence arisen between him and these favourites. It was not long +before this animosity broke into action. Eustace, Count of Boulogne, +having paid a visit to the king, passed by Dover in his return; one of +his train, being refused entrance to a lodging which had been assigned +him, attempted to make his way by force, and in the contest he wounded +the master of the house. The inhabitants revenged this insult by the +death of the stranger; the count and his train took arms, and murdered +the wounded townsman; a tumult ensued; near twenty persons were killed +on each side; and Eustace, being overpowered by numbers, was obliged +to save his life by flight from the fury of the populace. He hurried +immediately to court and complained of the usage he had met with: the +king entered zealously into the quarrel, and was highly displeased +that a stranger of such distinction, whom he had invited over to his +court, should, without any just cause, as he believed, have felt so +sensibly the insolence and animosity of his people. He gave orders to +Godwin, in whose government Dover lay, to repair immediately to the +place, and to punish the inhabitants for the crime: but Godwin, who +desired rather to encourage than repress the popular discontents +against foreigners, refused obedience, and endeavoured to throw the +whole blame of the riot on the Count of Boulogne and his retinue [i]. +Edward, touched in so sensible a point, saw the necessity of exerting +the royal authority; and he threatened Godwin, if he persisted in his +disobedience, to make him feel the utmost effects of his resentment. +[FN [i] Chron. Sax. p. 163. W. Malm. p. 81. Higden, p. 279.] + +The earl, perceiving a rupture to be unavoidable, and pleased to +embark in a cause where it was likely he should be supported by his +countrymen, made preparations for his own defence, or rather for an +attack on Edward. Under pretence of repressing some disorders on the +Welsh frontier, he secretly assembled a great army, and was +approaching the king, who resided, without any military force, and +without suspicion, at Gloucester [k]. Edward applied for protection +to Siward, Duke of Northumberland, and Leofric, Duke of Mercia, two +powerful noblemen, whose jealousy of Godwin’s greatness, as well as +their duty to the crown, engaged them to defend the king in this +extremity. They hastened to him with such of their followers as they +could assemble on a sudden; and finding the danger much greater than +they had at first apprehended, they issued orders for mustering all +the forces within their respective governments, and for marching them +without delay to the defence of the king’s person and authority. +Edward, meanwhile, endeavoured to gain time by negotiation; while +Godwin, who thought the king entirely in his power, and who was +willing to save appearances, fell into the snare; and, not sensible +that he ought to have no farther reserve after he had proceeded so +far, he lost the favourable opportunity of rendering himself master of +the government. +[FN [k] Chron. Sax. p. 163. W. Malm. p. 81.] + +The English, though they had no high idea of Edward’s vigour and +capacity, bore him great affection, on account of his humanity, +justice, and piety, as well as the long race of their native kings +from whom he was descended; and they hastened from all quarters to +defend him from the present danger. His army was now so considerable, +that he ventured to take the field, and marching to London, he +summoned a great council to judge of the rebellion of Godwin and his +sons. These noblemen pretended at first that they were willing to +stand their trial; but having in vain endeavoured to make their +adherents persist in rebellion, they offered to come to London, +provided they might receive hostages for their safety: this proposal +being rejected, they were obliged to disband the remains of their +forces, and have recourse to flight. Baldwin, Earl of Flanders, gave +protection to Godwin and his three sons, Gurth, Sweyn, and Tosti; the +latter of whom had married the daughter of that prince. Harold and +Leofwin, two other of his sons, took shelter in Ireland. The estates +of the father and sons were confiscated: their governments were given +to others: Queen Editha was confined in a monastery at Warewel: and +the greatness of this family, once so formidable, seemed now to be +totally supplanted and overthrown. + +But Godwin had fixed his authority on too firm a basis, and he was too +strongly supported by alliances, both foreign and domestic, not to +occasion farther disturbances and make new efforts for his +re-establishment. [MN 1052.] The Earl of Flanders permitted him to +purchase and hire ships within his harbours; and Godwin, having manned +them with his followers, and with freebooters of all nations, put to +sea, and attempted to make a descent at Sandwich. The king, informed +of his preparations, had equipped a considerable fleet, much superior +to that of the enemy; and the earl, hastily, before their appearance, +made his retreat into the Flemish harbours [l]. The English court, +allured by the present security, and destitute of all vigorous +counsels, allowed the seamen to disband, and the fleet to go to decay +[m], while Godwin, expecting the event, kept his men in readiness for +action. He put to sea immediately, and sailed to the Isle of Wight, +where he was joined by Harold, with a squadron which the nobleman had +collected in Ireland. He was now master of the sea; and entering +every harbour in the southern coast, he seized all the ships [n], and +summoned his followers in those counties, which had so long been +subject to his government, to assist him in procuring justice to +himself, his family, and his country, against the tyranny of +foreigners. Reinforced by great numbers from all quarters, he entered +the Thames; and appearing before London, threw every thing into +confusion. The king alone seemed resolute to defend himself to the +last extremity; but the interposition of the English nobility, many of +whom favoured Godwin’s pretensions, made Edward hearken to terms of +accommodation; and the feigned humility of the earl, who disclaimed +all intentions of offering violence to his sovereign, and desired only +to justify himself by a fair and open trial, paved the way for his +more easy admission. It was stipulated that he should give hostages +for his good behaviour, and that the primate and all the foreigners +should be banished: by this treaty, the present danger of a civil war +was obviated, but the authority of the crown was considerably +impaired, or rather entirely annihilated. Edward, sensible that he +had not power sufficient to secure Godwin’s hostages in England, sent +them over to his kinsman, the young Duke of Normandy. +[FN [1] Sim. Dun. p. 186. [m] Chron. Sax. p. 166. [n] Ibid.] + +Godwin’s death, which happened soon after, while he was sitting at +table with the king, prevented him from farther establishing the +authority which he had acquired, and from reducing Edward to still +greater subjection [o]. He was succeeded in the government of Wessex, +Sussex, Kent, and Essex, and in the office of steward of the +household, a place of great power, by his son Harold, who was actuated +by an ambition equal to that of his father, and was superior to him in +address, in insinuation, and in virtue. By a modest and gentle +demeanour, he acquired the good-will of Edward; at least softened that +hatred which the prince had so long borne his family [p]; and gaining +every day new partisans by his bounty and affability, he proceeded in +a more silent and therefore a more dangerous manner, to the increase +of his authority. The king, who had not sufficient vigour directly to +oppose his progress, knew of no other expedient than that hazardous +one, of raising him a rival in the family of Leofric, Duke of Mercia, +whose son Algar was invested with the government of East Anglia, +which, before the banishment of Harold, had belonged to the latter +nobleman. But this policy, of balancing opposite parties, required a +more steady hand to manage it than that of Edward, and naturally +produced faction, and even civil broils, among nobles of such mighty +and independent authority. Algar was soon after expelled his +government by the intrigues and power of Harold; but being protected +by Griffith, Prince of Wales, who had married his daughter, as well as +by the power of his father, Leofric, he obliged Harold to submit to an +accommodation, and was reinstated in the government of East Anglia. +This peace was not of long duration: Harold, taking advantage of +Leofric’s death, which happened soon after, expelled Algar anew, and +banished him the kingdom; and though that nobleman made a fresh +irruption into East Anglia with an army of Norwegians, and overran the +country, his death soon freed Harold from the pretensions of so +dangerous a rival. Edward, the eldest son of Algar, was indeed +advanced to the government of Mercia; but the balance which the king +desired to establish between those potent families was wholly lost, +and the influence of Harold greatly preponderated. +[FN [o] See note [D] at the end of the volume. [p] Brompton, p. 948.] + +[MN 1055.] The death of Siward, Duke of Northumberland, made the way +still more open to the ambition of that nobleman. Siward, besides his +other merits, had acquired honour to England by his successful conduct +in the only foreign enterprise undertaken during the reign of Edward. +Duncan, King of Scotland, was a prince of a gentle disposition, but +possessed not the genius requisite for governing a country so +turbulent, and so much infested by the intrigues and animosities of +the great Macbeth, a powerful nobleman, and nearly allied to the +crown, not content with curbing the king’s authority, carried still +farther his pestilent ambition; he put his sovereign to death; chased +Malcolm Kenmore, his son and heir, into England; and usurped the +crown. Siward, whose daughter was married to Duncan, embraced, by +Edward’s orders, the protection of this distressed family: he marched +an army into Scotland; and having defeated and killed Macbeth in +battle, he restored Malcolm to the throne of his ancestors [q]. This +service, added to his former connexions with the royal family of +Scotland, brought a great accession to the authority of Siward in the +north; but as he had lost his eldest son, Osberne, in the action with +Macbeth, it proved in the issue fatal to his family. His second son, +Walthoef, appeared, on his father’s death, too young to be intrusted +with the government of Northumberland; and Harold’s influence obtained +that dukedom for his own brother Tosti. +[FN [q] W. Malm. p. 79. Hoveden, p. 443. Chron. Mailr. p. 158. +Buchanan, p. 115. edit. 1715.] + +There are two circumstances related of Siward, which discover his high +sense of honour, and his martial disposition. When intelligence was +brought him of his son Osberne’s death, he was inconsolable till he +heard that the wound was received in the breast, and that he had +behaved with great gallantry in the action. When he found his own +death approaching, he ordered his servants to clothe him in a complete +suit of armour; and sitting erect on the couch, with a spear in his +hand, declared that in that posture, the only one worthy of a warrior, +he would patiently await the fatal moment. + +The king, now worn out with cares and infirmities, felt himself far +advanced in the decline of life; and having no issue himself, began to +think of appointing a successor to the kingdom. He sent a deputation +to Hungary, to invite over his nephew, Edward, son of his elder +brother, and the only remaining heir of the Saxon line. That prince, +whose succession to the crown would have been easy and undisputed, +came to England with his children, Edgar, surnamed Atheling, Margaret, +and Christina; but his death, which happened a few days after his +arrival, threw the king into new difficulties. He saw, that the great +power and ambition of Harold had tempted him to think of obtaining +possession of the throne on the first vacancy, and that Edgar, on +account of his youth and inexperience, was very unfit to oppose the +pretensions of so popular and enterprising a rival. The animosity +which he had long borne to Earl Godwin, made him averse to the +succession of his son, and he could not, without extreme reluctance, +think of an increase of grandeur to a family which had risen on the +ruins of royal authority, and which, by the murder of Alfred his +brother, had contributed so much to the weakening of the Saxon line. +In this uncertainty, he secretly cast his eye towards his kinsman, +William, Duke of Normandy, as the only person whose power, and +reputation, and capacity, could support any destination which he might +make in his favour, to the exclusion of Harold and his family [r]. +[FN [r] Ingulph. p. 68.] + +This famous prince was natural son of Robert, Duke of Normandy, by +Harlotta, daughter of a tanner in Falaise [s], and was very early +established in that grandeur from which his birth seemed to have set +him at so great a distance. While he was but nine years of age, his +father had resolved to undertake a pilgrimage to Jerusalem; a +fashionable act of devotion, which had taken the place of pilgrimages +to Rome, and which, as it was attended with more difficulty and +danger, and carried those religious adventurers to the first sources +of Christianity, appeared to them more meritorious. Before his +departure, he assembled the states of the duchy; and informing them of +his design, he engaged them to swear allegiance to his natural son, +William, whom, as he had no legitimate issue, he intended, in case he +should die in the pilgrimage, to leave successor to his dominions [t]. +As he was a prudent prince, he could not but foresee the great +inconveniences which must attend this journey, and this settlement of +his succession, arising from the turbulency of the great, the claims +of other branches of the ducal family, and the power of the French +monarch; but all these considerations were surmounted by the +prevailing zeal for pilgrimages [u]; and probably the more important +they were, the more would Robert exult in sacrificing them to what he +imagined to be his religious duty. +[FN [s] Brompton, p. 910. [t] W. Malm. p. 95. [u] Ypod. Neust. p. +452.] + +This prince, as he had apprehended, died in his pilgrimage; and the +minority of his son was attended with all those disorders which were +almost unavoidable in that situation. The licentious nobles, freed +from the awe of sovereign authority, broke out into personal +animosities against each other, and made the whole country a scene of +war and devastation [w]. Roger, Count of Toni, and Alain, Count of +Britany, advanced claims to the dominion of the state; and Henry I., +King of France, thought the opportunity favourable for reducing the +power of a vassal, who had originally acquired his settlement in so +violent and invidious a manner, and who had long appeared formidable +to his sovereign [x]. The regency established by Robert encountered +great difficulties in supporting the government under this +complication of dangers; and the young prince, when he came to +maturity, found himself reduced to a very low condition. But the +great qualities which he soon displayed in the field and in the +cabinet gave encouragement to his friends, and struck a terror into +his enemies. He opposed himself on all sides against his rebellious +subjects, and against foreign invaders; and by his valour and conduct +prevailed in every action. He obliged the French king to grant him +peace on reasonable terms; he expelled all pretenders to the +sovereignty; and he reduced his turbulent barons to pay submission to +his authority, and to suspend their mutual animosities. The natural +severity of his temper appeared in a rigorous administration of +justice; and having found the happy effects of this plan of +government, without which the laws in those ages became totally +impotent, he regarded it as a fixed maxim, that an inflexible conduct +was the first duty of a sovereign. +[FN [w] W. Malm. p. 95. Gul. Gemet. lib. 7. cap. 1. [x] W. Malm. p. +97.] + +The tranquillity which he had established in his dominions had given +William leisure to pay a visit to the King of England during the time +of Godwin’s banishment; and he was received in a manner suitable to +the great reputation which he had acquired, to the relation by which +he was connected with Edward, and to the obligations which that prince +owed to his family [y]. On the return of Godwin, and the expulsion of +the Norman favourites, Robert, Archbishop of Canterbury, had, before +his departure, persuaded Edward to think of adopting William as his +successor; a counsel which was favoured by the king’s aversion to +Godwin, his prepossessions for the Normans, and his esteem of the +duke. That prelate, therefore, received a commission to inform +William of the king’s intentions in his favour; and he was the first +person that opened the mind of the prince to entertain those ambitious +hopes [z]. But Edward, irresolute and feeble in his purpose, finding +that the English would more easily acquiesce in the restoration of the +Saxon line, had, in the mean time, invited his brother’s descendants +from Hungary, with a view of having them recognised heirs to the +crown. The death of his nephew, and the inexperience and unpromising +qualities of young Edgar, made him resume his former intentions in +favour of the Duke of Normandy; though his aversion to hazardous +enterprises engaged him to postpone the execution, and even to keep +his purpose secret from all his ministers. +[FN [y] Hoveden, p. 442. Ingulph. p. 65. Chron. Mailr. p. 157. +Higden, p. 279. [z] Ingulph. p. 68. Gul. Gemet lib. 7. cap. 31. +Order. Vitalis, p. 492.] + +Harold, meanwhile, proceeded after a more open manner in increasing +his popularity, in establishing his power, and in preparing the way +for his advancement on the first vacancy; an event which, from the age +and infirmities of the king, appeared not very distant. But there was +still an obstacle, which it was requisite for him previously to +overcome. Earl Godwin, when restored to his power and fortune, had +given hostages for his good behaviour, and, among the rest, one son +and one grandson, whom Edward, for greater security, as has been +related, had consigned to the custody of the Duke of Normandy. +Harold, though not aware of the duke’s being his competitor, was +uneasy that such near relations should be detained prisoners in a +foreign country; and he was afraid lest William should, in favour of +Edgar, retain those pledges as a check on the ambition of any other +pretender. He represented, therefore, to the king, his unfeigned +submission to royal authority, his steady duty to his prince, and the +little necessity there was, after such a uniform trial of his +obedience, to detain any longer those hostages who had been required +on the first composing of civil discords. By these topics, enforced +by his great power, he extorted the king’s consent to release them; +and in order to effect his purpose, he immediately proceeded, with a +numerous retinue, on his journey to Normandy. A tempest drove him on +the territory of Guy, Count of Ponthieu, who, being informed of his +quality, immediately detained him prisoner, and demanded an exorbitant +sum for his ransom. Harold found means to convey intelligence of his +situation to the Duke of Normandy; and represented, that while he was +proceeding to HIS court, in execution of a commission from the King of +England, he had met with this harsh treatment from the mercenary +disposition of the Count of Ponthieu. + +William was immediately sensible of the importance of the incident. +He foresaw, that if he could once gain Harold, either by favours or +menaces, his way to the throne of England would be open, and Edward +would meet with no farther obstacle in executing the favourable +intentions which he had entertained in his behalf. He sent, +therefore, a messenger to Guy, in order to demand the liberty of his +prisoner; and that nobleman, not daring to refuse so great a prince, +put Harold into the hands of the Norman, who conducted him to Rouen. +William received him with every demonstration of respect and +friendship; and after showing himself disposed to comply with his +desire, in delivering up the hostages, he took an opportunity of +disclosing to him the great secret of his pretensions to the crown of +England, and of the will which Edward intended to make in his favour. +He desired the assistance of Harold in perfecting that design; he made +professions of the utmost gratitude in return for so great an +obligation; he promised that the present grandeur of Harold’s family, +which supported itself with difficulty under the jealousy and hatred +of Edward, should receive new increase from a successor, who would be +so greatly beholden to him for his advancement. Harold was surprised +at this declaration of the duke; but being sensible that he should +never recover his own liberty, much less that of his brother and +nephew, if he refused the demand, he feigned a compliance with +William, renounced all hopes of the crown for himself, and professed +his sincere intention of supporting the will of Edward, and seconding +the pretensions of the Duke of Normandy. William, to bind him faster +to his interests, besides offering him one of his daughters in +marriage, required him to take an oath that he would fulfil his +promises; and in order to render the oath more obligatory, he employed +an artifice well suited to the ignorance and superstition of the age. +He secretly conveyed under the altar, on which Harold agreed to swear, +the relics of some of the most revered martyrs; and when Harold had +taken the oath, he showed him the relics, and admonished him to +observe religiously an engagement which had been ratified by so +tremendous a sanction [a]. The English nobleman was astonished; but +dissembling his concern, he renewed the same professions, and was +dismissed with all the marks of mutual confidence by the Duke of +Normandy. +[FN [a] Wace, p. 459, 460. MS. penes Carte, p. 354. W. Malm. p. 93. +H. Hunt p. 366. Hoveden, p. 449. Brompton, p. 947.] + +When Harold found himself at liberty, his ambition suggested casuistry +sufficient to justify to him the violation of an oath, which had been +extorted from him by fear, and which, if fulfilled, might be attended +with the subjection of his native country to a foreign power. He +continued still to practise every art of popularity; to increase the +number of his partisans; to reconcile the minds of the English to the +idea of his succession; to revive their hatred of the Normans; and by +an ostentation of his power and influence, to deter the timorous +Edward from executing his intended destination in favour of William. +Fortune, about this time, threw two incidents in his way, by which he +was enabled to acquire general favour, and to increase the character, +which he had already attained, of virtue and abilities. + +The Welsh, though a less formidable enemy than the Danes, had long +been accustomed to infest the western borders; and after committing +spoil on the low countries, they usually made a hasty retreat into +their mountains, where they were sheltered from the pursuit of their +enemies, and were ready to seize the first favourable opportunity of +renewing their depredations. Griffith, the reigning prince, had +greatly distinguished himself in those incursions; and his name had +become so terrible to the English, that Harold found he could do +nothing more acceptable to the public, and more honourable for +himself, than the suppressing of so dangerous an enemy. He formed the +plan of an expedition against Wales; and having prepared some light- +armed foot to pursue the natives into their fastnesses, some cavalry +to scour the open country, and a squadron of ships to attack the +seacoast, he employed at once all these forces against the Welsh, +prosecuted his advantages with vigour, made no intermission in his +assaults, and at last reduced the enemy to such distress, that, in +order to prevent their total destruction, they made a sacrifice of +their prince, whose head they cut off and sent to Harold; and they +were content to receive as their sovereigns two Welsh noblemen +appointed by Edward to rule over them. The other incident was no less +honourable to Harold. + +Tosti, brother of this nobleman, who had been created Duke of +Northumberland, being of a violent tyrannical temper, had acted with +such cruelty and injustice, that the inhabitants rose in rebellion, +and chased him from his government. Morcar and Edwin, two brothers, +who possessed great power in those parts, and who were grandsons of +the great Duke Leofric, concurred in the insurrection; and the former, +being elected duke, advanced with an army to oppose Harold, who was +commissioned by the king to reduce and chastise the Northumbrians. +Before the armies came to action, Morcar, well acquainted with the +generous disposition of the English commander, endeavoured to justify +his own conduct. He represented to Harold, that Tosti had behaved in +a manner unworthy of the station to which he was advanced, and no one, +not even a brother, could support such tyranny without participating, +in some degree, of the infamy attending it; that the Northumbrians, +accustomed to a legal administration, and regarding it as their birth- +right, were willing to submit to the king, but required a governor who +would pay regard to their rights and privileges; that they had been +taught by their ancestors, that death was preferable to servitude, and +had taken the field, determined to perish rather than suffer a renewal +of those indignities to which they had so long been exposed; and they +trusted that Harold, on reflection, would not defend in another that +violent conduct, from which he himself, in his own government, had +always kept at so great a distance. This vigorous remonstrance was +accompanied with such a detail of facts, so well supported, that +Harold found it prudent to abandon his brother’s cause; and returning +to Edward, he persuaded him to pardon the Northumbrians, and to +confirm Morcar in the government. He even married the sister of that +nobleman [b]; and by his interest procured Edwin, the younger brother, +to be elected into the government of Mercia. Tosti in rage departed +the kingdom, and took shelter in Flanders with Earl Baldwin, his +father-in-law. +[FN [b] Order Vitalis, p. 492.] + +By this marriage Harold broke all measures with the Duke of Normandy; +and William clearly perceived that he could no longer rely on the +oaths and promises which he had extorted from him. But the English +nobleman was now in such a situation, that he deemed it no longer +necessary to dissemble. He had in his conduct towards the +Northumbrians, given such a specimen of his moderation as had gained +him the affections of his countrymen. He saw that almost all England +was engaged in his interests; while he himself possessed the +government of Wessex, Morcar that of Northumberland, and Edward that +of Mercia. He now openly aspired to the succession; and insisted, +that since it was necessary, by the confession of all, to set aside +the royal family, on account of the imbecility of Edgar, the sole +surviving heir, there was no one as capable of filling the throne as a +nobleman of great power, of mature age, of long experience, of +approved courage and abilities, who, being a native of the kingdom, +would effectually secure it against the dominion and tyranny of +foreigners. Edward, broken with age and infirmities, saw the +difficulties too great for him to encounter; and though his inveterate +prepossession kept him from seconding the pretensions of Harold, he +took but feeble and irresolute steps for securing the succession to +the Duke of Normandy [c]. While he continued in this uncertainty he +was surprised by sickness, which brought him to his grave, on the +fifth of January 1066, in the sixty-fifth year of his age, and twenty- +fifth of his reign. +[FN [c] See note [F] at the end of the volume.] + +This prince, to whom the monks gave the title of Saint and Confessor, +was the last of the Saxon line that ruled in England. Though his +reign was peaceable and fortunate, he owed his prosperity less to his +own abilities than to the conjunctures of the times. The Danes, +employed in other enterprises, attempted not those incursions which +had been so troublesome to all his predecessors, and fatal to some of +them. The facility of his disposition made him acquiesce under the +government of Godwin and his son Harold; and the abilities, as well as +the power, of these noblemen enabled them, while they were entrusted +with authority, to preserve domestic peace and tranquillity. The most +commendable circumstance of Edward’s government was his attention to +the administration of justice, and his compiling, for that purpose, a +body of laws, which he collected from the laws of Ethelbert, Ina, and +Alfred. This compilation, though now lost, (for the laws that pass +under Edward’s name were composed afterwards [d],) was long the object +of affection to the English nation. +[FN [d] Spellm. in verbo BELLIVA.] + +Edward the Confessor was the first that touched for the king’s evil: +the opinion of his sanctity procured belief to this cure among the +people: his successors regarded it as a part of their state and +grandeur to uphold the same opinion. It has been continued down to +our time; and the practice was first dropped by the present royal +family, who observed that it could no longer give amazement even to +the populace, and was attended with ridicule in the eyes of all men of +understanding. + +[MN Harold. 1066. January.] +Harold had so well prepared matters before the death of Edward, that +he immediately stepped into the vacant throne; and his accession was +attended with as little opposition and disturbance, as if he had +succeeded by the most undoubted hereditary title. The citizens of +London were his zealous partisans: the bishops and clergy had adopted +his cause; and all the powerful nobility, connected with him by +alliance or friendship, willingly seconded his pretensions. The title +of Edgar Atheling was scarcely mentioned; much less the claim of the +Duke of Normandy: and Harold, assembling his partisans, received the +crown from their hands, without waiting for the free deliberation of +the states, or regularly submitting the question to their +determination [e]. If any were averse to this measure, they were +obliged to conceal their sentiments; and the new prince, taking a +general silence for consent, and founding his title on the supposed +suffrages of the people, which appeared unanimous, was, on the day +immediately succeeding Edward’s death, crowned and anointed king, by +Aldred, Archbishop of York. The whole nation seemed joyful to +acquiesce in his elevation. +[FN [e] G. Pict. p. 196. Ypod. Neust. p. 436. Order. Vitalis, p. +492. M. West. p. 221 W. Malm. p. 93. Ingulph. p. 68. Brompton, p. +957. Knyghton, p. 2339. H. Hunt. p. 210. Many of the historians +say, that Harold was regularly elected by the states: some, that +Edward left him his successor by will.] + +The first symptoms of danger which the king discovered came from +abroad, and from his own brother Tosti, who had submitted to a +voluntary banishment in Flanders. Enraged at the successful ambition +of Harold, to which he himself had fallen a victim, he filled the +court of Baldwin with complaints of the injustice which he had +suffered; he engaged the interest of that family against his brother: +he endeavoured to form intrigues with some of the discontented nobles +in England: he sent his emissaries to Norway, in order to rouse to +arms the freebooters of that kingdom, and to excite the hopes of +reaping advantage from the unsettled state of affairs on the +usurpation of the new king: and that he might render the combination +more formidable, he made a journey to Normandy, in expectation that +the duke, who had married Matilda, another daughter of Baldwin, would, +in revenge of his own wrongs, as well as those of Tosti, second, by +his counsels and forces, the projected invasion of England [f]. +[FN [f] Order. Vitalis, p. 492.] + +The Duke of Normandy, when he first received intelligence of Harold’s +intrigues and accession, had been moved to the highest pitch of +indignation; but that he might give the better colour to his +pretensions, he sent an embassy to England, upbraiding that prince +with his breach of faith, and summoning him to resign immediately +possession of the kingdom. Harold replied to the Norman ambassadors, +that the oath with which he was reproached had been extorted by the +well-grounded fear of violence, and could never, for that reason, be +regarded as obligatory: that he had had no commission either from the +late king, or the states of England, who alone could dispose of the +crown, to make any tender of the succession to the Duke of Normandy; +and if he, a private person, had assumed so much authority, and had +even voluntarily sworn to support the duke’s pretensions, the oath was +unlawful, and it was his duty to seize the first opportunity of +breaking it: that he had obtained the crown by the unanimous suffrages +of the people; and should prove himself totally unworthy of their +favour, did he not strenuously maintain those national liberties, with +whose protection they had entrusted him: and that the duke, if he made +any attempt by force of arms, should experience the power of an united +nation, conducted by a prince, who, sensible of the obligations +imposed on him by his royal dignity, was determined that the same +moment should put a period to his life and to his government [g]. +[FN [g] W. Malm. p. 99. Higden, p. 285. Matth. West. p. 222. De +Gest. Angl. ancento auctore, p. 331.] + +This answer was no other than William expected; and he had previously +fixed his resolution of making an attempt upon England. Consulting +only his courage, his resentment, and his ambition, he overlooked all +the difficulties inseparable from an attack on a great kingdom by such +inferior force, and he saw only the circumstances which would +facilitate his enterprise. He considered that England, ever since the +accession of Canute, had enjoyed profound tranquillity during a period +of over fifty years; and it would require time for its soldiers, +enervated by long peace, to learn discipline, and its generals +experience. He knew that it was entirely unprovided with fortified +towns, by which it could prolong the war; but must venture its whole +fortune in one decisive action against a veteran enemy, who, being +once master of the field, would be in a condition to overrun the +kingdom. He saw that Harold, though he had given proofs of vigour and +bravery, had newly mounted a throne, which he had acquired by faction, +from which he had excluded a very ancient royal family, and which was +likely to totter under him by its own instability, much more if shaken +by any violent external impulse; and he hoped, that the very +circumstance of his crossing the sea, quitting his own country, and +leaving himself no hopes of retreat, as it would astonish the enemy by +the boldness of the enterprise, would inspirit his soldiers by +despair, and rouse them to sustain the reputation of the Norman arms. + +The Normans, as they had long been distinguished by valour among all +the European nations, had at this time attained to the highest pitch +of military glory. Besides acquiring by arms such a noble territory +in France, besides defending it against continual attempts of the +French monarch and all his neighbours, besides exerting many acts of +vigour under their present sovereign; they had, about this very time, +revived their ancient fame, by the most hazardous exploits, and the +most wonderful successes in the other extremity of Europe. A few +Norman adventurers in Italy had acquired such an ascendant, not only +over the Italians and Greeks, but the Germans and Saracens, that +they expelled those foreigners, procured to themselves ample +establishments, and laid the foundation of the opulent kingdom of +Naples and Sicily [h]. These enterprises of men, who were all of them +vassals in Normandy, many of them banished for faction and rebellion, +excited the ambition of the haughty William, who disdained, after such +examples of fortune and valour, to be deterred from making an attack +on a neighbouring country, where he could be supported by the whole +force of his principality. +[FN [h] Gul. Gemet. lib. 7. cap. 30.] + +The situation also of Europe inspired William with hopes that, besides +his brave Normans he might employ against England the flower of the +military force which was dispersed in all the neighbouring states. +France, Germany, and the Low Countries, by the progress of the feudal +institutions, were divided and subdivided into many principalities and +baronies; and the possessors, enjoying the civil jurisdiction within +themselves, as well as the right of arms, acted, in many respects, as +independent sovereigns, and maintained their properties and +privileges, less by the authority of laws than by their own force and +valour. A military spirit had universally diffused itself throughout +Europe; and the several leaders, whose minds were elevated by their +princely situation, greedily embraced the most hazardous enterprises; +and being accustomed to nothing from their infancy but recitals of the +success attending wars and battles, they were prompted by a natural +ambition to imitate those adventurers, which they heard so much +celebrated, and which were so much exaggerated by the credulity of the +age. United, however loosely, by their duty to one superior lord, and +by their connexions with the great body of the community to which they +belonged, they desired to spread their fame each beyond his own +district; and in all assemblies, whether instituted for civil +deliberations, for military expeditions, or merely for show and +entertainment, to outshine each other by the reputation of strength +and prowess. Hence their genius for chivalry; hence their impatience +of peace and tranquillity; and hence their readiness to embark in any +dangerous enterprise, how little soever interested in its failure or +success. + +William, by his power, his courage, and his abilities, had long +maintained a pre-eminence among those haughty chieftains; and every +one who desired to signalize himself by his address in military +exercises, or in valour in action, had been ambitious of acquiring a +reputation in the court and in the armies of Normandy. Entertained +with that hospitality and courtesy which distinguished the age, they +had formed attachments with the prince, and greedily attended to the +prospects of the signal glory and elevation which he promised them in +return for their concurrence in an expedition against England. The +more grandeur there appeared in the attempt, the more it suited their +romantic spirit; the fame of the intended invasion was already +diffused every where; multitudes crowded to tender to the Duke their +service, with that of their vassals and retainers [i]; and William +found less difficulty in completing his levies than in choosing the +most veteran forces, and in rejecting the offers of those who were +impatient to acquire fame under so renowned a leader. +[FN [i] Gul. Pictavensis, p. 198.] + +Besides these advantages, which William owed to his personal valour +and good conduct, he was indebted to fortune for procuring him some +assistance, and also for removing many obstacles which it was natural +for him to expect in an undertaking, in which all his neighbours were +so deeply interested. Conan, Count of Britany, was his mortal enemy; +in order to throw a damp upon the duke’s enterprise, he chose this +conjuncture for reviving his claim to Normandy itself; and he required +that, in case of William’s success against England the possession of +that duchy should devolve to him [k]. But Conan died suddenly after +making this demand; and Hoel, his successor, instead of adopting the +malignity, or, more properly speaking, the prudence of his +predecessor, zealously seconded the duke’s views and sent his eldest +son, Alain Fergant, to serve under him with a body of five thousand +Bretons. The counts of Anjou and of Flanders encouraged their +subjects to engage in the expedition; and even the court of France, +though it might justly fear the aggrandizement of so dangerous a +vassal, pursued not its interests on this occasion with sufficient +vigour and resolution. Philip I., the reigning monarch, was a minor; +and William, having communicated his project to the council, having +desired assistance, and offered to do homage, in case of his success, +for the crown of England, was indeed openly ordered to lay aside all +thoughts of the enterprise; but the Earl of Flanders, his father-in- +law, being at the head of the regency, favoured underhand his levies, +and secretly encouraged the adventurous nobility to enlist under the +standard of the Duke of Normandy. +[FN [k] Gul Gemet. lib. 7. cap. 33.] + +The Emperor, Henry IV., besides openly giving all his vassals +permission to embark in this expedition, which so much engaged the +attention of Europe, promised his protection to the duchy of Normandy +during the absence of the prince, and thereby enabled him to employ +his whole force in the invasion of England [l]. But the most +important ally whom William gained by his negotiations was the pope, +who had a mighty influence over the ancient barons, no less devout in +their religious principles, than valorous in their military +enterprises. The Roman pontiff, after an insensible progress, during +several ages of darkness and ignorance, began now to lift his head +openly above all the princes of Europe; to assume the office of a +mediator, or even an arbiter, in the quarrels of the greatest +monarchs; to interpose in all secular affairs; and to obtrude his +dictates as sovereign laws on his obsequious disciples. It was a +sufficient motive to Alexander II., the reigning pope, for embracing +William’s quarrel, that he alone had made an appeal to his tribunal, +and rendered him umpire of the dispute between him and Harold; but +there were other advantages which that pontiff foresaw must result +from the conquest of England by the Norman arms. That kingdom, though +at first converted by Romish missionaries, though it had afterwards +advanced some farther steps towards subjection to Rome, maintained +still a considerable independence in its ecclesiastical +administration; and forming a world within itself, entirely separated +from the rest of Europe, it had hitherto proved inaccessible to those +exorbitant claims which supported the grandeur of the papacy. +Alexander therefore hoped, that the French and Norman barons, if +successful in their enterprise, might import into that country a more +devoted reverence to the holy see, and bring the English churches to a +nearer conformity with those of the continent. He declared +immediately in favour of William’s claim; pronounced Harold a perjured +usurper; denounced excommunication against him and his adherents; and +the more to encourage the Duke of Normandy in his enterprise, he sent +him a consecrated banner, and a ring with one of St. Peter’s hairs in +it [m]. Thus were al1 the ambition and violence of that invasion +covered over safely with the broad mantle of religion. +[FN [l] Gul. Pict. p. 198. [m] Baker, p. 22. edit. 1684.] + +The greatest difficulty which William had to encounter in his +preparations, arose from his own subjects in Normandy. The states of +the duchy were assembled at Lislebonne; and supplies being demanded +for the intended enterprise, which promised so much glory and +advantage to their country, there appeared a reluctance in many +members, both to grant sums so much beyond the common measure of taxes +in that age, and to set a precedent of performing their military +service at a distance from their own country. The duke, finding it +dangerous to solicit them in a body, conferred separately with the +richest individuals in the province; and beginning with those on whose +affections he most relied, he gradually engaged all of them to advance +the sums demanded. The Count of Longueville seconded him in his +negotiation; as did the Count of Mortaigne, Odo, Bishop of Baieux, and +especially William Fitz-Osborne, Count of Breteuil, and constable of +the duchy. Every person, when he himself was once engaged, +endeavoured to bring over others; and at last the states themselves, +after stipulating that this concession should be no precedent, voted +that they would assist their prince to the utmost in his intended +enterprise [n]. +[FN [n] Camden. Introd. ad Britan. p. 212. 2nd edit. Gibs. Verstegan, +p. 173.] + +William had now assembled a fleet of three thousand vessels, great and +small [o], and had selected an army of sixty thousand men from among +those numerous supplies which from every quarter solicited to be +received into his service. The camp bore a splendid yet a martial +appearance, from the discipline of the men, the beauty and vigour of +the horse, the lustre of the arms, and the accoutrements of both; but +above all, from the high names of nobility who engaged under the +banners of the Duke of Normandy. The most celebrated were Eustace, +Count of Boulogne, Aimeri de Thouars, Hugh d’Estaples, William +d’Evreux, Geoffrey de Routrou, Roger de Beaumont, William de Warenne, +Roger de Montgomery, Hugh de Grantmesnil, Charles Martel, and Geoffrey +Giffard [p]. To these bold chieftains William held up the spoils of +England as the prize of their valour; and pointing to the opposite +shore, called to them, that THERE was the field on which they must +erect trophies to their name, and fix their establishments. +[FN [o] Gul. Gemet. lib. 7. cap. 34. [p] Order. Vitalis, p. 501.] + +While he was making these mighty preparations, the duke, that he +might increase the number of Harold's enemies, excited the inveterate +rancour of Tosti, and encouraged him, in concert with Harold Halfagar, +King of Norway, to infest the coasts of England. Tosti, having +collected about sixty vessels in the ports of Flanders, put to sea; +and after committing some depredations on the south and east coasts, +he sailed to Northumberland, and was there joined by Halfagar, who +came over with a great armament of three hundred sail. The combined +fleets entered the Humber, and disembarked the troops, who began to +extend their depredations on all sides; when Morcar, Earl of +Northumberland, and Edwin, Earl of Mercia, the king’s brother-in-law, +having hastily collected some forces, ventured to give them battle. +The action ended in the defeat and flight of these two noble men. + +Harold, informed of this defeat, hastened with an army to the +protection of his people; and expressed the utmost ardour to show +himself worthy of the crown which had been conferred upon him. This +prince, though he was not sensible of the full extent of his danger, +from the great combination against him, had employed every art of +popularity to acquire the affections of the public; and he gave so +many proofs of an equitable and prudent administration that the +English found no reason to repent the choice which they had made of a +sovereign. They flocked from all quarters to join his standard; and +as soon as he reached the enemy at Standford, he found himself in a +condition to give them battle. [MN Sept. 25.] The action was bloody; +but the victory was decisive on the side of Harold, and ended in the +total rout of the Norwegians, together with the death of Tosti and +Halfagar. Even the Norwegian fleet fell into the hands of Harold; who +had the generosity to give Prince Olave, the son of Halfagar, his +liberty, and allow him to depart with twenty vessels. But he had +scarcely time to rejoice for his victory, when he received +intelligence that the Duke of Normandy was landed with a great army in +the south of England. + +The Norman fleet and army had been assembled early in the summer, at +the mouth of the small river Dive, and all the troops had been +instantly embarked; but the winds proved long contrary, and detained +them in that harbour. The authority, however, of the duke, the good +discipline maintained among the seamen and soldiers, and the great +care in supplying them with provisions, had prevented any disorder; +when at last the wind became favourable, and enabled them to sail +along the coast, till they reached St. Valori. There were, however, +several vessels lost in this short passage; and as the wind again +proved contrary, the army began to imagine that heaven had declared +against them, and that, notwithstanding the pope's benediction, they +were destined to certain destruction. These bold warriors, who +despised real dangers, were very subject to the dread of imaginary +ones; and many of them began to mutiny, some of them even to desert +their colours; when the duke, in order to support their drooping +hopes, ordered a procession to be made with the relics of St. Valori +[q], and prayers to be said for more favourable weather. The wind +instantly changed; and as this incident happened on the eve of the +feast of St. Michael, the tutelar saint of Normandy, the soldiers, +fancying they saw the hand of Heaven in all these concurring +circumstances, set out with the greatest alacrity: they met with no +opposition on their passage: a great fleet, which Harold has +assembled, and which had cruized all summer off the Isle of Wight, had +been dismissed, on his receiving false intelligence that William, +discouraged by contrary winds and other accidents, had laid aside his +preparations. The Norman armament, proceeding in great order, arrived +without any material loss, at Pevensey, in Sussex; and the army +quietly disembarked. The duke himself, as he leaped on shore, +happened to stumble and fall; but had the presence of mind, it is +said, to turn the omen to his advantage, by calling aloud that he had +taken possession of the country. And a soldier, running to a +neighbouring cottage, plucked some thatch, which, as if giving seisin +of the kingdom, he presented to his general. The joy and alacrity of +William and his whole army were so great, that they were nowise +discouraged, even when they heard of Harold’s great victory over the +Norwegians; they seemed rather to wait with impatience for the arrival +of the enemy. +[FN [q] Higden, p. 285. Order. Vitalis, p. 500. Matth. Paris, edit. +Paris., anno 1644, p. 2.] + +The victory of Harold, though great and honourable, had proved in the +main prejudicial to his interests, and may be regarded as the +immediate cause of his ruin. He lost many of his bravest officers and +soldiers in the action: and he disgusted the rest by refusing to +distribute the Norwegian spoils among them: a conduct which was little +agreeable to his usual generosity of temper; but which his desire of +sparing the people, in the war that impended over him from the Duke of +Normandy, had probably occasioned. He hastened, by quick marches, to +reach this new invader; but though he was reinforced at London and +other places with fresh troops, he found himself also weakened by the +desertion of his old soldiers, who, from fatigue and discontent, +secretly withdrew from their colours. His brother Gurth, a man of +bravery and conduct, began to entertain apprehensions of the event; +and remonstrated with the king, that it would be better policy to +prolong the war; at least, to spare his own person in the action. He +urged to him, that the desperate situation of the Duke of Normandy +made it requisite for that prince to bring matters to a speedy +decision, and put his whole fortune on the issue of a battle; but that +the King of England, in his own country, beloved by his subjects, +provided with every supply, had more certain and less dangerous means +of ensuring to himself the victory; that the Norman troops, elated on +the one hand with the highest hopes, and seeing, on the other, no +resource in case of a discomfiture, would fight to the last extremity; +and being the flower of all the warriors of the continent, must be +regarded as formidable to the English: that if their first fire, which +is always the most dangerous, were allowed to languish for want of +action; if they were harassed with small skirmishes, straitened in +provisions, and fatigued with the bad weather and deep roads during +the winter season which was approaching, they must fall an easy and a +bloodless prey to their enemy: that if a general action were delayed, +the English, sensible of the imminent danger to which their +properties, as well as liberties, were exposed from those rapacious +invaders, would hasten from all quarters to his assistance, and would +render his army invincible: that at least, if he thought it necessary +to hazard a battle, he ought not to expose his own person, but +reserve, in case of disastrous accidents, some resource to the liberty +and independence of the kingdom: and that having once been so +unfortunate as to be constrained to swear, and that upon the holy +relics, to support the pretensions of the Duke of Normandy, it were +better that the command of the army should be intrusted to another, +who not being bound by those sacred ties, might give the soldiers more +assured hopes of a prosperous issue to the combat. + +Harold was deaf to all these remonstrances: elated with his past +prosperity, as well as stimulated by his native courage, he resolved +to give battle in person; and for that purpose he drew near to the +Normans, who had removed their camp and fleet to Hastings, where they +fixed their quarters. He was so confident of success, that he sent a +message to the duke, promising him a sum of money if he would depart +the kingdom without effusion of blood: but his offer was rejected with +disdain; and William, not to be behind with his enemy in vaunting, +sent him a message by some monks, requiring him either to resign the +kingdom, or to hold it of him in fealty, or to submit their cause to +the arbitration of the pope, or to fight him in single combat. Harold +replied, that the God of battles would soon be the arbiter of all +their .differences [r]. +[FN [r] Higden, p. 286.] + +[MN 14th October.] The English and Normans now prepared themselves +for this important decision; but the aspect of things on the night +before the battle was very different in the two camps. The English +spent the night in riot, and jollity, and disorder; the Normans in +silence, and in prayer, and in the other functions of their religion +[s]. On the morning, the duke called together the most considerable +of his commanders, and made them a speech suitable to the occasion. +He represented to them, that the event which they and he had long +wished for was approaching; the whole fortune of the war now depended +on their swords, and would be decided in a single action: that never +army had greater motives for exerting a vigorous courage, whether they +considered the prize which would attend their victory, or the +inevitable destruction which must ensue upon their discomfiture: that +if their martial and veteran bands could once break those raw +soldiers, who had rashly dared to approach them, they conquered a +kingdom at one blow, and were justly entitled to all its possessions +as the reward of their prosperous valour: that, on the contrary, if +they remitted in the least their wonted prowess, an enraged enemy hung +upon their rear, the sea met them in their retreat, and an ignominious +death was the certain punishment of their imprudent cowardice: that by +collecting so numerous and brave a host, he had ensured every human +means of conquest; and the commander of the enemy, by his criminal +conduct, had given him just cause to hope for the favour of the +Almighty, in whose hands alone lay the event of wars and battles: and +that a perjured usurper, anathematized by the sovereign pontiff, and +conscious of his own breach of faith, would be struck with terror on +their appearance, and would prognosticate to himself that fate which +his multiplied crimes had so justly merited [t]. The duke next +divided his army into three lines: the first, led by Montgomery, +consisted of archers and light-armed infantry: the second, commanded +by Martel, was composed of his bravest battalions, heavy armed, and +ranged in close order: his cavalry, at whose head he placed himself, +formed the third line; and were so disposed, that they stretched +beyond the infantry, and flanked each wing of the army [u]. He +ordered the signal of battle to be given; and the whole army, moving +at once, and singing the hymn or song of Roland, the famous peer of +Charlemagne [w], advanced, in order, and with alacrity, towards the +enemy. +[FN [s] W. Malm. p. 101. De Gest. Angl. p. 332. [t] H. Hunt. p. 368. +Brompton p. 959. Gul. Pict. p. 201. [u] Gul. Pict. p. 201. Order. +Vital. p. 501. [w] W. Malm. p. 101. Higden, p. 286. Matth. West. p. +223. Du Cange’s Glossary, in verbo CANTILENA ROLANDI.] + +Harold had seized the advantage of a rising ground, and having +likewise drawn some trenches to secure his flanks, he resolved to +stand upon the defensive, and to avoid all action with the cavalry, in +which he was inferior. The Kentish men were placed in the van, a post +which they had always claimed as their due: the Londoners guarded the +standard: and the king himself, accompanied by his two valiant +brothers, Gurth and Leofwin, dismounting, placed himself at the head +of his infantry, and expressed his resolution to conquer or to perish +in the action. The first attack of the Normans was desperate, but was +received with equal valour by the English; and after a furious combat, +which remained long undecided, the former, overcome by the difficulty +of the ground, and hard pressed by the enemy, began first to relax +their vigour, then to retreat; and confusion was spreading among the +ranks, when William, who found himself on the brink of destruction, +hastened with a select band to the relief of his dismayed forces. His +presence restored the action; the English were obliged to retire with +loss; and the duke, ordering his second line to advance, renewed the +attack with fresh forces, and with redoubled courage. Finding that +the enemy, aided by the advantage of ground, and animated by the +example of their prince, still made a vigorous resistance, he tried a +stratagem, which was very delicate in its management, but which seemed +advisable in his desperate situation, where, if he gained not a +decisive victory, he was totally undone: he commanded his troops to +make a hasty retreat, and to allure the enemy from their ground by the +appearance of flight. The artifice succeeded against those +inexperienced soldiers, who, heated by the action, and sanguine in +their hopes, precipitately followed the Normans into the plain. +William gave orders, that at once the infantry should face about upon +their pursuers, and the cavalry make an assault upon their wings, and +both of them pursue the advantage which the surprise and terror of the +enemy must give them in that critical and decisive moment. The +English were repulsed with great slaughter, and driven back to the +hill; where, being rallied by the bravery of Harold, they were able, +notwithstanding their loss, to maintain their post, and continue the +combat. The duke tried the same stratagem a second time with the same +success; but even after this double advantage, he still found a great +body of the English, who, maintaining themselves in firm array, seemed +determined to dispute the victory to the last extremity. He ordered +his heavy-armed infantry to make an assault upon them; while his +archers placed behind, should gall the enemy, who were exposed by the +situation of the ground, and who were intent on defending themselves +against the swords and spears of the assailants. By this disposition +he at last prevailed: Harold was slain by an arrow while he was +combating with great bravery at the head of his men: his two brothers +shared the same fate: and the English, discouraged by the fall of +those princes, gave ground on all sides, and were pursued with great +slaughter by the victorious Normans. A few troops, however, of the +vanquished had still the courage to turn upon their pursuers; and +attacking them in deep and miry ground, obtained some revenge for the +slaughter and dishonour of the day. But the appearance of the duke +obliged them to seek their safety by flight; and darkness saved them +from any farther pursuit by the enemy. + +Thus was gained by William, Duke of Normandy, the great and decisive +victory of Hastings, after a battle which was fought from morning till +sunset, and which seemed worthy, by the heroic valour displayed by +both armies, and by both commanders, to decide the fate of a mighty +kingdom. William had three horses killed under him; and there fell +near fifteen thousand men on the side of the Normans: the loss was +still more considerable on that of the vanquished; besides the death +of the king and his two brothers. The dead body of Harold was brought +to William, and was generously restored without ransom to his mother. +The Norman army left not the field of battle without giving thanks to +Heaven in the most solemn manner for their victory; and the prince, +having refreshed his troops, prepared to push to the utmost his +advantage against the divided, dismayed, and discomfited English. + + + + +APPENDIX I. + +THE ANGLO-SAXON GOVERNMENT AND MANNERS. + +FIRST SAXON GOVERNMENT.--SUCCESSION OF THE KINGS.--THE WITTENAGEMOT.-- +THE ARISTOCRACY.--THE SEVERAL ORDERS OF MEN.—COURTS OF JUSTICE.-- +CRIMINAL LAW.--RULES OF PROOF.--MILITARY FORCE.--PUBLIC REVENUE.-- +VALUE OF MONEY.--MANNERS. + + + +The government of the Germans, and that of all the northern nations, +who established themselves on the ruins of Rome, was always extremely +free; and those fierce people, accustomed to independence and inured +to arms, were more guided by persuasion than authority, in the +submission which they paid to their princes. The military despotism, +which had taken place in the Roman empire, and which, previously to +the irruption of those conquerors, had sunk the genius of men, and +destroyed every noble principle of science and virtue, was unable to +resist the vigorous efforts of a free people; and Europe, as from a +new epoch, rekindled her ancient spirit, and shook off the base +servitude to arbitrary will and authority under which she had so long +laboured. The free constitutions then established, however impaired +by the encroachments of succeeding princes, still preserve an air of +independence and legal administration, which distinguish the European +nations; and if that part of the globe maintain sentiments of liberty, +honour, equity and valour, superior to the rest of mankind, it owes +these advantages chiefly to the seeds implanted by those generous +barbarians. + +[MN First Saxon government.] +The Saxons, who subdued Britain, as they enjoyed great liberty in +their own country, obstinately retained that invaluable possession in +their new settlement; and they imported into this island the same +principles of independence which they had inherited from their +ancestors. The chieftains (for such they were, more properly than +kings or princes) who commanded them in those military expeditions, +still possessed a very limited authority; and as the Saxons +exterminated, rather than subdued, the ancient inhabitants, they were +indeed transplanted into a new territory, but preserved unaltered all +their civil and military institutions. The language was pure Saxon; +even the names of places, which often remain while the tongue entirely +changes, were almost all affixed by the conquerors; the manners and +customs were wholly German; and the same picture of a fierce and bold +liberty, which is drawn by the masterly pencil of Tacitus, will suit +those founders of the English government. The king, so far from being +invested with arbitrary power, was only considered as the first among +the citizens; his authority depended more on his personal qualities +than on his station; he was even so far on a level with the people, +that a stated price was fixed for his head, and a legal fine was +levied upon his murderer, which, though proportionate to his station, +and superior to that paid for the life of a subject, was a sensible +mark of his subordination to the community. + +[MN Succession of the kings.] +It is easy to imagine, that an independent people, so little +restrained by law and cultivated by science, would not be very strict +in maintaining a regular succession of their princes. Though they +paid great regard to the royal family, and ascribed to it an +undisputed superiority, they either had no rule, or none that was +steadily observed, in filling the vacant throne; and present +convenience, in that emergency, was more attended to than general +principles. We are not, however, to suppose that the crown was +considered as altogether elective; and that a regular plan was traced +by the constitution for supplying, by the suffrages of the people, +every vacancy made by the demise of the first magistrate. If any king +left a son of an age and capacity fit for government, the young prince +naturally stepped into the throne: if he was a minor, his uncle, or +the next prince of the blood, was promoted to the government, and left +the sceptre to his posterity: any sovereign, by taking previous +measures with the leading men, had it greatly in his power to appoint +his successor: all these changes, and indeed the ordinary +administration of government, required the express concurrence, or at +least the tacit acquiescence, of the people; but possession, however +obtained, was extremely apt to secure their obedience, and the idea of +any right, which was once excluded, was but feeble and imperfect. +This is so much the case in all barbarous monarchies, and occurs so +often in the history of the Anglo-Saxons, that we cannot consistently +entertain any other notion of their government. The idea of an +hereditary succession in authority is so natural to men, and is so +much fortified by the usual rule in transmitting private possessions, +that it must retain a great influence on every society, which does not +exclude it by the refinements of a republican constitution. But as +there is a material difference between government and private +possessions, and every man is not as much qualified for exercising the +one, as for enjoying the other, a people, who are not sensible of the +general advantages attending a fixed rule, and apt to make great leaps +in the succession, and frequently to pass over the person, who, had he +possessed the requisite years and abilities, would have been thought +entitled to the sovereignty. Thus, these monarchies are not, strictly +speaking, either elective or hereditary; and though the destination of +a prince may often be followed in appointing his successor, they can +as little be regarded as wholly testamentary. The states by their +suffrage may sometimes establish a sovereign; but they more frequently +recognize the person whom they find established: a few great men take +the lead; the people, overawed and influenced, acquiesce in the +government; and the reigning prince, provided he be of the royal +family, passes undisputedly for the legal sovereign. + +[MN The Wittenagemot.] +It is confessed, that our knowledge of the Anglo-Saxon history and +antiquities is too imperfect to afford us means of determining, with +certainty, all the prerogatives of the crown and privileges of the +people, or of giving an exact delineation of that government. It is +probable, also, that the constitution might be somewhat different in +the different kingdoms of the Heptarchy, and that it changed +considerably during the course of six centuries, which elapsed from +the first invasion of the Saxons till the Norman conquest [a]. But +most of these differences and changes, with their causes and effects, +are unknown to us. It only appears, that at all times, and in all the +kingdoms, there was a national council, called a Wittenagemot, or +assembly of the wise men, (for that is the import of the term,) whose +consent was requisite for enacting laws, and for ratifying the chief +acts of public administration. The preambles to all the laws of +Ethelbert, Ina, Alfred, Edward the Elder, Athelstan, Edmond, Edgar, +Ethelred, and Edward the Confessor; even those to the laws of Canute, +though a kind of conqueror, put this matter beyond controversy, and +carry proofs everywhere of a limited and legal government. But who +were the constituent members of this Wittenagemot has not been +determined with certainty by antiquaries. It is agreed, that the +bishops and abbots [b] were an essential part; and it is also evident, +from the tenour of those ancient laws, that the Wittenagemot enacted +statutes which regulated the ecclesiastical as well as civil +government, and that those dangerous principles, by which the church +is totally severed from the state, were hitherto unknown to the +Anglo-Saxons [c]. It also appears, that the aldermen, or governors of +counties, who, after the Danish times, were often called earls [d], +were admitted into this council, and gave their consent to the public +statutes. But besides the prelates and aldermen, there is also +mention of the Wites, or Wise-men, as a component part of the +Wittenagemot; but who THESE were, is not so clearly ascertained by the +laws or the history of that period. The matter would probably be of +difficult discussion, even were it examined impartially; but as our +modern parties have chosen to divide on this point, the question has +been disputed with the greater obstinacy, and the arguments on both +sides have become, on that account, the more captious and deceitful. +Our monarchical faction maintain, that these WITES, or SAPIENTES, were +the judges, or men learned in the law; the popular faction assert them +to be representatives of the boroughs, or what we now call the +Commons. +[FN [a] We know of one change, not inconsiderable, in the Saxon +constitution. The Saxon Annals, p. 49, inform us, that it was in +early times the prerogative of the king to name the dukes, earls, +aldermen, and sheriffs of the counties. Asser, a contemporary writer, +informs us, that Alfred deposed all the ignorant aldermen, and +appointed men of more capacity in their place. Yet the laws of Edward +the Confessor, Sec. 35, say expressly, that the Heretoghs or dukes, +and the sheriffs, were chosen by the freeholders in the folkmote, a +county court, which was assembled once a year, and where all the +freeholders swore allegiance to the king. [b] Sometimes abbesses were +admitted; at least, they often sign the king’s charters or grants. +Spellm. Gloss. in verbo PARLIAMENTUM. [c] Wilkins, passim. [d] See +note [G] at the end of the volume.] + +The expressions employed by all ancient historians, in mentioning the +Wittenagemot, seem to contradict the latter supposition. The members +are almost always called the PRINCIPES, SATRAPAE, OPTIMATES, MAGNATES, +PROCERES; terms which seem to suppose an aristocracy, and to exclude +the Commons. The boroughs also, from the low state of commerce, were +so small and so poor, and the inhabitants lived in such dependence on +the great men [e], that it seemed nowise probable they would be +admitted as a part of the national councils. The Commons are well +known to have had no share in the governments established by the +Franks, Burgundians, and other northern nations; and we may conclude +that the Saxons, who remained longer barbarous and uncivilized than +those tribes, would never think of conferring such an extraordinary +privilege on trade and industry. The military profession alone was +honourable among all those conquerors; the warriors subsisted by their +possessions in land; they became considerable by their influence over +their vassals, retainers, tenants, and slaves; and it requires strong +proof to convince us that they would admit any of a rank so much +inferior as the burgesses, to share with them in the legislative +authority. Tacitus indeed affirms, that among the ancient Germans, +the consent of all the members of the community was required in every +important deliberation; but he speaks not of representatives; and this +ancient practice, mentioned by the Roman historian, could only have +place in small tribes, where every citizen might, without +inconvenience, be assembled upon any extraordinary emergency. After +principalities became extensive; after the difference of property had +formed distinctions more important than those which arose from +personal strength and valour, we may conclude, that the national +assemblies must have been more limited in their number, and composed +only of the more considerable citizens. +[FN [e] Brady’s Treatise of English Boroughs, p. 3, 4, 5, &c.] + +But though we must exclude the burgesses, or Commons from the Saxon +Wittenagemot, there is some necessity for supposing that this assembly +consisted of other members than the prelates, abbots, aldermen, and +the judges or privy council. For as all these, excepting some of the +ecclesiastics [f], were anciently appointed by the king, had there +been no other legislative authority, the royal power had been in a +great measure absolute, contrary to the tenour of all the historians, +and to the practice of all the northern nations. We may therefore +conclude, that the more considerable proprietors of land were, without +any election, constituent members of the national assembly; there is +reason to think that forty hides, or between four and five thousand +acres, was the estate requisite for entitling the possessor to this +honourable privilege. We find a passage in an ancient author [g], by +which it appears, that a person of very noble birth, even one allied +to the crown, was not esteemed a PRINCEPS (the term usually employed +by ancient historians, when the Wittenagemot is mentioned) till he had +acquired a fortune of that amount. Nor need we imagine that the +public council would become disorderly or confused by admitting so +great a multitude. The landed property of England was probably in few +hands during the Saxon times; at least during the latter part of that +period; and as men had hardly any ambition to attend those public +councils, there was no danger of the assembly’s becoming too numerous +for the despatch of the little business which was brought before them. +[FN [f] There is some reason to think, that the bishops were sometimes +chosen by the Wittenagemot, and confirmed by the king. Eddius, cap. +2. The abbots in the monasteries of royal foundation were anciently +named by the king; though Edgar gave the monks the election, and only +reserved to himself the ratification. This destination was afterwards +frequently violated; and the abbots, as well as bishops were +afterwards all appointed by the king; as we learn from Ingulph, a +writer contemporary with the conquest. [g] Hist. Eliensis, lib. 2 +cap. 40.] + +It is certain, that, whatever we may determine concerning the +constituent members of the Wittenagemot, in whom, with the king, the +legislature resided, the Anglo-Saxon government, in the period +preceding the Norman conquest, was become extremely aristocratical; +the royal authority was very limited; the people, even if admitted to +that assembly, were of little or no weight and consideration. We have +hints given us in historians, of the great power and riches of +particular noblemen: and it could not but happen, after the abolition +of the Heptarchy, when the king lived at a distance from the +provinces, that those great proprietors, who resided on their estates, +would much augment their authority over their vassals and retainers, +and over all the inhabitants of the neighbourhood. Hence the +immeasurable power assumed by Harold, Godwin, Leofric, Siward, Morcar, +Edwin, Edric, and Alfric, who controlled the authority of the kings, +and rendered themselves quite necessary in the government. The two +latter, though detested by the people, on account of their joining a +foreign enemy, still preserved their power and influence; and we may +therefore conclude, that their authority was founded, not on +popularity, but on family rights and possessions. There is one +Athelstan, mentioned in the reign of the king of that name, who is +called Alderman of all England, and is said to be half-king; though +the monarch himself was a prince of valour and abilities [h]. And we +find, that in the latter Saxon times, and in these alone, the great +office went from father to son, and became in a manner hereditary in +the families [i]. +[FN [h] Hist. Rames. Sec. 3, p. 387. [i] Roger Hoveden, giving the +reason why William the Conqueror made Cospatric Earl of +Northumberland, says, NAM EX MATERNO SANGUINE ATTINEBAT AD EUM HONOR +ILLIUS COMITATUS. ERAT ENIM EX MATRE ALGITHA, FILIA UTHREDI COMITIS. +See also Sim. Dun. p. 205. We see in those instances the same +tendency towards rendering offices hereditary, which took place, +during a more early period, on the continent, and which had already +produced there its full effect.] + +The circumstances attending the invasions of the Danes would also +serve much to increase the power of the principal nobility. Those +freebooters made unexpected inroads on all quarters; and there was a +necessity that each county should resist them by its own force, and +under the conduct of its own nobility and its own magistrates. For +the same reason that a general war, managed by the united efforts of +the state, commonly augments the power of the crown; those private +wars and inroads turned to the advantage of the aldermen and nobles. + +Among that military and turbulent people, so averse to commerce and +the arts, and so little inured to industry, justice was commonly very +ill administered, and great oppression and violence seem to have +prevailed. These disorders would be increased by the exorbitant power +of the aristocracy; and would, in their turn, contribute to increase +it. Men, not daring to rely on the guardianship of the laws, were +obliged to devote themselves to the service of some chieftain, whose +orders they followed, even to the disturbance of the government, or +the injury of their fellow-citizens, and who afforded them, in return, +protection from any insult or injustice by strangers. Hence, we find +by the extracts which Dr. Brady has given us from Domesday, that +almost all the inhabitants, even of towns, had placed themselves under +the clientship of some particular nobleman, whose patronage they +purchased by annual payments, and whom they were obliged to consider +as their sovereign, more than the king himself, or even the +legislature [k]. A client, though a freeman, was supposed so much to +belong to his patron, that his murderer was obliged by law to pay a +fine to the latter, as a compensation for his loss; in like manner as +he paid a fine to the master for the murder of his slave [l]. Men who +were of a more considerable rank, but not powerful enough each to +support himself by his own independent authority, entered into formal +confederacies with each other, and composed a kind of separate +community, which rendered itself formidable to all aggressors. Dr. +Hickes has preserved a curious Saxon bond of this kind, which he calls +a SODALITIUM, and which contains many particulars characteristical of +the manners and customs of the times [m]. All the associates are +there said to be gentlemen of Cambridgeshire, and they swear before +the holy relics to observe their confederacy, and to be faithful to +each other: they promise to bury any of the associates who dies, in +whatever place he had appointed; to contribute to his funeral charges, +and to attend at his interment; and whoever is wanting in this last +duty, binds himself to pay a measure of honey. When any of the +associates is in danger, and calls for the assistance of his fellows, +they promise, besides flying to his succour, to give information to +the sheriff; and if he be negligent in protecting the person exposed +to danger, they engage to levy a fine of one pound upon him: if the +president of the society himself be wanting in this particular, he +binds himself to pay one pound; unless he has the reasonable excuse of +sickness, or of duty to his superior. When any of the associates is +murdered, they are to exact eight pounds from the murderer; and if he +refuse to pay it, they are to prosecute him for the sum at their joint +expense. If any of the associates who happens to be poor kill a man, +the society are to contribute, by a certain proportion, to pay his +fine: a mark a-piece if the fine be seven hundred shillings; less if +the person killed be a clown or ceorle; the half of that sum, again, +if he be a Welshman. But where any of the associates kills a man, +wilfully and without provocation, he must himself pay the fine. If +any of the associates kill any of his fellows in a like criminal +manner, besides paying the usual fine to the relations of the +deceased, he must pay eight pounds to the society, or renounce the +benefit of it; in which case, they bind themselves, under the penalty +of one pound, never to eat or drink with him, except in the presence +of the king, bishop, or alderman. There are other regulations to +protect themselves and their servants from all injuries, to revenge +such as are committed, and to prevent their giving abusive language to +each other; and the fine, which they engage to pay for this last +offence, is a measure of honey. +[FN [k] Brady’s Treatise of Boroughs, p. 3, 4, 5, &c. The case was +the same with the freemen in the country. See Pref. to his Hist. p. +8, 9, 10, &c. [1] LL. Edw. Conf. Sec. 8. apud Ingulph. [m] Dissert. +Epist. p. 21.] + +It is not to be doubted but a confederacy of this kind must have been +a great source of friendship and attachment; when men lived in +perpetual danger from enemies, robbers, and oppressors, and received +protection chiefly from their personal valour, and from the assistance +of their friends or patrons. As animosities were then more violent, +connexions were also more intimate, whether voluntary or derived from +blood: the most remote degree of propinquity was regarded: an +indelible memory of benefits was preserved: severe vengeance was taken +for injuries, both from a point of honour, and as the best means of +future security: and the civil union being weak, many private +engagements were contracted in order to supply its place, and to +procure men that safety which the laws and their own innocence were +not alone able to insure to them. + +On the whole, notwithstanding the seeming liberty, or rather +licentiousness, of the Anglo-Saxons, the great body even of the free +citizens, in those ages, really enjoyed much less true liberty, than +where the execution of the laws is the most severe, and where subjects +are reduced to the strictest subordination and dependence on the civil +magistrate. The reason is derived from the excess itself of that +liberty. Men must guard themselves at any price against insults and +injuries; and where they receive not protection from the laws and +magistrate, they will seek it by submission to superiors, and by +herding in some private confederacy which acts under the direction of +a powerful leader. And thus all anarchy is the immediate cause of +tyranny, if not over the state, at least over many of the individuals. +Security was provided by the Saxon laws to all members of the +Wittenagemot, both in going and returning, EXCEPT THEY WERE NOTORIOUS +THIEVES AND ROBBERS. + +[MN The several orders of men.] +The German Saxons, as the other nations of that continent, were +divided into three ranks of men, the noble, the free, and the slaves +[n]. This distinction they brought over with them into Britain. +[FN [n] Nithard. Hist. lib. 4.] + +The nobles were called thanes; and were of two kinds, the king’s +thanes and lesser thanes. The latter seem to have been dependent on +the former; and to have received lands, for which they paid rent, +services, or attendance in peace and war [o]. We know of no title +which raised any one to the rank of thane, except noble birth and the +possession of land. The former was always much regarded by all the +German nations, even in their most barbarous state; and as the Saxon +nobility, having little credit, could scarcely burthen their estates +with much debt, and as the Commons had little trade or industry by +which they could accumulate riches, these two ranks of men, even +though they were not separated by positive laws, might remain long +distinct, and the noble families continue many ages in opulence and +splendour. There were no middle ranks of men that could gradually mix +with their superiors, and insensibly procure to themselves honour and +distinction. If by any extraordinary accident a mean person acquired +riches, a circumstance so singular made him be known and remarked; he +became the object of envy, as well as of indignation, to all the +nobles; he would have great difficulty to defend what he had acquired; +and he would find it impossible to protect himself from oppression, +except by courting the patronage of some great chieftain, and paying a +large price for his safety. +[FN [o] Spellm. Feuds and Tenures, p. 40.] + +There are two statutes among the Saxon laws which seem calculated to +confound those different ranks of men; that of Athelstan, by which a +merchant, who had made three long sea voyages on his own account, was +entitled to the quality of thane [p]; and that of the same prince, by +which a ceorle or husbandman, who had been able to purchase five hides +of land, and had a chapel, a kitchen, a hall, and a bell, was raised +to the same distinction [q]. But the opportunities were so few, by +which a merchant or ceorle could thus exalt himself above his rank, +that the law could never overcome the reigning prejudices; the +distinction between noble and base blood would still be indelible; and +the well-born thanes would entertain the highest contempt for those +legal and factitious ones. Though we are not informed of any of these +circumstances by ancient historians, they are so much founded on the +nature of things, that we may admit them as a necessary and infallible +consequence of the situation of the kingdom during those ages. +[FN [p] Wilkins, p. 71. [q] Selden, Titles of Honour, p. 515. +Wilkins, p. 70.] + +The cities appear by Domesday-book to have been at the Conquest little +better than villages [r]. York itself, though it was always the +second, at least the third [s], city in England, and was the capital +of a great province, which never was thoroughly united with the rest, +contained but one thousand four hundred and eighteen families [t]. +Malmsbury tells us [u], that the great distinction between the +Anglo-Saxon nobility, and the French or Norman was, that the latter +built magnificent and stately castles; whereas the former consumed +their immense fortunes in riot and, hospitality, and in mean houses. +We may thence infer, that the arts in general were much less advanced +in England than in France; a greater number of idle servants and +retainers lived about the great families; and as these, even in +France, were powerful enough to disturb the execution of the laws, we +may judge of the authority acquired by the aristocracy in England. +When Earl Godwin besieged the Confessor in London, he summoned from +all parts his huscarles or houseceorles and retainers, and thereby +constrained his sovereign to accept of the conditions which he was +pleased to impose upon him. +[FN [r] Winchester, being the capital of the West Saxon monarchy, was +anciently a considerable city. Gul. Pict. p. 210. [s] Norwich +contained 738 houses, Exeter 315, Ipswich 538, Northampton 60, +Hereford 146, Canterbury 262, Bath 64, Southampton 84, Warwick 225. +See Brady of Boroughs, p. 3, 4, 5, 6, &c. These are the most +considerable he mentions. The account of them is extracted from +Domesday-book. [t] Brady’s Treatise of Boroughs, p. 10. There were +six wards, besides the archbishop’s palace; and five of these wards +contained the number of families here mentioned, which, at the rate of +five persons to a family, makes about 7000 souls. The sixth ward was +laid waste. [u] p. 102. See also, De Gest. Angl. p. 333.] + +The lower rank of freemen were denominated ceorles among the +Anglo-Saxons; and, where they were industrious, they were chiefly +employed in husbandry: whence a ceorle and a husbandman became in a +manner synonymous terms. They cultivated the farms of the nobility or +thanes, for which they paid rent; and they seem to have been +removeable at pleasure. For there is little mention of leases among +the Anglo-Saxons; the pride of the nobility, together with the general +ignorance of writing, must have rendered these contracts very rare, +and must have kept the husbandmen in a dependent condition. The rents +of farms were then chiefly paid in kind [w]. +[FN [w] LL. Inae, Sec. 70. These laws fixed the rents for a hide; but +it is difficult to convert it into modern measures.] + +But the most numerous rank by far in the community seems to have been +the slaves or villains, who were the property of their lords, and were +consequently incapable themselves of possessing any property. Dr. +Brady assures us, from a survey of Domesday-book [x], that in all the +counties of England, the far greater part of the land was occupied by +them, and that the husbandmen, and still more the socmen, who were +tenants that could not be removed at pleasure, were very few in +comparison. This was not the case with the German nations, as far as +we can collect from the account given us by Tacitus. The perpetual +wars in the Heptarchy, and the depredations of the Danes, seem to have +been the cause of this great alteration with the Anglo-Saxons. +Prisoners taken in battle, or carried off in the frequent inroads, +were then reduced to slavery; and became, by right of war [y], +entirely at the disposal of their lords. Great property in the +nobles, especially if joined to an irregular administration of +justice, naturally favours the power of the aristocracy; but still +more so if the practice of slavery be admitted, and has become very +common. The nobility not only possess the influence which always +attends riches, but also the power which the laws give them over their +slaves and villains. It then becomes difficult, and almost +impossible, for a private man to remain altogether free and +independent. +[FN [x] General Preface to his Hist. p. 7, 8, 9 &c. [y] LL. Edg. Sec. +14 apud Spellm. Conc. vol. 1. p. 471.] + +There were two kinds of slaves among the Anglo-Saxons; household +slaves, after the manner of the ancients, and praedial, or rustic, +after the manner of’ the Germans [z]. These latter resembled the +serfs, which are at present to be met with in Poland, Denmark, and +some parts of Germany. The power of a master over his slaves was not +unlimited among the Anglo-Saxons, as it was among their ancestors. If +a man beat out his slave’s eye or teeth, the slave recovered his +liberty [a]: if he killed him, he paid a fine to the king, provided +the slave died within a day after the wound or blow; otherwise it +passed unpunished [b]. The selling of themselves or children to +slavery was always the practice among the German nations [c], and was +continued by the Anglo-Saxons [d]. +[FN [z] Spellm. Gloss. in verb. SERRUS [a] LL. Aelf. Sec. 20. [b] +Ibid 17. [c] Tacit. de Morib. Germ. [d] LL. Inae, Sec. 11 LL. Aelf. +Sec. 12.] + +The great lords and abbots among the Anglo-Saxons possessed a criminal +jurisdiction within their territories, and could punish without +appeal, any thieves or robbers whom they caught there [e]. This +institution must have had a very contrary effect to that which was +intended, and must have procured robbers a sure protection on the +lands of such noblemen as did not sincerely mean to discourage crimes +and violence. +[FN [e] Higden, lib. 1. cap. 50. LL. Edw. Conf. Sec. 26. Spellm. +Conc. vol. i. p. 415. Gloss. in verb. HALIGEMOT ET INFANGENTHEFE.] + +[MN Courts of justice.] +But though the general strain of the Anglo-Saxon government seems to +have become aristocratical, there were still considerable remains of +the ancient democracy, which were not indeed sufficient to protect the +lowest of the people, without the patronage of some great lord, but +might give security, and even some degree of dignity, to the gentry, +or inferior nobility. The administration of justice, in particular, +by the courts of the decennary, the hundred, and the county, was well +calculated to defend general liberty, and to restrain the power of the +nobles. In the county courts, or shiremotes, all the freeholders were +assembled twice a year, and received appeals from the inferior courts. +They there decided all causes, ecclesiastical as well as civil; and +the bishop, together with the alderman or earl, presided over them +[f]. The affair was determined in a summary manner, without much +pleading, formality, or delay, by a majority of voices; and the bishop +and alderman had no farther authority than to keep order among the +freeholders, and interpose with their opinion [g]. Where justice was +denied during three sessions by the hundred, and then by the county +court, there lay an appeal to the king’s court [h]; but this was not +practised on slight occasions. The alderman received a third of the +fines levied in those courts [i]; and as most of the punishments were +then pecuniary, this perquisite formed a considerable part of the +profits belonging to his office. The two-thirds also which went to +the king, made no contemptible part of the public revenue. Any +freeholder was fined who absented himself thrice from these courts +[k]. +[FN [f] LL. Edg. Sec. 5. Wilkins, p. 78. LL. Canut. Sec. 17. +Wilkins, p. 136. [g] Hickes, Dissert. Epist. p. 2, 3, 4, 5, 6, 7, 8. +[h] LL. Edg Sec. 2. Wilkins, p. 77. LL. Canut. Sec. 18. apud +Wilkins, p. 136. [i] LL. Edw. Conf. Sec. 31. [k] LL. Ethelst. Sec. +20.] + +As the extreme ignorance of the age made deeds and writings very rare, +the county or hundred court was the place where the most remarkable +civil transactions were finished, in order to preserve the memory of +them, and prevent all future disputes. Here testaments were +promulgated, slaves manumitted, bargains of sale concluded; and +sometimes, for greater security, the most considerable of these deeds +were inserted in the blank leaves of the parish bible, which thus +became a kind of register too sacred to be falsified. It was not +unusual to add to the deed an imprecation on all such as should be +guilty of that crime [l]. +[FN [1] Hickes, Dissert. Epist.] + +Among a people, who lived in so simple a manner as the Anglo-Saxons, +the judicial power is always of greater importance than the +legislative. There were few or no taxes imposed by the states; there +were few statutes enacted; and the nation was less governed by laws +than by customs, which admitted a great latitude of interpretation. +Though it should therefore be allowed that the Wittenagemot was +altogether composed of the principal nobility, the county courts, +where all the freeholders were admitted, and which regulated all the +daily occurrences of life, formed a wide basis for the government, and +were no contemptible checks on the aristocracy. But there is another +power still more important than either the judicial or legislative; to +wit, the power of injuring or serving by immediate force and violence, +for which it is difficult to obtain redress in courts of justice. In +all extensive governments, where the execution of the laws is feeble, +this power naturally falls into the hands of the principal nobility; +and the degree of it which prevails cannot be determined so much by +the public statutes, as by small incidents in history, by particular +customs, and sometimes by the reason and nature of things. The +Highlands of Scotland have long been entitled by law to every +privilege of British subjects; but it was not till very lately that +the common people could in fact enjoy these privileges. + +The powers of all the members of the Anglo-Saxon government are +disputed among historians and antiquaries; the extreme obscurity of +the subject, even though faction had never entered into the question, +would naturally have begotten those controversies. But the great +influence of the lords over their slaves and tenants, the clientship +of the burghers, the total want of a middling rank of men, the extent +of the monarchy, the loose execution of the laws, the continued +disorders and convulsions of the state; all these circumstances evince +that the Anglo-Saxon government became at last extremely +aristocratical; and the events, during the period immediately +preceding the conquest, confirm this inference or conjecture. + +[MN Criminal law.] +Both the punishments inflicted by the Anglo-Saxon courts of +judicature, and the methods of proof employed in all causes, appear +somewhat singular, and are very different from those which prevail at +present among all civilized nations. + +We must conceive that the ancient Germans were little removed from the +original state of nature: the social confederacy among them was more +martial than civil: they had chiefly in view the means of attack or +defence against public enemies, not those of protection against their +fellow-citizens: their possessions were so slender and so equal, that +they were not exposed to great danger; and the natural bravery of the +people made every man trust to himself, and to his particular friends, +for his defence or vengeance. This defect in the political union drew +much closer the knot of particular confederacies; an insult upon any +man was regarded by all his relations and associates as a common +injury; they were bound by honour, as well as by a sense of common +interest, to revenge his death, or any violence which he had suffered: +they retaliated on the aggressor by like acts of violence; and if he +were protected, as was natural and usual, by his own clan, the quarrel +was spread still wider, and bred endless disorders in the nation. + +The Frisians, a tribe of the Germans, had never advanced beyond this +wild and imperfect state of society; and the right of private revenge +still remained among them unlimited and uncontrolled [m]. But the +other German nations, in the age of Tacitus, had made one step farther +towards completing the political or civil union. Though it still +continued to be an indispensable point of honour for every clan to +revenge the death or injury of a member, the magistrate had acquired a +right of interposing in the quarrel, and of accommodating the +difference. He obliged the person maimed or injured, and the +relations of one killed, to accept of a present from the aggressor and +his relations [n], as a compensation for the injury [o], and to drop +all farther prosecution of revenge. That the accommodation of one +quarrel might not be the source of more, this present was fixed and +certain, according to the rank of the person killed, or injured, and +was commonly paid in cattle, the chief property of those rude and +uncultivated nations. A present of this kind gratified the revenge of +the injured family, by the loss which the aggressor suffered; it +satisfied their pride, by the submission which it expressed; it +diminished their regret for the loss or injury of a kinsman, by their +acquisition of new property; and thus general peace was for a moment +restored to the society [p]. +[FN [m] LL. Fris. tit. 2. apud. Lindenbrog. p. 491. [n] LL. Aethelb. +Sec. 23. LL. Aelf. Sec. 27. [o] Called by the Saxons MOEGBOTA. [p] +Tacit. de Morib. Germ. The author says, that the price of the +composition was fixed; which must have been by the laws and the +interposition of the magistrates.] + +But when the German nations had been settled some time in the +provinces of the Roman empire, they made still another step towards a +more cultivated life, and their criminal justice gradually improved +and refined itself. The magistrate, whose office it was to guard +public peace, and to suppress private animosities, conceived himself +to be injured by every injury done to any of his people; and besides +the compensation to the person who suffered, or to his family, he +thought himself entitled to exact a fine called the Fridwit as an +atonement for the breach of peace, and as a reward for the pains which +he had taken in accommodating the quarrel. When this idea, which is +so natural, was once suggested, it was willingly received both by +sovereign and people. The numerous fines which were levied augmented +the revenue of the king; and the people were sensible that he would be +more vigilant in interposing with his good offices, when he reaped +such immediate advantage from them; and that injuries would be less +frequent, when, besides compensation to the person injured, they were +exposed to this additional penalty [q]. +[FN [q] Besides paying money to the relations of the deceased, and to +the king, the murderer was also obliged to pay the master of a slave +or vassal a sum as a compensation for his loss. This was called the +MANBOTE. See Spell. Gloss. in verb. FREDUM, MANBOT.] + +This short abstract contains the history of the criminal jurisprudence +of the northern nations for several centuries. The state of England +in this particular, during the period of the Anglo-Saxons, may be +judged of by the collection of ancient laws, published by Lambard and +Wilkins. The chief purport of these laws is not to prevent or +entirely suppress private quarrels, which the legislature knew to be +impossible, but only to regulate and moderate them. The laws of +Alfred enjoin, that if any one know that his enemy or aggressor, after +doing him an injury, resolves to keep within his own house, AND HIS +OWN LANDS [r], he shall not fight him till he require compensation for +the injury. If he be strong enough to besiege him in his house, he +may do it for seven days without attacking him; and if the aggressor +be willing, during that time, to surrender himself and his arms, his +adversary may detain him thirty days; but is afterwards obliged to +restore him safe to his kindred, AND BE CONTENT WITH THE COMPENSATION. +If the criminal fly to the temple, that sanctuary must not be +violated. Where the assailant has not force sufficient to besiege the +criminal in his house, he must apply to the alderman for assistance; +and if the alderman refuse aid, the assailant must have recourse to +the king; and he is not allowed to assault the house till after this +supreme magistrate has refused assistance. If any one meet with his +enemy, and be ignorant that he was resolved to keep within his own +lands, he must, before he attack him, require him to surrender himself +prisoner, and deliver up his arms; in which case he may detain him +thirty days: but if he refuse to deliver up his arms, it is then +lawful to fight him. A slave may fight in his master's quarrel: a +father may fight in his son's with any one, except with his master +[s]. +[FN [r] The addition of these last words in Italics appears necessary +from what follows in the same law. [s] LL. Aelfr. Sec. 28 Wilkins, +p. 43.] + +It was enacted by King Ina, that no man should take revenge for an +injury till he had first demanded compensation, and had been refused +it [t]. +[FN [t] LL. Inae, Sec. 9.] + +King Edmond, in the preamble to his laws, mentions the general misery +occasioned by the multiplicity of private feuds and battles; and he +establishes several expedients for remedying this grievance. He +ordained that if any one commit murder, be may, with the assistance of +his kindred, pay within a twelvemonth the fine of his crime; and if +they abandon him, he shall alone sustain the deadly feud or quarrel +with the kindred of the murdered person: his own kindred are free from +the feud, but on condition that they neither converse with the +criminal, nor supply him with meat or OTHER NECESSARIES: if any of +them, after renouncing him, receive him into their house, OR GIVE HIM +ASSISTANCE, they are finable to the king, and are involved in the +feud. If the kindred of the murdered person take revenge on any but +the criminal himself, AFTER HE IS ABANDONED BY HIS KINDRED, all their +property is forfeited, and they are declared to be enemies to the king +and all his friends [u]. It is also ordained, that the fine for +murder shall never be remitted by the king [w]; and that no criminal +shall be killed who flies to the church, or any of the king’s towns +[x]; and the king himself declares, that his house shall give no +protection to murderers, till they have satisfied the church by their +penance, and the kindred of the deceased, by making compensation [y]. +The method appointed for transacting this composition is found in the +same law [z]. +[FN [u] LL. Edm. Sec. 1. Wilkins, p. 73. [w] LL. Edm. Sec. 3. [x] +Ibid. Sec. 2. [y] Ibid. Sec. 4. [z] Ibid Sec. 7.] + +These attempts of Edmond, to contract and diminish the feuds, were +contrary to the ancient spirit of the northern barbarians, and were a +step towards a more regular administration of justice. By the Salic +law, any man might, by a public declaration, exempt himself from his +family quarrels: but then he was considered by the law as no longer +belonging to the family; and he was deprived of all right of +succession, as the punishment of his cowardice [a]. +[FN [a] Tit. 63.] + +The price of the king's head, or his weregild, as it was then called, +was by law thirty thousand thrimsas, near thirteen hundred pounds of +present money. The price of the prince's head was fifteen thousand +thrimsas; that of a bishop's or alderman's, eight thousand; a +sheriff’s four thousand; a thane's or clergyman's, two thousand; a +ceorle's, two hundred and sixty-six. These prices were fixed by the +laws of the Angles. By the Mercian law, the price of a ceorle's head +was two hundred shillings; that of a thane's six times as much; that +of a king's six times more [b]. By the laws of Kent, the price of the +archbishop's head was higher than that of the king’s [c]. Such +respect was then paid to the ecclesiastics! It must be understood, +that where a person was unable or unwilling to pay the fine, he was +put out of the protection of law, and the kindred of the deceased had +liberty to punish him as they thought proper. +[FN [b] Wilkins, p. 71, 72. [c] LL. Elthredi, apud Wilkins, p. 110.] + +Some antiquarians [d] have thought, that these compensations were only +given for manslaughter, not for wilful murder: but no such distinction +appears in the laws; and it is contradicted by the practice of all the +other barbarous nations [e], by that of the ancient Germans [f], and +by that curious monument above mentioned, a Saxon antiquity, preserved +by Hickes. There is indeed a law of Alfred's, which makes wilful +murder capital [g]; but this seems only to have been an attempt of +that great legislator towards establishing a better police in the +kingdom, and it probably remained without execution. By the laws of +the same prince, a conspiracy against the life of the king might be +redeemed by a fine [h]. +[FN [d] Tyrrel, Introduction, vol. i. p.126. Carte, vol. i. p. 366. +[e] Lindenbrogius, passim. [f] Tac. de Mor. Germ. [g] LL. Aelf. Sec. +12. Wilkins, p. 29. It is probable that by wilful murder Alfred +means a treacherous murder, committed by one who had no declared feud +with another. [h] LL. Aelf. Sec. 4 Wilkins, p. 35.] + +The price of all kinds of wounds was likewise fixed by the Saxon laws: +a wound of an inch long under the hair, was paid with one shilling; +one of a like size in the face, two shillings: thirty shillings for +the loss of an ear, and so forth [i]. There seems not to have been +any difference made, according to the dignity of the person. By the +laws of Ethelbert, any one who committed adultery with his neighbour's +wife, was obliged to pay him a fine, and buy him another wife [k]. +[FN [i] LL. Elf. Sec. 40. See also, LL. Ethelb. Sec. 34, &c. [k] LL. +Ethelb. Sec. 32.] + +These institutions are not peculiar to the ancient Germans. They seem +to be the necessary progress of criminal jurisprudence among every +free people, where the will of the sovereign is not implicitly obeyed. +We find them among the ancient Greeks during the time of the Trojan +war. Compositions for murder are mentioned in Nestor's speech to +Achilles in the ninth Iliad and are called APOINAI. The Irish, who +never had any connexions with the German nations, adopted the same +practice till very lately; and the price of a man's head was called +among them his ERIC; as we learn from Sir John Davis. The same custom +seems also to have prevailed among the Jews [l]. +[FN [l] Exod. cap. xxi. 29, 30.] + +Theft and robbery were frequent among the Anglo-Saxons. In order to +impose some check upon these crimes, it was ordained, that no man +should sell or buy any thing above twenty-pence value, except in open +market [m]; and every bargain of sale must be executed before +witnesses [n]. Gangs of robbers much disturbed the peace of the +country; and the law determined, that a tribe of banditti, consisting +of between seven and thirty-five persons, was to be called a TURMA, or +troop: any greater company was denominated an army [o]. The +punishments for this crime were various, but none of them capital [p]. +If any man could track his stolen cattle into another's ground, the +latter was obliged to show the tracks out of it, or pay their value +[q]. +[FN [m] LL. Aethelst. Sec. 12. [n] Ibid. Sec. 10, 12. LL. Edg. apud +Wilkins, p. 80. LL. Ethelredi, Sec. 4 apud Wilkins, p. 103. Hloth. +and Eadm. Sec. 16. LL. Canut. Sec. 22. [o] LL. Inae, Sec. 12. [p] +LL. Inae, Sec. 37. [q] LL. Aethelst. Sec. 2. Wilkins, p. 63.] + +Rebellion, to whatever excess it was carried, was not capital, but +might be redeemed by a sum of money [r]. The legislators, knowing it +impossible to prevent all disorders, only imposed a higher fine on +breaches of the peace committed in the king's court, or before an +alderman or bishop. An alehouse too seems to have been considered as +a privileged place; and any quarrels that arose there were more +severely punished than elsewhere [s]. +[FN [r] LL. Ethelredi, apud Wilkins, p. 110. LL. Aelf. Sec. 4. +Wilkins, p. 35. [s] LL. Hloth. and Eadm. Sec. 12, 13. LL. Ethelr. +apud Wilkins, p. 117.] + +[MN Rules of proof.] +If the manner of punishing crimes among the Anglo-Saxons appear +singular, the proofs were not less so; and were also the natural +result of the situation of the people. Whatever we may imagine +concerning the usual truth and sincerity of men who live in a rude and +barbarous state, there is much more falsehood, and even perjury among +them, than among civilized nations; virtue which is nothing but a more +enlarged and more cultivated reason, never flourishes to any degree, +nor is founded on steady principles of honour, except where a good +education becomes general; and where men are taught the pernicious +consequences of vice, treachery, and immorality. Even superstition, +though more prevalent among ignorant nations, is but a poor supply for +the defects in knowledge and education: our European ancestors, who +employed every moment the expedient of swearing on extraordinary +crosses and relics, were less honourable in all engagements than their +posterity, who, from experience, have omitted those ineffectual +securities. This general proneness to perjury was much increased by +the usual want of discernment in judges, who could not discuss an +intricate evidence, and were obliged to number, not weigh, the +testimony of the witnesses [t]. Hence the ridiculous practice of +obliging men to bring compurgators, who, as they did not pretend to +know any thing of the fact, expressed upon oath, that they believed +the person spoke true; and these compurgators were in some cases +multiplied to the number of three hundred [u]. The practice also of +single combat was employed by most nations on the continent as a +remedy against false evidence [w]; and though it was frequently +dropped, from the opposition of the clergy, it was continually revived +from experience of the falsehood attending the testimony of witnesses +[x]. It became at last a species of jurisprudence: the cases were +determined by law, in which the party might challenge his adversary, +or the witnesses, or the judge himself [y]: and though these customs +were absurd, they were rather an improvement on the methods of trial +which had formerly been practised among those barbarous nations, and +which still prevailed among the Anglo-Saxons. +[FN [t] Sometimes the laws fixed easy general rules for weighing the +credibility of witnesses. A man whose life was estimated at 120 +shillings, counterbalanced six ceorles, each of whose lives was only +valued at 20 shillings, and his oath was deemed equivalent to that of +all the six. See Wilkins, p. 72. [u] Praef. Nicol. ad Wilkins, p 11. +[w] LL. Burgund. cap. 45. LL. Lomb. lib. 2. tit. 55, cap. 34. [x] +LL. Longob. lib. 2. tit. 55. cap. 23. apud Landenb. p. 661. [y] See +Desfontaines and Beaumanoir.] + +When any controversy about a fact became too intricate for those +ignorant judges to unravel, they had recourse to what they called the +judgment of God; that is, to fortune: their methods of consulting this +oracle were various. One of them was the decision of the CROSS: it +was practised in this manner: when a person was accused of any crime, +he first cleared himself by oath, and he was attended by eleven +compurgators. He next took two pieces of wood, one of which was +marked with the sign of the cross, and wrapping both up in wool, he +placed them on the altar, or on some celebrated relic. After solemn +prayers for the success of the experiment, a priest, or, in his stead, +some unexperienced youth, took up one of the pieces of wood, and if he +happened upon that which was marked with the figure of the cross, the +person was pronounced innocent; if otherwise, guilty [z]. This +practice, as it arose from superstition, was abolished by it in +France. The emperor, Lewis the Debonnaire, prohibited that method of +trial, not because it was uncertain, but lest that sacred figure, says +he, of the cross should be prostituted in common disputes and +controversies [a]. +[FN [z] LL. Frison. tit. 14. apud Lindenbrogium, p. 496. [a] Du +Cange, in verb. CRUX.] + +The ordeal was another established method of trial among the Anglo- +Saxons. It was practised either by boiling water or red-hot iron. +The former was appropriated to the common people; the latter to the +nobility. The water or iron was consecrated by many prayers, masses, +fastings, and exorcisms [b]; after which the person accused either +took up a stone sunk in the water [c] to a certain depth, or carried +the iron to a certain distance; and his hand being wrapped up, and the +covering sealed for three days, if there appeared, on examining it, no +marks of burning, he was pronounced innocent; if otherwise, guilty +[d]. The trial by cold water was different: the person was thrown +into consecrated water; if he swam, he was guilty; if he sunk, +innocent [e]. It is difficult for us to conceive how any innocent +person could ever escape by the one trial, or any criminal be +convicted by the other. But there was another usage admirably +calculated for allowing every criminal to escape who had confidence +enough to try it. A consecrated cake, called a corsned, was produced; +which if the person could swallow and digest he was pronounced +innocent [f]. +[FN [b] Spellm. in verb. ORDEAL. Parker, p. 155. Lindenbrog. p 1299. +[c] LL. Inae, Sec. 77. [d] Sometimes the person accused walked +barefoot over red-hot iron. [e] Spellm. in verb. ORDEALIUM. [f] +Spellm. in verb. CORSNED Parker, p. 156. Text. Roffens. p. 33.] + +[MN Military force.] +The feudal law, if it had place at all among the Anglo-Saxons, which +is doubtful, was not certainly extended over all the landed property, +and was not attended with those consequences of homage, reliefs [g], +wardship, marriage, and other burdens, which were inseparable from it +in the kingdoms of the continent. As the Saxons expelled, or almost +entirely destroyed, the ancient Britons, they planted themselves in +this island on the same footing with their ancestors in Germany, and +found no occasion for the feudal institutions [h], which were +calculated to maintain a kind of standing army, always in readiness to +suppress any insurrection among the conquered people. The trouble and +expense of defending the state in England lay equally upon all the +land; and it was usual for every five hides to equip a man for the +service. The TRINODA NECESSITAS, as it was called, or the burden of +military expeditions, of repairing highways, and of building and +supporting bridges, was inseparable from landed property, even though +it belonged to the church or monasteries, unless exempted by a +particular charter [i]. The ceorles or husbandmen were provided with +arms, and were obliged to take their turn in military duty [k]. There +were computed to be two hundred and forty-three thousand six hundred +hides in England [l]; consequently, the ordinary military force of the +kingdom consisted of forty-eight thousand seven hundred and twenty +men; though, no doubt, on extraordinary occasions, a greater number +might be assembled. The king and nobility had some military tenants, +who were called Sithcun-men [m]. And there were some lands annexed to +the office of alderman, and to other offices; but these probably were +not of great extent, and were possessed only during pleasure, as in +the commencement of the feudal law in other countries of Europe. +[FN [g] On the death of an alderman, a greater or lesser thane, there +was a payment made to the king of his best arms; and this was called +his heriot: but this was not of the nature of a relief. See Spellm. +of Tenures, p. 2. The value of this heriot fixed by Canute's laws, +Sec. 69. [h] Bracton de Acqu. rer. domin. lib. 2. cap. 16. See more +fully Spellman of Feuds and Tenures, and Craigius de jure feud. lib. +1. dieg. 7. [i] Spellm. Conc. vol. i. p. 256. [k] Inae, Sec. 51. +[l] Spellm. of Feuds and Tenures, p. 17. [m] Spellm. Conc. vol. i. p. +195.] + +[MN Public revenue.] +The revenue of the king seems to have consisted chiefly in his +demesnes, which were large; and in the tolls and imposts which he +probably levied at discretion on the boroughs and seaports that lay +within his demesnes. He could not alienate any part of the crown +lands, even to religious uses, without the consent of the states [n]. +Danegelt was a land-tax of a shilling a hide, imposed by the states +[o], either for payment of the sums exacted by the Danes, or for +putting the kingdom in a posture of defence against those invaders +[p]. +[FN [n] Spellm. Conc. vol. i. p. 340. [o] Chron. Sax p. 128. [p] LL. +Edw. Con. Sec. 12.] + +[MN Value of money.] +The Saxon pound, as likewise that which was coined for some centuries +after the Conquest, was near three times the weight of our present +money: there were forty-eight shillings in the pound, and five pence +in a shilling [q]; consequently, a Saxon shilling was near a fifth +heavier than ours, and a Saxon penny near three times as heavy [r]. +As to the value of money in those times, compared to commodities, +there are some, though not very certain, means of computation. A +sheep, by the laws of Athelstan, was estimated at a shilling; that is, +fifteen pence of our money. The fleece was two fifths of the value of +the whole sheep [s]; much above its present estimation; and the reason +probably was, that the Saxons, like the ancients, were little +acquainted with any clothing but what was made of wool. Silk and +cotton were quite unknown: linen was not much used. An ox was +computed at six times the value of a sheep; a cow at four [t]. If we +suppose that the cattle in that age, from the defects in husbandry, +were not so large as they are at present in England, we may compute +that money was then near ten times of greater value. A horse was +valued at about thirty-six shillings of our money, or thirty Saxon +shillings [u]; a mare a third less A man at three pounds [w]. The +board wages of a child the first year was eight shillings, together +with a cow's pasture in summer, and an ox's in winter [x]. William of +Malmesbury mentions it as a remarkably high price, that William Rufus +gave fifteen marks for a horse, or about thirty pounds of our present +money [y]. Between the years 900 and 1000, Ednoth bought a hide of +land for about a hundred and eighteen shillings of our present money +[z]. This was little more than a shilling an acre, which indeed +appears to have been the usual price, as we may learn from other +accounts [a]. A palfrey was sold for twelve shillings about the year +966 [b]. The value of an ox in King Ethelred's time was between seven +and eight shillings; a cow about six shillings [c]. Gervas of Tilbury +says, that in Henry I.'s time, bread which would suffice a hundred men +for a day was rated at three shillings, or a shilling of that age; for +it is thought that, soon after the Conquest, a pound sterling was +divided into twenty shillings: a sheep was rated at a shilling; and so +of other things in proportion. In Athelstan's time a ram was valued +at a shilling, or four pence Saxon [d]. The tenants of Shireburn were +obliged, at their choice, to pay either sixpence or four hens [e]. +About 1232, the Abbot of St. Alban's going on a journey, hired seven +handsome stout horses; and agreed, if any of them died on the road, to +pay the owner thirty shillings a-piece of our present money [f]. It +is to be remarked, that in all ancient times the raising of corn, +especially wheat, being a species of manufactory, that commodity +always bore a higher price, compared to cattle, than it does in our +times [g]. The Saxon Chronicle tells us [h], that in the reign of +Edward the Confessor, there was the most terrible famine ever known; +insomuch that a quarter of wheat rose to sixty pennies, or fifteen +shillings of our present money. Consequently it was as dear as if it +now cost seven pounds ten shillings. This much exceeds the great +famine in the end of Queen Elizabeth, when a quarter of wheat was sold +for four pounds. Money in this last period was nearly of the same +value as in our time. These severe famines are a certain proof of bad +husbandry. +[FN [q] LL. Aelf. Sec. 40. [r] Fleetwood’s Chron. Pretiosum, p. 27, +28, &c. [s] LL. Inae, Sec. 69. [t] Wilkins, p 66. [u] Ibid. p. 126. +[w] Ibid. [x] LL. Inae, Sec. 38. [y] p. 121. [z] Hist. Rames, p. +415. [a] Hist. Eliens. p. 473. [b] Ibid. p. 471. [c] Wilkins, p. +126. [d] Ibid. p. 56. [e] Monast. Anglic. vol. ii. p. 528. [f] Mat. +Paris. [g] Fleetwood, p. 83, 94, 96, 98. [h] p. 157.] + +On the whole, there are three things to be considered, wherever a sum +of money is mentioned in ancient times. First, the change of +denomination, by which a pound has been reduced to the third part of +its ancient weight in silver. Secondly, the change in value by the +greater plenty of money, which has reduced the same weight of silver +to ten times less value compared to commodities; and consequently a +pound sterling to the thirtieth part of the ancient value. Thirdly, +the fewer people and less industry, which were then to be found in +every European kingdom. This circumstance made even the thirtieth +part of the sum more difficult to levy, and caused any sum to have +more than thirty times greater weight and influence, both abroad and +at home, than in our times; in the same manner that a sum, a hundred +thousand pounds, for instance, is at present more difficult to levy in +a small state, such as Bavaria, and can produce greater effects on +such a small community, than on England. This last difference is not +easy to be calculated: but allowing that England has now six times +more industry, and three times more people than it had at the +Conquest, and for some reigns after that period, we are upon that +supposition to conceive, taking all circumstances together, every sum +of money mentioned by historians, as if it were multiplied more than a +hundredfold above a sum of the same denomination at present. + +In the Saxon times, land was divided equally among all the male +children of the deceased, according to the custom of Gavelkind. The +practice of entails is to be found in those times [i]. Land was +chiefly of two kinds, bockland, or land held by book or charter, which +was regarded as full property, and descended to the heirs of the +possessor; and folkland, or the land held by the ceorles and common +people, who were removable at pleasure, and were indeed only tenants +during the will of their lords. +[FN [i] LL Aelf. Sec. 37, apud Wilkins, p. 43.] + +The first attempt which we find in England to separate the +ecclesiastical from the civil jurisdiction, was that law of Edgar, by +which all disputes among the clergy were ordered to be carried before +the bishop [k]. The penances were then very severe; but as a man +could buy them off with money, or might substitute others to perform +them, they lay easy upon the rich [l]. +[FN [k] Wilkins, p. 83. [l] Wilkins, p. 96, 97. Spellm. Conc. p. +473.] + +[MN Manners.] +With regard to the manners of the Anglo-Saxons we can say little, but +that they were in general a rude uncultivated people, ignorant of +letters, unskilled in the mechanical arts, untamed to submission under +law and government, addicted to intemperance, riot, and disorder. +Their best quality was their military courage, which yet was not +supported by discipline or conduct. Their want of fidelity to the +prince, or to any trust reposed in them, appears strongly in the +history of their later period; and their want of humanity in all their +history. Even the Norman historians, notwithstanding the low state of +the arts in their own country, speak of them as barbarians, when they +mention the invasion made upon them by the Duke of Normandy [m]. The +Conquest put the people in a situation of receiving slowly, from +abroad, the rudiments of science and cultivation, and of correcting +their rough and licentious manners. +[FN [m] Gul. Pict. p. 202.] + + + + +CHAPTER IV. + +CONSEQUENCES OF THE BATTLE OF HASTINGS.--SUBMISSION OF THE ENGLISH.-- +SETTLEMENT OF THE GOVERNMENT.--KING'S RETURN TO NORMANDY.--DISCONTENTS +OF THE ENGLISH.--THEIR INSURRECTIONS.--RIGOURS OF THE NORMAN +GOVERNMENT.--NEW INSURRECTIONS.--NEW RIGOURS OF THE GOVERNMENT.-- +INTRODUCTION OF THE FEUDAL LAW.--INNOVATION IN ECCLESIASTICAL +GOVERNMENT.--INSURRECTION OF THE NORMAN BARONS.--DISPUTE ABOUT +INVESTITURES.--REVOLT OF PRINCE ROBERT.--DOMESDAY-BOOK.--THE NEW +FOREST.--WAR WITH FRANCE.--DEATH AND CHARACTER OF WILLIAM THE +CONQUEROR. + + + +[MN 1066. Consequences of the battle of Hastings.] +Nothing could exceed the consternation which seized the English, when +they received intelligence of the unfortunate battle of Hastings, the +death of their king, the slaughter of their principal nobility and of +their bravest warriors, and the rout and dispersion of the remainder. +But though the loss which they had sustained in that fatal action was +considerable, it might have been repaired by a great nation; where the +people were generally armed, and where there resided so many powerful +noblemen in every province, who could have assembled their retainers, +and have obliged the Duke of Normandy to divide his army, and probably +to waste it in a variety of actions and rencounters. It was thus that +the kingdom had formerly resisted, for many years, its invaders, and +had been gradually subdued, by the continued efforts of the Romans, +Saxons, and Danes; and equal difficulties might have been apprehended +by William in this bold and hazardous enterprise. But there were +several vices in the Anglo-Saxon constitution, which rendered it +difficult for the English to defend their liberties in so critical an +emergency. The people had in a great measure lost all national pride +and spirit, by their recent and long subjection to the Danes; and as +Canute had, in the course of his administration, much abated the +rigours of conquest, and had governed them equitably by their own +laws, they regarded with the less terror the ignominy of a foreign +yoke, and deemed the inconveniences of submission less formidable than +those of bloodshed, war, and resistance. Their attachment also to the +ancient royal family had been much weakened by their habits of +submission to the Danish princes, and by their late election of +Harold, or their acquiescence in his usurpation. And as they had long +been accustomed to regard Edgar Atheling, the only heir of the Saxon +line, as unfit to govern them even in times of order and tranquillity, +they could entertain small hopes of his being able to repair such +great losses as they had sustained, or to withstand the victorious +arms of the Duke of Normandy. + +That they might not, however, be altogether wanting to themselves in +this extreme necessity, the English took some steps towards adjusting +their disjointed government, and uniting themselves against the common +enemy. The two potent earls, Edwin and Morcar, who had fled to London +with the remains of the broken army, took the lead on this occasion: +in concert with Stigand, Archbishop of Canterbury, a man possessed of +great authority and of ample revenues, they proclaimed Edgar, and +endeavoured to put the people in a posture of defence, and encouraged +them to resist the Normans [a]. But the terror of the late defeat, +and the near neighbourhood of the invaders, increased the confusion +inseparable from great revolutions: and every resolution proposed was +hasty, fluctuating, tumultuary; disconcerted by fear or faction, +ill-planned, and worse executed. +[FN [a] Gul. Pictav. p. 205. Order. Vitalis, p. 502. Hoveden, p. +449. Knyghton, p. 2343.] + +William, that his enemies might have no leisure to recover from their +consternation, or unite their councils, immediately put himself in +motion after his victory, and resolved to prosecute an enterprise +which nothing but celerity and vigour could render finally successful. +His first attempt was against Romney, whose inhabitants he severely +punished, on account of their cruel treatment of some Norman seamen +and soldiers, who had been carried thither by stress of weather, or by +a mistake in their course [b]; and foreseeing that his conquest of +England might still be attended with many difficulties and with much +opposition, he deemed it necessary, before he should advance farther +into the country, to make himself master of Dover, which would both +secure him a retreat in case of adverse fortune, and afford him a safe +landing-place for such supplies as might be requisite for pushing his +advantages. The terror diffused by his victory at Hastings was so +great, that the garrison of Dover, though numerous and well provided, +immediately capitulated; and as the Normans, rushing in to take +possession of the town, hastily set fire to some of the houses, +William, desirous to conciliate the minds of the English by an +appearance of lenity and justice, made compensation to the inhabitants +for their losses [c]. +[FN [b] Gul. Pictav. p. 204. [c] Gul. Pictav. p. 204.] + +The Norman army, being much distressed with a dysentery, was obliged +to remain here eight days, but the duke, on their recovery, advanced +with quick marches towards London, and by his approach increased the +confusions which were already so prevalent in the English councils. +The ecclesiastics in particular, whose influence was great over the +people, began to declare in his favour; and as most of the bishops and +dignified clergymen were even then Frenchmen or Normans, the pope’s +bull, by which his enterprise was avowed and hallowed, was now openly +insisted on as a reason for general submission. The superior learning +of those prelates, which, during the Confessor's reign, had raised +them above the ignorant Saxons, made their opinions be received with +implicit faith; and a young prince, like Edgar, whose capacity was +deemed so mean, was but ill qualified to resist the impression which +they made on the minds of the people. A repulse which a body of +Londoners received from five hundred Norman horse, renewed in the city +the terror of the great defeat at Hastings; the easy submission of all +the inhabitants of Kent was an additional discouragement to them; the +burning of Southwark before their eyes made them dread a like fate to +their own city; and no man any longer entertained thoughts but of +immediate safety and of self-preservation. Even the Earls Edwin and +Morcar, in despair of making effectual resistance, retired with their +troops to their own provinces; and the people thenceforth disposed +themselves unanimously to yield to the victor. As soon as he passed +the Thames at Wallingford, and reached Berkhamstead, Stigand, the +primate, made submissions to him: before he came within sight of the +city, all the chief nobility, and Edgar Atheling himself, the new- +elected king, came into his camp, and declared their intention of +yielding to his authority [d]. They requested him to mount their +throne, which they now considered as vacant; and declared to him, that +as they had always been ruled by regal power, they desired to follow, +in this particular, the example of their ancestors, and knew of no one +more worthy than himself to hold the reins of government [e]. +[FN [d] Hoveden, p. 450. Flor. Wigorn. p. 634. [e] Gul. Pict. p. +205. Ord. Vital. p. 503.] + +Though this was the great object to which the duke's enterprise +tended, he feigned to deliberate on the offer; and being desirous at +first of preserving the appearance of a legal administration, he +wished to obtain a more explicit and formal consent of the English +nation [f]: but Almar, of Aquitain, a man equally respected for valour +in the field and for prudence in council, remonstrating with him on +the danger of delay in so critical a conjuncture, he laid aside all +farther scruples, and accepted of the crown which was tendered him. +Orders were immediately issued to prepare every thing for the ceremony +of his coronation; but as he was yet afraid to place entire confidence +in the Londoners, who were numerous and warlike, he meanwhile +commanded fortresses to be erected, in order to curb the inhabitants, +and to secure his person and government [g]. +[FN [f] Gul. Pictav. p. 205. [g] Ibid.] + +Stigand was not much in the duke’s favour, both because he had +intruded into the see on the expulsion of Robert the Norman, and +because he possessed such influence and authority over the English +[h], as might be dangerous to a new-established monarch. William, +therefore, pretending that the primate had obtained his pall in an +irregular manner from Pope Benedict IX., who was himself an usurper, +refused to be consecrated by him, and conferred this honour on Aldred, +Archbishop of York. Westminster Abbey was the place appointed for +that magnificent ceremony; the most considerable of the nobility, both +English and Norman, attended the duke on this occasion: [MN 1066. +Dec.] Aldred, in a short speech, asked the former whether they agreed +to accept of William as their king: the Bishop of Coutance put the +same question to the latter; and both being answered with acclamations +[i], Aldred administered to the duke the usual coronation oath, by +which he bound himself to protect the church, to administer justice, +and to repress violence: he then anointed him, and put the crown upon +his head [k]. There appeared nothing but joy in the countenances of +the spectators: but in that very moment there burst forth the +strongest symptoms of the jealousy and animosity which prevailed +between the nations, and which continually increased during the reign +of this prince. The Norman soldiers, who were placed without, in +order to guard the church, hearing the shouts within, fancied that the +English were offering violence to their duke; and they immediately +assaulted the populace, and set fire to the neighbouring houses. The +alarm was conveyed to the nobility who surrounded the prince; both +English and Normans, full of apprehensions, rushed out to secure +themselves from the present danger; and it was with difficulty that +William himself was able to appease the tumult [l]. +[FN [h] Eadmer, p. 6. [i] Order. Vital. p. 503. [k] Malmesbury, p. +271, says, that he also promised to govern the Normans and English by +equal laws; and this addition to the usual oath seems not improbable, +considering the circumstances of the times. [l] Gul. Pict. p. 206. +Order. Vitalis, p. 503.] + +[MN 1067. Settlement of the government.] +The king, thus possessed of the throne by a pretended destination of +King Edward, and by an irregular election of the people, but still +more by force of arms, retired from London to Berking, in Essex, and +there received the submissions of all the nobility who had not +attended his coronation. Edric, surnamed the Forester, grand-nephew +to that Edric, so noted for his repeated acts of perfidy during the +reigns of Ethelred and Edmond; Earl Coxo, a man famous for bravery; +even Edwin and Morcar, Earls of Mercia and Northumberland, with the +other principal noblemen of England, came and swore fealty to him; +were received into favour, and were confirmed in the possession of +their estates and dignities [m]. Every thing bore the appearance of +peace and tranquillity; and William had no other occupation than to +give contentment to the foreigners who had assisted him to mount the +throne, and to his new subjects, who had so readily submitted to him. +[FN [m] Gul. Pict. p. 208. Order. Vitalis, p. 506.] + +He had got possession of the treasure of Harold, which was +considerable; and being also supplied with rich presents from the +opulent men in all parts of England, who were solicitous to gain the +favour of their new sovereign, he distributed great sums among his +troops, and by this liberality gave them hopes of obtaining at length +those more durable establishments which they had expected from his +enterprise [n]. The ecclesiastics, both at home and abroad, had much +forwarded his success, and he failed not, in return, to express his +gratitude and devotion in the manner which was most acceptable to +them: he sent Harold's standard to the pope, accompanied with many +valuable presents: all the considerable monasteries and churches in +France, where prayers had been put up for his success, now tasted of +his bounty [o]: the English monks found him well disposed to favour +their order; and be built a new convent near Hastings, which he called +BATTLE ABBEY, and which, on pretence of supporting monks to pray for +his own soul, and for that of Harold, served as a lasting memorial of +his victory [p]. +[FN [n] Gul. Pict. p. 206. [o] Ibid. [p] Gul. Gemet. p. 288. Chron. +Sax. p. 189. M. West. p. 226. M. Paris p. 9. Diceto, p. 482. This +convent was freed by him from all episcopal jurisdiction. Monast. +Ang. tom. i. p. 311, 312.] + +He introduced into England that strict execution of justice for which +his administration had been much celebrated in Normandy; and even +during this violent revolution, every disorder or oppression met with +rigorous punishment [q]. His army, in particular, was governed with +severe discipline; and, notwithstanding the insolence of victory, care +was taken to give as little offence as possible to the jealousy of the +vanquished. The king appeared solicitous to unite, in an amicable +manner, the Normans and the English, by intermarriages and alliances, +and all his new subjects who approached his person were received with +affability and regard. No signs of suspicion appeared, not even +towards Edgar Atheling, the heir of the ancient royal family, whom +William confirmed in the honours of Earl of Oxford, conferred on him +by Harold, and whom he affected to treat with the highest kindness, as +nephew to the Confessor, his great friend and benefactor. Though he +confiscated the estates of Harold, and of those who had fought in the +battle of Hastings on the side of that prince, whom he represented as +an usurper, he seemed willing to admit of every plausible excuse for +past opposition to his pretensions, and he received many into favour +who had carried arms against him. He confirmed the liberties and +immunities of London and the other cities of England, and appeared +desirous of replacing every thing on ancient establishments. In his +whole administration he bore the semblance of the lawful prince, not +of the conqueror; and the English began to flatter themselves that +they had changed, not the form of their government, but the succession +only of their sovereigns, a matter which gave them small concern. The +better to reconcile his new subjects to his authority, William made a +progress through some parts of England; and besides a splendid court +and majestic presence, which overawed the people, already struck with +his military fame, the appearance of his clemency and justice gained +the approbation of the wise, attentive to the first steps of their new +sovereign. +[FN [q] Gul. Pict. p. 208. Order. Vital. p. 506.] + +But amidst this confidence and friendship which he expressed for the +English, the king took care to place all real power in the hands of +his Normans, and still to keep possession of the sword, to which he +was sensible he had owed his advancement to sovereign authority. He +disarmed the city of London and other places, which appeared most +warlike and populous; and building citadels in that capital, as well +as in Winchester, Hereford, and the cities best situated for +commanding the kingdom, he quartered Norman soldiers in all of them, +and left no where any power able to resist or oppose him. He bestowed +the forfeited estates on the most eminent of his captains, and +established funds for the payment of his soldiers. And thus, while +his civil administration carried the face of a legal magistrate, his +military institutions were those of a master and tyrant; at least of +one who reserved to himself; whenever he pleased, the power of +assuming that character. + +[MN 1067. King’s return to Normandy.] +By this mixture, however, of vigour and lenity, he had so soothed the +minds of the English, that he thought he might safely revisit his +native country, and enjoy the triumph and congratulation of his +ancient subjects. He left the administration in the hands of his +uterine brother, Odo, Bishop of Baieux, and of William Fitz-Osberne. +[MN March.] That their authority might be exposed to less danger, he +carried over with him all the most considerable nobility of England, +who, while they served to grace his court by their presence and +magnificent retinues, were in reality hostages for the fidelity of the +nation. Among these were Edgar Atheling, Stigand the Primate, the +Earls Edwin and Morcar, Waltheof, the son of the brave Earl Siward, +with others eminent for the greatness of their fortunes and families, +or for their ecclesiastical and civil dignities. He was visited at +the abbey of Fescamp, where he resided, during some time, by Rodulph, +uncle to the King of France, and by many powerful princes and nobles, +who, having contributed to his enterprise, were desirous of +participating in the joy and advantages of its success. His English +courtiers, willing to ingratiate themselves with their new sovereign, +outvied each other in equipages and entertainments; and made a display +of riches which struck the foreigners with astonishment. William of +Poictiers, a Norman historian [r], who was present, speaks with +admiration of the beauty of their persons, the size and workmanship of +their silver plate, the costliness of their embroideries, an art in +which the English then excelled; and he expresses himself in such +terms as tend much to exalt our idea of the opulence and cultivation +of the people [s]. But though every thing bore the face of joy and +festivity, and William himself treated his new courtiers with great +appearance of kindness, it was impossible altogether to prevent the +insolence of the Normans; and the English nobles derived little +satisfaction from those entertainments, where they considered +themselves as led in triumph by their ostentatious conqueror. +[FN [r] P. 211, 212. [s] As the historian chiefly insists on the +silver plate, his panegyric on the English magnificence shows only how +incompetent a judge he was of the matter. Silver was then of ten +times the value, and was more than twenty times more rare than at +present; and consequently, of all species of luxury, plate must have +been the rarest.] + +[MN 1067. Discontents of the English.] +In England affairs took still a worse turn during the absence of the +sovereign. Discontents and complaints multiplied every where; secret +conspiracies were entered into against the government; hostilities +were already begun in many places; and every thing seemed to menace a +revolution, as rapid as that which had placed William on the throne. +The historian above-mentioned, who is a panegyrist of his master, +throws the blame entirely on the fickle and mutinous disposition of +the English, and highly celebrates the justice and lenity of Odo's and +Fitz-Osberne's administration [t]. But other historians, with more +probability, impute the cause chiefly to the Normans, who, despising a +people that had so easily submitted to the yoke, envying their riches, +and grudging the restraints imposed upon their own rapine, were +desirous of provoking them to a rebellion, by which they expected to +acquire new confiscations and forfeitures, and to gratify those +unbounded hopes which they had formed in entering on this enterprise +[u]. +[FN [t] P. 212. [u] Order. Vital. p. 507.] + +It is evident that the chief reason of this alteration in the +sentiments of the English must be ascribed to the departure of +William, who was alone able to curb the violence of his captains and +to overawe the mutinies of the people. Nothing indeed appears more +strange, than that this prince, in less than three months after the +conquest of a great, warlike, and turbulent nation, should absent +himself in order to revisit his own country, which remained in +profound tranquillity, and was not menaced by any of its neighbours; +and should so long leave his jealous subjects at the mercy of an +insolent and licentious army. Were we not assured of the solidity of +his genius, and the good sense displayed in all other circumstances of +his conduct, we might ascribe this measure to a vain ostentation, +which rendered him impatient to display his pomp and magnificence +among his ancient subjects. It is therefore more natural to believe, +that in so extraordinary a step he was guided by a concealed policy, +and that, though he had thought proper at first to allure the people +to submission by the semblance of a legal administration, he found +that he could neither satisfy his rapacious captains, nor secure his +unstable government without farther exerting the rights of conquest, +and seizing the possessions of the English. In order to have a +pretext for this violence, he endeavoured, without discovering his +intentions, to provoke and allure them into insurrections, which, he +thought, could never prove dangerous, while he detained all the +principal nobility in Normandy, while a great and victorious army was +quartered in England, and while he himself was so near to suppress any +tumult or rebellion. But as no ancient writer has ascribed this +tyrannical purpose to William, it scarcely seems allowable, from +conjecture alone, to throw such an imputation upon him. + +[MN Their insurrections.] +But whether we are to account for that measure from the king's vanity +or from his policy, it was the immediate cause of all the calamities +which the English endured during this and the subsequent reigns, and +gave rise to those mutual jealousies and animosities between them and +the Normans, which were never appeased till a long tract of time had +gradually united the two nations, and made them one people. The +inhabitants of Kent, who had first submitted to the conqueror, were +the first that attempted to throw off the yoke; and in confederacy +with Eustace, Count of Boulogne, who had also been disgusted by the +Normans, they made an attempt, though without success, on the garrison +of Dover [w]. Edric the Forester, whose possessions lay on the banks +of the Severn, being provoked at the depredations of some Norman +captains in his neighbourhood, formed an alliance with Blethyn and +Rowallan, two Welsh princes; and endeavoured, with their assistance, +to repel force by force [x]. But though these open hostilities were +not very considerable, the disaffection was general among the English, +who had become sensible, though too late, of their defenceless +condition, and began already to experience those insults and injuries +which a nation must always expect, that allows itself to be reduced to +that abject situation. A secret conspiracy was entered into to +perpetrate, in one day, a general massacre of the Normans, like that +which had formerly been executed upon the Danes; and the quarrel was +become so general and national, that the vassals of Earl Coxo, having +desired him to head them in an insurrection, and finding him resolute +in maintaining his fidelity to William, put him to death as a traitor +to his country. +[FN [w] Gul. Gemet. p. 289. Order. Vital. p. 508. Anglia Sacra, vol. +i. p. 245. [x] Hoveden, p. 450. M. West. p. 226. Sim. Dunelm. p. +197.] + +[MN Dec. 6.] +The king, informed of these dangerous discontents, hastened over to +England; and by his presence, and the vigorous measures which he +pursued, disconcerted all the schemes of the conspirators. Such of +them as had been more violent in their mutiny, betrayed their guilt by +flying or concealing themselves; and the confiscation of their +estates, while it increased the number of malecontents, both enabled +William to gratify farther the rapacity of his Norman captains, and +gave them the prospect of new forfeitures and attainders. The king +began to regard all his English subjects as inveterate and +irreclaimable enemies; and thenceforth either embraced, or was more +fully confirmed in the resolution of seizing their possessions, and of +reducing them to the most abject slavery. Though the natural violence +and severity of his temper made him incapable of feeling any remorse +in the execution of this tyrannical purpose, he had art enough to +conceal his intention, and to preserve still some appearance of +justice in his oppressions. He ordered all the English, who had been +arbitrarily expelled by the Normans during his absence, to be restored +to their estates [y]: but at the same time he imposed a general tax on +the people, that of Danegelt, which had been abolished by the +Confessor, and which had always been extremely odious to the nation +[z]. +[FN [y] Chron. Sax. p. 173. This fact is a full proof that the +Normans had committed great injustice, and were the real cause of the +insurrections of the English. [z] Hoveden, p. 450. Sim. Dunelm. p +197. Alur. Beverl. p. 127.] + +[MN 1068.] As the vigilance of William overawed the malecontents, +their insurrections were more the result of an impatient humour in the +people, than of any regular conspiracy which could give them a +rational hope of success against the established power of the Normans. +The inhabitants of Exeter, instigated by Githa, mother to King Harold, +refused to admit a Norman garrison, and betaking themselves to arms, +were strengthened by the accession of the neighbouring inhabitants of +Devonshire and Cornwall [a]. The king hastened with his forces to +chastise this revolt; and on his approach, the wiser and more +considerable citizens, sensible of the unequal contest, persuaded the +people to submit, and to deliver hostages for their obedience. A +sudden mutiny of the populace broke this agreement; and William, +appearing before the walls, ordered the eyes of one of the hostages to +be put out, as an earnest of that severity which the rebels must +expect if they persevered in their revolt [b]. The inhabitants were +anew seized with terror, and surrendering at discretion, threw +themselves at the king's feet, and supplicated his clemency and +forgiveness. William was not destitute of generosity, when his temper +was not hardened either by policy or passion: he was prevailed on to +pardon the rebels, and he set guards on all the gates, in order to +prevent the rapacity and insolence of his soldiery [c]. Githa escaped +with her treasures to Flanders. The malecontents of Cornwall imitated +the example of Exeter, and met with like treatment: and the king, +having built a citadel in that city, which he put under the command of +Baldwin, son of Earl Gilbert, returned to Winchester, and dispersed +his army into their quarters. He was here joined by his wife Matilda, +who had not before visited England, and whom he now ordered to be +crowned by Archbishop Aldred. Soon after she brought him an accession +to his family by the birth of a fourth son, whom he named Henry. His +three elder sons, Robert, Richard, and William, still resided in +Normandy. +[FN [a] Order. Vital. p. 510. [b] Ibid. [c] Ibid.] + +But though the king appeared thus fortunate, both in public and +domestic life, the discontents of his English subjects augmented +daily; and the injuries committed and suffered on both sides rendered +the quarrel between them and the Normans absolutely incurable. The +insolence of victorious masters, dispersed throughout the kingdom, +seemed intolerable to the natives; and wherever they found the +Normans, separate or assembled in small bodies, they secretly set upon +them, and gratified their vengeance by the slaughter of their enemies. +But an insurrection in the north drew thither the general attention, +and seemed to threaten more important consequences. Edwin and Morcar +appeared at the head of this rebellion; and these potent noblemen, +before they took arms, stipulated for foreign succours from their +nephew Blethyn, Prince of North Wales, from Malcolm, King of Scotland, +and from Sweyn, King of Denmark. Besides the general discontent which +had seized the English, the two earls were incited to this revolt by +private injuries. William, in order to ensure them to his interests, +had, on his accession, promised his daughter in marriage to Edwin; but +either he had never seriously intended to perform this engagement, or, +having changed his plan of administration in England from clemency to +rigour, he thought it was to little purpose, if he gained one family, +while he enraged the whole nation. When Edwin, therefore, renewed his +applications, be gave him an absolute denial [d]; and this +disappointment, added to so many other reasons of disgust, induced +that nobleman and his brother to concur with their incensed +countrymen, and to make one general effort for the recovery of their +ancient liberties. William knew the importance of celerity in +quelling an insurrection, supported by such powerful leaders, and so +agreeable to the wishes of the people, and having his troops always in +readiness, he advanced by great journeys to the north. On his march +he gave orders to fortify the castle of Warwick, of which he left +Henry de Beaumont governor, and that of Nottingham, which he committed +to the custody of William Peverell, another Norman captain [e]. He +reached York before the rebels were in any condition for resistance, +or were joined by any of the foreign succours which they expected, +except a small reinforcement from Wales [f]; and the two earls found +no means of safety, but having recourse to the clemency of the victor. +Archil, a potent nobleman in those parts, imitated their example and +delivered his son as a hostage for his fidelity [g]; nor were the +people, thus deserted by their leaders, able to make any farther +resistance. But the treatment which William gave the chiefs was very +different from that which fell to the share of their followers. He +observed religiously the terms which he had granted to the former, and +allowed them for the present to keep possession of their estates; but +he extended the rigours of his confiscations over the latter, and gave +away their lands to his foreign adventurers. These, planted +throughout the whole country, and in possession of the military power, +left Edwin and Morcar, whom he pretended to spare, destitute of all +support, and ready to fall, whenever he should think proper to command +their ruin. A peace which he made with Malcolm, who did him homage +for Cumberland, seemed at the same time to deprive them of all +prospect of foreign assistance [h]. +[FN [d] Order. Vital. p. 511. [e] Ibid. [f] Ibid. [g] Ibid. [h] +Order. Vital. p. 511.] + +[MN Rigours of the Norman government.] +The English were now sensible that their final destruction was +intended; and that instead of a sovereign, whom they had hoped to gain +by their submission, they had tamely surrendered themselves, without +resistance, to a tyrant and a conqueror. Though the early +confiscation of Harold's followers might seem iniquitous, being +inflicted on men who had never sworn fealty to the Duke of Normandy, +who were ignorant of his pretensions, and who only fought in defence +of the government which they themselves had established in their own +country; yet were these rigours, however contrary to the ancient Saxon +laws, excused on account of the urgent necessities of the prince; and +those who were not involved in the present ruin hoped that they should +thenceforth enjoy, without molestation, their possessions and their +dignities. But the successive destruction of so many other families +convinced them that the king intended to rely entirely on the support +and affections of foreigners; and they foresaw new forfeitures, +attainders, and acts of violence as the necessary result of this +destructive plan of administration. They observed that no Englishman +possessed his confidence, or was intrusted with any command or +authority; and that the strangers, whom a rigorous discipline could +have but ill restrained, were encouraged in their insolence and +tyranny against them. The easy submission of the kingdom on its first +invasion had exposed the natives to contempt; the subsequent proofs of +their animosity and resentment had made them the object of hatred; and +they were now deprived of every expedient by which they could hope to +make themselves either regarded or beloved by their sovereign. +Impressed with the sense of this dismal situation, many Englishmen +fled into foreign countries with an intention of passing their lives +abroad free from oppression, or of returning on a favourable +opportunity to assist their friends in the recovery of their native +liberties [i]. Edgar Atheling himself, dreading the insidious +caresses of William, was persuaded by Cospatric, a powerful +Northumbrian, to escape with him into Scotland; and he carried thither +his two sisters, Margaret and Christina. They were well received by +Malcolm, who soon after espoused Margaret, the elder sister; and +partly with a view of strengthening his kingdom by the accession of so +many strangers, partly in hopes of employing them against the growing +power of William, he gave great countenance to all the English exiles. +Many of them settled there; and laid the foundation of families which +afterwards made a figure in that country. +[FN [i] Order. Vital. p. 508. M. West. p. 225. M. Paris, p. 4. Sim. +Dun. p. 197.] + +While the English suffered under these oppressions, even the +foreigners were not much at their ease; but finding themselves +surrounded on all hands by enraged enemies, who took every advantage +against them, and menaced them with still more bloody effects of the +public resentment, they began to wish again for the tranquillity and +security of their native country. Hugh de Grentmesnil, and Humphry de +Teliol, though intrusted with great commands, desired to be dismissed +the service; and some others imitated their example: a desertion which +was highly resented by the king, and which he punished by the +confiscation of all their possessions in England [k]. But William's +bounty to his followers could not fail of alluring many new +adventurers into his service; and the rage of the vanquished English +served only to excite the attention of the king and those warlike +chiefs, and keep them in readiness to suppress every commencement of +domestic rebellion or foreign invasion. +[FN [k] Order. Vitalis, p. 512.] + +[MN 1069. New insurrections.] +It was not long before they found occupation for their prowess and +military conduct. Godwin, Edmond, and Magnus, three sons of Harold, +had, immediately after the defeat at Hastings, sought a retreat in +Ireland; where, having met with a kind reception from Dermot and other +princes of that country, they projected an invasion on England, and +they hoped that all the exiles from Denmark, Scotland, and Wales, +assisted by forces from these several countries, would at once +commence hostilities, and rouse the indignation of the English against +their haughty conquerors. They landed in Devonshire; but found Brian, +son of the Count of Britany, at the head of some foreign troops, ready +to oppose them; and being defeated in several actions, they were +obliged to retreat to their ships, and to return with great loss to +Ireland [l]. The efforts of the Normans were now directed to the +north, where affairs had fallen into the utmost confusion. The more +impatient of the Northumbrians had attacked Robert de Comyn, who was +appointed governor of Durham; and gaining the advantage over him from +his negligence, they put him to death in that city, with seven hundred +of his followers [m]. This success animated the inhabitants of York, +who, rising in arms, slew Robert Fitz-Richard, their governor [n]; and +besieged in the castle William Mallet, on whom the command now +devolved. A little after, the Danish troops landed from three hundred +vessels; Osberne, brother to King Sweyn, was intrusted with the +command of these forces, and he was accompanied by Harold and Canute, +two sons of that monarch. Edgar Atheling appeared from Scotland, and +brought along with him Cospatric, Waltheof, Siward, Bearne, +Merleswain, Adelin, and other leaders, who, partly from the hopes +which they gave of Scottish succours, partly from their authority in +those parts, easily persuaded the warlike and discontented +Northumbrians to join the insurrection. Mallet, that he might better +provide for the defence of the citadel of York, set fire to some +houses which lay contiguous; but this expedient proved the immediate +cause of his destruction. The flames, spreading into the neighbouring +streets, reduced the whole city to ashes: the enraged inhabitants, +aided by the Danes, took advantage of the confusion to attack the +castle, which they carried by assault; and the garrison, to the number +of three thousand men, was put to the sword without mercy [o]. +[FN [l] Gul. Gemet. p. 290. Order. Vital. p. 513. Anglia Sacra, vol. +i. p. 246. [m] Order. Vital. p. 512. Chron. de Mailr. p. 116. +Hoveden, p. 450. M. Paris, p. 5. Sim. Dun. p. 198. [n] Order. +Vital. p. 512. [o] Order. Vital. p. 513. Hoveden, p. 451.] + +This success proved a signal to many other parts of England, and gave +the people an opportunity of showing their malevolence to the Normans. +Hereward, a nobleman in East Anglia celebrated for valour, assembled +his followers, and taking shelter in the Isle of Ely, made inroads on +all the neighbouring country [p]. The English in the counties of +Somerset and Dorset rose in arms, and assaulted Montacute, the Norman +governor; while the inhabitants of Cornwall and Devon invested Exeter, +which, from the memory of William's clemency, still remained faithful +to him. Edric the Forester, calling in the assistance of the Welsh, +laid siege to Shrewsbury, and made head against Earl Brient and +Fitz-Osberne, who commanded in those quarters [q]. The English, every +where, repenting their former easy submission, seemed determined to +make by concert one great effort for the recovery of their liberties, +and for the expulsion of their oppressors. +[FN [p] Ingulph. p. 71. Chron. Abb. St. Petri de Burgo, p. 47. [q] +Order. Vital. p. 514.] + +William, undismayed amidst this scene of confusion, assembled his +forces, and animating them with the prospect of new confiscations and +forfeitures, he marched against the rebels in the north, whom he +regarded as the most formidable, and whose defeat he knew would strike +a terror into all the other malecontents. Joining policy to force, he +tried before his approach to weaken the enemy, by detaching the Danes +from them; and he engaged Osberne, by large presents, and by offering +him the liberty of plundering the sea-coast, to retire, without +committing farther hostilities, into Denmark [r]. Cospatric, also, in +despair of success, made his peace with the king, and paying a sum of +money as an atonement for his insurrection, was received into favour, +and even invested with the earldom of Northumberland. Waltheof, who +long defended York with great courage, was allured with this +appearance of clemency; and as William knew how to esteem valour, even +in an enemy, that nobleman had no reason to repent of his confidences +[s]. Even Edric, compelled by necessity, submitted to the conqueror, +and received forgiveness, which was soon after followed by some degree +of trust and favour. Malcolm, coming too late to support his +confederates, was constrained to retire; and all the English rebels in +other parts, except Hereward, who still kept in his fastnesses, +dispersed themselves, and left the Normans undisputed masters of the +kingdom. Edgar Atheling, with his followers, sought again a retreat +in Scotland from the pursuit of his enemies. +[FN [r] Hoveden, p. 451. Chron Abb. St Petri de Burgo, p. 47. Sim. +Dun. p. 199. [s] Malmes. p. 104. H. Hunt. p. 369.] + +[MN 1070. New rigours of the government.] +But the seeming clemency of William towards the English leaders +proceeded only from artifice, or from his esteem of individuals: his +heart was hardened against all compassion towards the people; and he +scrupled no measure, however violent or severe, which seemed requisite +to support his plan of tyrannical administration. Sensible of the +restless disposition of the Northumbrians, he determined to +incapacitate them ever after from giving him disturbance, and he +issued orders for laying entirely waste that fertile country which, +for the extent of sixty miles, lies between the Humber and the Tees +[t]. The houses were reduced to ashes by the merciless Normans; the +cattle seized and driven away; the instruments of husbandry destroyed; +and the inhabitants compelled either to seek for a subsistence in the +southern parts of Scotland, or if they lingered in England, from a +reluctance to abandon their ancient habitations, they perished +miserably in the woods from cold and hunger. The lives of a hundred +thousand persons are computed to have been sacrificed to this stroke +of barbarous policy [u], which, by seeking a remedy for a temporary +evil, thus inflicted a lasting wound on the power and populousness of +the nation. +[FN [t] Chron. Sax. p. 174. Ingulph. p. 79. Malmes. p. 103. +Hoveden, p. 451. Chron. Abb. St. Petri de Burgo, p. 47. M. Paris, p. +5. Sim. Dun. p. 199. Brompton, p. 966. Knyghton, p. 2344. Anglia +Sacra, vol. i. p. 702. [u] Order. Vital. p. 515.] + +But William finding himself entirely master of a people who had given +him such sensible proofs of their impotent rage and animosity, now +resolved to proceed to extremities against all the natives of England, +and to reduce them to a condition in which they should no longer be +formidable to his government. The insurrections and conspiracies in +so many parts of the kingdom had involved the bulk of the landed +proprietors, more or less, in the guilt of treason; and the king took +advantage of executing against them, with the utmost rigour, the laws +of forfeiture and attainder. Their lives were indeed commonly spared; +but their estates were confiscated, and either annexed to the royal +demesnes, or conferred with the most profuse bounty on the Normans and +other foreigners [w]. While the king's declared intention was to +depress, or rather entirely extirpate the English gentry [x], it is +easy to believe that scarcely the form of justice would be observed in +those violent proceedings [y]; and that any suspicions served as the +most undoubted proofs of guilt against a people thus devoted to +destruction. It was crime sufficient in an Englishman to be opulent, +or noble, or powerful; and the policy of the king, concurring with the +rapacity of foreign adventurers, produced almost a total revolution in +the landed property of the kingdom. Ancient and honourable families +were reduced to beggary; the nobles themselves were every where +treated with ignominy and contempt; they had the mortification of +seeing their castles and manors possessed by Normans of the meanest +birth and lowest stations [z]; and they found themselves carefully +excluded from every road which led either to riches or preferment [a]. +[FN [w] W. Malmes. p. 104. [x] H. Hunt p. 370. [y] See note [H], at +the end of the volume. [z] Order. Vitalis, p. 521. M. West. p. 229. +[a] See note [I], at the end of the volume.] + +[MN Introduction of the feudal law.] +As power naturally follows property, this revolution alone gave great +security to the foreigners; but William, by the new institutions which +he established, took also care to retain for ever the military +authority in those hands which had enabled him to subdue the kingdom. +He introduced into England the feudal law, which he found established +in France and Normandy, and which, during that age, was the foundation +both of the stability and of the disorders in most of the monarchical +governments of Europe. He divided all the lands of England, with very +few exceptions, beside the royal demesnes, into baronies, and he +conferred these, with the reservation of stated services and payments, +on the most considerable of his adventurers. These great barons, who +held immediately of the crown, shared out a great part of their lands +to other foreigners, who were denominated knights or vassals, and who +paid their lord the same duty and submission in peace and war, which +he himself owed to his sovereign. The whole kingdom contained about +seven hundred chief tenants, and sixty thousand two hundred and +fifteen knights-fees [b]; and as none of the native English were +admitted into the first rank, the few who retained their landed +property were glad to be received into the second, and under the +protection of some powerful Norman, to load themselves and their +posterity with this grievous burden, for estates which they had +received free from their ancestors [c]. The small mixture of English +which entered into this civil or military fabric (for it partook of +both species) was so restrained by subordination under the foreigners, +that the Norman dominion seemed now to be fixed on the most durable +basis, and to defy all the efforts of its enemies. +[FN [b] Order. Vital. p. 523. Secretum Abbatis, apud Selden, Titles +of Honour, p. 573. Spellm. Gloss. in verbo FEODUM. Sir Robert +Cotton. [c] M. West. p. 225. M. Paris, p. 4. Bracton, lib. 1. cap. +II. num. 1. Fleta, lib i. cap. 8. n. 2.] + +The better to unite the parts of the government, and to bind them into +one system, which might serve both for defence against foreigners, and +for the support of domestic tranquillity, William reduced the +ecclesiastical revenues under the same feudal law; and though he had +courted the church on his invasion and accession, he now subjected it +to services which the clergy regarded as a grievous slavery, and as +totally unbefitting their profession. The bishops and abbots were +obliged, when required, to furnish to the king, during war, a number +of knights, or military tenants, proportioned to the extent of +property possessed by each see or abbey; and they were liable, in case +of failure, to the same penalties which were exacted from the laity +[d] The pope and the ecclesiastics exclaimed against this tyranny, as +they called it; but the king's authority was so well established over +the army, who held every thing from his bounty, that superstition +itself, even in that age, when it was most prevalent, was constrained +to bend under his superior influence. +[FN [d] M. Paris, p. 5. Anglia Sacra, vol. i. p. 248.] + +But as the great body of the clergy were still natives, the king had +much reason to dread the effects of their resentment; he therefore +used the precaution of expelling the English from all the considerable +dignities, and of advancing foreigners in their place. The partiality +of the Confessor towards the Normans had been so great, that, aided by +their superior learning, it had promoted them to many of the sees in +England; and even before the period of the Conquest, scarcely more +than six or seven of the prelates were natives of the country. But +among these was Stigand, Archbishop of Canterbury; a man who, by his +address and vigour, by the greatness of his family and alliances, by +the extent of his possessions, as well as by the dignity of his +office, and his authority among the English, gave jealousy to the king +[e]. Though William had, on his accession, affronted this prelate by +employing the Archbishop of York to officiate at his consecration, he +was careful on other occasions to load hint with honours and caresses, +and to avoid giving him farther offence till the opportunity should +offer of effecting his final destruction [f]. The suppression of the +late rebellions, and the total subjection of the English, made him +hope that an attempt against Stigand, however violent, would be +covered by his great successes, and be overlooked amidst the other +important revolutions which affected so deeply the property and +liberty of the kingdom. Yet, notwithstanding these great advantages, +he did not think it safe to violate the reverence usually paid to the +primate; but under cover of a new superstition, which he was the great +instrument of introducing into England. +[FN [e] Parker, p. 161. [f] Ibid. p. 164.] + +[MN Innovation in ecclesiastical government.] +The doctrine which exalted the papacy above all human power had +gradually diffused itself from the city and court of Rome; and was, +during that age, much more prevalent in the southern than in the +northern kingdoms of Europe. Pope Alexander, who had assisted William +in his conquests, naturally expected that the French and Normans would +import into England the same reverence for his sacred character with +which they were impressed in their own country; and would break the +spiritual as well as civil independency of the Saxons, who had +hitherto conducted their ecclesiastical government, with an +acknowledgment indeed of primacy in the see of Rome, but without much +idea of its title to dominion or authority. As soon, therefore, as +the Norman prince seemed fully established on the throne, the pope +despatched Ermenfroy, Bishop of Sion, as his legate into England; and +this prelate was the first that had ever appeared with that character +in any part of the British islands. The king, though he was probably +led by principle to pay this submission to Rome, determined, as is +usual, to employ the incident as a means of serving his political +purposes, and of degrading those English prelates who were become +obnoxious to him. The legate submitted to become the instrument of +his tyranny; and thought, that the more violent the exertion of power, +the more certainly did it confirm the authority of that court from +which he derived his commission. He summoned, therefore, a council of +the prelates and abbots at Winchester; and being assisted by two +cardinals, Peter and John, he cited before him Stigand, Archbishop of +Canterbury, to answer for his conduct. The primate was accused of +three crimes: the holding of the see of Winchester, together with that +of Canterbury; the officiating in the pall of Robert his predecessor; +and the having received his own pall from Benedict IX., who was +afterwards deposed for simony, and for intrusion into the papacy [g]. +These crimes of Stigand were mere pretences; since the first had been +a practice not unusual in England, and was never any where subjected +to a higher penalty than a resignation of one of the sees; the second +was a pure ceremonial; and as Benedict was the only pope who then +officiated, and his acts were never repealed, all the prelates of the +church, especially those who lay at a distance, were excusable for +making their applications to him. Stigand's ruin, however, was +resolved on, and was prosecuted with great severity. The legate +degraded him from his dignity: the king confiscated his estate, and +cast him into prison, where he continued, in poverty and want, during +the remainder of his life. Like rigour was exercised against the +other English prelates: Agelric, Bishop of Selesey and Agelmare, of +Elmham, were deposed by the legate, and imprisoned by the king. Many +considerable abbots shared the same fate: Egelwin, Bishop of Durham, +fled the kingdom: Wulstan, of Worcester, a man of an inoffensive +character, was the only English prelate that escaped this general +proscription [h], and remained in possession of his dignity. Aldred, +Archbishop of York, who had set the crown on William's head, had died +a little before of grief and vexation, and had left his malediction to +that prince on account of the breach of his coronation oath, and of +the extreme tyranny with which he saw he was determined to treat his +English subjects [i]. +[FN [g] Hoveden, p. 453. Diceto, p. 482. Knyghton, p. 2345. Anglia +Sacra, vol. i. p. 5, 6. Ypod. Neust. p. 438. [h] Brompton relates, +that Wulstan was also deprived by the synod; but refusing to deliver +his pastoral staff and ring to any but the person from whom he first +received it, he went immediately to King Edward's tomb, and struck the +staff so deeply into the stone, that none but himself was able to pull +it out: upon which he was allowed to keep his bishopric. This +instance may serve, instead of many, as a specimen of the monkish +miracles. See also the annals of Burton, p. 284. [i] Malmes. de +Gest. Pont. p. 154.] + +It was a fixed maxim in this reign, as well as in some of the +subsequent, that no native of the island should ever be advanced to +any dignity, ecclesiastical, civil, or military [k] The king, +therefore, upon Stigand's deposition, promoted Lanfranc, a Milanese +monk, celebrated for his learning and piety, to the vacant see. This +prelate was rigid in defending the prerogatives of his station; and +after a long process before the pope, he obliged Thomas, a Norman +monk, who had been appointed to the see of York, to acknowledge the +primacy of the Archbishop of Canterbury. Where ambition can be so +happy as to cover its enterprises, even to the person himself, under +the appearance of principle, it is the most incurable and inflexible +of all human passions. Hence Lanfranc's zeal in promoting the +interests of the papacy, by which he himself augmented his own +authority, was indefatigable; and met with proportionable success. +The devoted attachment to Rome continually increased in England; and +being favoured by the sentiments of the conquerors, as well as by the +monastic establishments formerly introduced by Edred and by Edgar, it +soon reached the same height at which it had, during some time, stood +in France and Italy [l]. [MN 1070.] It afterwards went much farther; +being favoured by that very remote situation which had at first +obstructed its progress; and being less checked by knowledge and a +liberal education, which were still somewhat more common in the +southern countries. +[FN [k] Ingulph. p. 70, 71. [l] M. West. p. 228. Lanfranc wrote in +defence of the real presence against Berengarius; and in those ages of +stupidity and ignorance, he was greatly applauded for that +performance.] + +The prevalence of this superstitious spirit became dangerous to some +of William's successors, and incommodious to most of them; but the +arbitrary sway of this king over the English, and his extensive +authority over the foreigners, kept him from feeling any immediate +inconveniences from it. He retained the church in great subjection, +as well as his lay subjects; and would allow none, of whatever +character, to dispute his sovereign will and pleasure. He prohibited +his subjects from acknowledging any one for pope whom he himself had +not previously received: he required that all the ecclesiastical +canons, voted in any synod, should first be laid before him, and be +ratified by his authority: even bulls or letters from Rome could not +legally be produced, till they received the same sanction: and none of +his ministers or barons, whatever offences they were guilty of, could +be subjected to spiritual censures till he himself had given his +consent to their excommunication [m]. These regulations were worthy +of a sovereign, and kept united the civil and ecclesiastical powers, +which the principles introduced by this prince himself had an +immediate tendency to separate. +[FN [m] Eadmer, p. 6.] + +But the English had the cruel mortification to find that their king's +authority, however acquired or however extended, was all employed in +their oppression; and that the scheme of their subjection, attended +with every circumstance of insult and indignity [n], was deliberately +formed by the prince, and wantonly prosecuted by his followers [o]. +William had even entertained the difficult project of totally +abolishing the English language; and, for that purpose, he ordered, +that in all schools throughout the kingdom, the youth should be +instructed in the French tongue; a practice which was continued from +custom till after the reign of Edward III., and was never indeed +totally discontinued in England. The pleadings in the supreme courts +of judicature were in French [p]: the deeds were often drawn in the +same language: the laws were composed in that idiom [q]: no other +tongue was used at court: it became the language of all fashionable +company; and the English themselves, ashamed of their own country, +affected to excel in that foreign dialect. From this attention of +William, and from the extensive foreign dominions long annexed to the +crown of England, proceeded that mixture of French which is at present +to be found in the English tongue, and which composes the greatest and +best part of our language. But amidst those endeavours to depress the +English nation, the king, moved by the remonstrances of some of his +prelates, and by the earnest desires of the people, restored a few of +the laws of King Edward [r]; which, though seemingly of no great +importance towards the protection of general liberty, gave them +extreme satisfaction, as a memorial of their ancient government, and +an unusual mark of complaisance in their imperious conquerors [s]. +[FN [n] Order. Vital. p. 523. H. Hunt. p. 370. [o] Ingulph. p. 71. +[p] 36 Edw. III. cap. 15. Selden Spicileg. ad Eadmer, p. 189. +Fortescue de laud leg. Angl. cap. 48. [q] Chron. Rothom. A. D. 1066. +[r] Ingulph. p. 88. Brompton, p. 982. Knyghton, p. 2355. Hoveden, +p. 600. [s] See note [K], at the end of the volume.] + +[MN 1071.] The situation of the two great earls, Morcar and Edwin, +became now very disagreeable. Though they had retained their +allegiance during this general insurrection of their countrymen, they +had not gained the king's confidence, and they found themselves +exposed to the malignity of the courtiers, who envied them on account +of their opulence and greatness, and at the same time involved them in +that general contempt which they entertained for the English. +Sensible that they had entirely lost their dignity, and could not even +hope to remain long in safety; they determined, though too late, to +share the same fate with their countrymen. While Edwin retired to his +estate in the north, with a view of commencing an insurrection, Morcar +took shelter in the Isle of Ely with the brave Hereward, who, secured +by the inaccessible situation of the place, still defended himself +against the Normans. But this attempt served only to accelerate the +ruin of the few English who had hitherto been able to preserve their +rank or fortune during the past convulsions. William employed all his +endeavours to subdue the Isle of Ely; and having surrounded it with +flat-bottomed boats, and made a causeway through the morasses to the +extent of two miles, he obliged the rebels to surrender at discretion. +Hereward alone forced his way, sword in hand, through the enemy; and +still continued his hostilities by sea against the Normans, till at +last William, charmed with his bravery, received him into favour, and +restored him to his estate. Earl Morcar, and Egelwin, Bishop of +Durham, who had joined the malecontents, were thrown into prison, and +the latter soon after died in confinement. Edwin, attempting to make +his escape into Scotland, was betrayed by some of his followers, and +was killed by a party of Normans, to the great affliction of the +English, and even to that of William, who paid a tribute of generous +tears to the memory of this gallant and beautiful youth. The King of +Scotland, in hopes of profiting by these convulsions, had fallen upon +the northern counties; but on the approach of William, he retired; and +when the king entered his country, he was glad to make peace, and to +pay the usual homage to the English crown. To complete the king's +prosperity, Edgar Atheling himself, despairing of success, and weary +of a fugitive life, submitted to his enemy; and receiving a decent +pension for his subsistence, was permitted to live in England +unmolested. But these acts of generosity towards the leaders were +disgraced, as usual, by William's rigour against the inferior +malecontents. He ordered the hands to be lopt off; and the eyes to be +put out, of many of the prisoners whom he had taken in the Isle of +Ely; and he dispersed them in that miserable condition throughout the +country, as monuments of his severity. + +[MN 1073.] The province of Maine, in France, had, by the will of +Herbert, the last count, fallen under the dominion of William some +years before his conquest of England; but the inhabitants, +dissatisfied with the Norman government, and instigated by Fulk, Count +of Anjou, who had some pretensions to the succession, now rose in +rebellion, and expelled the magistrates whom the king had placed over +them. The full settlement of England afforded him leisure to punish +this insult on his authority; but being unwilling to remove his Norman +forces from this island, he carried over a considerable army, composed +almost entirely of English; and joining them to some troops levied in +Normandy, he entered the revolted province. The English appeared +ambitious of distinguishing themselves on this occasion, and of +retrieving that character of valour which had long been national among +them; but which their late easy subjection under the Normans had +somewhat degraded and obscured. Perhaps too they hoped that, by their +zeal and activity, they might recover the confidence of their +sovereign, as their ancestors had formerly, by like means, gained the +affections of Canute; and might conquer his inveterate prejudices in +favour of his own countrymen. The king's military conduct, seconded +by these brave troops, soon overcame all opposition in Maine: the +inhabitants were obliged to submit, and the Count of Anjou +relinquished his pretensions. + +[MN 1074. Insurrection of the Norman barons.] +But during these transactions the government of England was greatly +disturbed; and that too by those very foreigners who owed every thing +to the king’s bounty, and who were the sole object of his friendship +and regard. The Norman barons, who had engaged with their duke in the +conquest of England, were men of the most independent spirit; and +though they obeyed their leader in the field, they would have regarded +with disdain the richest acquisitions, had they been required in +return to submit, in their civil government, to the arbitrary will of +one man. But the imperious character of William, encouraged by his +absolute dominion over the English, and often impelled by the +necessity of his affairs, had prompted him to stretch his authority +over the Normans themselves beyond what the free genius of that +victorious people could easily bear. The discontents were become +general among those haughty nobles; and even Roger, Earl of Hereford, +son and heir of Fitz-Osberne, the king's chief favourite, was strongly +infected with them. This nobleman, intending to marry his sister to +Ralph de Guader, Earl of Norfolk, had thought it his duty to inform +the king of his purpose, and to desire the royal consent; but meeting +with a refusal, he proceeded nevertheless to complete the nuptials, +and assembled all his friends, and those of Guader, to attend the +solemnity. The two earls, disgusted by the denial of their request, +and dreading William's resentment for their disobedience, here +prepared measures for a revolt; and during the gaiety of the festival, +while the company was heated with wine, they opened the design to +their guests. They inveighed against the arbitrary conduct of the +king; his tyranny over the English, whom they affected on this +occasion to commiserate; his imperious behaviour to his barons of the +noblest birth; and his apparent intention of reducing the victors and +the vanquished to a like ignominious servitude. Amidst their +complaints, the indignity of submitting to a bastard [t] was not +forgotten; the certain prospect of success in a revolt, by the +assistance of the Danes and the discontented English, was insisted on; +and the whole company, inflamed with the same sentiments, and warmed +by the jollity of the entertainment, entered, by a solemn engagement, +into the design of shaking off the royal authority. Even Earl +Waltheof; who was present, inconsiderately expressed his approbation +of the conspiracy, and promised his concurrence towards its success. +[FN [t] William was so little ashamed of his birth, that be assumed +the appellation of bastard in some of his letters and charters. +Spellm. Gloss. in verb. BASTARDUS. Camden in RICHMONDSHIRE.] + +This nobleman, the last of the English who, for some generations, +possessed any power or authority, had, after his capitulation at York, +been received into favour by the Conqueror; had even married Judith, +niece to that prince; and had been promoted to the earldoms of +Huntingdon and Northampton [u]. Cospatric, Earl of Northumberland, +having, on some new disgust from William, retired into Scotland, where +he received the earldom of Dunbar from the bounty of Malcolm; Waltheof +was appointed his successor in that important command, and seemed +still to possess the confidence and friendship of his sovereign [w]. +But as he was a man of generous principles, and loved his country, it +is probable that the tyranny exercised over the English lay heavy upon +his mind, and destroyed all the satisfaction which he could reap from +his own grandeur and advancement. When a prospect, therefore, was +opened of retrieving their liberty, he hastily embraced it; while the +fumes of the liquor, and the ardour of the company, prevented him from +reflecting on the consequences of that rash attempt. But after his +cool judgment returned, he foresaw that the conspiracy of those +discontented barons was not likely to prove successful against the +established power of William; or if it did, that the slavery of the +English, instead of being alleviated by that event, would become more +grievous, under a multitude of foreign leaders, factious and +ambitious, whose union and whose discord would be equally oppressive +to the people. Tormented with these reflections, he opened his mind +to his wife Judith, of whose fidelity he entertained no suspicion, but +who, having secretly fixed her affections on another, took this +opportunity of ruining her easy and credulous husband. She conveyed +intelligence of the conspiracy to the king, and aggravated every +circumstance, which, she believed, would tend to incense him against +Waltheof, and render him absolutely implacable [x]. Meanwhile the +earl, still dubious with regard to the part which he should act, +discovered the secret in confession to Lanfranc, on whose probity and +judgment he had a great reliance: he was persuaded by the prelate, +that he owed no fidelity to those rebellious barons, who had by +surprise gained his consent to a crime; that his first duty was to his +sovereign and benefactor; his next to himself and his family; and +that, if he seized not the opportunity of making atonement for his +guilt by revealing it, the temerity of the conspirators was so great, +that they would give some other person the means of acquiring the +merit of the discovery. Waltheof, convinced by these arguments, went +over to Normandy; but though he was well received by the king, and +thanked for his fidelity, the account previously transmitted by Judith +had sunk deep into William's mind, and had destroyed all the merit of +her husband's repentance. +[FN [u] Order. Vital. p. 522. Hoveden, p. 454. [w] Sim. Dun. p. 205. +[x] Order. Vital. p. 536.] + +The conspirators, hearing of Waltheof's departure, immediately +concluded their design to be betrayed; and they flew to arms before +their schemes were ripe for execution, and before the arrival of the +Danes, in whose aid they placed their chief confidence. The Earl of +Hereford was checked by Walter de Lacy, a great baron in those parts, +who, supported by the Bishop of Worcester and the Abbot of Evesham, +raised some forces, and prevented the earl from passing the Severn, or +advancing into the heart of the kingdom. The Earl of Norfolk was +defeated at Fagadun, near Cambridge, by Odo, the regent, assisted by +Richard de Bienfaite and William de Warenne, the two justiciaries. +The prisoners taken in this action had their right foot cut off, as a +punishment of their treason: the earl himself escaped to Norwich, +thence to Denmark; where the Danish fleet, which had made an +unsuccessful attempt upon the coast of England [y], soon after +arrived, and brought him intelligence, that all his confederates were +suppressed, and were either killed, banished, or taken prisoners [z]. +Ralph retired in despair to Britany, where he possessed a large estate +and extensive jurisdictions. +[FN [y] Chron. Sax. p. 183. M. Paris, p. 7. [z] Many of the +fugitive Normans are supposed to have fled into Scotland; where they +were protected, as well as the fugitive English, by Malcolm. Whence +come the many French and Norman families, which are found at present +in that country.] + +The king, who hastened over to England in order to suppress the +insurrection, found that nothing remained but the punishment of the +criminals, which he executed with great severity. Many of the rebels +were hanged; some had their eyes put out; others their hands cut off. +But William, agreeably to his usual maxims, showed more lenity to +their leader, the Earl of Hereford, who was only condemned to a +forfeiture of his estate, and to imprisonment during pleasure. The +king seemed even disposed to remit this last part of the punishment, +had not Roger, by a fresh insolence, provoked him to render his +confinement perpetual. [MN 1075.] But Waltheof, being an Englishman, +was not treated with so much humanity; though his guilt, always much +inferior to that of the other conspirators, was atoned for by an +early repentance and return to his duty. William, instigated by his +niece, as well as by his rapacious courtiers, who longed for so rich a +forfeiture, ordered him to be tried, condemned, and executed. [MN +29th April 1075.] The English, who considered this nobleman as the +last resource of their nation, grievously lamented his fate, and +fancied that miracles were wrought by his relics, as a testimony of +his innocence and sanctity. The infamous Judith, falling soon after +under the king's displeasure, was abandoned by all the world, and +passed the rest of her life in contempt, remorse, and misery. + +Nothing remained to complete William's satisfaction but the punishment +of Ralph de Guader; and he hastened over to Normandy in order to +gratify his vengeance on that criminal. But though the contest seemed +very unequal between a private nobleman and the King of England, Ralph +was so well supported both by the Earl of Britany and the King of +France, that William, after besieging him for some time in Dol, was +obliged to abandon the enterprise, and make with those powerful +princes a peace, in which Ralph himself was included. England, during +his absence, remained in tranquillity, and nothing remarkable +occurred, except two ecclesiastical synods which were summoned, one at +London, another at Winchester. In the former the precedency among the +episcopal sees was settled, and the seat of some of them was removed +from small villages to the most considerable town within the diocese. +In the second was transacted a business of more importance. + +[MN 1076. Dispute about investitures] +The industry and perseverance are surprising, with which the popes had +been treasuring up powers and pretensions during so many ages of +ignorance; while each pontiff employed every fraud for advancing +purposes of imaginary piety, and cherished all claims which might turn +to the advantage of his successors, though he himself could not expect +ever to reap any benefit from them. All this immense store of +spiritual and civil authority was now devolved on Gregory VII. of the +name of Hildebrand, the most enterprising pontiff that had ever filled +that chair, and the least restrained by fear, decency, or moderation. +Not content with shaking off the yoke of the emperors, who had +hitherto exercised the power of appointing the pope on every vacancy, +or at least of ratifying his election; he undertook the arduous task +of entirely disjoining the ecclesiastical from the civil power, and of +excluding profane laymen from the right which they had assumed of +filling the vacancies of bishoprics, abbeys, and other spiritual +dignities [a]. The sovereigns who had long exercised this power, and +who had acquired it not by encroachments on the church, but on the +people, to whom it originally belonged [b], made great opposition to +this claim of the court of Rome; and Henry IV., the reigning emperor, +defended this prerogative of his crown with a vigour and resolution +suitable to its importance. The few offices, either civil or +military, which the feudal institutions left the sovereign the power +of bestowing, made the prerogative of conferring the pastoral ring and +staff the most valuable jewel of the royal diadem; especially as the +general ignorance of the age bestowed a consequence on the +ecclesiastical offices, even beyond the great extent of power and +property which belonged to them. Superstition, the child of +ignorance, invested the clergy with an authority almost sacred; and as +they engrossed the little learning of the age, their interposition +became requisite in all civil business, and a real usefulness in +common life was thus superadded to the spiritual sanctity of their +character. +[FN [a] L'Abbé Conc. tom. x. p. 371, 372. com. 2. [b] Padre Paolo +sopra benef. eccles. p. 30.] + +When the usurpations, therefore, of the church had come to such +maturity as to embolden her to attempt extorting the right of +investitures from the temporal power, Europe, especially Italy and +Germany, was thrown into the most violent convulsions, and the pope +and the emperor waged implacable war on each other. Gregory dared to +fulminate the sentence of excommunication against Henry and his +adherents, to pronounce him rightfully deposed, to free his subjects +from their oaths of allegiance; and instead of shocking mankind by +this gross encroachment on the civil authority, he found the stupid +people ready to second his most exorbitant pretensions. Every +minister, servant, or vassal of the emperor, who received any disgust, +covered his rebellion under the pretence of principle; and even the +mother of this monarch, forgetting all the ties of nature, was +seduced to countenance the insolence of his enemies. Princes +themselves, not attentive to the pernicious consequences of those +papal claims, employed them for their present purposes; and the +controversy, spreading into every city of Italy, engendered the +parties of Guelf and Ghibbelin; the most durable and most inveterate +factions that ever arose from the mixture of ambition and religious +zeal. Besides numberless assassinations, tumults, and convulsions to +which they gave rise, it is computed that the quarrel occasioned no +less than sixty battles in the reign of Henry IV., and eighteen in +that of his successor, Henry V., when the claims of the sovereign +pontiff finally prevailed [c]. +[FN [c] Padre Paolo sopra benef. eccles. p. 113.] + +But the bold spirit of Gregory, not dismayed with the vigorous +opposition which he met with from the emperor, extended his +usurpations all over Europe; and well knowing the nature of mankind, +whose blind astonishment ever inclines them to yield to the most +impudent pretensions, he seemed determined to set no bounds to the +spiritual, or rather temporal monarchy, which he had undertaken to +erect. He pronounced the sentence of excommunication against +Nicephorus, Emperor of the East: Robert Guiscard, the adventurous +Norman, who had acquired the dominion of Naples, was attacked by the +same dangerous weapon: he degraded Boleslas, King of Poland, from the +rank of king; and even deprived Poland of the title of a kingdom: he +attempted to treat Philip, King of France, with the same rigour which +he had employed against the emperor [d]: he pretended to the entire +property and dominion of Spain; and he parcelled it out amongst +adventurers, who undertook to conquer it from the Saracens, and to +hold it in vassalage under the see of Rome [e]: even the Christian +bishops, on whose aid he relied for subduing the temporal princes, saw +that he was determined to reduce them to servitude; and by assuming +the whole legislative and judicial power of the church, to centre all +authority in the sovereign pontiff [f]. +[FN [d] Epist. Greg. VII. epist. 32, 35. lib. 2. epist. 5. [e] Epist. +Greg. VII. lib. 1. epist. 7. [f] Greg. epist. lib. 2. epist. 55.] + +William the Conqueror, the most potent, the most haughty, and the most +vigorous prince in Europe, was not, amidst all his splendid successes, +secure from the attacks of this enterprising pontiff. Gregory wrote +him a letter, requiring him to fulfil his promise in doing homage for +the kingdom of England to the see of Rome, and to send him over that +tribute, which all his predecessors had been accustomed to pay to the +vicar of Christ. By the tribute he meant Peter's pence; which, though +at first a charitable donation of the Saxon princes, was interpreted, +according to the usual practice of the Romish court, to be a badge of +subjection acknowledged by the kingdom. William replied, that the +money should be remitted as usual; but that neither had he promised to +do homage to Rome, nor was it in the least his purpose to impose that +servitude on his state [g]. And the better to show Gregory his +independence, he ventured, notwithstanding the frequent complaints of +the pope, to refuse to the English bishops the liberty of attending a +general council which that pontiff had summoned against his enemies. +[FN [g] Spicileg. Seldeni ad Eadmer, p. 4.] + +But though the king displayed this vigour in supporting the royal +dignity, he was infected with the general superstition of the age, and +he did not perceive the ambitious scope of those institutions, which, +under colour of strictness in religion, were introduced or promoted by +the court of Rome. Gregory, while he was throwing all Europe into +combustion by his violence and impostures, affected an anxious care +for the purity of manners; and even the chaste pleasures of the +marriage-bed were inconsistent, in his opinion, with the sanctity of +the sacerdotal character. He had issued a decree prohibiting the +marriage of priests, excommunicating all clergymen who retained their +wives, declaring such unlawful commerce to be fornication, and +rendering it criminal in the laity to attend divine worship, when such +profane priests officiated at the altar [h]. This point was a great +object in the politics of the Roman pontiffs; and it cost them +infinitely more pains to establish it, than the propagation of any +speculative absurdity which they had ever attempted to introduce. +Many synods were summoned in different parts of Europe before it was +finally settled; and it was there constantly remarked, that the +younger clergymen complied cheerfully with the pope's decrees in this +particular, and that the chief reluctance appeared in those who were +more advanced in years: an event so little consonant to men's natural +expectations, that it could not fail to be glossed on, even in that +blind and superstitious age. William allowed the pope's legate to +assemble, in his absence, a synod at Winchester, in order to establish +the celibacy of the clergy; but the church of England could not yet be +carried the whole length expected. The synod was content with +decreeing, that the bishops should not thenceforth ordain any priests +or deacons without exacting from them a promise of celibacy; but they +enacted, that none, except those who belonged to collegiate or +cathedral churches, should be obliged to separate from their wives. +[FN [h] Hoveden, p. 455, 457. Flor. Wigorn. p. 638. Spellm. Concil. +fol. 13 A. D. 1076.] + +[MN Revolt of Prince Robert.] +The king passed some years in Normandy; but his long residence there +was not entirely owing to his declared preference of that duchy: his +presence was also necessary for composing those disturbances which had +arisen in that favourite territory, and which had even originally +proceeded from his own family. Robert, his eldest son, surnamed +Gambaron or Curthose, from his short legs, was a prince who inherited +all the bravery of his family and nation; but without that policy and +dissimulation, by which his father was so much distinguished, and +which, no less than his military valour, had contributed to his great +successes. Greedy of fame, impatient of contradiction, without +reserve in his friendships, declared in his enmities, this prince +could endure no control even from his imperious father, and openly +aspired to that independence, to which his temper, as well as some +circumstances in his situation, strongly invited him [i]. When +William first received the submissions of the province of Maine, he +had promised the inhabitants that Robert should be their prince; and +before he undertook the expedition against England, he had, on the +application of the French court, declared him his successor in +Normandy, and had obliged the barons of that duchy to do him homage as +their future sovereign. By this artifice, he had endeavoured to +appease the jealousy of his neighbours, as affording them a prospect +of separating England from his dominions on the continent; but when +Robert demanded of him the execution of those engagements, he gave him +an absolute refusal, and told him, according to the homely saying, +that he never intended to throw off his clothes till he went to bed +[k]. Robert openly declared his discontent; and was suspected of +secretly instigating the King of France and the Earl of Britany to the +opposition which they made to William, and which had formerly +frustrated his attempts upon the town of Dol. And as the quarrel +still augmented, Robert proceeded to entertain a strong jealousy of +his two surviving brothers, William and Henry, (for Richard was killed +in hunting by a stag,) who, by greater submission and complaisance, +had acquired the affections of their father. In this disposition on +both sides, the greatest trifle sufficed to produce a rupture between +them. +[FN [i] Order. Vital. p. 545. Hoveden, p. 457. Flor. Wigorn. p. 639. +[k] Chron. de Mailr. p. 160.] + +The three princes, residing with their father in the castle of L'Aigle +in Normandy, were one day engaged in sport together; and after some +mirth and jollity, the two younger took a fancy of throwing over some +water on Robert as he passed through the court on leaving their +apartment [l]; a frolic, which he would naturally have regarded as +innocent, had it not been for the suggestions of Alberic de +Grentmesnil, son of that Hugh de Grentmesnil whom William had formerly +deprived of his fortunes, when that baron deserted him during his +greatest difficulties in England. The young man, mindful of the +injury, persuaded the prince that this action was meant as a public +affront, which it behoved him in honour to resent; and the choleric +Robert, drawing his sword, ran upstairs, with an intention of taking +revenge on his brothers [m]. The whole castle was filled with tumult, +which the king himself, who hastened from his apartment, found some +difficulty to appease. But he could by no means appease the +resentment of his eldest son, who, complaining of his partiality, and +fancying that no proper atonement had been made him for the insult, +left the court that very evening, and hastened to Rouen, with an +intention of seizing the citadel of that place [n]. But being +disappointed in this view by the precaution and vigilance of Roger de +Ivery, the governor, he fled to Hugh de Neufchatel, a powerful Norman +baron, who gave him protection in his castles; and he openly levied +war against his father [o]. The popular character of the prince, and +a similarity of manners, engaged all the young nobility of Normandy +and Maine, as well as of Anjou and Britany, to take part with him; and +it was suspected, that Matilda, his mother, whose favourite he was, +supported him in his rebellion by secret remittances of money, and by +the encouragement which she gave his partisans. +[FN [l] Order. Vital. p. 545. [m] Ibid. [n] Order. Vital. p. 545. +[o] Ibid. Hoveden, p. 457. Sim. Dun. p. 210. Diceto, p. 487.] + +[MN 1079.] All the hereditary provinces of William, as well as his +family, were, during several years, thrown into convulsions by this +war; and he was at last obliged to have recourse to England, where +that species of military government which he had established gave him +greater authority than the ancient feudal institutions permitted him +to exercise in Normandy. He called over an army of English under his +ancient captains, who soon expelled Robert and his adherents from +their retreats, and restored the authority of the sovereign in all his +dominions. The young prince was obliged to take shelter in the castle +of Gerberoy in the Beauvoisis, which the King of France, who secretly +fomented all these dissensions, had provided for him. In this +fortress he was closely besieged by his father, against whom, having a +strong garrison, he made an obstinate defence. There passed under the +walls of this place many rencounters, which resembled more the single +combats of chivalry than the military actions of armies; but one of +them was remarkable for its circumstances and its event. Robert +happened to engage the king, who was concealed by his helmet; and both +of them being valiant, a fierce combat ensued, till at last the young +prince wounded his father in the arm, and unhorsed him. On his +calling out for assistance, his voice discovered him to his son, who, +struck with remorse for his past guilt, and astonished with the +apprehensions of one much greater, which he had so nearly incurred, +instantly threw himself at his father's feet, craved pardon for his +offences, and offered to purchase forgiveness by any atonement [p]. +The resentment harboured by William was so implacable, that he did not +immediately correspond to this dutiful submission of his son with like +tenderness; but giving him his malediction, departed for his own camp, +on Robert's horse, which that prince had assisted him to mount. He +soon after raised the siege, and marched with his army to Normandy; +where the interposition of the queen, and other common friends, +brought about a reconcilement, which was probably not a little +forwarded by the generosity of the son's behaviour in this action, and +by the returning sense of his past misconduct. The king seemed so +fully appeased, that he even took Robert with him into England; where +he intrusted him with the command of an army, in order to repel an +inroad of Malcolm, King of Scotland, and to retaliate by a like inroad +into that country. The Welsh, unable to resist William's power, were, +about the same time, necessitated to pay a compensation for their +incursions; and every thing was reduced to full tranquillity in this +island. +[FN [p] Malmes. p. 106. H. Hunt. p. 369. Hoveden, p. 457. Flor. +Wig. p. 639. Sim. Dun. p. 210. Diceto, p. 287. Knyghton, p. 2351. +Alur. Beverl. p. 135.] + +[MN 1081. Doomsday-book.] +The state of affairs gave William leisure to begin and finish an +undertaking, which proves his extensive genius, and does honour to his +memory: it was a general survey of all the lands in the kingdom, their +extent in each district, their proprietors, tenures, value; the +quantity of meadow, pasture, wood, and arable land, which they +contained; and in some counties the number of tenants, cottagers, and +slaves of all denominations, who lived upon them. He appointed +commissioners for this purpose, who entered every particular in their +register by the verdict of juries; and after a labour of six years +(for the work was so long in finishing) brought him an exact account +of all the landed property of his kingdom [q]. This monument, called +Doomsday-book, the most valuable piece of antiquity possessed by any +nation, is still preserved in the Exchequer; and though only some +extracts of it have hitherto been published, it serves to illustrate +to us, in many particulars, the ancient state of England. The great +Alfred had finished a like survey of the kingdom in his time, which +was long kept at Winchester, and which probably served as a model to +William in this undertaking [r]. +[FN [q] Chron. Sax. p. 190. Ingulph, p. 79. Chron. T. Wykes, p. 23. +H. Hunt. p. 370. Hoveden, p. 460. M. West. p. 229. Flor. Wigorn. p. +641. Chron. Abb. de Petri de Burgo, p. 51. M. Paris, p. 8. The more +northern counties were not comprehended in this survey; I suppose +because of their wild, uncultivated state. [r] Ingulph, p. 8.] + +The king was naturally a great economist; and though no prince had +ever been more bountiful to his officers and servants, it was merely +because he had rendered himself universal proprietor of England, and +had a whole kingdom to bestow. He reserved an ample revenue for the +crown; and in the general distribution of land among his followers, he +kept possession of no less than one thousand four hundred and twenty- +two manors in different parts of England [s], which paid him rent, +either in money, or in corn, cattle, and the usual produce of the +soil. An ancient historian computes, that his annual fixed income, +besides escheats, fines, reliefs, and other casual profits to a great +value, amounted to near four hundred thousand pounds a year [t]; a sum +which, if all circumstances be attended to, will appear wholly +incredible. A pound in that age, as we have already observed, +contained three times the weight of silver that it does at present; +and the same weight of silver, by the most probable computation, would +purchase near ten times more of the necessaries of life, though not in +the same proportion of the finer manufactures. This revenue, +therefore, of William, would be equal to at least nine or ten millions +at present; and as that prince had neither fleet nor army to support, +the former being only an occasional expense, and the latter being +maintained without any charge to him by his military vassals, we must +thence conclude, that no emperor or prince, in any age or nation, can +be compared to the Conqueror for opulence and riches. This leads us +to suspect a great mistake in the computation of the historian: +though, if we consider that avarice is always imputed to William, as +one of his vices, and that having by the sword rendered himself master +of all the lands in the kingdom, he would certainly in the partition +retain a great proportion for his own share; we can scarcely be guilty +of any error in asserting, that perhaps no king of England was ever +more opulent, was more able to support by his revenue the splendour +and magnificence of a court, or could bestow more on his pleasures, or +in liberalities to his servants and favourites [u]. +[FN [s] West's inquiry into the manner of creating peers, p. 24. [t] +Order. Vital. p. 523. He says one thousand and sixty pounds and some +odd shillings and pence a day. [u] Fortescue, de Dom. reg. et +politic. cap. 111.] + +[MN The new forest.] +There was one pleasure to which William, as well as all the Normans +and ancient Saxons, was extremely addicted, and that was hunting; but +this pleasure he indulged more at the expense of his unhappy subjects, +whose interests he always disregarded, than to the loss or diminution +of his own revenue. Not content with those large forests which former +kings possessed in all parts of England, he resolved to make a new +forest near Winchester, the usual place of his residence; and for that +purpose he laid waste the country in Hampshire for an extent of thirty +miles, expelled the inhabitants from their houses, seized their +property, even demolished churches and convents, and made the +sufferers no compensation for the injury [w]. At the same time, he +enacted new laws, by which he prohibited all his subjects from hunting +in any of his forests, and rendered the penalties more severe than +ever had been inflicted for such offences. The killing of a deer or +boar, or even a hare, was punished with the loss of the delinquent's +eyes; and that at a time, when the killing of a man could be atoned +for by paying a moderate fine or composition. +[FN [w] Malmes. p. 3. H. Hunt. p. 731. Anglia Sacra, vol. i. p. +258.] + +The transactions recorded during the remainder of this reign may be +considered more as domestic occurrences which concern the prince, than +as national events which regard England. Odo, Bishop of Baieux, the +king's uterine brother, whom he had created Earl of Kent, and +intrusted with a great share of power during his whole reign, had +amassed immense riches; and agreeably to the usual progress of human +wishes, he began to regard his present acquisitions but as a step to +farther grandeur. He had formed the chimerical project of buying the +papacy; and though Gregory, the reigning pope, was not of advanced +years, the prelate had confided so much in the predictions of an +astrologer, that he reckoned upon the pontiff’s death, and upon +attaining, by his own intrigues and money, that envied state of +greatness. Resolving, therefore, to remit all his riches to Italy, he +had persuaded many considerable barons, and among the rest, Hugh, Earl +of Chester, to take the same course; in hopes that, when he should +mount the papal throne, he would bestow on them more considerable +establishments in that country. [MN 1082.] The king, from whom all +these projects had been carefully concealed, at last got intelligence +of the design, and ordered Odo to be arrested. His officers, from +respect to the immunities which the ecclesiastics now assumed, +scrupled to execute the command, till the king himself was obliged in +person to seize him; and when Odo insisted that he was a prelate, and +exempt from all temporal jurisdiction, William replied, that he +arrested him not as Bishop of Baieux, but as Earl of Kent. He was +sent prisoner to Normandy; and, notwithstanding the remonstrances and +menaces of Gregory, was detained in custody during the remainder of +this reign. + +[MN 1083.] Another domestic event gave the king much more concern: it +was the death of Matilda, his consort, whom he tenderly loved, and for +whom he had ever preserved the most sincere friendship. Three years +afterwards he passed into Normandy, and carried with him Edgar +Atheling, to whom he willingly granted permission to make a pilgrimage +to the Holy Land. [MN 1087. War with France.] He was detained on +the continent by a misunderstanding, which broke out between him and +the King of France, and which was occasioned by inroads made into +Normandy by some French barons on the frontiers. It was little in the +power of princes at that time to restrain their licentious nobility; +but William suspected, that these barons durst not have provoked his +indignation, had they not been assured of the countenance and +protection of Philip. His displeasure was increased by the account he +received of some railleries which that monarch had thrown out against +him. William, who was become corpulent, had been detained in bed some +time by sickness; upon which Philip expressed his surprise that his +brother of England should be so long in being delivered of his big +belly. The king sent him word, that, as soon as he was up, he would +present so many lights at Notre-dame, as would perhaps give little +pleasure to the King of France; alluding to the usual practice at that +time of women after childbirth. Immediately on his recovery, he led +an army into L'Isle de France, and laid every thing waste with fire +and sword. He took the town of Mante, which he reduced to ashes. But +the progress of these hostilities was stopped by an accident which +soon after put an end to William's life. His horse starting aside of +a sudden, he bruised his belly on the pommel of the saddle; and being +in a bad habit of body, as well as somewhat advanced in years, he +began to apprehend the consequences, and ordered himself to be carried +in a litter to the monastery of St. Gervas. Finding his illness +increase, and being sensible of the approach of death, he discovered +at last the vanity of all human grandeur, and was struck with remorse +for those horrible cruelties and acts of violence, which, in the +attainment and defence of it, he had committed during the course of +his reign over England. He endeavoured to make atonement by presents +to churches and monasteries; and he issued orders, that Earl Morcar, +Siward, Bearne, and other English prisoners, should be set at liberty. +He was even prevailed on, though not without reluctance, to consent, +with his dying breath, to release his brother Odo, against whom he was +extremely incensed. He left Normandy and Maine to his eldest son +Robert: he wrote to Lanfranc, desiring him to crown William King of +England: he bequeathed to Henry nothing but the possessions of his +mother Matilda; but foretold that he would one day surpass both his +brothers in power and opulence. He expired in the sixty-third year of +his age, in the twenty-first year of his reign over England, and in +the fifty-fourth of that over Normandy. + +[MN 9th Sept. Death and character of William the Conqueror.] +Few princes have been more fortunate than this great monarch, or were +better entitled to grandeur and prosperity, from the abilities and the +vigour of mind which he displayed in all his conduct. His spirit was +bold and enterprising, yet guided by prudence: his ambition, which was +exorbitant, and lay little under the restraints of justice, still less +under those of humanity, ever submitted to the dictates of sound +policy. Born in an age when the minds of men were intractable and +unacquainted with submission, he was yet able to direct them to his +purposes; and partly from the ascendant of his vehement character, +partly from art and dissimulation, to establish an unlimited +authority. Though not insensible to generosity, he was hardened +against compassion; and he seemed equally ostentatious and equally +ambitious of show and parade in his clemency and in his severity. The +maxims of his administration were austere; but might have been useful, +had they been solely employed to preserve order in an established +government [x]; they were ill calculated for softening the rigours +which, under the most gentle management, are inseparable from +conquest. His attempt against England was the last great enterprise +of the kind which, during the course of seven hundred years, has fully +succeeded in Europe; and the force of his genius broke through those +limits, which first the feudal institutions, then the refined policy +of princes, have fixed to the several states of Christendom. Though +he rendered himself infinitely odious to his English subjects, he +transmitted his power to his posterity, and the throne is still filled +by his descendants: a proof, that the foundations which he laid were +firm and solid, and that, amidst all his violence, while he seemed +only to gratify the present passion, he had still an eye towards +futurity. +[FN [x] M. West. p. 230. Anglia Sacra, vol. i. p. 258.] + +Some writers have been desirous of refusing to this prince the title +of Conqueror, in the sense which that term commonly bears; and, on +pretence that the word is sometimes in old books applied to such as +make an acquisition of territory by any means, they are willing to +reject William's title, by right of war, to the crown of England. It +is needless to enter into a controversy, which, by the terms of it, +must necessarily degenerate into a dispute of words. It suffices to +say, that the Duke of Normandy's first invasion of the island was +hostile; that his subsequent administration was entirely supported by +arms; that in the very frame of his laws, he made a distinction +between the Normans and English, to the advantage of the former [y]; +that he acted in every thing as absolute master over the natives, +whose interest and affections he totally disregarded; and that if +there was an interval when he assumed the appearance of a legal +sovereign, the period was very short, and was nothing but a temporary +sacrifice, which he, as has been the case with most conquerors, was +obliged to make of his inclination to his present policy. Scarce any +of those revolutions, which both in history and in common language, +have always been denominated conquests, appear equally violent, or +were attended with so sudden an alteration both of power and property. +The Roman state, which spread its dominion over Europe, left the +rights of individuals in a great measure untouched; and those +civilized conquerors, while they made their own country the seat of +empire, found that they could draw most advantage from the subjected +provinces, by securing to the natives the free enjoyment of their own +laws and of their private possessions. The barbarians who subdued the +Roman empire, though they settled in the conquered countries, yet +being accustomed to a rude uncultivated life, found a part only of the +land sufficient to supply all their wants; and they were not tempted +to seize extensive possessions, which they knew neither how to +cultivate nor enjoy. But the Normans and other foreigners, who +followed the standard of William, while they made the vanquished +kingdom the seat of government, were yet so far advanced in arts as to +be acquainted with the advantages of a large property; and having +totally subdued the natives, they pushed the rights of conquest (very +extensive in the eyes of avarice and ambition, however narrow in those +of reason) to the utmost extremity against them. Except the former +conquest of England by the Saxons themselves, who were induced, by +peculiar circumstances, to proceed even to the extermination of the +natives, it would be difficult to find in all history a revolution +more destructive, or attended with a more complete subjection of the +ancient inhabitants. Contumely seems even to have been wantonly added +to oppression [z]; and the natives were universally reduced to such a +state of meanness and poverty, that the English name became a term of +reproach; and several generations elapsed before one family of Saxon +pedigree was raised to any considerable honours; or could so much as +attain the rank of baron of the realm [a]. These facts are so +apparent from the whole tenour of the English history, that none would +have been tempted to deny or elude them, were they not heated by the +controversies of faction; while one party was ABSURDLY afraid of those +ABSURD consequences, which they saw the other party inclined to draw +from this event. But it is evident that the present rights and +privileges of the people, who are a mixture of English and Normans, +can never be affected by a transaction, which passed seven hundred +years ago; and as all ancient authors [b] who lived nearest the time, +and best knew the state of the country, unanimously speak of the +Norman dominion as a conquest by war and arms, no reasonable man, from +the fear of imaginary consequences, will ever be tempted to reject +their concurring and undoubted testimony. +[FN [y] Hoveden, p. 600. [z] H. Hunt. p. 370. Brompton, p. 980. [a] +So late as the reign of King Stephen, the Earl of Albemarle, before +the battle of the Standard, addressed the officers of his army in +these terms, PROCERES ANGLIAE CLARISSIMI ET GENERE NORMANNI, &c. +Brompton, p. 1026. See farther Abbas Rieval, p. 339, &c. All the +barons and military men of England still called themselves Normans. +[b] See note [L], at the end of the volume.] + +King William had issue, besides his three sons who survived him, five +daughters, to wit, (1.) Cicely, a nun in the monastery of Feschamp, +afterwards abbess in the Holy Trinity at Caen, where she died in 1127. +(2.) Constantia, married to Alan Fergent, Earl of Britany. She died +without issue. (3.) Alice, contracted to Harold. (4.) Adela, married +to Stephen, Earl of Blois, by whom she had four sons, William, +Theobald, Henry, and Stephen; of whom the elder was neglected on +account of the imbecility of his understanding. (5.) Agatha, who died +a virgin, but was betrothed to the King of Gallicia. She died on her +journey thither, before she joined her bridegroom. + + + + +CHAPTER V. + +WILLIAM RUFUS. + +ACCESSION OF WILLIAM RUFUS.--CONSPIRACY AGAINST THE KING.—INVASION OF +NORMANDY.--THE CRUSADES.--ACQUISITION OF NORMANDY.—QUARREL WITH +ANSELM, THE PRIMATE.--DEATH AND CHARACTER OF WILLIAM RUFUS + + + +[MN 1087. Accession of William Rufus.] +William, surnamed RUFUS, or the RED, from the colour of his hair, had +no sooner procured his father's recommendatory letter to Lanfranc, the +primate, than he hastened to take measures for securing to himself the +government of England. Sensible that a deed so unformal, and so +little prepared, which violated Robert's right of primogeniture, might +meet with great opposition, he trusted entirely for success to his own +celerity; and having left St. Gervas, while William was breathing his +last, he arrived in England before intelligence of his father's death +had reached that kingdom [a]. Pretending orders from the king, he +secured the fortresses of Dover, Pevensey, and Hastings, whose +situation rendered them of the greatest importance; and he got +possession of the royal treasure at Winchester, amounting to the sum +of sixty thousand pounds, by which he hoped to encourage and increase +his partisans [b]. The primate, whose rank and reputation in the +kingdom gave him great authority, had been intrusted with the care of +his education, and had conferred on him the honour of knighthood [c]; +and being connected with him by these ties, and probably deeming his +pretensions just, declared that he would pay a willing obedience to +the last will of the Conqueror, his friend and benefactor. Having +assembled some bishops, and some of the principal nobility, he +instantly proceeded to the ceremony of crowning the new king [d]; and +by this despatch endeavoured to prevent all faction and resistance. +At the same time Robert, who had been already acknowledged successor +to Normandy, took peaceable possession of that duchy. +[FN [a] W. Malmes, p. 120. M. Paris, p. 10. [b] Chron. Sax. p. 192. +Brompton, p. 983. [c] W. Malmes. p. 120. M. Paris, p. 10. Thom. +Rudborne, p. 263. [d] Hoveden, p. 461.] + +[MN 1087. Conspiracy against the king.] +But though this partition appeared to have been made without any +violence or opposition, there remained in England many causes of +discontent, which seemed to menace that kingdom with a sudden +revolution. The barons, who generally possessed large estates both in +England and in Normandy, were uneasy at the separation of those +territories; and foresaw, that as it would be impossible for them to +preserve long their allegiance to two masters, they must necessarily +resign either their ancient patrimony or their new acquisitions [e]. +Robert’s title to the duchy they esteemed incontestable; his claim to +the kingdom plausible; and they all desired that this prince, who +alone had any pretensions to unite these states, should be put in +possession of both. A comparison also of the personal qualities of +the two brothers led them to give the preference to the elder. The +duke was brave, open, sincere, generous: even his predominant faults, +his extreme indolence and facility, were not disagreeable to those +haughty barons, who affected independence, and submitted with +reluctance to a vigorous administration in their sovereign. The king, +though equally brave, was violent, haughty, tyrannical, and seemed +disposed to govern more by the fear than by the love of his subjects. +Odo, Bishop of Baieux, and Robert, Earl of Mortaigne, maternal +brothers of the Conqueror, envying the great credit of Lanfranc, which +was increased by his late services, enforced all these motives with +their partisans, and engaged them in a formal conspiracy to dethrone +the king. They communicated their design to Eustace, Count of +Boulogne; Roger, Earl of Shrewsbury and Arundel; Robert de Belesme, +his eldest son; William, Bishop of Durham; Robert de Moubray; Roger +Bigod; Hugh de Grentmesnil; and they easily procured the assent of +these potent noblemen. The conspirators, retiring to their castles, +hastened to put themselves in a military posture; and expecting to be +soon supported by a powerful army from Normandy, they had already +begun hostilities in many places. +[FN [e] Order. Vital. p. 666.] + +The king, sensible of his perilous situation, endeavoured to engage +the affections of the native English. As that people were now so +thoroughly subdued that they no longer aspired to the recovery of +their ancient liberties, and were content with the prospect of some +mitigation in the tyranny of the Norman princes, they zealously +embraced William's cause, upon receiving general promises of good +treatment, and of enjoying the license of hunting in the royal +forests. The king was soon in a situation to take the field; and as +he knew the danger of delay, he suddenly marched into Kent; where his +uncles had already seized the fortresses of Pevensey and Rochester. +These places he successively reduced by famine; and though he was +prevailed on by the Earl of Chester, William de Warenne, and Robert +Fitz-Hammon, who had embraced his cause, to spare the lives of the +rebels, he confiscated all their estates, and banished them the +kingdom [f]. This success gave authority to his negotiations with +Roger, Earl of Shrewsbury, whom he detached from the confederates; and +as his powerful fleet, joined to the indolent conduct of Robert, +prevented the arrival of the Norman succours, all the other rebels +found no resource but in flight or submission. Some of them received +a pardon; but the greater part were attainted; and the king bestowed +their estates on the Norman barons, who had remained faithful to him. +[FN [f] Chron. Sax. p. 195. Order. Vital. p. 668.] + +[MN 1089.] William, freed from the danger of these insurrections, +took little care of fulfilling his promises to the English, who still +found themselves exposed to the same oppresions which they had +undergone during the reign of the Conqueror, and which were rather +augmented by the insolent impetuous temper of the present monarch. +The death of Lanfranc, who retained great influence over him, gave +soon after a full career to his tyranny; and all orders of men found +reason to complain of an arbitrary and illegal administration. Even +the privileges of the church, held sacred in those days, were a feeble +rampart against his usurpations. He seized the temporalities of all +the vacant bishoprics and abbeys; he delayed the appointment of +successors to those dignities, that he might the longer enjoy the +profits of their revenue; he bestowed some of the church lands in +property on his captains and favourites; and he openly set to sale +such sees and abbeys as he thought proper to dispose of. Though the +murmurs of the ecclesiastics; which were quickly propagated to the +nation, rose high against this grievance, the terror of William's +authority, confirmed by the suppression of the late insurrections, +retained every one in subjection, and preserved general tranquillity +in England. + +[MN 1090. Invasion of Normandy.] +The king even thought himself enabled to disturb his brother in the +possession of Normandy. The loose and negligent administration of +that prince had emboldened the Norman barons to affect a great +independency; and their mutual quarrels and devastations had rendered +the whole territory a scene of violence and outrage. Two of them, +Walter and Odo, were bribed by William to deliver the fortresses of +St. Valori and Albemarle into his hands: others soon after imitated +the example of revolt; while Philip, King of France who ought to have +protected his vassal in the possession of his fief, was, after making +some efforts in his favour, engaged by large presents to remain +neuter. The duke had also reason to apprehend danger from the +intrigues of his brother Henry. This young prince, who had inherited +nothing of his father's great possessions, but some of his money, had +furnished Robert, while he was making his preparations against +England, with the sum of three thousand marks; and in return for so +slender a supply, had been put in possession of the Cotentin, which +comprehended near a third of the duchy of Normandy. Robert +afterwards, upon some suspicion, threw him into prison; but finding +himself exposed to invasion from the King of England, and dreading the +conjunction of the two brothers against him, he now gave Henry his +liberty, and even made use of his assistance in suppressing the +insurrections of his rebellious subjects. Conan, a rich burgess of +Rouen, had entered into a conspiracy to deliver that city to William; +but Henry, on the detection of his guilt, carried the traitor up to a +high tower, and with his own hands flung him from the battlements. + +The king appeared in Normandy at the head of an army; and affairs +seemed to have come to extremity between the brothers; when the +nobility on both sides, strongly connected by interest and alliances, +interposed and mediated an accommodation. The chief advantage of this +treaty accrued to William, who obtained possession of the territory of +Eu, the towns of Aumale, Fescamp, and other places; but in return, he +promised that he would assist his brother in subduing Maine, which had +rebelled; and that the Norman barons, attainted in Robert's cause, +should be restored to their estates in England. The two brothers also +stipulated, that on the demise of either without issue, the survivor +should inherit all his dominions; and twelve of the most powerful +barons on each side swore, that they would employ their power to +ensure the effectual execution of the whole treaty [g]: a strong proof +of the great independence and authority of the nobles in those ages! +[FN [g] Chron. Sax. p. 197. W. Malmes. p. 121. Hoveden, p. 462. M. +Paris, p. 11. Annal. Waverl. p. 137. W. Heming. p. 463. Sim. +Dunelm. p. 216. Brompton, p. 986.] + +Prince Henry, disgusted that so little care had been taken of his +interests in this accommodation, retired to St. Michael's Mount, a +strong fortress on the coast of Normandy, and infested the +neighbourhood with his incursions. Robert and William, with their +joint forces, besieged him in this place, and had nearly reduced him +by the scarcity of water; when the elder, hearing of his distress, +granted him permission to supply himself, and also sent him some pipes +of wine for his own table. Being reproved by William for this +ill-timed generosity, he replied, WHAT, SHALL I SUFFER MY BROTHER TO +DIE OF THIRST? WHERE SHALL WE FIND ANOTHER WHEN HE IS GONE? The king +also, during this siege, performed an act of generosity which was less +suitable to his character. Riding out one day alone, to take a survey +of the fortress, he was attacked by two soldiers and dismounted. One +of them drew his sword in order to despatch him; when the king +exclaimed, HOLD, KNAVE! I AM THE KING OF ENGLAND. The soldier +suspended his blow; and raising the king from the ground, with +expressions of respect, received a handsome reward, and was taken into +his service. Prince Henry was soon after obliged to capitulate; and +being despoiled of all his patrimony, wandered about for some time +with very few attendants, and often in great poverty. + +[MN 1091.] The continued intestine discord among the barons was alone +in that age destructive; the public wars were commonly short and +feeble, produced little bloodshed, and were attended with no memorable +event. To this Norman war, which was so soon concluded, there +succeeded hostilities with Scotland, which were not of longer +duration. Robert here commanded his brother's army, and obliged +Malcolm to accept of peace, and do homage to the crown of England. +This peace was not more durable. [MN 1093.] Malcolm, two years +after, levying an army, invaded England; and after ravaging +Northumberland, he laid siege to Alnwick, where a party of Earl +Moubray's troops falling upon him by surprise, a sharp action ensued, +in which Malcolm was slain. This incident interrupted for some years +the regular succession to the Scottish crown. Though Malcolm left +legitimate sons, his brother, Donald, on account of the youth of these +princes, was advanced to the throne; but kept not long possession of +it. Duncan, natural son of Malcolm, formed a conspiracy against him; +and being assisted by William with a small force, made himself master +of the kingdom. New broils ensued with Normandy. The frank, open, +remiss temper of Robert was ill fitted to withstand the interested, +rapacious character of William, who, supported by greater power, was +still encroaching on his brother's possessions, and instigating his +turbulent barons to rebellion against him. [MN 1094.] The king, +having gone over to Normandy to support his partisans, ordered an army +of twenty thousand men to be levied in England and to be conducted to +the sea-coast, as if they were instantly to be embarked. Here Ralph +Flambard, the king's minister, and the chief instrument of his +extortions, exacted ten shillings a-piece from them, in lieu of their +service, and then dismissed them into their several counties. This +money was so skilfully employed by William that it rendered him better +service than he could have expected from the army. He engaged the +French king by new presents to depart from the protection of Robert, +and he daily bribed the Norman barons to desert his service; but was +prevented from pushing his advantages by an incursion of the Welsh, +which obliged him to return to England. He found no difficulty in +repelling the enemy; but was not able to make any considerable +impression on a country guarded by its mountainous situation. [MN +1095.] A conspiracy of his own barons, which was detected at this +time, appeared a more serious concern, and engrossed all his +attention. Robert Moubray, Earl of Northumberland, was at the head +of this combination; and he engaged in it the Count d'Eu, Richard de +Tunbridge, Roger de Lacy, and many others. The purpose of the +conspirators was to dethrone the king, and to advance in his stead +Stephen, Count of Aumale, nephew to the Conqueror. William's despatch +prevented the design from taking effect, and disconcerted the +conspirators. Moubray made some resistance, but being taken prisoner, +was attainted, and thrown into confinement, where he died about thirty +years after. [MN 1096.] The Count d'Eu denied his concurrence in the +plot; and to justify himself, fought, in the presence of the court at +Windsor, a duel with Geoffrey Bainard, who accused him. But being +worsted in the combat, he was condemned to be castrated, and to have +his eyes put out. William de Alderi, another conspirator, was +supposed to be treated with more rigour, when he was sentenced to be +hanged. + +[MN The Crusades.] +But the noise of these petty wars and commotions was quite sunk in the +tumult of the crusades, which now engrossed the attention of Europe, +and have ever since engaged the curiosity of mankind, as the most +signal and most durable monument of human folly that has yet appeared +in any age or nation. After Mahomet had, by means of his pretended +revelations, united the dispersed Arabians under one head, they issued +forth from their deserts in great multitudes; and being animated with +zeal for their new religion, and supported by the vigour of their new +government, they made deep impression on the eastern empire, which was +far in the decline, with regard both to military discipline and to +civil policy. Jerusalem, by its situation, became one of their most +early conquests; and the Christians had the mortification to see the +holy sepulchre, and the other places, consecrated by the presence of +their religious founder, fallen into the possession of infidels. But +the Arabians or Saracens were so employed in military enterprises, by +which they spread their empire, in a few years, from the banks of the +Ganges to the Straits of Gibraltar, that they had no leisure for +theological controversy; and though the Alcoran, the original monument +of their faith, seems to contain some violent precepts, they were much +less infected with the spirit of bigotry and persecution than the +indolent and speculative Greeks, who were continually refining on the +several articles of their religious system. They gave little +disturbance to those zealous pilgrims who daily flocked to Jerusalem; +and they allowed every man, after paying a moderate tribute, to visit +the holy sepulchre, to perform his religious duties, and to return in +peace. But the Turcomans or Turks, a tribe of Tartars, who had +embraced Mahometanism, having wrested Syria from the Saracens, and +having, in the year 1065, made themselves masters of Jerusalem, +rendered the pilgrimage much more difficult and dangerous to the +Christians. The barbarity of their manners, and the confusions +attending their unsettled government, exposed the pilgrims to many +insults, robberies, and extortions; and these zealots, returning from +their meritorious fatigues and sufferings, filled all Christendom with +indignation against the infidels, who profaned the holy city by their +presence, and derided the sacred mysteries in the very place of their +completion. Gregory VII., among the other vast ideas which he +entertained, had formed the design of uniting all the western +Christians against the Mahometans; but the egregious and violent +invasions of that pontiff on the civil power of princes had created +him so many enemies, and had rendered his schemes so suspicious, that +he was not able to make great progress in this undertaking. The work +was reserved for a meaner instrument, whose low condition in life +exposed him to no jealousy, and whose folly was well calculated to +coincide with the prevailing principles of the times. + +Peter, commonly called the Hermit, a native of Amiens in Picardy, had +made the pilgrimage to Jerusalem. Being deeply affected with the +dangers to which that act of piety now exposed the pilgrims, as well +as with the instances of oppression under which the eastern Christians +laboured, he entertained the bold, and in all appearance +impracticable, project of leading into Asia, from the farthest +extremities of the West, armies sufficient to subdue those potent and +warlike nations which now held the holy city in subjection [h]. He +proposed his views to Martin II., who filled the papal chair, and who, +though sensible of the advantages which the head of the Christian +religion must reap from a religious war, and though he esteemed the +blind zeal of Peter a proper means for effecting the purpose [i], +resolved not to interpose his authority, till he saw a greater +probability of success. He summoned a council at Placentia, which +consisted of four thousand ecclesiastics, and thirty thousand +seculars; and which was so numerous that no hall could contain the +multitude, and it was necessary to hold the assembly in a plain. The +harangues of the pope, and of Peter himself, representing the dismal +situation of their brethren in the East, and the indignity suffered by +the Christian name, in allowing the holy city to remain in the hands +of infidels, here found the minds of men so well prepared, that the +whole multitude, suddenly and violently, declared for the war, and +solemnly devoted themselves to perform this service, so meritorious, +as they believed it, to God and religion. +[FN [h] Gul. Tyrius, lib. 1. cap. 11. M. Paris, p. 17. [i] Gul. +Tyrius, lib. 1. cap. 13.] + +But though Italy seemed thus to have zealously embraced the +enterprise, Martin knew that, in order to ensure success, it was +necessary to enlist the greater and more warlike nations in the same +engagement; and having previously exhorted Peter to visit the chief +cities and sovereigns of Christendom, he summoned another council at +Clermont in Auvergne [k]. The fame of this great and pious design +being now universally diffused, procured the attendance of the +greatest prelates, nobles, and princes; and when the pope and the +Hermit renewed their pathetic exhortations, the whole assembly, as if +impelled by an immediate inspiration, not moved by their preceding +impressions, exclaimed with one voice, IT IS THE WILL OF GOD! IT IS +THE WILL OF GOD! Words deemed so memorable, and so much the result of +a divine influence, that they were employed as the signal of +rendezvous and battle in all the future exploits of those adventurers +[l]. Men of all ranks flew to arms with the utmost ardour; and an +exterior symbol too, a circumstance of chief moment, was here chosen +by the devoted combatants. The sign of the cross, which had been +hitherto so much revered among Christians, and which, the more it was +an object of reproach among the pagan world, was the more passionately +cherished by them, became the badge of union, and was affixed to the +right shoulder, by all who enlisted themselves in this sacred warfare +[m]. +[FN [k] Concil. tom. x. Concil. Clarom. Matth. Paris, p. 16. M. +West. p. 233. [l] Historia Bell. Sacri, tom. i. Musaei Ital. [m] +Hist. Bell. Sacri, tom. i. Mus. Ital. Order. Vital. p. 721.] + +Europe was at this time sunk into profound ignorance and superstition: +the ecclesiastics had acquired the greatest ascendant over the human +mind: the people, who, being little restrained by honour, and less by +law, abandoned themselves to the worst crimes and disorders, knew of +no other expiation than the observances imposed on them by their +spiritual pastors; and it was easy to represent the holy war as an +equivalent for all penances [n], and an atonement for every violation +of justice and humanity. But, amidst the abject superstition which +now prevailed, the military spirit also had universally diffused +itself; and though not supported by art or discipline, was become the +general passion of the nations governed by the feudal law. All the +great lords possessed the right of peace and war: they were engaged in +perpetual hostilities with each other: the open country was become a +scene of outrage and disorder: the cities, still mean and poor, were +neither guarded by walls, nor protected by privileges, and were +exposed to every insult: individuals were obliged to depend for safety +on their own force, or their private alliances: and valour was the +only excellence which was held in esteem, or gave one man the +pre-eminence above another. When all the particular superstitions, +therefore, were here united in one great object, the ardour for +military enterprises took the same direction; and Europe, impelled by +its two ruling passions, was loosened, as it were, from its +foundations, and seemed to precipitate itself in one united body upon +the East. +[FN [n] Order. Vital. p. 720.] + +All orders of men, deeming the crusades the only road to Heaven, +enlisted themselves under these sacred banners, and were impatient to +open the way with their sword to the holy city. Nobles, artisans, +peasants, even priests [o], enrolled their names; and to decline this +meritorious service, was branded with the reproach of impiety, or what +perhaps was esteemed still more disgraceful, of cowardice and +pusillanimity [p]. The infirm and aged contributed to the expedition +by presents and money; and many of them, not satisfied with the merit +of this atonement, attended it in person, and were determined, if +possible, to breathe their last in sight of that city where their +Saviour had died for them. Women themselves, concealing their sex +under the disguise of armour, attended the camp; and commonly forgot +still more the duty of their sex, by prostituting themselves, without +reserve, to the army [q]. The greatest criminals were forward in a +service which they regarded as a propitiation for all crimes; and the +most enormous disorders were, during the course of those expeditions, +committed by men inured to wickedness, encouraged by example, and +impelled by necessity. The multitude of the adventurers soon became +so great, that their more sagacious leaders, Hugh, Count of +Vermandois, brother to the French king, Raymond, Count of Toulouse, +Godfrey of Bouillon, Prince of Brabant, and Stephen, Count of Blois, +became apprehensive lest the greatness itself of the armament should +disappoint its purpose; and they permitted an undisciplined multitude, +computed at three hundred thousand men, to go before them, under the +command of Peter the Hermit, and Walter the Moneyless [s]. These men +took the road towards Constantinople through Hungary and Bulgaria; and +trusting that Heaven, by supernatural assistance, would supply all +their necessities, they made no provision for subsistence on their +march. They soon found themselves obliged to obtain by plunder what +they had vainly expected from miracles; and the enraged inhabitants of +the countries through which they passed, gathering together in arms, +attacked the disorderly multitude, and put them to slaughter without +resistance. The more disciplined armies followed after; and passing +the straits at Constantinople, they were mustered in the plains of +Asia, and amounted in the whole to the number of seven hundred +thousand combatants [t]. +[FN [o] Order. Vital. p. 720. [p] W. Malm. p. 133. [q] Vertot, Hist. +de Chev. de Malte, vol. i. p. 46. [r] Sim. Dunelm. p. 222. [s] +Matth. Paris, p. 17. [t] Matth. Paris, p. 20, 21.] + +Amidst this universal frenzy, which spread itself by contagion +throughout Europe, especially in France and Germany, men were not +entirely forgetful of their present interests; and both those who went +on this expedition, and those who stayed behind, entertained schemes +of gratifying, by its means, their avarice or their ambition. The +nobles who enlisted themselves were moved, from the romantic spirit of +the age, to hope for opulent establishments in the East, the chief +seat of arts and commerce during those ages; and in pursuit of these +chimerical projects, they sold at the lowest price their ancient +castles and inheritances, which had now lost all value in their eyes. +The greater princes, who remained at home, besides establishing peace +in their dominions by giving occupation abroad to the inquietude and +martial disposition of their subjects, took the opportunity of +annexing to their crown many considerable fiefs, either by purchase, +or by the extinction of heirs. The pope frequently turned the zeal of +the crusaders from the infidels against his own enemies, whom he +represented as equally criminal with the enemies of Christ. The +convents and other religious societies bought the possessions of the +adventurers, and as the contributions of the faithful were commonly +intrusted to their management, they often diverted to this purpose +what was intended to be employed against the infidels [u]. But no one +was a more immediate gainer by this epidemic fury than the King of +England, who kept aloof from all connexions with those fanatical and +romantic warriors. +[FN [u] Padre Paolo Hist. delle benef. ecclesiast. p. 128.] + +[MN Acquisition of Normandy.] +Robert, Duke of Normandy, impelled by the bravery and mistaken +generosity of his spirit, had early enlisted himself in the crusade; +but being always unprovided with money, he found that it would be +impracticable for him to appear in a manner suitable to his rank and +station, at the head of his numerous vassals and subjects, who, +transported with the general rage, were determined to follow him into +Asia. He resolved, therefore, to mortgage, or rather to sell his +dominion; which he had not talents to govern; and he offered them to +his brother William for the very unequal sum of ten thousand marks +[w]. The bargain was soon concluded: the king raised the money by +violent extortions on his subjects of all ranks, even on the convents, +who were obliged to melt their plate in order to furnish the quota +demanded of them [x]: he was put in possession of Normandy and Maine, +and Robert, providing himself with a magnificent train, set out for +the Holy Land, in pursuit of glory, and in full confidence of securing +his eternal salvation. +[FN [w] W. Malm. p. 123. Chron. T. Wykes. p. 24. Annal. Waverl. p. +139. W. Heming. p. 467. Flor. Wig. p. 648. Sim. Dunelm. p. 222. +Knyghton, p. 2564. [x] Eadmer, p. 35. W. Malm. p. 123. W. Heming. +p. 467.] + +The smallness of this sum, with the difficulties which William found +in raising it, suffices alone to refute the account which is +heedlessly adopted by historians, of the enormous revenue of the +Conqueror. Is it credible that Robert would consign to the rapacious +hands of his brother such considerable dominion, for a sum, which, +according to that account, made not a week's income of his father's +English revenue alone? Or that the King of England could not on +demand, without oppressing his subjects, have been able to pay him the +money? The Conqueror, it is agreed, was frugal as well as rapacious; +yet his treasure, at his death, exceeded not sixty thousand pounds, +which hardly amounted to his income for two months: another certain +refutation of that exaggerated account. + +The fury of the crusades, during this age, less infected England than +the neighbouring kingdoms; probably because the Norman conquerors, +finding their settlement in that kingdom still somewhat precarious, +durst not abandon their homes in quest of distant adventures. The +selfish interested spirit also of the king, which kept him from +kindling in the general flame, checked its progress among his +subjects: and as he is accused of open profaneness [y], and was endued +with a sharp wit [z], it is likely that he made the romantic chivalry +of the crusaders the object of his perpetual raillery. As an instance +of his irreligion, we are told, that he once accepted of sixty marks +from a Jew, whose son had been converted to Christianity, and who +engaged him by that present to assist him in bringing back the youth +to Judaism. William employed both menaces and persuasion for that +purpose; but finding the convert obstinate in his new faith, he sent +for the father and told him, that as he had not succeeded, it was not +just that he should keep the present; but as he had done his utmost, +it was but equitable that he should be paid for his pains; and he +would therefore retain only thirty marks of the money [a]. At another +time, it is said, he sent for some learned Christian theologians and +some rabbies, and bade them fairly dispute the question of their +religion in his presence: he was perfectly indifferent between them; +had his ears open to reason and conviction; and would embrace that +doctrine which upon comparison should be found supported by the most +solid arguments [b]. If this story be true, it is probable that he +meant only to amuse himself by turning both into ridicule: but we must +be cautious of admitting every thing related by the monkish historians +to the disadvantage of this prince: he had the misfortune to be +engaged in quarrels with the ecclesiastics, particularly with Anselm, +commonly called St. Anselm, Archbishop of Canterbury; and it is no +wonder his memory should be blackened by the historians of that order. +[FN [y] G. Newbr. p. 358. W. Gemet. p. 292. [z] W. Malm. p. 122. +[a] Eadmer, p. 47. [b] W. Malm. p. 123.] + +[MN Quarrel the Anselm, the primate.] +After the death of Lanfranc, the king, for several years, retained in +his own hands the revenues of Canterbury, as he did those of many +other vacant bishoprics; but falling into a dangerous sickness, he was +seized with remorse, and the clergy represented to him, that he was in +danger of eternal perdition, if before his death he did not make +atonement for those multiplied impieties and sacrileges of which he +had been guilty [c]. He resolved therefore to supply instantly the +vacancy of Canterbury; and for that purpose he sent for Anselm, a +Piedmontese by birth, Abbot of Bec in Normandy, who was much +celebrated for his learning and piety. The abbot earnestly refused +the dignity, fell on his knees, wept, and entreated the king to change +his purpose [d]; and when he found the prince obstinate in forcing the +pastoral staff upon him, he kept his fist so fast clenched, that it +required the utmost violence of the bystanders to open it, and force +him to receive that ensign of spiritual dignity [e]. William soon +after recovered; and his passions regaining their wonted vigour, he +returned to his former violence and rapine. He detained in prison +several persons whom he had ordered to be freed during the time of his +penitence; he still preyed upon the ecclesiastical benefices; the sale +of spiritual dignities continued as open as ever; and he kept +possession of a considerable part of the revenues belonging to the see +of Canterbury [f]. But he found in Anselm that persevering opposition +which he had reason to expect from the ostentatious humility which +that prelate had displayed in refusing his promotion. +[FN [c] Eadmer, p. 16. Chron. Sax. p. 198. [d] Eadmer, p. 17. +Diceto, p. 494. [e] Eadmer, p. 18. [f] Eadmer, p. 19, 43. Chron. +Sax. p. 119.] + +The opposition made by Anselm was the more dangerous on account of the +character of piety which he soon acquired in England by his great zeal +against all abuses, particularly those in dress and ornament. There +was a mode, which, in that age, prevailed throughout Europe, both +among men and women, to give an enormous length to their shoes, to +draw the toe to a sharp point, and to affix to it the figure of a +bird's bill, or some such ornament, which was turned upwards, and +which was often sustained by gold or silver chains tied to the knee +[g]. The ecclesiastics took exception at this ornament, which they +said was an attempt to belie the scripture, where it is affirmed, that +no man can add a cubit to his stature; and they declaimed against it +with great vehemence, nay, assembled some synods, who absolutely +condemned it. But, such are the strange contradictions in human +nature! though the clergy, at that time, could overturn thrones, and +had authority sufficient to send above a million of men on THEIR +errand to the deserts of Asia, they could never prevail against these +long pointed shoes: on the contrary, that caprice, contrary to all +other modes, maintained its ground during several centuries; and if +the clergy had not at last desisted from their persecution of it, it +might still have been the prevailing fashion in Europe. +[FN [g] Order. Vital. p. 682. W. Malmes. p. 123. Knyghton, p. 2369.] + +But Anselm was more fortunate in decrying the particular mode which +was the object of his aversion, and which probably had not taken such +fast hold of the affections of the people. He preached zealously +against the long hair and curled locks which were then fashionable +among the courtiers; he refused the ashes on Ash-Wednesday to those +who were so accoutred; and his authority and eloquence had such +influence, that the young men universally abandoned that ornament, and +appeared in the cropped hair, which was recommended to them by the +sermons of the primate. The noted historian of Anselm, who was also +his companion and secretary, celebrates highly this effort of his zeal +and piety [h]. +[FN [h] Eadmer, p. 23.] + +When William's profaneness therefore returned to him with his health, +he was soon engaged in controversies with this austere prelate. There +was at that time a schism in the church between Urban and Clement, who +both pretended to the papacy [i]; and Anselm, who, as Abbot of Bec, +had already acknowledged the former, was determined, without the +king's consent, to introduce his authority into England [k]. William, +who, imitating his father's example, had prohibited his subjects from +recognizing any pope whom he had not previously received, was enraged +at this attempt; and summoned a synod at Rockingham, with an intention +of deposing Anselm: but the prelate's suffragans declared, that +without the papal authority, they knew of no expedient for inflicting +that punishment on their primate [l]. The king was at last engaged by +other motives to give the preference to Urban's title: Anselm received +the pall from that pontiff; and matters seemed to be accommodated +between the king and the primate [m], when the quarrel broke out +afresh from a new cause. William had undertaken an expedition against +Wales, and required the archbishop to furnish his quota of soldiers +for that service; but Anselm, who regarded the demand as an oppression +on the church, and yet durst not refuse compliance, sent them so +miserably accoutred, that the king was extremely displeased, and +threatened him with a prosecution [n]. Anselm, on the other hand, +demanded positively that all the revenues of his see should be +restored to him; appealed to Rome against the king's injustice [o]; +and affairs came to such extremities, that the primate, finding it +dangerous to remain in the kingdom, desired and obtained the king's +permission to retire beyond sea. All his temporalities were seized +[p]; but he was received with great respect by Urban, who considered +him as a martyr in the cause of religion, and even menaced the king on +account of his proceedings against the primate and the church, with +the sentence of excommunication. Anselm assisted at the council of +Bari, where, besides fixing the controversy between the Greek and +Latin churches, concerning the procession of the Holy Ghost [q], the +right of election to church preferments was declared to belong to the +clergy alone, and spiritual censures were denounced against all +ecclesiastics, who did homage to laymen for their sees or benefices, +and against all laymen who exacted it [r]. The right of homage, by +the feudal customs, was, that the vassal should throw himself on his +knees, should put his joined hands between those of his superior, and +should in that posture swear fealty to him [s]. But the council +declared it execrable, that pure hands, which could create God, and +could offer him up as a sacrifice for the salvation of mankind, should +be put, after this humiliating manner, between profane hands, which, +besides being inured to rapine and bloodshed, were employed day and +night in impure purposes, and obscene contacts [t]. Such were the +reasonings prevalent in that age; reasonings which, though they cannot +be passed over in silence, without omitting the most curious, and +perhaps not the least instructive part of history, can scarcely be +delivered with the requisite decency and gravity. +[FN [i] Hoveden, p. 463. [k] Eadmer, p. 25. M. Paris, p. 13. +Diceto, p. 494. Spellm. Conc. vol ii. p. 16. [l] Eadmer, p. 30. [m] +Diceto, p. 495. [n] Eadmer, p. 37, 43. [o] Ibid. p. 40. [p] M. +Paris, p. 13. Parker, p. 178. [q] Eadmer, p. 49. M. Paris, p. 13. +Sim. Dun. p. 224. [r] M. Paris, p. 14. [s] Spellman, Du Cange, in +verb. HOMINIUM. [t] W. Heming. p. 467. Flor. Wigorn. p. 649. Sim. +Dunelm. p. 224. Brompton, p. 994.] + +[MN 1097.] The cession of Normandy and Maine by Duke Robert increased +the king's territories; but brought him no great increase of power, +because of the unsettled state of those countries, the mutinous +disposition of the barons, and the vicinity of the French king, who +supported them in all their insurrections. Even Helie, Lord of La +Fleche, a small town in Anjou, was able to give him inquietude; and +this great monarch was obliged to make several expeditions abroad, +without being able to prevail over so petty a baron, who had acquired +the confidence and affections of the inhabitants of Maine. He was, +however, so fortunate as at last to take him prisoner in a rencounter; +but having released him at the intercession of the French king and the +Count of Anjou, he found the province of Maine still exposed to his +intrigues and incursions. Helie, being introduced by the citizens +into the town of Mans, besieged the garrison in the citadel: [MN +1099.] William, who was hunting in the new forest when he received +intelligence of this hostile attempt, was so provoked, that he +immediately turned his horse, and galloped to the sea-shore at +Dartmouth; declaring, that he would not stop a moment till he had +taken vengeance for the offence. He found the weather so cloudy and +tempestuous, that the mariners thought it dangerous to put to sea: but +the king hurried on board, and ordered them to set sail instantly; +telling them, that they never yet heard of a king that was drowned +[u]. By this vigour and celerity, he delivered the citadel of Mans +from its present danger: and pursuing Helie into his own territories, +he laid siege to Majol, a small castle in those parts: [MN 1100.] but +a wound, which he received before this place, obliged him to raise the +siege; and he returned to England. +[FN [u] W. Malm. p. 124. H. Hunt. p. 378. M. Paris, p. 36. Ypod. +Neust p. 442.] + +The weakness of the greatest monarchs, during this age, in their +military expeditions against their nearest neighbours, appears the +more surprising, when we consider the prodigious numbers which even +petty princes, seconding the enthusiastic rage of the people, were +able to assemble, and to conduct in dangerous enterprises to the +remote provinces of Asia. William, Earl of Poitiers and Duke of +Guienne, inflamed with the glory, and not discouraged by the +misfortunes, which had attended the former adventurers in the +crusades, had put himself at the head of an immense multitude, +computed by some historians to amount to sixty thousand horse, and a +much greater number of foot [w], and he purposed to lead them into the +Holy Land against the infidels. He wanted money to forward the +preparations requisite for this expedition, and he offered to mortgage +all his dominions to William, without entertaining any scruple on +account of that rapacious and iniquitous hand to which he resolved to +consign them [x]. The king accepted the offer, and had prepared a +fleet and an army, in order to escort the money, and take possession +of the rich provinces of Guienne and Poictou; [MN 2d August.] when an +accident put an end to his life, and to all his ambitious projects. +He was engaged in hunting, the sole amusement, and indeed the chief +occupation of princes in those rude times, when society was little +cultivated, and the arts afforded few objects worthy of attention. +Walter Tyrrel, a French gentleman, remarkable for his address in +archery, attended him in this recreation, of which the new forest was +the scene; and as William had dismounted after a chase, Tyrrel, +impatient to show his dexterity, let fly an arrow at a stag, which +suddenly started before him. The arrow, glancing from a tree, struck +the king in the breast, and instantly slew him [y]; while Tyrrel, +without informing any one of the accident, put spurs to his horse, +hastened to the sea-shore, embarked for France, and joined the crusade +in an expedition to Jerusalem; a penance which he imposed on himself +for this involuntary crime. The body of William was found in the +forest by the country people, and was buried without any pomp or +ceremony at Winchester. His courtiers were negligent in performing +the last duties to a master who was so little beloved; and every one +was too much occupied in the interesting object of fixing his +successor, to attend the funeral of a dead sovereign. +[FN [w] W. Malm. p. 149. The whole is said by Order. Vital., p. 789, +to amount to three hundred thousand men. [x] W. Malmes. p. 127. [y] +Ibid. p. 126. H. Hunt. p. 378. M. Paris, p. 37. Petr. Blois, p. +110.] + +[MN Death and character of William Rufus.] +The memory of this monarch is transmitted to us with little advantage +by the churchmen, whom he had offended; and though we may suspect, in +general, that their account of his vices is somewhat exaggerated, his +conduct affords little reason for contradicting the character which +they have assigned him, or for attributing to him any very estimable +qualities. He seems to have been a violent and tyrannical prince; a +perfidious, encroaching, and dangerous neighbour; an unkind and +ungenerous relation. He was equally prodigal and rapacious in the +management of his treasury; and if he possessed abilities, he lay so +much under the government of impetuous passions, that he made little +use of them in his administration; and he indulged, without reserve, +that domineering policy, which suited his temper, and which, if +supported, as it was in him, with courage and vigour, proves often +more successful in disorderly times, than the deepest foresight and +most refined artifice. + +The monuments which remain of this prince in England, are the Tower, +Westminster-hall, and London-bridge, which he built. The most +laudable foreign enterprise which he undertook, was the sending of +Edgar Atheling, three years before his death, into Scotland with a +small army, to restore Prince Edgar, the true heir of that kingdom, +son of Malcolm, and of Margaret, sister of Edgar Atheling; and the +enterprise proved successful. It was remarked in that age, that +Richard, an elder brother of William's, perished by an accident in the +new forest; Richard, his nephew, natural son of Duke Robert, lost his +life in the same place, after the same manner; and all men, upon the +king's fate, exclaimed, that, as the Conqueror had been guilty of +extreme violence, in expelling all the inhabitants of that large +district to make room for his game, the just vengeance of Heaven was +signalized, in the same place, by the slaughter of his posterity. +William was killed in the thirteenth year of his reign, and about the +fortieth of his age. As he was never married, he left no legitimate +issue. + +In the eleventh year of this reign, Magnus, King of Norway, made a +descent on the Isle of Anglesea, but was repulsed by Hugh, Earl of +Shrewsbury. This is the last attempt made by the northern nations +upon England. That restless people seem about this time to have +learnt the practice of tillage, which thenceforth kept them at home, +and freed the other nations of Europe from the devastations spread +over them by those piratical invaders. This proved one great cause of +the subsequent settlement and improvement of the southern nations. + + + + +CHAPTER VI. + +HENRY I. + +THE CRUSADES.--ACCESSION OF HENRY.--MARRIAGE OF THE KING.--INVASION BY +DUKE ROBERT.--ACCOMMODATION WITH ROBERT.—ATTACK OF NORMANDY.--CONQUEST +OF NORMANDY.--CONTINUATION OF THE QUARREL WITH ANSELM, THE PRIMATE.-- +COMPROMISE WITH HIM.—WARS ABROAD.--DEATH OF PRINCE WILLIAM.--KING'S +SECOND MARRIAGE.--DEATH AND CHARACTER OF HENRY + + + +[MN 1100. The Crusades.] +After the adventurers in the holy war were assembled on the banks of +the Bosphorus, opposite to Constantinople, they proceeded on their +enterprise; but immediately experienced those difficulties which their +zeal had hitherto concealed from them, and for which, even if they had +foreseen them, it would have been almost impossible to provide a +remedy. The Greek emperor, Alexius Comnenus, who had applied to the +western Christians for succour against the Turks, entertained hopes, +and those but feeble ones, of obtaining such a moderate supply, as, +acting under his command, might enable him to repulse the enemy: but +he was extremely astonished to see his dominions overwhelmed, on a +sudden, by such an inundation of licentious barbarians, who, though +they pretended friendship, despised his subjects as unwarlike, and +detested them as heretical. By all the arts of policy, in which he +excelled, he endeavoured to divert the torrent; but while he employed +professions, caresses, civilities, and seeming services towards the +leaders of the crusade, he secretly regarded those imperious allies as +more dangerous than the open enemies by whom his empire had been +formerly invaded. Having effected that difficult point of +disembarking them safely in Asia, he entered into a private +correspondence with Soliman, Emperor of the Turks; and practised every +insidious art, which his genius, his power, or his situation enabled +him to employ, for disappointing the enterprise, and discouraging the +Latins from making thenceforward any such prodigious migrations. His +dangerous policy was seconded by the disorders inseparable from so +vast a multitude, who were not united under one head, and were +conducted by leaders of the most independent, intractable spirit, +unacquainted with military discipline, and determined enemies to civil +authority and submission. The scarcity of provisions, the excess of +fatigue, the influence of unknown climates, joined to the want of +concert in their operations, and to the sword of a warlike enemy, +destroyed the adventurers by thousands, and would have abated the +ardour of men impelled to war by less powerful motives. Their zeal, +however, their bravery, and their irresistible force, still carried +them forward, and continually advanced them to the great end of their +enterprise. After an obstinate siege they took Nice, the seat of the +Turkish empire; they defeated Soliman in two great battles; they made +themselves masters of Antioch; and entirely broke the force of the +Turks, who had so long retained those countries in subjection: the +Soldan of Egypt, whose alliance they had hitherto courted, recovered, +on the fall of the Turkish power, his former authority in Jerusalem; +and he informed them by his ambassadors, that if they came disarmed to +that city, they might now perform their religious vows, and that all +Christian pilgrims, who should thenceforth visit the holy sepulchre, +might expect the same good treatment which they had ever received from +his predecessors. The offer was rejected; the soldan was required to +yield up the city to the Christians; and on his refusal, the champions +of the Cross advanced to the siege of Jerusalem, which they regarded +as the consummation of their labours. By the detachments which they +had made, and the disasters which they had undergone, they were +diminished to the number of twenty thousand foot and fifteen hundred +horse; but these were still formidable, from their valour, their +experience, and the obedience which, from past calamities, they had +learned to pay to their leaders. After a siege of five weeks, they +took Jerusalem by assault; and, impelled by a mixture of military and +religious rage, they put the numerous garrison and inhabitants to the +sword without distinction. Neither arms defended the valiant, nor +submission the timorous: no age or sex was spared: infants on the +breast were pierced by the same blow with their mothers, who implored +for mercy: even a multitude, to the number of ten thousand persons, +who had surrendered themselves prisoners, and were promised quarter, +were butchered in cool blood by those ferocious conquerors [a]. The +streets of Jerusalem were covered with dead bodies [b]; and the +triumphant warriors, after every enemy was subdued and slaughtered, +immediately turned themselves, with the sentiments of humiliation and +contrition, towards the holy sepulchre. They threw aside their arms, +still streaming with blood: they advanced with reclined bodies, and +naked feet and heads, to the sacred monument: they sung anthems to +their Saviour who had there purchased their salvation by his death and +agony: and their devotion, enlivened by the presence of the place +where he had suffered, so overcame their fury, that they dissolved in +tears, and bore the appearance of every soft and tender sentiment. So +inconsistent is human nature with itself! and so easily does the most +effeminate superstition ally, both with the most heroic courage and +with the fiercest barbarity! +[FN [a] Vertot, vol. i. p. 57. [b] M. Paris, p. 34. Order. Vital. p. +756. Diceto, p. 498.] + +This great event happened on the 5th of July, in the last year of the +eleventh century. The Christian princes and nobles, after choosing +Godfrey of Bouillon King of Jerusalem, began to settle themselves in +their new conquests; while some of them returned to Europe, in order +to enjoy at home that glory which their valour had acquired them in +this popular and meritorious enterprise. Among these was Robert, Duke +of Normandy, who, as he had relinquished the greatest dominions of any +prince that attended the crusade, had all along distinguished himself +by the most intrepid courage, as well as by that affable disposition +and unbounded generosity which gain the hearts of soldiers, and +qualify a prince to shine in a military life. In passing through +Italy, he became acquainted with Sibylla, daughter of the Count of +Conversana, a young lady of great beauty and merit, whom he espoused: +indulging himself in this new passion, as well as fond of enjoying +ease and pleasure after the fatigues of so many rough campaigns, he +lingered a twelvemonth in that delicious climate; and though his +friends in the north looked every moment for his arrival, none of them +knew when they could with certainty expect it. By this delay he lost +the kingdom of England, which the great fame he had acquired during +the crusades, as well as his undoubted title, both by birth, and by +the preceding agreement with his deceased brother, would, had he been +present, have infallibly secured to him. + +[MN Accession of Henry.] +Prince Henry was hunting with Rufus in the new forest, when +intelligence of that monarch's death was brought him; and being +sensible of the advantage attending the conjuncture, he hurried to +Winchester, in order to secure the royal treasure, which he knew to be +a necessary implement for facilitating his designs on the crown. He +had scarcely reached the place when William of Breteuil, keeper of the +treasure, arrived, and opposed himself to Henry's pretensions. This +nobleman, who had been engaged in the same party of hunting, had no +sooner heard of his master's death, than he hastened to take care of +his charge; and he told the prince that this treasure, as well as the +crown, belonged to his elder brother, who was now his sovereign; and +that he himself, for his part, was determined, in spite of all other +pretensions, to maintain his allegiance to him. But Henry, drawing +his sword, threatened him with instant death if he dared to disobey +him; and as others of the late king's retinue, who came every moment +to Winchester, joined the prince's party, Breteuil was obliged to +withdraw his opposition, and to acquiesce in this insolence [c]. +[FN [c] Order. Vital. p. 782.] + +Henry, without losing a moment, hastened with the money to London; and +having assembled some noblemen and prelates, whom his address, or +abilities, or presents, gained to his side, he was suddenly elected, +or rather saluted, king, and immediately proceeded to the exercise of +royal authority. In less than three days after his brother's death, +the ceremony of his coronation was performed by Maurice, Bishop of +London, who was persuaded to officiate on that occasion [d]; and thus +by his courage and celerity, he intruded himself into the vacant +throne. No one had sufficient spirit or sense of duty to appear in +defence of the absent prince: all men were seduced or intimidated: +present possession supplied the apparent defects in Henry's title, +which was indeed founded on plain usurpation: and the barons, as well +as the people, acquiesced in a claim which, though it could neither be +justified nor comprehended, could now, they found, be opposed through +the perils alone of civil war and rebellion. +[FN [d] Chron. Sax. p. 208. Order. Vital. p. 783.] + +But as Henry foresaw that a crown, usurped against all rules of +justice, would sit unsteady on his head, he resolved, by fair +professions at least, to gain the affections of all his subjects. +Besides taking the usual coronation oath to maintain the laws and +execute justice, he passed a charter, which was calculated to remedy +many of the grievous oppressions which had been complained of during +the reigns of his father and brother [e]. He there promised, that, at +the death of any bishop or abbot, he never would seize the revenues of +the see or abbey during the vacancy, but would leave the whole to be +reaped by the successor; and that he would never let to farm any +ecclesiastical benefice, nor dispose of it for money. After this +concession to the church, whose favour was of so great importance, he +proceeded to enumerate the civil grievances which he purposed to +redress. He promised, that, upon the death of any earl, baron, or +military tenant, his heir should be admitted to the possession of his +estate, on paying a just and lawful relief; without being exposed to +such violent exactions as had been usual during the late reigns: he +remitted the wardship of minors, and allowed guardians to be +appointed, who should be answerable for the trust: he promised not to +dispose of any heiress in marriage but by the advice of all the +barons; and if any baron intended to give his daughter, sister, niece, +or kinswoman in marriage, it should only be necessary for him to +consult the king, who promised to take no money for his consent, nor +ever to refuse permission, unless the person to whom it was purposed +to many her should happen to be his enemy: he granted his barons and +military tenants the power of bequeathing, by will, their money or +personal estates; and if they neglected to make a will, he promised +that their heirs should succeed to them: he renounced the right of +imposing money-age, and of levying taxes at pleasure on the farms +which the barons retained in their own hands [f]: he made some general +professions of moderating fines: he offered a pardon for all offences; +and he remitted all debts due to the crown: he required that the +vassals of the barons should enjoy the same privileges which he +granted to his own barons: and he promised a general confirmation and +observance of the laws of King Edward. This is the substance of the +chief articles contained in that famous charter [g]. +[FN [e] Chron. Sax. p. 208. Sim. Dunelm. p. 225. [f] See Appendix +II. [g] M. Paris, p. 38. Hoveden, p. 468. Brompton, p. 1021. +Hagulstadt, p. 310.] + +To give greater authenticity to these concessions, Henry lodged a copy +of his charter in some abbey of each county, as if desirous that it +should be exposed to the view of all his subjects, and remain a +perpetual rule for the limitation and direction of his government: yet +it is certain, that, after the present purpose was served, he never +once thought, during his reign, of observing one single article of it; +and the whole fell so much into neglect and oblivion, that in the +following century, when the barons, who had heard an obscure tradition +of it, desired to make it the model of the great charter which they +exacted from King John, they could with difficulty find a copy of it +in the kingdom. But as to the grievances here meant to be redressed, +they were still continued in their full extent; and the royal +authority, in all those particulars, lay under no manner of +restriction. Reliefs of heirs, so capital an article, were never +effectually fixed till the time of Magna Charta [h]; and it is evident +that the general promise here given, of accepting a just and lawful +relief, ought to have been reduced to more precision, in order to give +security to the subject. The oppression of wardship and marriage was +perpetuated even till the reign of Charles II. And it appears from +Glanville [i], the famous justiciary of Henry II., that in his time, +where any man died intestate, an accident which must have been very +frequent when the art of writing was so little known, the king, or the +lord of the fief, pretended to seize all the movables, and to exclude +every heir, even the children of the deceased: a sure mark of a +tyrannical and arbitrary government. +[FN [h] Glanv. lib. 2. cap. 36. What is called a relief in the +Conqueror's laws, preserved by Ingulph, seems to have been the heriot; +since reliefs, as well as the other burdens of the feudal law, were +unknown in the age of the Confessor, whose laws these originally were. +[i] Lib. 7. cap. 16. This practice was contrary to the laws of King +Edward ratified by the Conqueror, as we learn from Ingulph, p. 91. +But laws had at this time very little influence: power and violence +governed every thing.] + +The Normans, indeed, who domineered in England, were, during this age, +so licentious a people, that they may be pronounced incapable of any +true or regular liberty; which requires such improvement in knowledge +and morals as can only be the result of reflection and experience, and +must grow to perfection during several ages of settled and established +government. A people so insensible to the rights of their sovereign +as to disjoint, without necessity, the hereditary succession, and +permit a younger brother to intrude himself into the place of the +elder, whom they esteemed, and who was guilty of no crime, but being +absent, could not expect that that prince would pay any greater regard +to their privileges, or allow his engagements to fetter his power and +debar him from any considerable interest or convenience. They had, +indeed, arms in their hands, which prevented the establishment of a +total despotism, and left their posterity sufficient power, whenever +they should attain a sufficient degree of reason, to assure true +liberty: but their turbulent disposition frequently prompted them to +make such use of their arms, that they were more fitted to obstruct +the execution of justice, than to stop the career of violence and +oppresion. The prince, finding that greater opposition was often made +to him when he enforced the laws than when he violated them, was apt +to render his own will and pleasure the sole rule of government; and, +at every emergence, to consider more the power of the persons whom he +might offend, than the rights of those whom he might injure. The very +form of this charter of Henry proves that the Norman barons (for they, +rather than the people of England, were chiefly concerned in it) were +totally ignorant of the nature of united monarchy, and were ill +qualified to conduct, in conjunction with their sovereign, the machine +of government. It is an act of his sole power, is the result of his +free grace, contains some articles which bind others as well as +himself, and is therefore unfit to be the deed of any one who +possesses not the whole legislative power, and who may not at pleasure +revoke all his concessions. + +Henry, farther to increase his popularity, degraded and committed to +prison Ralph Flambard, Bishop of Durham, who had been the chief +instrument of oppresion under his brother [k]: but this act was +followed by another, which was a direct violation of his own charter, +and was a bad prognostic of his sincere intentions to observe it: he +kept the see of Durham vacant for five years, and during that time +retained possession of all its revenues. Sensible of the great +authority which Anselm had acquired by his character of piety, and by +the persecutions which he had undergone from William, he sent repeated +messages to him at Lyons, where he resided, and invited him to return +and take possession of his dignities [l]. On the arrival of the +prelate, he proposed to him the renewal of that homage which he had +done his brother, and which he had never been refused by any English +bishop: but Anslem had acquired other sentiments by his journey to +Rome, and gave the king an absolute refusal. He objected to the +decrees of the council of Bari, at which he himself had assisted; and +he declared, that so far from doing homage for his spiritual dignity, +he would not so much as communicate with any ecclesiastic who paid +that submission, or who accepted of investitures from laymen. Henry; +who expected, in his present delicate situation, to reap great +advantages from the authority and popularity of Anselm, durst not +insist on his demand [m]: he only desired that the controversy might +be suspended: and that messengers might be sent to Rome, in order to +accommodate matters with the pope, and obtain his confirmation of the +laws and customs of England. +[FN [k] Chron. Sax. p. 208. W. Malm. p. 156. Matth. Paris, p. 39. +Alur. Beverl. p. 144. [l] Chron. Sax. p. 208. Order. Vital. p. 783. +Matth. Paris, p. 39. T. Rudborne, p. 273. [m] W. Malm. p. 225.] + +[MN 1100. Marriage of the king.] +There immediately occurred an important affair, in which the king was +obliged to have recourse to the authority of Anselm. Matilda, +daughter of Malcolm III., King of Scotland, and niece to Edgar +Atheling, had, on her father's death, and the subsequent revolutions +in the Scottish government, been brought to England, and educated +under her aunt Christina, in the nunnery of Rumsey. This princess +Henry purposed to marry; but as she had worn the veil, though never +taken the vows, doubts might arise concerning the lawfulness of the +act; and it behoved him to be very careful not to shock, in any +particular, the religious prejudices of his subjects. The affair was +examined by Anselm in a council of the prelates and nobles, which was +summoned at Lambeth; Matilda there proved that she had put on the +veil, not with the view of entering into a religious life, but merely +in consequence of a custom familiar to the English ladies, who +protected their chastity from the brutal violence of the Normans by +taking shelter under that habit [n], which, amidst the horrible +licentiousness of the times, was yet generally revered. The council, +sensible that even a princess had otherwise no security for her +honour, admitted this reason as valid; they pronounced that Matilda +was still free to marry [o] and her espousals with Henry were +celebrated by Anselm with great pomp and solemnity [p]. No act of the +king's reign rendered him equally popular with his English subjects, +and tended more to establish him on the throne. Though Matilda, +during the life of her uncle and brothers, was not heir of the Saxon +line, she was become very dear to the English on account of her +connexions with it: and that people, who, before the Conquest, had +fallen into a kind of indifference towards their ancient royal family, +had felt so severely the tyranny of the Normans, that they reflected +with extreme regret on their former liberty, and hoped for more equal +and mild administration, when the blood of their native princes should +be mingled with that of their new sovereigns [q]. +[FN [n] Eadmer, p. 57. [o] Ibid. [p] Hoveden, p. 468. [q] M. Paris, +p. 40.] + +[MN 1100. Invasion by Duke Robert.] +But the policy and prudence of Henry, which, if time had been allowed +for these virtues to produce their full effect, would have secured him +possession of the crown, ran great hazard of being frustrated by the +sudden appearance of Robert, who returned to Normandy about a month +after the death of his brother William. [MN 1101.] He took +possession, without opposition, of that duchy; and immediately made +preparations for recovering England, of which, during his absence, he +had, by Henry's intrigues, been so unjustly defrauded. The great fame +which he had acquired in the East forwarded his pretensions; and the +Norman barons, sensible of the consequences, expressed the same +discontent at the separation of the duchy and kingdom, which had +appeared on the accession of William. Robert de Belesme, Earl of +Shrewsbury and Arundel, William de la Warenne, Earl of Surrey, Arnulf +de Montgomery, Walter Giffard, Robert de Pontefract, Robert de Mallet, +Yvo de Grentmesnil, and many others of the principal nobility [r], +invited Robert to make an attempt upon England, and promised, on his +landing, to join him with all their forces. Even the seamen were +affected with the general popularity of his name, and they carried +over to him the greater part of a fleet which had been equipped to +oppose his passage. Henry, in this extremity, began to be +apprehensive for his life, as well as for his crown, and had recourse +to the superstition of the people, in order to oppose their sentiment +of justice. He paid diligent court to Anselm, whose sanctity and +wisdom he pretended to revere. He consulted him in all difficult +emergencies; seemed to be governed by him in every measure; promised a +strict regard to ecclesiastical privileges; professed a great +attachment to Rome, and a resolution of persevering in an implicit +obedience to the decrees of councils, and to the will of the sovereign +pontiff. By these caresses and declarations, he entirely gained the +confidence of the primate, whose influence over the people, and +authority with the barons, were of the utmost service to him in his +present situation. Anselm scrupled not to assure the nobles of the +king's sincerity in those professions which he made of avoiding the +tyrannical and oppressive government of his father and brother: he +even rode through the ranks of the army, recommended to the soldiers +the defence of their prince, represented the duty of keeping their +oaths of allegiance, and prognosticated to them the greatest happiness +from the government of so wise and just a sovereign. By this +expedient, joined to the influence of the Earls of Warwick and +Mellent, of Roger Bigod, Richard de Redvers, and Robert Fitz-Hamon, +powerful barons, who still adhered to the present government, the army +was retained in the king's interest, and marched, with seeming union +and firmness, to oppose Robert, who had landed with his forces at +Portsmouth. +[FN [r] Order. Vital. p. 785.] + +[MN Accommodation with Robert.] +The two armies lay in sight of each other for some days without coming +to action; and both princes, being apprehensive of the event, which +would probably be decisive, hearkened the more willingly to the +counsels of Anselm and the other great men, who mediated an +accommodation between them. After employing some negotiation, it was +agreed that Robert should resign his pretensions to England, and +receive in lieu of them an annual pension of three thousand marks; +that, if either of the princes died without issue, the other should +succeed to his dominions; that the adherents of each should be +pardoned and restored to all their possessions either in Normandy or +England; and that neither Robert nor Henry should thenceforth +encourage, receive, or protect the enemies of the other [s]. +[FN [s] Chron. Sax. p. 209. W. Malmes. p. 156.] + +[MN 1102.] This treaty, though calculated so much for Henry’s +advantage, he was the first to violate. He restored, indeed, the +estates of all Robert's adherents; but was secretly determined, that +noblemen so powerful and so ill-affected, who had both inclination and +ability to disturb his government, should not long remain unmolested +in their present opulence and grandeur. He began with the Earl of +Shrewsbury, who was watched for some time by spies, and then indicted +on a charge, consisting of forty-five articles. This turbulent +nobleman, knowing his own guilt, as well as the prejudices of his +judges and the power of his prosecutor, had recourse to arms for +defence; but, being soon suppressed by the activity and address of +Henry, he was banished the kingdom, and his great estate was +confiscated. His ruin involved that of his two brothers, Arnulf de +Montgomery, and Roger Earl of Lancaster. Soon after followed the +prosecution and condemnation of Robert de Pontefract, and Robert de +Mallet, who had distinguished themselves among Robert's adherents. +[MN 1103.] William de Warenne was the next victim: even William Earl +of Cornwall, son of the Earl of Mortaigne, the king's uncle, having +given matter of suspicion against him, lost all the vast acquisitions +of his family in England. Though the usual violence and tyranny of +the Norman barons afforded a plausible pretence for those +prosecutions, and it is probable that none of the sentences pronounced +against these noblemen was wholly iniquitous, men easily saw or +conjectured, that the chief part of their guilt was not the injustice +or illegality of their conduct. Robert, enraged at the fate of his +friends, imprudently ventured to come into England; and he +remonstrated with his brother, in severe terms, against this breach of +treaty; but met with so bad a reception, that he began to apprehend +danger to his own liberty, and was glad to purchase an escape by +resigning his pension. + +The indiscretion of Robert soon exposed him to more fatal injuries. +This prince, whose bravery and candour procured him respect while at a +distance, had no sooner attained the possession of power and enjoyment +of peace, than all the vigour of his mind relaxed, and he fell into +contempt among those who approached his person, or were subjected to +his authority. Alternately abandoned to dissolute pleasures and to +womanish superstition, he was so remiss, both in the care of his +treasure and the exercise of his government, that his servants +pillaged his money with impunity, stole from him his very clothes, and +proceeded thence to practise every species of extortion on his +defenceless subjects. The barons, whom a severe administration alone +could have restrained, gave reins to their unbounded rapine upon their +vassals, and inveterate animosities against each other; and all +Normandy, during the reign of this benign prince, was become a scene +of violence and depredation. [MN 1103. Attack of Normandy.] The +Normans, at last, observing the regular government which Henry, +notwithstanding his usurped title, had been able to establish in +England, applied to him, that he might use his authority for the +suppression of these disorders, and they thereby afforded him a +pretence for interposing in the affairs of Normandy. Instead of +employing his mediation to render his brother's government +respectable, or to redress the grievances of the Normans, he was only +attentive to support his own partisans, and to increase their number +by every art of bribery, intrigue, and insinuation. Having found, in +a visit which he made to that duchy, that the nobility were more +disposed to pay submission to him than to their legal sovereign, he +collected, by arbitrary extortions on England, a great army and +treasure [MN 1105.], and returned next year to Normandy, in a +situation to obtain, either by violence or corruption, the dominion of +that province. He took Bayeux by storm, after an obstinate siege: he +made himself master of Caen by the voluntary submission of the +inhabitants; but, being repulsed at Falaise, and obliged by the winter +season to raise the siege, he returned into England, after giving +assurance to his adherents, that he would persevere in supporting and +protecting them. + +[MN 1106. Conquest of Normandy.] +Next year he opened the campaign with the siege of Tenchebray; and it +became evident, from his preparations and progress, that he intended +to usurp the entire possession of Normandy. Robert was at last roused +from his lethargy; and being supported by the Earl of Mortaigne and +Robert de Bellesme, the king's inveterate enemies, he raised a +considerable army, and approached his brother's camp, with a view of +finishing, in one decisive battle, the quarrel between them. He was +now entered on that scene of action in which alone he was qualified to +excel; and he so animated his troops by his example, that they threw +the English into disorder, and had nearly obtained the victory [t]; +when the flight of Bellesme spread a panic among the Normans, and +occasioned their total defeat. Henry, besides doing great execution +on the enemy, made near ten thousand prisoners, among whom was Duke +Robert himself, and all the most considerable barons who adhered to +his interests [u]. This victory was followed by the final reduction +of Normandy: Rouen immediately submitted to the conqueror: Falaise, +after some negotiation, opened its gates; and by this acquisition, +besides rendering himself master of an important fortress, he got into +his hands Prince William, the only son of Robert: he assembled the +states of Normandy; and having received the homage of all the vassals +of the duchy, having settled the government, revoked his brother's +donations, and dismantled the castles lately built, he returned into +England, and carried along with him the duke as prisoner. That +unfortunate prince was detained in custody during the remainder of his +life, which was no less than twenty-eight years, and he died in the +castle of Cardiff, in Glamorganshire, happy if, without losing his +liberty, he could have relinquished that power which he was not +qualified either to hold or exercise. Prince William was committed to +the care of Helie de St. Saen, who had married Robert's natural +daughter, and who, being a man of probity and honour beyond what was +usual in those ages, executed the trust with great affection and +fidelity. Edgar Atheling, who had followed Robert in the expedition +to Jerusalem, and who had lived with him ever since in Normandy, was +another illustrious prisoner taken in the battle of Tenchebray [w]. +Henry gave him his liberty, and settled a small pension on him, with +which he retired; and he lived to a good old age in England, totally +neglected and forgotten. This prince was distinguished by personal +bravery: but nothing can be a stronger proof of his mean talents in +every other respect, than that, notwithstanding he possessed the +affections of the English, and enjoyed the only legal title to the +throne, he was allowed, during the reigns of so many violent and +jealous usurpers, to live unmolested, and go to his grave in peace. +[FN [t] H. Hunt. p. 379. M. Paris, p .43. Brompton, p. 1002. [u] +Eadmer, p. 90. Chron. Sax. p. 214. Order. Vital. p. 821. [w] Chron. +Sax. p. 214. Ann. Waverl. n. 144.] + +[MN 1107. Continuation of the quarrel with Anselm, the primate.] +A little after Henry had completed the conquest of Normandy, and +settled the government of that province, he finished a controversy, +which had been long depending between him and the pope, with regard to +the investitures in ecclesiastical benefices; and though he was here +obliged to relinquish sonic of the ancient rights of the crown, he +extricated himself from the difficulty on easier terms than most +princes who, in that age, were so unhappy as to be engaged in disputes +with the apostolic see. The king's situation, in the beginning of his +reign, obliged him to pay great court to Anselm: the advantages which +he had reaped from the zealous friendship of that prelate had made him +sensible how prone the minds of his people were to superstition, and +what an ascendant the ecclesiastics had been able to assume over them. +He had seen, on the accession of his brother Rufus, that, though the +rights of primogeniture were then violated, and the inclinations of +almost all the barons thwarted, yet the authority of Lanfranc, the +primate, had prevailed over all other considerations: his own case, +which was still more unfavourable, afforded an instance in which the +clergy had more evidently shown their influence and authority. These +recent examples, while they made him cautious not to offend that +powerful body, convinced him, at the same time, that it was extremely +his interest to retain the former prerogative of the crown in filling +offices of such vast importance, and to check the ecclesiastics in +that independence to which they visibly aspired. The choice, which +his brother, in a fit of penitence, had made of Anselm, was so far +unfortunate to the king's pretensions, that this prelate was +celebrated for his piety and zeal, and austerity of manners; and +though his monkish devotion and narrow principles prognosticated no +great knowledge of the world or depth of policy, he was, on that very +account, a more dangerous instrument in the hands of politicians, and +retained a greater ascendant over the bigoted populace. The prudence +and temper of the king appeared in nothing more conspicuous than in +the management of this delicate affair; where he was always sensible +that it had become necessary for him to risk his whole crown in order +to preserve the most invaluable jewel of it [x]. +[FN [x] Eadmer, p. 56.] + +Anselm had no sooner returned from banishment, than his refusal to do +homage to the king raised a dispute, which Henry evaded at that +critical juncture, by promising to send a messenger, in order to +compound the matter with Pascal II., who then filled the papal throne. +The messenger, as was probably foreseen, returned with an absolute +refusal of the king's demands [y]; and that fortified by many reasons, +which were well qualified to operate on the understandings of men in +those ages. Pascal quoted the Scriptures to prove that Christ was the +door; and he thence inferred, that all ecclesiastics must enter into +the church through Christ alone, not through the civil magistrate, or +any profane laymen [z]. "It is monstrous," added the pontiff, "that a +son should pretend to beget his father, or a man to create his God: +priests are called gods in Scripture, as being the vicars of God: and +will you, by your abominable pretensions to grant them their +investiture, assume the right of creating them [a]?" +[FN [y] W. Malm. p. 225. [z] Eadmer, p. 60. This topic is farther +enforced in p. 73, 74. See also W. Malm. p. 163. [a] Eadmer, p. 61. +I much suspect that this text of Scripture is a forgery of his +holiness; for I have not been able to find it. Yet it passed current +in those ages, and was often quoted by the clergy as the foundation of +their power. See St. Thom. p. 169.] + +But how convincing soever these arguments, they could not persuade +Henry to resign so important a prerogative; and perhaps, as he was +possessed of great reflection and learning, he thought that the +absurdity of a man's creating his God, even allowing priests to be +gods, was not urged with the best grace by the Roman pontiff. But as +he desired still to avoid, at least to delay, the coming to any +dangerous extremity with the church, he persuaded Anselm, that he +should be able, by farther negotiation, to obtain some composition +with Pascal; and for that purpose he despatched three bishops to Rome, +while Anselm sent two messengers of his own to be more fully assured +of the pope's intentions [b]. Pascal wrote back letters equally +positive and arrogant, both to the king and primate; urging to the +former, that, by assuming the right of investitures, he committed a +kind of spiritual adultery with the church, who was the spouse of +Christ, and who must not admit of such a commerce with any other +person [c]; and insisting with the latter, that the pretension of +kings to confer benefices was the source of all simony: a topic which +had but too much foundation in those ages [d]. +[FN [b] Eadmer, p. 62. W. Malm. p. 225. [c] Eadmer, p. 63. [d] +Eadmer, p. 64, 66.] + +Henry had now no other expedient than to suppress the letter addressed +to himself, and to persuade the three bishops to prevaricate, and +assert, upon their episcopal faith, that Pascal had assured them in +private of his good intentions towards Henry, and of his resolution +not to resent any future exertion of his prerogative in granting +investitures; though he himself scrupled to give this assurance under +his hand, lest other princes should copy the example, and assume a +like privilege [e]. Anselm's two messengers, who were monks, affirmed +to him that it was impossible this story could have any foundation: +but their word was not deemed equal to that of three bishops; and the +king, as if he had finally gained his cause, proceeded to fill the +sees of Hereford and Salisbury, and to invest the new bishops in the +usual manner [f]. But Anselm, who, as he had good reason, gave no +credit to the asseveration of the king's messengers, refused not only +to consecrate them, but even to communicate with them, and the bishops +themselves, finding how odious they were become, returned to Henry the +ensigns of their dignity. The quarrel every day increased between the +king and the primate: the former, notwithstanding the prudence and +moderation of his temper, threw out menaces against such as should +pretend to oppose him in exerting the ancient prerogatives of his +crown; and Anselm, sensible of his own dangerous situation, desired +leave to make a journey to Rome, in order to lay the case before the +sovereign pontiff. Henry, well pleased to rid himself, without +violence, of so inflexible an antagonist, readily granted him +permission. The prelate was attended to the shore by infinite +multitudes, not only of monks and clergymen, but people of all ranks, +who scrupled not in this manner to declare for their primate against +their sovereign, and who regarded his departure as the final abolition +of religion and true piety in the kingdom [g]. The king, however, +seized all the revenues of his see; and sent William de Warelwast to +negotiate with Pascal, and to find some means of accommodation in this +delicate affair. +[FN [e] Ibid. p. 65. W. Malm. p. 225. [f] Eadmer, p. 66. W. Malm. +p. 225. Hoveden, p. 469. Sim. Dunelm. p. 228. [f] Eadmer, p. 71.] + +The English minister told Pascal, that his master would rather lose +his crown than part with the right of granting investitures. "And I," +replied Pascal, "would rather lose my head than allow him to retain it +[h]." Henry secretly prohibited Anselm from returning, unless he +resolved to conform himself to the laws and usages of the kingdom; and +the primate took up his residence at Lyons, in expectation that the +king would at last be obliged to yield the point which was the present +object of controversy between them. Soon after he was permitted to +return to his monastery at Bec in Normandy; and Henry, besides +restoring to him the revenues of his see, treated him with the +greatest respect, and held several conferences with him, in order to +soften his opposition, and bend him to submission [i]. The people of +England, who thought all differences now accommodated, were inclined +to blame their primate for absenting himself so long from his charge; +and he daily received letters from his partizans, representing the +necessity of his speedy return. The total extinction, they told him, +of religion and Christianity were likely to ensue from the want of his +fatherly care: the most shocking customs prevail in England; and the +dread of his severity being now removed, sodomy, and the practice of +wearing long hair, gain ground among all ranks of men, and these +enormities openly appear every where without sense of shame or fear of +punishment [k]. +[FN [h] Eadmer, p. 73. W. Malm. p. 226. M. Paris, p. 40. [i] +Hoveden, p. 471. [k] Eadmer, p. 81.] + +The policy of the court of Rome has commonly been much admired; and +men, judging by success, have bestowed the highest eulogies on that +prudence by which a power from such slender beginnings, could advance, +without force of arms, to establish an universal and almost absolute +monarchy in Europe. But the wisdom of so long a succession of men who +filled the papal throne, and who were of such different ages, tempers, +and interests, is not intelligible, and could never have place in +nature. The instrument, indeed, with which they wrought, the +ignorance and superstition of the people, is so gross an engine, of +such universal prevalence, and so little liable to accident or +disorder, that it may be successful even in the most unskilful hands; +and scarce any indiscretion can frustrate its operations. While the +court of Rome was openly abandoned to the most flagrant disorders, +even while it was torn with schisms and factions, the power of the +church daily made a sensible progress in Europe; and the temerity of +Gregory and caution of Pascal were equally fortunate in promoting it. +The clergy, feeling the necessity which they lay under of being +protected against the violence of princes or rigour of the laws, were +well pleased to adhere to a foreign head, who, being removed from the +fear of the civil authority, could freely employ the power of the +whole church, in defending her ancient or usurped properties and +privileges, when invaded in any particular country: the monks, +desirous of an independence of their diocesans, professed a still more +devoted attachment to the triple crown; and the stupid people +possessed no science or reason, which they could oppose to the most +exorbitant pretensions. Nonsense passed for demonstration: the most +criminal means were sanctified by the piety of the end: treaties were +not supposed to be binding, where the interests of God were concerned: +the ancient laws and customs of states had no authority against a +divine right: impudent forgeries were received as authentic monuments +of antiquity: and the champions of holy church, if successful, were +celebrated as heroes; if unfortunate, were worshipped as martyrs; and +all events thus turned out equally to the advantage of clerical +usurpations. Pascal himself, the reigning pope, was, in the course of +this very controversy concerning investitures, involved in +circumstances and necessitated to follow a conduct, which would have +drawn disgrace and ruin on any temporal prince that had been so +unfortunate as to fall into a like situation. His person was seized +by the Emperor, Henry V., and he was obliged, by a formal treaty, to +resign to that monarch the right of granting investitures, for which +they had so long contended [l]. In order to add greater solemnity to +this agreement, the emperor and pope communicated together on the same +host, one half of which was given to the prince, the other taken by +the pontiff: the most tremendous imprecations were publicly denounced +on either of them who should violate the treaty: yet no sooner did +Pascal recover his liberty, than he revoked all his concessions, and +pronounced the sentence of excommunication against the emperor, who, +in the end, was obliged to submit to the terms required of him, and to +yield up all his pretensions, which he never could resume [m]. +[FN [l] W. Malm. p. 167. [m] Padre Paolo sopra benef. eccles. p. 112. +W. Malmes. p. 170. Chron. Abb. St. Petri de Burgo, p. 63. Sim. +Dunelm. p. 233.] + +The King of England had very nearly fallen into the same dangerous +situation: Pascal had already excommunicated the Earl of Mellent, and +the other ministers of Henry, who were instrumental in supporting his +pretensions [n]: he daily menaced the king himself with a like +sentence; and he suspended the blow only to give him leisure to +prevent it by a timely submission. The malecontents waited +impatiently for the opportunity of disturbing his government by +conspiracies and insurrections [o]: the king's best friends were +anxious at the prospect of an incident which would set their religious +and civil duties at variance; and the Countess of Blois, his sister, a +princess of piety, who had great influence over him, was affrightened +with the danger of her brother's eternal damnation [p]. Henry, on the +other hand, seemed determined to run all hazards, rather than resign a +prerogative of such importance, which had been enjoyed by all his +predecessors; and it seemed probable, from his great prudence and +abilities, that he might be able to sustain his rights, and finally +prevail in the contest. While Pascal and Henry thus stood mutually in +awe of each other, it was the more easy to bring about an +accommodation between them, and to find a medium in which they might +agree. +[FN [n] Eadmer, p. 79. [o] Ibid. p. 80. [p] Ibid. p. 79.] + +[MN Compromise with Anselm.] +Before bishops took possession of their dignities, they had formerly +been accustomed to pass through two ceremonies: they received from the +hands of the sovereign a ring and crosier, as symbols of their office; +and this was called their INVESTITURE: they also made those +submissions to the prince which were required of vassals by the rights +of the feudal law, and which received the name of HOMAGE. And as the +king might refuse both to grant the INVESTITURE and to receive the +HOMAGE, though the chapter had, by some canons of the middle age, been +endowed with the right of election, the sovereign had in reality the +sole power of appointing prelates. Urban II. had equally deprived +laymen of the rights of granting investiture and of receiving homage +[q]: the emperors never were able, by all their wars and negotiations, +to make any distinction be admitted between them: the interposition of +profane laymen, in any particular, was still represented as impious +and abominable; and the church openly aspired to a total independence +on the state. But Henry had put England as well as Normandy in such a +situation as gave greater weight to his negotiations; and Pascal was +for the present satisfied with his resigning the right of granting +investitures, by which the spiritual dignity was supposed to be +conferred; and he allowed the bishops to do homage for their temporal +properties and privileges [r]. The pontiff was well pleased to have +made this acquisition, which, he hoped, would in time involve the +whole; and the king, anxious to procure an escape from a very +dangerous situation, was content to retain some, though a more +precarious authority, in the election of prelates. +[FN [q] Eadmer, p. 91. W. Malm. p. 163. Sim. Dunelm. p. 230. [r] +Eadmer, p. 91. W. Malm. p. 164, 227. Hoveden, p. 471. M. Paris, p. +43. T. Rudb. p. 274. Brompton, p. 1000. Wilkins, p. 303. Chron. +Dunst. p. 21.] + +After the principal controversy was accommodated, it was not difficult +to adjust the other differences. The pope allowed Anselm to +communicate with the prelates who had already received investitures +from the crown; and he only required of them some submissions for +their past misconduct [s]. He also granted Anselm a plenary power of +remedying every other disorder, which, he said, might arise from the +barbarousness of the country [t]. Such was the idea which the popes +then entertained of the English; and nothing can be a stronger proof +of the miserable ignorance in which that people were then plunged, +than that a man who sat on the papal throne, and who subsisted by +absurdities and nonsense, should think himself entitled to treat them +as barbarians. +[FN [s] Eadmer p. 87. [t] Ibid. p. 91.] + +During the course of these controversies, a synod was held at +Westminster, where the king, intent only on the main dispute, allowed +some canons of less importance to be enacted, which tended to promote +the usurpations of the clergy. The celibacy of priests was enjoined, +a point which it was still found very difficult to carry into +execution; and even laymen were not allowed to marry within the +seventh degree of affinity [u]. By this contrivance the pope +augmented the profits which he reaped from granting dispensations, and +likewise those from divorces. For as the art of writing was then +rare, and parish registers were not regularly kept, it was not easy to +ascertain the degrees of affinity even among people of rank; and any +man who had money sufficient to pay for it, might obtain a divorce, on +pretence that his wife was more nearly related to him than was +permitted by the canons. The synod also passed a vote, prohibiting +the laity from wearing long hair [w]. The aversion of the clergy to +this mode was not confined to England. When the king went to +Normandy, before he had conquered that province, the Bishop of Seez, +in a formal harangue, earnestly exhorted him to redress the manifold +disorders under which the government laboured, and to oblige the +people to poll their hair in a decent form. Henry, though he would +not resign his prerogatives to the church, willingly parted with his +hair: he cut it in the form which they required of him, and obliged +all the courtiers to imitate his example [x]. +[FN [u] Eadmer, p. 67, 68. Spellm. Conc. vol. ii. p. 22. [w] Eadmer, +p. 68. [x] Order. Vital. p. 816.] + +[MN Wars abroad.] +The acquisition of Normandy was a great point of Henry's ambition; +being the ancient patrimony of his family, and the only territory, +which, while in his possession, gave him any weight or consideration +on the continent: but the injustice of his usurpation was the source +of great inquietude, involved him in frequent wars, and obliged him to +impose on his English subjects those many heavy and arbitrary taxes, +of which all the historians of that age unanimously complain [y]. +His nephew, William, was but six years of age when he committed him to +the care of Helie de St. Saen; and it is probable, that his reason for +intrusting that important charge to a man of so unblemished a +character was to prevent all malignant suspicions, in case any +accident should befall the life of the young prince. [MN 1110.] He +soon repented of his choice, but when he desired to recover possession +of William’s person, Helie withdrew his pupil, and carried him to the +court of Fulk, Count of Anjou, who gave him protection [z]. In +proportion as the prince grew up to man's estate, he discovered +virtues becoming his birth; and wandering through different courts of +Europe, he excited the friendly compassion of many princes, and raised +a general indignation against his uncle, who had so unjustly bereaved +him of his inheritance. Lewis the Gross, son of Philip, was at this +time King of France, a brave and generous prince, who having been +obliged, during the lifetime of his father, to fly into England, in +order to escape the persecutions of his step-mother, Bertrude, had +been protected by Henry, and had thence conceived a personal +friendship for him. But these ties were soon dissolved after the +accession of Lewis, who found his interests to be in so many +particulars opposite to those of the English monarch, and who became +sensible of the danger attending the annexation of Normandy to +England. He joined, therefore, the Counts of Anjou and Flanders in +giving disquiet to Henry's government; and this monarch, in order to +defend his foreign dominions, found himself obliged to go over to +Normandy, where he resided two years. The war which ensued amongst +those princes was attended with no memorable event, and produced only +slight skirmishes on the frontiers, agreeable to the weak condition of +the sovereigns in that age whenever their subjects were not roused by +some great and urgent occasion. Henry, by contracting his eldest son, +William, to the daughter of Fulk, detached the prince from the +alliance, and obliged the others to come to an accommodation with him. +This peace was not of long duration. His nephew, William, retired to +the court of Baldwin, Earl of Flanders, who espoused his cause; and +the King of France having soon after, for other reasons, joined the +party, a new war was kindled in Normandy, which produced no event more +memorable than had attended the former. [MN 1113.] At last the death +of Baldwin, who was slain in an action near Eu, gave some respite to +Henry, and enabled him to carry on war with more advantage against his +enemies. +[FN [y] Eadmer, p. 83. Chron. Sax. p. 211, 212, 213, 219, 220, 228. +H. Hunt p. 380. Hoveden, p. 470. Ann. Waverl. p. 143. [z] Order +Vital. p. 837.] + +Lewis, finding himself unable to wrest Normandy from the king by force +of arms, had recourse to the dangerous expedient of applying to the +spiritual power, and of affording the ecclesiastics a pretence to +interpose in the temporal concerns of princes. He carried young +William to a general council, which was assembled at Rheims by Pope +Calixtus II., presented the Norman prince to them, complained of the +manifest usurpation and injustice of Henry, craved the assistance of +the church for reinstating the true heir in his dominions, and +represented the enormity of detaining in captivity so brave a prince +as Robert, one of the most eminent champions of the cross, and who, by +that very quality, was placed under the immediate protection of the +holy see. Henry knew how to defend the rights of his crown with +vigour, and yet with dexterity. He had sent over the English bishops +to this synod; but at the same time had warned them, that if any +farther claims were started by the pope or the ecclesiastics, he was +determined to adhere to the laws and customs of England, and maintain +the prerogatives transmitted to him by his predecessors. "Go," said +he to them, "salute the pope in my name; hear his apostolical +precepts; but take care to bring none of his new inventions into my +kingdom." Finding, however, that it would be easier for him to elude +than oppose the efforts of Calixtus, he gave his ambassadors orders to +gain the pope and his favourites by liberal presents and promises. +[MN 1119.] The complaints of the Norman prince were thenceforth heard +with great coldness by the council; and Calixtus confessed, after a +conference which he had the same summer with Henry, and when that +prince probably renewed his presents, that, of all men whom he had +ever yet been acquainted with, he was, beyond comparison, the most +eloquent and persuasive. + +The warlike measures of Lewis proved as ineffectual as his intrigues. +He had laid a scheme for surprising Noyon; but Henry having received +intelligence of the design, marched to the relief of the place, and +suddenly attacked the French at Brenneville, as they were advancing +towards it. A sharp conflict ensued, where Prince William behaved +with great bravery, and the king himself was in the most imminent +danger. He was wounded in the head by Crispin, a gallant Norman +officer, who had followed the fortunes of William [a]; but, being +rather animated than terrified by the blow, he immediately beat his +antagonist to the ground, and so encouraged his troops by the example, +that they put the French to total rout, and had very nearly taken +their king prisoner. The dignity of the persons engaged in this +skirmish rendered it the most memorable action of the war; for, in +other respects, it was not of great importance. There were nine +hundred horsemen, who fought on both sides; yet were there only two +persons slain. The rest were defended by that heavy armour worn by +the cavalry in those times [b]. An accommodation soon after ensued +between the Kings of France and England; and the interests of young +William were entirely neglected in it. +[FN [a] H. Hunt. p. 381. M. Paris, p. 47. Diceto, p. 503. [b] +Order. Vital. p. 854.] + +[MN 1120. Death of Prince William.] +But this public prosperity of Henry was much overbalanced by a +domestic calamity which befel him. His only son, William, had now +reached his eighteenth year, and the king, from the facility with +which he himself had usurped the crown, dreading that a like +revolution might subvert his family, had taken care to have him +recognized successor by the states of the kingdom, and had carried him +over to Normandy, that he might receive the homage of the barons of +that duchy. The king, on his return, set sail from Barfleur, and was +soon carried by a fair wind out of sight of land. The prince was +detained by some accident; and his sailors, as well as their captain, +Thomas Fitz-Stephens, having spent the interval in drinking, were so +flustered, that being in a hurry to follow the king, they heedlessly +carried the ship on a rock, where she immediately foundered. William +was put into the long boat, and had got clear of the ship, when, +hearing the cries of his natural sister, the Countess of Perche, he +ordered the seamen to row back in hopes of saving her; but the numbers +who then crowded in soon sunk the boat; and the prince, with all his +retinue, perished. Above a hundred and forty young noblemen, of the +principal families of England and Normandy, were lost on this +occasion. A butcher of Rouen was the only person on board who escaped +[c]. He clung to the mast, and was taken up next morning by +fishermen. Fitz-Stephens also took hold of the mast, but being +informed by the butcher that Prince William had perished, he said that +he would not survive the disaster; and he threw himself headlong into +the sea [d]. Henry entertained hopes for three days, that his son had +put into some distant port of England; but when certain intelligence +of the calamity was brought him, he fainted away; and it was remarked, +that he never after was seen to smile, nor ever recovered his wonted +cheerfulness [e]. +[FN [c] Sim. Dunelm. p. 242. Alured Beverl. p. 148. [d] Order. +Vital. p. 868. [e] Hoveden, p. 476. Order. Vital. p. 869.] + +The death of William may be regarded, in one respect, as a misfortune +to the English; because it was the immediate source of those civil +wars, which, after the demise of the king, caused such confusion in +the kingdom; but it is remarkable, that the young prince had +entertained a violent aversion to the natives; and had been heard to +threaten, that when he should be king, he would make them draw the +plough, and would turn them into beasts of burden. These +prepossessions he inherited from his father, who, though he was wont, +when it might serve his purpose, to value himself on his birth, as a +native of England [f], showed, in the course of his government, an +extreme prejudice against that people. All hopes of preferment, to +ecclesiastical as well as civil dignities, were denied them during +this whole reign; and any foreigner, however ignorant or worthless, +was sure to have the preference in every competition [g]. As the +English had given no disturbance to the government during the course +of fifty years, this inveterate antipathy in a prince of so much +temper as well as penetration, forms a presumption that the English of +that age were still a rude and barbarous people, even compared to the +Normans, and impresses us with no very favourable idea of the Anglo- +Saxon manners. +[FN [f] Gu1. Neub. lib. 1. cap. 3. [g] Eadmer, p. 110.] + +Prince William left no children; and the king had not now any +legitimate issue, except one daughter, Matilda, whom, in 1110, he had +betrothed, though only eight years of age [h], to the Emperor Henry +V., and whom he had then sent over to be educated in Germany [i]. But +as her absence from the kingdom, and her marriage into a foreign +family, might endanger the succession, Henry, who was now a widower, +was induced to marry, in hopes of having male heirs; [MN King’s second +marriage. 1121.] and he made his addresses to Adelais, daughter of +Godfrey, Duke of Lovaine, and niece of Pope Calixtus, a young princess +of an amiable person [k]. But Adelais brought him no children; and +the prince who was most likely to dispute the succession, and even the +immediate possession of the crown, recovered hopes of subverting his +rival, who had successively seized all his patrimonial dominions. +William, the son of Duke Robert, was still protected in the French +court; and as Henry's connexions with the Count of Anjou were broken +off by the death of his son, Fulk joined the party of the unfortunate +prince, gave him his daughter in marriage, and aided him in raising +disturbances in Normandy. But Henry found the means of drawing off +the Count of Anjou, by forming anew with him a nearer connexion than +the former, and one more material to the interests of that count's +family. [MN 1127.] The emperor, his son-in-law, dying without issue, +he bestowed his daughter on Geoffrey, the eldest son of Fulk, and +endeavoured to ensure her succession by having her recognized heir to +all his dominions, and obliging the barons, both of Normandy and +England to swear fealty to her. [MN 1128.] He hoped that the choice +of this husband would be more agreeable to all his subjects than that +of the emperor; as securing them from the danger of falling under the +dominion of a great and distant potentate, who might bring them into +subjection, and reduce their country to the rank of a province: but +the barons were displeased that a step so material to national +interests had been taken without consulting them [l]; and Henry had +too sensibly experienced the turbulence of their disposition, not to +dread the effects of their resentment. It seemed probable, that his +nephew's party might gain force from the increase of the malecontents: +an accession of power which that prince acquired a little after, +tended to render his pretensions still more dangerous. Charles, Earl +of Flanders, being assassinated during the celebration of divine +service, King Lewis immediately put the young prince in possession of +that country, to which he had pretensions in the right of his +grandmother Matilda, wife to the Conqueror. But William survived a +very little time this piece of good fortune, which seemed to open the +way to still farther prosperity. He was killed in a skirmish with the +Landgrave of Alsace, his competitor for Flanders; and his death put an +end, for the present, to the jealousy and inquietude of Henry. +[FN [h] Chron. Sax. p. 215. W. Malm. p. 166. Order. Vital. p. 83. +[i] See note [M], at the end of the volume. [k] Chron. Sax. p. 223. +W. Malm. p. 165. [l] W. Malm. p. 175. The annals of Waverly, p. 150, +say, that the king asked and obtained the consent of all the barons.] + +The chief merit of this monarch's government consists in the profound +tranquillity which he established and maintained throughout all his +dominions during the greater part of his reign. The mutinous barons +were retained in subjection; and his neighbours, in every attempt +which they made upon him, found him so well prepared, that they were +discouraged from continung or renewing their enterprises. In order to +repress the incursions of the Welsh, he brought over some Flemings, in +the year 1111, and settled them in Pembrokeshire, where they long +maintained a different language, and customs, and manners, from their +neighbours. Though his government seems to have been arbitrary in +England, it was judicious and prudent; and was as little oppressive as +the necessity of his affairs would permit. He wanted not attention to +the redress of grievances; and historians mention in particular the +levying of purveyance, which he endeavoured to moderate and restrain. +The tenants in the king's demesne lands were at that time obliged to +supply, GRATIS, the court with provisions, and to furnish carriages on +the same hard terms, when the king made a progress, as he did +frequently, into any of the counties. These exactions were so +grievous, and levied in so licentious a manner, that the farmers, when +they heard of the approach of the court, often deserted their houses +as if an enemy had invaded the country [m], and sheltered their +persons and families in the woods from the insults of the king's +retinue. Henry prohibited those enormities, and punished the persons +guilty of them by cutting off their hands, legs, or other members [n]. +But the prerogative was perpetual; the remedy applied by Henry was +temporary; and the violence itself of this remedy, so far from giving +security to the people, was only a proof of the ferocity of the +government, and threatened a quick return of like abuses. +[FN [m] Eadmer, p. 94. Chron. Sax. p. 212. [n] Eadmer, p. 94.] + +One great and difficult object of the king's prudence was, the +guarding against the encroachments of the court of Rome, and +protecting the liberties of the church of England. The pope, in the +year 1101, had sent Guy, Archbishop of Vienne, as legate into Britain; +and though he was the first that for many years had appeared there in +that character, and his commission gave general surprise [o], the +king, who was then in the commencement of his reign, and was involved +in many difficulties, was obliged to submit to this encroachment on +his authority. But in the year 1116, Anselm, Abbot of St. Sabas, who +was coming over with a like legatine commission, was prohibited from +entering the kingdom [p]; and Pope Calixtus who, in his turn, was then +labouring under many difficulties, by reason of the pretensions of +Gregory, an anti-pope, was obliged to promise that he never would for +the future, except when solicited by the king himself, send any legate +into England [q]. Notwithstanding this engagement, the pope, as soon +as he had suppressed his antagonist, granted the Cardinal de Crema a +legatine commission over that kingdom; and the king, who, by reason of +his nephew's intrigues and invasions, found himself at that time in a +dangerous situation, was obliged to submit to the exercise of this +commission [r]. A synod was called by the legate at London; where, +among other canons, a vote passed, enacting severe penalties on the +marriages of the clergy [s]. The cardinal, in a public harangue, +declared it to be an unpardonable enormity, that a priest should dare +to consecrate and touch the body of Christ immediately after he had +risen from the side of a strumpet; for that was the decent appellation +which he gave to the wives of the clergy. But it happened that, the +very next night, the officers of justice, breaking into a disorderly +house, found the cardinal in bed with a courtezan [t]; an incident +which threw such ridicule upon him, that he immediately stole out of +the kingdom: the synod broke up; and the canons against the marriage +of clergymen were worse executed than ever [u]. +[FN [o] Ibid. p. 58. [p] Hoveden, p. 474. [q] Eadmer, p. 125, 137, +138. [r] Chron. Sax. p. 229. [s] Spellm. Conc. vol. ii. p. 34. [t] +Hoveden, p. 478. M. Paris, p. 48. Matth. West. ad. ann. 1125. H. +Huntingdon, p. 382. It is remarkable that this last writer, who was a +clergyman as well as the others, makes an apology for using such +freedom with the fathers of the church; but says, that the fact was +notorious, and ought not to be concealed. [u] Chron. Sax. p. 234.] + +Henry, in order to prevent this alternate revolution of concessions +and encroachments, sent William, then Archbishop of Canterbury, to +remonstrate with the court of Rome against those abuses, and to assert +the liberties of the English church. It was a usual maxim with every +pope, when he found that he could not prevail in any pretension, to +grant princes or states a power which they had always exercised, to +resume, at a proper juncture, the claim which seemed to be resigned, +and to pretend that the civil magistrate had possessed the authority +only from a special indulgence of the Roman pontiff. After this +manner, the pope, finding that the French nation would not admit his +claim of granting investitures, had passed a bull, giving the king +that authority; and he now practised a like invention to elude the +complaints of the King of England. He made the Archbishop of +Canterbury his legate, renewed his commission from time to time, and +still pretended that the rights which that prelate had ever exercised +as metropolitan were entirely derived from the indulgence of the +apostolic see. The English princes, and Henry in particular, who were +glad to avoid any immediate contest of so dangerous a nature, commonly +acquiesced by their silence in these pretensions of the court of Rome +[w]. +[FN [w] See note [N], at the end of the volume.] + +As every thing in England remained in tranquillity, Henry took the +opportunity of paying a visit to Normandy, to which he was invited, as +well by his affection for that country, as by his tenderness for his +daughter, the Empress Matilda, who was always his favourite. [MN +1132.] Some time after, that princess was delivered of a son, who +received the name of Henry; and the king, farther to ensure her +succession, made all the nobility of England and Normandy renew the +oath of fealty, which they had already sworn to her [x]. The joy of +this event, and the satisfaction which he reaped from his daughter's +company, who bore successively two other sons, made his residence in +Normandy very agreeable to him [y]; [MN 1135.] and he seemed +determined to pass the remainder of his days in that country; when an +incursion of the Welsh obliged him to think of returning into England. +He was preparing for the journey, but was seized with a sudden illness +at St. Dennis le Forment [MN 1st. Dec.], from eating too plentifully +of lampreys, a food which always agreed better with his palate than +his constitution [z]. [MN Death, and character of Henry.] He died in +the sixty-seventh year of his age, and the thirty-fifth of his reign; +leaving by will his daughter, Matilda, heir of all his dominions, +without making any mention of her husband Geoffrey, who had given him +several causes of displeasure [a]. +[FN [x] W. Malm. p. 177. [y] H. Hunt. p. 385. [z] Ibid. p. 385. M. +Paris, p. 50. [a] W. Malm. p. 178.] + +This prince was one of the most accomplished that has filled the +English throne, and possessed all the great qualities both of body and +mind, natural and acquired which could fit him for the high station to +which he attained. His person was manly, his countenance engaging, +his eyes clear, serene, and penetrating. The affability of his +address encouraged those who might be overawed by the sense of his +dignity or of his wisdom; and though he often indulged his facetious +humour, he knew how to temper it with discretion, and ever kept at a +distance from all indecent familiarities with his courtiers. His +superior eloquence and judgment would have given him an ascendant, +even had he been born in a private station; and his personal bravery +would have procured him respect, though it had been less supported by +art and policy. By his great progress in literature, he acquired the +name of BEAUCLERK, or the Scholar: but his application to those +sedentary pursuits abated nothing of the activity and vigilance of his +government; and though the learning of that age was better fitted to +corrupt than improve the understanding, his natural good sense +preserved itself untainted both from the pedantry and superstition +which were then so prevalent among men of letters. His temper was +susceptible of the sentiments as well of friendship as of resentment +[b]; and his ambition though high, might be deemed moderate and +reasonable, had not his conduct towards his brother and nephew showed +that he was too much disposed to sacrifice to it all the maxims of +justice and equity. But the total incapacity of Robert for government +afforded his younger brother a reason or pretence for seizing the +sceptre both of England and Normandy; and when violence and usurpation +are once begun, necessity obliges a prince to continue in the same +criminal course, and engages him in measures which his better judgment +and sounder principles would otherwise have induced him to reject with +warmth and indignation. +[FN [b] Order. Vital. p. 805.] + +King Henry was much addicted to women; and historians mention no less +than seven illegitimate sons and six daughters born to him [c]. +Hunting was also one of his favourite amusements; and he exercised +great rigour against those who encroached on the royal forests, which +were augmented during his reign [d], though their number and extent +were already too great. To kill a stag was as criminal as to murder a +man: he made all the dogs be mutilated which were kept on the borders +of his forests; and he sometimes deprived his subjects of the liberty +of hunting on their own lands, or even cutting their own woods. In +other respects, he executed justice, and that with rigour; the best +maxim which a prince in that age could follow. Stealing was first +made capital in this reign [e]; false coining, which was then a very +common crime, and by which the money had been extremely debased, was +severely punished by Henry [f]. Near fifty criminals of this kind +were at one time hanged or mutilated; and though these punishments +seem to have been exercised in a manner somewhat arbitrary, they were +grateful to the people, more attentive to present advantages than +jealous of general laws. There is a code which passes under the name +of Henry I., but the best antiquaries have agreed to think it +spurious. It is however a very ancient compilation, and may be useful +to instruct us in the manners and customs of the times. We learn from +it, that a great distinction was then made between the English and +Normans, much to the advantage of the latter [g]. The deadly feuds, +and the liberty of private revenge, which had been avowed by the Saxon +laws, were still continued, and were not yet wholly illegal [h]. +[FN [c] Gul. Gemet. lib. 8. cap. 29. [d] W. Malm. p. 179. [e] Sim. +Dunelm p. 231. Brompton, p. 1000. Flor. Wigorn. p. 653. Hoveden, p. +471. [f] Sim. Dunelm. p. 231. Brompton, p. 1000. Hoveden, p. 471. +Annal. Waverl. p. 149. [g] LL. Hen. I. Sec, 18, 75. [h] Ibid. Sec. +82.] + +Among the laws granted on the king's accession, it is remarkable that +the reunion of the civil and ecclesiastical courts, as in the Saxon +times, was enacted [i]. But this law, like the articles of his +charter, remained without effect, probably from the opposition of +Archbishop Anselm. +[FN [i] Spellm. p. 305. Blackstone, vol. iii. p. 63. Coke, 2 Inst. +70.] + +Henry, on his accession, granted a charter to London, which seems to +have been the first step towards rendering that city a corporation. +By this charter, the city was empowered to keep the farm of Middlesex +at three hundred pounds a year, to elect its own sheriff and +justiciary, and to hold pleas of the crown: and it was exempted from +scot, Danegelt, trials by combat, and lodging the king's retinue. +These, with a confirmation of the privileges of their court of +hustings, wardmotes, and common halls, and their liberty of hunting in +Middlesex and Surrey, are the chief articles of this charter [k]. +[FN [k] Lambardi Archaionomia ex edit. Twisden. Wilkins, p. 235.] + +It is said [l], that this prince, from indulgence to his tenants, +changed the rents of his demesnes, which were formerly paid in kind, +into money, which was more easily remitted to the exchequer. But the +great scarcity of coin would render that commutation difficult to be +executed, while at the same time provisions could not be sent to a +distant quarter of the kingdom. This affords a probable reason why +the ancient kings of England so frequently changed their place of +abode: they carried their court from one place to another, that they +might consume upon the spot the revenue of their several demesnes. +[FN [l] Dial. de Scaccario, lib. 1. cap. 7.] + + + + +CHAPTER VII. + +STEPHEN. + +ACCESSION OF STEPHEN--WAR WITH SCOTLAND.--INSURRECTION IN FAVOUR OF +MATILDA.--STEPHEN TAKEN PRISONER.--MATILDA CROWNED.—STEPHEN RELEASED. +--RESTORED TO THE CROWN.--CONTINUATION OF THE CIVIL WARS.--COMPROMISE +BETWEEN THE KING AND PRINCE HENRY.—DEATH OF THE KING. + + + +[MN 1135.] In the progress and settlement of the feudal law, the male +succession to fiefs had taken place some time before the female was +admitted; and estates being considered as military benefices, not as +property, were transmitted to such only as could serve in the armies, +and perform in person the conditions upon which they were originally +granted. But when the continuance of rights, during some generations, +in the same family, had in a great measure, obliterated the primitive +idea, the females were gradually admitted to the possession of feudal +property; and the same revolution of principles which procured them +the inheritance of private estates naturally introduced their +succession to government and authority. The failure, therefore, of +male heirs to the kingdom of England and duchy of Normandy seemed to +leave the succession open, without a rival, to the Empress Matilda; +and as Henry had made all his vassals, in both states, swear fealty to +her, he presumed that they would not easily be induced to depart at +once from her hereditary right, and from their own reiterated oaths +and engagements. But the irregular manner in which he himself had +acquired the crown might have instructed him, that neither his Norman +nor English subjects were as yet capable of adhering to a strict rule +of government; and as every precedent of this kind seems to give +authority to new usurpations, he had reason to dread, even from his +own family, some invasion of his daughter's title which he had taken +such pains to establish. + +Adela, daughter of William the Conqueror, had been married to Stephen, +Count of Blois, and had brought him several sons, among whom Stephen +and Henry, the two youngest, had been invited over to England by the +late king, and had received great honours, riches, and preferment, +from the zealous friendship which that prince bore to every one that +had been so fortunate as to acquire his favour and good opinion. +Henry, who had betaken himself to the ecclesiastical profession, was +created Abbot of Glastonbury and Bishop of Winchester; and though +these dignities were considerable, Stephen had, from his uncle's +liberality, attained establishments still more solid and durable [a]. +The king had married him to Matilda, who was daughter and heir of +Eustace Count of Boulogne, and who brought him, besides that feudal +sovereignty in France, an immense property in England, which, in the +distribution of lands, had been conferred by the Conqueror on the +family of Boulogne. Stephen also by this marriage acquired a new +connexion with the royal family of England; as Mary, his wife's +mother, was sister to David the reigning King of Scotland, and to +Matilda, the first wife of Henry, and mother of the empress. The +king, still imagining that he strengthened the interests of his family +by the aggrandizement of Stephen, took pleasure in enriching him by +the grant of new possessions; and he conferred on him the great estate +forfeited by Robert Mallet in England, and that forfeited by the Earl +of Mortaigne in Normandy. Stephen, in return, professed great +attachment to his uncle; and appeared so zealous for the succession of +Matilda, that when the barons swore fealty to that princess, he +contended with Robert, Earl of Gloucester, the king's natural son, who +should first be admitted to give her this testimony of devoted zeal +and fidelity [b]. Meanwhile he continued to cultivate, by every art +of popularity, the friendship of the English nation; and many virtues, +with which he seemed to be endowed, favoured the success of his +intentions. By his bravery, activity, and vigour, he acquired the +esteem of the barons: by his generosity, and by an affable and +familiar address, unusual in that age among men of his high quality, +he obtained the affections of the people, particularly of the +Londoners [c]. And though he dared not to take any steps towards his +farther grandeur, lest he should expose himself to the jealousy of so +penetrating a prince as Henry; he still hoped that, by accumulating +riches and power, and by acquiring popularity, he might in time be +able to open his way to the throne. +[FN [a] Gul. Neubr. p. 360. Brompton, p. 1023. [b] W. Malm. p. 192.] + +No sooner had Henry breathed his last, than Stephen, insensible to all +the ties of gratitude and fidelity, and blind to danger, gave full +reins to his criminal ambition, and trusted that, even without any +previous intrigue, the celerity of his enterprise, and the boldness of +his attempt, might overcome the weak attachment which the English and +Normans in that age bore to the law and to the rights of their +sovereign. He hastened over to England; and though the citizens of +Dover, and those of Canterbury, apprized of his purpose, shut their +gates against him, he stopped not till he arrived at London, where +some of the lower rank, instigated by his emissaries, as well as moved +by his general popularity, immediately saluted him king. His next +point was to acquire the good will of the clergy; and by performing +the ceremony of his coronation, to put himself in possession of the +throne, from which he was confident it would not be easy afterwards to +expel him. His brother, the Bishop of Winchester, was useful to him +in these capital articles: having gained Roger, Bishop of Salisbury, +who, though he owed a great fortune and advancement to the favour of +the late king, preserved no sense of gratitude to that prince's +family, he applied, in conjunction with that prelate, to William, +Archbishop of Canterbury, and required him, in virtue of his office, +to give the royal unction to Stephen. The primate, who, as all the +others, had shown fealty to Matilda, refused to perform this ceremony; +but his opposition was overcome by an expedient equally dishonourable +with the other steps by which this revolution was effected. Hugh +Bigod, steward of the household, made oath before the primate, that +the late king, on his deathbed, had shown a dissatisfaction with his +daughter Matilda, and had expressed his intention of leaving the Count +of Boulogne heir to all his dominions [d]. [MN 1135. 22d. Dec.] +William, either believing, of feigning to believe, Bigod's testimony, +anointed Stephen, and put the crown upon his head; and from this +religious ceremony that prince, without any shadow either of +hereditary title, or consent of the nobility or people, was allowed to +proceed to the exercise of sovereign authority. Very few barons +attended his coronation [e]; but none opposed his usurpation, however +unjust or flagrant. The sentiment of religion, which, if corrupted +into superstition, has often little efficacy in fortifying the duties +of civil society, was not affected by the multiplied oaths taken in +favour of Matilda, and only rendered the people obedient to a prince, +who was countenanced by the clergy, and who had received from the +primate the rite of royal unction and consecration [f]. +[FN [c] W. Malm. p. 179. Gest. Steph. p. 928. [d] Matt. Paris, p. +51. Diceto, p. 505. Chron. Dunst. p. 23. [e] Brompton, p. 1023. +[f] Such stress was formerly laid on the rite of coronation, that the +monkish writers never give any prince the title of king till he is +crowned; though he had for some time been in possession of the crown, +and exercised all the powers of sovereignty.] + +Stephen, that he might farther secure his tottering throne, passed a +charter, in which he made liberal promises to all orders of men: to +the clergy, that he would speedily fill all vacant benefices, and +would never levy the rents of any of them during the vacancy; to the +nobility, that he would reduce the royal forests to their ancient +boundaries, and correct all encroachments; and to the people, that he +would remit the tax of Danegelt, and restore the laws of King Edward +[g]. The late king had a great treasure at Winchester, amounting to a +hundred thousand pounds; and Stephen, by seizing this money, +immediately turned against Henry's family the precaution, which that +prince had employed for their grandeur and security: an event which +naturally attends the policy of amassing treasures. By means of this +money, the usurper ensured the compliance, though not the attachment, +of the principal clergy and nobility; but not trusting to this frail +security, he invited over from the continent, particularly from +Britany and Flanders, great numbers of these bravoes or disorderly +soldiers, with whom every country in Europe, by reason of the general +ill police and turbulent government, extremely abounded [h]. These +mercenary troops guarded his throne by the terrors of the sword; and +Stephen, that he might also overawe all malecontents by new and +additional terrors of religion, procured a bull from Rome, which +ratified his title, and which the pope, seeing this prince in +possession of the throne, and pleased with an appeal to his authority +in secular controversies, very readily granted him [i]. +[FN [g] W. Malmes. p. 179. Hoveden, p. 482. [h] W. Malm. p. 179. +[i] Hagulstadt, p. 259, 313.] + +[MN 1136.] Matilda, and her husband Geoffrey, were as unfortunate in +Normandy as they had been in England. The Norman nobility, moved by +an hereditary animosity against the Angevins, first applied to +Theobald, Count of Blois, Stephen's elder brother, for protection and +assistance; but hearing afterwards that Stephen had got possession of +the English crown, and having many of them the same reasons as +formerly for desiring a continuance of their union with that kingdom, +they transferred their allegiance to Stephen, and put him in +possession of their government. Lewis the younger, the reigning King +of France, accepted the homage of Eustace, Stephen's eldest son, for +the duchy; and the more to corroborate his connexions with that +family, he betrothed his sister, Constantia, to the young prince. The +Count of Blois resigned all his pretensions, and received, in lieu of +them, an annual pension of two thousand marks; and Geoffrey himself +was obliged to conclude a truce for two years with Stephen, on +condition of the king's paying him, during that time, a pension of +five thousand [k]. Stephen, who had taken a journey to Normandy, +finished all these transactions in person, and soon after returned to +England. +[FN [k] M. Paris, p. 52.] + +Robert, Earl of Gloucester, natural son of the late king, was a man of +honour and abilities; and as he was much attached to the interests of +his sister, Matilda, and zealous for the lineal succession, it was +chiefly from his intrigues and resistance that the king had reason to +dread a new revolution of government. This nobleman, who was in +Normandy when he received intelligence of Stephen's accession, found +himself much embarrassed concerning the measures which he should +pursue in that difficult emergency. To swear allegiance to the +usurper appeared to him dishonourable, and a breach of his oath to +Matilda: to refuse giving this pledge of his fidelity, was to banish +himself from England, and be totally incapacitated from serving the +royal family, or contributing to their restoration [l]. He offered +Stephen to do him homage, and to take the oath of fealty; but with an +express condition, that the king should maintain all his stipulations, +and should never invade any of Robert's rights or dignities: and +Stephen, though sensible that this reserve, so unusual in itself, and +so unbefitting the duty of a subject, was meant only to afford Robert +a pretence for a revolt on the first favourable opportunity, was +obliged, by the numerous friends and retainers of that nobleman, to +receive him on those terms [m]. The clergy, who could scarcely, at +this time, be deemed subjects to the crown, imitated that dangerous +example: they annexed to their oaths of allegiance this condition, +that they were only bound so long as the king defended the +ecclesiastical liberties, and supported the discipline of the church +[n]. The barons, in return for their submission, exacted terms still +more destructive of public peace, as well as of royal authority: many +of them required the right of fortifying their castles, and of putting +themselves in a posture of defence; and the king found himself totally +unable to refuse his consent to this exorbitant demand [o]. All +England was immediately filled with those fortresses, which the +noblemen garrisoned either with their vassals, or with licentious +soldiers, who flocked to them from all quarters. Unbounded rapine was +exercised upon the people for the maintenance of these troops; and +private animosities, which had with difficulty been restrained by law, +now breaking out without control, rendered England a scene of +uninterrupted violence and devastation. Wars between the nobles were +carried on with the utmost fury in every quarter; the barons even +assumed the right of coining money, and of exercising, without appeal, +every act of jurisdiction [p]; and the inferior gentry, as well as the +people, finding no defence from the laws during this total dissolution +of sovereign authority, were obliged for their immediate safety, to +pay court to some neighbouring chieftain, and to purchase his +protection, both by submitting to his exactions, and by assisting him +in his rapine upon others. The erection of one castle proved the +immediate cause of building many others; and even those who obtained +not the king's permission, thought that they were entitled, by the +great principle of self-preservation, to put themselves on an equal +footing with their neighbours, who commonly were also their enemies +and rivals. The aristocratical power, which is usually so oppressive +in the feudal governments, had now risen to its utmost height, during +the reign of a prince, who, though endowed with vigour and abilities, +had usurped the throne without the pretence of a title, and who was +necessitated to tolerate in others the same violence, to which he +himself had been beholden for his sovereignty. +[FN [l] W Malmes. p. 179. [m] Ibid. M. Paris, p. 51. [n] W. Malm, +p. 179. [o] Ibid. p. 180. [p] Trivet, p. 19 Gill. Neub. p. 372. +Chron. Heming. p. 487. Brompton, p. 1035.] + +But Stephen was not of a disposition to submit long to these +usurpations, without making some effort for the recovery of royal +authority. Finding that the legal prerogatives of the crown were +resisted and abridged, he was also tempted to make his power the sole +measure of his conduct; and to violate all those concessions which he +himself had made on his accession [q], as well as the ancient +privileges of his subjects. The mercenary soldiers, who chiefly +supported his authority, having exhausted the royal treasure, +subsisted by depredations; and every place was filled with the best +grounded complaints against the government. [MN 1137.] The Earl of +Gloucester, having now settled with his friends the plan of an +insurrection, retired beyond sea, sent the king a defiance, solemnly +renounced his allegiance, and upbraided him with the breach of those +conditions which had been annexed to the oath of fealty sworn by that +nobleman [r]. [MN 1138. War with Scotland.] David, King of Scotland, +appeared at the head of an army in defence of his niece's title, and +penetrating into Yorkshire, committed the most barbarous devastations +on that country. The fury of his massacres and ravages enraged the +northern nobility, who might otherwise have been inclined to join +him; and William, Earl of Albemarle, Robert de Ferrers, William +Piercy, Robert de Brus, Roger Moubray, Ilbert Lacey, Walter l'Espec, +powerful barons in those parts, assembled an army with which they +encamped at North-Allerton, and awaited the arrival of the enemy. [MN +22d. Aug.] A great battle was here fought, called the battle of the +STANDARD, from a high crucifix, erected by the English on a waggon, +and carried along with the army as a military ensign. The King of +Scots was defeated, and he himself, as well as his son Henry, narrowly +escaped falling into the hands of the English. This success overawed +the malecontents in England, and might have given some stability to +Stephen's throne, had he not been so elated with prosperity as to +engage in a controversy with the clergy, who were at that time an +overmatch for any monarch. +[FN [q] W. Malm. p. 180. M. Paris, p. 51. [r] W. Malm. p. 180.] + +Though the great power of the church, in ancient times, weakened the +authority of the crown, and interrupted the course of the laws, it may +be doubted, whether, in ages of such violence and outrage, it was not +rather advantageous that some limits were set to the power of the +sword, both in the hands of the prince and nobles, and that men were +taught to pay regard to some principles and privileges. The chief +misfortune was, that the prelates on some occasions acted entirely as +barons, employed military power against their sovereign or their +neighbours, and thereby often increased those disorders which it was +their duty to repress. The Bishop of Salisbury, in imitation of the +nobility, had built two strong castles, one at Sherborne, another at +Devizes, and had laid the foundations of a third at Malmesbury: his +nephew, Alexander, Bishop of Lincoln, had erected a fortress at +Newark: and Stephen, who was now sensible from experience of the +mischiefs attending these multiplied citadels, resolved to begin with +destroying those of the clergy, who, by their function, seemed less +entitled than the barons to such military securities [s]. [MN 1139.] +Making pretence of a fray which had arisen in court between the +retinue of the Bishop of Salisbury and that of the Earl of Britany, he +seized both that prelate and the Bishop of Lincoln, threw them into +prison, and obliged them by menaces to deliver up those places of +strength which they had lately erected [t]. +[FN [s] Gul. Neubr. p. 362. [t] Chron. Sax. p. 238. W. Malmes. p. +181.] + +Henry, Bishop of Winchester, the king's brother, being armed with a +legatine commission, now conceived himself to be an ecclesiastical +sovereign, no less powerful than the civil; and, forgetting the ties +of blood which connected him with the king, he resolved to vindicate +the clerical privileges, which, he pretended, were here openly +violated. [MN 30th Aug.] He assembled a synod at Westminster, and +there complained of the impiety of Stephen's measures, who had +employed violence against the dignitaries of the church, and had not +awaited the sentence of a spiritual court, by which alone, he +affirmed, they could lawfully be tried and condemned, if their conduct +had anywise merited censure or punishment. [u]. The synod ventured to +send a summons to the king charging him to appear before them, and to +justify his measures [w]; and Stephen, instead of resenting this +indignity, sent Aubrey de Vere to plead his cause before that +assembly. De Vere accused the two prelates of treason and sedition; +but the synod refused to try the cause, or examine their conduct, till +those castles, of which they had been dispossessed, were previously +restored to them [x]. The Bishop of Salisbury declared that he would +appeal to the pope; and had not Stephen and his partisans employed +menaces, and even shown a disposition of executing violence by the +hands of the soldiery, affairs had instantly come to extremity between +the crown and the mitre [y]. +[FN [u] W. Malm. p. 182. [w] Ibid. M Paris, p. 53. [x] W. Malm. p. +183. [y] Ibid.] + +While this quarrel, joined to so many other grievances, increased the +discontents among the people, the empress, invited by the opportunity, +and secretly encouraged by the legate himself, landed in England with +Robert Earl of Gloucester, and a retinue of a hundred and forty +knights. She fixed her residence at Arundel Castle, whose gates were +opened to her by Adelais, the queen-dowager, now married to William de +Albini, Earl of Sussex; and she excited, by messengers, her partisans +to take arms in every county of England. [MN 1139. 22d Sept. +Insurrection in favour of Matilda.] Adelais, who had expected that +her daughter-in-law would have invaded the kingdom with a much greater +force, became apprehensive of danger; and Matilda, to ease her of her +fears, removed, first to Bristol, which belonged to her brother +Robert, thence to Gloucester, where she remained under the protection +of Milo, a gallant nobleman in those parts, who had embraced her +cause. Soon after Geoffrey Talbot, William Mohun, Ralph Lovel, +William Fitz-John, William Fitz-Alan, Paganell, and many other barons, +declared for her; and her party, which was generally favoured in the +kingdom, seemed every day to gain ground upon that of her antagonist. + +Were we to relate all the military events transmitted to us by +contemporary and authentic historians, it would be easy to swell our +accounts of this reign into a large volume: but those incidents, so +little memorable in themselves, and so confused both in time and +place, could afford neither instruction nor entertainment to the +reader. It suffices to say, that the war was spread into every +quarter, and that those turbulent barons, who had already shaken off, +in a great measure, the restraint of government, having now obtained +the pretence of a public cause, carried on their devastations with +redoubled fury, exercised implacable vengeance on each other, and set +no bounds to their oppressions over the people. The castles of the +nobility were become receptacles of licensed robbers; who, sallying +forth day and night, committed spoil on the open country, on the +villages, and even on the cities, put the captives to torture, in +order to make them reveal their treasures; sold their persons to +slavery; and set fire to their houses, after they had pillaged them of +every thing valuable. The fierceness of their disposition, leading +them to commit wanton destruction, frustrated their rapacity of its +purpose; and the property and persons even of the ecclesiastics, +generally so much revered, were at last, from necessity, exposed to +the same outrage which had laid waste the rest of the kingdom. The +land was left untilled; the instruments of husbandry were destroyed or +abandoned; and a grievous famine, the natural result of those +disorders, affected equally both parties, and reduced the spoilers as +well as the defenceless people to the most extreme want and indigence +[z]. +[FN [z] Chron. Sax. p. 238. W. Malmes. p. 185. Gest. Steph p. 961.] + +[MN 1140.] After several fruitless negotiations and treaties of +peace, which never interrupted these destructive hostilities, there +happened at last an event, which seemed to promise some end of the +public calamities. Ralph, Earl of Chester, and his half-brother, +William de Roumara, partisans of Matilda, had surprised the castle of +Lincoln; but the citizens, who were better affected to Stephen, having +invited him to their aid, that prince laid close siege to the castle, +in hopes of soon rendering himself master of the place, either by +assault or by famine. The Earl of Gloucester hastened with an army to +the relief of his friends; and Stephen, informed of his approach, took +the field with a resolution of giving him battle. [MN 1141. 2d Feb.] +After a violent shock, the two wings of the royalists were put to +flight; and Stephen himself, surrounded by the enemy, was at last, +after exerting great efforts of valour, borne down by numbers, and +taken prisoner. [MN Stephen taken prisoner.] He was conducted to +Gloucester; and though at first treated with humanity was soon after, +on some suspicion, thrown into prison and loaded with irons. + +Stephen's party was entirely broken by the captivity of their leader, +and the barons came in daily from all quarters, and did homage to +Matilda. The princess, however, amidst all her prosperity, knew that +she was not secure of success unless she could gain the confidence of +the clergy; and as the conduct of the legate had been of late very +ambiguous, and shown his intentions to have rather aimed at humbling +his brother than totally ruining him, she employed every endeavour to +fix him in her interests. [MN 2d March.] She held a conference with +him in an open plain near Winchester, where she promised, upon oath, +that if he would acknowledge her for sovereign, would recognize her +title as the sole descendant of the late king, and would again submit +to the allegiance which he, as well as the rest of the kingdom, had +sworn to her, he should in return be entire master of the +administration, and, in particular, should, at his pleasure, dispose +of all vacant bishoprics and abbeys. Earl Robert, her brother, Brian +Fitz-Count, Milo of Gloucester, and other great men, became guarantees +for her observing these engagements [a]; and the prelate was at last +induced to promise her allegiance, but that still burdened with the +express condition, that she should, on her part, fulfil her promises. +He then conducted her to Winchester, led her in procession to the +cathedral, and with great solemnity, in the presence of many bishops +and abbots, denounced curses against all those who cursed her, poured +out blessings on those who blessed her, granted absolution to such as +were obedient to her, and excommunicated such as were rebellious [b]. +Theobald, Archbishop of Canterbury, soon after came also to court, and +swore allegiance to the empress [c]. +[FN [a] W. Malm. p. 187. [b] Chron. Sax. p. 242. Contin. Flor. Wig. +p. 676. [c] W. Malmes p. 187.] + +[MN Matilda crowned.] Matilda, that she might farther ensure the +attachment of the clergy, was willing to receive the crown from their +hands; and instead of assembling the states of the kingdom, the +measure which the constitution, had it been either fixed or regarded, +seemed necessarily to require, she was content that the legate should +assemble an ecclesiastical synod, and that her title to the throne +should there be acknowledged. The legate, addressing himself to the +assembly, told them, that in the absence of the empress, Stephen, his +brother, had been permitted to reign, and, previously to his ascending +the throne, had induced them by many fair promises, of honouring and +exalting the church, of maintaining the laws, and of reforming all +abuses: that it grieved him to observe how much that prince had, in +every particular, been wanting to his engagements; public peace was +interrupted, crimes were daily committed with impunity, bishops were +thrown into prison and forced to surrender their possessions, abbeys +were put to sale, churches were pillaged, and the most enormous +disorders prevailed in the administration: that he himself, in order +to procure a redress of these grievances, had formerly summoned the +king before a council of bishops; but, instead of inducing him to +amend his conduct, had rather offended him by that expedient: that, +how much soever misguided, that prince was still his brother, and the +object of his aflections; but his interests, however, must be regarded +as subordinate to those of their heavenly Father, who had now rejected +him, and thrown him into the hands of his enemies: that it principally +belonged to the clergy to elect and ordain kings; he had summoned them +together for that purpose and having invoked the divine assistance; he +now pronounced Matilda, the only descendant of Henry, the late +sovereign, Queen of England. The whole assembly by their acclamations +or silence, gave, or seemed to give, their assent to this declaration +[d]. +[FN [d] W. Malmes. p. 188. This author, a judicious man, was present, +and says, that he was very attentive to what passed. This speech, +therefore, may he regarded as entirely genuine.] + +The only laymen summoned to this council, which decided the fate of +the crown, were the Londoners; and even these were required not to +give their opinion but to submit to the decrees of the synod. The +deputies of London, however, were not so passive: they insisted that +their king should be delivered from prison; but were told by the +legate, that it became not the Londoners, who were regarded as +noblemen in England, to take part with those barons, who had basely +forsaken their lord in battle, and who had treated the holy church +with contumely [e]: it is with reason that the citizens of London +assumed so much authority, if it be true, what is related by +Fitz-Stephen, a contemporary author, that that city could at this time +bring into the field no less than eighty thousand combatants [f]. +[FN [e] W. Malmes. p. 188. [f] P. 4. Were this account to be depended +on, London must at that time have contained near four hundred thousand +inhabitants, which is above double the number it contained at the +death of Queen Elizabeth. But these loose calculations, or rather +guesses, deserve very little credit. Peter of Blois, a contemporary +writer, and a man of sense, says there were then only forty thousand +inhabitants in London, which is much more likely. See Epist. 151. +What Fitz-Stephen says of the prodigious riches, splendour, and +commerce of London, proves only the great poverty of the other towns +of the kingdom, and indeed of all the northern parts of Europe.] + +London, notwithstanding its great power, and its attachment to +Stephen, was at length obliged to submit to Matilda; and her +authority, by the prudent conduct of Earl Robert, seemed to be +established over the whole kingdom: but affairs remained not long in +this situation. That princess, besides the disadvantages of her sex, +which weakened her influence over a turbulent and martial people, was +of a passionate, imperious spirit, and knew not how to temper with +affability the harshness of a refusal. Stephen's queen, seconded by +many of the nobility, petitioned for the liberty of her husband; and +offered that, on this condition, he should renounce the crown and +retire into a convent. The legate desired that Prince Eustace, his +nephew, might inherit Boulogne and the other patrimonial estates of +his father [g]: the Londoners applied for the establishment of King +Edward's laws, instead of those of King Henry, which, they said, were +grievous and oppressive [h]. All these petitions were rejected in the +most haughty and peremptory manner. +[FN [g] Brompton, p. 1031. [h] Contin. Flor. Wig. p. 577. Gervase, +p. 1355.] + +The legate, who had probably never been sincere in his compliance with +Matilda's government, availed himself of the ill-humour excited by +this imperious conduct, and secretly instigated the Londoners to a +revolt. A conspiracy was entered into to seize the person of the +empress; and she saved herself from the danger by a precipitate +retreat. She fled to Oxford: soon after she went to Winchester; +whither the legate, desirous to save appearances, and watching the +opportunity to ruin her cause, had retired. But having assembled all +his retainers, he openly joined his force to that of the Londoners, +and to Stephen's mercenary troops, who had not yet evacuated the +kingdom; and he besieged Matilda in Winchester. The princess, being +hard pressed by famine, made her escape; but in the flight, Earl +Robert, her brother, fell into the hands of the enemy. This nobleman, +though a subject, was as much the life and soul of his own party, as +Stephen was of the other; [MN Stephen released.] and the empress, +sensible of his merit and importance, consented to exchange the +prisoners on equal terms. The civil war was again kindled with +greater fury than ever. + +[MN 1142.] Earl Robert, finding the successes on both sides nearly +balanced, went over to Normandy, which, during Stephen's captivity, +had submitted to the Earl of Anjou; and he persuaded Geoffrey to allow +his eldest son, Henry, a young prince of great hopes, to take a +journey into England, and appear at the head of his partisans. This +expedient, however, produced nothing decisive. Stephen took Oxford +after a long siege [MN 1143.]: he was defeated by Earl Robert at +Wilton: and the empress, though of a masculine spirit, yet being +harassed with a variety of good and bad fortune, and alarmed with +continual dangers to her person and family, at last retired into +Normandy, whither she had sent her son some time before. [MN 1146. +Continuation of the civil wars.] The death of her brother, which +happened nearly about the same time, would have proved fatal to her +interests, had not some incidents occurred which checked the course of +Stephen's prosperity. This prince, finding that the castles built by +the noblemen of his own party encouraged the spirit of independence, +and were little less dangerous than those which remained in the hands +of the enemy, endeavoured to extort from them a surrender of those +fortresses; and he alienated the affections of many of them by this +equitable demand. The artillery also of the church, which his brother +had brought over to his side, had, after some interval, joined the +other party. Eugenius III. had mounted the papal throne; the Bishop +of Winchester was deprived of the legatine commission, which was +conferred on Theobald, Archbishop of Canterbury, the enemy and rival +of the former legate. That pontiff also, having summoned a general +council at Rheims, in Champaigne, instead of allowing the church of +England, as had been usual, to elect its own deputies, nominated five +English bishops to represent that church, and required their +attendance in the council. Stephen, who, notwithstanding his present +difficulties, was jealous of the rights of his crown, refused them +permission to attend [i]; and the pope, sensible of his advantage in +contending with a prince who reigned by a disputed title, took revenge +by laying all Stephen's party under an interdict [k]. [MN 1147.] The +discontents of the royalists, at being thrown into this situation, +were augmented by a comparison with Matilda's party, who enjoyed all +the benefits of the sacred ordinances; and Stephen was at last +obliged, by making proper submissions to the see of Rome, to remove +the reproach from his party [l]. +[FN [i] Epist. St. Thom. p. 225. [k] Chron. W. Thorn. p. 1807. [l] +Epist St. Thom. p. 226.] + +[MN 1148.] The weakness of both sides, rather than any decrease of +mutual animosity, having produced a tacit cessation of arms in +England, many of the nobility, Roger de Moubray, William de Warenne, +and others, finding no opportunity to exert their military ardour at +home, enlisted themselves in a new crusade, which, with surprising +success, after former disappointments and misfortunes, was now +preached by St. Bernard [m]. But an event soon after happened which +threatened a revival of hostilities in England. Prince Henry, who had +reached his sixteenth year, was desirous of receiving the honour of +knighthood; a ceremony which every gentleman in that age passed +through before he was admitted to the use of arms, and which was even +deemed requisite for the greatest princes. He intended to receive his +admission from his great-uncle, David, King of Scotland; and for that +purpose he passed through England with a great retinue, and was +attended by the most considerable of his partisans. He remained some +time with the King of Scotland; made incursions into England; and by +his dexterity and vigour in all manly exercises, by his valour in war, +and his prudent conduct in every occurrence, he roused the hopes of +his party, and gave symptoms of those great qualities which he +afterwards displayed when he mounted the throne of England. [MN +1150.] Soon after his return to Normandy, he was, by Matilda's +consent, invested in that duchy; and upon the death of his father, +Geoffrey, which happened in the subsequent year, he took possession +both of Anjou and Maine, and concluded a marriage, which brought him a +great accession of power, and rendered him extremely formidable to his +rival. Eleanor, the daughter and heir of William, Duke of Guienne and +Earl of Poictou, had been married sixteen years to Lewis VII. King of +France, [MN 1152.] and had attended him in a crusade, which that +monarch conducted against the infidels; but having there lost the +affections of her husband, and even fallen under some suspicion of +gallantry with a handsome Saracen, Lewis, more delicate than politic, +procured a divorce from her, and restored her those rich provinces, +which by her marriage she had annexed to the crown of France. Young +Henry, neither discouraged by the inequality of years, nor by the +reports of Eleanor's gallantries, made successful courtship to that +princess, and, espousing her six weeks after her divorce, got +possession of all her dominions as her dowry. The lustre which he +received from this acquisition, and the prospect of his rising +fortune, had such an effect in England, that, when Stephen, desirous +to ensure the crown to his son Eustace, required the Archbishop of +Canterbury to anoint that prince as his successor, the primate refused +compliance, and made his escape beyond sea, to avoid the violence and +resentment of Stephen. +[FN [m] Hagulst. p. 275, 276.] + +[MN 1153.] Henry, informed of these dispositions in the people, made +an invasion on England. Having gained some advantage over Stephen at +Malmesbury, and having taken that place, he proceeded thence to throw +succours into Wallingford, which the king had advanced with a superior +army to besiege. A decisive action was every day expected; when the +great men of both sides, terrified at the prospect of farther +bloodshed and confusion, interposed with their good offices, and set +on foot a negotiation between the rival princes. The death of +Eustace, during the course of the treaty, facilitated its conclusion; +[MN Compromise between the king and Prince Henry.] an accommodation +was settled, by which it was agreed, that Stephen should possess the +crown during his lifetime, that justice should be administered in his +name, even in the provinces which had submitted to Henry, and that +this latter prince should, on Stephen's demise, succeed to the +kingdom, and William, Stephen's son, to Boulogne and his patrimonial +estate. After all the barons had sworn to the observance of this +treaty, and done homage to Henry, as to the heir of the crown, that +prince evacuated the kingdom; [MN Death of the king, Oct. 25, 1154.] +and the death of Stephen, which happened the next year, after a short +illness, prevented all those quarrels and jealousies which were likely +to have ensued in so delicate a situation. + +England suffered great miseries during the reign of this prince: but +his personal character, allowing for the temerity and injustice of his +usurpation, appears not liable to any great exception; and he seems to +have been well qualified, had he succeeded by a just title, to have +promoted the happiness and prosperity of his subjects [n]. He was +possessed of industry, activity, and courage, to a great degree; +though not endowed with a sound judgment, he was not deficient in +abilities; he had the talent of gaining men's affections; and +notwithstanding his precarious situation, he never indulged himself in +the exercise of any cruelty or revenge [o]. His advancement to the +throne procured him neither tranquillity nor happiness; and though the +situation of England prevented the neighbouring states from taking any +durable advantage of her confusions, her intestine disorders were to +the last degree ruinous and destructive. The court of Rome was also +permitted, during those civil wars, to make farther advances in her +usurpations; and appeals to the pope, which had always been strictly +prohibited by the English laws, became now common in every +ecclesiastical controversy [p]. +[FN [n] W. Malm. p. 180. [o] M. Paris, p. 51. Hagul. p. 312. [p] H. +Hunt. p. 395.] + + + + +CHAPTER VIII. + +HENRY II. + +STATE OF EUROPE--OF FRANCE.--FIRST ACTS OF HENRY'S GOVERNMENT-- +DISPUTES BETWEEN THE CIVIL AND ECCLESIASTICAL POWERS.—THOMAS À BECKET, +ARCHBISHOP OF CANTERBURY.--QUARREL BETWEEN THE KING AND BECKET.-- +CONSTITUTIONS OF CLARENDON.--BANISHMENT OF BECKET.--COMPROMISE WITH +HIM.--HIS RETURN FROM BANISHMENT.--HIS MURDER--GRIEF AND SUBMISSION OF +THE KING. + + + +[MN 1154. State of Europe] +The extensive confederacies by which the European potentates are now +at once united and set in opposition to each other, and which, though +they are apt to diffuse the least spark of dissension throughout the +whole, are at least attended with this advantage, that they prevent +any violent revolutions or conquests in particular states, were +totally unknown in ancient ages; and the theory of foreign politics, +in each kingdom, formed a speculation much less complicated and +involved than at present. Commerce had not yet bound together the +most distant nations in so close a chain: wars, finished in one +campaign, and often in one battle, were little affected by the +movements of remote states: the imperfect communication among the +kingdoms, and their ignorance of each other's situation, made it +impracticable for a great number of them to combine in one project or +effort: and above all, the turbulent spirit and independent situation +of the barons or great vassals in each state gave so much occupation +to the sovereign, that he was obliged to confine his attention chiefly +to his own state and his own system of government, and was more +indifferent about what passed among his neighbours. Religion alone, +not politics, carried abroad the views of princes; while it either +fixed their thoughts on the Holy Land, whose conquest and defence was +deemed a point of common honour and interest, or engaged them in +intrigues with the Roman pontiff, to whom they had yielded the +direction of ecclesiastical affairs, and who was every day assuming +more authority than they were willing to allow him. + +Before the conquest of England by the Duke of Normandy, this island +was as much separated from the rest of the world in politics as in +situation; and except from the inroads of the Danish pirates, the +English, happily confined at home, had neither enemies nor allies on +the continent. The foreign dominions of William connected them with +the king and great vassals of France; and while the opposite +pretensions of the pope and emperor in Italy produced a continual +intercourse between Germany and that country, the two great monarchs +of France and England formed, in another part of Europe, a separate +system; and carried on their wars and negotiations, without meeting +either with opposition or support from the others. + +[MN State of France.] +On the decline of the Carlovingian race, the nobles in every province +of France, taking advantage of the weakness of the sovereign, and +obliged to provide, each for his own defence, against the ravages of +the Norman freebooters, had assumed, both in civil and military +affairs, an authority almost independent, and had reduced within very +narrow limits the prerogative of their princes. The accession of Hugh +Capet, by annexing a great fief to the crown, had brought some +addition to the royal dignity; but this fief, though considerable for +a subject, appeared a narrow basis of power for a prince who was +placed at the head of so great a community. The royal demesnes +consisted only of Paris, Orleans, Estampes, Compeigne, and a few +places scattered over the northern provinces: in the rest of the +kingdom, the prince's authority was rather nominal than real: the +vassals were accustomed, nay entitled, to make war, without his +permission, on each other: they were even entitled, if they conceived +themselves injured, to turn their arms against their sovereign: they +exercised all civil jurisdiction, without appeal, over their tenants +and inferior vassals: their common jealousy of the crown easily united +them against any attempt on their exorbitant privileges; and as some +of them had attained the power and authority of great princes, even +the smallest baron was sure of immediate and effectual protection. +Besides six ecclesiastical peerages, which, with the other immunities +of the church, cramped extremely the general execution of justice, +there were six lay peerages, Burgundy, Normandy, Guienne, Flanders, +Toulouse, and Champaigne, which formed very extensive and puissant +sovereignties. And though the combination all those princes and +barons could, on urgent occasions, muster a mighty power; yet it was +very difficult to set that great machine in movement; it was almost +impossible to preserve harmony in its parts; a sense of common +interest alone could, for a time, unite them under their sovereign +against a common enemy; but if the king attempted to turn the force of +the community against any mutinous vassal, the same sense of common +interest made the others oppose themselves to the success of his +pretensions. Lewis the Gross, the last sovereign, marched at one time +to his frontiers against the Germans at the head of an army of two +hundred thousand men; but a petty lord of Corbeil, of Puiset, of +Couci, was able, at another period, to set that prince at defiance, +and to maintain open war against him. + +The authority of the English monarch was much more extensive within +his kingdom, and the disproportion much greater between him and the +most powerful of his vassals. His demesnes and revenue were large, +compared to the greatness of his state: he was accustomed to levy +arbitrary exactions on his subjects; his courts of judicature extended +their jurisdiction into every part of the kingdom: he could crush by +his power, or by a judicial sentence, well or ill founded, any +obnoxious baron: and though the feudal institutions which prevailed in +his kingdom had the same tendency as in other states to exalt the +aristocracy and depress the monarchy, it required, in England, +according to its present constitution, a great combination of the +vassals to oppose their sovereign lord, and there had not hitherto +arisen any baron so powerful, as of himself to levy war against the +prince, and to afford protection to the inferior barons. + +While such were the different situations of France and England, and +the latter enjoyed so many advantages above the former, the accession +of Henry II., a prince of great abilities, possessed of so many rich +provinces on the continent, might appear an event dangerous, if not +fatal, to the French monarchy, and sufficient to break entirely the +balance between the states. He was master, in the right of his +father, of Anjou and Touraine; in that of his mother, of Normandy and +Maine; in that of his wife, of Guienne, Poictou, Xaintogne, Auvergne, +Perigord, Angoumois, the Limousin. He soon after annexed Britany to +his other states, and was already possessed of the superiority over +that province, which, on the first cession of Normandy to Rollo, the +Dane, had been granted by Charles the Simple, in vassalage to that +formidable ravager. These provinces composed above a third of the +whole French monarchy, and were much superior, in extent and opulence, +to those territories which were subjected to the immediate +jurisdiction and government of the king. The vassal was here more +powerful than his liege lord: the situation which had enabled Hugh +Capet to depose the Carlovingian princes seemed to be renewed, and +that with much greater advantages on the side of the vassal; and when +England was added to so many provinces, the French king had reason to +apprehend, from this conjuncture, some great disaster to himself and +to his family: but in reality, it was this circumstance, which +appeared so formidable, that saved the Capetian race, and, by its +consequences, exalted them to that pitch of grandeur which they at +present enjoy. + +The limited authority of the prince in the feudal constitutions +prevented the King of England from employing with advantage the force +of so many states, which were subjected to his government; and these +different members, disjoined in situation, and disagreeing in laws, +language, and manners, were never thoroughly cemented into one +monarchy. He soon became, both from his distant place of residence, +and from the incompatibility of interests, a kind of foreigner to his +French dominions; and his subjects on the continent considered their +allegiance as more naturally due to their superior lord, who lived in +their neighbourhood, and who was acknowledged to be the supreme head +of their nation. He was always at hand to invade them; their +immediate lord was often at too great a distance to protect them; and +any disorder in any part of his dispersed dominions gave advantages +against him. The other powerful vassals of the French crown were +rather pleased to see the expulsion of the English, and were not +affected with that jealousy, which would have arisen from the +oppression of a co-vassal, who was of the same rank with themselves. +By this means, the King of France found it more easy to conquer those +numerous provinces from England, than to subdue a Duke of Normandy or +Guienne, a Count of Anjou, Maine, or Poictou. And after reducing such +extensive territories, which immediately incorporated with the body of +the monarchy, he found greater facility in uniting to the crown the +other great fiefs which still remained separate and independent. + +But as these important consequences could not be foreseen by human +wisdom, the King of France remarked with terror the rising grandeur of +the house of Anjou, or Plantagenet; and, in order to retard its +progress, he had ever maintained a strict union with Stephen, and had +endeavoured to support the tottering fortunes of that bold usurper. +But after this prince's death it was too late to think of opposing the +succession of Henry, or preventing the performance of those +stipulations which, with the unanimous consent of the nation, he had +made with his predecessor. The English, harassed with civil wars, and +disgusted with the bloodshed and depredations which, during the course +of so many years, had attended them, were little disposed to violate +their oaths, by excluding the lawful heir from the succession of their +monarchy [a]. Many of the most considerable fortresses were in the +hands of his partisans; the whole nation had had occasion to see the +noble qualities with which he was endowed [b], and to compare them +with the mean talents of William the son of Stephen; and as they were +acquainted with his great power, and were rather pleased to see the +accession of so many foreign dominions to the crown of England, they +never entertained the least thoughts of resisting them. Henry +himself, sensible of the advantages attending his present situation, +was in no hurry to arrive in England; and being engaged in the siege +of a castle on the frontiers of Normandy, when he received +intelligence of Stephen's death, [MN Dec.] he made it a point of +honour not to depart from his enterprise till he had brought it to an +issue. He then set out on his journey and was received in England +with the acclamations of all orders of men, who swore with pleasure +the oath of fealty and allegiance to him. +[FN [a] Matt. Paris, p. 65. [b] Gul. Neubr. p. 381.] + +[MN 1155. First acts of Henry’s government.] +The first acts of Henry's government corresponded to the high idea +entertained of his abilities, and prognosticated the re-establishment +of justice and tranquillity, of which the kingdom had so long been +bereaved. He immediately dismissed all those mercenary soldiers who +had committed great disorders in the nation; and he sent them abroad, +together with William of Ypres, their leader, the friend and confidant +of Stephen [c]. He revoked all the grants made by his predecessor +[d], even those which necessity had extorted from the Empress Matilda; +and that princess, who had resigned her rights in favour of Henry, +made no opposition to a measure so necessary for supporting the +dignity of the crown. He repaired the coin, which had been extremely +debased during the reign of his predecessor; and he took proper +measures against the return of a like abuse [e]. He was vigorous in +the execution of justice, and in the suppression of robbery and +violence; and that he might restore authority to the laws, he caused +all the new erected castles to be demolished, which had proved so many +sanctuaries to freebooters and rebels [f]. The Earl of Albemarle, +Hugh Mortimer, and Roger the son of Milo of Gloucester, were inclined +to make some resistance to this salutary measure; but the approach of +the king with his forces soon obliged them to submit. +[FN [c] Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. Chron. +T. Wykes, p. 30. [d] Neub. p. 382. [e] Hoveden, p. 491. [f] +Hoveden, p. 491. Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. +Brompton, p. 1043.] + +[MN 1156.] Every thing being restored to full tranquillity in +England, Henry went abroad in order to oppose the attempts of his +brother Geoffrey, who, during his absence, had made an incursion into +Anjou and Maine, had advanced some pretensions to those provinces, and +had got possession of a considerable part of them [g]. On the king’s +appearance, the people returned to their allegiance; and Geoffrey, +resigning his claim for an annual pension of a thousand pounds, +departed and took possession of the county of Nantz, which the +inhabitants, who had expelled Count Hoel, their prince, had put into +his hands. [MN 1157.] Henry returned to England the following year: +the incursions of the Welsh then provoked him to make an invasion upon +them; where the natural fastnesses of the country occasioned him great +difficulties, and even brought him into danger. His vanguard, being +engaged in a narrow pass, was put to rout. Henry de Essex, the +hereditary standard-bearer, seized with a panic, threw down the +standard, took to flight and exclaimed, that the king. was slain: and +had not the prince immediately appeared in person, and led on his +troops with great gallantry, the consequences might have proved fatal +to the whole army [h]. For this misbehaviour, Essex was afterwards +accused of felony by Robert de Montfort; was vanquished in single +combat; his estate was confiscated; and he himself was thrust into a +convent [i]. The submissions of the Welsh procured them an +accommodation with England. +[FN [g] See note [O], at the end of the volume. [h] Neubr. p. 383. +Chron. W. Heming. p. 492. [i] M. Paris, p. 70 Neubr. p. 383.] + +[MN 1158.] The martial disposition of the princes in that age engaged +them to head their own armies in every enterprise, even the most +frivolous; and their feeble authority made it commonly impracticable +for them to delegate, on occasion, the command to their generals. +Geoffrey, the king's brother, died soon after he had acquired +possession of Nantz: though he had no other title to that county than +the voluntary submission or election of the inhabitants two years +before, Henry laid claim to the territory as devolved to him by +hereditary right, and he went over to support his pretensions by force +of arms. Conan, Duke or Earl of Britany, (for these titles are given +indifferently by historians to those princes,) pretended that Nantz +had been lately separated by rebellion from his principality, to which +of right it belonged; and immediately on Geoffrey's death he took +possession of the disputed territory. Lest Lewis, the French king, +should interpose in the controversy, Henry paid him a visit; and so +allured him by caresses and civilities, that an alliance was +contracted between them; and they agreed that young Henry, heir to the +English monarchy, should be affianced to Margaret of France though the +former was only five years of age, and the latter was still in her +cradle. Henry, now secure of meeting with no interruption on this +side, advanced with his army into Britany; and Conan, in despair of +being able to make resistance, delivered up the county of Nantz to +him. The able conduct of the king procured him farther and more +important advantages from this incident. Conan, harassed with the +turbulent disposition of his subjects, was desirous of procuring to +himself the support of so great a monarch; and he betrothed his +daughter and only child, yet an infant, to Geoffrey, the king's third +son, who was of the same tender years. The Duke of Britany died about +seven years after; and Henry being MESNE lord, and also natural +guardian to his son and daughter-in-law, put himself in possession of +that principality, and annexed it for the present to his other great +dominions. + +[MN 1159.] The king had a prospect of making still farther +acquisitions; and the activity of his temper suffered no opportunity +of that kind to escape him. Philippa, Duchess of Guienne, mother of +Queen Eleanor, was the only issue of William IV., Count of Toulouse; +and would have inherited his dominions, had not that prince, desirous +of preserving the succession in the male line, conveyed the +principality to his brother, Raymond de St. Gilles, by a contract of +sale which was in that age regarded as fictitious and illusory. By +this means the title to the county of Toulouse came to be disputed +between the male and female heirs; and the one or the other, as +opportunities favoured them, had obtained possession. Raymond, +grandson of Raymond de St. Gilles, was the reigning sovereign; and on +Henry’s reviving his wife’s claim, this prince had recourse for +protection to the King of France, who was so much concerned in policy +to prevent the farther aggrandizement of the English monarch. Lewis +himself, when married to Eleanor, had asserted the justice of her +claim, and had demanded possession of Toulouse [k]; but his sentiments +changing with his interest, he now determined to defend, by his power +and authority, the title of Raymond. Henry found that it would be +requisite to support his pretensions against potent antagonists; and +that nothing but a formidable army could maintain a claim which he had +in vain asserted by arguments and manifestoes. +[FN [k] Neubr. p. 387. Chron. W. Heming. p. 494.] + +An army, composed of feudal vassals, was commonly very intractable and +undisciplined, both because of the independent spirit of the persons +who served in it, and because the commands were not given, either by +the choice of the sovereign, or from the military capacity and +experience of the officers. Each baron conducted his own vassals: his +rank was greater or less, proportioned to the extent of his property: +even the supreme command under the prince was often attached to birth; +and as the military vassals were obliged to serve only forty days at +their own charge; though if the expedition were distant, they were put +to great expense; the prince reaped little benefit from their +attendance. Henry, sensible of these inconveniences, levied upon his +vassals in Normandy, and other provinces which were remote from +Toulouse, a sum of money in lieu of their service; and this +commutation, by reason of the great distance, was still more +advantageous to his English vassals. He imposed, therefore, a scutage +of one hundred and eighty thousand pounds on the knight’s fees, a +commutation to which, though it was unusual, and the first perhaps to +be met with in history [l], the military tenants willingly submitted; +and with this money he levied an army which was more under his +command, and whose service was more durable and constant. Assisted by +Berenger, Count of Barcelona, and Trincaval, Count of Nismes, whom he +had gained to his party, he invaded the county of Toulouse; and after +taking Verdun, Castlenau, and other places, he besieged the capital of +the province, and was likely to prevail in the enterprise: when Lewis, +advancing before the arrival of his main body, threw himself into the +place with a small reinforcement. [MN 1160.] Henry was urged by some +of his ministers to prosecute the siege, to take Lewis prisoner, and +to impose his own terms in the pacification; but he either thought it +so much his interest to maintain the feudal principles, by which his +foreign dominions were secured, or bore so much respect to his +superior lord, that he declared he would not attack a place defended +by him in person; and he immediately raised the siege [m]. He marched +into Normandy, to protect that province against an incursion which the +Count of Dreux, instigated by King Lewis, his brother, had made upon +it. War was now openly carried on between the two monarchs, but +produced no memorable event: it soon ended in a cessation of arms, and +that followed by a peace, which was not, however, attended with any +confidence or good correspondence between those rival princes. The +fortress of Gisors, being part of the dowry stipulated to Margaret of +France, had been consigned by agreement to the Knights Templars, on +condition that it should be delivered into Henry's hands after the +celebration of the nuptials. The king, that he might have a pretence +for immediately demanding the place, ordered the marriage to be +solemnized between the prince and princess, though both infants [n]; +and he engaged the Grand Master of the Templars, by large presents, as +was generally suspected, to put him in possession of Gisors [o]. [MN +1161.] Lewis, resenting this fraudulent conduct, banished the +Templars, and would have made war upon the King of England, had it not +been for the mediation and authority of Pope Alexander III., who had +been chased from Rome by the anti-pope, Victor IV., and resided at +that time in France. That we may form an idea of the authority +possessed by the Roman pontiff during those ages, it may be proper to +observe, that the two kings had, the year before, met the pope at the +castle of Torci, on the Loire; and they gave him such marks of +respect, that both dismounted to receive him, and holding each of them +one of the reins of his bridle, walked on foot by his side, and +conducted him in that submissive manner into the castle [p]. A +SPECTACLE, cries Baronius in an ecstasy, TO GOD, ANGELS AND MEN; AND +SUCH AS HAD NEVER BEFORE BEEN EXHIBITED TO THE WORLD! +[FN [l] Madox, p. 435. Gervase, p. 1381. See Note [P], at the end of +the volume. [m] Fitz-Steph. p. 22. Diceto, p. 531. [n] Hoveden, p. +492. Neubr. p. 400. Diceto, p. 532. Brompton, p. 1450. [o] Since +the first publication of this history, Lord Lyttelton has published a +copy of the treaty between Henry and Lewis, by which it appears, if +there was no secret article, that Henry was not guilty of any fraud in +this transaction. [p] Trivet, p. 48.] + +[MN 1162.] Henry, soon after he had accommodated his differences with +Lewis, by the pope's mediation, returned to England; where he +commenced an enterprise which, though required by sound policy, and +even conducted in the main with prudence, bred him great disquietude, +involved him in danger, and was not concluded without some loss and +dishonour. + +[MN Disputes between the civil and ecclesiastical powers.] +The usurpations of the clergy, which had at first been gradual, were +now become so rapid, and had mounted to such a height, that the +contest between the regale and pontificale was really arrived at a +crisis in England, and it became necessary to determine whether the +king or the priests, particularly the Archbishop of Canterbury, should +be sovereign of the kingdom [q]. The aspiring spirit of Henry, which +gave inquietude to all his neighbours, was not likely long to pay a +tame submission to the encroachments of subjects; and as nothing +opened the eyes of men so readily as their interests, he was in no +danger of falling, in this respect, into that abject superstition +which retained his people in subjection. From the commencement of his +reign, in the government of his foreign dominions, as well as of +England, he had shown a fixed purpose to repress clerical usurpations, +and to maintain those prerogatives which had been transmitted to him +by his predecessors. During the schism of the papacy between +Alexander and Victor, he had determined, for some time, to remain +neuter: and when informed that the Archbishop of Rouen and the Bishop +of Mans had, from their own authority, acknowledged Alexander as +legitimate pope, he was so enraged, that, though he spared the +archbishop on account of his great age, he immediately issued orders +for overthrowing the houses of the Bishop of Mans and Archdeacon of +Rouen [r]; and it was not till he had deliberately examined the +matter, by those views which usually enter into the councils of +princes, that he allowed that pontiff to exercise authority over any +of his dominions. In England, the mild character and advanced years +of Theobald, Archbishop of Canterbury, together with his merits in +refusing to put the crown on the head of Eustace, son of Stephen, +prevented Henry, during the lifetime of that primate, from taking any +measures against the multiplied encroachments of the clergy; but after +his death, the king resolved to exert himself with more activity, and +that he might be secure against any opposition, he advanced to that +dignity Becket, his chancellor, on whose compliance he thought he +could entirely depend. +[FN [q] Fitz-Stephen, p. 27. [r] See note [Q], at the end of the +volume.] + +[MN June 3. Thomas à Becket, Archbishop of Canterbury.] +Thomas à Becket, the first man of English descent who, since the +Norman conquest, had, during the course of a whole century, risen to +any considerable station, was born of reputable parents in the city of +London; and being endowed both with industry and capacity, he early +insinuated himself into the favour of Archbishop Theobald, and +obtained from that prelate some preferments and offices. By their +means he was enabled to travel for improvement to Italy, where he +studied the civil and canon law at Bologna; and on his return, he +appeared to have made such proficiency in knowledge, that he was +prompted by his patron to the Archdeaconry of Canterbury, an office of +considerable trust and profit. He was afterwards employed with +success by Theobald, in transacting business at Rome; and, on Henry's +accession, he was recommended to that monarch as worthy of farther +preferment. Henry. who knew that Becket had been instrumental in +supporting that resolution of the archbishop, which had tended so much +to facilitate his own advancement to the throne, was already pre- +possessed in his favour; and finding, on farther acquaintance, that +his spirit and abilities entitled him to any trust, he soon promoted +him to the dignity of chancellor, one of the first civil offices in +the kingdom. The chancellor, in that age, besides the custody of the +great seal, had possession of all vacant prelacies and abbeys; he was +the guardian of all such minors and pupils as were the king's tenants; +all baronies which escheated to the crown were under his +administration; he was entitled to a place in council, even though he +were not particularly summoned; and as he exercised also the office of +secretary of state, and it belonged to him to countersign all +commissions, writs, and letters patent, he was a kind of prime +minister, and was concerned in the despatch of every business of +importance [s]. Besides exercising this high office, Becket, by the +favour of the king or archbishop, was made Provost of Beverley, Dean +of Hastings, and Constable of the Tower: he was put in possession of +the honours of Eye and Berkham, large baronies that had escheated to +the crown: and, to complete his grandeur, he was intrusted with the +education of Prince Henry, the king’s eldest son, and heir of the +monarchy [t]. The pomp of his retinue, the sumptuousness of his +furniture, the luxury of his table, the munificence of his presents, +corresponded to these great preferments; or rather exceeded any thing +that England had ever before seen in any subject. His historian and +secretary, Fitz-Stephens [u], mentions, among other particulars, that +his apartments were every day in winter covered with clean straw or +hay, and in summer with green rushes or boughs; lest the gentlemen who +paid court to him, and who could not, by reason of their great number, +find a place at table, should soil their fine clothes by sitting on a +dirty floor [w]. A great number of knights were retained in his +service; the greatest barons were proud of being received at his +table; his house was a place of education for the sons of the chief +nobility; and the king himself frequently vouchsafed to partake of his +entertainments. As his way of life was splendid and opulent, his +amusements and occupations were gay, and partook of the cavalier +spirit, which, as he had only taken deacon's orders, he did not think +unbefitting his character. He employed himself at leisure hours in +hunting, hawking, gaming, and horsemanship; he exposed his person in +several military actions [x]; he carried over, at his own charge, +seven hundred knights to attend the king in his wars at Toulouse; in +the subsequent wars on the frontiers of Normandy he maintained, during +forty days, twelve hundred knights, and four thousand of their train +[y]; and in an embassy to France, with which he was intrusted, he +astonished that court with the number and magnificence of his retinue. +[FN [s] Fitz-Steph. p. 13. [t] Fitz-Steph. p. 15. Hist. Quad. p. 9, +14. [u] P. 15. [w] John Baldwin held the manor of Oterarsfee, in +Aylesbury, of the king by soccage, by the service of finding litter +for the king's bed, viz. in summer, grass or herbs, and two grey +geese; and in winter, straw, and three eels, thrice in the year if the +king should come thrice in the year to Aylesbury. Madox, Bar. +Anglica, p. 247. [x] Fitz-Steph. p. 23. Hist. Quad. p. 9. [y] Fitz- +Steph. p. 19, 20, 22, 23.] + +Henry, besides committing all his more important business to Becket's +management, honoured him with his friendship and intimacy; and +whenever he was disposed to relax himself by sports of any kind, he +admitted his chancellor to the party [z] An instance of their +familiarity is mentioned by Fitz-Stephens, which, as it shows the +manners of the age, it may not be improper to relate. One day, as the +king and the chancellor were riding together in the streets of London, +they observed a beggar, who was shivering with cold. Would it not be +very praiseworthy, said the king, to give that poor man a warm coat in +this severe season? It would, surely, replied the chancellor; and you +do well, sir, in thinking of such good actions. Then he shall have +one presently, cried the king; and seizing the skirt of the +chancellor's coat, which was scarlet, and lined with ermine, began to +pull it violently. The chancellor defended himself for some time; and +they had both of them liked to have tumbled off their horses in the +street, when Becket, after a vehement struggle, let go his coat; which +the king bestowed on the beggar, who, being ignorant of the quality of +the persons, was not a little surprised at the present [a]. +[FN [z] Fitz-Steph. p. 16. Hist. Quad. p. 8. [a] Fitz-Steph. p. 16.] + +Becket, who, by his complaisance and good humour, had rendered himself +agreeable, and by his industry and abilities useful, to his master, +appeared to him the fittest person for supplying the vacancy made by +the death of Theobald. As he was well acquainted with the king's +intentions [b] of retrenching, or rather confining within the ancient +bounds, all ecclesiastical privileges, and always showed a ready +disposition to comply with them [c], Henry, who never expected any +resistance from that quarter, immediately issued orders for electing +him Archbishop of Canterbury. But this resolution, which was taken +contrary to the opinion of Matilda, and many of the ministers [d], +drew after it very unhappy consequences; and never prince of so great +penetration appeared, in the issue, to have so little understood the +genius and character of his minister. +[FN [b] Ibid. p. 17. [c] Ibid p. 23. Epist. St. Thom. p. 232. [d] +Epist. St. Thom. p. 167.] + +No sooner was Becket installed in this high dignity, which rendered +him for life the second person in the kingdom, with some pretensions +of aspiring to be the first, than he totally altered his demeanour and +conduct, and endeavoured to acquire the character of sanctity, of +which his former busy and ostentatious course of life might, in the +eyes of the people, have naturally bereaved him. Without consulting +the king, he immediately returned into his hands the commission of +chancellor; pretending that he must thenceforth detach himself from +secular affairs, and be solely employed in the exercise of his +spiritual function; but in reality, that he might break off all +connexions with Henry, and apprize him, that Becket, as Primate of +England, was now become entirely a new personage. He maintained in +his retinue and attendants alone his ancient pomp and lustre, which +was useful to strike the vulgar: in his own person he affected the +greatest austerity and most rigid mortification, which, he was +sensible, would have an equal or a greater tendency to the same end. +He wore sackcloth next his skin, which, by his affected care to +conceal it, was necessarily the more remarked by all the world: he +changed it so seldom, that it was filled with dirt and vermin: his +usual diet was bread; his drink water, which he even rendered farther +unpalatable by the mixture of unsavoury herbs: he tore his back with +the frequent discipline which he inflicted on it: he daily on his +knees washed, in imitation of Christ, the feet of thirteen beggars, +whom he afterwards dismissed with presents [e]: he gained the +affections of the monks by his frequent charities to the convents and +hospitals: every one who made profession of sanctity was admitted to +his conversation, and returned full of panegyrics on the humility as +well as on the piety and mortification of the holy primate: he seemed +to be perpetually employed in reciting prayers and pious lectures, or +in perusing religious discourses: his aspect wore the appearance of +seriousness and mental recollection, and secret devotion: and all men +of penetration plainly saw that he was meditating some great design +and that the ambition and ostentation of his character had turned +itself towards a new and more dangerous object. +[FN [e] Fitz-Steph. p. 25. Hist. Quad. p. 19.] + +[MN 1163. Quarrel between the king and Becket.] +Becket waited not till Henry should commence those projects against +the ecclesiastical power, which, he knew, had been formed by that +prince: he was himself the aggressor; and endeavoured to overawe the +king by the intrepidity and boldness of his enterprises. He summoned +the Earl of Clare to surrender the barony of Tunbridge, which, ever +since the Conquest, had remained in the family of that nobleman, but +which, as it had formerly belonged to the see of Canterbury, Becket +pretended his predecessors were prohibited by the canons to alienate. +The Earl of Clare, besides the lustre which he derived from the +greatness of his own birth, and the extent of his possessions, was +allied to all the principal families in the kingdom; his sister, who +was a celebrated beauty, had farther extended his credit among the +nobility, and was even supposed to have gained the king's affections; +and Becket could not better discover, than by attacking so powerful an +interest, his resolution of maintaining with vigour the rights, real +or pretended, of his see [f]. +[FN [f] Fitz-Steph. p. 28 Gervase, p. 1384.] + +William de Eynsford, a military tenant of the crown, was patron of a +living which belonged to a manor that held of the Archbishop of +Canterbury: but Becket, without regard to William's right, presented, +on a new and illegal pretext, one Laurence to that living, who was +violently expelled by Eynsford. The primate, making himself, as was +usual in spiritual courts, both judge and party, issued, in a summary +manner, the sentence of excommunication against Eynsford, who +complained to the king, that he who held IN CAPITE of the crown +should, contrary to the practice established by the Conqueror, and +maintained ever since by his successors, be subjected to that terrible +sentence, without the previous consent of the sovereign [g]. Henry, +who had now broken off all personal intercourse with Becket, sent him, +by a messenger, his orders to absolve Eynsford; but received for +answer, that it belonged not to the king to inform him whom he should +absolve and whom excommunicate [h]: and it was not till after many +remonstrances and menaces, that Becket, though with the worst grace +imaginable, was induced to comply with the royal mandate. +[FN [g] M. Paris, p. 7. Diceto, p. 536. [h] Fitz-Steph. p. 28.] + +Henry, though he found himself thus grievously mistaken in the +character of the person whom he had promoted to the primacy, +determined not to desist from his former intention of retrenching +clerical usurpations. He was entirely master of his extensive +dominions: the prudence and vigour of his administration, attended +with perpetual success, had raised his character above that of any of +his predecessors [i]: the papacy seemed to be weakened by a schism +which divided all Europe: and he rightly judged, that if the present +favourable opportunity were neglected, the crown must, from the +prevalent superstition of the people, be in danger of falling into an +entire subordination under the mitre. +[FN [i] Epist. St. Thom. p. 130.] + +The union of the civil and ecclesiastic power serves extremely, in +every civilized government, to the maintenance of peace and order; and +prevents those mutual encroachments which, as there can be no ultimate +judge between them, are often attended with the most dangerous +consequences. Whether the supreme magistrate, who unites these +powers, receives the appellation of prince or prelate, is not +material: the superior weight which temporal interests commonly bear +in the apprehensions of men above spiritual, renders the civil part of +his character most prevalent; and in time prevents those gross +impostures and bigoted persecutions, which, in all false religions, +are the chief foundation of clerical authority. But during the +progress of ecclesiastical usurpations, the state, by the resistance +of the civil magistrate, is naturally thrown into convulsions; and it +behoves the prince, both for his own interest and for that of the +public, to provide, in time, sufficient barriers against so dangerous +and insidious a rival. This precaution had hitherto been much +neglected in England, as well as in other Catholic countries; and +affairs at last seemed to have come to a dangerous crisis: a sovereign +of the greatest abilities was now on the throne: a prelate of the most +inflexible and intrepid character was possessed of the primacy: the +contending powers appeared to be armed with their full force, and it +was natural to expect some extraordinary event to result from their +conflict. + +Among their other inventions to obtain money, the clergy had +inculcated the necessity of penance as an atonement for sin; and +having again introduced the practice of paying them large sums as a +commutation, or species of atonement, for the remission of those +penances, the sins of the people, by these means, had become a revenue +to the priests; and the king computed that, by this invention alone, +they levied more money upon his subjects than flowed, by all the funds +and taxes, into the royal exchequer [k] That he might ease the people +of so heavy and arbitrary an imposition, Henry required that a civil +officer of his appointment should be present in all ecclesiastical +courts, and should, for the future, give his consent to every +composition which was made with sinners for their spiritual offences. +[FN [k] Fitz-Steph. p. 32.] + +The ecclesiastics, in that age, had renounced all immediate +subordination to the magistrate: they openly pretended to an +exemption, in criminal accusations, from a trial before courts of +justice; and were gradually introducing a like exemption in civil +causes: spiritual penalties alone could be inflicted on their +offences; and as the clergy had extremely multiplied in England, and +many of them were consequently of very low characters, crimes of the +deepest dye, murders, robberies, adulteries, rapes, were daily +committed with impunity by the ecclesiastics. It had been found, for +instance, on inquiry, that no less than a hundred murders had, since +the king's accession, been perpetrated by men of that profession, who +had never been called to account for these offences [l]; and holy +orders were become a full protection for all enormities. A clerk in +Worcestershire, having debauched a gentleman's daughter, had, at this +time, proceeded to murder the father: and the general indignation +against this crime moved the king to attempt the remedy of an abuse +which was become so palpable, and to require that the clerk should be +delivered up, and receive condign punishment from the magistrate [m]. +Becket insisted on the privileges of the church; confined the criminal +in the bishop's prison, lest he should be seized by the king's +officers; maintained that no greater punishment could be inflicted on +him than degradation; and when the king demanded, that, immediately +after he was degraded, he should be tried by the civil power, the +primate asserted, that it was iniquitous to try a man twice upon the +same accusation, and for the same offence [n]. +[FN [l] Neubr. p. 394. [m] Fitz-Steph. p. 33. Hist. Quad. p. 32. +[n] Fitz-Steph. p. 29. Hist. Quad. p. 33, 45. Hoveden, p. 492. M. +Paris, p. 72. Diceto, p. 536, 537. Brompton, p. 1058. Gervase, p. +1384. Epist. St. Thom. p. 208, 209.] + +Henry, laying hold of so plausible a pretence, resolved to push the +clergy with regard to all their privileges, which they had raised to +an enormous height, and to determine at once those controversies, +which daily multiplied between the civil and the ecclesiastical +jurisdictions. He summoned an assembly of all the prelates of +England; and he put to them this concise and decisive question, +Whether or not they were willing to submit to the ancient laws and +customs of the kingdom? The bishops unanimously replied, that they +were willing, SAVING THEIR OWN ORDER [o]: a device by which they +thought to elude the present urgency of the king's demand, yet reserve +to themselves, on a favourable opportunity, the power of resuming all +their pretensions. The king was sensible of the artifice, and was +provoked to the highest indignation. He left the assembly, with +visible marks of his displeasure: he required the primate instantly to +surrender the honours and castles of Eye and Berkham: the bishops were +terrified, and expected still farther effects of his resentment. +Becket alone was inflexible; and nothing but the interposition of the +pope's legate and almoner, Philip, who dreaded a breach with so +powerful a prince at so unseasonable a juncture, could have prevailed +on him to retract the saving clause, and give a general and absolute +promise of observing the ancient customs [p]. +[FN [o] Fitz-Steph. p. 31. Hist. Quad. p. 34. Hoveden, p. 492. [p] +Hist. Quad. p. 37. Hoveden, p. 493. Gervase, p. 1385.] + +But Henry was not content with a declaration in these general terms: +he resolved, ere it was too late, to define expressly those customs +with which he required compliance, and to put a stop to clerical +usurpations before they were fully consolidated, and could plead +antiquity, as they already did a sacred authority, in their favour. +The claims of the church were open and visible. After a gradual and +insensible progress during many centuries, the mask had at last been +taken off; and several ecclesiastical councils, by their canons which +were pretended to be irrevocable and infallible, had positively +defined those privileges and immunities which gave such general +offence, and appeared so dangerous to the civil magistrate. Henry, +therefore, deemed it necessary to define with the same precision the +limits of the civil power; to oppose his legal customs to their divine +ordinances; to determine the exact boundaries of the rival +jurisdictions; and for this purpose he summoned a general council of +the nobility and prelates at Clarendon, to whom he submitted this +great and important question. + +[MN 1164. 15th Jan. Constitutions of Clarendon.] +The barons were all gained to the king's party, either by the reasons +which he urged, or by his superior authority: the bishops were +overawed by the general combination against them: and the following +laws, commonly called the CONSTITUTIONS OF CLARENDON, were voted +without opposition by this assembly [q]. It was enacted, that all +suits concerning the advowson and presentation of churches should be +determined in the civil courts: that the churches belonging to the +king's see should not be granted in perpetuity without his consent: +that clerks, accused of any crime, should be tried in the civil +courts: that no person, particularly no clergyman of any rank, should +depart the kingdom without the king's licence: that excommunicated +persons should not be bound to give security for continuing in their +present place of abode: that laics should not be accused in spiritual +courts, except by legal and reputable promoters and witnesses: that no +chief tenant of the crown should be excommunicated, nor his lands be +put under an interdict, except with the king's consent: that all +appeals in spiritual causes should be carried from the archdeacon to +the bishop, from the bishop to the primate, from him to the king; and +should be carried no farther without the king's consent: that if any +lawsuit arose between a layman and a clergyman concerning a tenant, +and it be disputed whether the land be a lay or an ecclesiastical fee, +it should first be determined by the verdict of twelve lawful men to +what class it belonged; and if it be found to be a lay-fee, the cause +should finally be determined in the civil courts: that no inhabitant +in demesne should be excommunicated for non-appearance in a spiritual +court, till the chief officer of the place where he resides be +consulted, that he may compel him by the civil authority to give +satisfaction to the church: that the archbishops, bishops, and other +spiritual dignitaries, should be regarded as barons of the realm; +should possess the privileges and be subjected to the burdens +belonging to that rank; and should be bound to attend the king in his +great councils, and assist at all trials, till the sentence, either of +death or loss of members, be given against the criminal: that the +revenue of vacant sees should belong to the king; the chapter, or such +of them as he pleases to summon, should sit in the king's chapel till +they made the new election with his consent, and that the bishop-elect +should do homage to the crown: that if any baron or tenant IN CAPITE +should refuse to submit to the spiritual courts, the king should +employ his authority in obliging him to make such submissions; if any +of them throw off his allegiance to the king, the prelates should +assist the king with their censures in reducing him: that goods +forfeited to the king should not be protected in churches or +churchyards: that the clergy should no longer pretend to the right of +enforcing payment of debts contracted by oath or promise; but should +leave these lawsuits, equally with others, to the determination of the +civil courts: and that the sons of villains should not be ordained +clerks, without the consent of their lord [r]. +[FN [q] Fitz-Steph. p. 33. [r] Hist. Quad. p. 163. M. Paris, p. 70, +71. Spellm. Conc. vol. ii. p. 63. Gervase, p. 1386, 1387. Wilkins, +p. 321.] + +These articles, to the number of sixteen, were calculated to prevent +the chief abuses which had prevailed in ecclesiastical affairs, and to +put an effectual stop to the usurpations of the church, which, +gradually stealing on, had threatened the total destruction of the +civil power. Henry, therefore, by reducing those ancient customs of +the realm to writing, and by collecting them in a body, endeavoured to +prevent all future dispute with regard to them; and by passing so many +ecclesiastical ordinances in a national and civil assembly, he fully +established the superiority of the legislature above all papal decrees +or spiritual canons, and gained a signal victory over the +ecclesiastics. But as he knew that the bishops, though overawed by +the present combination of the crown and the barons, would take the +first favourable opportunity of denying the authority which had +enacted these constitutions, he resolved that they should all set +their seal to them, and give a promise to observe them. None of the +prelates dared to oppose his will, except Becket, who, though urged by +the Earls of Cornwall and Leicester, the barons of principal authority +in the kingdom, obstinately withheld his assent. At last, Richard de +Hastings, Grand Prior of the Templars in England, threw himself on his +knees before him; and with many tears entreated him, if he paid any +regard, either to his own safety or that of the church, not to +provoke, by a fruitless opposition, the indignation of a great +monarch, who was resolutely bent on his purpose, and who was +determined to take full revenge on every one that should dare to +oppose him [s]. Becket, finding himself deserted by all the world, +even by his own brethren, was at last obliged to comply; and he +promised, LEGALLY, WITH GOOD FAITH, AND WITHOUT FRAUD OR RESERVE [t], +to observe the constitutions; and he took an oath to that purpose [u]. +The king, thinking that he had now finally prevailed in this great +enterprise, sent the constitutions to Pope Alexander, who then resided +in France; and he required that pontiff's ratification of them: but +Alexander, who, though he had owed the most important obligations to +the king, plainly saw that these laws were calculated to establish the +independency of England on the papacy, and of the royal power on the +clergy, condemned them in the strongest terms; abrogated, annulled, +and rejected them. There were only six articles, the least important, +which, for the sake of peace, he was willing to ratify. +[FN [s] Hist. Quad. p. 38. Hoveden, p. 493. [t] Fitz-Steph. p. 35. +Epist. St. Thom. p. 25. [u] Fitz-Steph. p. 45. Hist. Quad. p. 39. +Gervase, p. 1386.] + +Becket, when he observed that he might hope for support in an +opposition, expressed the deepest sorrow for his compliance; and +endeavoured to engage all the other bishops in a confederacy to adhere +to their common rights, and to the ecclesiastical privileges, in which +he represented the interest and honour of God to be so deeply +concerned. He redoubled his austerities, in order to punish himself +for his criminal assent to the constitutions of Clarendon: he +proportioned his discipline to the enormity of his supposed offence; +and he refused to exercise any part of his archiepiscopal function, +till he should receive absolution from the pope; which was readily +granted him. Henry, informed of his present dispositions, resolved to +take vengeance for this refractory behaviour; and he attempted to +crush him, by means of that very power which Becket made such merit in +supporting. He applied to the pope, that he should grant the +commission of legate in his dominions to the Archbishop of York; but +Alexander, as politic as he, though he granted the commission, annexed +a clause, that it should not empower the legate to execute any act of +prejudice of the Archbishop of Canterbury [w]; and the king, finding +how fruitless such an authority would prove, sent back the commission +by the same messenger that brought it [x]. +[FN [w] Epist. St. Thom. p. 13, 14. [x] Hoveden, p.493. Gervase, p. +1388.] + +The primate, however, who found himself still exposed to the king's +indignation, endeavoured twice to escape secretly from the kingdom, +but was as often detained by contrary winds; and Henry hastened to +make him feel the effects of an obstinacy which he deemed so criminal. +He instigated John, mareschal of the exchequer, to sue Becket in the +archiepiscopal court for some lands, part of the manor of Pageham; and +to appeal thence to the king's court for justice [y]. On the day +appointed for trying the cause, the primate sent four knights to +represent certain irregularities in John's appeal; and at the same +time to excuse himself, on account of sickness, for not appearing +personally that day in the court. This slight offence (if it even +deserve the name) was represented as a grievous contempt; the four +knights were menaced and with difficulty escaped being sent to prison, +as offering falsehoods to the court [z]. And Henry, being determined +to prosecute Becket to the utmost, summoned, at Northampton, a great +council, which he purposed to make the instrument of his vengeance +against the inflexible prelate. +[FN [y] Hoveden, p. 494. M. Paris, p. 72. Diceto, p. 537. [z] See +note [R], at the end of the volume.] + +The king had raised Becket from a low station to the highest offices, +had honoured him with his countenance and friendship, had trusted to +his assistance in forwarding his favourite project against the clergy; +and when he found him become of a sudden his most rigid opponent, +while every one beside complied with his will, rage at the +disappointment, and indignation against such signal ingratitude, +transported him beyond all bounds of moderation; and there seems to +have entered more of passion than of justice, or even of policy, in +this violent prosecution [a]. The barons, notwithstanding, in the +great council, voted whatever sentence he was pleased to dictate to +them; and the bishops themselves, who undoubtedly bore a secret favour +to Becket, and regarded him as the champion of their privileges, +concurred with the rest in the design of oppressing their primate. In +vain did Becket urge that his court was proceeding with the utmost +regularity and justice in trying the maresehal's cause; which, +however, he said, would appear, from the sheriff's testimony, to be +entirely unjust and iniquitous: that he himself had discovered no +contempt of the king's court; but, on the contrary, by sending four +knights to excuse his absence, had virtually acknowledged its +authority: that he also, in consequence of the king's summons, +personally appeared at present in the great council, ready to justify +his cause against the mareschal, and to submit his conduct to their +inquiry and jurisdiction: that even should it be found that he had +been guilty of non-appearance, the laws had affixed a very slight +penalty to that offence: and that, as he was an inhabitant of Kent, +where his archiepiscopal palace was seated, he was by law entitled to +some greater indulgence than usual in the rate of his fine [b]. +Notwithstanding these pleas, he was condemned as guilty of a contempt +of the king's court, and as wanting in the fealty which he had sworn +to his sovereign; all his goods and chattels were confiscated [c]; and +that this triumph over the church might be carried to the utmost, +Henry, Bishop of Winchester, the prelate who had been so powerful in +the former reign, was, in spite of his remonstrances, obliged, by +order of the court, to pronounce the sentence against him [d]. The +primate submitted to the decree; and all the prelates, except Folliot, +Bishop of London, who paid court to the king by this singularity, +became sureties for him [e]. It is remarkable that seven Norman +barons voted in this council; and we may conclude, with some +probability, that a like practice had prevailed in many of the great +councils summoned since the Conquest. For the contemporary historian, +who has given us a full account of these transactions, does not +mention this circumstance as anywise singular [f]; and Becket, in all +his subsequent remonstrances with regard to the severe treatment which +he had met with, never founds any objection on an irregularity which +to us appears very palpable and flagrant. So little precision was +there at that time in the government and constitution! +[FN [a] Neubr. p. 394. [b] Fitz-Steph. p. 37, 42. [c] Hist. Quad. p. +47 Hoveden, p. 494. Gervase, p. 1389. [d] Fitz-Steph. p. 37. [e] +Ibid. [f] Ibid. p. 36.] + +The king was not content with this sentence, however violent and +oppressive. Next day, he demanded of Becket the sum of three hundred +pounds, which the primate had levied upon the honours of Eye and +Berkham, while in his possession. Becket, after premising that he was +not obliged to answer to this suit, because it was not contained in +his summons; after remarking that he had expended more than that sum +in the repair of those castles, and of the royal palace at London; +expressed however his resolution, that money should not be any ground +of quarrel between him and his sovereign; he agreed to pay the sum; +and immediately gave surety for it [g]. In the subsequent meeting, +the king demanded five hundred marks, which, he affirmed, he had lent +Becket during the war at Toulouse [h]; and another sum in the same +amount for which that prince had been surety for him to a Jew. +Immediately after these two claims, he preferred a third of still +greater importance: he required him to give in the accounts of his +administration while chancellor, and to pay the balance due from the +revenues of all the prelacies, abbeys, and baronies, which had, during +that time, been subjected to his management [i]. Becket observed, +that, as this demand was totally unexpected, he had not come prepared +to answer it; but he required a delay, and promised in that case to +give satisfaction. The king insisted upon sureties; and Becket +desired leave to consult his suffragans in a case of such importance +[k]. +[FN [g] Ibid. p. 38. [h] Hist. Quad. p. 47. [i] Hoveden, p. 494. +Diceto, p. 537. [k] Fitz-Steph. p. 38.] + +It is apparent, from the known character of Henry, and from the usual +vigilance of his government, that, when he promoted Becket to the see +of Canterbury, he was on good grounds, well pleased with his +administration in the former high office with which he had entrusted +him; and that, even if that prelate had dissipated money beyond the +income of his place, the king was satisfied that his expenses were not +blameable, and had in the main been calculated for his service [l]. +Two years had since elapsed; no demand had, during that time, been +made upon him; it was not till the quarrel arose concerning +ecclesiastical privileges that the claim was started, and the primate +was, of a sudden, required to produce accounts of such intricacy and +extent before a tribunal which had showed a determined resolution to +ruin and oppress him. To find sureties that he should answer so +boundless and uncertain a claim, which in the king's estimation +amounted to forty-four thousand marks [m], was impracticable; and +Becket's suffragans were extremely at a loss what counsel to give him +in such a critical emergency. By the advice of the Bishop of +Winchester, he offered two thousand marks as a general satisfaction +for all demands: but this offer was rejected by the king [n]. Some +prelates exhorted him to resign his see, on condition of receiving an +acquittal: others were of opinion that he ought to submit himself +entirely to the king’s mercy [o]: but the primate, thus pushed to the +utmost, had too much courage to sink under oppression: he determined +to brave all his enemies, to trust to the sacredness of his character +for protection, to involve his cause with that of God and religion, +and to stand the utmost efforts of royal indignation. +[FN [l] Hoveden, p. 495. [m] Epist. St. Thom. p. 315. +[n] Fitz-Steph. p. 38. [o] Ibid. p. 39. Gervase, p. 1390.] + +After a few days spent in deliberation, Becket went to church and said +mass, where he had previously ordered that the introit to the +communion service should begin with these words, PRINCES SAT, AND +SPAKE AGAINST ME; the passage appointed for the martyrdom of St. +Stephen, whom the primate thereby tacitly pretended to resemble, in +his sufferings for the sake of righteousness. He went thence to +court, arrayed in his sacred vestments: as soon as he arrived within +the palace gate, he took the cross into his own hands, bore it aloft +as his protection, and marched, in that posture, into the royal +apartments [p]. The king, who was in an inner room, was astonished at +this parade, by which the primate seemed to menace him and his court +with the sentence of excommunication; and he sent some of the prelates +to remonstrate with him on account of such audacious behaviour. These +prelates complained to Becket, that, by subscribing himself to the +constitutions of Clarendon, he had seduced them to imitate his +example; and that now, when it was too late, he pretended to shake off +all subordination to the civil power, and appeared desirous of +involving them in the guilt which must attend any violation of those +laws, established by their consent, and ratified by their +subscriptions [q]. Becket replied, that he had indeed subscribed the +constitutions of Clarendon, LEGALLY, WITH GOOD FAITH, AND WITHOUT +FRAUD OR RESERVE; but in these words was virtually implied a salvo for +the rights of their order, which, being connected with the cause of +God and his church, could never be relinquished by their oaths and +engagements: that if he and they had erred in resigning the +ecclesiastical privileges, the best atonement they could now make was +to retract their consent, which, in such a case, could never be +obligatory, and to follow the pope's authority, who had solemnly +annulled the constitutions of Clarendon, and had absolved them from +all oaths which they had taken to observe them: that a determined +resolution was evidently embraced to oppress the church; the storm had +first broken upon him; for a slight offence, and which too was falsely +imputed to him, he had been tyrannically condemned to a grievous +penalty; a new and unheard-of claim was since started, in which he +could expect no justice; and he plainly saw, that he was the destined +victim, who, by his ruin, must prepare the way for the abrogation of +all spiritual immunities; that he strictly inhibited them who were his +suffragans from assisting at any such trial, or giving their sanction +to any sentence against him; he put himself and his see under the +protection of the supreme pontiff; and appealed to him against any +penalty which his iniquitous judges might think proper to inflict upon +him: and that, however terrible the indignation of so great a monarch +as Henry, his sword could only kill the body; while that of the +church, intrusted into the hands of the primate, could kill the soul, +and throw the disobedient into infinite and eternal perdition [r]. +[FN [p] Fitz-Steph. p. 40. Hist. Quad. p. 53. Hoveden, p. 404. +Neubr. p. 394. Epist. St. Thom. p. 43. [q] Fitz-Steph. p. 35. [r] +Fitz-Steph. p. 42, 44, 45, 46. Hist. Quad. p. 57. Hoveden, p. 495. +M. Paris, p. 72. Epist. St. Thom. p. 45, 195.] + +Appeals to the pope, even in ecclesiastical causes, had been abolished +by the constitutions of Clarendon, and were become criminal by law; +but an appeal in a civil cause, such as the king's demand upon Becket, +was a practice altogether new and unprecedented; it tended directly to +the subversion of the government, and could receive no colour of +excuse, except from the determined resolution, which was but too +apparent, in Henry and the great council, to effectuate, without +justice, but under colour of law, the total ruin of the inflexible +primate. The king, having now obtained a pretext so much more +plausible for his violence, would probably have pushed the affair to +the utmost extremity against him; but Becket gave him no leisure to +conduct the prosecution. He refused so much as to hear the sentence, +which the barons, sitting apart from the bishops, and joined to some +sheriffs and barons of the second rank [s], had given upon the king's +claim: he departed from the palace; [MN Banishment of Becket.] asked +Henry's immediate permission to leave Northampton, and upon meeting +with a refusal, he withdrew secretly, wandered about in disguise for +some time; and at last took shipping, and arrived safely at +Gravelines. +[FN [s] Fitz-Steph. p. 46. This historian is supposed to mean the +more considerable vassals of the chief barons: these had no title to +sit in the great council, and the giving them a place there was a +palpable irregularity; which, however, is not insisted on in any of +Becket's remonstrances. A farther proof how little fixed the +constitution was at that time.] + +The violent and unjust prosecution of Becket had a natural tendency to +turn the public favour on his side and to make men overlook his former +ingratitude toward the king, and his departure from all oaths and +engagements, as well as the enormity of those ecclesiastical +privileges, of which he affected to be the champion. There were many +other reasons which procured his countenance and protection in foreign +countries. Philip, Earl of Flanders [t], and Lewis, King of France +[u], jealous of the rising greatness of Henry, were well pleased to +give him disturbance in his government; and, forgetting that this was +the common cause of princes, they affected to pity extremely the +condition of the exiled primate; and the latter even honoured him with +a visit at Soissons, in which city he had invited him to fix his +residence [w]. The pope, whose interests were more immediately +concerned in supporting him, gave a cold reception to a magnificent +embassy which Henry sent to accuse him; while Becket himself, who had +come to Sens in order to justify his cause before the sovereign +pontiff, was received with the greatest marks of distinction. The +king, in revenge, sequestered the revenues of Canterbury; and, by a +conduct which might be esteemed arbitrary, had there been at that time +any regular check on royal authority, he banished all the primate's +relations and domestics, to the number of four hundred, whom he +obliged to swear, before their departure, that they would instantly +join their patron. But this policy, by which Henry endeavoured to +reduce Becket sooner to necessity, lost its effect: the pope, when +they arrived beyond sea, absolved them from their oath, and +distributed them among the convents in France and Flanders: a +residence was assigned to Becket himself in the convent of Pontigny, +where he lived for some years in great magnificence, partly from a +pension granted him on the revenues of the abbey, partly from +remittances made him by the French monarch. +[FN [t] Epist. St. Thom. p. 35. [u] Ibid. p. 36, 37. [w] Hist. Quad. +p. 76.] + +[MN 1165.] The more to ingratiate himself with the pope, Becket +resigned into his hands the see of Canterbury, to which, he affirmed, +he had been uncanonically elected by the authority of the royal +mandate; and Alexander, in his turn, besides investing him anew with +that dignity, pretended to abrogate, by a bull, the sentence which the +great council of England had passed against him. Henry, after +attempting in vain to procure a conference with the pope, who departed +soon after for Rome, whither the prosperous state of his affairs now +invited him, made provisions against the consequences of that breach +which impended between his kingdom and the apostolic see. He issued +orders to his justiciaries, inhibiting, under severe penalties, all +appeals to the pope or archbishop; forbidding any one to receive any +mandates from them, or apply in any case to their authority; declaring +it treasonable to bring from either of them an interdict upon the +kingdom, and punishable in secular clergymen by the loss of their eyes +and by castration, in regulars by amputation of their feet, and in +laics with death; and menacing, with sequestration and banishment, the +persons themselves, as well as their kindred, who should pay obedience +to any such interdict: and he farther obliged all his subjects to +swear to the observance of those orders [x]. These were edicts of the +utmost importance, affected the lives and properties of all the +subjects, and even changed, for the time, the national religion, by +breaking off all communication with Rome: yet were they enacted by the +sole authority of the king, and were derived entirely from his will +and pleasure. +[FN [x] Hist. Quad. p. 88, 167. Hoveden, p. 496. M. Paris, p. 73.] + +The spiritual powers, which, in the primitive church, were, in a great +measure, dependent on the civil, had, by a gradual progress, reached +an equality and independence; and though the limits of the two +jurisdictions were difficult to ascertain or define, it was not +impossible, but, by moderation on both sides, government might still +have been conducted in that imperfect and irregular manner which +attends all human institutions. But as the ignorance of the age +encouraged the ecclesiastics daily to extend their privileges, and +even to advance maxims totally incompatible with civil government [y], +Henry had thought it high time to put an end to their pretensions, and +formally, in a public council, to fix those powers which belonged to +the magistrate, and which he was for the future determined to +maintain. In this attempt, he was led to re-establish customs, which, +though ancient, were beginning to be abolished by a contrary practice, +and which were still more strongly opposed by the prevailing opinions +and sentiments of the age. Principle, therefore, stood on the one +side; power on the other; and if the English had been actuated by +conscience more than by present interest, the controversy must soon, +by the general defection of Henry's subjects, have been decided +against him. Becket, in order to forward this event, filled all +places with exclamations against the violence which he had suffered. +He compared himself to Christ, who had been condemned by a lay +tribunal [z], and who was crucified anew in the present oppressions +under which his church laboured: he took it for granted, as a point +incontestable, that his cause was the cause of God [a]: he assumed the +character of champion for the patrimony of the Divinity: he pretended +to be the spiritual father of the king and all the people of England +[b]: he even told Henry that kings reigned solely by the authority of +the church [c]: and though he had thus torn off the veil more openly +on the one side than that prince had on the other, he seemed still, +from the general favour borne him by the ecclesiastics, to have all +the advantage in the argument. The king, that he might employ the +weapons of temporal power remaining in his hands, suspended the +payment of Peter's pence; he made advances towards an alliance with +the Emperor Frederic Barbarossa, who was at that time engaged in +violent wars with Pope Alexander; he discovered some intentions of +acknowledging Pascal III., the present anti-pope, who was protected by +that emperor; and by these expedients he endeavoured to terrify the +enterprising though prudent pontiff from proceeding to extremities +against him. +[FN [y] QUIS DUBITET, says Becket to the king, SACERDOTES CHRISTI +REGUM ET PRINCIPUM OMNIUMQUE FIDELIIUM PATRES ET MAGISTROS CENSERI, +Epist St. Thom. p. 97, 148. [z] Epist. St. Thom. p. 63, 105, 194. +[a] Ibid. p. 29, 30, 31, 226. [b] Fitz-Steph. p. 46. Epist. St Thom. +p. 52, 148. [c] Brady's Append. No. 36. Epist. St. Thom. p. 94, 95, +97, 99, 197. Hoveden, p. 497.] + +[MN 1166.] But the violence of Becket, still more than the nature of +the controversy, kept affairs from remaining long in suspense between +the parties. That prelate, instigated by revenge, and animated by the +present glory attending his situation, pushed matters to a decision, +and issued a censure, excommunicating the king's chief ministers by +name, and comprehending in general all those who favoured or obeyed +the constitutions of Clarendon: these constitutions he abrogated and +annulled; he absolved all men from the oaths which they had taken to +observe them; and he suspended the spiritual thunder over Henry +himself, only that the prince might avoid the blow by a timely +repentance [d]. +[FN [d] Fitz-Steph. p. 56. Hist. Quad. p. 93. M. Paris, p. 74. +Beaulieu, Vie de St. Thom. p. 213. Epist. St. Thom. p 149, 229. +Hoveden, p. 499.] + +The situation of Henry was so unhappy, that he could employ no +expedient for saving his ministers from this terrible censure, but by +appealing to the pope himself, and having recourse to a tribunal whose +authority he had himself attempted to abridge in this very article of +appeals, and which, he knew, was so deeply engaged on the side of his +adversary. But even this expedient was not likely to be long +effectual. Becket had obtained from the pope a legatine commission +over England; and in virtue of that authority, which admitted of no +appeal, he summoned the Bishops of London, Salisbury, and others, to +attend him, and ordered, under pain of excommunication, the +ecclesiastics, sequestered on his account, to be restored in two +months to all their benefices. But John of Oxford, the king's agent +with the pope, had the address to procure orders for suspending this +sentence: and he gave the pontiff such hopes of a speedy reconcilement +between the king and Becket, that two legates, William of Pavia and +Otho, were sent to Normandy, where the king then resided, and they +endeavoured to find expedients for that purpose. But the pretensions +of the parties were, as yet, too opposite to admit of an +accommodation: the king required, that all the constitutions of +Clarendon should be ratified: Becket, that previously to any +agreement, he and his adherents should be restored to their +possessions: and as the legates had no power to pronounce a definitive +sentence on either side, the negotiation soon after came to nothing. +The Cardinal of Pavia also, being much attached to Henry, took care to +protract the negotiation; to mitigate the pope, by the accounts which +he sent of that prince's conduct; and to procure him every possible +indulgence from the see of Rome. About this time, the king had also +the address to obtain a dispensation for the marriage of his third +son, Geoffrey, with the heiress of Britany; a concession which, +considering Henry's demerits towards the church, gave great scandal +both to Becket, and to his zealous patron, the King of France. + +[MN 1167.] The intricacies of the feudal law had, in that age, +rendered the boundaries of power between the prince and his vassals, +and between one prince and another, as uncertain as those between the +crown and the mitre; and all wars took their origin from disputes, +which, had there been any tribunal possessed of power to enforce their +decrees, ought to have been decided only before a court of judicature. +Henry, in prosecution of some controversies, in which he was involved +with the Count of Auvergne, a vassal of the duchy of Guienne, had +invaded the territories of that nobleman, who had recourse to the King +of France, his superior lord, for protection, and thereby kindled a +war between the two monarchs. But this war was, as usual, no less +feeble in its operations than it was frivolous in its cause and +object; and after occasioning some mutual depredations [e], and some +insurrections among the barons of Poictou and Guienne, was terminated +by a peace. The terms of this peace were rather disadvantageous to +Henry, and prove that that prince had, by reason of his contest with +the church, lost the superiority which he had hitherto maintained +over the crown of France: an additional motive to him for +accommodating those differences. +[FN [e] Hoveden, p. 517. M. Paris, p. 75. Diceto, p. 547. Gervase, +p. 1402, 1403. Robert de Monte.] + +The pope and the king began at last to perceive, that, in the present +situation of affairs, neither of them could expect a final and +decisive victory over the other, and that they had more to fear than +to hope from the duration of the controversy. Though the vigour of +Henry's government had confirmed his authority in all his dominions, +his throne might be shaken by a sentence of excommunication; and if +England itself could, by its situation, be more easily guarded against +the contagion of superstitious prejudices, his French provinces at +least, whose communication was open with the neighbouring states, +would be much exposed, on that account, to some great revolution or +convulsion [f]. He could not, therefore, reasonably imagine that the +pope, while he retained such a check upon him, would formally +recognize the constitutions of Clarendon, which both put an end to +papal pretensions in England, and would give an example to other +states of asserting a like independency [g]. [MN 1168.] Pope +Alexander, on the other hand, being still engaged in dangerous wars +with the Emperor Frederic, might justly apprehend that Henry, rather +than relinquish claims of such importance, would join the party of his +enemy; and as the trials hitherto made of the spiritual weapons by +Becket had not succeeded to his expectation, and every thing had +remained quiet in all the king's dominions, nothing seemed impossible +to the capacity and vigilance of so great a monarch. The disposition +of minds on both sides, resulting from these circumstances, produced +frequent attempts towards an accommodation; but as both parties knew +that the essential articles of the dispute could not then be +terminated, they entertained a perpetual jealousy of each other, and +were anxious not to lose the least advantage in the negotiation. The +nuncios, Gratian and Vivian, having received a commission to endeavour +a reconciliation, met with the king in Normandy; and after all +differences seemed to be adjusted, Henry offered to sign the treaty, +with a salvo to his royal dignity; which gave such umbrage to Becket, +that the negotiation, in the end, became fruitless, and the +excommuications were renewed against the king's ministers. Another +negotiation was conducted at Montmirail, in presence of the King of +France, and the French prelates; where Becket also offered to make his +submissions, with a salvo to the honour of God and the liberties of +the church; which, for the like reason, was extremely offensive to the +king, and rendered the treaty abortive. [MN 1169.] A third +conference, under the same mediation, was broken off, by Becket's +insisting on a like reserve in his submissions; and even in a fourth +treaty, when all the terms were adjusted, and when the primate +expected to be introduced to the king, and to receive the kiss of +peace, which it was usual for princes to grant in those times, and +which was regarded as a sure pledge of forgiveness, Henry refused him +that honour; under pretence that, during his anger, he had made a rash +vow to that purpose. This formality served, among such jealous +spirits, to prevent the conclusion of the treaty; and though the +difficulty was attempted to be overcome by a dispensation which the +pope granted to Henry from his vow, that prince could not be prevailed +on to depart from the resolution which he had taken. +[FN [f] Epist. St. Thom. p. 230. [g] Ibid. p. 276.] + +In one of these conferences, at which the French king was present, +Henry said to that monarch: "There have been many kings of England, +some of greater, some of less authority than myself; there have also +been many Archbishops of Canterbury, holy and good men, and entitled +to every kind of respect: let Becket but act towards me with the same +submission which the greatest of his predecessors have paid to the +least of mine, and there shall be no controversy between us." Lewis +was so struck with this state of the case, and with an offer which +Henry made to submit his cause to the French clergy, that he could not +forbear condemning the primate, and withdrawing his friendship from +him during some time: but the bigotry of that prince, and their common +animosity against Henry, soon produced a renewal of their former good +correspondence. + +[MN 1170. 22d July.] All difficulties were at last adjusted between +the parties; and the king allowed Becket to return, on conditions +which may be esteemed both honourable and advantageous to that +prelate. [MN Compromise with Becket.] He was not required to give up +any rights of the church, or resign any of those pretensions which had +been the original ground of the controversy. It was agreed that all +these questions should be buried in oblivion; but that Becket and his +adherents should, without making farther submission, be restored to +all their livings, and that even the possessors of such benefices as +depended on the see of Canterbury, and had been filled during the +primate's absence, should be expelled, and Becket have liberty to +supply the vacancies [h]. In return for concessions which intrenched +so deeply on the honour and dignity of the crown, Henry reaped only +the advantage of seeing his ministers absolved from the sentence of +excommunication pronounced against them, and of preventing the +interdict, which, if these hard conditions had not been complied with, +was ready to be laid on all his dominions [i]. It was easy to see how +much he dreaded that event, when a prince of so high a spirit could +submit to terms so dishonourable in order to prevent it. So anxious +was Henry to accommodate all differences, and to reconcile himself +fully with Becket, that he took the most extraordinary steps to +flatter his vanity, and even, on one occasion, humiliated himself so +far as to hold the stirrup of that haughty prelate while he mounted +[k]. +[FN [h] Fitz-Steph. p. 68, 69. Hoveden, p. 520. [i] Hist. Quad. p. +104. Brompton, p. 1062. Gervase, p. 1408. Epist. St. Thom. p. 704, +705, 706, 707, 792, 793, 794. Benedict. Abbas, p. 70. [k] Epist. 45. +lib. 5.] + +But the king attained not even that temporary tranquillity which he +had hoped to reap from these expedients. During the heat of his +quarrel with Becket, while he was every day expecting an interdict to +be laid on his kingdom, and a sentence of excommunication to be +fulminated against his person, he had thought it prudent to have his +son, Prince Henry, associated with him in the royalty, and to make him +be crowned king by the hands of Roger, Archbishop of York. By this +precaution he both insured the succession of that prince, which, +considering the many past irregularities in that point, could not but +be esteemed somewhat precarious; and he preserved at least his family +on the throne, if the sentence of excommunication should have the +effect which he dreaded, and should make his subjects renounce their +allegiance to him. Though this design was conducted with expedition +and secrecy, Becket, before it was carried into execution, had got +intelligence of it; and being desirous of obstructing all Henry's +measures, as well as anxious to prevent this affront to himself, who +pretended to the sole right, as Archbishop of Canterbury, to officiate +in the coronation, he had inhibited all the prelates of England from +assisting at this ceremony, had procured from the pope a mandate to +the same purpose [l], and had incited the King of France to protest +against the coronation of young Henry, unless the princess, daughter +of that monarch, should at the same time receive the royal unction. +There prevailed in that age an opinion, which was akin to its other +superstitions, that the royal unction was essential to the exercise of +royal power [m]: it was therefore natural both for the King of France, +careful of his daughter's establishment, and for Becket, jealous of +his own dignity, to demand, in the treaty with Henry, some +satisfaction in this essential point. Henry, after apologizing to +Lewis for the omission with regard to Margaret, and excusing it on +account of the secrecy and despatch requisite for conducting that +measure, promised that the ceremony should be renewed in the persons +both of the prince and princess: and he assured Becket that, besides +receiving the acknowledgments of Roger and the other bishops for the +seeming affront put on the see of Canterbury, the primate should, as a +farther satisfaction, recover his rights by officiating in this +coronation. But the violent spirit of Becket, elated by the power of +the church, and by the victory which he had already obtained over his +sovereign, was not content with this voluntary compensation, but +resolved to make the injury which he pretended to have suffered a +handle for taking revenge on all his enemies. [MN Becket’s return +from banishment.] On his arrival in England, he met the Archbishop of +York, and the Bishops of London and Salisbury, who were on their +journey to the king in Normandy: he notified to the archbishop the +sentence of suspension, and to the two bishops that of +excommunication, which, at his solicitation, the pope had pronounced +against them. Reginald de Warenne, and Gervase de Cornhill, two of +the king's ministers who were employed on their duty in Kent, asked +him, on hearing of this bold attempt, whether he meant to bring fire +and sword into the kingdom? But the primate, heedless of the reproof, +proceeded, in the most ostentatious manner, to take possession of his +diocese. In Rochester, and all the towns through which he passed, he +was received with the shouts and acclamations of the populace. As he +approached Southwark, the clergy, the laity, men of all ranks and +ages, came forth to meet him, and celebrated with hymns of joy his +triumphant entrance. And though he was obliged, by order of the young +prince, who resided at Woodstoke, to return to his diocese, he found +that he was not mistaken when he reckoned upon the highest veneration +of the public towards his person and his dignity. He proceeded, +therefore, with the more courage, to dart his spiritual thunders: he +issued the sentence of excommunication against Robert de Brock, and +Nigel de Sackville, with many others, who either had assisted at the +coronation of the prince, or been active in the late persecution of +the exiled clergy. This violent measure, by which he in effect +denounced war against the king himself, is commonly ascribed to the +vindictive disposition and imperious character of Becket; but as this +prelate was also a man of acknowledged abilities, we are not, in his +passions alone, to look for the cause of his conduct, when he +proceeded to these extremities against his enemies. His sagacity had +led him to discover all Henry's intentions; and he proposed, by this +bold and unexpected assault, to prevent the execution of them. +[FN [l] Hist. Quad. p. 103. Epist. St. Thom. p. 682. Gervase, p. +1412. [m] Epist. St. Thom. p. 708.] + +The king, from his experience of the dispositions of the people, was +become sensible that his enterprise had been too bold in establishing +the constitutions of Clarendon, in defining all the branches of royal +power, and in endeavouring to extort from the Church of England, as +well as from the pope, an express avowal of these disputed +prerogatives. Conscious also of his own violence in attempting to +break or subdue the inflexible primate, he was not displeased to undo +that measure which had given his enemies such advantage against him; +and he was contented that the controversy should terminate in that +ambiguous manner, which was the utmost that princes, in those ages, +could hope to attain in their disputes with the see of Rome. Though +he dropped, for the present, the prosecution of Becket, he still +reserved to himself the right of maintaining that the constitutions of +Clarendon, the original ground of the quarrel, were both the ancient +customs and the present law of the realm: and though he knew that the +papal clergy asserted them to be impious in themselves, as well as +abrogated by the sentence of the sovereign pontiff, he intended, in +spite of their clamours, steadily to put those laws in execution [n], +and to trust to his own abilities, and to the course of events, for +success in that perilous enterprise. He hoped that Becket's +experience of a six years' exile would, after his pride was fully +gratified by his restoration, be sufficient to teach him more reserve +in his opposition; or, if any controversy arose, he expected +thenceforth to engage in a more favourable cause, and to maintain with +advantage, while the primate was now in his power [o], the ancient and +undoubted customs of the kingdom against the usurpations of the +clergy. But Becket determined not to betray the ecclesiastical +privileges by his connivance [p], and apprehensive lest a prince of +such profound policy, if allowed to proceed in his own way, might +probably in the end prevail, he resolved to take all the advantage +which his present victory gave him, and to disconcert the cautious +measures of the king, by the vehemence and vigour of his own conduct +[q]. Assured of support from Rome, he was little intimidated by +dangers which his courage taught him to despise, and which, even if +attended with the most fatal consequences, would serve only to gratify +his ambition and thirst of glory [r]. +[FN [n] Epist. St. Thom. p. 837, 839. [o] Fitz-Steph. p. 65. [p] +Epist. St. Thom. p. 345. [q] Fitz-Steph. p. 74. [r] Epist. St. Thom. +p. 818, 848.] + +When the suspended and excommunicated prelates arrived at Baieux, +where the king then resided, and complained to him of the violent +proceedings of Becket, he instantly perceived the consequences; was +sensible that his whole plan of operations was overthrown; foresaw +that the dangerous contest between the civil and spiritual powers, a +contest which he himself had first aroused, but which he had +endeavoured, by all his late negotiations and concessions, to appease, +must come to an immediate and decisive issue; and he was thence thrown +into the most violent commotion. The Archbishop of York remarked to +him, that, so long as Becket lived, he could never expect to enjoy +peace or tranquillity: the king himself being vehemently agitated, +burst forth into an exclamation against his servants, whose want of +zeal, he said, had so long left him exposed to the enterprises of that +ungrateful and imperious prelate [s]. Four gentlemen of his +household, Reginald Fitz-Urse, William de Traci, Hugh de Moreville, +and Richard Brito, taking these passionate expressions to be a hint +for Becket's death, immediately communicated their thoughts to each +other; and swearing to revenge their prince's quarrel, secretly +withdrew from court [t]. Some menacing expressions which they had +dropped gave a suspicion of their design; and the king despatched a +messenger after them, charging them to attempt nothing against the +person of the primate [u]: but these orders arrived too late to +prevent their fatal purpose. The four assassins, though they took +different roads to England, arrived nearly about the same time at +Saltwoode, near Canterbury; and being there joined by some assistants, +they proceeded in great haste to the archiepiscopal palace. They +found the primate, who trusted entirely to the sacredness of his +character, very slenderly attended; and though they threw out many +menaces and reproaches against him, he was so incapable of fear, that, +without using any precautions against their violence, he immediately +went to St. Benedict’s church to hear vespers. They followed him +thither, attacked him before the altar, and having cloven his head +with many blows, retired without meeting any opposition. [MN 1170. +Dec. 29. Murder of Thomas à Becket.] This was the tragical end of +Thomas à Becket, a prelate of the most lofty, intrepid, and inflexible +spirit, who was able to cover to the world, and probably to himself, +the enterprises of pride and ambition under the disguise of sanctity +and of zeal for the interests of religion: an extraordinary personage, +surely had he been allowed to remain in his first station, and had +directed the vehemence of his character to the support of law and +justice; instead of being engaged, by the prejudices of the times, to +sacrifice all private duties and public connexions to ties which he +imagined or represented as superior to every civil and political +consideration. But no man who enters into the genius of that age can +reasonably doubt of this prelate's sincerity. The spirit of +superstition was so prevalent, that it infallibly caught every +careless reasoner, much more every one whose interest, and honour, and +ambition were engaged to support it. All the wretched literature of +the times was enlisted on that side: some faint glimmerings of common +sense might sometimes pierce through the thick cloud of ignorance, or +what was worse, the illusions of perverted science, which had blotted +out the sun, and enveloped the face of nature: but those who preserved +themselves untainted by the general contagion proceeded on no +principles which they could pretend to justify: they were more +indebted to their total want of instruction than to their knowledge, +if they still retained some share of understanding: folly was +possessed of all the schools as well as all the churches; and her +votaries assumed the garb of philosophers, together with the ensigns +of spiritual dignities. Throughout that large collection of letters, +which bears the name of St. Thomas, we find, in all the retainers of +the aspiring prelate, no less than in himself, a most entire and +absolute conviction of the reason and piety of their own party, and a +disdain of their antagonists: nor is there less cant and grimace in +their style, when they address each other, than when they compose +manifestos for the perusal of the public. The spirit of revenge, +violence, and ambition, which accompanied their conduct, instead of +forming a presumption of hypocrisy, are the surest pledges of their +sincere attachment to a cause, which so much flattered these +domineering passions. +[FN [s] Gervase, p. 1414. Parker, p. 207. [t] M. Paris, p. 86. +Brompton, p. 1065. Benedict. Abbas, p. 10. [u] Hist. Quad. p. 144. +Trivet, p. 55.] + +[MN Grief,] Henry, on the first report of Becket's violent measures, +had purposed to have him arrested, and had already taken some steps +towards the execution of that design: but the intelligence of his +murder threw the prince into great consternation; and he was +immediately sensible of the dangerous consequences which he had reason +to apprehend from so unexpected an event. An archbishop of reputed +sanctity, assassinated before the altar, in the exercise of his +functions, and on account of his zeal in maintaining ecclesiastical +privileges, must attain the highest honours of martyrdom; while his +murderer would be ranked among the most bloody tyrants that ever were +exposed to the hatred and detestation of mankind. Interdicts and +excommunications, weapons in themselves so terrible, would, he +foresaw, be armed with double force when employed in a cause so much +calculated to work on the human passions, and so peculiarly adapted to +the eloquence of popular preachers and declaimers. In vain would he +plead his own innocence, and even his total ignorance of the fact: he +was sufficiently guilty, if the church thought proper to esteem him +such; and his concurrence in Becket's martyrdom, becoming a religious +opinion, would be received with all the implicit credit which belonged +to the most established articles of faith. These considerations gave +the king the most unaffected concern; and as it was extremely his +interest to clear himself from all suspicion, he took no care to +conceal the depth of his affliction [w]. He shut himself up from the +light of day, and from all commerce with his servants: he even +refused, during three days, all food and sustenance [x]: the +courtiers, apprehending dangerous effects from his despair, were at +last obliged to break in upon his solitude; and they employed every +topic of consolation, induced him to accept of nourishment, and +occupied his leisure in taking precautions against the consequences +which he so justly apprehended from the murder of the primate. +[FN [w] Ypod. Neust. p. 447. M. Paris, p. 87. Diceto, p. 556. +Gervase, p. 1419. [x] Hist. Quad. p. 143.] + +[MN 1171. and submission of the king.] The point of chief importance +to Henry was to convince the pope of his innocence; or rather, to +persuade him that he would reap greater advantages from the +submissions of England, than from proceeding to extremities against +that kingdom. The Archbishop of Rouen, the Bishops of Worcester and +Evreux, with five persons of inferior quality, were immediately +despatched to Rome [y], and orders were given them to perform their +journey with the utmost expedition. Though the name and authority of +the court of Rome were so terrible in the remote countries of Europe, +which were sunk in profound ignorance, and were entirely unacquainted +with its character and conduct; the pope was so little revered at +home, that his inveterate enemies surrounded the gates of Rome itself, +and even controlled his government in that city; and the ambassadors, +who, from a distant extremity of Europe, carried to him the humble or +rather abject submissions of the greatest potentate of the age, found +the utmost difficulty to make their way to him, and to throw +themselves at his feet. It was at length agreed, that Richard Barre, +one of their number, should leave the rest behind, and run all the +hazards of the passage [z]; in order to prevent the fatal consequences +which might ensue from any delay in giving satisfaction to his +holiness. He found, on his arrival, that Alexander was already +wrought up to the greatest rage against the king; that Becket's +partisans were daily stimulating him to revenge; that the king of +France had exhorted him to fulminate the most dreadful sentence +against England; and that the very mention of Henry's name before the +sacred college was received with every expression of horror and +execration. The Thursday before Easter was now approaching, when it +is customary for the pope to denounce annual curses against all his +enemies; and it was expected that Henry should, with all the +preparations peculiar to the discharge of that sacred artillery, be +solemnly comprehended in the number. But Barre found means to appease +the pontiff, and to deter him from a measure, which, if it failed of +success, could not afterwards be easily recalled: the anathemas were +only levelled in general against all the actors, accomplices, and +abettors of Becket's murder. The Abbot of Valasse, and the +Archdeacons of Salisbury and Lisieux, with others of Henry's +ministers, who soon after arrived, besides asserting their prince's +innocence, made oath before the whole consistory that he would stand +to the pope's judgment in the affair, and make every submission that +should be required of him. The terrible blow was thus artfully +eluded; the Cardinals Albert and Theodin were appointed legates to +examine the cause, and were ordered to proceed to Normandy for that +purpose; and though Henry's foreign dominions were already laid under +an interdict by the Archbishop of Sens, Becket's great partisan, and +the pope's legate in France, the general expectation that the monarch +would easily exculpate himself from any concurrence in the guilt, kept +every one in suspense, and prevented all the bad consequences which +might be dreaded from that sentence. +[FN [y] Hoveden, p. 526. M. Paris, p. 87. [z] Hoveden, p. 26. +Epist. St. Thom. p. 863.] + +The clergy, meanwhile, though their rage was happily diverted from +falling on the king, were not idle in magnifying the sanctity of +Becket; in extolling the merits of his martyrdom; and in exalting him +above all that devoted tribe, who in several ages had, by their blood, +cemented the fabric of the temple. Other saints had only borne +testimony by their sufferings to the general doctrines of +Christianity; but Becket had sacrificed his life to the power and +privileges of the clergy; and this peculiar merit challenged, and not +in vain, a suitable acknowledgment to his memory. Endless were the +panegyrics on his virtues; and the miracles wrought by his relics were +more numerous, more nonsensical, and more impudently attested, than +those which ever filled the legend of any confessor or martyr. Two +years after his death he was canonized by Pope Alexander; a solemn +jubilee was established for celebrating his merits; his body was +removed to a magnificent shrine, enriched with presents from all parts +of Christendom; pilgrimages were performed to obtain his intercession +with Heaven; and it was computed, that in one year above a hundred +thousand pilgrims arrived in Canterbury, and paid their devotions at +his tomb. It is indeed a mortifying reflection to those who are +actuated by the love of fame, so justly denominated the last infirmity +of noble minds, that the wisest legislator, and most exalted genius +that ever reformed or enlightened the world, can never expect such +tributes of praise as are lavished on the memory of pretended saints, +whose whole conduct was probably to the last degree odious or +contemptible, and whose industry was entirely directed to the pursuit +of objects pernicious to mankind. It is only a conqueror, a personage +no less entitled to our hatred, who can pretend to the attainment of +equal renown and glory. + +It may not be amiss to remark, before we conclude the subject of +Thomas à Becket, that the king, during his controversy with that +prelate, was on every occasion more anxious than usual to express his +zeal for religion, and to avoid all appearance of a profane negligence +on that head. He gave his consent to the imposing of a tax on all his +dominions for the delivery of the Holy Land, now threatened by the +famous Saladine: this tax amounted to two-pence a pound for one year, +and a penny a pound for the four subsequent [a]. Almost all the +princes of Europe laid a like imposition on their subjects, which +received the name of Saladine's tax. During this period, there came +over from Germany about thirty heretics of both sexes, under the +direction of one Gerard; simple ignorant people, who could give no +account of their faith, but declared themselves ready to suffer for +the tenets of their master. They made only one convert in England, a +woman as ignorant as themselves; yet they gave such umbrage to the +clergy, that they were delivered over to the secular arm, and were +punished by being burned on the forehead, and then whipped through the +streets. They seemed to exult in their sufferings, and, as they went +along, sung the beatitude, BLESSED ARE YE, WHEN MEN HATE YOU AND +PERSECUTE YOU [b]. After they were whipped, they were thrust out +almost naked in the midst of winter and perished through cold and +hunger; no one daring or being willing, to give them the least relief. +We are ignorant of the particular tenets of these people; for it would +be imprudent to rely on the representations left of them by the +clergy, who affirmed that they denied the efficacy of the sacraments, +and the unity of the church. It is probable that their departure from +the standard of orthodoxy was still more subtle and minute. They seem +to have been the first that ever suffered for heresy in England. +[FN [a] Chron. Gervase, p. 1399. M. Paris, p. 74. [b] Neubr. p. 391. +M. Paris, p. 74. Heming. p. 494.] + +As soon as Henry found that he was in no immediate danger from the +thunders of the Vatican, he undertook an expedition against Ireland; a +design which he had long projected, and by which he hoped to recover +his credit, somewhat impaired by his late transactions with the +hierarchy. + + + + +CHAPTER IX. + +STATE OF IRELAND.--CONQUEST OF THAT ISLAND.--THE KING’S ACCOMMODATION +WITH THE COURT OF ROME.--REVOLT OF YOUNG HENRY AND HIS BROTHERS.--WARS +AND INSURRECTIONS.--WAR WITH SCOTLAND.--PENANCE OF HENRY FOR BECKET'S +MURDER.--WILLIAM, KING OF SCOTLAND, DEFEATED AND TAKEN PRISONER.--THE +KING'S ACCOMMODATION WITH HIS SONS.--THE KING'S EQUITABLE +ADMINISTRATION.--CRUSADES.--REVOLT OF PRINCE RICHARD.--DEATH AND +CHARACTER OF HENRY.--MISCELLANEOUS TRANSACTIONS OF HIS REIGN. + + + +[MN 1172. State of Ireland.] +As Britain was first peopled from Gaul, so was Ireland probably from +Britain; and the inhabitants of all these countries seem to have been +so many tribes of the Celtae, who derive their origin from an +antiquity that lies far beyond the records of any history or +tradition. The Irish, from the beginning of time, had been buried in +the most profound barbarism and ignorance; and as they were never +conquered, or even invaded by the Romans, from whom all the western +world derived its civility, they continued still in the most rude +state of society, and were distinguished by those vices alone, to +which human nature, not tamed by education, or restrained by laws, is +for ever subject. The small principalities into which they were +divided exercised perpetual rapine and violence against each other; +the uncertain succession of their princes was a continual source of +domestic convulsions; the usual title of each petty sovereign was the +murder of his predecessor; courage and force, though exercised in the +commission of crimes, were more honoured than any pacific virtues; and +the most simple arts of life, even tillage and agriculture, were +almost wholly unknown among them. They had felt the invasions of the +Danes and the other northern tribes; but these inroads, which had +spread barbarism in other parts of Europe, tended rather to improve +the Irish; and the only towns which were to be found in the island had +been planted along the coast by the freebooters of Norway and Denmark. +The other inhabitants exercised pasturage in the open country; sought +protection from any danger in their forests and morasses; and being +divided by the fiercest animosities against each other, were still +more intent on the means of mutual injury, than on the expedients for +common or even for private interest. + +Besides many small tribes, there were in the age of Henry II. five +principal sovereignties in the island, Munster, Leinster, Meath, +Ulster, and Connaught; and as it had been usual for the one or the +other of these to take the lead in their wars, there was commonly some +prince, who seemed, for the time, to act as monarch of Ireland. +Roderic O'Connor, King of Connaught, was then advanced to this dignity +[a]; but his government, ill obeyed even within his own territory, +could not unite the people in any measures either for the +establishment of order, or for defence against foreigners. The +ambition of Henry had, very early in his reign, been moved by the +prospect of these advantages to attempt the subjecting of Ireland; and +a pretence was only wanting to invade a people who, being always +confined to their own island, had never given any reason of complaint +to any of their neighbours. For this purpose, he had recourse to +Rome, which assumed a right to dispose of kingdoms and empires; and, +not foreseeing the dangerous disputes which he was one day to maintain +with that see, he helped, for present, or rather for an imaginary, +convenience, to give sanction to claims which were now become +dangerous to all sovereigns. Adrian III., who then filled the papal +chair, was by birth an Englishman; and being, on that account, the +more disposed to oblige Henry, he was easily persuaded to act as +master of the world, and to make, without any hazard or expense, the +acquisition of a great island to his spiritual jurisdiction. The Irish +had, by precedent missions from the Britons, been imperfectly +converted to Christianity; and, what the pope regarded as the surest +mark of their imperfect conversion, they followed the doctrines of +their first teachers, and had never acknowledged any subjection to the +see of Rome. Adrian, therefore, in the year 1156, issued a bull in +favour of Henry; in which, after premising that this prince had ever +shown an anxious care to enlarge the church of God on earth, and to +increase the number of his saints and elect in heaven; he represents +his design of subduing Ireland as derived from the same pious motives: +he considers his care of previously applying for the apostolic +sanction as a sure earnest of success and victory; and having +established it as a point incontestable, that all Christian kingdoms +belong to the patrimony of St. Peter, he acknowledges it to be his own +duty to sow among them the seeds of the gospel, which might in the +last day fructify to their eternal salvation: he exhorts the king to +invade Ireland, in order to extirpate the vice and wickedness of the +natives, and oblige them to pay yearly, from every house, a penny to +the see of Rome: he gives him entire right and authority over the +island, commands all the inhabitants to obey him as their sovereign, +and invests with full power all such godly instruments as he should +think proper to employ in an enterprise thus calculated for the glory +of God and the salvation of the souls of men [b]. Henry, though armed +with this authority, did not immediately put his design in execution; +but being detained by more interesting business on the continent, +waited for a favourable opportunity of invading Ireland. +[FN [a] Hoveden, p. 527. [b] M. Paris, p. 67. Girald. Cambr. Spellm. +Concil. vol. ii. p. 51. Rymer, vol. i. p. 15.] + +Dermot Macmorrogh, King of Leinster, had, by his licentious tyranny, +rendered himself odious to his subjects, who seized with alacrity the +first occasion that offered of throwing off the yoke, which was become +grievous and oppressive to them. This prince had formed a design on +Dovergilda, wife of Ororic, Prince of Breffny; and taking advantage of +her husband's absence, who, being obliged to visit a distant part of +his territory, had left his wife secure, as he thought, in an island +surrounded by a bog, he suddenly invaded the place and carried off the +princess [c]. This exploit, though usual among the Irish, and rather +deemed a proof of gallantry and spirit [d], provoked the resentment of +the husband; who, having collected forces, and being strengthened by +the alliance of Roderic, King of Connaught, invaded the dominions of +Dermot, and expelled him his kingdom. The exiled prince had recourse +to Henry, who was at this time in Guienne, craved his assistance in +restoring him to his sovereignty, and offered, on that event, to hold +his kingdom in vassalage under the crown of England. Henry, whose +views were already turned towards making acquisitions in Ireland, +readily accepted the offer; but being at that time embarrassed by the +rebellions of his French subjects, as well as by his disputes with the +see of Rome, he declined for the present embarking in the enterprise, +and gave Dermot no farther assistance than letters patent, by which he +empowered all his subjects to aid the Irish prince in the recovery of +his dominions [e]. Dermot, supported by this authority, came to +Bristol; and after endeavouring, though for some time in vain, to +engage adventurers in the enterprise, he at last formed a treaty with +Richard, surnamed Strongbow, Earl of Strigul. This nobleman, who was +of the illustrious house of Clare, had impaired his fortune by +expensive pleasures; and being ready for any desperate undertaking, he +promised assistance to Dermot, on condition that he should espouse +Eva, daughter of that prince, and be declared heir to all his +dominions [f]. While Richard was assembling his succours, Dermot went +into Wales; and meeting with Robert Fitz-Stephens, Constable of +Abertivi, and Maurice Fitz-Gerald, he also engaged them in his +service, and obtained their promise of invading Ireland. Being now +assured of succour, he returned privately to his own state; and +lurking in the monastery of Fernes, which he had founded, (for this +ruffian was also a founder of monasteries,) he prepared every thing +for the reception of his English allies [g]. +[FN [c] Girald. Cambr. p. 760. [d] Spencer, vol. vi. [e] Girald. +Cambr. p. 760. [f] Ibid. p. 761. [g] Ibid.] + +[MN Conquest of that island.] +The troops of Fitz-Stephens were first ready. That gentleman landed +in Ireland with thirty knights, sixty esquires, and three hundred +archers; but this small body, being brave men, not unacquainted with +discipline, and completely armed, a thing almost unknown in Ireland, +struck a great terror into the barbarous inhabitants, and seemed to +menace them with some signal revolution. The conjunction of Maurice +de Pendergast, who, about the same time, brought over ten knights and +sixty archers, enabled Fitz-Stephens to attempt the siege of Wexford, +a town inhabited by the Danes; and after gaining an advantage, he made +himself master of the place [h]. Soon after, Fitz-Gerald arrived with +ten knights, thirty esquires, and a hundred archers [i]; and being +joined by the former adventurers, composed a force which nothing in +Ireland was able to withstand. Roderic, the chief monarch of the +island, was foiled in different actions; the Prince of Ossory was +obliged to submit, and give hostages for his peaceable behaviour; and +Dermot, not content with being restored to his kingdom of Leinster, +projected the dethroning of Roderic, and aspired to the sole dominion +over the Irish. +[FN [h] Girald. Cambr. p. 761, 762. [i] Ibid. p. 766.] + +In prosecution of these views, he sent over a messenger to the Earl of +Strigul, challenging the performance of his promise, and displaying +the mighty advantages which might now be reaped by a reinforcement of +warlike troops from England. Richard, not satisfied with the general +allowance given by Henry to all his subjects, went to that prince, +then in Normandy; and having obtained a cold or ambiguous permission, +prepared himself for the execution of his designs. He first sent over +Raymond, one of his retinue, with ten knights and seventy archers, +who, landing near Waterford, defeated a body of three thousand Irish, +that had ventured to attack him [k]; and as Richard himself, who +brought over two hundred horse, and a body of archers, joined, a few +days after, the victorious English, they made themselves masters of +Waterford, and proceeded to Dublin, which was taken by assault. +Roderic, in revenge, cut off the head of Dermot's natural son, who had +been left as a hostage in his hands; and Richard, marrying Eva, became +soon after, by the death of Dermot, master of the kingdom of Leinster, +and prepared to extend his authority over all Ireland. Roderic, and +the other Irish princes, were alarmed at the danger; and, combining +together, besieged Dublin with an army of thirty thousand men; but +Earl Richard making a sudden sally at the head of ninety knights, with +their followers, put this numerous army to rout, chased them off the +field, and pursued them with great slaughter. None in Ireland now +dared to oppose themselves to the English [l]. +[FN [k] Ibid. p. 767. [l] Girald. Cambr. p. 773.] + +Henry, jealous of the progress made by his own subjects, sent orders +to recall all the English, and he made preparations to attack Ireland +in person [m]: but Richard, and the other adventurers, found means to +appease him by making him the most humble submissions, and offering to +hold all their acquisitions in vassalage to his crown [n]. That +monarch landed in Ireland at the head of five hundred knights, besides +other soldiers: he found the Irish so dispirited by their late +misfortunes, that, in a progress which he made through the island, he +had no other occupation than to receive the homage of his new +subjects. He left most of the Irish chieftains or princes in +possession of their ancient territories; bestowed some lands on the +English adventurers; gave Earl Richard the commission of Seneschal of +Ireland; and after a stay of a few months, returned in triumph to +England. By these trivial exploits, scarcely worth relating, except +for the importance of the consequences, was Ireland subdued, and +annexed to the English crown. +[FN [m] Ibid. p. 770. [n] Ibid. p. 775.] + +The low state of commerce and industry, during those ages, made it +impracticable for princes to support regular armies, which might +retain a conquered country in subjection; and the extreme barbarism +and poverty of Ireland could still less afford means of bearing the +expense. The only expedient, by which a durable conquest could then +be made or maintained, was by pouring in a multitude of new +inhabitants, dividing among them the lands of the vanquished, +establishing them in all offices of trust and authority, and thereby +transforming the ancient inhabitants into a new people. By this +policy, the northern invaders of old, and of late the Duke of +Normandy, had been able to fix their dominions, and to erect kingdoms, +which remained stable on their foundations, and were transmitted to +the posterity of the first conquerors. But the state of Ireland +rendered that island so little inviting to the English, that only a +few of desperate fortunes could be persuaded, from time to time, to +transport themselves thither [o]; and instead of reclaiming the +natives from their uncultivated manners, they were gradually +assimilated to the ancient inhabitants, and degenerated from the +customs of their own nation. It was also found requisite to bestow +great military and arbitrary powers on the leaders, who commanded a +handful of men amidst such hostile multitudes; and law and equity, in +a little time, became as much unknown in the English settlements as +they had ever been among the Irish tribes. Palatinates were erected +in favour of the new adventurers; independent authority conferred; the +natives, never fully subdued, still retained their animosity against +the conquerors; their hatred was retaliated by like injuries; and from +these causes, the Irish, during the course of four centuries, remained +still savage and untractable: it was not till the latter end of +Elizabeth’s reign that the island was fully subdued; nor till that of +her successor that it gave hopes of becoming a useful conquest to the +English nation. +[FN [o] Brompton, p. 1069. Neubrig. p. 403.] + +Besides that the easy and peaceable submission of the Irish left Henry +no farther occupation in that island, he was recalled from it by +another incident, which was of the last importance to his interest and +safety. The two legates, Albert and Theodin, to whom was committed +the trial of his conduct in the murder of Archbishop Becket, were +arrived in Normandy; and being impatient of delay, sent him frequent +letters, full of menaces, if he protracted any longer making his +appearance before them [p]. He hastened therefore to Normandy, and +had a conference with them at Savigny, where their demands were so +exorbitant, that he broke off the negotiation, threatened to return to +Ireland, and bade them do their worst against him. They perceived +that the season was now past for taking advantage of that tragical +incident; which, had it been hotly pursued by interdicts and +excommunications, was capable of throwing the whole kingdom into +combustion. But the time which Henry had happily gained had +contributed to appease the minds of men: the event could not now have +the same influence as when it was recent; and as the clergy every day +looked for an accommodation with the king, they had not opposed the +pretensions of his partisans, who had been very industrious in +representing to the people his entire innocence in the murder of the +primate, and his ignorance of the designs formed by the assassins. +The legates, therefore, found themselves obliged to lower their terms; +and Henry was so fortunate as to conclude an accommodation with them. +He declared upon oath, before the relics of the saints, that, so far +from commanding or desiring the death of the archbishop, he was +extremely grieved when he received intelligence of it: but as the +passion which he had expressed on account of that prelate's conduct +had probably been the occasion of his murder, he stipulated the +following conditions, as an atonement for the offence. [MN The king’s +accommodation with the court of Rome.] He promised, that he should +pardon all such as had been banished for adhering to Becket, and +should restore them to their livings; that the see of Canterbury +should be reinstated in all its ancient possessions; that he should +pay the Templars a sum of money for the subsistence of two hundred +knights during a year in the Holy Land; that he should himself take +the cross at the Christmas following, and, if the pope required it, +serve three years against the infidels either in Spain or Palestine; +that he should not insist on the observance of such customs, +derogatory to ecclesiastical privileges, as had been introduced in his +own time; and that he should not obstruct appeals to the pope in +ecclesiastical causes, but should content himself with exacting +sufficient security from such clergymen as left his dominions to +prosecute an appeal, that they should attempt nothing against the +rights of his crown [q]. Upon signing these concessions, Henry +received absolution from the legates, and was confirmed in the grant +of Ireland made by Pope Adrian [r]; and nothing proves more strongly +the great abilities of this monarch, than his extricating himself on +such easy terms from so difficult a situation. He had always insisted +that the laws established at Clarendon contained not any new claims, +but the ancient customs of the kingdom; and he was still at liberty, +notwithstanding the articles of this agreement, to maintain his +pretensions. Appeals to the pope were indeed permitted by that +treaty; but as the king was also permitted to exact reasonable +securities from the parties, and might stretch his demands on this +head as far as he pleased, he had it virtually in his power to prevent +the pope from reaping any advantage by this seeming concession. And +on the whole, the constitutions of Clarendon remained still the law of +the realm; though the pope and his legates seem so little to have +conceived the king's power to lie under any legal limitations, that +they were satisfied with his departing, by treaty, from one of the +most momentous articles of these constitutions, without requiring any +repeal by the states of the kingdom. +[FN [p] Girald. Cambr. p. 778. [q] M. Paris, p. 88. Benedict. Abb. +p. 34. Hoveden, p. 529. Diceto, p 560. Chron. Gerv. p. 1422. [r] +Brompton, p. 1071 Liber Nig. Scac. p. 47.] + +Henry, freed from this dangerous controversy with the ecclesiastics +and with the see of Rome, seemed now to have reached the pinnacle of +human grandeur and felicity, and to be equally happy in his domestic +situation and in his political government. A numerous progeny of sons +and daughters gave both lustre and authority to his crown, prevented +the dangers of a disputed succession, and repressed all pretensions of +the ambitious barons. The king's precaution, also, in establishing +the several branches of his family, seemed well calculated to prevent +all jealousy among the brothers, and to perpetuate the greatness of +his family. He had appointed Henry, his eldest son, to be his +successor in the kingdom of England, the duchy of Normandy, and the +counties of Anjou, Maine, and Touraine; territories which lay +contiguous, and which, by that means, might easily lend to each other +mutual assistance, both against intestine commotions and foreign +invasions. Richard, his second son, was invested in the duchy of +Guienne and county of Poictou; Geoffrey, his third son, inherited, in +right of his wife, the duchy of Britany; and the new conquest of +Ireland was destined for the appanage of John, his fourth son. He had +also negotiated, in favour of this last prince, a marriage with +Adelais, the only daughter of Humbert, Count of Savoy and Maurienne; +and was to receive as her dowry considerable demesnes in Piedmont, +Savoy, Bresse, and Dauphiny [s]. But this exaltation of his family +excited the jealousy of all his neighbours, who made those very sons, +whose fortunes he had so anxiously established, the means of +embittering his future life, and disturbing his government. +[FN [s] Ypod. Neust. p. 448. Bened. Abb. p. 38. Hoveden, p. 532. +Diceto, p. 562. Brompton, p. 1081. Rymer, vol. i. p. 33.] + +Young Henry, who was rising to man's estate, began to display his +character, and aspire to independence: brave, ambitious, liberal, +munificent, affable; he discovered qualities which give great lustre +to youth; prognosticate a shining fortune; but unless tempered in +mature age with discretion, are the forerunners of the greatest +calamities [t]. It is said, that at the time when this prince +received the royal unction, his father, in order to give greater +dignity to the ceremony, officiated at table as one of the retinue; +and observed to his son, that never king was more royally served. IT +IS NOTHING EXTRAORDINARY, said young Henry to one of his courtiers, IF +THE SON OF A COUNT SHOULD SERVE THE SON OF A KING. This saying, which +might pass only for an innocent pleasantry, or even for an oblique +compliment to his father, was however regarded as a symptom of his +aspiring temper; and his conduct soon after justified the conjecture. +[FN [t] Chron. Gerv. p. 1463.] + +Henry, agreeably to the promise which he had given both to the pope +and French king, permitted his son to be crowned anew by the hands of +the Archbishop of Rouen, and associated the Princess Margaret, spouse +to young Henry, in the ceremony [u] [MN 1173.] He afterwards allowed +him to pay a visit to his father-in-law at Paris, who took the +opportunity of instilling into the young prince those ambitious +sentiments, to which he was naturally but too much inclined [w]. [MN +Revolt of young Henry and his brothers.] Though it had been the +constant practice of France, ever since the accession of the Capetian +line, to crown the son during the lifetime of the father, without +conferring on him any present participation of royalty, Lewis +persuaded his son-in-law, that, by this ceremony, which in those ages +was deemed so important, he had acquired a title to sovereignty, and +that the king could not, without injustice, exclude him from immediate +possession of the whole or at least a part of his dominions. In +consequence of these extravagant ideas, young Henry, on his return, +desired the king to resign to him either the crown of England, or the +duchy of Normandy; discovered great discontent on the refusal; spake +in the most undutiful terms of his father; and soon after, in concert +with Lewis, made his escape to Paris, where he was protected and +supported by that monarch. +[FN [u] Hoveden, p. 529. Diceto, p. 560. Brompton, p. 1080. Chron. +Gerv. p. 1421. Trivet, p. 58. It appears from Madox's History of the +Exchequer, that silk garments were then known in England, and that the +coronation robes of the young king and queen cost eighty-seven pounds +ten shillings and four pence, money of that age. [w] Girald. Camb. p. +782.] + +While Henry was alarmed at this incident, and had the prospect of +dangerous intrigues, or even of a war, which, whether successful or +not, must be extremely calamitous and disagreeable to him, he received +intelligence of new misfortunes, which must have affected him in the +most sensible manner. Queen Eleanor, who had disgusted her first +husband by her gallantries, was no less offensive to her second by her +jealousy; and after this manner carried to extremity, in the different +periods of her life, every circumstance of female weakness. She +communicated her discontents against Henry to her two younger sons, +Geoffrey and Richard; persuaded them that they were also entitled to +present possession of the territories assigned to them; engaged them +to fly secretly to the court of France; and was meditating, herself, +an escape to the same court, and had even put on man's apparel for +that purpose; when she was seized by orders from her husband, and +thrown into confinement. Thus, Europe saw with astonishment the best +and most indulgent of parents at war with his whole family; three +boys, scarcely arrived at the age of puberty, required a great +monarch, in the full vigour of his age and height of his reputation, +to dethrone himself in their favour; and several princes not ashamed +to support them in these unnatural and absurd pretensions. + +Henry, reduced to this perilous and disagreeable situation, had +recourse to the court of Rome: though sensible of the danger attending +the interposition of ecclesiastical authority in temporal disputes, he +applied to the pope, as his superior lord, to excommunicate his +enemies, and by these censures to reduce to obedience his undutiful +children, whom he found such reluctance to punish by the sword of the +magistrate [x]. Alexander, well pleased to exert his power in so +justifiable a cause, issued the bulls required of him; but it was soon +found that these spiritual weapons had not the same force as when +employed in a spiritual controversy; and that the clergy were very +negligent in supporting a sentence which was nowise calculated to +promote the immediate interests of their order. The king, after +taking in vain this humiliating step, was obliged to have recourse to +arms, and to enlist such auxiliaries as are the usual resource of +tyrants, and have seldom been employed by so wise and just a monarch. +[FN [x] Epist. Petri Bles. epist. 136. in Biblioth. Patr. tom. xxiv. +p. 1048. His words are, VESTRAE JURISDICTIONIS EST REGNUM ANGLIAE, ET +QUANTUM AD FEUDATORII JURIS OBLIGATIONEM, VOBIS DUNTAXAT OBNOXIUS +TENEOR. The same strange paper is in Rymer, vol. i. p. 35, and +Trivet, vol. i. p. 62.] + +The loose government which prevailed in all the states of Europe, the +many private wars carried on among the neighbouring nobles, and the +impossibility of enforcing any general execution of the laws, had +encouraged a tribe of banditti to disturb every where the public +peace, to infest the highways, to pillage the open country, and to +brave all the efforts of the civil magistrate, and even the +excommunications of the church, which were fulminated against them +[y]. Troops of them were sometimes enlisted in the service of one +prince or baron, sometimes in that of another: they often acted in an +independent manner, under leaders of their own: the peaceable and +industrious inhabitants, reduced to poverty by their ravages, were +frequently obliged, for subsistence, to betake themselves to a like +disorderly course of life; and a continual intestine war, pernicious +to industry, as well as to the execution of justice, was thus carried +on in the bowels of every kingdom [z]. Those desperate ruffians +received the name sometimes of Brabancons, sometimes of Routiers or +Cottereaux; but for what reason is not agreed by historians; and they +formed a kind of society or government among themselves, which set at +defiance the rest of mankind. The greatest monarchs were not ashamed, +on occasion, to have recourse to their assistance; and as their habits +of war and depredation had given them experience, hardiness, and +courage, they generally composed the most formidable part of those +armies which decided the political quarrels of princes. Several of +them were enlisted among the forces levied by Henry's enemies [a]; but +the great treasures amassed by that prince enabled him to engage more +numerous troops of them in his service; and the situation of his +affairs rendered even such banditti the only forces on whose fidelity +he could repose any confidence. His licentious barons, disgusted with +a vigilant government, were more desirous of being ruled by young +princes, ignorant of public affairs, remiss in their conduct, and +profuse in their grants [b]; and as the king had ensured to his sons +the succession to every particular province of his dominions, the +nobles dreaded no danger in adhering to those who, they knew, must +some time become their sovereigns. Prompted by these motives, many of +the Norman nobility had deserted to his son Henry; the Breton and +Gascon barons seemed equally disposed to embrace the quarrel of +Geoffrey and Richard. Disaffection had crept in among the English; +and the Earls of Leicester and Chester in particular had openly +declared against the king. Twenty thousand Brabancons, therefore, +joined to some troops which he brought over from Ireland, and a few +barons of approved fidelity, formed the sole force with which he +intended to resist his enemies. +[FN [y] Neubrig. p 413. [z] Chron. Gerv. p. 1461. [a] Petr. Bles. +epist. 47. [b] Diceto, p. 570.] + +Lewis, in order to bind the confederates in a close union, summoned at +Paris an assembly of the chief vassals of the crown, received their +approbation of his measures, and engaged them by oath to adhere to the +cause of young Henry. This prince, in return, bound himself by a like +tie never to desert his French allies; and having made a new great +seal, he lavishly distributed among them many considerable parts of +those territories which he purposed to conquer from his father. The +Counts of Flanders, Boulogne, Blois, and Eu, partly moved by the +general jealousy arising from Henry's power and ambition, partly +allured by the prospect of reaping advantage from the inconsiderate +temper and the necessities of the young prince, declared openly in +favour of the latter. William, King of Scotland, had also entered +into this great confederacy; and a plan was concerted for a general +invasion on different parts of the king's extensive and factious +dominions. + +Hostilities were first commenced by the Counts of Flanders and +Boulogne on the frontiers of Normandy. Those princes laid siege to +Aumale, which was delivered into their hands by the treachery of the +count of that name: this nobleman surrendered himself prisoner; and, +on pretence of thereby paying his ransom, opened the gates of all his +other fortresses. The two counts next besieged and made themselves +masters of Drincourt; but the Count of Boulogne was here mortally +wounded in the assault; and this incident put some stop to the +progress of the Flemish arms. + +[MN Wars and insurrections.] +In another quarter, the King of France, being strongly assisted by his +vassals, assembled a great army of seven thousand knights and their +followers on horseback, and a proportionable number of infantry: +carrying young Henry along with him, he laid siege to Verneuil, which +was vigorously defended by Hugh de Lacy and Hugh de Beauchamp, the +governors. After he had lain a month before the place, the garrison, +being straitened for provisions, were obliged to capitulate; and they +engaged, if not relieved within three days, to surrender the town, and +to retire into the citadel. On the last of these days, Henry appeared +with his army upon the heights above Verneuil. Lewis, dreading an +attack, sent the Archbiship of Sens and the Count of Blois to the +English camp, and desired that next day should be appointed for a +conference, in order to establish a general peace, and terminate the +difference between Henry and his sons. The king, who passionately +desired this accommodation, and suspected no fraud, gave his consent; +but Lewis, that morning, obliging the garrison to surrender, according +to the capitulation, set fire to the place, and began to retire with +his army. Henry, provoked at this artifice, attacked the rear with +vigour, put them to rout, did some execution, and took several +prisoners. The French army, as their time of service was now expired, +immediately dispersed themselves into their several provinces; and +left Henry free to prosecute his advantages against his other enemies. + +The nobles of Britany, instigated by the Earl of Chester and Ralph de +Fougeres, were all in arms; but their progress was checked by a body +of Brabancons which the king, after Lewis's retreat, had sent against +them. The two armies came to an action near Dol, where the rebels +were defeated, fifteen hundred killed on the spot, and the leaders, +the Earls of Chester and Fougeres, obliged to take shelter in the town +of Dol. Henry hastened to form the siege of that place, and carried +on the attack with such ardour, that he obliged the governor and +garrison to surrender themselves prisoners. By these vigorous +measures and happy successes the insurrections were entirely quelled +in Britany; and the king, thus fortunate in all quarters, willingly +agreed to a conference with Lewis, in hopes that his enemies, finding +all their mighty efforts entirely frustrated, would terminate +hostilities on some moderate and reasonable conditions. + +The two monarchs met between Trie and Gisors; and Henry had here the +mortification to see his three sons in the retinue of his mortal +enemy. As Lewis had no other pretence for war than supporting the +claims of the young princes, the king made them such offers as +children might be ashamed to insist on, and could be extorted from him +by nothing but his parental affection, or by the present necessity of +his affairs [c]. He insisted only on retaining the sovereign +authority in all his dominions; but offered young Henry half the +revenues of England, with some places of surety in that kingdom; or, +if he rather chose to reside in Normandy, half the revenues of that +duchy, with all those of Anjou. He made a like offer to Richard in +Guienne: he promised to resign Britany to Geoffrey; and if these +concessions were not deemed sufficient, he agreed to add to them +whatever the pope's legates, who were present, should require of him +[d]. The Earl of Leicester was also present at the negotiation; and +either from the impetuosity of his temper, or from a view of abruptly +breaking off a conference which must cover the allies with confusion, +he gave vent to the most violent reproaches against Henry, and he even +put his hand to his sword, as if he meant to attempt some violence +against him. This furious action threw the whole company into +confusion, and put an end to the treaty [e]. +[FN [c] Hoveden, p. 538. [d] Ibid. p. 536. Brompton, p. 1088. [e] +Hoveden, p. 536.] + +The chief hopes of Henry's enemies seemed now to depend on the state +of affairs in England, where his authority was exposed to the most +imminent danger. One article of Prince Henry's agreement with his +foreign confederates was, that he should resign Kent, with Dover, and +all its other fortresses, into the hands of the Earl of Flanders [f]: +yet so little national or public spirit prevailed among the +independent English nobility, so wholly bent were they on the +aggrandizement each of himself and his own family, that +notwithstanding this pernicious concession, which must have produced +the ruin of the kingdom, the greater part of them had conspired to +make an insurrection, and to support the prince's pretensions. The +king's principal resource lay in the church and the bishops, with whom +he was now in perfect agreement; whether that the decency of their +character made them ashamed of supporting so unnatural a rebellion, or +that they were entirely satisfied with Henry's atonement for the +murder of Becket, and for his former invasion of ecclesiastical +immunities. That prince, however, had resigned none of the essential +rights of his crown in the accommodation; he maintained still the same +prudent jealousy of the court of Rome; admitted no legate into +England, without his swearing to attempt nothing against the royal +prerogatives; and he had even obliged the monks of Canterbury, who +pretended to a free election on the vacancy made by the death of +Becket, to choose Roger, prior of Dover, in the place of that +turbulent prelate [g]. +[FN [f] Ibid. p. 533. Brompton, p. 1084. Neubr. p. 508. [g] +Hoveden, p. 537.] + +[MN War with Scotland.] +The King of Scotland made an irruption into Northumberland, and +committed great devastations; but being opposed by Richard de Lucy, +whom Henry had left guardian of the realm, he retreated into his own +country, and agreed to a cessation of arms. This truce enabled the +guardian to march southward with his army, in order to oppose an +invasion, which the Earl of Leicester, at the head of a great body of +Flemings, had made upon Suffolk. The Flemings had been joined by Hugh +Bigod, who made them masters of his castle of Framlingham; and +marching into the heart of the kingdom, where they hoped to be +supported by Leicester's vassals, they were met by Lucy, who, assisted +by Humphrey Bohun, the constable, and the Earls of Arundel, +Gloucester, and Cornwall, had advanced to Farnham, with a less +numerous but braver army to oppose them. The Flemings, who were +mostly weavers and artificers, (for manufactures were now beginning to +be established in Flanders,) were broken in an instant, ten thousand +of them were put to the sword, the Earl of Leicester was taken +prisoner, and the remains of the invaders were glad to compound for a +safe retreat into their own country. + +[MN 1174.] This great defeat did not dishearten the malecontents; +who, being supported by the alliance of so many foreign princes, and +encouraged by the king's own sons, determined to persevere in their +enterprise. The Earl of Ferrars, Roger de Mowbray, Architel de +Mallory, Richard de Morreville, Hamo de Mascie, together with many +friends of the Earls of Leicester and Chester, rose in arms: the +fidelity of the Earls of Clare and Gloucester was suspected; and the +guardian, though vigorously supported by Geoffrey, Bishop of Lincoln, +the king's natural son by the fair Rosamond, found it difficult to +defend himself on all quarters from so many open and concealed +enemies. The more to augment the confusion, the King of Scotland, on +the expiration of the truce, broke into the northern provinces with a +great army [h] of eighty thousand men; which, though undisciplined and +disorderly, and better fitted for committing devastation than for +executing any military enterprise, was become dangerous from the +present factious and turbulent spirit of the kingdom. Henry, who had +baffled all his enemies in France, and had put his frontiers in a +posture of defence, now found England the seat of danger; and he +determined by his presence to overawe the malecontents, or by his +conduct and courage to subdue them. [MN 8th July. Penance of Henry +for Becket’s murder.] He landed at Southampton; and knowing the +influence of superstition over the minds of the people, he hastened to +Canterbury, in order to make atonement to the ashes of Thomas à +Becket, and tender his submissions to a dead enemy. As soon as he +came within sight of the church of Canterbury, he dismounted, walked +barefoot towards it, prostrated himself before the shrine of the +saint, remained in fasting and prayer during a whole day, and watched +all night the holy relics. Not content with this hypocritical +devotion towards a man whose violence and ingratitude had so long +disquieted his government, and had been the object of his most +inveterate animosity, he submitted to a penance still more singular +and humiliating. He assembled a chapter of the monks, disrobed +himself before them, put a scourge of discipline into the hands of +each, and presented his bare shoulders to the lashes which these +ecclesiastics successively inflicted upon him. Next day he received +absolution; and departing for London, got soon after the agreeable +intelligence of a great victory which his generals had obtained over +the Scots, and which being gained, as was reported, on the very day of +his absolution, was regarded as the earnest of his final +reconciliation with Heaven and with Thomas à Becket. +[FN [h] Heming, p. 501.] + +William, King of Scots, though repulsed before the castle of Prudhow, +and other fortified places, had committed the most horrible +depredations upon the northern provinces: but on the approach of Ralph +de Glanville, the famous justiciary, seconded by Bernard de Baliol, +Robert de Stuteville, Odonel de Umfreville, William de Vesci, and +other northern barons, together with the gallant Bishop of Lincoln, he +thought proper to retreat nearer his own country, and he fixed his +camp at Alnwick. He had here weakened his army extremely, by sending +out numerous detachments in order to extend his ravages; and he lay +absolutely safe, as he imagined, from any attack of the enemy. But +Glanville, informed of his situation, made a hasty and fatiguing march +to Newcastle; and, allowing his soldiers only a small interval for +refreshment, he immediately set out towards evening for Alnwick. [MN +13th July.] He marched that night above thirty miles; arrived in the +morning, under cover of a mist, near the Scottish camp; and regardless +of the great numbers of the enemy, he began the attack with his small +but determined body of cavalry. William was living in such supine +security that he took the English, at first, for a body of his own +ravagers, who were returning to the camp; but the sight of their +banners convincing him of his mistake, he entered on the action with +no greater body than a hundred horse in confidence that the numerous +army which surrounded him would soon hasten to his relief. [MN +William, King of Scotlamd, defeated and taken prisoner.] He was +dismounted on the first shock, and taken prisoner; while his troops, +hearing of this disaster, fled on all sides with the utmost +precipitation. The dispersed ravagers made the best of their way to +their own country; and discord arising among them, they proceeded even +to mutual hostilities, and suffered more from each other's sword than +from that of the enemy. + +This great and important victory proved at last decisive in favour of +Henry, and entirely broke the spirit of the English rebels. The +Bishop of Durham, who was preparing to revolt, made his submissions; +Hugh Bigod, though he had received a strong reinforcement of Flemings, +was obliged to surrender all his castles, and throw himself on the +king's mercy; no better resource was left to the Earl of Ferrars and +Roger de Mowbray; the inferior rebels imitating the example, all +England was restored to tranquillity in a few weeks; and as the king +appeared to lie under the immediate protection of Heaven, it was +deemed impious any longer to resist him. The clergy exalted anew the +merits and powerful intercession of Becket; and Henry, instead of +opposing this superstition, plumed himself on the new friendship of +the saint, and propagated an opinion which was so favourable to his +interests [i]. +[FN [i] Hoveden, p. 539.] + +Prince Henry, who was ready to embark at Gravelines, with the Earl of +Flanders and a great army, hearing that his partisans in England were +suppressed, abandoned all thoughts of the enterprise, and joined the +camp of Lewis, who, during the absence of the king, had made an +irruption into Normandy, and had laid siege to Rouen [k]. The place +was defended with great vigour by the inhabitants [l]; and Lewis, +despairing of success by open force, tried to gain the town by a +stratagem, which, in that superstitious age, was deemed not very +honourable. He proclaimed in his own camp a cessation of arms, on +pretence of celebrating the festival of St. Laurence; and when the +citizens, supposing themselves in safety, were so imprudent as to +remit their guard, he proposed to take advantage of their security. +Happily, some priests had, from mere curiosity, mounted a steeple +where the alarm-bell hung; and, observing the French camp in motion, +they immediately rang the bell, and gave warning to the inhabitants, +who ran to their several stations. The French who, on hearing the +alarm, hurried to the assault, had already mounted the walls in +several places; but being repulsed by the enraged citizens, were +obliged to retreat with considerable loss [m]. Next day, Henry, who +had hastened to the defence of his Norman dominions, passed over the +bridge in triumph, and entered Rouen in sight of the French army. The +city was now in absolute safety; and the king, in order to brave the +French monarch, commanded the gates, which had been walled up, to be +opened; and he prepared to push his advantages against the enemy. +Lewis saved himself from this perilous situation by a new piece of +deceit, not so justifiable. He proposed a conference for adjusting +the terms of a general peace, which he knew would be greedily embraced +by Henry; and while the king of England trusted to the execution of +his promise, he made a retreat with his army into France. +[FN [k] Brompton, p. 1096. [l] Diceto, p. 578. [m] Brompton, p. +1096. Neubrig. p. 411. Heming, p. 503.] + +There was, however, a necessity on both sides for an accommodation. +Henry could no longer bear to see his three sons in the hands of his +enemy; and Lewis dreaded lest this great monarch, victorious in all +quarters, crowned with glory, and absolute master of his dominions +might take revenge for the many dangers and disquietudes which the +arms, and still more the intrigues of France had, in his disputes both +with Becket and his sons, found means to raise him. After making a +cessation of arms, a conference was agreed on near Tours; where Henry +granted his sons much less advantageous terms than he had formerly +offered, and he received their submissions. [MN The king's +accommodation with his sons.] The most material of his concessions +were some pensions which he stipulated to pay them, and some castles +which he granted them for the place of their residence; together with +an indemnity for all their adherents, who were restored to their +estates and honours [n]. +[FN [n] Rymer, vol. i. p. 35. Bened. Abb. p. 88. Hoveden, p. 540. +Diceto, p. 584. Brompton, p. 1098. Heming. p. 505. Chron. Dunst. p. +36.] + +Of all those who had embraced the cause of the young princes, William, +King of Scotland, was the only considerable loser by that invidious +and unjust enterprise. Henry delivered from confinement, without +exacting any ransom, about nine hundred knights whom he had taken +prisoners; but it cost William the ancient independency of his crown +as the price of his liberty. He stipulated to do homage to Henry for +Scotland, and all his other possessions; he engaged that all the +barons and nobility of his kingdom should also do homage; that the +bishops should take an oath of fealty; that both should swear to +adhere to the King of England against their native prince, if the +latter should break his engagements; and that the fortresses of +Edinburgh, Stirling, Berwick, Roxburgh, and Jedburgh, should be +delivered into Henry's hands, till the performance of articles [o]. +[MN 1175. 10th Aug.] This severe and humiliating treaty was excuted +in its full rigour. William, being released, brought up all his +barons, prelates, and abbots; and they did homage to Henry in the +cathedral of York, and acknowledged him and his successors for their +superior lord [p]. The English monarch stretched still farther the +rigour of the conditions which he exacted. He engaged the king and +states of Scotland to make a perpetual cession of the fortresses of +Berwick and Roxburgh, and to allow the castle of Edinburgh to remain +in his hands for a limited time. This was the first great ascendancy +which England obtained over Scotland; and indeed the first important +transaction which had passed between the kingdoms. Few princes have +been so fortunate as to gain considerable advantages over their weaker +neighbours with less violence and injustice than was practised by +Henry against the King of Scots, whom he had taken prisoner in battle, +and who had wantonly engaged in a war, in which all the neighbours of +that prince, and even his own family, were, without provocation, +combined against him [q]. +[FN [o] M. Paris, p. 91. Chron. Dunst. p. 36. Hoveden, p. 545. M. +West. p. 251. Diceto, p. 584. Brompton, p. 1103. Rymer, vol. i. p. +39. Liber Niger Scaccarii, p. 36. [p] Bened. Abb. p. 113. [q] Some +Scotch historians pretend that William paid, besides, 100,000 pounds +of ransom, which is quite incredible. The ransom of Richard I., who, +besides England, possessed so many rich territories in France, was +only 150,000 marks, and yet was levied with great difficulty. Indeed, +two-thirds of it only could he paid before his deliverance.] + +[MN 1175. King’s equitable administration.] +Henry having thus, contrary to expectation, extricated himself with +honour from a situation in which his throne was exposed to great +danger, was employed for several years in the administration of +justice, in the execution of the laws, and in guarding against those +inconveniences, which either the past convulsions of his state, or the +political institutions of that age, unavoidably occasioned. The +provisions which he made show such largeness of thought as qualified +him for being a legislator; and they were commonly calculated as well +for the future as the present happiness of his kingdom. + +[MN 1176.] He enacted severe penalties against robbery, murder, false +coining, arson; and ordained that these crimes should be punished by +the amputation of the right hand and right foot [r]. The pecuniary +commutation for crimes which has a false appearance of lenity, had +been gradually disused, and seems to have been entirely abolished by +the rigour of these statutes. The superstitious trial by water +ordeal, though condemned by the church [s], still subsisted; but Henry +ordained, that any man accused of murder, or any heinous felony, by +the oath of the legal knights of the county, should, even though +acquitted by the ordeal, be obliged to abjure the realm [t]. +[FN [r] Bened. Abb. p. 132. Hoveden, p. 549. [s] Seld. Spicileg. ad +Eadm. p. 204. [t] Bened. Abb. p. 132.] + +All advances towards reason and good sense are slow and gradual. +Henry, though sensible of the great absurdity attending the trial by +duel or battle, did not venture to abolish it: he only admitted either +of the parties to challenge a trial by an assize or jury of twelve +freeholders [u]. This latter method of trial seems to have been very +ancient in England, and was fixed by the laws of King Alfred: but the +barbarous and violent genius of the age had of late given more credit +to the trial by battle, which had become the general method of +deciding all important controversies. It was never abolished by law +in England; and there is an instance of it so late as the reign of +Elizabeth; but the institution revived by this king, being found more +reasonable and more suitable to a civilized people, gradually +prevailed over it. +[FN [u] Glanv. lib. 2. cap. 7.] + +The partition of England into four divisions, and the appointment of +itinerant justices to go the circuit in each division, and to decide +the causes in the counties, was another important ordinance of this +prince, which had a direct tendency to curb the oppressive barons, and +to protect the inferior gentry and common people in their property +[w]. Those justices were either prelates or considerable noblemen; +who, besides carrying the authority of the king's commission, were +able, by the dignity of their own character, to give weight and credit +to the laws. +[FN [w] Hoveden, p. 590.] + +That there might be fewer obstacles to the execution of justice, the +king was vigilant in demolishing all the new-erected castles of the +nobility, in England as well as in his foreign dominions; and he +permitted no fortress to remain in the custody of those whom he found +reason to suspect [x]. +[FN [x] Benedict. Abbas, p. 202. Diceto, p. 585.] + +But lest the kingdom should be weakened by this demolition of the +fortresses, the king fixed an assize of arms, by which all his +subjects were obliged to put themselves in a situation for defending +themselves and the realm. Every man possessed of a knight's fee was +ordained to have for each fee a coat of mail, a helmet, a shield, and +a lance; every free layman, possessed of goods to the value of sixteen +marks, was to be armed in like manner; every one that possessed ten +marks was obliged to have an iron gorget, a cap of iron, and a lance; +all burgesses were to have a cap of iron, a lance, and a wambais; that +is, a coat quilted with wool, tow, or such like materials [y]. It +appears that archery, for which the English were afterwards so +renowned, had not, at this time, become very common among them. The +spear was the chief weapon employed in battle. +[FN [y] Bened. Abb. p. 305 Annal. Waverl. p. 161.] + +The clergy and the laity were, during that age, in a strange situation +with regard to each other, and such as may seem totally incompatible +with a civilized, and, indeed, with any species of government. If a +clergyman were guilty of murder, he could be punished by degradation +only: if he were murdered, the murderer was exposed to nothing but +excommunication and ecclesiastical censures; and the crime was atoned +for by penances and submission [z]. Hence the assassins of Thomas à +Becket himself, though guilty of the most atrocious wickedness, and +the most repugnant to the sentiments of that age, lived securely in +their own houses, without being called to account by Henry himself, +who was so much concerned, both in honour and interest, to punish that +crime, and who professed, or affected on all occasions, the most +extreme abhorrence of it. It was not till they found their presence +shunned by every one as excommunicated persons that they were induced +to take a journey to Rome, to throw themselves at the feet of the +pontiff, and to submit to the penances imposed upon them: after which +they continued to possess, without molestation, their honours and +fortunes, and seemed even to have recovered the countenance and good +opinion of the public. But as the king, by the constitutions of +Clarendon, which he endeavoured still to maintain [a], had subjected +the clergy to a trial by the civil magistrate, it seemed but just to +give them the protection of that power to which they owed obedience; +it was enacted, that the murderers of clergymen should be tried before +the justiciary, in the presence of the bishop or his official; and +besides the usual punishment for murder, should be subjected to a +forfeiture of their estates, and a confiscation of their goods and +chattels [b]. +[FN [z] Petri Blessen. epist. 73. apud Bibl. Patr. tom. xxiv. p. 992. +[a] Chron. Gervase, p. 1433. [b] Diceto, p. 592. Chron. Gervase, +1433.] + +The king passed an equitable law, that the goods of a vassal should +not be seized for the debt of his lord, unless the vassal be surety +for the debt; and that the rents of vassals should be paid to the +creditors of the lord, not to the lord himself. It is remarkable that +this law was enacted by the king in a council which he held at +Verneuil, and which consisted of some prelates and barons of England, +as well as some of Normandy, Poictou, Anjou, Maine, Touraine, and +Britany; and the statute took place in all these last-mentioned +territories [c], though totally unconnected with each other [d]; a +certain proof how irregular the ancient feudal government was, and how +near the sovereigns, in some instances, approached to despotism, +though in others they seemed scarcely to possess any authority. If a +prince, much dreaded and revered, like Henry, obtained but the +appearance of general consent to an ordinance which was equitable and +just, it became immediately an established law, and all his subjects +acquiesced in it. If the prince was hated or despised; if the nobles +who supported him had small influence; if the humours of the times +disposed the people to question the justice of his ordinance; the +fullest and most authentic assembly had no authority. Thus all was +confusion and disorder; no regular idea of a constitution; force and +violence decided every thing. +[FN [c] Bened. Abb. p. 248. It was usual for the kings of England, +after the conquest of Ireland, to summon barons and members of that +country to the English Parliament. Mollineux's case of Ireland, p. +64, 65, 66. [d] Spellman even doubts whether the law were not also +extended to England. If it were not, it could only be because Henry +did not choose it; for his authority was greater in that kingdom than +in his transmarine dominions.] + +The success which had attended Henry in his wars did not much +encourage his neighbours to form any attempt against him; and his +transactions with them during several years, contain little memorable. +Scotland remained in that state of feudal subjection to which he had +reduced it, and gave him no farther inquietude. He sent over his +fourth son, John, into Ireland, with a view of making a more complete +conquest of the island; but the petulance and incapacity of this +prince, by which he enraged the Irish chieftains, obliged the king +soon after to recall him [e]. The King of France had fallen into an +abject superstition; and was induced, by a devotion more sincere than +that of Henry, to make a pilgrimage to the tomb of Becket, in order to +obtain his intercession for the cure of Philip, his eldest son. He +probably thought himself well entitled to the favour of that saint on +account of their ancient intimacy; and hoped that Becket, whom he had +protected while on earth, would not now, when he was so highly exalted +in heaven, forgot his old friend and benefactor. The monks, sensible +that their saint's honour was concerned in the case, failed not to +publish that Lewis's prayers were answered, and that the young prince +was restored to health by Becket's intercession. That king himself +was soon after struck with an apoplexy, which deprived him of his +understanding: Philip, though a youth of fifteen, took on him the +administration, till his father's death, which happened soon after, +opened his way to the throne; and he proved the ablest and greatest +monarch that had governed that kingdom since the age of Charlemagne. +The superior years, however, and experience of Henry, while they +moderated his ambition, gave him such an ascendant over this prince, +that no dangerous rivalship, for a long time, arose between them. [MN +1180.] The English monarch, instead of taking advantage of his own +situation, rather employed his good offices in composing the quarrels +which arose in the royal family of France; and he was successful in +mediating a reconciliation between Philip and his mother and uncles. +These services were but ill requited by Philip, who, when he came to +man's estate, fomented all the domestic discords in the royal family +of England, and encouraged Henry's sons in their ungrateful and +undutiful behaviour towards him. +[FN [e] Bened. Abb. p. 437, &c.] + +Prince Henry, equally impatient of obtaining power, and incapable of +using it, renewed to the king the demand of his resigning Normandy; +and on meeting with a refusal, he fled with his consort to the court +of France: but not finding Philip at that time disposed to enter into +war for his sake, he accepted of his father's offers of +reconciliation, and made him submissions. It was a cruel circumstance +in the king's fortune, that he could hope for no tranquillity from the +criminal enterprises of his sons but by their mutual discord and +animosities, which disturbed his family, and threw his state into +convulsions. Richard, whom he had made master of Guienne, and who had +displayed his valour and military genius by suppressing the revolts of +his mutinous barons, refused to obey Henry's orders, in doing homage +to his elder brother for that duchy, and he defended himself against +young Henry and Geoffrey, who, uniting their arms, carried war into +his territories [f]. The king, with some difficulty, composed this +difference; but immediately found his eldest son engaged in +conspiracies, and ready to take arms against himself. While the young +prince was conducting these criminal intrigues, he was seized with a +fever at Martel, [MN 1183.] a castle near Turenne, to which he had +retired in discontent; and seeing the approaches of death, he was at +last struck with remorse for his undutiful behaviour towards his +father. He sent a message to the king, who was not far distant; +expressed his contrition for his faults; and entreated the favour of a +visit, that he might at least die with the satisfaction of having +obtained his forgiveness. Henry, who had so often experienced the +prince's ingratitude and violence, apprehended that his sickness was +entirely feigned, and he durst not intrust himself into his son's +hands: but when he soon after received intelligence of young Henry's +death, [MN 11th June. Death of young Henry.] and the proofs of his +sincere repentance, this good prince was affected with the deepest +sorrow; he thrice fainted away; he accused his own hard-heartedness in +refusing the dying request of his son; and he lamented that he had +deprived that prince of the last opportunity of making atonement for +his offences, and of pouring out his soul in the bosom of his +reconciled father [s]. This prince died in the twenty-eighth year of +his age. +[FN [f] Ypod. Neust. p. 451. Bened. Abb. p. 383. Diceto, p. 617. +[g] Bened. Abb. p. 393. Hoveden, p. 621. Trivet, vol. i. p. 84.] + +The behaviour of his surviving children did not tend to give the king +any consolation for the loss. As Prince Henry had left no posterity, +Richard was become heir to all his dominions; and the king intended +that John, his third surviving son and favourite, should inherit +Guienne as his appanage; but Richard refused his consent, fled into +that duchy, and even made preparations for carrying on war, as well +against his father as against his brother Geoffrey, who was now put in +possession of Britany. Henry sent for Eleanor his queen, the heiress +of Guienne, and required Richard to deliver up to her the dominion of +these territories; which the prince, either dreading an insurrection +of the Gascons in her favour, or retaining some sense of duty towards +her, readily performed; and he peaceably returned to his father's +court. No sooner was this quarrel accommodated, than Geoffrey, the +most vicious perhaps of all Henry's unhappy family, broke out into +violence; demanded Anjou to be annexed to his dominions of Britany; +and on meeting with a refusal, fled to the court of France, and levied +forces against his father [h]. [MN 1185.] Henry was freed from this +danger by his son's death, who was killed in a tournament at Paris +[i]. The widow of Geoffrey, soon after his decease, was delivered of +a son, who received the name of Arthur, and was invested in the duchy +of Britany, under the guardianship of his grandfather, who, as Duke of +Normandy, was also superior lord of that territory. Philip, as lord +paramount, disputed some time his title to this wardship; but was +obliged to yield to the inclinations of the Bretons, who preferred the +government of Henry. +[FN [h] Neubrig. p. 422. [i] Bened. Abb. p. 451 Chron. Gervase, p. +1480.] + +[MN Crusades.] +But the rivalship between these potent princes, and all their inferior +interests, seemed now to have given place to the general passion for +the relief of the Holy Land, and the expulsion of the Saracens. Those +infidels, though obliged to yield to the immense inundation of +Christians in the first crusade, had recovered courage after the +torrent was past; and attacking on all quarters the settlements of the +Europeans, had reduced these adventurers to great difficulties, and +obliged them to apply again for succours from the West. A second +crusade, under the Emperor Conrade and Lewis VII., King of France, in +which there perished above two hundred thousand men, brought them but +a temporary relief; and those princes, after losing such immense +armies, and seeing the flower of their nobility fall by their side, +returned with little honour into Europe. But these repeated +misfortunes, which drained the western world of its people and +treasure, were not yet sufficient to cure men of their passion for +those spiritual adventures; and a new incident rekindled with fresh +fury the zeal of the ecclesiastics and military adventurers among the +Latin Christians. Saladin, a prince of great generosity, bravery, and +conduct, having fixed himself on the throne of Egypt, began to extend +his conquests over the East; and finding the settlement of the +Christians in Palestine an invincible obstacle to the progress of his +arms, he bent the whole force of his policy and valour to subdue that +small and barren, but important territory. Taking advantage of +dissensions which prevailed among the champions of the cross, and +having secretly gained the Count of Tripoli, who commanded their +armies, he invaded the frontiers with a mighty power; and, aided by +the treachery of that count, gained over them at Tiberiade a complete +victory, which utterly annihilated the force of the already +languishing kingdom of Jerusalem. The holy city itself fell into his +hands, after a feeble resistance; the kingdom of Antioch was almost +entirely subdued; and except some maritime towns, nothing considerable +remained of those boasted conquests, which, near a century before, it +had cost the efforts of all Europe to acquire [k]. +[FN [k] M. Paris, p. 100.] + +[MN 1187.] The western Christians were astonished on receiving this +dismal intelligence. Pope Urban III, it is pretended, died of grief, +and his successor, Gregory VIII., employed the whole time of his short +pontificate in rousing to arms all the Christians who acknowledged his +authority. The general cry was, that they were unworthy of enjoying +any inheritance in heaven, who did not vindicate from the dominion of +the infidel the inheritance of God on earth, and deliver from slavery +that country which had been consecrated by the footsteps of their +Redeemer. [MN 1188. 21st Jan.] William, Archbishop of Tyre, having +procured a conference between Henry and Philip near Gisors, enforced +all these topics; gave a pathetic description of the miserable state +of the eastern Christians, and employed every argument to excite the +ruling passions of the age, superstition and jealousy of military +honour [l]. The two monarchs immediately took the cross; many of +their most considerable vassals imitated the example [m]; and as the +Emperor Frederick I. entered into the same confederacy, some +well-grounded hopes of success were entertained; and men flattered +themselves that an enterprise which had failed under the conduct of +many independent leaders, or of impruddent princes, might, at last, by +the efforts of such potent and able monarchs, be brought to a happy +issue. +[FN [l] Bened. Abb. p. 531. [m] Neubrig. p. 435. Heming, p. 512.] + +The kings of France and England imposed a tax, amounting to the tenth +of all moveable goods on such as remained at home [n]; but as they +exempted from this burden most of the regular clergy, the secular +aspired to the same immunity; pretended that their duty obliged them +to assist the crusade with their prayers alone; and it was with some +difficulty they were constrained to desist from an opposition, which +in them who had been the chief promoters of those pious enterprises, +appeared with the worst grace imaginable [o]. This backwardness of +the clergy is perhaps a symptom, that the enthusiastic ardour which +had at first seized the people for crusades, was now by time and ill +success considerably abated; and that the frenzy was chiefly supported +by the military genius and love of glory in the monarchs. +[FN [n] Bened. Abb. p. 498. [o] Petri Blessen. epist. 112.] + +But before this great machine could be put in motion, there were still +many obstacles to surmount. Philip, jealous of Henry's power, entered +into a private confederacy with young Richard; and, working on his +ambitious and impatient temper, persuaded him, instead of supporting +and aggrandizing that monarchy which he was one day to inherit, to +seek present power and independence by disturbing and dismembering it. +[MN 1189. Revolt of Prince Richard.] In order to give a pretence for +hostilities between the two kings, Richard broke into the territories +of Raymond, Count of Toulouse, who immediately carried complaints of +this violence before the King of France as his superior lord. Philip +remonstrated with Henry; but received for answer, that Richard had +confessed to the Archbishop of Dublin, that his enterprise against +Raymond had been undertaken by the approbation of Philip himself, and +was conducted by his authority. The King of France, who might have +been covered with shame and confusion by this detection, still +prosecuted his design, and invaded the provinces of Berri and +Auvergne, under colour of revenging the quarrel of the Count of +Toulouse [p]. Henry retaliated by making inroads upon the frontiers +of France, and burning Dreux. As this war, which destroyed all hopes +of success in the projected crusade, gave great scandal, the two kings +held a conference at the accustomed place between Gisors and Trie, in +order to find means of accommodating their differences: they separated +on worse terms than before; and Philip, to show his disgust, ordered a +great elm, under which the conferences had been usually held, to be +cut down [q]; as if he had renounced all desire of accommodation, and +was determined to carry the war to extremities against the King of +England. But his own vassals refused to serve under him in so +invidious a cause [r]; and he was obliged to come anew to a conference +with Henry, and to offer terms of peace. These terms were such as +entirely opened the eyes of the King of England, and fully convinced +him of the perfidy of his son, and his secret alliance with Philip, of +which he had before only entertained some suspicion. The King of +France required that Richard should be crowned King of England in the +lifetime of his father, should be invested in all his transmarine +dominions, and should immediately espouse Alice, Philip's sister, to +whom he had formerly been affianced, and who had already been +conducted into England [s]. Henry had experienced such fatal effects +both from the crowning of his eldest son, and from that prince's +alliance with the royal family of France, that he rejected these +terms; and Richard, in consequence of his secret agreement with +Philip, immediately revolted from him [t], did homage to the King of +France for all the dominions which Henry held of that crown, and +received the investitures as if he had already been the lawful +possessor. Several historians assert, that Henry himself had become +enamoured of young Alice and mention this as an additional reason for +his refusing these conditions: but he had so many other just and +equitable motives for his conduct, that it is superfluous to assign a +cause, which the great prudence and advanced age of that monarch +rendered somewhat improbable. +[FN [p] Bened. Abb. p. 508. [q] Bened. Abb. p. 517, 532. [r] Ibid. +p. 519. [s] Ibid. p. 521. Hoveden, p. 652. [t] Brompton, p. 114. +Neubrig. p. 437.] + +Cardinal Albano, the pope's legate, displeased with these increasing +obstacles to the crusade, excommunicated Richard, as the chief spring +of discord: but the sentence of excommunication, which, when it was +properly prepared, and was zealously supported by the clergy, had +often great influence in that age, proved entirely ineffectual in the +present case. The chief barons of Poictou, Guienne, Normandy, and +Anjou, being attached to the young prince, and finding that he had now +received the investiture from their superior lord, declared for him, +and made inroads into the territories of such as still adhered to the +king. Henry, disquieted by the daily revolts of his mutinous +subjects, and dreading still worse effects from their turbulent +disposition, had again recourse to papal authority; and engaged the +Cardinal Anagni, who had succeeded Albano in the legateship, to +threaten Philip with laying an interdict on all his dominions. But +Philip, who was a prince of great vigour and capacity, despised the +menace, and told Anagni, that it belonged not to the pope to interpose +in the temporal disputes of princes, much less in those between him +and his rebellious vassal. He even proceeded so far as to reproach +him with partiality, and with receiving bribes from the king of +England [u]; while Richard, still more outrageous, offered to draw his +sword against the legate, and was hindered by the interposition alone +of the company from committing violence upon him [w]. +[FN [u] M. Paris, p. 104. Bened. Abb. p. 542. Hoveden, p. 652. [w] +M. Paris, p. 104.] + +The King of England was now obliged to defend his dominions by arms, +and to engage in a war with France, and with his eldest son, a prince +of great valour, on such disadvantageous terms. Ferté-Barnard fell +first into the hands of the enemy: Mans was next taken by assault; and +Henry, who had thrown himself into that place, escaped with some +difficulty [x]: Amboise, Chaumont, and Chateau de Loire, opened their +gates on the appearance of Philip and Richard: Tours was menaced; and +the king, who had retired to Saumur, and had daily instances of the +cowardice or infidelity of his governors, expected the most dismal +issue to all his enterprises. While he was in this state of +despondency, the Duke of Burgundy, the Earl of Flanders, and the +Archbishop of Rheims, interposed with their good offices; and the +intelligence which he received of the taking of Tours, and which made +him fully sensible of the desperate situation of his affairs, so +subdued his spirit that he submitted to all the rigorous terms which +were imposed upon him. He agreed that Richard should marry the +Princess Alice; that that prince should receive the homage and oath of +fealty of all his subjects both in England and his transmarine +dominions; that he himself should pay twenty thousand marks to the +King of France as a compensation for the charges of the war; that his +own barons should engage to make him observe this treaty by force, and +in case of his violating it, should promise to join Philip and Richard +against him; and that all his vassals who had entered into confederacy +with Richard, should receive an indemnity for the offence [y]. +[FN [x] Ibid. p. 105. Bened. Abb. p. 543. Hoveden, p. 653. [y] M. +Paris, p. 106. Bened. Abb. p. 545. Hoveden, p. 653.] + +But the mortification which Henry, who had been accustomed to give the +law in most treaties, received from these disadvantageous terms, was +the least that he met with on this occasion. When he demanded a list +of those barons, to whom he was bound to grant a pardon for their +connexions with Richard, he was astonished to find at the head of them +the name of his second son John [z]; who had always been his +favourite, whose interests he had ever anxiously at heart, and who had +even, on account of his ascendant over him, often excited the jealousy +of Richard [a]. The unhappy father, already overloaded with cares and +sorrows, finding this last disappointment in his domestic tenderness, +broke out into expressions of the utmost despair, cursed the day in +which he received his miserable being, and bestowed on his ungrateful +and undutiful children a malediction which he never could be prevailed +on to retract [b]. The more his heart was disposed to friendship and +affection, the more he resented the barbarous return which his four +sons had successively made to his parental care; and this finishing +blow, by depriving him of every comfort in life, quite broke his +spirit and threw him into a lingering fever, of which he expired at +the Castle of Chinon, near Saumur. [MN 1189. 6th July. Death,] His +natural son Geoffrey, who alone had behaved dutifully towards him, +attended his corpse to the nunnery of Fontevrault; where it lay in +state in the abbey church. Next day Richard, who came to visit the +dead body of his father, and who, notwithstanding his criminal +conduct, was not wholly destitute of generosity, was struck with +horror and remorse at the sight; and as the attendants observed, that, +at that very instant, blood gushed from the mouth and nostrils of the +corpse [c], he exclaimed, agreeably to a vulgar superstition, that he +was his father's murderer; and he expressed a deep sense, though too +late, of that undutiful behaviour which had brought his parent to an +untimely grave [d]. +[FN [z] Hoveden. p. 654. [a] Bened. Abb. p. 541. [b] Hoveden, p. +654. [c] Bened. Abb. p. 547. Brompton, p. 1151. [d] M. Paris, p. +107.] + +[MN and character of Henry.] Thus died, in the fifty-eighth year of +his age, and thirty-fifth of his reign, the greatest prince of his +time, for wisdom, virtue, and abilities, and the most powerful in +extent of dominion of all those that had ever filled the throne of +England. His character, in private as well as in public life, is +almost without a blemish; and he seems to have possessed every +accomplishment, both of body and mind, which makes a man either +estimable or amiable. He was of a middle stature, strong and well +proportioned; his countenance was lively and engaging; his +conversation affable and entertaining; his elocution easy, persuasive, +and ever at command. He loved peace, but possessed both bravery and +conduct in war; was provident without timidity; severe in the +execution of justice without rigour; and temperate without austerity. +He preserved health, and kept himself from corpulency, to which he was +somewhat inclined, by an abstemious diet and by frequent exercise, +particularly hunting. When he could enjoy leisure, he recreated +himself either in learned conversation or in reading; and he +cultivated his natural talents by study, above any prince of his time. +His affections, as well as his enmities, were warm and durable; and +his long experience of the ingratitude and infidelity of men never +destroyed the natural sensibility of his temper, which disposed him to +friendship and society. His character has been transmitted to us by +several writers who were his contemporaries [e]; and it extremely +resembles, in its most remarkable features, that of his maternal +grandfather Henry I.: excepting only that ambition, which was a ruling +passion in both, found not in the first Henry such unexceptionable +means of exerting itself, and pushed that prince into measures which +were both criminal in themselves, and were the cause of farther +crimes, from which his grandson’s conduct was happily exempted. +[FN [e] Petri Bles. epist. 46, 47. in Bibliotheca Patrum, vol. xxiv. +p. 985, 986, &c. Girald. Camb. p. 783, &c.] + +[MN Miscellaneous transactions of this reign.] +This prince, like most of his predecessors of the Norman line, except +Stephen, passed more of his time on the continent than in this island: +he was surrounded with the English gentry and nobility, when abroad: +the French gentry and nobility attended him when he resided in +England: both nations acted in the government as if they were the same +people: and, on many occasions, the legislatures seem not to have been +distinguished. As the king and all the English barons were of French +extraction, the manners of that people acquired the ascendant, and +were regarded as the models of imitation. All foreign improvements, +therefore, such as they were, in literature and politeness, in laws +and arts, seem now to have been, in a good measure, transplanted into +England; and that kingdom was become little inferior, in all the +fashionable accomplishments, to any of its neighbours on the +continent. The more homely but more sensible manners and principles +of the Saxons were exchanged for the affectations of chivalry, and the +subtleties of school philosophy: the feudal ideas of civil government, +the Romish sentiments in religion, had taken entire possession of the +people: by the former, the sense of submission towards princes was +somewhat diminished in the barons; by the latter the devoted +attachment to papal authority was much augmented among the clergy. +The Norman and other foreign families established in England had now +struck deep root; and being entirely incorporated with the people, +whom at first they oppressed and despised, they no longer thought that +they needed protection of the crown for the enjoyment of their +possessions, or considered their tenure as precarious. They aspired +to the same liberty and independence which they saw enjoyed by their +brethren on the continent, and desired to restrain those exorbitant +prerogatives and arbitrary practices, which the necessities of war and +the violence of conquest had at first obliged them to indulge in their +monarch. That memory also of a more equal government under the Saxon +princes, which remained with the English, diffused still farther the +spirit of liberty, and made the barons both desirous of more +independence to themselves, and willing to indulge it to the people. +And it was not long ere this secret revolution in the sentiments of +men produced, first violent convulsions in the state, then an evident +alteration in the maxims of government. + +The history of all the preceding Kings of England since the Conquest +gives evident proofs of the disorders attending the feudal +institutions; the licentiousness of the barons, their spirit of +rebellion against the prince and laws, and of animosity against each +other: the conduct of the barons in the transmarine dominions of those +monarchs afforded perhaps still more flagrant instances of these +convulsions; and the history of France, during several ages, consists +almost entirely of narrations of this nature. The cities, during the +continuance of this violent government, could neither be very numerous +nor populous; and there occur instances which seem to evince, that +though these are always the first seat of law and liberty, their +police was in general loose and irregular, and exposed to the same +disorders with those by which the country was generally infested. It +was a custom in London for great numbers, to the amount of a hundred +or more, the sons and relations of considerable citizens, to form +themselves into a licentious confederacy, to break into rich houses +and plunder them, to rob and murder the passengers, and to commit with +impunity all sorts of disorder. By these crimes, it had become so +dangerous to walk the streets by night, that the citizens durst no +more venture abroad after sunset than if they had been exposed to the +incursions of a public enemy. The brother of the Earl of Ferrars had +been murdered by some of those nocturnal rioters; and the death of so +eminent a person, which was much more regarded than that of many +thousands of an inferior station, so provoked the king, that he swore +vengeance against the criminals and became thenceforth more rigorous +in the execution of the laws [f]. +[FN [f] Bened. Abb. p. 196.] + +There is another instance given by historians, which proves to what a +height such riots had proceeded, and how open these criminals were in +committing their robberies. A band of them had attacked the house of +a rich citizen, with an intention of plundering it; had broken through +a stone wall with hammers and wedges; and had already entered the +house sword in hand; when the citizen armed cap-a-pie, and supported +by his faithful servants, appeared in the passage to oppose them; he +cut off the right hand of the first robber that entered; and made such +stout resistance, that his neighbours had leisure to assemble, and +come to his relief. The man who lost his hand was taken; and was +tempted by the promise of pardon to reveal his confederates; among +whom was one John Senex, esteemed among the richest and best-born +citizens in London. He was convicted by the ordeal; and though he +offered five hundred marks for his life, the king refused the money, +and ordered him to be hanged [g]. It appears from a statute of Edward +I. that these disorders were not remedied even in that reign. It was +then made penal to go out at night after the hour of the curfew, to +carry a weapon, or to walk without a light or lantern [h]. It is said +in the preamble to this law, that, both by night and by day, there +were continual frays in the streets of London. +[FN [g] Ibid. p. 197, 198. [h] Observations on the ancient Statutes, +p. 216.] + +Henry's care in administering justice had gained him so great a +reputation, that even foreign and distant princes made him arbiter, +and submitted their differences to his judgment. Sanchez, King of +Navarre, having some controversies with Alphonso, King of Castile, was +contented, though Alphonso had married the daughter of Henry, to +choose this prince for a referee; and they agreed each of them to +consign three castles into neutral hands as a pledge of their not +departing from his award. Henry made the cause be examined before +his great council, and gave a sentence, which was submitted to by both +parties. These two Spanish kings sent each a stout champion to the +court of England, in order to defend his cause by arms, in case the +way of duel had been chosen by Henry [i]. +[FN [i] Rymer, vol. iv. p. 43. Bened. Abb. p. 172. Diceto, p. 597. +Brompton, p. 1120.] + +Henry so far abolished the barbarous and absurd practice of +confiscating ships which had been wrecked on the coast, that he +ordained, if one man or animal were alive in the ship, that the vessel +and goods should be restored to the owners [k]. +[FN [k] Rymer, vol. i. p. 36.] + +The reign of Henry was remarkable also for an innovation which was +afterwards carried farther by his successors, and was attended with +the most important consequences. This prince was disgusted with the +species of military force which was established by the feudal +institutions, and which, though it was extremely burdensome to the +subject, yet rendered very little service to the sovereign. The +barons, or military tenants, came late into the field; they were +obliged to serve only forty days; they were unskilful and disorderly +in all their operations; and they were apt to carry into the camp the +same refractory and independent spirit, to which they were accustomed +in their civil government. Henry, therefore, introduced the practice +of making a commutation of their military service for money; and he +levied scutages from his baronies and knights' fees, instead of +requiring the personal attendance of his vassals. There is mention +made, in the History of the Exchequer, of these scutages in his +second, fifth, and eighteenth year [l]; and other writers give us an +account of three more of them [m]. When the prince had thus obtained +money, he made a contract with some of those adventurers in which +Europe at that time abounded: they found him soldiers of the same +character with themselves, who were bound to serve for a stipulated +time: the armies were less numerous, but more useful, than when +composed of all the military vassals of the crown: the feudal +institutions began to relax: the kings became rapacious for money, on +which all their power depended: the barons, seeing no end of +exactions, sought to defend their property: and as the same causes had +nearly the same effects in the different countries of Europe, the +several crowns either lost or acquired authority, according to their +different success in the contest. +[FN [l] Madox, p. 435, 436, 437, 438. [m] Tyrrel, vol. ii. p. 466, +from the records.] + +This prince was also the first that levied a tax on the moveables or +personal estates of his subjects, nobles as well as commons. Their +zeal for the holy wars made them submit to this innovation; and a +precedent being once obtained, this taxation became, in following +reigns, the usual method of supplying the necessities of the crown. +The tax of Danegelt, so generally odious to the nation, was remitted +in this reign. + +It was a usual practice of the Kings of England to repeat the ceremony +of their coronation thrice every year, on assembling the states at the +three great festivals. Henry, after the first years of his reign, +never renewed this ceremony, which was found to be very expensive and +very useless. None of his successors revived it. It is considered as +a great act of grace in this prince, that he mitigated the rigour of +the forest laws, and punished any transgressions of them, not +capitally, but by fines, imprisonments, and other more moderate +penalties. + +Since we are here collecting some detached incidents which show the +genius of the age, and which could not so well enter into the body of +our history, it may not be improper to mention the quarrel between +Roger, Archbishop of York, and Richard, Archbishop of Canterbury. We +may judge of the violence of military men and laymen, when +ecclesiastics could proceed to such extremities. Cardinal Haguezun +being sent, in 1176, as legate into Britain, summoned an assembly of +the clergy at London; and as both the archbishops pretended to sit on +his right hand, this question of precedency begat a controversy +between them. The monks and retainers of Archbishop Richard fell upon +Roger, in the presence of the cardinal and of the synod, threw him to +the ground, trampled him under foot, and so bruised him with blows +that he was taken up half dead, and his life was with difficulty saved +from their violence. The Archbishop of Canterbury was obliged to pay +a large sum of money to the legate, in order to suppress all +complaints with regard to this enormity [n]. +[FN [n] Bened. Abb. p. 138, 139. Brompton, p. 1109. Chron Gerv. p. +1433. Neubrig. p. 413.] + +We are told by Giraldus Cambrensis, that the monks and prior of St. +Swithun threw themselves one day prostrate on the ground and in the +mire before Henry, complaining, with many tears and much doleful +lamentation, that the Bishop of Winchester, who was also their abbot, +had cut off three dishes from their table. How many has he left you? +said the king. Ten only, replied the disconsolate monks. I myself, +exclaimed the king, never have more than three; and I enjoin your +bishop to reduce you to the same number [o]. +[FN [o] Gir. Camb. cap. 5. in Anglia Sacra, vol. ii.] + +This king left only two legitimate sons, Richard who succeeded him, +and John who inherited no territory, though his father had often +intended to leave him a part of his extensive dominions. He was +thence commonly denominated LACKLAND. Henry left three legitimate +daughters: Maud, born in 1156, and married to Henry, Duke of Saxony; +Eleanor, born in 1162, and married to Alphonso, King of Castile; Joan, +born in 1165, and married to William, King of Sicily [p]. +[FN [p] Diceto, p. 616.] + +Henry is said by ancient historians to have been of a very amorous +disposition: they mention two of his natural sons by Rosamond, +daughter of Lord Clifford; namely, Richard Longespee, or Longsword, +(so called from the sword he usually wore,) who was afterwards married +to Ela, the daughter and heir of the Earl of Salisbury; and Geoffrey, +first Bishop of Lincoln, then Archbishop of York. All the other +circumstances of the story, commonly told of that lady, seem to be +fabulous. + + + + +CHAPTER X. + +RICHARD I. + +THE KING'S PREPARATIONS FOR THE CRUSADE.--SETS OUT ON THE CRUSADE.-- +TRANSACTIONS IN SICILY.--KING'S ARRIVAL IN PALESTINE.--STATE OF +PALESTINE.--DISORDERS IN ENGLAND.--THE KING'S HEROIC ACTIONS IN +PALESTINE.--HIS RETURN FROM PALESTINE.--CAPTIVITY IN GERMANY.--WAR +WITH FRANCE.--THE KING'S DELIVERY.--RETURN TO ENGLAND.--WAR WITH +FRANCE.--DEATH AND CHARACTER OF THE KING.--MISCELLANEOUS TRANSACTIONS +OF THIS REIGN. + + + +[MN 1189.] The compunction of Richard for his undutiful behaviour +towards his father was durable, and influenced him in the choice of +his ministers and servants after his accession. Those who had +seconded and favoured his rebellion, instead of meeting with that +trust and honour which they expected, were surprised to find that they +lay under disgrace with the new king, and were on all occasions hated +and despised by him. The faithful ministers of Henry, who had +vigorously opposed all the enterprises of his sons, were received with +open arms, and were continued in those offices which they had +honourably discharged to their former master [a]. This prudent +conduct might be the result of reflection; but in a prince like +Richard, so much guided by passion, and so little by policy, it was +commonly ascribed to a principle still more virtuous and more +honourable. +[FN [a] Hoveden, p. 655. Bened. Abb. p. 547. M. Paris, p. 107.] + +Richard, that he might make atonement to one parent for his breach of +duty to the other, immediately sent orders for releasing the queen- +dowager from the confinement in which she had long been detained; and +he intrusted her with the government of England till his arrival in +that kingdom. His bounty to his brother John was rather profuse and +imprudent. Besides bestowing on him the county of Mortaigne, in +Normandy, granting him a pension of four thousand marks a year, and +marrying him to Avisa, the daughter of the Earl of Gloucester, by whom +he inherited all the possessions of that opulent family, he increased +his appanage, which the late king had destined him, by other extensive +grants and concessions. He conferred on him the whole estate of +William Peverell, which had escheated to the crown: he put him in +possession of eight castles, with all the forests and honours annexed +to them: he delivered over to him no less than six earldoms, Cornwall, +Devon, Somerset, Nottingham, Dorset, Lancaster, and Derby. And +endeavouring by favours, to fix that vicious prince in his duty, he +put it too much in his power, whenever he pleased, to depart from it. + +[MN The king’s preparations for the crusade.] +The king, impelled more by the love of military glory than by +superstition, acted from the beginning of his reign, as if the sole +purpose of his government had been the relief of the Holy Land, and +the recovery of Jerusalem from the Saracens. This zeal against +infidels, being communicated to his subjects, broke out in London on +the day of his coronation, and made them find a crusade less +dangerous, and attended with more immediate profit. The prejudices of +the age had made the lending of money on interest pass by the +invidious name of usury; yet the necessity of the practice had still +continued it, and the greater part of that kind of dealing fell +everywhere into the hands of the Jews; who being already infamous on +account of their religion, had no honour to lose, and were apt to +exercise a profession, odious in itself, by every kind of rigour, and +even sometimes by rapine and extortion. The industry and frugality of +this people had put them in possession of all the ready money, which +the idleness and profusion, common to the English with other European +nations, enabled them to lend at exorbitant and unequal interest. The +monkish writers represent it as a great stain on the wise and +equitable government of Henry, that he had carefully protected this +infidel race from all injures and insults; but the zeal of Richard +afforded the populace a pretence for venting their animosity against +them. The king had issued an edict prohibiting their appearance at +his coronation; but some of them, bringing him large presents from +their nation, presumed, in confidence of that merit, to approach the +hall in which he dined: being discovered, they were exposed to the +insults of the bystanders; they took to flight; the people pursued +them; the rumour was spread that the king had issued orders to +massacre all the Jews; a command so agreeable was executed in an +instant on such as fell into the hands of the populace; those who had +kept at home were exposed to equal danger; the people, moved by +rapacity and zeal, broke into their houses, which they plundered, +after having murdered the owners; where the Jews barricaded their +doors, and defended themselves with vigour, the rabble set fire to the +houses, and made way through the flames to exercise their pillage and +violence; the usual licentiousness of London, which the sovereign +power with difficulty restrained, broke out with fury, and continued +these outrages; the houses of the richest citizens, though Christians, +were next attacked and plundered; and weariness and satiety at last +put an end to the disorder: yet, when the king empowered Glanville, +the justiciary, to inquire into the authors of these crimes, the guilt +was found to involve so many of the most considerable citizens, that +it was deemed more prudent to drop the prosecution; and very few +suffered the punishment due to this enormity. But the disorder +stopped not at London. The inhabitants of the other cities of +England, hearing of this slaughter of the Jews, imitated the example: +in York, five hundred of that nation, who had retired into the castle +for safety, and found themselves unable to defend the place, murdered +their own wives and children, threw the dead bodies over the walls +upon the populace, and then setting fire to the houses perished in the +flames. The gentry of the neighbourhood, who were all indebted to the +Jews, ran to the cathedral, where their bonds were kept, and made a +solemn bonfire of the papers before the altar. The compiler of the +Annals of Waverley, in relating these events, blesses the Almighty for +thus delivering over this impious race to destruction [b]. +[FN [b] Gale's Collect. vol. iii. p. 165.] + +The ancient situation of England, when the people possessed little +riches and the public no credit, made it impossible for sovereigns to +bear the expense of a steady or durable war, even on their frontiers; +much less could they find regular means for the support of distant +expeditions like those into Palestine, which were more the result of +popular frenzy than of sober reason or deliberate policy. Richard, +therefore, knew that he must carry with him all the treasure necessary +for his enterprise, and that both the remoteness of his own country +and its poverty made it unable to furnish him with those continued +supplies, which the exigencies of so perilous a war must necessarily +require. His father had left him a treasure of above a hundred +thousand marks; and the king, negligent of every consideration but his +present object, endeavoured to augment this sum by all expedients, how +pernicious soever to the public, or dangerous to royal authority. He +put to sale the revenues and manors of the crown; the offices of +greatest trust and power, even those of forester and sheriff, which +anciently were so important [c], became venal; the dignity of chief +justiciary, in whose hands was lodged the whole execution of the laws, +was sold to Hugh de Puzas, Bishop of Durham, for a thousand marks; the +same prelate bought the earldom of Northumberland for life [d]; many +of the champions of the cross, who had repented of the vow, purchased +the liberty of violating it; and Richard, who stood less in need of +men than of money, dispensed, on these conditions, with their +attendance. Elated with the hopes of fame, which, in that age, +attended no wars but those against the infidels, he was blind to every +other consideration; and when some of his wiser ministers objected to +this dissipation of the revenue and power of the crown, he replied +that he would sell London itself, could he find a purchaser [e]. +Nothing, indeed, could be a stronger proof how negligent he was of all +future interests in comparison of the crusade, than his selling, for +so small a sum as ten thousand marks, the vassalage of Scotland, +together with the fortresses of Roxburgh and Berwick, the greatest +acquisition that had been made by his father during the course of his +victorious reign; and his accepting the homage of William in the usual +terms, merely for the territories which that prince held in England +[f]. The English of all ranks and stations were oppressed by numerous +exactions; menaces were employed, both against the innocent and the +guilty, in order to extort money from them; and where a pretence was +wanting against the rich, the king obliged them, by the fear of his +displeasure, to lend him sums which, he knew, it would never be in his +power to repay. +[FN [c] The sheriff had anciently both the administration of justice +and the management of the king's revenue committed to him in the +county. See HALE, OF SHERIFF’S ACCOUNTS. [d] M. Paris, p. 109. [e] +W. Heming. p. 519. Knyghton, p. 2402. [f] Hoveden, p. 662. Rymer, +vol. i. p. 64. M. West. p. 257.] + +But Richard, though he sacrificed every interest and consideration to +the success of this pious enterprise, carried so little the appearance +of sanctity in his conduct, that Fulk, curate of Neuilly, a zealous +preacher of the crusade, who, from that merit, had acquired the +privilege of speaking the boldest truths, advised him to rid himself +of his notorious vices, particularly his pride, avarice, and +voluptuousness, which he called the king's three favourite daughters. +YOU COUNSEL WELL, replied Richard, and I HEREBY DISPOSE OF THE FIRST +TO THE TEMPLARS, OF THE SECOND TO THE BENEDICTINES, AND OF THE THIRD +TO MY PRELATES. + +Richard, jealous of attempts which might be made on England during his +absence, laid Prince John, as well as his natural brother, Geoffrey, +Archbishop of York, under engagements, confirmed by their oaths, that +neither of them should enter the kingdom till his return; though he +thought proper, before his departure, to withdraw this prohibition. +The administration was left in the hands of Hugh, Bishop of Durham, +and of Longchamp, Bishop of Ely, whom he appointed justiciaries and +guardians of the realm. The latter was a Frenchman, of mean birth, +and of a violent character; who, by art and address, had insinuated +himself into favour, whom Richard had created chancellor, and whom he +had engaged the pope also to invest with the legatine authority, that, +by centering every kind of power in his person, he might the better +ensure the public tranquillity. All the military and turbulent +spirits flocked about the person of the king, and were impatient to +distinguish themselves against the infidels in Asia; whither his +inclinations, his engagements, led him, and whither he was impelled by +messages from the King of France, ready to embark in this enterprise. + +The Emperor Frederic, a prince of great spirit and conduct, had +already taken the road to Palestine, at the head of one hundred and +fifty thousand men, collected from Germany and all the northern +states. Having surmounted every obstacle thrown in his way by the +artifices of the Greeks and the power of the infidels, he had +penetrated to the borders of Syria; when, bathing in the cold river +Cydnus during the greatest heat of the summer season, he was seized +with a mortal distemper, which put an end to his life and his rash +enterprise [g]. His army, under the command of his son, Conrade, +reached Palestine; but was so diminished by fatigue, famine, maladies, +and the sword, that it scarcely amounted to eight thousand men; and +was unable to make any progress against the great power, valour, and +conduct of Saladin. These reiterated calamities attending the +crusades had taught the Kings of France and England the necessity of +trying another road to the Holy Land; and they determined to conduct +their armies thither by sea, to carry provisions along with them, and, +by means of their naval power, to maintain an open communication with +their own states, and with the western parts of Europe. The place of +rendezvous was appointed in the plains of Vezelay, on the borders of +Burgundy [h]: [MN 1190. 29th June.] Philip and Richard, on their +arrival there, found their combined army amount to one hundred +thousand men [i]; a mighty force, animated with glory and religion, +conducted by two warlike monarchs, provided with every thing which +their several dominions could supply, and not to be overcome but by +their own misconduct, or by the unsurmountable obstacles of nature. +[FN [g] Bened. Abb. p. 556. [h] Hoveden, p. 660. [i] Vinisauf, p. +305.] + +[MN King sets out on the crusade.] +The French prince and the English here reiterated their promises of +cordial friendship, pledged their faith not to invade each other's +dominions during the crusade, mutually exchanged the oaths of all +their barons and prelates to the same effect, and subjected themselves +to the penalty of interdicts and excommunications, if they should ever +violate this public and solemn engagement. They then separated; +Philip took the road to Genoa, Richard that to Marseilles, with a view +of meeting their fleets, which were severally appointed to rendezvous +in these harbours. [MN 14th Sept.] They put to sea; and, nearly +about the same time, were obliged, by stress of weather, to take +shelter in Messina, where they were detained during the whole winter. +This incident laid the foundation of animosities which proved fatal to +their enterprise. + +Richard and Philip were, by the situation and extent of their +dominions, rivals in power; by their age and inclinations, competitors +for glory; and these causes of emulation which, had the princes been +employed in the field against the common enemy, might have stimulated +them to martial enterprises, soon excited, during the present leisure +and repose, quarrels between monarchs of such a fiery character. +Equally haughty, ambitious, intrepid, and inflexible, they were +irritated with the least appearance of injury, and were incapable, by +mutual condescensions, to efface those causes of complaint, which +unavoidably arose between them. Richard, candid, sincere, +undesigning, impolitic, violent, laid himself open, on every occasion, +to the designs of his antagonist; who, provident, interested, +intriguing, failed not to take all advantages against him: and thus, +both the circumstances of their disposition in which they were +similar, and those in which they differed, rendered it impossible for +them to persevere in that harmony which was so necessary to the +success of their undertaking. + +[MN Transactions in Sicily.] +The last King of Sicily and Naples was William II., who had married +Joan, sister to Richard, and who, dying without issue, had bequeathed +his dominions to his paternal aunt, Constantia, the only legitimate +descendant surviving of Roger, the first sovereign of those states who +had been honoured with the royal title. This princess had, in +expectation of that rich inheritance, been married to Henry VI., the +reigning emperor [k]; but Tancred, her natural brother, had fixed such +an interest among the barons, that, taking advantage of Henry's +absence, he had acquired possession of the throne, and maintained his +claim, by force of arms, against all the efforts of the Germans [l]. +The approach of the crusaders naturally gave him apprehensions for his +unstable government; and he was uncertain, whether he had most reason +to dread the presence of the French or of the English monarch. Philip +was engaged in a strict alliance with the emperor his competitor; +Richard was disgusted by his rigours towards the queen-dowager, whom +the Sicilian prince had confined in Palermo, because she had opposed +with all her interest his succession to the crown. Tancred, +therefore, sensible of the present necessity, resolved to pay court to +both these formidable princes; and he was not unsuccessful in his +endeavours. He persuaded Philip that it was highly improper for him +to interrupt his enterprise against the infidels, by any attempt +against a Christian state: he restored Queen Joan to her liberty; and +even found means to make an alliance with Richard, who stipulated by +treaty to marry his nephew, Arthur, the young Duke of Britany, to one +of the daughters of Tancred [m]. But before these terms of friendship +were settled, Richard, jealous both of Tancred and of the inhabitants +of Messina, had taken up his quarters in the suburbs, and had +possessed himself of a small fort, which commanded the harbour; and he +kept himself extremely on his guard against their enterprises. [MN 3d +Oct.] The citizens took umbrage. Mutual insults and attacks passed +between them and the English: Philip, who had quartered his troops in +the town, endeavoured to accommodate the quarrel, and held a +conference with Richard for that purpose. While the two kings, +meeting in the open fields, were engaged in discourse on this subject, +a body of those Sicilians seemed to be drawing towards them; and +Richard pushed forwards, in order to inquire into the reason of this +extraordinary movement [n]. The English, insolent from their power, +and inflamed with former animosities, wanted but a pretence for +attacking the Messinese: they soon chased them off the field, drove +them into the town, and entered with them at the gates. The king +employed his authority to restrain them from pillaging and massacring +the defenceless inhabitants; but he gave orders, in token of his +victory, that the standard of England should be erected on the walls. +Philip, who considered that place as his quarters, exclaimed against +the insult, and ordered some of his troops to pull down the standard: +but Richard informed him by a messenger, that, though he himself would +willingly remove that ground of offence, he would not permit it to be +done by others; and if the French king attempted such an insult upon +him, he should not succeed but by the utmost effusion of blood. +Philip, content with this species of haughty submission, recalled his +orders [o]; the difference was seemingly accommodated; but still left +the remains of rancour and jealousy in the breasts of the two +monarchs. +[FN [k] Bened. Abb. p. 580. [1] Hoveden, p. 663. [m] Hoveden, p. +676, 677. Bened Abb. p. 615. [n] Bened. Abb. p. 608. [o] Hoveden, +p. 674.] + +Tancred, who, for his own security, desired to inflame their mutual +hatred, employed an artifice which might have been attended with +consequences still more fatal. [MN 1191.] He showed Richard a +letter, signed by the French king, and delivered to him, as he +pretended, by the Duke of Burgundy; in which that monarch desired +Tancred to fall upon the quarters of the English, and promised to +assist him in putting them to the sword, as common enemies. The +unwary Richard gave credit to the information; but was too candid not +to betray his discontent to Philip, who absolutely denied the letter, +and charged the Sicilian prince with forgery and falsehood. Richard +either was, or pretended to be, entirely satisfied [p]. +[FN [p] Ibid. p. 688. Bened. Abb. p. 642, 643. Brompton, p. 1195.] + +Lest these jealousies and complaints should multiply between them, it +was proposed, that they should, by a solemn treaty, obviate all future +differences, and adjust every point that could possibly hereafter +become a controversy between them. But this expedient started a new +dispute, which might have proved more dangerous than any of the +foregoing, and which deeply concerned the honour of Philip's family. +When Richard, in every treaty with the late king, insisted so +strenuously on being allowed to marry Alice of France, he had only +sought a pretence for quarrelling; and never meant to take to his bed +a princess suspected of a criminal amour with his own father. After +he became master, he no longer spake of that alliance: he even took +measures for espousing Berengaria, daughter of Sanchez, King of +Navarre, with whom he had become enamoured during his abode in Guienne +[q]; Queen Eleanor was daily expected with that princess at Messina +[r] and when Philip renewed to him his applications for espousing his +sister Alice, Richard was obliged to give him an absolute refusal. It +is pretended by Hoveden and other historians [s], that he was able to +produce such convincing proofs of Alice's infidelity, and even of her +having borne a child to Henry, that her brother desisted from his +applications, and chose to wrap up the dishonour of his family in +silence and oblivion. It is certain, from the treaty itself, which +remains [t], that whatever were his motives, he permitted Richard to +give his hand to Berengaria; and having settled all other +controversies with that prince, he immediately set sail for the Holy +Land. Richard awaited some time the arrival of his mother and bride; +and when they joined him, he separated his fleet into two squadrons, +and set forward on his enterprise. Queen Eleanor returned to England, +but Berengaria and the queen-dowager of Sicily, his sister, attended +him on the expedition [u]. +[FN [q] Vinisauf, p. 316. [r] M. Paris, p. 112. Trivet, p. 102. W. +Heming, p. 519. [s] Hoveden, p. 688. [t] Rymer, vol. i. p. 69. +Chron. de Dunst, p. 44. [u] Bened. Abb. p. 644.] + +The English fleet, on leaving the port of Messina, met with a furious +tempest, and the squadron on which the two princesses were embarked +was driven on the coast of Cyprus, and some of the vessels were +wrecked near Limisso in that island. [MN 12th April.] Isaac, Prince +of Cyprus, who assumed the magnificent title of Emperor, pillaged the +ships that were stranded, threw the seamen and passengers into prison, +and even refused to the princesses liberty, in their dangerous +situation, of entering the harbour of Limisso. But Richard, who +arrived soon after, took ample vengeance on him for the injury. He +disembarked his troops; defeated the tyrant, who opposed his landing; +entered Limisso by storm; gained next day a second victory; obliged +Isaac to surrender at discretion; and established governors over the +island. The Greek prince, being thrown into prison and loaded with +irons, complained of the little regard with which he was treated: upon +which, Richard ordered silver fetters to be made for him; and this +emperor, pleased with the distinction, expressed a sense of the +generosity of his conqueror [w]. [MN 1191. 12th May.] The king here +espoused Berengaria, who, immediately embarking, carried along with +her to Palestine the daughter of the Cypriot prince; a dangerous +rival, who was believed to have seduced the affections of her husband. +Such were the libertine character and conduct of the heroes engaged in +this pious enterprise! +[FN [w] Bened. Abb. p. 650. Ann. Waverl. p. 164. Vinisauf, p. 328. +W. Heming. p. 523.] + +[MN The king’s arrival in Palestine.] +The English army arrived in time to partake in the glory of the siege +of Acre or Ptolemais, which had been attacked for above two years by +the united forces of all the Christians in Palestine, and had been +defended by the utmost efforts of Saladin and the Saracens. The +remains of the German army, conducted by the Emperor Frederic, and the +separate bodies of adventurers who continually poured in from the +West, had enabled the King of Jerusalem to form this important +enterprise [x]: but Saladin, having thrown a strong garrison into the +place under the command of Caracos, his own master in the art of war, +and molesting the besiegers with continual attacks and sallies, had +protracted the success of the enterprise, and wasted the force of his +enemies. The arrival of Philip and Richard inspired new life into the +Christians; and these princes, acting by concert, and sharing the +honour and danger of every action, gave hopes of a final victory over +the infidels. They agreed on this plan of operations: when the French +monarch attacked the town, the English guarded the trenches: next day, +when the English prince conducted the assault, the French succeeded +him in providing for the safety of the assailants. The emulation +between those rival kings and rival nations produced extraordinary +acts of valour: Richard in particular, animated with a more +precipitate courage than Philip, and more agreeable to the romantic +spirit of that age, drew to himself the general attention, and +acquired a great and splendid reputation. But this harmony was of +short duration; and occasions of discord soon arose between these +jealous and haughty princes. +[FN [x] Vinisauf, p. 269, 271, 279.] + +[MN 1191. State of Palestine.] +The family of Bouillon, which had first been placed on the throne of +Jerusalem, ending in a female, Fulk, Count of Anjou, grandfather to +Henry II. of England, married the heiress of that kingdom, and +transmitted his title to the younger branches of his family. The +Anjevin race ending also in a female, Guy de Lusignan, by espousing +Sibylla, the heiress, had succeeded to the title; and though he lost +his kingdom by the invasion of Saladin, he was still acknowledged by +all the Christians for king of Jerusalem [y]. But as Sibylla died +without issue, during the siege of Acre, Isabella, her younger sister, +put in her claim to that titular kingdom, and required Lusignan to +resign his pretensions to her husband, Conrade, Marquis of Montferrat. +Lusignan maintaining that the royal title was unalienable and +indefeasible, had recourse to the protection of Richard, attended on +him before he left Cyprus, and engaged him to embrace his cause [z]. +There needed no other reason for throwing Philip into the party of +Conrade; and the opposite views of these great monarchs brought +faction and dissension into the Christian army, and retarded all its +operations. The Templars, the Genoese, and the Germans declared for +Philip and Conrade; the Flemings, the Pisans, the Knights of the +Hospital of St. John, adhered to Richard and Lusignan. But +notwithstanding these disputes, as the length of the siege had reduced +the Saracen garrison to the last extremity, [MN 12th July.] they +surrendered themselves prisoners; stipulated, in return for their +lives, other advantages to the Christians, such as the restoring of +the Christian prisoners, and the delivery of the wood of the true +cross [a]; and this great enterprise, which had long engaged the +attention of all Europe and Asia, was, at last, after the loss of +three hundred thousand men, brought to a happy period. +[FN [y] Vinisauf, p. 281. [z] Trivet, p. 134. Vinisauf, p. 342. W. +Heming. p. 524. [a] This true cross was lost in the battle of +Tiberiade, to which it had been carried by the crusaders for their +protection. Rigord, an author of that age, says, that after this +dismal event, all the children who were born throughout all +Christendom had only twenty or twenty-two teeth, instead of thirty or +thirty-two, which was their former complement, p. 14.] + +But Philip, instead of pursuing the hopes of farther conquest, and of +redeeming the holy city from slavery, being disgusted with the +ascendant assumed and acquired by Richard, and having views of many +advantages, which he might reap by his presence in Europe, declared +his resolution of returning to France; and he pleaded his bad state of +health as an excuse for his desertion of the common cause. He left, +however, to Richard ten thousand of his troops, under the command of +the Duke of Burgundy; and he renewed his oath never to commence +hostilities against that prince’s dominions during his absence. But +he had no sooner reached Italy than he applied, it is pretended, to +Pope Celestine III. for a dispensation from his vow; and when denied +that request, he still proceeded, though after a covert manner, in a +project, which the present situation of England rendered inviting, and +which gratified, in an eminent degree, both his resentment and his +ambition. + +[MN Disorders in England.] +Immediately after Richard had left England, and begun his march to the +Holy Land, the two prelates, whom he had appointed guardians of the +realm, broke out into animosities against each other, and threw the +kingdom into combustion. Longchamp, presumptuous in his nature, +elated by the favour which he enjoyed with his master, and armed with +the legatine commission, could not submit to an equality with the +Bishop of Durham: he even went so far as to arrest his colleague, and +to extort from him a resignation of the earldom of Northumberland, and +of his other dignities, as the price of his liberty [b]. The king, +informed of these dissensions, ordered, by letters from Marseilles, +that the bishop should be reinstated in his offices; but Longchamp had +still the boldness to refuse compliance, on pretence that he himself +was better acquainted with the king’s secret intentions [c]. He +proceeded to govern the kingdom by his sole authority; to treat all +the nobility with arrogance; and to display his power and riches with +an invidious ostentation. He never travelled without a strong guard +of fifteen hundred foreign soldiers, collected from that licentious +tribe with which the age was generally infested: nobles and knights +were proud of being admitted into his train: his retinue wore the +aspect of royal magnificence: and when, in his progress through the +kingdom, he lodged in any monastery, his attendants, it is said, were +sufficient to devour, in one night, the revenue of several years [d]. +The king, who was detained in Europe longer than the haughty prelate +expected, hearing of this ostentation, which exceeded even what the +habits of that age indulged in ecclesiastics; being also informed of +the insolent, tyrannical conduct of his minister, thought proper to +restrain his power: he sent new orders, appointing Walter Archbishop +of Rouen, William Mareschal Earl of Strigul, Geoffrey Fitz-Peter, +William Briewere, and Hugh Bardolf, counsellors to Longchamp, and +commanding him to take no measure of importance without their +concurrence and approbation. But such general terror had this man +impressed by his violent conduct, that even the Archbishop of Rouen +and the Earl of Strigul durst not produce this mandate of the king's; +and Longchamp still maintained an uncontrolled authority over the +nation. But when he proceeded so far as to throw into prison +Geoffrey, Archbishop of York, who had opposed his measures, this +breach of ecclesiastical privileges excited such an universal ferment, +that Prince John, disgusted with the small share he possessed in the +government, and personally disobliged by Longchamp, ventured to +summon, at Reading, a general council of the nobility and prelates, +and cite him to appear before them. Longchamp thought it dangerous to +intrust his person in their hands, and he shut himself up in the Tower +of London; but being soon obliged to surrender that fortress, he fled +beyond sea, concealed under a female habit, and was deprived of his +offices of chancellor and chief justiciary; the last of which was +conferred on the Archbishop of Rouen, a prelate of prudence and +moderation. The commission of legate, however, which had been renewed +to Longchamp by Pope Celestine, still gave him, notwithstanding his +absence, great authority in the kingdom, enabled him to disturb the +government, and forwarded the views of Philip, who watched every +opportunity of annoying Richard's dominions. [MN 1192.] That monarch +first attempted to carry open war into Normandy; but as the French +nobility refused to follow him in an invasion of a state which they +had sworn to protect, and as the pope, who was the general guardian of +all princes that had taken the cross, threatened him with +ecclesiastical censures, he desisted from his enterprise, and employed +against England the expedient of secret policy and intrigue. He +debauched Prince John from his allegiance; promised him his sister +Alice in marriage; offered to give him possession of all Richard's +transmarine dominions; and had not the authority of Queen Eleanor, and +the menaces of the English council, prevailed over the inclinations of +that turbulent prince, he was ready to have crossed the seas, and to +have put in execution his criminal enterprises. +[FN [b] Hoveden, p. 665. Knyghton, p. 2403. [c] W. Heming. p. 528. +[d] Hoveden, p. 680. Bened. Abb. p. 626, 700. Brompton, p. 1193.] + +[MN The king’s heroic actions in Palestine.] +The jealousy of Philip was every moment excited by the glory which the +great actions of Richard were gaining him in the East, and which, +being compared to his own desertion of that popular cause, threw a +double lustre on his rival. His envy, therefore, prompted him to +obscure that fame which he had not equalled; and he embraced every +pretence of throwing the most violent and most improbable calumnies on +the King of England. There was a petty prince in Asia, commonly +called THE OLD MAN OF THE MOUNTAIN, who had acquired such an ascendant +over his fanatical subjects, that they paid the most implicit +deference to his commands; esteemed assassination meritorious when +sanctified by his mandate; courted danger, and even certain death, in +the execution of his orders; and fancied, that when they sacrificed +their lives for his sake, the highest joys of paradise were the +infallible reward of their devoted obedience [e]. It was the custom +of this prince, when he imagined himself injured, to despatch secretly +some of his subjects against the aggressor, to charge them with the +execution of his revenge, to instruct them in every art of disguising +their purpose; and no precaution was sufficient to guard any man, +however powerful, against the attempts of these subtle and determined +ruffians. The greatest monarchs stood in awe of this Prince of the +Assassins, (for that was the name of his people; whence the word has +passed into most European languages,) and it was the highest +indiscretion in Conrade, Marquis of Montferrat, to offend and affront +him. The inhabitants of Tyre, who were governed by that nobleman, had +put to death some of this dangerous people: the prince demanded +satisfaction; for, as he piqued himself on never beginning any offence +[f], he had his regular and established formalities in requiring +atonement: Conrade treated his messengers with disdain: the prince +issued the fatal order: two of his subjects, who had insinuated +themselves in disguise among Conrade's guards, openly, in the streets +of Sidon, wounded him mortally; and when they were seized and put to +the most cruel tortures, they triumphed amidst their agonies, and +rejoiced that they had been destined by heaven to suffer in so just +and meritorious a cause. +[FN [e] W. Heming. p. 532. Brompton, p. 1243. [f] Rymer, vol. i. p. +71.] + +Every one in Palestine knew from what hand the blow came. Richard was +entirely free from suspicion. Though that monarch had formerly +maintained the cause of Lusignan against Conrade, he had become +sensible of the bad effects attending those dissensions, and had +voluntarily conferred on the former the kingdom of Cyprus, on +condition that he should resign to his rival all pretensions to the +crown of Jerusalem [g]. Conrade himself, with his dying breath, had +recommended his widow to the protection of Richard [h]; the Prince of +the Assassins avowed the action in a formal narrative which he sent to +Europe [i]; yet, on this foundation, the King of France thought fit to +build the most egregious calumnies, and to impute to Richard the +murder of the Marquis of Montferrat, whose elevation he had once +openly opposed. He filled all Europe with exclamations against the +crime; appointed a guard for his own person, in order to defend +himself against a like attempt [k]; and endeavoured, by these shallow +artifices, to cover the infamy of attacking the dominions of a prince +whom he himself had deserted, and who was engaged with so much glory +in a war, universally acknowledged to be the common cause of +Christendom. +[FN [g] Vinisauf, p. 391. [h] Brompton, p. 1243. [i] Rymer, vol. i. +p. 71. Trivet, p. 124. W. Heming. p. 544. Diceto, p. 680. [k] W +Heming. p. 532. Brompton, p. 1245.] + +But Richard's heroic actions in Palestine were the best apology for +his conduct. The Christian adventurers under his command determined, +on opening the campaign, to attempt the siege of Ascalon, in order to +prepare the way for that of Jerusalem; and they marched along the sea- +coast with that intention. Saladin purposed to intercept their +passage; and he placed himself on the road with an army, amounting to +three hundred thousand combatants. On this occasion was fought one of +the greatest battles of that age; and the most celebrated, for the +military genius of the commanders, for the number and valour of the +troops, and for the great variety of events which attended it. Both +the right wing of the Christians, commanded by d'Avesnes, and the +left, conducted by the Duke of Burgundy, were, in the beginning of the +day, broken and defeated; when Richard, who led on the main body, +restored the battle; attacked the enemy with intrepidity and presence +of mind; performed the part both of a consummate general and gallant +soldier; and not only gave his two wings leisure to recover from their +confusion, but obtained a complete victory over the Saracens, of whom +forty thousand are said to have perished in the field [l]. Ascalon +soon after fell into the hands of the Christians: other sieges were +carried on with equal success: Richard was even able to advance within +sight of Jerusalem, the object of his enterprise, when he had the +mortification to find that he must abandon all hopes of immediate +success, and must put a stop to his career of victory. The crusaders, +animated with an enthusiastic ardour for the holy wars, broke at first +through all regards to safety or interest in the prosecution of their +purpose; and trusting to the immediate assistance of Heaven, set +nothing before their eyes but fame and victory in this world, and a +crown of glory in the next. But long absence from home, fatigue, +disease, want, and the variety of incidents which naturally attend +war, had gradually abated that fury, which nothing was able directly +to withstand; and every one, except the King of England, expressed a +desire of speedily returning into Europe. The Germans and the +Italians declared their resolution of desisting from the enterprise: +the French were still more obstinate in this purpose: the Duke of +Burgundy, in order to pay court to Philip, took all opportunities of +mortifying and opposing Richard [m]: and there appeared an absolute +necessity of abandoning for the present all hopes of farther conquest, +and of securing the acquisitions of the Christians by an accommodation +with Saladin. Richard, therefore, concluded a truce with that +monarch; and stipulated that Acre, Joppa, and other sea-port towns of +Palestine, should remain in the hands of the Christians, and that +every one of that religion should have liberty to perform his +pilgrimage to Jerusalem unmolested. This truce was concluded for +three years, three months, three weeks, three days, and three hours; a +magical number, which had probably been devised by the Europeans, and +which was suggested by a superstition well suited to the object of the +war. +[FN [l] Hoveden, p. 698. Bened. Abb. p. 677. Diceto, p. 662. +Brompton, p. 1214. [m] Vinisauf, p. 380.] + +The liberty, in which Saladin indulged the Christians, to perform +their pilgrimages to Jerusalem, was an easy sacrifice on his part; and +the furious wars which he waged in defence of the barren territory of +Judea were not with him, as with the European adventurers, the result +of superstition, but of policy. The advantage indeed of science, +moderation, humanity, was at that time entirely on the side of the +Saracens; and this gallant emperor, in particular, displayed, during +the course of the war, a spirit and generosity, which even his bigoted +enemies were obliged to acknowledge and admire. Richard, equally +martial and brave, carried with him more of the barbarian character, +and was guilty of acts of ferocity, which threw a stain on his +celebrated victories. When Saladin refused to ratify the capitulation +of Acre, the king of England ordered all his prisoners, to the number +of five thousand, to be butchered; and the Saracens found themselves +obliged to retaliate upon the Christians by a like cruelty [n]. +Saladin died at Damascus soon after concluding this truce with the +princes of the crusade: it is memorable that, before he expired, he +ordered his winding-sheet to be carried as a standard through every +street of the city; while a crier went before, and proclaimed with a +loud voice, THIS IS ALL THAT REMAINS TO THE MIGHTY SALADIN, THE +CONQUEROR OF THE EAST. By his last will he ordered charities to be +distributed to the poor without distinction of Jew, Christian, or +Mahometan. +[FN [n] Hoveden, p. 697. Bened. Abb. p. 673. M. Paris, p. 115. +Vinisauf, p. 346. W. Heming. p. 531.] + +[MN 1192. The king’s return from Palestine.] +There remained, after the truce, no business of importance to detain +Richard in Palestine; and the intelligence which he received, +concerning the intrigues of his brother John, and those of the King of +France, made him sensible that his presence was necessary in Europe. +As he dared not to pass through France, be sailed to the Adriatic; and +being shipwrecked near Aquileia, he put on the disguise of a pilgrim, +with a purpose of taking his journey secretly through Germany. +Pursued by the governor of Istria, he was forced out of the direct +road to England, and was obliged to pass by Vienna, [MN 20th Dec.] +where his expenses and liberalities betrayed the monarch in the habit +of the pilgrim; and he was arrested by orders of Leopold, Duke of +Austria. This prince had served under Richard at the siege of Acre; +but being disgusted by some insult of that haughty monarch, he was so +ungenerous as to seize the present opportunity of gratifying at once +his avarice and revenge; and he threw the king into prison. [MN +1193.] The emperor, Henry VI., who also considered Richard as an +enemy, on account of the alliance contracted by him with Tancred, King +of Sicily, despatched messengers to the Duke of Austria, required the +royal captive to be delivered to him, and stipulated a large sum of +money as a reward for this service. [MN Captivity in Germany.] Thus, +the King of England, who had filled the whole world with his renown, +found himself, during the most critical state of his affairs, confined +in a dungeon, and loaded with irons, in the heart of Germany [o], and +entirely at the mercy of his enemies, the basest and most sordid of +mankind. +[FN [o] Chron. T. Wykes, p. 35.] + +The English council was astonished on receiving this fatal +intelligence; and foresaw all the dangerous consequences which might +naturally arise from that event. The queen-dowager wrote reiterated +letters to Pope Celestine, exclaiming against the injury which her son +had sustained; representing the impiety of detaining in prison the +most illustrious prince that had yet carried the banners of Christ +into the Holy Land; claiming the protection of the apostolic see, +which was due even to the meanest of those adventurers; and upbraiding +the pope, that in a cause where justice, religion, and the dignity of +the church, were so much concerned, a cause which it might well befit +his holiness himself to support, by taking in person a journey to +Germany, the spiritual thunders should so long be suspended over those +sacrilegious offenders [p]. The zeal of Celestine corresponded not to +the impatience of the queen-mother; and the regency of England were, +for a long time, left to struggle alone with all their domestic and +foreign enemies. +[FN [p] Rymer, vol. i. p. 72, 73, 74, 75, 76, &c.] + +[MN War with France.] +The King of France, quickly informed of Richard's confinement by a +message from the emperor [q], prepared himself to take advantage of +the incident; and he employed every means of force and intrigue, of +war and negotiation, against the dominions and the person of his +unfortunate rival. He revived the calumny of Richard's assassinating +the Marquis of Montferrat; and by that absurd pretence he induced his +barons to violate their oaths, by which they had engaged that, during +the crusade, they never would, on any account, attack the dominions of +the King of England. He made the emperor the largest offers, if he +would deliver into his hands the royal prisoner, or at least detain +him in perpetual captivity: he even formed an alliance by marriage +with the King of Denmark, desired that the ancient Danish claim to the +crown of England should be transferred to him, and solicited a supply +of shipping to maintain it. But the most successful of Philip's +negotiations was with Prince John, who, forgetting every tie to his +brother, his sovereign, and his benefactor, thought of nothing but how +to make his own advantage of the public calamities. That traitor, on +the first invitation from the court of France, suddenly went abroad, +had a conference with Philip, and made a treaty, of which the object +was the perpetual ruin of his unhappy brother. He stipulated to +deliver into Philip's hands a great part of Normandy [r]; he received, +in return, the investiture of all Richard's transmarine dominions; and +it is reported by several historians, that he even did homage to the +French king for the crown of England. +[FN [q] Ibid. p. 70. [r] Rymer, vol. i. p. 85.] + +In consequence of this treaty, Philip invaded Normandy; and by the +treachery of John's emissaries, made himself master, without +opposition, of many fortresses, Neuf-chatel, Neaufle, Gisors, Pacey, +Ivree: he subdued the counties of Eu and Aumale; and advancing to form +the siege of Rouen, he threatened to put all the inhabitants to the +sword if they dared to make resistance. Happily, Robert, Earl of +Leicester, appeared in that critical moment; a gallant nobleman, who +had acquired great honour during the crusade, and who, being more +fortunate than his master in finding his passage homewards, took on +him the command in Rouen, and exerted himself, by his exhortations and +example, to infuse courage into the dismayed Normans. Philip was +repulsed in every attack; the time of service from his vassals +expired; and he consented to a truce with the English regency, +received in return the promise of twenty thousand marks, and had four +castles put into his hands, as security for the payment [s]. +[FN [s] Hoveden, p.730, 731. Rymer, vol. i. p. 81.] + +Prince John, who, with a view of increasing the general confusion, +went over to England, was still less successful in his enterprises. +He was only able to make himself master of the castles of Windsor and +Wallingford; but when he arrived in London, and claimed the kingdom as +heir to his brother, of whose death he pretended to have received +certain intelligence, he was rejected by all the barons, and measures +were taken to oppose and subdue him [t]. The justiciaries, supported +by the general affection of the people, provided so well for the +defence of the kingdom, that John was obliged, after some fruitless +efforts, to conclude a truce with them; and before its expiration, he +thought it prudent to return to France, where he openly avowed his +alliance with Philip [u]. +[FN [t] Hoveden, p. 724. [u] W. Heming. p. 536.] + +Meanwhile the high spirit of Richard suffered in Germany every kind of +insult and indignity. The French ambassadors, in their master's name, +renounced him as a vassal to the crown of France, and declared all +his fiefs to be forfeited to his liege lord. The emperor, that he +might render him more impatient for the recovery of his liberty, and +make him submit to the payment of a larger ransom, treated him with +the greatest severity, and reduced him to a condition worse than that +of the meanest malefactor. He was even produced before the diet of +the empire at Worms, and accused by Henry of many crimes and +misdemeanours; of making an alliance with Tancred, the usurper of +Sicily; of turning the arms of the crusade against a Christian prince, +and subduing Cyprus; of affronting the Duke of Austria before Acre; of +obstructing the progress of the Christian arms by his quarrels with +the King of France; of assassinating Conrade, Marquis of Montferrat; +and of concluding a truce with Saladin, and leaving Jerusalem in the +hands of the Saracen emperor [w]. Richard, whose spirit was not +broken by his misfortunes, and whose genius was rather roused by these +frivolous or scandalous imputations; after premising, that his dignity +exempted him from answering before any jurisdiction, except that of +Heaven; yet condescended, for the sake of his reputation, to justify +his conduct before that great assembly. He observed, that he had no +hand in Tancred's elevation, and only concluded a treaty with a prince +whom he found in possession of the throne; that the king, or rather +tyrant of Cyprus, had provoked his indignation by the most ungenerous +and unjust proceedings; and though he chastised this aggressor, he had +not retarded a moment the progress of his chief enterprise: that if he +had at any time been wanting in civility to the Duke of Austria, he +had already been sufficiently punished for that sally of passion; and +it better became men, embarked together in so holy a cause, to forgive +each other's infirmities, than to pursue a slight offence with such +unrelenting vengeance: that it had sufficiently appeared by the event, +whether the King of France or he were most zealous for the conquest of +the Holy Land, and were most likely to sacrifice private passions and +animosities to that great object: that if the whole tenour of his life +had not shown him incapable of a base assassination, and justified him +from that imputation in the eyes of his very enemies, it was in vain +for him, at present, to make his apology, or plead the many +irrefragable arguments which he could produce in his own favour: and +that, however he might regret the necessity, he was so far from being +ashamed of his truce with Saladin, that he rather gloried in that +event; and thought it extremely honourable, that, though abandoned by +all the world, supported only by his own courage, and by the small +remains of his national troops, he could yet obtain such conditions +from the most powerful and most warlike emperor that the East had ever +yet produced. Richard, after thus deigning to apologize for his +conduct, burst out into indignation at the cruel treatment which he +had met with; that he, the champion of the cross, still wearing that +honourable badge, should, after expending the blood and treasure of +his subjects in the common cause of Christendom, be intercepted by +Christian princes in his return to his own country, be thrown into a +dungeon, be loaded with irons, be obliged to plead his cause, as if he +were a subject and a malefactor; and what he still more regretted, be +thereby prevented from making preparations for a new crusade, which he +had projected, after the expiration of the truce, and from redeeming +the sepulchre of Christ, which had so long been profaned by the +dominion of infidels. The spirit and eloquence of Richard made such +impression on the German princes, that they exclaimed loudly against +the conduct of the emperor; the pope threatened him with +excommunication; and Henry, who had hearkened to the proposals of the +King of France and Prince John, found that it would be impracticable +for him to execute his and their base purposes, or to detain the King +of England any longer in captivity. [MN The king’s delivery.] He +therefore concluded with him a treaty for his ransom, and agreed to +restore him to his freedom for the sum of a hundred and fifty thousand +marks, about three hundred thousand pounds of our present money; of +which a hundred thousand marks were to be paid before he received his +liberty, and sixty-seven hostages delivered for the remainder [x]. +The emperor, as if to gloss over the infamy of this transaction, made +at the same time a present to Richard of the kingdom of Arles, +comprehending Provence, Dauphiny, Narbonne, and other states, over +which the empire had some antiquated claims; a present which the king +very wisely neglected. +[FN [w] M Paris, p. 121. W. Heming. p. 536. [x] Rymer, vol. i. p. +84.] + +The captivity of the superior lord was one of the cases provided for +by the feudal tenures; and all the vassals were in that event obliged +to give an aid for his ransom. Twenty shillings were therefore levied +on each knight's fee in England; but as this money came in slowly, and +was not sufficient for the intended purpose, the voluntary zeal of the +people readily supplied the deficiency. The churches and monasteries +melted down their plate, to the amount of thirty thousand marks; the +bishops, abbots, and nobles, paid a fourth of their yearly rent; the +parochial clergy contributed a tenth of their tithes; [MN 1194. 4th +Feb.] and the requisite sum being thus collected, Queen Eleanor, and +Walter, Archbishop of Rouen, set out with it for Germany; paid the +money to the emperor and the Duke of Austria at Mentz; delivered them +hostages for the remainder; and freed Richard from captivity. His +escape was very critical. Henry had been detected in the +assassination of the Bishop of Liege, and in an attempt of a like +nature on the Duke of Louvaine; and finding himself extremely +obnoxious to the German princes on account of these odious practices, +he had determined to seek support from an alliance with the King of +France; to detain Richard, the enemy of that prince, in perpetual +captivity; to keep in his hands the money which he had already +received for his ransom; and to extort fresh sums from Philip and +Prince John, who were very liberal in their offers to him. He +therefore gave orders that Richard should be pursued and arrested; but +the king, making all imaginable haste, had already embarked at the +mouth of the Schelde, and was out of sight of land, when the +messengers of the emperor reached Antwerp. + +[MN King’s return to England, 20th March.] +The joy of the English was extreme on the appearance of their monarch, +who had suffered so many calamities, who had acquired so much glory, +and who had spread the reputation of their name into the farthest +East, whither their fame had never before been able to extend. He +gave them, soon after his arrival, an opportunity of publicly +displaying their exultation, by ordering himself to be crowned anew at +Winchester; as if he intended, by that ceremony, to reinstate himself +in his throne, and to wipe off the ignominy of his captivity. Their +satisfaction was not damped, even when he declared his purpose of +resuming all those exorbitant grants, which he had been necessitated +to make before his departure for the Holy Land. The barons, also, in +a great council, confiscated, on account of his treason, all Prince +John's possessions in England; and they assisted the king in reducing +the fortresses which still remained in the hands of his brother's +adherents [y]. Richard, having settled every thing in England, passed +over with an army into Normandy; being impatient to make war on +Philip, and to revenge himself for the many injuries which he had +received from that monarch [z]. As soon as Philip heard of the king's +deliverance from captivity, he wrote to his confederate John in these +terms: TAKE CARE OF YOURSELF: THE DEVIL IS BROKEN LOOSE [a]. +[FN [y] Hoveden, p. 737. Ann. Waverl. p. 165. W. Heming, p. 540. +[z] Hoveden, p. 740. [a] Ibid. p. 739.] + +[MN War with France.] +When we consider such powerful and martial monarchs inflamed with +personal animosity against each other, enraged by mutual injuries, +excited by rivalship, impelled by opposite interests, and instigated +by the pride and violence of their own temper; our curiosity is +naturally raised, and we expect an obstinate and furious war, +distinguished by the greatest events, and concluded by some remarkable +catastrophe. Yet are the incidents which attend those hostilities so +frivolous that scarce any historian can entertain such a passion for +military descriptions as to venture on a detail of them: a certain +proof of the extreme weakness of princes in those ages, and of the +little authority they possessed over their refractory vassals! The +whole amount of the exploits on both sides is, the taking of a castle, +the surprise of a straggling party, a rencounter of horse, which +resembles more a rout than a battle. Richard obliged Philip to raise +the siege of Verneuil; he took Loches, a small town in Anjou: he made +himself master of Beaumont, and some other places of little +consequence; and after these trivial exploits, the two kings began +already to hold conferences for an accommodation. Philip insisted +that, if a general peace were concluded, the barons on each side +should, for the future, be prohibited from carrying on private wars +against each other: but Richard replied, that this was a right claimed +by his vassals, and he could not debar them from it. After this +fruitless negotiation, there ensued an action between the French and +English cavalry at Fretteval, in which the former were routed, and the +King of France's cartulary and records, which commonly at that time +attended his person, were taken. But this victory leading to no +important advantages, a truce for a year was at last, from mutual +weakness, concluded between the two monarchs. + +During this war, Prince John deserted from Philip, threw himself at +his brother's feet, craved pardon for his offences, and by the +intercession of Queen Eleanor was received into favour. I FORGIVE +HIM, said the king, AND HOPE I SHALL AS EASILY FORGET HIS INJURIES AS +HE WILL MY PARDON. John was incapable even of returning to his duty, +without committing a baseness. Before he left Philip's party, he +invited to dinner all the officers of the garrison, which that prince +had placed in the citadel of Evreux: he massacred them during the +entertainment: fell, with the assistance of the townsmen, on the +garrison, whom he put to the sword; and then delivered up the place to +his brother. + +The King of France was the great object of Richard's resentment and +animosity: the conduct of John, as well as that of the emperor and +Duke of Austria, had been so base, and was exposed to such general +odium and reproach, that the king deemed himself sufficiently revenged +for their injuries; and he seems never to have entertained any project +of vengeance against any of them. The Duke of Austria, about this +time, having crushed his leg by the fall of his horse at a tournament, +was thrown into a fever; and being struck, on the approaches of death, +with remorse for his injustice to Richard, he ordered, by will, all +the English hostages in his hands to be set at liberty, and the +remainder of the debt due to him to be remitted: his son, who seemed +inclined to disobey these orders, was constrained by his ecclesiastics +to execute them [b]. [MN 1195.] The emperor also made advances for +Richard's friendship, and offered to give him a discharge of all the +debt not yet paid to him provided he would enter into an offensive +alliance against the King of France; a proposal which was very +acceptable to Richard, and was greedily embraced by him. The treaty +with the emperor took no effect; but it served to rekindle the war +between France and England before the expiration of the truce. This +war was not distinguished by any more remarkable instances than the +foregoing. After mutually ravaging the open country, and taking a few +insignificant castles, the two kings concluded a peace at Louviers, +and made an exchange of some territories with each other [c]. [MN +1196.] Their inability to wage war occasioned the peace: their mutual +antipathy engaged them again in war before two months expired. +Richard imagined that he had now found an opportunity of gaining great +advantages over his rival, by forming an alliance with the Counts of +Flanders, Toulouse, Boulogne, Champagne, and other considerable +vassals of the crown of France [d]. But he soon experienced the +insincerity of those princes, and was not able to make any impression +on that kingdom, while governed by a monarch of so much vigour and +activity as Philip. The most remarkable incident of this war was the +taking prisoner in battle the Bishop of Beauvais, a martial prelate, +who was of the family of Dreux, and a near relation of the French +king's. Richard, who hated that bishop, threw him into prison and +loaded him with irons; and when the pope demanded his liberty, and +claimed him as his son, the king sent to his holiness the coat of mail +which the prelate had worn in battle, and which was all besmeared with +blood; and he replied to him, in the terms employed by Jacob's sons to +that patriarch, THIS HAVE WE FOUND: KNOW NOW WHETHER IT BE THY SON'S +COAT OR NO [e]. This new war between England and France, though +carried out with such animosity that both kings frequently put out the +eyes of their prisoners, was soon finished by a truce of five years; +and immediately after signing this treaty, the kings were ready, on +some new offence, to break out again into hostilities; when the +mediation of the Cardinal of St. Mary, the pope's legate, accommodated +the difference [f]. This prelate even engaged the princes to commence +a treaty for a more durable peace; but the death of Richard put an end +to the negotiation. +[FN [b] Rymer, vol i. p. 88, 102. [c] Ibid. p. 91. [d] W. Heming, p. +549. Brompton, p. 1273. Rymer, vol. i. p. 94. [e] Genesis, chap. +xxxvii. ver. 32. M. Paris, p. 128. Brompton, p. 1273. [f] Rymer, +vol. i. p. 109, 110.] + +[MN 1199.] Vidomar, Viscount of Limoges, a vassal of the king's, had +found a treasure, of which he sent part to that prince as a present. +Richard, as superior lord, claimed the whole; and at the head of some +Brabancons, besieged the viscount in the castle of Chalons, near +Limoges, in order to make him comply with his demand [g]. The +garrison offered to surrender; but the king replied, that, since he +had taken the pains to come thither and besiege the place in person, +he would take it by force, and would hang every one of them. The same +day, Richard, accompanied by Marcadee, leader of his Brabancons, +approached the castle in order to survey it; when one Bertrand de +Gourdon, an archer, took aim at him, and pierced his shoulder with an +arrow. [MN 28th March.] The king, however, gave orders for the +assault, took the place, and hanged all the garrison, except Gourdon, +who had wounded him, and whom he reserved for a more deliberate and +more cruel execution [h]. +[FN [g] Hoveden, p. 791. Knyghton, p. 2413. [h] Ibid.] + +The wound was not in itself dangerous; but the unskilfulness of the +surgeon made it mortal: he so rankled Richard's shoulder in pulling +out the arrow, that a gangrene ensued; and that prince was now +sensible that his life was drawing towards a period. He sent for +Gourdon, and asked him, WRETCH, WHAT HAVE I EVER DONE TO YOU, TO +OBLIGE YOU TO SEEK MY LIFE?--WHAT HAVE YOU DONE TO ME? replied coolly +the prisoner: YOU KILLED WITH YOUR OWN HANDS MY FATHER AND MY TWO +BROTHERS; AND YOU INTENDED TO HAVE HANGED MYSELF: I AM NOW IN YOUR +POWER, AND YOU MAY TAKE REVENGE, BY INFLICTING ON ME THE MOST SEVERE +TORMENTS: BUT I SHALL ENDURE THEM ALL WITH PLEASURE, PROVIDED I CAN +THINK THAT I HAVE BEEN SO HAPPY AS TO RID THE WORLD OF SUCH A NUISANCE +[i]. Richard, struck with the reasonableness of this reply, and +humbled by the near approach of death, ordered Gourdon to be set at +liberty, and a sum of money to be given him: but Marcadee, unknown to +him, seized the unhappy man, flayed him alive, and then hanged him. +[MN 6th April. Death,] Richard died in the tenth year of his reign, +and the forty-second of his age; and he left no issue behind him. +[FN [i] Hoveden, p. 791. Brompton, p. 1277. Knyghton, p. 2413.] + +[MN and character of the king.] +The most shining parts of this prince's character are his military +talents. No man, even in that romantic age, carried personal courage +and intrepidity to a greater height; and this quality gained him the +appellation of the lion-hearted, COEUR DE LION. He passionately loved +glory, chiefly military glory; and as his conduct in the field was not +inferior to his valour, he seems to have possessed every talent +necessary for acquiring it. His resentments also were high; his pride +unconquerable; and his subjects, as well as his neighbours, had +therefore reason to apprehend, from the continuance of his reign, a +perpetual scene of blood and violence. Of an impetuous and vehement +spirit, he was distinguished by all the good as well as the bad +qualities incident to that character: he was open, frank, generous, +sincere, and brave; he was revengeful, domineering, ambitious, +haughty, and cruel; and was thus better calculated to dazzle men by +the splendour of his enterprises, than either to promote their +happiness or his own grandeur by a sound and well-regulated policy. +As military talents made great impression on the people, he seems to +have been much beloved by his English subjects; and he is remarked to +have been the first prince of the Norman line that bore any sincere +regard to them. He passed however only four months of his reign in +that kingdom: the crusade employed him near three years; he was +detained about fourteen months in captivity; the rest of his reign was +spent either in war, or preparations for war, against France; and he +was so pleased with the fame which he had acquired in the East, that +he determined, notwithstanding his past misfortunes, to have farther +exhausted his kingdom, and to have exposed himself to new hazards, by +conducting another expedition against the infidels. + +[MN Miscellaneous transactions of this reign.] +Though the English pleased themselves with the glory which the king's +martial genius procured them, his reign was very oppressive and +somewhat arbitrary, by the high taxes which he levied on them, and +often without consent of the states or great council. In the ninth +year of his reign, he levied five shillings on each hide of land; and +because the clergy refused to contribute their share, he put them out +of the protection of law, and ordered the civil courts to give them no +sentence for any debts which they might claim [k]. Twice in his reign +he ordered all his charters to be sealed anew, and the parties to pay +fees for the renewal [l]. It is said that Hubert, his justiciary, +sent him over to France, in the space of two years, no less a sum than +one million one hundred thousand marks, besides bearing all the +charges of the government in England. But this account is quite +incredible, unless we suppose that Richard made a thorough +dilapidation of the demesnes of the crown, which it is not likely he +could do with any advantage after his former resumption of all grants. +A king who possessed such a revenue could never have endured fourteen +months' captivity for not paying a hundred and fifty thousand marks to +the emperor, and be obliged at last to leave hostages for a third of +the sum. The prices of commodities in this reign are also a certain +proof that no such enormous sum could be levied on the people. A hide +of land, or about a hundred and twenty acres, was commonly let at +twenty shillings a year, money of that time. As there were two +hundred and forty-three thousand six hundred hides in England, it is +easy to compute the amount of all the landed rents of the kingdom. +The general and stated price of an ox was four shillings; of a +labouring horse the same; of a sow, one shilling; of a sheep with fine +wool, tenpence; with coarse wool, sixpence [m]. These commodities +seem not to have advanced in their prices since the conquest [n], and +to have still been ten times cheaper than at present. +[FN [k] Hoveden, p. 743. Tyrrel, vol. ii. p. 563. [l] Prynne's +Chronol. Vindic. tom. i. p. 1133. [m] Hoveden, p. 745. [n] See note +[S], at the end of the volume.] + +Richard renewed the severe laws against transgressors in his forests, +whom he punished by castration and putting out their eyes, as in the +reign of his great-grandfather. He established by law one weight and +measure throughout his kingdom [o]: a useful institution, which the +mercenary disposition and necessities of his successor engaged him to +dispense with for money. +[FN [o] M. Paris, p. 109, 134. Trivet, p. 127. Ann. Waverl. p. 165. +Hoveden, p. 774.] + +The disorders in London, derived from its bad police, had risen to a +great height during this reign; and in the year 1196, there seemed to +be formed so regular a conspiracy among the numerous malefactors, as +threatened the city with destruction. There was one William +Fitz-Osbert, commonly called LONGBEARD, a lawyer, who had rendered +himself extremely popular among the lower rank of citizens; and, by +defending them on all occasions, had acquired the appellation of the +advocate or saviour of the poor. He exerted his authority, by +injuring and insulting the more substantial citizens, with whom he +lived in a state of hostility, and who were every moment exposed to +the most outrageous violences from him and his licentious emissaries. +Murders were daily committed in the streets; houses were broken open +and pillaged in daylight; and it is pretended that no less than fifty- +two thousand persons had entered into an association, by which they +bound themselves to obey all the orders of this dangerous ruffian. +Archbishop Hubert, who was then chief justiciary, summoned him before +the council to answer for his conduct; but he came so well attended, +that no one durst accuse him, or give evidence against him; and the +primate, finding the impotence of law, contented himself with exacting +from the citizens hostages for their good behaviour. He kept, +however, a watchful eye on Fitz-Osbert; and seizing a favourable +opportunity, attempted to commit him to custody; but the criminal, +murdering one of the public officers, escaped with his concubine to +the church of St. Mary le Bow, where he defended himself by force of +arms. He was at last forced from his retreat, condemned, and +executed, amidst the regrets of the populace, who were so devoted to +his memory, that they stole his gibbet, paid the same veneration to it +as to the cross, and were equally zealous in propagating and attesting +reports of the miracles wrought by it [p]. But though the sectaries +of this superstition were punished by the justiciary [q], it received +so little encouragement from the established clergy, whose property +was endangered by such seditious practices, that it suddenly sunk and +vanished. +[FN [p] Hoveden, p 765. Diceto, p. 691. Neubrig. p. 492, 493. [q] +Gervase, p. 1551.] + +It was during the crusades that the custom of using coats of arms was +first introduced into Europe. The knights, cased up in armour, had no +way to make themselves be known and distinguished in battle but by the +devices on their shields; and these were gradually adopted by their +posterity and families, who were proud of the pious and military +enterprises of their ancestors. + +King Richard was a passionate lover of poetry; there even remain some +poetical works of his composition; and he bears a rank among the +Provencal poets or TROBADORES, who were the first of the modern +Europeans that distinguished themselves by attempts of that nature. + + + + +CHAPTER XI. + +JOHN. + +ACCESSION OF THE KING.--HIS MARRIAGE.--WAR WITH FRANCE.—MURDER OF +ARTHUR, DUKE OF BRITANY.--THE KING EXPELLED THE FRENCH PROVINCES.--THE +KING'S QUARREL WITH THE COURT OF ROME.—CARDINAL LANGTON APPOINTED +ARCHBISHOP OF CANTERBURY.--INTERDICT OF THE KINGDOM.--EXCOMMUNICATION +OF THE KING.--THE KING'S SUBMISSION TO THE POPE.--DISCONTENTS OF THE +BARONS.--INSURRECTION OF THE BARONS.--MAGNA CHARTA.--RENEWAL OF THE +CIVIL WARS.—PRINCE LEWIS CALLED OVER.--DEATH AND CHARACTER OF THE +KING. + + + +[MN 1199. Accession of the king.] +The noble and free genius of the ancients, which made the government +of a single person be always regarded as a species of tyranny and +usurpation, and kept them from forming any conception of a legal and +regular monarchy, had rendered them entirely ignorant both of the +rights of PRIMOGENITURE, and a REPRESENTATION in succession; +inventions so necessary for preserving order in the lines of princes, +for obviating the evils of civil discord and of usurpation, and for +begetting moderation in that species of government, by giving security +to the ruling sovereign. These innovations arose from the feudal law, +which, first introducing the right of primogeniture, made such a +distinction between the families of the elder and younger brothers, +that the son of the former was thought entitled to succeed to his +grandfather, preferably to his uncles, though nearer allied to the +deceased monarch. But though this progress of ideas was natural, it +was gradual. In the age of which we treat, the practice of +representation was indeed introduced, but not thoroughly established; +and the minds of men fluctuated between opposite principles. Richard, +when he entered on the holy war, declared his nephew, Arthur, Duke of +Britany, his successor; and by a formal deed he set aside, in his +favour, the title of his brother John, who was younger than Geoffrey, +the father of that prince [a]. But John so little acquiesced in that +destination, that when he gained the ascendant in the English +ministry, by expelling Longchamp, the chancellor and great justiciary, +he engaged all the English barons to swear that they would maintain +his right of succession; and Richard, on his return, took no steps +towards restoring or securing the order which he had at first +established. He was even careful, by his last will, to declare his +brother John heir to all his dominions [b]; whether that he now +thought Arthur, who was only twelve years of age, incapable of +asserting his claim against John's faction, or was influenced by +Eleanor, the queen-mother, who hated Constantia, mother of the young +duke, and who dreaded the credit which that princess would naturally +acquire if her son should mount the throne. The authority of a +testament was great in that age, even where the succession of a +kingdom was concerned; and John had reason to hope that this title, +joined to his plausible right in other respects, would ensure him the +succession. But the idea of representation seems to have made, at this +time, greater progress in France than in England: the barons of the +transmarine provinces, Anjou, Maine, and Touraine, immediately +declared in favour of Arthur's title, and applied for assistance to +the French monarch as their superior lord. Philip, who desired only +an occasion to embarrass John, and dismember his dominions, embraced +the cause of the young Duke of Britany, took him under his protection, +and sent him to Paris to be educated, along with his own son Lewis +[c]. In this emergence, John hastened to establish his authority in +the chief members of the monarchy; and after sending Eleanor into +Poictou and Guienne, where her right was incontestable, and was +readily acknowledged, he hurried to Rouen, and having secured the +duchy of Normandy, he passed over, without loss of time, to England. +Hubert, Archbishop of Canterbury, William Mareschal, Earl of Strigul, +who also passes by the name of Earl of Pembroke, and Geoffrey +Fitz-Peter, the justiciary, the three most favoured ministers of the +late king, were already engaged on his side [d]; and the submission or +acquiescence of all the other barons put him, without opposition, in +possession of the throne. +[FN [a] Hoveden, p. 677. M Paris, p. 112. Chron. de Dunst. p. 43. +Rymer, vol i p. 66, 68. Bened. Abb. p. 619. [b] Hoveden, p. 791. +Trivet, p. 138. [c] Hoveden, p. 792. M. Paris, p. 137. M. West. p. +263. Knyghton, p. 2414. [d] Hoveden, p. 793. M. Paris, p. 137.] + +The king soon returned to France, in order to conduct the war against +Philip, and to recover the revolted provinces from his nephew Arthur. +The alliances which Richard had formed with the Earl of Flanders [e], +and other potent French princes, though they had not been very +effectual, still subsisted, and enabled John to defend himself against +all the efforts of his enemy. In an action between the French and +Flemings, the elect Bishop of Cambray was taken prisoner by the +former; and when the Cardinal of Capua claimed his liberty, Philip, +instead of complying, reproached him with the weak efforts which he +had employed in favour of the Bishop of Beauvais, who was in a like +condition. The legate, to show his impartiality, laid, at the same +time, the kingdom of France and the duchy of Normandy under an +interdict; and the two kings found themselves obliged to make an +exchange of these military prelates. +[FN [e] Rymer, vol. i. p. 114. Hoveden, p. 794. M. Paris, p. 138.] + +[MN 1200.] Nothing enabled the king to bring this war to a happy +issue so much as the selfish intriguing character of Philip, who acted +in the provinces that had declared for Arthur, without any regard to +the interests of that prince. Constantia, seized with a violent +jealousy that he intended to usurp the entire dominion of them [f], +found means to carry off her son secretly from Paris: she put him into +the hands of his uncle; restored the provinces which had adhered to +the young prince; and made him do homage for the duchy of Britany, +which was regarded as a rerefief of Normandy. From this incident, +Philip saw that he could not hope to make any progress against John; +and being threatened with an interdict on account of his irregular +divorce from Ingelburga, the Danish princess whom he had espoused, he +became desirous of concluding a peace with England. After some +fruitless conferences, the terms were at last adjusted; and the two +monarchs seemed in this treaty to have an intention, besides ending +the present quarrel, of preventing all future causes of discord, and +of obviating every controversy which could thereafter arise between +them. They adjusted the limits of all their territories, mutually +secured the interests of their vassals; and, to render the union more +durable, John gave his niece, Blanche of Castile, in marriage to +Prince Lewis, Philip's eldest son, and with her the baronies of +Issoudun and Gracai, and other fiefs in Berri. Nine barons of the +King of England, and as many of the King of France, were guarantees of +this treaty; and all of them swore that if their sovereign violated +any article of it, they would declare themselves against him, and +embrace the cause of the injured monarch [g]. +[FN [f] Hoveden, p.795. [g] Norman Duchesnii, p. 1055. Rymer, vol. +i. p. 117, 118, 119. Hoveden, p. 814. Chron. Dunst. vol. i. p. 47.] + +John, now secure, as he imagined, on the side of France, indulged his +passion for Isabella, the daughter and heir of Aymar Tailleffer, Count +of Angouleme, a lady with whom he had become much enamoured. His +queen, the heiress of the family of Gloucester, was still alive: +Isabella was married to the Count de la Marche, and was already +consigned to the care of that nobleman; though, by reason of her +tender years, the marriage had not been consummated. The passion of +John made him overlook all these obstacles: he persuaded the Count of +Angouleme to carry off his daughter from her husband; and having, on +some pretence or other, procured a divorce from his own wife, he +espoused Isabella; [MN The king’s marriage.] regardless both of the +menaces of the pope, who exclaimed against these irregular +proceedings, and of the resentment of the injured count, who soon +found means of punishing his powerful and insolent rival. + +[MN 1201.] John had not the art of attaching his barons either by +affection or by fear. The Count de la Marche, and his brother, the +Count d'Eu, taking advantage of the general discontent against him, +excited commotions in Poictou and Normandy, and obliged the king to +have recourse to arms, in order to suppress the insurrection of his +vassals. He summoned together the barons of England, and required +them to pass the sea under his standard, and to quell the rebels: he +found that he possessed as little authority in that kingdom as in his +transmarine provinces. The English barons unanimously replied, that +they would not attend him on this expedition, unless he would promise +to restore and preserve their privileges [h]: the first symptom of a +regular association and plan of liberty among those noblemen! but +affairs were not yet fully ripe for the revolution projected. John, +by menacing the barons, broke the concert; and both engaged many of +them to follow him into Normandy, and obliged the rest who stayed +behind to pay him a scutage of two marks on each knight's fee, as the +price of their exemption from the service. +[FN [h] Annal. Burton, p. 262.] + +The force which John carried abroad with him, and that which joined +him in Normandy, rendered him much superior to his malecontent barons; +and so much the more as Philip did not publicly give them any +countenance, and seemed as yet determined to persevere steadily in the +alliance which he had contracted with England. But the king, elated +with his superiority, advanced claims which gave an universal alarm to +his vassals, and diffused still wider the general discontent. As the +jurisprudence of those times required that the causes in the lords' +court should chiefly be decided by duel, he carried along with him +certain bravos, whom he retained as champions, and whom he destined to +fight with his barons, in order to determine any controversy which he +might raise against them [i]. The Count de la Marche, and other +noblemen, regarded this proceeding as an affront, as well as an +injury; and declared that they would never draw their swords against +men of such inferior quality. The king menaced them with vengeance; +but he had not vigour to employ against them the force in his hands, +or to prosecute the injustice, by crushing entirely the nobles who +opposed it. +[FN [i] Ibid.] + +[MN War with France.] +This government, equally feeble and violent, gave the injured barons +courage, as well as inclination, to carry farther their opposition; +they appealed to the King of France; complained of the denial of +justice in John’s court; demanded redress from him as their superior +lord; and entreated him to employ his authority, and prevent their +final ruin and oppression. [MN 1202.] Philip perceived his +advantage, opened his mind to great projects, interposed in behalf of +the French barons, and began to talk in a high and menacing style to +the King of England. John, who could not disavow Philip's authority, +replied, that it belonged to himself first to grant them a trial by +their peers in his own court; it was not till he failed in this duty +that he was answerable to his peers in the supreme court of the French +king [k]; and he promised, by a fair and equitable judicature, to give +satisfaction to his barons. When the nobles, in consequence of this +engagement, demanded a safe conduct, that they might attend his court, +he at first refused it; upon the renewal of Philip's menaces, he +promised to grant their demand; he violated this promise; fresh +menaces extorted from him a promise to surrender to Philip the +fortresses of Tillieres and Boutavant, as a security for performance; +he again violated his engagement; his enemies, sensible both of his +weakness and want of faith, combined still closer in the resolution of +pushing him to extremities; and a new and powerful ally soon appeared +to encourage them in their invasion of this odious and despicable +government. +[FN [k] Philipp. lib. vi.] + +[MN 1203.] The young Duke of Britany, who was now rising to man’s +estate, sensible of the dangerous character of his uncle, determined +to seek both his security and elevation by a union with Philip and the +malecontent barons. He joined the French army, which had begun +hostilities against the King of England: he was received with great +marks of distinction by Philip; was knighted by him; espoused his +daughter Mary; and was invested not only in the duchy of Britany, but +in the counties of Anjou and Maine, which he had formerly resigned to +his uncle [l]. Every attempt succeeded with the allies. Tillieres +and Boutavant were taken by Philip, after making a feeble defence: +Mortimar and Lyons fell into his hands almost without resistance. +That prince next invested Gournai; and opening the sluices of a lake +which lay in the neighbourhood, poured such a torrent of water into +the place, that the garrison deserted it, and the French monarch, +without striking a blow, made himself master of that important +fortress. The progress of the French arms was rapid, and promised +more considerable success than usually in that age attended military +enterprises. In answer to every advance which the king made towards +peace, Philip still insisted that he should resign all his transmarine +dominions to his nephew, and rest contented with the kingdom of +England; when an event happened which seemed to turn the scales in +favour of John, and to give him a decisive superiority over his +enemies. +[FN [l] Trivet, p. 142.] + +Young Arthur, fond of military renown, had broken into Poictou at the +head of a small army; and passing near Mirebeau, he heard that his +grandmother, Queen Eleanor, who had always opposed his interests, was +lodged in that place, and was protected by a weak garrison and ruinous +fortifications [m]. He immediately determined to lay siege to the +fortress, and make himself master of her person: but John, roused from +his indolence by so pressing an occasion, collected an army of English +and Brabancons, and advanced from Normandy with hasty marches to the +relief of the queen-mother. He fell on Arthur's camp before that +prince was aware of the danger; dispersed his army; took him prisoner, +together with the Count de la Marche, Geoffrey de Lusignan, and the +most considerable of the revolted barons; and returned in triumph to +Normandy [n]. [MN 1st Aug.] Philip, who was lying before Arques in +that duchy, raised the siege, and retired upon his approach [o]. The +greater part of the prisoners were sent over to England; but Arthur +was shut up in the castle of Falaise. +[FN [m] Ann. Waverl. p. 167. M. West. p. 264. [n] Ann. Marg. p. 213. +M. West. p. 264. [o] M. West. p. 264.] + +The king had here a conference with his nephew; represented to him the +folly of his pretensions; and required him to renounce the French +alliance, which had encouraged him to live in a state of enmity with +all his family: but the brave, though imprudent youth, rendered more +haughty from misfortunes, maintained the justice of his cause; +asserted his claim not only to the French provinces, but to the crown +of England; and in his turn, required the king to restore the son of +his elder brother to the possession of his inheritance [p]. John, +sensible from these symptoms of spirit that the young prince, though +now a prisoner, might hereafter prove a dangerous enemy, determined to +prevent all future peril by despatching his nephew; and Arthur was +never more heard of. [MN 1203. Murder of Arthur, Duke of Britany.] +The circumstances which attended this deed of darkness were, no doubt, +carefully concealed by the actors, and are variously related by +historians: but the most probable account is as follows: the king, it +is said, first proposed to William de la Bray, one of his servants, to +despatch Arthur; but William replied that he was a gentleman, not a +hangman; and he positively refused compliance. Another instrument of +murder was found, and was despatched with proper orders to Falaise; +but Hubert de Bourg, chamberlain to the king, and constable of the +castle, feigning that he himself would execute the king's mandate, +sent back the assassin, spread the report that the young prince was +dead, and publicly performed all the ceremonies of his interment; but +finding that the Bretons vowed revenge for the murder, and that all +the revolted barons persevered more obstinately in their rebellion, he +thought it prudent to reveal the secret, and to inform the world that +the Duke of Britany was still alive, and in his custody. This +discovery proved fatal to the young prince: John first removed him to +the castle of Rouen; and coming in a boat, during the night-time, to +that place, commanded Arthur to be brought forth to him. The young +prince, aware of his danger, and now more subdued by the continuance +of his misfortunes, and by the approach of death, threw himself on his +knees before his uncle, and begged for mercy: but the barbarous +tyrant, making no reply, stabbed him with his own hands; and fastening +a stone to the dead body, threw it into the Seine. +[FN [p] Ibid. p. 264.] + +All men were struck with horror at this inhuman deed; and from that +moment the king, detested by his subjects, retained a very precarious +authority over both the people and the barons in his dominions. The +Bretons, enraged at this disappointment in their fond hopes, waged +implacable war against him; and fixing the succession of their +government, put themselves in a posture to revenge the murder of their +sovereign. John had got into his power his niece, Eleanor, sister to +Arthur, commonly called THE DAMSEL OF BRITANY; and carrying her over +to England, detained her ever after in captivity [q]; but the Bretons, +in despair of recovering this princess, chose Alice for their +sovereign; a younger daughter of Constantia, by her second marriage +with Guy de Thouars; and they intrusted the government of the duchy to +that nobleman. The states of Britany, meanwhile, carried their +complaints before Philip, as their liege lord, and demanded justice +for the violence committed by John on the person of Arthur, so near a +relation, who, notwithstanding the homage which he did to Normandy, +was always regarded as one of the chief vassals of the crown. Philip +received their application with pleasure; summoned John to stand a +trial before him, and on his non-appearance passed sentence, with the +concurrence of the peers, upon that prince; declared him guilty of +felony and parricide; and adjudged him to forfeit to his superior lord +all his seignories and fiefs in France [r]. +[FN [q] Trivet, p. 145. T. Wykes, p. 36. Ypod. Neust. p. 459. [r] +W. Heming, p. 455. M. West. p. 264. Knyghton, p. 2420.] + +[MN The King expelled from the French provinces.] +The King of France, whose ambitious and active spirit had been +hitherto confined, either by the sound policy of Henry, or the martial +genius of Richard, seeing now the opportunity favourable against this +base and odious prince, embraced the project of expelling the English, +or rather the English king, from France, and of annexing to the crown +so many considerable fiefs, which, during several ages, had been +dismembered from it. Many of the other great vassals, whose jealousy +might have interposed, and have obstructed the execution of this +project, were not at present in a situation to oppose it; and the rest +either looked on with indifference, or gave their assistance to this +dangerous aggrandizement of their superior lord. The Earls of +Flanders and Blois were engaged in the holy war: the Count of +Champagne was an infant, and under the guardianship of Philip: the +duchy of Britany, enraged at the murder of their prince, vigorously +promoted all his measures: and the general defection of John's vassals +made every enterprise easy and successful against him. Philip, after +taking several castles and fortresses beyond the Loire, which he +either garrisoned or dismantled, received the submissions of the Count +of Alencon, who deserted John, and delivered up all the places under +his command to the French: upon which Philip broke up his camp, in +order to give the troops some repose after the fatigues of the +campaign. John, suddenly recollecting some forces, laid siege to +Alencon; and Philip, whose dispersed army could not be brought +together in time to succour it, saw himself exposed to the disgrace of +suffering the oppression of his friend and confederate. But his +active and fertile genius found an expedient against this evil. There +was held at that very time a tournament at Moret, in the Gatinois; +whither all the chief nobility of France and the neighbouring +countries had resorted, in order to signalize their prowess and +address. Philip presented himself before them; craved their +assistance in his distress; and pointed out the plains of Alencon, as +the most honourable field in which they could display their generosity +and martial spirit. Those valorous knights vowed that they would take +vengeance on the base parricide, the stain of arms and of chivalry; +and putting themselves, with all their retinue, under the command of +Philip, instantly marched to raise the siege of Alencon. John, +hearing of their approach, fled from before the place; and, in the +hurry, abandoned all his tents, machines, and baggage, to the enemy. + +This feeble effort was the last exploit of that slothful and cowardly +prince for the defence of his dominions. He thenceforth remained in +total inactivity at Rouen; passing all his time with his young wife in +pastimes and amusements, as if his state had been in the most profound +tranquillity, or his affairs in the most prosperous condition. If he +ever mentioned war, it was only to give himself vaunting airs, which, +in the eyes of all men, rendered him still more despicable and +ridiculous. LET THE FRENCH GO ON, said he, I WILL RETAKE IN A DAY +WHAT IT HAS COST THEM YEARS TO ACQUIRE [s]. His stupidity and +indolence appeared so extraordinary, that the people endeavoured to +account for the infatuation by sorcery, and believed that he was +thrown into this lethargy by some magic or witchcraft. The English +barons, finding that their time was wasted to no purpose, and that +they must suffer the disgrace of seeing, without resistance, the +progress of the French arms, withdrew from their colours, and secretly +returned to their own country [t]. No one thought of defending a man +who seemed to have deserted himself; and his subjects regarded his +fate with the same indifference to which in this pressing exigency +they saw him totally abandoned. +[FN [s] M. Paris, p. 146. M. West. p. 266. [t] M. Paris, p. 146. M. +West. p. 264.] + +John, while he neglected all domestic resources, had the meanness to +betake himself to a foreign power, whose protection he claimed: he +applied to the pope, Innocent III., and entreated him to interpose his +authority between him and the French monarch. Innocent, pleased with +any occasion of exerting his superiority, sent Philip orders to stop +the progress of his arms, and to make peace with the King of England. +But the French barons received the message with indignation; +disclaimed the temporal authority assumed by the pontiff; and vowed +that they would, to the uttermost, assist their prince against all his +enemies; Philip, seconding their ardour, proceeded, instead of obeying +the pope's envoys, to lay siege to Chateau Gaillard, the most +considerable fortress which remained to guard the frontiers of +Normandy. + +[MN 1204.] Chateau Gaillard was situated partly on an island in the +river Seine, partly on a rock opposite to it; and was secured by every +advantage which either art or nature could bestow upon it. The late +king, having cast his eye on this favourable situation, had spared no +labour or expense in fortifying it; and it was defended by Roger de +Laci, Constable of Chester, a determined officer, at the head of a +numerous garrison. Philip, who despaired of taking the place by +force, purposed to reduce it by famine; and, that he might cut off its +communication with the neighbouring country, he threw a bridge across +the Seine, while he himself, with his army, blockaded it by land. The +Earl of Pembroke, the man of greatest vigour and capacity in the +English court, formed a plan for breaking through the French +intrenchments, and throwing relief into the place. He carried with +him an army of four thousand infantry and three thousand cavalry, and +suddenly attacked, with great success, Philip's camp in the +night-time; having left orders that a fleet of seventy flat-bottomed +vessels should sail up the Seine, and fall at the same instant on the +bridge. But the wind and the current of the river, by retarding the +vessels, disconcerted this plan of operations; and it was morning +before the fleet appeared; when Pembroke, though successful in the +beginning of the action, was already repulsed with considerable loss, +and the King of France had leisure to defend himself against these new +assailants, who also met with a repulse. After this misfortune, John +made no farther efforts for the relief of Chateau Gaillard; and Philip +had all the leisure requisite for conducting and finishing the siege. +Roger de Laci defended himself for a twelvemonth with great obstinacy; +and having bravely repelled every attack, and patiently borne all the +hardships of famine, he was at last overpowered by a sudden assault in +the night-time, and made prisoner of war, with his garrison [u]. +Philip, who knew how to respect valour even in an enemy, treated him +with civility, and gave him the whole city of Paris for the place of +his confinement. +[FN [u] Trivet, p. 144. Gul. Britto, lib. 7. Ann. Waverl. p. 168.] + +When this bulwark of Normandy was once subdued, all the province lay +open to the inroads of Philip; and the King of England despaired of +being any longer able to defend it. He secretly prepared vessels for +a scandalous flight, and that the Normans might no longer doubt of his +resolution to abandon them, he ordered the fortifications of Pont de +l'Arche, Molineaux, and Montfort l'Amauri, to be demolished. Not +daring to repose confidence in any of his barons, whom he believed to +be universally engaged in a conspiracy against him, he intrusted the +government of the province to Archas Martin and Lupicaire, two +mercenary Brabancons, whom he had retained in his service. Philip, +now secure of his prey, pushed his conquests with vigour and success +against the dismayed Normans. Falaise was first besieged; and +Lupicaire, who commanded in this impregnable fortress, after +surrendering the place, enlisted himself with his troops in the +service of Philip, and carried on hostilities against his ancient +master. Caen, Coutance, Seez, Evreux, Baieux, soon fell into the +hands of the French monarch, and all the Lower Normandy was reduced +under his dominion. To forward his enterprises on the other division +of the province, Gui de Thouars, at the head of the Bretons, broke +into the territory, and took Mount St. Michael, Avranches, and all the +other fortresses in that neighbourhood. The Normans, who abhorred the +French yoke, and who would have defended themselves to the last +extremity if their prince had appeared to conduct them, found no +resource but in submission; and every city opened its gates as soon as +Philip appeared before it. [MN 1205.] Rouen alone, Arques, and +Verneuil, determined to maintain their liberties, and formed a +confederacy for mutual defence. Philip began with the siege of Rouen: +the inhabitants were so inflamed with hatred to France, that, on the +appearance of his army, they fell on all the natives of that country +whom they found within their walls, and put them to death. But after +the French king had begun his operations with success, and had taken +some of their outworks, the citizens, seeing no resource, offered to +capitulate; and demanded only thirty days to advertise their prince of +their danger, and to require succours against the enemy. [MN 1st +June.] Upon the expiration of the term, as no supply had arrived, +they opened their gates to Philip [w]; and the whole province soon +after imitated the example, and submitted to the victor. Thus was +this important territory re-united to the crown of France, about three +centuries after the cession of it by Charles the Simple to Rollo, the +first duke: and the Normans, sensible that this conquest was probably +final, demanded the privilege of being governed by French laws; which +Philip, making a few alterations on the ancient Norman customs, +readily granted them. But the French monarch had too much ambition +and genius to stop in his present career of success. He carried his +victorious army into the western provinces; soon reduced Anjou, Maine, +Touraine, and part of Poictou [x]; and in this manner the French +crown, during the reign of one able and active prince, received such +an accession of power and grandeur, as in the ordinary course of +things, it would have required several ages to attain. +[FN [w] Trivet. p. 147. Ypod. Neust. p. 459. [x] Trivet, p. 149.] + +John, on his arrival in England, that he might cover the disgrace of +his own conduct, exclaimed loudly against his barons, who, he +pretended, had deserted his standard in Normandy; and he arbitrarily +extorted from them a seventh of all their moveables, as a punishment +for the offence [y]. Soon after he forced them to grant him a scutage +of two marks and a half on each knight's fee for an expedition into +Normandy; but he did not attempt to execute the service for which he +pretended to exact it. Next year he summoned all the barons of his +realm to attend him on this foreign expedition, and collected ships +from all the sea-ports; but meeting with opposition from some of his +ministers, and abandoning his design, he dismissed both fleet and +army, and then renewed his exclamations against the barons for +deserting him. He next put to sea with a small army, and his subjects +believed that he was resolved to expose himself to the utmost hazard +for the defence and recovery of his dominions: but they were +surprised, after a few days, to see him return again into harbour, +without attempting any thing. [MN 1206.] In the subsequent season, +he had the courage to carry his hostile measures a step farther. Gui +de Thouars, who governed Britany, jealous of the rapid progress made +by his ally, the French king, promised to join the King of England +with all his forces; and John ventured abroad with a considerable +army, and landed at Rochelle. He marched to Angers, which he took and +reduced to ashes. But the approach of Philip with an army threw him +into a panic; and he immediately made proposals for peace, and fixed a +place of interview with his enemy: but instead of keeping his +engagement, he stole off with his army, embarked at Rochelle, and +returned, loaded with new shame and disgrace, into England. The +mediation of the pope, procured him at last a truce for two years with +the French monarch [z]; almost all the transmarine provinces were +ravished from him; and his English barons, though harassed with +arbitrary taxes and fruitless expeditions, saw themselves and their +country baffled and affronted in every enterprise. +[FN [y] M. Paris, p. 146. M. West. p. 265. [z] Rymer, vol. i. p. +141.] + +In an age when personal valour was regarded as the chief +accomplishment, such conduct as that of John, always disgraceful, must +be exposed to peculiar contempt; and he must thenceforth have expected +to rule his turbulent vassals with a very doubtful authority. But the +government exercised by the Norman princes had wound up the royal +power to so high a pitch, and so much beyond the usual tenour of the +feudal constitutions, that it still behoved him to be debased by new +affronts and disgraces, ere his barons could entertain the view of +conspiring against him, in order to retrench his prerogatives. The +church, which at that time declined not a contest with the most +powerful and vigorous monarchs, took first advantage of John's +imbecility; and, with the most aggravating circumstances of insolence +and scorn, fixed her yoke upon him. + +[MN 1207. The king’s quarrel with the court of Rome.] +The papal chair was then filled by Innocent III., who, having attained +that dignity at the age of thirty-seven years, and being endowed with +a lofty and enterprising genius, gave full scope to his ambition, and +attempted, perhaps more openly than any of his predecessors, to +convert that superiority which was yielded him by all the European +princes into a real dominion over them. The hierarchy, protected by +the Roman pontiff, had already carried to an enormous height its +usurpations upon the civil power; but in order to extend them farther, +and render them useful to the court of Rome, it was necessary to +reduce the ecclesiastics themselves under an absolute monarchy, and to +make them entirely dependent on their spiritual leader. For this +purpose, Innocent first attempted to impose taxes at pleasure upon the +clergy; and in the first year of this century, taking advantage of the +popular frenzy for crusades, he sent collectors over all Europe, who +levied, by his authority, the fortieth of all ecclesiastical revenues +for the relief of the Holy Land, and received the voluntary +contributions of the laity to a like amount [a]. The same year +Hubert, Archbishop of Canterbury, attempted another innovation, +favourable to ecclesiastical and papal power: in the king's absence, +he summoned, by his legatine authority, a synod of all the English +clergy, contrary to the inhibition of Geoffrey Fitz-Peter, the chief +justiciary; and no proper censure was ever passed on this +encroachment, the first of the kind, upon the royal power. But a +favourable incident soon after happened, which enabled so aspiring a +pontiff as Innocent to extend still farther his usurpations on so +contemptible a prince as John. +[FN [a] Rymer, vol. i. p. 119.] + +Hubert the primate died in 1205; and as the monks or canons of Christ- +Church, Canterbury, possessed a right of voting in the election of +their archbishop, some of the juniors of the order, who lay in wait +for that event, met clandestinely the very night of Hubert's death, +and, without any congé d'élire from the king, chose Reginald, their +sub-prior, for the successor; installed him in the archiepiscopal +throne before midnight; and, having enjoined him the strictest +secrecy, sent him immediately to Rome, in order to solicit the +confirmation of his election [b]. The vanity of Reginald prevailed +over his prudence; and he no sooner arrived in Flanders, than he +revealed to every one the purpose of his journey, which was +immediately known in England [c]. The king was enraged at the novelty +and temerity of the attempt, in filling so important an office without +his knowledge or consent: the suffragan bishops of Canterbury, who +were accustomed to concur in the choice of their primate, were no less +displeased at the exclusion given them in this election: the senior +monks of Christ-Church were injured by the irregular proceedings of +their juniors: the juniors themselves, ashamed of their conduct, and +disgusted with the levity of Reginald, who had broken his engagements +with them, were willing to set aside his election [d]: and all men +concurred in the design of remedying the false measures which had been +taken. But as John knew that this affair would be canvassed before a +superior tribunal, where the interposition of royal authority in +bestowing ecclesiastical benefices was very invidious; where even the +cause of suffragan bishops was not so favourable as that of monks; he +determined to make the new election entirely unexceptionable: he +submitted the affair wholly to the canons of Christ-Church, and, +departing from the right claimed by his predecessors, ventured no +farther than to inform them privately, that they would do him an +acceptable service if they chose John de Gray, Bishop of Norwich, for +their primate [e]. The election of that prelate was accordingly made +without a contradictory vote; and the king, to obviate all contests, +endeavoured to persuade the suffragan bishops not to insist on their +claim of concurring in the election; but those prelates, persevering +in their pretensions, sent an agent to maintain their cause before +Innocent; while the king and the convent of Christ-Church, despatched +twelve monks of that order to support, before the same tribunal, the +election of the Bishop of Norwich. +[FN [b] M. Paris, p. 148. M. West. p. 266. [c] Ibid. [d] M. West. +p. 266. [e] M. Paris, p. 149. M. West. p. 266.] + +Thus there lay three different claims before the pope, whom all +parties allowed to be the supreme arbiter in the contest. The claim +of the suffragans, being so opposite to the usual maxims of the papal +court, was soon set aside: the election of Reginald was so obviously +fraudulent and irregular, that there was no possibility of defending +it; but Innocent maintained that, though this election was null and +invalid, it ought previously to have been declared such by the +sovereign pontiff, before the monks could proceed to a new election; +and that the choice of the Bishop of Norwich was of course as +uncanonical as that of his competitor [f]. Advantage was therefore +taken of this subtlety for introducing a precedent, by which the see +of Canterbury, the most important dignity in the church after the +papal throne, should ever after be at the disposal of the court of +Rome. +[FN [f] M. Paris, p. 155. Chron. de Mailr. p. 182.] + +While the pope maintained so many fierce contests, in order to wrest +from princes the right of granting investitures, and to exclude laymen +from all authority in conferring ecclesiastical benefices, he was +supported by the united influence of the clergy, who, aspiring to +independence, fought with all the ardour of ambition, and all the zeal +of superstition, under his sacred banners. But no sooner was this +point, after a great effusion of blood, and the convulsions of many +states, established in some tolerable degree, than the victorious +leader, as is usual, turned his arms against his own community, and +aspired to centre all power in his person. By the invention of +reserves, provisions, commendants, and other devices, the pope +gradually assumed the right of filling vacant benefices; and the +plenitude of his apostolic power, which was not subject to any +limitations, supplied all defects of title in the person on whom he +bestowed preferment. The canons which regulated elections were +purposely rendered intricate and involved: frequent disputes arose +among candidates: appeals were every day carried to Rome: the +apostolic see, besides reaping pecuniary advantages from these +contests, often exercised the power of setting aside both the +litigants, and, on pretence of appeasing faction, nominated a third +person, who might be more acceptable to the contending parties. + +The present controversy about the election to the see of Canterbury +afforded Innocent an opportunity of claiming this right; and he failed +not to perceive and avail himself of the advantage. He sent for the +twelve monks deputed by the convent to maintain the cause of the +Bishop of Norwich; and commanded them, under the penalty of +excommunication, to choose for their primate Cardinal Langton, an +Englishman by birth, but educated in France, and connected, by his +interest and attachments, with the see of Rome [g]. [MN Cardinal +Langton appointed Archbishop of Canterbury.] In vain did the monks +represent, that they had received from their convent no authority for +this purpose; that an election, without a previous writ from the king, +would be deemed highly irregular; and that they were merely agents for +another person, whose right they had no power or pretence to abandon. +None of them had the courage to persevere in this opposition, except +one, Elias de Brantefield: all the rest, overcome by the menaces and +authority of the pope, complied with his orders, and made the election +required of them. +[FN [g] M. Paris, p. 155. Ann. Waverl. p. 169. W. Heming. p. 553. +Knyghton, p. 2415.] + +Innocent, sensible that this flagrant usurpation would be highly +resented by the court of England, wrote John a mollifying letter; sent +him four golden rings set with precious stones; and endeavoured to +enhance the value of the present by informing him of the many +mysteries implied in it. He begged him to consider seriously the FORM +of the rings, their NUMBER, their MATTER, and their COLOUR. Their +form, he said, being round, shadowed out eternity, which had neither +beginning nor end; and he ought thence to learn his duty of aspiring +from earthly objects to heavenly, from things temporal to things +eternal. The number four, being a square, denoted steadiness of mind, +not to be subverted either by adversity or prosperity, fixed for ever +on the firm basis of the four cardinal virtues. Gold, which is the +matter, being the most precious of metals, signified wisdom, which is +the most valuable of all accomplishments, and justly preferred by +Solomon to riches, power, and all exterior attainments. The blue +colour of the sapphire represented faith; the verdure of the emerald, +hope; the redness of the ruby, charity; and the splendour of the +topaz, good works [h]. By these conceits Innocent endeavoured to +repay John for one of the most important prerogatives of his crown, +which he had ravished from him; conceits probably admired by Innocent +himself: for it is easily possible for a man, especially in a +barbarous age, to unite strong talents for business with an absurd +taste for literature and the arts. +[FN [h] Rymer, vol. i. p. 139. M. Paris, p. 155.] + +John was inflamed with the utmost rage when he heard of this attempt +of the court of Rome [i]; and he immediately vented his passion on the +monks of Christ-Church, whom he found inclined to support the election +made by their fellows at Rome. He sent Fulke de Cantelupe, and Henry +de Cornhulle, two knights of his retinue, men of violent tempers and +rude manners, to expel them the convent, and take possession of their +revenues. These knights entered the monastery with drawn swords, +commanded the prior and the monks to depart the kingdom, and menaced +them, that, in case of disobedience, they would instantly burn them +with the convent [k]. Innocent, prognosticating, from the violence +and imprudence of these measures, that John would finally sink in the +contest, persevered the more vigorously in his pretensions, and +exhorted the king not to oppose God and the church any longer, nor to +prosecute that cause for which the holy martyr, St. Thomas, had +sacrificed his life, and which had exalted him equal to the highest +saints in heaven [l]: a clear hint to John to profit by the example of +his father; and to remember the prejudices and established principles +of his subjects, who bore a profound veneration to that martyr, and +regarded his merits as the subject of their chief glory and +exultation. +[FN [i] Rymer, vol. i. p. 143. [k] M. Paris, p. 156. Trivet, p. 151. +Ann. Waverl. p. 169. [l] M. Paris, p. 157.] + +Innocent, finding that John was not sufficiently tamed to submission, +sent three prelates, the Bishops of London, Ely, and Worcester, to +intimate, that if he persevered in his disobedience, the sovereign +pontiff would be obliged to lay the kingdom under an interdict [m]. +All the other prelates threw themselves on their knees before him, and +entreated him, with tears in their eyes, to prevent the scandal of +this sentence, by making a speedy submission to his spiritual father, +by receiving from his hands the new-elected primate, and by restoring +the monks of Christ-Church to all their rights and possessions. He +burst out into the most indecent invectives against the prelates; +swore by God's teeth, (his usual oath,) that if the pope presumed to +lay his kingdom under an interdict, he would send to him all the +bishops and clergy of England, and would confiscate all their estates; +and threatened that, if thenceforth he caught any Romans in his +dominions, he would put out their eyes and cut off their noses, in +order to set a mark upon them which might distinguish them from all +other nations [n]. Amidst all this idle violence, John stood on such +bad terms with his nobility, that he never dared to assemble the +states of the kingdom, who, in so just a cause, would probably have +adhered to any other monarch, and have defended with vigour the +liberties of the nation against these palpable usurpations of the +court of Rome. [MN Interdict of the kingdom.] Innocent, therefore, +perceiving the king's weakness, fulminated at last the sentence of +interdict, which he had for some time held suspended over him [o]. +[FN [m] Ibid. [n] Ibid. [o] M. Paris, p. 157. Trivet, p. 152. Ann. +Waverl. p. 170. M. West. p. 268.] + +The sentence of interdict was at that time the great instrument of +vengeance and policy employed by the court of Rome; was denounced +against sovereigns for the lightest offences; and made the guilt of +one person involve the ruin of millions, even in their spiritual and +eternal welfare. The execution of it was calculated to strike the +senses in the highest degree, and to operate with irresistible force +on the superstitious minds of the people. The nation was of a sudden +deprived of all exterior exercise of its religion: the altars were +despoiled of their ornaments: the crosses, the relics, the images, the +statues of the saints, were laid on the ground; and, as if the air +itself were profaned, and might pollute them by its contact, the +priests carefully covered them up, even from their own approach and +veneration. The use of bells entirely ceased in all the churches: the +bells themselves were removed from the steeples, and laid on the +ground with the other sacred utensils. Mass was celebrated with shut +doors, and none but the priests were admitted to that holy +institution. The laity partook of no religious rite, except baptism +to new-born infants, and the communion to the dying: the dead were not +interred in consecrated ground: they were thrown into ditches, or +buried in common fields; and their obsequies were not attended with +prayers or any hallowed ceremony. Marriage was celebrated in the +church-yard [p]; and that every action in life might bear the marks of +this dreadful situation, the people were prohibited the use of meat, +as in Lent, or times of the highest penance; were debarred from all +pleasures and entertainments; and were forbidden even to salute each +other, or so much as to shave their beards, and give any decent +attention to their person and apparel. Every circumstance carried +symptoms of the deepest distress, and of the most immediate +apprehension of divine vengeance and indignation. +[FN [p] Chron. Dunst. vol. i. p. 51.] + +The king, that he might oppose HIS temporal to THEIR spiritual +terrors, immediately, from his own authority, confiscated the estates +of all the clergy who obeyed the interdict [q]; banished the prelates, +confined the monks in their convent, and gave them only such a small +allowance from their own estates as would suffice to provide them with +food and raiment. He treated with the utmost rigour all Langton's +adherents, and every one that showed any disposition to obey the +commands of Rome; and in order to distress the clergy in the tenderest +point, and at the same time expose them to reproach and ridicule, he +threw into prison all their concubines, and required high fines as the +price of their liberty [r]. +[FN [q] Ann. Waverl. p. 170. [r] M. Paris, p. 158. Ann. Waverl. p. +170.] + +After the canons which established the celibacy of the clergy were, by +the zealous endeavours of Archbishop Anselm, more rigorously executed +in England, the ecclesiastics gave, almost universally, and avowedly, +in to the use of concubinage; and the court of Rome, which had no +interest in prohibiting this practice, made very slight opposition to +it. The custom was become so prevalent, that, in some cantons of +Switzerland, before the reformation, the laws not only permitted, but, +to avoid scandal, enjoined the use of concubines to the younger clergy +[s]; and it was usual every where for priests to apply to the +ordinary, and obtain from him a formal liberty for this indulgence. +The bishop commonly took care to prevent the practice from +degenerating into licentiousness: he confined the priest to the use of +one woman, required him to be constant to her bed, obliged him to +provide for her subsistence and that of her children; and though the +offspring was, in the eye of the law, deemed illegitimate, this +commerce was really a kind of inferior marriage, such as is still +practised in Germany among the nobles; and may be regarded by the +candid as an appeal from the tyranny of civil and ecclesiastical +institutions, to the more virtuous and more unerring laws of nature. +[FN [s] Padre Paolo, Hist. Conc. Trid. lib. I.] + +The quarrel between the king and the see of Rome continued for some +years; and though many of the clergy, from the fear of punishment, +obeyed the orders of John, and celebrated divine service, they +complied with the utmost reluctance, and were regarded, both by +themselves and the people, as men who betrayed their principles, and +sacrificed their conscience to temporal regards and interests. During +this violent situation, the king, in order to give a lustre to his +government, attempted military expeditions against Scotland, against +Ireland, against the Welsh [t]; and he commonly prevailed, more from +the weakness of his enemies, than from his own vigour or abilities. +Meanwhile, the danger to which his government stood continually +exposed from the discontents of the ecclesiastics increased his +natural propension to tyranny; and he seems to have even wantonly +disgusted all orders of men, especially his nobles, from whom alone he +could reasonably expect support and assistance. He dishonoured their +families by his licentious amours; he published edicts, prohibiting +them from hunting feathered game, and thereby restrained them from +their favourite occupation and amusement [u]; he ordered all the +hedges and fences near his forests to be levelled, that his deer might +have more ready access into the fields for pasture; and he continually +loaded the nation with arbitrary impositions. [MN 1208.] Conscious +of the general hatred which he had incurred, he required his nobility +to give him hostages for security of their allegiance; and they were +obliged to put into his hands their sons, nephews, or near relations. +When his messengers came with like orders to the castle of William de +Braouse, a baron of great note, the lady of that nobleman replied, +that she would never intrust her son into the hands of one who had +murdered his own nephew while in his custody. Her husband reproved +her for the severity of this speech; but, sensible of his danger, he +immediately fled with his wife and son into Ireland, where he +endeavoured to conceal himself. The king discovered the unhappy +family in their retreat; seized the wife and son, whom he starved to +death in prison; and the baron himself narrowly escaped, by flying +into France. +[FN [t] W. Heming. p. 556. Ypod. Neust, p. 460. Knyghton, p. 2420. +[u] M. West. p. 268.] + +[MN 1209.] The court of Rome had artfully contrived a gradation of +sentences, by which it kept offenders in awe; still affording them an +opportunity of preventing the next anathema by submission; and in case +of their obstinacy, was able to refresh the horror of the people +against them by new denunciations of the wrath and vengeance of +Heaven. As the sentence of interdict had not produced the desired +effect on John, and as his people, though extremely discontented, had +hitherto been restrained from rising in open rebellion against him, he +was soon to look for the sentence of excommunication; and he had +reason to apprehend, that, notwithstanding all his precautions, the +most dangerous consequences might ensue from it. He was witness of +the other scenes, which, at that very time, were acting in Europe, and +which displayed the unbounded and uncontrolled power of the papacy. +Innocent, far from being dismayed at his contests with the King of +England, had excommunicated the Emperor Otho, John's nephew [w]; and +soon brought that powerful and haughty prince to submit to his +authority. He published a crusade against the Abigenses, a species of +enthusiasts in the south of France, whom he denominated heretics, +because, like other enthusiasts, they neglected the rites of the +church, and opposed the power and influence of the clergy: the people +from all parts of Europe, moved by their superstition and their +passion for wars and adventures, flocked to his standard: Simon de +Montfort, the general of the crusade, acquired to himself a +sovereignty in these provinces: the Count of Toulouse, who protected, +or perhaps only tolerated the Albigenses, was stripped of his +dominions: and these sectaries themselves, though the most innocent +and inoffensive of mankind, were exterminated with all the +circumstances of extreme violence and barbarity. Here were therefore +both an army and a general, dangerous from their zeal and valour, who +might be directed to act against John; and Innocent, after keeping the +thunder long suspended, gave, at last, authority to the Bishops of +London, Ely, and Worcester, to fulminate the sentence of +excommunication against him [x]. [MN Excommunication of the king.] +These prelates obeyed; though their brethren were deterred from +publishing, as the pope required of them, the sentence in the several +churches of their dioceses. +[FN [w] M. Paris, p. 160. Trivet, p. 154. M. West. p. 269. [x] M. +Paris, p. 159. M. West. p. 270.] + +No sooner was the excommunication known, than the effects of it +appeared. Geoffrey, Archdeacon of Norwich, who was intrusted with a +considerable office in the court of exchequer, being informed of it +while sitting on the bench, observed to his colleagues the danger of +serving under an excommunicated king; and he immediately left his +chair, and departed the court. John gave orders to seize him, to +throw him into prison, to cover his head with a great leaden cope; +and, by this and other severe usage, he soon put an end to his life +[y]: nor was there any thing wanting to Geoffrey, except the dignity +and rank of Becket, to exalt him to an equal station in heaven with +that great and celebrated martyr. Hugh de Wells, the chancellor, +being elected by the king's appointment Bishop of Lincoln, upon a +vacancy in that see, desired leave to go abroad, in order to receive +consecration from the Archbishop of Rouen; but he no sooner reached +France than he hastened to Pontigny, where Langton then resided, and +paid submissions to him as his primate. The bishops, finding +themselves exposed either to the jealousy of the king or hatred of the +people, gradually stole out of the kingdom; and, at last, there +remained only three prelates to perform the functions of the episcopal +office [z]. Many of the nobility, terrified by John’s tyranny, and +obnoxious to him on different accounts, imitated the example of the +bishops; and most of the others who remained were, with reason, +suspected of having secretly entered into a confederacy against him +[a]. John was alarmed at his dangerous situation; a situation which +prudence, vigour, and popularity might formerly have prevented, but +which no virtues or abilities were now sufficient to retrieve. He +desired a conference with Langton at Dover; offered to acknowledge him +as primate, to submit to the pope, to restore the exiled clergy, even +to pay them a limited sum as a compensation for the rents of their +confiscated estates. But Langton, perceiving his advantage, was not +satisfied with these concessions: he demanded that full restitution +and reparation should be made to all the clergy; a condition so +exorbitant, that the king, who probably had not the power of +fulfilling it, and who foresaw that this estimation of damages might +amount to an immense sum, finally broke off the conference [b]. +[FN [y] M. Paris, p. 159. [z] Ann. Waverl. p. 170. Ann. Marg. p. 14. +[a] M. Paris, p. 162. M. West. p. 270, 271. [b] Ann. Waverl. p. +171.] + +[MN 1212.] The next gradation of papal sentences was to absolve +John's subjects from their oaths of fidelity and allegiance, and to +declare every one excommunicated who had any commerce with him in +public or in private; at his table, in his council, or even in private +conversation [c]; and this sentence was accordingly, with all +imaginable solemnity, pronounced against him. But as John still +persevered in his contumacy, there remained nothing but the sentence +of deposition; which, though intimately connected with the former, had +been distinguished from it by the artifice of the court of Rome; and +Innocent determined to dart this last thunderbolt against the +refractory monarch. But as a sentence of this kind required an armed +force to execute it, the pontiff, casting his eyes around, fixed at +last on Philip, King of France, as the person into whose powerful hand +he could most properly intrust that weapon, the ultimate resource of +his ghostly authority. And he offered the monarch, besides the +remission of all his sins and endless spiritual benefits, the property +and possession of the kingdom of England, as the reward of his labour +[d]. +[FN [c] M. Paris, p. 161. M. West. p. 270. [d] M. Paris, p. 162. M. +West. p. 271.] + +[MN 1213.] It was the common concern of all princes to oppose these +exorbitant pretensions of the Roman pontiff, by which they themselves +were rendered vassals, and vassals totally dependent, of the papal +crown: yet even Philip, the most able monarch of the age, was seduced +by present interest, and by the prospect of so tempting a prize, to +accept this liberal offer of the pontiff, and thereby to ratify that +authority which, if he ever opposed its boundless usurpations, might, +next day, tumble him from the throne. He levied a great army; +summoned all the vassals of the crown to attend him at Rouen; +collected a fleet of seventeen hundred vessels, great and small, in +the sea-ports of Normandy and Picardy; and partly from the zealous +spirit of the age, partly from the personal regard universally paid +him, prepared a force, which seemed equal to the greatness of his +enterprise. The king, on the other hand, issued out writs, requiring +the attendance of all his military tenants at Dover, and even of all +able-bodied men, to defend the kingdom in this dangerous extremity. A +great number appeared; and he selected an army of sixty thousand men; +a power invincible, had they been united in affection to their prince, +and animated with a becoming zeal for the defence of their native +country [e]. But the people were swayed by superstition, and regarded +their king with horror, as anathematized by papal censures: the +barons, besides lying under the same prejudices, were all disgusted by +his tyranny, and were, many of them, suspected of holding a secret +correspondence with the enemy; and the incapacity and cowardice of the +king himself, ill fitted to contend with those mighty difficulties, +made men prognosticate the most fatal effects from the French +invasion. +[FN [e] M. Paris, p. 163. M. West. p. 271.] + +Pandolf, whom the pope had chosen for his legate, and appointed to +head this important expedition, had, before he left Rome, applied for +a secret conference with his master, and had asked him, whether, if +the King of England, in this desperate situation, were willing to +submit to the apostolic see, the church should, without the consent of +Philip, grant him any terms of accommodation [f]! Innocent, expecting +from his agreement with a prince so abject both in character and +fortune, more advantages than from his alliance with a great and +victorious monarch, who, after such mighty acquisitions, might become +too haughty to be bound by spiritual chains, explained to Pandolf the +conditions on which he was willing to be reconciled to the King of +England. The legate, therefore, as soon as he arrived in the north of +France, sent over two Knights Templars to desire an interview with +John at Dover, which was readily granted: he there represented to him, +in such strong and probably in such true colours, his lost condition, +the disaffection of his subjects, the secret combination of his +vassals against him, the mighty armament of France, that John yielded +at discretion [g], and subscribed to all the conditions which Pandolf +was pleased to impose upon him. [MN 13th May. The king’s submission +to the pope.] He promised, among other articles, that he would submit +himself entirely to the judgment of the pope; that he would +acknowledge Langton for primate; that he would restore all the exiled +clergy and laity, who had been banished on account of the contest; +that he would make them full restitution of their goods, and +compensation for all damages, and instantly consign eight thousand +pounds in part of payment; and that every one outlawed or imprisoned +for his adherence to the pope should immediately be received into +grace and favour [h]. Four barons swore, along with the king, to the +observance of this ignominious treaty [i]. +[FN [f] M. Paris, p. 162. [g] M. West. p. 271. [h] Rymer, vol. i. p. +166. M. Paris, p. 163. Annal. Burt. p. 268. [i] Rymer, vol. i. p. +170. M. Paris, p. 163.] + +But the ignominy of the king was not yet carried to its full height. +Pandolf required him, as the first trial of obedience, to resign his +kingdom to the church; and he persuaded him, that he could nowise so +effectually disappoint the French invasion as by thus putting himself +under the immediate protection of the apostolic see. John, lying +under the agonies of present terror, made no scruple of submitting to +this condition. He passed a charter, in which he said, that, not +constrained by fear, but of his own free will, and by the common +advice and consent of his barons, he had, for remission of his own +sins, and those of his family, resigned England and Ireland, to God, +to St. Peter and St. Paul, and to Pope Innocent and his successors in +the apostolic chair: he agreed to hold these dominions as feudatory of +the church of Rome, by the annual payment of a thousand marks; seven +hundred for England, three hundred for Ireland: and he stipulated that +if he or his successors should ever presume to revoke or infringe this +charter, they should instantly, except upon admonition they repented +of their offence, forfeit all right to their dominions [k]. +[FN [k] Rymer, vol. i. p. 176. M. Paris, p. 165.] + +[MN 15th May.] In consequence of this agreement, John did homage to +Pandolf, as the pope's legate, with all the submissive rites which the +feudal law required of vassals before their liege lord and superior. +He came disarmed into the legate's presence, who was seated on a +throne; he flung himself on his knees before him; he lifted up his +joined hands, and put them within those of Pandolf; he swore fealty to +the pope; and he paid part of the tribute which he owed for his +kingdom as the patrimony of St. Peter. The legate, elated by this +supreme triumph of sacerdotal power, could not forbear discovering +extravagant symptoms of joy and exultation: he trampled on the money, +which was laid at his feet as an earnest of the subjection of the +kingdom; an insolence of which, however offensive to all the English, +no one present, except the Archbishop of Dublin, dared to take any +notice. But though Pandolf had brought the king to submit to these +base conditions, he still refused to free him from the excommunication +and interdict, till an estimation should be taken of the losses of the +ecclesiastics, and full compensation and restitution should be made +them. + +John, reduced to this abject situation under a foreign power, still +showed the same disposition to tyrannize over his subjects, which had +been the chief cause of all his misfortunes. One Peter of Pomfret, a +hermit, had foretold that the king, this very year, should lose his +crown; and for that rash prophecy he had been thrown into prison in +Corfe-castle. John now determined to bring him to punishment as an +impostor; and though the man pleaded that his prophecy was fulfilled, +and that the king had lost the royal and independent crown which he +formerly wore, the defence was supposed to aggravate his guilt: he was +dragged at horses' tails to the town of Warham, and there hanged on a +gibbet with his son [l]. +[FN [l] M. Paris, p. 165. Chron. Dunst. vol. i. p. 56.] + +When Pandolf, after receiving the homage of John, returned to France, +he congratulated Philip on the success of his pious enterprise; and +informed him that John, moved by the terror of the French arms, had +now come to a just sense of his guilt; had returned to obedience under +the apostolic see, and even consented to do homage to the pope for his +dominions; and having thus made his kingdom a part of St. Peter's +patrimony, had rendered it impossible for any Christian prince, +without the most manifest and most flagrant impiety, to attack him +[m]. Philip was enraged on receiving this intelligence: he exclaimed +that having, at the pope’s instigation, undertaken an expedition, +which had cost him above sixty thousand pounds sterling, he was +frustrated of his purpose, at the time when its success was become +infallible: he complained that all the expense had fallen upon him; +all the advantages had accrued to Innocent: he threatened to be no +longer the dupe of these hypocritical pretences; and, assembling his +vassals, he laid before them the ill-treatment which he had received, +exposed the interested and fraudulent conduct of the pope, and +required their assistance to execute his enterprise against England, +in which he told them, that, notwithstanding the inhibitions and +menaces of the legate, he was determined to persevere. The French +barons were, in that age, little less ignorant and superstitious than +the English: yet, so much does the influence of those religious +principles depend on the present dispositions of men, they all vowed +to follow their prince on his intended expedition, and were resolute +not to be disappointed of that glory and those riches which they had +long expected from this enterprise. The Earl of Flanders alone, who +had previously formed a secret treaty with John, declaring against the +injustice and impiety of the undertaking, retired with his forces [n]; +and Philip, that he might not leave so dangerous an enemy behind him, +first turned his arms against the dominions of that prince. +Meanwhile, the English fleet was assembled under the Earl of +Salisbury, the king's natural brother; and though inferior in number, +received orders to attack the French in their harbours. Salisbury +performed this service with so much success, that he took three +hundred ships; destroyed a hundred more [o]; and Philip, finding it +impossible to prevent the rest from falling into the hands of the +enemy, set fire to them himself, and thereby rendered it impossible +for him to proceed any farther in his enterprise. +[FN [m] Trivet, p. 160. [n] M. Paris, p. 166. [o] Ibid. p. 166. +Chron. Dunst, vol. i. p. 59. Trivet, p. 157.] + +John, exulting in his present security, insensible to his past +disgrace, was so elated with this success, that he thought of no less +than invading France in his turn, and recovering all those provinces +which the prosperous arms of Philip had formerly ravished from him. +He proposed this expedition to the barons, who were already assembled +for the defence of the kingdom. But the English nobles both hated and +despised their prince: they prognosticated no success to any +enterprise conducted by such a leader; and pretending that their time +of service was elapsed, and all their provisions exhausted, they +refused to second his undertaking [p]. The king, however, resolute in +his purpose, embarked with a few followers, and sailed to Jersey, in +the foolish expectation that the barons would at last be ashamed to +stay behind [q]. But finding himself disappointed, he returned to +England; and, raising some troops, threatened to take vengeance on all +his nobles for their desertion and disobedience. The Archbishop of +Canterbury, who was in a confederacy with the barons, here interposed; +strictly inhibited the king from thinking of such an attempt; and +threatened him with a renewal of the sentence of excommunication, if +he pretended to levy war upon any of his subjects, before the kingdom +were freed from the sentence of interdict [r]. +[FN [p] M. Paris, p. 166. [q] M. Paris, p. 166. [r] Ibid. p. 167.] + +The church had recalled the several anathemas pronounced against John, +by the same gradual progress with which she had at first issued them. +By receiving his homage, and admitting him to the rank of a vassal, +his deposition had been virtually annulled, and his subjects were +again bound by their oaths of allegiance. The exiled prelates had +then returned in great triumph, with Langton at their head; and the +king, hearing of their approach, went forth to meet them, and throwing +himself on the ground before them, he entreated them, with tears, to +have compassion on him and the kingdom of England [s]. [MN July.] +The primate, seeing these marks of sincere penitence, led him to the +chapter-house of Winchester, and there administered an oath to him, by +which he again swore fealty and obedience to Pope Innocent and his +successors; promised to love, maintain, and defend holy church and the +clergy; engaged that he would re-establish the good laws of his +predecessors, particularly those of St. Edward, and would abolish the +wicked ones; and expressed his resolution of maintaining justice and +right in all his dominions [t]. The primate next gave him absolution +in the requisite forms, and admitted him to dine with him, to the +great joy of all the people. The sentence of interdict, however, was +still upheld against the kingdom. A new legate, Nicholas, Bishop of +Frescati, came into England in the room of Pandolf; and he declared it +to be the pope's intentions never to loosen that sentence till full +restitution were made to the clergy of every thing taken from them, +and ample reparation for all damages which they had sustained. He +only permitted mass to be said with a low voice in the churches, till +those losses and damages could be estimated to the satisfaction of the +parties. Certain barons were appointed to take an account of the +claims; and John was astonished at the greatness of the sums to which +the clergy made their losses to amount. No less than twenty thousand +marks were demanded by the monks of Canterbury alone; twenty-three +thousand for the see of Lincoln; and the king, finding these +pretensions to be exorbitant and endless, offered the clergy the sum +of a hundred thousand marks for a final acquittal. The clergy +rejected the offer with disdain; but the pope, willing to favour his +new vassal, whom he found zealous in his declarations of fealty, and +regular in paying the stipulated tribute to Rome, directed his legate +to accept of forty thousand. The issue of the whole was, that the +bishops and considerable abbots got reparation beyond what they had +any title to demand; the inferior clergy were obliged to sit down +contented with their losses; and the king, after the interdict was +taken off, renewed, in the most solemn manner, and by a new charter, +sealed with gold, his professions of homage and obedience to the see +of Rome. +[FN [s] Ibid. p. 166. Ann. Waverl. p. 178. [t] M. Paris, p. 166.] + +[MN 1214.] When this vexatious affair was at last brought to a +conclusion, the king, as if he had nothing farther to attend to but +triumphs and victories, went over to Poictou, which still acknowledged +his authority [u]; and he carried war into Philip's dominions. He +besieged a castle near Angiers; but the approach of Prince Lewis, +Philip's son, obliged him to raise the siege with such precipitation, +that he left his tents, machines, and baggage behind him; and he +returned to England with disgrace. About the same time he heard of +the great and decisive victory gained by the King of France at Bovines +over the Emperor Otho, who had entered France at the head of a hundred +and fifty thousand Germans; a victory which established for ever the +glory of Philip, and gave full security to all his dominions. John +could, therefore, think henceforth of nothing farther than of ruling +peaceably his own kingdom; and his close connexions with the pope, +which he was determined at any price to maintain, ensured him, as he +imagined, the certain attainment of that object. But the last and +most grievous scene of this prince’s misfortunes still awaited him; +and he was destined to pass through a series of more humiliating +circumstances than had ever yet fallen to the lot of any other +monarch. +[FN [u] Queen Eleanor died in 1203 or 1204.] + +[MN Discontents of the barons.] +The introduction of the feudal law into England by William the +Conqueror had much infringed the liberties, however imperfect, enjoyed +by the Anglo-Saxons in their ancient government, and had reduced the +whole people to a state of vassalage under the king or barons, and +even the greater part of them to a state of real slavery. The +necessity also of intrusting great power in the hands of a prince, who +was to maintain military dominion over a vanquished nation, had +engaged the Norman barons to submit to a more severe and absolute +prerogative than that to which men of their rank, in other feudal +governments, were commonly subjected. The power of the crown, once +raised to a high pitch, was not easily reduced; and the nation, during +the course of a hundred and fifty years, was governed by an authority +unknown, in the same degree, to all the kingdoms founded by the +northern conquerors. Henry I., that he might allure the people to +give an exclusion to his elder brother Robert, had granted them a +charter, favourable in many particulars to their liberties; Stephen +had renewed the grant; Henry II. had confirmed it: but the concessions +of all these princes had still remained without effect; and the same +unlimited, at least irregular authority, continued to be exercised +both by them and their successors. The only happiness was, that arms +were never yet ravished from the hands of the barons and people: the +nation, by a great confederacy, might still vindicate its liberties; +and nothing was more likely than the character, conduct, and fortunes +of the reigning prince to produce such a general combination against +him. Equally odious and contemptible, both in public and private +life, he affronted the barons by his insolence, dishonoured their +families by his gallantries, enraged them by his tyranny, and gave +discontent to all ranks of men by his endless exactions and +impositions [w]. The effect of these lawless practices had already +appeared in the general demand made by the barons of a restoration of +their privileges; and after he had reconciled himself to the pope, by +abandoning the independence of the kingdom, he appeared to all his +subjects in so mean a light, that they universally thought they might +with safety and honour insist upon their pretensions. +[FN [w] Chron Mailr. p. 188. T. Wykes, p. 36. Ann. Waverl. p. 181. +W. Heming. p. 557.] + +But nothing forwarded this confederacy so much as the concurrence of +Langton, Archbishop of Canterbury; a man whose memory, though he was +obtruded on the nation by a palpable encroachment of the see of Rome, +ought always to be respected by the English. This prelate, whether he +was moved by the generosity of his nature and his affection to public +good; or had entertained an animosity against John on account of the +long opposition made by that prince to his election; or thought that +an acquisition of liberty to the people would serve to increase and +secure the privileges of the church; had formed the plan of reforming +the government, and had prepared the way for that great innovation, by +inserting those singular clauses above-mentioned in the oath which he +administered to the king, before he would absolve him from the +sentence of excommunication. Soon after, in a private meeting of some +principal barons at London, he showed them a copy of Henry I.'s +charter, which, he said, he had happily found in a monastery; and he +exhorted them to insist on the renewal and observance of it: the +barons swore, that they would sooner lose their lives than depart from +so reasonable a demand [x]. The confederacy began now to spread +wider, and to comprehend almost all the barons in England; and a new +and more numerous meeting was summoned by Langton at St. Edmondsbury, +under colour of devotion. [MN Nov. 1.] He again produced to the +assembly the old charter of Henry; renewed his exhortations of +unanimity and vigour in the prosecution of their purpose; and +represented in the strongest colours the tyranny to which they had so +long been subjected, and from which it now behoved them to free +themselves and their posterity [y]. The barons, inflamed by his +eloquence, incited by the sense of their own wrongs, and encouraged by +the appearance of their power and numbers, solemnly took an oath, +before the high altar, to adhere to each other, to insist on their +demands, and to make endless war on the king, till he should submit to +grant them [z]. They agreed that, after the festival of Christmas, +they would prefer in a body their common petition; and, in the mean +time, they separated, after mutually engaging that they would put +themselves in a posture of defence, would enlist men and purchase +arms, and would supply their castles with the necessary provisions. +[FN [x] M. Paris, p. 167. [y] M. Paris, p. 175. [z] Ibid. p. 176.] + +[MN 1215. 6th Jan.] +The barons appeared in London on the day appointed, and demanded of +the king, that, in consequence of his own oath before the primate, as +well as in deference to their just rights, he should grant them a +renewal of Henry's charter, and a confirmation of the laws of St. +Edward. The king, alarmed with their zeal and unanimity, as well as +with their power, required a delay; promised that, at the festival of +Easter, he would give them a positive answer to their petition; and +offered them the Archbishop of Canterbury, the Bishop of Ely, and the +Earl of Pembroke, the mareschal, as sureties for his fulfilling this +engagement [a]. The barons accepted of the terms, and peaceably +returned to their castles. +[FN [a] Ibid. p. 176. M. West. p. 273.] + +[MN 15th Jan.] During this interval, John, in order to break or +subdue the league of his barons, endeavoured to avail himself of the +ecclesiastical power, of whose influence he had, from his own recent +misfortunes, had such fatal experience. He granted to the clergy a +charter, relinquishing for ever that important prerogative, for which +his father and all his ancestors had zealously contended; yielding to +them the free election on all vacancies; reserving only the power to +issue a congé d'élire, and to subjoin a confirmation of the election; +and declaring that, if either of these were withheld, the choice +should nevertheless be deemed just and valid [b]. He made a vow to +lead an army into Palestine against the infidels, and he took on him +the cross; in hopes that he should receive from the church that +protection which she tendered to every one that had entered into this +sacred and meritorious engagement [c]. And he sent to Rome his agent, +William de Mauclerc, in order to appeal to the pope against the +violence of his barons, and procure him a favourable sentence from +that powerful tribunal [d]. The barons also were not negligent on +their part in endeavouring to engage the pope in their interests: they +despatched Eustace de Vescie to Rome; laid their case before Innocent +as their feudal lord: and petitioned him to interpose his authority +with the king, and oblige him to restore and confirm all their just +and undoubted privileges [e]. +[FN [b] Rymer, vol. i. p. 197. [c] Rymer, vol. i. p. 200. Trivet, p. +162. T. Wykes, p. 37. M. West. p. 273. [d] Rymer, vol. i. p. 184. +[e] Ibid.] + +Innocent beheld with regret the disturbances which had arisen in +England, and was much inclined to favour John in his pretensions. He +had no hopes of retaining and extending his newly-acquired superiority +over that kingdom, but by supporting so base and degenerate a prince, +who was willing to sacrifice every consideration to his present +safety: and he foresaw that, if the administration should fall into +the hands of those gallant and high-spirited barons, they would +vindicate the honour, liberty, and independence of the nation, with +the same ardour which they now exerted in defence of their own. He +wrote letters therefore to the prelates, to the nobility, and to the +king himself. He exhorted the first to employ their good offices in +conciliating peace between the contending parties, and putting an end +to civil discord: to the second he expressed his disapprobation of +their conduct in employing force to extort concessions from their +reluctant sovereign: the last he advised to treat his nobles with +grace and indulgence, and to grant them such of their demands as +should appear just and reasonable [f]. +[FN [f] Ibid. p. 196, 197.] + +The barons easily saw, from the tenour of these letters, that they +must reckon on having the pope, as well as the king, for their +adversary; but they had already advanced too far to recede from their +pretensions, and their passions were so deeply engaged, that it +exceeded even the power of superstition itself any longer to control +them. They also foresaw, that the thunders of Rome, when not seconded +by the efforts of the English ecclesiastics, would be of small avail +against them; and they perceived that the most considerable of the +prelates, as well as all the inferior clergy, professed the highest +approbation of their cause. Besides that these men were seized with +the national passion for laws and liberty, blessings of which they +themselves expected to partake, there concurred very powerful causes +to loosen their devoted attachment to the apostolic see. It appeared +from the late usurpations of the Roman pontiff, that he pretended to +reap alone all the advantages accruing from that victory which, under +his banners, though at their own peril, they had every where obtained +over the civil magistrate. The pope assumed a despotic power over all +the churches: their particular customs, privileges, and immunities, +were treated with disdain: even the canons of general councils were +set aside by his dispensing power: the whole administration of the +church was centered in the court of Rome: all preferments ran of +course in the same channel: and the provincial clergy saw, at least +felt, that there was a necessity for limiting these pretensions. The +legate, Nicholas, in filling those numerous vacancies which had fallen +in England during an interdict of six years, had proceeded in the most +arbitrary manner; and had paid no regard, in conferring dignities, to +personal merit, to rank, to the inclination of the electors, or to the +customs of the country. The English church was universally disgusted; +and Langton himself, though he owed his elevation to an encroachment +of the Romish see, was no sooner established in his high office than +he became jealous of the privileges annexed to it, and formed +attachments with the country subjected to his jurisdiction. These +causes, though they opened slowly the eyes of men, failed not to +produce their effect: they set bounds to the usurpations of the +papacy: the tide first stopped, and then turned against the sovereign +pontiff: and it is otherwise inconceivable how that age, so prone to +superstition, and so sunk in ignorance, or rather so devoted to a +spurious erudition, could have escaped falling into an absolute and +total slavery under the court of Rome. + +[MN 1215. Insurrection of the barons.] +About the time that the pope's letters arrived in England, the +malecontent barons, on the approach of the festival of Easter, when +they were to expect the king's answer to their petition, met by +agreement at Stamford; and they assembled a force, consisting of above +two thousand knights, besides their retainers and inferior persons +without number. [MN 27th April.] Elated with their power, they +advanced in a body to Brackley, within fifteen miles of Oxford, the +place where the court then resided; and they there received a message +from the king, by the Archbishop of Canterbury and the Earl of +Pembroke, desiring to know what those liberties were which they so +zealously challenged from their sovereign. They delivered to these +messengers a schedule containing the chief articles of their demands; +which was no sooner shown to the king than he burst into a furious +passion, and asked why the barons did not also demand of him his +kingdom? swearing that he would never grant them such liberties as +must reduce himself to slavery [g]. +[FN [g] M. Paris, p. 176.] + +No sooner were the confederated nobles informed of John's reply than +they chose Robert Fitz-Walter their general, whom they called THE +MARESCHAL OF THE ARMY OF GOD AND OF HOLY CHURCH; and they proceeded +without farther ceremony to levy war upon the king. They besieged the +castle of Northampton during fifteen days, though without success [h]: +the gates of Bedford castle were willingly opened to them by William +Beauchamp, its owner: [MN 24th May.] they advanced to Ware in their +way to London, where they held a correspondence with the principal +citizens: they were received without opposition into that capital: and +finding now the great superiority of their force, they issued +proclamations, requiring the other barons to join them; and menacing +them, in case of refusal or delay, with committing devastation on +their houses and estates [i]. In order to show what might be expected +from their prosperous arms, they made incursions from London, and laid +waste the king's parks and palaces; and all the barons, who had +hitherto carried the semblance of supporting the royal party, were +glad of this pretence for openly joining a cause which they always had +secretly favoured. The king was left at Odiham in Hampshire, with a +poor retinue of only seven knights; and after trying several +expedients to elude the blow, after offering to refer all differences +to the pope alone, or to eight barons, four to be chosen by himself, +and four by the confederates [k], he found himself at last obliged to +submit at discretion. +[FN [h] Ibid. p. 177. Chron. Dunst. vol. i. p. 71. [i] M. Paris, p. +177. [k] Rymer, vol. i. p. 200.] + +[MN 15th June. Magna Charta.] +A conference between the king and the barons was appointed at +Runnemede, between Windsor and Staines; a place which has ever since +been extremely celebrated on account of this great event. The two +parties encamped apart, like open enemies; and after a debate of a few +days, the king, with a facility somewhat suspicious, signed and sealed +the charter which was required of him. [MN 19th June.] This famous +deed, commonly called the GREAT CHARTER, either granted or secured +very important liberties and privileges to every order of men in the +kingdom; to the clergy, to the barons, and to the people. + +The freedom of elections was secured to the clergy; the former charter +of the king was confirmed, by which the necessity of a royal congé' +d'élire and confirmation was superseded: all check upon appeals to +Rome was removed, by the allowance granted every man to depart the +kingdom at pleasure: and the fines to be imposed on the clergy for any +offence were ordained to be proportional to their lay estates, not to +their ecclesiastical benefices. + +The privileges granted to the barons were either abatements in the +rigour of the feudal law, or determinations in points which had been +left by that law, or had become, by practice, arbitrary and ambiguous. +The reliefs of heirs succeeding to a military fee were ascertained; an +earl's and baron's at a hundred marks, a knight's at a hundred +shillings. It was ordained by the charter, that, if the heir be a +minor, he shall immediately, upon his majority, enter upon his estate, +without paying any relief: the king shall not sell his wardship: he +shall levy only reasonable profits upon the estate, without committing +waste, or hurting the property: he shall uphold the castles, houses, +mills, parks, and ponds: and if he commit the guardianship of the +estate to the sheriff or any other, he shall previously oblige them to +find surety to the same purpose. During the minority of a baron, +while his lands are in wardship, and are not in his own possession, no +debt which he owes to the Jews shall bear any interest. Heirs shall +be married without disparagement; and before the marriage be +contracted, the nearest relations of the person shall be informed of +it. A widow, without paying any relief, shall enter upon her dower, +the third part of her husband's rents: she shall not be compelled to +marry, so long as she chooses to continue single; she shall only give +security never to marry without her lord's consent. The king shall +not claim the wardship of any minor who hold lands by military tenure +of a baron, on pretence that he also holds lands of the crown by +soccage or any other tenure. Scutages shall be estimated at the same +rate as in the time of Henry I.; and no scutage or aid, except in the +three general feudal cases, the king's captivity, the knighting of his +eldest son, and the marrying of his eldest daughter, shall be imposed +but by the great council of the kingdom: the prelates, earls, and +great barons, shall be called to this great council, each by a +particular writ; the lesser barons by a general summons of the +sheriff. The king shall not seize any baron's land for a debt to the +crown, if the baron possesses as many goods and chattels as are +sufficient to discharge the debt. No man shall be obliged to perform +more service for his fee than he is bound to by his tenure. No +governor or constable of a castle shall oblige any knight to give +money for castle-guard, if the knight be willing to perform the +service in person, or by another able-bodied man; and if the knight be +in the field himself, by the king's command, he shall be exempted from +all other service of this nature. No vassal shall be allowed to sell +so much of his land as to incapacitate himself from performing his +service to his lord. + +These were the principal articles calculated for the interest of the +barons; and had the charter contained nothing farther, national +happiness and liberty had been very little promoted by it, as it would +only have tended to increase the power and independence of an order of +men who were already too powerful, and whose yoke might have become +more heavy on the people than even that of an absolute monarch. But +the barons, who alone drew and imposed on the prince this memorable +charter, were necessitated to insert in it other clauses of a more +extensive and more beneficent nature: they could not expect the +concurrence of the people without comprehending, together with their +own, the interests of inferior ranks of men; and all provisions which +the barons, for their own sake, were obliged to make, in order to +ensure the free and equitable administration of justice, tended +directly to the benefit of the whole community. The following were +the principal clauses of this nature. + +It was ordained, that all the privileges and immunities above- +mentioned, granted to the barons against the king, should be extended +by the barons to their inferior vassals. The king bound himself not +to grant any writ, empowering a baron to levy aids from his vassals, +except in the three feudal cases. One weight and one measure shall be +established throughout the kingdom. Merchants shall be allowed to +transact all business, without being exposed to any arbitrary tolls +and impositions; they and all freemen shall be allowed to go out of +the kingdom and return to it at pleasure: London, and all cities and +burghs, shall preserve their ancient liberties, immunities, and free +customs: aids shall not be required of them but by the consent of the +great council: no towns or individuals shall be obliged to make or +support bridges but by ancient custom: the goods of every freeman +shall be disposed of according to his will: if he die intestate, his +heirs shall succeed to them. No officer of the crown shall take any +horses, carts, or wood, without the consent of the owner. The king's +courts of justice shall be stationary, and shall no longer follow his +person: they shall be open to every one; and justice shall no longer +be sold, refused, or delayed by them. Circuits shall be regularly +held every year: the inferior tribunals of justice, the county court, +sheriff's turn, and court leet, shall meet at their appointed time and +place: the sheriffs shall be incapacitated to hold pleas of the crown, +and shall not put any person upon his trial from rumour or suspicion +alone, but upon the evidence of lawful witnesses. No freeman shall be +taken or imprisoned, or dispossessed of his free tenement and +liberties, or outlawed, or banished, or anywise hurt or injured, +unless by the legal judgment of his peers, or by the law of the land; +and all who suffered otherwise, in this or the two former reigns, +shall be restored to their rights and possessions. Every freeman +shall be fined in proportion to his fault; and no fine shall be levied +on him to his utter ruin: even a villain or rustic shall not, by any +fine, be bereaved of his carts, ploughs, and implements of husbandry. +This was the only article calculated for the interests of this body of +men, probably at that time the most numerous in the kingdom. + +It must be confessed, that the former articles of the great charter +contain such mitigations and explanations of the feudal law as are +reasonable and equitable; and that the latter involve all the chief +outlines of a legal government, and provide for the equal distribution +of justice and free enjoyment of property; the great objects for which +political society was at first founded by men, which the people have a +perpetual and unalienable right to recall, and which no time, nor +precedent, nor statute, nor positive institution, ought to deter them +from keeping ever uppermost in their thoughts and attention. Though +the provisions made by this charter might, conformably to the genius +of the age, be esteemed too concise, and too bare of circumstances, to +maintain the execution of its articles, in opposition to the chicanery +of lawyers, supported by the violence of power; time gradually +ascertained the sense of all the ambiguous expressions; and those +generous barons who first extorted this concession still held their +swords in their hands, and could turn them against those who dared, on +any pretence, to depart from the original spirit and meaning of the +grant. We may now, from the tenour of this charter, conjecture what +those laws were of King Edward, which the English nation, during so +many generations, still desired, with such an obstinate perseverance, +to have recalled and established. They were chiefly these latter +articles of MAGNA CHARTA; and the barons who, at the beginning of +these commotions, demanded the revival of the Saxon laws, undoubtedly +thought that they had sufficiently satisfied the people, by procuring +them this concession, which comprehended the principal objects to +which they had so long aspired. But what we are most to admire is, +the prudence and moderation of those haughty nobles themselves, who +were enraged by injuries, inflamed by opposition, and elated by a +total victory over their sovereign. They were content, even in this +plenitude of power, to depart from some articles of Henry I.’s +charter, which they made the foundation of their demands, particularly +from the abolition of wardships, a matter of the greatest importance; +and they seem to have been sufficiently careful not to diminish too +far the power and revenue of the crown. If they appear, therefore, to +have carried other demands to too great a height, it can be ascribed +only to the faithless and tyrannical character of the king himself, of +which they had long had experience, and which, they foresaw, would, if +they provided no farther security, lead him soon to infringe their new +liberties, and revoke his own concessions. This alone gave birth to +those other articles, seemingly exorbitant, which were added as a +rampart for the safeguard of the great charter. + +The barons obliged the king to agree that London should remain in +their hands, and the Tower be consigned to the custody of the primate, +till the fifteenth of August ensuing, or till the execution of the +several articles of the great charter [l]. The better to ensure the +same end, he allowed them to choose five-and-twenty members from their +own body, as conservators of the public liberties; and no bounds were +set to the authority of these men either in extent or duration. If +any complaint were made of a violation of the charter, whether +attempted by the king, justiciaries, sheriffs, or foresters, any four +of these barons might admonish the king to redress the grievance: if +satisfaction were not obtained, they could assemble the whole council +of twenty-five, who, in conjunction with the great council, were +empowered to compel him to observe the charter, and, in case of +resistance, might levy war against him, attack his castles, and employ +every kind of violence, except against his royal person, and that of +his queen and children. All men throughout the kingdom were bound, +under the penalty of confiscation, to swear obedience to the twenty- +five barons; and the freeholders of each county were to choose twelve +knights, who were to make report of such evil customs as required +redress, conformably to the tenour of the great charter [m]. The +names of those conservators were, the Earls of Clare, Albemarle, +Gloucester, Winchester, Hereford, Roger Bigod, Earl of Norfolk, Robert +de Vere, Earl of Oxford, William Mareschal the younger, Robert +Fitz-Walter, Gilbert de Clare, Eustace de Vescey, Gilbert Delaval, +William de Mowbray, Geoffrey de Say, Roger de Mombezon, William de +Huntingfield, Robert de Ros, the constable of Chester, William de +Aubenie, Richard de Perci, William Malet, John Fitz-Robert, William de +Lanvalay, Hugh de Bigod, and Roger de Montfichet [n]. These men were, +by this convention, really invested with the sovereignty of the +kingdom: they were rendered co-ordinate with the king, or rather +superior to him, in the exercise of the executive power: and as there +was no circumstance of government which, either directly or +indirectly, might not bear a relation to the security or observance of +the great charter, there could scarcely occur any incident in which +they might not lawfully interpose their authority. +[FN [l] Rymer, vol. i. p. 201. Chron. Dunst vol. i. p. 73. [m] This +seems a very strong proof that the House of Commons was not then in +being; otherwise the knights and burgesses from the several counties +could have given in to the Lords a list of grievances, without so +unusual an election. [n] M. Paris, p. 181.] + +John seemed to submit passively to all these regulations, however +injurious to majesty: he sent writs to all the sheriffs, ordering them +to constrain every one to swear obedience to the twenty-five barons +[o]: he dismissed all his foreign forces: he pretended that his +government was thenceforth to run in a new tenour, and be more +indulgent to the liberty and independence of his people. But he only +dissembled, till he should find a favourable opportunity for annulling +all his concessions. The injuries and indignities which he had +formerly suffered from the pope and the King of France, as they came +from equals or superiors, seemed to make but small impression on him: +but the sense of this perpetual and total subjection under his own +rebellious vassals sunk deep in his mind, and he was determined, at +all hazards, to throw off so ignominious a slavery [p]. He grew +sullen, silent, and reserved: he shunned the society of his courtiers +and nobles: he retired into the Isle of Wight, as if desirous of +hiding his shame and confusion; but in this retreat he meditated the +most fatal vengeance against all his enemies [q]. He secretly sent +abroad his emissaries to enlist foreign soldiers, and to invite the +rapacious Brabancons into his service, by the prospect of sharing the +spoils of England, and reaping the forfeitures of so many opulent +barons, who had incurred the guilt of rebellion by rising in arms +against him [r]: and he despatched a messenger to Rome, in order to +lay before the pope the great charter, which he had been compelled to +sign, and to complain, before that tribunal, of the violence which had +been imposed upon him [s]. +[FN [o] Ibid. p. 182. [p] M. Paris, p. 183. [q] Ibid. [r] Ibid. +Chron. Dunst. vol. i. p.72. Chron. Malr. p. 188. [s] M. Paris, p. +183. Chron. Dunst. vol. i. p. 73.] + +Innocent, considering himself as feudal lord of the kingdom, was +incensed at the temerity of the barons, who, though they pretended to +appeal to his authority, had dared, without waiting for his consent, +to impose such terms on a prince, who, by resigning to the Roman +pontiff his crown and independence, had placed himself immediately +under the papal protection. He issued, therefore, a bull, in which, +from the plenitude of his apostolic power, and from the authority +which God had committed to him, to build and destroy kingdoms, to +plant and overthrow, he annulled and abrogated the whole charter, as +unjust in itself, as obtained by compulsion, and as derogatory to the +dignity of the apostolic see. He prohibited the barons from exacting +the observance of it: he even prohibited the king himself from paying +any regard to it: he absolved him and his subjects from all oaths +which they had been constrained to take to that purpose: and he +pronounced a general sentence of excommunication against every one who +should persevere in maintaining such treasonable and iniquitous +pretensions [t]. +[FN [t] Rymer, vol. i. p. 203, 204, 205, 208. M. Paris, p. 184, 185, +187.] + +[MN Renewal of the civil wars.] +The king, as his foreign forces arrived along with this bull, now +ventured to take off the mask; and, under sanction of the pope's +decree, recalled all the liberties which he had granted to his +subjects, and which he had solemnly sworn to observe. But the +spiritual weapon was found, upon trial, to carry less force with it +than he had reason from his own experience to apprehend. The primate +refused to obey the pope in publishing the sentence of excommunication +against the barons: and though he was cited to Rome, that he might +attend a general council there assembled, and was suspended, on +account of his disobedience to the pope, and his secret correspondence +with the king’s enemies [u]; though a new and particular sentence of +excommunication was pronounced by name against the principal barons +[w]; John still found, that his nobility and people, and even his +clergy, adhered to the defence of their liberties, and to their +combination against him: the sword of his foreign mercenaries was all +he had to trust to for restoring his authority. +[FN [u] M. Paris, p. 189. [w] Rymer, vol. i. p. 211. M. Paris, p. +192.] + +The barons, after obtaining the great charter, seem to have been +lulled into a fatal security, and to have taken no rational measures, +in case of the introduction of a foreign force, for reassembling their +armies. The king was, from the first, master of the field; and +immediately laid siege to the castle of Rochester, which was +obstinately defended by William de Aubenie, at the head of a hundred +and forty knights with their retainers, but was at last reduced by +famine. [MN 30th Nov.] John, irritated with the resistance, intended +to have hanged the governor and all the garrison; but, on the +representation of William de Mauleon, who suggested to him the danger +of reprisals, he was content to sacrifice, in this barbarous manner, +the inferior prisoners only [x]. The captivity of William de Aubenie, +the best officer among the confederated barons, was an irreparable +loss to their cause; and no regular opposition was thenceforth made to +the progress of the royal arms. The ravenous and barbarous +mercenaries, incited by a cruel and enraged prince, were let loose +against the estates, tenants, manors, houses, parks of the barons, and +spread devastation over the face of the kingdom. Nothing was to be +seen but the flames of villages and castles reduced to ashes, the +consternation and misery of the inhabitants, tortures exercised by the +soldiery to make them reveal their concealed treasures, and reprisals +no less barbarous committed by the barons and their partisans on the +royal demesnes, and on the estates of such as still adhered to the +crown. The king, marching through the whole extent of England, from +Dover to Berwick, laid the provinces waste on each side of him; and +considered every estate, which was not his immediate property, as +entirely hostile, and the object of military execution. The nobility +of the north, in particular, who had shown the greatest violence in +the recovery of their liberties, and who, acting in a separate body, +had expressed their discontent even at the concessions made by the +great charter, as they could expect no mercy, fled before him with +their wives and families, and purchased the friendship of Alexander, +the young King of Scots, by doing homage to him. +[FN [x] M. Paris, p. 187.] + +[MN Prince Lewis called over.] +The barons, reduced to this desperate extremity, and menaced with the +total loss of their liberties, their properties, and their lives, +employed a remedy no less desperate; and making applications to the +court of France, they offered to acknowledge Lewis, the eldest son of +Philip, for their sovereign, on condition that he would afford them +protection from the violence of their enraged prince. Though the +sense of the common rights of mankind, the only rights that are +entirely indefeasible, might have justified them in the deposition of +their king; they declined insisting, before Philip, on a pretension +which is commonly so disagreeable to sovereigns, and which sounds +harshly in the royal ears. They affirmed, that John was incapable of +succeeding to the crown, by reason of the attainder passed upon him +during his brother's reign; though that attainder had been reversed, +and Richard. had even, by his last will, declared him his successor. +They pretended that he was already legally deposed by sentence of the +Peers of France, on account of the murder of his nephew; though that +sentence could not possibly regard any thing but his transmarine +dominions, which alone he held in vassalage to that crown. On more +plausible grounds they affirmed, that he had already deposed himself +by doing homage to the pope, changing the nature of his sovereignty, +and resigning an independent crown for a fee under a foreign power. +And as Blanche of Castile, the wife of Lewis, was descended by her +mother from Henry II., they maintained, though many other princes +stood before her in the order of succession, that they had not shaken +off the royal family, in choosing her husband for their sovereign. + +Philip was strongly tempted to lay hold on the rich prize which was +offered to him. The legate menaced interdicts and excommunications, +if he invaded the patrimony of St. Peter, or attacked a prince who was +under the immediate protection of the holy see [y]: but as Philip was +assured of the obedience of his own vassals, his principles were +changed with the times, and he now undervalued as much all papal +censures, as he formerly pretended to pay respect to them. His chief +scruple was with regard to the fidelity which he might expect from the +English barons in their new engagements, and the danger of intrusting +his son and heir into the hands of men, who might, on any caprice or +necessity, make peace with their native sovereign, by sacrificing a +pledge of so much value. He therefore exacted from the barons twenty- +five hostages of the most noble birth in the kingdom [z]; and having +obtained this security, he sent over first a small army to the relief +of the confederates; then more numerous forces, which arrived with +Lewis himself at their head. +[FN [y] M. Paris, p. 194. M. West. p. 275. [z] M. Paris, p. 193. +Chron. Dunst. vol. i. p. 74.] + +The first effect of the young prince's appearance in England was the +desertion of John's foreign troops, who, being mostly levied in +Flanders, and other provinces of France, refused to serve against the +heir of their monarchy [a]. The Gascons and Poictevins alone, who +were still John's subjects, adhered to his cause; but they were too +weak to maintain that superiority in the field which they had hitherto +supported against the confederated barons. Many considerable noblemen +deserted John’s party, the Earls of Salisbury, Arundel, Warrenne, +Oxford, Albemarle, and William Mareschal the younger: his castles fell +daily into the hands of the enemy; Dover was the only place which, +from the valour and fidelity of Hubert de Burgh, the governor, made +resistance to the progress of Lewis [b]: and the barons had the +melancholy prospect of finally succeeding in their purpose, and of +escaping the tyranny of their own king, by imposing on themselves and +the nation a foreign yoke. But this union was of short duration +between the French and English nobles: and the imprudence of Lewis, +who, on every occasion, showed too visible a preference to the former, +increased that jealousy which it was so natural for the latter to +entertain in their present situation [c]. The Viscount of Melun, too, +it is said, one of his courtiers, fell sick at London, and finding the +approaches of death, he sent for some of his friends among the English +barons, and warning them of their danger, revealed Lewis’s secret +intentions of exterminating them and their families as traitors to +their prince, and of bestowing their estates and dignities on his +native subjects, in whose fidelity he could more reasonably place +confidence [d]: this story, whether true or false, was universally +reported and believed; and concurring with other circumstances which +rendered it credible, did great prejudice to the cause of Lewis. The +Earl of Salisbury, and other noblemen, deserted again to John's party +[e]; and as men easily change sides in a civil war, especially where +their power is founded on an hereditary and independent authority, and +is not derived from the opinion and favour of the people, the French +prince had reason to dread a sudden reverse of fortune. The king was +assembling a considerable army, with a view of fighting one great +battle for his crown; but passing from Lynn to Lincolnshire, his road +lay along the sea-shore, which was overflowed at high water; and not +choosing the proper time for his journey, he lost in the inundation +all his carriages, treasure, baggage, and regalia. The affliction +for this disaster, and vexation from the distracted state of his +affairs, increased the sickness under which he then laboured; and +though he reached the castle of Newark, he was obliged to halt there, +[MN 17th Oct. Death,] and his distemper soon after put an end to his +life, in the forty-ninth year of his age, and eighteenth of his reign; +and freed the nation from the dangers to which it was equally exposed +by his success or by his misfortunes. +[FN [a] M. Paris, p. 195. [b] M. Paris, p. 198. Chron. Dunst. vol. +i. p. 75, 76. [c] W. Heming. p. 559. [d] M. Paris, p. 199. M. West. +p. 277. [e] Chron. Dunst. vol. i. p. 76.] + +[MN and character of the king.] The character of this prince is +nothing but a complication of vices, equally mean and odious; ruinous +to himself, and destructive to his people. Cowardice, inactivity, +folly, levity, licentiousness, ingratitude, treachery, tyranny, and +cruelty; all these qualities appear too evidently in the several +incidents of his life, to give us room to suspect that the +disagreeable picture has been anywise overcharged by the prejudices of +the ancient historians. It is hard to say whether his conduct to his +father, his brother, his nephew, or his subjects, was most culpable; +or whether his crimes, in these respects, were not even exceeded by +the baseness which appeared in his transactions with the King of +France, the pope, and the barons. His European dominions, when they +devolved to him by the death of his brother, were more extensive than +have ever, since his time, been ruled by an English monarch; but he +first lost, by his misconduct, the flourishing provinces in France, +the ancient patrimony of his family: he subjected his kingdom to a +shameful vassalage under the see of Rome: he saw the prerogatives of +his crown diminished by law, and still more reduced by faction: and he +died at last, when in danger of being totally expelled by a foreign +power, and of either ending his life miserably in prison, or seeking +shelter, as a fugitive, from the pursuit of his enemies. + +The prejudices against this prince were so violent, that he was +believed to have sent an embassy to the Miramoulin, or Emperor of +Morocco, and to have offered to change his religion and become +Mahometan, in order to purchase the protection of that monarch. But +though this story is told us, on plausible authority, by Matthew Paris +[f], it is in itself utterly improbable; except that there is nothing +so incredible but may be believed to proceed from the folly and +wickedness of John. +[FN [f] P. 169.] + +The monks throw great reproaches on this prince for his impiety and +even infidelity; and as an instance of it, they tell us, that having +one day caught a very fat stag, he exclaimed, HOW PLUMP AND WELL FED +IS THIS ANIMAL! AND YET, I DARE SWEAR, HE NEVER HEARD MASS [g]. This +sally of wit upon the usual corpulency of the priests, more than all +his enormous crimes and iniquities, made him pass with them for an +atheist. + +John left two legitimate sons behind him; Henry, born on the first of +October, 1207, and now nine years of age; and Richard, born on the +sixth of January, 1209; and three daughters; Jane, afterwards married +to Alexander King of Scots; Eleanor, married first to William +Mareschal the younger, Earl of Pembroke, and then to Simon Mountfort, +Earl of Leicester; and Isabella, married to the Emperor Frederic II. +All these children were born to him by Isabella of Angoulesme, his +second wife. His illegitimate children were numerous, but none of +them were anywise distinguished. + +It was this king who, in the ninth year of his reign, first gave by +charter, to the city of London, the right of electing, annually, a +mayor out of its own body, an office which was till now held for life. +He gave the city also power to elect and remove its sheriffs at +pleasure, and its common-councilmen annually. London-bridge was +finished in this reign. The former bridge was of wood. Maud, the +empress, was the first that built a stone bridge in England. +[FN [g] M. Paris, p. 170.] + + + + +APPENDIX II. + +THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. + +ORIGIN OF THE FEUDAL LAW.--ITS PROGRESS.--FEUDAL GOVERNMENT OF +ENGLAND.--THE FEUDAL PARLIAMENT.--THE COMMONS.--JUDICAL POWER.-- +REVENUE OF THE CROWN.--COMMERCE.--THE CHURCH.--CIVIL LAWS.--MANNERS. + + + +The feudal law is the chief foundation, both of the political +government and of the jurisprudence established by the Normans in +England. Our subject therefore requires, that we should form a just +idea of this law, in order to explain the state, as well of that +kingdom, as of all other kingdoms of Europe, which, during those ages, +were governed by similar institutions. And though I am sensible, that +I must here repeat many observations and reflections which have been +communicated by others [a]; yet, as every book, agreeably to the +observation of a great historian [b], should be as complete as +possible within itself, and should never refer, for any thing +material, to other books, it will be necessary, in this place, to +deliver a short plan of that prodigious fabric, which, for several +centuries, preserved such a mixture of liberty and oppression, order +and anarchy, stability and revolution, as was never experienced in any +other age, or any other part of the world. +[FN [a] L'Esprit des Loix. Dr. Robertson's History of Scotland. [b] +Padre Paolo, Hist. Conc. Trid.] + +[MN Origin of the feudal law.] +After the northern nations had subdued the provinces of the Roman +empire, they were obliged to establish a system of government which +might secure their conquests, as well against the revolt of their +numerous subjects, who remained in the provinces, as from the inroads +of other tribes, who might be tempted to ravish from them their new +acquisitions. The great change of circumstances made them here depart +from those institutions which prevailed among them while they remained +in the forests of Germany; yet it was still natural for them to +retain, in their present settlement, as much of their ancient customs +as was compatible with their new situation. + +The German governments, being more a confederacy of independent +warriors than a civil subjection, derived their principal force from +many inferior and voluntary associations, which individuals formed +under a particular head or chieftain, and which it became the highest +point of honour to maintain with inviolable fidelity. The glory of +the chief consisted in the number, the bravery, and the zealous +attachment of his retainers: the duty of the retainers required, that +they should accompany their chief in all wars and dangers, that they +should fight and perish by his side, and that they should esteem his +renown or his favour a sufficient recompense for all their services +[c]. The prince himself was nothing but a great chieftain, who was +chosen from among the rest on account of his superior valour or +nobility; and who derived his power from the voluntary association or +attachment of the other chieftains. +[FN [c] Tacit. de Mor. Germ.] + +When a tribe, governed by these ideas, and actuated by these +principles, subdued a large territory, they found, that though it was +necessary to keep themselves in a military posture, they could neither +remain united in a body, nor take up their quarters in several +garrisons, and that their manners and institutions debarred them from +using these expedients; the obvious ones, which, in a like situation, +would have been employed by a more civilized nation. Their ignorance +in the art of finances, and perhaps the devastations inseparable from +such violent conquests, rendered it impracticable for them to levy +taxes sufficient for the pay of numerous armies; and their repugnance +to subordination, with their attachment to rural pleasures, made the +life of the camp or garrison, if perpetuated during peaceful times, +extremely odious and disgustful to them. They seized, therefore, such +a portion of the conquered lands as appeared necessary; they assigned +a share for supporting the dignity of their prince and government; +they distributed other parts, under the title of fiefs, to the chiefs; +these made a new partition among their retainers: the express +condition of all these grants was, that they might be resumed at +pleasure, and that the possessor, so long as he enjoyed them, should +still remain in readiness to take the field for the defence of the +nation. And though the conquerors immediately separated, in order to +enjoy their new acquisitions, their martial disposition made them +readily fulfil the terms of their engagement: they assembled on the +first alarm; their habitual attachment to the chieftain made them +willingly submit to his command; and thus a regular military force, +though concealed, was always ready to defend, on any emergence, the +interest and honour of the community. + +We are not to imagine that all the conquered lands were seized by the +northern conquerors; or that the whole of the land thus seized was +subjected to those military services. This supposition is confuted by +the history of all the nations on the continent. Even the idea given +us of the German manners by the Roman historian may convince us, that +that bold people would never have been content with so precarious a +subsistence, or have fought to procure establishments which were only +to continue during the good pleasure of their sovereign. Though the +northern chieftains accepted of lands, which, being considered as a +kind of military pay, might be resumed at the will of the king or +general; they also took possession of estates, which being hereditary +and independent, enabled them to maintain their native liberty, and +support, without court favour, the honour of their rank and family. + +[MN Progress of the feudal law.] +But there is a great difference, in the consequences, between the +distribution of a pecuniary subsistence, and the assignment of lands +burdened with the condition of military service. The delivery of the +former, at the weekly, monthly, or annual terms of payment, still +recalls the idea of a voluntary gratuity from the prince, and reminds +the soldier of the precarious tenure by which he holds his commission. +But the attachment naturally formed with a fixed portion of land +gradually begets the idea of something like property, and makes the +possessor forget his dependent situation, and the condition which was +at first annexed to the grant. It seemed equitable that one who had +cultivated and sowed a field should reap the harvest: hence fiefs, +which were at first entirely precarious, were soon made annual. A man +who had employed his money in building, planting, or other +improvements, expected to reap the fruits of his labour or expense: +hence they were next granted during a term of years. It would be +thought hard to expel a man from his possessions, who had always done +his duty, and performed the conditions on which he originally received +them: hence the chieftains, in a subsequent period, thought themselves +entitled to demand the enjoyment of their feudal lands during life. +It was found that a man would more willingly expose himself in battle, +if assured that his family should inherit his possessions, and should +not be left by his death in want and poverty: hence fiefs were made +hereditary in families, and descended, during one age, to the son, +then to the grandson, next to the brothers, and afterwards to more +distant relations [d]. The idea of property stole in gradually upon +that of military pay; and each century made some sensible addition to +the stability of fiefs and tenures. +[FN [d] Lib. Feud. lib. I. tit. 1.] + +In all these successive acquisitions, the chief was supported by his +vassals; who, having originally a strong connexion with him, augmented +by the constant intercourse of good offices, and by the friendship +arising from vicinity and dependence, were inclined to follow their +leader against all his enemies, and voluntarily, in his private +quarrels, paid him the same obedience, to which, by their tenure, they +were bound in foreign wars. While he daily advanced new pretensions +to secure the possession of his superior fief, they expected to find +the same advantage, in acquiring stability to their subordinate ones; +and they zealously opposed the intrusion of a new lord, who would be +inclined, as he was fully entitled, to bestow the possession of their +lands on his own favourites and retainers. Thus the authority of the +sovereign gradually decayed; and each noble, fortified in his own +territory by the attachment of his vassals, became too powerful to be +expelled by an order from the throne; and he secured by law what he +had at first acquired by usurpation. + +During this precarious state of the supreme power, a difference would +immediately be experienced between those portions of territory which +were subjected to the feudal tenures, and those which were possessed +by an allodial or free title. Though the latter possessions had at +first been esteemed much preferable, they were soon found, by the +progressive changes introduced into public and private law, to be of +an inferior condition to the former. The possessors of a feudal +territory, united by a regular subordination under one chief, and by +the mutual attachments of the vassals, had the same advantages over +the proprietors of the other, that a disciplined army enjoys over a +dispersed multitude; and were enabled to commit with impunity all +injuries on their defenceless neighbours. Every one, therefore, +hastened to seek that protection which he found so necessary; and each +allodial proprietor, resigning his possessions into the hands of the +king, or of some nobleman respected for power or valour, received them +back with the condition of feudal services [e], which, though a burden +somewhat grievous, brought him ample compensation, by connecting him +with the neighbouring proprietors, and placing him under the +guardianship of a potent chieftain. The decay of the political +government thus necessarily occasioned the extension of the feudal: +the kingdoms of Europe were universally divided into baronies, and +these into inferior fiefs: and the attachment of vassals to their +chief, which was at first an essential part of the German manners, was +still supported by the same causes from which it at first arose; the +necessity of mutual protection, and the continued intercourse between +the head and the members, of benefits and services. +[FN [e] Marculf. Form. 47. apud Lindenbr. p. 1238.] + +But there was another circumstance which corroborated these feudal +dependencies, and tended to connect the vassals with their superior +lord by an indissoluble bond of union. The northern conquerors, as +well as the more early Greeks and Romans, embraced a policy which is +unavoidable to all nations that have made slender advances in +refinement: they every where united the civil jurisdiction with the +military power. Law, in its commencement, was not an intricate +science, and was more governed by maxims of equity, which seem +obvious to common sense, than by numerous and subtle principles, +applied to a variety of cases by profound reasonings from analogy. An +officer, though he had passed his life in the field, was able to +determine all legal controversies which could occur within the +district committed to his charge; and his decisions were the most +likely to meet with a prompt and ready obedience, from men who +respected his person, and were accustomed to act under his command. +The profit arising from punishments, which were then chiefly +pecuniary, was another reason for his desiring to retain the judicial +power; and when his fief became hereditary, this authority, which was +essential to it, was also transmitted to his posterity. The counts +and other magistrates, whose power was merely official, were tempted, +in imitation of the feudal lords, whom they resembled in so many +particulars, to render their dignity perpetual and hereditary; and in +the decline of the regal power, they found no difficulty in making +good their pretensions. After this manner, the vast fabric of feudal +subordination became quite solid and comprehensive; it formed every +where an essential part of the political constitution; and the Norman +and other barons, who followed the fortunes of William, were so +accustomed to it that they could scarcely form an idea of any other +species of civil government [f]. +[FN [f] The ideas of the feudal government were so rooted, that even +lawyers, in those ages, could not form a notion of any other +Constitution REGNUM (says Bracton, lib. 2. cap. 34.) QUOD EX +COMITATIBUS ET BARONIBUS DICITUR ESSE CONSTITUTUM.] + +The Saxons who conquered England, as they exterminated the ancient +inhabitants, and thought themselves secured by the sea against new +invaders, found it less requisite to maintain themselves in a military +posture: the quantity of land which they annexed to offices seems to +have been of small value; and for that reason continued the longer in +its original situation, and was always possessed during pleasure by +those who were intrusted with the command. These conditions were too +precarious to satisfy the Norman barons, who enjoyed more independent +possessions and jurisdictions in their own country; and William was +obliged, in the new distribution of land, to copy the tenures which +were now become universal on the continent. England of a sudden +became a feudal kingdom [g]; and received all the advantages, and was +exposed to all the inconveniences, incident to that species of civil +polity. +[FN [g] Coke, Comm. on Lit. p. 1, 2. ad sect. 1.] + +[MN The feudal government of England.] +According to the principles of the feudal law, the king was the +supreme lord of the landed property: all possessors, who enjoyed the +fruits or revenue of any part of it, held those privileges, either +mediately or immediately, of him; and their property was conceived to +be in some degree conditional [h]. The land was still apprehended to +be a species of BENEFICE, which was the original conception of a +feudal property; and the vassal owed, in return for it, stated +services to his baron, as the baron himself did for his land to the +crown. The vassal was obliged to defend his baron in war; and the +baron, at the head of his vassals, was bound to fight in defence of +the king and kingdom. But besides these military services, which were +casual, there were others imposed of a civil nature, which were more +constant and durable. +[FN [h] Somner of Gavelk. p. 109. Smith de Rep. lib. 3. cap. 10.] + +The northern nations had no idea that any man, trained up to honour, +and inured to arms, was ever to be governed, without his own consent, +by the absolute will of another; or that the administration of justice +was ever to be exercised by the private opinion of any one magistrate, +without the concurrence of some other persons, whose interest might +induce them to check his arbitrary and iniquitous decisions. The +king, therefore, when he found it necessary to demand any service of +his barons or chief tenants, beyond what was due by their tenures, was +obliged to assemble them in order to obtain their CONSENT: and when it +was necessary to determine any controversy which might arise among the +barons themselves, the question must be discussed in their presence, +and be decided according to their opinion or ADVICE. In these two +circumstances of consent and advice consisted chiefly the civil +services of the ancient barons; and these implied all the considerable +incidents of government. In one view, the barons regarded this +attendance as their principal PRIVILEGE; in another, as a grievous +BURDEN. That no momentous affairs could be transacted without their +consent and advice was in GENERAL esteemed the great security of their +possessions and dignities: but as they reaped no immediate profit from +their attendance at court, and were exposed to great inconvenience and +charge by an absence from their own estates, every one was glad to +exempt himself from each PARTICULAR exertion of this power; and was +pleased both that the call for that duty should seldom return upon +him, and that others should undergo the burden in his stead. The +king, on the other hand, was usually anxious, for several reasons, +that the assembly of the barons should be full at every stated or +casual meeting: this attendance was the chief badge of their +subordination to his crown, and drew them from that independence which +they were apt to affect in their own castles and manors; and where the +meeting was thin or ill attended, its determinations had less +authority, and commanded not so ready an obedience from the whole +community. + +The case was the same with the barons in their courts, as with the +king in the supreme council of the nation. It was requisite to +assemble the vassals, in order to determine by their vote any question +which regarded the barony; and they sat along with the chief in all +trials, whether civil or criminal, which occurred within the limits of +their jurisdiction. They were bound to pay suit and service at the +court of their baron: and as their tenure was military, and +consequently honourable, they were admitted into his society, and +partook of his friendship. Thus, a kingdom was considered only as a +great barony, and a barony as a small kingdom. The barons were peers +to each other in the national council, and, in some degree, companions +to the king: the vassals were peers to each other in the court of +barony, and companions to their baron [i]. +[FN [i] Du Cange, Gloss. in verb. PAR Cujac. Commun. in Lib. Feud. +lib. I. tit. p. 18. Spellm. Gloss. in verb.] + +But though this resemblance so far took place, the vassals, by the +natural course of things, universally, in the feudal constitutions, +fell into a greater subordination under the baron, than the baron +himself under his sovereign; and these governments had a necessary +and infallible tendency to augment the power of the nobles. The great +chief, residing in his country-seat, which he was commonly allowed to +fortify, lost, in a great measure, his connexion or acquaintance with +the prince; and added every day new force to his authority over the +vassals of the barony. They received from him education in all +military exercises: his hospitality invited them to live and enjoy +society in his hall: their leisure, which was great, made them +perpetual retainers on his person, and partakers of his country sports +and amusements: they had no means of gratifying their ambition but by +making a figure in his train: his favour and countenance was their +greatest honour: his displeasure exposed them to contempt and +ignominy: and they felt every moment the necessity of his protection, +both in the controversies which occurred with other vassals, and, what +was more material, in the daily inroads and injuries which were +committed by the neighbouring barons. During the time of general war, +the sovereign, who marched at the head of his armies, and was the +great protector of the state, always acquired some accession to his +authority, which he lost during the intervals of peace and +tranquillity: but the loose police, incident to the feudal +constitutions, maintained a perpetual, though secret hostility, +between the several members of the state; and the vassals found no +means of securing themselves against the injuries to which they were +continually exposed, but by closely adhering to their chief, and +falling into a submissive dependence upon him. + +If the feudal government was so little favourable to the true liberty +even of the military vassal, it was still more destructive of the +independence and security of the other members of the state, or what, +in a proper sense, we call the people. A great part of them were +SERFS, and lived in a state of absolute slavery or villanage: the +other inhabitants of the country paid their rents in services, which +were in a great measure arbitrary; and they could expect no redress of +injuries, in a court of barony, from men who thought they had a right +to oppress and tyrannize over them. The towns were situated either +within the demesnes of the king, or the lands of the great barons, and +were almost entirely subjected to the absolute will of their master. +The languishing state of commerce kept the inhabitants poor and +contemptible; and the political institutions were calculated to render +that poverty perpetual. The barons and gentry, living in rustic +plenty and hospitality, gave no encouragement to the arts, and had no +demand for any of the more elaborate manufactures: every profession +was held in contempt but that of arms: and if any merchant or +manufacturer rose by industry and frugality to a degree of opulence, +he found himself but the more exposed to injuries, from the envy and +avidity of the military nobles. + +These concurring causes gave the feudal governments so strong a bias +towards aristocracy, that the royal authority was extremely eclipsed +in all the European states; and, instead of dreading the growth of +monarchical power, we might rather expect, that the community would +every where crumble into so many independent baronies, and lose the +political union by which they were cemented. In elective monarchies, +the event was commonly answerable to this expectation; and the barons, +gaining ground on every vacancy of the throne, raised themselves +almost to a state of sovereignty, and sacrificed to their power both +the rights of the crown and the liberties of the people. But +hereditary monarchies had a principle of authority which was not so +easily subverted; and there were several causes which still maintained +a degree of influence in the hands of the sovereign. + +The greatest baron could never lose view entirely of those principles +of the feudal constitution which bound him, as a vassal, to submission +and fealty towards his prince; because he was every moment obliged to +have recourse to those principles, in exacting fealty and submission +from his own vassals. The lesser barons, finding that the +annihilation of royal authority left them exposed, without protection, +to the insults and injuries of more potent neighbours, naturally +adhered to the crown, and promoted the execution of general and equal +laws. The people had still a stronger interest to desire the grandeur +of the sovereign; and the king, being the legal magistrate, who +suffered by every internal convulsion or oppression, and who regarded +the great nobles as his immediate rivals, assumed the salutary office +of general guardian or protector of the Commons. Besides the +prerogatives with which the law invested him, his large demesnes and +numerous retainers rendered him, in one sense, the greatest baron in +his kingdom; and where he was possessed of personal vigour and +abilities, (for his situation required these advantages,) he was +commonly able to preserve his authority, and maintain his station as +head of the community, and the chief fountain of law and justice. + +The first kings of the Norman race were favoured by another +circumstance, which preserved them from the encroachments of their +barons. They were generals of a conquering army, which was obliged to +continue in a military posture, and to maintain great subordination +under their leader, in order to secure themselves from the revolt of +the numerous natives, whom they had bereaved of all their properties +and privileges. But though this circumstance supported the authority +of William and his immediate successors, and rendered them extremely +absolute, it was lost as soon as the Norman barons began to +incorporate with the nation, to acquire a security in their +possessions, and to fix their influence over their vassals, tenants, +and slaves: and the immense fortunes which the Conqueror had bestowed +on his chief captains served to support their independence, and make +them formidable to their sovereign. + +He gave, for instance, to Hugh de Abrincis, his sister's son, the +whole county of Chester, which he erected into a palatinate, and +rendered by his grant almost independent of the crown [k]. Robert, +Earl of Mortaigne, had 973 manors and lordships: Allan, Earl of +Britany and Richmond, 442: Odo, Bishop of Baieux, 439 [l]: Geoffrey, +Bishop of Coutance, 280 [m]: Walter Giffard, Earl of Buckingham, 107: +William, Earl Warrenne, 298, besides 28 towns or hamlets in Yorkshire: +Todenei, 81: Roger Bigod, 123: Robert, Earl of Eu, 119: Roger +Mortimer, 132, besides several hamlets: Robert de Stafford, 130: +Walter de Eurus, Earl of Salisbury, 46: Geoffrey de Mandeville, 118: +Richard de Clare, 171: Hugh de Beauchamp, 47: Baldwin de Ridvers, 164: +Henry de Ferrars, 222: William de Percy, 119 [n]: Norman d'Arcy, 33 +[o]. Sir Henry Spellman computes, that, in the large county of +Norfolk, there were not, in the Conqueror's time, above sixty-six +proprietors of land [p]. Men, possessed of such princely revenues and +jurisdictions, could not long be retained in the rank of subjects. +The great Earl Warrenne, in a subsequent reign, when he was questioned +concerning his right to the lands which he possessed, drew his sword, +which he produced as his title; adding, that William the Bastard did +not conquer the kingdom himself; but that the barons, and his ancestor +among the rest, were joint adventurers in the enterprise [q]. +[FN [k] Camd. in Chesh. Spellm. Gloss. in verb. COMES PALATINUS. [l] +Brady's Hist. p. 198, 200. [m] Order. Vital. [n] Dugdale's Baronage, +from Doomsday Book, vol. i. p. 60, 74; iii. 112, 132, 136, 138, 156, +174, 200, 207, 223, 254, 257, 269. [o] Ibid. p. 369. It is +remarkable, that this family of d'Arcy seems to be the only male +descendants of any of the Conqueror's barons now remaining among the +Peers. Lord Holdernesse is the heir of that family. [p] Spellm. +Gloss. in verb. DOMESDAY. [q] Dugd. Bar. vol. i. p. 79. Ibid. +Origines Juridicales, p. 13.] + +[MN The feudal Parliament.] +The supreme legislative power of England was lodged in the king and +great council, or what was afterwards called the Parliament. It is +not doubted but the archbishops, bishops, and most considerable +abbots, were constituent members of this council. They sat by a +double title: by prescription, as having always possessed that +privilege, through the whole Saxon period, from the first +establishment of Christianity; and by their right of baronage, as +holding of the king IN CAPITE, by military service. These two titles +of the prelates were never accurately distinguished. When the +usurpations of the church had risen to such a height as to make the +bishops affect a separate dominion, and regard their seat in +Parliament as a degradation of their episcopal dignity; the king +insisted, that they were barons, and, on that account, obliged, by the +general principles of the feudal law, to attend on him in his great +councils [r]. Yet there still remained some practices, which +supposed their title to be derived merely from ancient possession. +When a bishop was elected, he sat in Parliament before the king had +made him restitution of his temporalities; and during the vacancy of a +see, the guardian of the spiritualities was summoned to attend along +with the bishops. +[FN [r] Spellm. Gloss. In verb. BARO.] + +The barons were another constituent part of the great council of the +nation. These held immediately of the crown by a military tenure: +they were the most honourable members of the state, and had a RIGHT to +be consulted in all public deliberations: they were the immediate +vassals of the crown, and owed as a SERVICE their attendance in the +court of their supreme lord. A resolution taken without their consent +was likely to be but ill executed; and no determination of any cause +or controversy among them had any validity, where the vote and advice +of the body did not concur. The dignity of earl or count was official +and territorial, as well as hereditary; and as all the earls were also +barons, they were considered as military vassals of the crown, were +admitted in that capacity into the general council, and formed the +most honourable and powerful branch of it. + +But there was another class of the immediate military tenants of the +crown, no less, or probably more numerous than the barons, the tenants +IN CAPITE by knights' service; and these, however inferior in power or +property, held by a tenure which was equally honourable with that of +the others. A barony was commonly composed of several knights' fees; +and though the number seems not to have been exactly defined, seldom +consisted of less than fifty hides of land [s]: but where a man held +of the king only one or two knights' fees, he was still an immediate +vassal of the crown, and as such had a title to have a seat in the +general councils. But as this attendance was usually esteemed a +burden, and one too great for a man of slender fortune to bear +constantly, it is probable that, though he had a title, if he pleased, +to be admitted, he was not obliged, by any penalty, like the barons, +to pay a regular attendance. All the immediate military tenants of +the crown amounted not fully to 700, when Doomsday Book was framed; +and as the members were well pleased, on any pretext, to excuse +themselves from attendance, the assembly was never likely to become +too numerous for the despatch of public business. +[FN [s] Four hides made one knight's fee: the relief of a barony was +twelve times greater than that of a knight's fee; whence we may +conjecture its usual value. Spellm. Gloss. in verb. FEODUM. There +were 243,600 hides in England, and 60,215 knights' fees; whence it is +evident, that there were a little more than four hides in each +knight's fee.] + +[MN The Commons.] +So far the nature of a general council, or ancient Parliament, is +determined, without any doubt or controversy. The only question seems +to be with regard to the Commons, or the representatives of counties +and boroughs, whether they were also, in more early times, constituent +parts of Parliament? This question was once disputed in England with +great acrimony; but such is the force of time and evidence, that they +can sometimes prevail, even over faction; and the question seems by +general consent, and even by their own, to be at last determined +against the ruling party. It is agreed, that the Commons were no part +of the great council, till some ages after the Conquest; and that the +military tenants alone of the crown composed that supreme and +legislative assembly. + +The vassals of a baron were, by their tenure, immediately dependent on +him, owed attendance at his court, and paid all their duty to the +king, through that dependence which their lord was obliged by HIS +tenure to acknowledge to his sovereign and superior. Their land, +comprehended in the barony, was represented in Parliament by the baron +himself, who was supposed, according to the fictions of the feudal +law, to possess the direct property of it; and it would have been +deemed incongruous to give it any other representation. They stood in +the same capacity to him, that he and the other barons did to the +king. The former were peers of the barony; the latter were peers of +the realm. The vassals possessed a subordinate rank within their +district; the baron enjoyed a superior dignity in the great assembly: +they were in some degree his companions at home; he the king's +companion at court: and nothing can be more evidently repugnant to all +feudal ideas, and to that gradual subordination which was essential to +those ancient institutions, than to imagine that the king would apply +either for the advice or consent of men, who were of a rank so much +inferior, and whose duty was immediately paid to the MESNE lord that +was interposed between them and the throne [t]. +[FN [t] Spellm. Gloss. in verb. BARO.] + +If it be unreasonable to think that the vassals of a barony, though +their tenure was military, and noble, and honourable, were ever +summoned to give their opinion in national councils, much less can it +be supposed, that the tradesmen or inhabitants of boroughs, whose +condition was so much inferior, would be admitted to that privilege. +It appears from Doomsday, that the greatest boroughs were, at the time +of the Conquest, scarcely more than country villages; and that the +inhabitants lived in entire dependence on the king or great lords, and +were of a station little better than servile [u]. They were not then +so much as incorporated; they formed no community; were not regarded +as a body politic; and being really nothing but a number of low +dependent tradesmen, living, without any particular civil tie, in +neighbourhood together, they were incapable of being represented in +the states of the kingdom. Even in France, a country which made more +early advances in arts and civility than England, the first +corporation is sixty years posterior to the Conquest under the Duke of +Normandy; and the erecting of these communities was an invention of +Lewis the Gross, in order to free the people from slavery under the +lords, and to give them protection, by means of certain privileges and +a separate jurisdiction [w]. An ancient French writer calls them a +new and wicked device, to procure liberty to slaves, and encourage +them in shaking off the dominion of their masters [x]. The famous +charter, as it is called, of the Conqueror to the city of London, +though granted at a time when he assumed the appearance of gentleness +and lenity, is nothing but a letter of protection, and a declaration +that the citizens should not be treated as slaves [y]. By the English +feudal law, the superior lord was prohibited from marrying his female +ward to a burgess or a villain [z]; so near were these two ranks +esteemed to each other, and so much inferior to the nobility and +gentry. Besides possessing the advantages of birth, riches, civil +powers, and privileges, the nobles and gentlemen alone were armed; a +circumstance which gave them a mighty superiority, in an age when +nothing but the military profession was honourable, and when the loose +execution of laws gave so much encouragement to open violence, and +rendered it so decisive in all disputes and controversies [a]. +[FN [u] LIBER HOMO anciently signified a gentleman; for scarce any +one beside was entirely free. Spellm. Gloss. in verbo. [w] Du +Cange’s Gloss in verb. COMMUNE, COMMUNITAS. [x] Guibertus, de vita +sua, lib. 2. cap. 7. [y] Stat. of Merton, 1235. cap. 6. [z] +Hollingshed, vol. iii. p. 15. [a] Madox's Baron. Angl. p. 19.] + +The great similarity among the feudal governments of Europe is well +known to every man that has any acquaintance with ancient history; and +the antiquaries of all foreign countries, where the question was never +embarrassed by party disputes, have allowed, that the Commons came +very late to be admitted to a share in the legislative power. In +Normandy particularly, whose constitution was most likely to be +William's model in raising his new fabric of English government, the +states were entirely composed of the clergy and nobility; and the +first incorporated boroughs or communities of that duchy were Rouen +and Falaise, which enjoyed their privileges by a grant of Philip +Augustus in the year 1207 [b]. All the ancient English historians, +when they mention the great council of the nation, call it an assembly +of the baronage, nobility, or great men; and none of their +expressions, though several hundred passages might be produced, can, +without the utmost violence, be tortured to a meaning, which will +admit the Commons to be constituent members of that body [c]. If in +the long period of two hundred years, which elapsed between the +Conquest and the latter end of Henry III., and which abounded in +factions, revolutions, and convulsions of all kinds, the House of +Commons never performed one single legislative act, so considerable as +to be once mentioned by any of the numerous historians of that age, +they must have been totally insignificant: and, in that case, what +reason can be assigned for their ever being assembled? Can it be +supposed that men of so little weight or importance possessed a +negative voice against the king and the barons? Every page of the +subsequent histories discovers their existence; though these histories +are not written with greater accuracy than the preceding ones, and +indeed scarcely equal them in that particular. The MAGNA CHARTA of +King John provides, that no scutage or aid should be imposed, either +on the land or towns, but by consent of the great council; and for +more security, it enumerates the persons entitled to a seat in that +assembly, the prelates and immediate tenants of the crown, without any +mention of the Commons: an authority so full, certain, and explicit, +that nothing but the zeal of party could ever have procured credit to +any contrary hypothesis. +[FN [b] Norman. Du Chesnii, p. 1066. Du Cange, Gloss, in verb. +COMMUNE. [c] Sometimes the historians mention the people, POPULUS, as +part of the Parliament; but they always mean the laity, in opposition +to the clergy. Sometimes the word COMMUNITAS is found; but it always +means COMMUNITAS BARONAGII. These points are clearly proved by Dr. +Brady. There is also mention sometimes made of a crowd or multitude +that thronged into the great council on particular interesting +occasions; but as deputies from boroughs are never once spoken of, the +proof that they had not then any existence becomes the more certain +and undeniable. These never could make a crowd, as they must have had +a regular place assigned them, if they had made a regular part of the +legislative body. There were only one hundred and thirty boroughs who +received writs of summons from Edward I. It is expressly said in +Gesta. Reg. Steph. p. 932, that it was usual for the populace, VULGUS, +to crowd into the great councils; where they were plainly mere +spectators, and could only gratify their curiosity.] + +It was probably the example of the French barons which first +emboldened the English to require greater independence from their +sovereign: it is also probable, that the boroughs and corporations of +England were established in imitation of those of France. It may, +therefore, be proposed as no unlikely conjecture, that both the chief +privileges of the Peers in England and the liberty of the Commons were +originally the growth of that foreign country. + +In ancient times, men were little solicitous to obtain a place in the +legislative assemblies; and rather regarded their attendance as a +burden, which was not compensated by any return of profit or honour +proportionate to the trouble and expense. The only reason for +instituting those public councils was, on the part of the subject, +that they desired some security from the attempts of arbitrary power; +and on the part of the sovereign, that he despaired of governing men +of such independent spirits without their own consent and concurrence. +But the Commons, or the inhabitants of boroughs, had not as yet +reached such a degree of consideration as to desire SECURITY against +their prince, or to imagine that, even if they were assembled in a +representative body, they had power or rank sufficient to enforce it. +The only protection which they aspired to, was against the immediate +violence and injustice of their fellow-citizens; and this advantage +each of them looked for, from the courts of justice, or from the +authority of some great lord, to whom, by law or his own choice, he +was attached. On the other hand, the sovereign was sufficiently +assured of obedience in the whole community, if he procured the +concurrence of the nobles; nor had he reason to apprehend, that any +order of the state could resist his and their united authority. The +military sub-vassals could entertain no idea of opposing both their +prince and their superiors: the burgesses and tradesmen could much +less aspire to such a thought: and thus, even if history were silent +on the head, we have reason to conclude, from the known situation of +society during those ages, that the Commons were never admitted as +members of the legislative body. + +The EXECUTIVE power of the Anglo-Norman government was lodged in the +king. Besides the stated meetings of the national council at the +three great festivals of Christmas, Easter, and Whitsuntide [d], he +was accustomed, on any sudden exigence, to summon them together. He +could at his pleasure command the attendance of his barons and their +vassals, in which consisted the military force of the kingdom; and +could employ them, during forty days, either in resisting a foreign +enemy, or reducing his rebellious subjects. And what was of great +importance, the whole JUDICIAL power was ultimately in his hands, and +was exercised by officers and ministers of his appointment. +[FN [d] Dugd. Orig. Jurid. p. 15. Spellm. Gloss. In verbo +PARLIAMENTUM.] + +[MN Judicial power.] +The general plan of the Anglo-Norman government was, that the court of +barony was appointed to decide such controversies as arose between +the several vassals or subjects of the same barony; the hundred court +and county court, which were still continued as during the Saxon times +[e], to judge between the subjects of different baronies [f]; and the +CURIA REGIS, or king's court, to give sentence among the barons +themselves [g]. But this plan, though simple, was attended with some +circumstances which, being derived from a very extensive authority +assumed by the Conqueror, contributed to increase the royal +prerogative: and, as long as the state was not disturbed by arms, +reduced every order of the community to some degree of dependence and +subordination. +[FN [e] Ang. Sacra, vol. i. p. 334, &c. Dugd. Orig. Jurid. p. 27, 29. +Madox, Hist. of Exch. p. 75, 76. Spellm. Gloss. in verbo HUNDRED. +[f] None of the feudal governments in Europe had such institutions as +the county courts, which the great authority of the Conqueror still +retained from the Saxon customs. All the freeholders of the county, +even the greatest barons, were obliged to attend the sheriffs in these +courts, and to assist them in the administration of justice. By these +means they received frequent and sensible admonitions of their +dependence on the king or supreme magistrate: they formed a kind of +community with their fellow barons and freeholders: they were often +drawn from their individual and independent state, peculiar to the +feudal system, and were made members of a political body: and, +perhaps, this institution of county courts in England has had greater +effects on the government than has yet been distinctly pointed out by +historians, or traced by antiquaries. The barons were never able to +free themselves from this attendance on the sheriffs and itinerant +justices till the reign of Henry III. [g] Brady, Pref. p. 143.] + +The king himself often sat in his court, which always attended his +person [h]: he there heard causes and pronounced judgment [i]; and +though he was assisted by the advice of the other members, it is not +to be imagined that a decision could easily be obtained contrary to +his inclination or opinion. In his absence the chief justiciary +presided, who was the first magistrate in the state, and a kind of +viceroy, on whom depended all the civil affairs of the kingdom [k] +The other chief officers of the crown, the constable, mareschal, +seneschal, chamberlain, treasurer, and chancellor [l], were members, +together with such feudal barons as thought proper to attend, and the +barons of the exchequer, who at first were also feudal barons, +appointed by the king [m]. This court, which was sometimes called the +king's court, sometimes the court of exchequer, judged in all causes, +civil and criminal, and comprehended the whole business which is now +shared out among four courts, the chancery, the king's-bench, the +common-pleas, and the exchequer [n]. +[FN [h] Madox, Hist. of Exch. p. 103. [i] Bracton, lib. 3. cap. 9. +Sec. 1. cap. 10. Sec. 1. [k] Spellm. Gloss. in verbo JUSTICIARII. +[l] Madox, Hist. Exch. p. 27, 29, 33, 38, 41, 54. The Normans +introduced the practice of sealing charters; and the chancellor's +office was to keep the great seal. Ingulph. Dugd. p. 33, 34. [m] +Madox, Hist. of the Exch. p. 134, 135. Gerv. Dorob. p. 1387. [n] +Madox, Hist. of the Exch. p. 56, 70.] + +Such an accumulation of powers was itself a great source of authority, +and rendered the jurisdiction of the court formidable to all the +subjects; but the turn which judicial trials took soon after the +Conquest served still more to increase its authority, and to augment +the royal prerogatives. William, among the other violent changes +which he attempted and effected, had introduced the Norman law into +England [o], had ordered all the pleadings to be in that tongue, and +had interwoven, with the English jurisprudence, all the maxims and +principles, which the Normans, more advanced in cultivation, and +naturally litigious, were accustomed to observe in the distribution of +justice. Law now became a science, which at first fell entirely into +the hands of the Normans; and which, even after it was communicated to +the English, required so much study and application, that the laity, +in those ignorant ages, were incapable of attaining it, and it was a +mystery almost solely confined to the clergy, and chiefly to the monks +[p]. The great officers of the crown, and the feudal barons, who were +military men, found themselves unfit to penetrate into those +obscurities; and though they were entitled to a seat in the supreme +judicature, the business of the court was wholly managed by the chief +justiciary and the law barons, who were men appointed by the king and +entirely at his disposal [q]. This natural course of things was +forwarded by the multiplicity of business which flowed into that +court, and which daily augmented by the appeals from all the +subordinate judicatures of the kingdom. +[FN [o] Dial. de Scac. p. 30. apud Madox, Hist. of the Exchequer. [p] +Malmes. lib. 4. p. 123. [q] Dugd. Orig. Jurid. p. 25.] + +In the Saxon times, no appeal was received in the king's court, except +upon the denial or delay of justice by the inferior courts; and the +same practice was still observed in most of the feudal kingdoms of +Europe. But the great power of the Conqueror established, at first, +in England, an authority, which the monarchs in France were not able +to attain till the reign of St. Lewis, who lived near two centuries +after: he empowered his court to receive appeals both from the courts +of barony and the county courts, and by that means brought the +administration of justice ultimately into the hands of the sovereign +[r]. And lest the expense or trouble of a journey to courts should +discourage suitors, and make them acquiesce in the decision of the +inferior judicatures, itinerant judges were afterwards established, +who made their circuits throughout the kingdom, and tried all causes +that were brought before them [s]. By this expedient the courts of +barony were kept in awe; and if they still preserved some influence, +it was only from the apprehensions which the vassals might entertain +of disobliging their superior, by appealing from his jurisdiction. +But the county courts were much discredited; and as the freeholders +were found ignorant of the intricate principles and forms of the new +law, the lawyers gradually brought all business before the king's +judges, and abandoned the ancient simple and popular judicature. +After this manner, the formalities of justice, which, though they +appear tedious and cumbersome, are found requisite to the support of +liberty in all monarchical governments, proved at first, by a +combination of causes, very advantageous to royal authority in +England. +[FN [r] Madox, Hist. of the Exch. p. 65. Glanv. lib. 12. cap. 1. 7. +LL. Hen. I. Sec. 31, apud Wilkins, p. 248. Fitz-Stephens, p. 36. +Coke's Comment. on the statute of Marlbridge, cap. 20. [s] Madox, +Hist. of the Exch. p. 83, 84, 100. Gerv. Dorob. p. 1410. What made +the Anglo-Norman barons more readily submit to appeals from their +court to the king's court of exchequer, was their being accustomed to +like appeals in Normandy to the ducal court of exchequer. See +Gilbert's History of the Exchequer, p. 1, 2; though the author thinks +it doubtful, whether the Norman court was not rather copied from the +English, p. 6.] + +[MN Revenue of the crown.] +The power of the Norman kings was also much supported by a great +revenue; and by a revenue that was fixed, perpetual, and independent +of the subject. The people, without betaking themselves to arms, had +no check upon the king, and no regular security for the due +administration of justice. In those days of violence, many instances +of oppression passed unheeded; and soon after were openly pleaded as +precedents, which it was unlawful to dispute or control. Princes and +ministers were too ignorant to be themselves sensible of the +advantages attending an equitable administration; and there was no +established council or assembly which could protect the people, and, +by withdrawing supplies, regularly and peaceably admonish the king of +his duty, and ensure the execution of the laws. + +The first branch of the king's stated revenue was the royal demesnes +or crown lands, which were very extensive, and comprehended, besides a +great number of manors, most of the chief cities of the kingdom. It +was established by law, that the king could alienate no part of his +demesne, and that he himself, or his successor, could at any time +resume such donations [t]: but this law was never regularly observed; +which happily rendered in time the crown somewhat more dependent. The +rent of the crown lands, considered merely as so much riches, was a +source of power: the influence of the king over his tenants and the +inhabitants of his towns increased this power: but the other numerous +branches of his revenue, besides supplying his treasury, gave, by +their very nature, a great latitude to arbitrary authority, and were a +support of the prerogative; as will appear from an enumeration of +them. +[FN [t] Fleta, lib. 1. cap. 8. Sec. 17. lib. 3. cap. 6. Sec. 3. +Bracton, lib. 2. cap. 5.] + +The king was never content with the stated rents, but levied heavy +talliages at pleasure on the inhabitants both of town and country, who +lived within his demesne. All bargains of sale, in order to prevent +theft, being prohibited, except in boroughs and public markets [u], he +pretended to exact tolls, on all goods which were there sold [w]. He +seized two hogsheads, one before and one behind the mast, from every +vessel that imported wine. All goods paid to his customs a +proportionable part of their value [x]: passage over bridges and on +rivers was loaded with tolls at pleasure [y]: and though the boroughs +by degrees bought the liberty of farming these impositions, yet the +revenue profited by these bargains: new sums were often exacted for +the renewal and confirmation of their charters [z] and the people were +thus held in perpetual dependence. +[FN [u] LL. Will. I. cap. 61. [w] Madox, p. 530. [x] Ibid. p. 529. +This author says a fifteenth. But it is not easy to reconcile this +account to other authorities. [y] Madox, p. 529. [z] Madox's Hist. +of the Exch. p. 275, 276, 277, &c.] + +Such was the situation of the inhabitants within the royal demesnes. +But the possessors of land, or the military tenants, though they were +better protected both by law, and by the great privilege of carrying +arms, were, from the nature of their tenures, much exposed to the +inroads of power, and possessed not what we should esteem, in our age, +a very durable security. The Conqueror ordained, that the barons +should be obliged to pay nothing beyond their stated services [a], +except a reasonable aid to ransom his person if he were taken in war, +to make his eldest son a knight, and to marry his eldest daughter. +What should, on these occasions, be deemed a reasonable aid, was not +determined; and the demands of the crown were so far discretionary. +[FN [a] LL. Will. Conq. Sec. 55.] + +The king could require in war the personal attendance of his vassals, +that is, of almost all the landed proprietors; and if they declined +the service, they were obliged to pay him a composition in money, +which was called a scutage. The sum was, during some reigns, +precarious and uncertain; it was sometimes levied without allowing the +vassal the liberty of personal service [b]; and it was an usual +artifice of the king, to pretend an expedition, that he might be +entitled to levy the scutage from his military tenants. Danegelt was +another species of land-tax levied by the early Norman kings, +arbitrarily, and contrary to the laws of the Conqueror [c]. Moneyage +was also a general land-tax of the same nature, levied by the two +first Norman kings, and abolished by the charter of Henry I. [d]. It +was a shilling paid every three years by each hearth, to induce the +king not to use his prerogative in debasing the coin. Indeed it +appears from that charter, that though the Conqueror had granted his +military tenants an immunity from all taxes and talliages, he and his +son William had never thought themselves bound to observe that rule, +but had levied impositions at pleasure on all the landed estates of +the kingdom. The utmost that Henry grants, is, that the land +cultivated by the military tenant himself shall not be so burdened; +but he reserves the power of taxing the farmers; and as it is known +that Henry's charter was never observed in any one article, we may be +assured that this prince and his successors retracted even this small +indulgence, and levied arbitrary impositions on all the lands of all +their subjects. These taxes were sometimes very heavy; since +Malmesbury tells us, that in the reign of William Rufus, the farmers, +on account of them, abandoned tillage, and a famine ensued [e]. +[FN [b] Gervase de Tilbury, p. 25. [c] Madox's Hist of the Exch. p. +475. [d] Matth. Paris, p. 38. [e] So also Chron. Abb. St. Petri de +Burgo, p. 55. Knyghton, p. 2366.] + +The escheats were a great branch both of power and of revenue, +especially during the first reigns after the Conquest. In default of +posterity from the first baron, his land reverted to the crown, and +continually augmented the king's possessions. The prince had indeed +by law a power of alienating these escheats; but by this means he had +an opportunity of establishing the fortunes of his friends and +servants, and thereby enlarging his authority. Sometimes he retained +them in his own hands; and they were gradually confounded with the +royal demesnes, and became difficult to be distinguished from them. +This confusion is probably the reason why the king acquired the right +of alienating his demesnes. + +But besides escheats from default of heirs, those which ensued from +crimes, or breach of duty towards the superior lord, were frequent in +ancient times. If the vassal, being thrice summoned to attend his +superior’s court, and do fealty, neglected or refused obedience, he +forfeited all title to his land [f]. If he denied his tenure, or +refused his service, he was exposed to the same penalty [g]. If he +sold his estate without licence from his lord [h], or if he sold it +upon any other tenure or title than that by which he himself held it +[i], he lost all right to it. The adhering to his lord's enemies [k], +deserting him in war [l], betraying his secrets [m], debauching his +wife, or his near relations [n], or even using indecent freedoms with +them [o], might be punished by forfeiture. The higher crimes, rapes, +robbery, murder, arson, &c., were called felony; and being interpreted +want of fidelity to his lord, made him lose his fief [p]. Even where +the felon was vassal to a baron, though his immediate lord enjoyed the +forfeiture, the king might retain possession of his estate during a +twelvemonth, and had the right of spoiling and destroying it, unless +the baron paid him a reasonable composition [q]. We have not here +enumerated all the species of felonies, or of crimes by which +forfeiture was incurred: we have said enough to prove, that the +possession of feudal property was anciently somewhat precarious, and +that the primary idea was never lost, of its being a kind of FEE or +BENEFICE. +[FN [f] Hottom. de Feud. Disp. cap. 38. col. 886. [g] Lib. Feud. lib. +3. tit. 1; lib. 4. tit. 21, 39. [h] Id. lib. 1. tit. 21. [i] Id. +lib. 4. tit. 44. [k] Id. lib. 3. tit. 1. [l] Id. lib. 4. tit. 14, +21. [m] Id. lib. 4. tit. 14. [n] Id. lib. 1. tit. 14, 23. [o] Id. +lib. 1. tit. 1. [p] Spellm. Gloss. in verb. FELONIA. [q] Ibid. +Glanville, lib. 7 cap. 17.] + +When a baron died, the king immediately took possession of the estate; +and the heir, before he recovered his right, was obliged to make +application to the crown, and desire that he might be admitted to do +homage for his land, and pay a composition to the king. This +composition was not at first fixed by law, at least by practice: the +king was often exorbitant in his demands, and kept possession of the +land till they were complied with. + +If the heir were a minor, the king retained the whole profit of the +estate till his majority; and might grant what sum he thought proper +for the education and maintenance of the young baron. This practice +was also founded on the notion, that a fief was a benefice, and that +while the heir could not perform his military services, the revenue +devolved to the superior, who employed another in his stead. It is +obvious, that a great proportion of the landed property must, by means +of this device, be continually in the hands of the prince, and that +all the noble families were thereby held in perpetual dependence. +When the king granted the wardship of a rich heir to any one, he had +the opportunity of enriching a favourite or minister: if he sold it, +he thereby levied a considerable sum of money. Simon de Mountfort +paid Henry III. ten thousand marks, an immense sum in those days, for +the wardship of Gilbert de Umfreville [r]. Geoffrey de Mandeville +paid to the same prince the sum of twenty thousand marks, that he +might marry Isabel, Countess of Gloucester, and possess all her lands +and knights' fees. This sum would be equivalent to three hundred +thousand, perhaps four hundred thousand pounds in our time [s]. +[FN [r] Madox's Hist. of the Exch. p. 223. [s] Madox’s Hist. of the +Exch. p. 322.] + +If the heir were a female, the king was entitled to offer her any +husband of her rank he thought proper; and if she refused him, she +forfeited her land. Even a male heir could not marry without the +royal consent; and it was usual for men to pay large sums for the +liberty of making their own choice in marriage [t]. No man could +dispose of his land, either by sale or will, without the consent of +his superior. The possessor was never considered as full proprietor: +he was still a kind of beneficiary; and could not oblige his superior +to accept of any vassal that was not agreeable to him. +[FN [t] Ibid. p. 320.] + +Fines, amerciaments, and oblatas, as they were called, were another +considerable branch of the royal power and revenue. The ancient +records of the exchequer, which are still preserved, give surprising +accounts of the numerous fines and amerciaments levied in those days +[u] and of the strange inventions fallen upon to exact money from the +subject. It appears that the ancient kings of England put themselves +entirely on the footing of the barbarous eastern princes, whom no man +must approach without a present, who sell all their good offices, and +who intrude themselves into every business that they may have a +pretence for extorting money. Even justice was avowedly bought and +sold; the king's court itself, though the supreme judicature of the +kingdom, was open to none that brought not presents to the king; the +bribes given for the expedition, delay [w], suspension, and, doubtless +for the perversion of justice, were entered in the public registers of +the royal revenue, and remain as monuments of the perpetual iniquity +and tyranny of the times. The barons of the exchequer, for instance, +the first nobility of the kingdom, were not ashamed to insert, as an +article in their records, that the county of Norfolk paid a sum that +they might be fairly dealt with [x]; the borough of Yarmouth, that the +king's charters, which they have for their liberties, might not be +violated [y]; Richard, son of Gilbert, for the king's helping him to +recover his debt from the Jews [z]; Serlo, son of Terlavaston, that he +might be permitted to make his defence in case he were accused of a +certain homicide [a]; Walter de Burton, for free law, if accused of +wounding another [b]; Robert de Essart, for having an inquest to find +whether Roger the Butcher, and Wace and Humphrey, accused him of +robbery and theft out of envy and ill-will or not [c]; William +Buhurst, for having an inquest to find whether he were accused of the +death of one Godwin out of ill-will, or for just cause [d]. I have +selected these few instances from a great number of a like kind, which +Madox had selected from a still greater number, preserved in the +ancient rolls of the exchequer [e]. +[FN [u] Id. p. 272. [w] Id. p. 274, 309. [x] Id. p. 295. [y] Id. +ibid. [z] Madox’s Hist. of the Exch. p. 296. He paid two hundred +marks, great sum in those days. [a] Id. p. 296. [b] Id. ibid. [c] +Id. p. 298. [d] Id. p. 302. [e] Id. chap. 12.] + +Sometimes the party litigant offered the king a certain portion, a +half, a third, a fourth, payable out of the debts, which he, as the +executor of justice, should assist him in recovering [f]. Theophania +de Westland agreed to pay the half of two hundred and twelve marks, +that she might recover that sum against James de Fughleston [g]; +Solomon, the Jew, engaged to pay one mark out of every seven that he +should recover against Hugh de la Hose [h]; Nicholas Morrel promised +to pay sixty pounds, that the Earl of Flanders might be distrained to +pay him three hundred and forty-three pounds, which the earl had taken +from him; and these sixty pounds were to be paid out of the first +money that Nicholas should recover from the earl [i]. +[FN [f] Id. p. 311. [g] Id. ibid. [h] Id. p. 79, 312. [i] Id. p. +312.] + +As the king assumed the entire power over trade, he was to be paid for +a permission to exercise commerce or industry of any kind [k]. Hugh +Oisel paid four hundred marks for liberty to trade in England [l]; +Nigel de Havene gave fifty marks for the partnership in merchandize +which he had with Gervase de Hanton [m]; the men of Worcester paid one +hundred shillings, that they might have the liberty of selling and +buying dyed cloth as formerly [n]; several other towns paid for a like +liberty [o]. The commerce indeed of the kingdom was so much under +the control of the king, that he erected guilds, corporations, and +monopolies, wherever he pleased; and levied sums for these exclusive +privileges [p]. +[FN [k] Id. p. 323. [l] Id. ibid. [m] Id. ibid. [n] Id. p. 324. +[o] Id. ibid. [p] Madox's Hist. of the Exch. p. 232, 233, &c.] + +There were no profits so small as to be below the king's attention. +Henry, son of Arthur, gave ten dogs to have a recognition against the +Countess of Copland for one knight's fee [q]. Roger, son of Nicholas, +gave twenty lampreys and twenty shads for an inquest to find, whether +Gilbert, son of Alured, gave to Roger two hundred muttons to obtain +his confirmation for certain lands, or whether Roger took them from +him by violence [r]; Geoffrey Fitz-Pierre, the chief justiciary, gave +two good Norway hawks, that Walter le Madine might have leave to +export a hundred weight of cheese out of the king's dominions [s]. +[FN [q] Id. p. 298. [r] Id. p. 305. [s] Id. p. 325.] + +It is really amusing to remark the strange business in which the king +sometimes interfered, and never without a present. The wife of Hugh +de Neville gave the king two hundred hens, that she might lie with her +husband one night [t]; and she brought with her two sureties, who +answered each for a hundred hens. It is probable that her husband was +a prisoner, which debarred her from having access to him. The Abbot +of Rucford paid ten marks for leave to erect houses and place men upon +his land near Welhang, in order to secure his wood there from being +stolen [u]. Hugh, Archdeacon of Wells, gave one tun of wine for leave +to carry six hundred sums of corn whither he would [w]; Peter de +Peraris gave twenty marks for leave to salt fishes, as Peter Chevalier +used to do [x]. +[FN [t] Id. p. 320. [u] Id. p. 326. [w] Id. p. 320. [x] Id. p. +326.] + +It was usual to pay high fines, in order to gain the king's good-will, +or mitigate his anger. In the reign of Henry II., Gilbert, the son of +Fergus, fines in nine hundred and nineteen pounds, nine shillings, to +obtain that prince's favour; William de Chataignes, a thousand marks, +that he would remit his displeasure. In the reign of Henry III., the +city of London fines in no less a sum than twenty thousand pounds on +the same account [y]. +[FN [y] Id. p. 327, 329.] + +The king's protection and good offices of every kind were bought and +sold. Robert Grislet paid twenty marks of silver, that the king would +help him against the Earl of Mortaigne, in a certain plea [z]: Robert +de Cundet gave thirty marks of silver, that the king would bring him +to an accord with the Bishop of Lincoln [a]: Ralph de Breckham gave a +hawk, that the king would protect him [b]; and this is a very frequent +reason for payments: John, son of Ordgar, gave a Norway hawk, to have +the king's request to the king of Norway to let him have his brother +Godard's chattels [c]: Richard de Neville gave twenty palfreys to +obtain the king's request to Isolda Bisset, that she should take him +for a husband [d]: Roger Fitz-Walter gave three good palfreys to have +the king's letter to Roger Bertram's mother, that she should marry him +[e]: Eling, the dean, paid one hundred marks, that his whore and his +children might be let out upon bail [f]: the Bishop of Winchester gave +one tun of good wine for his not putting the king in mind to give a +girdle to the Countess of Albemarle [g]: Robert de Veaux gave five of +the best palfreys, that the king would hold his tongue about Henry +Pinel's wife [h]. There are in the records of exchequer, many other +singular instances of a like nature [i]. It will, however, be just to +remark, that the same ridiculous practices and dangerous abuses +prevailed in Normandy, and probably in all the other states of Europe +[k]: England was not, in this respect, more barbarous than its +neighbours. +[FN [z] Madox's Hist. of the Exch. p. 329. [a] Id. p. 330. [b] Id. +p. 332. [c] Id. ibid. [d] Id. p. 333. [e] Id. ibid. [f] Id. p. +342. PRO HABENDA AMICA SUA ET FILIIS, &c. [g] Id. p. 352. [h] Id. +ibid. UT REX TACERET DE UXORE HENRICI PINEL. [i] WE SHALL GRATIFY +THE READER'S CURIOSITY BY SUBJOINING A FEW MORE INSTANCES FROM MADOX, +p. 332. Hugh Oisel was to give the king two robes of a good green +colour, to have the king's letters patent to the merchants of +Flanders, with a request to render him one thousand marks, which he +lost in Flanders. The Abbot of Hyde paid thirty marks, to have the +king's letters of request to the Archbishop of Canterbury, to remove +certain monks that were against the abbot. Roger de Trihanton paid +twenty marks and a palfrey, to have the king's request to Richard de +Umfreville to give him his sister to wife, and to the sister, that she +would accept him for a husband. William de Cheveringworth paid five +marks, to have the king's letter to the Abbot of Perfore, to let him +enjoy peaceably his tithes as formerly. Matthew de Hereford, clerk, +paid ten marks for a letter of request to the Bishop of Llandaff, to +let him enjoy peaceably his church of Schenfrith. Andrew Neulun gave +three Flemish caps for the king's request to the Prior of Chikesand, +for performance of an agreement made between them. Henry de Fontibus +gave a Lombardy horse of value, to have the king's request to Henry +Fitz-Hervey, that he would grant him his daughter to wife. Roger, son +of Nicholas, promised all the lampreys he could get, to have the +king's request to Earl William Marshall, that he would grant him the +manor of Langeford at Firm. The burgesses of Gloucester promised +three hundred lampreys, that they might not be distrained to find the +prisoners of Poictou with necessaries, unless they pleased. Id. p. +352. Jordan, son of Reginald, paid twenty marks, to have the king's +request to William Paniel, that he would grant him the land of Mill +Nieresult, and the custody of his heirs: and if Jordan obtained the +same, he was pay the twenty marks, otherwise not. Id. p. 333. [k] +Madox's Hist. of the Exch. p. 359.] + +These iniquitous practices of the Norman kings were so well known, +that on the death of Hugh Bigod, in the reign of Henry II., the best +and most just of these princes, the eldest son and the widow of this +nobleman came to court, and strove, by offering large presents to the +king, each of them to acquire possession of that rich inheritance. +The king was so equitable as to order the cause to be tried by the +great council! But, in the mean time, he seized all the money and +treasure of the deceased [l]. Peter of Blois, a judicious, and even +an elegant writer for that age, gives a pathetic description of the +venality of justice, and the oppressions of the poor, under the reign +of Henry; and he scruples not to complain to the king himself of these +abuses [m]. We may judge what the case would be under the government +of worst princes. The articles of inquiry concerning the conduct of +sheriffs, which Henry promulgated in 1170, show the great power, as +well as the licentiousness of these officers [n]. +[FN [l] Bened. Abb. p. 180, 181. [m] Petri Bles. Epist. 95. apud +Bibl. Patrum, tom. p. xxiv. 2014. [n] Hoveden, Chron. Gerv. p. 1410.] + +Amerciaments, or fines for crimes and trespasses, were another +considerable branch of the royal revenue [o]. Most crimes were atoned +for by money; the fines imposed were not limited by any rule or +statute; and frequently occasioned the total ruin of the person, even +for the slightest trespasses. The forest-laws, particularly, were a +great source of oppression. The king possessed sixty-eight forests, +thirteen chases, and seven hundred and eighty-one parks, in different +parts of England [p]; and considering the extreme passion of the +English and Normans for hunting, these were so many snares laid for +the people, by which they were allured into trespasses, and brought +within the reach of arbitrary and rigorous laws, which the king had +thought proper to enact by his own authority. +[FN [o] Madox, chap. 14. [p] Spellm. Gloss. in verbo FORESTA.] + +But the most barefaced acts of tyranny and oppression were practised +against the Jews, who were entirely out of the protection of law, were +extremely odious from the bigotry of the people, and were abandoned to +the immeasurable rapacity of the king and his ministers. Besides many +other indignities to which they were continually exposed, it appears +that they were once all thrown into prison, and the sum of sixty-six +thousand marks exacted for their liberty [q]: at another time, Isaac +the Jew paid alone five thousand one hundred marks [r]; Brun, three +thousand marks [s]; Jurnet, two thousand; Bennet, five hundred: at +another, Licorica, widow of David, the Jew of Oxford, was required to +pay six thousand marks; and she was delivered over to six of the +richest and discreetest Jews in England, who were to answer for the +sum [t]. Henry III. borrowed five thousand marks from the Earl of +Cornwall; and for his repayment, consigned over to him all the Jews in +England [u]. The revenue arising from exactions upon this nation was +so considerable, that there was a particular court of exchequer set +apart for managing it [w]. +[FN [q] Madox's Hist. of the Exch. p. 151. This happened in the reign +of King John. [r] Id. p. 151. [s] Id. p. 153. [t] Id. p. 168. [u] +Id. p. 156. [w] Id. chap. 7.] + +[MN Commerce.] +We may judge concerning the low state of commerce among the English, +when the Jews, notwithstanding these oppressions, could still find +their account in trading among them, and lending them money. And as +the improvements of agriculture were also much checked by the immense +possessions of the nobility, by the disorders of the times, and by the +precarious state of feudal property, it appears that industry of no +kind could then have place in the kingdom [x]. +[FN [x] We learn from the extracts given us of Doomsday by Brady, in +his Treatise of Boroughs, that almost all the boroughs of England had +suffered in the shock of the Conquest, and had extremely decayed +between the death of the Confessor, and the time when Doomsday was +framed.] + +It is asserted by Sir Henry Spellman [y], as an undoubted truth, that, +during the reigns of the first Norman princes, every edict of the +king, issued with the consent of his privy council, had the full force +of law. But the barons, surely, were not so passive as to intrust a +power, entirely arbitrary and despotic, into the hands of the +sovereign. It only appears, that the constitution had not fixed any +precise boundaries to the royal power; that the right of issuing +proclamations on any emergence, and of exacting obedience to them, a +right which was always supposed inherent in the crown, is very +difficult to be distinguished from a legislative authority; that the +extreme imperfection of the ancient laws, and the sudden exigencies +which often occurred in such turbulent governments, obliged the prince +to exert frequently the latent powers of his prerogative; that he +naturally proceeded, from the acquiescence of the people, to assume, +in many particulars of moment, an authority from which he had excluded +himself by express statutes, charters, or concessions, and which was, +in the main, repugnant to the general genius of the constitution; and +that the lives, the personal liberty, and the properties of all his +subjects, were less secured by law against the exertion of his +arbitrary authority, than by the independent power and private +connexions of each individual. It appears from the great charter +itself, that not only John, a tyrannical prince, and Richard, a +violent one, but their father, Henry, under whose reign the prevalence +of gross abuses is the least to be suspected, were accustomed, from +their sole authority, without process of law, to imprison, banish, and +attaint the freemen of their kingdom. +[FN [y] Gloss. in verb. JUDICIUM DEI. The author of the MIROIR DES +JUSTICES complains, that ordinances are only made by the king and his +clerks, and by aliens and others, who dare not contradict the king, +but study to please him. Whence, he concludes, laws are oftener +dictated by will, than founded on right.] + +A great baron, in ancient times, considered himself as a kind of +sovereign within his territory; and was attended by courtiers and +dependents more zealously attached to him than the ministers of state +and the great officers were commonly to THEIR sovereign. He often +maintained in his court the parade of royalty, by establishing a +justiciary, constable, mareschal, chamberlain, seneschal, and +chancellor, and assigning to each of these officers a separate +province and command. He was usually very assiduous in exercising his +jurisdiction; and took such delight in that image of sovereignty, that +it was found necessary to restrain his activity, and prohibit him by +law from holding courts too frequently [z]. It is not to be doubted, +but the example, set him by the prince of a mercenary and sordid +extortion, would be faithfully copied, and that all his good and bad +offices, his justice and injustice, were equally put to sale. He had +the power, with the king's consent, to exact talliages even from the +free citizens who lived within his barony; and as his necessities made +him rapacious, his authority was usually found to be more oppressive +and tyrannical than that of the sovereign [a]. He was ever engaged in +hereditary or personal animosities or confederacies with his +neighbours, and often gave protection to all desperate adventurers and +criminals, who could be useful in serving his violent purposes. He +was able alone, in times of tranquillity, to obstruct the execution of +justice within his territories; and by combining with a few +malecontent barons of high rank and power, he could throw the state +into convulsions. And, on the whole, though the royal authority was +confined within bounds, and often within very narrow ones, yet the +check was irregular, and frequently the source of great disorders; nor +was it derived from the liberty of the people, but from the military +power of many petty tyrants, who were equally dangerous to the prince +and oppressive to the subject. +[FN [z] Dugd. Jurid. Orig. p. 26. [a] Madox, Hist. of the Exch. p. +520.] + +[MN The Church.] +The power of the church was another rampart against royal authority; +but this defence was also the cause of many mischiefs and +inconveniences. The dignified clergy, perhaps, were not so prone to +immediate violence as the barons; but as they pretended to a total +independence on the state, and could always cover themselves with the +appearances of religion, they proved, in one respect, an obstruction +to the settlement of the kingdom, and to the regular execution of the +laws. The policy of the Conqueror was in this particular liable to +some exception. He augmented the superstitious veneration for Rome, +to which that age was so much inclined; and he broke those bands of +connexion, which, in the Saxon times, had preserved an union between +the lay and the clerical orders. He prohibited the bishops from +sitting in the county courts; he allowed ecclesiastical causes to be +tried in spiritual courts only [b]; and he so much exalted the power +of the clergy, that of sixty thousand two hundred and fifteen knights' +fees, into which he divided England, he placed no less than twenty- +eight thousand and fifteen under the church [c]. +[FN [b] Char. Will. apud Wilkins, p. 230. Spellm. Conc. vol. ii. p. +14. [c] Spellm. Gloss. in verb. MANUS MORTUA. We are not to imagine, +as some have done, that the church possessed lands in this proportion, +but only that they and their vassals enjoyed such a proportionable +part of the landed property.] + +[MN Civil laws.] +The right of primogeniture was introduced with the feudal law: an +institution which is hurtful, by producing and maintaining an unequal +division of private property; but is advantageous, in another respect, +by accustoming the people to a preference in favour of the eldest son, +and thereby preventing a partition or disputed succession in the +monarchy. The Normans introduced the use of surnames, which tend to +preserve the knowledge of families and pedigrees. They abolished none +of the old absurd methods of trial by the cross or ordeal; and they +added a new absurdity, the trial by single combat [d], which became a +regular part of jurisprudence, and was conducted with all the order, +method, devotion, and solemnity imaginable [e]. The ideas of chivalry +also seem to have been imported by the Normans: no traces of those +fantastic notions are to be found among the plain and rustic Saxons. +[FN [d] LL. Will. cap. 68. [e] Spellm. Gloss. in verb. CAMPUS. The +last instance of these duels was in the 15th of Eliz. So long did +that absurdity remain.] + +[MN Manners.] +The feudal institutions, by raising the military tenants to a kind of +sovereign dignity, by rendering personal strength and valour +requisite, and by making every knight and baron his own protector and +avenger, begat that martial pride and sense of honour, which, being +cultivated and embellished by the poets and romance-writers of the +age, ended in chivalry. The virtuous knight fought not only in his +own quarrel, but in that of the innocent, of the helpless, and, above +all, of the fair, whom he supposed to be for ever under the +guardianship of his valiant arm. The uncourteous knight who, from his +castle, exercised robbery on travellers, and committed violence on +virgins, was the object of his perpetual indignation; and he put him +to death, without scruple, or trial, or appeal, whenever he met with +him. The great independence of men made personal honour and fidelity +the chief tie among them; and rendered it the capital virtue of every +true knight, or genuine professor of chivalry. The solemnities of +single combat, as established by law, banished the notion of every +thing unfair or unequal in rencounters; and maintained an appearance +of courtesy between the combatants till the moment of their +engagement. The credulity of the age grafted on this stock the notion +of giants, enchanters, dragons, spells [f], and a thousand wonders, +which still multiplied during the time of the crusades; when men, +returning from so great a distance, used the liberty of imposing every +fiction on their believing audience. These ideas of chivalry infected +the writings, conversation, and behaviour of men, during some ages; +and even after they were, in a great measure, banished by the revival +of learning, they left modern GALLANTRY and the POINT OF HONOUR, which +still maintain their influence, and are the genuine offspring of those +ancient affectations. +[FN [f] In all legal single combats, it was part of the champion's +oath, that he carried not about him any herb, spell, or enchantment, +by which he might procure victory. Dugd. Orig. Jurid. p. 82.] + +The concession of the great charter, or rather its full establishment, +(for there was a considerable interval of time between the one and the +other,) gave rise, by degrees, to a new species of government, and +introduced some order and justice into the administration. The +ensuing scenes of our history are therefore somewhat different from +the preceding. Yet the great charter contained no establishment of +new courts, magistrates, or senates, nor abolition of the old. It +introduced no new distribution of the powers of the commonwealth, and +no innovation in the political or public law of the kingdom. It only +guarded, and that merely by verbal clauses, against such tyrannical +practices as are incompatible with civilized government, and, if they +become very frequent, are incompatible with all government. The +barbarous license of the kings, and perhaps of the nobles, was +thenceforth somewhat more restrained: men acquired some more security +for their properties and their liberties: and government approached a +little nearer to that end for which it was originally instituted, the +distribution of justice, and the equal protection of the citizens. +Acts of violence and iniquity in the crown, which before were only +deemed injurious to individuals, and were hazardous chiefly in +proportion to the number, power, and dignity of the persons affected +by them, were now regarded, in some degree, as public injuries, and as +infringements of a charter calculated for general security. And thus +the establishment of the great charter, without seeming anywise to +innovate in the distribution of political power, became a kind of +epoch in the constitution. + + + + +CHAPTER XII. + +HENRY III. + +SETTLEMENT OF THE GOVERNMENT.--GENERAL PACIFICATION.--DEATH OF THE +PROTECTOR.--SOME COMMOTIONS.--HUBERT DE BURGH DISPLACED.--THE BISHOP +OF WINCHESTER MINISTER.--KING’S PARTIALITY TO FOREIGNERS.-- +GRIEVANCES.--ECCLESIASTICAL GRIEVANCES.--EARL OF CORNWALL ELECTED KING +OF THE ROMANS.--DISCONTENT OF THE BARONS.--SIMON DE MOUNTFORT, EARL OF +LEICESTER.--PROVISIONS OF OXFORD.—USURPATION OF THE BARONS.--PRINCE +EDWARD.--CIVIL WARS OF THE BARONS.--REFERENCE TO THE KING OF FRANCE.-- +RENEWAL OF THE CIVIL WARS.--BATTLE OF LEWES.--HOUSE OF COMMONS.-- +BATTLE OF EVESHAM AND DEATH OF LEICESTER.--SETTLEMENT OF THE +GOVERNMENT.--DEATH--AND CHARACTER OF THE KING.--MISCELLANEOUS +TRANSACTIONS OF THIS REIGN. + + + +[MN 1216.] Most sciences, in proportion as they increase and improve, +invent methods by which they facilitate their reasonings; and, +employing general theorems, are enabled to comprehend, in a few +propositions, a great number of inferences and conclusions. History +also, being a collection of facts which are multiplying without end, +is obliged to adopt such arts of abridgment, to retain the more +material events, and to drop all the minute circumstances, which are +only interesting during the time, or to the persons engaged in the +transactions. This truth is no where more evident than with regard to +the reign upon which we are going to enter. What mortal could have +the patience to write or read a long detail of such frivolous events +as those with which it is filled, or attend to a tedious narrative +which would follow, through a series of fifty-six years, the caprices +and weaknesses of so mean a prince as Henry? The chief reason why +Protestant writers have been so anxious to spread out the incidents of +this reign is, in order to expose the rapacity, ambition, and +artifices of the court of Rome; and to prove that the great +dignitaries of the Catholic church, while they pretended to have +nothing in view but the salvation of souls, had bent all their +attention to the acquisition of riches, and were restrained by no +sense of justice or of honour in the pursuit of that great object [a]. +But this conclusion would readily be allowed them, though it were not +illustrated by such a detail of uninteresting incidents; and follows, +indeed, by an evident necessity, from the very situation in which that +church was placed with regard to the rest of Europe. For, besides +that ecclesiastical power, as it can always cover its operations under +a cloak of sanctity, and attacks men on the side where they dare not +employ their reason, lies less under control than civil government; +besides this general cause, I say, the pope and his courtiers were +foreigners to most of the churches which they governed; they could not +possibly have any other object than to pillage the provinces for +present gain; and as they lived at a distance, they would be little +awed by shame or remorse, in employing every lucrative expedient which +was suggested to them. England being one of the most remote provinces +attached to the Romish hierarchy, as well as the most prone to +superstition, felt severely during this reign, while its patience was +not yet fully exhausted, the influence of these causes; and we shall +often have occasion to touch cursorily upon such incidents. But we +shall not attempt to comprehend every transaction transmitted to us; +and, till the end of the reign, when the events become more memorable, +we shall not always observe an exact chronological order in our +narration. +[FN [a] M. Paris, p. 623.] + +[MN Settlement of the government.] +The Earl of Pembroke, who, at the time of John's death, was Mareschal +of England, was, by his office, at the head of the armies, and +consequently, during a state of civil wars and convulsions, at the +head of the government; and it happened fortunately for the young +monarch and for the nation, that the power could not have been +intrusted into more able and more faithful hands. This nobleman, who +had maintained his loyalty unshaken to John, during the lowest fortune +of that monarch, determined to support the authority of the infant +prince; nor was he dismayed at the number and violence of his enemies. +Sensible that Henry, agreeably to the prejudices of the times, would +not be deemed a sovereign till crowned and anointed by a churchman, he +immediately carried the young prince to Gloucester, [MN 1216. 28th +Oct.] where the ceremony of coronation was performed, in the presence +of Gualo, the legate, and of a few noblemen, by the Bishops of +Winchester and Bath [b]. As the concurrence of the papal authority +was requisite to support the tottering throne, Henry was obliged to +swear fealty to the pope, and renew that homage to which his father +had already subjected the kingdom [c]; and in order to enlarge the +authority of Pembroke, and to give him a more regular and legal title +to it, a general council of the barons was soon after summoned at +Bristol, [MN 11th Nov.] where that nobleman was chosen protector of +the realm. +[FN [b] M. Paris, p. 200. Hist. Croyl. cont. p. 474. W. Heming. p. +562 Trivet, p. 168. [c] M. Paris, p. 200.] + +Pembroke, that he might reconcile all men to the government of his +pupil, made him grant a new charter of liberties, which, though mostly +copied from the former concessions extorted from John, contains some +alterations which may be deemed remarkable [d]. The full privilege of +elections in the clergy, granted by the late king, was not confirmed, +nor the liberty of going out of the kingdom, without the royal +consent: whence we may conclude, that Pembroke and the barons, jealous +of the ecclesiastical power, both were desirous of renewing the king's +claim to issue a congé d'élire to the monks and chapters, and thought +it requisite to put some check to the frequent appeals to Rome. But +what may chiefly surprise us, is, that the obligation to which John +had subjected himself, of obtaining the consent of the great council +before he levied any aids or scutages upon the nation, was omitted; +and this article was even declared hard and severe, and was expressly +left to future deliberation. But we must consider, that, though this +limitation may perhaps appear to us the most momentous in the whole +charter of John, it was not regarded in that light by the ancient +barons, who were more jealous in guarding against particular acts of +violence in the crown, than against such general impositions, which, +unless they were evidently reasonable and necessary, could scarcely, +without general consent, be levied upon men who had arms in their +hands, and who could repel any act of oppression by which they were +all immediately affected. We accordingly find, that Henry, in the +course of his reign, while he gave frequent occasions for complaint, +with regard to his violations of the great charter, never attempted, +by his mere will, to levy any aids or scutages; though he was often +reduced to great necessities, and was refused supply by his people. +So much easier was it for him to transgress the law, when individuals +alone were affected, than even to exert his acknowledged prerogatives, +where the interest of the whole body was concerned. +[FN [d] Rymer, vol. i. p. 215.] + +This charter was again confirmed by the king in the ensuing year, with +the addition of some articles, to prevent the oppressions by sheriffs; +and also with an additional charter of forests, a circumstance of +great moment in those ages, when hunting was so much the occupation of +the nobility, and when the king comprehended so considerable a part of +the kingdom within his forests, which he governed by peculiar and +arbitrary laws. All the forests which had been enclosed since the +reign of Henry II. were disafforested; and new perambulations were +appointed for that purpose: offences in the forests were declared to +be no longer capital; but punishable by fine, imprisonment, and more +gentle penalties: and all the proprietors of land recovered the power +of cutting and using their own wood at their pleasure. + +Thus these famous charters were brought nearly to the shape in which +they have ever since stood; and they were, during many generations, +the peculiar favourites of the English nation, and esteemed the most +sacred rampart to national liberty and independence. As they secured +the rights of all orders of men, they were anxiously defended by all, +and became the basis, in a manner, of the English monarchy, and a kind +of original contract, which both limited the authority of the king, +and ensured the conditional allegiance of his subjects. Though often +violated, they were still claimed by the nobility and people; and as +no precedents were supposed valid that infringed them, they rather +acquired than lost authority, from the frequent attempts made against +them, in several ages, by regal and arbitrary power. + +While Pembroke, by renewing and confirming the great charter, gave so +much satisfaction and security to the nation in general, he also +applied himself successfully to individuals. He wrote letters, in the +king's name, to all the malecontent barons; in which he represented to +them, that, whatever jealousy and animosity they might have +entertained against the late king, a young prince, the lineal heir of +their ancient monarchs, had now succeeded to the throne, without +succeeding either to the resentments or principles of his predecessor: +that the desperate expedient, which they had employed of calling in a +foreign potentate, had, happily for them, as well as for the nation, +failed of entire success; and it was still in their power, by a speedy +return to their duty, to restore the independence of the kingdom, and +to secure that liberty for which they so zealously contended: that as +all past offences of the barons were now buried in oblivion, they +ought, on their part, to forget their complaints against their late +sovereign, who, if he had been anywise blameable in his conduct, had +left to his son the salutary warning, to avoid the paths which had led +to such fatal extremities; and that, having now obtained a charter for +their liberties, it was their interest to show, by their conduct, that +this acquisition was not incompatible with their allegiance, and that +the rights of king and people, so far from being hostile and opposite, +might mutually support and sustain each other [e]. +[FN [e] Rymer, vol i. p. 25. Brady's App. No. 143.] + +These considerations, enforced by the character of honour and +constancy which Pembroke had ever maintained, had a mighty influence +on the barons; and most of them began secretly to negotiate with him, +and many of them openly returned to their duty. The diffidence which +Lewis discovered of their fidelity forwarded this general propension +towards the king; and when the French prince refused the government of +the castle of Hertford to Robert Fitz-Walter, who had been so active +against the late king, and who claimed that fortress as his property, +they plainly saw that the English were excluded from every trust, and +that foreigners had engrossed all the confidence and affection of +their new sovereign [f]. The excommunication, too, denounced by the +legate against all the adherents of Lewis, failed not, in the turn +which men's dispositions had taken, to produce a mighty effect upon +them; and they were easily persuaded to consider a cause as impious, +for which they had already entertained an unsurmountable aversion [g]. +Though Lewis made a journey to France, and brought over succours from +that kingdom [h], he found, on his return, that his party was still +more weakened by the desertion of his English confederates, and that +the death of John had, contrary to his expectations, given an +incurable wound to his cause. The Earls of Salisbury, Arundel, and +Warrenne, together with William Mareschal, eldest son of the +protector, had embraced Henry's party, and every English nobleman was +plainly watching for an opportunity of returning to his allegiance. +Pembroke was so much strengthened by these accessions that he ventured +to invest Mountsorel; though, upon the approach of the Count de Perche +with the French army, he desisted from his enterprise, and raised the +siege [i]. The count, elated with this success, marched to Lincoln; +and being admitted into the town, he began to attack the castle, which +he soon reduced to extremity. The protector summoned all his forces +from every quarter, in order to relieve a place of such importance; +and he appeared so much superior to the French, that they shut +themselves up within the city, and resolved to act upon the defensive +[k]. But the garrison of the castle having received a strong +reinforcement, made a vigorous sally upon the besiegers; while the +English army, by concert, assaulted them in the same instant from +without, mounted the walls by scalade, and bearing down all +resistance, entered the city sword in hand. Lincoln was delivered +over to be pillaged; the French army was totally routed; the Count de +Perche, with only two persons more, was killed; but many of the chief +commanders, and about four hundred knights, were made prisoners by the +English [l]. So little blood was shed in this important action, which +decided the fate of one of the most powerful kingdoms in Europe; and +such wretched soldiers were those ancient barons, who yet were +unacquainted with every thing but arms! +[FN [f] M. Paris, p. 200, 202. [g] Ibid. p. 200. M. West. p. 277. +[h] Chron. Dunst. vol. i. p. 79. M. West. p. 277. [i] M. Paris, p. +203. [k] Chron. Dunst. vol. i. p. 81. [l] M. Paris, p.204, 205. +Chron. de Mailr. p. 195.] + +Prince Lewis was informed of this fatal event while employed in the +siege of Dover, which was still valiantly defended against him by +Hubert de Burgh. He immediately retreated to London, the centre and +life of his party; and he there received intelligence of a new +disaster, which put an end to all his hopes. A French fleet, bringing +over a strong reinforcement, had appeared on the coast of Kent, where +they were attacked by the English, under the command of Philip +d'Albiney, and were routed with considerable loss. D'Albiney employed +a stratagem against them, which is said to have contributed to the +victory. Having gained the wind of the French, he came down upon them +with violence; and throwing in their faces a great quantity of +quicklime, which he purposely carried on board, he so blinded them, +that they were disabled from defending themselves [m]. +[FN [m] M. Paris, p. 206. Ann. Waverl. p. 183. W. Heming. p. 563. +Trivet, p. 169. M. West. p. 277. Knyghton, p. 2428.] + +After this second misfortune of the French, the English barons +hastened every where to make peace with the protector, and, by an easy +submission, to prevent those attainders to which they were exposed on +account of their rebellion. Lewis, whose cause was now totally +desperate, began to be anxious for the safety of his person, and was +glad, on any honourable conditions, to make his escape from a country +where he found every thing was now become hostile to him. He +concluded a peace with Pembroke, promised to evacuate the kingdom, and +only stipulated, in return, an indemnity to his adherents, and a +restitution of their honours and fortunes, together with the free and +equal enjoyment of those liberties which had been granted to the rest +of the nation [n]. Thus was happily ended a civil war, which seemed +to be founded on the most incurable hatred and jealousy, and had +threatened the kingdom with the most fatal consequences. +[FN [n] Rymer, vol. i. p. 221. M. Paris, p. 207. Chron. Dunst. vol. +i. p. 83. M. West. p. 278. Knyghton, p. 2429.] + +[MN 1216. General pacification.] +The precautions which the King of France used in the conduct of this +whole affair are remarkable. He pretended that his son had accepted +of the offer from the English barons without his advice, and contrary +to his inclination: the armies sent to England were levied in Lewis's +name. When that prince came over to France for aid, his father +publicly refused to grant him any assistance, and would not so much as +admit him to his presence. Even after Henry's party acquired the +ascendant, and Lewis was in danger of falling into the hands of his +enemies, it was Blanche of Castile, his wife, not the king, his +father, who raised armies, and equipped fleets for his succour [o]. +All these artifices were employed, not to satisfy the pope, for he had +too much penetration to be so easily imposed on; nor yet to deceive +the people, for they were too gross even for that purpose. They only +served for a colouring to Philip's cause; and, in public affairs, men +are often better pleased that the truth, though known to every body, +should be wrapped up under a decent cover, than if it were exposed in +open daylight to the eyes of all the world. +[FN [o] M. Paris, p. 256. Chron. Dunst. vol. i. p. 82.] + +After the expulsion of the French, the prudence and equity of the +protector's subsequent conduct contributed to cure entirely those +wounds which had been made by intestine discord. He received the +rebellious barons into favour; observed strictly the terms of peace +which he had granted them; restored them to their possessions; and +endeavoured, by an equal behaviour, to bury all past animosities in +perpetual oblivion. The clergy alone, who had adhered to Lewis, were +sufferers in this revolution. As they had rebelled against their +spiritual sovereign, by disregarding the interdict and +excommunication, it was not in Pembroke's power to make any +stipulations in their favour; and Gualo, the legate, prepared to take +vengeance on them for their disobedience [p]. Many of them were +deposed; many suspended; some banished; and all who escaped punishment +made atonement for their offence by paying large sums to the legate, +who amassed an immense treasure by this expedient. +[FN [p] Brady's App. No. 144 Chron. Dunst. vol. i. p. 83.] + +[MN Death of the protector.] +The Earl of Pembroke did not long survive the pacification, which had +been chiefly owing to his wisdom and valour [q]; and he was succeeded +in the government by Peter des Roches, Bishop of Winchester, and +Hubert de Burgh, the justiciary. The councils of the latter were +chiefly followed; and had he possessed equal authority in the kingdom +with Pembroke, he seemed to be every way worthy of filling the place +of that virtuous nobleman. [MN Some commotions.] But the licentious +and powerful barons, who had once broken the reins of subjection to +their prince, and had obtained, by violence, an enlargement of their +liberties and independence, could ill be restrained by laws under a +minority; and the people, no less than the king, suffered from their +outrages and disorders. They retained by force the royal castles, +which they had seized during the past convulsions, or which had been +committed to their custody by the protector [r]: they usurped the +king's demesnes [s]: they oppressed their vassals: they infested their +weaker neighbours: they invited all disorderly people to enter in +their retinue, and to live upon their lands: and they gave them +protection in all their robberies and extortions. +[FN [q] M. Paris, p. 210. [r] Trivet p. 174. [s] Rymer, vol. i. p. +276.] + +No one was more infamous for these violent and illegal practices than +the Earl of Albemarle; who, though he had early returned to his duty, +and had been serviceable in expelling the French, augmented to the +utmost the general disorder, and committed outrages in all the +counties of the north. In order to reduce him to obedience, Hubert +seized an opportunity of getting possession of Rockingham Castle, +which Albemarle had garrisoned with his licentious retinue: but this +nobleman, instead of submitting, entered into a secret confederacy +with Fawkes de Breauté, Peter de Mauleon, and other barons, and both +fortified the castle of Biham for his defence, and made himself +master, by surprise, of that of Fotheringay. Pandolf, who was +restored to his legateship, was active in suppressing this rebellion; +and, with the concurrence of eleven bishops, he pronounced the +sentence of excommunication against Albemarle and his adherents [t]: +an army was levied: a scutage of ten shillings a knight's fee was +imposed on all the military tenants: Albemarle's associates gradually +deserted him: and he himself was obliged at last to sue for mercy. He +received a pardon, and was restored to his whole estate. +[FN [t] Chron. Dunst. vol. i. p. 102.] + +This impolitic lenity, too frequent in those times, was probably the +result of a secret combination among the barons, who never could +endure to see the total ruin of one of their own order: but it +encouraged Fawkes de Breauté, a man whom King John had raised from a +low origin, to persevere in the course of violence to which he had +owed his fortune, and to set at nought all law and justice. When +thirty-five verdicts were at one time found against him, on account of +his violent expulsion of so many freeholders from their possessions, +he came to the court of justice with an armed force, seized the judge +who had pronounced the verdicts, and imprisoned him in Bedford castle. +He then levied open war against the king; but being subdued and taken +prisoner, his life was granted him; but his estate was confiscated, +and he was banished the kingdom [u]. +[FN [u] Rymer, vol. i. p. 198. M. Paris, p. 221, 224. Ann. Waverl. +p. 188. Chron. Dunst. vol. i. p. 141, 146. M. West. p. 283.] + +[MN 1222.] Justice was executed with greater severity against +disorders less premeditated, which broke out in London. A frivolous +emulation in a match of wrestling, between the Londoners on the one +hand, and the inhabitants of Westminster and those of the neighbouring +villages on the other, occasioned this commotion. The former rose in +a body, and pulled down some houses belonging to the Abbot of +Westminster: but this riot, which, considering the tumultuous +disposition familiar to that capital, would have been little regarded, +seemed to become more serious by the symptoms which then appeared of +the former attachment of the citizens to the French interest. The +populace, in the tumult, made use of the cry of war commonly employed +by the French troops: MOUNTJOY, MOUNTJOY, GOD HELP US AND OUR LORD +LEWIS! The justiciary made inquiry into the disorder; and finding one +Constantine Fitz-Arnulf to have been the ringleader, an insolent man, +who justified his crime in Hubert's presence, he proceeded against him +by martial law, and ordered him immediately to be hanged, without +trial or form of process. He also cut off the feet of some of +Constantine's accomplices [w]. +[FN [w] M. Paris, p. 217, 218, 259. Ann. Waverl. p. 187. Chron. +Dunst. vol. i. p. 129.] + +This act of power was complained of as an infringement of the great +charter: yet the justiciary, in a Parliament summoned at Oxford, (for +the great councils about this time began to receive that appellation,) +made no scruple to grant, in the king's name, a renewal and +confirmation of that charter. When the assembly made application to +the crown for this favour, as a law in those times seemed to lose its +validity if not frequently renewed, William de Briewere, one of the +council of regency, was so bold as to say openly, that those liberties +were extorted by force, and ought not to be observed: but he was +reprimanded by the Archbishop of Canterbury, and was not countenanced +by the king or his chief ministers [x]. A new confirmation was +demanded and granted two years after; and an aid, amounting to a +fifteenth of all moveables, was given by the Parliament, in return for +this indulgence. The king issued writs anew to the sheriffs, +enjoining the observance of the charter; but he inserted a remarkable +clause in the writs, that those who paid not the fifteenth should not +for the future be entitled to the benefit of those liberties [y]. +[FN [x] M. West. p. 282. [y] Clause 9. H. 3. m. 9. and m. 6. d.] + +The low state into which the crown was fallen made it requisite for a +good minister to be attentive to the preservation of the royal +prerogatives, as well as to the security of public liberty. Hubert +applied to the pope, who had always great authority in the kingdom, +and was now considered as its superior lord, and desired him to issue +a bull declaring the king to be of full age, and entitled to exercise +in person all the acts of royalty [z]. In consequence of this +declaration, the justiciary resigned into Henry's hands the two +important fortresses of the Tower and Dover Castle, which had been +intrusted to his custody; and he required the other barons to imitate +his example. They refused compliance: the Earls of Chester and +Albemarle, John Constable of Chester, John de Lacy, Brian de l'Isle, +and William de Cantel, with some others, even formed a conspiracy to +surprise London, and met in arms at Waltham with that intention: but +finding the king prepared for defence, they desisted from their +enterprise. When summoned to court in order to answer for their +conduct, they scrupled not to appear, and to confess the design: but +they told the king, that they had no bad intentions against his +person, but only against Hubert de Burgh, whom they were determined to +remove from his office [a]. They appeared too formidable to be +chastised; and they were so little discouraged by the failure of their +first enterprise, that they again met in arms at Leicester, in order +to seize the king, who then resided at Northampton: but Henry, +informed of their purpose, took care to be so well armed and attended +that the barons found it dangerous to make the attempt; and they sat +down and kept Christmas in his neighbourhood [b]. The archbishop and +the prelates, finding every thing tending towards a civil war, +interposed with their authority, and threatened the barons with the +sentence of excommunication, if they persisted in detaining the king's +castles. This menace at last prevailed: most of the fortresses were +surrendered; though the barons complained that Hubert's castles were +soon after restored to him, while the king still kept theirs in his +own custody. There are said to have been eleven hundred and fifteen +castles at that time in England [c]. +[FN [z] M. Paris, p. 220. [a] Chron. Dunst. vol. i. p. 137. [b] M. +Paris, p. 221. Chron. Dunst. vol. i. p. 138. [c] Coke's Comment. on +Magna Charta, chap. 17.] + +It must be acknowledged that the influence of the prelates and the +clergy was often of great service to the public. Though the religion +of that age can merit no better name than that of superstition, it +served to unite together a body of men who had great sway over the +people, and who kept the community from falling to pieces, by the +factions and independent power of the nobles; and what was of great +importance, it threw a mighty authority into the hands of men, who, by +their profession, were averse to arms and violence; who tempered by +their mediation the general disposition towards military enterprises; +and who still maintained, even amidst the shock of arms, those secret +links, without which it is impossible for human society to subsist. + +Notwithstanding these intestine commotions in England, and the +precarious authority of the crown, Henry was obliged to carry on war +in France; and he employed to that purpose the fifteenth which had +been granted him by Parliament. Lewis VIII., who had succeeded his +father Philip, instead of complying with Henry's claim, who demanded +the restitution of Normandy, and the other provinces wrested from +England, made an irruption into Poictou, took Rochelle [d], after a +long siege, and seemed determined to expel the English from the few +provinces which still remained to them. Henry sent over his uncle, +the Earl of Salisbury, together with his brother, Prince Richard, to +whom he had granted the earldom of Cornwall, which had escheated to +the crown. Salisbury stopped the progress of Lewis's arms, and +retained the Poictevin and Gascon vassals in their allegiance: but no +military action of any moment was performed on either side. The Earl +of Cornwall, after two years' stay in Guienne, returned to England. +[FN [d] Rymer, vol. i. p. 269. Trivet, p. 179.] + +[MN 1227.] This prince was nowise turbulent or factious in his +disposition: his ruling passion was to amass money, in which he +succeeded so well as to become the richest subject in Christendom: yet +his attention to gain threw him sometimes into acts of violence; and +gave disturbance to the government. There was a manor which had +formerly belonged to the earldom of Cornwall, but had been granted to +Waleran de Ties, before Richard had been invested with that dignity, +and while the earldom remained in the crown. Richard claimed this +manor, and expelled the proprietor by force: Waleran complained: the +king ordered his brother to do justice to the man, and restore him to +his rights: the earl said, that he would not submit to these orders, +till the cause should be decided against him by the judgment of his +peers: Henry replied, that it was first necessary to reinstate Waleran +in possession, before the cause could be tried; and he reiterated his +orders to the earl [e]. We may judge of the state of the government, +when this affair had nearly produced a civil war. The Earl of +Cornwall, finding Henry peremptory in his commands, associated himself +with the young Earl of Pembroke, who had married his sister, and who +was displeased on account of the king's requiring him to deliver up +some royal castles which were in his custody. These two malecontents +took into the confederacy the Earls of Chester, Warrenne, Gloucester, +Hereford, Warwick, and Ferrers, who were all disgusted on a like +account [f]. They assembled an army; which the king had not the power +or courage to resist; and he was obliged to give his brother +satisfaction, by grants of much greater importance than the manor +which had been the first ground of the quarrel [g]. +[FN [e] M. Paris, p. 233. [f] M. Paris, p. 233. [g] Ibid.] + +The character of the king, as he grew to man's estate, became every +day better known; and he was found in every respect unqualified for +maintaining a proper sway among those turbulent barons, whom the +feudal constitution subjected to his authority. Gentle, humane, and +merciful even to a fault, he seems to have been steady in no other +circumstance of his character; but to have received every impression +from those who surrounded him, and whom he loved, for the time, with +the most imprudent and most unreserved affection. Without activity or +vigour, he was unfit to conduct war: without policy or art, he was ill +fitted to maintain peace: his resentments, though hasty and violent, +were not dreaded, while he was found to drop them with such facility; +his friendships were little valued, because they were neither derived +from choice, nor maintained with constancy. A proper pageant of state +in a regular monarchy, where his ministers could have conducted all +affairs in his name and by his authority; but too feeble in those +disorderly times to sway a sceptre, whose weight depended entirely on +the firmness and dexterity of the hand which held it. + +[MN Hugh de Burgh displaced.] +The ablest and most virtuous minister that Henry ever possessed was +Hubert de Burgh [h]; a man who had been steady to the crown in the +most difficult and dangerous times, and who yet showed no disposition, +in the height of his power, to enslave or oppress the people. The +only exceptionable part of his conduct is that which is mentioned by +Matthew Paris [i], if the fact be really true; and proceeded from +Hubert's advice, namely, the recalling publicly and the annulling of +the charter of forests, a concession so reasonable in itself, and so +passionately claimed both by the nobility and people: but it must be +confessed that this measure is so unlikely, both from the +circumstances of the times and character of the minister, that there +is reason to doubt of its reality, especially as it is mentioned by no +other historian. Hubert, while he enjoyed his authority, had an +entire ascendant over Henry, and was loaded with honours and favours +beyond any other subject. Besides acquiring the property of many +castles and manors, he married the eldest sister of the King of Scots, +was created Earl of Kent, and, by an unusual concession, was made +chief justiciary of England for life: [MN 1231.] yet Henry, in a +sudden caprice, threw off this faithful minister, and exposed him to +the violent persecutions of his enemies. Among other frivolous crimes +objected to him, he was accused of gaining the king's affections by +enchantment, and of purloining from the royal treasury a gem, which +had the virtue to render the wearer invulnerable, and of sending this +valuable curiosity to the Prince of Wales [k]. The nobility, who +hated Hubert on account of his zeal in resuming the rights and +possessions of the crown, no sooner saw the opportunity favourable, +than they inflamed the king's animosity against him, and pushed him to +seek the total ruin of his minister. Hubert took sanctuary in a +church: the king ordered him to be dragged from thence: he recalled +those orders: he afterwards renewed them: he was obliged by the clergy +to restore him to the sanctuary: he constrained him soon after to +surrender himself prisoner, and he confined him in the castle of +Devizes. Hubert made his escape, was expelled the kingdom, was again +received into favour, recovered a great share of the king's +confidence, but never showed any inclination to reinstate himself in +power and authority [l]. +[FN [h] Ypod. Neustriae, p. 464. [i] P. 232. M. West. p. 216, +ascribes this counsel to Peter, Bishop of Winchester. [k] M. Paris, +p. 259. [l] Ibid. p. 259, 260, 261, 266. Chron. T. Wykes, p. 41, 42. +Chron. Dunst. vol. i. p. 220, 221. M. West. p. 291, 301.] + +[MN Bishop of Winchester minister.] +The man who succeeded him in the government of the king and kingdom +was Peter, Bishop of Winchester, a Poictevin by birth, who had been +raised by the late king, and who was no less distinguished by his +arbitrary principles and violent conduct, than by his courage and +abilities. This prelate had been left by King John justiciary and +regent of the kingdom during an expedition which that prince made into +France; and his illegal administration was one chief cause of that +great combination among the barons which finally extorted from the +crown the charter of liberties, and laid the foundations of the +English constitution. Henry, though incapable, from his character, of +pursuing the same violent maxims which had governed his father, had +imbibed the same arbitrary principles; and, in prosecution of Peter's +advice, he invited over a great number of Poictevins, and other +foreigners, who, he believed, could more safely be trusted than the +English, and who seemed useful to counterbalance the great and +independent power of the nobility [m]. Every office and command was +bestowed on these strangers: they exhausted the revenues of the crown, +already too much impoverished [n]; they invaded the rights of the +people; and their insolence, still more provoking than their power, +drew on them the hatred and envy of all orders of men in the kingdom +[o]. +[FN [m] M. Paris, p. 263. [n] Chron. Dunst. vol. i. p. 151. [o] M. +Paris, p. 268.] + +[MN 1233.] The barons formed a combination against this odious +ministry, and withdrew from Parliament, on pretence of the danger to +which they were exposed from the machinations of the Poictevins. When +again summoned to attend, they gave for answer, that the king should +dismiss his foreigners, otherwise they would drive both him and them +out of the kingdom, and put the crown on another head more worthy to +wear it [p]: such was the style they used to their sovereign! They at +last came to Parliament, but so well attended, that they seemed in a +condition to prescribe laws to the king and ministry. Peter des +Roches, however, had in the interval found means of sowing dissension +among them, and of bringing over to his party the Earl of Cornwall, as +well as the Earls of Lincoln and Chester. The confederates were +disconcerted in their measures: Richard, Earl Mareschal, who had +succeeded to that dignity on the death of his brother William, was +chased into Wales; he thence withdrew into Ireland, where he was +treacherously murdered by the contrivance of the Bishop of Winchester +[q]. The estates of the more obnoxious barons were confiscated, +without legal sentence or trial by their peers [r], and were bestowed +with a profuse liberality on the Poictevins. Peter even carried his +insolence so far as to declare publicly, that the barons of England +must not pretend to put themselves on the same footing with those of +France; or assume the same liberties and privileges: the monarch in +the former country had a more absolute power than in the latter. It +had been more justifiable for him to have said, that men, so unwilling +to submit to the authority of laws, could with the worst grace claim +any shelter or protection from them. +[FN [p] Ibid. p. 265. [q] Chron. Dunst. vol. i. p. 219. [r] M. +Paris, p. 265.] + +When the king at any time was checked in his illegal practices, and +when the authority of the great charter was objected to him, he was +wont to reply, "Why should I observe this charter, which is neglected +by all my grandees, both prelates and nobility?" It was very +reasonably said to him, "You ought, sir, to set them the example [s]." +[FN [s] Ibid. p. 609.] + +So violent a ministry as that of the Bishop of Winchester could not be +of long duration; but its fall proceeded at last from the influence of +the church, not from the efforts of the nobles. Edmond, the primate, +came to court, attended by many of the other prelates, and represented +to the king the pernicious measures embraced by Peter des Roches, the +discontents of his people, the ruin of his affairs; and, after +requiring the dismission of the minister and his associates, +threatened him with excommunication in case of his refusal. Henry, +who knew that an excommunication so agreeable to the sense of the +people could not fail of producing the most dangerous effects, was +obliged to submit: foreigners were banished: the natives were restored +to their place in council [t]: the primate, who was a man of prudence, +and who took care to execute the laws, and observe the charter of +liberties, bore the chief sway in the government. +[FN [t] Ibid. p. 271, 272.] + +[MN 1236. Jan.] But the English in vain flattered themselves that +they should be long free from the dominion of foreigners. [MN King's +partiality to foreigners.] The king having married Eleanor, daughter +of the Count of Provence [u], was surrounded by a great number of +strangers from that country, whom he caressed with the fondest +affection, and enriched by an imprudent generosity [w]. The Bishop of +Valence, a prelate of the house of Savoy, and maternal uncle to the +queen, was his chief minister, and employed every art to amass wealth +for himself and his relations. Peter of Savoy, a brother of the same +family, was invested in the honour of Richmond, and received the rich +wardship of Earl Warrenne: Boniface of Savoy was promoted to the see +of Canterbury. Many young ladies were invited over from Provence, and +married to the chief noblemen in England, who were the king's wards +[x]. And as the source of Henry's bounty began to fail, his Savoyard +ministry applied to Rome, and obtained a bull, permitting him to +resume all past grants; absolving him from the oath which he had taken +to maintain them; even enjoining him to make such a resumption, and +representing those grants as invalid, on account of the prejudice +which ensued from them to the Roman pontiff, in whom the superiority +of the kingdom was vested [y]. The opposition made to the intended +resumption prevented it from taking place; but the nation saw the +indignities to which the king was willing to submit, in order to +gratify the avidity of his foreign favourites. About the same time he +published in England the sentence of excommunication pronounced +against the Emperor Frederic, his brother-in-law [z]; and said, in +excuse, that, being the pope's vassal, he was obliged by his +allegiance to obey all the commands of his holiness. In this weak +reign, when any neighbouring potentate insulted the king's dominions, +instead of taking revenge for the injury, he complained to the pope as +his superior lord, and begged him to give protection to his vassal +[a]. +[FN [u] Rymer, vol. i. p. 448. M. Paris, p. 286. [w] M. Paris, p. +236, 301, 305, 316, 541. M. West. p. 302, 304. [x] M. Paris, p. 484. +M. West. p. 338. [y] M. Paris, p. 295, 301. [z] Rymer, vol. i. p. +383. [a] Chron. Dunst. vol. i. p. 150.] + +[MN 1236. Grievances.] +The resentment of the English barons rose high at the preference given +to foreigners; but no remonstrance or complaint could ever prevail on +the king to abandon them, or even to moderate his attachment towards +them. After the Provencals and Savoyards might have been supposed +pretty well satiated with the dignities and riches which they had +acquired, a new set of hungry foreigners were invited over, and shared +among them those favours, which the king ought in policy to have +conferred on the English nobility, by whom his government could have +been supported and defended. His mother, Isabella, who had been +unjustly taken by the late king from the Count de la Marche, to whom +she was betrothed, was no sooner mistress of herself, by the death of +her husband, than she married that nobleman [b]; [MN 1247.] and she +had borne him four sons, Guy, William, Geoffrey, and Aymer, whom she +sent over to England, in order to pay a visit to their brother. The +good-natured and affectionate disposition of Henry was moved at the +sight of such near relations; and he considered neither his own +circumstances, nor the inclinations of his people, in the honours and +riches which he conferred upon them [c]. Complaints rose as high +against the credit of the Gascon, as ever they had done against that +of the Poictevin and of the Savoyard favourites; and to a nation +prejudiced against them, all their measures appeared exceptionable and +criminal. Violations of the great charter were frequently mentioned; +and it is indeed more than probable that foreigners, ignorant of the +laws, and relying on the boundless affections of a weak prince, would, +in an age when a regular administration was not any where known, pay +more attention to their present interest than to the liberties of the +people. It is reported that the Poictevins and other strangers, when +the laws were at any time appealed to, in opposition to their +oppressions, scrupled not to reply, WHAT DID THE ENGLISH LAWS SIGNIFY +TO THEM? THEY MINDED THEM NOT. And as words are often more offensive +than actions, this open contempt of the English tended much to +aggravate the general discontent, and made every act of violence +committed by the foreigners appear not only an injury but an affront +to them [d]. +[FN [b] Trivet, p. 174. [c] M. Paris, p. 491. M. West. p. 338. +Knyghton, p. 2436. [d] M. Paris, p. 566, 666. Ann. Waverl. p. 214. +Chron. Dunst. vol. i. p. 335.] + +I reckon not among the violations of the great charter some arbitrary +exertions of prerogative, to which Henry's necessities pushed him, and +which, without producing any discontent, were uniformly continued by +all his successors till the last century. As the Parliament often +refused him supplies, and that in a manner somewhat rude and indecent +[e], he obliged his opulent subjects, particularly the citizens of +London, to grant him loans of money; and it is natural to imagine, +that the same want of economy which reduced him to the necessity of +borrowing, would prevent him from being very punctual in the repayment +[f]. He demanded benevolences, or pretended voluntary contributions, +from his nobility and prelates [g]. He was the first king of England +since the Conquest that could fairly be said to lie under the +restraint of law; and he was also the first that practised the +dispensing power, and employed the clause of NON OBSTANTE in his +grants and patents. When objections were made to this novelty, he +replied, that the pope exercised that authority; and why might not he +imitate the example? But the abuse which the pope made of his +dispensing power, in violating the canons of general councils, in +invading the privileges and customs of all particular churches, and in +usurping on the rights of patrons, was more likely to excite the +jealousy of the people, than to reconcile them to a similar practice +in their civil government. Roger de Thurkesby, one of the king's +justices, was so displeased with the precedent, that he exclaimed, +ALAS! WHAT TIMES ARE WE FALLEN INTO! BEHOLD, THE CIVIL COURT IS +CORRUPTED IN IMITATION OF THE ECCLESIASTICAL, AND THE RIVER IS +POISONED FROM THE FOUNTAIN. +[FN [e] M. Paris, p. 301. [f] Ibid. p. 406. [g] Ibid. p. 507.] + +The king's partiality and profuse bounty to his foreign relations, and +to their friends and favourites, would have appeared more tolerable to +the English, had any thing been done meanwhile for the honour of the +nation; or had Henry's enterprises in foreign countries been attended +with any success or glory to himself or to the public: at least, such +military talents in the king would have served to keep his barons in +awe, and have given weight and authority to his government. But +though he declared war against Lewis IX. in 1242, and made an +expedition into Guienne, upon the invitation of his father-in-law, the +Count de la Marche, who promised to join him with all his forces, he +was unsuccessful in his attempts against that great monarch, was +worsted at Taillebourg, was deserted by his allies, lost what remained +to him of Poictou, and was obliged to return, with loss of honour, +into England [h]. The Gascon nobility were attached to the English +government, because the distance of their sovereign allowed them to +remain in a state of almost total independence; [MN 1253.] and they +claimed, some time after, Henry's protection against an invasion, +which the King of Castile made upon that territory. Henry returned +into Guienne, and was more successful in this expedition; but he +thereby involved himself and his nobility in an enormous debt, which +both increased their discontents, and exposed him to greater danger +from their enterprises [i]. +[FN [h] M. Paris, p. 393, 394, 398, 399, 405. W. Heming. p. 574. +Chron. Dunst. vol. i. p. 153. [i] M. Paris, p. 614.] + +Want of economy, and an ill-judged liberality, were Henry's great +defects; and his debts, even before this expedition, had become so +troublesome, that he sold all his plate and jewels, in order to +discharge them. When this expedient was first proposed to him, he +asked where he should find purchasers? It was replied, the citizens +of London. ON MY WORD, said he, IF THE TREASURY OF AUGUSTUS WERE +BROUGHT FOR SALE, THE CITIZENS ARE ABLE TO BE THE PURCHASERS: THESE +CLOWNS, WHO ASSUME TO THEMSELVES THE NAME OF BARONS, ABOUND IN EVERY +THING, WHILE WE ARE REDUCED TO NECESSITIES [k]. And he was +thenceforth observed to be more forward and greedy in his exactions +upon the citizens [l]. +[FN [k] Ibid. p. 501. [l] Ibid. p. 501, 507, 518, 578, 606, 625, +648.] + +[MN Ecclesiastical grievances.] +But the grievances, which the English during this reign had reason to +complain of in the civil government, seem to have been still less +burdensome than those which they suffered from the usurpations and +exactions of the court of Rome. [MN 1253.] On the death of Langton +in 1228, the monks of Christ-church elected Walter de Hemesham, one of +their own body, for his successor: but as Henry refused to confirm the +election, the pope, at his desire, annulled it [m]; and immediately +appointed Richard, Chancellor of Lincoln, for archbishop, without +waiting for a new election. On the death of Richard in 1231, the +monks elected Ralph de Neville, Bishop of Chichester; and though Henry +was much pleased with the election, the pope, who thought that prelate +too much attached to the crown, assumed the power of annulling his +election [n]. He rejected two clergymen more, whom the monks had +successively chosen; and he at last told them, that, if they would +elect Edmond, treasurer of the church of Salisbury, he would confirm +their choice; and his nomination was complied with. The pope had the +prudence to appoint both times very worthy primates; but men could not +forbear observing his intention of thus drawing gradually to himself +the right of bestowing that important dignity. +[FN [m] M. Paris, p. 224. [n] Ibid. p. 254.] + +The avarice, however, more than the ambition, of the see of Rome, +seems to have been in this age the ground of general complaint. The +papal ministers, finding a vast stock of power amassed by their +predecessors, were desirous of turning it to immediate profit which +they enjoyed at home, rather than of enlarging their authority in +distant countries, where they never intended to reside. Every thing +was become venal in the Romish tribunals; simony was openly practised; +no favours, and even no justice, could be obtained without a bribe; +the highest bidder was sure to have the preference, without regard +either to the merits of the person or of the cause; and besides the +usual perversions of right in the decision of controversies, the pope +openly assumed an absolute and uncontrolled authority of setting +aside, by the plenitude of his apostolic power, all particular rules, +and all privileges of patrons, churches, and convents. On pretence of +remedying these abuses, Pope Honorius, in 1226, complaining of the +poverty of his see as the source of all grievances, demanded from +every cathedral two of the best prebends, and from every convent two +monks' portions, to be set apart as a perpetual and settled revenue of +the papal crown: but all men being sensible that the revenue would +continue for ever, the abuses immediately return, his demand was +unanimously rejected. About three years after, the pope demanded and +obtained the tenth of all ecclesiastical revenues, which he levied in +a very oppressive manner; requiring payment before the clergy had +drawn their rents or tithes, and sending about usurers, who advanced +them the money at exorbitant interest. In the year 1240, Otho, the +legate, having in vain attempted the clergy in a body, obtained +separately, by intrigues and menaces, large sums from the prelates and +convents, and on his departure is said to have carried more money out +of the kingdom than he left in it. This experiment was renewed four +years after with success by Martin the nuncio, who brought from Rome +powers of suspending and excommunicating all clergymen that refused to +comply with his demands. The king, who relied on the pope for the +support of his tottering authority, never failed to countenance those +exactions. + +Meanwhile, all the chief benefices of the kingdom were conferred on +Italians; great numbers of that nation were sent over at one time to +be provided for; non-residence and pluralities were carried to an +enormous height; Mansel, the king's chaplain, is computed to have held +at once seven hundred ecclesiastical livings; and the abuses became so +evident as to be palpable to the blindness of superstition itself. +The people, entering into associations, rose against the Italian +clergy; pillaged their barns; wasted their lands; insulted the persons +of such of them as they found in the kingdom [o]; and when the +justices made inquiry into the authors of this disorder, the guilt was +found to involve so many, and those of such high rank, that it passed +unpunished. At last, when Innocent IV., in 1245, called a general +council at Lyons, in order to excommunicate the Emperor Frederic, the +king and nobility sent over agents to complain before the council of +the rapacity of the Romish church. They represented, among many other +grievances, that the benefices of the Italian clergy in England had +been estimated, and were found to amount to sixty thousand marks [p] a +year, a sum which exceeded the annual revenue of the crown [q]. They +obtained only an evasive answer from the pope; but as mention had been +made before the council of the feudal subjection of England to the see +of Rome, the English agents, at whose head was Roger Bigod, Earl of +Norfolk, exclaimed against the pretension, and insisted that King John +had no right, without the consent of his barons, to subject the +kingdom to so ignominious a servitude [r]. The popes, indeed, afraid +of carrying matters too far against England, seem thenceforth to have +little insisted on that pretension. +[FN [o] Rymer, vol. i. p. 323. M. Paris, p. 255, 257. [p] Innocent's +bull in Rymer, vol. i. p. 471, says only fifty thousand marks a year. +[q] M. Paris, p. 451. The customs were part of Henry's revenue, and +amounted to six thousand pounds a year: they were at first small sums +paid by the merchants for the use of the king's warehouses, measures, +weights, &c. See Gilbert's History of the Exch. p. 214. [r] M. +Paris, p. 460.] + +This check, received at the council of Lyons, was not able to stop the +court of Rome in its rapacity; Innocent exacted the revenues of all +vacant benefices, the twentieth of all ecclesiastical revenues without +exception; the third of such as exceeded a hundred marks a year, and +the half of such as were possessed by non-residents [s]. He claimed +the goods of all intestate clergymen [t]; he pretended a title to +inherit all money gotten by usury; he levied benevolences upon the +people; and when the king, contrary to his usual practice, prohibited +these exactions, he threatened to pronounce against him the same +censures which he had emitted against the Emperor Frederic [u]. +[FN [s] Ibid. p. 480. Ann. Burt. p. 305, 373. [t] M. Paris, p. 474. +[u] Ibid. p. 476.] + +[MN 1255.] But the most oppressive expedient employed by the pope was +the embarking of Henry in a project for the conquest of Naples or +Sicily on this side the Fare, as it was called; an enterprise, which +threw much dishonour on the king, and involved him, during some years, +in great trouble and expense. The Romish church, taking advantage of +favourable incidents, had reduced the kingdom of Sicily to the same +state of feudal vassalage which she pretended to extend over England, +and which, by reason of the distance, as well as high spirit of this +latter kingdom, she was not able to maintain. After the death of the +Emperor Frederic II., the succession of Sicily devolved to Conradine, +grandson of that monarch; and Mainfroy, his natural son, under +pretence of governing the kingdom during the minority of the prince, +had formed a scheme of establishing his own authority. Pope Innocent, +who had carried on violent war against the Emperor Frederic, and had +endeavoured to dispossess him of his Italian dominions, still +continued hostilities against his grandson; but being disappointed in +all his schemes by the activity and artifices of Mainfroy, he found +that his own force alone was not sufficient to bring to a happy issue +so great an enterprise. He pretended to dispose of the Sicilian +crown, both as superior lord of that particular kingdom, and as vicar +of Christ, to whom all kingdoms of the earth were subjected; and he +made a tender of it to Richard, Earl of Cornwall, whose immense +riches, he flattered himself, would be able to support the military +operations against Mainfroy. As Richard had the prudence to refuse +the present [w], he applied to the king, whose levity and thoughtless +disposition gave Innocent more hopes of success; and he offered him +the crown of Sicily for his second son, Edmond [x]. Henry, allured by +so magnificent a present, without reflecting on the consequences, +without consulting either with his brother or the Parliament, accepted +of the insidious proposal; and gave the pope unlimited credit to +expend whatever sums he thought necessary for completing the conquest +of Sicily. Innocent, who was engaged by his own interests to wage war +with Mainfroy, was glad to carry on his enterprises at the expense of +his ally: Alexander IV., who succeeded him in the papal throne, +continued the same policy; and Henry was surprised to find himself on +a sudden involved in an immense debt, which he had never been +consulted in contracting. The sum already amounted to one hundred and +thirty-five thousand five hundred and forty-one marks, besides +interest [y]; and he had the prospect, if he answered this demand, of +being soon loaded with more exorbitant expenses; if he refused it, of +both incurring the pope's displeasure, and losing the crown of Sicily, +which he hoped soon to have the glory of fixing on the head of his +son. +[FN [w] M. Paris, p. 650. [x] Rymer, vol. i. p. 502, 512, 530. M. +Paris, p. 599, 613. [y] Rymer, vol. i. p. 587. Chron. Dunst. vol. i. +p. 319.] + +He applied to the Parliament for supplies; and that he might be sure +not to meet with opposition, he sent no writs to the more refractory +barons; but even those who were summoned, sensible of the ridiculous +cheat imposed by the pope, determined not to lavish their money on +such chimerical projects; and making a pretext of the absence of their +brethren, they refused to take the king's demands into consideration +[z]. In this extremity the clergy were his only resource; and as both +their temporal and spiritual sovereign concurred in loading them, they +were ill able to defend themselves against this united authority. +[FN [z] M. Paris, p. 614.] + +The pope published a crusade for the conquest of Sicily; and required +every one, who had taken the cross against the infidels, or had vowed +to advance money for that service, to support the war against +Mainfroy, a more terrible enemy, as he pretended, to the Christian +faith than any Saracen [a]. He levied a tenth on all ecclesiastical +benefices in England for three years; and gave orders to excommunicate +all bishops who made not punctual payment. He granted to the king the +goods of intestate clergymen; the revenues of vacant benefices; the +revenues of all non-residents [b]. But these taxations, being levied +by some rule, were deemed less grievous than another imposition, which +arose from the suggestion of the Bishop of Hereford, and which might +have opened the door to endless and intolerable abuses. +[FN [a] Rymer, vol. i. p. 547, 548, &c. [b] Ibid. vol. i. p. 597, +598.] + +This prelate, who resided at the court of Rome, by a deputation from +the English church, drew bills of different values, but amounting on +the whole to one hundred and fifty thousand five hundred and forty +marks, on all the bishops and abbots of the kingdom; and granted these +bills to Italian merchants, who, it was pretended, had advanced money +for the service of the war against Mainfroy [c]. As there was no +likelihood of the English prelates submitting, without compulsion, to +such an extraordinary demand, Rustand, the legate, was charged with +the commission of employing authority to that purpose; and he summoned +an assembly of the bishops and abbots, whom he acquainted with the +pleasure of the pope and of the king. Great were the surprise and +indignation of the assembly. The Bishop of Worcester exclaimed, that +he would lose his life rather than comply: the Bishop of London said, +that the pope and king were more powerful than he; but if his mitre +were taken off his head, he would clap on a helmet in its place [d]. +The legate was no less violent on the other hand; and he told the +assembly, in plain terms, that all ecclesiastical benefices were the +property of the pope, and he might dispose of them, either in whole or +in part, as he saw proper [e]. In the end, the bishops and abbots, +being threatened with excommunication, which made all the revenues +fall into the king's hands, were obliged to submit to the exaction; +and the only mitigation which the legate allowed them was, that the +tenths, already granted, should be accepted as a partial payment of +the bills. But the money was still insufficient for the pope's +purpose: the conquest of Sicily was as remote as ever: the demands +which came from Rome were endless: Pope Alexander became so urgent a +creditor, that he sent over a legate to England, threatening the +kingdom with an interdict, and the king with excommunication, if the +arrears, which he pretended to be due to him, were not instantly +remitted [f]. And at last Henry, sensible of the cheat, began to +think of breaking off the agreement, and of resigning into the pope's +hands that crown, which it was not intended by Alexander, that he or +his family should ever enjoy [g]. +[FN [c] M. Paris, p. 612, 628. Chron. T. Wykes, p. 54. [d] M. Paris, +p. 614. [e] Ibid. p. 619. [f] Rymer, vol. i. p. 624. M. Paris, p. +648. [g] Rymer, vol. i. p. 630.] + +[MN Earl of Cornwall elected King of the Romans.] +The Earl of Cornwall had now reason to value himself on his foresight, +in refusing the fraudulent bargain with Rome, and in preferring the +solid honours of an opulent and powerful prince of the blood of +England, to the empty and precarious glory of a foreign dignity. But +he had not always firmness sufficient to adhere to this resolution: +his vanity and ambition prevailed at last over his prudence and his +avarice; and he was engaged in an enterprise no less extensive and +vexatious than that of his brother, and not attended with much greater +probability of success. The immense opulence of Richard having made +the German princes cast their eye on him as a candidate for the +empire, he was tempted to expend vast sums of money on his election; +and he succeeded so far as to be chosen King of the Romans, which +seemed to render his succession infallible to the imperial throne. He +went over to Germany, and carried out of the kingdom no less a sum +than seven hundred thousand marks, if we may credit the account given +by some ancient authors [h], which is probably much exaggerated [i]. +His money, while it lasted, procured him friends and partisans; but it +was soon drained from him by the avidity of the German princes; and +having no personal or family connexions in that country, and no solid +foundation of power, he found at last that he had lavished away the +frugality of a whole life in order to procure a splendid title; and +that his absence from England, joined to the weakness of his brother's +government, gave reins to the factious and turbulent dispositions of +the English barons, and involved his own country and family in great +calamities. +[FN [h] M. Paris, p. 638. The same author, a few pages before, makes +Richard's treasures amount to little more than half the sum, p. 634. +The king's dissipations and expenses, throughout his whole reign, +according to the same author, had amounted only to about nine hundred +and forty thousand marks, p. 638. [i] The sums mentioned by ancient +authors, who were almost all monks, are often improbable, and never +consistent. But we know, from an infallible authority, the public +remonstrance to the council of Lyons, that the king's revenues were +below sixty thousand marks a year: his brother, therefore, could never +have been master of seven hundred thousand marks; especially as he did +not sell his estates in England, as we learn from the same author: and +we hear afterwards of his ordering all his woods to be cut, in order +to satisfy the rapacity of the German princes. His son succeeded to +the earldom of Cornwall, and his other revenues.] + +[MN Discontents of the barons.] +The successful revolt of the nobility from King John, and their +imposing on him and his successors limitations of their royal power, +had made them feel their own weight and importance, had set a +dangerous precedent of resistance, and being followed by a long +minority, had impoverished as well as weakened that crown, which they +were at last induced, from the fear of worse consequences, to replace +on the head of young Henry. In the king's situation, either great +abilities and vigour were requisite to overawe the barons, or great +caution and reserve to give them no pretence for complaints; and it +must be confessed that this prince was possessed of neither of these +talents. He had not prudence to choose right measures; he wanted even +that constancy, which sometimes gives weight to wrong ones; he was +entirely devoted to his favourites, who were always foreigners; he +lavished on them, without discretion, his diminished revenue; and +finding that his barons indulged their disposition towards tyranny, +and observed not to their own vassals the same rules which they had +imposed on the crown, he was apt, in his administration, to neglect +all the salutary articles of the great charter, which he remarked to +be so little regarded by his nobility. This conduct had extremely +lessened his authority in the kingdom; had multiplied complaints +against him; and had frequently exposed him to affronts, and even to +dangerous attempts upon his prerogative. In the year 1244, when he +desired a supply from Parliament, the barons, complaining of the +frequent breaches of the great charter, and of the many fruitless +applications which they had formerly made for the redress of this and +other grievances, demanded, in return, that he should give them the +nomination of the great justiciary and of the chancellor, to whose +hands chiefly the administration of justice was committed; and if we +may credit the historian [k], they had formed the plan of other +limitations, as well as of associations to maintain them, which would +have reduced the king to be an absolute cipher; and have held the +crown in perpetual pupilage and dependence. The king, to satisfy +them, would agree to nothing but a renewal of the charter, and a +general permission to excommunicate all the violaters of it; and he +received no supply, except a scutage of twenty shillings on each +knight's fee, for the marriage of his eldest daughter to the King of +Scotland; a burden which was expressly annexed to their feudal +tenures. +[FN [k] M. Paris, p. 432.] + +Four years after, in a full Parliament, when Henry demanded a new +supply, he was openly reproached with a breach of his word, and the +frequent violations of the charter. He was asked, whether he did not +blush to desire any aid from his people, whom he professedly hated and +despised, to whom, on all occasions, he preferred aliens and +foreigners, and who groaned under the oppressions which he either +permitted or exercised over them. He was told that, besides +disparaging his nobility, by forcing them to contract unequal and mean +marriages with strangers, no rank of men was so low as to escape +vexatious from him or his ministers; that even the victuals consumed +in his household, the clothes which himself and his servants wore, +still more the wine which they used, were all taken by violence from +the lawful owners, and no compensation was ever made them for the +injury; that foreign merchants, to the great prejudice and infamy of +the kingdom, shunned the English harbours, as if they were possessed +by pirates, and the commerce with all nations was thus cut off by +these acts of violence; that loss was added to loss, and injury to +injury, while the merchants, who had been despoiled of their goods, +were also obliged to carry them at their own charge to whatever place +the king was pleased to appoint them; that even the poor fishermen on +the coast could not escape his oppressions and those of his courtiers; +and finding that they had not full liberty to dispose of their +commodities in the English market, were frequently constrained to +carry them to foreign ports, and to hazard all the perils of the +ocean, rather than those which awaited them from his oppressive +emissaries; and that his very religion was a ground of complaint to +his subjects, while they observed, that the waxen tapers and splendid +silks, employed in so many useless processions, were the spoils which +he had forcibly ravished from the true owners [l]. Throughout this +remonstrance, in which the complaints, derived from an abuse of the +ancient right of purveyance, may be supposed to be somewhat +exaggerated, there appears a strange mixture of regal tyranny in the +practices which gave rise to it, and of aristocratical liberty, or +rather licentiousness, in the expressions employed by the Parliament. +But a mixture of this kind is observable in all the ancient feudal +governments; and both of them proved equally hurtful to the people. +[FN [l] M. Paris, p. 498. See farther, p. 578. M. West. p. 348.] + +As the king, in answer to their remonstrance, gave the Parliament only +good words and fair promises, attended with the most humble +submissions, which they had often found deceitful, he obtained at that +time no supply; and therefore, in the year 1253, when he found himself +again under the necessity of applying to Parliament, he had provided a +new pretence, which he deemed infallible, and taking the vow of a +crusade, he demanded their assistance in that pious enterprise [m]. +The Parliament, however, for some time hesitated to comply; and the +ecclesiastical order sent a deputation, consisting of four prelates, +the primate, and the Bishops of Winchester, Salisbury, and Carlisle, +in order to remonstrate with him on his frequent violations of their +privileges, the oppressions with which he had loaded them and all his +subjects [n], and the uncanonical and forced elections which were made +to vacant dignities. "It is true," replied the king, "I have been +somewhat faulty in this particular: I obtruded you, my Lord of +Canterbury, upon your see: I was obliged to employ both entreaties and +menaces, my Lord of Winchester, to have you elected: my proceedings, I +confess, were very irregular, my Lords of Salisbury and Carlisle, when +I raised you from the lowest stations to your present dignities: I am +determined henceforth to correct these abuses; and it will also become +you, in order to make a thorough reformation, to resign your present +benefices, and try to enter again in a more regular and canonical +manner [o]." The bishops, surprised at these unexpected sarcasms, +replied, that the question was not at present how to correct past +errors, but to avoid them for the future. The king promised redress +both of ecclesiastical and civil grievances; and the Parliament in +return agreed to grant him a supply, a tenth of the ecclesiastical +benefices, and a scutage of three marks on each knight's fee: but as +they had experienced his frequent breach of promise, they required +that he should ratify the great charter in a manner still more +authentic and more solemn than any which he had hitherto employed. +All the prelates and abbots were assembled: they held burning tapers +in their hands: the great charter was read before them: they denounced +the sentence of excommunication against every one who should +thenceforth violate that fundamental law: they threw their tapers on +the ground, and exclaimed, MAY THE SOUL OF EVERY ONE WHO INCURS THIS +SENTENCE SO STINK AND CORRUPT IN HELL! The king bore a part in this +ceremony, and subjoined, "So help me God, I will keep all these +articles inviolate, as I am a man, as I am a Christian, as I am a +knight, and as I am a king crowned and anointed [p]." Yet was the +tremendous ceremony no sooner finished, than his favourites, abusing +his weakness, made him return to the same arbitrary and irregular +administration; and the reasonable expectations of his people were +thus perpetually eluded and disappointed [q]. +[FN [m] M. Paris, p. 518, 558, 568. Chron. Dunst. vol. i. p. 293. +[n] M. Paris, p. 568. [o] Ibid. p. 579. [p] M. Paris, p. 580. Ann. +Burt. p. 323. Ann. Waverl. p. 210. W. Heming. p. 571. M. West. p. +353. [q] M. Paris, p. 597, 608.] + +[MN 1258. Simon de Montfort, Earl of Leicester.] +All these imprudent and illegal measures afforded a pretence to Simon +de Montfort, Earl of Leicester, to attempt an innovation in the +government, and to wrest the sceptre from the feeble and irresolute +hand which held it. This nobleman was a younger son of that Simon de +Montfort, who had conducted, with such valour and renown, the crusade +against the Albigenses, and who, though he tarnished his famous +exploits by cruelty and ambition, had left a name very precious to all +the bigots of that age, particularly to the ecclesiastics. A large +inheritance in England fell by succession to this family; but as the +elder brother enjoyed still more opulent possessions in France, and +could not perform fealty to two masters, he transferred his right to +Simon, his younger brother, who came over to England, did homage for +his lands, and was raised to the dignity of Earl of Leicester. In the +year 1238, he espoused Eleanor, dowager of William, Earl of Pembroke, +and sister to the king [r]; but the marriage of this princess with a +subject and a foreigner, though contracted with Henry's consent, was +loudly complained of by the Earl of Cornwall and all the barons of +England; and Leicester was supported against their violence by the +king's favour and authority alone [s]. But he had no sooner +established himself in his possessions and dignities, than he +acquired, by insinuation and address, a strong interest with the +nation, and gained equally the affections of all orders of men. He +lost, however, the friendship of Henry, from the usual levity and +fickleness of that prince; he was banished the court; he was recalled; +he was intrusted with the command of Guienne [t], where he did good +service and acquired honour; he was again disgraced by the king, and +his banishment from court seemed now final and irrevocable. Henry +called him traitor to his face: Leicester gave him the lie, and told +him, that if he were not his sovereign, he would soon make him repent +of that insult. Yet was this quarrel accommodated, either from the +good nature or timidity of the king; and Leicester was again admitted +into some degree of favour and authority. But as this nobleman was +become too great to preserve an entire complaisance to Henry's +humours, and to act in subserviency to his other minions, he found +more advantage in cultivating his interest with the public, and in +inflaming the general discontents which prevailed against the +administration. He filled every place with complaints against the +infringement of the great charter, the acts of violence committed on +the people, the combination between the pope and the king in their +tyranny and extortions, Henry's neglect of his native subjects and +barons; and though he himself a foreigner, he was more loud than any +in representing the indignity of submitting to the dominion of +foreigners. By his hypocritical pretensions to devotion, he gained +the favour of the zealots and clergy: by his seeming concern for +public good, he acquired the affections of the public: and besides the +private friendships which he had cultivated with the barons, his +animosity against the favourites created an union of interests between +him and that powerful order. +[FN [r] Ibid. p. 314. [s] M. Paris, p. 315. [t] Rymer, vol. i. p. +459, 513.] + +A recent quarrel, which broke out between Leicester and William de +Valence, Henry's half-brother, and chief favourite, brought matters to +extremity [u], and determined the former to give full scope to his +bold and unbounded ambition, which the laws and the king's authority +had hitherto with difficulty restrained. He secretly called a meeting +of the most considerable barons, particularly Humphrey de Bohun, high +constable, Roger Bigod, earl mareschal, and the Earls of Warwick and +Gloucester; men who by their family and possessions stood in the first +rank of the English nobility. He represented to this company the +necessity of reforming the state, and of putting the execution of the +laws into other hands than those which had hitherto appeared, from +repeated experience, so unfit for the charge with which they were +intrusted. He exaggerated the oppressions exercised against the lower +orders of the state, the violations of the barons' privileges, the +continued depredations made on the clergy; and in order to aggravate +the enormity of his conduct, he appealed to the great charter, which +Henry had so often ratified, and which was calculated to prevent for +ever the return of those intolerable grievances. He magnified the +generosity of their ancestors, who, at a great expense of blood, had +extorted that famous concession from the crown; but lamented their own +degeneracy, who allowed so important an advantage, once obtained, to +be wrested from them by a weak prince and by insolent strangers. And +he insisted, that the king's word, after so many submissions and +fruitless promises on his part, could no longer be relied on; and that +nothing but his absolute inability to violate national privileges +could henceforth ensure the regular observance of them. +[FN [u] M. Paris, p. 649.] + +These topics, which were founded in truth, and suited so well to the +sentiments of the company, had the desired effect; and the barons +embraced a resolution of redressing the public grievances, by taking +into their own hands the administration of government. Henry having +summoned a Parliament, in expectation of receiving supplies for his +Sicilian project, the barons appeared in the hall, clad in complete +armour, and with their swords by their side: the king on his entry, +struck with the unusual appearance, asked them what was their purpose, +and whether they intended to make him their prisoner [w]: Roger Bigod +replied, in the name of the rest, that he was not their prisoner, but +their sovereign; that they even intended to grant him large supplies, +in order to fix his son on the throne of Sicily; that they only +expected some return for this expense and service; and that, as he had +frequently made submissions to the Parliament, had acknowledged his +past errors, and had still allowed himself to be carried into the same +path, which gave them such just reason of complaint, he must now yield +to more strict regulations, and confer authority on those who were +able and willing to redress the national grievances. Henry, partly +allured by the hopes of supply, partly intimidated by the union and +martial appearance of the barons, agreed to their demand: and promised +to summon another Parliament at Oxford, in order to digest the new +plan of government, and to elect the persons who were to be intrusted +with the chief authority. +[FN [w] Annal. Theokesbury.] + +[MN 11th June. Provisions of Oxford.] +This Parliament, which the royalists, and even the nation, from +experience of the confusions that attended its measures, afterwards +denominated the MAD PARLIAMENT, met on the day appointed; and as all +the barons brought along with them their military vassals, and +appeared with an armed force, the king, who had taken no precautions +against them, was in reality a prisoner in their hands, and was +obliged to submit to all the terms which they were pleased to impose +upon him. Twelve barons were selected from among the king's +ministers; twelve more were chosen by Parliament: to these twenty- +four, unlimited authority was granted to reform the state; and the +king himself took an oath, that he would maintain whatever ordinances +they should think proper to enact for that purpose [x]. Leicester was +at the head of the supreme council, to which the legislative power was +thus in reality transferred; and all their measures were taken by his +secret influence and direction. Their first step bore a specious +appearance, and seemed well calculated for the end which they +professed to be the object of all these innovations: they ordered that +four knights should be chosen by each county; that they should make +inquiry into the grievances of which their neighbourhood had reason to +complain, and should attend the ensuing Parliament, in order to give +information to that assembly of the state of their particular counties +[y]: a nearer approach to our present constitution than had been made +by the barons in the reign of King John, when the knights were only +appointed to meet in their several counties, and there to draw up a +detail of their grievances. Meanwhile the twenty-four barons +proceeded to enact some regulations as a redress of such grievances as +were supposed to be sufficiently notorious. They ordered that three +sessions of Parliament should be regularly held every year in the +months of February, June, and October; that a new sheriff should be +annually elected by the votes of the freeholders in each county [z]; +that the sheriffs should have no power of fining the barons who did +not attend their courts, or the circuits of the justiciaries; that no +heirs should be committed to the wardship of foreigners, and no +castles intrusted to their custody; and that no new warrens or forests +should be created, nor the revenues of any counties or hundreds be let +to farm. Such were the regulations which the twenty-four barons +established at Oxford, for the redress of public grievances. +[FN [x] Rymer, vol. i. p. 655. Chron. Dunst. vol. i. p. 334. +Knyghton, p. 2445. [y] M. Paris, p. 657. Addit. p. 140. Ann. Burt. +p. 412. [z] Chron. Dunst. vol. i. p. 336.] + +But the Earl of Leicester and his associates, having advanced so far +to satisfy the nation, instead of continuing in this popular course, +or granting the king that supply which they had promised him, +immediately provided for the extension and continuance of their own +authority. They roused anew the popular clamour which had long +prevailed against foreigners; and they fell with the utmost violence +on the king's half-brothers, who were supposed to be the authors of +all national grievances, and whom Henry had no longer any power to +protect. The four brothers, sensible of their danger, took to flight, +with an intention of making their escape out of the kingdom; they were +eagerly pursued by the barons; Aymer, one of the brothers, who had +been elected to the see of Winchester, took shelter in his episcopal +palace, and carried the others along with him; they were surrounded in +that place, and threatened to be dragged out by force, and to be +punished for their crimes and misdemeanors; and the king, pleading the +sacredness of an ecclesiastical sanctuary, was glad to extricate them +from this danger by banishing them the kingdom. In this act of +violence, as well as in the former usurpations of the barons, the +queen and her uncles were thought to have secretly concurred; being +jealous of the credit acquired by the brothers, which they found had +eclipsed and annihilated their own. + +[MN Usurpations of the barons.] +But the subsequent proceedings of the twenty-four barons were +sufficient to open the eyes of the nation, and to prove their +intention of reducing for ever both the king and the people under the +arbitrary power of a very narrow aristocracy, which must at last have +terminated either in anarchy, or in a violent usurpation and tyranny. +They pretended that they had not yet digested all the regulations +necessary for the reformation of the state and for the redress of +grievances; and they must still retain their power, till that great +purpose were thoroughly effected: in other words, that they must be +perpetual governors, and must continue to reform, till they were +pleased to abdicate their authority. They formed an association among +themselves, and swore that they would stand by each other with their +lives and fortunes; they displaced all the chief officers of the +crown, the justiciary, the chancellor, the treasurer; and advanced +either themselves or their own creatures in their place: even the +officers of the king's household were disposed of at their pleasure: +the government of all the castles was put into hands in whom they +found reason to confide: and the whole power of the state being thus +transferred to them, they ventured to impose an oath, by which all the +subjects were obliged to swear, under the penalty of being declared +public enemies, that they would obey and execute all the regulations, +both known and unknown, of the twenty-four barons; and all this for +the greater glory of God, the honour of the church, the service of the +king, and the advantage of the kingdom [a]. No one dared to withstand +this tyrannical authority. Prince Edward himself, the king's eldest +son, a youth of eighteen, who began to give indications of that great +and manly spirit which appeared throughout the whole course of his +life, was, after making some opposition, constrained to take that oath +which really deposed his father and his family from sovereign +authority [b]. Earl Warrenne was the last person in the kingdom that +could be brought to give the confederated barons this mark of +submission. +[FN [a] Chron T. Wykes, p. 52. [b] Ann. Burt. p. 411.] + +But the twenty-four barons, not content with the usurpation of the +royal power, introduced an innovation in the constitution of +Parliament, which was of the utmost importance. They ordained that +this assembly should choose a committee of twelve persons, who should, +in the intervals of the sessions, possess the authority of the whole +Parliament, and should attend, on a summons, the person of the king in +all his motions. But so powerful were these barons, that this +regulation was also submitted to; the whole government was overthrown, +or fixed on new foundations; and the monarchy was totally subverted, +without its being possible for the king to strike a single stroke in +defence of the constitution against the newly-elected oligarchy. + +[MN 1259.] The report that the King of the Romans intended to pay a +visit to England gave alarm to the ruling barons, who dreaded lest the +extensive influence and established authority of that prince would be +employed to restore the prerogatives of his family, and overturn their +plan of government [c]. They sent over the Bishop of Worcester, who +met him at St. Omars; asked him, in the name of the barons, the reason +of his journey, and how long he intended to stay in England; and +insisted that, before he entered the kingdom, he should swear to +observe the regulations established at Oxford. On Richard's refusal +to take this oath, they prepared to resist him as a public enemy; they +fitted out a fleet, assembled an army, and exciting the inveterate +prejudices of the people against foreigners, from whom they had +suffered so many oppressions, spread the report that Richard, attended +by a number of strangers, meant to restore by force the authority of +his exiled brothers, and to violate all the securities provided for +public liberty. The King of the Romans was at last obliged to submit +to the terms required of him [d]. +[FN [c] M. Paris, p. 661. [d] Ibid. p. 661, 662. Chron. T. Wykes, p. +53.] + +But the barons, in proportion to their continuance in power, began +gradually to lose that popularity which had assisted them in obtaining +it; and men repined that regulations, which were occasionally +established for the reformation of the state, were likely to become +perpetual, and to subvert entirely the ancient constitution. They +were apprehensive lest the power of the nobles, always oppressive, +should now exert itself without control, by removing the counterpoise +of the crown; and their fears were increased by some new edicts of the +barons, which were plainly calculated to procure to themselves an +impunity in all their violences. They appointed that the circuits of +the itinerant justices, the sole check on their arbitrary conduct, +should be held only once in seven years; and men easily saw that a +remedy, which returned after such long intervals against an oppressive +power, which was perpetual, would prove totally insignificant and +useless [e]. The cry became loud in the nation, that the barons +should finish their intended regulations. The knights of the shires, +who seem now to have been pretty regularly assembled, and sometimes in +a separate house, made remonstrances against the slowness of their +proceedings. They represented that, though the king had performed all +the conditions required of him, the barons had hitherto done nothing +for the public good, and had only been careful to promote their own +private advantage, and to make inroads on the royal authority; and +they even appealed to Prince Edward, and claimed his interposition for +the interests of the nation and the reformation of the government [f]. +The prince replied, that though it was from constraint, and contrary +to his private sentiments, he had sworn to maintain the provisions of +Oxford, he was determined to observe his oath: but he sent a message +to the barons, requiring them to bring their undertaking to a speedy +conclusion, and fulfil their engagements to the public: otherwise he +menaced them, that, at the expense of his life, he would oblige them +to do their duty, and would shed the last drop of his blood in +promoting the interests, and satisfying the just wishes of the nation +[g]. +[FN [e] M. Paris, p. 667. Trivet, p. 209. [f] Annal. Burt. p. 427. +[g] Id. ibid.] + +The barons, urged by so pressing a necessity, published at last a new +code of ordinances for the reformation of the state [h]; but the +expectations of the people were extremely disappointed, when they +found that these consisted only of some trivial alterations in the +municipal law, and still more, when the barons pretended that the task +was not yet finished, and that they must farther prolong their +authority, in order to bring the work of reformation to the desired +period. The current of popularity was now much turned to the side of +the crown; and the barons had little to rely on for their support, +besides the private influence and power of their families, which, +though exorbitant, was likely to prove inferior to the combination of +king and people. Even this basis of power was daily weakened by their +intestine jealousies and animosities; their ancient and inveterate +quarrels broke out when they came to share the spoils of the crown; +and the rivalship between the Earls of Leicester and Gloucester, the +chief leaders among them, began to disjoint the whole confederacy. +The latter, more moderate in his pretensions, was desirous of stopping +or retarding the career of the barons' usurpations; but the former, +enraged at the opposition which he met with in his own party, +pretended to throw up all concern in English affairs, and he retired +into France [i]. +[FN [h] Ann. Burt. p. 428, 439. [i] Chron. Dunst. vol. i. p. 348.] + +The kingdom of France, the only state with which England had any +considerable intercourse, was at this time governed by Lewis IX., a +prince of the most singular character that is to be met with in all +the records of history. This monarch united, to the mean and abject +superstition of a monk, all the courage and magnanimity of the +greatest hero; and, what may be deemed more extraordinary, the justice +and integrity of a disinterested patriot, the mildness and humanity of +an accomplished philosopher. So far from taking advantage of the +divisions among the English, or attempting to expel those dangerous +rivals from the provinces which they still possessed in France, he had +entertained many scruples with regard to the sentence of attainder +pronounced against the king's father, had even expressed some +intention of restoring the other provinces, and was only prevented +from taking that imprudent resolution by the united remonstrances of +his own barons, who represented the extreme danger of such a measure +[k], and, what had a greater influence on Lewis, the justice of +punishing, by a legal sentence, the barbarity and felony of John. +Whenever this prince interposed in English affairs, it was always with +an intention of composing the differences between the king and his +nobility; he recommended to both parties every peaceable and +reconciling measure; and he used all his authority with the Earl of +Leicester, his native subject, to bend him to compliance with Henry. +[MN 20th May.] He made a treaty with England, at a time when the +distractions of that kingdom were at the greatest height, and when the +king's authority was totally annihilated; and the terms which he +granted might, even in a more prosperous state of their affairs, be +deemed reasonable and advantageous to the English. He yielded up some +territories which had been conquered from Poictou and Guienne; he +ensured the peaceable possession of the latter province to Henry; he +agreed to pay that prince a large sum of money; and he only required +that the king should, in return, make a final cession of Normandy and +the other provinces, which he could never entertain any hopes of +recovering by force of arms [l]. This cession was ratified by Henry, +by his two sons, and two daughters, and by the King of the Romans and +his three sons: Leicester alone, either moved by a vain arrogance, or +desirous to ingratiate himself with the English populace, protested +against the deed, and insisted on the right, however distant, which +might accrue to his consort [m]. Lewis saw, in his obstinacy, the +unbounded ambition of the man; and as the barons insisted that the +money due by treaty should be at their disposal, not at Henry's, he +also saw, and probably with regret, the low condition to which this +monarch, who had more erred from weakness than from any bad intention, +was reduced by the turbulence of his own subjects. +[FN [k] M. Paris, p. 604. [l] Rymer, vol. i. p. 675. M. Paris, p. +566. Chron. T. Wykes, p. 53. Trivet, p. 208. M. West. p. 371. [m] +Chron. T. Wykes, p. 53.] + +[MN 1261.] But the situation of Henry soon after wore a more +favourable aspect. The twenty-four barons had now enjoyed the +sovereign power near three years; and had visibly employed it, not for +the reformation of the state, which was their first pretence, but for +the aggrandizement of themselves and of their families. The breach of +trust was apparent to all the world: every order of men felt it, and +murmured against it: the dissensions among the barons themselves, +which increased the evil, made also the remedy more obvious and easy; +and the secret desertion, in particular, of the Earl of Gloucester to +the crown, seemed to promise Henry certain success in any attempt to +resume his authority. Yet durst he not take that step, so +reconcilable both to justice and policy, without making a previous +application to Rome, and desiring an absolution from his oaths and +engagements [n]. +[FN [n] Ann. Burt. p. 389.] + +The pope was at this time much dissatisfied with the conduct of the +barons, who, in order to gain the favour of the people and clergy of +England, had expelled all the Italian ecclesiastics, had confiscated +their benefices, and seemed determined to maintain the liberties and +privileges of the English church, in which the rights of patronage, +belonging to their own families, were included. The extreme animosity +of the English clergy against the Italians was also a source of his +disgust to this order; and an attempt, which had been made by them for +farther liberty and greater independence on the civil power, was +therefore less acceptable to the court of Rome [o]. About the same +time that the barons at Oxford had annihilated the prerogatives of the +monarchy, the clergy met in a synod at Merton, and passed several +ordinances, which were no less calculated to promote their own +grandeur at the expense of the crown. They decreed, that it was +unlawful to try ecclesiastics by secular judges; that the clergy were +not to regard any prohibitions from civil courts; that lay patrons had +no right to confer spiritual benefices; that the magistrate was +obliged, without farther inquiry, to imprison all excommunicated +persons; and that ancient usage, without any particular grant or +charter, was a sufficient authority for any clerical possessions or +privileges [p]. About a century before, these claims would have been +supported by the court of Rome beyond the most fundamental articles of +faith: they were the chief points maintained by the great martyr, +Becket; and his resolution in defending them had exalted him to the +high station which he held in the catalogue of Romish saints. But +principles were changed with the times: the pope was become somewhat +jealous of the great independence of the English clergy, which made +them stand less in need of his protection, and even imboldened them to +resist his authority, and to complain of the preference given to the +Italian courtiers, whose interests, it is natural to imagine, were the +chief object of his concern. He was ready, therefore, on the king's +application, to annul these new constitutions of the church of England +[q]. And, at the same time, he absolved the king, and all his +subjects, from the oath which they had taken to observe the provisions +of Oxford [r]. +[FN [o] Rymer, vol. i. p. 755. [p] Ann. Burt. p. 389. [q] Rymer, +vol. i. p. 755. [r] Ibid. p. 722. M. Paris, p. 666. W. Heming. p. +580. Ypod. Neust. p. 463. Knyghton, p. 2446.] + +[MN Prince Edward.] +Prince Edward, whose liberal mind, though in such early youth, had +taught him the great prejudice which his father had incurred, by his +levity, inconstancy, and frequent breach of promise, refused for a +long time to take advantage of this absolution; and declared, that the +provisions of Oxford, how unreasonable soever in themselves, and how +much soever abused by the barons, ought still to be adhered to by +those who had sworn to observe them [s]: he himself had been +constrained by violence to take that oath; yet he was determined to +keep it. By this scrupulous fidelity, the prince acquired the +confidence of all parties, and was afterwards enabled to recover fully +the royal authority, and to perform such great actions, both during +his own reign and that of his father. +[FN [s] M. Paris, p. 667.] + +The situation of England, during this period, as well as that of most +European kingdoms, was somewhat peculiar. There was no regular +military force maintained in the nation: the sword, however, was not, +properly speaking, in the hands of the people: the barons were alone +intrusted with the defence of the community; and after any effort +which they made, either against their own prince or against +foreigners, as the military retainers departed home, the armies were +disbanded, and could not speedily be re-assembled at pleasure. It was +easy, therefore, for a few barons, by a combination, to get the start +of the other party, to collect suddenly their troops, and to appear +unexpectedly in the field with an army, which their antagonists, +though equal, or even superior in power and interest, would not dare +to encounter. Hence the sudden revolutions which often took place in +those governments: hence the frequent victories obtained, without a +blow, by one faction over the other: and hence it happened, that the +seeming prevalence of a party was seldom a prognostic of its long +continuance in power and authority. + +[MN 1262.] The king, as soon as he received the pope's absolution +from his oath, accompanied with menaces of excommunication against all +opponents, trusting to the countenance of the church, to the support +promised him by many considerable barons, and to the returning favour +of the people, immediately took off the mask. After justifying his +conduct by a proclamation, in which he set forth the private ambition, +and the breach of trust, conspicuous in Leicester and his associates, +he declared, that he had resumed the government, and was determined +thenceforth to exert the royal authority for the protection of his +subjects. He removed Hugh le Despenser and Nicholas de Ely, the +justiciary and chancellor appointed by the barons; and put Philip +Basset and Walter de Merton in their place. He substituted new +sheriffs in all the counties, men of character and honour: he placed +new governors in most of the castles: he changed all the officers of +his household: [MN 23d April.] he summoned a Parliament, in which the +resumption of his authority was ratified, with only five dissenting +voices: and the barons, after making one fruitless effort to take the +king by surprise at Winchester, were obliged to acquiesce in those new +regulations [t]. +[FN [t] M. Paris, p. 668. Chron. T. Wykes, p. 55.] + +The king, in order to cut off every objection to his conduct, offered +to refer all the differences between him and the Earl of Leicester, +to Margaret, Queen of France [u]. The celebrated integrity of Lewis +gave a mighty influence to any decision which issued from his court; +and Henry probably hoped, that the gallantry, on which all barons, as +true knights, valued themselves, would make them ashamed not to submit +to the award of that princess. Lewis merited the confidence reposed +in him. By an admirable conduct, probably as political as just, he +continually interposed his good offices to allay the civil discords of +the English: he forwarded all healing measures, which might give +security to both parties: and he still endeavoured, though in vain, to +soothe, by persuasion, the fierce ambition of the Earl of Leicester, +and to convince him how much it was his duty to submit peaceably to +the authority of his sovereign. +[FN [u] Rymer, vol. i. p. 724.] + +[MN 1263.] That bold and artful conspirator was nowise discouraged by +the bad success of his past enterprises. The death of Richard, Earl +of Gloucester, who was his chief rival in power, and who, before his +decease, had joined the royal party, seemed to open a new field to his +violence, and to expose the throne to fresh insults and injuries. It +was in vain that the king professed his intentions of observing +strictly the great charter, even of maintaining all the regulations +made by the reforming barons at Oxford or afterwards, except those +which entirely annihilated the royal authority: these powerful +chieftains, now obnoxious to the court, could not peaceably resign the +hopes of entire independence and uncontrolled power, with which they +had flattered themselves, and which they had so long enjoyed. [MN +Civil wars of the barons.] Many of them engaged in Leicester's views; +and among the rest, Gilbert, the young Earl of Gloucester, who brought +him a mighty accession of power, from the extensive authority +possessed by that opulent family. Even Henry, son of the King of the +Romans, commonly called Henry d'Allmaine, though a prince of the +blood, joined the party of the barons against the king, the head of +his own family. Leicester himself, who still resided in France, +secretly formed the links of this great conspiracy, and planned the +whole scheme of operations. + +The princes of Wales, notwithstanding the great power of the monarchs, +both of the Saxon and Norman line, still preserved authority in their +own country. Though they had often been constrained to pay tribute to +the crown of England, they were with difficulty retained in +subordination, or even in peace; and almost through every reign since +the Conquest, they had infested the English frontiers with such petty +incursions and sudden inroads, as seldom merit to have place in a +general history. The English, still content with repelling their +invasions, and chasing them back into their mountains, had never +pursued the advantages obtained over them, nor been able, even under +their greatest and most active princes, to fix a total, or so much as +a feudal subjection on the country. This advantage was reserved to +the present king, the weakest and most indolent. In the year 1237, +Lewellyn, Prince of Wales, declining in years, and broken with +infirmities, but still more harassed with the rebellion and undutiful +behaviour of his youngest son, Griffin, had recourse to the protection +of Henry; and consenting to subject his principality, which had so +long maintained, or soon recovered, its independence, to vassalage +under the crown of England, had purchased security and tranquillity on +these dishonourable terms. His eldest son and heir, David, renewed +the homage to England; and having taken his brother prisoner, +delivered him into Henry's hands, who committed him to custody in the +Tower. That prince, endeavouring to make his escape, lost his life in +the attempt; and the Prince of Wales, freed from the apprehensions of +so dangerous a rival, paid thenceforth less regard to the English +monarch, and even renewed those incursions, by which the Welsh, during +so many ages, had been accustomed to infest the English borders. +Lewellyn, however, the son of Griffin, who succeeded to his uncle, had +been obliged to renew the homage, which was now claimed by England as +an established right; but he was well pleased to inflame those civil +discords, on which he rested his present security, and founded his +hopes of future independence. He entered into a confederacy with the +Earl of Leicester, and collecting all the force of his principality, +invaded England with an army of thirty thousand men. He ravaged the +lands of Roger de Mortimer, and of all the barons who adhered to the +crown [w]; he marched into Cheshire, and committed like depredations +on Prince Edward's territories; every place where his disorderly +troops appeared was laid waste with fire and sword; and though +Mortimer, a gallant and expert soldier, made stout resistance, it was +found necessary that the prince himself should head the army against +this invader. Edward repulsed Prince Lewellyn, and obliged him to +take shelter in the mountains of North Wales: but he was prevented +from making farther progress against the enemy, by the disorders which +soon after broke out in England. +[FN [w] Chron. Dunst. vol. i. p. 354.] + +The Welsh invasion was the appointed signal for the malecontent barons +to rise in arms, and Leicester, coming over secretly from France, +collected all the forces of his party, and commenced an open +rebellion. He seized the person of the Bishop of Hereford; a prelate +obnoxious to all the inferior clergy, on account of his devoted +attachment to the court of Rome [x]. Simon, Bishop of Norwich, and +John Mansel, because they had published the pope's bull, absolving the +king and kingdom from their oaths to observe the provisions of Oxford, +were made prisoners, and exposed to the rage of the party. The king's +demesnes were ravaged with unbounded fury [y]: and as it was +Leicester's interest to allure to his side, by the hopes of plunder, +all the disorderly ruffians in England, he gave them a general licence +to pillage the barons of the opposite party, and even all neutral +persons. But one of the principal resources of his faction was the +populace of the cities, particularly of London; and as he had, by his +hypocritical pretensions to sanctity, and his zeal against Rome, +engaged the monks and lower ecclesiastics in his party, his dominion +over the inferior ranks of men became uncontrollable. Thomas +Fitz-Richard, Mayor of London, a furious and licentious man, gave the +countenance of authority to these disorders in the capital; and having +declared war against the substantial citizens, he loosened all the +bands of government, by which that turbulent city was commonly but ill +restrained. On the approach of Easter, the zeal of superstition, the +appetite for plunder, or what is often as prevalent with the populace +as either of these motives, the pleasure of committing havoc and +destruction, prompted them to attack the unhappy Jews, who were first +pillaged without resistance, then massacred to the number of five +hundred persons [z]. The Lombard bankers wore next exposed to the +rage of the people; and though, by taking sanctuary in the churches, +they escaped with their lives, all their money and goods became a prey +to the licentious multitude. Even the houses of the rich citizens, +though English, were attacked by night; and way was made by sword and +by fire to the pillage of their goods, and often to the destruction of +their persons. The queen, who, though defended by the Tower, was +terrified by the neighbourhood of such dangerous commotions, resolved +to go by water to the castle of Windsor; but as she approached the +bridge, the populace assembled against her: the cry ran, DROWN THE +WITCH; and besides abusing her with the most opprobrious language, and +pelting her with rotten eggs and dirt, they had prepared large stones +to sink her barge, when she should attempt to shoot the bridge; and +she was so frightened, that she returned to the Tower [a]. +[FN [x] Trivet, p. 211. M. West. p. 382, 392. [y] Trivet, p. 211. +M. West. p. 382. [z] Chron. T. Wykes, p. 59. [a] Ibid. p. 57.] + +The violence and fury of Leicester's faction had risen to such a +height in all parts of England, that the king, unable to resist their +power, was obliged to set on foot a treaty of peace; and to make an +accommodation with the barons on the most disadvantageous terms [b]. +[MN July.] He agreed to confirm anew the provisions of Oxford, even +those which entirely annihilated the royal authority; and the barons +were again reinstated in the sovereignty of the kingdom. They +restored Hugh le Despenser to the office of chief justiciary; they +appointed their own creatures sheriffs in every county in England; +they took possession of all the royal castles and fortresses; they +even named all the officers of the king's household; and they summoned +a Parliament to meet at Westminster, in order to settle more fully +their plan of government. [MN 1263. 14th Oct.] They here produced a +new list of twenty-four barons, to whom they proposed that the +administration should be entirely committed; and they insisted that +the authority of this junto should continue, not only during the reign +of the king, but also during that of Prince Edward. +[FN [b] Chron. Dunst. vol. i. p. 358. Trivet, p. 211.] + +This prince, the life and soul of the royal party, had unhappily, +before the king's accommodation with the barons, been taken prisoner +by Leicester in a parley at Windsor [c]; and that misfortune, more +than any other incident, had determined Henry to submit to the +ignominious conditions imposed upon him. But Edward, having recovered +his liberty by the treaty, employed his activity in defending the +prerogatives of his family; and he gained a great party even among +those who had at first adhered to the cause of the barons. His cousin +Henry d'Allmaine, Roger Bigod, earl marshal, Earl Warrenne, Humphrey +Bohun, Eaff of Hereford, John Lord Basset, Ralph Basset, Hammond +l'Estrange, Roger Mortimer, Henry de Piercy, Robert do Brus, Roger de +Leybourne, with almost all the lords marchers, as they were called, on +the borders of Wales and of Scotland, the most warlike parts of the +kingdom, declared in favour of the royal cause; and hostilities, which +were scarcely well composed, were again renewed in every part of +England. But the near balance of the parties, joined to the universal +clamour of the people, obliged the king and barons to open anew the +negotiations for peace; and it was agreed, by both sides, to submit +their differences to the arbitration of the King of France [d]. +[FN [c] M. Paris, p. 669. Trivet, p. 213. [d] M. Paris, p. 668. +Chron. T. Wykes, p. 58. W. Heming, p. 580. Chron Dunst. vol. i. p. +363.] + +[MN Reference to the King of France.] +This virtuous prince, the only man who, in like circumstances, could +safely have been intrusted with such an authority by a neighbouring +nation, had never ceased to interpose his good offices between the +English factions; and had even, during the short interval of peace, +invited over to Paris both the king and the Earl of Leicester, in +order to accommodate the differences between them; but found, that the +fears and animosities on both sides, as well as the ambition of +Leicester, were so violent, as to render all his endeavours +ineffectual. But when this solemn appeal, ratified by the oaths and +subscriptions of the leaders in both factions, was made to his +judgment, he was not discouraged from pursuing his honourable purpose: +[MN 1264.] he summoned the states of France at Amiens; and there, in +the presence of that assembly, as well as in that of the King of +England, and Peter de Montfort, Leicester's son, he brought this great +cause to a trial and examination. It appeared to him, that the +provisions of Oxford, even had they not been extorted by force, had +they not been so exorbitant in their nature, and subversive of the +ancient constitution, were expressly established as a temporary +expedient, and could not, without breach of trust, be rendered +perpetual by the barons. [MN 23d Jan.] He therefore annulled these +provisions; restored to the king the possession of his castles, and +the power of nomination to the great offices; allowed him to retain +what foreigners he pleased in his kingdom, and even to confer on them +places of trust and dignity; and, in a word, re-established the royal +power in the same condition on which it stood before the meeting of +the Parliament at Oxford. But while he thus suppressed dangerous +innovations, and preserved unimpaired the prerogatives of the English +crown, he was not negligent of the rights of the people; and besides +ordering that a general amnesty should be granted for all past +offences, he declared that his award was not anywise meant to derogate +from the privileges and liberties which the nation enjoyed by any +former concessions or charters of the crown [e]. +[FN [e] Rymer, vol. i. p. 776, 777, &c. Chron. T. Wykes, p. 58. +Knyghton, p. 2446.] + +This equitable sentence was no sooner known in England, than Leicester +and his confederates determined to reject it, and to have recourse to +arms, in order to procure to themselves more safe and advantageous +conditions [f]. [MN Renewal of the civil wars.] Without regard to +his oaths and subscriptions, that enterprising conspirator directed +his two sons, Richard and Peter de Montfort, in conjunction with +Robert de Ferrars, Earl of Derby, to attack the city of Worcester; +while Henry and Simon de Montfort, two others of his sons, assisted by +the Prince of Wales, were ordered to lay waste the estate of Roger de +Mortimer. He himself resided at London; and employing, as his +instrument, Fitz-Richard, the seditious mayor, who had violently and +illegally prolonged his authority, he wrought up that city to the +highest ferment and agitation. The populace formed themselves into +bands and companies; chose leaders; practised all military exercises; +committed violence on the royalists; and to give them greater +countenance in their disorders, an association was entered into +between the city and eighteen great barons, never to make peace with +the king but by common consent and approbation. At the head of those +who swore to maintain this association were the Earls of Leicester, +Gloucester, and Derby, with le Despenser, the chief justiciary; men +who had all previously sworn to submit to the award of the French +monarch. Their only pretence for this breach of faith was, that the +latter part of Lewis's sentence was, as they affirmed, a contradiction +to the former: he ratified the charter of liberties, yet annulled the +provisions of Oxford; which were only calculated, as they maintained, +to preserve that charter; and without which, in their estimation, they +had no security for its observance. +[FN [f] Chron. Dunst. vol. i. p. 363.] + +The king and prince finding a civil war inevitable, prepared +themselves for defence; and summoning the military vassals from all +quarters, and being reinforced by Baliol, Lord of Galloway, Brus, Lord +of Annandale, Henry Piercy, John Comyn [g], and other barons of the +north, they composed an army, formidable, as well from its numbers as +its military prowess and experience. The first enterprise of the +royalists was the attack of Northampton, which was defended by Simon +de Montfort, with many of the principal barons of that party; and a +breach being made in the walls by Philip Basset, the place was carried +by assault, and both the governor and the garrison were made +prisoners. [MN 5th April.] The royalists marched thence to Leicester +and Nottingham; both which places having opened their gates to them, +Prince Edward proceeded with a detachment into the county of Derby, in +order to ravage with fire and sword the lands of the earl of that +name, and take revenge on him for his disloyalty. Like maxims of war +prevailed with both parties throughout England; and the kingdom was +thus exposed in a moment to greater devastation, from the animosities +of the rival barons, than it would have suffered from many years of +foreign or even domestic hostilities, conducted by more humane and +more generous principles. +[FN [g] Rymer, vol. i. p 772. M. West. p. 385. Ypod. Neust. p. 469.] + +The Earl of Leicester, master of London, and of the counties in the +south-east of England, formed the siege of Rochester, which alone +declared for the king in those parts, and which, besides Earl +Warrenne, the governor, was garrisoned by many noble and powerful +barons of the royal party. The king and prince hastened from +Nottingham, where they were then quartered, to the relief of the +place; and on their approach, Leicester raised the siege, and +retreated to London, which, being the centre of his power, he was +afraid might, in his absence, fall into the king's hands, either by +force, or by a correspondence with the principal citizens, who were +all secretly inclined to the royal cause. Reinforced by a great body +of Londoners, and having summoned his partisans from all quarters, he +thought himself strong enough to hazard a general battle with the +royalists, and to determine the fate of the nation in one great +engagement; which, if it proved successful, must be decisive against +the king, who had no retreat for his broken troops in those parts; +while Leicester himself, in case of any sinister accident, could +easily take shelter in the city. To give the better colouring to his +cause, he previously sent a message with conditions of peace to Henry, +submissive in the language, but exorbitant in the demands [h]; and +when the messenger returned with the lie and defiance from the king, +the prince, and the King of the Romans, he sent a new message, +renouncing in the name of himself and of the associated barons, all +fealty and allegiance to Henry. He then marched out of the city, with +his army divided into four bodies: the first commanded by his two +sons, Henry and Guy de Montfort, together with Humphrey de Bohun, Earl +of Hereford, who had deserted to the barons; the second led by the +Earl of Gloucester, with William de Montchesney and John Fitz-John; +the third, composed of Londoners, under the command of Nicholas de +Segrave; the fourth headed by himself in person. The Bishop of +Chichester gave a general absolution to the army, accompanied with +assurances that, if any of them fell in the ensuing action, they would +infallibly be received into heaven, as the reward of their suffering +in so meritorious a cause. +[FN [h] M. Paris, p. 669. W. Heming. p. 583.] + +[MN Battle of Lewes. 14th May.] +Leicester, who possessed great talents for war, conducted his march +with such skill and secrecy, that he had well nigh surprised the +royalists in their quarters at Lewes in Sussex: but the vigilance and +activity of Prince Edward soon repaired this negligence; and he led +out the king's army to the field in three bodies. He himself +conducted the van, attended by Earl Warrenne and William de Valence: +the main body was commanded by the King of the Romans and his son +Henry: the king himself was placed in the rear at the head of his +principal nobility. Prince Edward rushed upon the Londoners, who had +demanded the post of honour in leading the rebel army, but who, from +their ignorance of discipline and want of experience, were ill fitted +to resist the gentry and military men, of whom the prince's body was +composed. They were broken in an instant; were chased off the field; +and Edward, transported by his martial ardour, and eager to revenge +the insolence of the Londoners against his mother [i], put them to the +sword for the length of four miles, without giving them any quarter, +and without reflecting on the fate which in the mean time attended the +rest of the army. The Earl of Leicester, seeing the royalists thrown +into confusion by their eagerness in the pursuit, led on his remaining +troops against the bodies commanded by the two royal brothers: he +defeated, with great slaughter, the forces headed by the King of the +Romans; and that prince was obliged to yield himself prisoner to the +Earl of Gloucester; he penetrated to the body where the king himself +was placed, threw it into disorder, pursued his advantage, chased it +into the town of Lewes, and obliged Henry to surrender himself +prisoner [k]. +[FN [i] M. Paris, p. 670. Chron. T. Wykes, p. 62. W. Heming. p. 583. +M. West. p. 387. Ypod. Neust. p. 469. H. Knyghton, p. 2450. [k] M. +Paris, p. 670. M. West. p. 387.] + +Prince Edward, returning to the field of battle from his precipitate +pursuit of the Londoners, was astonished to find it covered with the +dead bodies of his friends and still more to hear, that his father and +uncle were defeated and taken prisoners, and that Arundel, Comyn Brus, +Hamond L'Estrange, Roger Leybourne, and many considerable barons of +his party, were in the hands of the victorious enemy. Earl Warrenne, +Hugh Bigod, and William de Valence, struck with despair at this event, +immediately took to flight, hurried to Pevensey, and made their escape +beyond sea [l]: but the prince, intrepid amidst the greatest +disasters, exhorted his troops to revenge the death of their friends, +to relieve the royal captives, and to snatch an easy conquest from an +enemy disordered by their own victory [m]. He found his followers +intimidated by their situation; while Leicester, afraid of a sudden +and violent blow from the prince, amused him by a feigned negotiation, +till he was able to recall his troops from the pursuit, and to bring +them into order [n]. There now appeared no farther resource to the +royal party, surrounded by the armies and garrisons of the enemy, +destitute of forage and provisions, and deprived of their sovereign, +as well as of their principal leaders, who could alone inspirit them +to an obstinate resistance. The prince, therefore, was obliged to +submit to Leicester's terms, which were short and severe, agreeably to +the suddenness and necessity of the situation: he stipulated, that he +and Henry d'Allmaine should surrender themselves prisoners as pledges +in lieu of the two kings; that all other prisoners on both sides +should be released [o]; and that, in order to settle fully the terms +of agreement, application should be made to the King of France, that +he should name six Frenchmen, three prelates, and three noblemen: +these six to choose two others of their own country; and these two to +choose one Englishman, who, in conjunction with themselves, were to be +invested by both parties with full powers to make what regulations +they thought proper for the settlement of the kingdom. The prince and +young Henry accordingly delivered themselves into Leicester's hands, +who sent them under a guard to Dover castle. Such are the terms of +agreement commonly called the MISE of Lewes, from an obsolete French +term of that meaning: for it appears, that all the gentry and nobility +of England, who valued themselves on their Norman extraction, and who +disdained the language of their native country, made familiar use of +the French tongue till this period, and for some time after. +[FN [l] Chron. T. Wykes, p. 63. [m] W. Heming. p. 584. [n] Ibid. +[o] M. Paris, p. 671 Knyghton, p. 2451.] + +Leicester had no sooner obtained this great advantage, and gotten the +whole royal family in his power, than he openly violated every article +of the treaty, and acted as sole master, and even tyrant of the +kingdom. He still detained the king in effect a prisoner, and made +use of that prince's authority to purposes the most prejudicial to his +interests, and the most oppressive of his people [p]. He every where +disarmed the royalists, and kept all his own partisans in a military +posture [q]: he observed the same partial conduct in the deliverance +of the captives, and even threw many of the royalists into prison, +besides those who were taken in the battle of Lewes: he carried the +king from place to place, and obliged all the royal castles, on +pretence of Henry's commands, to receive a governor and garrison of +his own appointment: all the officers of the crown and of the +household were named by him; and the whole authority, as well as arms +of the state, was lodged in his hands: he instituted in the counties a +new kind of magistracy, endowed with new and arbitrary powers, that of +conservators of the peace [r]: his avarice appeared bare-faced, and +might induce us to question the greatness of his ambition, at least +the largeness of his mind, if we had not reason to think, that he +intended to employ his acquisitions as the instruments for attaining +farther power and grandeur. He seized the estates of no less than +eighteen barons, as his share of the spoil gained in the battle of +Lewes: he engrossed to himself the ransom of all the prisoners; and +told his barons, with a wanton insolence, that it was sufficient for +them that he had saved them, by that victory, from the forfeitures +and attainders which hung over them [s]: he even treated the Earl of +Gloucester in the same injurious manner, and applied to his own use +the ransom of the King of the Romans, who, in the field of battle, had +yielded himself prisoner to that nobleman. Henry, his eldest son, +made a monopoly of all the wool in the kingdom, the only valuable +commodity for foreign markets which it at that time produced [t]. The +inhabitants of the cinque-ports, during the present dissolution of +government, betook themselves to the most licentious piracy, preyed on +the ships of all nations, threw the mariners into the sea, and, by +these practices, soon banished all merchants from the English coasts +and harbours. Every foreign commodity rose to an exorbitant price; +and woollen cloth, which the English had not then the art of dyeing, +was worn by them white, and without receiving the last hand of the +manufacturer. In answer to the complaints which arose on this +occasion, Leicester replied, that the kingdom could well enough +subsist within itself, and needed no intercourse with foreigners; and +it was found that he even combined with the pirates of the +cinque-ports, and received as his share the third of their prizes [u]. +[FN [p] Rymer, vol. i. p. 790, 791, &c. [q] Ibid. p. 795. Brady's +Appeals, No. 211, 212. Chron. T. Wykes, p. 63. [r] Rymer, vol. i. p. +792. [s] Knyghton, p. 2451. [t] Chron. T. Wykes, p. 65. [u] Ibid.] + +No farther mention was made of the reference to the King of France, so +essential an article in the agreement of Lewes; and Leicester summoned +a Parliament, composed altogether of his own partisans, in order to +rivet, by their authority, that power which he had acquired by so much +violence, and which he used with so much tyranny and injustice. An +ordinance was there passed, to which the king's consent had been +previously extorted, that every act of royal power should be exercised +by a council of nine persons, who were to be chosen and removed by the +majority of three, Leicester himself, the Earl of Gloucester, and the +Bishop of Chichester [w]. By this intricate plan of government, the +sceptre was really put into Leicester's hands; as he had the entire +direction of the Bishop of Chichester, and thereby commanded all the +resolutions of the council of three, who could appoint or discard at +pleasure every member of the supreme council. +[FN [w] Rymer, vol. i. p. 793. Brady's App. No. 213.] + +But it was impossible that things could long remain in this strange +situation. It behoved Leicester either to descend with some peril +into the rank of a subject or to mount up with no less into that of a +sovereign; and his ambition, unrestrained either by fear or by +principle, gave too much reason to suspect him of the latter +intention. Meanwhile he was exposed to anxiety from every quarter; +and felt that the smallest incident was capable of overturning that +immense and ill-cemented fabric which he had reared. The queen, whom +her husband had left abroad, had collected in foreign parts an army of +desperate adventurers, and had assembled a great number of ships, with +a view of invading the kingdom, and of bringing relief to her +unfortunate family. Lewis, detesting Leicester's usurpations and +perjuries, and disgusted at the English barons, who had refused to +submit to his award, secretly favoured all her enterprises, and was +generally believed to be making preparations for the same purpose. An +English army, by the pretended authority of the captive king, was +assembled on the seacoast to oppose this projected invasion [x]; but +Leicester owed his safety more to cross winds, which long detained and +at last dispersed and ruined the queen's fleet, than to any resistance +which, in their present situation, could have been expected from the +English. +[FN [x] Brady's App. No. 216, 217. Chron. Dunst. vol. i. p. 373. M. +West. p. 385.] + +Leicester found himself better able to resist the spiritual thunders +which were levelled against him. The pope, still adhering to the +king's cause, against the barons, despatched Cardinal Guido as his +legate into England, with orders to excommunicate, by name, the three +earls, Leicester, Gloucester, and Norfolk, and all others, in general, +who concurred in the oppression and captivity of their sovereign [y]. +Leicester menaced the legate with death, if he set foot within the +kingdom; but Guido, meeting in France the Bishops of Winchester, +London, and Worcester, who had been sent thither on a negotiation, +commanded them, under the penalty of ecclesiastical censures, to carry +his bull into England, and to publish it against the barons. When the +prelates arrived off the coast, they were boarded by the piratical +mariners of the cinque-ports, to whom probably they gave a hint of the +cargo which they brought along with them: the bull was torn and thrown +into the sea; which furnished the artful prelates with a plausible +excuse for not obeying the orders of the legate. Leicester appealed +from Guido to the pope in person; but before the ambassadors, +appointed to defend his cause, could reach Rome, the pope was dead; +and they found the legate himself, from whom they had appealed, seated +on the papal throne, by the name of Urban IV. That daring leader was +nowise dismayed with this incident; and as he found that a great part +of his popularity in England was founded on his opposition to the +court of Rome, which was now become odious, he persisted with the more +obstinacy in the prosecution of his measures. +[FN [y] Rymer, vol. i. p. 798. Chron. Dunst. vol. i. p. 373.] + +[MN 1265. 20th Jan.] That he might both increase and turn to +advantage his popularity, Leicester summoned a new Parliament in +London, where he knew his power was uncontrollable; and he fixed this +assembly on a more democratical basis than any which had ever been +summoned since the foundation of the monarchy. Besides the barons of +his own party, and several ecclesiastics who were not immediate +tenants of the crown, he ordered returns to be made of two knights +from each shire, and what is more remarkable, of deputies from the +boroughs, an order of men which, in former ages, had always been +regarded as too mean to enjoy a place in the national councils [z]. +[MN House of Commons.] This period is commonly esteemed the epoch of +the House of Commons in England; and it is certainly the first time +that historians speak of any representatives sent to Parliament by the +boroughs. In all the general accounts given in preceding times of +those assemblies, the prelates and barons only are mentioned as the +constituent members; and even in the most particular narratives +delivered of parliamentary transactions, as in the trial of Thomas à +Becket, where the events of each day, and almost of each hour, are +carefully recorded by contemporary authors [a], there is not, +throughout the whole, the least appearance of a House of Commons. But +though that House derived its existence from so precarious and even +so invidious an origin as Leicester's usurpation, it soon proved, when +summoned by the legal princes, one of the most useful, and, in process +of time, one of the most powerful members of the national +constitution; and gradually rescued the kingdom from aristocratical as +well as from regal tyranny. But Leicester's policy, if we must +ascribe to him so great a blessing, only forwarded by some years an +institution, for which the general state of things had already +prepared the nation; and it is otherwise inconceivable, that a plant +set by so inauspicious a hand could have attained to so vigorous a +growth, and have flourished in the midst of such tempests and +convulsions. The feudal system, with which the liberty, much more the +power of the Commons, was totally incompatible, began gradually to +decline; and both the king and the commonalty, who felt its +inconveniences, contributed to favour this new power, which was more +submissive than the barons to the regular authority of the crown, and +at the same time afforded protection to the inferior orders of the +state. +[FN [z] Rymer, vol. i. p. 802. [a] Fitz-Stephen, Hist. Quadrip. +Hoveden, &c.] + +Leicester having thus assembled a Parliament of his own model, and +trusting to the attachment of the populace of London, seized the +opportunity of crushing his rivals among the powerful barons. Robert +de Ferrars, Earl of Derby, was accused in the king's name, seized, and +committed to custody without being brought to any legal trial [b]. +John Gifford, menaced with the same fate, fled from London, and took +shelter in the borders of Wales. Even the Earl of Gloucester, whose +power and influence had so much contributed to the success of the +barons, but who of late was extremely disgusted with Leicester's +arbitrary conduct, found himself in danger from the prevailing +authority of his ancient confederate; and he retired from Parliament +[c]. This known dissension gave courage to all Leicester's enemies +and to the king's friends, who were now sure of protection from so +potent a leader. Though Roger Mortimer, Hamond L'Estrange, and other +powerful marchers of Wales, had been obliged to leave the kingdom, +their authority still remained over the territories subjected to their +jurisdiction; and there were many others who were disposed to give +disturbance to the new government. The animosities, inseparable from +the feudal aristocracy, broke out with fresh violence, and threatened +the kingdom with new convulsions and disorders. +[FN [b] Chron. T. Wykes, p. 66. Ann. Waverl. p. 216. [c] M. Paris, +p. 671. Ann. Waverl. p. 216.] + +The Earl of Leicester, surrounded with these difficulties, embraced a +measure from which he hoped to reap some present advantages, but which +proved in the end the source of all his future calamities. The active +and intrepid Prince Edward had languished in prison ever since the +fatal battle of Lewes; and as he was extremely popular in the kingdom, +there arose a general desire of seeing him again restored to liberty +[d]. Leicester, finding that he could with difficulty oppose the +concurring wishes of the nation, stipulated with the prince, that, in +return, he should order his adherents to deliver up to the barons all +their castles, particularly those on the borders of Wales; and should +swear neither to depart the kingdom during three years, nor introduce +into it any foreign forces [e]. The king took an oath to the same +effect, and he also passed a charter, in which he confirmed the +agreement or MISE of Lewes; and even permitted his subjects to rise in +arms against him if he should ever attempt to infringe it [f]. So +little care did Leicester take, though he constantly made use of the +authority of this captive prince, to preserve to him any appearance of +royalty or kingly prerogatives! +[FN [d] Knyghton, p. 2451. [e] Ann. Waverl. p. 216. [f] Blackstone's +Mag. Charta. Chron. Dunst. vol. i. p. 378.] + +[MN 11th Mar.] In consequence of this treaty, Prince Edward was +brought into Westminster-hall, and was declared free by the barons: +but instead of really recovering his liberty, as he had vainly +expected, he found that the whole transaction was a fraud on the part +of Leicester; that he himself still continued a prisoner at large, and +was guarded by the emissaries of that nobleman; and that, while the +faction reaped all the benefit from the performance of his part of the +treaty, care was taken that he should enjoy no advantage by it. As +Gloucester, on his rupture with the barons, had retired for safety to +his estates on the borders of Wales, Leicester followed him with an +army to Hereford [g]; continued still to menace and negotiate; and +that he might add authority to his cause, he carried both the king and +prince along with him. The Earl of Gloucester here concerted with +young Edward the manner of that prince's escape. He found means to +convey to him a horse of extraordinary swiftness; and appointed Roger +Mortimer, who had returned into the kingdom, to be ready at hand with +a small party to receive the prince, and to guard him to a place of +safety. Edward pretended to take the air with some of Leicester's +retinue, who were his guards; and making matches between their horses, +after he thought he had tired and blown them sufficiently, he suddenly +mounted Gloucester's horse and called to his attendants, that he had +long enough enjoyed the pleasure of their company, and now bid them +adieu. They followed him for some time, without being able to +overtake him; and the appearance of Mortimer with his company put an +end to their pursuit. +[FN [g] Chron. T. Wykes, p. 67. Ann. Waverl. p. 218. W. Heming. p. +585. Chron. Dunst. vol. i. p. 383, 384.] + +The royalists, secretly prepared for this event, immediately flew to +arms; and the joy of this gallant prince's deliverance, the +oppressions under which the nation laboured, the expectation of a new +scene of affairs, and the countenance of the Earl of Gloucester, +procured Edward an army which Leicester was utterly unable to +withstand. This nobleman found himself in a remote quarter of the +kingdom, surrounded by his enemies, barred from all communication with +his friends by the Severn, whose bridges Edward had broken down, and +obliged to fight the cause of his party under these multiplied +disadvantages. In this extremity he wrote to his son, Simon de +Montfort, to hasten from London with an army for his relief; and Simon +had advanced to Kenilworth with that view, where, fancying that all +Edward's force and attention were directed against his father, he lay +secure and unguarded. But the prince, making a sudden and forced +march, surprised him in his camp, dispersed his army, and took the +Earl of Oxford and many other noblemen prisoners, almost without +resistance. Leicester, ignorant of his son 's fate, passed the Severn +in boats during Edward's absence, and lay at Evesham, in expectation +of being every hour joined by his friends from London; when the +prince, who availed himself of every favourable moment, appeared in +the field before him. [MN Battle of Evesham and death of Leicester. +4th Aug.] Edward made a body of his troops advance from the road +which led to Kenilworth, and ordered them to carry the banners taken +from Simon's army; while he himself, making a circuit with the rest of +his forces, purposed to attack the enemy on the other quarter. +Leicester was long deceived by this stratagem, and took one division +of Edward's army for his friends; but at last, perceiving his mistake, +and observing the great superiority and excellent disposition of the +royalists, he exclaimed that they had learned from him the art of war, +adding, "The Lord have mercy on our souls, for I see our bodies are +the prince's!" The battle immediately began, though on very unequal +terms. Leicester's army, by living on the mountains of Wales without +bread, which was not then much used among the inhabitants, had been +extremely weakened by sickness and desertion, and was soon broken by +the victorious royalists; while his Welsh allies, accustomed only to a +desultory kind of war, immediately took to flight, and were pursued +with great slaughter. Leicester himself; asking for quarter, was +slain in the heat of the action, with his eldest son Henry, Hugh le +Despenser, and about one hundred and sixty knights, and many other +gentlemen of his party. The old king had been purposely placed by the +rebels in the front of the battle; and being clad in armour, and +thereby not known by his friends, he received a wound, and was in +danger of his life; but crying out, I AM HENRY OF WINCHESTER, YOUR +KING, he was saved, and put in a place of safety by his son, who flew +to his rescue. + +The violence, ingratitude, tyranny, rapacity, and treachery of the +Earl of Leicester, give a very bad idea of his moral character, and +make us regard his death as the most fortunate event which, in this +conjuncture, could have happened to the English nation; yet must we +allow the man to have possessed great abilities, and the appearance of +great virtues, who, though a stranger, could at a time when strangers +were the most odious, and the most universally decried, have acquired +so extensive an interest in the kingdom, and have so nearly paved his +way to the throne itself. His military capacity and his political +craft were equally eminent: he possessed the talents both of governing +men and conducting business: and though his ambition was boundless, it +seems neither to have exceeded his courage nor his genius; and he had +the happiness of making the low populace, as well as the haughty +barons, co-operate towards the success of his selfish and dangerous +purposes. A prince of greater abilities and vigour than Henry, might +have directed the talents of this nobleman either to the exaltation of +his throne, or to the good of his people: but the advantages given to +Leicester by the weak and variable administration of the king, brought +on the ruin of royal authority, and produced great confusions in the +kingdom, which however, in the end, preserved and extremely improved +national liberty and the constitution. His popularity, even after his +death, continued so great, that though he was excommunicated by Rome, +the people believed him to be a saint; and many miracles were said to +be wrought upon his tomb [h]. +[FN [h] Chron. de Mailr. p. 232.] + +[MN Settlement of the government.] +The victory of Evesham, with the death of Leicester, proved decisive +in favour of the royalists, and made an equal, though an opposite, +impression on friends and enemies in every part of England. The King +of the Romans recovered his liberty: the other prisoners of the royal +party were not only freed, but courted by their keepers: Fitz-Richard, +the seditious Mayor of London, who had marked out forty of the most +wealthy citizens for slaughter, immediately stopped his hand on +receiving intelligence of this great event: and almost all the +castles, garrisoned by the barons, hastened to make their submissions, +and to open their gates to the king. The isle of Axholme alone, and +that of Ely, trusting to the strength of their situation, ventured to +make resistance; but were at last reduced, as well as the castle of +Dover, by the valour and activity of Prince Edward [i]. [MN 1266.] +Adam de Gourdon, a courageous baron, maintained himself during some +time in the forests of Hampshire, committed depredations in the +neighbourhood, and obliged the prince to lead a body of troops into +that county against him. Edward attacked the camp of the rebels; and +being transported by the ardour of battle, leaped over the trench with +a few followers, and encountered Gourdon in single combat. The +victory was long disputed between these valiant combatants; but ended +at last in the prince's favour, who wounded his antagonist, threw him +from his horse, and took him prisoner. He not only gave him his life, +but introduced him that very night to the queen at Guildford, procured +him his pardon, restored him to his estate, received him into favour, +and was ever after faithfully served by him [k]. +[FN [i] M. Paris, p. 676. W. Heming, p. 588. [k] M. Paris, p. 675.] + +A total victory of the sovereign over so extensive a rebellion +commonly produces a revolution of government, and strengthens as well +as enlarges, for some time, the prerogatives of the crown: yet no +sacrifices of national liberty were made on this occasion; the great +charter remained still inviolate; and the king, sensible that his own +barons, by whose assistance alone he had prevailed, were no less +jealous of their independence than the other party, seems thenceforth +to have more carefully abstained from all those exertions of power +which had afforded so plausible a pretence to the rebels. The +clemency of this victory is also remarkable: no blood was shed on the +scaffold: no attainders, except of the Montfort family, were carried +into execution: and though a Parliament, assembled at Winchester, +attainted all those who had borne arms against the king, easy +compositions were made with them for their lands [1]; and the highest +sum levied on the most obnoxious offenders exceeded not five years' +rent of their estate. Even the Earl of Derby, who again rebelled, +after having been pardoned and restored to his fortune, was obliged to +pay only seven years' rent, and was a second time restored. The mild +disposition of the king, and the prudence of the prince, tempered the +insolence of victory, and gradually restored order to the several +members of the state, disjointed by so long a continuance of civil +wars and commotions. +[FN [l] Id. ibid.] + +The city of London, which had carried farthest the rage and animosity +against the king, and which seemed determined to stand upon its +defence after almost all the kingdom had submitted, was, after some +interval, restored to most of its liberties and privileges; and +Fitz-Richard the mayor, who had been guilty of so much illegal +violence, was only punished by fine and imprisonment. The Countess of +Leicester, the king's sister, who had been extremely forward in all +attacks on the royal family, was dismissed the kingdom with her two +sons, Simon and Guy, who proved very ungrateful for this lenity. Five +years afterwards, they assassinated, at Viterbo in Italy, their cousin +Henry d'Allmaine, who at that very time was endeavouring to make their +peace with the king; and by taking sanctuary in the church of the +Franciscans, they escaped the punishment due to so great an enormity +[m]. +[FN [m] Rymer, vol. i. p. 879. vol. ii. p. 4, 5. Chron. T. Wykes, p. +94. W. Heming. p. 589. Trivet, p. 240.] + +[MN 1267.] The merits of the Earl of Gloucester, after he returned to +his allegiance, had been so great in restoring the prince to his +liberty, and assisting him in his victories against the rebellious +barons, that it was almost impossible to content him in his demands; +and his youth and temerity, as well as his great power, tempted him, +on some new disgust, to raise again the flames of rebellion in the +kingdom. The mutinous populace of London, at his instigation, took to +arms; and the prince was obliged to levy an army of thirty thousand +men in order to suppress them. Even this second rebellion did not +provoke the king to any act of cruelty; and the Earl of Gloucester +himself escaped with total impunity. He was only obliged to enter +into a bond of twenty thousand marks, that he should never again be +guilty of rebellion: a strange method of enforcing the laws, and a +proof of the dangerous independence of the barons in those ages! +These potent nobles were, from the danger of the precedent, averse to +the execution of the laws of forfeiture and felony against any of +their fellows; though they could not, with a good grace, refuse to +concur in obliging them to fulfil any voluntary contract and +engagement into which they had entered. + +[MN 1270.] The prince, finding the state of the kingdom tolerably +composed, was seduced, by his avidity for glory and by the prejudices +of the age, as well as by the earnest solicitations of the King of +France, to undertake an expedition against the infidels in the Holy +Land [n]; and he endeavoured previously to settle the state in such a +manner as to dread no bad effects from his absence. As the formidable +power and turbulent disposition of the Earl of Gloucester gave him +apprehensions, he insisted on carrying him along with him, in +consequence of a vow which that nobleman had made to undertake the +same voyage: in the mean time, he obliged him to resign some of his +castles, and to enter into a new bond not to disturb the peace of the +kingdom [o]. He sailed from England with an army, and arrived in +Lewis's camp before Tunis in Africa, where he found that monarch +already dead from the intemperance of the climate and the fatigues of +his enterprise. The great, if not only, weakness of this prince in +his government, was the imprudent passion for crusades; but it was his +zeal chiefly that procured him from the clergy the title of St. Lewis, +by which he is known in the French history; and if that appellation +had not been so extremely prostituted, as to become rather a term of +reproach, he seems by his uniform probity and goodness, as well as his +piety, to have fully merited the title. He was succeeded by his son +Philip, denominated the Hardy; a prince of some merit, though much +inferior to that of his father. +[FN [n] M. Paris, p. 677. [o] Chron. T. Wykes, p. 90.] + +[MN 1271.] Prince Edward, not discouraged by this event, continued +his voyage to the Holy Land, where he signalized himself by acts of +valour; revived the glory of the English name in those parts; and +struck such terror into the Saracens, that they employed an assassin +to murder him, who wounded him in the arm, but perished in the attempt +[p]. Meanwhile, his absence from England was attended with many of +those pernicious consequences which had been dreaded from it. The +laws were not executed: the barons oppressed the common people with +impunity [q]: they gave shelter on their estates to bands of robbers, +whom they employed in committing ravages on the estates of their +enemies: the populace of London returned to their usual +licentiousness: and the old king, unequal to the burden of public +affairs, called aloud for his gallant son to return [r], and to assist +him in swaying that sceptre which was ready to drop from his feeble +and irresolute hands. [MN 1272. 16th Nov. Death,] At last, +overcome by the cares of government and the infirmities of age, he +visibly declined, and he expired at St. Edmondsbury, in the +sixty-fourth year of his age, and fifty-sixth of his reign; the +longest reign that is to be met with in the English annals. His +brother, the King of the Romans, (for he never attained the title of +Emperor,) died about seven months before him. +[FN [p] M. Paris, p. 678, 679. W. Heming. p. 520. [q] Chron. Dunst. +vol. i. p. 404. [r] Rymer, vol. i. p. 869. M. Paris, p. 678.] + +[MN and character of the king.] The most obvious circumstance of +Henry's character is his incapacity for government, which rendered him +as much a prisoner in the hands of his own ministers and favourites, +and as little at his own disposal, as when detained a captive in the +hands of his enemies. From this source, rather than from insincerity +or treachery, arose his negligence in observing his promises; and he +was too easily induced, for the sake of present convenience, to +sacrifice the lasting advantages arising from the trust and confidence +of his people. Hence too were derived his profusion to favourites, +his attachment to strangers, the variableness of his conduct, his +hasty resentments, and his sudden forgiveness and return of affection. +Instead of reducing the dangerous power of his nobles, by obliging +them to observe the laws towards their inferiors, and setting them the +salutary example in his own government, he was seduced to imitate +their conduct, and to make his arbitrary will, or rather that of his +ministers, the rule of his actions. Instead of accommodating himself, +by a strict frugality, to the embarrassed situation in which his +revenue had been left by the military expeditions of his uncle, the +dissipations of his father, and the usurpations of the barons; he was +tempted to levy money by irregular exactions, which, without enriching +himself, impoverished, at least disgusted, his people. Of all men, +nature seemed least to have fitted him for being a tyrant; yet there +are instances of oppression in his reign, which, though derived from +the precedents left him by his predecessors, had been carefully +guarded against by the great charter, and are inconsistent with all +rules of good government. And on the whole, we may say, that greater +abilities, with his good dispositions, would have prevented him from +falling into his faults; or, with worse dispositions, would have +enabled him to maintain and defend them. + +This prince was noted for his piety and devotion, and his regular +attendance on public worship; and a saying of his on that head is much +celebrated by ancient writers. He was engaged in a dispute with Lewis +IX. of France, concerning the preference between sermons and masses: +he maintained the superiority of the latter, and affirmed that he +would rather have one hour's conversation with a friend, than hear +twenty of the most elaborate discourses pronounced in his praise [s]. +[FN [s] Walsing. Edw. I. p. 43.] + +Henry left two sons, Edward, his successor, and Edmond, Earl of +Lancaster; and two daughters, Margaret, Queen of Scotland, and +Beatrix, Duchess of Britany. He had five other children, who died in +their infancy. + +[MN Miscellaneous transactions of the reign.] +The following are the most remarkable laws enacted during this reign. +There had been great disputes between the civil and ecclesiastical +courts concerning bastardy. The common law had deemed all those to be +bastards who were born before wedlock; by the canon law they were +legitimate: and when any dispute of inheritance arose, it had formerly +been usual for the civil courts to issue writs to the spiritual, +directing them to inquire into the legitimacy of the person. The +bishop always returned an answer agreeable to the canon law, though +contrary to the municipal law of the kingdom. For this reason the +civil courts had changed the terms of their writ; and instead of +requiring the spiritual courts to make inquisition concerning the +legitimacy of the person, they only proposed the simple question of +fact, whether he were born, before or after wedlock? The prelates +complained of this practice to the Parliament assembled at Merton in +the twentieth of this king, and desired that the municipal law might +be rendered conformable to the canon; but received from all the +nobility the memorable reply, NOLUMUS LEGES ANGLIAE MUTARE! We will +not change the laws of England [t]. +[FN [t] Statute of Merton, chap. 9.] + +After the civil wars, the Parliament, summoned at Marlebridge, gave +their approbation to most of the ordinances which had been established +by the reforming barons, and which, though advantageous to the +security of the people, had not received the sanction of a legal +authority. Among other laws, it was there enacted, that all appeals +from the courts of inferior lords should be carried directly to the +king's courts without passing through the courts of the lords +immediately superior [u]. It was ordained that money should bear no +interest during the minority of the debtor [w]. This law was +reasonable, as the estates of minors were always in the hands of their +lords, and the debtors could not pay interest where they had no +revenue. The charter of King John had granted this indulgence: it was +omitted in that of Henry III., for what reason is not known; but it +was renewed by the statute of Marlebridge. Most of the other articles +of this statute are calculated to restrain the oppressions of +sheriffs, and the violence and iniquities committed in distraining +cattle and other goods. Cattle and the instruments of husbandry +formed at that time the chief riches of the people. +[FN [u] Statute of Marleb. chap. 20. [w] Ibid. chap. 16.] + +In the thirty-fifth year of this king an assize was fixed of bread, +the price of which was settled, according to the different prices of +corn, from one shilling a quarter to seven shillings and sixpence [x], +money of that age. These great variations are alone a proof of bad +tillage [y]: yet did the prices often rise much higher than any taken +notice of by the statute. The Chronicle of Dunstable tells us, that, +in this reign, wheat was once sold for a mark, nay, for a pound, a +quarter, that is, three pounds of our present money [z]. The same law +affords us a proof of the little communication between the parts of +the kingdom, from the very different prices which the same commodity +bore at the same time. A brewer, says the statute, may sell two +gallons of ale for a penny in cities, and three or four gallons for +the same price in the country. At present, such commodities, by the +great consumption of the people, and the great stocks of the brewers, +are rather cheapest in cities. The Chronicle above mentioned +observes, that wheat one year was sold in many places for eight +shillings a quarter, but never rose in Dunstable above a crown. +[FN [x] Statutes at Large, p. 6. [y] We learn from Cicero's Orations +against Verres, lib. 3, cap. 84, 92, that the price of corn in Sicily +was, during the praetorship of Sacerdos, five Denarii a Modius; during +that of Verres, which immediately succeeded, only two Sesterces; that +is, ten times lower; a presumption, or rather a proof, of the very bad +state of tillage in ancient times. [z] Knyghton, p. 2444.] + +Though commerce was still very low, it seems rather to have increased +since the Conquest; at least if we may judge of the increase of money +by the price of corn. The medium between the highest and lowest +prices of wheat, assigned by the statute, is four shillings and three +pence a quarter, that is, twelve shillings and nine pence of our +present money. This is near half of the middling price in our time. +Yet the middling price of cattle, so late as the reign of King +Richard, we find to be above eight, near ten times lower than the +present. Is not this the true inference, from comparing these facts, +that, in all uncivilized nations, cattle, which propagate of +themselves, bear always a lower price than corn, which requires more +art and stock to render it plentiful than those nations are possessed +of? It is to be remarked that Henry's assize of corn was copied from +a preceding assize established by King John; consequently, the prices +which we have here compared of corn and cattle may be looked on as +contemporary; and they were drawn, not from one particular year, but +from an estimation of the middling prices for a series of years. It +is true, the prices assigned by the assize of Richard were meant as a +standard for the accompts of sheriffs and escheators; and as +considerable profits were allowed to these ministers, we may naturally +suppose, that the common value of cattle was somewhat higher: yet +still, so great a difference between the prices of corn and cattle as +that of four to one, compared to the present rates, affords important +reflections concerning the very different state of industry and +tillage in the two periods. + +Interest had in that age amounted to an enormous height, as might be +expected from the barbarism of the times and men's ignorance of +commerce. Instances occur of fifty per cent paid for money [a]. +There is an edict of Philip Augustus near this period, limiting the +Jews in France to forty-eight per cent [b]. Such profits tempted the +Jews to remain in the kingdom, notwithstanding the grievous +oppressions to which, from the prevalent bigotry and rapine of the +age, they were continually exposed. It is easy to imagine how +precarious their state must have been under an indigent prince, +somewhat restrained in his tyranny over his native subjects, but who +possessed an unlimited authority over the Jews, the sole proprietors +of money in the kingdom, and hated, on account of their riches, their +religion, and their usury: yet will our ideas scarcely come up to the +extortions which, in fact, we find to have been practised upon them. +In the year 1241, twenty thousand marks were exacted from them [c]: +two years after money was again extorted; and one Jew alone, Aaron of +York, was obliged to pay above four thousand marks [d]. In 1250, +Henry renewed his oppressions; and the same Aaron was condemned to pay +him thirty thousand marks upon an accusation of forgery [e]: the high +penalty imposed upon him, and which, it seems, he was thought able to +pay, is rather a presumption of his innocence than of his guilt. In +1255, the king demanded eight thousand marks from the Jews, and +threatened to hang them if they refused compliance. They now lost all +patience, and desired leave to retire with their effects out of the +kingdom. But the king replied: "How can I remedy the oppressions you +complain of? I am myself a beggar. I am spoiled, I am stripped of +all my revenues: I owe above two hundred thousand marks; and if I had +said three hundred thousand, I should not exceed the truth: I am +obliged to pay my son, Prince Edward, fifteen thousand marks a year: I +have not a farthing; and I must have money, from any hand, from any +quarter, or by any means." He then delivered over the Jews to the +Earl of Cornwall, that those whom the one brother had flayed, the +other might embowel, to make use of the words of the historian [f]. +King John, his father, once demanded ten thousand marks from a Jew of +Bristol; and on his refusal, ordered one of his teeth to be drawn +every day till he should comply. The Jew lost seven teeth, and then +paid the sum required of him [g]. One talliage paid upon the Jews in +1243 amounted to sixty thousand marks [h]; a sum equal to the whole +yearly revenue of the crown. +[FN [a] M. Paris, p. 586. [b] Brussel, Traité des Fiefs, vol. i. p. +576 [c] M. Paris, p. 372. [d] Ibid. p. 410. [e] Ibid. p. 525. [f] +M. Paris, p. 606. [g] Ibid. p. 160. [h] Madox, p. 152.] + +To give a better pretence for extortions, the improbable and absurd +accusation, which has been at different times advanced against that +nation, was revived in England, that they had crucified a child in +derision of the sufferings of Christ. Eighteen of them were hanged at +once for this crime [i]: though it is nowise credible, that even the +antipathy borne them by the Christians, and the oppressions under +which they laboured, would ever have pushed them to be guilty of that +dangerous enormity. But it is natural to imagine, that a race, +exposed to such insults and indignities, both from king and people, +and who had so uncertain an enjoyment of their riches, would carry +usury to the utmost extremity, and by their great profits make +themselves some compensation for their continual perils. +[FN [i] M. Paris, p. 613.] + +Though these acts of violence against the Jews proceeded much from +bigotry, they were still more derived from avidity and rapine. So far +from desiring in that age to convert them, it was enacted by law in +France, that if any Jew embraced Christianity, he forfeited all his +goods, without exception, to the king, or his superior lord. These +plunderers were careful, lest the profits, accruing from their +dominion over that unhappy race, should be diminished by their +conversion [k]. +[FN [k] Brussel, vol. i. p. 622. Du Cange, verbo JUDAEI.] + +Commerce must be in a wretched condition, where interest was so high, +and where the sole proprietors of money employed it in usury only, and +were exposed to such extortion and injustice. But the bad police of +the country was another obstacle to improvements; and rendered all +communication dangerous, and all property precarious. The Chronicle +of Dunstable says [l], that men were never secure in the houses, and +that whole villages were often plundered by bands of robbers, though +no civil wars at that time prevailed in the kingdom. In 1249, some +years before the insurrection of the barons, two merchants of Brabant +came to the king at Winchester, and told him that they had been +spoiled of all their goods by certain robbers, whom they knew, because +they saw their faces every day in his court; that like practices +prevailed all over England, and travellers were continually exposed to +the danger of being robbed, bound, wounded, and murdered; that these +crimes escaped with impunity, because the ministers of justice +themselves were in a confederacy was the robbers; and that they, for +their part, instead of bringing matters to a fruitless trial by law, +were willing, though merchants, to decide their cause with the robbers +by arms and a duel. The king, provoked at these abuses, ordered a +jury to be enclosed, and to try the robbers: the jury, though +consisting of twelve men of property in Hampshire, were found to be +also in a confederacy with the felons, and acquitted them. Henry, in +a rage, committed the jury to prison, threatened them with a severe +punishment, and ordered a new jury to be enclosed, who, dreading the +fate of their fellows, at last found a verdict against the criminals. +Many of the king's own household were discovered to have participated +in the guilt; and they said for their excuse, that they received no +wages from him, and were obliged to rob for a maintenance [m]. +KNIGHTS AND ESQUIRES, says the Dictum of Kenilworth, WHO WERE ROBBERS, +IF THEY HAVE NO LAND, SHALL PAY THE HALF OF THEIR GOODS, AND FIND +SUFFICIENT SECURITY TO KEEP HENCEFORTH THE PEACE OF THE KINGDOM. Such +were the matters of the times! +[FN [1] Vol. i. p. 155. [m] M. Paris, p. 509.] + +One can the less repine, during the prevalence of such manners, at the +frauds and forgeries of the clergy; as it gives less disturbance to +society, to take men's money from them with their own consent, though +by deceits and lies, than to ravish it by open force and violence. +During this reign the papal power was at its summit, and was even +beginning insensibly to decline, by reason of the immeasurable avarice +and extortions of the court of Rome, which disgusted the clergy as +well as laity, in every kingdom of Europe. England itself, though +sunk in the deepest abyss of ignorance and superstition, had seriously +entertained thoughts of shaking off the papal yoke [n]; and the Roman +pontiff was obliged to think of new expedients for riveting it faster +upon the Christian world. For this purpose, Gregory IX. published his +decretals [o], which are a collection of forgeries, favourable to the +court of Rome, and consist of the supposed decrees of popes in the +first centuries. But these forgeries are so gross, and confound so +palpably all language, history, chronology, and antiquities, matters +more stubborn than any speculative truths whatsoever, that even that +church, which is not startled at the most monstrous contradictions and +absurdities, has been obliged to abandon them to the critics. But in +the dark period of the thirteenth century they passed for undisputed +and authentic; and men, entangled in the mazes of this false +literature, joined to the philosophy, equally false, of the times, had +nothing wherewithal to defend themselves, but some small remains of +common sense, which passed for profaneness and impiety, and the +indelible regard to self-interest, which, as it was the sole motive in +the priests for framing these impostures, served also, in some degree, +to protect the laity against them. +[FN [n] M. Paris, p. 421. [o] Trivet, p. 191.] + +Another expedient, devised by the church of Rome, in this period, for +securing her power, was the institution of new religious orders, +chiefly the Dominicans and Franciscans, who proceeded with all the +zeal and success that attend novelties; were better qualified to gain +the populace than the old orders, now become rich and indolent; +maintained a perpetual rivalship with each other in promoting their +gainful superstitions; and acquired a great dominion over the minds, +and, consequently, over the purses of men, by pretending a desire of +poverty and a contempt for riches. The quarrels which arose between +these orders, lying still under the control of the sovereign pontiff, +never disturbed the peace of the church, and served only as a spur to +their industry in promoting the common cause; and though the +Dominicans lost some popularity by their denial of the immaculate +conception, a point in which they unwarily engaged too far to be able +to recede with honour, they counterbalanced this disadvantage, by +acquiring more solid establishments, by gaining the confidence of +kings and princes, and by exercising the jurisdiction assigned them, +of ultimate judges and punishers of heresy. Thus, the several orders +of monks became a kind of regular troops or garrisons of the Romish +church; and though the temporal interests of society, still more the +cause of true piety, were hurt, by their various devices to captivate +the populace, they proved the chief supports of that mighty fabric of +superstition, and till the revival of true learning, secured it from +any dangerous invasion. + +The trial by ordeal was abolished in this reign by order of council: a +faint mark of improvement in the age [p]. +[FN [p] Rymer, vol. i. p. 228. Spellman, p. 326.] + +Henry granted a charter to the town of Newcastle, in which he gave the +inhabitants a licence to dig coal. This is the first mention of coal +in England. + +We learn from Madox [q], that this king gave, at one time, one hundred +shillings to master Henry, his poet: also the same year he orders this +poet ten pounds. +[FN [q] Page 268.] + +It appears from Selden, that, in the forty-seventh of his reign, a +hundred and fifty temporal, and fifty spiritual barons were summoned +to perform the service due by their tenures [r]. In the thirty-fifth +of the subsequent reign, eighty-six temporal barons, twenty bishops, +and forty-eight abbots, were summoned to a Parliament convened at +Carlisle [s]. +[FN [r] Titles of Honour, part ii. Chap. 3. [s] Parl. Hist. vol. i. +p. 151.] + + + + +NOTES. + + + +NOTE [A] + +This question has been disputed with as great zeal and even acrimony, +between the Scotch and Irish antiquaries, as if the honour of their +respective countries were the most deeply concerned in the decision. +We shall not enter into any detail on so uninteresting a subject, but +shall propose our opinion in a few words. It appears more than +probable, from the similitude of language and manners, that Britain +either was originally peopled, or was subdued, by the migration of +inhabitants from Gaul, and Ireland from Britain: the position of the +several countries is an additional reason that favours this +conclusion. It appears also probable, that the migration of that +colony of Gauls or Celts, who peopled or subdued Ireland, was +originally made from the north-west parts of Britain; and this +conjecture (if it do not merit a higher name) is founded both on the +Irish language, which is a very different dialect from the Welsh, and +from the language anciently spoken in South Britain; and on the +vicinity of Lancashire, Cumberland, Galloway, and Argyleshire, to that +island. These events, as they passed long before the age of history +and records, must be known by reasoning alone, which in this case +seems to be pretty satisfactory: Caesar and Tacitus, not to mention a +multitude of other Greek and Roman authors, were guided by like +inferences. But besides these primitive facts, which lie in a very +remote antiquity, it is a matter of positive and undoubted testimony, +that the Roman province of Britain, during the time of the lower +empire, was much infested by bands of robbers or pirates, whom the +provincial Britons called Scots or Scuits; a name which was probably +used as a term of reproach, and which these banditti themselves did +not acknowledge or assume. We may infer from two passages in +Claudian, and from one in Orosius, and another in Isidore, that the +chief seat of these Scots was in Ireland. That some part of the Irish +freebooters migrated back to the north-west parts of Britain, whence +their ancestors had probably been derived in a more remote age, is +positively asserted by Bede, and implied in Gildas. I grant that +neither Bede nor Gildas are Caesars or Tacituses; but such as they +are, they remain the sole testimony on the subject, and therefore must +be relied on for want of better: happily, the frivolousness of the +question corresponds to the weakness of the authorities. Not to +mention, that if any part of the traditional history of a barbarous +people can be relied on, it is the genealogy of nations, and even +sometimes that of families. It is in vain to argue against these +facts from the supposed warlike disposition of the Highlanders, and +unwarlike of the ancient Irish. Those arguments are still much weaker +than the authorities. Nations change very quickly in these +particulars. The Britons were unable to resist the Picts and Scots, +and invited over the Saxons for their defence, who repelled those +invaders: yet the same Britons valiantly resisted for one hundred and +fifty years, not only this victorious band of Saxons, but infinite +numbers more, who poured in upon them from all quarters. Robert +Bruce, in 1322, made a peace, in which England, after many defeats, +was constrained to acknowledge the independence of his country: yet in +no more distant period than ten years after, Scotland was totally +subdued by a small handful of English, led by a few private noblemen. +All history is full of such events. The Irish Scots, in the course of +two or three centuries, might find time and opportunities sufficient +to settle in North Britain, though we can neither assign the period +nor causes of that revolution. Their barbarous manner of life +rendered them much fitter than the Romans for subduing these +mountaineers. And, in a word, it is clear from the language of the +two countries, that the Highlanders and the Irish are the same people, +and that the one are a colony from the other. We have positive +evidence which, though from neutral persons, is not perhaps the best +that may be wished for, that the former, in the third or fourth +century, sprang from the latter: we have no evidence at all that the +latter sprang from the former. I shall add, that the name of Erse or +Irish given by the low-country Scotch to the language of the Scotch +Highlanders, is a certain proof of the traditional opinion delivered +from father to son, that the latter people came originally from +Ireland. + + +NOTE [B] + +There is a seeming contradiction in ancient historians with regard to +some circumstances in the story of Edwy and Elgiva. It is agreed that +this prince had a violent passion for his second or third cousin, +Elgiva, whom he married, though within the degrees prohibited by the +canons. It is also agreed, that he was dragged from a lady on the day +of his coronation, and that the lady was afterwards treated with the +singular barbarity above mentioned. The only difference is, that +Osberne and some others call her his strumpet, not his wife, as she is +said to be by Malmesbury. But this difference is easily reconciled; +for if Edwy married her contrary to the canons, the monks would be +sure to deny her to be his wife, and would insist that she could be +nothing but his strumpet; to that, on the whole, we may esteem this +representation of the matter as certain, at least, as by far the most +probable. If Edwy had only kept a mistress, it is well known that +there are methods of accommodation with the church, which would have +prevented the clergy from proceeding to such extremities against him: +but his marriage contrary to the canons, was an insult on their +authority, and called for their highest resentment. + + +NOTE [C] + +Many of the English historians make Edgar's ships amount to an +extravagant number, to three thousand, or three thousand six hundred: +see Hoveden, p. 426. Flor. Wigorn. p. 607. Abbas Rieval. p. 360. +Brompton, p. 869, says, that Edgar had four thousand vessels. How can +these accounts be reconciled to probability, and to the state of the +navy in the time of Alfred? W. Thorne makes the whole number amount +only to three hundred, which is more probable. The fleet of Ethelred, +Edgar's son, must have been short of one thousand ships; yet the Saxon +Chronicle, p. 137, says, it was the greatest navy that ever had been +seen in England. + + +NOTE [D] + +Almost all the ancient historians speak of this massacre of the Danes +as if it had been universal, and as if every individual of that nation +throughout England had been put to death. But the Danes were almost +the sole inhabitants in the kingdoms of Northumberland and East- +Anglia, and were very numerous in Mercia. This representation, +therefore, of the matter is absolutely impossible. Great resistance +must have been made, and violent wars ensued; which was not the case. +This account given by Wallingford, though he stands single, must he +admitted as the only true one. We are told that the name LURDANE, +LORD DANE, for an idle lazy fellow, who lives at other people's +expense, came from the conduct of the Danes, who were put to death. +But the English princes had been entirely masters for several +generations; and only supported a military corps of that nation. It +seems probable, therefore, that it was these Danes only that were put +to death. + + +NOTE [E] + +The ingenious author of the article GODWIN, in the Biographia +Britannica, has endeavoured to clear the memory of that nobleman, upon +the supposition, that all the English annals had been falsified by the +Norman historians after the Conquest. But that this supposition has +not much foundation, appears hence, that almost all these historians +have given a very good character to his son Harold, whom it was much +more the interest of the Norman cause to blacken. + + +NOTE [F] + +The whole story of the transactions between Edward, Harold, and the +Duke of Normandy, is told so differently by the ancient writers, that +there are few important passages of the English history liable to so +great uncertainty. I have followed the account which appeared to me +the most consistent and probable. It does not seem likely, that +Edward ever executed a will in the duke's favour, much less that he +got it ratified by the states of the kingdom, as is affirmed by some. +The will would have been known to all, and would have been produced by +the Conqueror, to whom it gave so plausible, and really so just a +title; but the doubtful and ambiguous manner in which he seems always +to have mentioned it, proves that he could only plead the known +intentions of that monarch in his favour, which he was desirous to +call a will. There is indeed a charter of the Conqueror preserved by +Dr. Hickes, vol. i., where he calls himself REX HEREDITARIUS, meaning +heir by will; but a prince possessed of so much power, and attended +with so much success, may employ what pretence he pleases: it is +sufficient to refute his pretences, to observe that there is a great +difference and variation among historians, with regard to a point +which, had it been real, must have been agreed upon by all of them. + +Again, some historians, particularly Malmesbury and Matthew of +Westminster, affirm that Harold had no intention of going over to +Normandy, but, that taking the air in a pleasure boat on the coast, he +was driven over, by stress of weather, to the territories of Guy, +Count of Ponthieu: but besides that this story is not probable in +itself, and is contradicted by most of the ancient historians, it is +contradicted by a very curious and authentic monument lately +discovered. It is a tapestry, preserved in the ducal palace of Rouen, +and supposed to have been wrought by orders of Matilda, wife to the +emperor: at least it is of very great antiquity. Harold is there +represented as taking his departure from King Edward in execution of +some commission, and mounting his vessel with a great train. The +design of redeeming his brother and nephew, who were hostages, is the +most likely cause that can be assigned; and is accordingly mentioned +by Eadmer, Hoveden, Brompton, and Simeon of Durham. For a farther +account of this piece of tapestry, see Histoire de l'Academie de +Littérature, tom. ix. p. 535. + + +NOTE [G] + +It appears from the ancient translations of the Saxon annals and laws, +and from King Alfred's translation of Bede, as well as from all the +ancient historians, that COMES in Latin, ALDERMAN in Saxon, and EARL +in Dano-Saxon, were quite synonymous. There is only a clause in a law +of King Athelstan's (see Spellm. Conc. p. 406) which has stumbled some +antiquaries, and has made them imagine that an earl was superior to an +alderman. The weregild, or the price of an earl's blood, is there +fixed at fifteen thousand thrimsas, equal to that of an archbishop; +whereas that of a bishop and alderman is only eight thousand thrimsas. +To solve this difficulty we must have recourse to Selden's conjecture, +(see his Titles of Honour, chap. v. p. 603, 604,) that the term of +earl was in the age of Athelstan just beginning to be in use in +England, and stood at that time for the atheling or prince of the +blood, heir to the crown. This he confirms by a law of Canute, Sec. +55, where an atheling and an archbishop are put upon the same footing. +In another law of the same Athelstan, the weregild of the prince, or +atheling, is said to be fifteen thousand thrimsas. See Wilkins, p. +71. He is therefore the same who is called earl in the former law. + + +NOTE [H] + +There is a paper or record of the family of Sharneborn, which +pretends, that that family, which was Saxon, was restored upon proving +their innocence, as well as other Saxon families which were in the +same situation. Though this paper was able to impose on such great +antiquaries as Spellman (see Gloss. in verbo DRENGES) and Dugdale, +(see Baron. vol. i. p. 118,) it is proved by Dr. Brady (see Answ. to +Petyt, p. 11, 12) to have been a forgery; and is allowed as such by +Tyrrel, though a pertinacious defender of his party notions (see his +Hist. vol. ii. introd. p. 51, 73). Ingulf, p. 70, tells us, that very +early, Hereward, though absent during the time of the Conquest, was +turned out of all his estate, and could not obtain redress. William +even plundered the monasteries. Flor. Wigorn. p. 636. Chron. Abb. +St. Petri de Burgo, p. 48. M. Paris, p. 5. Sim. Dun. p. 200. +Diceto, p. 482. Brompton, p. 967. Knyghton, p. 2344. Alur. Beverl. +p. 130. We are told by Ingulf, that Ivo de Taillebois plundered the +monastery of Croyland of a great part of its land, and no redress +could be obtained. + + +NOTE [I] + +The obliging of all the inhabitants to put out their fires and lights +at certain hours, upon the sounding of a bell called the COURFEU, is +represented by Polydore Vergil, lib. 9, as a mark of the servitude of +the English. But this was a law of police, which William had +previously established in Normandy. See Du Moulin, Hist. de +Normandie, p. 160. The same law had place in Scotland. LL. Burgor +cap. 86. + + +NOTE [K] + +What these laws were of Edward the Confessor, which the English, every +reign during a century and a half, desire so passionately to have +restored, is much disputed by antiquaries, and our ignorance of them +seems one of the greatest defects in the ancient English history. The +collection of laws in Wilkins, which pass under the name of Edward, +are plainly a posterior and an ignorant compilation. Those to be +found in Ingulf are genuine; but so imperfect, and contain so few +clauses favourable to the subject, that we see no great reason for +their contending for them so vehemently. It is probable, that the +English meant the COMMON LAW, as it prevailed during the reign of +Edward; which we may conjecture to have been more indulgent to liberty +than the Norman institutions. The most material articles of it were +afterwards comprehended in Magna Charta. + + +NOTE [L] + +Ingulf, p. 70. H. Hunt. p. 370, 372. M. West. p. 225. Gul. Neub. p. +357. Alured. Beverl. p. 124. De Gest. Angl. p. 333. M. Paris, p. 4. +Sim. Dun. p. 206. Brompton, p. 962, 980, 1161. Gervase Tilb. lib. i. +cap. 16. Textus Roffensis apud Seld. Spicileg. ad Eadm. p. 179. Gul. +Pict. p. 206. Ordericus Vitalis, p. 621, 666, 853. Epist. St. Thom. +p. 801. Gul. Malmes. p. 52, 57. Knyghton, p. 2354. Eadmer. p. 110. +Thom. Rudborne in Ang. Sacra, vol. i. p. 248. Monach. Roff. in Ang +Sacra, vol. ii. p. 276. Girald. Camb. in eadem, vol. ii. p. 413. +Hist Elyensis, p. 516. The words of this last historian, who is very +ancient, are remarkable and worth transcribing: "REX ITAQUE FACTUS +WILLIELMUS, QUID IN PRINCIPES ANGLORUM, QUI TANTAE CLADI SUPERESSE +POTERANT, FECERIT, DICERE, CUM NIHIL PROSIT, OMITTO. QUID ENIM +PRODESSET, SI NEC UNUM IN TOTO REGNO DE ILLIS DICEREM PRISTINA +POTESTATE UTI PERMISSUM, SED OMNES AUT IN GRAVEM PAUPERTATIS AERUMNAM +DETRUSOS, AUT EXHAEREDATOS, PATRIA PULSOS, AUT EFFOSSIS OCULIS, VEL +CAETERIS AMPUTATIS MEMBRIS OPPROBRIUM HOMINUM FACTOS, AUT CERTE +MISERRIME AFFLICTOS, VITA PRIVATOS? SIMILI MODO UTILITATE CARERE +EXISTIMO DICERE QUID IN MINOREM POPULUM, NON SOLUM AB EO, SED A SUIS +ACTUM SIT, CUM ID DICTU SCIAMUS DIFFICILE, ET OB IMMANEM CRUDELITATEM, +FORTASSIS INCREDIBILE." + + +NOTE [M] + +Henry, by the feudal customs, was entitled to levy a tax for the +marrying of his eldest daughter, and he exacted three shillings a hide +on all England. H. Hunt. p. 379. Some historians (Brady, p. 270, and +Tyrrel, vol. ii. p. 182) heedlessly make this sum amount to above +eight hundred thousand pounds of our present money: but it could not +exceed one hundred and thirty-five thousand. Five hides, sometimes +less, made a knight's fee, of which there were about sixty thousand in +England, consequently near three hundred thousand hides; and at the +rate of three shillings a hide, the sum would amount to forty-five +thousand pounds, or one hundred and thirty-five thousand of our +present money. See Rudborne, p. 257. In the Saxon times, there were +only computed two hundred and forty-three thousand six hundred hides +in England. + + +NOTE [N] + +The legates À LATERE, as they were called, were a kind of delegates +who possessed the full power of the pope in all the provinces +committed to their charge, and were very busy in extending as well as +exercising it. They nominated to all vacant benefices, assembled +synods, and were anxious to maintain ecclesiastical privileges, which +never could be fully protected without encroachments on the civil +power. If there were the least concurrence or opposition, it was +always supposed that the civil power was to give way: every deed which +had the least pretence of holding of any thing spiritual, as +marriages, testaments, promissory oaths, were brought into the +spiritual court, and could not be canvassed before a civil magistrate. +These were the established laws of the church; and where a legate was +sent immediately from Rome, he was sure to maintain the papal claims +with the utmost rigour: but it was an advantage to the king to have +the Archbishop of Canterbury appointed legate, because the connexions +of that prelate with the kingdom tended to moderate his measures. + + +NOTE [O] + +William of Newbridge, p. 383, (who is copied by later historians,) +asserts, that Geoffrey had some title to the counties of Maine and +Anjou. He pretends that Count Geoffrey, his father, had left him +these dominions by a secret will, and had ordered that his body should +not be buried, till Henry should swear to the observance of it, which +he, ignorant of the contents, was induced to do. But besides that +this story is not very likely in itself, and savours of monkish +fiction, it is found in no other ancient writer, and is contradicted +by some of them, particularly the monk of Marmoutier, who had better +opportunities than Newbridge of knowing the truth. See Vita Gauf. +Duc. Norman. p. 103. + + +NOTE [P] + +The sum scarcely appears credible, as it would amount to much above +half the rent of the whole land. Gervase is indeed a contemporary +author; but churchmen are often guilty of strange mistakes of that +nature, and are commonly but little acquainted with the public +revenues. This sum would make five hundred and forty thousand pounds +of our present money. The Norman Chronicle, p. 995, says that Henry +raised only sixty Angevin shillings on each knight's fee in his +foreign dominions: this is only a fourth of the sum which Gervase says +he levied on England; an inequality nowise probable. A nation may, by +degrees, be brought to bear a tax of fifteen shillings in the pound, +but a sudden and precarious tax can never be imposed to that amount, +without a very visible necessity, especially in an age so little +accustomed to taxes. In the succeeding reign the rent of a knight's +fee was computed at four pounds a year. There were sixty thousand +knights' fees in England. + + +NOTE [Q] + +Fitz-Stephens, p. 18. This conduct appears violent and arbitrary, but +was suitable to the strain of administration in those days. His +father Geoffrey, though represented as a mild prince, set him an +example of much greater violence. When Geoffrey was master of +Normandy, the chapter of sees presumed, without his consent, to +proceed to the election of a bishop; upon which be ordered all of +them, with the bishop elect, to be castrated, and made all their +testicles be brought him in a platter. Fitz-Steph. p. 44. In the war +of Toulouse, Henry laid a heavy and an arbitrary tax on all the +churches within his dominions. See Epist. St. Thom. p. 232. + + +NOTE [R] + +I follow here the narrative of Fitz-Stephens, who was secretary to +Becket; though, no doubt, he may be suspected of partiality towards +his patron. Lord Lyttleton chooses to follow the authority of a +manuscript letter, or rather manifesto, of Folliot, Bishop of London, +which is addressed to Becket himself, at the time when the bishop +appealed to the pope from the excommunication pronounced against him +by his primate. My reasons, why I give the preference to +Fitz-Stephens, are, (1.) If the friendship of Fitz-Stephens might +render him partial to Becket, even after the death of that prelate, +the declared enmity of the bishop must, during his lifetime, have +rendered him more partial on the other side. (2.) The bishop was +moved by interest, as well as enmity, to calumniate Becket. He had +himself to defend against the sentence of excommunication, dreadful to +all, especially to a prelate: and no more effectual means than to +throw all the blame on his adversary. (3.) He has actually been +guilty of palpable calumnies in that letter. Among these, I reckon +the following:--He affirms that, when Becket subscribed the +Constitutions of Clarendon, he said plainly to all the bishops of +England, "It is my master's pleasure that I should forswear myself, +and at present I submit to it, and do resolve to incur a perjury, and +repent afterwards as I may." However barbarous the times, and however +negligent zealous churchmen were then of morality, these are not words +which a primate of great sense, and of much seeming sanctity, would +employ in an assembly of his suffragans: he might act upon these +principles, but never surely would publicly avow them. Folliot also +says, that all the bishops were resolved obstinately to oppose the +Constitutions of Clarendon, but the primate himself betrayed them from +timidity, and led the way to their subscribing. This is contrary to +the testimony of all the historians, and directly contrary to Becket's +character, who surely was not destitute either of courage or of zeal +for ecclesiastical immunities. (4.) The violence and injustice of +Henry, ascribed to him by Fitz-Stephens, is of a piece with the rest +of the prosecution. Nothing could be more iniquitous, than, after two +years' silence, to make a sudden and unprepared demand upon Becket to +the amount of forty-four thousand marks, (equal to a sum of near a +million in our time,) and not allow him the least interval to bring in +his accounts. If the king was so palpably oppressive in one article, +he may he presumed to be equally so in the rest. (5.) Though +Folliot's letter, or rather manifesto, be addressed to Becket himself, +it does not acquire more authority on that account. We know not what +answer was made by Becket: the collection of letters cannot he +supposed quite complete. But that the collection was not made by one +(whoever he were) very partial to that primate, appears from the tenor +of them, where there are many passages very little favourable to him: +insomuch that the editor of them at Brussels, a jesuit, thought proper +to publish them with great omissions, particularly of this letter of +Folliot's. Perhaps Becket made no answer at all, as not deigning to +write to an excommunicated person, whose very commerce would +contaminate him; and the bishop, trusting to this arrogance of his +primate, might calumniate him the more freely. (6.) Though the +sentence pronounced on Becket by the great council implies that he had +refused to make any answer to the king's court, this does not fortify +the narrative of Folliot. For if his excuse was rejected as false and +frivolous, it would he treated as no answer. Becket submitted so far +to the sentence of confiscation of goods and chattels, that he gave +surety, which is a proof that he meant not at that time to question +the authority of the king's courts. (7.) It may be worth observing, +that both the author of Historia quadripartita, and Gervase, +contemporary writers, agree with Fitz-Stephens; and the latter is not +usually very partial to Becket. All the ancient historians give the +same account. + + +NOTE [S] + +Madox, in his Baronia Anglica, cap. 14, tells us, that in the +thirtieth of Henry II. thirty-three cows and two bulls cost but eight +pounds seven shillings, money of that age; five hundred sheep, twenty- +two pounds ten shillings, or about ten pence three farthings per +sheep; sixty-six oxen, eighteen pounds three shillings; fifteen +breeding mares, two pounds twelve shillings and sixpence; and +twenty-two hogs, one pound two shillings. Commodities seem then to +have been about ten times cheaper than at present; all except the +sheep, probably on account of the value of the fleece. The same +author, in his Formulare Anglicanum, p. 17, says, "that in the tenth +year of Richard I. mention is made of ten per cent. paid for money: +but the Jews frequently exacted much higher interest." + + + +END OF VOL. I. + + + +***END OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF ENGLAND, VOLUME I*** + + +******* This file should be named 10574-8.txt or 10574-8.zip ******* + + +This and all associated files of various formats will be found in: +https://www.gutenberg.org/1/0/5/7/10574 + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS," WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + +https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + +http://www.ibiblio.org/gutenberg/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + +https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: +https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: +https://www.gutenberg.org/GUTINDEX.ALL + +*** END: FULL LICENSE *** diff --git a/old/10574-8.zip b/old/10574-8.zip Binary files differnew file mode 100644 index 0000000..04370cb --- /dev/null +++ b/old/10574-8.zip diff --git a/old/10574.txt b/old/10574.txt new file mode 100644 index 0000000..e50ecb8 --- /dev/null +++ b/old/10574.txt @@ -0,0 +1,22874 @@ +The Project Gutenberg eBook, The History of England, Volume I, by David +Hume + + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + + + + + + + +Title: The History of England, Volume I + +Author: David Hume + +Release Date: January 2, 2004 [eBook #10574] + +Language: English + +Character set encoding: US-ASCII + + +***START OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF ENGLAND, VOLUME I*** + + +E-text prepared by David J. Cole + + + +Transcriber's Note: + + Like much 18th and 19th century publishing, the edition of + David Hume's "History of England" from which this text was + prepared makes extensive use of both footnotes and marginal + notes. Since this e-text format does not allow use of the + original superscripts to denote the lettered footnotes, they + are indicated by the relevant letter within brackets, thus + "[a]", and the footnotes themselves are reproduced within + brackets and preceded by "FN" at the end of the PARAGRAPH to + which they relate; since some of Hume's paragraphs are + considerably longer than is normal in 21st century American or + British writing, you may have to scroll some distance to find + the text of the footnote. All footnotes are reproduced + exactly as in the printed text. + + More discretion has been exercised regarding marginal notes. + Those which simply repeat chapter numbers and dates already + given in the text are omitted as non-essential clutter. The + remainder are reproduced within brackets and preceded by "MN". + Those marginal notes which appear to correspond to sub-chapter + headings are reproduced as the first line of the paragraph to + which they relate. Other marginal notes are reproduced within + the text of the paragraph. Some apparently incomplete + marginal notes ending or beginning with ellipses are due to + cases where what is logically a single marginal note has been + broken into two or more pieces separated by a considerable + vertical distance. + + + + +THE HISTORY OF ENGLAND, VOLUME I + +From the Invasion of Julius Caesar to the Revolution in 1688 + +by + +DAVID HUME, ESQ. + +With the Author's Last Corrections and Improvements, to which is +prefixed a Short Account of His Life Written by Himself + + + +COMPLETE IN SIX VOLUMES + + + + + + + +MY OWN LIFE. + +It is difficult for a man to speak long of himself without vanity; +therefore I shall be short. It may be thought an instance of vanity +that I pretend at all to write my life; but this narrative shall +contain little more than the history of my writings; as, indeed, +almost all my life has been spent in literary pursuits and +occupations. The first success of most of my writings was not such as +to be an object of vanity. + +I was born the 26th of April, 1711, old style, at Edinburgh. I was of +a good family, both by father and mother: my father's family is a +branch of the Earl of Home's, or Hume's; and my ancestors had been +proprietors of the estate which my brother possesses, for several +generations. My mother was daughter of Sir David Falconer, President +of the College of Justice: the title of Lord Halkerton came by +succession to her brother. + +My family, however, was not rich; and being myself a younger brother, +my patrimony, according to the mode of my country, was of course very +slender. My father, who passed for a man of parts, died when I was an +infant, leaving me, with an elder brother and a sister, under the care +of our mother, a woman of singular merit, who, though young and +handsome, devoted herself entirely to the rearing and educating of her +children. I passed through the ordinary course of education with +success, and was seized very early with a passion for literature, +which has been the ruling passion of my life, and the great source of +my enjoyments. My studious disposition, my sobriety, and my industry, +gave my family a notion that the law was a proper profession for me; +but I found an unsurmountable aversion to every thing but the pursuits +of philosophy and general learning; and while they fancied I was +poring upon Voet and Vinnius, Cicero and Virgil were the authors which +I was secretly devouring. + +My very slender fortune, however, being unsuitable to this plan of +life, and my health being a little broken by my ardent application, I +was tempted, or rather forced, to make a very feeble trial for +entering into a more active scene of life. In 1734 I went to Bristol, +with some recommendations to several merchants; but in a few months +found that scene totally unsuitable to me. I went over to France with +a view of prosecuting my studies in a country retreat; and I there +laid that plan of life which I have steadily and successfully pursued. +I resolved to make a very rigid frugality supply my deficiency of +fortune, to maintain unimpaired my independency, and to regard every +object as contemptible, except the improvement of my talents in +literature. + +During my retreat in France, first at Rheims but chiefly at La Fleche, +in Anjou, I composed my Treatise of Human Nature. After passing three +years very agreeably in that country, I came over to London in 1737. +In the end of 1738 I published my Treatise, and immediately went down +to my mother and my brother, who lived at his country-house, and +employed himself very judiciously and successfully in the improvement +of his fortune. + +Never literary attempt was more unfortunate than my Treatise of Human +Nature. It fell DEAD-BORN FROM THE PRESS, without reaching such +distinction as even to excite a murmur among the zealots. But being +naturally of a cheerful and sanguine temper, I very soon recovered the +blow, and prosecuted with great ardour my studies in the country. In +1742 I printed at Edinburgh the first part of my Essays: the work was +favourably received, and soon made me entirely forget my former +disappointment. I continued with my mother and brother in the +country, and in that time recovered the knowledge of the Greek +language, which I had too much neglected in my early youth. + +In 1745 I received a letter from the Marquis of Annandale, inviting me +to come and live with him in England; I found, also, that the friends +and family of that young nobleman were desirous of putting him under +my care and direction, for the state of his mind and health required +it.--I lived with him a twelve-month. My appointments during that +time made a considerable accession to my small fortune. I then +received an invitation from General St. Clair to attend him as a +secretary to his expedition, which was at first meant against Canada, +but ended in an incursion on the coast of France. Next year, to wit, +1747, I received an invitation from the general to attend him in the +same station in his military embassy to the courts of Vienna and +Turin. I then wore the uniform of an officer, and was introduced at +these courts as aide-de-camp to the general, along with Sir Harry +Erskine and Captain Grant, now General Grant. These two years were +almost the only interruptions which my studies have received during +the course of my life: I passed them agreeably and in good company; +and my appointments, with my frugality, had made me reach a fortune +which I called independent, though most of my friends were inclined to +smile when I said so: in short, I was now master of near a thousand +pounds. + +I had always entertained a notion, that my want of success in +publishing the Treatise of Human Nature, had proceeded more from the +manner than the matter, and that I had been guilty of a very usual +indiscretion, in going to the press too early. I therefore cast the +first part of that work anew in the Enquiry concerning Human +Understanding, which was published while I was at Turin. But this +piece was at first little more successful than the Treatise of Human +Nature. On my return from Italy, I had the mortification to find all +England in a ferment, on account of Dr. Middleton's Free Enquiry, +while my performance was entirely over-looked and neglected. A new +edition which had been published in London, of my Essays, moral and +political, met not with a much better reception. + +Such is the force of natural temper, that these disappointments made +little or no impression on me. I went down in 1749, and lived two +years with my brother at his country-house, for my mother was now +dead. I there composed the second part of my Essay, which I called +Political Discourses, and also my Enquiry concerning the Principles of +Morals, which is another part of my treatise that I cast anew. +Meanwhile my bookseller, A. Miller, informed me that my former +publications (all but the unfortunate Treatise) were beginning to be +the subject of conversation; that the sale of them was gradually +increasing; and that new editions were demanded. Answers by Reverends +and Right Reverends came out two or three in a year; and I found, by +Dr. Warburton's railing, that the books were beginning to be esteemed +in good company. However, I had a fixed resolution, which I +inflexibly maintained, never to reply to any body; and not being very +irascible in my temper, I have easily kept myself clear of all +literary squabbles. These symptoms of a rising reputation gave me +encouragement, as I was ever more disposed to see the favourable than +the unfavourable side of things; a turn of mind which it is more happy +to possess, than to be born to an estate of ten thousand a year. + +In 1751 I removed from the country to the town, the true scene for a +man of letters. In 1752 were published at Edinburgh, where I then +lived, my Political Discourses, the only work of mine that was +successful on the first publication. It was well received at home and +abroad. In the same year was published, in London, my Enquiry +concerning the Principles of Morals; which, in my own opinion, (who +ought not to judge on that subject,) is of all my writings, +historical, philosophical, or literary, incomparably the best. It +came unnoticed and unobserved into the world. + +In 1752 the Faculty of Advocates chose me their librarian; an office +from which I received little or no emolument, but which gave me the +command of a large library. I then formed the plan of writing the +History of England; but being frightened with the notion of continuing +a narrative through a period of one thousand seven hundred years, I +commenced with the accession of the house of Stuart, an epoch when, I +thought, the misrepresentations of faction began chiefly to take +place. I was, I own, sanguine in my expectations of the success of +this work. I thought that I was the only historian that had at once +neglected present power, interest, and authority, and the cry of +popular prejudices; and as the subject was suited to every capacity, +I expected proportional applause. But miserable was my +disappointment: I was assailed by one cry of reproach, disapprobation, +and even detestation; English, Scotch, and Irish, whig and tory, +churchman and sectary, freethinker and religionist, patriot and +courtier, united in their rage against the man who had presumed to +shed a generous tear for the fate of Charles I. and the Earl of +Strafford; and after the first ebullitions of their fury were over, +what was still more mortifying, the book seemed to sink into oblivion. +Mr. Miller told me, that in a twelvemonth he sold only forty-five +copies of it. I scarcely, indeed, heard of one man in the three +kingdoms, considerable for rank or letters, that could endure the +book. I must only except the primate of England, Dr. Herring, and the +primate of Ireland, Dr. Stone, which seem two odd exceptions. These +dignified prelates separately sent me a message not to be discouraged. + +I was, however, I confess, discouraged; and had not the war at that +time been breaking out between France and England, I had certainly +retired to some provincial town of the former kingdom, have changed my +name, and never more have returned to my native country. But as this +scheme was not now practicable, and the subsequent volume was +considerably advanced, I resolved to pick up courage and to persevere. + +In this interval I published at London my Natural History of Religion, +along with some other small pieces: its public entry was rather +obscure, except only that Dr. Hurd wrote a pamphlet against it, with +all the illiberal petulance, arrogance, and scurrility, which +distinguish the Warburtonian school. This pamphlet gave me some +consolation for the otherwise indifferent reception of my performance. + +In 1756, two years after the fall of the first volume, was published +the second volume of my History, containing the period from the death +of Charles I. till the Revolution. This performance happened to give +less displeasure to the whigs, and was better received. It not only +rose itself, but helped to buoy up its unfortunate brother. + +But though I had been taught by experience, that the whig party were +in possession of bestowing all places, both in the state and in +literature, I was so little inclined to yield to their senseless +clamour, that in above a hundred alterations, which farther study, +reading, or reflection, engaged me to make in the reigns of the two +first Stuarts, I have made all of them invariably to the tory side. +It is ridiculous to consider the English constitution before that +period as a regular plan of liberty. + +In 1759 I published my History of the House of Tudor. The clamour +against this performance was almost equal to that against the History +of the two first Stuarts. The reign of Elizabeth was particularly +obnoxious. But I was now callous against the impressions of public +folly, and continued very peaceably and contentedly in my retreat in +Edinburgh, to finish, in two volumes, the more early part of the +English History, which I gave to the public in 1761, with tolerable, +and but tolerable, success. + +But notwithstanding this variety of winds and seasons to which my +writings have been exposed, they had still been making such advances, +that the copy-money given me by the booksellers much exceeded any +thing formerly known in England: I retired to my native country of +Scotland, determined never more to set my foot out of it; and +retaining the satisfaction of never having preferred a request to one +great man, or even making advances of friendship to any of them. As I +was now turned of fifty, I thought of passing all the rest of my life +in this philosophical manner, when I received, in 1763, an invitation +from the Earl of Hertford, with whom I was not in the least +acquainted, to attend him on his embassy to Paris, with a near +prospect of being appointed secretary to the embassy; and, in the +meanwhile, of performing the functions of that office. This offer, +however inviting, I at first declined, both because I was reluctant to +begin connexions with the great, and because I was afraid that the +civilities and gay company of Paris would prove disagreeable to a +person of my age and humour: but on his lordship's repeating the +invitation, I accepted of it. I have every reason, both of pleasure +and interest, to think myself happy in my connexions with that +nobleman, as well as afterwards with his brother General Conway. + +Those who have not seen the strange effects of modes will never +imagine the reception I met with at Paris, from men and women of all +ranks and stations. The more I resiled from their excessive +civilities, the more I was loaded with them. There is, however, a +real satisfaction in living at Paris, from the great number of +sensible, knowing, and polite company with which that city abounds +above all places in the universe. I thought once of settling there +for life. + +I was appointed secretary to the embassy; and in summer, 1765, Lord +Hertford left me, being appointed Lord Lieutenant of Ireland. I was +charge d'affaires till the arrival of the Duke of Richmond, towards +the end of the year. In the beginning of 1766 I left Paris, and next +summer went to Edinburgh, with the same view as formerly of burying +myself in a philosophical retreat. I returned to that place, not +richer, but with much more money, and a much larger income, by means +of Lord Hertford's friendship, than I left it; and I was desirous of +trying what superfluity could produce, as I had formerly made an +experiment of a competency. But in 1767 I received from Mr. Conway an +invitation to be under-secretary; and this invitation, both the +character of the person, and my connexions with Lord Hertford, +prevented me from declining. I returned to Edinburgh in 1769, very +opulent, (for I possessed a revenue of 1000L. a year,) healthy, and, +though somewhat stricken in years, with the prospect of enjoying long +my ease, and of seeing the increase of my reputation. + +In spring, 1775, I was struck with a disorder in my bowels, which at +first gave me no alarm, but has since, as I apprehend it, become +mortal and incurable. I now reckon upon a speedy dissolution. I have +suffered very little pain from my disorder; and what is more strange +have, notwithstanding the great decline of my person, never suffered a +moment's abatement of my spirits, inasmuch that were I to name a +period of my life which I should most choose to pass over again, I +might be tempted to point to this later period. I possess the same +ardour as ever in study, and the same gaiety in company. I consider, +besides, that a man of sixty-five, by dying, cuts off only a few years +of infirmities; and though I see many symptoms of my literary +reputation's breaking out at last with additional lustre, I know that +I could have but few years to enjoy it. It is difficult to be more +detached from life than I am at present. + +To conclude historically with my own character. I am, or rather was, +(for that is the style I must now use in speaking of myself, which +emboldens me the more to speak my sentiments)--I was, I say, a man of +mild disposition, of command of temper, of an open, social, and +cheerful humour, capable of attachment, but little susceptible of +enmity, and of great moderation in all my passions. Even my love of +literary fame, my ruling passion, never soured my temper, +notwithstanding my frequent disappointments. My company was not +unacceptable to the young and careless, as well as to the studious and +literary; and as I took a particular pleasure in the company of modest +women, I had no reason to be displeased with the reception I met with +from them. In a word, though most men, anywise eminent, have found +reason to complain of calumny, I never was touched, or even attacked +by her baleful tooth; and though I wantonly exposed myself to the rage +of both civil and religious factions, they seemed to be disarmed in my +behalf of their wonted fury. My friends never had occasion to +vindicate any one circumstance of my character and conduct: not but +that the zealots, we may well suppose, would have been glad to invent +and propagate any story to my disadvantage, but they could never find +any which they thought would wear the face of probability. I cannot +say there is no vanity in making this funeral oration of myself; but I +hope it is not a misplaced one; and this is a matter of fact which is +easily cleared and ascertained. + + +April 18, 1776. + + + + +LETTER + +FROM + +ADAM SMITH. LL. D. + +To + +WILLIAM STRAHAN, ESQ. + + +Kirkaldy, Fifeshire, Nov. 9, 1776 + +DEAR SIR, + +It is with a real, though a very melancholy pleasure, that I sit down +to give you some account of the behaviour of our late excellent +friend, Mr. Hume, during his last illness. + +Though in his own judgment his disease was mortal and incurable, yet +he allowed himself to be prevailed upon, by the entreaty of his +friends, to try what might be the effects of a long journey. A few +days before he set out, he wrote that account of his own life, which, +together with his other papers, he has left to your care. My account, +therefore, shall begin where his ends. + +He set out for London towards the end of April, and at Morpeth met +with Mr. John Home, and myself, who had both come down from London on +purpose to see him, expecting to have found him at Edinburgh. Mr. +Home returned with him, and attended him, during the whole of his stay +in England, with that care and attention which might be expected from +a temper so perfectly friendly and affectionate. As I had written to +my mother that she might expect me in Scotland, I was under the +necessity of continuing my journey. His disease seemed to yield to +exercise and change of air, and when he arrived in London, he was +apparently in much better health than when he left Edinburgh. He was +advised to go to Bath to drink the waters, which appeared for some +time to have so good an effect upon him, that even he himself began to +entertain, what he was not apt to do, a better opinion of his own +health. His symptoms, however, soon returned with their usual +violence, and from that moment he gave up all thoughts of recovery, +but submitted with the utmost cheerfulness, and the most perfect +complacency and resignation. Upon his return to Edinburgh, though he +found himself much weaker, yet his cheerfulness never abated, and he +continued to divert himself, as usual, with correcting his own works +for a new edition, with reading books of amusement, with the +conversation of his friends, and sometimes in the evening with a party +at his favourite game of whist. His cheerfulness was so great, and +his conversation and amusements ran so much in their usual strain, +that, notwithstanding all bad symptoms, many people could not believe +he was dying. "I shall tell your friend, Colonel Edmonstone," said +Doctor Dundas to him one day, "that I left you much better, and in a +fair way of recovery." "Doctor," said he, "as I believe you would not +choose to tell any thing but the truth, you had better tell him, that +I am dying as fast as my enemies, if I have any, could wish, and as +easily and cheerfully as my best friends could desire." Colonel +Edmonstone soon afterwards came to see him, and take leave of him; and +on his way home he could not forbear writing him a letter, bidding him +once more an eternal adieu, and applying to him, as to a dying man, +the beautiful French verses in which the Abbe Chaulieu, in expectation +of his own death, laments his approaching separation from his friend +the Marquis de la Fare. Mr. Hume's magnanimity and firmness were +such, that his most affectionate friends knew that they hazarded +nothing in talking or writing to him as to a dying man, and that, so +far from being hurt by this frankness, he was rather pleased and +flattered by it. I happened to come into his room while he was +reading this letter, which he had just received, and which he +immediately showed me. I told him, that though I was sensible how +very much he was weakened, and that appearances were in many respects +very bad, yet his cheerfulness was still so great, the spirit of life +seemed still to be so very strong in him, that I could not help +entertaining some faint hopes. He answered, "Your hopes are +groundless. An habitual diarrhoea of more than a year's standing +would be a very bad disease at any age: at my age it is a mortal one. +When I lie down in the evening I feel myself weaker than when I rose +in the morning, and when I rise in the morning weaker than when I lay +down in the evening. I am sensible, besides, that some of my vital +parts are affected, so that I must soon die." "Well," said I, "if it +must be so, you have at least the satisfaction of leaving all your +friends, your brother's family in particular, in great prosperity." +He said that he felt that satisfaction so sensibly, that when he was +reading, a few days before, Lucian's Dialogues of the Dead, among all +the excuses which are alleged to Charon for not entering readily into +his boat, he could not find one that fitted him; he had no house to +finish, he had no daughter to provide for, he had no enemies upon whom +he wished to revenge himself. "I could not well imagine," said he, +"what excuse I could make to Charon in order to obtain a little +delay. I have done every thing of consequence which I ever meant to +do, and I could at no time expect to leave my relations and friends in +a better situation than that in which I am now likely to leave them: I +therefore have all reason to die contented." He then diverted himself +with inventing several jocular excuses, which he supposed he might +make to Charon, and with imagining the very surly answers which it +might suit the character of Charon to return to them. "Upon further +consideration," said he, "I thought I might say to him, 'Good Charon, +I have been correcting my works for a new edition. Allow me a little +time, that I may see how the public receives the alterations.' But +Charon would answer, 'When you have seen the effect of these, you will +be for making other alterations. There will be no end of such +excuses; so, honest friend, please step into the boat.' But I might +still urge, 'Have a little patience, good Charon, I have been +endeavouring to open the eyes of the public. If I live a few years +longer, I may have the satisfaction of seeing the downfall of some of +the prevailing systems of superstition.' But Charon would then lose +all temper and decency--'You loitering rogue, that will not happen +these many hundred years. Do you fancy I will grant you a lease for +so long a term? Get into the boat this instant, you lazy, loitering +rogue.'" + +But though Mr. Hume always talked of his approaching dissolution with +great cheerfulness, he never affected to make any parade of his +magnanimity. He never mentioned the subject, but when the +conversation naturally led to it, and never dwelt longer upon it than +the course of the conversation happened to require. It was a subject, +indeed, which occurred pretty frequently, in consequence of the +inquiries which his friends, who came to see him, naturally made +concerning the state of his health. The conversation which I +mentioned above, and which passed on Thursday the 8th of August, was +the last, except one, that I ever had with him. He had now become so +very weak, that the company of his most intimate friends fatigued him; +for his cheerfulness was still so great, his complaisance and social +disposition were still so entire, that when any friend was with him, +he could not help talking more, and with greater exertion, than suited +the weakness of his body. At his own desire, therefore, I agreed to +leave Edinburgh, where I was staying partly upon his account, and +returned to my mother's house here, at Kirkaldy, upon condition that +he would send for me whenever he wished to see me; the physician who +saw him most frequently, Dr. Black, undertaking in the mean time to +write me occasionally an account of the state of his health. + +On the 22d of August, the doctor wrote me the following letter: + +"Since my last, Mr. Hume has passed his time pretty easily, but is +much weaker. He sits up, goes down stairs once a day, and amuses +himself with reading, but seldom sees any body. He finds, that the +conversation of his most intimate friends fatigues and oppresses him; +and it is happy that he does not need it, for he is quite free from +anxiety, impatience, or low spirits, and passes his time very well +with the assistance of amusing books." + +I received the day after a letter from Mr. Hume himself, of which the +following is an extract: + +"Edinburgh, Aug. 23, 1776 + +"MY DEAREST FRIEND, + +"I am obliged to make use of my nephew's hand in writing to you, as I +do not rise to-day. * * * * * * * * * * * * * * * + +"I go very fast to decline, and last night had a small fever, which I +hoped might put a quicker period to this tedious illness; but, +unluckily, it has in a great measure gone off. I cannot submit to +your coming over here on my account, as it is possible for me to see +you so small a part of the day; but Dr. Black can better inform you +concerning the degree of strength which may from time to time remain +with me. + +"Adieu, &c." + +Three days after, I received the following letter from Dr. Black: + +"Edinburgh, Monday, Aug. 26, 1776. + +"DEAR SIR, + +"Yesterday, about four o'clock, afternoon, Mr. Hume expired. The near +approach of his death became evident in the night between Thursday and +Friday, when his disease became excessive, and soon weakened him so +much, that he could no longer rise out of his bed. He continued to +the last perfectly sensible, and free from much pain or feelings of +distress. He never dropped the smallest expression of impatience; but +when he had occasion to speak to the people about him, always did it +with affection and tenderness. I thought it improper to write to +bring you over, especially as I heard that he had dictated a letter to +you, desiring you not to come. When he became very weak, it cost him +an effort to speak, and he died in such a happy composure of mind that +nothing could exceed it." + +Thus died our most excellent and never to be forgotten friend; +concerning whose philosophical opinions men will no doubt judge +variously, every one approving or condemning them, according as they +happen to coincide or disagree with his own; but concerning whose +character and conduct there can scarce be a difference of opinion. +His temper, indeed, seemed to be more happily balanced, if I may be +allowed such an expression, than that perhaps of any other man I have +ever known. Even in the lowest state of his fortune, his great and +necessary frugality never hindered him from exercising, upon proper +occasions, acts both of charity and generosity. It was a frugality +founded not upon avarice, but upon the love of independency. The +extreme gentleness of his nature never weakened either the firmness of +his mind, or the steadiness of his resolutions. His constant +pleasantry was the genuine effusion of good-nature and good-humour, +tempered with delicacy and modesty, and without even the slightest +tincture of malignity, so frequently the disagreeable source of what +is called wit in other men. It never was the meaning of his raillery +to mortify; and therefore, far from offending, it seldom failed to +please and delight even those who were the objects of it. To his +friends, who were frequently the objects of it, there was not perhaps +one of all his great and amiable qualities which contributed more to +endear his conversation. And that gaiety of temper, so agreeable in +society, but which is so often accompanied with frivolous and +superficial qualities, was in him certainly attended with the most +severe application, the most extensive learning, the greatest depth of +thought, and a capacity in every respect the most comprehensive. Upon +the whole, I have always considered him, both in his lifetime and +since his death, as approaching as nearly to the idea of a perfectly +wise and virtuous man as perhaps the nature of human frailty will +permit. + +I ever am, dear Sir, + +Most affectionately yours, + +ADAM SMITH. + + + + +CONTENTS OF VOLUME I + + + +CHAPTER I. + +The Britons.--Romans.--Saxons.--The Heptarchy.--The Kingdom of Kent-- +of Northumberland--of East Anglia--of Mercia--of Essex--of Sussex--of +Wessex + + +CHAPTER II. + +Egbert.--Ethelwolf.--Ethelbald and Ethelbert.--Ethered.--Alfred the +Great.--Edward the Elder.--Athelstan.--Edmund.-Edred.--Edwy.--Edgar.-- +Edward the Martyr + + +CHAPTER III. + +Ethelred.--Settlement of the Normans.--Edmund Ironside.--Canute.-- +Harold Harefoot.--Hardicanute.--Edward the Confessor.--Harold + + +APPENDIX I. + +THE ANGLO-SAXON GOVERNMENT AND MANNERS. + +First Saxon Government.--Succession of the Kings.--The Wittenagemot.-- +The Aristocracy.--The several Orders of Men.--Courts of Justice.-- +Criminal Law.--Rules of Proof.-Military Force.--Public Revenue.--Value +of Money.--Manners + + +CHAPTER IV. + +WILLIAM THE CONQUEROR + +Consequences of the Battle of Hastings.--Submission of the English.-- +Settlement of the Government.--King's Return to Normandy.--Discontents +of the English.--Their Insurrections.--Rigours of the Norman +Government.--New Insurrections.-New Rigours of the Government.-- +Introduction of the Feudal Law.--Innovation in Ecclesiastical +Government.--Insurrection of the Norman Barons.--Dispute about +Investitures.--Revolt of Prince Robert.--Domesday-Book.--The New +Forest.--War with France.--Death and Character of William the +Conqueror + + +CHAPTER V + +WILLIAM RUFUS + +Accession of William Rufus.--Conspiracy against the King.--Invasion of +Normandy.--The Crusades.--Acquisition of Normandy.--Quarrel with +Anselm, the Primate.--Death and Character of William Rufus + + +CHAPTER VI. + +HENRY I. + +The Crusades.--Accession of Henry.--Marriage of the King.--Invasion by +Duke Robert.--Accommodation with Robert.--Attack of Normandy.-- +Conquest of Normandy.--Continuation of the Quarrel with Anselm, the +Primate.--Compromise with him.--Wars abroad.--Death of Prince +William.--King's second Marriage.--Death and Character of Henry + + +CHAPTER VII. + +STEPHEN + +Accession of Stephen.--War with Scotland.--Insurrection in favour of +Matilda.--Stephen taken Prisoner.--Matilda crowned.--Stephen +released.--Restored to the Crown.--Continuation of the Civil Wars.-- +Compromise between the King and Prince Henry.--Death of the King + + +CHAPTER VIII. + +HENRY II. + +State of Europe--of France.--First Acts of Henry's Government.-- +Disputes between the Civil and Ecclesiastical Powers.-Thomas a Becket, +Archbishop of Canterbury.--Quarrel between the King and Becket.-- +Constitutions of Clarendon.--Banishment of Becket.--Compromise with +him.--His return from Banishment.-His Murder.--Grief and Submission of +the King + + +CHAPTER IX. + +State of Ireland.--Conquest of that Island.--The King's Accommodation +with the Court of Rome.--Revolt of young Henry and his brothers.-- +Wars and Insurrections.--War with Scotland.--Penance of Henry for +Becket's Murder.--William, King of Scotland, defeated and taken +Prisoner.--The King's Accommodation with his Sons.--The King's +equitable Administration.--Crusades.--Revolt of Prince Richard.--Death +and Character of Henry.--Miscellaneous Transactions of his Reign + + +CHAPTER X. + +RICHARD I. + +The King's Preparations for the Crusade.--Sets out on the Crusade.-- +Transactions in Sicily.--King's Arrival in Palestine.--State of +Palestine.--Disorders in England.--The King's Heroic Actions in +Palestine.--His Return from Palestine.--Captivity in Germany.--War +with France.--The King's Delivery.--Return to England.--War with +France.--Death and Character of the King.--Miscellaneous Transactions +of this Reign + + +CHAPTER XI. + +JOHN + +Accession of the King.--His Marriage.--War with France.--Murder of +Arthur, Duke of Britany.--The King expelled the French Provinces.--The +King's Quarrel with the Court of Rome.--Cardinal Langton appointed +Archbishop of Canterbury.--Interdict of the Kingdom.--Excommunication +of the King.-The King's Submission to the Pope.--Discontents of the +Barons.--Insurrection of the Barons.--Magna Carta.--Renewal of the +Civil Wars.--Prince Lewis called over.--Death and Character of the +King + + +APPENDIX II. + +THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. + +Origin of the Feudal Law.--Its Progress.--Feudal Government of +England.--The Feudal Parliament.--The Commons.-Judicial Power.-- +Revenue of the Crown.--Commerce.--The Church.--Civil Laws.--Manners + + +CHAPTER XII. + +HENRY III. + +Settlement of the Government.--General Pacification.--Death of the +Protector.--Some Commotions.--Hubert de Burgh displaced.--The Bishop +of Winchester Minister.--King's Partiality to Foreigners.-- +Grievances.--Ecclesiastical Grievances.--Earl of Cornwall elected King +of the Romans.--Discontent of the Barons--Simon de Mountfort, Earl of +Leicester.--Provisions of Oxford.--Usurpation of the Barons.--Prince +Edward.--Civil Wars of the Barons.--Reference to the King of France.-- +Renewal of the Civil Wars.--Battle of Lewes.--House of Commons.-- +Battle of Evesham and death of Leicester.--Settlement of the +Government.--Death and Character of the King.--Miscellaneous +Transactions of this Reign + + + + + + + + +CHAPTER I. + +THE BRITONS.--ROMANS.--SAXONS.--THE HEPTARCHY.--THE KINGDOM OF KENT-- +OF NORTHUMBERLAND--OF EAST ANGLIA--OF MERCIA--OF ESSEX--OF SUSSEX--OF +WESSEX + + + +[MN The Britons.] +The curiosity, entertained by all civilized nations, of inquiring into +the exploits and adventures of their ancestors, commonly excites a +regret that the history of remote ages should always be so much +involved in obscurity, uncertainty, and contradiction. Ingenious men, +possessed of leisure, are apt to push their researches beyond the +period in which literary monuments are framed or preserved; without +reflecting that the history of past events is immediately lost or +disfigured when intrusted to memory or oral tradition; and that the +adventures of barbarous nations, even if they were recorded, could +afford little or no entertainment to men born in a more cultivated +age. The convulsions of a civilized state usually compose the most +instructive and most interesting part of its history; but the sudden, +violent, and unprepared revolutions incident to barbarians are so much +guided by caprice, and terminate so often in cruelty, that they +disgust us by the uniformity of their appearance; and it is rather +fortunate for letters that they are buried in silence and oblivion. +The only certain means by which nations can indulge their curiosity in +researches concerning their remote origin, is to consider the +language, manners, and customs of their ancestors, and to compare them +with those of the neighbouring nations. The fables which are commonly +employed to supply the place of true history ought entirely to be +disregarded; or if any exception be admitted to this general rule, it +can only be in favour of the ancient Grecian fictions, which are so +celebrated and so agreeable, that they will ever be the objects of the +attention of mankind. Neglecting, therefore, all traditions, or +rather tales, concerning the more early history of Britain, we shall +only consider the state of the inhabitants as it appeared to the +Romans on their invasion of this country: we shall briefly run over +the events which attended the conquest made by that empire, as +belonging more to Roman than British story: we shall hasten through +the obscure and uninteresting period of Saxon annals: and shall +reserve a more full narration for those times when the truth is both +so well ascertained and so complete as to promise entertainment and +instruction to the reader. + +All ancient writers agree in representing the first inhabitants of +Britain as a tribe of the Gauls or Celtae, who peopled that island +from the neighbouring continent. Their language was the same; their +manners, their government, their superstition, varied only by those +small differences which time or communication with the bordering +nations must necessarily introduce. The inhabitants of Gaul, +especially in those parts which lie contiguous to Italy, had acquired, +from a commerce with their southern neighbours, some refinement in the +arts, which gradually diffused themselves northwards, and spread but a +very faint light over this island. The Greek and Roman navigators or +merchants (for there were scarcely any other travellers in those ages) +brought back the most shocking accounts of the ferocity of the people, +which they magnified, as usual, in order to excite the admiration of +their countrymen. The south-east parts, however, of Britain had +already, before the age of Caesar, made the first, and most requisite +step towards a civil settlement; and the Britons, by tillage and +agriculture, had there increased to a great multitude [a]. The other +inhabitants of the island still maintained themselves by pasture: +they were clothed with skins of beasts. They dwelt in huts, which they +reared in the forests and marshes, with which the country was covered: +they shifted easily their habitation, when actuated either by the +hopes of plunder, or the fear of an enemy: the convenience of feeding +their cattle was even a sufficient motive for removing their seats: +and as they were ignorant of all the refinements of life, their wants +and their possessions were equally scanty and limited. +[FN [a] Caesar. lib. 4.] + +The Britons were divided into many small nations or tribes; and being +a military people, whose sole property was their arms and their +cattle, it was impossible, after they had acquired a relish for +liberty, for their princes or chieftains to establish any despotic +authority over them. Their governments, though monarchical [b], were +free, as well as those of all the Celtic nations; and the common +people seem even to have enjoyed more liberty among them [c] than +among the nations of Gaul [d], from which they were descended. Each +state was divided into factions within itself [e]: it was agitated +with jealousy or animosity against the neighbouring states: and while +the arts of peace were yet unknown, wars were the chief occupation, +and formed the chief object of ambition among the people. +[FN [b] Diod. Sic. lib. 4. Mela, lib. 3. cap. 6. Strabo, lib. 4. +[c] Dion. Cassius, lib. 75 [d] Caesar. lib. 6. [e] Tacit. Agr.] + +The religion of the Britons was one of the most considerable parts of +their government; and the Druids, who were their priests, possessed +great authority among them. Besides ministering at the altar, and +directing all religious duties, they presided over the education of +youth; they enjoyed an immunity from wars and taxes; they possessed +both the civil and criminal jurisdiction; they decided all +controversies among states as well as among private persons, and +whoever refused to submit to their decree was exposed to the most +severe penalties. The sentence of excommunication was pronounced +against him: he was forbidden access to the sacrifices or public +worship: he was debarred all intercourse with his fellow-citizens, +even in the common affairs of life: his company was universally +shunned, as profane and dangerous. He was refused the protection of +law [f]; and death itself became an acceptable relief from the misery +and infamy to which he was exposed. Thus, the bands of government, +which were naturally loose among that rude and turbulent people, were +happily corroborated by the terrors of their superstition. +[FN [f] Caesar, lib. 6. Strabo, lib. 4.] + +No species of superstition was ever more terrible than that of the +Druids. Besides the severe penalties, which it was in the power of +the ecclesiastics to inflict in this world, they inculcated the +eternal transmigration of souls; and thereby extended their authority +as far as the fears of their timorous votaries. They practised their +rites in dark groves or other secret recesses [g]; and in order to +throw a greater mystery over their religion, they communicated their +doctrines only to the initiated, and strictly forbad the committing of +them to writing, lest they should at any time be exposed to the +examination of the profane vulgar. Human sacrifices were practised +among them: the spoils of war were often devoted to their divinities; +and they punished with the severest tortures whoever dared to secrete +any part of the consecrated offering; these treasures they kept in +woods and forests, secured by no other guard than the terrors of their +religion [h]; and this steady conquest over human avidity may be +regarded as more signal than their prompting men to the most +extraordinary and most violent efforts. No idolatrous worship ever +attained such an ascendant over mankind as that of the ancient Gauls +and Britons; and the Romans, after their conquest, finding it +impossible to reconcile those nations to the law and institutions of +their masters, while it maintained its authority, were at last obliged +to abolish it by penal statutes; a violence which had never, in any +other instance, been practised by those tolerating conquerors [i]. +[FN [g] Plin. lib. 12. cap. 1. [h] Caesar, lib. 6. [i] Sueton. in +vita Claudii.] + +[MN The Romans.] +The Britons had long remained in this rude but independent state, when +Caesar, having overrun all Gaul by his victories, first cast his eye +on their island. He was not allured either by its riches or its +renown; but being ambitious of carrying the Roman arms into a new +world, then mostly unknown, he took advantage of a short interval in +his Gaulic wars, and made an invasion on Britain. The natives, +informed of his intention, were sensible of the unequal contest, and +endeavoured to appease him by submissions, which, however, retarded +not the execution of his design. After some resistance, he landed, as +is supposed, at Deal; [MN Anno Ante C. 55.] and having obtained +several advantages over the Britons, and obliged them to promise +hostages for their future obedience, he was constrained, by the +necessity of his affairs, and the approach of winter, to withdraw his +forces into Gaul. The Britons, relieved from the terror of his arms, +neglected the performance of their stipulations; and that haughty +conqueror resolved next summer to chastise them for this breach of +treaty. He landed with a greater force; and though he found a more +regular resistance from the Britons, who had united under +Cassivelaunus, one of their petty princes, he discomfited them in +every action. He advanced into the country; passed the Thames in the +face of the enemy; took and burned the capital of Cassivelaunus; +established his ally, Mandubratius, in the sovereignty of the +Trinobantes; and having obliged the inhabitants to make him new +submissions, he again returned with his army into Gaul, and left the +authority of the Romans more nominal than real in this island. + +The civil wars which ensued, and which prepared the way for the +establishment of monarchy in Rome, saved the Britons from that yoke +which was ready to be imposed upon them. Augustus, the successor of +Caesar, content with the victory obtained over the liberties of his +own country, was little ambitious of acquiring fame by foreign wars; +and being apprehensive lest the same unlimited extent of dominion, +which had subverted the republic, might also overwhelm the empire, he +recommended it to his successors never to enlarge the territories of +the Romans. Tiberius, jealous of the fame which might be acquired by +his generals, made this advice of Augustus a pretence for his +inactivity [k]. The mad sallies of Caligula, in which he menaced +Britain with an invasion, served only to expose himself and the empire +to ridicule: and the Britons had now, during almost a century, enjoyed +their liberty unmolested; when the Romans, in the reign of Claudius +began to think seriously of reducing them under their dominion. +Without seeking any more justifiable reasons of hostility than were +employed by the late Europeans in subjugating the Africans and +Americans, [MN A.D. 43.] they sent over an army under the command of +Plautius, an able general, who gained some victories, and made a +considerable progress in subduing the inhabitants. Claudius himself, +finding matters sufficiently prepared for his reception, made a +journey into Britain, and received the submission of several British +states, the Cantii, Atrebates, Regni, and Trinobantes, who inhabited +the south-east part of the island, and whom their possessions and more +cultivated manner of life rendered willing to purchase peace at the +expense of their liberty. The other Britons, under the command of +Caractacus, still maintained an obstinate resistance, and the Romans +made little progress against them, till Ostorius Scapula was sent over +to command their armies. This general advanced the Roman conquests +over the Britons; [MN A.D. 50.] pierced into the country of the +Silures, a warlike nation who inhabited the banks of the Severn; +defeated Caractacus in a great battle; took him prisoner, and sent him +to Rome, where his magnanimous behaviour procured him better treatment +than those conquerors usually bestowed on captive princes [l]. +[FN [k] Tacit. Agr. [l] Tacit. Ann. lib. 12.] + +Notwithstanding these misfortunes, the Britons were not subdued; and +this island was regarded by the ambitious Romans as a field in which +military honour might still be acquired. [MN A.D. 59.] Under the +reign of Nero, Suetonius Paulinus was invested with the command, and +prepared to signalize his name by victories over those barbarians. +Finding that the island of Mona, now Anglesey, was the chief seat of +the Druids, he resolved to attack it, and to subject a place which was +the centre of their superstition, and which afforded protection to all +their baffled forces. The Britons endeavoured to obstruct his landing +on this sacred island, both by the force of their arms and the terrors +of their religion. The women and priests were intermingled with the +soldiers upon the shore; and running about with flaming torches in +their hands, and tossing their dishevelled hair, they struck greater +terror into the astonished Romans by their howlings, cries, and +execrations, than the real danger from the armed forces was able to +inspire. But Suetonius, exhorting his troops to despise the menaces +of a superstition which they despised, impelled them to the attack, +drove the Britons off the field, burned the Druids in the same fires +which those priests had prepared for their captive enemies, destroyed +all the consecrated groves and altars; and, having thus triumphed over +the religion of the Britons, he thought his future progress would be +easy in reducing the people to subjection. But he was disappointed in +his expectations. The Britons, taking advantage of his absence, were +all in arms; and headed by Boadicea, Queen of the Iceni, who had been +treated in the most ignominious manner by the Roman tribunes, had +already attacked with success several settlements of their insulting +conquerors. Suetonius hastened to the protection of London, which was +already a flourishing Roman colony; but he found, on his arrival, that +it would be requisite for the general safety to abandon that place to +the merciless fury of the enemy. London was reduced to ashes; such of +the inhabitants as remained in it were cruelly massacred; the Romans +and all strangers, to the number of 70,000, were every where put to +the sword without distinction; and the Britons, by rendering the war +thus bloody, seemed determined to cut off all hopes of peace or com- +position with the enemy. But this cruelty was revenged by Suetonius +in a great and decisive battle, where 80,000 of the Britons are said +to have .perished; and Boadicea herself; rather than fall into the +hands of the enraged victor, put an end to her own life by poison [m]. +Nero soon after recalled Suetonius from a government, where, by +suffering and inflicting so many severities, he was judged improper +for composing the angry and alarmed minds of the inhabitants. After +some interval, Cerealis received the command from Vespasian, and by +his bravery propagated the terror of the Roman arms. Julius Frontinus +succeeded Cerealis both in authority and in reputation: but the +general who finally established the dominion of the Romans in this +island was Julius Agricola, who governed it in the reigns of +Vespasian, Titus, and Domitian, and distinguished himself in that +scene of action. +[FN [m] Tacit. Ann. lib. 14] + +This great commander formed a regular plan for subduing Britain, and +rendering the acquisition useful to the conquerors. He carried his +victorious arms northwards, defeated the Britons in every encounter, +pierced into the inaccessible forests and mountains of Caledonia, +reduced every state to subjection in the southern part of the island, +and chased before him all the men of fiercer and more intractable +spirits, who deemed war and death itself less intolerable than +servitude under the victors. He even defeated them in a decisive +action, which they fought under Galgacus, their leader; and having +fixed a chain of garrisons between the firths of Clyde and Forth, he +thereby cut off the ruder and more barren parts of the island, and +secured the Roman province from the incursions of the barbarous +inhabitants [n]. +[FN [n] Tacit Agr.] + +During these military enterprises, he neglected not the arts of peace. +He introduced laws and civility among the Britons, taught them to +desire and raise all the conveniences of life, reconciled them to the +Roman language and manners, instructed them in letters and science, +and employed every expedient to render those chains which he had +forged both easy and agreeable to them [o]. The inhabitants, having +experienced how unequal their own force was to resist that of the +Romans, acquiesced in the dominion of their masters, and were +gradually incorporated as a part of that mighty empire. +[FN [o] Ibid.] + +This was the last durable conquest made by the Romans; and Britain, +once subdued, gave no farther inquietude to the victor. Caledonia +alone, defended by its barren mountains, and by the contempt which the +Romans entertained for it, sometimes infested the more cultivated +parts of the island by the incursions of its inhabitants. The better +to secure the frontiers of the empire, Adrian, who visited this +island, built a rampart between the river Tyne and the firth of +Solway: Lollius Urbicus, under Antoninus Pius, erected one in the +place where Agricola had formerly established his garrisons: Severus, +who made an expedition into Britain, and carried his arms to the more +northern extremity of it, added new fortifications to the walls of +Adrian; and, during the reigns of all the Roman emperors, such a +profound tranquillity prevailed in Britain, that little mention is +made of the affairs of that island by any historian. The only +incidents which occur are some seditions or rebellions of the Roman +legions quartered there, and some usurpations of the Imperial dignity +by the Roman governors. The natives, disarmed, dispirited, and +submissive, had lost all desire, and even idea of their former liberty +and independence. + +But the period was now come when that enormous fabric of the Roman +empire, which had diffused slavery and oppression, together with peace +and civility, over so considerable a part of the globe, was +approaching towards it final dissolution. Italy and the centre of the +empire, removed, during so many ages, from all concern in the wars, +had entirely lost the military spirit, and were peopled by an +enervated race, equally disposed to submit to a foreign yoke, or to +the tyranny of their own rulers. The emperors found themselves +obliged to recruit their legions from the frontier provinces, where +the genius of war, though languishing, was not totally extinct; and +these mercenary forces, careless of laws, and civil institutions, +established a military government, no less dangerous to the sovereign +than to the people. The further progress of the same disorders +introduced the bordering barbarians into the service of the Romans; +and those fierce nations, having now added discipline to their native +bravery, could no longer be restrained by the impotent policy of the +emperors, who were accustomed to employ one in the destruction of the +others. Sensible of their own force, and allured by the prospect of +so rich a prize, the northern barbarians, in the reign of Arcadius and +Honorius, assailed at once all the frontiers of the Roman empire; and +having first satiated their avidity by plunder, began to think of +fixing a settlement in the wasted provinces. The more distant +barbarians, who occupied the deserted habitations of the former, +advanced in their acquisitions, and pressed with their incumbent +weight the Roman state, already unequal to the load which it +sustained. Instead of arming the people in their own defence, the +emperors recalled all the distant legions, in whom alone they could +repose confidence; and collected the whole military force for the +defence of the capital and centre of the empire. The necessity of +self-preservation had superseded the ambition of power; and the +ancient point of honour never to contract the limits of the empire +could no longer be attended to in this desperate extremity. + +Britain by its situation was removed from the fury of these barbarous +incursions; and being also a remote province, not much valued by the +Romans, the legions which defended it were carried over to the +protection of Italy and Gaul. But that province, though secured by +the sea against the inroads of the greater tribes of barbarians, found +enemies on its frontiers, who took advantage of its present +defenceless situation. The Picts and Scots, who dwelt in the northern +parts, beyond the wall of Antoninus, made incursions upon their +peaceable and effeminate neighbours; and besides the temporary +depredations which they committed, these combined nations threatened +the whole province with subjection, or what the inhabitants more +dreaded, with plunder and devastation. The Picts seem to have been a +tribe of the native British race, who, having been chased into the +northern parts by the conquest of Agricola, had there intermingled +with the ancient inhabitants: the Scots were derived from the same +Celtic origin, had first been established in Ireland, had migrated to +the north-west coasts of this island, and had long been accustomed, as +well from their old as their new seats, to infest the Roman province +by piracy and rapine [p]. These tribes, finding their more opulent +neighbours exposed to invasion, soon broke over the Roman wall, no +longer defended by the Roman arms; and, though a contemptible enemy in +themselves, met with no resistance from the unwarlike inhabitants. +The Britons, accustomed to have recourse to the emperors for defence +as well as government, made supplications to Rome; and one legion was +sent over for their protection. This force was an overmatch for the +barbarians, repelled their invasion, routed them in every engagement, +and having chased them into their ancient limits, returned in triumph +to the defence of the southern provinces of the empire [q]. Their +retreat brought on a new invasion of the enemy. The Britons made +again an application to Rome, and again obtained the assistance of a +legion, which proved effectual for their relief: but the Romans, +reduced to extremities at home, and fatigued with those distant +expeditions, informed the Britons that they must no longer look to +them for succour, exhorted them to arm in their own defence, and urged +that, as they were now their own masters, it became them to protect by +their valour that independence which their ancient lords had conferred +upon them [r]. That they might leave the island with the better +grace, the Romans assisted them in erecting anew the wall of Severus, +which was built entirely of stone, and which the Britons had not at +that time artificers skilful enough to repair [s]. And having done +this last good office to the inhabitants, they bid a final adieu to +Britain, about the year 448; after being masters of the more +considerable part of it during the course of near four centuries. +[FN [p] See note [A] at the end of the volume. [q] Gildas. Bede, +lib. 1. cap. 12. Paul. Diacon. [r] Bede, lib. 1. cap. 12 [s] Ibid.] + +[MN The Britons.] +The abject Britons. regarded this present of liberty as fatal to +them; and were in no condition to put in practice the prudent counsel +given them by the Romans to arm in their own defence. Unaccustomed +both to the perils of war and to the cares of civil government, they +found themselves incapable of forming or executing any measures for +resisting the incursions of the barbarians. Gratian also and +Constantine, two Romans who had a little before assumed the purple in +Britain, had carried over to the continent the flower of the British +youth; and having perished in their unsuccessful attempts on the +imperial throne, had despoiled the island of those who, in this +desperate extremity, were best able to defend it. The Picts and +Scots, finding that the Romans had finally relinquished Britain, now +regarded the whole as their prey, and attacked the northern wall with +redoubled forces. The Britons already subdued by their own fears, +found the ramparts but a weak defence for them; and deserting their +station, left the country entirely open to the inroads of the +barbarous enemy. The invaders carried devastation and ruin along with +them; and exerted to the utmost their native ferocity, which was not +mitigated by the helpless condition and submissive behaviour of the +inhabitants [t]. The unhappy Britons had a third time recourse to +Rome, which had declared its resolution for ever to abandon them. +Aetius, the patrician, sustained at that time, by his valour and +magnanimity, the tottering ruins of the empire, and revived for a +moment, among the degenerate Romans, the spirit as well as discipline +of their ancestors. The British ambassador carried to him the letter +of their countrymen, which was inscribed, THE GROANS OF THE BRITONS. +The tenor of the epistle was suitable to its superscription. THE +BARBARIANS, say they, ON THE ONE HAND, CHASE US INTO THE SEA; THE SEA, +ON THE OTHER, THROWS US BACK UPON THE BARBARIANS; AND WE HAVE ONLY THE +HARD CHOICE LEFT US, OF PERISHING BY THE SWORD OR BY THE WAVES [u]. +But Aetius, pressed by the arms of Attila, the most terrible enemy +that ever assailed the empire, had no leisure to attend to the +complaints of allies, whom generosity alone could induce him to assist +[v]. The Britons thus rejected were reduced to despair, deserted +their habitations, abandoned tillage, and flying for protection to the +forests and mountains, suffered equally from hunger and from the +enemy. The barbarians themselves began to feel the pressure of famine +in a country which they had ravaged; and being harassed by the +dispersed Britons, who had not dared to resist them in a body, they +retreated with their spoils into their own country [w]. +[FN [t] Gildas. Bede, lib. 1. Ann. Beverl. p. 45. [u] Gildas. +Bede, lib. 1. cap. 13. Malmesbury, lib. 1. cap. 1. Ann. Beverl. p. +45. [v] Chron. Sax. p. 11 edit. 1692. [w] Ann. Beverl. p. 45.] + +The Britons, taking advantage of this interval, returned to their +usual occupations; and the favourable seasons which succeeded seconded +their industry, made them soon forget their past miseries, and +restored to them great plenty of all the necessaries of life. No more +can be imagined to have been possessed by a people so rude, who had +not, without the assistance of the Romans, art of masonry sufficient +to raise a stone rampart for their own defence; yet the Monkish +historians [x], who treat of those events, complain of the luxury of +the Britons during this period, and ascribe to that vice, not to their +cowardice or improvident counsels, all their subsequent calamities. +[FN [x] Gildas. Bede, lib. 1. cap. 14.] + +The Britons, entirely occupied in the enjoyment of the present +interval of peace, made no provision for resisting the enemy, who, +invited by their former timid behaviour, soon threatened them with a +new invasion. We are not exactly informed what species of civil +government the Romans on their departure had left among the Britons; +but it appears probable, that the great men in, the different +districts assumed a kind of regal though precarious authority; and +lived in a great measure independent of each other [y]. To this +disunion of counsels were also added the disputes of theology; and the +disciples of Pelagius, who was himself a native of Britain, having +increased to a great multitude, gave alarm to the clergy, who seem to +have been more intent on suppressing them, than on opposing the public +enemy [z]. Labouring under these domestic evils, and menaced with a +foreign invasion, the Britons attended only to the suggestions of +their present fears; and following the counsels of Vortigern, Prince +of Dumnonium, who, though stained with every vice, possessed the chief +authority among them [a], they sent into Germany a deputation to +invite over the Saxons for their protection and assistance. +[FN [y] Gildas. Usher, Ant. Brit. p. 248, 347. [z] Gildas. Bede, +lib. 1. cap. 17. Constant. in vita Germ. [a] Gildas. Gul. Malm. p +8.] + +[MN The Saxons.] +Of all the barbarous nations, known either in ancient or modern times, +the Germans seem to have been the most distinguished both by their +manners and political institutions, and to have carried to the highest +pitch the virtues of valour and love of liberty; the only virtues +which can have place among an uncivilized people, where justice and +humanity are commonly neglected. Kingly government, even when +established among the Germans, (for it was not universal,) possessed a +very limited authority; and though the sovereign was usually chosen +from among the royal family, he was directed in every measure by the +common consent of the nation over whom he presided. When any +important affairs were transacted, all the warriors met in arms; the +men of greatest authority employed persuasion to engage their consent; +the people expressed their approbation by rattling their armour, or +their dissent by murmurs; there was no necessity for a nice scrutiny +of votes among a multitude, who were usually carried with a strong +current to one side or the other; and the measure thus suddenly chosen +by general agreement, was executed with alacrity and prosecuted with +vigour. Even in war, the princes governed more by example than by +authority; but in peace the civil union was in a great measure +dissolved, and the inferior leaders administered justice after an +independent manner, each in his particular district. These were +elected by the votes of the people in their great councils; and though +regard was paid to nobility in the choice, their personal qualities, +chiefly their valour, procured them, from the suffrages of their +fellow-citizens, that honourable but dangerous distinction. The +warriors of each tribe attached themselves to their leader with the +most devoted affection and most unshaken constancy. They attended him +as his ornament in peace, as his defence in war, as his council in the +administration of justice. Their constant emulation in military +renown dissolved not that inviolable friendship which they professed +to their chieftain and to each other: to die for the honour of their +band was their chief ambition: to survive its disgrace, or the death +of their leader, was infamous. They even carried into the field their +women and children, who adopted all the martial sentiments of the men: +and being thus impelled by every human motive, they were invincible; +where they were not opposed either by the similar manners and +institutions of the neighbouring Germans, or by the superior +discipline, arms, and numbers of the Romans [b]. +[FN [b] Caesar, lib. 6. Tacit. de Mor. Germ.] + +The leaders and their military companions were maintained by the +labour of their slaves, or by that of the weaker and less warlike part +of the community, whom they defended. The contributions which they +levied went not beyond a bare subsistence; and the honours, acquired +by a superior rank, were the only reward of their superior dangers and +fatigues. All the refined arts of life were unknown among the +Germans: tillage itself was almost wholly neglected: they even seem to +have been anxious to prevent any improvements of that nature; and the +leaders, by annually distributing anew all the land among the +inhabitants of each village, kept them from attaching themselves to +particular possessions, or making such progress in agriculture as +might divert their attention from military expeditions, the chief +occupation of the community [c]. +[FN [c] Caesar, lib. 6. Tacit. de Mor. Germ.] + +The Saxons had been for some time regarded as one of the most warlike +tribes of this fierce people, and had become the terror of the +neighbouring nations [d]. They had diffused themselves from the +northern parts of Germany and the Cimbrian Chersonesus, and had taken +possession of all the sea-coast from the mouth of the Rhine to +Jutland; whence they had long infested by their piracies all the +eastern and southern parts of Britain, and the northern of Gaul [e]. +In order to oppose their inroads, the Romans had established an +officer, whom they called COUNT OF THE SAXON SHORE; and as the naval +arts can flourish among a civilized people alone, they seem to have +been more successful in repelling the Saxons, than any of the other +barbarians by whom they were invaded. The dissolution of the Roman +power invited them to renew their inroads; and it was an acceptable +circumstance, that the deputies of the Britons appeared among them, +and prompted them to undertake an enterprise, to which they were of +themselves sufficiently inclined [f]. +[FN d Amm. Marcell. lib. 28. Orosius. [e] Marcell. lib. 27. cap. 7. +lib. 28. cap. 7. [f] Will. Malm. p. 8.] + +Hengist and Horsa, two brothers, possessed great credit among the +Saxons, and were much celebrated both for their valour and nobility. +They were reputed, as most of the Saxon princes, to be sprung from +Woden, who was worshipped as a god among those nations, and they are +said to be his great grandsons [g]; a circumstance which added much to +their authority. We shall not attempt to trace any higher the origin +of those princes and nations. It is evident what fruitless labour it +must be to search, in those barbarous and illiterate ages, for the +annals of a people, when their first leaders, known in any true +history, were believed by them to be the fourth in descent from a +fabulous deity, or from a man exalted by ignorance into that +character. The dark industry of antiquaries, led by imaginary +analogies of names, or by uncertain traditions, would in vain attempt +to pierce into that deep obscurity which covers the remote history of +those nations. +[FN [g] Bede, lib. 1. cap. 15. Saxon Chron. p. 13. Nennius, cap. +28.] + +These two brothers, observing the other provinces of Germany to be +occupied by a warlike and necessitous people, and the rich provinces +of Gaul already conquered or overrun by other German tribes, found it +easy to persuade their countrymen to embrace the sole enterprise which +promised a favourable opportunity of displaying their valour and +gratifying their avidity. They embarked their troops in three +vessels, and about the year 449 or 450 [h], carried over 1600 men, who +landed in the Isle of Thanet, and immediately marched to the defence +of the Britons against the northern invaders. The Scots and Picts +were unable to resist the valour of these auxiliaries; and the +Britons, applauding their own wisdom in calling over the Saxons, hoped +thenceforth to enjoy peace and security under the powerful protection +of that warlike people. +[FN [h] Saxon Chronicle, p. 12. Gul. Malm. p. 11. Huntington, lib. +2. p. 309. Ethelwerd. Brompton, p. 728.] + +But Hengist and Horsa perceiving, from their easy victory over the +Scots and Picts, with what facility they might subdue the Britons +themselves, who had not been able to resist those feeble invaders, +were determined to conquer and fight for their own grandeur, not for +the defence of their degenerate allies. They sent intelligence to +Saxony of the fertility and riches of Britain; and represented as +certain the subjection of a people so long disused to arms, who, being +now cut off from the Roman empire, of which they had been a province +during so many ages, had not yet acquired any union among themselves, +and were destitute of all affection to their new liberties and of all +national attachments and regards [i]. The vices and pusillanimity of +Vortigern, the British leader, were a new ground of hope; and the +Saxons in Germany, following such agreeable prospects, soon reinforced +Hengist and Horsa with 5000 men, who came over in seventeen vessels. +The Britons now began to entertain apprehensions of their allies, +whose numbers they found continually augmenting; but thought of no +remedy, except a passive submission and connivance. This weak +expedient soon failed them. The Saxons sought a quarrel, by +complaining that their subsidies were ill paid, and their provisions +withdrawn [k]; and immediately taking off the mask, they formed an +alliance with the Picts and Scots, and proceeded to open hostility +against the Britons. +[FN [i] Chron. Sax. p. 12. Ann. Beverl. p. 42. [k] Bede, lib. 1. +cap. 15. Nennius, cap. 35. Gildas, Sec. 23.] + +The Britons, impelled by these violent extremities, and roused to +indignation against their treacherous auxiliaries, were necessitated +to take arms; and having deposed Vortigern, who had become odious from +his vices, and from the bad event of his rash counsels, they put +themselves under the command of his son, Vortimer. They fought many +battles with their enemies; and though the victories in these actions +be disputed between the British and Saxon annalists, the progress +still made by the Saxons proves that the advantage was commonly on +their side. In one battle, however, fought at Eaglesford, now +Ailsford, Horsa, the Saxon general, was slain, and left the sole +command over his countrymen in the hands of Hengist. This active +general, continually reinforced by fresh numbers from Germany, carried +devastation into the most remote corners of Britain; and being chiefly +anxious to spread the terror of his arms, he spared neither age, nor +sex, nor condition, wherever he marched with his victorious forces. +The private and public edifices of the Britons were reduced to ashes: +the priests were slaughtered on the altars by those idolatrous +ravagers: the bishops and nobility shared the fate of the vulgar: the +people, flying to the mountains and deserts, were intercepted and +butchered in heaps: some were glad to accept of life and servitude +under their victors: others, deserting their native country, took +shelter in the province of Armorica; where, being charitably received +by a people of the same language and manners, they settled in great +numbers, and gave the country the name of Britany [l]. +[FN [l] Bede, lib. 1. cap. 15. Usher, p.226. Gildas, Sec. 24.] + +The British writers assign one cause which facilitated the entrance of +the Saxons into this island; the love with which Vortigern was at +first seized for Rovena, the daughter of Hengist, and which that +artful warrior made use of to blind the eyes of the imprudent monarch +[m]. The same historians add, that Vortimer died; and that Vortigern, +being restored to the throne, accepted of a banquet from Hengist, at +Stonehenge, where 300 of his nobility were treacherously slaughtered, +and himself detained captive [n]. But these stories seem to have been +invented by the Welsh authors, in order to palliate the weak +resistance made at first by their countrymen, anal to account for the +rapid progress and licentious devastations of the Saxons [o]. +[FN [m] Nennius, Galfr. lib. 6. cap. 12. [n] Nennius, cap. 47. +Galfr. [o] Stillingfleet's Orig. Brit. p. 324, 325.] + +After the death of Vortimer, Ambrosius, a Briton, though of Roman +descent, invested with the command over his countrymen, and +endeavoured, not without success, to unite them in their resistance +against the Saxons. Those contests increased the animosity between the +two nations, and roused the military spirit of the ancient +inhabitants, which had before been sunk into a fatal lethargy. +Hengist, however, notwithstanding their opposition, still maintained +his ground in Britain; and in order to divide the forces and attention +of the natives, he called over a new tribe of Saxons, under the +command of his brother Octa, and of Ebissa, the son of Octa; and he +settled them in Northumberland. He himself remained in the southern +parts of the island, and laid the foundation of the kingdom of Kent, +comprehending the county of that name, Middlesex, Essex, and part of +Surrey. He fixed his royal seat at Canterbury; where he governed +about forty years, and he died in or near the year 488; leaving his +new-acquired dominions to his posterity. + +The success of Hengist excited the avidity of the other northern +Germans; and at different times, and under different leaders, they +flocked over in multitudes to the invasion of this island. These +conquerors were chiefly composed of three tribes, the Saxons, Angles, +and Jutes [p], who all passed under the common appellation, sometimes +of Saxons, sometimes of Angles; and speaking the same language, and +being governed by the same institutions, they were naturally led, from +these causes, as well as from their common interest, to unite +themselves against the ancient inhabitants. The resistance, however, +though unequal, was still maintained by the Britons; but became every +day more feeble; and their calamities admitted of few intervals, till +they were driven into Cornwall and Wales, and received protection from +the remote situation or inaccessible mountains of those countries. +[FN [p] Bede, lib. 1. cap. 15. Ethelwerd, p. 833. edit. Camdeni. +Chron. Sax. p. 12. Ann. Beverl. p. 78. The inhabitants of Kent, and +the Isle of Wight were Jutes. Essex, Middlesex, Surrey, Sussex, and +all the southern counties to Cornwall, were peopled by Saxons: Mercia, +and other parts of the kingdom, were inhabited by Angles.] + +The first Saxon state, after that of Kent, which was established in +Britain, was the kingdom of South Saxony. In the year 477 [q], Aella, +a Saxon chief, brought over an army from Germany; and landing on the +southern coast, proceeded to take possession of the neighbouring +territory. The Britons, now armed, did not tamely abandon their +possessions; nor were they expelled, till defeated in many battles by +their warlike invaders. The most memorable action, mentioned by +historians, is that of Meacredes Burn [r]; where, though the Saxons +seem to have obtained the victory, they suffered so considerable a +loss, as somewhat retarded the progress of their conquests. But +Aella, reinforced by fresh numbers of his countrymen, again took the +field against the Britons, and laid siege to Andred-Ceaster, which was +defended by the garrison and inhabitants with desperate valour [s]. +The Saxons, enraged by this resistance, and by the fatigues and +dangers which they had sustained, redoubled their efforts against the +place, and when masters of it, put all their enemies to the sword +without distinction. This decisive advantage secured the conquests of +Aella, who assumed the name of king, and extended his dominion over +Sussex and a great part of Surrey. He was stopped in his progress to +the east by the kingdom of Kent: in that to the west by another tribe +of Saxons, who had taken possession of that territory. +[FN [q] Chron. Sax. p.14. Ann. Beverl. p. 81. [r] Saxon Chron. A.D. +485. Flor. Wigorn. [s] Hen. Hunting. lib. 2.] + +These Saxons, from the situation of the country in which they settled, +were called the West Saxons, and landed in the year 495, under the +command of Cerdic, and of his son Kenric [t]. The Britons were, by +past experience, so much on their guard, and so well prepared to +receive the enemy, that they gave battle to Cerdic the very day of his +landing; and though vanquished, still defended, for some time, their +liberties against the invaders. None of the other tribes of Saxons +met with such vigorous resistance, or exerted such valour and +perseverance in pushing their conquests. Cerdic was even obliged to +call for the assistance of his countrymen from the kingdoms of Kent +and Sussex, as well as from Germany, and he was thence joined by a +fresh army under the command of Porte, and of his sons Bleda, and +Megla [u]. Strengthened by these succours, he fought in the year 508, +a desperate battle with the Britons, commanded by Nazan-Leod, who was +victorious in the beginning of the action, and routed the wing in +which Cerdic himself commanded; but Kenric, who had prevailed in the +other wing, brought timely assistance to his father, and restored the +battle, which ended in a complete victory gained by the Saxons [w]. +Nazan-Leod perished with 5000 of his army; but left the Britons more +weakened than discouraged by his death. The war still continued, +though the success was commonly on the side of the Saxons, whose short +swords, and close manner of fighting, gave them great advantage over +the missile weapons of the Britons. Cerdic was not wanting to his +good fortune; and in order to extend his conquests, he laid siege to +Mount Badon or Banesdowne, near Bath, whither the most obstinate of +the discomfited Britons had retired. The southern Britons, in this +extremity, applied for assistance to Arthur, Prince of the Silures, +whose heroic valour now sustained the declining fate of his country +[x]. This is that Arthur so much celebrated in the songs of +Thaliessin, and the other British bards, and whose military +achievements have been blended with so many fables, as even to give +occasion for entertaining a doubt of his real existence. But poets, +though they disfigure the most certain history by their fictions, and +use strange liberties with truth where they are the sole historians, +as among the Britons, have commonly some foundation for their wildest +exaggerations. Certain it is, that the siege of Badon was raised by +the Britons in the year 520; and the Saxons were there discomfited in +a great battle [y]. This misfortune stopped the progress of Cerdic; +but was not sufficient to wrest from him the conquests which he had +already made. He and his son Kenric, who succeeded him, established +the kingdom of the West Saxons, or of Wessex, over the counties of +Hants, Dorset, Wilts, Berks, and the Isle of Wight, and left their +new-acquired dominions to their posterity. Cerdic died in 534, Kenric +in 560. +[FN [t] Will. Malm. lib. 1. cap. 1. p.12. Chron. Sax. p. 15. [u] +Chron. Sax. p. 17. [w] H. Hunting. lib. 2. Ethelwerd, lib. 1. Chron. +Sax. p. 17. [x] Hunting. lib. 2. [y] Gildas, Saxon Chron. H. +Hunting. lib. 2] + +While the Saxons made this progress in the south, their countrymen +were not less active in other quarters. In the year 527, a great +tribe of adventurers, under several leaders, landed on the east coast +of Britain; and after fighting many battles, of which history has +preserved no particular account, they established three new kingdoms +in this island. Uffa assumed the title of King of the East Angles in +575; Crida that of Mercia in 585 [z] and Erkenwin that of East Saxony, +or Essex, nearly about the same time, but the year is uncertain. This +latter kingdom was dismembered from that of Kent, and comprehended +Essex, Middlesex, and part of Hertfordshire. That of the East Angles, +the counties of Cambridge, Suffolk, and Norfolk; Mercia was extended +over all the middle counties, from the banks of the Severn to the +frontiers of these two kingdoms. +[FN [z] Math. West. Huntington, lib. 2.] + +The Saxons, soon after the landing of Hengist, had been planted in +Northumberland; but, as they met with an obstinate resistance, and +made but small progress in subduing the inhabitants, their affairs +were in so unsettled a condition, that none of their princes for a +long time assumed the appellation of king. At last, in 547 [a], Ida, +a Saxon prince of great valour [b], who claimed a descent, as did the +other princes of that nation, from Woden, brought over a reinforcement +from Germany, and enabled the Northumbrians to carry on their +conquests over the Britons. He entirely subdued the county now called +Northumberland, the bishopric of Durham, as well as some of the south- +east counties of Scotland; and he assumed the crown under the title of +King of Bernicia. Nearly about the same time, Aella, another Saxon +prince, having conquered Lancashire, and the greater part of +Yorkshire, received the appellation of King of Deiri [c]. These two +kingdoms were united in the person of Ethilfrid, grandson of Ida, who +married Acca, the daughter of Aella; and expelling her brother Edwin, +established one of the most powerful of the Saxon kingdoms, by the +title of Northumberland. How far his dominions extended into the +country now called Scotland, is uncertain; but it cannot be doubted, +that all the lowlands, especially the east coast of that country, were +peopled in a great measure from Germany; though the expeditions made +by the several Saxon adventurers have escaped the records of history. +The language spoken in those countries, which is purely Saxon, is a +stronger proof of this event than can be opposed by the imperfect, or +rather fabulous, annals which are obtruded on us by the Scottish +historians. +[FN [a] Chron. Sax. p 19. [b] Will. Malmes. p. 19. [c] Ann. Beverl. +p. 78.] + +[MN The Heptarcy.] +Thus was established, after a violent contest of near a hundred and +fifty years, the Heptarchy, or seven Saxon kingdoms in Britain; and +the whole southern part of the island, except Wales and Cornwall, had +totally changed its inhabitants, language, customs, and political +institutions. The Britons, under the Roman dominion, had made such +advances towards arts and civil manners, that they had built twenty- +eight considerable cities within their province, besides a great +number of villages and country seats [d]. But the fierce conquerors, +by whom they were now subdued, threw every thing back into ancient +barbarity, and those few natives who were not either massacred or +expelled their habitations, were reduced to the most abject slavery. +None of the other northern conquerors, the Franks, Goths, Vandals, or +Burgundians, though they overran the southern provinces of the empire +like a mighty torrent, made such devastations in the conquered +territories, or were inflamed into so violent an animosity against the +ancient inhabitants. As the Saxons came over at intervals in separate +bodies, the Britons, however at first unwarlike, were tempted to make +resistance; and hostilities being thereby prolonged, proved more +destructive to both parties, especially to the vanquished. The first +invaders from Germany, instead of excluding other adventurers who +must share with them the spoils of the ancient inhabitants, were +obliged to solicit fresh supplies from their own country; and a total +extermination of the Britons became the sole expedient for providing a +settlement and subsistence to the new planters. Hence there have been +found in history few conquests more ruinous than that of the Saxons; +and few revolutions more violent than that which they introduced. +[FN [d] Gildas. Bede. lib. 1.] + +So long as the contest was maintained with the natives, the several +Saxon princes preserved a union of counsels and interests; but after +the Britons were shut up in the barren counties of Cornwall and Wales, +and gave no farther disturbance to the conquerors, the band of +alliance was in a great measure dissolved among the princes of the +Heptarchy. Though one prince seems still to have been allowed, or to +have assumed, an ascendant over the whole, his authority, if it ought +ever to be deemed regular or legal, was extremely limited; and each +state acted as if it had been independent, and wholly separate from +the rest. Wars therefore, and revolutions and dissensions, were +unavoidable among a turbulent and military people; and these events, +however intricate or confused, ought now to become the objects of our +attention. But, added to the difficulty of carrying on at once the +history of seven independent kingdoms, there is great discouragement +to a writer, arising from the uncertainty, at least barrenness, of the +accounts transmitted to us. The monks, who were the only annalists +during those ages, lived remote from public affairs, considered the +civil transactions as entirely subordinate to the ecclesiastical, and, +besides partaking of the ignorance and barbarity which were then +universal, were strongly infected with credulity, with the love of +wonder, and with a propensity to imposture; vices almost inseparable +from their profession and manner of life. The history of that period +abounds in names, but is extremely barren of events; or the events are +related so much without circumstances and causes, that the most +profound or most eloquent writer must despair of rendering them either +instructive or entertaining to the reader. Even the great learning +and vigorous imagination of Milton sunk under the weight; and this +author scruples not to declare, that the skirmishes of kites or crows +as much merited a particular narrative, as the confused transactions +and battles of the Saxon Heptarchy [e]. In order, however, to connect +the events in some tolerable measure, we shall give a succinct account +of the succession of kings, and of the more remarkable revolutions in +each particular kingdom; beginning with that of Kent, which was the +first established. +[FN [e] Milton in Kennet, p. 50.] + +[MN The Kingdom of Kent.] +Escus succeeded his father Hengist in the kingdom of Kent; but seems +not to have possessed the military genius of that conqueror, who first +made way for the entrance of the Saxon arms into Britain. All the +Saxons who sought either the fame of valour, or new establishments by +arms, flocked to the standard of Aella, King of Sussex, who was +carrying on successful war against the Britons, and laying the +foundations of a new kingdom. Escus was content to possess in +tranquillity the kingdom of Kent, which he left in 512 to his son +Octa, in whose time the East Saxons established their monarchy, and +dismembered the provinces of Essex and Middlesex from that of Kent. +His death, after a reign of twenty-two years, made room for his son +Hermenric in 534, who performed nothing memorable during a reign of +thirty-two years, except associating with him his son Ethelbert in the +government, that he might secure the succession in his family, and +prevent such revolutions as are incident to a turbulent and barbarous +monarchy. + +Ethelbert revived the reputation of his family, which had languished +for some generations. The inactivity of his predecessors, and the +situation of his country, secured from all hostility with the Britons, +seem to have much enfeebled the warlike genius of the Kentish Saxons; +and Ethelbert, in his first attempt to aggrandize his country, and +distinguish his own name, was unsuccessful [f]. He was twice +discomfited in battle by Ceaulin, King of Wessex; and obliged to yield +the superiority in the Heptarchy to that ambitious monarch, who +preserved no moderation in his victory, and by reducing the kingdom of +Sussex to subjection, excited jealousy in all the other princes. An +association was formed against him; and Ethelbert, intrusted with the +command of the allies gave him battle, and obtained a decisive +victory [g ]. Ceaulin died soon after; and Ethelbert succeeded as +well to his ascendant among the Saxon states, as to his other +ambitious projects. He reduced all the princes, except the King of +Northumberland, to a strict dependence upon him; and even established +himself by force on the throne of Mercia, the most extensive of the +Saxon kingdoms. Apprehensive, however, of a dangerous league against +him, like that by which he himself had been enabled to overthrow +Ceaulin, he had the prudence to resign the kingdom of Mercia to Webba, +the rightful heir, the son of Crida, who had first founded that +monarchy. But governed still by ambition more than by justice, he +gave Webba possession of the crown on such conditions as rendered him +little better than a tributary prince under his artful benefactor. +[FN [f] Chron. Sax. p. 21. [g] H. Hunting. lib. 2.] + +But the most memorable event which distinguished the reign of this +great prince, was the introduction of the Christian religion among the +English Saxons. The superstition of the Germans, particularly that of +the Saxons, was of the grossest and most barbarous kind; and being +founded on traditional tales received from their ancestors, not +reduced to any system, nor supported by political institutions, like +that of the Druids, it seems to have made little impression on its +votaries, and to have easily resigned its place to the new doctrine +promulgated to them. Woden, whom they deemed the ancestor of all +their princes, was regarded as the god of war, and, by a natural +consequence, became their supreme deity, and the chief object of their +religious worship. They believed that, if they obtained the favour of +this divinity by their valour, (for they made less account of the +other virtues,) they should be admitted after their death into his +hall; and, reposing on couches, should satiate themselves with ale +from the skulls of their enemies whom they had slain in battle. +Incited by this idea of paradise, which gratified at once the passion +of revenge and that of intemperance, the ruling inclinations of +barbarians, they despised the dangers of war, and increased their +native ferocity against the vanquished by their religious prejudices. +We know little of the other theological tenets of the Saxons: we only +learn that they were polytheists; that they worshipped the sun and +moon; that they adored the god of thunder under the name of Thor; that +they had images in their temples; that they practised sacrifices; +believed firmly in spells and enchantments; and admitted in general a +system of doctrines which they held as sacred, but which, like all +other superstitions, must carry the air of the wildest extravagance, +if propounded to those who are not familiarized to it from their +earliest infancy. + +The constant hostilities which the Saxons maintained against the +Britons, would naturally indispose them for receiving the Christian +faith, when preached to them by such inveterate enemies; and perhaps +the Britons, as is objected to them by Gildas and Bede, were not over +fond of communicating to their cruel invaders the doctrine of eternal +life and salvation. But as a civilized people, however subdued by +arms, still maintain a sensible superiority over barbarous and +ignorant nations, all the other northern conquerors of Europe had been +already induced to embrace the Christian faith, which they found +established in the empire; and it was impossible but the Saxons, +informed of this event, must have regarded with some degree of +veneration a doctrine which had acquired the ascendant over all their +brethren. However limited in their views, they could not but have +perceived a degree of cultivation in the southern countries beyond +what they themselves possessed; and it was natural for them to yield +to that superior knowledge as well as zeal, by which the inhabitants +of the Christian kingdoms were even at that time distinguished. + +But these causes might long have failed of producing any considerable +effect, had not a favourable incident prepared the means of +introducing Christianity into Kent. Ethelbert, in his father's +lifetime, had married Bertha, the only daughter of Caribert, King of +Paris [h], one of the descendants of Clovis, the conqueror of Gaul; +but before he was admitted to this alliance, he was obliged to +stipulate, that the princess should enjoy the free exercise of her +religion; a concession not difficult to be obtained from the +idolatrous Saxons [i]. Bertha brought over a French bishop to the +court of Canterbury; and being zealous for the propagation of her +religion, she had been very assiduous in her devotional exercises, had +supported the credit of her faith by an irreproachable conduct, and +had employed every art of insinuation and address to reconcile her +husband to her religious principles. Her popularity in the court, and +her influence over Ethelbert, had so well paved the way for the +reception of the Christian doctrine, that Gregory, surnamed the Great, +then Roman pontiff, began to entertain hopes of effecting a project, +which he himself, before he mounted the papal throne, had once +embraced, of converting the British Saxons. +[FN [h] Greg. of Tours, lib. 9. cap. 26. H. Hunting. lib. 2. [i] +Bede, lib. 1. cap. 25. Brompton, p. 729.] + +It happened that this prelate, at that time in a private station, had +observed in the market-place of Rome some Saxon youth exposed to sale, +whom the Roman merchants, in their trading voyages to Britain, had +bought of their mercenary parents. Struck with the beauty of their +fair complexions and blooming countenances, Gregory asked to what +country they belonged; and being told they were ANGLES, he replied +that they ought more properly to be denominated ANGELS: it were a pity +that the prince of darkness should enjoy so fair a prey, and that so +beautiful a frontispiece should cover a mind destitute of internal +grace and righteousness. Inquiring farther concerning the name of +their province, he was informed that it was Deiri, a district of +Northumberland: DEIRI, replied he, THAT IS GOOD! THEY ARE CALLED TO +THE MERCY OF GOD FROM HIS ANGER, De ira. BUT WHAT IS THE NAME OF THE +KING OF THAT PROVINCE? He was told it was Aella or Alla: ALLELUIAH, +cried he: WE MUST ENDEAVOUR THAT THE PRAISES OF GOD BE SUNG IN THAT +COUNTRY. Moved by these allusions, which appeared to him so happy, he +determined to undertake himself a mission into Britain; and having +obtained the pope's approbation, he prepared for that perilous +journey: but his popularity at home was so great, that the Romans, +unwilling to expose him to such dangers, opposed his design; and he +was obliged, for the present, to lay aside all farther thoughts of +executing that pious purpose [k]. +[FN [k] Bede, lib. 2. cap. 1. Spell. Conc. p. 91.] + +The controversy between the Pagans and the Christians was not entirely +cooled in that age; and no pontiff before Gregory, had ever carried to +greater excess an intemperate zeal against the former religion. He +had waged war with all the precious monuments of the ancients, and +even with their writings, which, as appears from the strain of his own +wit, as well as from the style of his compositions, he had not taste +or genius sufficient to comprehend. Ambitious to distinguish his +pontificate by the conversion of the British Saxons, he pitched on +Augustine, a Roman monk, and sent him with forty associates to preach +the gospel in this island. These missionaries, terrified with the +dangers which might attend their proposing a new doctrine to so fierce +a people, of whose language they were ignorant, stopped some time in +France, and sent back Augustine to lay the hazards and difficulties +before the pope, and crave his permission to desist from the +undertaking. But Gregory exhorted them to persevere in their purpose, +advised them to choose some interpreters from among the Franks, who +still spoke the same language with the Saxons [l]; and recommended +them to the good offices of Queen Brunehaut, who had at this time +usurped the sovereign power in France. This princess, though stained +with every vice of treachery and cruelty, either possessed or +pretended great zeal for the cause; and Gregory acknowledged that to +her friendly assistance was, in a great measure, owing the success of +that undertaking [m]. +[FN [1] Bede, lib. 1. cap. 23. [m] Greg. Epist. lib. 9. epist. 56. +Spell. Conc. p. 82] + +Augustine, on his arrival in Kent, in the year 597 [n] found the +danger much less than he had apprehended. Ethelbert, already well +disposed towards the Christian faith, assigned him a habitation in the +Isle of Thanet, and soon after admitted him to a conference. +Apprehensive, however, lest spells or enchantments might be employed +against him by priests, who brought an unknown worship from a distant +country, he had the precaution to receive them in the open air, where +he believed the force of their magic would be more easily dissipated +[o]. Here Augustine, by means of his interpreters, delivered to him +the tenets of the Christian faith, and promised him eternal joys +above, and a kingdom in heaven, without end, if he would be persuaded +to receive that salutary doctrine [p]. "Your words and promises," +replied Ethelbert, "are fair; but because they are new and uncertain, +I cannot entirely yield to them, and relinquish the principles which I +and my ancestors have so long maintained. You are welcome, however, +to remain here in peace; and as you have undertaken so long a journey, +solely, as it appears, for what you believe to be for our advantage, I +will supply you with all necessaries, and permit you to deliver your +doctrine to my subjects [q]" +[FN [n] Higden. Polychron. lib. 5. Chron. Sax. p. 23. [o] Bede, lib. +I. cap. 2 Hunting. lib. 3. Brompton, p. 729 Parker Antiq. Brit. +Eccl. p. 61. [p] Bede, lib. 1. cap 25. Chron. W. Thorn. p. 1759. [q] +Bede, lib. 1. cap 25. H. Hunting. lib. 3. Brompton, p. 729] + +Augustine, encouraged by this favourable reception, and seeing now a +prospect of success, proceeded with redoubled zeal to preach the +gospel to the Kentish Saxons. He attracted their attention by the +austerity of his manners, by the severe penances to which he subjected +himself, by the abstinence and self-denial which he practised: and +having excited their wonder by a course of life which appeared so +contrary to nature, he procured more easily their belief of miracles, +which, it was pretended, he wrought for their conversion [r]. +Influenced by these motives, and by the declared favour of the court, +numbers of the Kentish men were baptized; and the king himself was +persuaded to submit to that rite of Christianity. His example had +great influence with his subjects; but he employed no force to bring +them over to the new doctrine. Augustine thought proper, in the +commencement of his mission, to assume the appearance of the greatest +lenity. He told Ethelbert that the service of Christ must be entirely +voluntary, and that no violence ought ever to be used in propagating +so salutary a doctrine [s]. +[FN [r] Bede, lib. 1. cap 26. [s] Ibid. lib. 1. cap 26. H. Hunting. +lib. 3.] + +The intelligence received of these spiritual conquests afforded great +joy to the Romans; who now exulted as much in those peaceful trophies, +as their ancestors had ever done in their most sanguinary triumphs, +and most splendid victories. Gregory wrote a letter to Ethelbert, in +which, after informing him that the end of the world was approaching, +he exhorted him to display his zeal in the conversion of his subjects, +to exert rigour against the worship of idols, and to build up the good +work of holiness by every expedient of exhortation, terror, +blandishment, or correction [t]: a doctrine more suitable to that age, +and to the usual papal maxims, than the tolerating principles which +Augustine had thought it prudent to inculcate. The pontiff also +answered some questions which the missionary had put concerning the +government of the new church of Kent. Besides other queries which it +is not material here to relate, Augustine asked, WHETHER COUSIN- +GERMANS MIGHT BE ALLOWED TO MARRY? Gregory answered, that that liberty +had indeed been formerly granted by the Roman law; but that experience +had shown, that no issue could ever come from such marriages; and he +therefore prohibited them. Augustine, WHETHER A WOMAN PREGNANT MIGHT +BE BAPTIZED? Gregory answered that he saw no objection. HOW SOON +AFTER THE BIRTH THE CHILD MIGHT RECEIVE BAPTISM? It was answered, +Immediately, if necessary. HOW SOON A HUSBAND MIGHT HAVE COMMERCE +WITH HIS WIFE AFTER HER DELIVERY? Not till she had given suck to her +child: a practice to which Gregory exhorts all women. HOW SOON A MAN +MIGHT ENTER THE CHURCH, OR RECEIVE THE SACRAMENT, AFTER HAVING HAD +COMMERCE WITH HIS WIFE? It was replied, that unless he had approached +her without desire, merely for the sake of propagating his species, he +was not without sin: but in all cases it was requisite for him, before +he entered the church, or communicated, to purge himself by prayer and +ablution; and he ought not, even after using these precautions, to +participate immediately of the sacred duties [u]. There are some +other questions and replies still more indecent and more ridiculous +[w]. And on the whole, it appears that Gregory and his missionary, if +sympathy of manners have any influence, were better calculated than +men of more refined understanding for making a progress with the +ignorant and barbarous Saxons. +[FN [t] Bede, lib. 1. cap. 32. Brompton, p. 732. Spell. Conc. p. 86. +[u] Bede, lib. 1. cap. 27. Spell. Conc. p. 97, 98, 99, &c. [w] +Augustine asks, Si mulier menstrua consuetudine tenetur, an ecclesiam +intrare ei licet, aut sacrae communionis sacramenta percipere? +Gregory answers, Sanctae communionis mysterium in eisdem diebus +percipere non debit prohiberi. Si autem ex veneratione magna +precipere non praesumitur, laudanda est. Augustine asks, Si post +illusionem, quae per somnum solet accidere, vel corpus Domine quilibet +accipere valeat; vel, si sacerdos sit, sacra mysteria celebrare. +Gregory answers this learned question by many learned distinctions.] + +The more to facilitate the reception of Christianity Gregory enjoined +Augustine to remove the idols from the heathen altars, but not to +destroy the altars themselves; because the people, he said, would be +allured to frequent the Christian worship, when they found it +celebrated in a place which they were accustomed to revere. And as +the Pagans practised sacrifices, and feasted with the priests on their +offerings, he also exhorted the missionary to persuade them, on +Christian festivals, to kill their cattle in the neighbourhood of the +church, and to indulge themselves in those cheerful entertainments, to +which they had been habituated [x]. These political compliances show, +that notwithstanding his ignorance and prejudices, he was not +unacquainted with the arts of governing mankind. Augustine was +consecrated archbishop of Canterbury, was endowed by Gregory with +authority over all the British churches, and received the pall, a +badge of ecclesiastical honour, from Rome [y]. Gregory also advised +him not to be too much elated with his gift of working miracles [z]; +and as Augustine, proud of the success of his mission, seemed to think +himself entitled to extend his authority over the bishops of Gaul, the +pope informed him, that they lay entirely without the bounds of his +jurisdiction [a]. +[FN [x] Bede, lib. 1. cap. 30. Spell. Conc. p.89. Greg. Epist. lib. +9. Epist. 71. [y] Chron. Sax. p. 23, 24. [z] H. Hunting. lib. 3. +Spell. Conc. p. 83. Bede, lib. 1. Greg. Epist. lib. 9. Epist. 60. +[a] Bede, lib. 1. cap. 27.] + +The marriage of Ethelbert with Bertha, and much more his embracing +Christianity, begat a connexion of his subjects with the French, +Italians, and other nations on the continent, and tended to reclaim +them from that gross ignorance and barbarity in which all the Saxon +tribes had been hitherto involved [b]. Ethelbert also enacted [c], +with the consent of the states of his kingdom, a body of laws, the +first written laws promulgated by any of the northern conquerors; and +his reign was in every respect glorious to himself, and beneficial to +his people. He governed the kingdom of Kent fifty years, and dying in +616, left the succession to his son, Eadbald. This prince, seduced by +a passion for his mother-in-law, deserted for some time the Christian +faith, which permitted not these incestuous marriages: his whole +people immediately returned with him to idolatry. Laurentius, the +successor of Augustine, found the Christian worship wholly abandoned, +and was prepared to return to France, in order to escape the +mortification of preaching the gospel without fruit to the infidels. +Melitus and Justus, who had been consecrated Bishops of London and +Rochester, had already departed the kingdom [d], when, Laurentius, +before he should entirely abandon his dignity, made one effort to +reclaim the king. He appeared before that prince, and, throwing off +his vestments, showed his body all torn with bruises and stripes, +which he had received. Eadbald, wondering that any man should have +dared to treat in that manner a person of his rank, was told by +Laurentius, that he had received this chastisement from St. Peter, the +prince of the Apostles, who had appeared to him in a vision, and, +severely reproving him for his intention to desert his charge, had +inflicted on him these visible marks of his displeasure [e]. Whether +Eadbald was struck with the miracle, or influenced by some other +motive, he divorced himself from his mother-in-law, and returned to +the profession of Christianity [f]: his whole people returned with +him. Eadbald reached not the fame or authority of his father, and +died in 640, after a reign of twenty-five years, leaving two sons, +Erminfred and Ercombert. +[FN [b] Will. Malm. p.10. [c] Wilkins Leges Sax. p. 13. [d] Bede, +lib. 2. cap. 5. [e] Ibid. lib. 2. cap. 6. Chron. Sax. p. 26. +Higden, lib. 5. [f] Brompton, p. 739.] + +Ercombert, though the younger son, by Emma, a French princess, found +means to mount the throne. He is celebrated by Bede for two exploits; +for establishing the fast of Lent in his kingdom, and for utterly +extirpating idolatry, which, notwithstanding the prevalence of +Christianity, had hitherto been tolerated by the two preceding +monarchs. He reigned twenty-four years, and left the crown to Egbert, +his son, who reigned nine years. This prince is renowned for his +encouragement of learning, but infamous for putting to death his two +cousin germans, sons of Erminfred, his uncle. The ecclesiastical +writers praise him for bestowing on his sister, Domnona, some lands in +the Isle of Thanet, where she founded a monastery. + +The bloody precaution of Egbert could not fix the crown on the head of +his son, Edric. Lothaire, brother of the deceased prince, took +possession of the kingdom, and, in order to secure the power in his +family, he associated with him Richard, his son, in the administration +of the government. Edric, the dispossessed prince, had recourse to +Edilwach, King of Sussex, for assistance, and being supported by that +prince, fought a battle with his uncle, who was defeated and slain. +Richard fled into Germany, and afterwards died in Lucca, a city of +Tuscany. William of Malmesbury ascribes Lothaire's bad fortune to two +crimes; his concurrence in the murder of his cousins, and his contempt +for relics [g]. +[FN [g] Will. Malm. p. 11.] + +Lothaire reigned eleven years; Edric, his successor, only two. Upon +the death of the latter, which happened in 686, Widred, his brother, +obtained possession of the crown. But as the succession had been of +late so much disjointed by revolutions and usurpations, faction began +to prevail among the nobility, which invited Ceodwalla, King of +Wessex, with his brother, Mollo, to attack the kingdom. These +invaders committed great devastations in Kent; but the death of Mollo, +who was slain in a skirmish [h], gave a short breathing-time to that +kingdom. Widred restored the affairs of Kent, and, after a reign of +thirty-two years [i], left the crown to his posterity. Eadbert, +Ethelbert, and Alric, his descendants, successively mounted the +throne. After the death of the last, which happened in 794, the royal +family of Kent was extinguished, and every factious leader who could +entertain hopes of ascending the throne, threw the state into +confusion [k]. Egbert, who first succeeded, reigned but two years; +Cuthred, brother to the King of Mercia, six years; Baldred, an +illegitimate branch of the royal family, eighteen; and, after a +troublesome and precarious reign, he was, in the year 827, expelled by +Egbert, King of Wessex, who dissolved the Saxon Heptarchy, and united +the several kingdoms under his dominion. +[FN [h] Higden, lib. 5. [i] Chron. Sax. p. 52 [k] Will. Malmes. lib. +1. cap. 1. p. 11.] + +[MN The kingdom of Northumberland.] +Adelfrid, King of Bernicia, having married Acca, the daughter of +Aella, King of Deiri, and expelled her infant brother, Edwin, had +united all the countries north of Humber into one monarchy, and +acquired a great ascendant in the Heptarchy. He also spread the +terror of the Saxon arms to the neighbouring people, and by his +victories over the Scots and Picts, as well as Welsh, extended on all +sides the bounds of his dominions. Having laid siege to Chester, the +Britons marched out with all their forces to engage him, and they were +attended by a body of 1250 monks from the monastery of Bangor, who +stood at a small distance from the field of battle, in order to +encourage the combatants by their presence and exhortations. +Adelfrid, inquiring the purpose of this unusual appearance, was told, +that these priests had come to pray against him: THEN ARE THEY AS MUCH +OUR ENEMIES, said he, AS THOSE WHO INTEND TO FIGHT AGAINST US [l]: and +he immediately sent a detachment, who fell upon them, and did such +execution, that only fifty escaped with their lives [m]. The Britons, +astonished at this event, received a total defeat; Chester was obliged +to surrender; and Adelfrid, pursuing his victory, made himself master +of Bangor, and entirely demolished the monastery, a building so +extensive that there was a mile's distance from one gate of it to +another, and it contained two thousand one hundred monks, who are said +to have been there maintained by their own labour [n]. +[FN [l] Brompton, p. 779. [m] Trivet, apud Spell. Conc. p. 111. [n] +Bede, lib. 2. cap. 2. W. Malmes. lib. 1. cap. 3.] + +Notwithstanding Adelfrid's success in war, he lived in inquietude on +account of young Edwin, whom he had unjustly dispossessed of the crown +of Deiri. This prince, now grown to man's estate, wandered from place +to place in continual danger from the attempts of Adelfrid, and +received at last protection in the court of Redwald, King of the East +Angles, where his engaging and gallant deportment procured him general +esteem and affection. Redwald, however, was strongly solicited by the +King of Northumberland to kill or deliver up his guest; rich presents +were promised him if he would comply, and war denounced against him in +case of his refusal. After rejecting several messages of this kind, +his generosity began to yield to the motives of interest; and he +retained the last ambassador till he should come to a resolution in a +case of such importance. Edwin, informed of his friend's perplexity, +was yet determined at all hazards to remain in East Anglia, and +thought that if the protection of that court failed him, it were +better to die, than prolong a life so much exposed to the persecutions +of his powerful rival. This confidence in Redwald's honour and +friendship, with his other accomplishments, engaged the queen on his +side, and she effectually represented to her husband the infamy of +delivering up to certain destruction their royal guest, who had fled +to them for protection against his cruel and jealous enemies [o]. +Redwald, embracing more generous resolutions, thought it safest to +prevent Adelfrid, before that prince was aware of his intention, and +to attack him while he was yet unprepared for defence. He marched +suddenly with an army into the kingdom of Northumberland, and fought a +battle with Adelfrid, in which that monarch was defeated and killed, +after avenging himself by the death of Regner, son of Redwald [p]: his +own sons, Eanfrid, Oswald, and Oswy, yet infants, were carried into +Scotland, and Edwin obtained possession of the crown of +Northumberland. +[FN [o] W.. Malmes. lib. 1. cap. 3. H. Hunting. lib. 3 Bede [p] +Bede, lib. 2. cap. 12. Brompton, p. 781.] + +Edwin was the greatest prince of the Heptarchy in that age, and +distinguished himself, both by his influence over the other kingdoms +[q], and by the strict execution of justice in his own dominions. He +reclaimed his subjects from the licentious life to which they had been +accustomed; and it was a common saying, that during his reign a woman +or child might openly carry every where a purse of gold, without any +danger of violence or robbery. There is a remarkable instance, +transmitted to us, of the affection borne him by his servants. +Cuichelme, King of Wessex, was his enemy, but finding himself unable +to maintain open war against so gallant and powerful a prince, he +determined to use treachery against him, and he employed one Eumer for +that criminal purpose. The assassin, having obtained admittance by +pretending to deliver a message from Cuichelme, drew his dagger and +rushed upon the king. Lilla, an officer of his army, seeing his +master's danger, and having no other means of defence, interposed with +his own body between the king and Eumer's dagger, which was pushed +with such violence, that after piercing Lilla, it even wounded Edwin; +but before the assassin could renew his blow, he was despatched by +the king's attendants. +[FN [q] Chron. Sax. p. 27.] + +The East Angles conspired against Redwald, their king, and having put +him to death, they offered their crown to Edwin, of whose valour and +capacity they had had experience, while he resided among them. But +Edwin, from a sense of gratitude towards his benefactor, obliged them +to submit to Earpwold, the son of Redwald; and that prince preserved +his authority, though on a precarious footing, under the protection of +the Northumbrian monarch [r]. +[FN [r] Gul. Malmes. lib. 1. cap. 3.] + +Edwin, after his accession to the crown, married Ethelburga, the +daughter of Ethelbert, King of Kent. This princess, emulating the +glory of her mother, Bertha, who had been the instrument for +converting her husband and his people to Christianity, carried +Paullinus, a learned bishop, along with her [s]; and besides +stipulating a toleration for the exercise of her own religion, which +was readily granted her, she used every reason to persuade the king to +embrace it. Edwin, like a prudent prince, hesitated on the proposal, +but promised to examine the foundations of that doctrine, and declared +that, if he found them satisfactory, he was willing to be converted +[t]. Accordingly, he held several conferences with Paullinus; +canvassed the arguments propounded with the wisest of his counsellors; +retired frequently from company, in order to revolve alone that +important question; and after a serious and long inquiry, declared in +favour of the Christian religion [u]: the people soon after imitated +his example. Besides the authority and influence of the king, they +were moved by another striking example. Coifi, the high priest, being +converted after a public conference with Paullinus, led the way in +destroying the images which he had so long worshipped, and was forward +in making this atonement for his past idolatry [w]. +[FN [s] H. Hunting. lib. 3. [t] Bede, lib. 2. cap. 9. [u] Ibid. W. +Malmes. lib 1. cap. 3. [w] Bede, lib. 2. cap. 13. Brompton, Higden, +lib. 5.] + +This able prince perished with his son, Osfrid, in a great battle +which he fought against Penda, King of Mercia, and Caedwalla, King of +the Britons [x]. That event, which happened in the forty-eighth year +of Edwin's age, and seventeenth of his reign [y], divided the monarchy +of Northumberland, which that prince had united in his person. +Eanfrid, the son of Adelfrid, returned with his brothers, Oswald and +Oswy, from Scotland, and took possession of Bernicia, his paternal +kingdom: Osric, Edwin's cousin-german, established himself at Deiri, +the inheritance of his family, but to which the sons of Edwin had a +preferable title. Eanfrid, the elder surviving son, fled to Penda, by +whom he was treacherously slain. The younger son, Vuscfraea, with +Yffi, the grandson of Edwin, by Osfrid, sought protection in Kent, and +not finding themselves in safety there, retired into France to King +Dagobert, where they died [z]. +[FN [x] Matth. West. p. 114 Chron. Sax. p. 29. [y] W. Malmes. lib 1. +cap. 3. [z] Bede, lib. 2. cap. 20.] + +Osric, King of Deiri, and Eanfrid, of Bernicia, returned to paganism, +and the whole people seem to have returned with them; since Paullinus, +who was the first Archbishop of York, and who had converted them, +thought proper to retire with Ethelburga, the queen dowager, into +Kent. Both these Northumbrian kings perished soon after, the first in +battle against Caedwalla, the Briton; the second by the treachery of +that prince. Oswald, the brother of Eanfrid, of the race of Bernicia, +united again the kingdom of Northumberland in the year 634, and +restored the Christian religion in his dominions. He gained a bloody +and well-disputed battle against Caedwalla; the last vigorous effort +which the Britons made against the Saxons. Oswald is much celebrated +for his sanctity and charity by the monkish historians, and they +pretend that his relics wrought miracles, particularly the curing of a +sick horse, which had approached the place of his interment [a]. +[FN [a] Ibid. lib. 3. cap. 9.] + +He died in battle against Penda, King of Mercia, and was succeeded by +his brother Oswy, who established himself in the government of the +whole Northumbrian kingdom, by putting to death Oswin, the son of +Osric, the last king of the race of Deiri. His son Egfrid succeeded +him; who perishing in battle against the Picts, without leaving any +children, because Adelthrid, his wife, refused to violate her vow of +chastity, Alfred, his natural brother, acquired possession of the +kingdom, which he governed for nineteen years, and he left it to +Osred, his son, a boy of eight years of age. This prince, after a +reign of eleven years, was murdered by Kenred, his kinsman, who, after +enjoying the crown only a year, perished by a like fate. Osric, and +after him Celwulph, the son of Kenred, next mounted the throne, which +the latter relinquished in the year 735, in favour of Eadbert, his +cousin-german, who, imitating his predecessor, abdicated the crown, +and retired into a monastery. Oswolf, son of Eadbert, was slain in a +sedition, a year after his accession to the crown; and Mollo, who was +not of the royal family, seized the crown. He perished by the +treachery of Ailred, a prince of the blood; and Ailred, having +succeeded in his design upon the throne, was soon after expelled by +his subjects. Ethelred, his successor, the son of Mollo, underwent a +like fate. Celwold, the next king, the brother of Ailred, was deposed +and slain by the people, and his place was filled by Osred, his +nephew, who, after a short reign of a year, made way for Ethelbert, +another son of Mollo, whose death was equally tragical with that of +almost all his predecessors. After Ethelbert's death an universal +anarchy prevailed in Northumberland, and the people having, by so many +fatal revolutions, lost all attachment to their government and +princes, were well prepared for subjection to a foreign yoke, which +Egbert, King of Wessex, finally imposed upon them. + +[MN The kingdom of East Anglia.] +The history of this kingdom contains nothing memorable except the +conversion of Earpwold, the fourth king, and great-grandson of Uffa, +the founder of the monarchy. The authority of Edwin, King of +Northumberland, on whom that prince entirely depended, engaged him to +take this step; but soon after, his wife, who was an idolatress, +brought him back to her religion, and he was found unable to resist +those allurements which had seduced the wisest of mankind. After his +death, which was violent, like that of most of the Saxon princes that +did not early retire into monasteries, Sigebert, his successor and +half brother, who had been educated in France, restored Christianity, +and introduced learning among the East Angles. Some pretend that he +founded the university of Cambridge, or rather some schools in that +place. It is almost impossible, and quite needless, to be more +particular in relating the transactions of the East Angles. What +instruction or entertainment can it give the reader, to hear a long +bead-roll of barbarous names, Egric, Annas, Ethelbert, Ethelwald, +Aldulf; Elfwald, Beorne, Ethelred, Ethelbert, who successively +murdered, expelled, or inherited from each other, and obscurely filled +the throne of that kingdom? Ethelbert, the last of these princes, was +treacherously murdered by Offa, King of Mercia, in the year 792, and +his state was thenceforth united with that of Offa, as we shall relate +presently. + +[MN The kingdom of Mercia.] +Mercia, the largest if not the most powerful kingdom of the Heptarchy, +comprehended all the middle counties of England, and as its frontiers +extended to those of all the other six kingdoms, as well as to Wales, +it received its name from that circumstance. Wibba, the son of Crida, +founder of the monarchy, being placed on the throne, by Ethelbert, +King of Kent, governed his paternal dominions by a precarious +authority, and after his death, Ceorl, his kinsman, was, by the +influence of the Kentish monarch, preferred to his son Penda, whose +turbulent character appeared dangerous to that prince. Penda was thus +fifty years of age before he mounted the throne, and his temerity and +restless disposition were found nowise abated by time, experience, or +reflection. He engaged in continual hostilities against all the +neighbouring states, and by his injustice and violence rendered +himself equally odious to his own subjects and to strangers. +Sigebert, Egric, and Annas, three kings of East Anglia, perished +successively in battle against him, as did also Edwin and Oswald, the +two greatest princes that had reigned over Northumberland. At last +Oswy, brother to Oswald, having defeated and slain him in a decisive +battle, freed the world from this sanguinary tyrant. Peada, his son, +mounted the throne of Mercia in 655, and lived under the protection of +Oswy, whose daughter he had espoused. This princess was educated in +the Christian faith, and she employed her influence with success, in +converting her husband and his subjects to that religion. Thus the +fair sex have had the merit of introducing the Christian doctrine into +all the most considerable kingdoms of the Saxon Heptarchy. Peada +died a violent death [b]. His son, Wolfhere, succeeded to the +government, and, after having reduced to dependence the kingdoms of +Essex and East Anglia, he, left the crown to his brother Ethelred, +who, though a lover of peace, showed himself not unfit for military +enterprises. Besides making a successful expedition into Kent, he +repulsed Egfrid, King of Northumberland, who had invaded his +dominions; and he slew in battle Elfwin, the brother of that prince. +Desirous, however, of composing all animosities with Egfrid, he paid +him a sum of money as a compensation for the loss of his brother. +After a prosperous reign of thirty years, he resigned the crown to +Kendred, son of Wolfhere, and retired into the monastery of Bardney +[c]. Kendred returned the present of the crown to Ceolred, the son of +Ethelred, and making a pilgrimage to Rome, passed his life there in +penance and devotion. The place of Ceolred was supplied by Ethelbald, +great-grand-nephew to Penda, by Alwy, his brother; and this prince, +being slain in a mutiny, was succeeded by Offa, who was a degree more +remote from Penda, by Eawa, another brother. +[FN [b] Hugo Candidus, p. 4, says, that he was treacherously murdered +by his queen, by whose persuasion he had embraced Christianity; but +this account of the matter is found in that historian alone. [c] +Bede, lib. 5.] + +This prince, who mounted the throne in 775 [d], had some great +qualities, and was successful in his warlike enterprises against +Lothaire, King of Kent, and Kenwulph, King of Wessex. He defeated the +former in a bloody battle at Otford upon the Darent, and reduced his +kingdom to a state of dependence: he gained a victory over the latter +at Bensington in Oxfordshire; and conquering that county, together +with that of Gloucester, annexed both to his dominions. But all these +successes were stained by his treacherous murder of Ethelbert, King of +the East Angles, and his violent seizing of that kingdom. This young +prince, who is said to have possessed great merit, had paid his +addresses to Elfrida, the daughter of Offa, and was invited with all +his retinue to Hereford, in order to solemnize the nuptials. Amidst +the joy and festivity of these entertainments, he was seized by Offa, +and secretly beheaded; and though Elfrida, who abhorred her father's +treachery, had time to give warning to the East Anglian nobility, who +escaped into their own country, Offa, having extinguished the royal +family, succeeded in his design of subduing that kingdom [e]. The +perfidious prince, desirous of re-establishing his character in the +world, and perhaps of appeasing the remorses of his own conscience, +paid great court to the clergy, and practised all the monkish devotion +so much esteemed in that ignorant and superstitious age. He gave the +tenth of his goods to the church [f]; bestowed rich donations on the +cathedral of Hereford, and even made a pilgrimage to Rome, where his +great power and riches could not fail of procuring him the papal +absolution. The better to ingratiate himself with the sovereign +pontiff, he engaged to pay him a yearly donation for the support of an +English college at Rome [g]; and, in order to raise the sum, he +imposed the tax of a penny on each house possessed of thirty pence a +year. This imposition being afterwards levied on all England, was +commonly denominated Peter's Pence [h]: and though conferred at first +as a gift, was afterwards claimed as a tribute by the Roman pontiff. +Carrying his hypocrisy still farther, Offa, feigning to be directed by +a vision from heaven, discovered at Verulam the relics of St. Alban, +the martyr, and endowed a magnificent monastery in that place [i]. +Moved by all these acts of piety, Malmesbury, one of the best of the +old English historians, declares himself at a loss to determine [k] +whether the merits or crimes of this prince preponderated. Offa died +after a reign of thirty-nine years, in 794 [l]. +[FN [d] Chron. Sax. p. 59. [e] Brompton, p. 750, 751, 752. [f] Spell. +Conc. p. 308. Brompton, p. 776. [g] Spell. Conc. p. 230, 310, 312. +[h] Higden, lib. 5. [i] Ingulph. p. 5. W. Malmes. lib. 1. cap. 4. +[k] Lib. 1. cap. 4.] + +This prince was become so considerable in the Heptarchy, that the +Emperor Charlemagne entered into an alliance and friendship with him; +a circumstance which did honour to Offa, as distant princes at that +time had usually little communication with each other. That emperor +being a great lover of learning and learned men, in an age very barren +of that ornament, Offa, at his desire, sent him over Alcuin, a +clergyman, much celebrated for his knowledge, who received great +honours from Charlemagne, and even became his preceptor in the +sciences. The chief reason why he had at first desired the company of +Alcuin, was, that he might oppose his learning to the heresy of Felix, +Bishop of Urgel, in Catalonia, who maintained that Jesus Christ, +considered in his human nature, could more properly be denominated the +adoptive, than the natural son of God [m]. This heresy was condemned +in the council of Francfort, held in 794, and consisting of 300 +bishops. Such were the questions which were agitated in that age, and +which employed the attention not only of cloistered scholars, but of +the wisest and greatest princes [n]. +[FN [l] Chron. Sax. p. 65 [m] Dupin, cent. 8. chap. 4. [n] Offa, in +order to protect his country from Wales; drew a rampart or ditch of a +hundred miles in length, from Basinwerke in Flintshire, to the south- +sea near Bristol. See SPEED'S DESCRIPTION OF WALES.] + +Egfrith succeeded to his father Offa, but survived him only five +months [o], when he made way for Kenulph, a descendant of the royal +family. This prince waged war against Kent, and taking Egbert the +king prisoner, he cut off his hands, and put out his eyes, leaving +Cuthred, his own brother, in possession of the crown of that kingdom. +Kenulph was killed in an insurrection of the East Anglians, whose +crown his predecessor, Offa, had usurped. He left his son, Kenelm, a +minor, who was murdered the same year by his sister, Quendrade, who +had entertained the ambitious views of assuming the government [p]. +But she was supplanted by her uncle Ceolulf; who, two years after, was +dethroned by Beornulf. The reign of this usurper, who was not of the +royal family, was short and unfortunate: he was defeated by the West +Saxons, and killed by his own subjects, the East Angles [q]. Ludican, +his successor, underwent the same fate [r]; and Wiglaff, who mounted +this unstable throne, and found every thing in the utmost confusion, +could not withstand the fortune of Egbert, who united all the Saxon +kingdoms into one great monarchy. +[FN [o] Ingulph. p. 6. [p] Ibid. p. 7. Brompton, p. 776 [q] +Ingulph. p. 7. [r] Ann. Beverl. p. 87.] + +[MN The kingdom of Essex.] +This kingdom made no great figure in the Heptarchy, and the history of +it is very imperfect. Sleda succeeded to his father, Erkinwin, the +founder of' the monarchy, and made way for his son, Sebert, who, being +nephew to Ethelbert, King of Kent, was persuaded by that prince to +embrace the Christian faith [s]. His sons and conjunct successors, +Sexted and Seward, relapsed into idolatry, and were soon after slain +in a battle against the West Saxons. To show the rude manner of +living in that age, Bede tells us [t], that these two kings expressed +great desire to eat the white bread, distributed by Mellitus, the +bishop, at the [u] communion. But on his refusing them, unless they +would submit to be baptized, they expelled him their dominions. The +names of the other princes who reigned successively in Essex, are +Sigebert the Little, Sigebert the Good who restored Christianity, +Swithelm, Sigheri, Offa. This last prince, having made a vow of +chastity, notwithstanding his marriage with Keneswitha, a Mercian +princess, daughter to Penda, went in pilgrimage to Rome, and shut +himself up during the rest of his life in a cloister. Selred, his +successor, reigned thirty-eight years, and was the last of the royal +line; the failure of which threw the kingdom into great confusion, and +reduced it to dependence under Mercia [w]. Switherd first acquired +the crown, by the concession of the Mercian princes, and his death +made way for Sigeric, who ended his life in a pilgrimage to Rome. His +successor, Sigered, unable to defend his kingdom, submitted to the +victorious arms of Egbert. +[FN [s] Chron. Sax. p. 24. [t] Lib. 2. cap. 5. [u] H. Hunting. lib. +3. Brompton, p. 738, 743. Bede. [w] Malmes lib. 1. cap. 6.] + +[MN The kingdom of Sussex.] +The history of this kingdom, the smallest in the Heptarchy, is still +more imperfect than that of Essex. Aella, the founder of the +monarchy, left the crown to his son Cissa, who is chiefly remarkable +for his long reign of seventy-six years. During his time, the South +Saxons fell almost into a total dependence on the kingdom of Wessex, +and we scarcely know the names of the princes who were possessed of +this titular sovereignty. Adelwalch, the last of them, was subdued in +battle by Ceodwalla, King of Wessex, and was slain in the action, +leaving two infant sons, who, falling into the hand of the conqueror, +were murdered by him. The Abbot of Retford opposed the order for this +execution, but could only prevail on Ceodwalla to suspend it till they +should be baptized. Bercthun and Audhun, two noblemen of character, +resisted some time the violence of the West Saxons, but their +opposition served only to prolong the miseries of their country, and +the subduing of this kingdom was the first step which the West Saxons +made towards acquiring the sole monarchy of England [x]. +[FN [x] Brompton, p. 800.] + +[MN The Kingdom of Wessex.] +The kingdom of Wessex, which finally swallowed up all the other Saxon +states, met with great resistance on its first establishment: and the +Britons, who were now inured to arms, yielded not tamely their +possessions to those invaders. Cerdic, the founder of the monarchy, +and his son, Kenric, fought many successful, and some unsuccessful, +battles against the natives; and the martial spirit, common to all the +Saxons, was, by means of these hostilities, carried to the greatest +height, among this tribe. Ceaulin, who was the son and successor of +Kenric, and who began his reign in 560, was still more ambitious and +enterprising than his predecessors, and by waging continual war +against the Britons, he added a great part of the counties of Devon +and Somerset to his other dominions. Carried along by the tide of +success, he invaded the other Saxon states in his neighbourhood, and +becoming terrible to all, he provoked a general confederacy against +him. This alliance proved successful under the conduct of Ethelbert, +King of Kent; and Ceaulin, who had lost the affections of his own +subjects by his violent disposition, and had now fallen into contempt +from his misfortunes, was expelled the throne [y], and died in exile +and misery. Cuichelme and Cuthwin, his sons, governed jointly the +kingdom, till the expulsion of the latter in 591, and the death of the +former in 593, made way for Cealric, to whom succeeded Ceobald in 593, +by whose death, which happened in 611, Kynegils inherited the crown. +This prince embraced Christianity [z], through the persuasion of +Oswald, King of Northumberland, who had married his daughter, and who +had attained a great ascendant in the Heptarchy. Kenwalch next +succeeded to the monarchy, and dying in 672, left the succession so +much disputed, that Sexburga, his widow, a woman of spirit [a], kept +possession of the government till her death, which happened two years +after. Escwin then peaceably acquired the crown, and after a short +reign of two years made way for Kentwin, who governed nine years. +Ceodwalla, his successor, mounted not the throne without opposition, +but proved a great prince according to the ideas of those times; that +is, he was enterprising, warlike, and successful. He entirely subdued +the kingdom of Sussex, and annexed it to his own dominions. He made +inroads into Kent, but met with resistance from Widred, the king, who +proved successful against Mollo, brother to Ceodwalla, and slew him in +a skirmish. Ceodwalla, at last, tired with wars and bloodshed, was +seized with a fit of devotion; bestowed several endowments on the +church; and made a pilgrimage to Rome, where he received baptism, and +died in 689. Ina, his successor, inherited the military virtues of +Ceodwalla, and added to them the more valuable ones of justice, +policy, and prudence. He made war upon the Britons in Somerset, and +having finally subdued that province, he treated the vanquished with a +humanity hitherto unknown to the Saxon conquerors. He allowed the +proprietors to retain possession of their lands, encouraged marriages +and alliances between them and his ancient subjects, and gave them the +privilege of being governed by the same laws. These laws he augmented +and ascertained, and though he was disturbed by some insurrections at +home, his long reign of thirty-seven years may be regarded as one of +the most glorious and most prosperous of the Heptarchy. In the +decline of his age he made a pilgrimage to Rome, and after his return, +shut himself up in a cloister, where he died. +[FN [y] Chron. Sax. p. 22. [z] Higden, lib. 5. Chron. Sax. p. 15. +Ann. Beverl. p. 93. [a] Bede, lib 4 cap 12. Chron. Sax. p. 41.] + +Though the kings of Wessex had always been princes of the blood, +descended from Cerdic, the founder of the monarchy, the order of +succession had been far from exact, and a more remote prince had often +found means to mount the throne in preference to one descended from a +nearer branch of the royal family. Ina, therefore, having no children +of his own, and lying much under the influence of Ethelburga, his +queen, left by will the succession to Adelard, her brother, who was +his remote kinsman; but this destination did not take place without +some difficulty. Oswald, a prince more nearly allied to the crown, +took arms against Adelard; but he being suppressed, and dying soon +after, the title of Adelard was not any farther disputed, and, in the +year 741, he was succeeded by his cousin, Cudred. The reign of this +prince was distinguished by a great victory, which he obtained by +means of Edelhun, his general, over Ethelbald, King of Mercia. His +death made way for Sigebert, his kinsman, who governed so ill, that +his people rose in an insurrection and dethroned him, crowning Cenulph +in his stead. The exiled prince found a refuge with Duke Cumbran, +governor of Hampshire, who, that he might add new obligations to +Sigebert, gave him many salutary counsels for his future conduct, +accompanied with some reprehensions for the past. But these were so +much resented by the ungrateful prince, that he conspired against the +life of his protector, and treacherously murdered him. After this +infamous action, he was forsaken by all the world, and skulking about +in the wilds and forests, was at last discovered by a servant of +Cumbran's, who instantly took revenge upon him for the murder of his +master [b]. +[FN [b] Higden, lib. 5. W. Malmes. lib. 1. cap. 2.] + +Cenulph, who had obtained the crown on the expulsion of Sigebert, was +fortunate in many expeditions against the Britons of Cornwall, but +afterwards lost some reputation by his ill success against Offa, King +of Mercia [c]. Kynehard also, brother to the deposed Sigebert, gave +him disturbance, and though expelled the kingdom, he hovered on the +frontiers, and watched an opportunity for attacking his rival. The +king had an intrigue with a young woman who lived at Merton in Surrey, +whither having secretly retired, he was on a sudden environed, in the +night time, by Kynehard and his followers, and, after making a +vigorous resistance, was murdered with all his attendants. The +nobility and people of the neighbourhood, rising next day in arms, +took revenge on Kynehard for the slaughter of their king, and put +every one to the sword who had been engaged in that criminal +enterprise. This event happened in 784. +[FN [c] W. Malmes. lib. 1. cap 3.] + +Brithric next obtained possession of the government, though remotely +descended from the royal family, but he enjoyed not that dignity +without inquietude. Eoppa, nephew to King Ina, by his brother Ingild, +who died before that prince, had begot Eta, father to Alchmond, from +whom sprung Egbert [d], a young man of the most promising hopes, who +gave great jealousy to Brithric, the reigning prince, both because he +seemed by his birth better entitled to the crown, and because he had +acquired, to an eminent degree, the affections of the people. Egbert, +sensible of his danger from the suspicions of Brithric, secretly +withdrew into France [e], where he was well received by Charlemagne. +By living in the court, and serving in the armies of that prince, the +most able and most generous that had appeared in Europe during several +ages, he acquired those accomplishments which afterwards enabled him +to make such a shining figure on the throne; and familiarizing himself +to the manners of the French, who, as Malmesbury observes [f], were +eminent both for valour and civility above all the western nations, he +learned to polish the rudeness and barbarity of the Saxon character: +his early misfortunes thus proved of singular advantage to him. +[FN [d] Chron. Sax. p. 16. [e] H. Hunting. lib. 4. [f] Lib. 2 cap. +11.] + +It was not long ere Egbert had opportunities of displaying his natural +and acquired talents. Brithric, King of Wessex, had married Eadburga, +natural daughter of Offa, King of Mercia, a profligate woman, equally +infamous for cruelty and for incontinence. Having great influence +over her husband, she often instigated him to destroy such of the +nobility as were obnoxious to her; and where this expedient failed, +she scrupled not being herself active in traitorous attempts against +them. She had mixed a cup of poison for a young nobleman who had +acquired her husband's friendship, and had on that account become the +object of her jealousy; but, unfortunately, the king drank of the +fatal cup along with his favourite, and soon after expired [g]. This +tragical incident, joined to her other crimes, rendered Eadburga so +odious, that she was obliged to fly into France, whence Egbert was at +the same time recalled by the nobility, in order to ascent the throne +of his ancestors [h]. He attained that dignity in the last year of +the eighth century. +[FN [g] Higden, lib. 5. M. West. p. 152. Asser. in vita Alfredi, p. +3. ex edit. Camdeni. [h] Chron. Sax. A. D. 800. Brompton, p. 801.] + +In the kingdoms of the Heptarchy, an exact rule of succession was +either unknown or not strictly observed, and thence the reigning +prince was continually agitated with jealousy against all the princes +of the blood, whom he still considered as rivals, and whose death +alone could give him entire security in his possession of the throne. +From this fatal cause, together with the admiration of the monastic +life, and the opinion of merit attending the preservation of chastity +even in a married state, the royal families had been entirely +extinguished in all the kingdoms except that of Wessex, and the +emulations, suspicions, and conspiracies, which had formerly been +confined to the princes of the blood alone, were now diffused among +all the nobility in the several Saxon states. Egbert was the sole +descendant of those first conquerors who subdued Britain, and who +enhanced their authority by claiming a pedigree from Woden, the +supreme divinity of their ancestors. But that prince, though invited +by this favourable circumstance to make attempts on the neighbouring +Saxons, gave them for some time no disturbance, and rather chose to +turn his arms against the Britons in Cornwall, whom he defeated in +several [i] battles. He was recalled from the conquest of that +country by an invasion made upon his dominions by Bernulf, King of +Mercia. +[FN [i] Chron. Sax. p. 69.] + +The Mercians, before the accession of Egbert, had very nearly attained +the absolute sovereignty in the Heptarchy; they had reduced the East +Angles under subjection, and established tributary princes in the +kingdoms of Kent and Essex. Northumberland was involved in anarchy; +and no state of any consequence remained but that of Wessex, which, +much inferior in extent to Mercia, was supported solely by the great +qualities of its sovereign. Egbert led his army against the invaders, +and encountering them at Ellandun, in Wiltshire, obtained a complete +victory, and by the great slaughter which he made of them in their +flight, gave a mortal blow to the power of the Mercians. Whilst he +himself, in prosecution of his victory, entered their country on the +side of Oxfordshire, and threatened the heart of their dominions, he +sent an army into Kent, commanded by Ethelwolf, his eldest son [k], +and expelling Baldred, the tributary king, soon made himself master of +that country. The kingdom of Essex was conquered with equal facility, +and the East Angles, from their hatred to the Mercian government, +which had been established over them by treachery and violence, and +probably exercised with tyranny, immediately rose in arms, and craved +the protection of Egbert [l]. Bernulf, the Mercian king, who marched +against them, was defeated and slain; and two years after, Ludican, +his successor, met with the same fate. These insurrections and +calamities facilitated the enterprises of Egbert, who advanced into +the centre of the Mercian territories, and made easy conquests over a +dispirited and divided people. In order to engage them more easily to +submission, he allowed Wiglef, their countryman, to retain the title +of king, while he himself exercised the real powers of sovereignty +[m]. The anarchy which prevailed in Northumberland, tempted him to +carry still farther his victorious arms; and the inhabitants, unable +to resist his power, and desirous of possessing some established form +of government, were forward, on his first appearance, to send +deputies, who submitted to his authority, and swore allegiance to him +as their sovereign. Egbert, however, still allowed to Northumberland, +as he had done to Mercia and East Anglia, the power of electing a +king, who paid him tribute, and was dependent on him. +[FN [k] Ethelward, lib. 3. cap. 2. [1] Ethelward, lib. 3. cap. 3. +[m] Ingulph. p. 7, 8, 10] + +Thus were united all the kingdoms of the Heptarchy in one great state, +near four hundred years after the first arrival of the Saxons in +Britain, and the fortunate arms and prudent policy of Egbert at last +effected what had been so often attempted in vain by so many princes +[n]. Kent, Northumberland, and Mercia, which had successively aspired +to general dominion, were now incorporated in his empire, and the +other subordinate kingdoms seemed willingly to share the same fate. +His territories were nearly of the same extent with what is now +properly called England; and a favourable prospect was afforded to the +Anglo-Saxons, of establishing a civilized monarchy, possessed of +tranquillity within itself, and secure against foreign invasion. This +great event happened in the year 827 [o]. +[FN [n] Chron. Sax. p. 71. [o] Ibid.] + +The Saxons, though they had been so long settled in the island, seem +not as yet to have been much improved beyond their German ancestors, +either in arts, civility, knowledge, humanity, justice, or obedience +to the laws. Even Christianity, though it opened the way to +connexions between them and the more polished states of Europe, had +not hitherto been very effectual in banishing their ignorance, or +softening their barbarous manners. As they received that doctrine +through the corrupted channels of Rome, it carried along with it a +great mixture of credulity and superstition, equally destructive to +the understanding and to morals. The reverence towards saints and +relics seems to have almost supplanted the adoration of the Supreme +Being. Monastic observances were esteemed more meritorious than the +active virtues; the knowledge of natural causes were neglected from +the universal belief of miraculous interpositions and judgments; +bounty to the church atoned for every violence against society; and +the remorses for cruelty, murder, treachery, assassination, and the +more robust vices, were appeased, not by amendment of life, but by +penances, servility to the monks, and an abject and illiberal devotion +[p]. The reverence for the clergy had been carried to such a height, +that, wherever a person appeared in a sacerdotal habit, though on the +high way, the people flocked around him, and, showing him all marks of +profound respect, received every word he uttered as the most sacred +oracle [q]. Even the military virtues, so inherent in all the Saxon +tribes, began to be neglected; and the nobility, preferring the +security and sloth of the cloister to the tumults and glory of war, +valued themselves chiefly on endowing monasteries, of which they +assumed the government [r]. The several kings, too, being extremely +impoverished by continual benefactions to the church to which the +states of their kingdoms had weakly assented, could bestow no rewards +on valour or military services, and retained not even sufficient +influence to support their government [s]. +[FN [p] These abuses were common to all the European churches, but the +priests in Italy, Spain, and Gaul made some atonement for them, by +other advantages which they rendered society. For several ages, they +were almost all Romans, or, in other words, the ancient natives, and +they preserved the Roman language and laws, with some remains of the +former civility. But the priests in the Heptarchy, after the first +missionaries, were wholly Saxons, and almost as ignorant and barbarous +as the laity. They contributed, therefore, little to the improvement +of society in knowledge or the arts. [q] Bede, lib 3. cap. 26. [r] +Ibid. lib. 5. cap. 23. Epistola Bedae ad Egbert. [s] Bedae Epist. ad +Egbert.] + +Another inconvenience which attended this corrupt species of +Christianity, was the superstitious attachment to Rome, and the +gradual subjection of the kingdom to a foreign jurisdiction. The +Britons, having never acknowledged any subordination to the Roman +pontiff, had conducted all ecclesiastical government by their domestic +synods and councils [t]; but the Saxons, receiving their religion from +Roman monks, were taught at the same time a profound reverence for +that see, and were naturally led to regard it as the capital of their +religion. Pilgrimages to Rome were represented as the most +meritorious acts of devotion. Not only noblemen and ladies of rank +undertook this tedious journey [u], but kings themselves, abdicating +their crowns, sought for a secure passport to heaven at the feet of +the Roman pontiff; new relics, perpetually sent from that endless mint +of superstition, and magnified by lying miracles, invented in +convents, operated on the astonished minds of the multitude; and every +prince has attained the eulogies of the monks, the only historians of +those ages, not in proportion to his civil and military virtues, but +to his devoted attachment towards their order, and his superstitious +reverence for Rome. +[FN [t] Append. to Bede, numb. 10. ex edit, 1722. Spellm. Conc. p. +108, 109. [u] Bede, lib. 5. c. 7.] + +The sovereign pontiff, encouraged by this blindness and submissive +disposition of the people, advanced every day in his encroachments on +the independence of the English churches. Wilfrid, Bishop of +Lindisferne, the sole prelate of the Northumbrian kingdom, increased +this subjection in the eighth century, by his making an appeal to Rome +against the decisions of an English synod, which had abridged his +diocese by the erection of some new bishoprics [w]. Agatho, the pope, +readily embraced this precedent of an appeal to his court; and +Wilfrid, though the haughtiest and most luxurious prelate of his age +[x], having obtained with the people the character of sanctity, was +thus able to lay the foundation of this papal pretension. +[FN [w] See Appendix to Bede, numb. 19. Higden, lib. 5. [x] Eddius, +vita Vilfr. sec. 24, 60] + +The great topic by which Wilfrid confounded the imaginations of men +was, that St. Peter, to whose custody the keys of heaven were +intrusted, would certainly refuse admittance to every one who should +be wanting in respect to his successor. This conceit, well suited to +vulgar conceptions, made great impression on the people during several +ages, and has not even at present lost all influence in the catholic +countries. + +Had this abject superstition produced general peace and tranquillity, +it had made some atonement for the ill attending it; but besides the +usual avidity of men for power and riches, frivolous controversies in +theology were engendered by it, which were so much the more fatal, as +they admitted not, like the others, of any final determination from +established possession. The disputes excited in Britain were of the +most ridiculous kind, and entirely worthy of those ignorant and +barbarous ages. There were some intricacies, observed by all the +Christian churches, in adjusting the day of keeping Easter, which +depended on a complicated consideration of the course of the sun and +moon: and it happened that the missionaries, who had converted the +Scots and Britons, had followed a different calendar from that which +was observed at Rome in the age when Augustine converted the Saxons. +The priests also of all the Christian churches were accustomed to +shave part of their head; but the form given to this tonsure was +different in the former from what was practised in the latter. The +Scots and Britons pleaded the antiquity of THEIR usages; the Romans, +and their disciples, the Saxons, insisted on the universality of +THEIRS. That Easter must necessarily be kept by a rule, which +comprehended both the day of the year and age of the moon, was agreed +by all; that the tonsure of a priest could not be omitted without the +utmost impiety, was a point undisputed; but the Romans and Saxons +called their antagonists schismatics, because they celebrated Easter +on the very day of the full moon in March, if that day fell on a +Sunday, instead of waiting till the Sunday following; and because they +shaved the forepart of their head from ear to ear, instead of making +that tonsure on the crown of the head, and in a circular form. In +order to render their antagonists odious, they affirmed, that once in +seven years, they concurred with the Jews in the time of celebrating +that festival [y]; and that they might recommend their own form of +tonsure, they maintained that it imitated symbolically the crown of +thorns worn by Christ in his passion, whereas the other form was +invented by Simon Magus, without any regard to that representation +[z]. These controversies had, from the beginning, excited such +animosity between the British and Romish priests, that, instead of +concurring in their endeavours to convert the idolatrous Saxons, they +refused all communion together, and each regarded his opponent as no +better than a pagan [a]. The dispute lasted more than a century, and +was at last finished, not by men's discovering the folly of it, which +would have been too great an effort for human reason to accomplish, +but by the entire prevalence of the Romish ritual over the Scotch and +British [b]. Wilfrid, Bishop of Lindisferne, acquired great merit, +both with the court of Rome and with all the Southern Saxons, by +expelling the quartodeciman schism, as it was called, from the +Northumbrian kingdom, into which the neighbourhood of the Scots had +formerly introduced it [c]. +[FN [y] Bede, lib. 2. cap. 19. [z] Ibid. lib. 5. cap. 21. Eddius, +Sec. 24. [a] Bede, lib. 2. cap. 2. 4. 20. Eddius, Sec. 12. [b] +Bede, lib. 5. cap. 16, 22. [c] Bede, lib. 3. cap. 25. Eddius, Sec. +12] + +Theodore, Archbishop of Canterbury, called, in the year 680, a synod +at Hatfield, consisting of all the bishops in Britain [d], where was +accepted and ratified the decree of the Lateran council, summoned by +Martin, against the heresy of the Monothelites. The council and synod +maintained, in opposition to these heretics, that though the divine +and human nature in Christ made but one person, yet they had different +inclinations, wills, acts, and sentiments, and that the unity of the +person implied not unity in the consciousness [e]. This opinion it +seems somewhat difficult to comprehend; and no one, unacquainted with +the ecclesiastical history of those ages, could imagine the height of +zeal and violence with which it was then inculcated. The decree of +the Lateran council calls the Monothelites impious, execrable, wicked, +abominable, and even diabolical; and curses and anathematizes them to +all eternity [f]. +[FN [d] Spell. Conc. vol. 1. p. 168. [e] Spell. Conc. vol. 1. p. 171. +[f] Ibid. p. 172, 173, 174.] + +The Saxons, from the first introduction of Christianity among them, +had admitted the use of images; and perhaps, that religion, without +some of those exterior ornaments, had not made so quick a progress +with these idolaters: but they had not paid any species of worship or +address to images; and this abuse never prevailed among Christians, +till it received the sanction of the second council of Nice. + + + + +CHAPTER II. + +EGBERT.--ETHELWOLF.--ETHELBALD AND ETHELBERT.--ETHERED.--ALFRED THE +GREAT.--EDWARD THE ELDER.--ATHELSTAN.--EDMUND.---EDRED--EDWY.--EDGAR.-- +EDWARD THE MARTYR. + + + +[MN Egbert 827.] +The kingdoms of the Heptarchy, though united by so recent a conquest, +seemed to be firmly cemented into one state under Egbert; and the +inhabitants of the several provinces had lost all desire of revolting +from that monarch, or of restoring their former independent +governments. Their language was every where nearly the same, their +customs, laws, institutions, civil and religious; and as the race of +the ancient kings was totally extinct in all the subjected states, the +people readily transferred their allegiance to a prince who seemed to +merit it by the splendour of his victories, the vigour of his +administration, and the superior nobility of his birth. A union also +in government opened to them the agreeable prospect of future +tranquillity; and it appeared more probable that they would henceforth +become formidable to their neighbours, than be exposed to their +inroads and devastations. But these flattering views were soon +overcast by the appearance of the Danes, who, during some centuries, +kept the Anglo-Saxons in perpetual inquietude, committed the most +barbarous ravages upon them, and at last reduced them to grievous +servitude. + +The Emperor Charlemagne, though naturally generous and humane, had +been induced by bigotry to exercise great severities upon the pagan +Saxons in Germany, whom he subdued; and besides often ravaging their +country with fire and sword, he had in cool blood decimated all the +inhabitants for their revolts, and had obliged them, by the most +rigorous edicts, to make a seeming compliance with the Christian +doctrine. That religion, which had easily made its way among the +British Saxons by insinuation and address, appeared shocking to their +German brethren, when imposed on them by the violence of Charlemagne, +and the more generous and warlike of these pagans had fled northward +into Jutland, in order to escape the fury of his persecutions. +Meeting there with a people of similar manners, they were readily +received among them; and they soon stimulated the natives to concur in +enterprises, which both promised revenge on the haughty conqueror, and +afforded subsistence to those numerous inhabitants with which the +northern countries were now overburdened [g]. They invaded the +provinces of France, which were exposed by the degeneracy and +dissensions of Charlemagne's posterity; and being there known under +the general name of Normans, which they received from their northern +situation, they became the terror of all the maritime and even of the +inland countries. They were also tempted to visit England in their +frequent excursions; and being able, by sudden inroads, to make great +progress over a people who were not defended by any naval force, who +had relaxed their military institutions, and who were sunk into a +superstition which had become odious to the Danes and ancient Saxons, +they made no distinction in their hostilities between the French and +English kingdoms. Their first appearance in this island was in the +year 787 [h], when Brithric reigned in Wessex. A small body of them +landed in that kingdom, with a view of learning the state of the +country; and when the magistrate of the place questioned them +concerning their enterprise, and summoned them to appear before the +king, and account for their intentions, they killed him, and, flying +to their ships, escaped into their own country. The next alarm was +given to Northumberland in the year 794 [i], when a body of these +pirates pillaged a monastery: but their ships being much damaged by a +storm, and their leader slain in a skirmish, they were at last +defeated by the inhabitants, and the remainder of them put to the +sword. Five years after Egbert had established his monarchy over +England, the Danes landed in the Isle of Shepey, and having pillaged +it, escaped with impunity [k]. They were not so fortunate in their +next year's enterprise, when they disembarked from thirty-five ships, +and were encountered by Egbert, at Charmouth, in Dorsetshire. The +battle was bloody; but though the Danes lost great numbers, they +maintained the post they had taken, and thence made good their retreat +to their ships [l]. Having learned by experience, that they must +expect a vigorous resistance from this warlike prince, they entered +into an alliance with the Britons of Cornwall, and landing two years +after in that country, made an inroad with their confederates into the +county of Devon, but were met at Hengesdown by Egbert, and totally +defeated [m]. While England remained in this state of anxiety, and +defended itself more by temporary expedients than by any regular plan +of administration, Egbert, who alone was able to provide effectually +against this new evil, unfortunately died [MN 838.], and left the +government to his son Ethelwolf. +[FN [g] Ypod. Neustria, p. 414. [h] Chron. Sax. p. 64. [i] Chron. +Sax. p 64. Alur. Beverl. p. 108. [k] Chron. Sax. p. 72. [l] Chron. +Sax. p. 72. Ethelward, lib. 3. cap. 2. [m] Chron. Sax. p. 72.] + +[MN Ethelwolf.] +This prince had neither the abilities nor the vigour of his father; +and was better qualified for governing a convent than a kingdom [n]. +He began his reign with making a partition of his dominions, and +delivering over to his eldest son, Athelstan, the new-conquered +provinces of Essex, Kent, and Sussex. But no inconveniences seem to +have risen from this partition, as the continual terror of the Danish +invasions prevented all domestic dissension. A fleet of these +ravagers, consisting of thirty-three sail, appeared at Southampton, +but were repulsed with loss by Wolfhere, governor of the neighbouring +county [o]. The same year, Aethelhelm, governor of Dorsetshire, +routed another band which had disembarked at Portsmouth, but he +obtained the victory after a furious engagement, and he bought it with +the loss of his life [p]. Next year the Danes made several inroads +into England, and fought battles, or rather skirmishes, in East Anglia +and Lindesey and Kent, where, though they were sometimes repulsed and +defeated, they always obtained their end of committing spoil upon the +country, and carrying off their booty. They avoided coming to a +general engagement, which was not suited to their plan of operations. +Their vessels were small, and ran easily up the creeks and rivers, +where they drew them ashore, and having formed an entrenchment round +them, which they guarded with part of their number, the remainder +scattered themselves every where, and carrying off the inhabitants and +cattle and goods, they hastened to their ships and quickly +disappeared. If the military force of the county were assembled, (for +there was no time for troops to march from a distance,) the Danes +either were able to repulse them, and to continue their ravages with +impunity, or they betook themselves to their vessels, and setting +sail, suddenly invaded some distant quarter, which was not prepared +for their reception. Every part of England was held in continual +alarm, and the inhabitants of one county durst not give assistance to +those of another, lest their own families and property should in the +mean time be exposed by their absence to the fury of these barbarous +ravagers [q]. All orders of men were involved in this calamity, and +the priests and monks, who had been commonly spared in the domestic +quarrels of the Heptarchy, were the chief objects on which the Danish +idolators exercised their rage and animosity. Every season of the +year was dangerous, and the absence of the enemy was no reason why any +man could esteem himself a moment in safety. +[FN [n] Wm. Malmes. lib. 2. cap. 2. [o] Chron. Sax. p. 73. +Ethelward, lib. 3. [p] Chron. Sax. p. 73. H. Hunting. lib. 5. [q] +Alured. Beverl. p. 108.] + +[MN 851.] +These incursions had now become almost annual, when the Danes, +encouraged by their successes against France as well as England, (for +both kingdoms were alike exposed to this dreadful calamity,) invaded +the last in so numerous a body, as seemed to threaten it with +universal subjection. But the English, more military than the +Britons, whom a few centuries before they had treated with like +violence, roused themselves with a vigour proportioned to the +exigency. Ceorle, governor of Devonshire, fought a battle with one +body of the Danes at Wiganburgh [r], and put them to rout with great +slaughter. King Athelstan attacked another at sea near Sandwich, sunk +nine of their ships, and put the rest to flight [s]. A body of them, +however, ventured, for the first time, to take up winter quarters in +England; and receiving in the spring a strong reinforcement of their +countrymen in 350 vessels, they advanced from the Isle of Thanet, +where they had stationed themselves, burnt the cities of London and +Canterbury, and having put to flight Brichtric, who now governed +Mercia under the title of king, they marched into the heart of Surrey, +and laid every place waste around them. Ethelwolf, impelled by the +urgency of the danger, marched against them at the head of the West +Saxons, and carrying with him his second son, Ethelbald, gave them +battle at Okely, and gained a bloody victory over them. This +advantage procured but a short respite to the English. The Danes +still maintained their settlement in the Isle of Thanet, and being +attacked by Ealher and Huda, governors of Kent and Surrey, though +defeated in the beginning of the action, they finally repulsed the +assailants [MN 853.], and killed both the governors. They removed +thence to the Isle of Shepey; where they took up their winter +quarters, that they might farther extend their devastation and +ravages. +[FN [r] H. Hunt. lib. 5 Ethelward, lib. 3. cap. 3. Simeon Dunelm. p. +120. [s] Chron. Sax. p. 74. Asserius, p. 2.] + +This unsettled state of England hindered not Ethelwolf from making a +pilgrimage to Rome, whither he carried his fourth and favourite son, +Alfred, then only six years of age [t]. He passed there a twelvemonth +in exercises of devotion, and failed not in that most essential part +of devotion, liberality to the church of Rome. Besides giving +presents to the more distinguished ecclesiastics, he made a perpetual +grant of three hundred mancuses [u] a year to that see; one-third to +support the lamps of St. Peter's, another those of St. Paul's, a third +to the pope himself [w]. In his return home he married Judith, +daughter of the emperor, Charles the Bald, but on his landing in +England, he met with an opposition which he little looked for. +[FN [t] Asserius, p. 2. Chron. Sax. 76. Hunt. lib. 5. [u] A mancus +was about the weight of our present half-crown: see Spellman's +Glossary, IN VERBO Mancus. [w] W. Malmes. lib. 2. cap 2.] + +His eldest son, Athelstan, being dead, Ethelbald, his second, who had +assumed the government, formed, in concert with many of the nobles, +the project of excluding his father from a throne, which his weakness +and superstition seemed to have rendered him so ill-qualified to fill. +The people were divided between the two princes, and a bloody civil +war, joined to all the other calamities under which the English +laboured, appeared inevitable, when Ethelwolf had the facility to +yield to the greater part of his son's pretensions. He made with him +a partition of the kingdom, and taking to himself the eastern part, +which was always at that time esteemed the least considerable, as well +as the most exposed [x], he delivered over to Ethelbald the +sovereignty of the western. Immediately after, he summoned the states +of the whole kingdom, and with the same facility conferred a perpetual +and important donation on the church. +[FN [x] Asserius, p. 3. W. Malmes. lib. 2. cap. 2. Matth. West. p. +1, 8.] + +The ecclesiastics, in those days of ignorance, made rapid advances in +the acquisition of power and grandeur; and inculcating the most absurd +and most interested doctrines, though they sometimes met, from the +contrary interests of the laity, with an opposition which it required +time and address to overcome, they found no obstacle in their reason +or understanding. Not content with the donations of land made them by +the Saxon princes and nobles, and with temporary oblations, from the +devotion of the people, they had cast a wishful eye on a vast revenue, +which they claimed as belonging to them by a sacred and indefeasible +title. However little versed in the Scriptures, they had been able to +discover that, under the Jewish law, a tenth of all the produce of +land was conferred on the priesthood; and forgetting, what they +themselves taught, that the moral part only of that law was obligatory +on Christians, they insisted that this donation conveyed a perpetual +property, inherent by divine right in those who officiated at the +altar. During some centuries, the whole scope of sermons and homilies +was directed to this purpose, and one would have imagined, from the +general tenor of these discourses, that all the practical parts of +Christianity were comprised in the exact and faithful payment of +tithes to the clergy [y]. Encouraged by their success in inculcating +these doctrines, they ventured farther than they were warranted even +by the Levitical law, and pretended to draw the tenth of all industry, +merchandise, wages of labourers, and pay of soldiers [z]; nay, some +canonists went so far as to affirm, that the clergy were entitled to +the tithe of the profits made by courtesans in the exercise of their +profession [a]. Though parishes had been instituted in England by +Honorius, Archbishop of Canterbury, near two centuries before [b], the +ecclesiastics had never yet been able to get possession of the tithes; +they therefore seized the present favourable opportunity of making +that acquisition, when a weak, superstitious prince filled the throne, +and when the people, discouraged by their losses from the Danes, and +terrified with the fear of future invasions, were susceptible of any +impression which bore the appearance of religion [c]. So meritorious +was this concession deemed by the English, that trusting entirely to +supernatural assistance, they neglected the ordinary means of safety, +and agreed, even in the present desperate extremity, that the revenues +of the church should be exempted from all burthens, though imposed for +national defence and security [d]. +[FN [y] Padre Paolo, sopra beneficii ecclesiastici, p. 51, 52. edit. +Colon. 1675 [z] Spell. Conc. vol. i. p. 268. [a] Padre Paolo, p. +132. [b] Parker, p. 77. [c] lngulph. p. 862. Selden's Hist. of +Tithes, c. 8. [d] Asserius, p. 2. Chron. Sax. p. 76. W. Malmes. +lib. 2. cap. 2. Ethelward, lib. 3. cap. 3. M. West. p. 158. +Ingulph. p. 17. Alur. Beverl. p. 95] + +[MN Ethelbald and Ethelbert. 857.] +Ethelwolf lived only two years after making this grant, and by his +will he shared England between his two eldest sons, Ethelbald and +Ethelbert; the west being assigned to the former, the east to the +latter. Ethelbald was a profligate prince, and marrying Judith, his +mother-in-law, gave great offence to the people; but, moved by the +remonstrances of Swithin, Bishop of Winchester, he was at last +prevailed on to divorce her. His reign was short; and Ethelbert, his +brother, succeeding to the government [MN 860.], behaved himself, +during a reign of five years, in a manner more worthy of his birth and +station. The kingdom, however, was still infested by the Danes, who +made an inroad and sacked Winchester, but were there defeated. A body +also of these pirates, who were quartered in the Isle of Thanet, +having deceived the English by a treaty, unexpectedly broke into Kent, +and committed great outrages. + +[MN Ethered 866.] +Ethelbert was succeeded by his brother Ethered, who, though he +defended himself with bravery, enjoyed, during his whole reign, no +tranquillity from those Danish irruptions. His younger brother, +Alfred, seconded him in all his enterprises, and generously sacrificed +to the public good all resentment which he might entertain on account +of his being excluded by Ethered from a large patrimony which had been +left him by his father. + +The first landing of the Danes in the reign of Ethered was among the +East Angles, who, more anxious for their present safety than for the +common interest, entered into a separate treaty with the enemy, and +furnished them with horses, which enabled them to make an irruption by +land into the kingdom of Northumberland. They there seized the city +of York, and defended it against Osbricht and Aella, two Northumbrian +princes, who perished in the assault [f]. Encouraged by these +successes, and by the superiority which they had acquired in arms, +they now ventured, under the command of Hinguar and Hubba, to leave +the sea-coast, and penetrating into Mercia, they took up their winter +quarters at Nottingham, where they threatened the kingdom with a final +subjection. The Mercians, in this extremity, applied to Ethered for +succour, and that prince, with his brother Alfred, conducting a great +army to Nottingham, obliged the enemy to dislodge [MN 870.], and to +retreat into Northumberland. Their restless disposition, and their +avidity for plunder, allowed them not to remain long in those +quarters; they broke into East Anglia, defeated and took prisoner +Edmund, the king of that country, whom they afterwards murdered in +cool blood, and committing the most barbarous ravages on the people, +particularly on the monasteries, they gave the East Angles cause to +regret the temporary relief which they had obtained by assisting the +common enemy. +[FN [f] Asser. p. 6. Chron Sax. p. 79.] + +[MN 871.] The next station of the Danes was at Reading, whence they +infested the neighbouring country by their incursions. The Mercians, +desirous of shaking off their dependence on Ethered, refused to join +him with their forces; and that prince, attended by Alfred, was +obliged to march against the enemy with the West Saxons alone, his +hereditary subjects. The Danes, being defeated in an action, shut +themselves up in their garrison; but quickly making thence an +irruption, they routed the West Saxons, and obliged them to raise the +siege. An action soon after ensued at Aston, in Berkshire, where the +English, in the beginning of the day, were in danger of a total +defeat. Alfred, advancing with one division of the army, was +surrounded by the enemy in disadvantageous ground; and Ethered, who +was at that time hearing mass, refused to march to his assistance till +prayers should be finished [g]: but as he afterwards obtained the +victory, this success, not the danger of Alfred, was ascribed by the +monks to the piety of that monarch. This battle of Aston did not +terminate the war: another battle was a little after fought at Basing, +where the Danes were more successful; and being reinforced by a new +army from their own country, they became every day more terrible to +the English. Amidst these confusions, Ethered died of a wound which +he had received in an action with the Danes; and left the inheritance +of his cares and misfortunes, rather than of his grandeur, to his +brother, Alfred, who was now twenty-two years of age. +[FN [g] Asser. p. 7. W. Malm. lib. 2. cap. 3. Simeon Dunelm. p. 125. +Anglia Sacra, vol. i. p. 205.] + +[MN Alfred 871.] +This prince gave very early marks of those great virtues and shining +talents, by which, during the most difficult times, he saved his +country from utter ruin and subversion. Ethelwolf, his father, the +year after his return with Alfred from Rome, had again sent the young +prince thither with a numerous retinue; and a report being spread of +the king's death, the pope, Leo III., gave Alfred the royal unction +[h]; whether prognosticating his future greatness from the appearances +of his pregnant genius, or willing to pretend, even in that age, to +the right of conferring kingdoms. Alfred, on his return home, became +every day more the object of his father's affections; but being +indulged in all youthful pleasures, he was much neglected in his +education; and he had already reached his twelfth year, when he was +yet totally ignorant of the lowest elements of literature. His genius +was first roused by the recital of Saxon poems, in which the queen +took delight; and this species of erudition, which is sometimes able +to make a considerable progress even among barbarians, expanded those +noble and elevated sentiments which he had received from nature [i]. +Encouraged by the queen, and stimulated by his own ardent inclination, +he soon learned to read those compositions; and proceeded thence to +acquire the knowledge of the Latin tongue, in which he met with +authors that better prompted his heroic spirit, and directed his +generous views. Absorbed in these elegant pursuits, he regarded his +accession to royalty rather as an object of regret than of triumph +[k]; but being called to the throne, in preference to his brother's +children, as well by the will of his father, a circumstance which had +great authority with the Anglo-Saxons [l], as by the vows of the whole +nation, and the urgency of public affairs, he shook off his literary +indolence, and exerted himself in the defence of his people. He had +scarcely buried his brother, when he was obliged to take the field in +order to oppose the Danes, who had seized Wilton, and were exercising +their usual ravages on the countries around. He marched against them +with the few troops which he could assemble on a sudden; and giving +them battle, gained at first an advantage, but by his pursuing the +victory too far, the superiority of the enemy's numbers prevailed, and +recovered them the day. Their loss, however, in the action, was so +considerable, that, fearing Alfred would receive daily reinforcement +from his subjects, they were content to stipulate for a safe retreat, +and promised to depart the kingdom. For that purpose they were +conducted to London, and allowed to take up winter quarters there; +but, careless of their engagements, they immediately set themselves to +the committing of spoil on the neighbouring country. Burrhed, King of +Mercia, in whose territories London was situated, made a new +stipulation with them, and engaged them, by presents of money, to +remove to Lindesey, in Lincolnshire, a country which they had already +reduced to ruin and desolation. Finding therefore no object in that +place, either for their rapine or violence, they suddenly turned back +upon Mercia, in a quarter where they expected to find it without +defence; and fixing their station at Repton in Derbyshire, they laid +the whole country desolate with fire and sword. Burrhed, despairing +of success against an enemy whom no force could resist, and no +treaties bind, abandoned his kingdom, and flying to Rome, took shelter +in a cloister [m]. He was brother-in-law to Alfred, and the last who +bore the title of king in Mercia. +[FN [h] Asser. p. 2. W. Malm. lib. 2. cap. 2. Ingulph. p. 869. +Simeon Dunelm. p. 120, 139. [i] Asser. p. 5. M. West. p. 167. [k] +Asser. p. 7. [1] Ibid. p. 22. Simeon Dunelm. p. 121. [m] Asser. p. +8. Chron. Sax. p. 82. Ethelward, lib. 4. cap. 4.] + +The West Saxons were now the only remaining power in England; and +though supported by the vigour and abilities of Alfred, they were +unable to sustain the efforts of those ravagers, who from all quarters +invaded them. A new swarm of Danes came over this year under three +princes, Guthrum, Oscitel, and Amund; and having first joined their +countrymen at Repton, they soon found the necessity of separating, in +order to provide for their subsistence. Part of them, under the +command of Haldene, their chieftain [n], marched into Northumberland, +where they fixed their quarters; part of them took quarters at +Cambridge, whence they dislodged in the ensuing summer, and seized +Wereham, in the county of Dorset, the very centre of Alfred's +dominions. That prince so straitened them in these quarters, that +they were content to come to a treaty with him, and stipulated to +depart his country. Alfred, well acquainted with their usual perfidy, +obliged them to swear upon the holy relics to the observance of the +treaty [o]; not that he expected they would pay any veneration to the +relics; but he hoped, that, if they now violated this oath, their +impiety would infallibly draw down upon them the vengeance of Heaven. +But the Danes, little apprehensive of the danger, suddenly, without +seeking any pretence, fell upon Alfred's army; and having put it to +rout, marched westward, and took possession of Exeter. The prince +collected new forces, and exerted such vigour, that he fought in one +year eight battles with the enemy [p], and reduced them to the utmost +extremity. He hearkened however to new proposals of peace; and was +satisfied to stipulate with them, that they would settle somewhere in +England [q], and would not permit the entrance of more ravagers into +the kingdom. But while he was expecting the execution of this treaty, +which it seemed the interest of the Danes themselves to fulfil, he +heard that another body had landed, and having collected all the +scattered troops of their countrymen, had surprised Chippenham, then a +considerable town, and were exercising their usual ravages all around +them. +[FN [n] Chron. Sax. p. 83. [o] Asser. p. 8. [p] Ibid. The Saxon +Chronicle. p. 82, says nine battles. [q] Asser. p. 9. Alur. Beverl. +p. 104.] + +This last incident quite broke the spirit of the Saxons, and reduced +them to despair. Finding that, after all the miserable havoc which +they had undergone in their persons and in their property; after all +the vigorous actions which they had exerted in their own defence; a +new band, equally greedy of spoil and slaughter, had disembarked among +them; they believed themselves abandoned by Heaven to destruction, and +delivered over to those swarms of robbers, which the fertile north +thus incessantly poured forth against them. Some left their country +and retired into Wales, or fled beyond sea: others submitted to the +conquerors, in hopes of appeasing their fury by a servile obedience +[r]. And every man's attention being now engrossed in concern for his +own preservation, no one would hearken to the exhortations of the +king, who summoned them to make, under his conduct, one effort more in +defence of their prince, their country, and their liberties. Alfred +himself was obliged to relinquish the ensigns of his dignity, to +dismiss his servants, and to seek shelter, in the meanest disguises, +from the pursuit and fury of his enemies. He concealed himself under +a peasant's habit, and lived some time in the house of a neat-herd, +who had been intrusted with the care of some of his cows [s]. There +passed here an incident, which has been recorded by all the +historians, and was long preserved by popular tradition; though it +contains nothing memorable in itself, except so far as every +circumstance is interesting which attends so much virtue and dignity +reduced to such distress. The wife of the neat-herd was ignorant of +the condition of her royal guest; and observing him one day busy by +the fire-side in trimming his bows and arrows, she desired him to take +care of some cakes which were toasting, while she was employed +elsewhere in other domestic affairs. But Alfred, whose thoughts were +otherwise engaged, neglected this injunction; and the good woman, on +her return, finding her cakes all burnt, rated the king very severely, +and upbraided him, that he always seemed very well pleased to eat her +warm cakes, though he was thus negligent in toasting them [t]. +[FN [r] Chron. Sax. p. 84. Alured Bever. p. 105. [s] Asser. p. 9. +[t] Ibid M. West, p. 170.] + +By degrees, Alfred, as he found the search of the enemy become more +remiss, collected some of his retainers, and retired into the centre +of a bog, formed by the stagnating waters of the Thone and Parret, in +Somersetshire. He here found two acres of firm ground; and building a +habitation on them, rendered himself secure by its fortifications, and +still more by the unknown and inaccessible roads which led to it, and +by the forests and morasses with which it was every way environed. +This place he called Aethelingay, or the Isle of Nobles [u]; and it +now bears the name of Athelney. He thence made frequent and +unexpected sallies upon the Danes, who often felt the vigour of his +arm, but knew not from what quarter the blow came. He subsisted +himself and his followers by the plunder which he acquired; he +procured them consolation by revenge; and from small successes he +opened their minds to hope, that, notwithstanding his present low +condition, more important victories might at length attend his valour. +[FN [u] Chron. Sax. p. 65. W. Malm. lib. 2. cap. 4 Ethelward, lib. +4. cap. 4. Ingulph. p. 26.] + +Alfred lay here concealed, but not inactive, during a twelvemonth, +when the news of a prosperous event reached his ears, and called him +to the field. Hubba, the Dane, having spread devastation, fire, and +slaughter over Wales, had landed in Devonshire from twenty-three +vessels, and laid siege to the castle of Kenwith, a place situated +near the mouth of the small river Tau. Oddune, Earl of Devonshire, +with his followers, had taken shelter there; and being ill supplied +with provisions, and even with water, he determined, by some vigorous +blow, to prevent the necessity of submitting to the barbarous enemy. +He made a sudden sally on the Danes before sun-rising; and taking them +unprepared, he put them to rout, pursued them with great slaughter, +killed Hubba himself; and got possession of the famous REAFEN, or +enchanted standard, in which the Danes put great confidence [w]. It +contained the figure of a raven, which had been inwoven by the three +sisters of Hinguar and Hubba, with many magical incantations, and +which, by its different movements, prognosticated, as the Danes +believed, the good or bad success of any enterprise [x]. +[FN [w] Asser. p. 10. Chron. Sax. p. 84. Abbas Rieval, p. 395 +Alured Beverl. p. 105. [x] Asser. p. 10.] + +When Alfred observed this symptom of successful resistance in his +subjects, he left his retreat; but before he would assemble them in +arms, or urge them to any attempt, which, if unfortunate, might, in +their present despondency, prove fatal, he resolved to inspect himself +the situation of the enemy, and to judge of the probability of +success. For this purpose he entered their camp under the disguise of +a harper, and passed unsuspected through every quarter. He so +entertained them with his music and facetious humours, that he met +with a welcome reception; and was even introduced to the tent of +Guthrum, their prince, where he remained some days [y]. He remarked +the supine security of the Danes, their contempt of the English, their +negligence in foraging and plundering, and their dissolute wasting of +what they gained by rapine and violence. Encouraged by these +favourable appearances, he secretly sent emissaries to the most +considerable of his subjects, and summoned them to a rendezvous, +attended by their warlike followers, at Brixton, on the borders of +Selwood forest [z]. The English, who had hoped to put an end to their +calamities by servile submission, now found the insolence and rapine +of the conqueror more intolerable than all past fatigues and dangers; +and, at the appointed day, they joyfully resorted to their prince. On +his appearance, they received him with shouts of applause [a]; and +could not satiate their eyes with the sight of this beloved monarch, +whom they had long regarded as dead, and who now, with voice and looks +expressing his confidence of success, called them to liberty and to +vengeance. He instantly conducted them to Eddington, where the Danes +were encamped; and taking advantage of his previous knowledge of the +place, he directed his attack against the most unguarded quarter of +the enemy. The Danes, surprised to see an army of English, whom they +considered as totally subdued, and still more astonished to hear that +Alfred was at their head, made but a faint resistance, notwithstanding +their superiority of number, and were soon put to flight with great +slaughter. The remainder of the routed army, with their prince, was +besieged by Alfred in a fortified camp to which they fled; but being +reduced to extremity by want and hunger, they had recourse to the +clemency of the victor, and offered to submit on any conditions. The +king, no less generous than brave, gave them their lives; and even +formed a scheme for converting them from mortal enemies into faithful +subjects and confederates. He knew that the kingdoms of East Anglia +and Northumberland were totally desolated by the frequent inroads of +the Danes, and he now proposed to repeople them, by settling there +Guthrum and his followers. He hoped that the new planters would at +last betake themselves to industry, when, by reason of his resistance, +and the exhausted condition of the country, they could no longer +subsist by plunder; and that they might serve him as a rampart against +any future incursions of their countrymen. But before he ratified +these mild conditions with the Danes, he required that they should +give him one pledge of their submission, and of their inclination to +incorporate with the English, by declaring their conversion to +Christianity [b]. Guthrum and his army had no aversion to the +proposal; and without much instruction, or argument, or conference, +they were all admitted to baptism. The king answered for Guthrum at +the font, gave him the name of Athelstan, and received him as his +adopted son [c]. +[FN [y] W. Malm. lib. 2. cap. 4. [z] Chron. Sax. p. 85. [a] Asser. +p. 10. Chron. Sax. p. 85. Simeon Dunelm. p. 128. Alured Beverl. p. +105. Abbas Rieval, p. 354. [b] Chron. Sax. p. 85. [c] Asser. p. 10. +Chron. Sax. p. 90.] + +[MN 880.] The success of the expedient seemed to correspond to +Alfred's hopes: the greater part of the Danes settled peaceably in +their new quarters: some smaller bodies of the same nation, which were +dispersed in Mercia, were distributed into the five cities of Derby, +Leicester, Stamford, Lincoln, and Nottingham, and were thence called +the Fif or Five-burghers. The more turbulent and unquiet made an +expedition into France, under the command of Hastings [d]; and, except +by a short incursion of Danes, who sailed up the Thames, and landed at +Fulham, but suddenly retreated to their ships on finding the country +in a posture of defence, Alfred was not for some years infested by the +inroads of those barbarians [e]. +[FN [d] W. Malm. lib. 2. c. 4. Ingulph. p. 26. [e] Asser. p. 11.] + +The king employed this interval of tranquillity in restoring order to +the state, which had been shaken by so many violent convulsions; in +establishing civil and military institutions; in composing the minds +of men to industry and justice; and in providing against the return of +like calamities. He was, more properly than his grandfather, Egbert, +the sole monarch of the English, (for so the Saxons were now +universally called,) because the kingdom of Mercia was at last +incorporated in his state, and was governed by Ethelbert, his brother- +in-law, who bore the title of Earl: and though the Danes, who peopled +East Anglia and Northumberland, were for some time ruled immediately +by their own princes, they all acknowledged a subordination to Alfred, +and submitted to his superior authority. As equality among subjects +is the great source of concord, Alfred gave the same laws to the Danes +and English, and put them entirely on a like footing in the +administration both of civil and criminal justice. The fine for the +murder of a Dane was the same with that for the murder of an +Englishman; the great symbol of equality in those ages. + +The king, after rebuilding the ruined cities, particularly London [f], +which had been destroyed by the Danes in the reign of Ethelwolf, +established a regular militia for the defence of the kingdom. He +ordained that all his people should be armed and registered; he +assigned them a regular rotation of duty; he distributed part into the +castles and fortresses which he built at proper places [g]; he +required another part to take the field on any alarm, and to assemble +at stated places of rendezvous; and he left a sufficient number at +home, who were employed in the cultivation of the land, and who +afterwards took their turn in military service [h]. The whole kingdom +was like one great garrison; and the Danes could no sooner appear in +one place, than a sufficient number was assembled to oppose them, +without leaving the other quarters defenceless or disarmed [i]. +[FN [f] Asser. p. 15. Chron. Sax. p. 88. M. West. p. 171. Simeon +Dunelm. p. 131. Brompton, p. 812. Alured Beverl. ex edit. Hearne, p. +106. [g] Asser. p. 18. Ingulph. p. 27. [h] Chron. Sax. p. 92, 93. +[i] Spellman's Life of Alfred, p. 147. edit. 1709.] + +But Alfred, sensible that the proper method of opposing an enemy who +made incursions by sea, was to meet them on their own element, took +care to provide himself with a naval force [k], which though the most +natural defence of an island, had hitherto been totally neglected by +the English. He increased the shipping of his kingdom both in number +and strength, and trained his subjects in the practice, as well of +sailing as of naval action. He distributed his armed vessels in +proper stations around the island, and was sure to meet the Danish +ships either before or after they had landed their troops, and to +pursue them in all their incursions. Though the Danes might suddenly, +by surprise, disembark on the coast, which was generally become +desolate by their frequent ravages, they were encountered by the +English fleet in their retreat; and escaped not, as formerly, by +abandoning their booty, but paid, by their total destruction, the +penalty of the disorders which they had committed. +[FN [k] Asser. p. 9. M. West. p. 179.] + +In this manner Alfred repelled several inroads of these piratical +Danes, and maintained his kingdom, during some years, in safety and +tranquillity. A fleet of a hundred and twenty ships of war was +stationed upon the coast; and being provided with warlike engines, as +well as with expert seamen, both Frisians and English, (for Alfred +supplied the defects of his own subjects by engaging able foreigners +in his service,) maintained a superiority over these smaller bands +with which England had so often been infested [l]. [MN 893.] But at +last Hastings, the famous Danish chief, having ravaged all the +provinces of France, both along the seacoast and the Loire and Seine, +and being obliged to quit that country, more by the desolation which +he himself had occasioned, than by the resistance of the inhabitants, +appeared off the coast of Kent with a fleet of 330 sail. The greater +part of the enemy disembarked in the Rother, and seized the fort of +Apuldore. Hastings himself, commanding a fleet of eighty sail, +entered the Thames, and fortifying Milton in Kent, began to spread his +forces over the country, and to commit the most destructive ravages. +But Alfred, on the first alarm of this descent, flew to the defence of +his people, at the head of a select band of soldiers, whom he always +kept about his person [m]; and gathering to him the armed militia from +all quarters, appeared in the field with a force superior to the +enemy. All straggling parties whom necessity, or love of plunder, had +drawn to a distance from their chief encampment, were cut off by the +English [n]; and these pirates, instead of increasing their spoil, +found themselves cooped up in their fortifications, and obliged to +subsist by the plunder which they had brought from France. Tired of +this situation, which must in the end prove ruinous to them, the Danes +at Apuldore rose suddenly from their encampment, with an intention of +marching towards the Thames, and passing over into Essex: but they +escaped not the vigilance of Alfred, who encountered then at Farnham, +put them to rout [o], seized all their horses and baggage, and chased +the runaways on board their ships, which carried them up the Colne to +Mersey, in Essex, where they intrenched themselves. Hastings, at the +same time, and probably by concert, made a like movement; and +deserting Milton, took possession of Bamflete, near the Isle of +Canvey, in the same county [p], where he hastily threw up +fortifications for his defence against the power of Alfred. +[FN [1] Asser. p. 11. Chron. Sax. p. 86, 87. M. West. p. 176. [m] +Asser. p.19. [n] Chron. Sax. p. 92. [o] Ibid. p. 93. Flor. Wigorn, +p. 595. [p] Chron. Sax. p. 93.] + +Unfortunately for the English, Guthrum, prince of the East Anglian +Danes, was now dead; as was also Guthred, whom the king had appointed +governor of the Northumbrians; and those restless tribes, being no +longer restrained by the authority of their princes, and being +encouraged by the appearance of so great a body of their countrymen, +broke into rebellion, shook off the authority of Alfred, and yielding +to their inveterate habits of war and depredation [q], embarked on +board two hundred and forty vessels, and appeared before Exeter in the +west of England. Alfred lost not a moment in opposing this new enemy. +Having left some forces at London to make head against Hastings and +the other Danes, he marched suddenly to the west [r]; and falling on +the rebels before they were aware, pursued them to their ships with +great slaughter. These ravagers, sailing next to Sussex, began to +plunder the country near Chichester; but the order which Alfred had +every where established, sufficed here, without his presence, for the +defence of the place; and the rebels, meeting with a new repulse, in +which many of them were killed, and some of their ships taken [s], +were obliged to put again to sea, and were discouraged from attempting +any other enterprise. +[FN [q] Ibid. p. 92. [r] Ibid. p. 93. [s] Chron. Sax. p. 96. Flor. +Wigorn. p. 596.] + +Meanwhile, the Danish invaders in Essex, having united their force +under the command of Hastings, advanced into the inland country, and +made spoil of all around them; but soon had reason to repent of their +temerity. The English army left in London, assisted by a body of the +citizens, attacked the enemy's intrenchments at Bamflete, overpowered +the garrison, and having done great execution upon them, carried off +the wife and two sons of Hastings [t]. Alfred generously spared these +captives; and even restored them to Hastings [u], on condition that be +should depart the kingdom. +[FN [t] Chron. Sax. p. 94. M. West. p. 178. [u] M. West. p. 179.] + +But though the king had thus honourably rid himself of this dangerous +enemy, he had not entirely subdued or expelled the invaders. The +piratical Danes willingly followed in an excursion any prosperous +leader who gave them hopes of booty; but were not so easily induced to +relinquish their enterprise, or submit to return, baffled and without +plunder, into their native country. Great numbers of them, after the +departure of Hastings, seized and fortified Shobury, at the mouth of +the Thames; and having left a garrison there, they marched along the +River, till they came to Boddington, in the county of Gloucester; +where, being reinforced by some Welsh, they threw up intrenchments, +and prepared for their defence. The king here surrounded them with +the whole force of his dominions [w]; and as he had now a certain +prospect of victory, he resolved to trust nothing to chance, but +rather to master his enemies by famine than assault. They were +reduced to such extremities, that, having eaten their own horses, and +having many of them perished with hunger [x], they made a desperate +sally upon the English; and though the greater number fell in the +action, a considerable body made their escape [y]. These roved about +for some time in England, still pursued by the vigilance of Alfred; +they attacked Leicester with success, defended themselves in Hartford, +and then fled to Quatford, where they were finally broken and subdued. +The small remains of them either dispersed themselves among their +countrymen in Northumberland and East Anglia [z], or had recourse +again to the sea, where they exercised piracy, under the command of +Sigefert, a Northumbrian. This freebooter, well acquainted with +Alfred's naval preparations, had framed vessels of a new construction, +higher, and longer, and swifter than those of the English; but the +king soon discovered his superior skill, by building vessels still +higher, and longer, and swifter than those of the Northumbrians; and +falling upon them while they were exercising their ravages in the +west, he took twenty of their ships, and having tried all the +prisoners at Winchester, he hanged them as pirates, the common enemies +of mankind. +[FN [w] Chron. Sax. p. 94. [x] Ibid. M. West. p. 179. Flor. Wigorn. +p. 596. [y] Chron. Sax. p. 95. [z] Chron. Sax. p. 97.] + +The well-timed severity of this execution, together with the excellent +posture of defence established every where, restored full tranquillity +to England, and provided for the future security of the government. +The East Anglian and Northumbrian Danes, on the first appearance of +Alfred upon their frontiers, made anew the most humble submissions to +him; and he thought it prudent to take them under his immediate +government, without establishing over them a viceroy of their own +nation [a]. The Welsh also acknowledged his authority; and this great +prince had now, by prudence, and justice, and valour, established his +sovereignty over all the southern parts of the island, from the +English channel to the frontiers of Scotland; when he died [MN 901.], +in the vigour of his age and the full strength of his faculties, +after a glorious reign of twenty-nine years and a half [b]; in which +he deservedly attained the appellation of Alfred the Great, and the +title of Founder of the English Monarchy. +[FN [a] Flor. Wigorn. p. 598. [b] Asser. p. 21. Chron. Sax. p. 99.] + +The merit of this prince, both in private and public life, may with +advantage be set in opposition to that of any monarch or citizen which +the annals of any age or any nation can present to us. He seems +indeed to be the model of that perfect character, which, under the +denomination of a sage or wise man, philosophers have been fond of +delineating, rather as a fiction of their imagination, than in hopes +of ever seeing it really existing: so happily were all his virtues +tempered together; so justly were they blended; and so powerfully did +each prevent the other from exceeding its proper boundaries. He knew +how to reconcile the most enterprising spirit with the coolest +moderation; the most obstinate perseverance with the easiest +flexibility; the most severe justice with the gentlest lenity; the +greatest vigour in commanding with the most perfect affability of +deportment [c]; the highest capacity and inclination for science, with +the most shining talents for action. His civil and his military +virtues are almost equally the objects of our admiration; excepting +only, that the former, being more rare among princes, as well as more +useful, seem chiefly to challenge our applause. Nature also, as if +desirous that so bright a production of her skill should be set in the +fairest light, had bestowed on him every bodily accomplishment, vigour +of limbs, dignity of shape and air, with a pleasing, engaging, and +open countenance [d]. Fortune alone, by throwing him into that +barbarous age, deprived him of historians worthy to transmit his fame +to posterity; and we wish to see him delineated in more lively +colours, and with more particular strokes, that we may at least +perceive some of those small specks and blemishes, from which, as a +man, it is impossible he could be entirely exempted. +[FN [c] Asser. p. 13. [d] Ibid. p. 5.] + +But we should give but an imperfect idea of Alfred's merit, were we to +confine our narration to his military exploits, and were not more +particular in our account of his institutions for the execution of +justice, and of his zeal for the encouragement of arts and sciences. + +After Alfred had subdued, and had settled or expelled the Danes, he +found the kingdom in the most wretched condition; desolated by the +ravages of those barbarians, and thrown into disorders, which were +calculated to perpetuate its misery. Though the great armies of the +Danes were broken, the country was full of straggling troops of that +nation, who, being accustomed to live by plunder, were become +incapable of industry, and who, from the natural ferocity of their +manners, indulged themselves in committing violence, even beyond what +was requisite to supply their necessities. The English themselves, +reduced to the most extreme indigence by these continued depredations, +had shaken off all bands of government; and those who had been +plundered today, betook themselves next day to a like disorderly life, +and, from despair, joined the robbers in pillaging and ruining their +fellow-citizens. These were the evils for which it was necessary that +the vigilance and activity of Alfred should provide a remedy. + +That he might render the execution of justice strict and regular; he +divided all England into counties; these counties he subdivided into +hundreds; and, the hundreds into tithings. Every householder was +answerable for the behaviour of his family and slaves, and even of his +guests, if they lived above three days in his house. Ten neighbouring +householders were formed into one corporation, who, under the name of +a tithing, decennary, or fribourg, were answerable for each other's +conduct, and over whom one person, called a tithingman, headbourg, or +borsholder, was appointed to preside. Every man was punished as an +outlaw who did not register himself in some tithing. And no man could +change his habitation, without a warrant or certificate from the +borsholder of the tithing to which he formerly belonged. + +When any person in any tithing or decennary was guilty of a crime, the +borsholder was summoned to answer for him; and if he were not willing +to be surety for his appearance, and his clearing himself, the +criminal was committed to prison, and there detained till his trial. +If he fled, either before or after finding sureties, the borsholder +and decennary became liable to inquiry, and were exposed to the +penalties of law. Thirty-one days were allowed them for producing the +criminal; and if that time elapsed without their being able to find +him, the borsholder, with two other members of the decennary, was +obliged to appear, and, together with three chief members of the three +neighbouring decennaries, (making twelve in all,) to swear that his +decennary was free from all privity both of the crime committed, and +of the escape of the criminal. If the borsholder could not find such +a number to answer for their innocence, the decennary was compelled by +fine to make satisfaction to the king, according to the degree of the +offence [f]. By this institution, every man was obliged from his own +interest to keep a watchful eye over the conduct of his neighbours; +and was in a manner surety for the behaviour of those who were placed +under the division to which he belonged: whence these decennaries +received the name of frank-pledges. +[FN [f] Leges St. Edw. cap. 20. apud Wilkins, p. 202.] + +Such a regular distribution of the people, with such a strict +confinement in their habitation, may not be necessary in times when +men are more inured to obedience and justice; and it might perhaps be +regarded as destructive of liberty and commerce in a polished state; +but it was well calculated to reduce that fierce and licentious people +under the salutary restraint of law and government. But Alfred took +care to temper these rigours by other institutions favourable to the +freedom of the citizens; and nothing could be more popular and liberal +than his plan for the administration of justice. The borsholder +summoned together his whole decennary to assist him in deciding any +lesser difference which occurred among the members of this small +community. In affairs of greater moment, in appeals from the +decennary, or in controversies arising between members of different +decennaries, the cause was brought before the hundred, which consisted +of ten decennaries, or a hundred families of freemen, and which was +regularly assembled once in four weeks for the deciding of causes [g]. +Their method of decision deserves to be noted, as being the origin of +juries; an institution admirable in itself, and the best calculated +for the preservation of liberty and the administration of justice that +ever was devised by the wit of man. Twelve freeholders were chosen, +who, having sworn, together with the hundreder, or presiding +magistrate of that division, to administer impartial justice [h], +proceeded to the examination of that cause which was submitted to +their jurisdiction. And beside these monthly meetings of the hundred, +there was an annual meeting, appointed for a more general inspection +of the police of the district; for the inquiry into crimes, the +correction of abuses in magistrates, and the obliging of every person +to show the decennary in which he was registered. The people, in +imitation of their ancestors, the ancient Germans, assembled there in +arms; whence a hundred was sometimes called a wapentake, and its court +served both for the support of military discipline, and for the +administration of civil justice [i]. +[FN [g] Leg. Edw. cap. 2. [h] Foedus Alfred. and Gothurn. apud +Wilkins, cap. 3. p. 47. Leg. Ethelstani, cap. 2. apud Wilkins, p. 58. +LL. Ethelr. sec. 4. Wilkins, p. 117. [i] Spellman, IN VOCE Wapentake.] + +The next superior court to that of the hundred was the county-court, +which met twice a year, after Michaelmas and Easter, and consisted of +the freeholders of the county, who possessed an equal vote in the +decision of causes. The bishop presided in this court, together with +the alderman; and the proper object of the court was the receiving of +appeals from the hundreds and decennaries, and the deciding of such +controversies as arose between men of different hundreds. Formerly, +the alderman possessed both the civil and military authority; but +Alfred, sensible that this conjunction of powers rendered the nobility +dangerous and independent, appointed also a sheriff in each county, +who enjoyed a co-ordinate authority with the former in the judicial +function [k]. His office also empowered him to guard the rights of +the crown in the county, and to levy the fines imposed; which in that +age formed no contemptible part of the public revenue. +[FN [k] Ingulph. p. 870.] + +There lay an appeal, in default of justice, from all these courts to +the king himself in council; and as the people, sensible of the equity +and great talents of Alfred, placed their chief confidence in him, he +was soon overwhelmed with appeals from all parts of England. He was +indefatigable in the despatch of these causes [l]; but finding that +his time must be entirely engrossed by this branch of duty, he +resolved to obviate the inconvenience, by correcting the ignorance or +corruption of the inferior magistrates, from which it arose [m]. He +took care to have his nobility instructed in letters and the laws [n]. +He chose the earls and sheriffs from among the men most celebrated for +probity and knowledge: he punished severely all malversation in office +[o]: and he removed all the earls, whom he found unequal to the trust +[p]; allowing only some of the more elderly to serve by a deputy, till +their death should make room for more worthy successors. +[FN [1] Asser. p. 20. [m] Ibid. p. 18, 21. Flor. Wigorn p. 594. +Abbas Rieval, p. 355. [n] Flor. Wigorn. p. 594. Brompton. p. 811. +[o] Le Miroir de Justice, chap. 2. [p] Asser. p. 20.] + +The better to guide the magistrates in the administration of justice, +Alfred framed a body of laws; which, though now lost, served long as +the basis of English jurisprudence, and is generally deemed the origin +of what is denominated the COMMON LAW. He appointed regular meetings +of the states of England twice a year in London [q]; a city which he +himself had repaired and beautified, and which he thus rendered the +capital of the kingdom. The similarity of these institutions to the +customs of the ancient Germans, to the practice of the other northern +conquerors, and to the Saxon laws during the Heptarchy, prevents us +from regarding Alfred as the sole author of this plan of government; +and leads us rather to think, that, like a wise man, he contented +himself with reforming, extending, and executing the institutions +which he found previously established. But, on the whole, such +success attended his legislation, that every thing bore suddenly a new +face in England: robberies and iniquities of all kinds were repressed +by the punishment or reformation of the criminals [r]: and so exact +was the general police, that Alfred, it is said, hung up, by way of +bravado, golden bracelets near the highways; and no man dared to touch +them [s]. Yet, amidst these rigours of justice, this great prince +preserved the most sacred regard to the liberty of his people; and it +is a memorable sentiment preserved in his will, That it was just the +English should for ever remain as free as their own thoughts [t]. +[FN [q] Le Miroir de Justice. [r] Ingulph. p. 27. [s] W Malmes. lib. +2. cap. 4. [t] Asser. p. 24.] + +As good morals and knowledge are almost inseparable in every age, +though not in every individual; the care of Alfred for the +encouragement of learning among his subjects was another useful branch +of his legislation, and tended to reclaim the English from their +former dissolute and ferocious manners: but the king was guided in +this pursuit, less by political views, than by his natural bent and +propensity towards letters. When he came to the throne, he found the +nation sunk into the grossest ignorance and barbarism, proceeding from +the continued disorders in the government, and from the ravages of the +Danes: the monasteries were destroyed, the monks butchered or +dispersed, their libraries burnt; and thus the only seats of erudition +in those ages were totally subverted. Alfred himself complains, that +on his accession he knew not one person, south of the Thames, who +could so much as interpret the Latin service; and very few in the +northern parts, who had reached even that pitch of erudition. But +this prince invited over the most celebrated scholars from all parts +of Europe; he established schools every where for the instruction of +his people; he founded, at least repaired, the university of Oxford, +and endowed it with many privileges, revenues, and immunities; he +enjoined by law all freeholders possessed of two hides [u] of land or +more, to send their children to school for their instruction; he gave +preferment both in church and state to such only as had made some +proficiency in knowledge: and by all these expedients he had the +satisfaction, before his death, to see a great change in the face of +affairs; and in a work of his, which is still extant, he congratulates +himself on the progress which learning, under his patronage, had +already made in England. +[FN [u] A hide contained land sufficient to employ one plough. See H. +Hunt. lib. 6. in A. D. 1008. Annal. Waverl. in A.D. 1083. Gervase of +Tilbury says, it commonly contained about 100 acres.] + +But the most effectual expedient, employed by Alfred, for the +encouragement of learning, was his own example, and the constant +assiduity with which, notwithstanding the multiplicity and urgency of +his affairs, he employed himself in the pursuits of knowledge. He +usually divided his time into three equal portions: one was employed +in sleep, and the refection of his body by diet and exercise; another +in the despatch of business; a third in study and devotion; and that +he might more exactly measure the hours, he made use of burning tapers +of equal length, which he fixed in lanterns [w]; an expedient suited +to that rude age, when the geometry of dialling, and the mechanism of +clocks and watches, were totally unknown. And by such a regular +distribution of his time, though he often laboured under great bodily +infirmities [x], this martial hero, who fought in person fifty-six +battles by sea and land [y], was able, during a life of no +extraordinary length, to acquire more knowledge, and even to compose +more books, than most studious men, though blessed with the greatest +leisure and application, have, in more fortunate ages, made the object +of their uninterrupted industry. +[FN [w] Asser. p. 20. W. Malm. lib. 2. cap. 4. Ingulph. p. 870. [x] +Asser. p. 4, 12, 13, 17. [y] W. Malm. lib. 4. cap. 4.] + +Sensible that the people, at all times, especially when their +understandings are obstructed by ignorance and bad education, are not +much susceptible of speculative instruction, Alfred endeavoured to +convey his morality by apologues, parables, stories, apophthegms, +couched in poetry; and besides propagating among his subjects former +compositions of that kind, which he found in the Saxon tongue [z], he +exercised his genius in inventing works of a like nature [a], as well +as in translating from the Greek the elegant fables of Aesop. He also +gave Saxon translations of Orosius's and Bede's histories; and of +Boethius concerning the consolation of philosophy [b]. And he deemed +it nowise derogatory from his other great characters of sovereign, +legislator, warrior, and politician, thus to lead the way to his +people in the pursuits of literature. +[FN [z] Asser. p. 13. [a] Spellman, p. 124. Abbas Rieval, p. 355. +[b] W. Malm. lib. 2. cap. 4. Brompton, p. 814.] + +Meanwhile, this prince was not negligent in encouraging the vulgar and +mechanical arts, which have a more sensible, though not a closer, +connexion with the interests of society. He invited, from all +quarters, industrious foreigners to repeople his country, which had +been desolated by the ravages of the Danes [c]. He introduced and +encouraged manufactures of all kinds; and no inventor or improver of +any ingenious art did he suffer to go unrewarded [d]. He prompted men +of activity to betake themselves to navigation, to push commerce into +the most remote countries, and to acquire riches by propagating +industry among their fellow-citizens. He set apart a seventh portion +of his own revenue for maintaining a number of workmen, whom he +constantly employed in rebuilding the ruined cities, castles, palaces, +and monasteries [e]. Even the elegancies of life were brought to him +from the Mediterranean and the Indies [f]; and his subjects, by seeing +those productions of the peaceful arts, were taught to respect the +virtues of justice and industry, from which alone they could arise. +Both living and dead, Alfred was regarded by foreigners, no less than +by his own subjects, as the greatest prince after Charlemagne that had +appeared in Europe during several ages, and as one of the wisest and +best that had ever adorned the annals of any nation. +[FN [c] Asser. p. 13. Flor. Wigorn. p. 588. [d] Asser. p. 20. [e] +Asser. p. 20. W. Malmes. lib. 2. cap. 4. [f] W. Malmes. lib. 2. cap. +4.] + +Alfred had, by his wife, Ethelswitha, daughter of a Mercian earl, +three sons and three daughters. The eldest son, Edmund, died without +issue, in his father's lifetime. The third, Ethelward, inherited his +father's passion for letters, and lived a private life. The second, +Edward, succeeded to his power; and passes by the appellation of +Edward the Elder, being the first of that name who sat on the English +throne. + +[MN Edward the Elder. 901.] +This prince, who equalled his father in military talents, though +inferior to him in knowledge and erudition [g], found, immediately on +his accession, a specimen of that turbulent life to which all princes +and even all individuals were exposed, in an age when men, less +restrained by law or justice, and less occupied by industry, had no +aliment for their inquietude, but wars, insurrections, convulsions, +rapine, and depredation. Ethelwald, his cousin-german, son of King +Ethelbert, the elder brother of Alfred, insisted on his preferable +title [h]; and arming his partisans, took possession of Winburne, +where he seemed determined to defend himself to the last extremity, +and to await the issue of his pretensions [i]. But when the king +approached the town with a great army, Ethelwald, having the prospect +of certain destruction, made his escape, and fled first into Normandy, +thence into Northumberland; where he hoped that the people, who had +been recently subdued by Alfred, and who were impatient of peace, +would, on the intelligence of that great prince's death, seize the +first pretence or opportunity of rebellion. The event did not +disappoint his expectations: the Northumbrians declared for him [k]; +and Ethelwald having thus connected his interests with the Danish +tribes, went beyond sea, and collecting a body of these freebooters, +he excited the hopes of all those who had been accustomed to subsist +by rapine and violence [l]. The East Anglian Danes joined his party: +the Five-burgers, who were seated in the heart of Mercia, began to put +themselves in motion; and the English found that they were again +menaced with those convulsions, from which the valour and policy of +Alfred had so lately rescued them. The rebels, headed by Ethelwald, +made an incursion into the Counties of Gloucester, Oxford, and Wilts; +and having exercised their ravages in these places, they retired with +their booty, before the king, who had assembled an army, was able to +approach them. Edward, however, who was determined that his +preparations should not be fruitless, conducted his forces into East +Anglia, and retaliated the injuries which the inhabitants had +committed, by spreading the like devastation among them. Satiated +with revenge, and loaded with booty, he gave orders to retire: but the +authority of those ancient kings, which was feeble in peace, was not +much better established in the field; and the Kentish men, greedy of +more spoil, ventured, contrary to repeated orders, to stay behind him, +and to take up their quarters in Bury. This disobedience proved in the +issue fortunate to Edward. The Danes assaulted the Kentish men; but +met with so vigorous a resistance, that, though they gained the field +of battle, they bought that advantage by the loss of their bravest +leaders, and among the rest, by that of Ethelwald, who perished in the +action [m]. The king, freed from the fear of so dangerous a +competitor, made peace on advantageous terms with the East Angles [n]. +[FN [g] W. Malmes lib. 2. cap. 5 Hoveden, p. 421. [h] Chron. Sax. p. +99, 100. [i] Ibid. p. 100. H. Hunting. lib. 5. p. 352. [k] Chron. +Sax. p. 100. H. Hunting. lib. 5. p. 352. [l] Chron. Sax. p. 100. +Chron. Abb. St. Petri de Burgo, p. 24. [m] Chron. Sax. p. 101. +Brompton, p. 832. [n] Chron. Sax. p. 102. Brompton, p. 832. Matth. +West. p. 181.] + +In order to restore England to such a state of tranquillity as it was +then capable of attaining, nought was wanting but the subjection of +the Northumbrians, who, assisted by the scattered Danes in Mercia, +continually infested the bowels of the kingdom. Edward, in order to +divert the force of these enemies, prepared a fleet to attack them by +sea; hoping that, when his ships appeared on their coast, they must at +least remain at home, and provide for their defence. But the +Northumbrians were less anxious to secure their own property, than +greedy to commit spoil on their enemy; and concluding, that the chief +strength of the English was embarked on board the fleet, they thought +the opportunity favourable, and entered Edward's territories with all +their forces. The king, who was prepared against this event, attacked +them on their return at Tetenhall, in the county of Stafford, put them +to rout, recovered all the booty, and pursued them with great +slaughter into their own country. + +All the rest of Edward's reign was a scene of continued and successful +action against the Northumbrians, the East Angles, the Five-burgers, +and the foreign Danes who invaded him from Normandy and Britany. Nor +was he less provident in putting his kingdom in a posture of defence, +than vigorous in assaulting the enemy. He fortified the towns of +Chester, Eddesbury, Warwick, Cherbury, Buckingham, Towcester, Maldon, +Huntingdon, and Colchester. He fought two signal battles at Temsford +and Maldon [o]. He vanquished Thurketill, a great Danish chief, and +obliged him to retire with his followers into France, in quest of +spoil and adventures. He subdued the East Angles, and forced them to +swear allegiance to him; he expelled the two rival princes of +Northumberland, Reginald and Sidroc, and acquired, for the present, +the dominion of that province: several tribes of the Britons were +subjected by him; and even the Scots, who, during the reign of Egbert, +had, under the conduct of Kenneth their king, increased their power by +the final subjection of the Picts, were nevertheless obliged to give +him marks of submission [p]. In all these fortunate achievements he +was assisted by the activity and prudence of his sister, Ethelfleda, +who was widow of Ethelbert, Earl of Mercia, and who, after her +husband's death, retained the government of that province. This +princess, who had been reduced to extremity in childbed, refused +afterwards all commerce with her husband; not from any weak +superstition, as was common in that age, but because she deemed all +domestic occupations unworthy of her masculine and ambitious spirit +[q]. She died before her brother; and Edward, during the remainder of +his reign, took upon himself the immediate government of Mercia, which +before had been entrusted to the authority of a governor [r]. The +Saxon Chronicle fixes the death of this prince in 925 [s]: his kingdom +devolved to Athelstan, his natural son. +[FN [o] Chron. Sax. p. 108. Flor. Wigorn. p. 601. [p] Chron. Sax. p. +110. Hoveden, p. 421. [q] W. Malmes. lib. 2. cap. 5. M. West. p. +182. Ingulph. p. 28. Higden, p. 261. [r] Chron. Sax. p. 110. +Brompton, p. 831. [s] Page 110.] + +[MN Athelstan 925.] +The stain in this prince's birth was not, in those times, deemed so +considerable as to exclude him from the throne; and Athelstan, being +of an age, as well as of a capacity fitted for government, obtained +the preference to Edward's younger children, who, though legitimate, +were of too tender years to rule a nation so much exposed both to +foreign invasion and to domestic convulsions. Some discontents, +however, prevailed on his accession; and Alfred, a nobleman of +considerable power, was thence encouraged to enter into a conspiracy +against him. This incident is related by historians with +circumstances, which the reader, according to the degree of credit he +is disposed to give them, may impute either to the invention of monks, +who forged them, or to their artifice, who found means of making them +real. Alfred, it is said, being seized upon strong suspicions, but +without any certain proof, firmly denied the .conspiracy imputed to +him; and in order to justify himself, he offered to swear to his +innocence before the pope, whose person, it was supposed, contained +such superior sanctity, that no one could presume to give a false oath +in his presence, and yet hope to escape the immediate vengeance of +heaven. The king accepted of the condition, and Alfred was conducted +to Rome; where, either conscious of his innocence, or neglecting the +superstition to which he appealed, he ventured to make the oath +required of him before John, who then filled the papal chair. But no +sooner had he pronounced the fatal words, than he fell into +convulsions, of which three days after he expired. The king, as if +the guilt of the conspirator were now fully ascertained, confiscated +his estate, and made a present of it to the monastery of Malmesbury +[t]; secure that no doubts would ever thenceforth be entertained +concerning the justice of his proceedings. +[FN [t] W. Malmes. lib. 2. cap. 6. Spell. Conc. p. 407.] + +The dominion of Athelstan was no sooner established over his English +subjects, than he endeavoured to give security to the government, by +providing against the insurrections of the Danes, which had created so +much disturbance to his predecessors. He marched into Northumberland; +and finding that the inhabitants bore with impatience the English +yoke, he thought it prudent to confer on Sithric, a Danish nobleman, +the title of king, and to attach him to his interests, by giving him +his sister, Editha, in marriage. But this policy proved by accident +the source of dangerous consequences. Sithric died in a twelvemonth +after; and his two sons by a former marriage, Anlaf and Godfrid, +founding pretensions on their father's elevation, assumed the +sovereignty without waiting for Athelstan's consent. They were soon +expelled by the power of that monarch; and the former took shelter in +Ireland, as the latter did in Scotland; where he received, during some +time, protection from Constantine, who then enjoyed the crown of that. +kingdom. The Scottish prince, however, continually solicited, and +even menaced by Athelstan, at last promised to deliver up his guest; +but secretly detesting this treachery, he gave Godfrid warning to make +his escape [u]; and that fugitive, after subsisting by piracy for some +years, freed the king by his death from any farther anxiety. +Athelstan, resenting Constantine's behaviour, entered Scotland with an +army; and ravaging the country with impunity [w], he reduced the Scots +to such distress, that their king was content to preserve his crown, +by making submissions to the enemy. The English historians assert +[x], that Constantine did homage to Athelstan for his kingdom; and +they add, that the latter prince, being urged by his courtiers to push +the present favourable opportunity, and entirely subdue Scotland, +replied, that it was more glorious to confer than conquer kingdoms +[y]. But those annals, so uncertain and imperfect in themselves, lose +all credit when national prepossessions and animosities have place: +and on that account, the Scotch historians, who, without having any +more knowledge of the matter, strenuously deny the fact, seem more +worthy of belief. +[FN [u] W. Malm. lib. 2. cap. 6. [w] Chron. Sax. p. 111. Hoveden, p. +422. H. Hunting. lib. 5. p. 354. [x] Hoveden, p. 422. [y] Wm. +Malmes. lib. 2. cap. 6. Anglia Sacra, vol. i. p. 212.] + +Constantine, whether he owed the retaining of his crown to the +moderation of Athelstan, who was unwilling to employ all his +advantages against him, or to the policy of that prince, who esteemed +the humiliation of an enemy a greater acquisition than the subjection +of a discontented and mutinous people, thought the behaviour of the +English monarch more an object of resentment than of gratitude. He +entered into a confederacy with Anlaf, who had collected a great body +of Danish pirates, whom he found hovering in the Irish seas; and with +some Welsh princes, who were terrified at the growing power of +Athelstan: and all these allies made by concert an irruption with a +great army into England. Athelstan, collecting his forces, met the +enemy near Brunsbury, in Northumberland, and defeated them in a +general engagement. This victory was chiefly ascribed to the valour +of Turketul, the English chancellor: for in those turbulent ages no +one was so much occupied in civil employments, as wholly to lay aside +the military character [z]. +[FN [z] The office of chancellor among the Anglo-Saxons resembled more +that of a secretary of state, than that of our present chancellor. +See Spellman, in voce CHANCELLARIUS.] + +There is a circumstance not unworthy of notice, which historians +relate, with regard to the transactions of this war. Anlaf, on the +approach of the English army, thought that he could not venture too +much to ensure a fortunate event; and, employing the artifice formerly +practised by Alfred against the Danes, he entered the enemy's camp in +the habit of a minstrel. The stratagem was for the present attended +with like success. He gave such satisfaction to the soldiers who +flocked about him, that they introduced him to the king's tent; and +Anlaf, having played before that prince and his nobles during their +repast, was dismissed with a handsome reward. His prudence kept him +from refusing the present; but his pride determined him, on his +departure, to bury it, while he fancied that he was unespied by all +the world. But a soldier in Athelstan's camp, who had formerly served +under Anlaf, had been struck with some suspicion on the first +appearance of the minstrel; and was engaged by curiosity to observe +all his motions. He regarded this last action as a full proof of +Anlaf's disguise; and he immediately carried the intelligence to +Athelstan, who blamed him for not sooner giving him information, that +he might have seized his enemy. But the soldier told him, that, as he +had formerly sworn fealty to Anlaf, he could never have pardoned +himself the treachery of betraying and ruining his ancient master; and +that Athelstan himself, after such an instance of his criminal +conduct, would have had equal reason to distrust his allegiance. +Athelstan, having praised the generosity of the soldier's principles, +reflected on the incident, which he foresaw might be attended with +important consequences. He removed his station in the camp; and as a +bishop arrived that evening with a reinforcement of troops, (for the +ecclesiastics were then no less warlike than the civil magistrates,) +he occupied with his train that very place which had been left vacant +by the king's removal. The precaution of Athelstan was found prudent: +for no sooner had darkness fallen, than Anlaf broke into the camp, and +hastening directly to the place where he had left the king's tent, put +the bishop to death before he had time to prepare for his defence [a]. +[FN [a] W. Malmes. lib. 2 cap. 6. Higden, p. 263] + +There fell several Danish and Welsh princes in the action of Brunsbury +[b]; and Constantine and Anlaf made their escape with difficulty, +leaving the greater part of their army on the field of battle. After +this success, Athelstan enjoyed his crown in tranquillity; and he is +regarded as one of the ablest and most active of those ancient +princes. He passed a remarkable law, which was calculated for the +encouragement of commerce, and which it required some liberality of +mind in that age to have devised: that a merchant, who had made three +long sea-voyages on his own account, should be admitted to the rank of +a Thane or Gentleman. This prince died at Gloucester in the year 941 +[c], after a reign of sixteen years, and was succeeded by Edmund, his +legitimate brother. +[FN [b] Brompton, p. 839 Ingulph. p. 29 [c] Chron. Sax. p. 114.] + +[MN Edmund 941.] +Edmund, on his accession, met with disturbance from the restless +Northumbrians, who lay in wait for every opportunity of breaking into +rebellion. But marching suddenly with his forces into their country, +he so overawed the rebels, that they endeavoured to appease him by the +most humble submissions [d]. In order to give him a surer pledge of +their obedience, they offered to embrace Christianity; a religion +which the English Danes had frequently professed, when reduced to +difficulties, but which, for that very reason, they regarded as a +badge of servitude, and shook off as soon as a favourable opportunity +offered. Edmund, trusting little to their sincerity in this forced +submission, used the precaution of removing the Five-burgers from the +towns of Mercia, in which they had been allowed to settle; because it +was always found, that they took advantage of every commotion, and +introduced the rebellious, or foreign Danes, into the heart of the +kingdom. He also conquered Cumberland from the Britons; and conferred +that territory on Malcolm, King of Scotland, on condition that he +should do him homage for it, and protect the north from all future +incursions of the Danes. +[FN [d] W. Malmes. lib. 2. cap. 7. Brompton, p. 857] + +Edmund was young when he came to the crown; yet was his reign short, +as his death was violent. One day as he was solemnizing a festival in +the county of Gloucester, he remarked, that Leolf, a notorious robber, +whom he had sentenced to banishment, had yet the boldness to enter the +hall where he himself dined, and to sit at table with his attendants. +Enraged at this insolence, he ordered him to leave the room; but on +his refusing to obey, the king, whose temper, naturally choleric, was +inflamed by this additional insult, leaped on him himself, and seized +him by the hair: but the ruffian, pushed to extremity, drew his +dagger, and gave Edmund a wound, of which he immediately expired. +This event happened in the year 946, and in the sixth year of the +king's reign. Edmund left male issue, but so young, that they were +incapable of governing the kingdom; and his brother, Edred, was +promoted to the throne. + +[MN Edred 946.] +The reign of this prince, as those of his predecessors, was disturbed +by the rebellions and incursions of the Northumbrian Danes, who, +though frequently quelled, were never entirely subdued, nor had ever +paid a sincere allegiance to the crown of England. The accession of a +new king seemed to them a favourable opportunity for shaking off the +yoke; but on Edred's appearance with an army, they made him their +wonted submissions; and the king having wasted the country with fire +and sword, as a punishment for their rebellion, obliged them to renew +their oaths of allegiance; and he straight retired with his forces. +The obedience of the Danes lasted no longer than the present terror. +Provoked at the devastations of Edred, and even reduced by necessity +to subsist on plunder, they broke into a new rebellion, and were again +subdued; but the king, now instructed by experience, took greater +precautions against their future revolt. He fixed English garrisons +in their most considerable towns; and placed over them an English +governor, who might watch all their motions, and suppress any +insurrection on its first appearance. He obliged also Malcolm, King +of Scotland, to renew his homage for the lands which he held in +England. + +Edred, though not unwarlike, nor unfit for active life, lay under the +influence of the lowest superstition, and had blindly delivered over +his conscience to the guidance of Dunstan, commonly called St. +Dunstan, Abbot of Glastonbury, whom he advanced to the highest +offices, and who covered, under the appearance of sanctity, the most +violent and most insolent ambition. Taking advantage of the implicit +confidence reposed in him by the king, this churchman imported into +England a new order of monks, who much changed the state of +ecclesiastical affairs, and excited, on their first establishment, the +most violent commotions. + +From the introduction of Christianity among the Saxons, there had been +monasteries in England; and these establishments had extremely +multiplied, by the donations of the princes and nobles; whose +superstition, derived from their ignorance and precarious life, and +increased by remorse for the crimes into which they were so frequently +betrayed, knew no other expedient for appeasing the Deity than a +profuse liberality towards the ecclesiastics. But the monks had +hitherto been a species of secular priests, who lived after the manner +of the present canons or prebendaries, and were both intermingled, in +some degree, with the world, and endeavoured to render themselves +useful to it. They were employed in the education of youth [e]: they +had the disposal of their own time and industry: they were not +subjected to the rigid rules of an order: they had made no vows of +implicit obedience to their superiors [f]: and they still retained the +choice, without quitting the convent, either of a married or a single +life [g]. But a mistaken piety had produced in Italy a new species of +monks called Benedictines; who, carrying farther the plausible +principles of mortification, secluded themselves entirely from the +world, renounced all claim to liberty, and made a merit of the most +inviolable chastity. These practices and principles, which +superstition at first engendered, were greedily embraced and promoted +by the policy of the court of Rome. The Roman pontiff, who was making +every day great advances towards an absolute sovereignty over the +ecclesiastics, perceived that the celibacy of the clergy alone could +break off entirely their connexion with the civil power, and depriving +them of every other object of ambition, engage them to promote, with +unceasing industry, the grandeur of their own order. He was sensible, +that so long as the monks were indulged in marriage, and were +permitted to rear families, they never could be subjected to strict +discipline, or reduced to that slavery under their superiors, which +was requisite to procure to the mandates issued from Rome, a ready and +zealous obedience. Celibacy, therefore, began to be extolled, as the +indispensable duty of priests; and the pope undertook to make all the +clergy throughout the western world renounce at once the privilege of +marriage: a fortunate policy; but at the same time an undertaking the +most difficult of any, since he had the strongest propensities of +human nature to encounter, and found, that the same connexions with +the female sex, which generally encourage devotion, were here +unfavourable to the success of his project. It is no wonder +therefore, that this master-stroke of art should have met with violent +contradiction, and that the interests of the hierarchy, and the +inclinations of the priests, being now placed in this singular +opposition, should, notwithstanding the continued efforts of Rome, +have retarded the execution of that bold scheme, during the course of +near three centuries. +[FN [e] Osberne in Anglia Sacra, tom. 2. p. 92. [f] Osberne, p. 91. +[g] See Wharton's notes to Anglia Sacra, tom. 2. p. 91. Gervase, p. +1645. Chron Wint. MS. apud Spell. Conc. p. 434.] + +As the bishops and parochial clergy lived apart with their families, +and were more connected with the world, the hopes of success with them +were fainter; and the pretence for making them renounce marriage was +much less plausible. But the pope, having cast his eye on the monks +as the basis of his authority, was determined to reduce them under +strict rules of obedience, to procure them the credit of sanctity by +an appearance of the most rigid mortification, and to break off all +their other ties which might interfere with his spiritual policy. +Under pretence, therefore, of reforming abuses, which were, in some +degree, unavoidable in the ancient establishments, he had already +spread over the southern countries of Europe the severe laws of the +monastic life, and began to form attempts towards a like innovation in +England. The favourable opportunity offered itself, (and it was +greedily seized,) arising from the weak, superstition of Edred, and +the violent impetuous character of Dunstan. + +Dunstan was born of noble parents in the west of England; and being +educated under his uncle Aldhelm, then Archbishop of Canterbury, had +betaken himself to the ecclesiastical life, and had acquired some +character in the court of Edmund. He was, however, represented to +that prince as a man of licentious manners [h]: and finding his +fortune blasted by these suspicions, his ardent ambition prompted him +to repair his indiscretions by running into an opposite extreme. He +secluded himself entirely from the world; he framed a cell so small, +that he could neither stand erect in it nor stretch out his limbs +during his repose; and he here employed himself perpetually either in +devotion or in manual labour [i]. It is probable, that his brain +became gradually crazed by these solitary occupations, and that his +head was filled with chimeras, which, being believed by himself and +his stupid votaries, procured him the general character of sanctity +among the people. He fancied that the devil, among the frequent +visits which he paid him, was one day more earnest than usual in his +temptations; till Dunstan, provoked at his importunity, seized him by +the nose with a pair of red-hot pincers, as he put his head into the +cell; and he held him there till that malignant spirit made the whole +neighbourhood resound with his bellowings. This notable exploit was +seriously credited and extolled by the public: it is transmitted to +posterity by one who, considering the age in which he lived, may pass +for a writer of some eloquence [k]; and it ensured to Dunstan a +reputation which no real piety, much less virtue, could, even in the +most enlightened period, have ever procured him with the people. +[FN [h] Osberne, p. 95 Matth West, p. 187. [i] Osberne, p. 96. [k] +Osberne, p. 97.] + +Supported by the character obtained in his retreat, Dunstan appeared +again in the world; and gained such an ascendant over Edred, who had +succeeded to the crown, as made him not only the director of that +prince's conscience, but his counsellor in the most momentous affairs +of government. He was placed at the head of the treasury [l], and +being thus possessed both of power at court, and of credit with the +populace, he was enabled to attempt with success the most arduous +enterprises. Finding that his advancement had been owing to the +opinion of his austerity, he professed himself a partisan of the rigid +monastic rules; and after introducing that reformation into the +convents of Glastonbury and Abingdon, he endeavoured to render it +universal in the kingdom. +[FN [1] Ibid. p. 102. Wallingford, p. 541.] + +The minds of men were already well prepared for this innovation. The +praises of an inviolable chastity had been carried to the highest +extravagance by some of the first preachers of Christianity among the +Saxons: the pleasures of love had been represented as incompatible +with Christian perfection; and a total abstinence from all commerce +with the sex was deemed such a meritorious penance, as was sufficient +to atone for the greatest enormities. The consequence seemed natural, +that those, at least, who officiated at the altar should be clear of +this pollution; and when the doctrine of transubstantiation, which was +now creeping in [m], was once fully established, the reverence to the +real body of Christ in the eucharist bestowed on this argument an +additional force and influence. The monks knew how to avail +themselves of all these popular topics, and to set off their own +character to the best advantage. They affected the greatest austerity +of life and manners: they indulged themselves in the highest strains +of devotion: they inveighed bitterly against the vices and pretended +luxury of the age: they were particularly vehement against the +dissolute lives of the secular clergy, their rivals: every instance of +libertinism in any individual of that order was represented as a +general corruption: and where other topics of defamation were wanting, +their marriage became a sure subject of invective, and their wives +received the name of CONCUBINE, or other more opprobrious appellation. +The secular clergy, on the other hand, who were numerous and rich, and +possessed of the ecclesiastical dignities, defended themselves with +vigour, and endeavoured to retaliate upon their adversaries. The +people were thrown into agitation; and few instances occur of more +violent dissensions, excited by the most material differences in +religion, or rather by the most frivolous: since it is a just remark, +that the more affinity there is between theological parties, the +greater commonly is their animosity. +[FN [m] Spell. Conc. v. i. p. 452.] + +The progress of the monks, which was become considerable, was somewhat +retarded by the death of Edred, their partisan, who expired after a +reign of nine years [n]. He left children; but as they were infants, +his nephew, Edwy, son of Edmund, was placed on the throne. +[FN [n] Chron. Sax. p. 115.] + +[MN Edwy. 955.] +Edwy, at the time of his accession, was not above sixteen or seventeen +years of age, was possessed of the most amiable figure, and was even +endowed, according to authentic accounts, with the most promising +virtues [o]. He would have been the favourite of his people, had he +not unhappily, at the commencement of his reign, been engaged in a +controversy with the monks, whose rage, neither the graces of the body +nor virtues of the mind could mitigate, and who have pursued his +memory with the same unrelenting vengeance which they exercised +against his person and dignity during his short and unfortunate reign. +There was a beautiful princess of the royal blood, called Elgiva, who +had made impression on the tender heart of Edwy; and as he was of an +age when the force of the passions first begins to be felt, he had +ventured, contrary to the advice of his gravest counsellors, and the +remonstrances of the more dignified ecclesiastics [p], to espouse her; +though she was within the degrees of affinity prohibited by the canon +law [q]. As the austerity affected by the monks made them +particularly violent on this occasion, Edwy entertained a strong +prepossession against them; and seemed, on that account, determined +not to second their project of expelling the seculars from all the +convents, and of possessing themselves of those rich establishments. +War was therefore declared between the king and the monks; and the +former soon found reason to repent his provoking such dangerous +enemies. On the day of his coronation, his nobility were assembled in +a great hall, and were indulging themselves in that riot and disorder, +which, from the example of their German ancestors, had become habitual +to the English [r]; when Edwy, attracted by softer pleasures, retired +into the queen's apartment, and in that privacy gave reins to his +fondness towards his wife, which was only moderately checked by the +presence of her mother. Dunstan conjectured the reason of the king's +retreat; and carrying along with him Odo, Archbishop of Canterbury, +over whom he had gained an absolute ascendant, he burst into the +apartment, upbraided Edwy with his lasciviousness, probably bestowed +on the queen the most opprobrious epithet that can be applied to her +sex, and tearing him from her arms, pushed him back, in a disgraceful +manner, into the banquet of the nobles [s]. Edwy, though young, and +opposed by the prejudices of the people, found an opportunity of +taking revenge for this public insult. He questioned Dunstan +concerning the administration of the treasury during the reign of his +predecessor [t]; and when that minister refused to give any account of +money expended, as he affirmed, by orders of the late king, he accused +him of malversation in his office and banished him the kingdom. But +Dunstan's cabal was not inactive during his absence; they filled the +public with high panegyrics on his sanctity; they exclaimed against +the impiety of the king and queen; and having poisoned the minds of +the people by these declamations, they proceeded to still more +outrageous acts of violence against the royal authority. Archbishop +Odo sent into the palace a party of soldiers, who seized the queen, +and, having burned her face with a red-hot iron, in order to destroy +that fatal beauty which had seduced Edwy, they carried her by force +into Ireland, there to remain in perpetual exile [u]. Edwy, finding +it in vain to resist, was obliged to consent to his divorce, which was +pronounced by Odo [w]; and catastrophe, still more dismal, awaited the +unhappy Elgiva. That amiable princess, being cured of her wounds, and +having even obliterated the scars with which Odo had hoped to deface +her beauty, returned into England, and was flying to the embraces of +the king, whom she still regarded as her husband; when she fell into +the hands of a party, whom the primate had sent to intercept her. +Nothing but her death could now give security to Odo and the monks; +and the most cruel death was requisite to satiate their vengeance. +She was hamstringed; and expired a few days after at Gloucester, in +the most acute torments [x]. +[FN [o] H. Hunting. lib. 5. p. 356. [p] W. Malmes. lib. 2. cap. 7. +[q] Ibid. [r] Wallingford, p. 542. [s] W. Malmes. lib. 2. cap. 7. +Osberne, p. 83, 105. M. West. p. 195, 196. [t] Wallingford, p. 542. +Alur. Beverl. p. 112. [u] Osberne, p. 84. Gervase, p. 1644. [w] +Hoveden, p. 425. [x] Osberne, p. 84. Gervase, p. 1645, 1646.] + +The English, blinded with superstition, instead of being shocked with +this inhumanity, exclaimed that the misfortunes of Edwy and his +consort were a just judgment for their dissolute contempt of the +ecclesiastical statutes. They even proceeded to rebellion against +their sovereign; and having placed Edgar at their head, the younger +brother of Edwy, a boy of thirteen years of age, they soon put him in +possession of Mercia, Northumberland, East Anglia; and chased Edwy +into the southern counties. That it might not be doubtful at whose +instigation this revolt was undertaken, Dunstan returned into England, +and took upon him the government of Edgar and his party. He was first +installed in the see of Worcester, then in that of London [y], and on +Odo's death, and the violent expulsion of Brithelm, his successor, in +that of Canterbury [z]; of all which he long kept possession. Odo is +transmitted to us by the monks under the character of a man of piety; +Dunstan was even canonized: and is one of those numerous saints of the +same stamp who disgrace the Romish calendar. Meanwhile the unhappy +Edwy was excommunicated [a], and pursued with unrelenting vengeance; +but his death, which happened soon after, freed his enemies from all +further inquietude, and gave Edgar peaceable possession of the +government [b]. +[FN [y] Chron. Sax. p. 117. Flor Wigorn. p. 605. Wallingford, p. 544 +[z] Hoveden p. 425. Osberne, p. 109. [a] Brompton, p. 863. [b] See +note [B] at the end of the volume.] + +[MN Edgar.] +This prince, who mounted the throne in such early youth, soon +discovered an excellent capacity in the administration of affairs; and +his reign is one of the most fortunate that we meet with in the +ancient English history. He showed no aversion to war, he made the +wisest preparations against invaders; and by his vigour and foresight +he was enabled, without any danger of suffering insults, to indulge +his inclination towards peace, and to employ himself in supporting and +improving the internal government of his kingdom. He maintained a +body of disciplined troops; which he quartered in the north, in order +to keep the mutinous Northumbrians in subjection, and to repel the +inroads of the Scots. He built and supported a powerful navy [c]; and +that he might retain the seamen in the practice of their duty, and +always present a formidable armament to his enemies, he stationed +three squadrons off the coast, and ordered them to make, from time to +time, the circuit of his dominions [d]. The foreign Danes dared not +to approach a country which appeared in such a posture of defence: the +domestic Danes saw inevitable destruction to be the consequence of +their tumults and insurrections: the neighbouring sovereigns, the King +of Scotland, the Princes of Wales, of the Isle of Man, of the Orkneys, +and even of Ireland [e], were reduced to pay submission to so +formidable a monarch. He carried his superiority to a great height, +and might have excited an universal combination against him, had not +his power been so well established as to deprive his enemies of all +hope of shaking it. It is said, that residing once at Chester, and +having purposed to go by water to the abbey of St. John the Baptist, +he obliged eight of his tributary princes to row him in a barge upon +the Dee [f]. The English historians are fond of mentioning the name +of Kenneth III, King of Scots, among the number: the Scottish +historians either deny the fact, or assert that their king, if ever he +acknowledged himself a vassal to Edgar, did him homage not for his +crown, but for the dominions which he held in England. +[FN [c] Higden, p. 265. [d] See note [C] at the end of the volume. +[e] Spell. Conc. p. 32. [f] W. Malmes. lib. 2. cap. 8. Hoveden, p. +406. H. Hunting. lib. 5. p. 356.] + +But the chief means by which Edgar maintained his authority, and +preserved public peace, was the paying of court to Dunstan and the +monks, who had at first placed him on the throne, and who, by their +pretensions to superior sanctity and purity of manners, had acquired +an ascendant over the people. He favoured their scheme for +dispossessing the secular canons of all the monasteries [g]; he +bestowed preferment on none but their partisans; he allowed Dunstan to +resign the see of Worcester into the hands of Oswald, one of his +creatures [h]; and to place Ethelwold, another of them, in that of +Winchester [i]; he consulted these prelates in the administration of +all ecclesiastical, and even in that of many civil affairs; and though +the vigour of his own genius prevented him from being implicitly +guided by them, the king and the bishops found such advantages in +their mutual agreement, that they always acted in concert, and united +their influence in preserving the peace and tranquillity of the +kingdom. +[FN [g] Chron. Sax. p. 117, 118. W. Malmes. lib. 2. cap. 8. Hoveden, +p. 425, 426 Osberne, p. 112. [h] W. Malmes. lib. 2. cap. 8. +Hoveden, p. 425.] + +In order to complete the great work of placing the new order of monks +in all the convents, Edgar summoned a general council of the prelates +and the heads of the religious orders. He here inveighed against the +dissolute lives of the secular clergy; the smallness of their tonsure, +which, it is probable, maintained no longer any resemblance to the +crown of thorns; their negligence in attending the exercise of their +function; their mixing with the laity in the pleasures of gaming, +hunting, dancing, and singing; and their openly living with +concubines, by which it is commonly supposed he meant their wives. He +then turned himself to Dunstan, the primate; and in the name of King +Edred, whom he supposed to look down from heaven with indignation +against all those enormities, he thus addressed him: "It is you, +Dunstan, by whose advice I founded monasteries, built churches, and +expended my treasure in the support of religion and religious houses. +You were my counsellor and assistant in all my schemes: you were the +director of my conscience: to you I was obedient in all things. When +did you call for supplies which I refused you? Was my assistance ever +wanting to the poor? Did I deny support and establishments to the +clergy and the convents? Did I not hearken to your instructions, who +told me that these charities were, of all others, the most grateful to +my Maker, and fixed a perpetual fund for the support of religion? And +are all our pious endeavours now frustrated by the dissolute lives of +the priests? Not that I throw any blame on you; you have reasoned, +besought, inculcated, inveighed; but it now behoves you to use sharper +and more vigorous remedies; and conjoining your spiritual authority +with the civil power, to purge effectually the temple of God from +thieves and intruders [k]." It is easy to imagine that this harangue +had the desired effect; and that, when the king and prelates thus +concurred with the popular prejudices, it was not long before the +monks prevailed, and established their new discipline in almost all +the convents. +[FN [i] Gervase, p. 1646. Brompton, p. 864. Flor. Wigorn. p. 606. +Chron. Abb. St. Petri de Burgo, p 27, 28. [k] Abbas Rieval. p. 360, +361. Spell. Conc. p. 476, 477, 478] + +We may remark, that the declamations against the secular clergy are, +both here and in all the historians, conveyed in general terms; and as +that order of men are commonly restrained by the decency of their +character, it is difficult to believe that the complaints against +their dissolute manners could be so universally just as is pretended. +It is more probable that the monks paid court to the populace by an +affected austerity of life; and representing the most innocent +liberties, taken by the other clergy, as great and unpardonable +enormities, thereby prepared the way for the increase of their own +power and influence. Edgar, however, like a true politician, +concurred with the prevailing party; and he even indulged them in +pretensions, which, though they might, when complied with, engage the +monks to support royal authority during his own reign, proved +afterwards dangerous to his successors, and gave disturbance to the +whole civil power. He seconded the policy of the court of Rome, in +granting to some monasteries an exemption from episcopal jurisdiction; +he allowed the convents, even those of royal foundation, to usurp the +election of their own abbot: and he admitted their forgeries of +ancient charters, by which, from the pretended grant of former kings, +they assumed many privileges and immunities [l] +[FN [l] Chron. Sax. p. 118. W. Malmes. lib. 2. cap. 8. Seldeni +Spicileg. ad Eadm. p. 149, 157.] + +These merits of Edgar have procured him the highest panegyrics from +the monks, and he is transmitted to us, not only under the character +of a consummate statesman and an active prince, praises to which he +seems to have been justly entitled, but under that of a of a great +saint and a man of virtue. But nothing could more betray both his +hypocrisy in inveighing against the licentiousness of the secular +clergy, and the interested spirit of his partisans, in bestowing such +eulogies on his piety, than the usual tenour of his conduct, which was +licentious to the highest degree, and violated every law, human and +divine. Yet those very monks who, as we are told by Ingulf, a very +ancient historian, had no idea of any moral or religious merit, except +chastity and obedience, not only connived at his enormities, but +loaded him with the greatest praises. History, however, has preserved +some instances of his amours, from which, as from a specimen, we may +form a conjecture of the rest. + +Edgar broke into a convent, carried off Editha, a nun, by force, and +even committed violence on her person [m]. For this act of sacrilege +he was reprimanded by Dunstan; and that he might reconcile himself to +the church, he was obliged not to separate from his mistress, but to +abstain from wearing his crown during seven years, and to deprive +himself so long of that vain ornament [n]; punishment very unequal to +that which had been inflicted on the unfortunate Edwy, who, for a +marriage which, in the strictest sense, could only deserve the name +of irregular, was expelled his kingdom, saw his queen treated with +singular barbarity, was loaded with calumnies, and has been +represented to us under the most odious colours. Such is the +ascendant which may be attained, by hypocrisy and cabal, over mankind. +[FN [m] W. Malmes. lib. 2. cap. 8. Osberne, p. 3. Diceto p. 457. +Higden, p. 265, 267, 266. Spell. Conc. p. 481. [n] Osberne, p. 111.] + +There was another mistress of Edgar, with whom he first formed a +connexion by a kind of accident. Passing one day by Andover, he +lodged in the house of a nobleman, whose daughter, being endowed with +all the graces of person and behaviour, inflamed him at first sight +with the highest desire; and he resolved by any expedient to gratify +it. As he had not leisure to employ courtship or address for +attaining his purpose, he went directly to her mother, declared the +violence of his passion, and desired that the young lady might be +allowed to pass that very night with him. The mother was a woman of +virtue, and determined not to dishonour her daughter and her family by +compliance; but being well acquainted with the impetuosity of the +king's temper, she thought it would be easier, as well as safer, to +deceive than refuse him. She feigned therefore a submission to his +will; but secretly ordered a waiting maid, of no disagreeable figure, +to steal into the king's bed, after all the company should be retired +to rest. In the morning before daybreak, the damsel, agreeably to the +injunctions of her mistress, offered to retire; but Edgar, who had no +reserve in his pleasures, and whose love to his bedfellow was rather +inflamed by enjoyment, refused his consent, and employed force and +entreaties to detain her. Elfleda, (for that was the name of the +maid,) trusting to her own charms, and to the love with which, she +hoped, she had now inspired the king, made probably but a faint +resistance; and the return of light discovered the deceit to Edgar. +He had passed a night so much to his satisfaction, that he expressed +no displeasure with the old lady on account of her fraud; his love was +transferred to Elfleda; she became his favourite mistress; and +maintained her ascendant over him till his marriage with Elfrida [o]. +[FN [o] W. Malmes. lib. 2. cap. 8. Higden, p. 268.] + +The circumstances of his marriage with this lady were more singular +and more criminal. Elfrida was daughter and heir of Olgar, Earl of +Devonshire; and though she had been educated in the country, and had +never appeared at court, she had filled all England with the +reputation of her beauty. Edgar himself, who was indifferent to no +accounts of this nature, found his curiosity excited by the frequent +panegyrics which he heard of Elfrida; and reflecting on her noble +birth, he resolved, if he found her charms answerable to their fame, +to obtain possession of her on honourable terms. He communicated his +intention to Earl Athelwold, his favourite; but used the precaution, +before he made any advances to her parents, to order that nobleman, on +some pretence, to pay them a visit, and to bring him a certain account +of the beauty of their daughter. Athelwold, when introduced to the +young lady, found general report to have fallen short of the truth; +and being actuated by the most vehement love, he determined to +sacrifice to this new passion his fidelity to his master, and to the +trust reposed in him. He returned to Edgar and told him, that the +riches alone, and high quality of Elfrida, had been the ground of the +admiration paid her; and that her charms, far from being anywise +extraordinary, would have been overlooked in a woman of inferior +station. When he had, by this deceit, diverted the king from his +purpose, he took an opportunity, after some interval, of turning again +the conversation on Elfrida; he remarked, that though the parentage +and fortune of the lady had not produced on him, as on others, any +illusion with regard to her beauty, he could not forbear reflecting, +that she would, on the whole, be an advantageous match for him, and +might, by her birth and riches, make him sufficient compensation for +the homeliness of her person. If the king, therefore, gave his +approbation, he was determined to make proposals in his own behalf to +the Earl of Devonshire, and doubted not to obtain his, as well as the +young lady's consent to the marriage. Edgar, pleased with an +expedient for establishing his favourite's fortune, not only exhorted +him to execute his purpose, but forwarded his success by his +recommendations to the parents of Elfrida; and Athelwold was soon made +happy in the possession of his mistress. Dreading, however, the +detection of the artifice, he employed every pretence for detaining +Elfrida in the country, and for keeping her at a distance from Edgar. + +The violent passion of Athelwold had rendered him blind to the +necessary consequences which must attend his conduct, and the +advantages which the numerous enemies that always pursue a royal +favourite would, by its means, be able to make against him. Edgar was +soon informed of the truth; but before he would execute vengeance on +Athelwold's treachery, he resolved to satisfy himself with his own +eyes of the certainty and full extent of his guilt. He told him that +he intended to pay him a visit in his castle, and be introduced to the +acquaintance of his new married wife; and Athelwold, as he could not +refuse the honour, only craved leave to go before him a few hours, +that he might the better prepare every thing for his reception. He +then discovered the whole matter to Elfrida; and begged her, if she +had any regard either to her own honour or his life, to conceal from +Edgar, by every circumstance of dress and behaviour, that fatal +beauty, which had seduced him from fidelity to his friend, and had +betrayed him into so many falsehoods. Elfrida promised compliance, +though nothing was farther from her intentions. She deemed herself +little beholden to Athelwold for a passion which had deprived her of a +crown; and knowing the force of her own charms, she did not despair +even yet of reaching that dignity, of which her husband's artifice had +bereaved her. She appeared before the king with all the advantages +which the richest attire and the most engaging airs could bestow upon +her, and she excited at once in his bosom the highest love towards +herself, and the most furious desire of revenge against her husband. +He knew, however, how to dissemble these passions; and seducing +Athelwold into a wood, on pretence of hunting, he stabbed him with his +own hand, and soon after publicly espoused Elfrida [p]. +[FN [p] W. Malmes. lib. 2. cap. 8. Hoveden, p. 426. Brompton, p. +865, 866. Flor. Wigorn. p. 606. Higd. p. 268.] + +Before we conclude our account of this reign, we must mention two +circumstances which are remarked by historians. The reputation of +Edgar allured a great number of foreigners to visit his court; and he +gave them encouragement to settle in England [q]. We are told that +they imported all the vices of their respective countries, and +contributed to corrupt the simple manners of the natives [r]. But as +this simplicity of manners, so highly and often so injudiciously +extolled, did not preserve them from barbarity and treachery, the +greatest of all vices, and the most incident to a rude uncultivated +people, we ought perhaps to deem their acquaintance with foreigners +rather an advantage; as it tended to enlarge their views, and to cure +them of those illiberal prejudices and rustic manners to which +islanders are often subject. +[FN [q] Chron. Sax. p. 116. H. Hunting. lib 5. p. 356. Brompton, p. +865. [r] W. Malmes. lib. 2. cap. 8.] + +Another remarkable incident of this reign was the extirpation of +wolves from England. This advantage was attained by the industrious +policy of Edgar. He took great pains in hunting and pursuing those +ravenous animals; and when he found that all that escaped him had +taken shelter in the mountains and forests of Wales, he changed the +tribute of money imposed on the Welsh princes by Athelstan, his +predecessor [s], into an annual tribute of three hundred heads of +wolves; which produced such diligence in hunting them, that the animal +has been no more seen in this island. +[FN [s] W. Malmes. lib. 2. cap. 6. Brompton, p. 838.] + +Edgar died after a reign of sixteen years, and in the thirty-third of +his age. He was succeeded by Edward, whom he had by his first +marriage with the daughter of Earl Ordmer. + +[MN Edward the Martyr. 957.] +The succession of this prince, who was only fifteen years of age at +his father's death, did not take place without much difficulty and +opposition. Elfrida, his stepmother, had a son, Ethelred, seven years +old, whom she attempted to raise to the throne: she affirmed that +Edgar's marriage with the mother of Edward was exposed to insuperable +objections; and as she had possessed great credit with her husband, +she had found means to acquire partisans, who seconded all her +pretensions. But the title of Edward was supported by many +advantages. He was appointed successor by the will of his father [t]: +he was approaching to man's estate, and might soon be able to take +into his own hands the reins of government: the principal nobility, +dreading the imperious temper of Elfrida, were averse to her son's +government, which must enlarge her authority, and probably put her in +possession of the regency: above all, Dunstan, whose character of +sanctity had given him the highest credit with the people, had +espoused the cause of Edward, over whom he had already acquired a +great ascendant [u]; and he was determined to execute the will of +Edgar in his favour. To cut off all opposite pretensions, Dunstan +resolutely anointed and crowned the young prince at Kingston; and the +whole kingdom, without farther dispute, submitted to him [w]. +[FN [t] Hoveden, p. 427. Eadmer, p. 3. [u] Eadmer, ex. edit. +Seldeni, p. 3. [w] W. Malm. lib. 2. cap. 9. Hoveden, p. 427. +Osberne, p. 113.] + +It was of great importance to Dunstan and the monks, to place on the +throne a king favourable to their cause: the secular clergy had still +partisans in England, who wished to support them in the possession of +the convents, and of the ecclesiastical authority. On the first +intelligence of Edgar's death, Alfere, Duke of Mercia, expelled the +new orders of monks from all the monasteries which lay within his +jurisdiction [x]; but Elfwin, Duke of East Anglia, and Brithnot, Duke +of the East Saxons, protected them within their territories, and +insisted upon the execution of the late laws enacted in their favour. +In order to settle this controversy, there were summoned several +synods, which, according to the practice of those times, consisted +partly of ecclesiastical members, partly of the lay nobility. The +monks were able to prevail in these assemblies; though, as it appears, +contrary to the secret wishes, if not the declared inclination, of the +leading men in the nation [y]: they had more invention in forging +miracles to support their cause; or having been so fortunate as to +obtain, by their pretended austerities, the character of piety, their +miracles were more credited by the populace. +[FN [x] Chron. Sax. p. 123. W. Malmes. lib. 2, cap. 9. Hoveden, p. +427. Brompton, p. 870. Flor. Wigorn. p. 607. [y] W. Malmes. lib. 2. +cap. 9.] + +In one synod, Dunstan, finding the majority of votes against him, rose +up and informed the audience, that he had that instant received an +immediate revelation in behalf of the monks: the assembly was so +astonished at this intelligence, or probably so overawed by the +populace, that they proceeded no farther in their deliberations. In +another synod, a voice issued from the crucifix, and informed the +members that the establishment of the monks was founded on the will of +Heaven, and could not be opposed without impiety [z]. But the miracle +performed in the third synod was still more alarming: the floor of the +hall in which the assembly met sunk of a sudden and a great number of +the members were either bruised or killed by the fall. It was +remarked, that Dunstan had that day prevented the king from attending +the synod, and that the beam, on which his own chair stood, was the +only one that did not sink under the weight of the assembly [a]. But +these circumstances, instead of begetting any suspicion of +contrivance, were regarded as the surest proof of the immediate +interposition of Providence in behalf of those favourites of Heaven. +[FN [z] W. Malmes. lib. 2. cap. 9. Osberne, p. 112. Gervase, p. +1647. Brompton, p. 870. Higden, p. 269. [a] Chron. Sax. p. 124. W. +Malmes. lib. 2. cap. 9. Hoveden, p. 427. H. Hunting. lib. 5. p. 357. +Gervase, p. 1647. Brompton, p. 870. Flor. Wigorn. p. 607. Higden, +p. 269. Chron. Abb. St. Petri de Burgo, p. 29.] + +Edward lived four years after his accession, and there passed nothing +memorable during his reign. His death alone was memorable and +tragical [b]: this young prince was endowed with the most amiable +innocence of manners; and as his own intentions were always pure, he +was incapable of entertaining any suspicion against others. Though +his step-mother had opposed his succession, and had raised a party in +favour of her own son, he always showed her marks of regard, and even +expressed, on all occasions, the most tender affection towards his +brother. He was hunting one day in Dorsetshire; and being led by the +chase near Corfe-castle, where Elfrida resided, he took the +opportunity of paying her a visit, unattended by any of his retinue, +and he thereby presented her with the opportunity which she had long +wished for. After he had mounted his horse, he desired some liquor to +be brought him: while he was holding the cup to his head, a servant of +Elfrida approached him, and gave him a stab behind. The prince, +finding himself wounded, put spurs to his horse; but becoming faint by +loss of blood, he fell from the saddle, his foot stuck in the stirrup, +and he was dragged along by his unruly horse till he expired. Being +tracked by the blood, his body was found, and was privately interred +at Wareham by his servants. +[FN [b] Chron. Sax. p. 124.] + +The youth and innocence of this prince, with his tragical death, begat +such compassion among the people, that they believed miracles to be +wrought at his tomb; and they give him the appellation of Martyr, +though his murder had no connexion with any religious principle or +opinion. Elfrida built monasteries, and performed many penances, in +order to atone for her guilt; but could never, by all her hypocrisy or +remorses, recover the good opinion of the public, though so easily +deluded in those ignorant ages. + + + + +CHAPTER III. + +ETHELRED.--SETTLEMENT OF THE NORMANS.--EDMUND IRONSIDE.--CANUTE.-- +HAROLD HAREFOOT.--HARDICANUTE.--EDWARD THE CONFESSOR.--HAROLD. + + + +[MN Ethelred. 978.] +The freedom which England had so long enjoyed from the depredations of +the Danes seems to have proceeded, partly from the establishments +which that piratical nation had obtained in the north of France, and +which employed all their superfluous hands to people and maintain +them; partly from the vigour and warlike spirit of a long race of +English princes, who preserved the kingdom in a posture of defence by +sea and land, and either prevented or repelled every attempt of the +invaders. But a new generation of men being now sprung up in the +northern regions who could no longer disburthen themselves on +Normandy; the English had reason to dread that the Danes would again +visit an island to which they were invited, both by the memory of +their past successes, and by the expectation of assistance from their +countrymen, who, though long established in the kingdom, were not yet +thoroughly incorporated with the natives, nor had entirely forgotten +their inveterate habits of war and depredation. And as the reigning +prince was a minor, and even when he attained to man's estate never +discovered either courage or capacity sufficient to govern his own +subjects, much less to repel a formidable enemy, the people might +justly apprehend the worst calamities from so dangerous a crisis. + +The Danes, before they durst attempt any important enterprise against +England, made an inconsiderable descent by way of trial; and having +landed from seven vessels near Southampton, they ravaged the country, +enriched themselves by spoil, and departed with impunity. Six years +after, they made a like attempt in the west, and met with like +success. The invaders having now found affairs in a very different +situation from that in which they formerly appeared, encouraged their +countrymen to assemble a greater force, and to hope for more +considerable advantages. [MN 991.] They landed in Essex, under the +command of two leaders; and having defeated and slain at Maldon, +Brithnot, duke of that county, who ventured, with a small body, to +attack them, they spread their devastations over all the neighbouring +provinces. In this extremity, Ethelred, to whom historians give the +epithet of the UNREADY, instead of rousing his people to defend with +courage their honour and their property, hearkened to the advice of +Siricius, Archbishop of Canterbury, which was seconded by many of the +degenerate nobility; and paying the enemy the sum of ten thousand +pounds, he bribed them to depart the kingdom. This shameful expedient +was attended with the success which might be expected. The Danes next +year appeared off the eastern coast, in hopes of subduing a people who +defended themselves by their money, which invited assailants, instead +of their arms, which repelled them. But the English, sensible of +their folly, had, in the interval, assembled in a great council, and +had determined to collect at London a fleet able to give battle to the +enemy [a]; though that judicious measure failed of success, from the +treachery of Alfric, Duke of Mercia, whose name is infamous in the +annals of that age, by the calamities which his repeated perfidy +brought upon his country. This nobleman had, in 983, succeeded to his +father Alfere in that extensive command; but being deprived of it two +years after, and banished the kingdom, he was obliged to employ all +his intrigue, and all his power, which was too great for a subject, to +be restored to his country, and reinstated in his authority. Having +had experience of the credit and malevolence of his enemies, he +thenceforth trusted for security, not to his services, or to the +affections of his fellow-citizens, but to the influence which he had +obtained over his vassals, and to the public calamities, which he +thought must, in every revolution, render his assistance necessary. +Having fixed this resolution, he determined to prevent all such +successes as might establish the royal authority, or render his own +situation dependent or precarious. As the English had formed the plan +of surrounding and destroying the Danish fleet in harbour, he +privately informed the enemy of their danger; and when they put to +sea, in consequence of this intelligence, he deserted to them, with +the squadron under his command, the night before the engagement, and +thereby disappointed all the efforts of his countrymen [b]. Ethelred, +enraged at his perfidy, seized his son Alfgar, and ordered his eyes to +be put out [c]. But such was the power of Alfric, that he again +forced himself into authority; and though he had given this specimen +of his character, and received this grievous provocation, it was found +necessary to intrust him anew with the government of Mercia. This +conduct of the court, which in all its circumstances is so barbarous, +weak, and imprudent, both merited and prognosticated the most grievous +calamities. +[FN [a] Chron. Sax. p. 126. [b] Chron.. Sax. p. 127. W. Malm. p. 62. +Higden, p. 270. [c] Chron. Sax. p.128. W. Malm. p. 62.] + +[MN 993.] The northern invaders, now well acquainted with the +defenceless condition of England, made a powerful descent under the +command of Sweyn, King of Denmark, and Olave, King of Norway; and +sailing up the Humber, spread on all sides their destructive ravages. +Lindesey was laid waste; Banbury was destroyed; and all the +Northumbrians, though mostly of Danish descent, were constrained +either to join the invaders, or to suffer under their depredations. A +powerful army was assembled to oppose the Danes, and a general action +ensued; but the English were deserted in the battle, from the +cowardice or treachery of their three leaders, all of them men of +Danish race, Frena, Frithegist, and Godwin, who gave the example of a +shameful flight to the troops under their command. + +Encouraged by this success, and still more by the contempt which it +inspired for their enemy, the pirates ventured to attack the centre of +the kingdom; and entering the Thames in ninety-four vessels, laid +siege to London, and threatened it with total destruction. But the +citizens, alarmed at the danger, and firmly united among themselves, +made a bolder defence than the cowardice of the nobility and gentry +gave the invaders reason to apprehend; and the besiegers, after +suffering the greatest hardships, were finally frustrated in their +attempt. In order to revenge themselves, they laid waste Essex, +Sussex, and Hampshire; and having there procured horses, they were +thereby enabled to spread through the more inland counties the fury of +their depredations. In this extremity, Ethelred and his nobles had +recourse to the former expedient; and sending ambassadors to the two +northern kings, they promised them subsistence and tribute, on +condition they would, for the present, put an end to their ravages, +and soon after depart the kingdom. Sweyn and Olave agreed to the +terms, and peaceably took up their quarters at Southampton, where the +sum of sixteen thousand pounds was paid to them. Olave even made a +journey to Andover, where Ethelred resided, and he received the rite +of confirmation from the English bishops, as well as many rich +presents from the king. He here promised that he would never more +infest the English territories; and he faithfully fulfilled the +engagement. This prince receives the appellation of St. Olave from +the church of Rome; and notwithstanding the general presumption which +lies either against the understanding or morals of every one who in +those ignorant ages was dignified with that title, he seems to have +been a man of merit and of virtue. Sweyn, though less scrupulous than +Olave, was constrained, upon the departure of the Norwegian prince, to +evacuate also the kingdom with all his followers. + +[MN 996.] This composition brought only a short interval to the +miseries of the English. The Danish pirates appeared soon after in +the Severn; and having committed spoil in Wales, as well as in +Cornwall and Devonshire, they sailed round to the south coast, and +entering the Tamar, completed the devastation of these two counties. +They then returned to the Bristol Channel; and penetrating into the +country by the Avon, spread themselves over all that neighbourhood, +and carried fire and sword even into Dorsetshire. [MN 998.] They +next changed the seat of war; and after ravaging the Isle of Wight, +they entered the Thames and Medway, and laid siege to Rochester, where +they defeated the Kentish men in a pitched battle. After this +victory, the whole province of Kent was made a scene of slaughter, +fire, and devastation. The extremity of these miseries forced the +English into councils for common defence both by sea and land; but the +weakness of the king, the divisions among the nobility, the treachery +of some, the cowardice of others, the want of concert in all, +frustrated every endeavour; their fleets and armies either came too +late to attack the enemy, or were repulsed with dishonour; and the +people were thus equally ruined by resistance or by submission. The +English, therefore, destitute both of prudence and unanimity in +council, of courage and conduct in the field, had recourse to the same +weak expedient which by experience they had already found so +ineffectual: they offered the Danes to buy peace, by paying them a +large sum of money. These ravagers rose continually in their demands; +and now required the payment of twenty-four thousand pounds, to which +the English were so mean and imprudent as to submit [d]. The +departure of the Danes procured them another short interval of repose, +which they enjoyed as if it were to be perpetual, without making any +effectual preparations for a more vigorous resistance upon the next +return of the enemy. +[FN [d] Hoveden, p. 429. Chron. Mailr. p. 150.] + +Besides receiving this sum, the Danes were engaged by another motive +to depart a kingdom which appeared so little in a situation to resist +their efforts: they were invited over by their countrymen in Normandy, +who at this time were hard pressed by the arms of Robert, King of +France, and who found it difficult to defend the settlement, which, +with so much advantage to themselves and glory to their nation, they +had made in that country. It is probable, also, that Ethelred, +observing the close connexions thus maintained among all the Danes, +however divided in government or situation, was desirous of forming an +alliance with that formidable people: for this purpose, being now a +widower, he made his addresses to Emma, sister to Richard II., Duke of +Normandy, and he soon succeeded in his negotiation. [MN 1001.] The +princess came over this year to England, and was married to Ethelred +[e]. +[FN [e] H. Hunt. p. 359. Higden, p. 271.] + +[MN Settlement of the Normans.] +In the end of the ninth and beginning of the tenth century, when the +north, not yet exhausted by that multitude of people, or rather +nations, which she had successively emitted, sent forth a new race, +not of conquerors, as before, but of pirates and ravagers, who +infested the countries possessed by her once warlike sons, lived +Rollo, a petty prince or chieftain of Denmark, whose valour and +abilities soon engaged the attention of his countrymen. He was +exposed in his youth to the jealousy of the King of Denmark, who +attacked his small but independent principality; and who, being foiled +in every assault, had recourse at last to perfidy for effecting his +purpose, which he had often attempted in vain by force of arms [f]: he +lulled Rollo into security by an insidious peace; and falling suddenly +upon him, murdered his brother and his bravest officers, and forced +him to fly for safety into Scandinavia. Here many of his ancient +subjects, induced partly by affection to their prince, partly by the +oppressions of the Danish monarch, ranged themselves under his +standard, and offered to follow him in every enterprise. Rollo, +instead of attempting to recover his paternal dominions, where he must +expect a vigorous resistance from the Danes, determined to pursue an +easier, but more important undertaking, and to make his fortune, in +imitation of his countrymen, by pillaging the richer and more southern +coasts of Europe. He collected a body of troops, which, like that of +all those ravagers, was composed of Norwegians, Swedes, Frisians, +Danes, and adventurers of all nations, who, being accustomed to a +roving unsettled life, took delight in nothing but war and plunder. +His reputation brought him associates from all quarters; and a vision, +which he pretended to have appeared to him in his sleep, and which, +according to his interpretation of it, prognosticated the greatest +successes, proved also a powerful incentive with those ignorant and +superstitious people [g]. +[FN [f] Dudo, ex edit. Duchesne, p. 70, 71. Gul. Gemeticencis, lib. +2. cap. 2, 3. [g] Dudo, p.71. Gul. Gem. in Epist. ad Gul. Conq.] + +The first attempt made by Rollo was on England, near the end of +Alfred's reign; when that great monarch, having settled Gothrum and +his followers in East Anglia, and others of those freebooters in +Northumberland, and having restored peace to his harassed country, had +established the most excellent military as well as civil institutions +among the English. The prudent Dane, finding that no advantages could +be gained over such a people, governed by such a prince, soon turned +his enterprises against France, which he found more exposed to his +inroads [h]; and during the reigns of Eudes, an usurper, and of +Charles the Simple, a weak prince, he committed the most destructive +ravages both on the inland and maritime provinces of that kingdom. +The French, having no means of defence against a leader who united all +the valour of his countrymen with the policy of more civilized +nations, were obliged to submit to the expedient practised by Alfred, +and to offer the invaders a settlement in some of those provinces +which they had depopulated by their +arms [i]. +[FN [h] Gul. Gemet. lib. 2. cap. 6. [i] Dudo, p. 82.] + +The reason why the Danes for many years pursued measures so different +from those which had been embraced by the Goths, Vandals, Franks, +Burgundians, Lombards, and other northern conquerors, was the great +difference in the method of attack which was practised by these +several nations, and to which the nature of their respective +situations necessarily confined them. The latter tribes, living in an +inland country, made incursions by land upon the Roman empire; and +when they entered far into the frontiers, they were obliged to carry +along with them their wives and families, whom they had no hopes of +soon revisiting, and who could not otherwise participate of their +plunder. This circumstance quickly made them think of forcing a +settlement in the provinces which they had overrun; and these +barbarians, spreading themselves over the country, found an interest +in protecting the property and industry of the people whom they had +subdued. But the Danes and Norwegians, invited by their maritime +situation, and obliged to maintain themselves in their uncultivated +country by fishing, had acquired some experience of navigation, and in +their military excursions pursued the method practised against the +Roman empire by the more early Saxons: they made descents in small +bodies from their ships, or rather boats, and ravaging the coasts, +returned with their booty to their families, whom they could not +conveniently carry along with them in those hazardous enterprises. +But when they increased their armaments, made incursions into the +inland countries, and found it safe to remain longer in the midst of +the enfeebled enemy, they had been accustomed to crowd their vessels +with their wives and children; and having no longer any temptation to +return to their own country, they willingly embraced an opportunity of +settling in the warm climates and cultivated fields of the south. + +Affairs were in this situation with Rollo and his followers, when +Charles proposed to relinquish to them part of the province formerly +called Neustria, and to purchase peace on these hard conditions. +After all the terms were fully settled, there appeared only one +circumstance shocking to the haughty Dane: he was required to do +homage to Charles for this province, and to put himself in that +humiliating posture imposed on vassals by the rites of the feudal law. +He long refused to submit to this indignity; but being unwilling to +lose such important advantages for a mere ceremony, he made a +sacrifice of his pride to his interest, and acknowledged himself, in +form, the vassal of the French monarch [k]. Charles gave him his +daughter, Gisla, in marriage; and that he might bind him faster to his +interests, made him a donation of a considerable territory, besides +that which he was obliged to surrender to him by his stipulations. +When some of the French nobles informed him, that in return for so +generous a present it was expected that he should throw himself at the +king's feet and make suitable acknowledgments for his bounty, Rollo +replied, that he would rather decline the present; and it was with +some difficulty they could persuade him to make that compliment by one +of his captains. The Dane commissioned for this purpose, full of +indignation at the order, and despising so unwarlike a prince, caught +Charles by the foot, and pretending to carry it to his mouth, that he +might kiss it, overthrew him before all his courtiers. The French, +sensible of their present weakness, found it prudent to overlook this +insult [l]. +[FN [k] Ypod. Neust. p. 417. [1] Gul Gemet. lib. 2. cap. 17.] + +Rollo, who was now in the decline of life, and was tired of wars and +depredations, applied himself, with mature counsels, to the settlement +of his newly-acquired territory, which was thenceforth called +Normandy; and he parcelled it out among his captains and followers. +He followed, in this partition, the customs of the feudal law, which +was then universally established in the southern countries of Europe, +and which suited the peculiar circumstances of that age. He treated +the French subjects, who submitted to him, with mildness and justice; +he reclaimed his ancient followers from their ferocious violence; he +established law and order throughout his state; and after a life spent +in tumult and ravages, he died peaceably in a good old age, and left +his dominions to his posterity [m]. +[FN [m] Ibid. cap. 19, 20, 21.] + +William I. who succeeded him, governed the duchy twenty-five years; +and, during that time, the Normans were thoroughly intermingled with +the French, had acquired their language, had imitated their manners, +and had made such progress towards cultivation, that on the death of +William, his son Richard, though a minor [n], inherited his dominions: +a sure proof that the Normans were already somewhat advanced in +civility, and that their government could now rest secure on its laws +and civil institutions, and was not wholly sustained by the abilities +of the sovereign. Richard, after a long reign of fifty-four years, +was succeeded by his son of the same name in the year 996 [o]; which +was eighty-five years after the first establishment of the Normans in +France. This was the duke who gave his sister Emma in marriage to +Ethelred, King of England, and who thereby formed connexions with a +country which his posterity was so soon after destined to subdue. +[FN [n] Order. Vitalis, p. 459. Gul. Gemet. lib. 4. cap. 1. [o] +Order. Vitalis, p. 459.] + +The Danes had been established during a longer period in England than +in France; and though the similarity of their original language to +that of the Saxons invited them to a more early coalition with the +natives, they had hitherto found so little example of civilized +manners among the English, that they retained all their ancient +ferocity, and valued themselves only on their national character of +military bravery. The recent as well as more ancient achievements of +their countrymen tended to support this idea; and the English princes, +particularly Athelstan and Edgar, sensible of that superiority, had +been accustomed to keep in pay bodies of Danish troops, who were +quartered about the country, and committed many violences upon the +inhabitants. These mercenaries had attained to such a height of +luxury, according to the old English writers [p], that they combed +their hair once a day, bathed themselves once a week, changed their +clothes frequently; and by all these arts of effeminacy, as well as by +their military character, had rendered themselves so agreeable to the +fair sex, that they debauched the wives and daughters of the English, +and dishonoured many families. But what most provoked the +inhabitants, was, that instead of defending them against invaders, +they were ever ready to betray them to the foreign Danes, and to +associate themselves with all straggling parties of that nation. The +animosity between the inhabitants of English and Danish race had from +these repeated injuries risen to a great height; when Ethelred, from a +policy incident to weak princes, embraced the cruel resolution of +massacring the latter throughout all his dominions [q]. [MN 1002.] +Secret orders were despatched to commence the execution everywhere on +the same day; and the festival of St. Brice [MN Nov. 13.], which fell +on a Sunday, the day on which the Danes usually bathed themselves, was +chosen for that purpose. It is needless to repeat the accounts +transmitted concerning the barbarity of this massacre: the rage of the +populace, excited by so many injuries, sanctioned by authority, and +stimulated by example, distinguished not between innocence and guilt, +spared neither sex nor age, and was not satiated without the tortures +as well as death of the unhappy victims. Even Gunilda, sister to the +King of Denmark, who had married Earl Paling, and had embraced +Christianity, was, by the advice of Edric, Earl of Wilts, seized and +condemned to death by Ethelred, after seeing her husband and children +butchered before her face. This unhappy princess foretold, in the +agonies of despair, that her murder would soon be avenged by the total +ruin of the English nation. +[FN [p] Wallingford, p. 547. [q] See note [D] at the end of the +volume.] + +[MN 1003.] +Never was prophecy better fulfilled; and never did barbarous policy +prove more fatal to the authors. Sweyn and his Danes, who wanted but +a pretence for invading the English, appeared off the western coast, +and threatened to take full revenge for the slaughter of their +countrymen. Exeter fell first into their hands, from the negligence +or treachery of Earl Hugh, a Norman, who had been made governor by the +interest of Queen Emma. They began to spread their devastations over +the country; when the English, sensible what outrages they must now +expect from their barbarous and offended enemy, assembled more early, +and in greater numbers than usual, and made an appearance of vigorous +resistance. But all these preparations were frustrated by the +treachery of Duke Alfric, who was intrusted with the command, and who, +feigning sickness, refused to lead the army against the Danes, till it +was dispirited, and at last dissipated, by his fatal misconduct. +Alfric soon after died; and Edric, a greater traitor than he, who had +married the king's daughter, and had acquired a total ascendant over +him, succeeded Alfric in the government of Mercia, and in the command +of the English armies. A great famine, proceeding partly from the bad +seasons, partly from the decay of agriculture, added to all the other +miseries of the inhabitants. The country, wasted by the Danes, +harassed by the fruitless expeditions of its own forces, was reduced +to the utmost desolation; and at last [MN 1007.] submitted to the +infamy of purchasing a precarious peace from the enemy, by the payment +of thirty thousand pounds. + +The English endeavoured to employ this interval in making preparations +against the return of the Danes, which they had reason soon to expect. +A law was made, ordering the proprietors of eight hides of land to +provide each a horseman and a complete suit of armour; and those of +three hundred and ten hides to equip a ship for the defence of the +coast. When this navy was assembled, which must have consisted of +near eight hundred vessels [r], all hopes of its success were +disappointed by the factions, animosities, and dissensions of the +nobility Edric had impelled his brother Brightric to prefer an +accusation of treason against Wolfnoth, Governor of Sussex, the father +of the famous Earl Godwin; and that nobleman, well acquainted with the +malevolence, as well as power of his enemy, found no means of safety +but in deserting with twenty ships to the Danes. Brightric pursued +him with a fleet of eighty sail; but his ships being shattered in a +tempest, and stranded on the coast, he was suddenly attacked by +Wolfnoth, and all his vessels were burnt or destroyed. The imbecility +of the king was little capable of repairing this misfortune: the +treachery of Edric frustrated every plan for future defence; and the +English navy, disconcerted, discouraged, and divided, was at last +scattered into its several harbours. +[FN [r] There were 243,600 hides in England. Consequently the ships +equipped must be 785. The cavalry was 30,450 men.] + +It is almost impossible, or would be tedious, to relate particularly +all the miseries to which the English were thenceforth exposed. We +hear of nothing but the sacking and burning of towns; the devastation +of the open country; the appearance of the enemy in every quarter of +the kingdom; their cruel diligence in discovering any corner which had +not been ransacked by their former violence. The broken and +disjointed narration of the ancient historians is here well adapted to +the nature of the war, which was conducted by such sudden inroads as +would have been dangerous even to an united and well-governed kingdom, +but proved fatal, where nothing but a general consternation and mutual +diffidence and dissension prevailed. The governors of one province +refused to march to the assistance of another, and were at last +terrified from assembling their forces for the defence of their own +province. General councils were summoned; but either no resolution +was taken, or none was carried into execution. And the only expedient +in which the English agreed, was the base and imprudent one of buying +a new peace from the Danes, by the payment of forty-eight thousand +pounds. + +[MN 1011.] This measure did not bring them even that short interval +of repose which they had expected from it. The Danes, disregarding +all engagements, continued their devastations and hostilities; levied +a new contribution of eight thousand pounds upon the county of Kent +alone; murdered the Archbishop of Canterbury, who had refused to +countenance this exaction; and the English nobility found no other +resource than that of submitting every where to the Danish monarch, +swearing allegiance to him [MN 1013.], and delivering him hostages for +their fidelity. Ethelred, equally afraid of the violence of the enemy +and the treachery of his own subjects, fled into Normandy, whither he +had sent before him Queen Emma and her two sons, Alfred and Edward. +Richard received his unhappy guests with a generosity that does honour +to his memory. + +[MN 1014.] The king had not been above six weeks in Normandy when he +heard of the death of Sweyn, who expired at Gainsborough, before he +had time to establish himself in his newly acquired dominions. The +English prelates and nobility, taking advantage of this event, sent +over a deputation to Normandy, inviting Ethelred to return to them, +expressing a desire of being again governed by their native prince, +and intimating their hopes, that being now tutored by experience, he +would avoid all those errors which had been attended with such +misfortunes to himself and to his people. But the misconduct of +Ethelred was incurable; and on his resuming the government, he +discovered the same incapacity, indolence, cowardice, and credulity, +which had so often exposed him to the insults of his enemies. His +son-in-law, Edric, notwithstanding his repeated treasons, retained +such influence at court as to instil into the king jealousies of +Sigefert and Morcar, two of the chief nobles of Mercia: Edric allured +them into his house, where he murdered them; while Ethelred +participated in the infamy of the action, by confiscating their +estates and thrusting into a convent the widow of Sigefert. She was a +woman of singular beauty and merit; and in a visit which was paid her, +during her confinement, by Prince Edmond, the king's eldest son, she +inspired him with so violent an affection, that he released her from +the convent, and soon after married her, without the consent of his +father. + +Meanwhile the English found in Canute, the son and successor of Sweyn, +an enemy no less terrible than the prince from whom death had so +lately delivered them. He ravaged the eastern coast with merciless +fury, and put ashore all the English hostages at Sandwich, after +having cut off their hands and noses. He was obliged, by the +necessity of his affairs, to make a voyage to Denmark; but returning +soon after, he continued his depredations along the southern coast: he +even broke into the counties of Dorset, Wilts, and Somerset; where an +army was assembled against him, under the command of Prince Edmond and +Duke Edric. The latter still continued his perfidious machinations; +and after endeavouring in vain to get the prince into his power, he +found means to disperse the army; and he then openly deserted to +Canute with forty vessels. [MN 1015.] + +Notwithstanding this misfortune, Edmond was not disconcerted; but, +assembling all the force of England, was in a condition to give battle +to the enemy. The king had had such frequent experience of perfidy +among his subjects, that he had lost all confidence in them: he +remained at London, pretending sickness, but really from apprehensions +that they intended to buy their peace, by delivering him into the +hands of his enemies. The army called aloud for their sovereign to +march at their head against the Danes; and, on his refusal to take the +field, they were so discouraged, that those vast preparations became +ineffectual for the defence of the kingdom. Edmond, deprived of all +regular supplies to maintain his soldiers, was obliged to commit equal +ravages with those which were practised by the Danes; and after making +some fruitless expeditions into the north, which had submitted +entirely to Canute's power, he retired to London, determined there to +maintain, to the last extremity, the small remains of English liberty. +[MN 1016.] He here found every thing in confusion by the death of the +king, who expired after an unhappy and inglorious reign of thirty-five +years. He left two sons by his first marriage, Edmond, who succeeded +him, and Edwy, whom Canute afterwards murdered. His two sons by the +second marriage, Alfred and Edward, were immediately, upon Ethelred's +death, conveyed into Normandy by Queen Emma. + +[MN Edmond Ironside.] +This prince, who received the name of Ironside from his hardy valour, +possessed courage and abilities sufficient to have prevented his +country from sinking into those calamities, but not to raise it from +that abyss of misery into which it had already fallen. Among the +other misfortunes of the English, treachery and disaffection had crept +in among the nobility and prelates; and Edmond found no better +expedient for stopping the farther progress of these fatal evils, than +to lead his army instantly into the field, and to employ them against +the common enemy. After meeting with some success at Gillingham, he +prepared himself to decide, in one general engagement, the fate of his +crown; and at Scoerston, in the county of Gloucester, he offered +battle to the enemy, who were commanded by Canute and Edric. Fortune, +in the beginning of the day, declared for him; but Edric, having cut +off the head of one Osmer, whose countenance resembled that of Edmond, +fixed it on a spear, carried it through the ranks in triumph, and +called aloud to the English, that it was time to fly; for, behold! the +head of their sovereign. And though Edmond, observing the +consternation of the troops, took off his helmet and showed himself to +them, the utmost he could gain by his activity and valour was to leave +the victory undecided. Edric now took a surer method to ruin him, by +pretending to desert to him, and as Edmond was well acquainted with +his power, and probably knew no other of the chief nobility in whom he +could repose more confidence, he was obliged, notwithstanding the +repeated perfidy of the man, to give him a considerable command in the +army. A battle soon after ensued at Assington in Essex, where Edric, +flying in the beginning of the day, occasioned the total defeat of the +English, followed by a great slaughter of the nobility. The +indefatigable Edmond, however, had still resources; assembling a new +army at Gloucester, he was again in a condition to dispute the field; +when the Danish and English nobility, equally harassed with those +convulsions, obliged their kings to come to a compromise, and to +divide the kingdom between them by treaty. Canute reserved to himself +the northern division, consisting of Mercia, East Anglia, and +Northumberland, which he had entirely subdued; the southern parts were +left to Edmond. This prince survived the treaty about a month. He +was murdered at Oxford by two of his chamberlains, accomplices of +Edric, who thereby made way for the succession of Canute the Dane to +the crown of England. + +[MN Canute 1017.] +The English, who had been unable to defend their country, and maintain +their independency, under so active and brave a prince as Edmond, +could, after his death, expect nothing but total subjection from +Canute, who, active and brave himself, and at the head of a great +force, was ready to take advantage of the minority of Edwin and +Edward, the two sons of Edmond. Yet this conqueror, who was commonly +so little scrupulous, showed himself anxious to cover his injustice +under plausible pretences; before he seized the dominions of the +English princes, he summoned a general assembly of the states, in +order to fix the succession of the kingdom. He here suborned some +nobles to depose that, in the treaty of Gloucester, it had been +verbally agreed either to name Canute, in case of Edmond's death, +successor to his dominions, or tutor to his children (for historians +vary in this particular); and that evidence, supported by the great +power of Canute, determined the states immediately to put the Danish +monarch in possession of the government. Canute, jealous of the two +princes, but sensible that he should render himself extremely odious +if he ordered them to be despatched in England, sent them abroad to +his ally, the King of Sweden, whom he desired, as soon as they arrived +at his court, to free him by their death from all farther anxiety. +The Swedish monarch was too generous to comply with the request, but +being afraid of drawing on himself a quarrel with Canute, by +protecting the young princes, he sent them to Solomon, King of +Hungary, to be educated in his court. The elder, Edwin, was +afterwards married to the sister of the King of Hungary, but the +English prince dying without issue, Solomon gave his sister-in-law, +Agatha, daughter of the Emperor Henry II., in marriage to Edward, the +younger brother; and she bore him Edgar Atheling, Margaret, afterwards +queen of Scotland, and Christiana, who retired into a convent. + +Canute, though he had reached the great point of his ambition, in +obtaining possession of the English crown, was obliged at first to +make great sacrifices to it; and to gratify the chief of the nobility, +by bestowing on them the most extensive governments and jurisdictions. +He created Thurkill Earl or Duke of East Anglia, (for these titles +were then nearly of the same import,) Yric of Northumberland, and +Edric of Mercia, reserving only to himself the administration of +Wessex. But seizing afterwards a favourable opportunity, he expelled +Thurkill and Yric from their governments, and banished them the +kingdom; he put to death many of the English nobility, on whose +fidelity he could not rely, and whom he hated on account of their +disloyalty to their native prince. And even the traitor Edric, having +had the assurance to reproach him with his services, was condemned to +be executed, and his body to be thrown into the Thames; a suitable +reward for his multiplied acts of perfidy and rebellion. + +Canute also found himself obliged, in the beginning of his reign, to +load the people with heavy taxes, in order to reward his Danish +followers: he exacted from them at one time the sum of seventy-two +thousand pounds; besides eleven thousand pounds, which he levied on +London alone. He was probably willing, from political motives, to +mulct severely that city, on account of the affection which it had +borne to Edmond, and the resistance which it had made to the Danish +power in two obstinate sieges [s]. But these rigours were imputed to +necessity; and Canute, like a wise prince, was determined that the +English, now deprived of all their dangerous leaders, should be +reconciled to the Danish yoke by the justice and impartiality of his +administration. He sent back to Denmark as many of his followers as +he could safely spare; he restored the Saxon customs in a general +assembly of the states; he made no distinction between Danes and +English in the distribution of justice; and he took care, by a strict +execution of law, to protect the lives and properties of all his +people. The Danes were gradually incorporated with his new subjects; +and both were glad to obtain a little respite from those multiplied +calamities from which the one, no less than the other, had, in their +fierce contest for power, experienced such fatal consequences. +[FN [s] W. Malm. p. 72. In one of these sieges, Canute diverted the +course of the Thames, and by that means brought his ships above London +bridge.] + +The removal of Edmond's children into so distant a country as Hungary, +was, next to their death, regarded by Canute as the greatest security +to his government: he had no farther anxiety, except with regard to +Alfred and Edward, who were protected and supported by their uncle, +Richard Duke of Normandy. Richard even fitted out a great armament, +in order to restore the English princes to the throne of their +ancestors; and, though the navy was dispersed by a storm, Canute saw +the danger to which he was exposed from the enmity of so warlike a +people as the Normans. In order to acquire the friendship of the +duke, he paid his addresses to Queen Emma, sister of that prince; and +promised that he would leave the children whom he should have by that +marriage in possession of the crown of England. Richard complied with +his demand, and sent over Emma to England, where she was soon after +married to Canute [t]. The English, though they disapproved of her +espousing the mortal enemy of her former husband and his family, were +pleased to find at court a sovereign to whom they were accustomed, and +who had already formed connexions with them; and thus Canute, besides +securing by this marriage the alliance of Normandy, gradually +acquired, by the same means, the confidence of his own subjects [u]. +The Norman prince did not long survive the marriage of Emma; and he +left the inheritance of the duchy to his eldest son of the same name; +who dying a year after him without children, was succeeded by his +brother Robert, a man of valour and abilities. +[FN [t] Chron Sax. p. 151. W. Malmes. p. 73. [u] W. Malmes. p. 73. +Higden, p. 275.] + +Canute, having settled his power in England beyond all danger of a +revolution, made a voyage to Denmark, in order to resist the attacks +of the King of Sweden; and he carried along with him a great body of +the English, under the command of Earl Godwin. This nobleman had here +an opportunity of performing a service by which he both reconciled the +king's mind to the English nation, and, gaining to himself the +friendship of his sovereign, laid the foundation of that immense +fortune which he acquired to his family. He was stationed next the +Swedish camp, and observing a favourable opportunity which he was +obliged suddenly to seize, he attacked the enemy in the night, drove +them from their trenches, threw them into disorder, pursued his +advantage, and obtained a decisive victory over them. Next morning, +Canute seeing the English camp entirely abandoned, imagined that those +disaffected troops had deserted to the enemy: he was agreeably +surprised to find that they were at that time engaged in pursuit of +the discomfited Swedes. He was so pleased with this success, and with +the manner of obtaining it, that he bestowed his daughter in marriage +upon Godwin, and treated him ever after with entire confidence and +regard. + +[MN 1028.] In another voyage, which he made afterwards to Denmark, +Canute attacked Norway, and expelling the just but unwarlike Olaus, +kept possession of his kingdom till the death of that prince. He had +now, by his conquests and valour, attained the utmost height of +grandeur; having leisure from wars and intrigues, he felt the +unsatisfactory nature of all human enjoyments; and, equally weary of +the glories and turmoils of this life, he began to cast his view +towards that future existence, which it is so natural for the human +mind, whether satiated by prosperity, or disgusted with adversity, to +make the object of its attention. Unfortunately, the spirit which +prevailed in that age gave a wrong direction to his devotion; instead +of making compensation to those whom he had injured by his former acts +of violence, he employed himself entirely in those exercises of piety +which the monks represented as the most meritorious. He built +churches, he endowed monasteries, he enriched the ecclesiastics, and +he bestowed revenues for the support of chantries at Assington and +other places, where he appointed prayers to be said for the souls of +those who had there fallen in battle against him. He even undertook a +pilgrimage to Rome, where he resided a considerable time; besides +obtaining from the pope some privileges for the English school erected +there, he engaged all the princes through whose dominions he was +obliged to pass to desist from those heavy impositions and tolls which +they were accustomed to exact from the English pilgrims. By this +spirit of devotion, no less than by his equitable and politic +administration, he gained, in a good measure, the affections of his +subjects. + +Canute, the greatest and most powerful monarch of his time, sovereign +of Denmark and Norway, as well as of England, could not fail of +meeting with adulation from his courtiers; a tribute which is +liberally paid even to the meanest and weakest princes. Some of his +flatterers, breaking out one day in admiration of his grandeur, +exclaimed, that every thing was possible for him; upon which the +monarch, it is said, ordered his chair to be set on the sea-shore, +while the tide was rising; and as the waters approached he commanded +them to retire, and to obey the voice of him who was lord of the +ocean. He feigned to sit some time in expectation of their +submission; but when the sea still advanced towards him, and began to +wash him with its billows, he turned to his courtiers, and remarked to +them, that every creature in the universe was feeble and impotent, and +that power resided with one Being alone, in whose hands were all the +elements of nature, who could say to the ocean, THUS FAR SHALT THOU +GO, AND NO FARTHER; and who could level with his nod the most towering +piles of human pride and ambition. + +[MN 1031.] The only memorable action which Canute performed after his +return from Rome was an expedition against Malcolm, King of Scotland. +During the reign of Ethelred, a tax of a shilling a hide had been +imposed on all the lands of England. It was commonly called DANEGELT; +because the revenue had been employed either in buying peace with the +Danes, or in making preparations against the inroads of that hostile +nation. That monarch had required that the same tax should be paid by +Cumberland, which was held by the Scots; but Malcolm, a warlike +prince, told him, that, as he was always able to repulse the Danes by +his own power, he would neither submit to buy peace of his enemies, +nor pay others for resisting them. Ethelred, offended at this reply, +which contained a secret reproach on his own conduct, undertook an +expedition against Cumberland; but though he committed ravages upon +the country, he could never bring Malcolm to a temper more humble or +submissive. Canute, after his accession, summoned the Scottish king +to acknowledge himself a vassal for Cumberland to the crown of +England; but Malcolm refused compliance, on pretence that he owed +homage to those princes only who inherited that kingdom by right of +blood. Canute was not of a temper to bear this insult; and the King +of Scotland soon found that the sceptre was in very different hands +from those of the feeble and irresolute Ethelred. Upon Canute's +appearing on the frontiers with a formidable army, Malcolm agreed that +his grandson and heir, Duncan, whom he put in possession of +Cumberland, should make the submissions required, and that the heirs +of Scotland should always acknowledge themselves vassals to England +for that province [w]. +[FN [w] W. Malmes p. 74.] + +Canute passed four years in peace after this enterprise, and he died +at Shaftesbury [x]; leaving three sons, Sweyn, Harold, and +Hardicanute. Sweyn, whom he had by his first marriage with Alfwen, +daughter of the Earl of Hampshire, was crowned in Norway: Hardicanute, +whom Emma had borne him, was in possession of Denmark: Harold, who was +of the same marriage with Sweyn, was at that time in England. +[FN [x] Chron. Sax. p. 154. W. Malmes. p. 76.] + +[MN Harold Harefoot. 1035.] +Though Canute, in his treaty with Richard, Duke of Normandy, had +stipulated that his children by Emma should succeed to the crown of +England, he had either considered himself as released from that +engagement by the death of Richard, or esteemed it dangerous to leave +an unsettled and newly-conquered kingdom in the hands of so young a +prince as Hardicanute; he therefore appointed by his will Harold +successor to the crown. This prince was, besides, present to maintain +his claim; he was favoured by all the Danes, and he got immediately +possession of his father's treasures, which might be equally useful, +whether he found it necessary to proceed by force or intrigue in +insuring his succession. On the other hand, Hardicanute had the +suffrages of the English, who, on account of his being born among them +of Queen Emma, regarded him as their countryman; he was favoured by +the articles of treaty with the Duke of Normandy; and, above all, his +party was espoused by Earl Godwin, the most powerful nobleman in the +kingdom, especially in the province of Wessex, the chief seat of the +ancient English. Affairs were likely to terminate in a civil war; +when, by the interposition of the nobility of both parties, a +compromise was made, and it was agreed that Harold should enjoy, +together with London, all the provinces north of the Thames, while the +possession of the south should remain to Hardicanute; and till that +prince should appear and take possession of his dominions, Emma fixed +her residence at Winchester, and established her authority over her +son's share of the partition. + +Meanwhile, Robert, Duke of Normandy, died in a pilgrimage to the Holy +Land, and being succeeded by a son, yet a minor, the two English +princes, Alfred and Edward, who found no longer any countenance or +protection in that country, gladly embraced the opportunity of paying +a visit, with a numerous retinue, to their mother Emma, who seemed to +be placed in a state of so much power and splendour at Winchester. +But the face of affairs soon wore a melancholy aspect. Earl Godwin +had been gained by the arts of Harold, who promised to espouse the +daughter of that nobleman, and while the treaty was yet a secret, +these two tyrants laid a plan for the destruction of the English +princes. Alfred was invited to London by Harold with many professions +of friendship; but when he had reached Guilford, he was set upon by +Godwin's vassals, about six hundred of his train were murdered in the +most cruel manner, he himself was taken prisoner, his eyes were put +out, and he was conducted to the monastery of Ely, where he died soon +after [y]. Edward and Emma, apprized of the fate which was awaiting +them, fled beyond sea, the former into Normandy, the latter into +Flanders. While Harold, triumphing in his bloody policy, took +possession, without resistance, of all the dominions assigned to his +brother. +[FN [y] H. Hunt. p. 365. Ypod. Neustr. p. 434. Hoveden, p. 438. +Chron. Mailr. p. 156. Higden, p. 277. Chron. St. Petri de Burgo, p. +39. Sim. Dun. p. 179. Abbas Rieval. p. 366, 374. Brompton, p. 935. +Gul. Gem. lib. 7, cap. 11. Matth. West. p. 209. Flor. Wigorn. p. +622. Alur. Beverl. p. 118.] + +This is the only memorable action performed during a reign of four +years, by this prince, who gave so bad a specimen of his character, +and whose bodily accomplishments alone are known to us by his +appellation of HAREFOOT, which he acquired from his agility in running +and walking. He died on the 14th of April, 1039; little regretted or +esteemed by his subjects, and left the succession open to his brother, +Hardicanute. + +[MN Hardicanute. 1039.] +Hardicanute, or Canute the Hardy, that is, the robust, (for he too is +chiefly known by his bodily accomplishments,) though, by remaining so +long in Denmark, he had been deprived of his share in the partition of +the kingdom, had not abandoned his pretensions; and he had determined, +before Harold's death, to recover by arms what he had lost, either by +his own negligence, or by the necessity of his affairs. On pretence +of paying a visit to the queen-dowager in Flanders, he had assembled a +fleet of sixty sail, and was preparing to make a descent on England, +when intelligence of his brother's death induced him to sail +immediately to London, where he was received in triumph, and +acknowledged king without opposition. + +The first act of Hardicanute's government afforded his subjects a bad +prognostic of his future conduct. He was so enraged at Harold for +depriving him of his share of the kingdom, and for the cruel treatment +of his brother Alfred, that, in an impotent desire of revenge against +the dead, he ordered his body to be dug up, and to be thrown into the +Thames; and, when it was found by some fishermen, and buried in +London, he ordered it again to be dug up, and to be thrown again into +the river; but it was fished up a second time, and then interred with +great secrecy. Godwin, equally servile and insolent, submitted to be +his instrument in this unnatural and brutal action. + +That nobleman knew that he was universally believed to have been an +accomplice in the barbarity exercised on Alfred, and that he was on +that account obnoxious to Hardicanute; and perhaps he hoped, by +displaying this rage against Harold's memory, to justify himself from +having had any participation in his counsels. But Prince Edward, +being invited over by the king, immediately on his appearance +preferred an accusation against Godwin for the murder of Alfred, and +demanded justice for that crime. Godwin, in order to appease the +king, made him a magnificent present of a galley with a gilt stern, +rowed by fourscore men, who bore each of them a gold bracelet on his +arm, weighing sixteen ounces, and were armed and clothed in the most +sumptuous manner. Hardicanute, pleased with the splendour of this +spectacle, quickly forgot his brother's murder; and on Godwin's +swearing that he was innocent of the crime, he allowed him to be +acquitted. + +Though Hardicanute, before his accession, had been called over by the +vows of the English, he soon lost the affections of the nation by his +misconduct; but nothing appeared more grievous to them, than his +renewing the imposition of Danegelt, and obliging the nation to pay a +great sum of money to the fleet which brought him from Denmark. The +discontents ran high in many places; in Worcester the populace rose, +and put to death two of the collectors. The king, enraged at this +opposition, swore vengeance against the city, and ordered three +noblemen, Godwin, Duke of Wessex, Siward, Duke of Northumberland, and +Leofric, Duke of Mercia, to execute his menaces with the utmost +rigour. They were obliged to set fire to the city, and deliver it up +to be plundered by their soldiers; but they saved the lives of the +inhabitants, whom they confined in a small island of the Severn, +called Bevery, till, by their intercession, they were able to appease +the king, and obtain the pardon of the supplicants. + +This violent government was of short duration. Hardicanute died in +two years after his accession, at the nuptials of a Danish lord, which +he had honoured with his presence. His usual habits of intemperance +were so well known, that, notwithstanding his robust constitution, his +sudden death gave as little surprise as it did sorrow to his subjects. + +[MN Edward the Confessor. 1041.] +The English, on the death of Hardicanute, saw a favourable opportunity +for recovering their liberty, and for shaking off the Danish yoke, +under which they had so long laboured. Sweyn, King of Norway, the +eldest son of Canute, was absent; and as the two last kings had died +without issue, none of that race presented himself, nor any whom the +Danes could support as successor to the throne. Prince Edward was +fortunately at court on his brother's demise; and though the +descendants of Edmund Ironside were the true heirs of the Saxon +family, yet their absence in so remote a country as Hungary, appeared +a sufficient reason for their exclusion, to a people like the English, +so little accustomed to observe a regular order in the succession of +their monarchs. All delays might be dangerous; and the present +occasion must hastily be embraced; while the Danes, without concert, +without a leader, astonished at the present incident, and anxious only +for their personal safety, durst not oppose the united voice of the +nation. + +But this concurrence of circumstances in favour of Edward might have +failed of its effect, had his succession been opposed by Godwin, whose +power, alliances, and abilities gave him a great influence at all +times, especially amidst those sudden opportunities which always +attend a revolution of government, and which, either seized or +neglected, commonly prove decisive. There were opposite reasons which +divided men's hopes and fears with regard to Godwin's conduct. On the +one hand, the credit of that nobleman lay chiefly in Wessex, which was +almost entirely inhabited by English: it was therefore presumed that +he would second the wishes of that people, in restoring the Saxon line +and in humbling the Danes, from whom he, as well as they, had reason +to dread, as they had already felt the most grievous oppressions. On +the other hand, there subsisted a declared animosity between Edward +and Godwin, on account of Alfred's murder, of which the latter had +publicly been accused by the prince, and which he might believe so +deep an offence, as could never, on account of any subsequent merits, +be sincerely pardoned. But their common friends here interposed; and, +representing the necessity of their good correspondence, obliged them +to lay aside all jealousy and rancour, and concur in restoring liberty +to their native country. Godwin only stipulated, that Edward, as a +pledge of his sincere reconciliation, should promise to marry his +daughter Editha; and having fortified himself by this alliance, he +summoned a general council at Gillingham, and prepared every measure +for securing the succession to Edward. The English were unanimous and +zealous in their resolutions; the Danes were divided and dispirited: +any small opposition which appeared in the assembly was browbeaten and +suppressed; and Edward was crowned king, with every demonstration of +duty and affection. + +The triumph of the English, upon this signal and decisive advantage, +was at first attended with some assault and violence against the +Danes; but the king, by the mildness of his character, soon reconciled +the latter to his administration, and the distinction between the two +nations gradually disappeared. The Danes were interspersed with the +English in most of the provinces; they spoke nearly the same language; +they differed little in their manners and laws; domestic dissensions +in Denmark prevented, for some years, any powerful invasion from +thence, which might awaken past animosities; and as the Norman +Conquest, which ensued soon after, reduced both nations to equal +subjection, there is no further mention in history of any difference +between them. The joy, however, of their present deliverance made +such impression on the minds of the English, that they instituted an +annual festival for celebrating that great event; and it was observed +in some counties even to the time of Spellman [z]. +[FN [z] Spellm. Glossary, in verbo HOCDAY.] + +The popularity which Edward enjoyed on his accession was not destroyed +by the first act of his administration, his resuming all the grants of +his immediate predecessors; an attempt which is commonly attended with +the most dangerous consequences. The poverty of the crown convinced +the nation that this act of violence was become absolutely necessary; +and as the loss fell chiefly on the Danes, who had obtained large +grants from the late kings, their countrymen, on account of their +services in subduing the kingdom, the English were rather pleased to +see them reduced to their primitive poverty. The king's severity also +towards his mother, the queen-dowager, though exposed to some more +censure, met not with very general disapprobation. He had hitherto +lived on indifferent terms with the princess; he accused her of +neglecting him and his brother during their adverse fortune [a]; he +remarked that as the superior qualities of Canute, and his better +treatment of her, had made her entirely indifferent to the memory of +Ethelred, she also gave the preference to her children of the second +bed, and always regarded Hardicanute as her favourite. The same +reasons had probably made her unpopular in England; and though her +benefactions to the monks obtained her the favour of that order, the +nation was not, in general, displeased to see her stripped by Edward +of immense treasure which she had amassed. He confined her, during +the remainder of her life, in a monastery at Winchester, but carried +his rigour against her no farther. The stories of his accusing her of +a participation in her son Alfred's murder, and of a criminal +correspondence with the Bishop of Winchester, and also of her +justifying herself by treading barefoot, without receiving any hurt, +over nine burning ploughshares, were the inventions of the monkish +historians, and were propagated and believed from the silly wonder of +posterity [b]. +[FN [a] Anglia Sacra, vol. i. p. 237. [b] Higden, p. 277.] + +The English flattered themselves that, by the accession of Edward, +they were delivered for ever from the dominion of foreigners; but they +soon found that this evil was not yet entirely removed. The king had +been educated in Normandy; and had contracted many intimacies with the +natives of that country, as well as an affection for their manners +[c]. The court of England was soon filled with Normans, who, being +distinguished both by the favour of Edward, and by a degree of +cultivation superior to that which was attained by the English in +those ages, soon rendered their language, customs, and laws, +fashionable in the kingdom. The study of the French tongue became +general among the people. The courtiers affected to imitate that +nation in their dress, equipage, and entertainments: even the lawyers +employed a foreign language in their deeds and papers [d]. But, above +all, the church felt the influence and dominion of those strangers: +Ulf and William, two Normans, who had formerly been the king's +chaplains, were created Bishops of Dorchester and London. Robert, a +Norman also, was promoted to the see of Canterbury [e], and always +enjoyed the highest favour of his master, of which his abilities +rendered him not unworthy. And though the king's prudence, or his +want of authority, made him confer almost all the civil and military +employments on the natives, the ecclesiastical preferments fell often +to the share of the Normans; and as the latter possessed Edward's +confidence, they had secretly a great influence on public affairs, and +excited the jealousy of the English, particularly of Earl Godwin [f]. +[FN [c] Ingulph. p. 62. [d] Ingulph. p. 62. [e] Chron. Sax. p. 161. +[f] W. Malm. p. 80.] + +This powerful nobleman, besides being Duke or Earl of Wessex, had the +counties of Kent and Sussex annexed to his government. His eldest +son, Sweyn, possessed the same authority in the counties of Oxford, +Berks, Gloucester, and Hereford; and Harold, his second son, was Duke +of East Anglia, and at the same time governor of Essex. The great +authority of this family was supported by immense possessions and +powerful alliances; and the abilities, as well as ambition of Godwin +himself, contributed to render it still more dangerous. A prince of +greater capacity and vigour than Edward would have found it difficult +to support the dignity of the crown under such circumstances; and as +the haughty temper of Godwin made him often forget the respect due to +his prince, Edward's animosity against him was grounded on personal as +well as political considerations, on recent as well as more ancient +injuries. The king, in pursuance of his engagements, had indeed +married Editha, the daughter of Godwin [g]; but this alliance became a +fresh source of enmity between them. Edward's hatred of the father +was transferred to that princess; and Editha, though possessed of many +amiable accomplishments, could never acquire the confidence and +affection of her husband. It is even pretended that, during the whole +course of her life, he abstained from all commerce of love with her; +and such was the absurd admiration paid to an inviolable chastity +during those ages, that his conduct in this particular is highly +celebrated by the monkish historians, and greatly contributed to his +acquiring the title of Saint and Confessor [h]. [MN 1048] +[FN [g] Chron. Sax. p. 157. [h] Wm. Malm. p. 80 Higden, p. 277. +Abbas Rieval. p. 366, 377. Matth. West. p. 221. Chron. Thom. Wykes, +p. 21. Anglia Sacra, vol. i. p. 241.] + +The most popular pretence on which Godwin could ground his +disaffection to the king and his administration was to complain of the +influence of the Normans in the government; and a declared opposition +had thence arisen between him and these favourites. It was not long +before this animosity broke into action. Eustace, Count of Boulogne, +having paid a visit to the king, passed by Dover in his return; one of +his train, being refused entrance to a lodging which had been assigned +him, attempted to make his way by force, and in the contest he wounded +the master of the house. The inhabitants revenged this insult by the +death of the stranger; the count and his train took arms, and murdered +the wounded townsman; a tumult ensued; near twenty persons were killed +on each side; and Eustace, being overpowered by numbers, was obliged +to save his life by flight from the fury of the populace. He hurried +immediately to court and complained of the usage he had met with: the +king entered zealously into the quarrel, and was highly displeased +that a stranger of such distinction, whom he had invited over to his +court, should, without any just cause, as he believed, have felt so +sensibly the insolence and animosity of his people. He gave orders to +Godwin, in whose government Dover lay, to repair immediately to the +place, and to punish the inhabitants for the crime: but Godwin, who +desired rather to encourage than repress the popular discontents +against foreigners, refused obedience, and endeavoured to throw the +whole blame of the riot on the Count of Boulogne and his retinue [i]. +Edward, touched in so sensible a point, saw the necessity of exerting +the royal authority; and he threatened Godwin, if he persisted in his +disobedience, to make him feel the utmost effects of his resentment. +[FN [i] Chron. Sax. p. 163. W. Malm. p. 81. Higden, p. 279.] + +The earl, perceiving a rupture to be unavoidable, and pleased to +embark in a cause where it was likely he should be supported by his +countrymen, made preparations for his own defence, or rather for an +attack on Edward. Under pretence of repressing some disorders on the +Welsh frontier, he secretly assembled a great army, and was +approaching the king, who resided, without any military force, and +without suspicion, at Gloucester [k]. Edward applied for protection +to Siward, Duke of Northumberland, and Leofric, Duke of Mercia, two +powerful noblemen, whose jealousy of Godwin's greatness, as well as +their duty to the crown, engaged them to defend the king in this +extremity. They hastened to him with such of their followers as they +could assemble on a sudden; and finding the danger much greater than +they had at first apprehended, they issued orders for mustering all +the forces within their respective governments, and for marching them +without delay to the defence of the king's person and authority. +Edward, meanwhile, endeavoured to gain time by negotiation; while +Godwin, who thought the king entirely in his power, and who was +willing to save appearances, fell into the snare; and, not sensible +that he ought to have no farther reserve after he had proceeded so +far, he lost the favourable opportunity of rendering himself master of +the government. +[FN [k] Chron. Sax. p. 163. W. Malm. p. 81.] + +The English, though they had no high idea of Edward's vigour and +capacity, bore him great affection, on account of his humanity, +justice, and piety, as well as the long race of their native kings +from whom he was descended; and they hastened from all quarters to +defend him from the present danger. His army was now so considerable, +that he ventured to take the field, and marching to London, he +summoned a great council to judge of the rebellion of Godwin and his +sons. These noblemen pretended at first that they were willing to +stand their trial; but having in vain endeavoured to make their +adherents persist in rebellion, they offered to come to London, +provided they might receive hostages for their safety: this proposal +being rejected, they were obliged to disband the remains of their +forces, and have recourse to flight. Baldwin, Earl of Flanders, gave +protection to Godwin and his three sons, Gurth, Sweyn, and Tosti; the +latter of whom had married the daughter of that prince. Harold and +Leofwin, two other of his sons, took shelter in Ireland. The estates +of the father and sons were confiscated: their governments were given +to others: Queen Editha was confined in a monastery at Warewel: and +the greatness of this family, once so formidable, seemed now to be +totally supplanted and overthrown. + +But Godwin had fixed his authority on too firm a basis, and he was too +strongly supported by alliances, both foreign and domestic, not to +occasion farther disturbances and make new efforts for his +re-establishment. [MN 1052.] The Earl of Flanders permitted him to +purchase and hire ships within his harbours; and Godwin, having manned +them with his followers, and with freebooters of all nations, put to +sea, and attempted to make a descent at Sandwich. The king, informed +of his preparations, had equipped a considerable fleet, much superior +to that of the enemy; and the earl, hastily, before their appearance, +made his retreat into the Flemish harbours [l]. The English court, +allured by the present security, and destitute of all vigorous +counsels, allowed the seamen to disband, and the fleet to go to decay +[m], while Godwin, expecting the event, kept his men in readiness for +action. He put to sea immediately, and sailed to the Isle of Wight, +where he was joined by Harold, with a squadron which the nobleman had +collected in Ireland. He was now master of the sea; and entering +every harbour in the southern coast, he seized all the ships [n], and +summoned his followers in those counties, which had so long been +subject to his government, to assist him in procuring justice to +himself, his family, and his country, against the tyranny of +foreigners. Reinforced by great numbers from all quarters, he entered +the Thames; and appearing before London, threw every thing into +confusion. The king alone seemed resolute to defend himself to the +last extremity; but the interposition of the English nobility, many of +whom favoured Godwin's pretensions, made Edward hearken to terms of +accommodation; and the feigned humility of the earl, who disclaimed +all intentions of offering violence to his sovereign, and desired only +to justify himself by a fair and open trial, paved the way for his +more easy admission. It was stipulated that he should give hostages +for his good behaviour, and that the primate and all the foreigners +should be banished: by this treaty, the present danger of a civil war +was obviated, but the authority of the crown was considerably +impaired, or rather entirely annihilated. Edward, sensible that he +had not power sufficient to secure Godwin's hostages in England, sent +them over to his kinsman, the young Duke of Normandy. +[FN [1] Sim. Dun. p. 186. [m] Chron. Sax. p. 166. [n] Ibid.] + +Godwin's death, which happened soon after, while he was sitting at +table with the king, prevented him from farther establishing the +authority which he had acquired, and from reducing Edward to still +greater subjection [o]. He was succeeded in the government of Wessex, +Sussex, Kent, and Essex, and in the office of steward of the +household, a place of great power, by his son Harold, who was actuated +by an ambition equal to that of his father, and was superior to him in +address, in insinuation, and in virtue. By a modest and gentle +demeanour, he acquired the good-will of Edward; at least softened that +hatred which the prince had so long borne his family [p]; and gaining +every day new partisans by his bounty and affability, he proceeded in +a more silent and therefore a more dangerous manner, to the increase +of his authority. The king, who had not sufficient vigour directly to +oppose his progress, knew of no other expedient than that hazardous +one, of raising him a rival in the family of Leofric, Duke of Mercia, +whose son Algar was invested with the government of East Anglia, +which, before the banishment of Harold, had belonged to the latter +nobleman. But this policy, of balancing opposite parties, required a +more steady hand to manage it than that of Edward, and naturally +produced faction, and even civil broils, among nobles of such mighty +and independent authority. Algar was soon after expelled his +government by the intrigues and power of Harold; but being protected +by Griffith, Prince of Wales, who had married his daughter, as well as +by the power of his father, Leofric, he obliged Harold to submit to an +accommodation, and was reinstated in the government of East Anglia. +This peace was not of long duration: Harold, taking advantage of +Leofric's death, which happened soon after, expelled Algar anew, and +banished him the kingdom; and though that nobleman made a fresh +irruption into East Anglia with an army of Norwegians, and overran the +country, his death soon freed Harold from the pretensions of so +dangerous a rival. Edward, the eldest son of Algar, was indeed +advanced to the government of Mercia; but the balance which the king +desired to establish between those potent families was wholly lost, +and the influence of Harold greatly preponderated. +[FN [o] See note [D] at the end of the volume. [p] Brompton, p. 948.] + +[MN 1055.] The death of Siward, Duke of Northumberland, made the way +still more open to the ambition of that nobleman. Siward, besides his +other merits, had acquired honour to England by his successful conduct +in the only foreign enterprise undertaken during the reign of Edward. +Duncan, King of Scotland, was a prince of a gentle disposition, but +possessed not the genius requisite for governing a country so +turbulent, and so much infested by the intrigues and animosities of +the great Macbeth, a powerful nobleman, and nearly allied to the +crown, not content with curbing the king's authority, carried still +farther his pestilent ambition; he put his sovereign to death; chased +Malcolm Kenmore, his son and heir, into England; and usurped the +crown. Siward, whose daughter was married to Duncan, embraced, by +Edward's orders, the protection of this distressed family: he marched +an army into Scotland; and having defeated and killed Macbeth in +battle, he restored Malcolm to the throne of his ancestors [q]. This +service, added to his former connexions with the royal family of +Scotland, brought a great accession to the authority of Siward in the +north; but as he had lost his eldest son, Osberne, in the action with +Macbeth, it proved in the issue fatal to his family. His second son, +Walthoef, appeared, on his father's death, too young to be intrusted +with the government of Northumberland; and Harold's influence obtained +that dukedom for his own brother Tosti. +[FN [q] W. Malm. p. 79. Hoveden, p. 443. Chron. Mailr. p. 158. +Buchanan, p. 115. edit. 1715.] + +There are two circumstances related of Siward, which discover his high +sense of honour, and his martial disposition. When intelligence was +brought him of his son Osberne's death, he was inconsolable till he +heard that the wound was received in the breast, and that he had +behaved with great gallantry in the action. When he found his own +death approaching, he ordered his servants to clothe him in a complete +suit of armour; and sitting erect on the couch, with a spear in his +hand, declared that in that posture, the only one worthy of a warrior, +he would patiently await the fatal moment. + +The king, now worn out with cares and infirmities, felt himself far +advanced in the decline of life; and having no issue himself, began to +think of appointing a successor to the kingdom. He sent a deputation +to Hungary, to invite over his nephew, Edward, son of his elder +brother, and the only remaining heir of the Saxon line. That prince, +whose succession to the crown would have been easy and undisputed, +came to England with his children, Edgar, surnamed Atheling, Margaret, +and Christina; but his death, which happened a few days after his +arrival, threw the king into new difficulties. He saw, that the great +power and ambition of Harold had tempted him to think of obtaining +possession of the throne on the first vacancy, and that Edgar, on +account of his youth and inexperience, was very unfit to oppose the +pretensions of so popular and enterprising a rival. The animosity +which he had long borne to Earl Godwin, made him averse to the +succession of his son, and he could not, without extreme reluctance, +think of an increase of grandeur to a family which had risen on the +ruins of royal authority, and which, by the murder of Alfred his +brother, had contributed so much to the weakening of the Saxon line. +In this uncertainty, he secretly cast his eye towards his kinsman, +William, Duke of Normandy, as the only person whose power, and +reputation, and capacity, could support any destination which he might +make in his favour, to the exclusion of Harold and his family [r]. +[FN [r] Ingulph. p. 68.] + +This famous prince was natural son of Robert, Duke of Normandy, by +Harlotta, daughter of a tanner in Falaise [s], and was very early +established in that grandeur from which his birth seemed to have set +him at so great a distance. While he was but nine years of age, his +father had resolved to undertake a pilgrimage to Jerusalem; a +fashionable act of devotion, which had taken the place of pilgrimages +to Rome, and which, as it was attended with more difficulty and +danger, and carried those religious adventurers to the first sources +of Christianity, appeared to them more meritorious. Before his +departure, he assembled the states of the duchy; and informing them of +his design, he engaged them to swear allegiance to his natural son, +William, whom, as he had no legitimate issue, he intended, in case he +should die in the pilgrimage, to leave successor to his dominions [t]. +As he was a prudent prince, he could not but foresee the great +inconveniences which must attend this journey, and this settlement of +his succession, arising from the turbulency of the great, the claims +of other branches of the ducal family, and the power of the French +monarch; but all these considerations were surmounted by the +prevailing zeal for pilgrimages [u]; and probably the more important +they were, the more would Robert exult in sacrificing them to what he +imagined to be his religious duty. +[FN [s] Brompton, p. 910. [t] W. Malm. p. 95. [u] Ypod. Neust. p. +452.] + +This prince, as he had apprehended, died in his pilgrimage; and the +minority of his son was attended with all those disorders which were +almost unavoidable in that situation. The licentious nobles, freed +from the awe of sovereign authority, broke out into personal +animosities against each other, and made the whole country a scene of +war and devastation [w]. Roger, Count of Toni, and Alain, Count of +Britany, advanced claims to the dominion of the state; and Henry I., +King of France, thought the opportunity favourable for reducing the +power of a vassal, who had originally acquired his settlement in so +violent and invidious a manner, and who had long appeared formidable +to his sovereign [x]. The regency established by Robert encountered +great difficulties in supporting the government under this +complication of dangers; and the young prince, when he came to +maturity, found himself reduced to a very low condition. But the +great qualities which he soon displayed in the field and in the +cabinet gave encouragement to his friends, and struck a terror into +his enemies. He opposed himself on all sides against his rebellious +subjects, and against foreign invaders; and by his valour and conduct +prevailed in every action. He obliged the French king to grant him +peace on reasonable terms; he expelled all pretenders to the +sovereignty; and he reduced his turbulent barons to pay submission to +his authority, and to suspend their mutual animosities. The natural +severity of his temper appeared in a rigorous administration of +justice; and having found the happy effects of this plan of +government, without which the laws in those ages became totally +impotent, he regarded it as a fixed maxim, that an inflexible conduct +was the first duty of a sovereign. +[FN [w] W. Malm. p. 95. Gul. Gemet. lib. 7. cap. 1. [x] W. Malm. p. +97.] + +The tranquillity which he had established in his dominions had given +William leisure to pay a visit to the King of England during the time +of Godwin's banishment; and he was received in a manner suitable to +the great reputation which he had acquired, to the relation by which +he was connected with Edward, and to the obligations which that prince +owed to his family [y]. On the return of Godwin, and the expulsion of +the Norman favourites, Robert, Archbishop of Canterbury, had, before +his departure, persuaded Edward to think of adopting William as his +successor; a counsel which was favoured by the king's aversion to +Godwin, his prepossessions for the Normans, and his esteem of the +duke. That prelate, therefore, received a commission to inform +William of the king's intentions in his favour; and he was the first +person that opened the mind of the prince to entertain those ambitious +hopes [z]. But Edward, irresolute and feeble in his purpose, finding +that the English would more easily acquiesce in the restoration of the +Saxon line, had, in the mean time, invited his brother's descendants +from Hungary, with a view of having them recognised heirs to the +crown. The death of his nephew, and the inexperience and unpromising +qualities of young Edgar, made him resume his former intentions in +favour of the Duke of Normandy; though his aversion to hazardous +enterprises engaged him to postpone the execution, and even to keep +his purpose secret from all his ministers. +[FN [y] Hoveden, p. 442. Ingulph. p. 65. Chron. Mailr. p. 157. +Higden, p. 279. [z] Ingulph. p. 68. Gul. Gemet lib. 7. cap. 31. +Order. Vitalis, p. 492.] + +Harold, meanwhile, proceeded after a more open manner in increasing +his popularity, in establishing his power, and in preparing the way +for his advancement on the first vacancy; an event which, from the age +and infirmities of the king, appeared not very distant. But there was +still an obstacle, which it was requisite for him previously to +overcome. Earl Godwin, when restored to his power and fortune, had +given hostages for his good behaviour, and, among the rest, one son +and one grandson, whom Edward, for greater security, as has been +related, had consigned to the custody of the Duke of Normandy. +Harold, though not aware of the duke's being his competitor, was +uneasy that such near relations should be detained prisoners in a +foreign country; and he was afraid lest William should, in favour of +Edgar, retain those pledges as a check on the ambition of any other +pretender. He represented, therefore, to the king, his unfeigned +submission to royal authority, his steady duty to his prince, and the +little necessity there was, after such a uniform trial of his +obedience, to detain any longer those hostages who had been required +on the first composing of civil discords. By these topics, enforced +by his great power, he extorted the king's consent to release them; +and in order to effect his purpose, he immediately proceeded, with a +numerous retinue, on his journey to Normandy. A tempest drove him on +the territory of Guy, Count of Ponthieu, who, being informed of his +quality, immediately detained him prisoner, and demanded an exorbitant +sum for his ransom. Harold found means to convey intelligence of his +situation to the Duke of Normandy; and represented, that while he was +proceeding to HIS court, in execution of a commission from the King of +England, he had met with this harsh treatment from the mercenary +disposition of the Count of Ponthieu. + +William was immediately sensible of the importance of the incident. +He foresaw, that if he could once gain Harold, either by favours or +menaces, his way to the throne of England would be open, and Edward +would meet with no farther obstacle in executing the favourable +intentions which he had entertained in his behalf. He sent, +therefore, a messenger to Guy, in order to demand the liberty of his +prisoner; and that nobleman, not daring to refuse so great a prince, +put Harold into the hands of the Norman, who conducted him to Rouen. +William received him with every demonstration of respect and +friendship; and after showing himself disposed to comply with his +desire, in delivering up the hostages, he took an opportunity of +disclosing to him the great secret of his pretensions to the crown of +England, and of the will which Edward intended to make in his favour. +He desired the assistance of Harold in perfecting that design; he made +professions of the utmost gratitude in return for so great an +obligation; he promised that the present grandeur of Harold's family, +which supported itself with difficulty under the jealousy and hatred +of Edward, should receive new increase from a successor, who would be +so greatly beholden to him for his advancement. Harold was surprised +at this declaration of the duke; but being sensible that he should +never recover his own liberty, much less that of his brother and +nephew, if he refused the demand, he feigned a compliance with +William, renounced all hopes of the crown for himself, and professed +his sincere intention of supporting the will of Edward, and seconding +the pretensions of the Duke of Normandy. William, to bind him faster +to his interests, besides offering him one of his daughters in +marriage, required him to take an oath that he would fulfil his +promises; and in order to render the oath more obligatory, he employed +an artifice well suited to the ignorance and superstition of the age. +He secretly conveyed under the altar, on which Harold agreed to swear, +the relics of some of the most revered martyrs; and when Harold had +taken the oath, he showed him the relics, and admonished him to +observe religiously an engagement which had been ratified by so +tremendous a sanction [a]. The English nobleman was astonished; but +dissembling his concern, he renewed the same professions, and was +dismissed with all the marks of mutual confidence by the Duke of +Normandy. +[FN [a] Wace, p. 459, 460. MS. penes Carte, p. 354. W. Malm. p. 93. +H. Hunt p. 366. Hoveden, p. 449. Brompton, p. 947.] + +When Harold found himself at liberty, his ambition suggested casuistry +sufficient to justify to him the violation of an oath, which had been +extorted from him by fear, and which, if fulfilled, might be attended +with the subjection of his native country to a foreign power. He +continued still to practise every art of popularity; to increase the +number of his partisans; to reconcile the minds of the English to the +idea of his succession; to revive their hatred of the Normans; and by +an ostentation of his power and influence, to deter the timorous +Edward from executing his intended destination in favour of William. +Fortune, about this time, threw two incidents in his way, by which he +was enabled to acquire general favour, and to increase the character, +which he had already attained, of virtue and abilities. + +The Welsh, though a less formidable enemy than the Danes, had long +been accustomed to infest the western borders; and after committing +spoil on the low countries, they usually made a hasty retreat into +their mountains, where they were sheltered from the pursuit of their +enemies, and were ready to seize the first favourable opportunity of +renewing their depredations. Griffith, the reigning prince, had +greatly distinguished himself in those incursions; and his name had +become so terrible to the English, that Harold found he could do +nothing more acceptable to the public, and more honourable for +himself, than the suppressing of so dangerous an enemy. He formed the +plan of an expedition against Wales; and having prepared some light- +armed foot to pursue the natives into their fastnesses, some cavalry +to scour the open country, and a squadron of ships to attack the +seacoast, he employed at once all these forces against the Welsh, +prosecuted his advantages with vigour, made no intermission in his +assaults, and at last reduced the enemy to such distress, that, in +order to prevent their total destruction, they made a sacrifice of +their prince, whose head they cut off and sent to Harold; and they +were content to receive as their sovereigns two Welsh noblemen +appointed by Edward to rule over them. The other incident was no less +honourable to Harold. + +Tosti, brother of this nobleman, who had been created Duke of +Northumberland, being of a violent tyrannical temper, had acted with +such cruelty and injustice, that the inhabitants rose in rebellion, +and chased him from his government. Morcar and Edwin, two brothers, +who possessed great power in those parts, and who were grandsons of +the great Duke Leofric, concurred in the insurrection; and the former, +being elected duke, advanced with an army to oppose Harold, who was +commissioned by the king to reduce and chastise the Northumbrians. +Before the armies came to action, Morcar, well acquainted with the +generous disposition of the English commander, endeavoured to justify +his own conduct. He represented to Harold, that Tosti had behaved in +a manner unworthy of the station to which he was advanced, and no one, +not even a brother, could support such tyranny without participating, +in some degree, of the infamy attending it; that the Northumbrians, +accustomed to a legal administration, and regarding it as their birth- +right, were willing to submit to the king, but required a governor who +would pay regard to their rights and privileges; that they had been +taught by their ancestors, that death was preferable to servitude, and +had taken the field, determined to perish rather than suffer a renewal +of those indignities to which they had so long been exposed; and they +trusted that Harold, on reflection, would not defend in another that +violent conduct, from which he himself, in his own government, had +always kept at so great a distance. This vigorous remonstrance was +accompanied with such a detail of facts, so well supported, that +Harold found it prudent to abandon his brother's cause; and returning +to Edward, he persuaded him to pardon the Northumbrians, and to +confirm Morcar in the government. He even married the sister of that +nobleman [b]; and by his interest procured Edwin, the younger brother, +to be elected into the government of Mercia. Tosti in rage departed +the kingdom, and took shelter in Flanders with Earl Baldwin, his +father-in-law. +[FN [b] Order Vitalis, p. 492.] + +By this marriage Harold broke all measures with the Duke of Normandy; +and William clearly perceived that he could no longer rely on the +oaths and promises which he had extorted from him. But the English +nobleman was now in such a situation, that he deemed it no longer +necessary to dissemble. He had in his conduct towards the +Northumbrians, given such a specimen of his moderation as had gained +him the affections of his countrymen. He saw that almost all England +was engaged in his interests; while he himself possessed the +government of Wessex, Morcar that of Northumberland, and Edward that +of Mercia. He now openly aspired to the succession; and insisted, +that since it was necessary, by the confession of all, to set aside +the royal family, on account of the imbecility of Edgar, the sole +surviving heir, there was no one as capable of filling the throne as a +nobleman of great power, of mature age, of long experience, of +approved courage and abilities, who, being a native of the kingdom, +would effectually secure it against the dominion and tyranny of +foreigners. Edward, broken with age and infirmities, saw the +difficulties too great for him to encounter; and though his inveterate +prepossession kept him from seconding the pretensions of Harold, he +took but feeble and irresolute steps for securing the succession to +the Duke of Normandy [c]. While he continued in this uncertainty he +was surprised by sickness, which brought him to his grave, on the +fifth of January 1066, in the sixty-fifth year of his age, and twenty- +fifth of his reign. +[FN [c] See note [F] at the end of the volume.] + +This prince, to whom the monks gave the title of Saint and Confessor, +was the last of the Saxon line that ruled in England. Though his +reign was peaceable and fortunate, he owed his prosperity less to his +own abilities than to the conjunctures of the times. The Danes, +employed in other enterprises, attempted not those incursions which +had been so troublesome to all his predecessors, and fatal to some of +them. The facility of his disposition made him acquiesce under the +government of Godwin and his son Harold; and the abilities, as well as +the power, of these noblemen enabled them, while they were entrusted +with authority, to preserve domestic peace and tranquillity. The most +commendable circumstance of Edward's government was his attention to +the administration of justice, and his compiling, for that purpose, a +body of laws, which he collected from the laws of Ethelbert, Ina, and +Alfred. This compilation, though now lost, (for the laws that pass +under Edward's name were composed afterwards [d],) was long the object +of affection to the English nation. +[FN [d] Spellm. in verbo BELLIVA.] + +Edward the Confessor was the first that touched for the king's evil: +the opinion of his sanctity procured belief to this cure among the +people: his successors regarded it as a part of their state and +grandeur to uphold the same opinion. It has been continued down to +our time; and the practice was first dropped by the present royal +family, who observed that it could no longer give amazement even to +the populace, and was attended with ridicule in the eyes of all men of +understanding. + +[MN Harold. 1066. January.] +Harold had so well prepared matters before the death of Edward, that +he immediately stepped into the vacant throne; and his accession was +attended with as little opposition and disturbance, as if he had +succeeded by the most undoubted hereditary title. The citizens of +London were his zealous partisans: the bishops and clergy had adopted +his cause; and all the powerful nobility, connected with him by +alliance or friendship, willingly seconded his pretensions. The title +of Edgar Atheling was scarcely mentioned; much less the claim of the +Duke of Normandy: and Harold, assembling his partisans, received the +crown from their hands, without waiting for the free deliberation of +the states, or regularly submitting the question to their +determination [e]. If any were averse to this measure, they were +obliged to conceal their sentiments; and the new prince, taking a +general silence for consent, and founding his title on the supposed +suffrages of the people, which appeared unanimous, was, on the day +immediately succeeding Edward's death, crowned and anointed king, by +Aldred, Archbishop of York. The whole nation seemed joyful to +acquiesce in his elevation. +[FN [e] G. Pict. p. 196. Ypod. Neust. p. 436. Order. Vitalis, p. +492. M. West. p. 221 W. Malm. p. 93. Ingulph. p. 68. Brompton, p. +957. Knyghton, p. 2339. H. Hunt. p. 210. Many of the historians +say, that Harold was regularly elected by the states: some, that +Edward left him his successor by will.] + +The first symptoms of danger which the king discovered came from +abroad, and from his own brother Tosti, who had submitted to a +voluntary banishment in Flanders. Enraged at the successful ambition +of Harold, to which he himself had fallen a victim, he filled the +court of Baldwin with complaints of the injustice which he had +suffered; he engaged the interest of that family against his brother: +he endeavoured to form intrigues with some of the discontented nobles +in England: he sent his emissaries to Norway, in order to rouse to +arms the freebooters of that kingdom, and to excite the hopes of +reaping advantage from the unsettled state of affairs on the +usurpation of the new king: and that he might render the combination +more formidable, he made a journey to Normandy, in expectation that +the duke, who had married Matilda, another daughter of Baldwin, would, +in revenge of his own wrongs, as well as those of Tosti, second, by +his counsels and forces, the projected invasion of England [f]. +[FN [f] Order. Vitalis, p. 492.] + +The Duke of Normandy, when he first received intelligence of Harold's +intrigues and accession, had been moved to the highest pitch of +indignation; but that he might give the better colour to his +pretensions, he sent an embassy to England, upbraiding that prince +with his breach of faith, and summoning him to resign immediately +possession of the kingdom. Harold replied to the Norman ambassadors, +that the oath with which he was reproached had been extorted by the +well-grounded fear of violence, and could never, for that reason, be +regarded as obligatory: that he had had no commission either from the +late king, or the states of England, who alone could dispose of the +crown, to make any tender of the succession to the Duke of Normandy; +and if he, a private person, had assumed so much authority, and had +even voluntarily sworn to support the duke's pretensions, the oath was +unlawful, and it was his duty to seize the first opportunity of +breaking it: that he had obtained the crown by the unanimous suffrages +of the people; and should prove himself totally unworthy of their +favour, did he not strenuously maintain those national liberties, with +whose protection they had entrusted him: and that the duke, if he made +any attempt by force of arms, should experience the power of an united +nation, conducted by a prince, who, sensible of the obligations +imposed on him by his royal dignity, was determined that the same +moment should put a period to his life and to his government [g]. +[FN [g] W. Malm. p. 99. Higden, p. 285. Matth. West. p. 222. De +Gest. Angl. ancento auctore, p. 331.] + +This answer was no other than William expected; and he had previously +fixed his resolution of making an attempt upon England. Consulting +only his courage, his resentment, and his ambition, he overlooked all +the difficulties inseparable from an attack on a great kingdom by such +inferior force, and he saw only the circumstances which would +facilitate his enterprise. He considered that England, ever since the +accession of Canute, had enjoyed profound tranquillity during a period +of over fifty years; and it would require time for its soldiers, +enervated by long peace, to learn discipline, and its generals +experience. He knew that it was entirely unprovided with fortified +towns, by which it could prolong the war; but must venture its whole +fortune in one decisive action against a veteran enemy, who, being +once master of the field, would be in a condition to overrun the +kingdom. He saw that Harold, though he had given proofs of vigour and +bravery, had newly mounted a throne, which he had acquired by faction, +from which he had excluded a very ancient royal family, and which was +likely to totter under him by its own instability, much more if shaken +by any violent external impulse; and he hoped, that the very +circumstance of his crossing the sea, quitting his own country, and +leaving himself no hopes of retreat, as it would astonish the enemy by +the boldness of the enterprise, would inspirit his soldiers by +despair, and rouse them to sustain the reputation of the Norman arms. + +The Normans, as they had long been distinguished by valour among all +the European nations, had at this time attained to the highest pitch +of military glory. Besides acquiring by arms such a noble territory +in France, besides defending it against continual attempts of the +French monarch and all his neighbours, besides exerting many acts of +vigour under their present sovereign; they had, about this very time, +revived their ancient fame, by the most hazardous exploits, and the +most wonderful successes in the other extremity of Europe. A few +Norman adventurers in Italy had acquired such an ascendant, not only +over the Italians and Greeks, but the Germans and Saracens, that +they expelled those foreigners, procured to themselves ample +establishments, and laid the foundation of the opulent kingdom of +Naples and Sicily [h]. These enterprises of men, who were all of them +vassals in Normandy, many of them banished for faction and rebellion, +excited the ambition of the haughty William, who disdained, after such +examples of fortune and valour, to be deterred from making an attack +on a neighbouring country, where he could be supported by the whole +force of his principality. +[FN [h] Gul. Gemet. lib. 7. cap. 30.] + +The situation also of Europe inspired William with hopes that, besides +his brave Normans he might employ against England the flower of the +military force which was dispersed in all the neighbouring states. +France, Germany, and the Low Countries, by the progress of the feudal +institutions, were divided and subdivided into many principalities and +baronies; and the possessors, enjoying the civil jurisdiction within +themselves, as well as the right of arms, acted, in many respects, as +independent sovereigns, and maintained their properties and +privileges, less by the authority of laws than by their own force and +valour. A military spirit had universally diffused itself throughout +Europe; and the several leaders, whose minds were elevated by their +princely situation, greedily embraced the most hazardous enterprises; +and being accustomed to nothing from their infancy but recitals of the +success attending wars and battles, they were prompted by a natural +ambition to imitate those adventurers, which they heard so much +celebrated, and which were so much exaggerated by the credulity of the +age. United, however loosely, by their duty to one superior lord, and +by their connexions with the great body of the community to which they +belonged, they desired to spread their fame each beyond his own +district; and in all assemblies, whether instituted for civil +deliberations, for military expeditions, or merely for show and +entertainment, to outshine each other by the reputation of strength +and prowess. Hence their genius for chivalry; hence their impatience +of peace and tranquillity; and hence their readiness to embark in any +dangerous enterprise, how little soever interested in its failure or +success. + +William, by his power, his courage, and his abilities, had long +maintained a pre-eminence among those haughty chieftains; and every +one who desired to signalize himself by his address in military +exercises, or in valour in action, had been ambitious of acquiring a +reputation in the court and in the armies of Normandy. Entertained +with that hospitality and courtesy which distinguished the age, they +had formed attachments with the prince, and greedily attended to the +prospects of the signal glory and elevation which he promised them in +return for their concurrence in an expedition against England. The +more grandeur there appeared in the attempt, the more it suited their +romantic spirit; the fame of the intended invasion was already +diffused every where; multitudes crowded to tender to the Duke their +service, with that of their vassals and retainers [i]; and William +found less difficulty in completing his levies than in choosing the +most veteran forces, and in rejecting the offers of those who were +impatient to acquire fame under so renowned a leader. +[FN [i] Gul. Pictavensis, p. 198.] + +Besides these advantages, which William owed to his personal valour +and good conduct, he was indebted to fortune for procuring him some +assistance, and also for removing many obstacles which it was natural +for him to expect in an undertaking, in which all his neighbours were +so deeply interested. Conan, Count of Britany, was his mortal enemy; +in order to throw a damp upon the duke's enterprise, he chose this +conjuncture for reviving his claim to Normandy itself; and he required +that, in case of William's success against England the possession of +that duchy should devolve to him [k]. But Conan died suddenly after +making this demand; and Hoel, his successor, instead of adopting the +malignity, or, more properly speaking, the prudence of his +predecessor, zealously seconded the duke's views and sent his eldest +son, Alain Fergant, to serve under him with a body of five thousand +Bretons. The counts of Anjou and of Flanders encouraged their +subjects to engage in the expedition; and even the court of France, +though it might justly fear the aggrandizement of so dangerous a +vassal, pursued not its interests on this occasion with sufficient +vigour and resolution. Philip I., the reigning monarch, was a minor; +and William, having communicated his project to the council, having +desired assistance, and offered to do homage, in case of his success, +for the crown of England, was indeed openly ordered to lay aside all +thoughts of the enterprise; but the Earl of Flanders, his father-in- +law, being at the head of the regency, favoured underhand his levies, +and secretly encouraged the adventurous nobility to enlist under the +standard of the Duke of Normandy. +[FN [k] Gul Gemet. lib. 7. cap. 33.] + +The Emperor, Henry IV., besides openly giving all his vassals +permission to embark in this expedition, which so much engaged the +attention of Europe, promised his protection to the duchy of Normandy +during the absence of the prince, and thereby enabled him to employ +his whole force in the invasion of England [l]. But the most +important ally whom William gained by his negotiations was the pope, +who had a mighty influence over the ancient barons, no less devout in +their religious principles, than valorous in their military +enterprises. The Roman pontiff, after an insensible progress, during +several ages of darkness and ignorance, began now to lift his head +openly above all the princes of Europe; to assume the office of a +mediator, or even an arbiter, in the quarrels of the greatest +monarchs; to interpose in all secular affairs; and to obtrude his +dictates as sovereign laws on his obsequious disciples. It was a +sufficient motive to Alexander II., the reigning pope, for embracing +William's quarrel, that he alone had made an appeal to his tribunal, +and rendered him umpire of the dispute between him and Harold; but +there were other advantages which that pontiff foresaw must result +from the conquest of England by the Norman arms. That kingdom, though +at first converted by Romish missionaries, though it had afterwards +advanced some farther steps towards subjection to Rome, maintained +still a considerable independence in its ecclesiastical +administration; and forming a world within itself, entirely separated +from the rest of Europe, it had hitherto proved inaccessible to those +exorbitant claims which supported the grandeur of the papacy. +Alexander therefore hoped, that the French and Norman barons, if +successful in their enterprise, might import into that country a more +devoted reverence to the holy see, and bring the English churches to a +nearer conformity with those of the continent. He declared +immediately in favour of William's claim; pronounced Harold a perjured +usurper; denounced excommunication against him and his adherents; and +the more to encourage the Duke of Normandy in his enterprise, he sent +him a consecrated banner, and a ring with one of St. Peter's hairs in +it [m]. Thus were al1 the ambition and violence of that invasion +covered over safely with the broad mantle of religion. +[FN [l] Gul. Pict. p. 198. [m] Baker, p. 22. edit. 1684.] + +The greatest difficulty which William had to encounter in his +preparations, arose from his own subjects in Normandy. The states of +the duchy were assembled at Lislebonne; and supplies being demanded +for the intended enterprise, which promised so much glory and +advantage to their country, there appeared a reluctance in many +members, both to grant sums so much beyond the common measure of taxes +in that age, and to set a precedent of performing their military +service at a distance from their own country. The duke, finding it +dangerous to solicit them in a body, conferred separately with the +richest individuals in the province; and beginning with those on whose +affections he most relied, he gradually engaged all of them to advance +the sums demanded. The Count of Longueville seconded him in his +negotiation; as did the Count of Mortaigne, Odo, Bishop of Baieux, and +especially William Fitz-Osborne, Count of Breteuil, and constable of +the duchy. Every person, when he himself was once engaged, +endeavoured to bring over others; and at last the states themselves, +after stipulating that this concession should be no precedent, voted +that they would assist their prince to the utmost in his intended +enterprise [n]. +[FN [n] Camden. Introd. ad Britan. p. 212. 2nd edit. Gibs. Verstegan, +p. 173.] + +William had now assembled a fleet of three thousand vessels, great and +small [o], and had selected an army of sixty thousand men from among +those numerous supplies which from every quarter solicited to be +received into his service. The camp bore a splendid yet a martial +appearance, from the discipline of the men, the beauty and vigour of +the horse, the lustre of the arms, and the accoutrements of both; but +above all, from the high names of nobility who engaged under the +banners of the Duke of Normandy. The most celebrated were Eustace, +Count of Boulogne, Aimeri de Thouars, Hugh d'Estaples, William +d'Evreux, Geoffrey de Routrou, Roger de Beaumont, William de Warenne, +Roger de Montgomery, Hugh de Grantmesnil, Charles Martel, and Geoffrey +Giffard [p]. To these bold chieftains William held up the spoils of +England as the prize of their valour; and pointing to the opposite +shore, called to them, that THERE was the field on which they must +erect trophies to their name, and fix their establishments. +[FN [o] Gul. Gemet. lib. 7. cap. 34. [p] Order. Vitalis, p. 501.] + +While he was making these mighty preparations, the duke, that he +might increase the number of Harold's enemies, excited the inveterate +rancour of Tosti, and encouraged him, in concert with Harold Halfagar, +King of Norway, to infest the coasts of England. Tosti, having +collected about sixty vessels in the ports of Flanders, put to sea; +and after committing some depredations on the south and east coasts, +he sailed to Northumberland, and was there joined by Halfagar, who +came over with a great armament of three hundred sail. The combined +fleets entered the Humber, and disembarked the troops, who began to +extend their depredations on all sides; when Morcar, Earl of +Northumberland, and Edwin, Earl of Mercia, the king's brother-in-law, +having hastily collected some forces, ventured to give them battle. +The action ended in the defeat and flight of these two noble men. + +Harold, informed of this defeat, hastened with an army to the +protection of his people; and expressed the utmost ardour to show +himself worthy of the crown which had been conferred upon him. This +prince, though he was not sensible of the full extent of his danger, +from the great combination against him, had employed every art of +popularity to acquire the affections of the public; and he gave so +many proofs of an equitable and prudent administration that the +English found no reason to repent the choice which they had made of a +sovereign. They flocked from all quarters to join his standard; and +as soon as he reached the enemy at Standford, he found himself in a +condition to give them battle. [MN Sept. 25.] The action was bloody; +but the victory was decisive on the side of Harold, and ended in the +total rout of the Norwegians, together with the death of Tosti and +Halfagar. Even the Norwegian fleet fell into the hands of Harold; who +had the generosity to give Prince Olave, the son of Halfagar, his +liberty, and allow him to depart with twenty vessels. But he had +scarcely time to rejoice for his victory, when he received +intelligence that the Duke of Normandy was landed with a great army in +the south of England. + +The Norman fleet and army had been assembled early in the summer, at +the mouth of the small river Dive, and all the troops had been +instantly embarked; but the winds proved long contrary, and detained +them in that harbour. The authority, however, of the duke, the good +discipline maintained among the seamen and soldiers, and the great +care in supplying them with provisions, had prevented any disorder; +when at last the wind became favourable, and enabled them to sail +along the coast, till they reached St. Valori. There were, however, +several vessels lost in this short passage; and as the wind again +proved contrary, the army began to imagine that heaven had declared +against them, and that, notwithstanding the pope's benediction, they +were destined to certain destruction. These bold warriors, who +despised real dangers, were very subject to the dread of imaginary +ones; and many of them began to mutiny, some of them even to desert +their colours; when the duke, in order to support their drooping +hopes, ordered a procession to be made with the relics of St. Valori +[q], and prayers to be said for more favourable weather. The wind +instantly changed; and as this incident happened on the eve of the +feast of St. Michael, the tutelar saint of Normandy, the soldiers, +fancying they saw the hand of Heaven in all these concurring +circumstances, set out with the greatest alacrity: they met with no +opposition on their passage: a great fleet, which Harold has +assembled, and which had cruized all summer off the Isle of Wight, had +been dismissed, on his receiving false intelligence that William, +discouraged by contrary winds and other accidents, had laid aside his +preparations. The Norman armament, proceeding in great order, arrived +without any material loss, at Pevensey, in Sussex; and the army +quietly disembarked. The duke himself, as he leaped on shore, +happened to stumble and fall; but had the presence of mind, it is +said, to turn the omen to his advantage, by calling aloud that he had +taken possession of the country. And a soldier, running to a +neighbouring cottage, plucked some thatch, which, as if giving seisin +of the kingdom, he presented to his general. The joy and alacrity of +William and his whole army were so great, that they were nowise +discouraged, even when they heard of Harold's great victory over the +Norwegians; they seemed rather to wait with impatience for the arrival +of the enemy. +[FN [q] Higden, p. 285. Order. Vitalis, p. 500. Matth. Paris, edit. +Paris., anno 1644, p. 2.] + +The victory of Harold, though great and honourable, had proved in the +main prejudicial to his interests, and may be regarded as the +immediate cause of his ruin. He lost many of his bravest officers and +soldiers in the action: and he disgusted the rest by refusing to +distribute the Norwegian spoils among them: a conduct which was little +agreeable to his usual generosity of temper; but which his desire of +sparing the people, in the war that impended over him from the Duke of +Normandy, had probably occasioned. He hastened, by quick marches, to +reach this new invader; but though he was reinforced at London and +other places with fresh troops, he found himself also weakened by the +desertion of his old soldiers, who, from fatigue and discontent, +secretly withdrew from their colours. His brother Gurth, a man of +bravery and conduct, began to entertain apprehensions of the event; +and remonstrated with the king, that it would be better policy to +prolong the war; at least, to spare his own person in the action. He +urged to him, that the desperate situation of the Duke of Normandy +made it requisite for that prince to bring matters to a speedy +decision, and put his whole fortune on the issue of a battle; but that +the King of England, in his own country, beloved by his subjects, +provided with every supply, had more certain and less dangerous means +of ensuring to himself the victory; that the Norman troops, elated on +the one hand with the highest hopes, and seeing, on the other, no +resource in case of a discomfiture, would fight to the last extremity; +and being the flower of all the warriors of the continent, must be +regarded as formidable to the English: that if their first fire, which +is always the most dangerous, were allowed to languish for want of +action; if they were harassed with small skirmishes, straitened in +provisions, and fatigued with the bad weather and deep roads during +the winter season which was approaching, they must fall an easy and a +bloodless prey to their enemy: that if a general action were delayed, +the English, sensible of the imminent danger to which their +properties, as well as liberties, were exposed from those rapacious +invaders, would hasten from all quarters to his assistance, and would +render his army invincible: that at least, if he thought it necessary +to hazard a battle, he ought not to expose his own person, but +reserve, in case of disastrous accidents, some resource to the liberty +and independence of the kingdom: and that having once been so +unfortunate as to be constrained to swear, and that upon the holy +relics, to support the pretensions of the Duke of Normandy, it were +better that the command of the army should be intrusted to another, +who not being bound by those sacred ties, might give the soldiers more +assured hopes of a prosperous issue to the combat. + +Harold was deaf to all these remonstrances: elated with his past +prosperity, as well as stimulated by his native courage, he resolved +to give battle in person; and for that purpose he drew near to the +Normans, who had removed their camp and fleet to Hastings, where they +fixed their quarters. He was so confident of success, that he sent a +message to the duke, promising him a sum of money if he would depart +the kingdom without effusion of blood: but his offer was rejected with +disdain; and William, not to be behind with his enemy in vaunting, +sent him a message by some monks, requiring him either to resign the +kingdom, or to hold it of him in fealty, or to submit their cause to +the arbitration of the pope, or to fight him in single combat. Harold +replied, that the God of battles would soon be the arbiter of all +their .differences [r]. +[FN [r] Higden, p. 286.] + +[MN 14th October.] The English and Normans now prepared themselves +for this important decision; but the aspect of things on the night +before the battle was very different in the two camps. The English +spent the night in riot, and jollity, and disorder; the Normans in +silence, and in prayer, and in the other functions of their religion +[s]. On the morning, the duke called together the most considerable +of his commanders, and made them a speech suitable to the occasion. +He represented to them, that the event which they and he had long +wished for was approaching; the whole fortune of the war now depended +on their swords, and would be decided in a single action: that never +army had greater motives for exerting a vigorous courage, whether they +considered the prize which would attend their victory, or the +inevitable destruction which must ensue upon their discomfiture: that +if their martial and veteran bands could once break those raw +soldiers, who had rashly dared to approach them, they conquered a +kingdom at one blow, and were justly entitled to all its possessions +as the reward of their prosperous valour: that, on the contrary, if +they remitted in the least their wonted prowess, an enraged enemy hung +upon their rear, the sea met them in their retreat, and an ignominious +death was the certain punishment of their imprudent cowardice: that by +collecting so numerous and brave a host, he had ensured every human +means of conquest; and the commander of the enemy, by his criminal +conduct, had given him just cause to hope for the favour of the +Almighty, in whose hands alone lay the event of wars and battles: and +that a perjured usurper, anathematized by the sovereign pontiff, and +conscious of his own breach of faith, would be struck with terror on +their appearance, and would prognosticate to himself that fate which +his multiplied crimes had so justly merited [t]. The duke next +divided his army into three lines: the first, led by Montgomery, +consisted of archers and light-armed infantry: the second, commanded +by Martel, was composed of his bravest battalions, heavy armed, and +ranged in close order: his cavalry, at whose head he placed himself, +formed the third line; and were so disposed, that they stretched +beyond the infantry, and flanked each wing of the army [u]. He +ordered the signal of battle to be given; and the whole army, moving +at once, and singing the hymn or song of Roland, the famous peer of +Charlemagne [w], advanced, in order, and with alacrity, towards the +enemy. +[FN [s] W. Malm. p. 101. De Gest. Angl. p. 332. [t] H. Hunt. p. 368. +Brompton p. 959. Gul. Pict. p. 201. [u] Gul. Pict. p. 201. Order. +Vital. p. 501. [w] W. Malm. p. 101. Higden, p. 286. Matth. West. p. +223. Du Cange's Glossary, in verbo CANTILENA ROLANDI.] + +Harold had seized the advantage of a rising ground, and having +likewise drawn some trenches to secure his flanks, he resolved to +stand upon the defensive, and to avoid all action with the cavalry, in +which he was inferior. The Kentish men were placed in the van, a post +which they had always claimed as their due: the Londoners guarded the +standard: and the king himself, accompanied by his two valiant +brothers, Gurth and Leofwin, dismounting, placed himself at the head +of his infantry, and expressed his resolution to conquer or to perish +in the action. The first attack of the Normans was desperate, but was +received with equal valour by the English; and after a furious combat, +which remained long undecided, the former, overcome by the difficulty +of the ground, and hard pressed by the enemy, began first to relax +their vigour, then to retreat; and confusion was spreading among the +ranks, when William, who found himself on the brink of destruction, +hastened with a select band to the relief of his dismayed forces. His +presence restored the action; the English were obliged to retire with +loss; and the duke, ordering his second line to advance, renewed the +attack with fresh forces, and with redoubled courage. Finding that +the enemy, aided by the advantage of ground, and animated by the +example of their prince, still made a vigorous resistance, he tried a +stratagem, which was very delicate in its management, but which seemed +advisable in his desperate situation, where, if he gained not a +decisive victory, he was totally undone: he commanded his troops to +make a hasty retreat, and to allure the enemy from their ground by the +appearance of flight. The artifice succeeded against those +inexperienced soldiers, who, heated by the action, and sanguine in +their hopes, precipitately followed the Normans into the plain. +William gave orders, that at once the infantry should face about upon +their pursuers, and the cavalry make an assault upon their wings, and +both of them pursue the advantage which the surprise and terror of the +enemy must give them in that critical and decisive moment. The +English were repulsed with great slaughter, and driven back to the +hill; where, being rallied by the bravery of Harold, they were able, +notwithstanding their loss, to maintain their post, and continue the +combat. The duke tried the same stratagem a second time with the same +success; but even after this double advantage, he still found a great +body of the English, who, maintaining themselves in firm array, seemed +determined to dispute the victory to the last extremity. He ordered +his heavy-armed infantry to make an assault upon them; while his +archers placed behind, should gall the enemy, who were exposed by the +situation of the ground, and who were intent on defending themselves +against the swords and spears of the assailants. By this disposition +he at last prevailed: Harold was slain by an arrow while he was +combating with great bravery at the head of his men: his two brothers +shared the same fate: and the English, discouraged by the fall of +those princes, gave ground on all sides, and were pursued with great +slaughter by the victorious Normans. A few troops, however, of the +vanquished had still the courage to turn upon their pursuers; and +attacking them in deep and miry ground, obtained some revenge for the +slaughter and dishonour of the day. But the appearance of the duke +obliged them to seek their safety by flight; and darkness saved them +from any farther pursuit by the enemy. + +Thus was gained by William, Duke of Normandy, the great and decisive +victory of Hastings, after a battle which was fought from morning till +sunset, and which seemed worthy, by the heroic valour displayed by +both armies, and by both commanders, to decide the fate of a mighty +kingdom. William had three horses killed under him; and there fell +near fifteen thousand men on the side of the Normans: the loss was +still more considerable on that of the vanquished; besides the death +of the king and his two brothers. The dead body of Harold was brought +to William, and was generously restored without ransom to his mother. +The Norman army left not the field of battle without giving thanks to +Heaven in the most solemn manner for their victory; and the prince, +having refreshed his troops, prepared to push to the utmost his +advantage against the divided, dismayed, and discomfited English. + + + + +APPENDIX I. + +THE ANGLO-SAXON GOVERNMENT AND MANNERS. + +FIRST SAXON GOVERNMENT.--SUCCESSION OF THE KINGS.--THE WITTENAGEMOT.-- +THE ARISTOCRACY.--THE SEVERAL ORDERS OF MEN.--COURTS OF JUSTICE.-- +CRIMINAL LAW.--RULES OF PROOF.--MILITARY FORCE.--PUBLIC REVENUE.-- +VALUE OF MONEY.--MANNERS. + + + +The government of the Germans, and that of all the northern nations, +who established themselves on the ruins of Rome, was always extremely +free; and those fierce people, accustomed to independence and inured +to arms, were more guided by persuasion than authority, in the +submission which they paid to their princes. The military despotism, +which had taken place in the Roman empire, and which, previously to +the irruption of those conquerors, had sunk the genius of men, and +destroyed every noble principle of science and virtue, was unable to +resist the vigorous efforts of a free people; and Europe, as from a +new epoch, rekindled her ancient spirit, and shook off the base +servitude to arbitrary will and authority under which she had so long +laboured. The free constitutions then established, however impaired +by the encroachments of succeeding princes, still preserve an air of +independence and legal administration, which distinguish the European +nations; and if that part of the globe maintain sentiments of liberty, +honour, equity and valour, superior to the rest of mankind, it owes +these advantages chiefly to the seeds implanted by those generous +barbarians. + +[MN First Saxon government.] +The Saxons, who subdued Britain, as they enjoyed great liberty in +their own country, obstinately retained that invaluable possession in +their new settlement; and they imported into this island the same +principles of independence which they had inherited from their +ancestors. The chieftains (for such they were, more properly than +kings or princes) who commanded them in those military expeditions, +still possessed a very limited authority; and as the Saxons +exterminated, rather than subdued, the ancient inhabitants, they were +indeed transplanted into a new territory, but preserved unaltered all +their civil and military institutions. The language was pure Saxon; +even the names of places, which often remain while the tongue entirely +changes, were almost all affixed by the conquerors; the manners and +customs were wholly German; and the same picture of a fierce and bold +liberty, which is drawn by the masterly pencil of Tacitus, will suit +those founders of the English government. The king, so far from being +invested with arbitrary power, was only considered as the first among +the citizens; his authority depended more on his personal qualities +than on his station; he was even so far on a level with the people, +that a stated price was fixed for his head, and a legal fine was +levied upon his murderer, which, though proportionate to his station, +and superior to that paid for the life of a subject, was a sensible +mark of his subordination to the community. + +[MN Succession of the kings.] +It is easy to imagine, that an independent people, so little +restrained by law and cultivated by science, would not be very strict +in maintaining a regular succession of their princes. Though they +paid great regard to the royal family, and ascribed to it an +undisputed superiority, they either had no rule, or none that was +steadily observed, in filling the vacant throne; and present +convenience, in that emergency, was more attended to than general +principles. We are not, however, to suppose that the crown was +considered as altogether elective; and that a regular plan was traced +by the constitution for supplying, by the suffrages of the people, +every vacancy made by the demise of the first magistrate. If any king +left a son of an age and capacity fit for government, the young prince +naturally stepped into the throne: if he was a minor, his uncle, or +the next prince of the blood, was promoted to the government, and left +the sceptre to his posterity: any sovereign, by taking previous +measures with the leading men, had it greatly in his power to appoint +his successor: all these changes, and indeed the ordinary +administration of government, required the express concurrence, or at +least the tacit acquiescence, of the people; but possession, however +obtained, was extremely apt to secure their obedience, and the idea of +any right, which was once excluded, was but feeble and imperfect. +This is so much the case in all barbarous monarchies, and occurs so +often in the history of the Anglo-Saxons, that we cannot consistently +entertain any other notion of their government. The idea of an +hereditary succession in authority is so natural to men, and is so +much fortified by the usual rule in transmitting private possessions, +that it must retain a great influence on every society, which does not +exclude it by the refinements of a republican constitution. But as +there is a material difference between government and private +possessions, and every man is not as much qualified for exercising the +one, as for enjoying the other, a people, who are not sensible of the +general advantages attending a fixed rule, and apt to make great leaps +in the succession, and frequently to pass over the person, who, had he +possessed the requisite years and abilities, would have been thought +entitled to the sovereignty. Thus, these monarchies are not, strictly +speaking, either elective or hereditary; and though the destination of +a prince may often be followed in appointing his successor, they can +as little be regarded as wholly testamentary. The states by their +suffrage may sometimes establish a sovereign; but they more frequently +recognize the person whom they find established: a few great men take +the lead; the people, overawed and influenced, acquiesce in the +government; and the reigning prince, provided he be of the royal +family, passes undisputedly for the legal sovereign. + +[MN The Wittenagemot.] +It is confessed, that our knowledge of the Anglo-Saxon history and +antiquities is too imperfect to afford us means of determining, with +certainty, all the prerogatives of the crown and privileges of the +people, or of giving an exact delineation of that government. It is +probable, also, that the constitution might be somewhat different in +the different kingdoms of the Heptarchy, and that it changed +considerably during the course of six centuries, which elapsed from +the first invasion of the Saxons till the Norman conquest [a]. But +most of these differences and changes, with their causes and effects, +are unknown to us. It only appears, that at all times, and in all the +kingdoms, there was a national council, called a Wittenagemot, or +assembly of the wise men, (for that is the import of the term,) whose +consent was requisite for enacting laws, and for ratifying the chief +acts of public administration. The preambles to all the laws of +Ethelbert, Ina, Alfred, Edward the Elder, Athelstan, Edmond, Edgar, +Ethelred, and Edward the Confessor; even those to the laws of Canute, +though a kind of conqueror, put this matter beyond controversy, and +carry proofs everywhere of a limited and legal government. But who +were the constituent members of this Wittenagemot has not been +determined with certainty by antiquaries. It is agreed, that the +bishops and abbots [b] were an essential part; and it is also evident, +from the tenour of those ancient laws, that the Wittenagemot enacted +statutes which regulated the ecclesiastical as well as civil +government, and that those dangerous principles, by which the church +is totally severed from the state, were hitherto unknown to the +Anglo-Saxons [c]. It also appears, that the aldermen, or governors of +counties, who, after the Danish times, were often called earls [d], +were admitted into this council, and gave their consent to the public +statutes. But besides the prelates and aldermen, there is also +mention of the Wites, or Wise-men, as a component part of the +Wittenagemot; but who THESE were, is not so clearly ascertained by the +laws or the history of that period. The matter would probably be of +difficult discussion, even were it examined impartially; but as our +modern parties have chosen to divide on this point, the question has +been disputed with the greater obstinacy, and the arguments on both +sides have become, on that account, the more captious and deceitful. +Our monarchical faction maintain, that these WITES, or SAPIENTES, were +the judges, or men learned in the law; the popular faction assert them +to be representatives of the boroughs, or what we now call the +Commons. +[FN [a] We know of one change, not inconsiderable, in the Saxon +constitution. The Saxon Annals, p. 49, inform us, that it was in +early times the prerogative of the king to name the dukes, earls, +aldermen, and sheriffs of the counties. Asser, a contemporary writer, +informs us, that Alfred deposed all the ignorant aldermen, and +appointed men of more capacity in their place. Yet the laws of Edward +the Confessor, Sec. 35, say expressly, that the Heretoghs or dukes, +and the sheriffs, were chosen by the freeholders in the folkmote, a +county court, which was assembled once a year, and where all the +freeholders swore allegiance to the king. [b] Sometimes abbesses were +admitted; at least, they often sign the king's charters or grants. +Spellm. Gloss. in verbo PARLIAMENTUM. [c] Wilkins, passim. [d] See +note [G] at the end of the volume.] + +The expressions employed by all ancient historians, in mentioning the +Wittenagemot, seem to contradict the latter supposition. The members +are almost always called the PRINCIPES, SATRAPAE, OPTIMATES, MAGNATES, +PROCERES; terms which seem to suppose an aristocracy, and to exclude +the Commons. The boroughs also, from the low state of commerce, were +so small and so poor, and the inhabitants lived in such dependence on +the great men [e], that it seemed nowise probable they would be +admitted as a part of the national councils. The Commons are well +known to have had no share in the governments established by the +Franks, Burgundians, and other northern nations; and we may conclude +that the Saxons, who remained longer barbarous and uncivilized than +those tribes, would never think of conferring such an extraordinary +privilege on trade and industry. The military profession alone was +honourable among all those conquerors; the warriors subsisted by their +possessions in land; they became considerable by their influence over +their vassals, retainers, tenants, and slaves; and it requires strong +proof to convince us that they would admit any of a rank so much +inferior as the burgesses, to share with them in the legislative +authority. Tacitus indeed affirms, that among the ancient Germans, +the consent of all the members of the community was required in every +important deliberation; but he speaks not of representatives; and this +ancient practice, mentioned by the Roman historian, could only have +place in small tribes, where every citizen might, without +inconvenience, be assembled upon any extraordinary emergency. After +principalities became extensive; after the difference of property had +formed distinctions more important than those which arose from +personal strength and valour, we may conclude, that the national +assemblies must have been more limited in their number, and composed +only of the more considerable citizens. +[FN [e] Brady's Treatise of English Boroughs, p. 3, 4, 5, &c.] + +But though we must exclude the burgesses, or Commons from the Saxon +Wittenagemot, there is some necessity for supposing that this assembly +consisted of other members than the prelates, abbots, aldermen, and +the judges or privy council. For as all these, excepting some of the +ecclesiastics [f], were anciently appointed by the king, had there +been no other legislative authority, the royal power had been in a +great measure absolute, contrary to the tenour of all the historians, +and to the practice of all the northern nations. We may therefore +conclude, that the more considerable proprietors of land were, without +any election, constituent members of the national assembly; there is +reason to think that forty hides, or between four and five thousand +acres, was the estate requisite for entitling the possessor to this +honourable privilege. We find a passage in an ancient author [g], by +which it appears, that a person of very noble birth, even one allied +to the crown, was not esteemed a PRINCEPS (the term usually employed +by ancient historians, when the Wittenagemot is mentioned) till he had +acquired a fortune of that amount. Nor need we imagine that the +public council would become disorderly or confused by admitting so +great a multitude. The landed property of England was probably in few +hands during the Saxon times; at least during the latter part of that +period; and as men had hardly any ambition to attend those public +councils, there was no danger of the assembly's becoming too numerous +for the despatch of the little business which was brought before them. +[FN [f] There is some reason to think, that the bishops were sometimes +chosen by the Wittenagemot, and confirmed by the king. Eddius, cap. +2. The abbots in the monasteries of royal foundation were anciently +named by the king; though Edgar gave the monks the election, and only +reserved to himself the ratification. This destination was afterwards +frequently violated; and the abbots, as well as bishops were +afterwards all appointed by the king; as we learn from Ingulph, a +writer contemporary with the conquest. [g] Hist. Eliensis, lib. 2 +cap. 40.] + +It is certain, that, whatever we may determine concerning the +constituent members of the Wittenagemot, in whom, with the king, the +legislature resided, the Anglo-Saxon government, in the period +preceding the Norman conquest, was become extremely aristocratical; +the royal authority was very limited; the people, even if admitted to +that assembly, were of little or no weight and consideration. We have +hints given us in historians, of the great power and riches of +particular noblemen: and it could not but happen, after the abolition +of the Heptarchy, when the king lived at a distance from the +provinces, that those great proprietors, who resided on their estates, +would much augment their authority over their vassals and retainers, +and over all the inhabitants of the neighbourhood. Hence the +immeasurable power assumed by Harold, Godwin, Leofric, Siward, Morcar, +Edwin, Edric, and Alfric, who controlled the authority of the kings, +and rendered themselves quite necessary in the government. The two +latter, though detested by the people, on account of their joining a +foreign enemy, still preserved their power and influence; and we may +therefore conclude, that their authority was founded, not on +popularity, but on family rights and possessions. There is one +Athelstan, mentioned in the reign of the king of that name, who is +called Alderman of all England, and is said to be half-king; though +the monarch himself was a prince of valour and abilities [h]. And we +find, that in the latter Saxon times, and in these alone, the great +office went from father to son, and became in a manner hereditary in +the families [i]. +[FN [h] Hist. Rames. Sec. 3, p. 387. [i] Roger Hoveden, giving the +reason why William the Conqueror made Cospatric Earl of +Northumberland, says, NAM EX MATERNO SANGUINE ATTINEBAT AD EUM HONOR +ILLIUS COMITATUS. ERAT ENIM EX MATRE ALGITHA, FILIA UTHREDI COMITIS. +See also Sim. Dun. p. 205. We see in those instances the same +tendency towards rendering offices hereditary, which took place, +during a more early period, on the continent, and which had already +produced there its full effect.] + +The circumstances attending the invasions of the Danes would also +serve much to increase the power of the principal nobility. Those +freebooters made unexpected inroads on all quarters; and there was a +necessity that each county should resist them by its own force, and +under the conduct of its own nobility and its own magistrates. For +the same reason that a general war, managed by the united efforts of +the state, commonly augments the power of the crown; those private +wars and inroads turned to the advantage of the aldermen and nobles. + +Among that military and turbulent people, so averse to commerce and +the arts, and so little inured to industry, justice was commonly very +ill administered, and great oppression and violence seem to have +prevailed. These disorders would be increased by the exorbitant power +of the aristocracy; and would, in their turn, contribute to increase +it. Men, not daring to rely on the guardianship of the laws, were +obliged to devote themselves to the service of some chieftain, whose +orders they followed, even to the disturbance of the government, or +the injury of their fellow-citizens, and who afforded them, in return, +protection from any insult or injustice by strangers. Hence, we find +by the extracts which Dr. Brady has given us from Domesday, that +almost all the inhabitants, even of towns, had placed themselves under +the clientship of some particular nobleman, whose patronage they +purchased by annual payments, and whom they were obliged to consider +as their sovereign, more than the king himself, or even the +legislature [k]. A client, though a freeman, was supposed so much to +belong to his patron, that his murderer was obliged by law to pay a +fine to the latter, as a compensation for his loss; in like manner as +he paid a fine to the master for the murder of his slave [l]. Men who +were of a more considerable rank, but not powerful enough each to +support himself by his own independent authority, entered into formal +confederacies with each other, and composed a kind of separate +community, which rendered itself formidable to all aggressors. Dr. +Hickes has preserved a curious Saxon bond of this kind, which he calls +a SODALITIUM, and which contains many particulars characteristical of +the manners and customs of the times [m]. All the associates are +there said to be gentlemen of Cambridgeshire, and they swear before +the holy relics to observe their confederacy, and to be faithful to +each other: they promise to bury any of the associates who dies, in +whatever place he had appointed; to contribute to his funeral charges, +and to attend at his interment; and whoever is wanting in this last +duty, binds himself to pay a measure of honey. When any of the +associates is in danger, and calls for the assistance of his fellows, +they promise, besides flying to his succour, to give information to +the sheriff; and if he be negligent in protecting the person exposed +to danger, they engage to levy a fine of one pound upon him: if the +president of the society himself be wanting in this particular, he +binds himself to pay one pound; unless he has the reasonable excuse of +sickness, or of duty to his superior. When any of the associates is +murdered, they are to exact eight pounds from the murderer; and if he +refuse to pay it, they are to prosecute him for the sum at their joint +expense. If any of the associates who happens to be poor kill a man, +the society are to contribute, by a certain proportion, to pay his +fine: a mark a-piece if the fine be seven hundred shillings; less if +the person killed be a clown or ceorle; the half of that sum, again, +if he be a Welshman. But where any of the associates kills a man, +wilfully and without provocation, he must himself pay the fine. If +any of the associates kill any of his fellows in a like criminal +manner, besides paying the usual fine to the relations of the +deceased, he must pay eight pounds to the society, or renounce the +benefit of it; in which case, they bind themselves, under the penalty +of one pound, never to eat or drink with him, except in the presence +of the king, bishop, or alderman. There are other regulations to +protect themselves and their servants from all injuries, to revenge +such as are committed, and to prevent their giving abusive language to +each other; and the fine, which they engage to pay for this last +offence, is a measure of honey. +[FN [k] Brady's Treatise of Boroughs, p. 3, 4, 5, &c. The case was +the same with the freemen in the country. See Pref. to his Hist. p. +8, 9, 10, &c. [1] LL. Edw. Conf. Sec. 8. apud Ingulph. [m] Dissert. +Epist. p. 21.] + +It is not to be doubted but a confederacy of this kind must have been +a great source of friendship and attachment; when men lived in +perpetual danger from enemies, robbers, and oppressors, and received +protection chiefly from their personal valour, and from the assistance +of their friends or patrons. As animosities were then more violent, +connexions were also more intimate, whether voluntary or derived from +blood: the most remote degree of propinquity was regarded: an +indelible memory of benefits was preserved: severe vengeance was taken +for injuries, both from a point of honour, and as the best means of +future security: and the civil union being weak, many private +engagements were contracted in order to supply its place, and to +procure men that safety which the laws and their own innocence were +not alone able to insure to them. + +On the whole, notwithstanding the seeming liberty, or rather +licentiousness, of the Anglo-Saxons, the great body even of the free +citizens, in those ages, really enjoyed much less true liberty, than +where the execution of the laws is the most severe, and where subjects +are reduced to the strictest subordination and dependence on the civil +magistrate. The reason is derived from the excess itself of that +liberty. Men must guard themselves at any price against insults and +injuries; and where they receive not protection from the laws and +magistrate, they will seek it by submission to superiors, and by +herding in some private confederacy which acts under the direction of +a powerful leader. And thus all anarchy is the immediate cause of +tyranny, if not over the state, at least over many of the individuals. +Security was provided by the Saxon laws to all members of the +Wittenagemot, both in going and returning, EXCEPT THEY WERE NOTORIOUS +THIEVES AND ROBBERS. + +[MN The several orders of men.] +The German Saxons, as the other nations of that continent, were +divided into three ranks of men, the noble, the free, and the slaves +[n]. This distinction they brought over with them into Britain. +[FN [n] Nithard. Hist. lib. 4.] + +The nobles were called thanes; and were of two kinds, the king's +thanes and lesser thanes. The latter seem to have been dependent on +the former; and to have received lands, for which they paid rent, +services, or attendance in peace and war [o]. We know of no title +which raised any one to the rank of thane, except noble birth and the +possession of land. The former was always much regarded by all the +German nations, even in their most barbarous state; and as the Saxon +nobility, having little credit, could scarcely burthen their estates +with much debt, and as the Commons had little trade or industry by +which they could accumulate riches, these two ranks of men, even +though they were not separated by positive laws, might remain long +distinct, and the noble families continue many ages in opulence and +splendour. There were no middle ranks of men that could gradually mix +with their superiors, and insensibly procure to themselves honour and +distinction. If by any extraordinary accident a mean person acquired +riches, a circumstance so singular made him be known and remarked; he +became the object of envy, as well as of indignation, to all the +nobles; he would have great difficulty to defend what he had acquired; +and he would find it impossible to protect himself from oppression, +except by courting the patronage of some great chieftain, and paying a +large price for his safety. +[FN [o] Spellm. Feuds and Tenures, p. 40.] + +There are two statutes among the Saxon laws which seem calculated to +confound those different ranks of men; that of Athelstan, by which a +merchant, who had made three long sea voyages on his own account, was +entitled to the quality of thane [p]; and that of the same prince, by +which a ceorle or husbandman, who had been able to purchase five hides +of land, and had a chapel, a kitchen, a hall, and a bell, was raised +to the same distinction [q]. But the opportunities were so few, by +which a merchant or ceorle could thus exalt himself above his rank, +that the law could never overcome the reigning prejudices; the +distinction between noble and base blood would still be indelible; and +the well-born thanes would entertain the highest contempt for those +legal and factitious ones. Though we are not informed of any of these +circumstances by ancient historians, they are so much founded on the +nature of things, that we may admit them as a necessary and infallible +consequence of the situation of the kingdom during those ages. +[FN [p] Wilkins, p. 71. [q] Selden, Titles of Honour, p. 515. +Wilkins, p. 70.] + +The cities appear by Domesday-book to have been at the Conquest little +better than villages [r]. York itself, though it was always the +second, at least the third [s], city in England, and was the capital +of a great province, which never was thoroughly united with the rest, +contained but one thousand four hundred and eighteen families [t]. +Malmsbury tells us [u], that the great distinction between the +Anglo-Saxon nobility, and the French or Norman was, that the latter +built magnificent and stately castles; whereas the former consumed +their immense fortunes in riot and, hospitality, and in mean houses. +We may thence infer, that the arts in general were much less advanced +in England than in France; a greater number of idle servants and +retainers lived about the great families; and as these, even in +France, were powerful enough to disturb the execution of the laws, we +may judge of the authority acquired by the aristocracy in England. +When Earl Godwin besieged the Confessor in London, he summoned from +all parts his huscarles or houseceorles and retainers, and thereby +constrained his sovereign to accept of the conditions which he was +pleased to impose upon him. +[FN [r] Winchester, being the capital of the West Saxon monarchy, was +anciently a considerable city. Gul. Pict. p. 210. [s] Norwich +contained 738 houses, Exeter 315, Ipswich 538, Northampton 60, +Hereford 146, Canterbury 262, Bath 64, Southampton 84, Warwick 225. +See Brady of Boroughs, p. 3, 4, 5, 6, &c. These are the most +considerable he mentions. The account of them is extracted from +Domesday-book. [t] Brady's Treatise of Boroughs, p. 10. There were +six wards, besides the archbishop's palace; and five of these wards +contained the number of families here mentioned, which, at the rate of +five persons to a family, makes about 7000 souls. The sixth ward was +laid waste. [u] p. 102. See also, De Gest. Angl. p. 333.] + +The lower rank of freemen were denominated ceorles among the +Anglo-Saxons; and, where they were industrious, they were chiefly +employed in husbandry: whence a ceorle and a husbandman became in a +manner synonymous terms. They cultivated the farms of the nobility or +thanes, for which they paid rent; and they seem to have been +removeable at pleasure. For there is little mention of leases among +the Anglo-Saxons; the pride of the nobility, together with the general +ignorance of writing, must have rendered these contracts very rare, +and must have kept the husbandmen in a dependent condition. The rents +of farms were then chiefly paid in kind [w]. +[FN [w] LL. Inae, Sec. 70. These laws fixed the rents for a hide; but +it is difficult to convert it into modern measures.] + +But the most numerous rank by far in the community seems to have been +the slaves or villains, who were the property of their lords, and were +consequently incapable themselves of possessing any property. Dr. +Brady assures us, from a survey of Domesday-book [x], that in all the +counties of England, the far greater part of the land was occupied by +them, and that the husbandmen, and still more the socmen, who were +tenants that could not be removed at pleasure, were very few in +comparison. This was not the case with the German nations, as far as +we can collect from the account given us by Tacitus. The perpetual +wars in the Heptarchy, and the depredations of the Danes, seem to have +been the cause of this great alteration with the Anglo-Saxons. +Prisoners taken in battle, or carried off in the frequent inroads, +were then reduced to slavery; and became, by right of war [y], +entirely at the disposal of their lords. Great property in the +nobles, especially if joined to an irregular administration of +justice, naturally favours the power of the aristocracy; but still +more so if the practice of slavery be admitted, and has become very +common. The nobility not only possess the influence which always +attends riches, but also the power which the laws give them over their +slaves and villains. It then becomes difficult, and almost +impossible, for a private man to remain altogether free and +independent. +[FN [x] General Preface to his Hist. p. 7, 8, 9 &c. [y] LL. Edg. Sec. +14 apud Spellm. Conc. vol. 1. p. 471.] + +There were two kinds of slaves among the Anglo-Saxons; household +slaves, after the manner of the ancients, and praedial, or rustic, +after the manner of' the Germans [z]. These latter resembled the +serfs, which are at present to be met with in Poland, Denmark, and +some parts of Germany. The power of a master over his slaves was not +unlimited among the Anglo-Saxons, as it was among their ancestors. If +a man beat out his slave's eye or teeth, the slave recovered his +liberty [a]: if he killed him, he paid a fine to the king, provided +the slave died within a day after the wound or blow; otherwise it +passed unpunished [b]. The selling of themselves or children to +slavery was always the practice among the German nations [c], and was +continued by the Anglo-Saxons [d]. +[FN [z] Spellm. Gloss. in verb. SERRUS [a] LL. Aelf. Sec. 20. [b] +Ibid 17. [c] Tacit. de Morib. Germ. [d] LL. Inae, Sec. 11 LL. Aelf. +Sec. 12.] + +The great lords and abbots among the Anglo-Saxons possessed a criminal +jurisdiction within their territories, and could punish without +appeal, any thieves or robbers whom they caught there [e]. This +institution must have had a very contrary effect to that which was +intended, and must have procured robbers a sure protection on the +lands of such noblemen as did not sincerely mean to discourage crimes +and violence. +[FN [e] Higden, lib. 1. cap. 50. LL. Edw. Conf. Sec. 26. Spellm. +Conc. vol. i. p. 415. Gloss. in verb. HALIGEMOT ET INFANGENTHEFE.] + +[MN Courts of justice.] +But though the general strain of the Anglo-Saxon government seems to +have become aristocratical, there were still considerable remains of +the ancient democracy, which were not indeed sufficient to protect the +lowest of the people, without the patronage of some great lord, but +might give security, and even some degree of dignity, to the gentry, +or inferior nobility. The administration of justice, in particular, +by the courts of the decennary, the hundred, and the county, was well +calculated to defend general liberty, and to restrain the power of the +nobles. In the county courts, or shiremotes, all the freeholders were +assembled twice a year, and received appeals from the inferior courts. +They there decided all causes, ecclesiastical as well as civil; and +the bishop, together with the alderman or earl, presided over them +[f]. The affair was determined in a summary manner, without much +pleading, formality, or delay, by a majority of voices; and the bishop +and alderman had no farther authority than to keep order among the +freeholders, and interpose with their opinion [g]. Where justice was +denied during three sessions by the hundred, and then by the county +court, there lay an appeal to the king's court [h]; but this was not +practised on slight occasions. The alderman received a third of the +fines levied in those courts [i]; and as most of the punishments were +then pecuniary, this perquisite formed a considerable part of the +profits belonging to his office. The two-thirds also which went to +the king, made no contemptible part of the public revenue. Any +freeholder was fined who absented himself thrice from these courts +[k]. +[FN [f] LL. Edg. Sec. 5. Wilkins, p. 78. LL. Canut. Sec. 17. +Wilkins, p. 136. [g] Hickes, Dissert. Epist. p. 2, 3, 4, 5, 6, 7, 8. +[h] LL. Edg Sec. 2. Wilkins, p. 77. LL. Canut. Sec. 18. apud +Wilkins, p. 136. [i] LL. Edw. Conf. Sec. 31. [k] LL. Ethelst. Sec. +20.] + +As the extreme ignorance of the age made deeds and writings very rare, +the county or hundred court was the place where the most remarkable +civil transactions were finished, in order to preserve the memory of +them, and prevent all future disputes. Here testaments were +promulgated, slaves manumitted, bargains of sale concluded; and +sometimes, for greater security, the most considerable of these deeds +were inserted in the blank leaves of the parish bible, which thus +became a kind of register too sacred to be falsified. It was not +unusual to add to the deed an imprecation on all such as should be +guilty of that crime [l]. +[FN [1] Hickes, Dissert. Epist.] + +Among a people, who lived in so simple a manner as the Anglo-Saxons, +the judicial power is always of greater importance than the +legislative. There were few or no taxes imposed by the states; there +were few statutes enacted; and the nation was less governed by laws +than by customs, which admitted a great latitude of interpretation. +Though it should therefore be allowed that the Wittenagemot was +altogether composed of the principal nobility, the county courts, +where all the freeholders were admitted, and which regulated all the +daily occurrences of life, formed a wide basis for the government, and +were no contemptible checks on the aristocracy. But there is another +power still more important than either the judicial or legislative; to +wit, the power of injuring or serving by immediate force and violence, +for which it is difficult to obtain redress in courts of justice. In +all extensive governments, where the execution of the laws is feeble, +this power naturally falls into the hands of the principal nobility; +and the degree of it which prevails cannot be determined so much by +the public statutes, as by small incidents in history, by particular +customs, and sometimes by the reason and nature of things. The +Highlands of Scotland have long been entitled by law to every +privilege of British subjects; but it was not till very lately that +the common people could in fact enjoy these privileges. + +The powers of all the members of the Anglo-Saxon government are +disputed among historians and antiquaries; the extreme obscurity of +the subject, even though faction had never entered into the question, +would naturally have begotten those controversies. But the great +influence of the lords over their slaves and tenants, the clientship +of the burghers, the total want of a middling rank of men, the extent +of the monarchy, the loose execution of the laws, the continued +disorders and convulsions of the state; all these circumstances evince +that the Anglo-Saxon government became at last extremely +aristocratical; and the events, during the period immediately +preceding the conquest, confirm this inference or conjecture. + +[MN Criminal law.] +Both the punishments inflicted by the Anglo-Saxon courts of +judicature, and the methods of proof employed in all causes, appear +somewhat singular, and are very different from those which prevail at +present among all civilized nations. + +We must conceive that the ancient Germans were little removed from the +original state of nature: the social confederacy among them was more +martial than civil: they had chiefly in view the means of attack or +defence against public enemies, not those of protection against their +fellow-citizens: their possessions were so slender and so equal, that +they were not exposed to great danger; and the natural bravery of the +people made every man trust to himself, and to his particular friends, +for his defence or vengeance. This defect in the political union drew +much closer the knot of particular confederacies; an insult upon any +man was regarded by all his relations and associates as a common +injury; they were bound by honour, as well as by a sense of common +interest, to revenge his death, or any violence which he had suffered: +they retaliated on the aggressor by like acts of violence; and if he +were protected, as was natural and usual, by his own clan, the quarrel +was spread still wider, and bred endless disorders in the nation. + +The Frisians, a tribe of the Germans, had never advanced beyond this +wild and imperfect state of society; and the right of private revenge +still remained among them unlimited and uncontrolled [m]. But the +other German nations, in the age of Tacitus, had made one step farther +towards completing the political or civil union. Though it still +continued to be an indispensable point of honour for every clan to +revenge the death or injury of a member, the magistrate had acquired a +right of interposing in the quarrel, and of accommodating the +difference. He obliged the person maimed or injured, and the +relations of one killed, to accept of a present from the aggressor and +his relations [n], as a compensation for the injury [o], and to drop +all farther prosecution of revenge. That the accommodation of one +quarrel might not be the source of more, this present was fixed and +certain, according to the rank of the person killed, or injured, and +was commonly paid in cattle, the chief property of those rude and +uncultivated nations. A present of this kind gratified the revenge of +the injured family, by the loss which the aggressor suffered; it +satisfied their pride, by the submission which it expressed; it +diminished their regret for the loss or injury of a kinsman, by their +acquisition of new property; and thus general peace was for a moment +restored to the society [p]. +[FN [m] LL. Fris. tit. 2. apud. Lindenbrog. p. 491. [n] LL. Aethelb. +Sec. 23. LL. Aelf. Sec. 27. [o] Called by the Saxons MOEGBOTA. [p] +Tacit. de Morib. Germ. The author says, that the price of the +composition was fixed; which must have been by the laws and the +interposition of the magistrates.] + +But when the German nations had been settled some time in the +provinces of the Roman empire, they made still another step towards a +more cultivated life, and their criminal justice gradually improved +and refined itself. The magistrate, whose office it was to guard +public peace, and to suppress private animosities, conceived himself +to be injured by every injury done to any of his people; and besides +the compensation to the person who suffered, or to his family, he +thought himself entitled to exact a fine called the Fridwit as an +atonement for the breach of peace, and as a reward for the pains which +he had taken in accommodating the quarrel. When this idea, which is +so natural, was once suggested, it was willingly received both by +sovereign and people. The numerous fines which were levied augmented +the revenue of the king; and the people were sensible that he would be +more vigilant in interposing with his good offices, when he reaped +such immediate advantage from them; and that injuries would be less +frequent, when, besides compensation to the person injured, they were +exposed to this additional penalty [q]. +[FN [q] Besides paying money to the relations of the deceased, and to +the king, the murderer was also obliged to pay the master of a slave +or vassal a sum as a compensation for his loss. This was called the +MANBOTE. See Spell. Gloss. in verb. FREDUM, MANBOT.] + +This short abstract contains the history of the criminal jurisprudence +of the northern nations for several centuries. The state of England +in this particular, during the period of the Anglo-Saxons, may be +judged of by the collection of ancient laws, published by Lambard and +Wilkins. The chief purport of these laws is not to prevent or +entirely suppress private quarrels, which the legislature knew to be +impossible, but only to regulate and moderate them. The laws of +Alfred enjoin, that if any one know that his enemy or aggressor, after +doing him an injury, resolves to keep within his own house, AND HIS +OWN LANDS [r], he shall not fight him till he require compensation for +the injury. If he be strong enough to besiege him in his house, he +may do it for seven days without attacking him; and if the aggressor +be willing, during that time, to surrender himself and his arms, his +adversary may detain him thirty days; but is afterwards obliged to +restore him safe to his kindred, AND BE CONTENT WITH THE COMPENSATION. +If the criminal fly to the temple, that sanctuary must not be +violated. Where the assailant has not force sufficient to besiege the +criminal in his house, he must apply to the alderman for assistance; +and if the alderman refuse aid, the assailant must have recourse to +the king; and he is not allowed to assault the house till after this +supreme magistrate has refused assistance. If any one meet with his +enemy, and be ignorant that he was resolved to keep within his own +lands, he must, before he attack him, require him to surrender himself +prisoner, and deliver up his arms; in which case he may detain him +thirty days: but if he refuse to deliver up his arms, it is then +lawful to fight him. A slave may fight in his master's quarrel: a +father may fight in his son's with any one, except with his master +[s]. +[FN [r] The addition of these last words in Italics appears necessary +from what follows in the same law. [s] LL. Aelfr. Sec. 28 Wilkins, +p. 43.] + +It was enacted by King Ina, that no man should take revenge for an +injury till he had first demanded compensation, and had been refused +it [t]. +[FN [t] LL. Inae, Sec. 9.] + +King Edmond, in the preamble to his laws, mentions the general misery +occasioned by the multiplicity of private feuds and battles; and he +establishes several expedients for remedying this grievance. He +ordained that if any one commit murder, be may, with the assistance of +his kindred, pay within a twelvemonth the fine of his crime; and if +they abandon him, he shall alone sustain the deadly feud or quarrel +with the kindred of the murdered person: his own kindred are free from +the feud, but on condition that they neither converse with the +criminal, nor supply him with meat or OTHER NECESSARIES: if any of +them, after renouncing him, receive him into their house, OR GIVE HIM +ASSISTANCE, they are finable to the king, and are involved in the +feud. If the kindred of the murdered person take revenge on any but +the criminal himself, AFTER HE IS ABANDONED BY HIS KINDRED, all their +property is forfeited, and they are declared to be enemies to the king +and all his friends [u]. It is also ordained, that the fine for +murder shall never be remitted by the king [w]; and that no criminal +shall be killed who flies to the church, or any of the king's towns +[x]; and the king himself declares, that his house shall give no +protection to murderers, till they have satisfied the church by their +penance, and the kindred of the deceased, by making compensation [y]. +The method appointed for transacting this composition is found in the +same law [z]. +[FN [u] LL. Edm. Sec. 1. Wilkins, p. 73. [w] LL. Edm. Sec. 3. [x] +Ibid. Sec. 2. [y] Ibid. Sec. 4. [z] Ibid Sec. 7.] + +These attempts of Edmond, to contract and diminish the feuds, were +contrary to the ancient spirit of the northern barbarians, and were a +step towards a more regular administration of justice. By the Salic +law, any man might, by a public declaration, exempt himself from his +family quarrels: but then he was considered by the law as no longer +belonging to the family; and he was deprived of all right of +succession, as the punishment of his cowardice [a]. +[FN [a] Tit. 63.] + +The price of the king's head, or his weregild, as it was then called, +was by law thirty thousand thrimsas, near thirteen hundred pounds of +present money. The price of the prince's head was fifteen thousand +thrimsas; that of a bishop's or alderman's, eight thousand; a +sheriff's four thousand; a thane's or clergyman's, two thousand; a +ceorle's, two hundred and sixty-six. These prices were fixed by the +laws of the Angles. By the Mercian law, the price of a ceorle's head +was two hundred shillings; that of a thane's six times as much; that +of a king's six times more [b]. By the laws of Kent, the price of the +archbishop's head was higher than that of the king's [c]. Such +respect was then paid to the ecclesiastics! It must be understood, +that where a person was unable or unwilling to pay the fine, he was +put out of the protection of law, and the kindred of the deceased had +liberty to punish him as they thought proper. +[FN [b] Wilkins, p. 71, 72. [c] LL. Elthredi, apud Wilkins, p. 110.] + +Some antiquarians [d] have thought, that these compensations were only +given for manslaughter, not for wilful murder: but no such distinction +appears in the laws; and it is contradicted by the practice of all the +other barbarous nations [e], by that of the ancient Germans [f], and +by that curious monument above mentioned, a Saxon antiquity, preserved +by Hickes. There is indeed a law of Alfred's, which makes wilful +murder capital [g]; but this seems only to have been an attempt of +that great legislator towards establishing a better police in the +kingdom, and it probably remained without execution. By the laws of +the same prince, a conspiracy against the life of the king might be +redeemed by a fine [h]. +[FN [d] Tyrrel, Introduction, vol. i. p.126. Carte, vol. i. p. 366. +[e] Lindenbrogius, passim. [f] Tac. de Mor. Germ. [g] LL. Aelf. Sec. +12. Wilkins, p. 29. It is probable that by wilful murder Alfred +means a treacherous murder, committed by one who had no declared feud +with another. [h] LL. Aelf. Sec. 4 Wilkins, p. 35.] + +The price of all kinds of wounds was likewise fixed by the Saxon laws: +a wound of an inch long under the hair, was paid with one shilling; +one of a like size in the face, two shillings: thirty shillings for +the loss of an ear, and so forth [i]. There seems not to have been +any difference made, according to the dignity of the person. By the +laws of Ethelbert, any one who committed adultery with his neighbour's +wife, was obliged to pay him a fine, and buy him another wife [k]. +[FN [i] LL. Elf. Sec. 40. See also, LL. Ethelb. Sec. 34, &c. [k] LL. +Ethelb. Sec. 32.] + +These institutions are not peculiar to the ancient Germans. They seem +to be the necessary progress of criminal jurisprudence among every +free people, where the will of the sovereign is not implicitly obeyed. +We find them among the ancient Greeks during the time of the Trojan +war. Compositions for murder are mentioned in Nestor's speech to +Achilles in the ninth Iliad and are called APOINAI. The Irish, who +never had any connexions with the German nations, adopted the same +practice till very lately; and the price of a man's head was called +among them his ERIC; as we learn from Sir John Davis. The same custom +seems also to have prevailed among the Jews [l]. +[FN [l] Exod. cap. xxi. 29, 30.] + +Theft and robbery were frequent among the Anglo-Saxons. In order to +impose some check upon these crimes, it was ordained, that no man +should sell or buy any thing above twenty-pence value, except in open +market [m]; and every bargain of sale must be executed before +witnesses [n]. Gangs of robbers much disturbed the peace of the +country; and the law determined, that a tribe of banditti, consisting +of between seven and thirty-five persons, was to be called a TURMA, or +troop: any greater company was denominated an army [o]. The +punishments for this crime were various, but none of them capital [p]. +If any man could track his stolen cattle into another's ground, the +latter was obliged to show the tracks out of it, or pay their value +[q]. +[FN [m] LL. Aethelst. Sec. 12. [n] Ibid. Sec. 10, 12. LL. Edg. apud +Wilkins, p. 80. LL. Ethelredi, Sec. 4 apud Wilkins, p. 103. Hloth. +and Eadm. Sec. 16. LL. Canut. Sec. 22. [o] LL. Inae, Sec. 12. [p] +LL. Inae, Sec. 37. [q] LL. Aethelst. Sec. 2. Wilkins, p. 63.] + +Rebellion, to whatever excess it was carried, was not capital, but +might be redeemed by a sum of money [r]. The legislators, knowing it +impossible to prevent all disorders, only imposed a higher fine on +breaches of the peace committed in the king's court, or before an +alderman or bishop. An alehouse too seems to have been considered as +a privileged place; and any quarrels that arose there were more +severely punished than elsewhere [s]. +[FN [r] LL. Ethelredi, apud Wilkins, p. 110. LL. Aelf. Sec. 4. +Wilkins, p. 35. [s] LL. Hloth. and Eadm. Sec. 12, 13. LL. Ethelr. +apud Wilkins, p. 117.] + +[MN Rules of proof.] +If the manner of punishing crimes among the Anglo-Saxons appear +singular, the proofs were not less so; and were also the natural +result of the situation of the people. Whatever we may imagine +concerning the usual truth and sincerity of men who live in a rude and +barbarous state, there is much more falsehood, and even perjury among +them, than among civilized nations; virtue which is nothing but a more +enlarged and more cultivated reason, never flourishes to any degree, +nor is founded on steady principles of honour, except where a good +education becomes general; and where men are taught the pernicious +consequences of vice, treachery, and immorality. Even superstition, +though more prevalent among ignorant nations, is but a poor supply for +the defects in knowledge and education: our European ancestors, who +employed every moment the expedient of swearing on extraordinary +crosses and relics, were less honourable in all engagements than their +posterity, who, from experience, have omitted those ineffectual +securities. This general proneness to perjury was much increased by +the usual want of discernment in judges, who could not discuss an +intricate evidence, and were obliged to number, not weigh, the +testimony of the witnesses [t]. Hence the ridiculous practice of +obliging men to bring compurgators, who, as they did not pretend to +know any thing of the fact, expressed upon oath, that they believed +the person spoke true; and these compurgators were in some cases +multiplied to the number of three hundred [u]. The practice also of +single combat was employed by most nations on the continent as a +remedy against false evidence [w]; and though it was frequently +dropped, from the opposition of the clergy, it was continually revived +from experience of the falsehood attending the testimony of witnesses +[x]. It became at last a species of jurisprudence: the cases were +determined by law, in which the party might challenge his adversary, +or the witnesses, or the judge himself [y]: and though these customs +were absurd, they were rather an improvement on the methods of trial +which had formerly been practised among those barbarous nations, and +which still prevailed among the Anglo-Saxons. +[FN [t] Sometimes the laws fixed easy general rules for weighing the +credibility of witnesses. A man whose life was estimated at 120 +shillings, counterbalanced six ceorles, each of whose lives was only +valued at 20 shillings, and his oath was deemed equivalent to that of +all the six. See Wilkins, p. 72. [u] Praef. Nicol. ad Wilkins, p 11. +[w] LL. Burgund. cap. 45. LL. Lomb. lib. 2. tit. 55, cap. 34. [x] +LL. Longob. lib. 2. tit. 55. cap. 23. apud Landenb. p. 661. [y] See +Desfontaines and Beaumanoir.] + +When any controversy about a fact became too intricate for those +ignorant judges to unravel, they had recourse to what they called the +judgment of God; that is, to fortune: their methods of consulting this +oracle were various. One of them was the decision of the CROSS: it +was practised in this manner: when a person was accused of any crime, +he first cleared himself by oath, and he was attended by eleven +compurgators. He next took two pieces of wood, one of which was +marked with the sign of the cross, and wrapping both up in wool, he +placed them on the altar, or on some celebrated relic. After solemn +prayers for the success of the experiment, a priest, or, in his stead, +some unexperienced youth, took up one of the pieces of wood, and if he +happened upon that which was marked with the figure of the cross, the +person was pronounced innocent; if otherwise, guilty [z]. This +practice, as it arose from superstition, was abolished by it in +France. The emperor, Lewis the Debonnaire, prohibited that method of +trial, not because it was uncertain, but lest that sacred figure, says +he, of the cross should be prostituted in common disputes and +controversies [a]. +[FN [z] LL. Frison. tit. 14. apud Lindenbrogium, p. 496. [a] Du +Cange, in verb. CRUX.] + +The ordeal was another established method of trial among the Anglo- +Saxons. It was practised either by boiling water or red-hot iron. +The former was appropriated to the common people; the latter to the +nobility. The water or iron was consecrated by many prayers, masses, +fastings, and exorcisms [b]; after which the person accused either +took up a stone sunk in the water [c] to a certain depth, or carried +the iron to a certain distance; and his hand being wrapped up, and the +covering sealed for three days, if there appeared, on examining it, no +marks of burning, he was pronounced innocent; if otherwise, guilty +[d]. The trial by cold water was different: the person was thrown +into consecrated water; if he swam, he was guilty; if he sunk, +innocent [e]. It is difficult for us to conceive how any innocent +person could ever escape by the one trial, or any criminal be +convicted by the other. But there was another usage admirably +calculated for allowing every criminal to escape who had confidence +enough to try it. A consecrated cake, called a corsned, was produced; +which if the person could swallow and digest he was pronounced +innocent [f]. +[FN [b] Spellm. in verb. ORDEAL. Parker, p. 155. Lindenbrog. p 1299. +[c] LL. Inae, Sec. 77. [d] Sometimes the person accused walked +barefoot over red-hot iron. [e] Spellm. in verb. ORDEALIUM. [f] +Spellm. in verb. CORSNED Parker, p. 156. Text. Roffens. p. 33.] + +[MN Military force.] +The feudal law, if it had place at all among the Anglo-Saxons, which +is doubtful, was not certainly extended over all the landed property, +and was not attended with those consequences of homage, reliefs [g], +wardship, marriage, and other burdens, which were inseparable from it +in the kingdoms of the continent. As the Saxons expelled, or almost +entirely destroyed, the ancient Britons, they planted themselves in +this island on the same footing with their ancestors in Germany, and +found no occasion for the feudal institutions [h], which were +calculated to maintain a kind of standing army, always in readiness to +suppress any insurrection among the conquered people. The trouble and +expense of defending the state in England lay equally upon all the +land; and it was usual for every five hides to equip a man for the +service. The TRINODA NECESSITAS, as it was called, or the burden of +military expeditions, of repairing highways, and of building and +supporting bridges, was inseparable from landed property, even though +it belonged to the church or monasteries, unless exempted by a +particular charter [i]. The ceorles or husbandmen were provided with +arms, and were obliged to take their turn in military duty [k]. There +were computed to be two hundred and forty-three thousand six hundred +hides in England [l]; consequently, the ordinary military force of the +kingdom consisted of forty-eight thousand seven hundred and twenty +men; though, no doubt, on extraordinary occasions, a greater number +might be assembled. The king and nobility had some military tenants, +who were called Sithcun-men [m]. And there were some lands annexed to +the office of alderman, and to other offices; but these probably were +not of great extent, and were possessed only during pleasure, as in +the commencement of the feudal law in other countries of Europe. +[FN [g] On the death of an alderman, a greater or lesser thane, there +was a payment made to the king of his best arms; and this was called +his heriot: but this was not of the nature of a relief. See Spellm. +of Tenures, p. 2. The value of this heriot fixed by Canute's laws, +Sec. 69. [h] Bracton de Acqu. rer. domin. lib. 2. cap. 16. See more +fully Spellman of Feuds and Tenures, and Craigius de jure feud. lib. +1. dieg. 7. [i] Spellm. Conc. vol. i. p. 256. [k] Inae, Sec. 51. +[l] Spellm. of Feuds and Tenures, p. 17. [m] Spellm. Conc. vol. i. p. +195.] + +[MN Public revenue.] +The revenue of the king seems to have consisted chiefly in his +demesnes, which were large; and in the tolls and imposts which he +probably levied at discretion on the boroughs and seaports that lay +within his demesnes. He could not alienate any part of the crown +lands, even to religious uses, without the consent of the states [n]. +Danegelt was a land-tax of a shilling a hide, imposed by the states +[o], either for payment of the sums exacted by the Danes, or for +putting the kingdom in a posture of defence against those invaders +[p]. +[FN [n] Spellm. Conc. vol. i. p. 340. [o] Chron. Sax p. 128. [p] LL. +Edw. Con. Sec. 12.] + +[MN Value of money.] +The Saxon pound, as likewise that which was coined for some centuries +after the Conquest, was near three times the weight of our present +money: there were forty-eight shillings in the pound, and five pence +in a shilling [q]; consequently, a Saxon shilling was near a fifth +heavier than ours, and a Saxon penny near three times as heavy [r]. +As to the value of money in those times, compared to commodities, +there are some, though not very certain, means of computation. A +sheep, by the laws of Athelstan, was estimated at a shilling; that is, +fifteen pence of our money. The fleece was two fifths of the value of +the whole sheep [s]; much above its present estimation; and the reason +probably was, that the Saxons, like the ancients, were little +acquainted with any clothing but what was made of wool. Silk and +cotton were quite unknown: linen was not much used. An ox was +computed at six times the value of a sheep; a cow at four [t]. If we +suppose that the cattle in that age, from the defects in husbandry, +were not so large as they are at present in England, we may compute +that money was then near ten times of greater value. A horse was +valued at about thirty-six shillings of our money, or thirty Saxon +shillings [u]; a mare a third less A man at three pounds [w]. The +board wages of a child the first year was eight shillings, together +with a cow's pasture in summer, and an ox's in winter [x]. William of +Malmesbury mentions it as a remarkably high price, that William Rufus +gave fifteen marks for a horse, or about thirty pounds of our present +money [y]. Between the years 900 and 1000, Ednoth bought a hide of +land for about a hundred and eighteen shillings of our present money +[z]. This was little more than a shilling an acre, which indeed +appears to have been the usual price, as we may learn from other +accounts [a]. A palfrey was sold for twelve shillings about the year +966 [b]. The value of an ox in King Ethelred's time was between seven +and eight shillings; a cow about six shillings [c]. Gervas of Tilbury +says, that in Henry I.'s time, bread which would suffice a hundred men +for a day was rated at three shillings, or a shilling of that age; for +it is thought that, soon after the Conquest, a pound sterling was +divided into twenty shillings: a sheep was rated at a shilling; and so +of other things in proportion. In Athelstan's time a ram was valued +at a shilling, or four pence Saxon [d]. The tenants of Shireburn were +obliged, at their choice, to pay either sixpence or four hens [e]. +About 1232, the Abbot of St. Alban's going on a journey, hired seven +handsome stout horses; and agreed, if any of them died on the road, to +pay the owner thirty shillings a-piece of our present money [f]. It +is to be remarked, that in all ancient times the raising of corn, +especially wheat, being a species of manufactory, that commodity +always bore a higher price, compared to cattle, than it does in our +times [g]. The Saxon Chronicle tells us [h], that in the reign of +Edward the Confessor, there was the most terrible famine ever known; +insomuch that a quarter of wheat rose to sixty pennies, or fifteen +shillings of our present money. Consequently it was as dear as if it +now cost seven pounds ten shillings. This much exceeds the great +famine in the end of Queen Elizabeth, when a quarter of wheat was sold +for four pounds. Money in this last period was nearly of the same +value as in our time. These severe famines are a certain proof of bad +husbandry. +[FN [q] LL. Aelf. Sec. 40. [r] Fleetwood's Chron. Pretiosum, p. 27, +28, &c. [s] LL. Inae, Sec. 69. [t] Wilkins, p 66. [u] Ibid. p. 126. +[w] Ibid. [x] LL. Inae, Sec. 38. [y] p. 121. [z] Hist. Rames, p. +415. [a] Hist. Eliens. p. 473. [b] Ibid. p. 471. [c] Wilkins, p. +126. [d] Ibid. p. 56. [e] Monast. Anglic. vol. ii. p. 528. [f] Mat. +Paris. [g] Fleetwood, p. 83, 94, 96, 98. [h] p. 157.] + +On the whole, there are three things to be considered, wherever a sum +of money is mentioned in ancient times. First, the change of +denomination, by which a pound has been reduced to the third part of +its ancient weight in silver. Secondly, the change in value by the +greater plenty of money, which has reduced the same weight of silver +to ten times less value compared to commodities; and consequently a +pound sterling to the thirtieth part of the ancient value. Thirdly, +the fewer people and less industry, which were then to be found in +every European kingdom. This circumstance made even the thirtieth +part of the sum more difficult to levy, and caused any sum to have +more than thirty times greater weight and influence, both abroad and +at home, than in our times; in the same manner that a sum, a hundred +thousand pounds, for instance, is at present more difficult to levy in +a small state, such as Bavaria, and can produce greater effects on +such a small community, than on England. This last difference is not +easy to be calculated: but allowing that England has now six times +more industry, and three times more people than it had at the +Conquest, and for some reigns after that period, we are upon that +supposition to conceive, taking all circumstances together, every sum +of money mentioned by historians, as if it were multiplied more than a +hundredfold above a sum of the same denomination at present. + +In the Saxon times, land was divided equally among all the male +children of the deceased, according to the custom of Gavelkind. The +practice of entails is to be found in those times [i]. Land was +chiefly of two kinds, bockland, or land held by book or charter, which +was regarded as full property, and descended to the heirs of the +possessor; and folkland, or the land held by the ceorles and common +people, who were removable at pleasure, and were indeed only tenants +during the will of their lords. +[FN [i] LL Aelf. Sec. 37, apud Wilkins, p. 43.] + +The first attempt which we find in England to separate the +ecclesiastical from the civil jurisdiction, was that law of Edgar, by +which all disputes among the clergy were ordered to be carried before +the bishop [k]. The penances were then very severe; but as a man +could buy them off with money, or might substitute others to perform +them, they lay easy upon the rich [l]. +[FN [k] Wilkins, p. 83. [l] Wilkins, p. 96, 97. Spellm. Conc. p. +473.] + +[MN Manners.] +With regard to the manners of the Anglo-Saxons we can say little, but +that they were in general a rude uncultivated people, ignorant of +letters, unskilled in the mechanical arts, untamed to submission under +law and government, addicted to intemperance, riot, and disorder. +Their best quality was their military courage, which yet was not +supported by discipline or conduct. Their want of fidelity to the +prince, or to any trust reposed in them, appears strongly in the +history of their later period; and their want of humanity in all their +history. Even the Norman historians, notwithstanding the low state of +the arts in their own country, speak of them as barbarians, when they +mention the invasion made upon them by the Duke of Normandy [m]. The +Conquest put the people in a situation of receiving slowly, from +abroad, the rudiments of science and cultivation, and of correcting +their rough and licentious manners. +[FN [m] Gul. Pict. p. 202.] + + + + +CHAPTER IV. + +CONSEQUENCES OF THE BATTLE OF HASTINGS.--SUBMISSION OF THE ENGLISH.-- +SETTLEMENT OF THE GOVERNMENT.--KING'S RETURN TO NORMANDY.--DISCONTENTS +OF THE ENGLISH.--THEIR INSURRECTIONS.--RIGOURS OF THE NORMAN +GOVERNMENT.--NEW INSURRECTIONS.--NEW RIGOURS OF THE GOVERNMENT.-- +INTRODUCTION OF THE FEUDAL LAW.--INNOVATION IN ECCLESIASTICAL +GOVERNMENT.--INSURRECTION OF THE NORMAN BARONS.--DISPUTE ABOUT +INVESTITURES.--REVOLT OF PRINCE ROBERT.--DOMESDAY-BOOK.--THE NEW +FOREST.--WAR WITH FRANCE.--DEATH AND CHARACTER OF WILLIAM THE +CONQUEROR. + + + +[MN 1066. Consequences of the battle of Hastings.] +Nothing could exceed the consternation which seized the English, when +they received intelligence of the unfortunate battle of Hastings, the +death of their king, the slaughter of their principal nobility and of +their bravest warriors, and the rout and dispersion of the remainder. +But though the loss which they had sustained in that fatal action was +considerable, it might have been repaired by a great nation; where the +people were generally armed, and where there resided so many powerful +noblemen in every province, who could have assembled their retainers, +and have obliged the Duke of Normandy to divide his army, and probably +to waste it in a variety of actions and rencounters. It was thus that +the kingdom had formerly resisted, for many years, its invaders, and +had been gradually subdued, by the continued efforts of the Romans, +Saxons, and Danes; and equal difficulties might have been apprehended +by William in this bold and hazardous enterprise. But there were +several vices in the Anglo-Saxon constitution, which rendered it +difficult for the English to defend their liberties in so critical an +emergency. The people had in a great measure lost all national pride +and spirit, by their recent and long subjection to the Danes; and as +Canute had, in the course of his administration, much abated the +rigours of conquest, and had governed them equitably by their own +laws, they regarded with the less terror the ignominy of a foreign +yoke, and deemed the inconveniences of submission less formidable than +those of bloodshed, war, and resistance. Their attachment also to the +ancient royal family had been much weakened by their habits of +submission to the Danish princes, and by their late election of +Harold, or their acquiescence in his usurpation. And as they had long +been accustomed to regard Edgar Atheling, the only heir of the Saxon +line, as unfit to govern them even in times of order and tranquillity, +they could entertain small hopes of his being able to repair such +great losses as they had sustained, or to withstand the victorious +arms of the Duke of Normandy. + +That they might not, however, be altogether wanting to themselves in +this extreme necessity, the English took some steps towards adjusting +their disjointed government, and uniting themselves against the common +enemy. The two potent earls, Edwin and Morcar, who had fled to London +with the remains of the broken army, took the lead on this occasion: +in concert with Stigand, Archbishop of Canterbury, a man possessed of +great authority and of ample revenues, they proclaimed Edgar, and +endeavoured to put the people in a posture of defence, and encouraged +them to resist the Normans [a]. But the terror of the late defeat, +and the near neighbourhood of the invaders, increased the confusion +inseparable from great revolutions: and every resolution proposed was +hasty, fluctuating, tumultuary; disconcerted by fear or faction, +ill-planned, and worse executed. +[FN [a] Gul. Pictav. p. 205. Order. Vitalis, p. 502. Hoveden, p. +449. Knyghton, p. 2343.] + +William, that his enemies might have no leisure to recover from their +consternation, or unite their councils, immediately put himself in +motion after his victory, and resolved to prosecute an enterprise +which nothing but celerity and vigour could render finally successful. +His first attempt was against Romney, whose inhabitants he severely +punished, on account of their cruel treatment of some Norman seamen +and soldiers, who had been carried thither by stress of weather, or by +a mistake in their course [b]; and foreseeing that his conquest of +England might still be attended with many difficulties and with much +opposition, he deemed it necessary, before he should advance farther +into the country, to make himself master of Dover, which would both +secure him a retreat in case of adverse fortune, and afford him a safe +landing-place for such supplies as might be requisite for pushing his +advantages. The terror diffused by his victory at Hastings was so +great, that the garrison of Dover, though numerous and well provided, +immediately capitulated; and as the Normans, rushing in to take +possession of the town, hastily set fire to some of the houses, +William, desirous to conciliate the minds of the English by an +appearance of lenity and justice, made compensation to the inhabitants +for their losses [c]. +[FN [b] Gul. Pictav. p. 204. [c] Gul. Pictav. p. 204.] + +The Norman army, being much distressed with a dysentery, was obliged +to remain here eight days, but the duke, on their recovery, advanced +with quick marches towards London, and by his approach increased the +confusions which were already so prevalent in the English councils. +The ecclesiastics in particular, whose influence was great over the +people, began to declare in his favour; and as most of the bishops and +dignified clergymen were even then Frenchmen or Normans, the pope's +bull, by which his enterprise was avowed and hallowed, was now openly +insisted on as a reason for general submission. The superior learning +of those prelates, which, during the Confessor's reign, had raised +them above the ignorant Saxons, made their opinions be received with +implicit faith; and a young prince, like Edgar, whose capacity was +deemed so mean, was but ill qualified to resist the impression which +they made on the minds of the people. A repulse which a body of +Londoners received from five hundred Norman horse, renewed in the city +the terror of the great defeat at Hastings; the easy submission of all +the inhabitants of Kent was an additional discouragement to them; the +burning of Southwark before their eyes made them dread a like fate to +their own city; and no man any longer entertained thoughts but of +immediate safety and of self-preservation. Even the Earls Edwin and +Morcar, in despair of making effectual resistance, retired with their +troops to their own provinces; and the people thenceforth disposed +themselves unanimously to yield to the victor. As soon as he passed +the Thames at Wallingford, and reached Berkhamstead, Stigand, the +primate, made submissions to him: before he came within sight of the +city, all the chief nobility, and Edgar Atheling himself, the new- +elected king, came into his camp, and declared their intention of +yielding to his authority [d]. They requested him to mount their +throne, which they now considered as vacant; and declared to him, that +as they had always been ruled by regal power, they desired to follow, +in this particular, the example of their ancestors, and knew of no one +more worthy than himself to hold the reins of government [e]. +[FN [d] Hoveden, p. 450. Flor. Wigorn. p. 634. [e] Gul. Pict. p. +205. Ord. Vital. p. 503.] + +Though this was the great object to which the duke's enterprise +tended, he feigned to deliberate on the offer; and being desirous at +first of preserving the appearance of a legal administration, he +wished to obtain a more explicit and formal consent of the English +nation [f]: but Almar, of Aquitain, a man equally respected for valour +in the field and for prudence in council, remonstrating with him on +the danger of delay in so critical a conjuncture, he laid aside all +farther scruples, and accepted of the crown which was tendered him. +Orders were immediately issued to prepare every thing for the ceremony +of his coronation; but as he was yet afraid to place entire confidence +in the Londoners, who were numerous and warlike, he meanwhile +commanded fortresses to be erected, in order to curb the inhabitants, +and to secure his person and government [g]. +[FN [f] Gul. Pictav. p. 205. [g] Ibid.] + +Stigand was not much in the duke's favour, both because he had +intruded into the see on the expulsion of Robert the Norman, and +because he possessed such influence and authority over the English +[h], as might be dangerous to a new-established monarch. William, +therefore, pretending that the primate had obtained his pall in an +irregular manner from Pope Benedict IX., who was himself an usurper, +refused to be consecrated by him, and conferred this honour on Aldred, +Archbishop of York. Westminster Abbey was the place appointed for +that magnificent ceremony; the most considerable of the nobility, both +English and Norman, attended the duke on this occasion: [MN 1066. +Dec.] Aldred, in a short speech, asked the former whether they agreed +to accept of William as their king: the Bishop of Coutance put the +same question to the latter; and both being answered with acclamations +[i], Aldred administered to the duke the usual coronation oath, by +which he bound himself to protect the church, to administer justice, +and to repress violence: he then anointed him, and put the crown upon +his head [k]. There appeared nothing but joy in the countenances of +the spectators: but in that very moment there burst forth the +strongest symptoms of the jealousy and animosity which prevailed +between the nations, and which continually increased during the reign +of this prince. The Norman soldiers, who were placed without, in +order to guard the church, hearing the shouts within, fancied that the +English were offering violence to their duke; and they immediately +assaulted the populace, and set fire to the neighbouring houses. The +alarm was conveyed to the nobility who surrounded the prince; both +English and Normans, full of apprehensions, rushed out to secure +themselves from the present danger; and it was with difficulty that +William himself was able to appease the tumult [l]. +[FN [h] Eadmer, p. 6. [i] Order. Vital. p. 503. [k] Malmesbury, p. +271, says, that he also promised to govern the Normans and English by +equal laws; and this addition to the usual oath seems not improbable, +considering the circumstances of the times. [l] Gul. Pict. p. 206. +Order. Vitalis, p. 503.] + +[MN 1067. Settlement of the government.] +The king, thus possessed of the throne by a pretended destination of +King Edward, and by an irregular election of the people, but still +more by force of arms, retired from London to Berking, in Essex, and +there received the submissions of all the nobility who had not +attended his coronation. Edric, surnamed the Forester, grand-nephew +to that Edric, so noted for his repeated acts of perfidy during the +reigns of Ethelred and Edmond; Earl Coxo, a man famous for bravery; +even Edwin and Morcar, Earls of Mercia and Northumberland, with the +other principal noblemen of England, came and swore fealty to him; +were received into favour, and were confirmed in the possession of +their estates and dignities [m]. Every thing bore the appearance of +peace and tranquillity; and William had no other occupation than to +give contentment to the foreigners who had assisted him to mount the +throne, and to his new subjects, who had so readily submitted to him. +[FN [m] Gul. Pict. p. 208. Order. Vitalis, p. 506.] + +He had got possession of the treasure of Harold, which was +considerable; and being also supplied with rich presents from the +opulent men in all parts of England, who were solicitous to gain the +favour of their new sovereign, he distributed great sums among his +troops, and by this liberality gave them hopes of obtaining at length +those more durable establishments which they had expected from his +enterprise [n]. The ecclesiastics, both at home and abroad, had much +forwarded his success, and he failed not, in return, to express his +gratitude and devotion in the manner which was most acceptable to +them: he sent Harold's standard to the pope, accompanied with many +valuable presents: all the considerable monasteries and churches in +France, where prayers had been put up for his success, now tasted of +his bounty [o]: the English monks found him well disposed to favour +their order; and be built a new convent near Hastings, which he called +BATTLE ABBEY, and which, on pretence of supporting monks to pray for +his own soul, and for that of Harold, served as a lasting memorial of +his victory [p]. +[FN [n] Gul. Pict. p. 206. [o] Ibid. [p] Gul. Gemet. p. 288. Chron. +Sax. p. 189. M. West. p. 226. M. Paris p. 9. Diceto, p. 482. This +convent was freed by him from all episcopal jurisdiction. Monast. +Ang. tom. i. p. 311, 312.] + +He introduced into England that strict execution of justice for which +his administration had been much celebrated in Normandy; and even +during this violent revolution, every disorder or oppression met with +rigorous punishment [q]. His army, in particular, was governed with +severe discipline; and, notwithstanding the insolence of victory, care +was taken to give as little offence as possible to the jealousy of the +vanquished. The king appeared solicitous to unite, in an amicable +manner, the Normans and the English, by intermarriages and alliances, +and all his new subjects who approached his person were received with +affability and regard. No signs of suspicion appeared, not even +towards Edgar Atheling, the heir of the ancient royal family, whom +William confirmed in the honours of Earl of Oxford, conferred on him +by Harold, and whom he affected to treat with the highest kindness, as +nephew to the Confessor, his great friend and benefactor. Though he +confiscated the estates of Harold, and of those who had fought in the +battle of Hastings on the side of that prince, whom he represented as +an usurper, he seemed willing to admit of every plausible excuse for +past opposition to his pretensions, and he received many into favour +who had carried arms against him. He confirmed the liberties and +immunities of London and the other cities of England, and appeared +desirous of replacing every thing on ancient establishments. In his +whole administration he bore the semblance of the lawful prince, not +of the conqueror; and the English began to flatter themselves that +they had changed, not the form of their government, but the succession +only of their sovereigns, a matter which gave them small concern. The +better to reconcile his new subjects to his authority, William made a +progress through some parts of England; and besides a splendid court +and majestic presence, which overawed the people, already struck with +his military fame, the appearance of his clemency and justice gained +the approbation of the wise, attentive to the first steps of their new +sovereign. +[FN [q] Gul. Pict. p. 208. Order. Vital. p. 506.] + +But amidst this confidence and friendship which he expressed for the +English, the king took care to place all real power in the hands of +his Normans, and still to keep possession of the sword, to which he +was sensible he had owed his advancement to sovereign authority. He +disarmed the city of London and other places, which appeared most +warlike and populous; and building citadels in that capital, as well +as in Winchester, Hereford, and the cities best situated for +commanding the kingdom, he quartered Norman soldiers in all of them, +and left no where any power able to resist or oppose him. He bestowed +the forfeited estates on the most eminent of his captains, and +established funds for the payment of his soldiers. And thus, while +his civil administration carried the face of a legal magistrate, his +military institutions were those of a master and tyrant; at least of +one who reserved to himself; whenever he pleased, the power of +assuming that character. + +[MN 1067. King's return to Normandy.] +By this mixture, however, of vigour and lenity, he had so soothed the +minds of the English, that he thought he might safely revisit his +native country, and enjoy the triumph and congratulation of his +ancient subjects. He left the administration in the hands of his +uterine brother, Odo, Bishop of Baieux, and of William Fitz-Osberne. +[MN March.] That their authority might be exposed to less danger, he +carried over with him all the most considerable nobility of England, +who, while they served to grace his court by their presence and +magnificent retinues, were in reality hostages for the fidelity of the +nation. Among these were Edgar Atheling, Stigand the Primate, the +Earls Edwin and Morcar, Waltheof, the son of the brave Earl Siward, +with others eminent for the greatness of their fortunes and families, +or for their ecclesiastical and civil dignities. He was visited at +the abbey of Fescamp, where he resided, during some time, by Rodulph, +uncle to the King of France, and by many powerful princes and nobles, +who, having contributed to his enterprise, were desirous of +participating in the joy and advantages of its success. His English +courtiers, willing to ingratiate themselves with their new sovereign, +outvied each other in equipages and entertainments; and made a display +of riches which struck the foreigners with astonishment. William of +Poictiers, a Norman historian [r], who was present, speaks with +admiration of the beauty of their persons, the size and workmanship of +their silver plate, the costliness of their embroideries, an art in +which the English then excelled; and he expresses himself in such +terms as tend much to exalt our idea of the opulence and cultivation +of the people [s]. But though every thing bore the face of joy and +festivity, and William himself treated his new courtiers with great +appearance of kindness, it was impossible altogether to prevent the +insolence of the Normans; and the English nobles derived little +satisfaction from those entertainments, where they considered +themselves as led in triumph by their ostentatious conqueror. +[FN [r] P. 211, 212. [s] As the historian chiefly insists on the +silver plate, his panegyric on the English magnificence shows only how +incompetent a judge he was of the matter. Silver was then of ten +times the value, and was more than twenty times more rare than at +present; and consequently, of all species of luxury, plate must have +been the rarest.] + +[MN 1067. Discontents of the English.] +In England affairs took still a worse turn during the absence of the +sovereign. Discontents and complaints multiplied every where; secret +conspiracies were entered into against the government; hostilities +were already begun in many places; and every thing seemed to menace a +revolution, as rapid as that which had placed William on the throne. +The historian above-mentioned, who is a panegyrist of his master, +throws the blame entirely on the fickle and mutinous disposition of +the English, and highly celebrates the justice and lenity of Odo's and +Fitz-Osberne's administration [t]. But other historians, with more +probability, impute the cause chiefly to the Normans, who, despising a +people that had so easily submitted to the yoke, envying their riches, +and grudging the restraints imposed upon their own rapine, were +desirous of provoking them to a rebellion, by which they expected to +acquire new confiscations and forfeitures, and to gratify those +unbounded hopes which they had formed in entering on this enterprise +[u]. +[FN [t] P. 212. [u] Order. Vital. p. 507.] + +It is evident that the chief reason of this alteration in the +sentiments of the English must be ascribed to the departure of +William, who was alone able to curb the violence of his captains and +to overawe the mutinies of the people. Nothing indeed appears more +strange, than that this prince, in less than three months after the +conquest of a great, warlike, and turbulent nation, should absent +himself in order to revisit his own country, which remained in +profound tranquillity, and was not menaced by any of its neighbours; +and should so long leave his jealous subjects at the mercy of an +insolent and licentious army. Were we not assured of the solidity of +his genius, and the good sense displayed in all other circumstances of +his conduct, we might ascribe this measure to a vain ostentation, +which rendered him impatient to display his pomp and magnificence +among his ancient subjects. It is therefore more natural to believe, +that in so extraordinary a step he was guided by a concealed policy, +and that, though he had thought proper at first to allure the people +to submission by the semblance of a legal administration, he found +that he could neither satisfy his rapacious captains, nor secure his +unstable government without farther exerting the rights of conquest, +and seizing the possessions of the English. In order to have a +pretext for this violence, he endeavoured, without discovering his +intentions, to provoke and allure them into insurrections, which, he +thought, could never prove dangerous, while he detained all the +principal nobility in Normandy, while a great and victorious army was +quartered in England, and while he himself was so near to suppress any +tumult or rebellion. But as no ancient writer has ascribed this +tyrannical purpose to William, it scarcely seems allowable, from +conjecture alone, to throw such an imputation upon him. + +[MN Their insurrections.] +But whether we are to account for that measure from the king's vanity +or from his policy, it was the immediate cause of all the calamities +which the English endured during this and the subsequent reigns, and +gave rise to those mutual jealousies and animosities between them and +the Normans, which were never appeased till a long tract of time had +gradually united the two nations, and made them one people. The +inhabitants of Kent, who had first submitted to the conqueror, were +the first that attempted to throw off the yoke; and in confederacy +with Eustace, Count of Boulogne, who had also been disgusted by the +Normans, they made an attempt, though without success, on the garrison +of Dover [w]. Edric the Forester, whose possessions lay on the banks +of the Severn, being provoked at the depredations of some Norman +captains in his neighbourhood, formed an alliance with Blethyn and +Rowallan, two Welsh princes; and endeavoured, with their assistance, +to repel force by force [x]. But though these open hostilities were +not very considerable, the disaffection was general among the English, +who had become sensible, though too late, of their defenceless +condition, and began already to experience those insults and injuries +which a nation must always expect, that allows itself to be reduced to +that abject situation. A secret conspiracy was entered into to +perpetrate, in one day, a general massacre of the Normans, like that +which had formerly been executed upon the Danes; and the quarrel was +become so general and national, that the vassals of Earl Coxo, having +desired him to head them in an insurrection, and finding him resolute +in maintaining his fidelity to William, put him to death as a traitor +to his country. +[FN [w] Gul. Gemet. p. 289. Order. Vital. p. 508. Anglia Sacra, vol. +i. p. 245. [x] Hoveden, p. 450. M. West. p. 226. Sim. Dunelm. p. +197.] + +[MN Dec. 6.] +The king, informed of these dangerous discontents, hastened over to +England; and by his presence, and the vigorous measures which he +pursued, disconcerted all the schemes of the conspirators. Such of +them as had been more violent in their mutiny, betrayed their guilt by +flying or concealing themselves; and the confiscation of their +estates, while it increased the number of malecontents, both enabled +William to gratify farther the rapacity of his Norman captains, and +gave them the prospect of new forfeitures and attainders. The king +began to regard all his English subjects as inveterate and +irreclaimable enemies; and thenceforth either embraced, or was more +fully confirmed in the resolution of seizing their possessions, and of +reducing them to the most abject slavery. Though the natural violence +and severity of his temper made him incapable of feeling any remorse +in the execution of this tyrannical purpose, he had art enough to +conceal his intention, and to preserve still some appearance of +justice in his oppressions. He ordered all the English, who had been +arbitrarily expelled by the Normans during his absence, to be restored +to their estates [y]: but at the same time he imposed a general tax on +the people, that of Danegelt, which had been abolished by the +Confessor, and which had always been extremely odious to the nation +[z]. +[FN [y] Chron. Sax. p. 173. This fact is a full proof that the +Normans had committed great injustice, and were the real cause of the +insurrections of the English. [z] Hoveden, p. 450. Sim. Dunelm. p +197. Alur. Beverl. p. 127.] + +[MN 1068.] As the vigilance of William overawed the malecontents, +their insurrections were more the result of an impatient humour in the +people, than of any regular conspiracy which could give them a +rational hope of success against the established power of the Normans. +The inhabitants of Exeter, instigated by Githa, mother to King Harold, +refused to admit a Norman garrison, and betaking themselves to arms, +were strengthened by the accession of the neighbouring inhabitants of +Devonshire and Cornwall [a]. The king hastened with his forces to +chastise this revolt; and on his approach, the wiser and more +considerable citizens, sensible of the unequal contest, persuaded the +people to submit, and to deliver hostages for their obedience. A +sudden mutiny of the populace broke this agreement; and William, +appearing before the walls, ordered the eyes of one of the hostages to +be put out, as an earnest of that severity which the rebels must +expect if they persevered in their revolt [b]. The inhabitants were +anew seized with terror, and surrendering at discretion, threw +themselves at the king's feet, and supplicated his clemency and +forgiveness. William was not destitute of generosity, when his temper +was not hardened either by policy or passion: he was prevailed on to +pardon the rebels, and he set guards on all the gates, in order to +prevent the rapacity and insolence of his soldiery [c]. Githa escaped +with her treasures to Flanders. The malecontents of Cornwall imitated +the example of Exeter, and met with like treatment: and the king, +having built a citadel in that city, which he put under the command of +Baldwin, son of Earl Gilbert, returned to Winchester, and dispersed +his army into their quarters. He was here joined by his wife Matilda, +who had not before visited England, and whom he now ordered to be +crowned by Archbishop Aldred. Soon after she brought him an accession +to his family by the birth of a fourth son, whom he named Henry. His +three elder sons, Robert, Richard, and William, still resided in +Normandy. +[FN [a] Order. Vital. p. 510. [b] Ibid. [c] Ibid.] + +But though the king appeared thus fortunate, both in public and +domestic life, the discontents of his English subjects augmented +daily; and the injuries committed and suffered on both sides rendered +the quarrel between them and the Normans absolutely incurable. The +insolence of victorious masters, dispersed throughout the kingdom, +seemed intolerable to the natives; and wherever they found the +Normans, separate or assembled in small bodies, they secretly set upon +them, and gratified their vengeance by the slaughter of their enemies. +But an insurrection in the north drew thither the general attention, +and seemed to threaten more important consequences. Edwin and Morcar +appeared at the head of this rebellion; and these potent noblemen, +before they took arms, stipulated for foreign succours from their +nephew Blethyn, Prince of North Wales, from Malcolm, King of Scotland, +and from Sweyn, King of Denmark. Besides the general discontent which +had seized the English, the two earls were incited to this revolt by +private injuries. William, in order to ensure them to his interests, +had, on his accession, promised his daughter in marriage to Edwin; but +either he had never seriously intended to perform this engagement, or, +having changed his plan of administration in England from clemency to +rigour, he thought it was to little purpose, if he gained one family, +while he enraged the whole nation. When Edwin, therefore, renewed his +applications, be gave him an absolute denial [d]; and this +disappointment, added to so many other reasons of disgust, induced +that nobleman and his brother to concur with their incensed +countrymen, and to make one general effort for the recovery of their +ancient liberties. William knew the importance of celerity in +quelling an insurrection, supported by such powerful leaders, and so +agreeable to the wishes of the people, and having his troops always in +readiness, he advanced by great journeys to the north. On his march +he gave orders to fortify the castle of Warwick, of which he left +Henry de Beaumont governor, and that of Nottingham, which he committed +to the custody of William Peverell, another Norman captain [e]. He +reached York before the rebels were in any condition for resistance, +or were joined by any of the foreign succours which they expected, +except a small reinforcement from Wales [f]; and the two earls found +no means of safety, but having recourse to the clemency of the victor. +Archil, a potent nobleman in those parts, imitated their example and +delivered his son as a hostage for his fidelity [g]; nor were the +people, thus deserted by their leaders, able to make any farther +resistance. But the treatment which William gave the chiefs was very +different from that which fell to the share of their followers. He +observed religiously the terms which he had granted to the former, and +allowed them for the present to keep possession of their estates; but +he extended the rigours of his confiscations over the latter, and gave +away their lands to his foreign adventurers. These, planted +throughout the whole country, and in possession of the military power, +left Edwin and Morcar, whom he pretended to spare, destitute of all +support, and ready to fall, whenever he should think proper to command +their ruin. A peace which he made with Malcolm, who did him homage +for Cumberland, seemed at the same time to deprive them of all +prospect of foreign assistance [h]. +[FN [d] Order. Vital. p. 511. [e] Ibid. [f] Ibid. [g] Ibid. [h] +Order. Vital. p. 511.] + +[MN Rigours of the Norman government.] +The English were now sensible that their final destruction was +intended; and that instead of a sovereign, whom they had hoped to gain +by their submission, they had tamely surrendered themselves, without +resistance, to a tyrant and a conqueror. Though the early +confiscation of Harold's followers might seem iniquitous, being +inflicted on men who had never sworn fealty to the Duke of Normandy, +who were ignorant of his pretensions, and who only fought in defence +of the government which they themselves had established in their own +country; yet were these rigours, however contrary to the ancient Saxon +laws, excused on account of the urgent necessities of the prince; and +those who were not involved in the present ruin hoped that they should +thenceforth enjoy, without molestation, their possessions and their +dignities. But the successive destruction of so many other families +convinced them that the king intended to rely entirely on the support +and affections of foreigners; and they foresaw new forfeitures, +attainders, and acts of violence as the necessary result of this +destructive plan of administration. They observed that no Englishman +possessed his confidence, or was intrusted with any command or +authority; and that the strangers, whom a rigorous discipline could +have but ill restrained, were encouraged in their insolence and +tyranny against them. The easy submission of the kingdom on its first +invasion had exposed the natives to contempt; the subsequent proofs of +their animosity and resentment had made them the object of hatred; and +they were now deprived of every expedient by which they could hope to +make themselves either regarded or beloved by their sovereign. +Impressed with the sense of this dismal situation, many Englishmen +fled into foreign countries with an intention of passing their lives +abroad free from oppression, or of returning on a favourable +opportunity to assist their friends in the recovery of their native +liberties [i]. Edgar Atheling himself, dreading the insidious +caresses of William, was persuaded by Cospatric, a powerful +Northumbrian, to escape with him into Scotland; and he carried thither +his two sisters, Margaret and Christina. They were well received by +Malcolm, who soon after espoused Margaret, the elder sister; and +partly with a view of strengthening his kingdom by the accession of so +many strangers, partly in hopes of employing them against the growing +power of William, he gave great countenance to all the English exiles. +Many of them settled there; and laid the foundation of families which +afterwards made a figure in that country. +[FN [i] Order. Vital. p. 508. M. West. p. 225. M. Paris, p. 4. Sim. +Dun. p. 197.] + +While the English suffered under these oppressions, even the +foreigners were not much at their ease; but finding themselves +surrounded on all hands by enraged enemies, who took every advantage +against them, and menaced them with still more bloody effects of the +public resentment, they began to wish again for the tranquillity and +security of their native country. Hugh de Grentmesnil, and Humphry de +Teliol, though intrusted with great commands, desired to be dismissed +the service; and some others imitated their example: a desertion which +was highly resented by the king, and which he punished by the +confiscation of all their possessions in England [k]. But William's +bounty to his followers could not fail of alluring many new +adventurers into his service; and the rage of the vanquished English +served only to excite the attention of the king and those warlike +chiefs, and keep them in readiness to suppress every commencement of +domestic rebellion or foreign invasion. +[FN [k] Order. Vitalis, p. 512.] + +[MN 1069. New insurrections.] +It was not long before they found occupation for their prowess and +military conduct. Godwin, Edmond, and Magnus, three sons of Harold, +had, immediately after the defeat at Hastings, sought a retreat in +Ireland; where, having met with a kind reception from Dermot and other +princes of that country, they projected an invasion on England, and +they hoped that all the exiles from Denmark, Scotland, and Wales, +assisted by forces from these several countries, would at once +commence hostilities, and rouse the indignation of the English against +their haughty conquerors. They landed in Devonshire; but found Brian, +son of the Count of Britany, at the head of some foreign troops, ready +to oppose them; and being defeated in several actions, they were +obliged to retreat to their ships, and to return with great loss to +Ireland [l]. The efforts of the Normans were now directed to the +north, where affairs had fallen into the utmost confusion. The more +impatient of the Northumbrians had attacked Robert de Comyn, who was +appointed governor of Durham; and gaining the advantage over him from +his negligence, they put him to death in that city, with seven hundred +of his followers [m]. This success animated the inhabitants of York, +who, rising in arms, slew Robert Fitz-Richard, their governor [n]; and +besieged in the castle William Mallet, on whom the command now +devolved. A little after, the Danish troops landed from three hundred +vessels; Osberne, brother to King Sweyn, was intrusted with the +command of these forces, and he was accompanied by Harold and Canute, +two sons of that monarch. Edgar Atheling appeared from Scotland, and +brought along with him Cospatric, Waltheof, Siward, Bearne, +Merleswain, Adelin, and other leaders, who, partly from the hopes +which they gave of Scottish succours, partly from their authority in +those parts, easily persuaded the warlike and discontented +Northumbrians to join the insurrection. Mallet, that he might better +provide for the defence of the citadel of York, set fire to some +houses which lay contiguous; but this expedient proved the immediate +cause of his destruction. The flames, spreading into the neighbouring +streets, reduced the whole city to ashes: the enraged inhabitants, +aided by the Danes, took advantage of the confusion to attack the +castle, which they carried by assault; and the garrison, to the number +of three thousand men, was put to the sword without mercy [o]. +[FN [l] Gul. Gemet. p. 290. Order. Vital. p. 513. Anglia Sacra, vol. +i. p. 246. [m] Order. Vital. p. 512. Chron. de Mailr. p. 116. +Hoveden, p. 450. M. Paris, p. 5. Sim. Dun. p. 198. [n] Order. +Vital. p. 512. [o] Order. Vital. p. 513. Hoveden, p. 451.] + +This success proved a signal to many other parts of England, and gave +the people an opportunity of showing their malevolence to the Normans. +Hereward, a nobleman in East Anglia celebrated for valour, assembled +his followers, and taking shelter in the Isle of Ely, made inroads on +all the neighbouring country [p]. The English in the counties of +Somerset and Dorset rose in arms, and assaulted Montacute, the Norman +governor; while the inhabitants of Cornwall and Devon invested Exeter, +which, from the memory of William's clemency, still remained faithful +to him. Edric the Forester, calling in the assistance of the Welsh, +laid siege to Shrewsbury, and made head against Earl Brient and +Fitz-Osberne, who commanded in those quarters [q]. The English, every +where, repenting their former easy submission, seemed determined to +make by concert one great effort for the recovery of their liberties, +and for the expulsion of their oppressors. +[FN [p] Ingulph. p. 71. Chron. Abb. St. Petri de Burgo, p. 47. [q] +Order. Vital. p. 514.] + +William, undismayed amidst this scene of confusion, assembled his +forces, and animating them with the prospect of new confiscations and +forfeitures, he marched against the rebels in the north, whom he +regarded as the most formidable, and whose defeat he knew would strike +a terror into all the other malecontents. Joining policy to force, he +tried before his approach to weaken the enemy, by detaching the Danes +from them; and he engaged Osberne, by large presents, and by offering +him the liberty of plundering the sea-coast, to retire, without +committing farther hostilities, into Denmark [r]. Cospatric, also, in +despair of success, made his peace with the king, and paying a sum of +money as an atonement for his insurrection, was received into favour, +and even invested with the earldom of Northumberland. Waltheof, who +long defended York with great courage, was allured with this +appearance of clemency; and as William knew how to esteem valour, even +in an enemy, that nobleman had no reason to repent of his confidences +[s]. Even Edric, compelled by necessity, submitted to the conqueror, +and received forgiveness, which was soon after followed by some degree +of trust and favour. Malcolm, coming too late to support his +confederates, was constrained to retire; and all the English rebels in +other parts, except Hereward, who still kept in his fastnesses, +dispersed themselves, and left the Normans undisputed masters of the +kingdom. Edgar Atheling, with his followers, sought again a retreat +in Scotland from the pursuit of his enemies. +[FN [r] Hoveden, p. 451. Chron Abb. St Petri de Burgo, p. 47. Sim. +Dun. p. 199. [s] Malmes. p. 104. H. Hunt. p. 369.] + +[MN 1070. New rigours of the government.] +But the seeming clemency of William towards the English leaders +proceeded only from artifice, or from his esteem of individuals: his +heart was hardened against all compassion towards the people; and he +scrupled no measure, however violent or severe, which seemed requisite +to support his plan of tyrannical administration. Sensible of the +restless disposition of the Northumbrians, he determined to +incapacitate them ever after from giving him disturbance, and he +issued orders for laying entirely waste that fertile country which, +for the extent of sixty miles, lies between the Humber and the Tees +[t]. The houses were reduced to ashes by the merciless Normans; the +cattle seized and driven away; the instruments of husbandry destroyed; +and the inhabitants compelled either to seek for a subsistence in the +southern parts of Scotland, or if they lingered in England, from a +reluctance to abandon their ancient habitations, they perished +miserably in the woods from cold and hunger. The lives of a hundred +thousand persons are computed to have been sacrificed to this stroke +of barbarous policy [u], which, by seeking a remedy for a temporary +evil, thus inflicted a lasting wound on the power and populousness of +the nation. +[FN [t] Chron. Sax. p. 174. Ingulph. p. 79. Malmes. p. 103. +Hoveden, p. 451. Chron. Abb. St. Petri de Burgo, p. 47. M. Paris, p. +5. Sim. Dun. p. 199. Brompton, p. 966. Knyghton, p. 2344. Anglia +Sacra, vol. i. p. 702. [u] Order. Vital. p. 515.] + +But William finding himself entirely master of a people who had given +him such sensible proofs of their impotent rage and animosity, now +resolved to proceed to extremities against all the natives of England, +and to reduce them to a condition in which they should no longer be +formidable to his government. The insurrections and conspiracies in +so many parts of the kingdom had involved the bulk of the landed +proprietors, more or less, in the guilt of treason; and the king took +advantage of executing against them, with the utmost rigour, the laws +of forfeiture and attainder. Their lives were indeed commonly spared; +but their estates were confiscated, and either annexed to the royal +demesnes, or conferred with the most profuse bounty on the Normans and +other foreigners [w]. While the king's declared intention was to +depress, or rather entirely extirpate the English gentry [x], it is +easy to believe that scarcely the form of justice would be observed in +those violent proceedings [y]; and that any suspicions served as the +most undoubted proofs of guilt against a people thus devoted to +destruction. It was crime sufficient in an Englishman to be opulent, +or noble, or powerful; and the policy of the king, concurring with the +rapacity of foreign adventurers, produced almost a total revolution in +the landed property of the kingdom. Ancient and honourable families +were reduced to beggary; the nobles themselves were every where +treated with ignominy and contempt; they had the mortification of +seeing their castles and manors possessed by Normans of the meanest +birth and lowest stations [z]; and they found themselves carefully +excluded from every road which led either to riches or preferment [a]. +[FN [w] W. Malmes. p. 104. [x] H. Hunt p. 370. [y] See note [H], at +the end of the volume. [z] Order. Vitalis, p. 521. M. West. p. 229. +[a] See note [I], at the end of the volume.] + +[MN Introduction of the feudal law.] +As power naturally follows property, this revolution alone gave great +security to the foreigners; but William, by the new institutions which +he established, took also care to retain for ever the military +authority in those hands which had enabled him to subdue the kingdom. +He introduced into England the feudal law, which he found established +in France and Normandy, and which, during that age, was the foundation +both of the stability and of the disorders in most of the monarchical +governments of Europe. He divided all the lands of England, with very +few exceptions, beside the royal demesnes, into baronies, and he +conferred these, with the reservation of stated services and payments, +on the most considerable of his adventurers. These great barons, who +held immediately of the crown, shared out a great part of their lands +to other foreigners, who were denominated knights or vassals, and who +paid their lord the same duty and submission in peace and war, which +he himself owed to his sovereign. The whole kingdom contained about +seven hundred chief tenants, and sixty thousand two hundred and +fifteen knights-fees [b]; and as none of the native English were +admitted into the first rank, the few who retained their landed +property were glad to be received into the second, and under the +protection of some powerful Norman, to load themselves and their +posterity with this grievous burden, for estates which they had +received free from their ancestors [c]. The small mixture of English +which entered into this civil or military fabric (for it partook of +both species) was so restrained by subordination under the foreigners, +that the Norman dominion seemed now to be fixed on the most durable +basis, and to defy all the efforts of its enemies. +[FN [b] Order. Vital. p. 523. Secretum Abbatis, apud Selden, Titles +of Honour, p. 573. Spellm. Gloss. in verbo FEODUM. Sir Robert +Cotton. [c] M. West. p. 225. M. Paris, p. 4. Bracton, lib. 1. cap. +II. num. 1. Fleta, lib i. cap. 8. n. 2.] + +The better to unite the parts of the government, and to bind them into +one system, which might serve both for defence against foreigners, and +for the support of domestic tranquillity, William reduced the +ecclesiastical revenues under the same feudal law; and though he had +courted the church on his invasion and accession, he now subjected it +to services which the clergy regarded as a grievous slavery, and as +totally unbefitting their profession. The bishops and abbots were +obliged, when required, to furnish to the king, during war, a number +of knights, or military tenants, proportioned to the extent of +property possessed by each see or abbey; and they were liable, in case +of failure, to the same penalties which were exacted from the laity +[d] The pope and the ecclesiastics exclaimed against this tyranny, as +they called it; but the king's authority was so well established over +the army, who held every thing from his bounty, that superstition +itself, even in that age, when it was most prevalent, was constrained +to bend under his superior influence. +[FN [d] M. Paris, p. 5. Anglia Sacra, vol. i. p. 248.] + +But as the great body of the clergy were still natives, the king had +much reason to dread the effects of their resentment; he therefore +used the precaution of expelling the English from all the considerable +dignities, and of advancing foreigners in their place. The partiality +of the Confessor towards the Normans had been so great, that, aided by +their superior learning, it had promoted them to many of the sees in +England; and even before the period of the Conquest, scarcely more +than six or seven of the prelates were natives of the country. But +among these was Stigand, Archbishop of Canterbury; a man who, by his +address and vigour, by the greatness of his family and alliances, by +the extent of his possessions, as well as by the dignity of his +office, and his authority among the English, gave jealousy to the king +[e]. Though William had, on his accession, affronted this prelate by +employing the Archbishop of York to officiate at his consecration, he +was careful on other occasions to load hint with honours and caresses, +and to avoid giving him farther offence till the opportunity should +offer of effecting his final destruction [f]. The suppression of the +late rebellions, and the total subjection of the English, made him +hope that an attempt against Stigand, however violent, would be +covered by his great successes, and be overlooked amidst the other +important revolutions which affected so deeply the property and +liberty of the kingdom. Yet, notwithstanding these great advantages, +he did not think it safe to violate the reverence usually paid to the +primate; but under cover of a new superstition, which he was the great +instrument of introducing into England. +[FN [e] Parker, p. 161. [f] Ibid. p. 164.] + +[MN Innovation in ecclesiastical government.] +The doctrine which exalted the papacy above all human power had +gradually diffused itself from the city and court of Rome; and was, +during that age, much more prevalent in the southern than in the +northern kingdoms of Europe. Pope Alexander, who had assisted William +in his conquests, naturally expected that the French and Normans would +import into England the same reverence for his sacred character with +which they were impressed in their own country; and would break the +spiritual as well as civil independency of the Saxons, who had +hitherto conducted their ecclesiastical government, with an +acknowledgment indeed of primacy in the see of Rome, but without much +idea of its title to dominion or authority. As soon, therefore, as +the Norman prince seemed fully established on the throne, the pope +despatched Ermenfroy, Bishop of Sion, as his legate into England; and +this prelate was the first that had ever appeared with that character +in any part of the British islands. The king, though he was probably +led by principle to pay this submission to Rome, determined, as is +usual, to employ the incident as a means of serving his political +purposes, and of degrading those English prelates who were become +obnoxious to him. The legate submitted to become the instrument of +his tyranny; and thought, that the more violent the exertion of power, +the more certainly did it confirm the authority of that court from +which he derived his commission. He summoned, therefore, a council of +the prelates and abbots at Winchester; and being assisted by two +cardinals, Peter and John, he cited before him Stigand, Archbishop of +Canterbury, to answer for his conduct. The primate was accused of +three crimes: the holding of the see of Winchester, together with that +of Canterbury; the officiating in the pall of Robert his predecessor; +and the having received his own pall from Benedict IX., who was +afterwards deposed for simony, and for intrusion into the papacy [g]. +These crimes of Stigand were mere pretences; since the first had been +a practice not unusual in England, and was never any where subjected +to a higher penalty than a resignation of one of the sees; the second +was a pure ceremonial; and as Benedict was the only pope who then +officiated, and his acts were never repealed, all the prelates of the +church, especially those who lay at a distance, were excusable for +making their applications to him. Stigand's ruin, however, was +resolved on, and was prosecuted with great severity. The legate +degraded him from his dignity: the king confiscated his estate, and +cast him into prison, where he continued, in poverty and want, during +the remainder of his life. Like rigour was exercised against the +other English prelates: Agelric, Bishop of Selesey and Agelmare, of +Elmham, were deposed by the legate, and imprisoned by the king. Many +considerable abbots shared the same fate: Egelwin, Bishop of Durham, +fled the kingdom: Wulstan, of Worcester, a man of an inoffensive +character, was the only English prelate that escaped this general +proscription [h], and remained in possession of his dignity. Aldred, +Archbishop of York, who had set the crown on William's head, had died +a little before of grief and vexation, and had left his malediction to +that prince on account of the breach of his coronation oath, and of +the extreme tyranny with which he saw he was determined to treat his +English subjects [i]. +[FN [g] Hoveden, p. 453. Diceto, p. 482. Knyghton, p. 2345. Anglia +Sacra, vol. i. p. 5, 6. Ypod. Neust. p. 438. [h] Brompton relates, +that Wulstan was also deprived by the synod; but refusing to deliver +his pastoral staff and ring to any but the person from whom he first +received it, he went immediately to King Edward's tomb, and struck the +staff so deeply into the stone, that none but himself was able to pull +it out: upon which he was allowed to keep his bishopric. This +instance may serve, instead of many, as a specimen of the monkish +miracles. See also the annals of Burton, p. 284. [i] Malmes. de +Gest. Pont. p. 154.] + +It was a fixed maxim in this reign, as well as in some of the +subsequent, that no native of the island should ever be advanced to +any dignity, ecclesiastical, civil, or military [k] The king, +therefore, upon Stigand's deposition, promoted Lanfranc, a Milanese +monk, celebrated for his learning and piety, to the vacant see. This +prelate was rigid in defending the prerogatives of his station; and +after a long process before the pope, he obliged Thomas, a Norman +monk, who had been appointed to the see of York, to acknowledge the +primacy of the Archbishop of Canterbury. Where ambition can be so +happy as to cover its enterprises, even to the person himself, under +the appearance of principle, it is the most incurable and inflexible +of all human passions. Hence Lanfranc's zeal in promoting the +interests of the papacy, by which he himself augmented his own +authority, was indefatigable; and met with proportionable success. +The devoted attachment to Rome continually increased in England; and +being favoured by the sentiments of the conquerors, as well as by the +monastic establishments formerly introduced by Edred and by Edgar, it +soon reached the same height at which it had, during some time, stood +in France and Italy [l]. [MN 1070.] It afterwards went much farther; +being favoured by that very remote situation which had at first +obstructed its progress; and being less checked by knowledge and a +liberal education, which were still somewhat more common in the +southern countries. +[FN [k] Ingulph. p. 70, 71. [l] M. West. p. 228. Lanfranc wrote in +defence of the real presence against Berengarius; and in those ages of +stupidity and ignorance, he was greatly applauded for that +performance.] + +The prevalence of this superstitious spirit became dangerous to some +of William's successors, and incommodious to most of them; but the +arbitrary sway of this king over the English, and his extensive +authority over the foreigners, kept him from feeling any immediate +inconveniences from it. He retained the church in great subjection, +as well as his lay subjects; and would allow none, of whatever +character, to dispute his sovereign will and pleasure. He prohibited +his subjects from acknowledging any one for pope whom he himself had +not previously received: he required that all the ecclesiastical +canons, voted in any synod, should first be laid before him, and be +ratified by his authority: even bulls or letters from Rome could not +legally be produced, till they received the same sanction: and none of +his ministers or barons, whatever offences they were guilty of, could +be subjected to spiritual censures till he himself had given his +consent to their excommunication [m]. These regulations were worthy +of a sovereign, and kept united the civil and ecclesiastical powers, +which the principles introduced by this prince himself had an +immediate tendency to separate. +[FN [m] Eadmer, p. 6.] + +But the English had the cruel mortification to find that their king's +authority, however acquired or however extended, was all employed in +their oppression; and that the scheme of their subjection, attended +with every circumstance of insult and indignity [n], was deliberately +formed by the prince, and wantonly prosecuted by his followers [o]. +William had even entertained the difficult project of totally +abolishing the English language; and, for that purpose, he ordered, +that in all schools throughout the kingdom, the youth should be +instructed in the French tongue; a practice which was continued from +custom till after the reign of Edward III., and was never indeed +totally discontinued in England. The pleadings in the supreme courts +of judicature were in French [p]: the deeds were often drawn in the +same language: the laws were composed in that idiom [q]: no other +tongue was used at court: it became the language of all fashionable +company; and the English themselves, ashamed of their own country, +affected to excel in that foreign dialect. From this attention of +William, and from the extensive foreign dominions long annexed to the +crown of England, proceeded that mixture of French which is at present +to be found in the English tongue, and which composes the greatest and +best part of our language. But amidst those endeavours to depress the +English nation, the king, moved by the remonstrances of some of his +prelates, and by the earnest desires of the people, restored a few of +the laws of King Edward [r]; which, though seemingly of no great +importance towards the protection of general liberty, gave them +extreme satisfaction, as a memorial of their ancient government, and +an unusual mark of complaisance in their imperious conquerors [s]. +[FN [n] Order. Vital. p. 523. H. Hunt. p. 370. [o] Ingulph. p. 71. +[p] 36 Edw. III. cap. 15. Selden Spicileg. ad Eadmer, p. 189. +Fortescue de laud leg. Angl. cap. 48. [q] Chron. Rothom. A. D. 1066. +[r] Ingulph. p. 88. Brompton, p. 982. Knyghton, p. 2355. Hoveden, +p. 600. [s] See note [K], at the end of the volume.] + +[MN 1071.] The situation of the two great earls, Morcar and Edwin, +became now very disagreeable. Though they had retained their +allegiance during this general insurrection of their countrymen, they +had not gained the king's confidence, and they found themselves +exposed to the malignity of the courtiers, who envied them on account +of their opulence and greatness, and at the same time involved them in +that general contempt which they entertained for the English. +Sensible that they had entirely lost their dignity, and could not even +hope to remain long in safety; they determined, though too late, to +share the same fate with their countrymen. While Edwin retired to his +estate in the north, with a view of commencing an insurrection, Morcar +took shelter in the Isle of Ely with the brave Hereward, who, secured +by the inaccessible situation of the place, still defended himself +against the Normans. But this attempt served only to accelerate the +ruin of the few English who had hitherto been able to preserve their +rank or fortune during the past convulsions. William employed all his +endeavours to subdue the Isle of Ely; and having surrounded it with +flat-bottomed boats, and made a causeway through the morasses to the +extent of two miles, he obliged the rebels to surrender at discretion. +Hereward alone forced his way, sword in hand, through the enemy; and +still continued his hostilities by sea against the Normans, till at +last William, charmed with his bravery, received him into favour, and +restored him to his estate. Earl Morcar, and Egelwin, Bishop of +Durham, who had joined the malecontents, were thrown into prison, and +the latter soon after died in confinement. Edwin, attempting to make +his escape into Scotland, was betrayed by some of his followers, and +was killed by a party of Normans, to the great affliction of the +English, and even to that of William, who paid a tribute of generous +tears to the memory of this gallant and beautiful youth. The King of +Scotland, in hopes of profiting by these convulsions, had fallen upon +the northern counties; but on the approach of William, he retired; and +when the king entered his country, he was glad to make peace, and to +pay the usual homage to the English crown. To complete the king's +prosperity, Edgar Atheling himself, despairing of success, and weary +of a fugitive life, submitted to his enemy; and receiving a decent +pension for his subsistence, was permitted to live in England +unmolested. But these acts of generosity towards the leaders were +disgraced, as usual, by William's rigour against the inferior +malecontents. He ordered the hands to be lopt off; and the eyes to be +put out, of many of the prisoners whom he had taken in the Isle of +Ely; and he dispersed them in that miserable condition throughout the +country, as monuments of his severity. + +[MN 1073.] The province of Maine, in France, had, by the will of +Herbert, the last count, fallen under the dominion of William some +years before his conquest of England; but the inhabitants, +dissatisfied with the Norman government, and instigated by Fulk, Count +of Anjou, who had some pretensions to the succession, now rose in +rebellion, and expelled the magistrates whom the king had placed over +them. The full settlement of England afforded him leisure to punish +this insult on his authority; but being unwilling to remove his Norman +forces from this island, he carried over a considerable army, composed +almost entirely of English; and joining them to some troops levied in +Normandy, he entered the revolted province. The English appeared +ambitious of distinguishing themselves on this occasion, and of +retrieving that character of valour which had long been national among +them; but which their late easy subjection under the Normans had +somewhat degraded and obscured. Perhaps too they hoped that, by their +zeal and activity, they might recover the confidence of their +sovereign, as their ancestors had formerly, by like means, gained the +affections of Canute; and might conquer his inveterate prejudices in +favour of his own countrymen. The king's military conduct, seconded +by these brave troops, soon overcame all opposition in Maine: the +inhabitants were obliged to submit, and the Count of Anjou +relinquished his pretensions. + +[MN 1074. Insurrection of the Norman barons.] +But during these transactions the government of England was greatly +disturbed; and that too by those very foreigners who owed every thing +to the king's bounty, and who were the sole object of his friendship +and regard. The Norman barons, who had engaged with their duke in the +conquest of England, were men of the most independent spirit; and +though they obeyed their leader in the field, they would have regarded +with disdain the richest acquisitions, had they been required in +return to submit, in their civil government, to the arbitrary will of +one man. But the imperious character of William, encouraged by his +absolute dominion over the English, and often impelled by the +necessity of his affairs, had prompted him to stretch his authority +over the Normans themselves beyond what the free genius of that +victorious people could easily bear. The discontents were become +general among those haughty nobles; and even Roger, Earl of Hereford, +son and heir of Fitz-Osberne, the king's chief favourite, was strongly +infected with them. This nobleman, intending to marry his sister to +Ralph de Guader, Earl of Norfolk, had thought it his duty to inform +the king of his purpose, and to desire the royal consent; but meeting +with a refusal, he proceeded nevertheless to complete the nuptials, +and assembled all his friends, and those of Guader, to attend the +solemnity. The two earls, disgusted by the denial of their request, +and dreading William's resentment for their disobedience, here +prepared measures for a revolt; and during the gaiety of the festival, +while the company was heated with wine, they opened the design to +their guests. They inveighed against the arbitrary conduct of the +king; his tyranny over the English, whom they affected on this +occasion to commiserate; his imperious behaviour to his barons of the +noblest birth; and his apparent intention of reducing the victors and +the vanquished to a like ignominious servitude. Amidst their +complaints, the indignity of submitting to a bastard [t] was not +forgotten; the certain prospect of success in a revolt, by the +assistance of the Danes and the discontented English, was insisted on; +and the whole company, inflamed with the same sentiments, and warmed +by the jollity of the entertainment, entered, by a solemn engagement, +into the design of shaking off the royal authority. Even Earl +Waltheof; who was present, inconsiderately expressed his approbation +of the conspiracy, and promised his concurrence towards its success. +[FN [t] William was so little ashamed of his birth, that be assumed +the appellation of bastard in some of his letters and charters. +Spellm. Gloss. in verb. BASTARDUS. Camden in RICHMONDSHIRE.] + +This nobleman, the last of the English who, for some generations, +possessed any power or authority, had, after his capitulation at York, +been received into favour by the Conqueror; had even married Judith, +niece to that prince; and had been promoted to the earldoms of +Huntingdon and Northampton [u]. Cospatric, Earl of Northumberland, +having, on some new disgust from William, retired into Scotland, where +he received the earldom of Dunbar from the bounty of Malcolm; Waltheof +was appointed his successor in that important command, and seemed +still to possess the confidence and friendship of his sovereign [w]. +But as he was a man of generous principles, and loved his country, it +is probable that the tyranny exercised over the English lay heavy upon +his mind, and destroyed all the satisfaction which he could reap from +his own grandeur and advancement. When a prospect, therefore, was +opened of retrieving their liberty, he hastily embraced it; while the +fumes of the liquor, and the ardour of the company, prevented him from +reflecting on the consequences of that rash attempt. But after his +cool judgment returned, he foresaw that the conspiracy of those +discontented barons was not likely to prove successful against the +established power of William; or if it did, that the slavery of the +English, instead of being alleviated by that event, would become more +grievous, under a multitude of foreign leaders, factious and +ambitious, whose union and whose discord would be equally oppressive +to the people. Tormented with these reflections, he opened his mind +to his wife Judith, of whose fidelity he entertained no suspicion, but +who, having secretly fixed her affections on another, took this +opportunity of ruining her easy and credulous husband. She conveyed +intelligence of the conspiracy to the king, and aggravated every +circumstance, which, she believed, would tend to incense him against +Waltheof, and render him absolutely implacable [x]. Meanwhile the +earl, still dubious with regard to the part which he should act, +discovered the secret in confession to Lanfranc, on whose probity and +judgment he had a great reliance: he was persuaded by the prelate, +that he owed no fidelity to those rebellious barons, who had by +surprise gained his consent to a crime; that his first duty was to his +sovereign and benefactor; his next to himself and his family; and +that, if he seized not the opportunity of making atonement for his +guilt by revealing it, the temerity of the conspirators was so great, +that they would give some other person the means of acquiring the +merit of the discovery. Waltheof, convinced by these arguments, went +over to Normandy; but though he was well received by the king, and +thanked for his fidelity, the account previously transmitted by Judith +had sunk deep into William's mind, and had destroyed all the merit of +her husband's repentance. +[FN [u] Order. Vital. p. 522. Hoveden, p. 454. [w] Sim. Dun. p. 205. +[x] Order. Vital. p. 536.] + +The conspirators, hearing of Waltheof's departure, immediately +concluded their design to be betrayed; and they flew to arms before +their schemes were ripe for execution, and before the arrival of the +Danes, in whose aid they placed their chief confidence. The Earl of +Hereford was checked by Walter de Lacy, a great baron in those parts, +who, supported by the Bishop of Worcester and the Abbot of Evesham, +raised some forces, and prevented the earl from passing the Severn, or +advancing into the heart of the kingdom. The Earl of Norfolk was +defeated at Fagadun, near Cambridge, by Odo, the regent, assisted by +Richard de Bienfaite and William de Warenne, the two justiciaries. +The prisoners taken in this action had their right foot cut off, as a +punishment of their treason: the earl himself escaped to Norwich, +thence to Denmark; where the Danish fleet, which had made an +unsuccessful attempt upon the coast of England [y], soon after +arrived, and brought him intelligence, that all his confederates were +suppressed, and were either killed, banished, or taken prisoners [z]. +Ralph retired in despair to Britany, where he possessed a large estate +and extensive jurisdictions. +[FN [y] Chron. Sax. p. 183. M. Paris, p. 7. [z] Many of the +fugitive Normans are supposed to have fled into Scotland; where they +were protected, as well as the fugitive English, by Malcolm. Whence +come the many French and Norman families, which are found at present +in that country.] + +The king, who hastened over to England in order to suppress the +insurrection, found that nothing remained but the punishment of the +criminals, which he executed with great severity. Many of the rebels +were hanged; some had their eyes put out; others their hands cut off. +But William, agreeably to his usual maxims, showed more lenity to +their leader, the Earl of Hereford, who was only condemned to a +forfeiture of his estate, and to imprisonment during pleasure. The +king seemed even disposed to remit this last part of the punishment, +had not Roger, by a fresh insolence, provoked him to render his +confinement perpetual. [MN 1075.] But Waltheof, being an Englishman, +was not treated with so much humanity; though his guilt, always much +inferior to that of the other conspirators, was atoned for by an +early repentance and return to his duty. William, instigated by his +niece, as well as by his rapacious courtiers, who longed for so rich a +forfeiture, ordered him to be tried, condemned, and executed. [MN +29th April 1075.] The English, who considered this nobleman as the +last resource of their nation, grievously lamented his fate, and +fancied that miracles were wrought by his relics, as a testimony of +his innocence and sanctity. The infamous Judith, falling soon after +under the king's displeasure, was abandoned by all the world, and +passed the rest of her life in contempt, remorse, and misery. + +Nothing remained to complete William's satisfaction but the punishment +of Ralph de Guader; and he hastened over to Normandy in order to +gratify his vengeance on that criminal. But though the contest seemed +very unequal between a private nobleman and the King of England, Ralph +was so well supported both by the Earl of Britany and the King of +France, that William, after besieging him for some time in Dol, was +obliged to abandon the enterprise, and make with those powerful +princes a peace, in which Ralph himself was included. England, during +his absence, remained in tranquillity, and nothing remarkable +occurred, except two ecclesiastical synods which were summoned, one at +London, another at Winchester. In the former the precedency among the +episcopal sees was settled, and the seat of some of them was removed +from small villages to the most considerable town within the diocese. +In the second was transacted a business of more importance. + +[MN 1076. Dispute about investitures] +The industry and perseverance are surprising, with which the popes had +been treasuring up powers and pretensions during so many ages of +ignorance; while each pontiff employed every fraud for advancing +purposes of imaginary piety, and cherished all claims which might turn +to the advantage of his successors, though he himself could not expect +ever to reap any benefit from them. All this immense store of +spiritual and civil authority was now devolved on Gregory VII. of the +name of Hildebrand, the most enterprising pontiff that had ever filled +that chair, and the least restrained by fear, decency, or moderation. +Not content with shaking off the yoke of the emperors, who had +hitherto exercised the power of appointing the pope on every vacancy, +or at least of ratifying his election; he undertook the arduous task +of entirely disjoining the ecclesiastical from the civil power, and of +excluding profane laymen from the right which they had assumed of +filling the vacancies of bishoprics, abbeys, and other spiritual +dignities [a]. The sovereigns who had long exercised this power, and +who had acquired it not by encroachments on the church, but on the +people, to whom it originally belonged [b], made great opposition to +this claim of the court of Rome; and Henry IV., the reigning emperor, +defended this prerogative of his crown with a vigour and resolution +suitable to its importance. The few offices, either civil or +military, which the feudal institutions left the sovereign the power +of bestowing, made the prerogative of conferring the pastoral ring and +staff the most valuable jewel of the royal diadem; especially as the +general ignorance of the age bestowed a consequence on the +ecclesiastical offices, even beyond the great extent of power and +property which belonged to them. Superstition, the child of +ignorance, invested the clergy with an authority almost sacred; and as +they engrossed the little learning of the age, their interposition +became requisite in all civil business, and a real usefulness in +common life was thus superadded to the spiritual sanctity of their +character. +[FN [a] L'Abbe Conc. tom. x. p. 371, 372. com. 2. [b] Padre Paolo +sopra benef. eccles. p. 30.] + +When the usurpations, therefore, of the church had come to such +maturity as to embolden her to attempt extorting the right of +investitures from the temporal power, Europe, especially Italy and +Germany, was thrown into the most violent convulsions, and the pope +and the emperor waged implacable war on each other. Gregory dared to +fulminate the sentence of excommunication against Henry and his +adherents, to pronounce him rightfully deposed, to free his subjects +from their oaths of allegiance; and instead of shocking mankind by +this gross encroachment on the civil authority, he found the stupid +people ready to second his most exorbitant pretensions. Every +minister, servant, or vassal of the emperor, who received any disgust, +covered his rebellion under the pretence of principle; and even the +mother of this monarch, forgetting all the ties of nature, was +seduced to countenance the insolence of his enemies. Princes +themselves, not attentive to the pernicious consequences of those +papal claims, employed them for their present purposes; and the +controversy, spreading into every city of Italy, engendered the +parties of Guelf and Ghibbelin; the most durable and most inveterate +factions that ever arose from the mixture of ambition and religious +zeal. Besides numberless assassinations, tumults, and convulsions to +which they gave rise, it is computed that the quarrel occasioned no +less than sixty battles in the reign of Henry IV., and eighteen in +that of his successor, Henry V., when the claims of the sovereign +pontiff finally prevailed [c]. +[FN [c] Padre Paolo sopra benef. eccles. p. 113.] + +But the bold spirit of Gregory, not dismayed with the vigorous +opposition which he met with from the emperor, extended his +usurpations all over Europe; and well knowing the nature of mankind, +whose blind astonishment ever inclines them to yield to the most +impudent pretensions, he seemed determined to set no bounds to the +spiritual, or rather temporal monarchy, which he had undertaken to +erect. He pronounced the sentence of excommunication against +Nicephorus, Emperor of the East: Robert Guiscard, the adventurous +Norman, who had acquired the dominion of Naples, was attacked by the +same dangerous weapon: he degraded Boleslas, King of Poland, from the +rank of king; and even deprived Poland of the title of a kingdom: he +attempted to treat Philip, King of France, with the same rigour which +he had employed against the emperor [d]: he pretended to the entire +property and dominion of Spain; and he parcelled it out amongst +adventurers, who undertook to conquer it from the Saracens, and to +hold it in vassalage under the see of Rome [e]: even the Christian +bishops, on whose aid he relied for subduing the temporal princes, saw +that he was determined to reduce them to servitude; and by assuming +the whole legislative and judicial power of the church, to centre all +authority in the sovereign pontiff [f]. +[FN [d] Epist. Greg. VII. epist. 32, 35. lib. 2. epist. 5. [e] Epist. +Greg. VII. lib. 1. epist. 7. [f] Greg. epist. lib. 2. epist. 55.] + +William the Conqueror, the most potent, the most haughty, and the most +vigorous prince in Europe, was not, amidst all his splendid successes, +secure from the attacks of this enterprising pontiff. Gregory wrote +him a letter, requiring him to fulfil his promise in doing homage for +the kingdom of England to the see of Rome, and to send him over that +tribute, which all his predecessors had been accustomed to pay to the +vicar of Christ. By the tribute he meant Peter's pence; which, though +at first a charitable donation of the Saxon princes, was interpreted, +according to the usual practice of the Romish court, to be a badge of +subjection acknowledged by the kingdom. William replied, that the +money should be remitted as usual; but that neither had he promised to +do homage to Rome, nor was it in the least his purpose to impose that +servitude on his state [g]. And the better to show Gregory his +independence, he ventured, notwithstanding the frequent complaints of +the pope, to refuse to the English bishops the liberty of attending a +general council which that pontiff had summoned against his enemies. +[FN [g] Spicileg. Seldeni ad Eadmer, p. 4.] + +But though the king displayed this vigour in supporting the royal +dignity, he was infected with the general superstition of the age, and +he did not perceive the ambitious scope of those institutions, which, +under colour of strictness in religion, were introduced or promoted by +the court of Rome. Gregory, while he was throwing all Europe into +combustion by his violence and impostures, affected an anxious care +for the purity of manners; and even the chaste pleasures of the +marriage-bed were inconsistent, in his opinion, with the sanctity of +the sacerdotal character. He had issued a decree prohibiting the +marriage of priests, excommunicating all clergymen who retained their +wives, declaring such unlawful commerce to be fornication, and +rendering it criminal in the laity to attend divine worship, when such +profane priests officiated at the altar [h]. This point was a great +object in the politics of the Roman pontiffs; and it cost them +infinitely more pains to establish it, than the propagation of any +speculative absurdity which they had ever attempted to introduce. +Many synods were summoned in different parts of Europe before it was +finally settled; and it was there constantly remarked, that the +younger clergymen complied cheerfully with the pope's decrees in this +particular, and that the chief reluctance appeared in those who were +more advanced in years: an event so little consonant to men's natural +expectations, that it could not fail to be glossed on, even in that +blind and superstitious age. William allowed the pope's legate to +assemble, in his absence, a synod at Winchester, in order to establish +the celibacy of the clergy; but the church of England could not yet be +carried the whole length expected. The synod was content with +decreeing, that the bishops should not thenceforth ordain any priests +or deacons without exacting from them a promise of celibacy; but they +enacted, that none, except those who belonged to collegiate or +cathedral churches, should be obliged to separate from their wives. +[FN [h] Hoveden, p. 455, 457. Flor. Wigorn. p. 638. Spellm. Concil. +fol. 13 A. D. 1076.] + +[MN Revolt of Prince Robert.] +The king passed some years in Normandy; but his long residence there +was not entirely owing to his declared preference of that duchy: his +presence was also necessary for composing those disturbances which had +arisen in that favourite territory, and which had even originally +proceeded from his own family. Robert, his eldest son, surnamed +Gambaron or Curthose, from his short legs, was a prince who inherited +all the bravery of his family and nation; but without that policy and +dissimulation, by which his father was so much distinguished, and +which, no less than his military valour, had contributed to his great +successes. Greedy of fame, impatient of contradiction, without +reserve in his friendships, declared in his enmities, this prince +could endure no control even from his imperious father, and openly +aspired to that independence, to which his temper, as well as some +circumstances in his situation, strongly invited him [i]. When +William first received the submissions of the province of Maine, he +had promised the inhabitants that Robert should be their prince; and +before he undertook the expedition against England, he had, on the +application of the French court, declared him his successor in +Normandy, and had obliged the barons of that duchy to do him homage as +their future sovereign. By this artifice, he had endeavoured to +appease the jealousy of his neighbours, as affording them a prospect +of separating England from his dominions on the continent; but when +Robert demanded of him the execution of those engagements, he gave him +an absolute refusal, and told him, according to the homely saying, +that he never intended to throw off his clothes till he went to bed +[k]. Robert openly declared his discontent; and was suspected of +secretly instigating the King of France and the Earl of Britany to the +opposition which they made to William, and which had formerly +frustrated his attempts upon the town of Dol. And as the quarrel +still augmented, Robert proceeded to entertain a strong jealousy of +his two surviving brothers, William and Henry, (for Richard was killed +in hunting by a stag,) who, by greater submission and complaisance, +had acquired the affections of their father. In this disposition on +both sides, the greatest trifle sufficed to produce a rupture between +them. +[FN [i] Order. Vital. p. 545. Hoveden, p. 457. Flor. Wigorn. p. 639. +[k] Chron. de Mailr. p. 160.] + +The three princes, residing with their father in the castle of L'Aigle +in Normandy, were one day engaged in sport together; and after some +mirth and jollity, the two younger took a fancy of throwing over some +water on Robert as he passed through the court on leaving their +apartment [l]; a frolic, which he would naturally have regarded as +innocent, had it not been for the suggestions of Alberic de +Grentmesnil, son of that Hugh de Grentmesnil whom William had formerly +deprived of his fortunes, when that baron deserted him during his +greatest difficulties in England. The young man, mindful of the +injury, persuaded the prince that this action was meant as a public +affront, which it behoved him in honour to resent; and the choleric +Robert, drawing his sword, ran upstairs, with an intention of taking +revenge on his brothers [m]. The whole castle was filled with tumult, +which the king himself, who hastened from his apartment, found some +difficulty to appease. But he could by no means appease the +resentment of his eldest son, who, complaining of his partiality, and +fancying that no proper atonement had been made him for the insult, +left the court that very evening, and hastened to Rouen, with an +intention of seizing the citadel of that place [n]. But being +disappointed in this view by the precaution and vigilance of Roger de +Ivery, the governor, he fled to Hugh de Neufchatel, a powerful Norman +baron, who gave him protection in his castles; and he openly levied +war against his father [o]. The popular character of the prince, and +a similarity of manners, engaged all the young nobility of Normandy +and Maine, as well as of Anjou and Britany, to take part with him; and +it was suspected, that Matilda, his mother, whose favourite he was, +supported him in his rebellion by secret remittances of money, and by +the encouragement which she gave his partisans. +[FN [l] Order. Vital. p. 545. [m] Ibid. [n] Order. Vital. p. 545. +[o] Ibid. Hoveden, p. 457. Sim. Dun. p. 210. Diceto, p. 487.] + +[MN 1079.] All the hereditary provinces of William, as well as his +family, were, during several years, thrown into convulsions by this +war; and he was at last obliged to have recourse to England, where +that species of military government which he had established gave him +greater authority than the ancient feudal institutions permitted him +to exercise in Normandy. He called over an army of English under his +ancient captains, who soon expelled Robert and his adherents from +their retreats, and restored the authority of the sovereign in all his +dominions. The young prince was obliged to take shelter in the castle +of Gerberoy in the Beauvoisis, which the King of France, who secretly +fomented all these dissensions, had provided for him. In this +fortress he was closely besieged by his father, against whom, having a +strong garrison, he made an obstinate defence. There passed under the +walls of this place many rencounters, which resembled more the single +combats of chivalry than the military actions of armies; but one of +them was remarkable for its circumstances and its event. Robert +happened to engage the king, who was concealed by his helmet; and both +of them being valiant, a fierce combat ensued, till at last the young +prince wounded his father in the arm, and unhorsed him. On his +calling out for assistance, his voice discovered him to his son, who, +struck with remorse for his past guilt, and astonished with the +apprehensions of one much greater, which he had so nearly incurred, +instantly threw himself at his father's feet, craved pardon for his +offences, and offered to purchase forgiveness by any atonement [p]. +The resentment harboured by William was so implacable, that he did not +immediately correspond to this dutiful submission of his son with like +tenderness; but giving him his malediction, departed for his own camp, +on Robert's horse, which that prince had assisted him to mount. He +soon after raised the siege, and marched with his army to Normandy; +where the interposition of the queen, and other common friends, +brought about a reconcilement, which was probably not a little +forwarded by the generosity of the son's behaviour in this action, and +by the returning sense of his past misconduct. The king seemed so +fully appeased, that he even took Robert with him into England; where +he intrusted him with the command of an army, in order to repel an +inroad of Malcolm, King of Scotland, and to retaliate by a like inroad +into that country. The Welsh, unable to resist William's power, were, +about the same time, necessitated to pay a compensation for their +incursions; and every thing was reduced to full tranquillity in this +island. +[FN [p] Malmes. p. 106. H. Hunt. p. 369. Hoveden, p. 457. Flor. +Wig. p. 639. Sim. Dun. p. 210. Diceto, p. 287. Knyghton, p. 2351. +Alur. Beverl. p. 135.] + +[MN 1081. Doomsday-book.] +The state of affairs gave William leisure to begin and finish an +undertaking, which proves his extensive genius, and does honour to his +memory: it was a general survey of all the lands in the kingdom, their +extent in each district, their proprietors, tenures, value; the +quantity of meadow, pasture, wood, and arable land, which they +contained; and in some counties the number of tenants, cottagers, and +slaves of all denominations, who lived upon them. He appointed +commissioners for this purpose, who entered every particular in their +register by the verdict of juries; and after a labour of six years +(for the work was so long in finishing) brought him an exact account +of all the landed property of his kingdom [q]. This monument, called +Doomsday-book, the most valuable piece of antiquity possessed by any +nation, is still preserved in the Exchequer; and though only some +extracts of it have hitherto been published, it serves to illustrate +to us, in many particulars, the ancient state of England. The great +Alfred had finished a like survey of the kingdom in his time, which +was long kept at Winchester, and which probably served as a model to +William in this undertaking [r]. +[FN [q] Chron. Sax. p. 190. Ingulph, p. 79. Chron. T. Wykes, p. 23. +H. Hunt. p. 370. Hoveden, p. 460. M. West. p. 229. Flor. Wigorn. p. +641. Chron. Abb. de Petri de Burgo, p. 51. M. Paris, p. 8. The more +northern counties were not comprehended in this survey; I suppose +because of their wild, uncultivated state. [r] Ingulph, p. 8.] + +The king was naturally a great economist; and though no prince had +ever been more bountiful to his officers and servants, it was merely +because he had rendered himself universal proprietor of England, and +had a whole kingdom to bestow. He reserved an ample revenue for the +crown; and in the general distribution of land among his followers, he +kept possession of no less than one thousand four hundred and twenty- +two manors in different parts of England [s], which paid him rent, +either in money, or in corn, cattle, and the usual produce of the +soil. An ancient historian computes, that his annual fixed income, +besides escheats, fines, reliefs, and other casual profits to a great +value, amounted to near four hundred thousand pounds a year [t]; a sum +which, if all circumstances be attended to, will appear wholly +incredible. A pound in that age, as we have already observed, +contained three times the weight of silver that it does at present; +and the same weight of silver, by the most probable computation, would +purchase near ten times more of the necessaries of life, though not in +the same proportion of the finer manufactures. This revenue, +therefore, of William, would be equal to at least nine or ten millions +at present; and as that prince had neither fleet nor army to support, +the former being only an occasional expense, and the latter being +maintained without any charge to him by his military vassals, we must +thence conclude, that no emperor or prince, in any age or nation, can +be compared to the Conqueror for opulence and riches. This leads us +to suspect a great mistake in the computation of the historian: +though, if we consider that avarice is always imputed to William, as +one of his vices, and that having by the sword rendered himself master +of all the lands in the kingdom, he would certainly in the partition +retain a great proportion for his own share; we can scarcely be guilty +of any error in asserting, that perhaps no king of England was ever +more opulent, was more able to support by his revenue the splendour +and magnificence of a court, or could bestow more on his pleasures, or +in liberalities to his servants and favourites [u]. +[FN [s] West's inquiry into the manner of creating peers, p. 24. [t] +Order. Vital. p. 523. He says one thousand and sixty pounds and some +odd shillings and pence a day. [u] Fortescue, de Dom. reg. et +politic. cap. 111.] + +[MN The new forest.] +There was one pleasure to which William, as well as all the Normans +and ancient Saxons, was extremely addicted, and that was hunting; but +this pleasure he indulged more at the expense of his unhappy subjects, +whose interests he always disregarded, than to the loss or diminution +of his own revenue. Not content with those large forests which former +kings possessed in all parts of England, he resolved to make a new +forest near Winchester, the usual place of his residence; and for that +purpose he laid waste the country in Hampshire for an extent of thirty +miles, expelled the inhabitants from their houses, seized their +property, even demolished churches and convents, and made the +sufferers no compensation for the injury [w]. At the same time, he +enacted new laws, by which he prohibited all his subjects from hunting +in any of his forests, and rendered the penalties more severe than +ever had been inflicted for such offences. The killing of a deer or +boar, or even a hare, was punished with the loss of the delinquent's +eyes; and that at a time, when the killing of a man could be atoned +for by paying a moderate fine or composition. +[FN [w] Malmes. p. 3. H. Hunt. p. 731. Anglia Sacra, vol. i. p. +258.] + +The transactions recorded during the remainder of this reign may be +considered more as domestic occurrences which concern the prince, than +as national events which regard England. Odo, Bishop of Baieux, the +king's uterine brother, whom he had created Earl of Kent, and +intrusted with a great share of power during his whole reign, had +amassed immense riches; and agreeably to the usual progress of human +wishes, he began to regard his present acquisitions but as a step to +farther grandeur. He had formed the chimerical project of buying the +papacy; and though Gregory, the reigning pope, was not of advanced +years, the prelate had confided so much in the predictions of an +astrologer, that he reckoned upon the pontiff's death, and upon +attaining, by his own intrigues and money, that envied state of +greatness. Resolving, therefore, to remit all his riches to Italy, he +had persuaded many considerable barons, and among the rest, Hugh, Earl +of Chester, to take the same course; in hopes that, when he should +mount the papal throne, he would bestow on them more considerable +establishments in that country. [MN 1082.] The king, from whom all +these projects had been carefully concealed, at last got intelligence +of the design, and ordered Odo to be arrested. His officers, from +respect to the immunities which the ecclesiastics now assumed, +scrupled to execute the command, till the king himself was obliged in +person to seize him; and when Odo insisted that he was a prelate, and +exempt from all temporal jurisdiction, William replied, that he +arrested him not as Bishop of Baieux, but as Earl of Kent. He was +sent prisoner to Normandy; and, notwithstanding the remonstrances and +menaces of Gregory, was detained in custody during the remainder of +this reign. + +[MN 1083.] Another domestic event gave the king much more concern: it +was the death of Matilda, his consort, whom he tenderly loved, and for +whom he had ever preserved the most sincere friendship. Three years +afterwards he passed into Normandy, and carried with him Edgar +Atheling, to whom he willingly granted permission to make a pilgrimage +to the Holy Land. [MN 1087. War with France.] He was detained on +the continent by a misunderstanding, which broke out between him and +the King of France, and which was occasioned by inroads made into +Normandy by some French barons on the frontiers. It was little in the +power of princes at that time to restrain their licentious nobility; +but William suspected, that these barons durst not have provoked his +indignation, had they not been assured of the countenance and +protection of Philip. His displeasure was increased by the account he +received of some railleries which that monarch had thrown out against +him. William, who was become corpulent, had been detained in bed some +time by sickness; upon which Philip expressed his surprise that his +brother of England should be so long in being delivered of his big +belly. The king sent him word, that, as soon as he was up, he would +present so many lights at Notre-dame, as would perhaps give little +pleasure to the King of France; alluding to the usual practice at that +time of women after childbirth. Immediately on his recovery, he led +an army into L'Isle de France, and laid every thing waste with fire +and sword. He took the town of Mante, which he reduced to ashes. But +the progress of these hostilities was stopped by an accident which +soon after put an end to William's life. His horse starting aside of +a sudden, he bruised his belly on the pommel of the saddle; and being +in a bad habit of body, as well as somewhat advanced in years, he +began to apprehend the consequences, and ordered himself to be carried +in a litter to the monastery of St. Gervas. Finding his illness +increase, and being sensible of the approach of death, he discovered +at last the vanity of all human grandeur, and was struck with remorse +for those horrible cruelties and acts of violence, which, in the +attainment and defence of it, he had committed during the course of +his reign over England. He endeavoured to make atonement by presents +to churches and monasteries; and he issued orders, that Earl Morcar, +Siward, Bearne, and other English prisoners, should be set at liberty. +He was even prevailed on, though not without reluctance, to consent, +with his dying breath, to release his brother Odo, against whom he was +extremely incensed. He left Normandy and Maine to his eldest son +Robert: he wrote to Lanfranc, desiring him to crown William King of +England: he bequeathed to Henry nothing but the possessions of his +mother Matilda; but foretold that he would one day surpass both his +brothers in power and opulence. He expired in the sixty-third year of +his age, in the twenty-first year of his reign over England, and in +the fifty-fourth of that over Normandy. + +[MN 9th Sept. Death and character of William the Conqueror.] +Few princes have been more fortunate than this great monarch, or were +better entitled to grandeur and prosperity, from the abilities and the +vigour of mind which he displayed in all his conduct. His spirit was +bold and enterprising, yet guided by prudence: his ambition, which was +exorbitant, and lay little under the restraints of justice, still less +under those of humanity, ever submitted to the dictates of sound +policy. Born in an age when the minds of men were intractable and +unacquainted with submission, he was yet able to direct them to his +purposes; and partly from the ascendant of his vehement character, +partly from art and dissimulation, to establish an unlimited +authority. Though not insensible to generosity, he was hardened +against compassion; and he seemed equally ostentatious and equally +ambitious of show and parade in his clemency and in his severity. The +maxims of his administration were austere; but might have been useful, +had they been solely employed to preserve order in an established +government [x]; they were ill calculated for softening the rigours +which, under the most gentle management, are inseparable from +conquest. His attempt against England was the last great enterprise +of the kind which, during the course of seven hundred years, has fully +succeeded in Europe; and the force of his genius broke through those +limits, which first the feudal institutions, then the refined policy +of princes, have fixed to the several states of Christendom. Though +he rendered himself infinitely odious to his English subjects, he +transmitted his power to his posterity, and the throne is still filled +by his descendants: a proof, that the foundations which he laid were +firm and solid, and that, amidst all his violence, while he seemed +only to gratify the present passion, he had still an eye towards +futurity. +[FN [x] M. West. p. 230. Anglia Sacra, vol. i. p. 258.] + +Some writers have been desirous of refusing to this prince the title +of Conqueror, in the sense which that term commonly bears; and, on +pretence that the word is sometimes in old books applied to such as +make an acquisition of territory by any means, they are willing to +reject William's title, by right of war, to the crown of England. It +is needless to enter into a controversy, which, by the terms of it, +must necessarily degenerate into a dispute of words. It suffices to +say, that the Duke of Normandy's first invasion of the island was +hostile; that his subsequent administration was entirely supported by +arms; that in the very frame of his laws, he made a distinction +between the Normans and English, to the advantage of the former [y]; +that he acted in every thing as absolute master over the natives, +whose interest and affections he totally disregarded; and that if +there was an interval when he assumed the appearance of a legal +sovereign, the period was very short, and was nothing but a temporary +sacrifice, which he, as has been the case with most conquerors, was +obliged to make of his inclination to his present policy. Scarce any +of those revolutions, which both in history and in common language, +have always been denominated conquests, appear equally violent, or +were attended with so sudden an alteration both of power and property. +The Roman state, which spread its dominion over Europe, left the +rights of individuals in a great measure untouched; and those +civilized conquerors, while they made their own country the seat of +empire, found that they could draw most advantage from the subjected +provinces, by securing to the natives the free enjoyment of their own +laws and of their private possessions. The barbarians who subdued the +Roman empire, though they settled in the conquered countries, yet +being accustomed to a rude uncultivated life, found a part only of the +land sufficient to supply all their wants; and they were not tempted +to seize extensive possessions, which they knew neither how to +cultivate nor enjoy. But the Normans and other foreigners, who +followed the standard of William, while they made the vanquished +kingdom the seat of government, were yet so far advanced in arts as to +be acquainted with the advantages of a large property; and having +totally subdued the natives, they pushed the rights of conquest (very +extensive in the eyes of avarice and ambition, however narrow in those +of reason) to the utmost extremity against them. Except the former +conquest of England by the Saxons themselves, who were induced, by +peculiar circumstances, to proceed even to the extermination of the +natives, it would be difficult to find in all history a revolution +more destructive, or attended with a more complete subjection of the +ancient inhabitants. Contumely seems even to have been wantonly added +to oppression [z]; and the natives were universally reduced to such a +state of meanness and poverty, that the English name became a term of +reproach; and several generations elapsed before one family of Saxon +pedigree was raised to any considerable honours; or could so much as +attain the rank of baron of the realm [a]. These facts are so +apparent from the whole tenour of the English history, that none would +have been tempted to deny or elude them, were they not heated by the +controversies of faction; while one party was ABSURDLY afraid of those +ABSURD consequences, which they saw the other party inclined to draw +from this event. But it is evident that the present rights and +privileges of the people, who are a mixture of English and Normans, +can never be affected by a transaction, which passed seven hundred +years ago; and as all ancient authors [b] who lived nearest the time, +and best knew the state of the country, unanimously speak of the +Norman dominion as a conquest by war and arms, no reasonable man, from +the fear of imaginary consequences, will ever be tempted to reject +their concurring and undoubted testimony. +[FN [y] Hoveden, p. 600. [z] H. Hunt. p. 370. Brompton, p. 980. [a] +So late as the reign of King Stephen, the Earl of Albemarle, before +the battle of the Standard, addressed the officers of his army in +these terms, PROCERES ANGLIAE CLARISSIMI ET GENERE NORMANNI, &c. +Brompton, p. 1026. See farther Abbas Rieval, p. 339, &c. All the +barons and military men of England still called themselves Normans. +[b] See note [L], at the end of the volume.] + +King William had issue, besides his three sons who survived him, five +daughters, to wit, (1.) Cicely, a nun in the monastery of Feschamp, +afterwards abbess in the Holy Trinity at Caen, where she died in 1127. +(2.) Constantia, married to Alan Fergent, Earl of Britany. She died +without issue. (3.) Alice, contracted to Harold. (4.) Adela, married +to Stephen, Earl of Blois, by whom she had four sons, William, +Theobald, Henry, and Stephen; of whom the elder was neglected on +account of the imbecility of his understanding. (5.) Agatha, who died +a virgin, but was betrothed to the King of Gallicia. She died on her +journey thither, before she joined her bridegroom. + + + + +CHAPTER V. + +WILLIAM RUFUS. + +ACCESSION OF WILLIAM RUFUS.--CONSPIRACY AGAINST THE KING.--INVASION OF +NORMANDY.--THE CRUSADES.--ACQUISITION OF NORMANDY.--QUARREL WITH +ANSELM, THE PRIMATE.--DEATH AND CHARACTER OF WILLIAM RUFUS + + + +[MN 1087. Accession of William Rufus.] +William, surnamed RUFUS, or the RED, from the colour of his hair, had +no sooner procured his father's recommendatory letter to Lanfranc, the +primate, than he hastened to take measures for securing to himself the +government of England. Sensible that a deed so unformal, and so +little prepared, which violated Robert's right of primogeniture, might +meet with great opposition, he trusted entirely for success to his own +celerity; and having left St. Gervas, while William was breathing his +last, he arrived in England before intelligence of his father's death +had reached that kingdom [a]. Pretending orders from the king, he +secured the fortresses of Dover, Pevensey, and Hastings, whose +situation rendered them of the greatest importance; and he got +possession of the royal treasure at Winchester, amounting to the sum +of sixty thousand pounds, by which he hoped to encourage and increase +his partisans [b]. The primate, whose rank and reputation in the +kingdom gave him great authority, had been intrusted with the care of +his education, and had conferred on him the honour of knighthood [c]; +and being connected with him by these ties, and probably deeming his +pretensions just, declared that he would pay a willing obedience to +the last will of the Conqueror, his friend and benefactor. Having +assembled some bishops, and some of the principal nobility, he +instantly proceeded to the ceremony of crowning the new king [d]; and +by this despatch endeavoured to prevent all faction and resistance. +At the same time Robert, who had been already acknowledged successor +to Normandy, took peaceable possession of that duchy. +[FN [a] W. Malmes, p. 120. M. Paris, p. 10. [b] Chron. Sax. p. 192. +Brompton, p. 983. [c] W. Malmes. p. 120. M. Paris, p. 10. Thom. +Rudborne, p. 263. [d] Hoveden, p. 461.] + +[MN 1087. Conspiracy against the king.] +But though this partition appeared to have been made without any +violence or opposition, there remained in England many causes of +discontent, which seemed to menace that kingdom with a sudden +revolution. The barons, who generally possessed large estates both in +England and in Normandy, were uneasy at the separation of those +territories; and foresaw, that as it would be impossible for them to +preserve long their allegiance to two masters, they must necessarily +resign either their ancient patrimony or their new acquisitions [e]. +Robert's title to the duchy they esteemed incontestable; his claim to +the kingdom plausible; and they all desired that this prince, who +alone had any pretensions to unite these states, should be put in +possession of both. A comparison also of the personal qualities of +the two brothers led them to give the preference to the elder. The +duke was brave, open, sincere, generous: even his predominant faults, +his extreme indolence and facility, were not disagreeable to those +haughty barons, who affected independence, and submitted with +reluctance to a vigorous administration in their sovereign. The king, +though equally brave, was violent, haughty, tyrannical, and seemed +disposed to govern more by the fear than by the love of his subjects. +Odo, Bishop of Baieux, and Robert, Earl of Mortaigne, maternal +brothers of the Conqueror, envying the great credit of Lanfranc, which +was increased by his late services, enforced all these motives with +their partisans, and engaged them in a formal conspiracy to dethrone +the king. They communicated their design to Eustace, Count of +Boulogne; Roger, Earl of Shrewsbury and Arundel; Robert de Belesme, +his eldest son; William, Bishop of Durham; Robert de Moubray; Roger +Bigod; Hugh de Grentmesnil; and they easily procured the assent of +these potent noblemen. The conspirators, retiring to their castles, +hastened to put themselves in a military posture; and expecting to be +soon supported by a powerful army from Normandy, they had already +begun hostilities in many places. +[FN [e] Order. Vital. p. 666.] + +The king, sensible of his perilous situation, endeavoured to engage +the affections of the native English. As that people were now so +thoroughly subdued that they no longer aspired to the recovery of +their ancient liberties, and were content with the prospect of some +mitigation in the tyranny of the Norman princes, they zealously +embraced William's cause, upon receiving general promises of good +treatment, and of enjoying the license of hunting in the royal +forests. The king was soon in a situation to take the field; and as +he knew the danger of delay, he suddenly marched into Kent; where his +uncles had already seized the fortresses of Pevensey and Rochester. +These places he successively reduced by famine; and though he was +prevailed on by the Earl of Chester, William de Warenne, and Robert +Fitz-Hammon, who had embraced his cause, to spare the lives of the +rebels, he confiscated all their estates, and banished them the +kingdom [f]. This success gave authority to his negotiations with +Roger, Earl of Shrewsbury, whom he detached from the confederates; and +as his powerful fleet, joined to the indolent conduct of Robert, +prevented the arrival of the Norman succours, all the other rebels +found no resource but in flight or submission. Some of them received +a pardon; but the greater part were attainted; and the king bestowed +their estates on the Norman barons, who had remained faithful to him. +[FN [f] Chron. Sax. p. 195. Order. Vital. p. 668.] + +[MN 1089.] William, freed from the danger of these insurrections, +took little care of fulfilling his promises to the English, who still +found themselves exposed to the same oppresions which they had +undergone during the reign of the Conqueror, and which were rather +augmented by the insolent impetuous temper of the present monarch. +The death of Lanfranc, who retained great influence over him, gave +soon after a full career to his tyranny; and all orders of men found +reason to complain of an arbitrary and illegal administration. Even +the privileges of the church, held sacred in those days, were a feeble +rampart against his usurpations. He seized the temporalities of all +the vacant bishoprics and abbeys; he delayed the appointment of +successors to those dignities, that he might the longer enjoy the +profits of their revenue; he bestowed some of the church lands in +property on his captains and favourites; and he openly set to sale +such sees and abbeys as he thought proper to dispose of. Though the +murmurs of the ecclesiastics; which were quickly propagated to the +nation, rose high against this grievance, the terror of William's +authority, confirmed by the suppression of the late insurrections, +retained every one in subjection, and preserved general tranquillity +in England. + +[MN 1090. Invasion of Normandy.] +The king even thought himself enabled to disturb his brother in the +possession of Normandy. The loose and negligent administration of +that prince had emboldened the Norman barons to affect a great +independency; and their mutual quarrels and devastations had rendered +the whole territory a scene of violence and outrage. Two of them, +Walter and Odo, were bribed by William to deliver the fortresses of +St. Valori and Albemarle into his hands: others soon after imitated +the example of revolt; while Philip, King of France who ought to have +protected his vassal in the possession of his fief, was, after making +some efforts in his favour, engaged by large presents to remain +neuter. The duke had also reason to apprehend danger from the +intrigues of his brother Henry. This young prince, who had inherited +nothing of his father's great possessions, but some of his money, had +furnished Robert, while he was making his preparations against +England, with the sum of three thousand marks; and in return for so +slender a supply, had been put in possession of the Cotentin, which +comprehended near a third of the duchy of Normandy. Robert +afterwards, upon some suspicion, threw him into prison; but finding +himself exposed to invasion from the King of England, and dreading the +conjunction of the two brothers against him, he now gave Henry his +liberty, and even made use of his assistance in suppressing the +insurrections of his rebellious subjects. Conan, a rich burgess of +Rouen, had entered into a conspiracy to deliver that city to William; +but Henry, on the detection of his guilt, carried the traitor up to a +high tower, and with his own hands flung him from the battlements. + +The king appeared in Normandy at the head of an army; and affairs +seemed to have come to extremity between the brothers; when the +nobility on both sides, strongly connected by interest and alliances, +interposed and mediated an accommodation. The chief advantage of this +treaty accrued to William, who obtained possession of the territory of +Eu, the towns of Aumale, Fescamp, and other places; but in return, he +promised that he would assist his brother in subduing Maine, which had +rebelled; and that the Norman barons, attainted in Robert's cause, +should be restored to their estates in England. The two brothers also +stipulated, that on the demise of either without issue, the survivor +should inherit all his dominions; and twelve of the most powerful +barons on each side swore, that they would employ their power to +ensure the effectual execution of the whole treaty [g]: a strong proof +of the great independence and authority of the nobles in those ages! +[FN [g] Chron. Sax. p. 197. W. Malmes. p. 121. Hoveden, p. 462. M. +Paris, p. 11. Annal. Waverl. p. 137. W. Heming. p. 463. Sim. +Dunelm. p. 216. Brompton, p. 986.] + +Prince Henry, disgusted that so little care had been taken of his +interests in this accommodation, retired to St. Michael's Mount, a +strong fortress on the coast of Normandy, and infested the +neighbourhood with his incursions. Robert and William, with their +joint forces, besieged him in this place, and had nearly reduced him +by the scarcity of water; when the elder, hearing of his distress, +granted him permission to supply himself, and also sent him some pipes +of wine for his own table. Being reproved by William for this +ill-timed generosity, he replied, WHAT, SHALL I SUFFER MY BROTHER TO +DIE OF THIRST? WHERE SHALL WE FIND ANOTHER WHEN HE IS GONE? The king +also, during this siege, performed an act of generosity which was less +suitable to his character. Riding out one day alone, to take a survey +of the fortress, he was attacked by two soldiers and dismounted. One +of them drew his sword in order to despatch him; when the king +exclaimed, HOLD, KNAVE! I AM THE KING OF ENGLAND. The soldier +suspended his blow; and raising the king from the ground, with +expressions of respect, received a handsome reward, and was taken into +his service. Prince Henry was soon after obliged to capitulate; and +being despoiled of all his patrimony, wandered about for some time +with very few attendants, and often in great poverty. + +[MN 1091.] The continued intestine discord among the barons was alone +in that age destructive; the public wars were commonly short and +feeble, produced little bloodshed, and were attended with no memorable +event. To this Norman war, which was so soon concluded, there +succeeded hostilities with Scotland, which were not of longer +duration. Robert here commanded his brother's army, and obliged +Malcolm to accept of peace, and do homage to the crown of England. +This peace was not more durable. [MN 1093.] Malcolm, two years +after, levying an army, invaded England; and after ravaging +Northumberland, he laid siege to Alnwick, where a party of Earl +Moubray's troops falling upon him by surprise, a sharp action ensued, +in which Malcolm was slain. This incident interrupted for some years +the regular succession to the Scottish crown. Though Malcolm left +legitimate sons, his brother, Donald, on account of the youth of these +princes, was advanced to the throne; but kept not long possession of +it. Duncan, natural son of Malcolm, formed a conspiracy against him; +and being assisted by William with a small force, made himself master +of the kingdom. New broils ensued with Normandy. The frank, open, +remiss temper of Robert was ill fitted to withstand the interested, +rapacious character of William, who, supported by greater power, was +still encroaching on his brother's possessions, and instigating his +turbulent barons to rebellion against him. [MN 1094.] The king, +having gone over to Normandy to support his partisans, ordered an army +of twenty thousand men to be levied in England and to be conducted to +the sea-coast, as if they were instantly to be embarked. Here Ralph +Flambard, the king's minister, and the chief instrument of his +extortions, exacted ten shillings a-piece from them, in lieu of their +service, and then dismissed them into their several counties. This +money was so skilfully employed by William that it rendered him better +service than he could have expected from the army. He engaged the +French king by new presents to depart from the protection of Robert, +and he daily bribed the Norman barons to desert his service; but was +prevented from pushing his advantages by an incursion of the Welsh, +which obliged him to return to England. He found no difficulty in +repelling the enemy; but was not able to make any considerable +impression on a country guarded by its mountainous situation. [MN +1095.] A conspiracy of his own barons, which was detected at this +time, appeared a more serious concern, and engrossed all his +attention. Robert Moubray, Earl of Northumberland, was at the head +of this combination; and he engaged in it the Count d'Eu, Richard de +Tunbridge, Roger de Lacy, and many others. The purpose of the +conspirators was to dethrone the king, and to advance in his stead +Stephen, Count of Aumale, nephew to the Conqueror. William's despatch +prevented the design from taking effect, and disconcerted the +conspirators. Moubray made some resistance, but being taken prisoner, +was attainted, and thrown into confinement, where he died about thirty +years after. [MN 1096.] The Count d'Eu denied his concurrence in the +plot; and to justify himself, fought, in the presence of the court at +Windsor, a duel with Geoffrey Bainard, who accused him. But being +worsted in the combat, he was condemned to be castrated, and to have +his eyes put out. William de Alderi, another conspirator, was +supposed to be treated with more rigour, when he was sentenced to be +hanged. + +[MN The Crusades.] +But the noise of these petty wars and commotions was quite sunk in the +tumult of the crusades, which now engrossed the attention of Europe, +and have ever since engaged the curiosity of mankind, as the most +signal and most durable monument of human folly that has yet appeared +in any age or nation. After Mahomet had, by means of his pretended +revelations, united the dispersed Arabians under one head, they issued +forth from their deserts in great multitudes; and being animated with +zeal for their new religion, and supported by the vigour of their new +government, they made deep impression on the eastern empire, which was +far in the decline, with regard both to military discipline and to +civil policy. Jerusalem, by its situation, became one of their most +early conquests; and the Christians had the mortification to see the +holy sepulchre, and the other places, consecrated by the presence of +their religious founder, fallen into the possession of infidels. But +the Arabians or Saracens were so employed in military enterprises, by +which they spread their empire, in a few years, from the banks of the +Ganges to the Straits of Gibraltar, that they had no leisure for +theological controversy; and though the Alcoran, the original monument +of their faith, seems to contain some violent precepts, they were much +less infected with the spirit of bigotry and persecution than the +indolent and speculative Greeks, who were continually refining on the +several articles of their religious system. They gave little +disturbance to those zealous pilgrims who daily flocked to Jerusalem; +and they allowed every man, after paying a moderate tribute, to visit +the holy sepulchre, to perform his religious duties, and to return in +peace. But the Turcomans or Turks, a tribe of Tartars, who had +embraced Mahometanism, having wrested Syria from the Saracens, and +having, in the year 1065, made themselves masters of Jerusalem, +rendered the pilgrimage much more difficult and dangerous to the +Christians. The barbarity of their manners, and the confusions +attending their unsettled government, exposed the pilgrims to many +insults, robberies, and extortions; and these zealots, returning from +their meritorious fatigues and sufferings, filled all Christendom with +indignation against the infidels, who profaned the holy city by their +presence, and derided the sacred mysteries in the very place of their +completion. Gregory VII., among the other vast ideas which he +entertained, had formed the design of uniting all the western +Christians against the Mahometans; but the egregious and violent +invasions of that pontiff on the civil power of princes had created +him so many enemies, and had rendered his schemes so suspicious, that +he was not able to make great progress in this undertaking. The work +was reserved for a meaner instrument, whose low condition in life +exposed him to no jealousy, and whose folly was well calculated to +coincide with the prevailing principles of the times. + +Peter, commonly called the Hermit, a native of Amiens in Picardy, had +made the pilgrimage to Jerusalem. Being deeply affected with the +dangers to which that act of piety now exposed the pilgrims, as well +as with the instances of oppression under which the eastern Christians +laboured, he entertained the bold, and in all appearance +impracticable, project of leading into Asia, from the farthest +extremities of the West, armies sufficient to subdue those potent and +warlike nations which now held the holy city in subjection [h]. He +proposed his views to Martin II., who filled the papal chair, and who, +though sensible of the advantages which the head of the Christian +religion must reap from a religious war, and though he esteemed the +blind zeal of Peter a proper means for effecting the purpose [i], +resolved not to interpose his authority, till he saw a greater +probability of success. He summoned a council at Placentia, which +consisted of four thousand ecclesiastics, and thirty thousand +seculars; and which was so numerous that no hall could contain the +multitude, and it was necessary to hold the assembly in a plain. The +harangues of the pope, and of Peter himself, representing the dismal +situation of their brethren in the East, and the indignity suffered by +the Christian name, in allowing the holy city to remain in the hands +of infidels, here found the minds of men so well prepared, that the +whole multitude, suddenly and violently, declared for the war, and +solemnly devoted themselves to perform this service, so meritorious, +as they believed it, to God and religion. +[FN [h] Gul. Tyrius, lib. 1. cap. 11. M. Paris, p. 17. [i] Gul. +Tyrius, lib. 1. cap. 13.] + +But though Italy seemed thus to have zealously embraced the +enterprise, Martin knew that, in order to ensure success, it was +necessary to enlist the greater and more warlike nations in the same +engagement; and having previously exhorted Peter to visit the chief +cities and sovereigns of Christendom, he summoned another council at +Clermont in Auvergne [k]. The fame of this great and pious design +being now universally diffused, procured the attendance of the +greatest prelates, nobles, and princes; and when the pope and the +Hermit renewed their pathetic exhortations, the whole assembly, as if +impelled by an immediate inspiration, not moved by their preceding +impressions, exclaimed with one voice, IT IS THE WILL OF GOD! IT IS +THE WILL OF GOD! Words deemed so memorable, and so much the result of +a divine influence, that they were employed as the signal of +rendezvous and battle in all the future exploits of those adventurers +[l]. Men of all ranks flew to arms with the utmost ardour; and an +exterior symbol too, a circumstance of chief moment, was here chosen +by the devoted combatants. The sign of the cross, which had been +hitherto so much revered among Christians, and which, the more it was +an object of reproach among the pagan world, was the more passionately +cherished by them, became the badge of union, and was affixed to the +right shoulder, by all who enlisted themselves in this sacred warfare +[m]. +[FN [k] Concil. tom. x. Concil. Clarom. Matth. Paris, p. 16. M. +West. p. 233. [l] Historia Bell. Sacri, tom. i. Musaei Ital. [m] +Hist. Bell. Sacri, tom. i. Mus. Ital. Order. Vital. p. 721.] + +Europe was at this time sunk into profound ignorance and superstition: +the ecclesiastics had acquired the greatest ascendant over the human +mind: the people, who, being little restrained by honour, and less by +law, abandoned themselves to the worst crimes and disorders, knew of +no other expiation than the observances imposed on them by their +spiritual pastors; and it was easy to represent the holy war as an +equivalent for all penances [n], and an atonement for every violation +of justice and humanity. But, amidst the abject superstition which +now prevailed, the military spirit also had universally diffused +itself; and though not supported by art or discipline, was become the +general passion of the nations governed by the feudal law. All the +great lords possessed the right of peace and war: they were engaged in +perpetual hostilities with each other: the open country was become a +scene of outrage and disorder: the cities, still mean and poor, were +neither guarded by walls, nor protected by privileges, and were +exposed to every insult: individuals were obliged to depend for safety +on their own force, or their private alliances: and valour was the +only excellence which was held in esteem, or gave one man the +pre-eminence above another. When all the particular superstitions, +therefore, were here united in one great object, the ardour for +military enterprises took the same direction; and Europe, impelled by +its two ruling passions, was loosened, as it were, from its +foundations, and seemed to precipitate itself in one united body upon +the East. +[FN [n] Order. Vital. p. 720.] + +All orders of men, deeming the crusades the only road to Heaven, +enlisted themselves under these sacred banners, and were impatient to +open the way with their sword to the holy city. Nobles, artisans, +peasants, even priests [o], enrolled their names; and to decline this +meritorious service, was branded with the reproach of impiety, or what +perhaps was esteemed still more disgraceful, of cowardice and +pusillanimity [p]. The infirm and aged contributed to the expedition +by presents and money; and many of them, not satisfied with the merit +of this atonement, attended it in person, and were determined, if +possible, to breathe their last in sight of that city where their +Saviour had died for them. Women themselves, concealing their sex +under the disguise of armour, attended the camp; and commonly forgot +still more the duty of their sex, by prostituting themselves, without +reserve, to the army [q]. The greatest criminals were forward in a +service which they regarded as a propitiation for all crimes; and the +most enormous disorders were, during the course of those expeditions, +committed by men inured to wickedness, encouraged by example, and +impelled by necessity. The multitude of the adventurers soon became +so great, that their more sagacious leaders, Hugh, Count of +Vermandois, brother to the French king, Raymond, Count of Toulouse, +Godfrey of Bouillon, Prince of Brabant, and Stephen, Count of Blois, +became apprehensive lest the greatness itself of the armament should +disappoint its purpose; and they permitted an undisciplined multitude, +computed at three hundred thousand men, to go before them, under the +command of Peter the Hermit, and Walter the Moneyless [s]. These men +took the road towards Constantinople through Hungary and Bulgaria; and +trusting that Heaven, by supernatural assistance, would supply all +their necessities, they made no provision for subsistence on their +march. They soon found themselves obliged to obtain by plunder what +they had vainly expected from miracles; and the enraged inhabitants of +the countries through which they passed, gathering together in arms, +attacked the disorderly multitude, and put them to slaughter without +resistance. The more disciplined armies followed after; and passing +the straits at Constantinople, they were mustered in the plains of +Asia, and amounted in the whole to the number of seven hundred +thousand combatants [t]. +[FN [o] Order. Vital. p. 720. [p] W. Malm. p. 133. [q] Vertot, Hist. +de Chev. de Malte, vol. i. p. 46. [r] Sim. Dunelm. p. 222. [s] +Matth. Paris, p. 17. [t] Matth. Paris, p. 20, 21.] + +Amidst this universal frenzy, which spread itself by contagion +throughout Europe, especially in France and Germany, men were not +entirely forgetful of their present interests; and both those who went +on this expedition, and those who stayed behind, entertained schemes +of gratifying, by its means, their avarice or their ambition. The +nobles who enlisted themselves were moved, from the romantic spirit of +the age, to hope for opulent establishments in the East, the chief +seat of arts and commerce during those ages; and in pursuit of these +chimerical projects, they sold at the lowest price their ancient +castles and inheritances, which had now lost all value in their eyes. +The greater princes, who remained at home, besides establishing peace +in their dominions by giving occupation abroad to the inquietude and +martial disposition of their subjects, took the opportunity of +annexing to their crown many considerable fiefs, either by purchase, +or by the extinction of heirs. The pope frequently turned the zeal of +the crusaders from the infidels against his own enemies, whom he +represented as equally criminal with the enemies of Christ. The +convents and other religious societies bought the possessions of the +adventurers, and as the contributions of the faithful were commonly +intrusted to their management, they often diverted to this purpose +what was intended to be employed against the infidels [u]. But no one +was a more immediate gainer by this epidemic fury than the King of +England, who kept aloof from all connexions with those fanatical and +romantic warriors. +[FN [u] Padre Paolo Hist. delle benef. ecclesiast. p. 128.] + +[MN Acquisition of Normandy.] +Robert, Duke of Normandy, impelled by the bravery and mistaken +generosity of his spirit, had early enlisted himself in the crusade; +but being always unprovided with money, he found that it would be +impracticable for him to appear in a manner suitable to his rank and +station, at the head of his numerous vassals and subjects, who, +transported with the general rage, were determined to follow him into +Asia. He resolved, therefore, to mortgage, or rather to sell his +dominion; which he had not talents to govern; and he offered them to +his brother William for the very unequal sum of ten thousand marks +[w]. The bargain was soon concluded: the king raised the money by +violent extortions on his subjects of all ranks, even on the convents, +who were obliged to melt their plate in order to furnish the quota +demanded of them [x]: he was put in possession of Normandy and Maine, +and Robert, providing himself with a magnificent train, set out for +the Holy Land, in pursuit of glory, and in full confidence of securing +his eternal salvation. +[FN [w] W. Malm. p. 123. Chron. T. Wykes. p. 24. Annal. Waverl. p. +139. W. Heming. p. 467. Flor. Wig. p. 648. Sim. Dunelm. p. 222. +Knyghton, p. 2564. [x] Eadmer, p. 35. W. Malm. p. 123. W. Heming. +p. 467.] + +The smallness of this sum, with the difficulties which William found +in raising it, suffices alone to refute the account which is +heedlessly adopted by historians, of the enormous revenue of the +Conqueror. Is it credible that Robert would consign to the rapacious +hands of his brother such considerable dominion, for a sum, which, +according to that account, made not a week's income of his father's +English revenue alone? Or that the King of England could not on +demand, without oppressing his subjects, have been able to pay him the +money? The Conqueror, it is agreed, was frugal as well as rapacious; +yet his treasure, at his death, exceeded not sixty thousand pounds, +which hardly amounted to his income for two months: another certain +refutation of that exaggerated account. + +The fury of the crusades, during this age, less infected England than +the neighbouring kingdoms; probably because the Norman conquerors, +finding their settlement in that kingdom still somewhat precarious, +durst not abandon their homes in quest of distant adventures. The +selfish interested spirit also of the king, which kept him from +kindling in the general flame, checked its progress among his +subjects: and as he is accused of open profaneness [y], and was endued +with a sharp wit [z], it is likely that he made the romantic chivalry +of the crusaders the object of his perpetual raillery. As an instance +of his irreligion, we are told, that he once accepted of sixty marks +from a Jew, whose son had been converted to Christianity, and who +engaged him by that present to assist him in bringing back the youth +to Judaism. William employed both menaces and persuasion for that +purpose; but finding the convert obstinate in his new faith, he sent +for the father and told him, that as he had not succeeded, it was not +just that he should keep the present; but as he had done his utmost, +it was but equitable that he should be paid for his pains; and he +would therefore retain only thirty marks of the money [a]. At another +time, it is said, he sent for some learned Christian theologians and +some rabbies, and bade them fairly dispute the question of their +religion in his presence: he was perfectly indifferent between them; +had his ears open to reason and conviction; and would embrace that +doctrine which upon comparison should be found supported by the most +solid arguments [b]. If this story be true, it is probable that he +meant only to amuse himself by turning both into ridicule: but we must +be cautious of admitting every thing related by the monkish historians +to the disadvantage of this prince: he had the misfortune to be +engaged in quarrels with the ecclesiastics, particularly with Anselm, +commonly called St. Anselm, Archbishop of Canterbury; and it is no +wonder his memory should be blackened by the historians of that order. +[FN [y] G. Newbr. p. 358. W. Gemet. p. 292. [z] W. Malm. p. 122. +[a] Eadmer, p. 47. [b] W. Malm. p. 123.] + +[MN Quarrel the Anselm, the primate.] +After the death of Lanfranc, the king, for several years, retained in +his own hands the revenues of Canterbury, as he did those of many +other vacant bishoprics; but falling into a dangerous sickness, he was +seized with remorse, and the clergy represented to him, that he was in +danger of eternal perdition, if before his death he did not make +atonement for those multiplied impieties and sacrileges of which he +had been guilty [c]. He resolved therefore to supply instantly the +vacancy of Canterbury; and for that purpose he sent for Anselm, a +Piedmontese by birth, Abbot of Bec in Normandy, who was much +celebrated for his learning and piety. The abbot earnestly refused +the dignity, fell on his knees, wept, and entreated the king to change +his purpose [d]; and when he found the prince obstinate in forcing the +pastoral staff upon him, he kept his fist so fast clenched, that it +required the utmost violence of the bystanders to open it, and force +him to receive that ensign of spiritual dignity [e]. William soon +after recovered; and his passions regaining their wonted vigour, he +returned to his former violence and rapine. He detained in prison +several persons whom he had ordered to be freed during the time of his +penitence; he still preyed upon the ecclesiastical benefices; the sale +of spiritual dignities continued as open as ever; and he kept +possession of a considerable part of the revenues belonging to the see +of Canterbury [f]. But he found in Anselm that persevering opposition +which he had reason to expect from the ostentatious humility which +that prelate had displayed in refusing his promotion. +[FN [c] Eadmer, p. 16. Chron. Sax. p. 198. [d] Eadmer, p. 17. +Diceto, p. 494. [e] Eadmer, p. 18. [f] Eadmer, p. 19, 43. Chron. +Sax. p. 119.] + +The opposition made by Anselm was the more dangerous on account of the +character of piety which he soon acquired in England by his great zeal +against all abuses, particularly those in dress and ornament. There +was a mode, which, in that age, prevailed throughout Europe, both +among men and women, to give an enormous length to their shoes, to +draw the toe to a sharp point, and to affix to it the figure of a +bird's bill, or some such ornament, which was turned upwards, and +which was often sustained by gold or silver chains tied to the knee +[g]. The ecclesiastics took exception at this ornament, which they +said was an attempt to belie the scripture, where it is affirmed, that +no man can add a cubit to his stature; and they declaimed against it +with great vehemence, nay, assembled some synods, who absolutely +condemned it. But, such are the strange contradictions in human +nature! though the clergy, at that time, could overturn thrones, and +had authority sufficient to send above a million of men on THEIR +errand to the deserts of Asia, they could never prevail against these +long pointed shoes: on the contrary, that caprice, contrary to all +other modes, maintained its ground during several centuries; and if +the clergy had not at last desisted from their persecution of it, it +might still have been the prevailing fashion in Europe. +[FN [g] Order. Vital. p. 682. W. Malmes. p. 123. Knyghton, p. 2369.] + +But Anselm was more fortunate in decrying the particular mode which +was the object of his aversion, and which probably had not taken such +fast hold of the affections of the people. He preached zealously +against the long hair and curled locks which were then fashionable +among the courtiers; he refused the ashes on Ash-Wednesday to those +who were so accoutred; and his authority and eloquence had such +influence, that the young men universally abandoned that ornament, and +appeared in the cropped hair, which was recommended to them by the +sermons of the primate. The noted historian of Anselm, who was also +his companion and secretary, celebrates highly this effort of his zeal +and piety [h]. +[FN [h] Eadmer, p. 23.] + +When William's profaneness therefore returned to him with his health, +he was soon engaged in controversies with this austere prelate. There +was at that time a schism in the church between Urban and Clement, who +both pretended to the papacy [i]; and Anselm, who, as Abbot of Bec, +had already acknowledged the former, was determined, without the +king's consent, to introduce his authority into England [k]. William, +who, imitating his father's example, had prohibited his subjects from +recognizing any pope whom he had not previously received, was enraged +at this attempt; and summoned a synod at Rockingham, with an intention +of deposing Anselm: but the prelate's suffragans declared, that +without the papal authority, they knew of no expedient for inflicting +that punishment on their primate [l]. The king was at last engaged by +other motives to give the preference to Urban's title: Anselm received +the pall from that pontiff; and matters seemed to be accommodated +between the king and the primate [m], when the quarrel broke out +afresh from a new cause. William had undertaken an expedition against +Wales, and required the archbishop to furnish his quota of soldiers +for that service; but Anselm, who regarded the demand as an oppression +on the church, and yet durst not refuse compliance, sent them so +miserably accoutred, that the king was extremely displeased, and +threatened him with a prosecution [n]. Anselm, on the other hand, +demanded positively that all the revenues of his see should be +restored to him; appealed to Rome against the king's injustice [o]; +and affairs came to such extremities, that the primate, finding it +dangerous to remain in the kingdom, desired and obtained the king's +permission to retire beyond sea. All his temporalities were seized +[p]; but he was received with great respect by Urban, who considered +him as a martyr in the cause of religion, and even menaced the king on +account of his proceedings against the primate and the church, with +the sentence of excommunication. Anselm assisted at the council of +Bari, where, besides fixing the controversy between the Greek and +Latin churches, concerning the procession of the Holy Ghost [q], the +right of election to church preferments was declared to belong to the +clergy alone, and spiritual censures were denounced against all +ecclesiastics, who did homage to laymen for their sees or benefices, +and against all laymen who exacted it [r]. The right of homage, by +the feudal customs, was, that the vassal should throw himself on his +knees, should put his joined hands between those of his superior, and +should in that posture swear fealty to him [s]. But the council +declared it execrable, that pure hands, which could create God, and +could offer him up as a sacrifice for the salvation of mankind, should +be put, after this humiliating manner, between profane hands, which, +besides being inured to rapine and bloodshed, were employed day and +night in impure purposes, and obscene contacts [t]. Such were the +reasonings prevalent in that age; reasonings which, though they cannot +be passed over in silence, without omitting the most curious, and +perhaps not the least instructive part of history, can scarcely be +delivered with the requisite decency and gravity. +[FN [i] Hoveden, p. 463. [k] Eadmer, p. 25. M. Paris, p. 13. +Diceto, p. 494. Spellm. Conc. vol ii. p. 16. [l] Eadmer, p. 30. [m] +Diceto, p. 495. [n] Eadmer, p. 37, 43. [o] Ibid. p. 40. [p] M. +Paris, p. 13. Parker, p. 178. [q] Eadmer, p. 49. M. Paris, p. 13. +Sim. Dun. p. 224. [r] M. Paris, p. 14. [s] Spellman, Du Cange, in +verb. HOMINIUM. [t] W. Heming. p. 467. Flor. Wigorn. p. 649. Sim. +Dunelm. p. 224. Brompton, p. 994.] + +[MN 1097.] The cession of Normandy and Maine by Duke Robert increased +the king's territories; but brought him no great increase of power, +because of the unsettled state of those countries, the mutinous +disposition of the barons, and the vicinity of the French king, who +supported them in all their insurrections. Even Helie, Lord of La +Fleche, a small town in Anjou, was able to give him inquietude; and +this great monarch was obliged to make several expeditions abroad, +without being able to prevail over so petty a baron, who had acquired +the confidence and affections of the inhabitants of Maine. He was, +however, so fortunate as at last to take him prisoner in a rencounter; +but having released him at the intercession of the French king and the +Count of Anjou, he found the province of Maine still exposed to his +intrigues and incursions. Helie, being introduced by the citizens +into the town of Mans, besieged the garrison in the citadel: [MN +1099.] William, who was hunting in the new forest when he received +intelligence of this hostile attempt, was so provoked, that he +immediately turned his horse, and galloped to the sea-shore at +Dartmouth; declaring, that he would not stop a moment till he had +taken vengeance for the offence. He found the weather so cloudy and +tempestuous, that the mariners thought it dangerous to put to sea: but +the king hurried on board, and ordered them to set sail instantly; +telling them, that they never yet heard of a king that was drowned +[u]. By this vigour and celerity, he delivered the citadel of Mans +from its present danger: and pursuing Helie into his own territories, +he laid siege to Majol, a small castle in those parts: [MN 1100.] but +a wound, which he received before this place, obliged him to raise the +siege; and he returned to England. +[FN [u] W. Malm. p. 124. H. Hunt. p. 378. M. Paris, p. 36. Ypod. +Neust p. 442.] + +The weakness of the greatest monarchs, during this age, in their +military expeditions against their nearest neighbours, appears the +more surprising, when we consider the prodigious numbers which even +petty princes, seconding the enthusiastic rage of the people, were +able to assemble, and to conduct in dangerous enterprises to the +remote provinces of Asia. William, Earl of Poitiers and Duke of +Guienne, inflamed with the glory, and not discouraged by the +misfortunes, which had attended the former adventurers in the +crusades, had put himself at the head of an immense multitude, +computed by some historians to amount to sixty thousand horse, and a +much greater number of foot [w], and he purposed to lead them into the +Holy Land against the infidels. He wanted money to forward the +preparations requisite for this expedition, and he offered to mortgage +all his dominions to William, without entertaining any scruple on +account of that rapacious and iniquitous hand to which he resolved to +consign them [x]. The king accepted the offer, and had prepared a +fleet and an army, in order to escort the money, and take possession +of the rich provinces of Guienne and Poictou; [MN 2d August.] when an +accident put an end to his life, and to all his ambitious projects. +He was engaged in hunting, the sole amusement, and indeed the chief +occupation of princes in those rude times, when society was little +cultivated, and the arts afforded few objects worthy of attention. +Walter Tyrrel, a French gentleman, remarkable for his address in +archery, attended him in this recreation, of which the new forest was +the scene; and as William had dismounted after a chase, Tyrrel, +impatient to show his dexterity, let fly an arrow at a stag, which +suddenly started before him. The arrow, glancing from a tree, struck +the king in the breast, and instantly slew him [y]; while Tyrrel, +without informing any one of the accident, put spurs to his horse, +hastened to the sea-shore, embarked for France, and joined the crusade +in an expedition to Jerusalem; a penance which he imposed on himself +for this involuntary crime. The body of William was found in the +forest by the country people, and was buried without any pomp or +ceremony at Winchester. His courtiers were negligent in performing +the last duties to a master who was so little beloved; and every one +was too much occupied in the interesting object of fixing his +successor, to attend the funeral of a dead sovereign. +[FN [w] W. Malm. p. 149. The whole is said by Order. Vital., p. 789, +to amount to three hundred thousand men. [x] W. Malmes. p. 127. [y] +Ibid. p. 126. H. Hunt. p. 378. M. Paris, p. 37. Petr. Blois, p. +110.] + +[MN Death and character of William Rufus.] +The memory of this monarch is transmitted to us with little advantage +by the churchmen, whom he had offended; and though we may suspect, in +general, that their account of his vices is somewhat exaggerated, his +conduct affords little reason for contradicting the character which +they have assigned him, or for attributing to him any very estimable +qualities. He seems to have been a violent and tyrannical prince; a +perfidious, encroaching, and dangerous neighbour; an unkind and +ungenerous relation. He was equally prodigal and rapacious in the +management of his treasury; and if he possessed abilities, he lay so +much under the government of impetuous passions, that he made little +use of them in his administration; and he indulged, without reserve, +that domineering policy, which suited his temper, and which, if +supported, as it was in him, with courage and vigour, proves often +more successful in disorderly times, than the deepest foresight and +most refined artifice. + +The monuments which remain of this prince in England, are the Tower, +Westminster-hall, and London-bridge, which he built. The most +laudable foreign enterprise which he undertook, was the sending of +Edgar Atheling, three years before his death, into Scotland with a +small army, to restore Prince Edgar, the true heir of that kingdom, +son of Malcolm, and of Margaret, sister of Edgar Atheling; and the +enterprise proved successful. It was remarked in that age, that +Richard, an elder brother of William's, perished by an accident in the +new forest; Richard, his nephew, natural son of Duke Robert, lost his +life in the same place, after the same manner; and all men, upon the +king's fate, exclaimed, that, as the Conqueror had been guilty of +extreme violence, in expelling all the inhabitants of that large +district to make room for his game, the just vengeance of Heaven was +signalized, in the same place, by the slaughter of his posterity. +William was killed in the thirteenth year of his reign, and about the +fortieth of his age. As he was never married, he left no legitimate +issue. + +In the eleventh year of this reign, Magnus, King of Norway, made a +descent on the Isle of Anglesea, but was repulsed by Hugh, Earl of +Shrewsbury. This is the last attempt made by the northern nations +upon England. That restless people seem about this time to have +learnt the practice of tillage, which thenceforth kept them at home, +and freed the other nations of Europe from the devastations spread +over them by those piratical invaders. This proved one great cause of +the subsequent settlement and improvement of the southern nations. + + + + +CHAPTER VI. + +HENRY I. + +THE CRUSADES.--ACCESSION OF HENRY.--MARRIAGE OF THE KING.--INVASION BY +DUKE ROBERT.--ACCOMMODATION WITH ROBERT.--ATTACK OF NORMANDY.--CONQUEST +OF NORMANDY.--CONTINUATION OF THE QUARREL WITH ANSELM, THE PRIMATE.-- +COMPROMISE WITH HIM.--WARS ABROAD.--DEATH OF PRINCE WILLIAM.--KING'S +SECOND MARRIAGE.--DEATH AND CHARACTER OF HENRY + + + +[MN 1100. The Crusades.] +After the adventurers in the holy war were assembled on the banks of +the Bosphorus, opposite to Constantinople, they proceeded on their +enterprise; but immediately experienced those difficulties which their +zeal had hitherto concealed from them, and for which, even if they had +foreseen them, it would have been almost impossible to provide a +remedy. The Greek emperor, Alexius Comnenus, who had applied to the +western Christians for succour against the Turks, entertained hopes, +and those but feeble ones, of obtaining such a moderate supply, as, +acting under his command, might enable him to repulse the enemy: but +he was extremely astonished to see his dominions overwhelmed, on a +sudden, by such an inundation of licentious barbarians, who, though +they pretended friendship, despised his subjects as unwarlike, and +detested them as heretical. By all the arts of policy, in which he +excelled, he endeavoured to divert the torrent; but while he employed +professions, caresses, civilities, and seeming services towards the +leaders of the crusade, he secretly regarded those imperious allies as +more dangerous than the open enemies by whom his empire had been +formerly invaded. Having effected that difficult point of +disembarking them safely in Asia, he entered into a private +correspondence with Soliman, Emperor of the Turks; and practised every +insidious art, which his genius, his power, or his situation enabled +him to employ, for disappointing the enterprise, and discouraging the +Latins from making thenceforward any such prodigious migrations. His +dangerous policy was seconded by the disorders inseparable from so +vast a multitude, who were not united under one head, and were +conducted by leaders of the most independent, intractable spirit, +unacquainted with military discipline, and determined enemies to civil +authority and submission. The scarcity of provisions, the excess of +fatigue, the influence of unknown climates, joined to the want of +concert in their operations, and to the sword of a warlike enemy, +destroyed the adventurers by thousands, and would have abated the +ardour of men impelled to war by less powerful motives. Their zeal, +however, their bravery, and their irresistible force, still carried +them forward, and continually advanced them to the great end of their +enterprise. After an obstinate siege they took Nice, the seat of the +Turkish empire; they defeated Soliman in two great battles; they made +themselves masters of Antioch; and entirely broke the force of the +Turks, who had so long retained those countries in subjection: the +Soldan of Egypt, whose alliance they had hitherto courted, recovered, +on the fall of the Turkish power, his former authority in Jerusalem; +and he informed them by his ambassadors, that if they came disarmed to +that city, they might now perform their religious vows, and that all +Christian pilgrims, who should thenceforth visit the holy sepulchre, +might expect the same good treatment which they had ever received from +his predecessors. The offer was rejected; the soldan was required to +yield up the city to the Christians; and on his refusal, the champions +of the Cross advanced to the siege of Jerusalem, which they regarded +as the consummation of their labours. By the detachments which they +had made, and the disasters which they had undergone, they were +diminished to the number of twenty thousand foot and fifteen hundred +horse; but these were still formidable, from their valour, their +experience, and the obedience which, from past calamities, they had +learned to pay to their leaders. After a siege of five weeks, they +took Jerusalem by assault; and, impelled by a mixture of military and +religious rage, they put the numerous garrison and inhabitants to the +sword without distinction. Neither arms defended the valiant, nor +submission the timorous: no age or sex was spared: infants on the +breast were pierced by the same blow with their mothers, who implored +for mercy: even a multitude, to the number of ten thousand persons, +who had surrendered themselves prisoners, and were promised quarter, +were butchered in cool blood by those ferocious conquerors [a]. The +streets of Jerusalem were covered with dead bodies [b]; and the +triumphant warriors, after every enemy was subdued and slaughtered, +immediately turned themselves, with the sentiments of humiliation and +contrition, towards the holy sepulchre. They threw aside their arms, +still streaming with blood: they advanced with reclined bodies, and +naked feet and heads, to the sacred monument: they sung anthems to +their Saviour who had there purchased their salvation by his death and +agony: and their devotion, enlivened by the presence of the place +where he had suffered, so overcame their fury, that they dissolved in +tears, and bore the appearance of every soft and tender sentiment. So +inconsistent is human nature with itself! and so easily does the most +effeminate superstition ally, both with the most heroic courage and +with the fiercest barbarity! +[FN [a] Vertot, vol. i. p. 57. [b] M. Paris, p. 34. Order. Vital. p. +756. Diceto, p. 498.] + +This great event happened on the 5th of July, in the last year of the +eleventh century. The Christian princes and nobles, after choosing +Godfrey of Bouillon King of Jerusalem, began to settle themselves in +their new conquests; while some of them returned to Europe, in order +to enjoy at home that glory which their valour had acquired them in +this popular and meritorious enterprise. Among these was Robert, Duke +of Normandy, who, as he had relinquished the greatest dominions of any +prince that attended the crusade, had all along distinguished himself +by the most intrepid courage, as well as by that affable disposition +and unbounded generosity which gain the hearts of soldiers, and +qualify a prince to shine in a military life. In passing through +Italy, he became acquainted with Sibylla, daughter of the Count of +Conversana, a young lady of great beauty and merit, whom he espoused: +indulging himself in this new passion, as well as fond of enjoying +ease and pleasure after the fatigues of so many rough campaigns, he +lingered a twelvemonth in that delicious climate; and though his +friends in the north looked every moment for his arrival, none of them +knew when they could with certainty expect it. By this delay he lost +the kingdom of England, which the great fame he had acquired during +the crusades, as well as his undoubted title, both by birth, and by +the preceding agreement with his deceased brother, would, had he been +present, have infallibly secured to him. + +[MN Accession of Henry.] +Prince Henry was hunting with Rufus in the new forest, when +intelligence of that monarch's death was brought him; and being +sensible of the advantage attending the conjuncture, he hurried to +Winchester, in order to secure the royal treasure, which he knew to be +a necessary implement for facilitating his designs on the crown. He +had scarcely reached the place when William of Breteuil, keeper of the +treasure, arrived, and opposed himself to Henry's pretensions. This +nobleman, who had been engaged in the same party of hunting, had no +sooner heard of his master's death, than he hastened to take care of +his charge; and he told the prince that this treasure, as well as the +crown, belonged to his elder brother, who was now his sovereign; and +that he himself, for his part, was determined, in spite of all other +pretensions, to maintain his allegiance to him. But Henry, drawing +his sword, threatened him with instant death if he dared to disobey +him; and as others of the late king's retinue, who came every moment +to Winchester, joined the prince's party, Breteuil was obliged to +withdraw his opposition, and to acquiesce in this insolence [c]. +[FN [c] Order. Vital. p. 782.] + +Henry, without losing a moment, hastened with the money to London; and +having assembled some noblemen and prelates, whom his address, or +abilities, or presents, gained to his side, he was suddenly elected, +or rather saluted, king, and immediately proceeded to the exercise of +royal authority. In less than three days after his brother's death, +the ceremony of his coronation was performed by Maurice, Bishop of +London, who was persuaded to officiate on that occasion [d]; and thus +by his courage and celerity, he intruded himself into the vacant +throne. No one had sufficient spirit or sense of duty to appear in +defence of the absent prince: all men were seduced or intimidated: +present possession supplied the apparent defects in Henry's title, +which was indeed founded on plain usurpation: and the barons, as well +as the people, acquiesced in a claim which, though it could neither be +justified nor comprehended, could now, they found, be opposed through +the perils alone of civil war and rebellion. +[FN [d] Chron. Sax. p. 208. Order. Vital. p. 783.] + +But as Henry foresaw that a crown, usurped against all rules of +justice, would sit unsteady on his head, he resolved, by fair +professions at least, to gain the affections of all his subjects. +Besides taking the usual coronation oath to maintain the laws and +execute justice, he passed a charter, which was calculated to remedy +many of the grievous oppressions which had been complained of during +the reigns of his father and brother [e]. He there promised, that, at +the death of any bishop or abbot, he never would seize the revenues of +the see or abbey during the vacancy, but would leave the whole to be +reaped by the successor; and that he would never let to farm any +ecclesiastical benefice, nor dispose of it for money. After this +concession to the church, whose favour was of so great importance, he +proceeded to enumerate the civil grievances which he purposed to +redress. He promised, that, upon the death of any earl, baron, or +military tenant, his heir should be admitted to the possession of his +estate, on paying a just and lawful relief; without being exposed to +such violent exactions as had been usual during the late reigns: he +remitted the wardship of minors, and allowed guardians to be +appointed, who should be answerable for the trust: he promised not to +dispose of any heiress in marriage but by the advice of all the +barons; and if any baron intended to give his daughter, sister, niece, +or kinswoman in marriage, it should only be necessary for him to +consult the king, who promised to take no money for his consent, nor +ever to refuse permission, unless the person to whom it was purposed +to many her should happen to be his enemy: he granted his barons and +military tenants the power of bequeathing, by will, their money or +personal estates; and if they neglected to make a will, he promised +that their heirs should succeed to them: he renounced the right of +imposing money-age, and of levying taxes at pleasure on the farms +which the barons retained in their own hands [f]: he made some general +professions of moderating fines: he offered a pardon for all offences; +and he remitted all debts due to the crown: he required that the +vassals of the barons should enjoy the same privileges which he +granted to his own barons: and he promised a general confirmation and +observance of the laws of King Edward. This is the substance of the +chief articles contained in that famous charter [g]. +[FN [e] Chron. Sax. p. 208. Sim. Dunelm. p. 225. [f] See Appendix +II. [g] M. Paris, p. 38. Hoveden, p. 468. Brompton, p. 1021. +Hagulstadt, p. 310.] + +To give greater authenticity to these concessions, Henry lodged a copy +of his charter in some abbey of each county, as if desirous that it +should be exposed to the view of all his subjects, and remain a +perpetual rule for the limitation and direction of his government: yet +it is certain, that, after the present purpose was served, he never +once thought, during his reign, of observing one single article of it; +and the whole fell so much into neglect and oblivion, that in the +following century, when the barons, who had heard an obscure tradition +of it, desired to make it the model of the great charter which they +exacted from King John, they could with difficulty find a copy of it +in the kingdom. But as to the grievances here meant to be redressed, +they were still continued in their full extent; and the royal +authority, in all those particulars, lay under no manner of +restriction. Reliefs of heirs, so capital an article, were never +effectually fixed till the time of Magna Charta [h]; and it is evident +that the general promise here given, of accepting a just and lawful +relief, ought to have been reduced to more precision, in order to give +security to the subject. The oppression of wardship and marriage was +perpetuated even till the reign of Charles II. And it appears from +Glanville [i], the famous justiciary of Henry II., that in his time, +where any man died intestate, an accident which must have been very +frequent when the art of writing was so little known, the king, or the +lord of the fief, pretended to seize all the movables, and to exclude +every heir, even the children of the deceased: a sure mark of a +tyrannical and arbitrary government. +[FN [h] Glanv. lib. 2. cap. 36. What is called a relief in the +Conqueror's laws, preserved by Ingulph, seems to have been the heriot; +since reliefs, as well as the other burdens of the feudal law, were +unknown in the age of the Confessor, whose laws these originally were. +[i] Lib. 7. cap. 16. This practice was contrary to the laws of King +Edward ratified by the Conqueror, as we learn from Ingulph, p. 91. +But laws had at this time very little influence: power and violence +governed every thing.] + +The Normans, indeed, who domineered in England, were, during this age, +so licentious a people, that they may be pronounced incapable of any +true or regular liberty; which requires such improvement in knowledge +and morals as can only be the result of reflection and experience, and +must grow to perfection during several ages of settled and established +government. A people so insensible to the rights of their sovereign +as to disjoint, without necessity, the hereditary succession, and +permit a younger brother to intrude himself into the place of the +elder, whom they esteemed, and who was guilty of no crime, but being +absent, could not expect that that prince would pay any greater regard +to their privileges, or allow his engagements to fetter his power and +debar him from any considerable interest or convenience. They had, +indeed, arms in their hands, which prevented the establishment of a +total despotism, and left their posterity sufficient power, whenever +they should attain a sufficient degree of reason, to assure true +liberty: but their turbulent disposition frequently prompted them to +make such use of their arms, that they were more fitted to obstruct +the execution of justice, than to stop the career of violence and +oppresion. The prince, finding that greater opposition was often made +to him when he enforced the laws than when he violated them, was apt +to render his own will and pleasure the sole rule of government; and, +at every emergence, to consider more the power of the persons whom he +might offend, than the rights of those whom he might injure. The very +form of this charter of Henry proves that the Norman barons (for they, +rather than the people of England, were chiefly concerned in it) were +totally ignorant of the nature of united monarchy, and were ill +qualified to conduct, in conjunction with their sovereign, the machine +of government. It is an act of his sole power, is the result of his +free grace, contains some articles which bind others as well as +himself, and is therefore unfit to be the deed of any one who +possesses not the whole legislative power, and who may not at pleasure +revoke all his concessions. + +Henry, farther to increase his popularity, degraded and committed to +prison Ralph Flambard, Bishop of Durham, who had been the chief +instrument of oppresion under his brother [k]: but this act was +followed by another, which was a direct violation of his own charter, +and was a bad prognostic of his sincere intentions to observe it: he +kept the see of Durham vacant for five years, and during that time +retained possession of all its revenues. Sensible of the great +authority which Anselm had acquired by his character of piety, and by +the persecutions which he had undergone from William, he sent repeated +messages to him at Lyons, where he resided, and invited him to return +and take possession of his dignities [l]. On the arrival of the +prelate, he proposed to him the renewal of that homage which he had +done his brother, and which he had never been refused by any English +bishop: but Anslem had acquired other sentiments by his journey to +Rome, and gave the king an absolute refusal. He objected to the +decrees of the council of Bari, at which he himself had assisted; and +he declared, that so far from doing homage for his spiritual dignity, +he would not so much as communicate with any ecclesiastic who paid +that submission, or who accepted of investitures from laymen. Henry; +who expected, in his present delicate situation, to reap great +advantages from the authority and popularity of Anselm, durst not +insist on his demand [m]: he only desired that the controversy might +be suspended: and that messengers might be sent to Rome, in order to +accommodate matters with the pope, and obtain his confirmation of the +laws and customs of England. +[FN [k] Chron. Sax. p. 208. W. Malm. p. 156. Matth. Paris, p. 39. +Alur. Beverl. p. 144. [l] Chron. Sax. p. 208. Order. Vital. p. 783. +Matth. Paris, p. 39. T. Rudborne, p. 273. [m] W. Malm. p. 225.] + +[MN 1100. Marriage of the king.] +There immediately occurred an important affair, in which the king was +obliged to have recourse to the authority of Anselm. Matilda, +daughter of Malcolm III., King of Scotland, and niece to Edgar +Atheling, had, on her father's death, and the subsequent revolutions +in the Scottish government, been brought to England, and educated +under her aunt Christina, in the nunnery of Rumsey. This princess +Henry purposed to marry; but as she had worn the veil, though never +taken the vows, doubts might arise concerning the lawfulness of the +act; and it behoved him to be very careful not to shock, in any +particular, the religious prejudices of his subjects. The affair was +examined by Anselm in a council of the prelates and nobles, which was +summoned at Lambeth; Matilda there proved that she had put on the +veil, not with the view of entering into a religious life, but merely +in consequence of a custom familiar to the English ladies, who +protected their chastity from the brutal violence of the Normans by +taking shelter under that habit [n], which, amidst the horrible +licentiousness of the times, was yet generally revered. The council, +sensible that even a princess had otherwise no security for her +honour, admitted this reason as valid; they pronounced that Matilda +was still free to marry [o] and her espousals with Henry were +celebrated by Anselm with great pomp and solemnity [p]. No act of the +king's reign rendered him equally popular with his English subjects, +and tended more to establish him on the throne. Though Matilda, +during the life of her uncle and brothers, was not heir of the Saxon +line, she was become very dear to the English on account of her +connexions with it: and that people, who, before the Conquest, had +fallen into a kind of indifference towards their ancient royal family, +had felt so severely the tyranny of the Normans, that they reflected +with extreme regret on their former liberty, and hoped for more equal +and mild administration, when the blood of their native princes should +be mingled with that of their new sovereigns [q]. +[FN [n] Eadmer, p. 57. [o] Ibid. [p] Hoveden, p. 468. [q] M. Paris, +p. 40.] + +[MN 1100. Invasion by Duke Robert.] +But the policy and prudence of Henry, which, if time had been allowed +for these virtues to produce their full effect, would have secured him +possession of the crown, ran great hazard of being frustrated by the +sudden appearance of Robert, who returned to Normandy about a month +after the death of his brother William. [MN 1101.] He took +possession, without opposition, of that duchy; and immediately made +preparations for recovering England, of which, during his absence, he +had, by Henry's intrigues, been so unjustly defrauded. The great fame +which he had acquired in the East forwarded his pretensions; and the +Norman barons, sensible of the consequences, expressed the same +discontent at the separation of the duchy and kingdom, which had +appeared on the accession of William. Robert de Belesme, Earl of +Shrewsbury and Arundel, William de la Warenne, Earl of Surrey, Arnulf +de Montgomery, Walter Giffard, Robert de Pontefract, Robert de Mallet, +Yvo de Grentmesnil, and many others of the principal nobility [r], +invited Robert to make an attempt upon England, and promised, on his +landing, to join him with all their forces. Even the seamen were +affected with the general popularity of his name, and they carried +over to him the greater part of a fleet which had been equipped to +oppose his passage. Henry, in this extremity, began to be +apprehensive for his life, as well as for his crown, and had recourse +to the superstition of the people, in order to oppose their sentiment +of justice. He paid diligent court to Anselm, whose sanctity and +wisdom he pretended to revere. He consulted him in all difficult +emergencies; seemed to be governed by him in every measure; promised a +strict regard to ecclesiastical privileges; professed a great +attachment to Rome, and a resolution of persevering in an implicit +obedience to the decrees of councils, and to the will of the sovereign +pontiff. By these caresses and declarations, he entirely gained the +confidence of the primate, whose influence over the people, and +authority with the barons, were of the utmost service to him in his +present situation. Anselm scrupled not to assure the nobles of the +king's sincerity in those professions which he made of avoiding the +tyrannical and oppressive government of his father and brother: he +even rode through the ranks of the army, recommended to the soldiers +the defence of their prince, represented the duty of keeping their +oaths of allegiance, and prognosticated to them the greatest happiness +from the government of so wise and just a sovereign. By this +expedient, joined to the influence of the Earls of Warwick and +Mellent, of Roger Bigod, Richard de Redvers, and Robert Fitz-Hamon, +powerful barons, who still adhered to the present government, the army +was retained in the king's interest, and marched, with seeming union +and firmness, to oppose Robert, who had landed with his forces at +Portsmouth. +[FN [r] Order. Vital. p. 785.] + +[MN Accommodation with Robert.] +The two armies lay in sight of each other for some days without coming +to action; and both princes, being apprehensive of the event, which +would probably be decisive, hearkened the more willingly to the +counsels of Anselm and the other great men, who mediated an +accommodation between them. After employing some negotiation, it was +agreed that Robert should resign his pretensions to England, and +receive in lieu of them an annual pension of three thousand marks; +that, if either of the princes died without issue, the other should +succeed to his dominions; that the adherents of each should be +pardoned and restored to all their possessions either in Normandy or +England; and that neither Robert nor Henry should thenceforth +encourage, receive, or protect the enemies of the other [s]. +[FN [s] Chron. Sax. p. 209. W. Malmes. p. 156.] + +[MN 1102.] This treaty, though calculated so much for Henry's +advantage, he was the first to violate. He restored, indeed, the +estates of all Robert's adherents; but was secretly determined, that +noblemen so powerful and so ill-affected, who had both inclination and +ability to disturb his government, should not long remain unmolested +in their present opulence and grandeur. He began with the Earl of +Shrewsbury, who was watched for some time by spies, and then indicted +on a charge, consisting of forty-five articles. This turbulent +nobleman, knowing his own guilt, as well as the prejudices of his +judges and the power of his prosecutor, had recourse to arms for +defence; but, being soon suppressed by the activity and address of +Henry, he was banished the kingdom, and his great estate was +confiscated. His ruin involved that of his two brothers, Arnulf de +Montgomery, and Roger Earl of Lancaster. Soon after followed the +prosecution and condemnation of Robert de Pontefract, and Robert de +Mallet, who had distinguished themselves among Robert's adherents. +[MN 1103.] William de Warenne was the next victim: even William Earl +of Cornwall, son of the Earl of Mortaigne, the king's uncle, having +given matter of suspicion against him, lost all the vast acquisitions +of his family in England. Though the usual violence and tyranny of +the Norman barons afforded a plausible pretence for those +prosecutions, and it is probable that none of the sentences pronounced +against these noblemen was wholly iniquitous, men easily saw or +conjectured, that the chief part of their guilt was not the injustice +or illegality of their conduct. Robert, enraged at the fate of his +friends, imprudently ventured to come into England; and he +remonstrated with his brother, in severe terms, against this breach of +treaty; but met with so bad a reception, that he began to apprehend +danger to his own liberty, and was glad to purchase an escape by +resigning his pension. + +The indiscretion of Robert soon exposed him to more fatal injuries. +This prince, whose bravery and candour procured him respect while at a +distance, had no sooner attained the possession of power and enjoyment +of peace, than all the vigour of his mind relaxed, and he fell into +contempt among those who approached his person, or were subjected to +his authority. Alternately abandoned to dissolute pleasures and to +womanish superstition, he was so remiss, both in the care of his +treasure and the exercise of his government, that his servants +pillaged his money with impunity, stole from him his very clothes, and +proceeded thence to practise every species of extortion on his +defenceless subjects. The barons, whom a severe administration alone +could have restrained, gave reins to their unbounded rapine upon their +vassals, and inveterate animosities against each other; and all +Normandy, during the reign of this benign prince, was become a scene +of violence and depredation. [MN 1103. Attack of Normandy.] The +Normans, at last, observing the regular government which Henry, +notwithstanding his usurped title, had been able to establish in +England, applied to him, that he might use his authority for the +suppression of these disorders, and they thereby afforded him a +pretence for interposing in the affairs of Normandy. Instead of +employing his mediation to render his brother's government +respectable, or to redress the grievances of the Normans, he was only +attentive to support his own partisans, and to increase their number +by every art of bribery, intrigue, and insinuation. Having found, in +a visit which he made to that duchy, that the nobility were more +disposed to pay submission to him than to their legal sovereign, he +collected, by arbitrary extortions on England, a great army and +treasure [MN 1105.], and returned next year to Normandy, in a +situation to obtain, either by violence or corruption, the dominion of +that province. He took Bayeux by storm, after an obstinate siege: he +made himself master of Caen by the voluntary submission of the +inhabitants; but, being repulsed at Falaise, and obliged by the winter +season to raise the siege, he returned into England, after giving +assurance to his adherents, that he would persevere in supporting and +protecting them. + +[MN 1106. Conquest of Normandy.] +Next year he opened the campaign with the siege of Tenchebray; and it +became evident, from his preparations and progress, that he intended +to usurp the entire possession of Normandy. Robert was at last roused +from his lethargy; and being supported by the Earl of Mortaigne and +Robert de Bellesme, the king's inveterate enemies, he raised a +considerable army, and approached his brother's camp, with a view of +finishing, in one decisive battle, the quarrel between them. He was +now entered on that scene of action in which alone he was qualified to +excel; and he so animated his troops by his example, that they threw +the English into disorder, and had nearly obtained the victory [t]; +when the flight of Bellesme spread a panic among the Normans, and +occasioned their total defeat. Henry, besides doing great execution +on the enemy, made near ten thousand prisoners, among whom was Duke +Robert himself, and all the most considerable barons who adhered to +his interests [u]. This victory was followed by the final reduction +of Normandy: Rouen immediately submitted to the conqueror: Falaise, +after some negotiation, opened its gates; and by this acquisition, +besides rendering himself master of an important fortress, he got into +his hands Prince William, the only son of Robert: he assembled the +states of Normandy; and having received the homage of all the vassals +of the duchy, having settled the government, revoked his brother's +donations, and dismantled the castles lately built, he returned into +England, and carried along with him the duke as prisoner. That +unfortunate prince was detained in custody during the remainder of his +life, which was no less than twenty-eight years, and he died in the +castle of Cardiff, in Glamorganshire, happy if, without losing his +liberty, he could have relinquished that power which he was not +qualified either to hold or exercise. Prince William was committed to +the care of Helie de St. Saen, who had married Robert's natural +daughter, and who, being a man of probity and honour beyond what was +usual in those ages, executed the trust with great affection and +fidelity. Edgar Atheling, who had followed Robert in the expedition +to Jerusalem, and who had lived with him ever since in Normandy, was +another illustrious prisoner taken in the battle of Tenchebray [w]. +Henry gave him his liberty, and settled a small pension on him, with +which he retired; and he lived to a good old age in England, totally +neglected and forgotten. This prince was distinguished by personal +bravery: but nothing can be a stronger proof of his mean talents in +every other respect, than that, notwithstanding he possessed the +affections of the English, and enjoyed the only legal title to the +throne, he was allowed, during the reigns of so many violent and +jealous usurpers, to live unmolested, and go to his grave in peace. +[FN [t] H. Hunt. p. 379. M. Paris, p .43. Brompton, p. 1002. [u] +Eadmer, p. 90. Chron. Sax. p. 214. Order. Vital. p. 821. [w] Chron. +Sax. p. 214. Ann. Waverl. n. 144.] + +[MN 1107. Continuation of the quarrel with Anselm, the primate.] +A little after Henry had completed the conquest of Normandy, and +settled the government of that province, he finished a controversy, +which had been long depending between him and the pope, with regard to +the investitures in ecclesiastical benefices; and though he was here +obliged to relinquish sonic of the ancient rights of the crown, he +extricated himself from the difficulty on easier terms than most +princes who, in that age, were so unhappy as to be engaged in disputes +with the apostolic see. The king's situation, in the beginning of his +reign, obliged him to pay great court to Anselm: the advantages which +he had reaped from the zealous friendship of that prelate had made him +sensible how prone the minds of his people were to superstition, and +what an ascendant the ecclesiastics had been able to assume over them. +He had seen, on the accession of his brother Rufus, that, though the +rights of primogeniture were then violated, and the inclinations of +almost all the barons thwarted, yet the authority of Lanfranc, the +primate, had prevailed over all other considerations: his own case, +which was still more unfavourable, afforded an instance in which the +clergy had more evidently shown their influence and authority. These +recent examples, while they made him cautious not to offend that +powerful body, convinced him, at the same time, that it was extremely +his interest to retain the former prerogative of the crown in filling +offices of such vast importance, and to check the ecclesiastics in +that independence to which they visibly aspired. The choice, which +his brother, in a fit of penitence, had made of Anselm, was so far +unfortunate to the king's pretensions, that this prelate was +celebrated for his piety and zeal, and austerity of manners; and +though his monkish devotion and narrow principles prognosticated no +great knowledge of the world or depth of policy, he was, on that very +account, a more dangerous instrument in the hands of politicians, and +retained a greater ascendant over the bigoted populace. The prudence +and temper of the king appeared in nothing more conspicuous than in +the management of this delicate affair; where he was always sensible +that it had become necessary for him to risk his whole crown in order +to preserve the most invaluable jewel of it [x]. +[FN [x] Eadmer, p. 56.] + +Anselm had no sooner returned from banishment, than his refusal to do +homage to the king raised a dispute, which Henry evaded at that +critical juncture, by promising to send a messenger, in order to +compound the matter with Pascal II., who then filled the papal throne. +The messenger, as was probably foreseen, returned with an absolute +refusal of the king's demands [y]; and that fortified by many reasons, +which were well qualified to operate on the understandings of men in +those ages. Pascal quoted the Scriptures to prove that Christ was the +door; and he thence inferred, that all ecclesiastics must enter into +the church through Christ alone, not through the civil magistrate, or +any profane laymen [z]. "It is monstrous," added the pontiff, "that a +son should pretend to beget his father, or a man to create his God: +priests are called gods in Scripture, as being the vicars of God: and +will you, by your abominable pretensions to grant them their +investiture, assume the right of creating them [a]?" +[FN [y] W. Malm. p. 225. [z] Eadmer, p. 60. This topic is farther +enforced in p. 73, 74. See also W. Malm. p. 163. [a] Eadmer, p. 61. +I much suspect that this text of Scripture is a forgery of his +holiness; for I have not been able to find it. Yet it passed current +in those ages, and was often quoted by the clergy as the foundation of +their power. See St. Thom. p. 169.] + +But how convincing soever these arguments, they could not persuade +Henry to resign so important a prerogative; and perhaps, as he was +possessed of great reflection and learning, he thought that the +absurdity of a man's creating his God, even allowing priests to be +gods, was not urged with the best grace by the Roman pontiff. But as +he desired still to avoid, at least to delay, the coming to any +dangerous extremity with the church, he persuaded Anselm, that he +should be able, by farther negotiation, to obtain some composition +with Pascal; and for that purpose he despatched three bishops to Rome, +while Anselm sent two messengers of his own to be more fully assured +of the pope's intentions [b]. Pascal wrote back letters equally +positive and arrogant, both to the king and primate; urging to the +former, that, by assuming the right of investitures, he committed a +kind of spiritual adultery with the church, who was the spouse of +Christ, and who must not admit of such a commerce with any other +person [c]; and insisting with the latter, that the pretension of +kings to confer benefices was the source of all simony: a topic which +had but too much foundation in those ages [d]. +[FN [b] Eadmer, p. 62. W. Malm. p. 225. [c] Eadmer, p. 63. [d] +Eadmer, p. 64, 66.] + +Henry had now no other expedient than to suppress the letter addressed +to himself, and to persuade the three bishops to prevaricate, and +assert, upon their episcopal faith, that Pascal had assured them in +private of his good intentions towards Henry, and of his resolution +not to resent any future exertion of his prerogative in granting +investitures; though he himself scrupled to give this assurance under +his hand, lest other princes should copy the example, and assume a +like privilege [e]. Anselm's two messengers, who were monks, affirmed +to him that it was impossible this story could have any foundation: +but their word was not deemed equal to that of three bishops; and the +king, as if he had finally gained his cause, proceeded to fill the +sees of Hereford and Salisbury, and to invest the new bishops in the +usual manner [f]. But Anselm, who, as he had good reason, gave no +credit to the asseveration of the king's messengers, refused not only +to consecrate them, but even to communicate with them, and the bishops +themselves, finding how odious they were become, returned to Henry the +ensigns of their dignity. The quarrel every day increased between the +king and the primate: the former, notwithstanding the prudence and +moderation of his temper, threw out menaces against such as should +pretend to oppose him in exerting the ancient prerogatives of his +crown; and Anselm, sensible of his own dangerous situation, desired +leave to make a journey to Rome, in order to lay the case before the +sovereign pontiff. Henry, well pleased to rid himself, without +violence, of so inflexible an antagonist, readily granted him +permission. The prelate was attended to the shore by infinite +multitudes, not only of monks and clergymen, but people of all ranks, +who scrupled not in this manner to declare for their primate against +their sovereign, and who regarded his departure as the final abolition +of religion and true piety in the kingdom [g]. The king, however, +seized all the revenues of his see; and sent William de Warelwast to +negotiate with Pascal, and to find some means of accommodation in this +delicate affair. +[FN [e] Ibid. p. 65. W. Malm. p. 225. [f] Eadmer, p. 66. W. Malm. +p. 225. Hoveden, p. 469. Sim. Dunelm. p. 228. [f] Eadmer, p. 71.] + +The English minister told Pascal, that his master would rather lose +his crown than part with the right of granting investitures. "And I," +replied Pascal, "would rather lose my head than allow him to retain it +[h]." Henry secretly prohibited Anselm from returning, unless he +resolved to conform himself to the laws and usages of the kingdom; and +the primate took up his residence at Lyons, in expectation that the +king would at last be obliged to yield the point which was the present +object of controversy between them. Soon after he was permitted to +return to his monastery at Bec in Normandy; and Henry, besides +restoring to him the revenues of his see, treated him with the +greatest respect, and held several conferences with him, in order to +soften his opposition, and bend him to submission [i]. The people of +England, who thought all differences now accommodated, were inclined +to blame their primate for absenting himself so long from his charge; +and he daily received letters from his partizans, representing the +necessity of his speedy return. The total extinction, they told him, +of religion and Christianity were likely to ensue from the want of his +fatherly care: the most shocking customs prevail in England; and the +dread of his severity being now removed, sodomy, and the practice of +wearing long hair, gain ground among all ranks of men, and these +enormities openly appear every where without sense of shame or fear of +punishment [k]. +[FN [h] Eadmer, p. 73. W. Malm. p. 226. M. Paris, p. 40. [i] +Hoveden, p. 471. [k] Eadmer, p. 81.] + +The policy of the court of Rome has commonly been much admired; and +men, judging by success, have bestowed the highest eulogies on that +prudence by which a power from such slender beginnings, could advance, +without force of arms, to establish an universal and almost absolute +monarchy in Europe. But the wisdom of so long a succession of men who +filled the papal throne, and who were of such different ages, tempers, +and interests, is not intelligible, and could never have place in +nature. The instrument, indeed, with which they wrought, the +ignorance and superstition of the people, is so gross an engine, of +such universal prevalence, and so little liable to accident or +disorder, that it may be successful even in the most unskilful hands; +and scarce any indiscretion can frustrate its operations. While the +court of Rome was openly abandoned to the most flagrant disorders, +even while it was torn with schisms and factions, the power of the +church daily made a sensible progress in Europe; and the temerity of +Gregory and caution of Pascal were equally fortunate in promoting it. +The clergy, feeling the necessity which they lay under of being +protected against the violence of princes or rigour of the laws, were +well pleased to adhere to a foreign head, who, being removed from the +fear of the civil authority, could freely employ the power of the +whole church, in defending her ancient or usurped properties and +privileges, when invaded in any particular country: the monks, +desirous of an independence of their diocesans, professed a still more +devoted attachment to the triple crown; and the stupid people +possessed no science or reason, which they could oppose to the most +exorbitant pretensions. Nonsense passed for demonstration: the most +criminal means were sanctified by the piety of the end: treaties were +not supposed to be binding, where the interests of God were concerned: +the ancient laws and customs of states had no authority against a +divine right: impudent forgeries were received as authentic monuments +of antiquity: and the champions of holy church, if successful, were +celebrated as heroes; if unfortunate, were worshipped as martyrs; and +all events thus turned out equally to the advantage of clerical +usurpations. Pascal himself, the reigning pope, was, in the course of +this very controversy concerning investitures, involved in +circumstances and necessitated to follow a conduct, which would have +drawn disgrace and ruin on any temporal prince that had been so +unfortunate as to fall into a like situation. His person was seized +by the Emperor, Henry V., and he was obliged, by a formal treaty, to +resign to that monarch the right of granting investitures, for which +they had so long contended [l]. In order to add greater solemnity to +this agreement, the emperor and pope communicated together on the same +host, one half of which was given to the prince, the other taken by +the pontiff: the most tremendous imprecations were publicly denounced +on either of them who should violate the treaty: yet no sooner did +Pascal recover his liberty, than he revoked all his concessions, and +pronounced the sentence of excommunication against the emperor, who, +in the end, was obliged to submit to the terms required of him, and to +yield up all his pretensions, which he never could resume [m]. +[FN [l] W. Malm. p. 167. [m] Padre Paolo sopra benef. eccles. p. 112. +W. Malmes. p. 170. Chron. Abb. St. Petri de Burgo, p. 63. Sim. +Dunelm. p. 233.] + +The King of England had very nearly fallen into the same dangerous +situation: Pascal had already excommunicated the Earl of Mellent, and +the other ministers of Henry, who were instrumental in supporting his +pretensions [n]: he daily menaced the king himself with a like +sentence; and he suspended the blow only to give him leisure to +prevent it by a timely submission. The malecontents waited +impatiently for the opportunity of disturbing his government by +conspiracies and insurrections [o]: the king's best friends were +anxious at the prospect of an incident which would set their religious +and civil duties at variance; and the Countess of Blois, his sister, a +princess of piety, who had great influence over him, was affrightened +with the danger of her brother's eternal damnation [p]. Henry, on the +other hand, seemed determined to run all hazards, rather than resign a +prerogative of such importance, which had been enjoyed by all his +predecessors; and it seemed probable, from his great prudence and +abilities, that he might be able to sustain his rights, and finally +prevail in the contest. While Pascal and Henry thus stood mutually in +awe of each other, it was the more easy to bring about an +accommodation between them, and to find a medium in which they might +agree. +[FN [n] Eadmer, p. 79. [o] Ibid. p. 80. [p] Ibid. p. 79.] + +[MN Compromise with Anselm.] +Before bishops took possession of their dignities, they had formerly +been accustomed to pass through two ceremonies: they received from the +hands of the sovereign a ring and crosier, as symbols of their office; +and this was called their INVESTITURE: they also made those +submissions to the prince which were required of vassals by the rights +of the feudal law, and which received the name of HOMAGE. And as the +king might refuse both to grant the INVESTITURE and to receive the +HOMAGE, though the chapter had, by some canons of the middle age, been +endowed with the right of election, the sovereign had in reality the +sole power of appointing prelates. Urban II. had equally deprived +laymen of the rights of granting investiture and of receiving homage +[q]: the emperors never were able, by all their wars and negotiations, +to make any distinction be admitted between them: the interposition of +profane laymen, in any particular, was still represented as impious +and abominable; and the church openly aspired to a total independence +on the state. But Henry had put England as well as Normandy in such a +situation as gave greater weight to his negotiations; and Pascal was +for the present satisfied with his resigning the right of granting +investitures, by which the spiritual dignity was supposed to be +conferred; and he allowed the bishops to do homage for their temporal +properties and privileges [r]. The pontiff was well pleased to have +made this acquisition, which, he hoped, would in time involve the +whole; and the king, anxious to procure an escape from a very +dangerous situation, was content to retain some, though a more +precarious authority, in the election of prelates. +[FN [q] Eadmer, p. 91. W. Malm. p. 163. Sim. Dunelm. p. 230. [r] +Eadmer, p. 91. W. Malm. p. 164, 227. Hoveden, p. 471. M. Paris, p. +43. T. Rudb. p. 274. Brompton, p. 1000. Wilkins, p. 303. Chron. +Dunst. p. 21.] + +After the principal controversy was accommodated, it was not difficult +to adjust the other differences. The pope allowed Anselm to +communicate with the prelates who had already received investitures +from the crown; and he only required of them some submissions for +their past misconduct [s]. He also granted Anselm a plenary power of +remedying every other disorder, which, he said, might arise from the +barbarousness of the country [t]. Such was the idea which the popes +then entertained of the English; and nothing can be a stronger proof +of the miserable ignorance in which that people were then plunged, +than that a man who sat on the papal throne, and who subsisted by +absurdities and nonsense, should think himself entitled to treat them +as barbarians. +[FN [s] Eadmer p. 87. [t] Ibid. p. 91.] + +During the course of these controversies, a synod was held at +Westminster, where the king, intent only on the main dispute, allowed +some canons of less importance to be enacted, which tended to promote +the usurpations of the clergy. The celibacy of priests was enjoined, +a point which it was still found very difficult to carry into +execution; and even laymen were not allowed to marry within the +seventh degree of affinity [u]. By this contrivance the pope +augmented the profits which he reaped from granting dispensations, and +likewise those from divorces. For as the art of writing was then +rare, and parish registers were not regularly kept, it was not easy to +ascertain the degrees of affinity even among people of rank; and any +man who had money sufficient to pay for it, might obtain a divorce, on +pretence that his wife was more nearly related to him than was +permitted by the canons. The synod also passed a vote, prohibiting +the laity from wearing long hair [w]. The aversion of the clergy to +this mode was not confined to England. When the king went to +Normandy, before he had conquered that province, the Bishop of Seez, +in a formal harangue, earnestly exhorted him to redress the manifold +disorders under which the government laboured, and to oblige the +people to poll their hair in a decent form. Henry, though he would +not resign his prerogatives to the church, willingly parted with his +hair: he cut it in the form which they required of him, and obliged +all the courtiers to imitate his example [x]. +[FN [u] Eadmer, p. 67, 68. Spellm. Conc. vol. ii. p. 22. [w] Eadmer, +p. 68. [x] Order. Vital. p. 816.] + +[MN Wars abroad.] +The acquisition of Normandy was a great point of Henry's ambition; +being the ancient patrimony of his family, and the only territory, +which, while in his possession, gave him any weight or consideration +on the continent: but the injustice of his usurpation was the source +of great inquietude, involved him in frequent wars, and obliged him to +impose on his English subjects those many heavy and arbitrary taxes, +of which all the historians of that age unanimously complain [y]. +His nephew, William, was but six years of age when he committed him to +the care of Helie de St. Saen; and it is probable, that his reason for +intrusting that important charge to a man of so unblemished a +character was to prevent all malignant suspicions, in case any +accident should befall the life of the young prince. [MN 1110.] He +soon repented of his choice, but when he desired to recover possession +of William's person, Helie withdrew his pupil, and carried him to the +court of Fulk, Count of Anjou, who gave him protection [z]. In +proportion as the prince grew up to man's estate, he discovered +virtues becoming his birth; and wandering through different courts of +Europe, he excited the friendly compassion of many princes, and raised +a general indignation against his uncle, who had so unjustly bereaved +him of his inheritance. Lewis the Gross, son of Philip, was at this +time King of France, a brave and generous prince, who having been +obliged, during the lifetime of his father, to fly into England, in +order to escape the persecutions of his step-mother, Bertrude, had +been protected by Henry, and had thence conceived a personal +friendship for him. But these ties were soon dissolved after the +accession of Lewis, who found his interests to be in so many +particulars opposite to those of the English monarch, and who became +sensible of the danger attending the annexation of Normandy to +England. He joined, therefore, the Counts of Anjou and Flanders in +giving disquiet to Henry's government; and this monarch, in order to +defend his foreign dominions, found himself obliged to go over to +Normandy, where he resided two years. The war which ensued amongst +those princes was attended with no memorable event, and produced only +slight skirmishes on the frontiers, agreeable to the weak condition of +the sovereigns in that age whenever their subjects were not roused by +some great and urgent occasion. Henry, by contracting his eldest son, +William, to the daughter of Fulk, detached the prince from the +alliance, and obliged the others to come to an accommodation with him. +This peace was not of long duration. His nephew, William, retired to +the court of Baldwin, Earl of Flanders, who espoused his cause; and +the King of France having soon after, for other reasons, joined the +party, a new war was kindled in Normandy, which produced no event more +memorable than had attended the former. [MN 1113.] At last the death +of Baldwin, who was slain in an action near Eu, gave some respite to +Henry, and enabled him to carry on war with more advantage against his +enemies. +[FN [y] Eadmer, p. 83. Chron. Sax. p. 211, 212, 213, 219, 220, 228. +H. Hunt p. 380. Hoveden, p. 470. Ann. Waverl. p. 143. [z] Order +Vital. p. 837.] + +Lewis, finding himself unable to wrest Normandy from the king by force +of arms, had recourse to the dangerous expedient of applying to the +spiritual power, and of affording the ecclesiastics a pretence to +interpose in the temporal concerns of princes. He carried young +William to a general council, which was assembled at Rheims by Pope +Calixtus II., presented the Norman prince to them, complained of the +manifest usurpation and injustice of Henry, craved the assistance of +the church for reinstating the true heir in his dominions, and +represented the enormity of detaining in captivity so brave a prince +as Robert, one of the most eminent champions of the cross, and who, by +that very quality, was placed under the immediate protection of the +holy see. Henry knew how to defend the rights of his crown with +vigour, and yet with dexterity. He had sent over the English bishops +to this synod; but at the same time had warned them, that if any +farther claims were started by the pope or the ecclesiastics, he was +determined to adhere to the laws and customs of England, and maintain +the prerogatives transmitted to him by his predecessors. "Go," said +he to them, "salute the pope in my name; hear his apostolical +precepts; but take care to bring none of his new inventions into my +kingdom." Finding, however, that it would be easier for him to elude +than oppose the efforts of Calixtus, he gave his ambassadors orders to +gain the pope and his favourites by liberal presents and promises. +[MN 1119.] The complaints of the Norman prince were thenceforth heard +with great coldness by the council; and Calixtus confessed, after a +conference which he had the same summer with Henry, and when that +prince probably renewed his presents, that, of all men whom he had +ever yet been acquainted with, he was, beyond comparison, the most +eloquent and persuasive. + +The warlike measures of Lewis proved as ineffectual as his intrigues. +He had laid a scheme for surprising Noyon; but Henry having received +intelligence of the design, marched to the relief of the place, and +suddenly attacked the French at Brenneville, as they were advancing +towards it. A sharp conflict ensued, where Prince William behaved +with great bravery, and the king himself was in the most imminent +danger. He was wounded in the head by Crispin, a gallant Norman +officer, who had followed the fortunes of William [a]; but, being +rather animated than terrified by the blow, he immediately beat his +antagonist to the ground, and so encouraged his troops by the example, +that they put the French to total rout, and had very nearly taken +their king prisoner. The dignity of the persons engaged in this +skirmish rendered it the most memorable action of the war; for, in +other respects, it was not of great importance. There were nine +hundred horsemen, who fought on both sides; yet were there only two +persons slain. The rest were defended by that heavy armour worn by +the cavalry in those times [b]. An accommodation soon after ensued +between the Kings of France and England; and the interests of young +William were entirely neglected in it. +[FN [a] H. Hunt. p. 381. M. Paris, p. 47. Diceto, p. 503. [b] +Order. Vital. p. 854.] + +[MN 1120. Death of Prince William.] +But this public prosperity of Henry was much overbalanced by a +domestic calamity which befel him. His only son, William, had now +reached his eighteenth year, and the king, from the facility with +which he himself had usurped the crown, dreading that a like +revolution might subvert his family, had taken care to have him +recognized successor by the states of the kingdom, and had carried him +over to Normandy, that he might receive the homage of the barons of +that duchy. The king, on his return, set sail from Barfleur, and was +soon carried by a fair wind out of sight of land. The prince was +detained by some accident; and his sailors, as well as their captain, +Thomas Fitz-Stephens, having spent the interval in drinking, were so +flustered, that being in a hurry to follow the king, they heedlessly +carried the ship on a rock, where she immediately foundered. William +was put into the long boat, and had got clear of the ship, when, +hearing the cries of his natural sister, the Countess of Perche, he +ordered the seamen to row back in hopes of saving her; but the numbers +who then crowded in soon sunk the boat; and the prince, with all his +retinue, perished. Above a hundred and forty young noblemen, of the +principal families of England and Normandy, were lost on this +occasion. A butcher of Rouen was the only person on board who escaped +[c]. He clung to the mast, and was taken up next morning by +fishermen. Fitz-Stephens also took hold of the mast, but being +informed by the butcher that Prince William had perished, he said that +he would not survive the disaster; and he threw himself headlong into +the sea [d]. Henry entertained hopes for three days, that his son had +put into some distant port of England; but when certain intelligence +of the calamity was brought him, he fainted away; and it was remarked, +that he never after was seen to smile, nor ever recovered his wonted +cheerfulness [e]. +[FN [c] Sim. Dunelm. p. 242. Alured Beverl. p. 148. [d] Order. +Vital. p. 868. [e] Hoveden, p. 476. Order. Vital. p. 869.] + +The death of William may be regarded, in one respect, as a misfortune +to the English; because it was the immediate source of those civil +wars, which, after the demise of the king, caused such confusion in +the kingdom; but it is remarkable, that the young prince had +entertained a violent aversion to the natives; and had been heard to +threaten, that when he should be king, he would make them draw the +plough, and would turn them into beasts of burden. These +prepossessions he inherited from his father, who, though he was wont, +when it might serve his purpose, to value himself on his birth, as a +native of England [f], showed, in the course of his government, an +extreme prejudice against that people. All hopes of preferment, to +ecclesiastical as well as civil dignities, were denied them during +this whole reign; and any foreigner, however ignorant or worthless, +was sure to have the preference in every competition [g]. As the +English had given no disturbance to the government during the course +of fifty years, this inveterate antipathy in a prince of so much +temper as well as penetration, forms a presumption that the English of +that age were still a rude and barbarous people, even compared to the +Normans, and impresses us with no very favourable idea of the Anglo- +Saxon manners. +[FN [f] Gu1. Neub. lib. 1. cap. 3. [g] Eadmer, p. 110.] + +Prince William left no children; and the king had not now any +legitimate issue, except one daughter, Matilda, whom, in 1110, he had +betrothed, though only eight years of age [h], to the Emperor Henry +V., and whom he had then sent over to be educated in Germany [i]. But +as her absence from the kingdom, and her marriage into a foreign +family, might endanger the succession, Henry, who was now a widower, +was induced to marry, in hopes of having male heirs; [MN King's second +marriage. 1121.] and he made his addresses to Adelais, daughter of +Godfrey, Duke of Lovaine, and niece of Pope Calixtus, a young princess +of an amiable person [k]. But Adelais brought him no children; and +the prince who was most likely to dispute the succession, and even the +immediate possession of the crown, recovered hopes of subverting his +rival, who had successively seized all his patrimonial dominions. +William, the son of Duke Robert, was still protected in the French +court; and as Henry's connexions with the Count of Anjou were broken +off by the death of his son, Fulk joined the party of the unfortunate +prince, gave him his daughter in marriage, and aided him in raising +disturbances in Normandy. But Henry found the means of drawing off +the Count of Anjou, by forming anew with him a nearer connexion than +the former, and one more material to the interests of that count's +family. [MN 1127.] The emperor, his son-in-law, dying without issue, +he bestowed his daughter on Geoffrey, the eldest son of Fulk, and +endeavoured to ensure her succession by having her recognized heir to +all his dominions, and obliging the barons, both of Normandy and +England to swear fealty to her. [MN 1128.] He hoped that the choice +of this husband would be more agreeable to all his subjects than that +of the emperor; as securing them from the danger of falling under the +dominion of a great and distant potentate, who might bring them into +subjection, and reduce their country to the rank of a province: but +the barons were displeased that a step so material to national +interests had been taken without consulting them [l]; and Henry had +too sensibly experienced the turbulence of their disposition, not to +dread the effects of their resentment. It seemed probable, that his +nephew's party might gain force from the increase of the malecontents: +an accession of power which that prince acquired a little after, +tended to render his pretensions still more dangerous. Charles, Earl +of Flanders, being assassinated during the celebration of divine +service, King Lewis immediately put the young prince in possession of +that country, to which he had pretensions in the right of his +grandmother Matilda, wife to the Conqueror. But William survived a +very little time this piece of good fortune, which seemed to open the +way to still farther prosperity. He was killed in a skirmish with the +Landgrave of Alsace, his competitor for Flanders; and his death put an +end, for the present, to the jealousy and inquietude of Henry. +[FN [h] Chron. Sax. p. 215. W. Malm. p. 166. Order. Vital. p. 83. +[i] See note [M], at the end of the volume. [k] Chron. Sax. p. 223. +W. Malm. p. 165. [l] W. Malm. p. 175. The annals of Waverly, p. 150, +say, that the king asked and obtained the consent of all the barons.] + +The chief merit of this monarch's government consists in the profound +tranquillity which he established and maintained throughout all his +dominions during the greater part of his reign. The mutinous barons +were retained in subjection; and his neighbours, in every attempt +which they made upon him, found him so well prepared, that they were +discouraged from continung or renewing their enterprises. In order to +repress the incursions of the Welsh, he brought over some Flemings, in +the year 1111, and settled them in Pembrokeshire, where they long +maintained a different language, and customs, and manners, from their +neighbours. Though his government seems to have been arbitrary in +England, it was judicious and prudent; and was as little oppressive as +the necessity of his affairs would permit. He wanted not attention to +the redress of grievances; and historians mention in particular the +levying of purveyance, which he endeavoured to moderate and restrain. +The tenants in the king's demesne lands were at that time obliged to +supply, GRATIS, the court with provisions, and to furnish carriages on +the same hard terms, when the king made a progress, as he did +frequently, into any of the counties. These exactions were so +grievous, and levied in so licentious a manner, that the farmers, when +they heard of the approach of the court, often deserted their houses +as if an enemy had invaded the country [m], and sheltered their +persons and families in the woods from the insults of the king's +retinue. Henry prohibited those enormities, and punished the persons +guilty of them by cutting off their hands, legs, or other members [n]. +But the prerogative was perpetual; the remedy applied by Henry was +temporary; and the violence itself of this remedy, so far from giving +security to the people, was only a proof of the ferocity of the +government, and threatened a quick return of like abuses. +[FN [m] Eadmer, p. 94. Chron. Sax. p. 212. [n] Eadmer, p. 94.] + +One great and difficult object of the king's prudence was, the +guarding against the encroachments of the court of Rome, and +protecting the liberties of the church of England. The pope, in the +year 1101, had sent Guy, Archbishop of Vienne, as legate into Britain; +and though he was the first that for many years had appeared there in +that character, and his commission gave general surprise [o], the +king, who was then in the commencement of his reign, and was involved +in many difficulties, was obliged to submit to this encroachment on +his authority. But in the year 1116, Anselm, Abbot of St. Sabas, who +was coming over with a like legatine commission, was prohibited from +entering the kingdom [p]; and Pope Calixtus who, in his turn, was then +labouring under many difficulties, by reason of the pretensions of +Gregory, an anti-pope, was obliged to promise that he never would for +the future, except when solicited by the king himself, send any legate +into England [q]. Notwithstanding this engagement, the pope, as soon +as he had suppressed his antagonist, granted the Cardinal de Crema a +legatine commission over that kingdom; and the king, who, by reason of +his nephew's intrigues and invasions, found himself at that time in a +dangerous situation, was obliged to submit to the exercise of this +commission [r]. A synod was called by the legate at London; where, +among other canons, a vote passed, enacting severe penalties on the +marriages of the clergy [s]. The cardinal, in a public harangue, +declared it to be an unpardonable enormity, that a priest should dare +to consecrate and touch the body of Christ immediately after he had +risen from the side of a strumpet; for that was the decent appellation +which he gave to the wives of the clergy. But it happened that, the +very next night, the officers of justice, breaking into a disorderly +house, found the cardinal in bed with a courtezan [t]; an incident +which threw such ridicule upon him, that he immediately stole out of +the kingdom: the synod broke up; and the canons against the marriage +of clergymen were worse executed than ever [u]. +[FN [o] Ibid. p. 58. [p] Hoveden, p. 474. [q] Eadmer, p. 125, 137, +138. [r] Chron. Sax. p. 229. [s] Spellm. Conc. vol. ii. p. 34. [t] +Hoveden, p. 478. M. Paris, p. 48. Matth. West. ad. ann. 1125. H. +Huntingdon, p. 382. It is remarkable that this last writer, who was a +clergyman as well as the others, makes an apology for using such +freedom with the fathers of the church; but says, that the fact was +notorious, and ought not to be concealed. [u] Chron. Sax. p. 234.] + +Henry, in order to prevent this alternate revolution of concessions +and encroachments, sent William, then Archbishop of Canterbury, to +remonstrate with the court of Rome against those abuses, and to assert +the liberties of the English church. It was a usual maxim with every +pope, when he found that he could not prevail in any pretension, to +grant princes or states a power which they had always exercised, to +resume, at a proper juncture, the claim which seemed to be resigned, +and to pretend that the civil magistrate had possessed the authority +only from a special indulgence of the Roman pontiff. After this +manner, the pope, finding that the French nation would not admit his +claim of granting investitures, had passed a bull, giving the king +that authority; and he now practised a like invention to elude the +complaints of the King of England. He made the Archbishop of +Canterbury his legate, renewed his commission from time to time, and +still pretended that the rights which that prelate had ever exercised +as metropolitan were entirely derived from the indulgence of the +apostolic see. The English princes, and Henry in particular, who were +glad to avoid any immediate contest of so dangerous a nature, commonly +acquiesced by their silence in these pretensions of the court of Rome +[w]. +[FN [w] See note [N], at the end of the volume.] + +As every thing in England remained in tranquillity, Henry took the +opportunity of paying a visit to Normandy, to which he was invited, as +well by his affection for that country, as by his tenderness for his +daughter, the Empress Matilda, who was always his favourite. [MN +1132.] Some time after, that princess was delivered of a son, who +received the name of Henry; and the king, farther to ensure her +succession, made all the nobility of England and Normandy renew the +oath of fealty, which they had already sworn to her [x]. The joy of +this event, and the satisfaction which he reaped from his daughter's +company, who bore successively two other sons, made his residence in +Normandy very agreeable to him [y]; [MN 1135.] and he seemed +determined to pass the remainder of his days in that country; when an +incursion of the Welsh obliged him to think of returning into England. +He was preparing for the journey, but was seized with a sudden illness +at St. Dennis le Forment [MN 1st. Dec.], from eating too plentifully +of lampreys, a food which always agreed better with his palate than +his constitution [z]. [MN Death, and character of Henry.] He died in +the sixty-seventh year of his age, and the thirty-fifth of his reign; +leaving by will his daughter, Matilda, heir of all his dominions, +without making any mention of her husband Geoffrey, who had given him +several causes of displeasure [a]. +[FN [x] W. Malm. p. 177. [y] H. Hunt. p. 385. [z] Ibid. p. 385. M. +Paris, p. 50. [a] W. Malm. p. 178.] + +This prince was one of the most accomplished that has filled the +English throne, and possessed all the great qualities both of body and +mind, natural and acquired which could fit him for the high station to +which he attained. His person was manly, his countenance engaging, +his eyes clear, serene, and penetrating. The affability of his +address encouraged those who might be overawed by the sense of his +dignity or of his wisdom; and though he often indulged his facetious +humour, he knew how to temper it with discretion, and ever kept at a +distance from all indecent familiarities with his courtiers. His +superior eloquence and judgment would have given him an ascendant, +even had he been born in a private station; and his personal bravery +would have procured him respect, though it had been less supported by +art and policy. By his great progress in literature, he acquired the +name of BEAUCLERK, or the Scholar: but his application to those +sedentary pursuits abated nothing of the activity and vigilance of his +government; and though the learning of that age was better fitted to +corrupt than improve the understanding, his natural good sense +preserved itself untainted both from the pedantry and superstition +which were then so prevalent among men of letters. His temper was +susceptible of the sentiments as well of friendship as of resentment +[b]; and his ambition though high, might be deemed moderate and +reasonable, had not his conduct towards his brother and nephew showed +that he was too much disposed to sacrifice to it all the maxims of +justice and equity. But the total incapacity of Robert for government +afforded his younger brother a reason or pretence for seizing the +sceptre both of England and Normandy; and when violence and usurpation +are once begun, necessity obliges a prince to continue in the same +criminal course, and engages him in measures which his better judgment +and sounder principles would otherwise have induced him to reject with +warmth and indignation. +[FN [b] Order. Vital. p. 805.] + +King Henry was much addicted to women; and historians mention no less +than seven illegitimate sons and six daughters born to him [c]. +Hunting was also one of his favourite amusements; and he exercised +great rigour against those who encroached on the royal forests, which +were augmented during his reign [d], though their number and extent +were already too great. To kill a stag was as criminal as to murder a +man: he made all the dogs be mutilated which were kept on the borders +of his forests; and he sometimes deprived his subjects of the liberty +of hunting on their own lands, or even cutting their own woods. In +other respects, he executed justice, and that with rigour; the best +maxim which a prince in that age could follow. Stealing was first +made capital in this reign [e]; false coining, which was then a very +common crime, and by which the money had been extremely debased, was +severely punished by Henry [f]. Near fifty criminals of this kind +were at one time hanged or mutilated; and though these punishments +seem to have been exercised in a manner somewhat arbitrary, they were +grateful to the people, more attentive to present advantages than +jealous of general laws. There is a code which passes under the name +of Henry I., but the best antiquaries have agreed to think it +spurious. It is however a very ancient compilation, and may be useful +to instruct us in the manners and customs of the times. We learn from +it, that a great distinction was then made between the English and +Normans, much to the advantage of the latter [g]. The deadly feuds, +and the liberty of private revenge, which had been avowed by the Saxon +laws, were still continued, and were not yet wholly illegal [h]. +[FN [c] Gul. Gemet. lib. 8. cap. 29. [d] W. Malm. p. 179. [e] Sim. +Dunelm p. 231. Brompton, p. 1000. Flor. Wigorn. p. 653. Hoveden, p. +471. [f] Sim. Dunelm. p. 231. Brompton, p. 1000. Hoveden, p. 471. +Annal. Waverl. p. 149. [g] LL. Hen. I. Sec, 18, 75. [h] Ibid. Sec. +82.] + +Among the laws granted on the king's accession, it is remarkable that +the reunion of the civil and ecclesiastical courts, as in the Saxon +times, was enacted [i]. But this law, like the articles of his +charter, remained without effect, probably from the opposition of +Archbishop Anselm. +[FN [i] Spellm. p. 305. Blackstone, vol. iii. p. 63. Coke, 2 Inst. +70.] + +Henry, on his accession, granted a charter to London, which seems to +have been the first step towards rendering that city a corporation. +By this charter, the city was empowered to keep the farm of Middlesex +at three hundred pounds a year, to elect its own sheriff and +justiciary, and to hold pleas of the crown: and it was exempted from +scot, Danegelt, trials by combat, and lodging the king's retinue. +These, with a confirmation of the privileges of their court of +hustings, wardmotes, and common halls, and their liberty of hunting in +Middlesex and Surrey, are the chief articles of this charter [k]. +[FN [k] Lambardi Archaionomia ex edit. Twisden. Wilkins, p. 235.] + +It is said [l], that this prince, from indulgence to his tenants, +changed the rents of his demesnes, which were formerly paid in kind, +into money, which was more easily remitted to the exchequer. But the +great scarcity of coin would render that commutation difficult to be +executed, while at the same time provisions could not be sent to a +distant quarter of the kingdom. This affords a probable reason why +the ancient kings of England so frequently changed their place of +abode: they carried their court from one place to another, that they +might consume upon the spot the revenue of their several demesnes. +[FN [l] Dial. de Scaccario, lib. 1. cap. 7.] + + + + +CHAPTER VII. + +STEPHEN. + +ACCESSION OF STEPHEN--WAR WITH SCOTLAND.--INSURRECTION IN FAVOUR OF +MATILDA.--STEPHEN TAKEN PRISONER.--MATILDA CROWNED.--STEPHEN RELEASED. +--RESTORED TO THE CROWN.--CONTINUATION OF THE CIVIL WARS.--COMPROMISE +BETWEEN THE KING AND PRINCE HENRY.--DEATH OF THE KING. + + + +[MN 1135.] In the progress and settlement of the feudal law, the male +succession to fiefs had taken place some time before the female was +admitted; and estates being considered as military benefices, not as +property, were transmitted to such only as could serve in the armies, +and perform in person the conditions upon which they were originally +granted. But when the continuance of rights, during some generations, +in the same family, had in a great measure, obliterated the primitive +idea, the females were gradually admitted to the possession of feudal +property; and the same revolution of principles which procured them +the inheritance of private estates naturally introduced their +succession to government and authority. The failure, therefore, of +male heirs to the kingdom of England and duchy of Normandy seemed to +leave the succession open, without a rival, to the Empress Matilda; +and as Henry had made all his vassals, in both states, swear fealty to +her, he presumed that they would not easily be induced to depart at +once from her hereditary right, and from their own reiterated oaths +and engagements. But the irregular manner in which he himself had +acquired the crown might have instructed him, that neither his Norman +nor English subjects were as yet capable of adhering to a strict rule +of government; and as every precedent of this kind seems to give +authority to new usurpations, he had reason to dread, even from his +own family, some invasion of his daughter's title which he had taken +such pains to establish. + +Adela, daughter of William the Conqueror, had been married to Stephen, +Count of Blois, and had brought him several sons, among whom Stephen +and Henry, the two youngest, had been invited over to England by the +late king, and had received great honours, riches, and preferment, +from the zealous friendship which that prince bore to every one that +had been so fortunate as to acquire his favour and good opinion. +Henry, who had betaken himself to the ecclesiastical profession, was +created Abbot of Glastonbury and Bishop of Winchester; and though +these dignities were considerable, Stephen had, from his uncle's +liberality, attained establishments still more solid and durable [a]. +The king had married him to Matilda, who was daughter and heir of +Eustace Count of Boulogne, and who brought him, besides that feudal +sovereignty in France, an immense property in England, which, in the +distribution of lands, had been conferred by the Conqueror on the +family of Boulogne. Stephen also by this marriage acquired a new +connexion with the royal family of England; as Mary, his wife's +mother, was sister to David the reigning King of Scotland, and to +Matilda, the first wife of Henry, and mother of the empress. The +king, still imagining that he strengthened the interests of his family +by the aggrandizement of Stephen, took pleasure in enriching him by +the grant of new possessions; and he conferred on him the great estate +forfeited by Robert Mallet in England, and that forfeited by the Earl +of Mortaigne in Normandy. Stephen, in return, professed great +attachment to his uncle; and appeared so zealous for the succession of +Matilda, that when the barons swore fealty to that princess, he +contended with Robert, Earl of Gloucester, the king's natural son, who +should first be admitted to give her this testimony of devoted zeal +and fidelity [b]. Meanwhile he continued to cultivate, by every art +of popularity, the friendship of the English nation; and many virtues, +with which he seemed to be endowed, favoured the success of his +intentions. By his bravery, activity, and vigour, he acquired the +esteem of the barons: by his generosity, and by an affable and +familiar address, unusual in that age among men of his high quality, +he obtained the affections of the people, particularly of the +Londoners [c]. And though he dared not to take any steps towards his +farther grandeur, lest he should expose himself to the jealousy of so +penetrating a prince as Henry; he still hoped that, by accumulating +riches and power, and by acquiring popularity, he might in time be +able to open his way to the throne. +[FN [a] Gul. Neubr. p. 360. Brompton, p. 1023. [b] W. Malm. p. 192.] + +No sooner had Henry breathed his last, than Stephen, insensible to all +the ties of gratitude and fidelity, and blind to danger, gave full +reins to his criminal ambition, and trusted that, even without any +previous intrigue, the celerity of his enterprise, and the boldness of +his attempt, might overcome the weak attachment which the English and +Normans in that age bore to the law and to the rights of their +sovereign. He hastened over to England; and though the citizens of +Dover, and those of Canterbury, apprized of his purpose, shut their +gates against him, he stopped not till he arrived at London, where +some of the lower rank, instigated by his emissaries, as well as moved +by his general popularity, immediately saluted him king. His next +point was to acquire the good will of the clergy; and by performing +the ceremony of his coronation, to put himself in possession of the +throne, from which he was confident it would not be easy afterwards to +expel him. His brother, the Bishop of Winchester, was useful to him +in these capital articles: having gained Roger, Bishop of Salisbury, +who, though he owed a great fortune and advancement to the favour of +the late king, preserved no sense of gratitude to that prince's +family, he applied, in conjunction with that prelate, to William, +Archbishop of Canterbury, and required him, in virtue of his office, +to give the royal unction to Stephen. The primate, who, as all the +others, had shown fealty to Matilda, refused to perform this ceremony; +but his opposition was overcome by an expedient equally dishonourable +with the other steps by which this revolution was effected. Hugh +Bigod, steward of the household, made oath before the primate, that +the late king, on his deathbed, had shown a dissatisfaction with his +daughter Matilda, and had expressed his intention of leaving the Count +of Boulogne heir to all his dominions [d]. [MN 1135. 22d. Dec.] +William, either believing, of feigning to believe, Bigod's testimony, +anointed Stephen, and put the crown upon his head; and from this +religious ceremony that prince, without any shadow either of +hereditary title, or consent of the nobility or people, was allowed to +proceed to the exercise of sovereign authority. Very few barons +attended his coronation [e]; but none opposed his usurpation, however +unjust or flagrant. The sentiment of religion, which, if corrupted +into superstition, has often little efficacy in fortifying the duties +of civil society, was not affected by the multiplied oaths taken in +favour of Matilda, and only rendered the people obedient to a prince, +who was countenanced by the clergy, and who had received from the +primate the rite of royal unction and consecration [f]. +[FN [c] W. Malm. p. 179. Gest. Steph. p. 928. [d] Matt. Paris, p. +51. Diceto, p. 505. Chron. Dunst. p. 23. [e] Brompton, p. 1023. +[f] Such stress was formerly laid on the rite of coronation, that the +monkish writers never give any prince the title of king till he is +crowned; though he had for some time been in possession of the crown, +and exercised all the powers of sovereignty.] + +Stephen, that he might farther secure his tottering throne, passed a +charter, in which he made liberal promises to all orders of men: to +the clergy, that he would speedily fill all vacant benefices, and +would never levy the rents of any of them during the vacancy; to the +nobility, that he would reduce the royal forests to their ancient +boundaries, and correct all encroachments; and to the people, that he +would remit the tax of Danegelt, and restore the laws of King Edward +[g]. The late king had a great treasure at Winchester, amounting to a +hundred thousand pounds; and Stephen, by seizing this money, +immediately turned against Henry's family the precaution, which that +prince had employed for their grandeur and security: an event which +naturally attends the policy of amassing treasures. By means of this +money, the usurper ensured the compliance, though not the attachment, +of the principal clergy and nobility; but not trusting to this frail +security, he invited over from the continent, particularly from +Britany and Flanders, great numbers of these bravoes or disorderly +soldiers, with whom every country in Europe, by reason of the general +ill police and turbulent government, extremely abounded [h]. These +mercenary troops guarded his throne by the terrors of the sword; and +Stephen, that he might also overawe all malecontents by new and +additional terrors of religion, procured a bull from Rome, which +ratified his title, and which the pope, seeing this prince in +possession of the throne, and pleased with an appeal to his authority +in secular controversies, very readily granted him [i]. +[FN [g] W. Malmes. p. 179. Hoveden, p. 482. [h] W. Malm. p. 179. +[i] Hagulstadt, p. 259, 313.] + +[MN 1136.] Matilda, and her husband Geoffrey, were as unfortunate in +Normandy as they had been in England. The Norman nobility, moved by +an hereditary animosity against the Angevins, first applied to +Theobald, Count of Blois, Stephen's elder brother, for protection and +assistance; but hearing afterwards that Stephen had got possession of +the English crown, and having many of them the same reasons as +formerly for desiring a continuance of their union with that kingdom, +they transferred their allegiance to Stephen, and put him in +possession of their government. Lewis the younger, the reigning King +of France, accepted the homage of Eustace, Stephen's eldest son, for +the duchy; and the more to corroborate his connexions with that +family, he betrothed his sister, Constantia, to the young prince. The +Count of Blois resigned all his pretensions, and received, in lieu of +them, an annual pension of two thousand marks; and Geoffrey himself +was obliged to conclude a truce for two years with Stephen, on +condition of the king's paying him, during that time, a pension of +five thousand [k]. Stephen, who had taken a journey to Normandy, +finished all these transactions in person, and soon after returned to +England. +[FN [k] M. Paris, p. 52.] + +Robert, Earl of Gloucester, natural son of the late king, was a man of +honour and abilities; and as he was much attached to the interests of +his sister, Matilda, and zealous for the lineal succession, it was +chiefly from his intrigues and resistance that the king had reason to +dread a new revolution of government. This nobleman, who was in +Normandy when he received intelligence of Stephen's accession, found +himself much embarrassed concerning the measures which he should +pursue in that difficult emergency. To swear allegiance to the +usurper appeared to him dishonourable, and a breach of his oath to +Matilda: to refuse giving this pledge of his fidelity, was to banish +himself from England, and be totally incapacitated from serving the +royal family, or contributing to their restoration [l]. He offered +Stephen to do him homage, and to take the oath of fealty; but with an +express condition, that the king should maintain all his stipulations, +and should never invade any of Robert's rights or dignities: and +Stephen, though sensible that this reserve, so unusual in itself, and +so unbefitting the duty of a subject, was meant only to afford Robert +a pretence for a revolt on the first favourable opportunity, was +obliged, by the numerous friends and retainers of that nobleman, to +receive him on those terms [m]. The clergy, who could scarcely, at +this time, be deemed subjects to the crown, imitated that dangerous +example: they annexed to their oaths of allegiance this condition, +that they were only bound so long as the king defended the +ecclesiastical liberties, and supported the discipline of the church +[n]. The barons, in return for their submission, exacted terms still +more destructive of public peace, as well as of royal authority: many +of them required the right of fortifying their castles, and of putting +themselves in a posture of defence; and the king found himself totally +unable to refuse his consent to this exorbitant demand [o]. All +England was immediately filled with those fortresses, which the +noblemen garrisoned either with their vassals, or with licentious +soldiers, who flocked to them from all quarters. Unbounded rapine was +exercised upon the people for the maintenance of these troops; and +private animosities, which had with difficulty been restrained by law, +now breaking out without control, rendered England a scene of +uninterrupted violence and devastation. Wars between the nobles were +carried on with the utmost fury in every quarter; the barons even +assumed the right of coining money, and of exercising, without appeal, +every act of jurisdiction [p]; and the inferior gentry, as well as the +people, finding no defence from the laws during this total dissolution +of sovereign authority, were obliged for their immediate safety, to +pay court to some neighbouring chieftain, and to purchase his +protection, both by submitting to his exactions, and by assisting him +in his rapine upon others. The erection of one castle proved the +immediate cause of building many others; and even those who obtained +not the king's permission, thought that they were entitled, by the +great principle of self-preservation, to put themselves on an equal +footing with their neighbours, who commonly were also their enemies +and rivals. The aristocratical power, which is usually so oppressive +in the feudal governments, had now risen to its utmost height, during +the reign of a prince, who, though endowed with vigour and abilities, +had usurped the throne without the pretence of a title, and who was +necessitated to tolerate in others the same violence, to which he +himself had been beholden for his sovereignty. +[FN [l] W Malmes. p. 179. [m] Ibid. M. Paris, p. 51. [n] W. Malm, +p. 179. [o] Ibid. p. 180. [p] Trivet, p. 19 Gill. Neub. p. 372. +Chron. Heming. p. 487. Brompton, p. 1035.] + +But Stephen was not of a disposition to submit long to these +usurpations, without making some effort for the recovery of royal +authority. Finding that the legal prerogatives of the crown were +resisted and abridged, he was also tempted to make his power the sole +measure of his conduct; and to violate all those concessions which he +himself had made on his accession [q], as well as the ancient +privileges of his subjects. The mercenary soldiers, who chiefly +supported his authority, having exhausted the royal treasure, +subsisted by depredations; and every place was filled with the best +grounded complaints against the government. [MN 1137.] The Earl of +Gloucester, having now settled with his friends the plan of an +insurrection, retired beyond sea, sent the king a defiance, solemnly +renounced his allegiance, and upbraided him with the breach of those +conditions which had been annexed to the oath of fealty sworn by that +nobleman [r]. [MN 1138. War with Scotland.] David, King of Scotland, +appeared at the head of an army in defence of his niece's title, and +penetrating into Yorkshire, committed the most barbarous devastations +on that country. The fury of his massacres and ravages enraged the +northern nobility, who might otherwise have been inclined to join +him; and William, Earl of Albemarle, Robert de Ferrers, William +Piercy, Robert de Brus, Roger Moubray, Ilbert Lacey, Walter l'Espec, +powerful barons in those parts, assembled an army with which they +encamped at North-Allerton, and awaited the arrival of the enemy. [MN +22d. Aug.] A great battle was here fought, called the battle of the +STANDARD, from a high crucifix, erected by the English on a waggon, +and carried along with the army as a military ensign. The King of +Scots was defeated, and he himself, as well as his son Henry, narrowly +escaped falling into the hands of the English. This success overawed +the malecontents in England, and might have given some stability to +Stephen's throne, had he not been so elated with prosperity as to +engage in a controversy with the clergy, who were at that time an +overmatch for any monarch. +[FN [q] W. Malm. p. 180. M. Paris, p. 51. [r] W. Malm. p. 180.] + +Though the great power of the church, in ancient times, weakened the +authority of the crown, and interrupted the course of the laws, it may +be doubted, whether, in ages of such violence and outrage, it was not +rather advantageous that some limits were set to the power of the +sword, both in the hands of the prince and nobles, and that men were +taught to pay regard to some principles and privileges. The chief +misfortune was, that the prelates on some occasions acted entirely as +barons, employed military power against their sovereign or their +neighbours, and thereby often increased those disorders which it was +their duty to repress. The Bishop of Salisbury, in imitation of the +nobility, had built two strong castles, one at Sherborne, another at +Devizes, and had laid the foundations of a third at Malmesbury: his +nephew, Alexander, Bishop of Lincoln, had erected a fortress at +Newark: and Stephen, who was now sensible from experience of the +mischiefs attending these multiplied citadels, resolved to begin with +destroying those of the clergy, who, by their function, seemed less +entitled than the barons to such military securities [s]. [MN 1139.] +Making pretence of a fray which had arisen in court between the +retinue of the Bishop of Salisbury and that of the Earl of Britany, he +seized both that prelate and the Bishop of Lincoln, threw them into +prison, and obliged them by menaces to deliver up those places of +strength which they had lately erected [t]. +[FN [s] Gul. Neubr. p. 362. [t] Chron. Sax. p. 238. W. Malmes. p. +181.] + +Henry, Bishop of Winchester, the king's brother, being armed with a +legatine commission, now conceived himself to be an ecclesiastical +sovereign, no less powerful than the civil; and, forgetting the ties +of blood which connected him with the king, he resolved to vindicate +the clerical privileges, which, he pretended, were here openly +violated. [MN 30th Aug.] He assembled a synod at Westminster, and +there complained of the impiety of Stephen's measures, who had +employed violence against the dignitaries of the church, and had not +awaited the sentence of a spiritual court, by which alone, he +affirmed, they could lawfully be tried and condemned, if their conduct +had anywise merited censure or punishment. [u]. The synod ventured to +send a summons to the king charging him to appear before them, and to +justify his measures [w]; and Stephen, instead of resenting this +indignity, sent Aubrey de Vere to plead his cause before that +assembly. De Vere accused the two prelates of treason and sedition; +but the synod refused to try the cause, or examine their conduct, till +those castles, of which they had been dispossessed, were previously +restored to them [x]. The Bishop of Salisbury declared that he would +appeal to the pope; and had not Stephen and his partisans employed +menaces, and even shown a disposition of executing violence by the +hands of the soldiery, affairs had instantly come to extremity between +the crown and the mitre [y]. +[FN [u] W. Malm. p. 182. [w] Ibid. M Paris, p. 53. [x] W. Malm. p. +183. [y] Ibid.] + +While this quarrel, joined to so many other grievances, increased the +discontents among the people, the empress, invited by the opportunity, +and secretly encouraged by the legate himself, landed in England with +Robert Earl of Gloucester, and a retinue of a hundred and forty +knights. She fixed her residence at Arundel Castle, whose gates were +opened to her by Adelais, the queen-dowager, now married to William de +Albini, Earl of Sussex; and she excited, by messengers, her partisans +to take arms in every county of England. [MN 1139. 22d Sept. +Insurrection in favour of Matilda.] Adelais, who had expected that +her daughter-in-law would have invaded the kingdom with a much greater +force, became apprehensive of danger; and Matilda, to ease her of her +fears, removed, first to Bristol, which belonged to her brother +Robert, thence to Gloucester, where she remained under the protection +of Milo, a gallant nobleman in those parts, who had embraced her +cause. Soon after Geoffrey Talbot, William Mohun, Ralph Lovel, +William Fitz-John, William Fitz-Alan, Paganell, and many other barons, +declared for her; and her party, which was generally favoured in the +kingdom, seemed every day to gain ground upon that of her antagonist. + +Were we to relate all the military events transmitted to us by +contemporary and authentic historians, it would be easy to swell our +accounts of this reign into a large volume: but those incidents, so +little memorable in themselves, and so confused both in time and +place, could afford neither instruction nor entertainment to the +reader. It suffices to say, that the war was spread into every +quarter, and that those turbulent barons, who had already shaken off, +in a great measure, the restraint of government, having now obtained +the pretence of a public cause, carried on their devastations with +redoubled fury, exercised implacable vengeance on each other, and set +no bounds to their oppressions over the people. The castles of the +nobility were become receptacles of licensed robbers; who, sallying +forth day and night, committed spoil on the open country, on the +villages, and even on the cities, put the captives to torture, in +order to make them reveal their treasures; sold their persons to +slavery; and set fire to their houses, after they had pillaged them of +every thing valuable. The fierceness of their disposition, leading +them to commit wanton destruction, frustrated their rapacity of its +purpose; and the property and persons even of the ecclesiastics, +generally so much revered, were at last, from necessity, exposed to +the same outrage which had laid waste the rest of the kingdom. The +land was left untilled; the instruments of husbandry were destroyed or +abandoned; and a grievous famine, the natural result of those +disorders, affected equally both parties, and reduced the spoilers as +well as the defenceless people to the most extreme want and indigence +[z]. +[FN [z] Chron. Sax. p. 238. W. Malmes. p. 185. Gest. Steph p. 961.] + +[MN 1140.] After several fruitless negotiations and treaties of +peace, which never interrupted these destructive hostilities, there +happened at last an event, which seemed to promise some end of the +public calamities. Ralph, Earl of Chester, and his half-brother, +William de Roumara, partisans of Matilda, had surprised the castle of +Lincoln; but the citizens, who were better affected to Stephen, having +invited him to their aid, that prince laid close siege to the castle, +in hopes of soon rendering himself master of the place, either by +assault or by famine. The Earl of Gloucester hastened with an army to +the relief of his friends; and Stephen, informed of his approach, took +the field with a resolution of giving him battle. [MN 1141. 2d Feb.] +After a violent shock, the two wings of the royalists were put to +flight; and Stephen himself, surrounded by the enemy, was at last, +after exerting great efforts of valour, borne down by numbers, and +taken prisoner. [MN Stephen taken prisoner.] He was conducted to +Gloucester; and though at first treated with humanity was soon after, +on some suspicion, thrown into prison and loaded with irons. + +Stephen's party was entirely broken by the captivity of their leader, +and the barons came in daily from all quarters, and did homage to +Matilda. The princess, however, amidst all her prosperity, knew that +she was not secure of success unless she could gain the confidence of +the clergy; and as the conduct of the legate had been of late very +ambiguous, and shown his intentions to have rather aimed at humbling +his brother than totally ruining him, she employed every endeavour to +fix him in her interests. [MN 2d March.] She held a conference with +him in an open plain near Winchester, where she promised, upon oath, +that if he would acknowledge her for sovereign, would recognize her +title as the sole descendant of the late king, and would again submit +to the allegiance which he, as well as the rest of the kingdom, had +sworn to her, he should in return be entire master of the +administration, and, in particular, should, at his pleasure, dispose +of all vacant bishoprics and abbeys. Earl Robert, her brother, Brian +Fitz-Count, Milo of Gloucester, and other great men, became guarantees +for her observing these engagements [a]; and the prelate was at last +induced to promise her allegiance, but that still burdened with the +express condition, that she should, on her part, fulfil her promises. +He then conducted her to Winchester, led her in procession to the +cathedral, and with great solemnity, in the presence of many bishops +and abbots, denounced curses against all those who cursed her, poured +out blessings on those who blessed her, granted absolution to such as +were obedient to her, and excommunicated such as were rebellious [b]. +Theobald, Archbishop of Canterbury, soon after came also to court, and +swore allegiance to the empress [c]. +[FN [a] W. Malm. p. 187. [b] Chron. Sax. p. 242. Contin. Flor. Wig. +p. 676. [c] W. Malmes p. 187.] + +[MN Matilda crowned.] Matilda, that she might farther ensure the +attachment of the clergy, was willing to receive the crown from their +hands; and instead of assembling the states of the kingdom, the +measure which the constitution, had it been either fixed or regarded, +seemed necessarily to require, she was content that the legate should +assemble an ecclesiastical synod, and that her title to the throne +should there be acknowledged. The legate, addressing himself to the +assembly, told them, that in the absence of the empress, Stephen, his +brother, had been permitted to reign, and, previously to his ascending +the throne, had induced them by many fair promises, of honouring and +exalting the church, of maintaining the laws, and of reforming all +abuses: that it grieved him to observe how much that prince had, in +every particular, been wanting to his engagements; public peace was +interrupted, crimes were daily committed with impunity, bishops were +thrown into prison and forced to surrender their possessions, abbeys +were put to sale, churches were pillaged, and the most enormous +disorders prevailed in the administration: that he himself, in order +to procure a redress of these grievances, had formerly summoned the +king before a council of bishops; but, instead of inducing him to +amend his conduct, had rather offended him by that expedient: that, +how much soever misguided, that prince was still his brother, and the +object of his aflections; but his interests, however, must be regarded +as subordinate to those of their heavenly Father, who had now rejected +him, and thrown him into the hands of his enemies: that it principally +belonged to the clergy to elect and ordain kings; he had summoned them +together for that purpose and having invoked the divine assistance; he +now pronounced Matilda, the only descendant of Henry, the late +sovereign, Queen of England. The whole assembly by their acclamations +or silence, gave, or seemed to give, their assent to this declaration +[d]. +[FN [d] W. Malmes. p. 188. This author, a judicious man, was present, +and says, that he was very attentive to what passed. This speech, +therefore, may he regarded as entirely genuine.] + +The only laymen summoned to this council, which decided the fate of +the crown, were the Londoners; and even these were required not to +give their opinion but to submit to the decrees of the synod. The +deputies of London, however, were not so passive: they insisted that +their king should be delivered from prison; but were told by the +legate, that it became not the Londoners, who were regarded as +noblemen in England, to take part with those barons, who had basely +forsaken their lord in battle, and who had treated the holy church +with contumely [e]: it is with reason that the citizens of London +assumed so much authority, if it be true, what is related by +Fitz-Stephen, a contemporary author, that that city could at this time +bring into the field no less than eighty thousand combatants [f]. +[FN [e] W. Malmes. p. 188. [f] P. 4. Were this account to be depended +on, London must at that time have contained near four hundred thousand +inhabitants, which is above double the number it contained at the +death of Queen Elizabeth. But these loose calculations, or rather +guesses, deserve very little credit. Peter of Blois, a contemporary +writer, and a man of sense, says there were then only forty thousand +inhabitants in London, which is much more likely. See Epist. 151. +What Fitz-Stephen says of the prodigious riches, splendour, and +commerce of London, proves only the great poverty of the other towns +of the kingdom, and indeed of all the northern parts of Europe.] + +London, notwithstanding its great power, and its attachment to +Stephen, was at length obliged to submit to Matilda; and her +authority, by the prudent conduct of Earl Robert, seemed to be +established over the whole kingdom: but affairs remained not long in +this situation. That princess, besides the disadvantages of her sex, +which weakened her influence over a turbulent and martial people, was +of a passionate, imperious spirit, and knew not how to temper with +affability the harshness of a refusal. Stephen's queen, seconded by +many of the nobility, petitioned for the liberty of her husband; and +offered that, on this condition, he should renounce the crown and +retire into a convent. The legate desired that Prince Eustace, his +nephew, might inherit Boulogne and the other patrimonial estates of +his father [g]: the Londoners applied for the establishment of King +Edward's laws, instead of those of King Henry, which, they said, were +grievous and oppressive [h]. All these petitions were rejected in the +most haughty and peremptory manner. +[FN [g] Brompton, p. 1031. [h] Contin. Flor. Wig. p. 577. Gervase, +p. 1355.] + +The legate, who had probably never been sincere in his compliance with +Matilda's government, availed himself of the ill-humour excited by +this imperious conduct, and secretly instigated the Londoners to a +revolt. A conspiracy was entered into to seize the person of the +empress; and she saved herself from the danger by a precipitate +retreat. She fled to Oxford: soon after she went to Winchester; +whither the legate, desirous to save appearances, and watching the +opportunity to ruin her cause, had retired. But having assembled all +his retainers, he openly joined his force to that of the Londoners, +and to Stephen's mercenary troops, who had not yet evacuated the +kingdom; and he besieged Matilda in Winchester. The princess, being +hard pressed by famine, made her escape; but in the flight, Earl +Robert, her brother, fell into the hands of the enemy. This nobleman, +though a subject, was as much the life and soul of his own party, as +Stephen was of the other; [MN Stephen released.] and the empress, +sensible of his merit and importance, consented to exchange the +prisoners on equal terms. The civil war was again kindled with +greater fury than ever. + +[MN 1142.] Earl Robert, finding the successes on both sides nearly +balanced, went over to Normandy, which, during Stephen's captivity, +had submitted to the Earl of Anjou; and he persuaded Geoffrey to allow +his eldest son, Henry, a young prince of great hopes, to take a +journey into England, and appear at the head of his partisans. This +expedient, however, produced nothing decisive. Stephen took Oxford +after a long siege [MN 1143.]: he was defeated by Earl Robert at +Wilton: and the empress, though of a masculine spirit, yet being +harassed with a variety of good and bad fortune, and alarmed with +continual dangers to her person and family, at last retired into +Normandy, whither she had sent her son some time before. [MN 1146. +Continuation of the civil wars.] The death of her brother, which +happened nearly about the same time, would have proved fatal to her +interests, had not some incidents occurred which checked the course of +Stephen's prosperity. This prince, finding that the castles built by +the noblemen of his own party encouraged the spirit of independence, +and were little less dangerous than those which remained in the hands +of the enemy, endeavoured to extort from them a surrender of those +fortresses; and he alienated the affections of many of them by this +equitable demand. The artillery also of the church, which his brother +had brought over to his side, had, after some interval, joined the +other party. Eugenius III. had mounted the papal throne; the Bishop +of Winchester was deprived of the legatine commission, which was +conferred on Theobald, Archbishop of Canterbury, the enemy and rival +of the former legate. That pontiff also, having summoned a general +council at Rheims, in Champaigne, instead of allowing the church of +England, as had been usual, to elect its own deputies, nominated five +English bishops to represent that church, and required their +attendance in the council. Stephen, who, notwithstanding his present +difficulties, was jealous of the rights of his crown, refused them +permission to attend [i]; and the pope, sensible of his advantage in +contending with a prince who reigned by a disputed title, took revenge +by laying all Stephen's party under an interdict [k]. [MN 1147.] The +discontents of the royalists, at being thrown into this situation, +were augmented by a comparison with Matilda's party, who enjoyed all +the benefits of the sacred ordinances; and Stephen was at last +obliged, by making proper submissions to the see of Rome, to remove +the reproach from his party [l]. +[FN [i] Epist. St. Thom. p. 225. [k] Chron. W. Thorn. p. 1807. [l] +Epist St. Thom. p. 226.] + +[MN 1148.] The weakness of both sides, rather than any decrease of +mutual animosity, having produced a tacit cessation of arms in +England, many of the nobility, Roger de Moubray, William de Warenne, +and others, finding no opportunity to exert their military ardour at +home, enlisted themselves in a new crusade, which, with surprising +success, after former disappointments and misfortunes, was now +preached by St. Bernard [m]. But an event soon after happened which +threatened a revival of hostilities in England. Prince Henry, who had +reached his sixteenth year, was desirous of receiving the honour of +knighthood; a ceremony which every gentleman in that age passed +through before he was admitted to the use of arms, and which was even +deemed requisite for the greatest princes. He intended to receive his +admission from his great-uncle, David, King of Scotland; and for that +purpose he passed through England with a great retinue, and was +attended by the most considerable of his partisans. He remained some +time with the King of Scotland; made incursions into England; and by +his dexterity and vigour in all manly exercises, by his valour in war, +and his prudent conduct in every occurrence, he roused the hopes of +his party, and gave symptoms of those great qualities which he +afterwards displayed when he mounted the throne of England. [MN +1150.] Soon after his return to Normandy, he was, by Matilda's +consent, invested in that duchy; and upon the death of his father, +Geoffrey, which happened in the subsequent year, he took possession +both of Anjou and Maine, and concluded a marriage, which brought him a +great accession of power, and rendered him extremely formidable to his +rival. Eleanor, the daughter and heir of William, Duke of Guienne and +Earl of Poictou, had been married sixteen years to Lewis VII. King of +France, [MN 1152.] and had attended him in a crusade, which that +monarch conducted against the infidels; but having there lost the +affections of her husband, and even fallen under some suspicion of +gallantry with a handsome Saracen, Lewis, more delicate than politic, +procured a divorce from her, and restored her those rich provinces, +which by her marriage she had annexed to the crown of France. Young +Henry, neither discouraged by the inequality of years, nor by the +reports of Eleanor's gallantries, made successful courtship to that +princess, and, espousing her six weeks after her divorce, got +possession of all her dominions as her dowry. The lustre which he +received from this acquisition, and the prospect of his rising +fortune, had such an effect in England, that, when Stephen, desirous +to ensure the crown to his son Eustace, required the Archbishop of +Canterbury to anoint that prince as his successor, the primate refused +compliance, and made his escape beyond sea, to avoid the violence and +resentment of Stephen. +[FN [m] Hagulst. p. 275, 276.] + +[MN 1153.] Henry, informed of these dispositions in the people, made +an invasion on England. Having gained some advantage over Stephen at +Malmesbury, and having taken that place, he proceeded thence to throw +succours into Wallingford, which the king had advanced with a superior +army to besiege. A decisive action was every day expected; when the +great men of both sides, terrified at the prospect of farther +bloodshed and confusion, interposed with their good offices, and set +on foot a negotiation between the rival princes. The death of +Eustace, during the course of the treaty, facilitated its conclusion; +[MN Compromise between the king and Prince Henry.] an accommodation +was settled, by which it was agreed, that Stephen should possess the +crown during his lifetime, that justice should be administered in his +name, even in the provinces which had submitted to Henry, and that +this latter prince should, on Stephen's demise, succeed to the +kingdom, and William, Stephen's son, to Boulogne and his patrimonial +estate. After all the barons had sworn to the observance of this +treaty, and done homage to Henry, as to the heir of the crown, that +prince evacuated the kingdom; [MN Death of the king, Oct. 25, 1154.] +and the death of Stephen, which happened the next year, after a short +illness, prevented all those quarrels and jealousies which were likely +to have ensued in so delicate a situation. + +England suffered great miseries during the reign of this prince: but +his personal character, allowing for the temerity and injustice of his +usurpation, appears not liable to any great exception; and he seems to +have been well qualified, had he succeeded by a just title, to have +promoted the happiness and prosperity of his subjects [n]. He was +possessed of industry, activity, and courage, to a great degree; +though not endowed with a sound judgment, he was not deficient in +abilities; he had the talent of gaining men's affections; and +notwithstanding his precarious situation, he never indulged himself in +the exercise of any cruelty or revenge [o]. His advancement to the +throne procured him neither tranquillity nor happiness; and though the +situation of England prevented the neighbouring states from taking any +durable advantage of her confusions, her intestine disorders were to +the last degree ruinous and destructive. The court of Rome was also +permitted, during those civil wars, to make farther advances in her +usurpations; and appeals to the pope, which had always been strictly +prohibited by the English laws, became now common in every +ecclesiastical controversy [p]. +[FN [n] W. Malm. p. 180. [o] M. Paris, p. 51. Hagul. p. 312. [p] H. +Hunt. p. 395.] + + + + +CHAPTER VIII. + +HENRY II. + +STATE OF EUROPE--OF FRANCE.--FIRST ACTS OF HENRY'S GOVERNMENT-- +DISPUTES BETWEEN THE CIVIL AND ECCLESIASTICAL POWERS.--THOMAS A BECKET, +ARCHBISHOP OF CANTERBURY.--QUARREL BETWEEN THE KING AND BECKET.-- +CONSTITUTIONS OF CLARENDON.--BANISHMENT OF BECKET.--COMPROMISE WITH +HIM.--HIS RETURN FROM BANISHMENT.--HIS MURDER--GRIEF AND SUBMISSION OF +THE KING. + + + +[MN 1154. State of Europe] +The extensive confederacies by which the European potentates are now +at once united and set in opposition to each other, and which, though +they are apt to diffuse the least spark of dissension throughout the +whole, are at least attended with this advantage, that they prevent +any violent revolutions or conquests in particular states, were +totally unknown in ancient ages; and the theory of foreign politics, +in each kingdom, formed a speculation much less complicated and +involved than at present. Commerce had not yet bound together the +most distant nations in so close a chain: wars, finished in one +campaign, and often in one battle, were little affected by the +movements of remote states: the imperfect communication among the +kingdoms, and their ignorance of each other's situation, made it +impracticable for a great number of them to combine in one project or +effort: and above all, the turbulent spirit and independent situation +of the barons or great vassals in each state gave so much occupation +to the sovereign, that he was obliged to confine his attention chiefly +to his own state and his own system of government, and was more +indifferent about what passed among his neighbours. Religion alone, +not politics, carried abroad the views of princes; while it either +fixed their thoughts on the Holy Land, whose conquest and defence was +deemed a point of common honour and interest, or engaged them in +intrigues with the Roman pontiff, to whom they had yielded the +direction of ecclesiastical affairs, and who was every day assuming +more authority than they were willing to allow him. + +Before the conquest of England by the Duke of Normandy, this island +was as much separated from the rest of the world in politics as in +situation; and except from the inroads of the Danish pirates, the +English, happily confined at home, had neither enemies nor allies on +the continent. The foreign dominions of William connected them with +the king and great vassals of France; and while the opposite +pretensions of the pope and emperor in Italy produced a continual +intercourse between Germany and that country, the two great monarchs +of France and England formed, in another part of Europe, a separate +system; and carried on their wars and negotiations, without meeting +either with opposition or support from the others. + +[MN State of France.] +On the decline of the Carlovingian race, the nobles in every province +of France, taking advantage of the weakness of the sovereign, and +obliged to provide, each for his own defence, against the ravages of +the Norman freebooters, had assumed, both in civil and military +affairs, an authority almost independent, and had reduced within very +narrow limits the prerogative of their princes. The accession of Hugh +Capet, by annexing a great fief to the crown, had brought some +addition to the royal dignity; but this fief, though considerable for +a subject, appeared a narrow basis of power for a prince who was +placed at the head of so great a community. The royal demesnes +consisted only of Paris, Orleans, Estampes, Compeigne, and a few +places scattered over the northern provinces: in the rest of the +kingdom, the prince's authority was rather nominal than real: the +vassals were accustomed, nay entitled, to make war, without his +permission, on each other: they were even entitled, if they conceived +themselves injured, to turn their arms against their sovereign: they +exercised all civil jurisdiction, without appeal, over their tenants +and inferior vassals: their common jealousy of the crown easily united +them against any attempt on their exorbitant privileges; and as some +of them had attained the power and authority of great princes, even +the smallest baron was sure of immediate and effectual protection. +Besides six ecclesiastical peerages, which, with the other immunities +of the church, cramped extremely the general execution of justice, +there were six lay peerages, Burgundy, Normandy, Guienne, Flanders, +Toulouse, and Champaigne, which formed very extensive and puissant +sovereignties. And though the combination all those princes and +barons could, on urgent occasions, muster a mighty power; yet it was +very difficult to set that great machine in movement; it was almost +impossible to preserve harmony in its parts; a sense of common +interest alone could, for a time, unite them under their sovereign +against a common enemy; but if the king attempted to turn the force of +the community against any mutinous vassal, the same sense of common +interest made the others oppose themselves to the success of his +pretensions. Lewis the Gross, the last sovereign, marched at one time +to his frontiers against the Germans at the head of an army of two +hundred thousand men; but a petty lord of Corbeil, of Puiset, of +Couci, was able, at another period, to set that prince at defiance, +and to maintain open war against him. + +The authority of the English monarch was much more extensive within +his kingdom, and the disproportion much greater between him and the +most powerful of his vassals. His demesnes and revenue were large, +compared to the greatness of his state: he was accustomed to levy +arbitrary exactions on his subjects; his courts of judicature extended +their jurisdiction into every part of the kingdom: he could crush by +his power, or by a judicial sentence, well or ill founded, any +obnoxious baron: and though the feudal institutions which prevailed in +his kingdom had the same tendency as in other states to exalt the +aristocracy and depress the monarchy, it required, in England, +according to its present constitution, a great combination of the +vassals to oppose their sovereign lord, and there had not hitherto +arisen any baron so powerful, as of himself to levy war against the +prince, and to afford protection to the inferior barons. + +While such were the different situations of France and England, and +the latter enjoyed so many advantages above the former, the accession +of Henry II., a prince of great abilities, possessed of so many rich +provinces on the continent, might appear an event dangerous, if not +fatal, to the French monarchy, and sufficient to break entirely the +balance between the states. He was master, in the right of his +father, of Anjou and Touraine; in that of his mother, of Normandy and +Maine; in that of his wife, of Guienne, Poictou, Xaintogne, Auvergne, +Perigord, Angoumois, the Limousin. He soon after annexed Britany to +his other states, and was already possessed of the superiority over +that province, which, on the first cession of Normandy to Rollo, the +Dane, had been granted by Charles the Simple, in vassalage to that +formidable ravager. These provinces composed above a third of the +whole French monarchy, and were much superior, in extent and opulence, +to those territories which were subjected to the immediate +jurisdiction and government of the king. The vassal was here more +powerful than his liege lord: the situation which had enabled Hugh +Capet to depose the Carlovingian princes seemed to be renewed, and +that with much greater advantages on the side of the vassal; and when +England was added to so many provinces, the French king had reason to +apprehend, from this conjuncture, some great disaster to himself and +to his family: but in reality, it was this circumstance, which +appeared so formidable, that saved the Capetian race, and, by its +consequences, exalted them to that pitch of grandeur which they at +present enjoy. + +The limited authority of the prince in the feudal constitutions +prevented the King of England from employing with advantage the force +of so many states, which were subjected to his government; and these +different members, disjoined in situation, and disagreeing in laws, +language, and manners, were never thoroughly cemented into one +monarchy. He soon became, both from his distant place of residence, +and from the incompatibility of interests, a kind of foreigner to his +French dominions; and his subjects on the continent considered their +allegiance as more naturally due to their superior lord, who lived in +their neighbourhood, and who was acknowledged to be the supreme head +of their nation. He was always at hand to invade them; their +immediate lord was often at too great a distance to protect them; and +any disorder in any part of his dispersed dominions gave advantages +against him. The other powerful vassals of the French crown were +rather pleased to see the expulsion of the English, and were not +affected with that jealousy, which would have arisen from the +oppression of a co-vassal, who was of the same rank with themselves. +By this means, the King of France found it more easy to conquer those +numerous provinces from England, than to subdue a Duke of Normandy or +Guienne, a Count of Anjou, Maine, or Poictou. And after reducing such +extensive territories, which immediately incorporated with the body of +the monarchy, he found greater facility in uniting to the crown the +other great fiefs which still remained separate and independent. + +But as these important consequences could not be foreseen by human +wisdom, the King of France remarked with terror the rising grandeur of +the house of Anjou, or Plantagenet; and, in order to retard its +progress, he had ever maintained a strict union with Stephen, and had +endeavoured to support the tottering fortunes of that bold usurper. +But after this prince's death it was too late to think of opposing the +succession of Henry, or preventing the performance of those +stipulations which, with the unanimous consent of the nation, he had +made with his predecessor. The English, harassed with civil wars, and +disgusted with the bloodshed and depredations which, during the course +of so many years, had attended them, were little disposed to violate +their oaths, by excluding the lawful heir from the succession of their +monarchy [a]. Many of the most considerable fortresses were in the +hands of his partisans; the whole nation had had occasion to see the +noble qualities with which he was endowed [b], and to compare them +with the mean talents of William the son of Stephen; and as they were +acquainted with his great power, and were rather pleased to see the +accession of so many foreign dominions to the crown of England, they +never entertained the least thoughts of resisting them. Henry +himself, sensible of the advantages attending his present situation, +was in no hurry to arrive in England; and being engaged in the siege +of a castle on the frontiers of Normandy, when he received +intelligence of Stephen's death, [MN Dec.] he made it a point of +honour not to depart from his enterprise till he had brought it to an +issue. He then set out on his journey and was received in England +with the acclamations of all orders of men, who swore with pleasure +the oath of fealty and allegiance to him. +[FN [a] Matt. Paris, p. 65. [b] Gul. Neubr. p. 381.] + +[MN 1155. First acts of Henry's government.] +The first acts of Henry's government corresponded to the high idea +entertained of his abilities, and prognosticated the re-establishment +of justice and tranquillity, of which the kingdom had so long been +bereaved. He immediately dismissed all those mercenary soldiers who +had committed great disorders in the nation; and he sent them abroad, +together with William of Ypres, their leader, the friend and confidant +of Stephen [c]. He revoked all the grants made by his predecessor +[d], even those which necessity had extorted from the Empress Matilda; +and that princess, who had resigned her rights in favour of Henry, +made no opposition to a measure so necessary for supporting the +dignity of the crown. He repaired the coin, which had been extremely +debased during the reign of his predecessor; and he took proper +measures against the return of a like abuse [e]. He was vigorous in +the execution of justice, and in the suppression of robbery and +violence; and that he might restore authority to the laws, he caused +all the new erected castles to be demolished, which had proved so many +sanctuaries to freebooters and rebels [f]. The Earl of Albemarle, +Hugh Mortimer, and Roger the son of Milo of Gloucester, were inclined +to make some resistance to this salutary measure; but the approach of +the king with his forces soon obliged them to submit. +[FN [c] Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. Chron. +T. Wykes, p. 30. [d] Neub. p. 382. [e] Hoveden, p. 491. [f] +Hoveden, p. 491. Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. +Brompton, p. 1043.] + +[MN 1156.] Every thing being restored to full tranquillity in +England, Henry went abroad in order to oppose the attempts of his +brother Geoffrey, who, during his absence, had made an incursion into +Anjou and Maine, had advanced some pretensions to those provinces, and +had got possession of a considerable part of them [g]. On the king's +appearance, the people returned to their allegiance; and Geoffrey, +resigning his claim for an annual pension of a thousand pounds, +departed and took possession of the county of Nantz, which the +inhabitants, who had expelled Count Hoel, their prince, had put into +his hands. [MN 1157.] Henry returned to England the following year: +the incursions of the Welsh then provoked him to make an invasion upon +them; where the natural fastnesses of the country occasioned him great +difficulties, and even brought him into danger. His vanguard, being +engaged in a narrow pass, was put to rout. Henry de Essex, the +hereditary standard-bearer, seized with a panic, threw down the +standard, took to flight and exclaimed, that the king. was slain: and +had not the prince immediately appeared in person, and led on his +troops with great gallantry, the consequences might have proved fatal +to the whole army [h]. For this misbehaviour, Essex was afterwards +accused of felony by Robert de Montfort; was vanquished in single +combat; his estate was confiscated; and he himself was thrust into a +convent [i]. The submissions of the Welsh procured them an +accommodation with England. +[FN [g] See note [O], at the end of the volume. [h] Neubr. p. 383. +Chron. W. Heming. p. 492. [i] M. Paris, p. 70 Neubr. p. 383.] + +[MN 1158.] The martial disposition of the princes in that age engaged +them to head their own armies in every enterprise, even the most +frivolous; and their feeble authority made it commonly impracticable +for them to delegate, on occasion, the command to their generals. +Geoffrey, the king's brother, died soon after he had acquired +possession of Nantz: though he had no other title to that county than +the voluntary submission or election of the inhabitants two years +before, Henry laid claim to the territory as devolved to him by +hereditary right, and he went over to support his pretensions by force +of arms. Conan, Duke or Earl of Britany, (for these titles are given +indifferently by historians to those princes,) pretended that Nantz +had been lately separated by rebellion from his principality, to which +of right it belonged; and immediately on Geoffrey's death he took +possession of the disputed territory. Lest Lewis, the French king, +should interpose in the controversy, Henry paid him a visit; and so +allured him by caresses and civilities, that an alliance was +contracted between them; and they agreed that young Henry, heir to the +English monarchy, should be affianced to Margaret of France though the +former was only five years of age, and the latter was still in her +cradle. Henry, now secure of meeting with no interruption on this +side, advanced with his army into Britany; and Conan, in despair of +being able to make resistance, delivered up the county of Nantz to +him. The able conduct of the king procured him farther and more +important advantages from this incident. Conan, harassed with the +turbulent disposition of his subjects, was desirous of procuring to +himself the support of so great a monarch; and he betrothed his +daughter and only child, yet an infant, to Geoffrey, the king's third +son, who was of the same tender years. The Duke of Britany died about +seven years after; and Henry being MESNE lord, and also natural +guardian to his son and daughter-in-law, put himself in possession of +that principality, and annexed it for the present to his other great +dominions. + +[MN 1159.] The king had a prospect of making still farther +acquisitions; and the activity of his temper suffered no opportunity +of that kind to escape him. Philippa, Duchess of Guienne, mother of +Queen Eleanor, was the only issue of William IV., Count of Toulouse; +and would have inherited his dominions, had not that prince, desirous +of preserving the succession in the male line, conveyed the +principality to his brother, Raymond de St. Gilles, by a contract of +sale which was in that age regarded as fictitious and illusory. By +this means the title to the county of Toulouse came to be disputed +between the male and female heirs; and the one or the other, as +opportunities favoured them, had obtained possession. Raymond, +grandson of Raymond de St. Gilles, was the reigning sovereign; and on +Henry's reviving his wife's claim, this prince had recourse for +protection to the King of France, who was so much concerned in policy +to prevent the farther aggrandizement of the English monarch. Lewis +himself, when married to Eleanor, had asserted the justice of her +claim, and had demanded possession of Toulouse [k]; but his sentiments +changing with his interest, he now determined to defend, by his power +and authority, the title of Raymond. Henry found that it would be +requisite to support his pretensions against potent antagonists; and +that nothing but a formidable army could maintain a claim which he had +in vain asserted by arguments and manifestoes. +[FN [k] Neubr. p. 387. Chron. W. Heming. p. 494.] + +An army, composed of feudal vassals, was commonly very intractable and +undisciplined, both because of the independent spirit of the persons +who served in it, and because the commands were not given, either by +the choice of the sovereign, or from the military capacity and +experience of the officers. Each baron conducted his own vassals: his +rank was greater or less, proportioned to the extent of his property: +even the supreme command under the prince was often attached to birth; +and as the military vassals were obliged to serve only forty days at +their own charge; though if the expedition were distant, they were put +to great expense; the prince reaped little benefit from their +attendance. Henry, sensible of these inconveniences, levied upon his +vassals in Normandy, and other provinces which were remote from +Toulouse, a sum of money in lieu of their service; and this +commutation, by reason of the great distance, was still more +advantageous to his English vassals. He imposed, therefore, a scutage +of one hundred and eighty thousand pounds on the knight's fees, a +commutation to which, though it was unusual, and the first perhaps to +be met with in history [l], the military tenants willingly submitted; +and with this money he levied an army which was more under his +command, and whose service was more durable and constant. Assisted by +Berenger, Count of Barcelona, and Trincaval, Count of Nismes, whom he +had gained to his party, he invaded the county of Toulouse; and after +taking Verdun, Castlenau, and other places, he besieged the capital of +the province, and was likely to prevail in the enterprise: when Lewis, +advancing before the arrival of his main body, threw himself into the +place with a small reinforcement. [MN 1160.] Henry was urged by some +of his ministers to prosecute the siege, to take Lewis prisoner, and +to impose his own terms in the pacification; but he either thought it +so much his interest to maintain the feudal principles, by which his +foreign dominions were secured, or bore so much respect to his +superior lord, that he declared he would not attack a place defended +by him in person; and he immediately raised the siege [m]. He marched +into Normandy, to protect that province against an incursion which the +Count of Dreux, instigated by King Lewis, his brother, had made upon +it. War was now openly carried on between the two monarchs, but +produced no memorable event: it soon ended in a cessation of arms, and +that followed by a peace, which was not, however, attended with any +confidence or good correspondence between those rival princes. The +fortress of Gisors, being part of the dowry stipulated to Margaret of +France, had been consigned by agreement to the Knights Templars, on +condition that it should be delivered into Henry's hands after the +celebration of the nuptials. The king, that he might have a pretence +for immediately demanding the place, ordered the marriage to be +solemnized between the prince and princess, though both infants [n]; +and he engaged the Grand Master of the Templars, by large presents, as +was generally suspected, to put him in possession of Gisors [o]. [MN +1161.] Lewis, resenting this fraudulent conduct, banished the +Templars, and would have made war upon the King of England, had it not +been for the mediation and authority of Pope Alexander III., who had +been chased from Rome by the anti-pope, Victor IV., and resided at +that time in France. That we may form an idea of the authority +possessed by the Roman pontiff during those ages, it may be proper to +observe, that the two kings had, the year before, met the pope at the +castle of Torci, on the Loire; and they gave him such marks of +respect, that both dismounted to receive him, and holding each of them +one of the reins of his bridle, walked on foot by his side, and +conducted him in that submissive manner into the castle [p]. A +SPECTACLE, cries Baronius in an ecstasy, TO GOD, ANGELS AND MEN; AND +SUCH AS HAD NEVER BEFORE BEEN EXHIBITED TO THE WORLD! +[FN [l] Madox, p. 435. Gervase, p. 1381. See Note [P], at the end of +the volume. [m] Fitz-Steph. p. 22. Diceto, p. 531. [n] Hoveden, p. +492. Neubr. p. 400. Diceto, p. 532. Brompton, p. 1450. [o] Since +the first publication of this history, Lord Lyttelton has published a +copy of the treaty between Henry and Lewis, by which it appears, if +there was no secret article, that Henry was not guilty of any fraud in +this transaction. [p] Trivet, p. 48.] + +[MN 1162.] Henry, soon after he had accommodated his differences with +Lewis, by the pope's mediation, returned to England; where he +commenced an enterprise which, though required by sound policy, and +even conducted in the main with prudence, bred him great disquietude, +involved him in danger, and was not concluded without some loss and +dishonour. + +[MN Disputes between the civil and ecclesiastical powers.] +The usurpations of the clergy, which had at first been gradual, were +now become so rapid, and had mounted to such a height, that the +contest between the regale and pontificale was really arrived at a +crisis in England, and it became necessary to determine whether the +king or the priests, particularly the Archbishop of Canterbury, should +be sovereign of the kingdom [q]. The aspiring spirit of Henry, which +gave inquietude to all his neighbours, was not likely long to pay a +tame submission to the encroachments of subjects; and as nothing +opened the eyes of men so readily as their interests, he was in no +danger of falling, in this respect, into that abject superstition +which retained his people in subjection. From the commencement of his +reign, in the government of his foreign dominions, as well as of +England, he had shown a fixed purpose to repress clerical usurpations, +and to maintain those prerogatives which had been transmitted to him +by his predecessors. During the schism of the papacy between +Alexander and Victor, he had determined, for some time, to remain +neuter: and when informed that the Archbishop of Rouen and the Bishop +of Mans had, from their own authority, acknowledged Alexander as +legitimate pope, he was so enraged, that, though he spared the +archbishop on account of his great age, he immediately issued orders +for overthrowing the houses of the Bishop of Mans and Archdeacon of +Rouen [r]; and it was not till he had deliberately examined the +matter, by those views which usually enter into the councils of +princes, that he allowed that pontiff to exercise authority over any +of his dominions. In England, the mild character and advanced years +of Theobald, Archbishop of Canterbury, together with his merits in +refusing to put the crown on the head of Eustace, son of Stephen, +prevented Henry, during the lifetime of that primate, from taking any +measures against the multiplied encroachments of the clergy; but after +his death, the king resolved to exert himself with more activity, and +that he might be secure against any opposition, he advanced to that +dignity Becket, his chancellor, on whose compliance he thought he +could entirely depend. +[FN [q] Fitz-Stephen, p. 27. [r] See note [Q], at the end of the +volume.] + +[MN June 3. Thomas a Becket, Archbishop of Canterbury.] +Thomas a Becket, the first man of English descent who, since the +Norman conquest, had, during the course of a whole century, risen to +any considerable station, was born of reputable parents in the city of +London; and being endowed both with industry and capacity, he early +insinuated himself into the favour of Archbishop Theobald, and +obtained from that prelate some preferments and offices. By their +means he was enabled to travel for improvement to Italy, where he +studied the civil and canon law at Bologna; and on his return, he +appeared to have made such proficiency in knowledge, that he was +prompted by his patron to the Archdeaconry of Canterbury, an office of +considerable trust and profit. He was afterwards employed with +success by Theobald, in transacting business at Rome; and, on Henry's +accession, he was recommended to that monarch as worthy of farther +preferment. Henry. who knew that Becket had been instrumental in +supporting that resolution of the archbishop, which had tended so much +to facilitate his own advancement to the throne, was already pre- +possessed in his favour; and finding, on farther acquaintance, that +his spirit and abilities entitled him to any trust, he soon promoted +him to the dignity of chancellor, one of the first civil offices in +the kingdom. The chancellor, in that age, besides the custody of the +great seal, had possession of all vacant prelacies and abbeys; he was +the guardian of all such minors and pupils as were the king's tenants; +all baronies which escheated to the crown were under his +administration; he was entitled to a place in council, even though he +were not particularly summoned; and as he exercised also the office of +secretary of state, and it belonged to him to countersign all +commissions, writs, and letters patent, he was a kind of prime +minister, and was concerned in the despatch of every business of +importance [s]. Besides exercising this high office, Becket, by the +favour of the king or archbishop, was made Provost of Beverley, Dean +of Hastings, and Constable of the Tower: he was put in possession of +the honours of Eye and Berkham, large baronies that had escheated to +the crown: and, to complete his grandeur, he was intrusted with the +education of Prince Henry, the king's eldest son, and heir of the +monarchy [t]. The pomp of his retinue, the sumptuousness of his +furniture, the luxury of his table, the munificence of his presents, +corresponded to these great preferments; or rather exceeded any thing +that England had ever before seen in any subject. His historian and +secretary, Fitz-Stephens [u], mentions, among other particulars, that +his apartments were every day in winter covered with clean straw or +hay, and in summer with green rushes or boughs; lest the gentlemen who +paid court to him, and who could not, by reason of their great number, +find a place at table, should soil their fine clothes by sitting on a +dirty floor [w]. A great number of knights were retained in his +service; the greatest barons were proud of being received at his +table; his house was a place of education for the sons of the chief +nobility; and the king himself frequently vouchsafed to partake of his +entertainments. As his way of life was splendid and opulent, his +amusements and occupations were gay, and partook of the cavalier +spirit, which, as he had only taken deacon's orders, he did not think +unbefitting his character. He employed himself at leisure hours in +hunting, hawking, gaming, and horsemanship; he exposed his person in +several military actions [x]; he carried over, at his own charge, +seven hundred knights to attend the king in his wars at Toulouse; in +the subsequent wars on the frontiers of Normandy he maintained, during +forty days, twelve hundred knights, and four thousand of their train +[y]; and in an embassy to France, with which he was intrusted, he +astonished that court with the number and magnificence of his retinue. +[FN [s] Fitz-Steph. p. 13. [t] Fitz-Steph. p. 15. Hist. Quad. p. 9, +14. [u] P. 15. [w] John Baldwin held the manor of Oterarsfee, in +Aylesbury, of the king by soccage, by the service of finding litter +for the king's bed, viz. in summer, grass or herbs, and two grey +geese; and in winter, straw, and three eels, thrice in the year if the +king should come thrice in the year to Aylesbury. Madox, Bar. +Anglica, p. 247. [x] Fitz-Steph. p. 23. Hist. Quad. p. 9. [y] Fitz- +Steph. p. 19, 20, 22, 23.] + +Henry, besides committing all his more important business to Becket's +management, honoured him with his friendship and intimacy; and +whenever he was disposed to relax himself by sports of any kind, he +admitted his chancellor to the party [z] An instance of their +familiarity is mentioned by Fitz-Stephens, which, as it shows the +manners of the age, it may not be improper to relate. One day, as the +king and the chancellor were riding together in the streets of London, +they observed a beggar, who was shivering with cold. Would it not be +very praiseworthy, said the king, to give that poor man a warm coat in +this severe season? It would, surely, replied the chancellor; and you +do well, sir, in thinking of such good actions. Then he shall have +one presently, cried the king; and seizing the skirt of the +chancellor's coat, which was scarlet, and lined with ermine, began to +pull it violently. The chancellor defended himself for some time; and +they had both of them liked to have tumbled off their horses in the +street, when Becket, after a vehement struggle, let go his coat; which +the king bestowed on the beggar, who, being ignorant of the quality of +the persons, was not a little surprised at the present [a]. +[FN [z] Fitz-Steph. p. 16. Hist. Quad. p. 8. [a] Fitz-Steph. p. 16.] + +Becket, who, by his complaisance and good humour, had rendered himself +agreeable, and by his industry and abilities useful, to his master, +appeared to him the fittest person for supplying the vacancy made by +the death of Theobald. As he was well acquainted with the king's +intentions [b] of retrenching, or rather confining within the ancient +bounds, all ecclesiastical privileges, and always showed a ready +disposition to comply with them [c], Henry, who never expected any +resistance from that quarter, immediately issued orders for electing +him Archbishop of Canterbury. But this resolution, which was taken +contrary to the opinion of Matilda, and many of the ministers [d], +drew after it very unhappy consequences; and never prince of so great +penetration appeared, in the issue, to have so little understood the +genius and character of his minister. +[FN [b] Ibid. p. 17. [c] Ibid p. 23. Epist. St. Thom. p. 232. [d] +Epist. St. Thom. p. 167.] + +No sooner was Becket installed in this high dignity, which rendered +him for life the second person in the kingdom, with some pretensions +of aspiring to be the first, than he totally altered his demeanour and +conduct, and endeavoured to acquire the character of sanctity, of +which his former busy and ostentatious course of life might, in the +eyes of the people, have naturally bereaved him. Without consulting +the king, he immediately returned into his hands the commission of +chancellor; pretending that he must thenceforth detach himself from +secular affairs, and be solely employed in the exercise of his +spiritual function; but in reality, that he might break off all +connexions with Henry, and apprize him, that Becket, as Primate of +England, was now become entirely a new personage. He maintained in +his retinue and attendants alone his ancient pomp and lustre, which +was useful to strike the vulgar: in his own person he affected the +greatest austerity and most rigid mortification, which, he was +sensible, would have an equal or a greater tendency to the same end. +He wore sackcloth next his skin, which, by his affected care to +conceal it, was necessarily the more remarked by all the world: he +changed it so seldom, that it was filled with dirt and vermin: his +usual diet was bread; his drink water, which he even rendered farther +unpalatable by the mixture of unsavoury herbs: he tore his back with +the frequent discipline which he inflicted on it: he daily on his +knees washed, in imitation of Christ, the feet of thirteen beggars, +whom he afterwards dismissed with presents [e]: he gained the +affections of the monks by his frequent charities to the convents and +hospitals: every one who made profession of sanctity was admitted to +his conversation, and returned full of panegyrics on the humility as +well as on the piety and mortification of the holy primate: he seemed +to be perpetually employed in reciting prayers and pious lectures, or +in perusing religious discourses: his aspect wore the appearance of +seriousness and mental recollection, and secret devotion: and all men +of penetration plainly saw that he was meditating some great design +and that the ambition and ostentation of his character had turned +itself towards a new and more dangerous object. +[FN [e] Fitz-Steph. p. 25. Hist. Quad. p. 19.] + +[MN 1163. Quarrel between the king and Becket.] +Becket waited not till Henry should commence those projects against +the ecclesiastical power, which, he knew, had been formed by that +prince: he was himself the aggressor; and endeavoured to overawe the +king by the intrepidity and boldness of his enterprises. He summoned +the Earl of Clare to surrender the barony of Tunbridge, which, ever +since the Conquest, had remained in the family of that nobleman, but +which, as it had formerly belonged to the see of Canterbury, Becket +pretended his predecessors were prohibited by the canons to alienate. +The Earl of Clare, besides the lustre which he derived from the +greatness of his own birth, and the extent of his possessions, was +allied to all the principal families in the kingdom; his sister, who +was a celebrated beauty, had farther extended his credit among the +nobility, and was even supposed to have gained the king's affections; +and Becket could not better discover, than by attacking so powerful an +interest, his resolution of maintaining with vigour the rights, real +or pretended, of his see [f]. +[FN [f] Fitz-Steph. p. 28 Gervase, p. 1384.] + +William de Eynsford, a military tenant of the crown, was patron of a +living which belonged to a manor that held of the Archbishop of +Canterbury: but Becket, without regard to William's right, presented, +on a new and illegal pretext, one Laurence to that living, who was +violently expelled by Eynsford. The primate, making himself, as was +usual in spiritual courts, both judge and party, issued, in a summary +manner, the sentence of excommunication against Eynsford, who +complained to the king, that he who held IN CAPITE of the crown +should, contrary to the practice established by the Conqueror, and +maintained ever since by his successors, be subjected to that terrible +sentence, without the previous consent of the sovereign [g]. Henry, +who had now broken off all personal intercourse with Becket, sent him, +by a messenger, his orders to absolve Eynsford; but received for +answer, that it belonged not to the king to inform him whom he should +absolve and whom excommunicate [h]: and it was not till after many +remonstrances and menaces, that Becket, though with the worst grace +imaginable, was induced to comply with the royal mandate. +[FN [g] M. Paris, p. 7. Diceto, p. 536. [h] Fitz-Steph. p. 28.] + +Henry, though he found himself thus grievously mistaken in the +character of the person whom he had promoted to the primacy, +determined not to desist from his former intention of retrenching +clerical usurpations. He was entirely master of his extensive +dominions: the prudence and vigour of his administration, attended +with perpetual success, had raised his character above that of any of +his predecessors [i]: the papacy seemed to be weakened by a schism +which divided all Europe: and he rightly judged, that if the present +favourable opportunity were neglected, the crown must, from the +prevalent superstition of the people, be in danger of falling into an +entire subordination under the mitre. +[FN [i] Epist. St. Thom. p. 130.] + +The union of the civil and ecclesiastic power serves extremely, in +every civilized government, to the maintenance of peace and order; and +prevents those mutual encroachments which, as there can be no ultimate +judge between them, are often attended with the most dangerous +consequences. Whether the supreme magistrate, who unites these +powers, receives the appellation of prince or prelate, is not +material: the superior weight which temporal interests commonly bear +in the apprehensions of men above spiritual, renders the civil part of +his character most prevalent; and in time prevents those gross +impostures and bigoted persecutions, which, in all false religions, +are the chief foundation of clerical authority. But during the +progress of ecclesiastical usurpations, the state, by the resistance +of the civil magistrate, is naturally thrown into convulsions; and it +behoves the prince, both for his own interest and for that of the +public, to provide, in time, sufficient barriers against so dangerous +and insidious a rival. This precaution had hitherto been much +neglected in England, as well as in other Catholic countries; and +affairs at last seemed to have come to a dangerous crisis: a sovereign +of the greatest abilities was now on the throne: a prelate of the most +inflexible and intrepid character was possessed of the primacy: the +contending powers appeared to be armed with their full force, and it +was natural to expect some extraordinary event to result from their +conflict. + +Among their other inventions to obtain money, the clergy had +inculcated the necessity of penance as an atonement for sin; and +having again introduced the practice of paying them large sums as a +commutation, or species of atonement, for the remission of those +penances, the sins of the people, by these means, had become a revenue +to the priests; and the king computed that, by this invention alone, +they levied more money upon his subjects than flowed, by all the funds +and taxes, into the royal exchequer [k] That he might ease the people +of so heavy and arbitrary an imposition, Henry required that a civil +officer of his appointment should be present in all ecclesiastical +courts, and should, for the future, give his consent to every +composition which was made with sinners for their spiritual offences. +[FN [k] Fitz-Steph. p. 32.] + +The ecclesiastics, in that age, had renounced all immediate +subordination to the magistrate: they openly pretended to an +exemption, in criminal accusations, from a trial before courts of +justice; and were gradually introducing a like exemption in civil +causes: spiritual penalties alone could be inflicted on their +offences; and as the clergy had extremely multiplied in England, and +many of them were consequently of very low characters, crimes of the +deepest dye, murders, robberies, adulteries, rapes, were daily +committed with impunity by the ecclesiastics. It had been found, for +instance, on inquiry, that no less than a hundred murders had, since +the king's accession, been perpetrated by men of that profession, who +had never been called to account for these offences [l]; and holy +orders were become a full protection for all enormities. A clerk in +Worcestershire, having debauched a gentleman's daughter, had, at this +time, proceeded to murder the father: and the general indignation +against this crime moved the king to attempt the remedy of an abuse +which was become so palpable, and to require that the clerk should be +delivered up, and receive condign punishment from the magistrate [m]. +Becket insisted on the privileges of the church; confined the criminal +in the bishop's prison, lest he should be seized by the king's +officers; maintained that no greater punishment could be inflicted on +him than degradation; and when the king demanded, that, immediately +after he was degraded, he should be tried by the civil power, the +primate asserted, that it was iniquitous to try a man twice upon the +same accusation, and for the same offence [n]. +[FN [l] Neubr. p. 394. [m] Fitz-Steph. p. 33. Hist. Quad. p. 32. +[n] Fitz-Steph. p. 29. Hist. Quad. p. 33, 45. Hoveden, p. 492. M. +Paris, p. 72. Diceto, p. 536, 537. Brompton, p. 1058. Gervase, p. +1384. Epist. St. Thom. p. 208, 209.] + +Henry, laying hold of so plausible a pretence, resolved to push the +clergy with regard to all their privileges, which they had raised to +an enormous height, and to determine at once those controversies, +which daily multiplied between the civil and the ecclesiastical +jurisdictions. He summoned an assembly of all the prelates of +England; and he put to them this concise and decisive question, +Whether or not they were willing to submit to the ancient laws and +customs of the kingdom? The bishops unanimously replied, that they +were willing, SAVING THEIR OWN ORDER [o]: a device by which they +thought to elude the present urgency of the king's demand, yet reserve +to themselves, on a favourable opportunity, the power of resuming all +their pretensions. The king was sensible of the artifice, and was +provoked to the highest indignation. He left the assembly, with +visible marks of his displeasure: he required the primate instantly to +surrender the honours and castles of Eye and Berkham: the bishops were +terrified, and expected still farther effects of his resentment. +Becket alone was inflexible; and nothing but the interposition of the +pope's legate and almoner, Philip, who dreaded a breach with so +powerful a prince at so unseasonable a juncture, could have prevailed +on him to retract the saving clause, and give a general and absolute +promise of observing the ancient customs [p]. +[FN [o] Fitz-Steph. p. 31. Hist. Quad. p. 34. Hoveden, p. 492. [p] +Hist. Quad. p. 37. Hoveden, p. 493. Gervase, p. 1385.] + +But Henry was not content with a declaration in these general terms: +he resolved, ere it was too late, to define expressly those customs +with which he required compliance, and to put a stop to clerical +usurpations before they were fully consolidated, and could plead +antiquity, as they already did a sacred authority, in their favour. +The claims of the church were open and visible. After a gradual and +insensible progress during many centuries, the mask had at last been +taken off; and several ecclesiastical councils, by their canons which +were pretended to be irrevocable and infallible, had positively +defined those privileges and immunities which gave such general +offence, and appeared so dangerous to the civil magistrate. Henry, +therefore, deemed it necessary to define with the same precision the +limits of the civil power; to oppose his legal customs to their divine +ordinances; to determine the exact boundaries of the rival +jurisdictions; and for this purpose he summoned a general council of +the nobility and prelates at Clarendon, to whom he submitted this +great and important question. + +[MN 1164. 15th Jan. Constitutions of Clarendon.] +The barons were all gained to the king's party, either by the reasons +which he urged, or by his superior authority: the bishops were +overawed by the general combination against them: and the following +laws, commonly called the CONSTITUTIONS OF CLARENDON, were voted +without opposition by this assembly [q]. It was enacted, that all +suits concerning the advowson and presentation of churches should be +determined in the civil courts: that the churches belonging to the +king's see should not be granted in perpetuity without his consent: +that clerks, accused of any crime, should be tried in the civil +courts: that no person, particularly no clergyman of any rank, should +depart the kingdom without the king's licence: that excommunicated +persons should not be bound to give security for continuing in their +present place of abode: that laics should not be accused in spiritual +courts, except by legal and reputable promoters and witnesses: that no +chief tenant of the crown should be excommunicated, nor his lands be +put under an interdict, except with the king's consent: that all +appeals in spiritual causes should be carried from the archdeacon to +the bishop, from the bishop to the primate, from him to the king; and +should be carried no farther without the king's consent: that if any +lawsuit arose between a layman and a clergyman concerning a tenant, +and it be disputed whether the land be a lay or an ecclesiastical fee, +it should first be determined by the verdict of twelve lawful men to +what class it belonged; and if it be found to be a lay-fee, the cause +should finally be determined in the civil courts: that no inhabitant +in demesne should be excommunicated for non-appearance in a spiritual +court, till the chief officer of the place where he resides be +consulted, that he may compel him by the civil authority to give +satisfaction to the church: that the archbishops, bishops, and other +spiritual dignitaries, should be regarded as barons of the realm; +should possess the privileges and be subjected to the burdens +belonging to that rank; and should be bound to attend the king in his +great councils, and assist at all trials, till the sentence, either of +death or loss of members, be given against the criminal: that the +revenue of vacant sees should belong to the king; the chapter, or such +of them as he pleases to summon, should sit in the king's chapel till +they made the new election with his consent, and that the bishop-elect +should do homage to the crown: that if any baron or tenant IN CAPITE +should refuse to submit to the spiritual courts, the king should +employ his authority in obliging him to make such submissions; if any +of them throw off his allegiance to the king, the prelates should +assist the king with their censures in reducing him: that goods +forfeited to the king should not be protected in churches or +churchyards: that the clergy should no longer pretend to the right of +enforcing payment of debts contracted by oath or promise; but should +leave these lawsuits, equally with others, to the determination of the +civil courts: and that the sons of villains should not be ordained +clerks, without the consent of their lord [r]. +[FN [q] Fitz-Steph. p. 33. [r] Hist. Quad. p. 163. M. Paris, p. 70, +71. Spellm. Conc. vol. ii. p. 63. Gervase, p. 1386, 1387. Wilkins, +p. 321.] + +These articles, to the number of sixteen, were calculated to prevent +the chief abuses which had prevailed in ecclesiastical affairs, and to +put an effectual stop to the usurpations of the church, which, +gradually stealing on, had threatened the total destruction of the +civil power. Henry, therefore, by reducing those ancient customs of +the realm to writing, and by collecting them in a body, endeavoured to +prevent all future dispute with regard to them; and by passing so many +ecclesiastical ordinances in a national and civil assembly, he fully +established the superiority of the legislature above all papal decrees +or spiritual canons, and gained a signal victory over the +ecclesiastics. But as he knew that the bishops, though overawed by +the present combination of the crown and the barons, would take the +first favourable opportunity of denying the authority which had +enacted these constitutions, he resolved that they should all set +their seal to them, and give a promise to observe them. None of the +prelates dared to oppose his will, except Becket, who, though urged by +the Earls of Cornwall and Leicester, the barons of principal authority +in the kingdom, obstinately withheld his assent. At last, Richard de +Hastings, Grand Prior of the Templars in England, threw himself on his +knees before him; and with many tears entreated him, if he paid any +regard, either to his own safety or that of the church, not to +provoke, by a fruitless opposition, the indignation of a great +monarch, who was resolutely bent on his purpose, and who was +determined to take full revenge on every one that should dare to +oppose him [s]. Becket, finding himself deserted by all the world, +even by his own brethren, was at last obliged to comply; and he +promised, LEGALLY, WITH GOOD FAITH, AND WITHOUT FRAUD OR RESERVE [t], +to observe the constitutions; and he took an oath to that purpose [u]. +The king, thinking that he had now finally prevailed in this great +enterprise, sent the constitutions to Pope Alexander, who then resided +in France; and he required that pontiff's ratification of them: but +Alexander, who, though he had owed the most important obligations to +the king, plainly saw that these laws were calculated to establish the +independency of England on the papacy, and of the royal power on the +clergy, condemned them in the strongest terms; abrogated, annulled, +and rejected them. There were only six articles, the least important, +which, for the sake of peace, he was willing to ratify. +[FN [s] Hist. Quad. p. 38. Hoveden, p. 493. [t] Fitz-Steph. p. 35. +Epist. St. Thom. p. 25. [u] Fitz-Steph. p. 45. Hist. Quad. p. 39. +Gervase, p. 1386.] + +Becket, when he observed that he might hope for support in an +opposition, expressed the deepest sorrow for his compliance; and +endeavoured to engage all the other bishops in a confederacy to adhere +to their common rights, and to the ecclesiastical privileges, in which +he represented the interest and honour of God to be so deeply +concerned. He redoubled his austerities, in order to punish himself +for his criminal assent to the constitutions of Clarendon: he +proportioned his discipline to the enormity of his supposed offence; +and he refused to exercise any part of his archiepiscopal function, +till he should receive absolution from the pope; which was readily +granted him. Henry, informed of his present dispositions, resolved to +take vengeance for this refractory behaviour; and he attempted to +crush him, by means of that very power which Becket made such merit in +supporting. He applied to the pope, that he should grant the +commission of legate in his dominions to the Archbishop of York; but +Alexander, as politic as he, though he granted the commission, annexed +a clause, that it should not empower the legate to execute any act of +prejudice of the Archbishop of Canterbury [w]; and the king, finding +how fruitless such an authority would prove, sent back the commission +by the same messenger that brought it [x]. +[FN [w] Epist. St. Thom. p. 13, 14. [x] Hoveden, p.493. Gervase, p. +1388.] + +The primate, however, who found himself still exposed to the king's +indignation, endeavoured twice to escape secretly from the kingdom, +but was as often detained by contrary winds; and Henry hastened to +make him feel the effects of an obstinacy which he deemed so criminal. +He instigated John, mareschal of the exchequer, to sue Becket in the +archiepiscopal court for some lands, part of the manor of Pageham; and +to appeal thence to the king's court for justice [y]. On the day +appointed for trying the cause, the primate sent four knights to +represent certain irregularities in John's appeal; and at the same +time to excuse himself, on account of sickness, for not appearing +personally that day in the court. This slight offence (if it even +deserve the name) was represented as a grievous contempt; the four +knights were menaced and with difficulty escaped being sent to prison, +as offering falsehoods to the court [z]. And Henry, being determined +to prosecute Becket to the utmost, summoned, at Northampton, a great +council, which he purposed to make the instrument of his vengeance +against the inflexible prelate. +[FN [y] Hoveden, p. 494. M. Paris, p. 72. Diceto, p. 537. [z] See +note [R], at the end of the volume.] + +The king had raised Becket from a low station to the highest offices, +had honoured him with his countenance and friendship, had trusted to +his assistance in forwarding his favourite project against the clergy; +and when he found him become of a sudden his most rigid opponent, +while every one beside complied with his will, rage at the +disappointment, and indignation against such signal ingratitude, +transported him beyond all bounds of moderation; and there seems to +have entered more of passion than of justice, or even of policy, in +this violent prosecution [a]. The barons, notwithstanding, in the +great council, voted whatever sentence he was pleased to dictate to +them; and the bishops themselves, who undoubtedly bore a secret favour +to Becket, and regarded him as the champion of their privileges, +concurred with the rest in the design of oppressing their primate. In +vain did Becket urge that his court was proceeding with the utmost +regularity and justice in trying the maresehal's cause; which, +however, he said, would appear, from the sheriff's testimony, to be +entirely unjust and iniquitous: that he himself had discovered no +contempt of the king's court; but, on the contrary, by sending four +knights to excuse his absence, had virtually acknowledged its +authority: that he also, in consequence of the king's summons, +personally appeared at present in the great council, ready to justify +his cause against the mareschal, and to submit his conduct to their +inquiry and jurisdiction: that even should it be found that he had +been guilty of non-appearance, the laws had affixed a very slight +penalty to that offence: and that, as he was an inhabitant of Kent, +where his archiepiscopal palace was seated, he was by law entitled to +some greater indulgence than usual in the rate of his fine [b]. +Notwithstanding these pleas, he was condemned as guilty of a contempt +of the king's court, and as wanting in the fealty which he had sworn +to his sovereign; all his goods and chattels were confiscated [c]; and +that this triumph over the church might be carried to the utmost, +Henry, Bishop of Winchester, the prelate who had been so powerful in +the former reign, was, in spite of his remonstrances, obliged, by +order of the court, to pronounce the sentence against him [d]. The +primate submitted to the decree; and all the prelates, except Folliot, +Bishop of London, who paid court to the king by this singularity, +became sureties for him [e]. It is remarkable that seven Norman +barons voted in this council; and we may conclude, with some +probability, that a like practice had prevailed in many of the great +councils summoned since the Conquest. For the contemporary historian, +who has given us a full account of these transactions, does not +mention this circumstance as anywise singular [f]; and Becket, in all +his subsequent remonstrances with regard to the severe treatment which +he had met with, never founds any objection on an irregularity which +to us appears very palpable and flagrant. So little precision was +there at that time in the government and constitution! +[FN [a] Neubr. p. 394. [b] Fitz-Steph. p. 37, 42. [c] Hist. Quad. p. +47 Hoveden, p. 494. Gervase, p. 1389. [d] Fitz-Steph. p. 37. [e] +Ibid. [f] Ibid. p. 36.] + +The king was not content with this sentence, however violent and +oppressive. Next day, he demanded of Becket the sum of three hundred +pounds, which the primate had levied upon the honours of Eye and +Berkham, while in his possession. Becket, after premising that he was +not obliged to answer to this suit, because it was not contained in +his summons; after remarking that he had expended more than that sum +in the repair of those castles, and of the royal palace at London; +expressed however his resolution, that money should not be any ground +of quarrel between him and his sovereign; he agreed to pay the sum; +and immediately gave surety for it [g]. In the subsequent meeting, +the king demanded five hundred marks, which, he affirmed, he had lent +Becket during the war at Toulouse [h]; and another sum in the same +amount for which that prince had been surety for him to a Jew. +Immediately after these two claims, he preferred a third of still +greater importance: he required him to give in the accounts of his +administration while chancellor, and to pay the balance due from the +revenues of all the prelacies, abbeys, and baronies, which had, during +that time, been subjected to his management [i]. Becket observed, +that, as this demand was totally unexpected, he had not come prepared +to answer it; but he required a delay, and promised in that case to +give satisfaction. The king insisted upon sureties; and Becket +desired leave to consult his suffragans in a case of such importance +[k]. +[FN [g] Ibid. p. 38. [h] Hist. Quad. p. 47. [i] Hoveden, p. 494. +Diceto, p. 537. [k] Fitz-Steph. p. 38.] + +It is apparent, from the known character of Henry, and from the usual +vigilance of his government, that, when he promoted Becket to the see +of Canterbury, he was on good grounds, well pleased with his +administration in the former high office with which he had entrusted +him; and that, even if that prelate had dissipated money beyond the +income of his place, the king was satisfied that his expenses were not +blameable, and had in the main been calculated for his service [l]. +Two years had since elapsed; no demand had, during that time, been +made upon him; it was not till the quarrel arose concerning +ecclesiastical privileges that the claim was started, and the primate +was, of a sudden, required to produce accounts of such intricacy and +extent before a tribunal which had showed a determined resolution to +ruin and oppress him. To find sureties that he should answer so +boundless and uncertain a claim, which in the king's estimation +amounted to forty-four thousand marks [m], was impracticable; and +Becket's suffragans were extremely at a loss what counsel to give him +in such a critical emergency. By the advice of the Bishop of +Winchester, he offered two thousand marks as a general satisfaction +for all demands: but this offer was rejected by the king [n]. Some +prelates exhorted him to resign his see, on condition of receiving an +acquittal: others were of opinion that he ought to submit himself +entirely to the king's mercy [o]: but the primate, thus pushed to the +utmost, had too much courage to sink under oppression: he determined +to brave all his enemies, to trust to the sacredness of his character +for protection, to involve his cause with that of God and religion, +and to stand the utmost efforts of royal indignation. +[FN [l] Hoveden, p. 495. [m] Epist. St. Thom. p. 315. +[n] Fitz-Steph. p. 38. [o] Ibid. p. 39. Gervase, p. 1390.] + +After a few days spent in deliberation, Becket went to church and said +mass, where he had previously ordered that the introit to the +communion service should begin with these words, PRINCES SAT, AND +SPAKE AGAINST ME; the passage appointed for the martyrdom of St. +Stephen, whom the primate thereby tacitly pretended to resemble, in +his sufferings for the sake of righteousness. He went thence to +court, arrayed in his sacred vestments: as soon as he arrived within +the palace gate, he took the cross into his own hands, bore it aloft +as his protection, and marched, in that posture, into the royal +apartments [p]. The king, who was in an inner room, was astonished at +this parade, by which the primate seemed to menace him and his court +with the sentence of excommunication; and he sent some of the prelates +to remonstrate with him on account of such audacious behaviour. These +prelates complained to Becket, that, by subscribing himself to the +constitutions of Clarendon, he had seduced them to imitate his +example; and that now, when it was too late, he pretended to shake off +all subordination to the civil power, and appeared desirous of +involving them in the guilt which must attend any violation of those +laws, established by their consent, and ratified by their +subscriptions [q]. Becket replied, that he had indeed subscribed the +constitutions of Clarendon, LEGALLY, WITH GOOD FAITH, AND WITHOUT +FRAUD OR RESERVE; but in these words was virtually implied a salvo for +the rights of their order, which, being connected with the cause of +God and his church, could never be relinquished by their oaths and +engagements: that if he and they had erred in resigning the +ecclesiastical privileges, the best atonement they could now make was +to retract their consent, which, in such a case, could never be +obligatory, and to follow the pope's authority, who had solemnly +annulled the constitutions of Clarendon, and had absolved them from +all oaths which they had taken to observe them: that a determined +resolution was evidently embraced to oppress the church; the storm had +first broken upon him; for a slight offence, and which too was falsely +imputed to him, he had been tyrannically condemned to a grievous +penalty; a new and unheard-of claim was since started, in which he +could expect no justice; and he plainly saw, that he was the destined +victim, who, by his ruin, must prepare the way for the abrogation of +all spiritual immunities; that he strictly inhibited them who were his +suffragans from assisting at any such trial, or giving their sanction +to any sentence against him; he put himself and his see under the +protection of the supreme pontiff; and appealed to him against any +penalty which his iniquitous judges might think proper to inflict upon +him: and that, however terrible the indignation of so great a monarch +as Henry, his sword could only kill the body; while that of the +church, intrusted into the hands of the primate, could kill the soul, +and throw the disobedient into infinite and eternal perdition [r]. +[FN [p] Fitz-Steph. p. 40. Hist. Quad. p. 53. Hoveden, p. 404. +Neubr. p. 394. Epist. St. Thom. p. 43. [q] Fitz-Steph. p. 35. [r] +Fitz-Steph. p. 42, 44, 45, 46. Hist. Quad. p. 57. Hoveden, p. 495. +M. Paris, p. 72. Epist. St. Thom. p. 45, 195.] + +Appeals to the pope, even in ecclesiastical causes, had been abolished +by the constitutions of Clarendon, and were become criminal by law; +but an appeal in a civil cause, such as the king's demand upon Becket, +was a practice altogether new and unprecedented; it tended directly to +the subversion of the government, and could receive no colour of +excuse, except from the determined resolution, which was but too +apparent, in Henry and the great council, to effectuate, without +justice, but under colour of law, the total ruin of the inflexible +primate. The king, having now obtained a pretext so much more +plausible for his violence, would probably have pushed the affair to +the utmost extremity against him; but Becket gave him no leisure to +conduct the prosecution. He refused so much as to hear the sentence, +which the barons, sitting apart from the bishops, and joined to some +sheriffs and barons of the second rank [s], had given upon the king's +claim: he departed from the palace; [MN Banishment of Becket.] asked +Henry's immediate permission to leave Northampton, and upon meeting +with a refusal, he withdrew secretly, wandered about in disguise for +some time; and at last took shipping, and arrived safely at +Gravelines. +[FN [s] Fitz-Steph. p. 46. This historian is supposed to mean the +more considerable vassals of the chief barons: these had no title to +sit in the great council, and the giving them a place there was a +palpable irregularity; which, however, is not insisted on in any of +Becket's remonstrances. A farther proof how little fixed the +constitution was at that time.] + +The violent and unjust prosecution of Becket had a natural tendency to +turn the public favour on his side and to make men overlook his former +ingratitude toward the king, and his departure from all oaths and +engagements, as well as the enormity of those ecclesiastical +privileges, of which he affected to be the champion. There were many +other reasons which procured his countenance and protection in foreign +countries. Philip, Earl of Flanders [t], and Lewis, King of France +[u], jealous of the rising greatness of Henry, were well pleased to +give him disturbance in his government; and, forgetting that this was +the common cause of princes, they affected to pity extremely the +condition of the exiled primate; and the latter even honoured him with +a visit at Soissons, in which city he had invited him to fix his +residence [w]. The pope, whose interests were more immediately +concerned in supporting him, gave a cold reception to a magnificent +embassy which Henry sent to accuse him; while Becket himself, who had +come to Sens in order to justify his cause before the sovereign +pontiff, was received with the greatest marks of distinction. The +king, in revenge, sequestered the revenues of Canterbury; and, by a +conduct which might be esteemed arbitrary, had there been at that time +any regular check on royal authority, he banished all the primate's +relations and domestics, to the number of four hundred, whom he +obliged to swear, before their departure, that they would instantly +join their patron. But this policy, by which Henry endeavoured to +reduce Becket sooner to necessity, lost its effect: the pope, when +they arrived beyond sea, absolved them from their oath, and +distributed them among the convents in France and Flanders: a +residence was assigned to Becket himself in the convent of Pontigny, +where he lived for some years in great magnificence, partly from a +pension granted him on the revenues of the abbey, partly from +remittances made him by the French monarch. +[FN [t] Epist. St. Thom. p. 35. [u] Ibid. p. 36, 37. [w] Hist. Quad. +p. 76.] + +[MN 1165.] The more to ingratiate himself with the pope, Becket +resigned into his hands the see of Canterbury, to which, he affirmed, +he had been uncanonically elected by the authority of the royal +mandate; and Alexander, in his turn, besides investing him anew with +that dignity, pretended to abrogate, by a bull, the sentence which the +great council of England had passed against him. Henry, after +attempting in vain to procure a conference with the pope, who departed +soon after for Rome, whither the prosperous state of his affairs now +invited him, made provisions against the consequences of that breach +which impended between his kingdom and the apostolic see. He issued +orders to his justiciaries, inhibiting, under severe penalties, all +appeals to the pope or archbishop; forbidding any one to receive any +mandates from them, or apply in any case to their authority; declaring +it treasonable to bring from either of them an interdict upon the +kingdom, and punishable in secular clergymen by the loss of their eyes +and by castration, in regulars by amputation of their feet, and in +laics with death; and menacing, with sequestration and banishment, the +persons themselves, as well as their kindred, who should pay obedience +to any such interdict: and he farther obliged all his subjects to +swear to the observance of those orders [x]. These were edicts of the +utmost importance, affected the lives and properties of all the +subjects, and even changed, for the time, the national religion, by +breaking off all communication with Rome: yet were they enacted by the +sole authority of the king, and were derived entirely from his will +and pleasure. +[FN [x] Hist. Quad. p. 88, 167. Hoveden, p. 496. M. Paris, p. 73.] + +The spiritual powers, which, in the primitive church, were, in a great +measure, dependent on the civil, had, by a gradual progress, reached +an equality and independence; and though the limits of the two +jurisdictions were difficult to ascertain or define, it was not +impossible, but, by moderation on both sides, government might still +have been conducted in that imperfect and irregular manner which +attends all human institutions. But as the ignorance of the age +encouraged the ecclesiastics daily to extend their privileges, and +even to advance maxims totally incompatible with civil government [y], +Henry had thought it high time to put an end to their pretensions, and +formally, in a public council, to fix those powers which belonged to +the magistrate, and which he was for the future determined to +maintain. In this attempt, he was led to re-establish customs, which, +though ancient, were beginning to be abolished by a contrary practice, +and which were still more strongly opposed by the prevailing opinions +and sentiments of the age. Principle, therefore, stood on the one +side; power on the other; and if the English had been actuated by +conscience more than by present interest, the controversy must soon, +by the general defection of Henry's subjects, have been decided +against him. Becket, in order to forward this event, filled all +places with exclamations against the violence which he had suffered. +He compared himself to Christ, who had been condemned by a lay +tribunal [z], and who was crucified anew in the present oppressions +under which his church laboured: he took it for granted, as a point +incontestable, that his cause was the cause of God [a]: he assumed the +character of champion for the patrimony of the Divinity: he pretended +to be the spiritual father of the king and all the people of England +[b]: he even told Henry that kings reigned solely by the authority of +the church [c]: and though he had thus torn off the veil more openly +on the one side than that prince had on the other, he seemed still, +from the general favour borne him by the ecclesiastics, to have all +the advantage in the argument. The king, that he might employ the +weapons of temporal power remaining in his hands, suspended the +payment of Peter's pence; he made advances towards an alliance with +the Emperor Frederic Barbarossa, who was at that time engaged in +violent wars with Pope Alexander; he discovered some intentions of +acknowledging Pascal III., the present anti-pope, who was protected by +that emperor; and by these expedients he endeavoured to terrify the +enterprising though prudent pontiff from proceeding to extremities +against him. +[FN [y] QUIS DUBITET, says Becket to the king, SACERDOTES CHRISTI +REGUM ET PRINCIPUM OMNIUMQUE FIDELIIUM PATRES ET MAGISTROS CENSERI, +Epist St. Thom. p. 97, 148. [z] Epist. St. Thom. p. 63, 105, 194. +[a] Ibid. p. 29, 30, 31, 226. [b] Fitz-Steph. p. 46. Epist. St Thom. +p. 52, 148. [c] Brady's Append. No. 36. Epist. St. Thom. p. 94, 95, +97, 99, 197. Hoveden, p. 497.] + +[MN 1166.] But the violence of Becket, still more than the nature of +the controversy, kept affairs from remaining long in suspense between +the parties. That prelate, instigated by revenge, and animated by the +present glory attending his situation, pushed matters to a decision, +and issued a censure, excommunicating the king's chief ministers by +name, and comprehending in general all those who favoured or obeyed +the constitutions of Clarendon: these constitutions he abrogated and +annulled; he absolved all men from the oaths which they had taken to +observe them; and he suspended the spiritual thunder over Henry +himself, only that the prince might avoid the blow by a timely +repentance [d]. +[FN [d] Fitz-Steph. p. 56. Hist. Quad. p. 93. M. Paris, p. 74. +Beaulieu, Vie de St. Thom. p. 213. Epist. St. Thom. p 149, 229. +Hoveden, p. 499.] + +The situation of Henry was so unhappy, that he could employ no +expedient for saving his ministers from this terrible censure, but by +appealing to the pope himself, and having recourse to a tribunal whose +authority he had himself attempted to abridge in this very article of +appeals, and which, he knew, was so deeply engaged on the side of his +adversary. But even this expedient was not likely to be long +effectual. Becket had obtained from the pope a legatine commission +over England; and in virtue of that authority, which admitted of no +appeal, he summoned the Bishops of London, Salisbury, and others, to +attend him, and ordered, under pain of excommunication, the +ecclesiastics, sequestered on his account, to be restored in two +months to all their benefices. But John of Oxford, the king's agent +with the pope, had the address to procure orders for suspending this +sentence: and he gave the pontiff such hopes of a speedy reconcilement +between the king and Becket, that two legates, William of Pavia and +Otho, were sent to Normandy, where the king then resided, and they +endeavoured to find expedients for that purpose. But the pretensions +of the parties were, as yet, too opposite to admit of an +accommodation: the king required, that all the constitutions of +Clarendon should be ratified: Becket, that previously to any +agreement, he and his adherents should be restored to their +possessions: and as the legates had no power to pronounce a definitive +sentence on either side, the negotiation soon after came to nothing. +The Cardinal of Pavia also, being much attached to Henry, took care to +protract the negotiation; to mitigate the pope, by the accounts which +he sent of that prince's conduct; and to procure him every possible +indulgence from the see of Rome. About this time, the king had also +the address to obtain a dispensation for the marriage of his third +son, Geoffrey, with the heiress of Britany; a concession which, +considering Henry's demerits towards the church, gave great scandal +both to Becket, and to his zealous patron, the King of France. + +[MN 1167.] The intricacies of the feudal law had, in that age, +rendered the boundaries of power between the prince and his vassals, +and between one prince and another, as uncertain as those between the +crown and the mitre; and all wars took their origin from disputes, +which, had there been any tribunal possessed of power to enforce their +decrees, ought to have been decided only before a court of judicature. +Henry, in prosecution of some controversies, in which he was involved +with the Count of Auvergne, a vassal of the duchy of Guienne, had +invaded the territories of that nobleman, who had recourse to the King +of France, his superior lord, for protection, and thereby kindled a +war between the two monarchs. But this war was, as usual, no less +feeble in its operations than it was frivolous in its cause and +object; and after occasioning some mutual depredations [e], and some +insurrections among the barons of Poictou and Guienne, was terminated +by a peace. The terms of this peace were rather disadvantageous to +Henry, and prove that that prince had, by reason of his contest with +the church, lost the superiority which he had hitherto maintained +over the crown of France: an additional motive to him for +accommodating those differences. +[FN [e] Hoveden, p. 517. M. Paris, p. 75. Diceto, p. 547. Gervase, +p. 1402, 1403. Robert de Monte.] + +The pope and the king began at last to perceive, that, in the present +situation of affairs, neither of them could expect a final and +decisive victory over the other, and that they had more to fear than +to hope from the duration of the controversy. Though the vigour of +Henry's government had confirmed his authority in all his dominions, +his throne might be shaken by a sentence of excommunication; and if +England itself could, by its situation, be more easily guarded against +the contagion of superstitious prejudices, his French provinces at +least, whose communication was open with the neighbouring states, +would be much exposed, on that account, to some great revolution or +convulsion [f]. He could not, therefore, reasonably imagine that the +pope, while he retained such a check upon him, would formally +recognize the constitutions of Clarendon, which both put an end to +papal pretensions in England, and would give an example to other +states of asserting a like independency [g]. [MN 1168.] Pope +Alexander, on the other hand, being still engaged in dangerous wars +with the Emperor Frederic, might justly apprehend that Henry, rather +than relinquish claims of such importance, would join the party of his +enemy; and as the trials hitherto made of the spiritual weapons by +Becket had not succeeded to his expectation, and every thing had +remained quiet in all the king's dominions, nothing seemed impossible +to the capacity and vigilance of so great a monarch. The disposition +of minds on both sides, resulting from these circumstances, produced +frequent attempts towards an accommodation; but as both parties knew +that the essential articles of the dispute could not then be +terminated, they entertained a perpetual jealousy of each other, and +were anxious not to lose the least advantage in the negotiation. The +nuncios, Gratian and Vivian, having received a commission to endeavour +a reconciliation, met with the king in Normandy; and after all +differences seemed to be adjusted, Henry offered to sign the treaty, +with a salvo to his royal dignity; which gave such umbrage to Becket, +that the negotiation, in the end, became fruitless, and the +excommuications were renewed against the king's ministers. Another +negotiation was conducted at Montmirail, in presence of the King of +France, and the French prelates; where Becket also offered to make his +submissions, with a salvo to the honour of God and the liberties of +the church; which, for the like reason, was extremely offensive to the +king, and rendered the treaty abortive. [MN 1169.] A third +conference, under the same mediation, was broken off, by Becket's +insisting on a like reserve in his submissions; and even in a fourth +treaty, when all the terms were adjusted, and when the primate +expected to be introduced to the king, and to receive the kiss of +peace, which it was usual for princes to grant in those times, and +which was regarded as a sure pledge of forgiveness, Henry refused him +that honour; under pretence that, during his anger, he had made a rash +vow to that purpose. This formality served, among such jealous +spirits, to prevent the conclusion of the treaty; and though the +difficulty was attempted to be overcome by a dispensation which the +pope granted to Henry from his vow, that prince could not be prevailed +on to depart from the resolution which he had taken. +[FN [f] Epist. St. Thom. p. 230. [g] Ibid. p. 276.] + +In one of these conferences, at which the French king was present, +Henry said to that monarch: "There have been many kings of England, +some of greater, some of less authority than myself; there have also +been many Archbishops of Canterbury, holy and good men, and entitled +to every kind of respect: let Becket but act towards me with the same +submission which the greatest of his predecessors have paid to the +least of mine, and there shall be no controversy between us." Lewis +was so struck with this state of the case, and with an offer which +Henry made to submit his cause to the French clergy, that he could not +forbear condemning the primate, and withdrawing his friendship from +him during some time: but the bigotry of that prince, and their common +animosity against Henry, soon produced a renewal of their former good +correspondence. + +[MN 1170. 22d July.] All difficulties were at last adjusted between +the parties; and the king allowed Becket to return, on conditions +which may be esteemed both honourable and advantageous to that +prelate. [MN Compromise with Becket.] He was not required to give up +any rights of the church, or resign any of those pretensions which had +been the original ground of the controversy. It was agreed that all +these questions should be buried in oblivion; but that Becket and his +adherents should, without making farther submission, be restored to +all their livings, and that even the possessors of such benefices as +depended on the see of Canterbury, and had been filled during the +primate's absence, should be expelled, and Becket have liberty to +supply the vacancies [h]. In return for concessions which intrenched +so deeply on the honour and dignity of the crown, Henry reaped only +the advantage of seeing his ministers absolved from the sentence of +excommunication pronounced against them, and of preventing the +interdict, which, if these hard conditions had not been complied with, +was ready to be laid on all his dominions [i]. It was easy to see how +much he dreaded that event, when a prince of so high a spirit could +submit to terms so dishonourable in order to prevent it. So anxious +was Henry to accommodate all differences, and to reconcile himself +fully with Becket, that he took the most extraordinary steps to +flatter his vanity, and even, on one occasion, humiliated himself so +far as to hold the stirrup of that haughty prelate while he mounted +[k]. +[FN [h] Fitz-Steph. p. 68, 69. Hoveden, p. 520. [i] Hist. Quad. p. +104. Brompton, p. 1062. Gervase, p. 1408. Epist. St. Thom. p. 704, +705, 706, 707, 792, 793, 794. Benedict. Abbas, p. 70. [k] Epist. 45. +lib. 5.] + +But the king attained not even that temporary tranquillity which he +had hoped to reap from these expedients. During the heat of his +quarrel with Becket, while he was every day expecting an interdict to +be laid on his kingdom, and a sentence of excommunication to be +fulminated against his person, he had thought it prudent to have his +son, Prince Henry, associated with him in the royalty, and to make him +be crowned king by the hands of Roger, Archbishop of York. By this +precaution he both insured the succession of that prince, which, +considering the many past irregularities in that point, could not but +be esteemed somewhat precarious; and he preserved at least his family +on the throne, if the sentence of excommunication should have the +effect which he dreaded, and should make his subjects renounce their +allegiance to him. Though this design was conducted with expedition +and secrecy, Becket, before it was carried into execution, had got +intelligence of it; and being desirous of obstructing all Henry's +measures, as well as anxious to prevent this affront to himself, who +pretended to the sole right, as Archbishop of Canterbury, to officiate +in the coronation, he had inhibited all the prelates of England from +assisting at this ceremony, had procured from the pope a mandate to +the same purpose [l], and had incited the King of France to protest +against the coronation of young Henry, unless the princess, daughter +of that monarch, should at the same time receive the royal unction. +There prevailed in that age an opinion, which was akin to its other +superstitions, that the royal unction was essential to the exercise of +royal power [m]: it was therefore natural both for the King of France, +careful of his daughter's establishment, and for Becket, jealous of +his own dignity, to demand, in the treaty with Henry, some +satisfaction in this essential point. Henry, after apologizing to +Lewis for the omission with regard to Margaret, and excusing it on +account of the secrecy and despatch requisite for conducting that +measure, promised that the ceremony should be renewed in the persons +both of the prince and princess: and he assured Becket that, besides +receiving the acknowledgments of Roger and the other bishops for the +seeming affront put on the see of Canterbury, the primate should, as a +farther satisfaction, recover his rights by officiating in this +coronation. But the violent spirit of Becket, elated by the power of +the church, and by the victory which he had already obtained over his +sovereign, was not content with this voluntary compensation, but +resolved to make the injury which he pretended to have suffered a +handle for taking revenge on all his enemies. [MN Becket's return +from banishment.] On his arrival in England, he met the Archbishop of +York, and the Bishops of London and Salisbury, who were on their +journey to the king in Normandy: he notified to the archbishop the +sentence of suspension, and to the two bishops that of +excommunication, which, at his solicitation, the pope had pronounced +against them. Reginald de Warenne, and Gervase de Cornhill, two of +the king's ministers who were employed on their duty in Kent, asked +him, on hearing of this bold attempt, whether he meant to bring fire +and sword into the kingdom? But the primate, heedless of the reproof, +proceeded, in the most ostentatious manner, to take possession of his +diocese. In Rochester, and all the towns through which he passed, he +was received with the shouts and acclamations of the populace. As he +approached Southwark, the clergy, the laity, men of all ranks and +ages, came forth to meet him, and celebrated with hymns of joy his +triumphant entrance. And though he was obliged, by order of the young +prince, who resided at Woodstoke, to return to his diocese, he found +that he was not mistaken when he reckoned upon the highest veneration +of the public towards his person and his dignity. He proceeded, +therefore, with the more courage, to dart his spiritual thunders: he +issued the sentence of excommunication against Robert de Brock, and +Nigel de Sackville, with many others, who either had assisted at the +coronation of the prince, or been active in the late persecution of +the exiled clergy. This violent measure, by which he in effect +denounced war against the king himself, is commonly ascribed to the +vindictive disposition and imperious character of Becket; but as this +prelate was also a man of acknowledged abilities, we are not, in his +passions alone, to look for the cause of his conduct, when he +proceeded to these extremities against his enemies. His sagacity had +led him to discover all Henry's intentions; and he proposed, by this +bold and unexpected assault, to prevent the execution of them. +[FN [l] Hist. Quad. p. 103. Epist. St. Thom. p. 682. Gervase, p. +1412. [m] Epist. St. Thom. p. 708.] + +The king, from his experience of the dispositions of the people, was +become sensible that his enterprise had been too bold in establishing +the constitutions of Clarendon, in defining all the branches of royal +power, and in endeavouring to extort from the Church of England, as +well as from the pope, an express avowal of these disputed +prerogatives. Conscious also of his own violence in attempting to +break or subdue the inflexible primate, he was not displeased to undo +that measure which had given his enemies such advantage against him; +and he was contented that the controversy should terminate in that +ambiguous manner, which was the utmost that princes, in those ages, +could hope to attain in their disputes with the see of Rome. Though +he dropped, for the present, the prosecution of Becket, he still +reserved to himself the right of maintaining that the constitutions of +Clarendon, the original ground of the quarrel, were both the ancient +customs and the present law of the realm: and though he knew that the +papal clergy asserted them to be impious in themselves, as well as +abrogated by the sentence of the sovereign pontiff, he intended, in +spite of their clamours, steadily to put those laws in execution [n], +and to trust to his own abilities, and to the course of events, for +success in that perilous enterprise. He hoped that Becket's +experience of a six years' exile would, after his pride was fully +gratified by his restoration, be sufficient to teach him more reserve +in his opposition; or, if any controversy arose, he expected +thenceforth to engage in a more favourable cause, and to maintain with +advantage, while the primate was now in his power [o], the ancient and +undoubted customs of the kingdom against the usurpations of the +clergy. But Becket determined not to betray the ecclesiastical +privileges by his connivance [p], and apprehensive lest a prince of +such profound policy, if allowed to proceed in his own way, might +probably in the end prevail, he resolved to take all the advantage +which his present victory gave him, and to disconcert the cautious +measures of the king, by the vehemence and vigour of his own conduct +[q]. Assured of support from Rome, he was little intimidated by +dangers which his courage taught him to despise, and which, even if +attended with the most fatal consequences, would serve only to gratify +his ambition and thirst of glory [r]. +[FN [n] Epist. St. Thom. p. 837, 839. [o] Fitz-Steph. p. 65. [p] +Epist. St. Thom. p. 345. [q] Fitz-Steph. p. 74. [r] Epist. St. Thom. +p. 818, 848.] + +When the suspended and excommunicated prelates arrived at Baieux, +where the king then resided, and complained to him of the violent +proceedings of Becket, he instantly perceived the consequences; was +sensible that his whole plan of operations was overthrown; foresaw +that the dangerous contest between the civil and spiritual powers, a +contest which he himself had first aroused, but which he had +endeavoured, by all his late negotiations and concessions, to appease, +must come to an immediate and decisive issue; and he was thence thrown +into the most violent commotion. The Archbishop of York remarked to +him, that, so long as Becket lived, he could never expect to enjoy +peace or tranquillity: the king himself being vehemently agitated, +burst forth into an exclamation against his servants, whose want of +zeal, he said, had so long left him exposed to the enterprises of that +ungrateful and imperious prelate [s]. Four gentlemen of his +household, Reginald Fitz-Urse, William de Traci, Hugh de Moreville, +and Richard Brito, taking these passionate expressions to be a hint +for Becket's death, immediately communicated their thoughts to each +other; and swearing to revenge their prince's quarrel, secretly +withdrew from court [t]. Some menacing expressions which they had +dropped gave a suspicion of their design; and the king despatched a +messenger after them, charging them to attempt nothing against the +person of the primate [u]: but these orders arrived too late to +prevent their fatal purpose. The four assassins, though they took +different roads to England, arrived nearly about the same time at +Saltwoode, near Canterbury; and being there joined by some assistants, +they proceeded in great haste to the archiepiscopal palace. They +found the primate, who trusted entirely to the sacredness of his +character, very slenderly attended; and though they threw out many +menaces and reproaches against him, he was so incapable of fear, that, +without using any precautions against their violence, he immediately +went to St. Benedict's church to hear vespers. They followed him +thither, attacked him before the altar, and having cloven his head +with many blows, retired without meeting any opposition. [MN 1170. +Dec. 29. Murder of Thomas a Becket.] This was the tragical end of +Thomas a Becket, a prelate of the most lofty, intrepid, and inflexible +spirit, who was able to cover to the world, and probably to himself, +the enterprises of pride and ambition under the disguise of sanctity +and of zeal for the interests of religion: an extraordinary personage, +surely had he been allowed to remain in his first station, and had +directed the vehemence of his character to the support of law and +justice; instead of being engaged, by the prejudices of the times, to +sacrifice all private duties and public connexions to ties which he +imagined or represented as superior to every civil and political +consideration. But no man who enters into the genius of that age can +reasonably doubt of this prelate's sincerity. The spirit of +superstition was so prevalent, that it infallibly caught every +careless reasoner, much more every one whose interest, and honour, and +ambition were engaged to support it. All the wretched literature of +the times was enlisted on that side: some faint glimmerings of common +sense might sometimes pierce through the thick cloud of ignorance, or +what was worse, the illusions of perverted science, which had blotted +out the sun, and enveloped the face of nature: but those who preserved +themselves untainted by the general contagion proceeded on no +principles which they could pretend to justify: they were more +indebted to their total want of instruction than to their knowledge, +if they still retained some share of understanding: folly was +possessed of all the schools as well as all the churches; and her +votaries assumed the garb of philosophers, together with the ensigns +of spiritual dignities. Throughout that large collection of letters, +which bears the name of St. Thomas, we find, in all the retainers of +the aspiring prelate, no less than in himself, a most entire and +absolute conviction of the reason and piety of their own party, and a +disdain of their antagonists: nor is there less cant and grimace in +their style, when they address each other, than when they compose +manifestos for the perusal of the public. The spirit of revenge, +violence, and ambition, which accompanied their conduct, instead of +forming a presumption of hypocrisy, are the surest pledges of their +sincere attachment to a cause, which so much flattered these +domineering passions. +[FN [s] Gervase, p. 1414. Parker, p. 207. [t] M. Paris, p. 86. +Brompton, p. 1065. Benedict. Abbas, p. 10. [u] Hist. Quad. p. 144. +Trivet, p. 55.] + +[MN Grief,] Henry, on the first report of Becket's violent measures, +had purposed to have him arrested, and had already taken some steps +towards the execution of that design: but the intelligence of his +murder threw the prince into great consternation; and he was +immediately sensible of the dangerous consequences which he had reason +to apprehend from so unexpected an event. An archbishop of reputed +sanctity, assassinated before the altar, in the exercise of his +functions, and on account of his zeal in maintaining ecclesiastical +privileges, must attain the highest honours of martyrdom; while his +murderer would be ranked among the most bloody tyrants that ever were +exposed to the hatred and detestation of mankind. Interdicts and +excommunications, weapons in themselves so terrible, would, he +foresaw, be armed with double force when employed in a cause so much +calculated to work on the human passions, and so peculiarly adapted to +the eloquence of popular preachers and declaimers. In vain would he +plead his own innocence, and even his total ignorance of the fact: he +was sufficiently guilty, if the church thought proper to esteem him +such; and his concurrence in Becket's martyrdom, becoming a religious +opinion, would be received with all the implicit credit which belonged +to the most established articles of faith. These considerations gave +the king the most unaffected concern; and as it was extremely his +interest to clear himself from all suspicion, he took no care to +conceal the depth of his affliction [w]. He shut himself up from the +light of day, and from all commerce with his servants: he even +refused, during three days, all food and sustenance [x]: the +courtiers, apprehending dangerous effects from his despair, were at +last obliged to break in upon his solitude; and they employed every +topic of consolation, induced him to accept of nourishment, and +occupied his leisure in taking precautions against the consequences +which he so justly apprehended from the murder of the primate. +[FN [w] Ypod. Neust. p. 447. M. Paris, p. 87. Diceto, p. 556. +Gervase, p. 1419. [x] Hist. Quad. p. 143.] + +[MN 1171. and submission of the king.] The point of chief importance +to Henry was to convince the pope of his innocence; or rather, to +persuade him that he would reap greater advantages from the +submissions of England, than from proceeding to extremities against +that kingdom. The Archbishop of Rouen, the Bishops of Worcester and +Evreux, with five persons of inferior quality, were immediately +despatched to Rome [y], and orders were given them to perform their +journey with the utmost expedition. Though the name and authority of +the court of Rome were so terrible in the remote countries of Europe, +which were sunk in profound ignorance, and were entirely unacquainted +with its character and conduct; the pope was so little revered at +home, that his inveterate enemies surrounded the gates of Rome itself, +and even controlled his government in that city; and the ambassadors, +who, from a distant extremity of Europe, carried to him the humble or +rather abject submissions of the greatest potentate of the age, found +the utmost difficulty to make their way to him, and to throw +themselves at his feet. It was at length agreed, that Richard Barre, +one of their number, should leave the rest behind, and run all the +hazards of the passage [z]; in order to prevent the fatal consequences +which might ensue from any delay in giving satisfaction to his +holiness. He found, on his arrival, that Alexander was already +wrought up to the greatest rage against the king; that Becket's +partisans were daily stimulating him to revenge; that the king of +France had exhorted him to fulminate the most dreadful sentence +against England; and that the very mention of Henry's name before the +sacred college was received with every expression of horror and +execration. The Thursday before Easter was now approaching, when it +is customary for the pope to denounce annual curses against all his +enemies; and it was expected that Henry should, with all the +preparations peculiar to the discharge of that sacred artillery, be +solemnly comprehended in the number. But Barre found means to appease +the pontiff, and to deter him from a measure, which, if it failed of +success, could not afterwards be easily recalled: the anathemas were +only levelled in general against all the actors, accomplices, and +abettors of Becket's murder. The Abbot of Valasse, and the +Archdeacons of Salisbury and Lisieux, with others of Henry's +ministers, who soon after arrived, besides asserting their prince's +innocence, made oath before the whole consistory that he would stand +to the pope's judgment in the affair, and make every submission that +should be required of him. The terrible blow was thus artfully +eluded; the Cardinals Albert and Theodin were appointed legates to +examine the cause, and were ordered to proceed to Normandy for that +purpose; and though Henry's foreign dominions were already laid under +an interdict by the Archbishop of Sens, Becket's great partisan, and +the pope's legate in France, the general expectation that the monarch +would easily exculpate himself from any concurrence in the guilt, kept +every one in suspense, and prevented all the bad consequences which +might be dreaded from that sentence. +[FN [y] Hoveden, p. 526. M. Paris, p. 87. [z] Hoveden, p. 26. +Epist. St. Thom. p. 863.] + +The clergy, meanwhile, though their rage was happily diverted from +falling on the king, were not idle in magnifying the sanctity of +Becket; in extolling the merits of his martyrdom; and in exalting him +above all that devoted tribe, who in several ages had, by their blood, +cemented the fabric of the temple. Other saints had only borne +testimony by their sufferings to the general doctrines of +Christianity; but Becket had sacrificed his life to the power and +privileges of the clergy; and this peculiar merit challenged, and not +in vain, a suitable acknowledgment to his memory. Endless were the +panegyrics on his virtues; and the miracles wrought by his relics were +more numerous, more nonsensical, and more impudently attested, than +those which ever filled the legend of any confessor or martyr. Two +years after his death he was canonized by Pope Alexander; a solemn +jubilee was established for celebrating his merits; his body was +removed to a magnificent shrine, enriched with presents from all parts +of Christendom; pilgrimages were performed to obtain his intercession +with Heaven; and it was computed, that in one year above a hundred +thousand pilgrims arrived in Canterbury, and paid their devotions at +his tomb. It is indeed a mortifying reflection to those who are +actuated by the love of fame, so justly denominated the last infirmity +of noble minds, that the wisest legislator, and most exalted genius +that ever reformed or enlightened the world, can never expect such +tributes of praise as are lavished on the memory of pretended saints, +whose whole conduct was probably to the last degree odious or +contemptible, and whose industry was entirely directed to the pursuit +of objects pernicious to mankind. It is only a conqueror, a personage +no less entitled to our hatred, who can pretend to the attainment of +equal renown and glory. + +It may not be amiss to remark, before we conclude the subject of +Thomas a Becket, that the king, during his controversy with that +prelate, was on every occasion more anxious than usual to express his +zeal for religion, and to avoid all appearance of a profane negligence +on that head. He gave his consent to the imposing of a tax on all his +dominions for the delivery of the Holy Land, now threatened by the +famous Saladine: this tax amounted to two-pence a pound for one year, +and a penny a pound for the four subsequent [a]. Almost all the +princes of Europe laid a like imposition on their subjects, which +received the name of Saladine's tax. During this period, there came +over from Germany about thirty heretics of both sexes, under the +direction of one Gerard; simple ignorant people, who could give no +account of their faith, but declared themselves ready to suffer for +the tenets of their master. They made only one convert in England, a +woman as ignorant as themselves; yet they gave such umbrage to the +clergy, that they were delivered over to the secular arm, and were +punished by being burned on the forehead, and then whipped through the +streets. They seemed to exult in their sufferings, and, as they went +along, sung the beatitude, BLESSED ARE YE, WHEN MEN HATE YOU AND +PERSECUTE YOU [b]. After they were whipped, they were thrust out +almost naked in the midst of winter and perished through cold and +hunger; no one daring or being willing, to give them the least relief. +We are ignorant of the particular tenets of these people; for it would +be imprudent to rely on the representations left of them by the +clergy, who affirmed that they denied the efficacy of the sacraments, +and the unity of the church. It is probable that their departure from +the standard of orthodoxy was still more subtle and minute. They seem +to have been the first that ever suffered for heresy in England. +[FN [a] Chron. Gervase, p. 1399. M. Paris, p. 74. [b] Neubr. p. 391. +M. Paris, p. 74. Heming. p. 494.] + +As soon as Henry found that he was in no immediate danger from the +thunders of the Vatican, he undertook an expedition against Ireland; a +design which he had long projected, and by which he hoped to recover +his credit, somewhat impaired by his late transactions with the +hierarchy. + + + + +CHAPTER IX. + +STATE OF IRELAND.--CONQUEST OF THAT ISLAND.--THE KING'S ACCOMMODATION +WITH THE COURT OF ROME.--REVOLT OF YOUNG HENRY AND HIS BROTHERS.--WARS +AND INSURRECTIONS.--WAR WITH SCOTLAND.--PENANCE OF HENRY FOR BECKET'S +MURDER.--WILLIAM, KING OF SCOTLAND, DEFEATED AND TAKEN PRISONER.--THE +KING'S ACCOMMODATION WITH HIS SONS.--THE KING'S EQUITABLE +ADMINISTRATION.--CRUSADES.--REVOLT OF PRINCE RICHARD.--DEATH AND +CHARACTER OF HENRY.--MISCELLANEOUS TRANSACTIONS OF HIS REIGN. + + + +[MN 1172. State of Ireland.] +As Britain was first peopled from Gaul, so was Ireland probably from +Britain; and the inhabitants of all these countries seem to have been +so many tribes of the Celtae, who derive their origin from an +antiquity that lies far beyond the records of any history or +tradition. The Irish, from the beginning of time, had been buried in +the most profound barbarism and ignorance; and as they were never +conquered, or even invaded by the Romans, from whom all the western +world derived its civility, they continued still in the most rude +state of society, and were distinguished by those vices alone, to +which human nature, not tamed by education, or restrained by laws, is +for ever subject. The small principalities into which they were +divided exercised perpetual rapine and violence against each other; +the uncertain succession of their princes was a continual source of +domestic convulsions; the usual title of each petty sovereign was the +murder of his predecessor; courage and force, though exercised in the +commission of crimes, were more honoured than any pacific virtues; and +the most simple arts of life, even tillage and agriculture, were +almost wholly unknown among them. They had felt the invasions of the +Danes and the other northern tribes; but these inroads, which had +spread barbarism in other parts of Europe, tended rather to improve +the Irish; and the only towns which were to be found in the island had +been planted along the coast by the freebooters of Norway and Denmark. +The other inhabitants exercised pasturage in the open country; sought +protection from any danger in their forests and morasses; and being +divided by the fiercest animosities against each other, were still +more intent on the means of mutual injury, than on the expedients for +common or even for private interest. + +Besides many small tribes, there were in the age of Henry II. five +principal sovereignties in the island, Munster, Leinster, Meath, +Ulster, and Connaught; and as it had been usual for the one or the +other of these to take the lead in their wars, there was commonly some +prince, who seemed, for the time, to act as monarch of Ireland. +Roderic O'Connor, King of Connaught, was then advanced to this dignity +[a]; but his government, ill obeyed even within his own territory, +could not unite the people in any measures either for the +establishment of order, or for defence against foreigners. The +ambition of Henry had, very early in his reign, been moved by the +prospect of these advantages to attempt the subjecting of Ireland; and +a pretence was only wanting to invade a people who, being always +confined to their own island, had never given any reason of complaint +to any of their neighbours. For this purpose, he had recourse to +Rome, which assumed a right to dispose of kingdoms and empires; and, +not foreseeing the dangerous disputes which he was one day to maintain +with that see, he helped, for present, or rather for an imaginary, +convenience, to give sanction to claims which were now become +dangerous to all sovereigns. Adrian III., who then filled the papal +chair, was by birth an Englishman; and being, on that account, the +more disposed to oblige Henry, he was easily persuaded to act as +master of the world, and to make, without any hazard or expense, the +acquisition of a great island to his spiritual jurisdiction. The Irish +had, by precedent missions from the Britons, been imperfectly +converted to Christianity; and, what the pope regarded as the surest +mark of their imperfect conversion, they followed the doctrines of +their first teachers, and had never acknowledged any subjection to the +see of Rome. Adrian, therefore, in the year 1156, issued a bull in +favour of Henry; in which, after premising that this prince had ever +shown an anxious care to enlarge the church of God on earth, and to +increase the number of his saints and elect in heaven; he represents +his design of subduing Ireland as derived from the same pious motives: +he considers his care of previously applying for the apostolic +sanction as a sure earnest of success and victory; and having +established it as a point incontestable, that all Christian kingdoms +belong to the patrimony of St. Peter, he acknowledges it to be his own +duty to sow among them the seeds of the gospel, which might in the +last day fructify to their eternal salvation: he exhorts the king to +invade Ireland, in order to extirpate the vice and wickedness of the +natives, and oblige them to pay yearly, from every house, a penny to +the see of Rome: he gives him entire right and authority over the +island, commands all the inhabitants to obey him as their sovereign, +and invests with full power all such godly instruments as he should +think proper to employ in an enterprise thus calculated for the glory +of God and the salvation of the souls of men [b]. Henry, though armed +with this authority, did not immediately put his design in execution; +but being detained by more interesting business on the continent, +waited for a favourable opportunity of invading Ireland. +[FN [a] Hoveden, p. 527. [b] M. Paris, p. 67. Girald. Cambr. Spellm. +Concil. vol. ii. p. 51. Rymer, vol. i. p. 15.] + +Dermot Macmorrogh, King of Leinster, had, by his licentious tyranny, +rendered himself odious to his subjects, who seized with alacrity the +first occasion that offered of throwing off the yoke, which was become +grievous and oppressive to them. This prince had formed a design on +Dovergilda, wife of Ororic, Prince of Breffny; and taking advantage of +her husband's absence, who, being obliged to visit a distant part of +his territory, had left his wife secure, as he thought, in an island +surrounded by a bog, he suddenly invaded the place and carried off the +princess [c]. This exploit, though usual among the Irish, and rather +deemed a proof of gallantry and spirit [d], provoked the resentment of +the husband; who, having collected forces, and being strengthened by +the alliance of Roderic, King of Connaught, invaded the dominions of +Dermot, and expelled him his kingdom. The exiled prince had recourse +to Henry, who was at this time in Guienne, craved his assistance in +restoring him to his sovereignty, and offered, on that event, to hold +his kingdom in vassalage under the crown of England. Henry, whose +views were already turned towards making acquisitions in Ireland, +readily accepted the offer; but being at that time embarrassed by the +rebellions of his French subjects, as well as by his disputes with the +see of Rome, he declined for the present embarking in the enterprise, +and gave Dermot no farther assistance than letters patent, by which he +empowered all his subjects to aid the Irish prince in the recovery of +his dominions [e]. Dermot, supported by this authority, came to +Bristol; and after endeavouring, though for some time in vain, to +engage adventurers in the enterprise, he at last formed a treaty with +Richard, surnamed Strongbow, Earl of Strigul. This nobleman, who was +of the illustrious house of Clare, had impaired his fortune by +expensive pleasures; and being ready for any desperate undertaking, he +promised assistance to Dermot, on condition that he should espouse +Eva, daughter of that prince, and be declared heir to all his +dominions [f]. While Richard was assembling his succours, Dermot went +into Wales; and meeting with Robert Fitz-Stephens, Constable of +Abertivi, and Maurice Fitz-Gerald, he also engaged them in his +service, and obtained their promise of invading Ireland. Being now +assured of succour, he returned privately to his own state; and +lurking in the monastery of Fernes, which he had founded, (for this +ruffian was also a founder of monasteries,) he prepared every thing +for the reception of his English allies [g]. +[FN [c] Girald. Cambr. p. 760. [d] Spencer, vol. vi. [e] Girald. +Cambr. p. 760. [f] Ibid. p. 761. [g] Ibid.] + +[MN Conquest of that island.] +The troops of Fitz-Stephens were first ready. That gentleman landed +in Ireland with thirty knights, sixty esquires, and three hundred +archers; but this small body, being brave men, not unacquainted with +discipline, and completely armed, a thing almost unknown in Ireland, +struck a great terror into the barbarous inhabitants, and seemed to +menace them with some signal revolution. The conjunction of Maurice +de Pendergast, who, about the same time, brought over ten knights and +sixty archers, enabled Fitz-Stephens to attempt the siege of Wexford, +a town inhabited by the Danes; and after gaining an advantage, he made +himself master of the place [h]. Soon after, Fitz-Gerald arrived with +ten knights, thirty esquires, and a hundred archers [i]; and being +joined by the former adventurers, composed a force which nothing in +Ireland was able to withstand. Roderic, the chief monarch of the +island, was foiled in different actions; the Prince of Ossory was +obliged to submit, and give hostages for his peaceable behaviour; and +Dermot, not content with being restored to his kingdom of Leinster, +projected the dethroning of Roderic, and aspired to the sole dominion +over the Irish. +[FN [h] Girald. Cambr. p. 761, 762. [i] Ibid. p. 766.] + +In prosecution of these views, he sent over a messenger to the Earl of +Strigul, challenging the performance of his promise, and displaying +the mighty advantages which might now be reaped by a reinforcement of +warlike troops from England. Richard, not satisfied with the general +allowance given by Henry to all his subjects, went to that prince, +then in Normandy; and having obtained a cold or ambiguous permission, +prepared himself for the execution of his designs. He first sent over +Raymond, one of his retinue, with ten knights and seventy archers, +who, landing near Waterford, defeated a body of three thousand Irish, +that had ventured to attack him [k]; and as Richard himself, who +brought over two hundred horse, and a body of archers, joined, a few +days after, the victorious English, they made themselves masters of +Waterford, and proceeded to Dublin, which was taken by assault. +Roderic, in revenge, cut off the head of Dermot's natural son, who had +been left as a hostage in his hands; and Richard, marrying Eva, became +soon after, by the death of Dermot, master of the kingdom of Leinster, +and prepared to extend his authority over all Ireland. Roderic, and +the other Irish princes, were alarmed at the danger; and, combining +together, besieged Dublin with an army of thirty thousand men; but +Earl Richard making a sudden sally at the head of ninety knights, with +their followers, put this numerous army to rout, chased them off the +field, and pursued them with great slaughter. None in Ireland now +dared to oppose themselves to the English [l]. +[FN [k] Ibid. p. 767. [l] Girald. Cambr. p. 773.] + +Henry, jealous of the progress made by his own subjects, sent orders +to recall all the English, and he made preparations to attack Ireland +in person [m]: but Richard, and the other adventurers, found means to +appease him by making him the most humble submissions, and offering to +hold all their acquisitions in vassalage to his crown [n]. That +monarch landed in Ireland at the head of five hundred knights, besides +other soldiers: he found the Irish so dispirited by their late +misfortunes, that, in a progress which he made through the island, he +had no other occupation than to receive the homage of his new +subjects. He left most of the Irish chieftains or princes in +possession of their ancient territories; bestowed some lands on the +English adventurers; gave Earl Richard the commission of Seneschal of +Ireland; and after a stay of a few months, returned in triumph to +England. By these trivial exploits, scarcely worth relating, except +for the importance of the consequences, was Ireland subdued, and +annexed to the English crown. +[FN [m] Ibid. p. 770. [n] Ibid. p. 775.] + +The low state of commerce and industry, during those ages, made it +impracticable for princes to support regular armies, which might +retain a conquered country in subjection; and the extreme barbarism +and poverty of Ireland could still less afford means of bearing the +expense. The only expedient, by which a durable conquest could then +be made or maintained, was by pouring in a multitude of new +inhabitants, dividing among them the lands of the vanquished, +establishing them in all offices of trust and authority, and thereby +transforming the ancient inhabitants into a new people. By this +policy, the northern invaders of old, and of late the Duke of +Normandy, had been able to fix their dominions, and to erect kingdoms, +which remained stable on their foundations, and were transmitted to +the posterity of the first conquerors. But the state of Ireland +rendered that island so little inviting to the English, that only a +few of desperate fortunes could be persuaded, from time to time, to +transport themselves thither [o]; and instead of reclaiming the +natives from their uncultivated manners, they were gradually +assimilated to the ancient inhabitants, and degenerated from the +customs of their own nation. It was also found requisite to bestow +great military and arbitrary powers on the leaders, who commanded a +handful of men amidst such hostile multitudes; and law and equity, in +a little time, became as much unknown in the English settlements as +they had ever been among the Irish tribes. Palatinates were erected +in favour of the new adventurers; independent authority conferred; the +natives, never fully subdued, still retained their animosity against +the conquerors; their hatred was retaliated by like injuries; and from +these causes, the Irish, during the course of four centuries, remained +still savage and untractable: it was not till the latter end of +Elizabeth's reign that the island was fully subdued; nor till that of +her successor that it gave hopes of becoming a useful conquest to the +English nation. +[FN [o] Brompton, p. 1069. Neubrig. p. 403.] + +Besides that the easy and peaceable submission of the Irish left Henry +no farther occupation in that island, he was recalled from it by +another incident, which was of the last importance to his interest and +safety. The two legates, Albert and Theodin, to whom was committed +the trial of his conduct in the murder of Archbishop Becket, were +arrived in Normandy; and being impatient of delay, sent him frequent +letters, full of menaces, if he protracted any longer making his +appearance before them [p]. He hastened therefore to Normandy, and +had a conference with them at Savigny, where their demands were so +exorbitant, that he broke off the negotiation, threatened to return to +Ireland, and bade them do their worst against him. They perceived +that the season was now past for taking advantage of that tragical +incident; which, had it been hotly pursued by interdicts and +excommunications, was capable of throwing the whole kingdom into +combustion. But the time which Henry had happily gained had +contributed to appease the minds of men: the event could not now have +the same influence as when it was recent; and as the clergy every day +looked for an accommodation with the king, they had not opposed the +pretensions of his partisans, who had been very industrious in +representing to the people his entire innocence in the murder of the +primate, and his ignorance of the designs formed by the assassins. +The legates, therefore, found themselves obliged to lower their terms; +and Henry was so fortunate as to conclude an accommodation with them. +He declared upon oath, before the relics of the saints, that, so far +from commanding or desiring the death of the archbishop, he was +extremely grieved when he received intelligence of it: but as the +passion which he had expressed on account of that prelate's conduct +had probably been the occasion of his murder, he stipulated the +following conditions, as an atonement for the offence. [MN The king's +accommodation with the court of Rome.] He promised, that he should +pardon all such as had been banished for adhering to Becket, and +should restore them to their livings; that the see of Canterbury +should be reinstated in all its ancient possessions; that he should +pay the Templars a sum of money for the subsistence of two hundred +knights during a year in the Holy Land; that he should himself take +the cross at the Christmas following, and, if the pope required it, +serve three years against the infidels either in Spain or Palestine; +that he should not insist on the observance of such customs, +derogatory to ecclesiastical privileges, as had been introduced in his +own time; and that he should not obstruct appeals to the pope in +ecclesiastical causes, but should content himself with exacting +sufficient security from such clergymen as left his dominions to +prosecute an appeal, that they should attempt nothing against the +rights of his crown [q]. Upon signing these concessions, Henry +received absolution from the legates, and was confirmed in the grant +of Ireland made by Pope Adrian [r]; and nothing proves more strongly +the great abilities of this monarch, than his extricating himself on +such easy terms from so difficult a situation. He had always insisted +that the laws established at Clarendon contained not any new claims, +but the ancient customs of the kingdom; and he was still at liberty, +notwithstanding the articles of this agreement, to maintain his +pretensions. Appeals to the pope were indeed permitted by that +treaty; but as the king was also permitted to exact reasonable +securities from the parties, and might stretch his demands on this +head as far as he pleased, he had it virtually in his power to prevent +the pope from reaping any advantage by this seeming concession. And +on the whole, the constitutions of Clarendon remained still the law of +the realm; though the pope and his legates seem so little to have +conceived the king's power to lie under any legal limitations, that +they were satisfied with his departing, by treaty, from one of the +most momentous articles of these constitutions, without requiring any +repeal by the states of the kingdom. +[FN [p] Girald. Cambr. p. 778. [q] M. Paris, p. 88. Benedict. Abb. +p. 34. Hoveden, p. 529. Diceto, p 560. Chron. Gerv. p. 1422. [r] +Brompton, p. 1071 Liber Nig. Scac. p. 47.] + +Henry, freed from this dangerous controversy with the ecclesiastics +and with the see of Rome, seemed now to have reached the pinnacle of +human grandeur and felicity, and to be equally happy in his domestic +situation and in his political government. A numerous progeny of sons +and daughters gave both lustre and authority to his crown, prevented +the dangers of a disputed succession, and repressed all pretensions of +the ambitious barons. The king's precaution, also, in establishing +the several branches of his family, seemed well calculated to prevent +all jealousy among the brothers, and to perpetuate the greatness of +his family. He had appointed Henry, his eldest son, to be his +successor in the kingdom of England, the duchy of Normandy, and the +counties of Anjou, Maine, and Touraine; territories which lay +contiguous, and which, by that means, might easily lend to each other +mutual assistance, both against intestine commotions and foreign +invasions. Richard, his second son, was invested in the duchy of +Guienne and county of Poictou; Geoffrey, his third son, inherited, in +right of his wife, the duchy of Britany; and the new conquest of +Ireland was destined for the appanage of John, his fourth son. He had +also negotiated, in favour of this last prince, a marriage with +Adelais, the only daughter of Humbert, Count of Savoy and Maurienne; +and was to receive as her dowry considerable demesnes in Piedmont, +Savoy, Bresse, and Dauphiny [s]. But this exaltation of his family +excited the jealousy of all his neighbours, who made those very sons, +whose fortunes he had so anxiously established, the means of +embittering his future life, and disturbing his government. +[FN [s] Ypod. Neust. p. 448. Bened. Abb. p. 38. Hoveden, p. 532. +Diceto, p. 562. Brompton, p. 1081. Rymer, vol. i. p. 33.] + +Young Henry, who was rising to man's estate, began to display his +character, and aspire to independence: brave, ambitious, liberal, +munificent, affable; he discovered qualities which give great lustre +to youth; prognosticate a shining fortune; but unless tempered in +mature age with discretion, are the forerunners of the greatest +calamities [t]. It is said, that at the time when this prince +received the royal unction, his father, in order to give greater +dignity to the ceremony, officiated at table as one of the retinue; +and observed to his son, that never king was more royally served. IT +IS NOTHING EXTRAORDINARY, said young Henry to one of his courtiers, IF +THE SON OF A COUNT SHOULD SERVE THE SON OF A KING. This saying, which +might pass only for an innocent pleasantry, or even for an oblique +compliment to his father, was however regarded as a symptom of his +aspiring temper; and his conduct soon after justified the conjecture. +[FN [t] Chron. Gerv. p. 1463.] + +Henry, agreeably to the promise which he had given both to the pope +and French king, permitted his son to be crowned anew by the hands of +the Archbishop of Rouen, and associated the Princess Margaret, spouse +to young Henry, in the ceremony [u] [MN 1173.] He afterwards allowed +him to pay a visit to his father-in-law at Paris, who took the +opportunity of instilling into the young prince those ambitious +sentiments, to which he was naturally but too much inclined [w]. [MN +Revolt of young Henry and his brothers.] Though it had been the +constant practice of France, ever since the accession of the Capetian +line, to crown the son during the lifetime of the father, without +conferring on him any present participation of royalty, Lewis +persuaded his son-in-law, that, by this ceremony, which in those ages +was deemed so important, he had acquired a title to sovereignty, and +that the king could not, without injustice, exclude him from immediate +possession of the whole or at least a part of his dominions. In +consequence of these extravagant ideas, young Henry, on his return, +desired the king to resign to him either the crown of England, or the +duchy of Normandy; discovered great discontent on the refusal; spake +in the most undutiful terms of his father; and soon after, in concert +with Lewis, made his escape to Paris, where he was protected and +supported by that monarch. +[FN [u] Hoveden, p. 529. Diceto, p. 560. Brompton, p. 1080. Chron. +Gerv. p. 1421. Trivet, p. 58. It appears from Madox's History of the +Exchequer, that silk garments were then known in England, and that the +coronation robes of the young king and queen cost eighty-seven pounds +ten shillings and four pence, money of that age. [w] Girald. Camb. p. +782.] + +While Henry was alarmed at this incident, and had the prospect of +dangerous intrigues, or even of a war, which, whether successful or +not, must be extremely calamitous and disagreeable to him, he received +intelligence of new misfortunes, which must have affected him in the +most sensible manner. Queen Eleanor, who had disgusted her first +husband by her gallantries, was no less offensive to her second by her +jealousy; and after this manner carried to extremity, in the different +periods of her life, every circumstance of female weakness. She +communicated her discontents against Henry to her two younger sons, +Geoffrey and Richard; persuaded them that they were also entitled to +present possession of the territories assigned to them; engaged them +to fly secretly to the court of France; and was meditating, herself, +an escape to the same court, and had even put on man's apparel for +that purpose; when she was seized by orders from her husband, and +thrown into confinement. Thus, Europe saw with astonishment the best +and most indulgent of parents at war with his whole family; three +boys, scarcely arrived at the age of puberty, required a great +monarch, in the full vigour of his age and height of his reputation, +to dethrone himself in their favour; and several princes not ashamed +to support them in these unnatural and absurd pretensions. + +Henry, reduced to this perilous and disagreeable situation, had +recourse to the court of Rome: though sensible of the danger attending +the interposition of ecclesiastical authority in temporal disputes, he +applied to the pope, as his superior lord, to excommunicate his +enemies, and by these censures to reduce to obedience his undutiful +children, whom he found such reluctance to punish by the sword of the +magistrate [x]. Alexander, well pleased to exert his power in so +justifiable a cause, issued the bulls required of him; but it was soon +found that these spiritual weapons had not the same force as when +employed in a spiritual controversy; and that the clergy were very +negligent in supporting a sentence which was nowise calculated to +promote the immediate interests of their order. The king, after +taking in vain this humiliating step, was obliged to have recourse to +arms, and to enlist such auxiliaries as are the usual resource of +tyrants, and have seldom been employed by so wise and just a monarch. +[FN [x] Epist. Petri Bles. epist. 136. in Biblioth. Patr. tom. xxiv. +p. 1048. His words are, VESTRAE JURISDICTIONIS EST REGNUM ANGLIAE, ET +QUANTUM AD FEUDATORII JURIS OBLIGATIONEM, VOBIS DUNTAXAT OBNOXIUS +TENEOR. The same strange paper is in Rymer, vol. i. p. 35, and +Trivet, vol. i. p. 62.] + +The loose government which prevailed in all the states of Europe, the +many private wars carried on among the neighbouring nobles, and the +impossibility of enforcing any general execution of the laws, had +encouraged a tribe of banditti to disturb every where the public +peace, to infest the highways, to pillage the open country, and to +brave all the efforts of the civil magistrate, and even the +excommunications of the church, which were fulminated against them +[y]. Troops of them were sometimes enlisted in the service of one +prince or baron, sometimes in that of another: they often acted in an +independent manner, under leaders of their own: the peaceable and +industrious inhabitants, reduced to poverty by their ravages, were +frequently obliged, for subsistence, to betake themselves to a like +disorderly course of life; and a continual intestine war, pernicious +to industry, as well as to the execution of justice, was thus carried +on in the bowels of every kingdom [z]. Those desperate ruffians +received the name sometimes of Brabancons, sometimes of Routiers or +Cottereaux; but for what reason is not agreed by historians; and they +formed a kind of society or government among themselves, which set at +defiance the rest of mankind. The greatest monarchs were not ashamed, +on occasion, to have recourse to their assistance; and as their habits +of war and depredation had given them experience, hardiness, and +courage, they generally composed the most formidable part of those +armies which decided the political quarrels of princes. Several of +them were enlisted among the forces levied by Henry's enemies [a]; but +the great treasures amassed by that prince enabled him to engage more +numerous troops of them in his service; and the situation of his +affairs rendered even such banditti the only forces on whose fidelity +he could repose any confidence. His licentious barons, disgusted with +a vigilant government, were more desirous of being ruled by young +princes, ignorant of public affairs, remiss in their conduct, and +profuse in their grants [b]; and as the king had ensured to his sons +the succession to every particular province of his dominions, the +nobles dreaded no danger in adhering to those who, they knew, must +some time become their sovereigns. Prompted by these motives, many of +the Norman nobility had deserted to his son Henry; the Breton and +Gascon barons seemed equally disposed to embrace the quarrel of +Geoffrey and Richard. Disaffection had crept in among the English; +and the Earls of Leicester and Chester in particular had openly +declared against the king. Twenty thousand Brabancons, therefore, +joined to some troops which he brought over from Ireland, and a few +barons of approved fidelity, formed the sole force with which he +intended to resist his enemies. +[FN [y] Neubrig. p 413. [z] Chron. Gerv. p. 1461. [a] Petr. Bles. +epist. 47. [b] Diceto, p. 570.] + +Lewis, in order to bind the confederates in a close union, summoned at +Paris an assembly of the chief vassals of the crown, received their +approbation of his measures, and engaged them by oath to adhere to the +cause of young Henry. This prince, in return, bound himself by a like +tie never to desert his French allies; and having made a new great +seal, he lavishly distributed among them many considerable parts of +those territories which he purposed to conquer from his father. The +Counts of Flanders, Boulogne, Blois, and Eu, partly moved by the +general jealousy arising from Henry's power and ambition, partly +allured by the prospect of reaping advantage from the inconsiderate +temper and the necessities of the young prince, declared openly in +favour of the latter. William, King of Scotland, had also entered +into this great confederacy; and a plan was concerted for a general +invasion on different parts of the king's extensive and factious +dominions. + +Hostilities were first commenced by the Counts of Flanders and +Boulogne on the frontiers of Normandy. Those princes laid siege to +Aumale, which was delivered into their hands by the treachery of the +count of that name: this nobleman surrendered himself prisoner; and, +on pretence of thereby paying his ransom, opened the gates of all his +other fortresses. The two counts next besieged and made themselves +masters of Drincourt; but the Count of Boulogne was here mortally +wounded in the assault; and this incident put some stop to the +progress of the Flemish arms. + +[MN Wars and insurrections.] +In another quarter, the King of France, being strongly assisted by his +vassals, assembled a great army of seven thousand knights and their +followers on horseback, and a proportionable number of infantry: +carrying young Henry along with him, he laid siege to Verneuil, which +was vigorously defended by Hugh de Lacy and Hugh de Beauchamp, the +governors. After he had lain a month before the place, the garrison, +being straitened for provisions, were obliged to capitulate; and they +engaged, if not relieved within three days, to surrender the town, and +to retire into the citadel. On the last of these days, Henry appeared +with his army upon the heights above Verneuil. Lewis, dreading an +attack, sent the Archbiship of Sens and the Count of Blois to the +English camp, and desired that next day should be appointed for a +conference, in order to establish a general peace, and terminate the +difference between Henry and his sons. The king, who passionately +desired this accommodation, and suspected no fraud, gave his consent; +but Lewis, that morning, obliging the garrison to surrender, according +to the capitulation, set fire to the place, and began to retire with +his army. Henry, provoked at this artifice, attacked the rear with +vigour, put them to rout, did some execution, and took several +prisoners. The French army, as their time of service was now expired, +immediately dispersed themselves into their several provinces; and +left Henry free to prosecute his advantages against his other enemies. + +The nobles of Britany, instigated by the Earl of Chester and Ralph de +Fougeres, were all in arms; but their progress was checked by a body +of Brabancons which the king, after Lewis's retreat, had sent against +them. The two armies came to an action near Dol, where the rebels +were defeated, fifteen hundred killed on the spot, and the leaders, +the Earls of Chester and Fougeres, obliged to take shelter in the town +of Dol. Henry hastened to form the siege of that place, and carried +on the attack with such ardour, that he obliged the governor and +garrison to surrender themselves prisoners. By these vigorous +measures and happy successes the insurrections were entirely quelled +in Britany; and the king, thus fortunate in all quarters, willingly +agreed to a conference with Lewis, in hopes that his enemies, finding +all their mighty efforts entirely frustrated, would terminate +hostilities on some moderate and reasonable conditions. + +The two monarchs met between Trie and Gisors; and Henry had here the +mortification to see his three sons in the retinue of his mortal +enemy. As Lewis had no other pretence for war than supporting the +claims of the young princes, the king made them such offers as +children might be ashamed to insist on, and could be extorted from him +by nothing but his parental affection, or by the present necessity of +his affairs [c]. He insisted only on retaining the sovereign +authority in all his dominions; but offered young Henry half the +revenues of England, with some places of surety in that kingdom; or, +if he rather chose to reside in Normandy, half the revenues of that +duchy, with all those of Anjou. He made a like offer to Richard in +Guienne: he promised to resign Britany to Geoffrey; and if these +concessions were not deemed sufficient, he agreed to add to them +whatever the pope's legates, who were present, should require of him +[d]. The Earl of Leicester was also present at the negotiation; and +either from the impetuosity of his temper, or from a view of abruptly +breaking off a conference which must cover the allies with confusion, +he gave vent to the most violent reproaches against Henry, and he even +put his hand to his sword, as if he meant to attempt some violence +against him. This furious action threw the whole company into +confusion, and put an end to the treaty [e]. +[FN [c] Hoveden, p. 538. [d] Ibid. p. 536. Brompton, p. 1088. [e] +Hoveden, p. 536.] + +The chief hopes of Henry's enemies seemed now to depend on the state +of affairs in England, where his authority was exposed to the most +imminent danger. One article of Prince Henry's agreement with his +foreign confederates was, that he should resign Kent, with Dover, and +all its other fortresses, into the hands of the Earl of Flanders [f]: +yet so little national or public spirit prevailed among the +independent English nobility, so wholly bent were they on the +aggrandizement each of himself and his own family, that +notwithstanding this pernicious concession, which must have produced +the ruin of the kingdom, the greater part of them had conspired to +make an insurrection, and to support the prince's pretensions. The +king's principal resource lay in the church and the bishops, with whom +he was now in perfect agreement; whether that the decency of their +character made them ashamed of supporting so unnatural a rebellion, or +that they were entirely satisfied with Henry's atonement for the +murder of Becket, and for his former invasion of ecclesiastical +immunities. That prince, however, had resigned none of the essential +rights of his crown in the accommodation; he maintained still the same +prudent jealousy of the court of Rome; admitted no legate into +England, without his swearing to attempt nothing against the royal +prerogatives; and he had even obliged the monks of Canterbury, who +pretended to a free election on the vacancy made by the death of +Becket, to choose Roger, prior of Dover, in the place of that +turbulent prelate [g]. +[FN [f] Ibid. p. 533. Brompton, p. 1084. Neubr. p. 508. [g] +Hoveden, p. 537.] + +[MN War with Scotland.] +The King of Scotland made an irruption into Northumberland, and +committed great devastations; but being opposed by Richard de Lucy, +whom Henry had left guardian of the realm, he retreated into his own +country, and agreed to a cessation of arms. This truce enabled the +guardian to march southward with his army, in order to oppose an +invasion, which the Earl of Leicester, at the head of a great body of +Flemings, had made upon Suffolk. The Flemings had been joined by Hugh +Bigod, who made them masters of his castle of Framlingham; and +marching into the heart of the kingdom, where they hoped to be +supported by Leicester's vassals, they were met by Lucy, who, assisted +by Humphrey Bohun, the constable, and the Earls of Arundel, +Gloucester, and Cornwall, had advanced to Farnham, with a less +numerous but braver army to oppose them. The Flemings, who were +mostly weavers and artificers, (for manufactures were now beginning to +be established in Flanders,) were broken in an instant, ten thousand +of them were put to the sword, the Earl of Leicester was taken +prisoner, and the remains of the invaders were glad to compound for a +safe retreat into their own country. + +[MN 1174.] This great defeat did not dishearten the malecontents; +who, being supported by the alliance of so many foreign princes, and +encouraged by the king's own sons, determined to persevere in their +enterprise. The Earl of Ferrars, Roger de Mowbray, Architel de +Mallory, Richard de Morreville, Hamo de Mascie, together with many +friends of the Earls of Leicester and Chester, rose in arms: the +fidelity of the Earls of Clare and Gloucester was suspected; and the +guardian, though vigorously supported by Geoffrey, Bishop of Lincoln, +the king's natural son by the fair Rosamond, found it difficult to +defend himself on all quarters from so many open and concealed +enemies. The more to augment the confusion, the King of Scotland, on +the expiration of the truce, broke into the northern provinces with a +great army [h] of eighty thousand men; which, though undisciplined and +disorderly, and better fitted for committing devastation than for +executing any military enterprise, was become dangerous from the +present factious and turbulent spirit of the kingdom. Henry, who had +baffled all his enemies in France, and had put his frontiers in a +posture of defence, now found England the seat of danger; and he +determined by his presence to overawe the malecontents, or by his +conduct and courage to subdue them. [MN 8th July. Penance of Henry +for Becket's murder.] He landed at Southampton; and knowing the +influence of superstition over the minds of the people, he hastened to +Canterbury, in order to make atonement to the ashes of Thomas a +Becket, and tender his submissions to a dead enemy. As soon as he +came within sight of the church of Canterbury, he dismounted, walked +barefoot towards it, prostrated himself before the shrine of the +saint, remained in fasting and prayer during a whole day, and watched +all night the holy relics. Not content with this hypocritical +devotion towards a man whose violence and ingratitude had so long +disquieted his government, and had been the object of his most +inveterate animosity, he submitted to a penance still more singular +and humiliating. He assembled a chapter of the monks, disrobed +himself before them, put a scourge of discipline into the hands of +each, and presented his bare shoulders to the lashes which these +ecclesiastics successively inflicted upon him. Next day he received +absolution; and departing for London, got soon after the agreeable +intelligence of a great victory which his generals had obtained over +the Scots, and which being gained, as was reported, on the very day of +his absolution, was regarded as the earnest of his final +reconciliation with Heaven and with Thomas a Becket. +[FN [h] Heming, p. 501.] + +William, King of Scots, though repulsed before the castle of Prudhow, +and other fortified places, had committed the most horrible +depredations upon the northern provinces: but on the approach of Ralph +de Glanville, the famous justiciary, seconded by Bernard de Baliol, +Robert de Stuteville, Odonel de Umfreville, William de Vesci, and +other northern barons, together with the gallant Bishop of Lincoln, he +thought proper to retreat nearer his own country, and he fixed his +camp at Alnwick. He had here weakened his army extremely, by sending +out numerous detachments in order to extend his ravages; and he lay +absolutely safe, as he imagined, from any attack of the enemy. But +Glanville, informed of his situation, made a hasty and fatiguing march +to Newcastle; and, allowing his soldiers only a small interval for +refreshment, he immediately set out towards evening for Alnwick. [MN +13th July.] He marched that night above thirty miles; arrived in the +morning, under cover of a mist, near the Scottish camp; and regardless +of the great numbers of the enemy, he began the attack with his small +but determined body of cavalry. William was living in such supine +security that he took the English, at first, for a body of his own +ravagers, who were returning to the camp; but the sight of their +banners convincing him of his mistake, he entered on the action with +no greater body than a hundred horse in confidence that the numerous +army which surrounded him would soon hasten to his relief. [MN +William, King of Scotlamd, defeated and taken prisoner.] He was +dismounted on the first shock, and taken prisoner; while his troops, +hearing of this disaster, fled on all sides with the utmost +precipitation. The dispersed ravagers made the best of their way to +their own country; and discord arising among them, they proceeded even +to mutual hostilities, and suffered more from each other's sword than +from that of the enemy. + +This great and important victory proved at last decisive in favour of +Henry, and entirely broke the spirit of the English rebels. The +Bishop of Durham, who was preparing to revolt, made his submissions; +Hugh Bigod, though he had received a strong reinforcement of Flemings, +was obliged to surrender all his castles, and throw himself on the +king's mercy; no better resource was left to the Earl of Ferrars and +Roger de Mowbray; the inferior rebels imitating the example, all +England was restored to tranquillity in a few weeks; and as the king +appeared to lie under the immediate protection of Heaven, it was +deemed impious any longer to resist him. The clergy exalted anew the +merits and powerful intercession of Becket; and Henry, instead of +opposing this superstition, plumed himself on the new friendship of +the saint, and propagated an opinion which was so favourable to his +interests [i]. +[FN [i] Hoveden, p. 539.] + +Prince Henry, who was ready to embark at Gravelines, with the Earl of +Flanders and a great army, hearing that his partisans in England were +suppressed, abandoned all thoughts of the enterprise, and joined the +camp of Lewis, who, during the absence of the king, had made an +irruption into Normandy, and had laid siege to Rouen [k]. The place +was defended with great vigour by the inhabitants [l]; and Lewis, +despairing of success by open force, tried to gain the town by a +stratagem, which, in that superstitious age, was deemed not very +honourable. He proclaimed in his own camp a cessation of arms, on +pretence of celebrating the festival of St. Laurence; and when the +citizens, supposing themselves in safety, were so imprudent as to +remit their guard, he proposed to take advantage of their security. +Happily, some priests had, from mere curiosity, mounted a steeple +where the alarm-bell hung; and, observing the French camp in motion, +they immediately rang the bell, and gave warning to the inhabitants, +who ran to their several stations. The French who, on hearing the +alarm, hurried to the assault, had already mounted the walls in +several places; but being repulsed by the enraged citizens, were +obliged to retreat with considerable loss [m]. Next day, Henry, who +had hastened to the defence of his Norman dominions, passed over the +bridge in triumph, and entered Rouen in sight of the French army. The +city was now in absolute safety; and the king, in order to brave the +French monarch, commanded the gates, which had been walled up, to be +opened; and he prepared to push his advantages against the enemy. +Lewis saved himself from this perilous situation by a new piece of +deceit, not so justifiable. He proposed a conference for adjusting +the terms of a general peace, which he knew would be greedily embraced +by Henry; and while the king of England trusted to the execution of +his promise, he made a retreat with his army into France. +[FN [k] Brompton, p. 1096. [l] Diceto, p. 578. [m] Brompton, p. +1096. Neubrig. p. 411. Heming, p. 503.] + +There was, however, a necessity on both sides for an accommodation. +Henry could no longer bear to see his three sons in the hands of his +enemy; and Lewis dreaded lest this great monarch, victorious in all +quarters, crowned with glory, and absolute master of his dominions +might take revenge for the many dangers and disquietudes which the +arms, and still more the intrigues of France had, in his disputes both +with Becket and his sons, found means to raise him. After making a +cessation of arms, a conference was agreed on near Tours; where Henry +granted his sons much less advantageous terms than he had formerly +offered, and he received their submissions. [MN The king's +accommodation with his sons.] The most material of his concessions +were some pensions which he stipulated to pay them, and some castles +which he granted them for the place of their residence; together with +an indemnity for all their adherents, who were restored to their +estates and honours [n]. +[FN [n] Rymer, vol. i. p. 35. Bened. Abb. p. 88. Hoveden, p. 540. +Diceto, p. 584. Brompton, p. 1098. Heming. p. 505. Chron. Dunst. p. +36.] + +Of all those who had embraced the cause of the young princes, William, +King of Scotland, was the only considerable loser by that invidious +and unjust enterprise. Henry delivered from confinement, without +exacting any ransom, about nine hundred knights whom he had taken +prisoners; but it cost William the ancient independency of his crown +as the price of his liberty. He stipulated to do homage to Henry for +Scotland, and all his other possessions; he engaged that all the +barons and nobility of his kingdom should also do homage; that the +bishops should take an oath of fealty; that both should swear to +adhere to the King of England against their native prince, if the +latter should break his engagements; and that the fortresses of +Edinburgh, Stirling, Berwick, Roxburgh, and Jedburgh, should be +delivered into Henry's hands, till the performance of articles [o]. +[MN 1175. 10th Aug.] This severe and humiliating treaty was excuted +in its full rigour. William, being released, brought up all his +barons, prelates, and abbots; and they did homage to Henry in the +cathedral of York, and acknowledged him and his successors for their +superior lord [p]. The English monarch stretched still farther the +rigour of the conditions which he exacted. He engaged the king and +states of Scotland to make a perpetual cession of the fortresses of +Berwick and Roxburgh, and to allow the castle of Edinburgh to remain +in his hands for a limited time. This was the first great ascendancy +which England obtained over Scotland; and indeed the first important +transaction which had passed between the kingdoms. Few princes have +been so fortunate as to gain considerable advantages over their weaker +neighbours with less violence and injustice than was practised by +Henry against the King of Scots, whom he had taken prisoner in battle, +and who had wantonly engaged in a war, in which all the neighbours of +that prince, and even his own family, were, without provocation, +combined against him [q]. +[FN [o] M. Paris, p. 91. Chron. Dunst. p. 36. Hoveden, p. 545. M. +West. p. 251. Diceto, p. 584. Brompton, p. 1103. Rymer, vol. i. p. +39. Liber Niger Scaccarii, p. 36. [p] Bened. Abb. p. 113. [q] Some +Scotch historians pretend that William paid, besides, 100,000 pounds +of ransom, which is quite incredible. The ransom of Richard I., who, +besides England, possessed so many rich territories in France, was +only 150,000 marks, and yet was levied with great difficulty. Indeed, +two-thirds of it only could he paid before his deliverance.] + +[MN 1175. King's equitable administration.] +Henry having thus, contrary to expectation, extricated himself with +honour from a situation in which his throne was exposed to great +danger, was employed for several years in the administration of +justice, in the execution of the laws, and in guarding against those +inconveniences, which either the past convulsions of his state, or the +political institutions of that age, unavoidably occasioned. The +provisions which he made show such largeness of thought as qualified +him for being a legislator; and they were commonly calculated as well +for the future as the present happiness of his kingdom. + +[MN 1176.] He enacted severe penalties against robbery, murder, false +coining, arson; and ordained that these crimes should be punished by +the amputation of the right hand and right foot [r]. The pecuniary +commutation for crimes which has a false appearance of lenity, had +been gradually disused, and seems to have been entirely abolished by +the rigour of these statutes. The superstitious trial by water +ordeal, though condemned by the church [s], still subsisted; but Henry +ordained, that any man accused of murder, or any heinous felony, by +the oath of the legal knights of the county, should, even though +acquitted by the ordeal, be obliged to abjure the realm [t]. +[FN [r] Bened. Abb. p. 132. Hoveden, p. 549. [s] Seld. Spicileg. ad +Eadm. p. 204. [t] Bened. Abb. p. 132.] + +All advances towards reason and good sense are slow and gradual. +Henry, though sensible of the great absurdity attending the trial by +duel or battle, did not venture to abolish it: he only admitted either +of the parties to challenge a trial by an assize or jury of twelve +freeholders [u]. This latter method of trial seems to have been very +ancient in England, and was fixed by the laws of King Alfred: but the +barbarous and violent genius of the age had of late given more credit +to the trial by battle, which had become the general method of +deciding all important controversies. It was never abolished by law +in England; and there is an instance of it so late as the reign of +Elizabeth; but the institution revived by this king, being found more +reasonable and more suitable to a civilized people, gradually +prevailed over it. +[FN [u] Glanv. lib. 2. cap. 7.] + +The partition of England into four divisions, and the appointment of +itinerant justices to go the circuit in each division, and to decide +the causes in the counties, was another important ordinance of this +prince, which had a direct tendency to curb the oppressive barons, and +to protect the inferior gentry and common people in their property +[w]. Those justices were either prelates or considerable noblemen; +who, besides carrying the authority of the king's commission, were +able, by the dignity of their own character, to give weight and credit +to the laws. +[FN [w] Hoveden, p. 590.] + +That there might be fewer obstacles to the execution of justice, the +king was vigilant in demolishing all the new-erected castles of the +nobility, in England as well as in his foreign dominions; and he +permitted no fortress to remain in the custody of those whom he found +reason to suspect [x]. +[FN [x] Benedict. Abbas, p. 202. Diceto, p. 585.] + +But lest the kingdom should be weakened by this demolition of the +fortresses, the king fixed an assize of arms, by which all his +subjects were obliged to put themselves in a situation for defending +themselves and the realm. Every man possessed of a knight's fee was +ordained to have for each fee a coat of mail, a helmet, a shield, and +a lance; every free layman, possessed of goods to the value of sixteen +marks, was to be armed in like manner; every one that possessed ten +marks was obliged to have an iron gorget, a cap of iron, and a lance; +all burgesses were to have a cap of iron, a lance, and a wambais; that +is, a coat quilted with wool, tow, or such like materials [y]. It +appears that archery, for which the English were afterwards so +renowned, had not, at this time, become very common among them. The +spear was the chief weapon employed in battle. +[FN [y] Bened. Abb. p. 305 Annal. Waverl. p. 161.] + +The clergy and the laity were, during that age, in a strange situation +with regard to each other, and such as may seem totally incompatible +with a civilized, and, indeed, with any species of government. If a +clergyman were guilty of murder, he could be punished by degradation +only: if he were murdered, the murderer was exposed to nothing but +excommunication and ecclesiastical censures; and the crime was atoned +for by penances and submission [z]. Hence the assassins of Thomas a +Becket himself, though guilty of the most atrocious wickedness, and +the most repugnant to the sentiments of that age, lived securely in +their own houses, without being called to account by Henry himself, +who was so much concerned, both in honour and interest, to punish that +crime, and who professed, or affected on all occasions, the most +extreme abhorrence of it. It was not till they found their presence +shunned by every one as excommunicated persons that they were induced +to take a journey to Rome, to throw themselves at the feet of the +pontiff, and to submit to the penances imposed upon them: after which +they continued to possess, without molestation, their honours and +fortunes, and seemed even to have recovered the countenance and good +opinion of the public. But as the king, by the constitutions of +Clarendon, which he endeavoured still to maintain [a], had subjected +the clergy to a trial by the civil magistrate, it seemed but just to +give them the protection of that power to which they owed obedience; +it was enacted, that the murderers of clergymen should be tried before +the justiciary, in the presence of the bishop or his official; and +besides the usual punishment for murder, should be subjected to a +forfeiture of their estates, and a confiscation of their goods and +chattels [b]. +[FN [z] Petri Blessen. epist. 73. apud Bibl. Patr. tom. xxiv. p. 992. +[a] Chron. Gervase, p. 1433. [b] Diceto, p. 592. Chron. Gervase, +1433.] + +The king passed an equitable law, that the goods of a vassal should +not be seized for the debt of his lord, unless the vassal be surety +for the debt; and that the rents of vassals should be paid to the +creditors of the lord, not to the lord himself. It is remarkable that +this law was enacted by the king in a council which he held at +Verneuil, and which consisted of some prelates and barons of England, +as well as some of Normandy, Poictou, Anjou, Maine, Touraine, and +Britany; and the statute took place in all these last-mentioned +territories [c], though totally unconnected with each other [d]; a +certain proof how irregular the ancient feudal government was, and how +near the sovereigns, in some instances, approached to despotism, +though in others they seemed scarcely to possess any authority. If a +prince, much dreaded and revered, like Henry, obtained but the +appearance of general consent to an ordinance which was equitable and +just, it became immediately an established law, and all his subjects +acquiesced in it. If the prince was hated or despised; if the nobles +who supported him had small influence; if the humours of the times +disposed the people to question the justice of his ordinance; the +fullest and most authentic assembly had no authority. Thus all was +confusion and disorder; no regular idea of a constitution; force and +violence decided every thing. +[FN [c] Bened. Abb. p. 248. It was usual for the kings of England, +after the conquest of Ireland, to summon barons and members of that +country to the English Parliament. Mollineux's case of Ireland, p. +64, 65, 66. [d] Spellman even doubts whether the law were not also +extended to England. If it were not, it could only be because Henry +did not choose it; for his authority was greater in that kingdom than +in his transmarine dominions.] + +The success which had attended Henry in his wars did not much +encourage his neighbours to form any attempt against him; and his +transactions with them during several years, contain little memorable. +Scotland remained in that state of feudal subjection to which he had +reduced it, and gave him no farther inquietude. He sent over his +fourth son, John, into Ireland, with a view of making a more complete +conquest of the island; but the petulance and incapacity of this +prince, by which he enraged the Irish chieftains, obliged the king +soon after to recall him [e]. The King of France had fallen into an +abject superstition; and was induced, by a devotion more sincere than +that of Henry, to make a pilgrimage to the tomb of Becket, in order to +obtain his intercession for the cure of Philip, his eldest son. He +probably thought himself well entitled to the favour of that saint on +account of their ancient intimacy; and hoped that Becket, whom he had +protected while on earth, would not now, when he was so highly exalted +in heaven, forgot his old friend and benefactor. The monks, sensible +that their saint's honour was concerned in the case, failed not to +publish that Lewis's prayers were answered, and that the young prince +was restored to health by Becket's intercession. That king himself +was soon after struck with an apoplexy, which deprived him of his +understanding: Philip, though a youth of fifteen, took on him the +administration, till his father's death, which happened soon after, +opened his way to the throne; and he proved the ablest and greatest +monarch that had governed that kingdom since the age of Charlemagne. +The superior years, however, and experience of Henry, while they +moderated his ambition, gave him such an ascendant over this prince, +that no dangerous rivalship, for a long time, arose between them. [MN +1180.] The English monarch, instead of taking advantage of his own +situation, rather employed his good offices in composing the quarrels +which arose in the royal family of France; and he was successful in +mediating a reconciliation between Philip and his mother and uncles. +These services were but ill requited by Philip, who, when he came to +man's estate, fomented all the domestic discords in the royal family +of England, and encouraged Henry's sons in their ungrateful and +undutiful behaviour towards him. +[FN [e] Bened. Abb. p. 437, &c.] + +Prince Henry, equally impatient of obtaining power, and incapable of +using it, renewed to the king the demand of his resigning Normandy; +and on meeting with a refusal, he fled with his consort to the court +of France: but not finding Philip at that time disposed to enter into +war for his sake, he accepted of his father's offers of +reconciliation, and made him submissions. It was a cruel circumstance +in the king's fortune, that he could hope for no tranquillity from the +criminal enterprises of his sons but by their mutual discord and +animosities, which disturbed his family, and threw his state into +convulsions. Richard, whom he had made master of Guienne, and who had +displayed his valour and military genius by suppressing the revolts of +his mutinous barons, refused to obey Henry's orders, in doing homage +to his elder brother for that duchy, and he defended himself against +young Henry and Geoffrey, who, uniting their arms, carried war into +his territories [f]. The king, with some difficulty, composed this +difference; but immediately found his eldest son engaged in +conspiracies, and ready to take arms against himself. While the young +prince was conducting these criminal intrigues, he was seized with a +fever at Martel, [MN 1183.] a castle near Turenne, to which he had +retired in discontent; and seeing the approaches of death, he was at +last struck with remorse for his undutiful behaviour towards his +father. He sent a message to the king, who was not far distant; +expressed his contrition for his faults; and entreated the favour of a +visit, that he might at least die with the satisfaction of having +obtained his forgiveness. Henry, who had so often experienced the +prince's ingratitude and violence, apprehended that his sickness was +entirely feigned, and he durst not intrust himself into his son's +hands: but when he soon after received intelligence of young Henry's +death, [MN 11th June. Death of young Henry.] and the proofs of his +sincere repentance, this good prince was affected with the deepest +sorrow; he thrice fainted away; he accused his own hard-heartedness in +refusing the dying request of his son; and he lamented that he had +deprived that prince of the last opportunity of making atonement for +his offences, and of pouring out his soul in the bosom of his +reconciled father [s]. This prince died in the twenty-eighth year of +his age. +[FN [f] Ypod. Neust. p. 451. Bened. Abb. p. 383. Diceto, p. 617. +[g] Bened. Abb. p. 393. Hoveden, p. 621. Trivet, vol. i. p. 84.] + +The behaviour of his surviving children did not tend to give the king +any consolation for the loss. As Prince Henry had left no posterity, +Richard was become heir to all his dominions; and the king intended +that John, his third surviving son and favourite, should inherit +Guienne as his appanage; but Richard refused his consent, fled into +that duchy, and even made preparations for carrying on war, as well +against his father as against his brother Geoffrey, who was now put in +possession of Britany. Henry sent for Eleanor his queen, the heiress +of Guienne, and required Richard to deliver up to her the dominion of +these territories; which the prince, either dreading an insurrection +of the Gascons in her favour, or retaining some sense of duty towards +her, readily performed; and he peaceably returned to his father's +court. No sooner was this quarrel accommodated, than Geoffrey, the +most vicious perhaps of all Henry's unhappy family, broke out into +violence; demanded Anjou to be annexed to his dominions of Britany; +and on meeting with a refusal, fled to the court of France, and levied +forces against his father [h]. [MN 1185.] Henry was freed from this +danger by his son's death, who was killed in a tournament at Paris +[i]. The widow of Geoffrey, soon after his decease, was delivered of +a son, who received the name of Arthur, and was invested in the duchy +of Britany, under the guardianship of his grandfather, who, as Duke of +Normandy, was also superior lord of that territory. Philip, as lord +paramount, disputed some time his title to this wardship; but was +obliged to yield to the inclinations of the Bretons, who preferred the +government of Henry. +[FN [h] Neubrig. p. 422. [i] Bened. Abb. p. 451 Chron. Gervase, p. +1480.] + +[MN Crusades.] +But the rivalship between these potent princes, and all their inferior +interests, seemed now to have given place to the general passion for +the relief of the Holy Land, and the expulsion of the Saracens. Those +infidels, though obliged to yield to the immense inundation of +Christians in the first crusade, had recovered courage after the +torrent was past; and attacking on all quarters the settlements of the +Europeans, had reduced these adventurers to great difficulties, and +obliged them to apply again for succours from the West. A second +crusade, under the Emperor Conrade and Lewis VII., King of France, in +which there perished above two hundred thousand men, brought them but +a temporary relief; and those princes, after losing such immense +armies, and seeing the flower of their nobility fall by their side, +returned with little honour into Europe. But these repeated +misfortunes, which drained the western world of its people and +treasure, were not yet sufficient to cure men of their passion for +those spiritual adventures; and a new incident rekindled with fresh +fury the zeal of the ecclesiastics and military adventurers among the +Latin Christians. Saladin, a prince of great generosity, bravery, and +conduct, having fixed himself on the throne of Egypt, began to extend +his conquests over the East; and finding the settlement of the +Christians in Palestine an invincible obstacle to the progress of his +arms, he bent the whole force of his policy and valour to subdue that +small and barren, but important territory. Taking advantage of +dissensions which prevailed among the champions of the cross, and +having secretly gained the Count of Tripoli, who commanded their +armies, he invaded the frontiers with a mighty power; and, aided by +the treachery of that count, gained over them at Tiberiade a complete +victory, which utterly annihilated the force of the already +languishing kingdom of Jerusalem. The holy city itself fell into his +hands, after a feeble resistance; the kingdom of Antioch was almost +entirely subdued; and except some maritime towns, nothing considerable +remained of those boasted conquests, which, near a century before, it +had cost the efforts of all Europe to acquire [k]. +[FN [k] M. Paris, p. 100.] + +[MN 1187.] The western Christians were astonished on receiving this +dismal intelligence. Pope Urban III, it is pretended, died of grief, +and his successor, Gregory VIII., employed the whole time of his short +pontificate in rousing to arms all the Christians who acknowledged his +authority. The general cry was, that they were unworthy of enjoying +any inheritance in heaven, who did not vindicate from the dominion of +the infidel the inheritance of God on earth, and deliver from slavery +that country which had been consecrated by the footsteps of their +Redeemer. [MN 1188. 21st Jan.] William, Archbishop of Tyre, having +procured a conference between Henry and Philip near Gisors, enforced +all these topics; gave a pathetic description of the miserable state +of the eastern Christians, and employed every argument to excite the +ruling passions of the age, superstition and jealousy of military +honour [l]. The two monarchs immediately took the cross; many of +their most considerable vassals imitated the example [m]; and as the +Emperor Frederick I. entered into the same confederacy, some +well-grounded hopes of success were entertained; and men flattered +themselves that an enterprise which had failed under the conduct of +many independent leaders, or of impruddent princes, might, at last, by +the efforts of such potent and able monarchs, be brought to a happy +issue. +[FN [l] Bened. Abb. p. 531. [m] Neubrig. p. 435. Heming, p. 512.] + +The kings of France and England imposed a tax, amounting to the tenth +of all moveable goods on such as remained at home [n]; but as they +exempted from this burden most of the regular clergy, the secular +aspired to the same immunity; pretended that their duty obliged them +to assist the crusade with their prayers alone; and it was with some +difficulty they were constrained to desist from an opposition, which +in them who had been the chief promoters of those pious enterprises, +appeared with the worst grace imaginable [o]. This backwardness of +the clergy is perhaps a symptom, that the enthusiastic ardour which +had at first seized the people for crusades, was now by time and ill +success considerably abated; and that the frenzy was chiefly supported +by the military genius and love of glory in the monarchs. +[FN [n] Bened. Abb. p. 498. [o] Petri Blessen. epist. 112.] + +But before this great machine could be put in motion, there were still +many obstacles to surmount. Philip, jealous of Henry's power, entered +into a private confederacy with young Richard; and, working on his +ambitious and impatient temper, persuaded him, instead of supporting +and aggrandizing that monarchy which he was one day to inherit, to +seek present power and independence by disturbing and dismembering it. +[MN 1189. Revolt of Prince Richard.] In order to give a pretence for +hostilities between the two kings, Richard broke into the territories +of Raymond, Count of Toulouse, who immediately carried complaints of +this violence before the King of France as his superior lord. Philip +remonstrated with Henry; but received for answer, that Richard had +confessed to the Archbishop of Dublin, that his enterprise against +Raymond had been undertaken by the approbation of Philip himself, and +was conducted by his authority. The King of France, who might have +been covered with shame and confusion by this detection, still +prosecuted his design, and invaded the provinces of Berri and +Auvergne, under colour of revenging the quarrel of the Count of +Toulouse [p]. Henry retaliated by making inroads upon the frontiers +of France, and burning Dreux. As this war, which destroyed all hopes +of success in the projected crusade, gave great scandal, the two kings +held a conference at the accustomed place between Gisors and Trie, in +order to find means of accommodating their differences: they separated +on worse terms than before; and Philip, to show his disgust, ordered a +great elm, under which the conferences had been usually held, to be +cut down [q]; as if he had renounced all desire of accommodation, and +was determined to carry the war to extremities against the King of +England. But his own vassals refused to serve under him in so +invidious a cause [r]; and he was obliged to come anew to a conference +with Henry, and to offer terms of peace. These terms were such as +entirely opened the eyes of the King of England, and fully convinced +him of the perfidy of his son, and his secret alliance with Philip, of +which he had before only entertained some suspicion. The King of +France required that Richard should be crowned King of England in the +lifetime of his father, should be invested in all his transmarine +dominions, and should immediately espouse Alice, Philip's sister, to +whom he had formerly been affianced, and who had already been +conducted into England [s]. Henry had experienced such fatal effects +both from the crowning of his eldest son, and from that prince's +alliance with the royal family of France, that he rejected these +terms; and Richard, in consequence of his secret agreement with +Philip, immediately revolted from him [t], did homage to the King of +France for all the dominions which Henry held of that crown, and +received the investitures as if he had already been the lawful +possessor. Several historians assert, that Henry himself had become +enamoured of young Alice and mention this as an additional reason for +his refusing these conditions: but he had so many other just and +equitable motives for his conduct, that it is superfluous to assign a +cause, which the great prudence and advanced age of that monarch +rendered somewhat improbable. +[FN [p] Bened. Abb. p. 508. [q] Bened. Abb. p. 517, 532. [r] Ibid. +p. 519. [s] Ibid. p. 521. Hoveden, p. 652. [t] Brompton, p. 114. +Neubrig. p. 437.] + +Cardinal Albano, the pope's legate, displeased with these increasing +obstacles to the crusade, excommunicated Richard, as the chief spring +of discord: but the sentence of excommunication, which, when it was +properly prepared, and was zealously supported by the clergy, had +often great influence in that age, proved entirely ineffectual in the +present case. The chief barons of Poictou, Guienne, Normandy, and +Anjou, being attached to the young prince, and finding that he had now +received the investiture from their superior lord, declared for him, +and made inroads into the territories of such as still adhered to the +king. Henry, disquieted by the daily revolts of his mutinous +subjects, and dreading still worse effects from their turbulent +disposition, had again recourse to papal authority; and engaged the +Cardinal Anagni, who had succeeded Albano in the legateship, to +threaten Philip with laying an interdict on all his dominions. But +Philip, who was a prince of great vigour and capacity, despised the +menace, and told Anagni, that it belonged not to the pope to interpose +in the temporal disputes of princes, much less in those between him +and his rebellious vassal. He even proceeded so far as to reproach +him with partiality, and with receiving bribes from the king of +England [u]; while Richard, still more outrageous, offered to draw his +sword against the legate, and was hindered by the interposition alone +of the company from committing violence upon him [w]. +[FN [u] M. Paris, p. 104. Bened. Abb. p. 542. Hoveden, p. 652. [w] +M. Paris, p. 104.] + +The King of England was now obliged to defend his dominions by arms, +and to engage in a war with France, and with his eldest son, a prince +of great valour, on such disadvantageous terms. Ferte-Barnard fell +first into the hands of the enemy: Mans was next taken by assault; and +Henry, who had thrown himself into that place, escaped with some +difficulty [x]: Amboise, Chaumont, and Chateau de Loire, opened their +gates on the appearance of Philip and Richard: Tours was menaced; and +the king, who had retired to Saumur, and had daily instances of the +cowardice or infidelity of his governors, expected the most dismal +issue to all his enterprises. While he was in this state of +despondency, the Duke of Burgundy, the Earl of Flanders, and the +Archbishop of Rheims, interposed with their good offices; and the +intelligence which he received of the taking of Tours, and which made +him fully sensible of the desperate situation of his affairs, so +subdued his spirit that he submitted to all the rigorous terms which +were imposed upon him. He agreed that Richard should marry the +Princess Alice; that that prince should receive the homage and oath of +fealty of all his subjects both in England and his transmarine +dominions; that he himself should pay twenty thousand marks to the +King of France as a compensation for the charges of the war; that his +own barons should engage to make him observe this treaty by force, and +in case of his violating it, should promise to join Philip and Richard +against him; and that all his vassals who had entered into confederacy +with Richard, should receive an indemnity for the offence [y]. +[FN [x] Ibid. p. 105. Bened. Abb. p. 543. Hoveden, p. 653. [y] M. +Paris, p. 106. Bened. Abb. p. 545. Hoveden, p. 653.] + +But the mortification which Henry, who had been accustomed to give the +law in most treaties, received from these disadvantageous terms, was +the least that he met with on this occasion. When he demanded a list +of those barons, to whom he was bound to grant a pardon for their +connexions with Richard, he was astonished to find at the head of them +the name of his second son John [z]; who had always been his +favourite, whose interests he had ever anxiously at heart, and who had +even, on account of his ascendant over him, often excited the jealousy +of Richard [a]. The unhappy father, already overloaded with cares and +sorrows, finding this last disappointment in his domestic tenderness, +broke out into expressions of the utmost despair, cursed the day in +which he received his miserable being, and bestowed on his ungrateful +and undutiful children a malediction which he never could be prevailed +on to retract [b]. The more his heart was disposed to friendship and +affection, the more he resented the barbarous return which his four +sons had successively made to his parental care; and this finishing +blow, by depriving him of every comfort in life, quite broke his +spirit and threw him into a lingering fever, of which he expired at +the Castle of Chinon, near Saumur. [MN 1189. 6th July. Death,] His +natural son Geoffrey, who alone had behaved dutifully towards him, +attended his corpse to the nunnery of Fontevrault; where it lay in +state in the abbey church. Next day Richard, who came to visit the +dead body of his father, and who, notwithstanding his criminal +conduct, was not wholly destitute of generosity, was struck with +horror and remorse at the sight; and as the attendants observed, that, +at that very instant, blood gushed from the mouth and nostrils of the +corpse [c], he exclaimed, agreeably to a vulgar superstition, that he +was his father's murderer; and he expressed a deep sense, though too +late, of that undutiful behaviour which had brought his parent to an +untimely grave [d]. +[FN [z] Hoveden. p. 654. [a] Bened. Abb. p. 541. [b] Hoveden, p. +654. [c] Bened. Abb. p. 547. Brompton, p. 1151. [d] M. Paris, p. +107.] + +[MN and character of Henry.] Thus died, in the fifty-eighth year of +his age, and thirty-fifth of his reign, the greatest prince of his +time, for wisdom, virtue, and abilities, and the most powerful in +extent of dominion of all those that had ever filled the throne of +England. His character, in private as well as in public life, is +almost without a blemish; and he seems to have possessed every +accomplishment, both of body and mind, which makes a man either +estimable or amiable. He was of a middle stature, strong and well +proportioned; his countenance was lively and engaging; his +conversation affable and entertaining; his elocution easy, persuasive, +and ever at command. He loved peace, but possessed both bravery and +conduct in war; was provident without timidity; severe in the +execution of justice without rigour; and temperate without austerity. +He preserved health, and kept himself from corpulency, to which he was +somewhat inclined, by an abstemious diet and by frequent exercise, +particularly hunting. When he could enjoy leisure, he recreated +himself either in learned conversation or in reading; and he +cultivated his natural talents by study, above any prince of his time. +His affections, as well as his enmities, were warm and durable; and +his long experience of the ingratitude and infidelity of men never +destroyed the natural sensibility of his temper, which disposed him to +friendship and society. His character has been transmitted to us by +several writers who were his contemporaries [e]; and it extremely +resembles, in its most remarkable features, that of his maternal +grandfather Henry I.: excepting only that ambition, which was a ruling +passion in both, found not in the first Henry such unexceptionable +means of exerting itself, and pushed that prince into measures which +were both criminal in themselves, and were the cause of farther +crimes, from which his grandson's conduct was happily exempted. +[FN [e] Petri Bles. epist. 46, 47. in Bibliotheca Patrum, vol. xxiv. +p. 985, 986, &c. Girald. Camb. p. 783, &c.] + +[MN Miscellaneous transactions of this reign.] +This prince, like most of his predecessors of the Norman line, except +Stephen, passed more of his time on the continent than in this island: +he was surrounded with the English gentry and nobility, when abroad: +the French gentry and nobility attended him when he resided in +England: both nations acted in the government as if they were the same +people: and, on many occasions, the legislatures seem not to have been +distinguished. As the king and all the English barons were of French +extraction, the manners of that people acquired the ascendant, and +were regarded as the models of imitation. All foreign improvements, +therefore, such as they were, in literature and politeness, in laws +and arts, seem now to have been, in a good measure, transplanted into +England; and that kingdom was become little inferior, in all the +fashionable accomplishments, to any of its neighbours on the +continent. The more homely but more sensible manners and principles +of the Saxons were exchanged for the affectations of chivalry, and the +subtleties of school philosophy: the feudal ideas of civil government, +the Romish sentiments in religion, had taken entire possession of the +people: by the former, the sense of submission towards princes was +somewhat diminished in the barons; by the latter the devoted +attachment to papal authority was much augmented among the clergy. +The Norman and other foreign families established in England had now +struck deep root; and being entirely incorporated with the people, +whom at first they oppressed and despised, they no longer thought that +they needed protection of the crown for the enjoyment of their +possessions, or considered their tenure as precarious. They aspired +to the same liberty and independence which they saw enjoyed by their +brethren on the continent, and desired to restrain those exorbitant +prerogatives and arbitrary practices, which the necessities of war and +the violence of conquest had at first obliged them to indulge in their +monarch. That memory also of a more equal government under the Saxon +princes, which remained with the English, diffused still farther the +spirit of liberty, and made the barons both desirous of more +independence to themselves, and willing to indulge it to the people. +And it was not long ere this secret revolution in the sentiments of +men produced, first violent convulsions in the state, then an evident +alteration in the maxims of government. + +The history of all the preceding Kings of England since the Conquest +gives evident proofs of the disorders attending the feudal +institutions; the licentiousness of the barons, their spirit of +rebellion against the prince and laws, and of animosity against each +other: the conduct of the barons in the transmarine dominions of those +monarchs afforded perhaps still more flagrant instances of these +convulsions; and the history of France, during several ages, consists +almost entirely of narrations of this nature. The cities, during the +continuance of this violent government, could neither be very numerous +nor populous; and there occur instances which seem to evince, that +though these are always the first seat of law and liberty, their +police was in general loose and irregular, and exposed to the same +disorders with those by which the country was generally infested. It +was a custom in London for great numbers, to the amount of a hundred +or more, the sons and relations of considerable citizens, to form +themselves into a licentious confederacy, to break into rich houses +and plunder them, to rob and murder the passengers, and to commit with +impunity all sorts of disorder. By these crimes, it had become so +dangerous to walk the streets by night, that the citizens durst no +more venture abroad after sunset than if they had been exposed to the +incursions of a public enemy. The brother of the Earl of Ferrars had +been murdered by some of those nocturnal rioters; and the death of so +eminent a person, which was much more regarded than that of many +thousands of an inferior station, so provoked the king, that he swore +vengeance against the criminals and became thenceforth more rigorous +in the execution of the laws [f]. +[FN [f] Bened. Abb. p. 196.] + +There is another instance given by historians, which proves to what a +height such riots had proceeded, and how open these criminals were in +committing their robberies. A band of them had attacked the house of +a rich citizen, with an intention of plundering it; had broken through +a stone wall with hammers and wedges; and had already entered the +house sword in hand; when the citizen armed cap-a-pie, and supported +by his faithful servants, appeared in the passage to oppose them; he +cut off the right hand of the first robber that entered; and made such +stout resistance, that his neighbours had leisure to assemble, and +come to his relief. The man who lost his hand was taken; and was +tempted by the promise of pardon to reveal his confederates; among +whom was one John Senex, esteemed among the richest and best-born +citizens in London. He was convicted by the ordeal; and though he +offered five hundred marks for his life, the king refused the money, +and ordered him to be hanged [g]. It appears from a statute of Edward +I. that these disorders were not remedied even in that reign. It was +then made penal to go out at night after the hour of the curfew, to +carry a weapon, or to walk without a light or lantern [h]. It is said +in the preamble to this law, that, both by night and by day, there +were continual frays in the streets of London. +[FN [g] Ibid. p. 197, 198. [h] Observations on the ancient Statutes, +p. 216.] + +Henry's care in administering justice had gained him so great a +reputation, that even foreign and distant princes made him arbiter, +and submitted their differences to his judgment. Sanchez, King of +Navarre, having some controversies with Alphonso, King of Castile, was +contented, though Alphonso had married the daughter of Henry, to +choose this prince for a referee; and they agreed each of them to +consign three castles into neutral hands as a pledge of their not +departing from his award. Henry made the cause be examined before +his great council, and gave a sentence, which was submitted to by both +parties. These two Spanish kings sent each a stout champion to the +court of England, in order to defend his cause by arms, in case the +way of duel had been chosen by Henry [i]. +[FN [i] Rymer, vol. iv. p. 43. Bened. Abb. p. 172. Diceto, p. 597. +Brompton, p. 1120.] + +Henry so far abolished the barbarous and absurd practice of +confiscating ships which had been wrecked on the coast, that he +ordained, if one man or animal were alive in the ship, that the vessel +and goods should be restored to the owners [k]. +[FN [k] Rymer, vol. i. p. 36.] + +The reign of Henry was remarkable also for an innovation which was +afterwards carried farther by his successors, and was attended with +the most important consequences. This prince was disgusted with the +species of military force which was established by the feudal +institutions, and which, though it was extremely burdensome to the +subject, yet rendered very little service to the sovereign. The +barons, or military tenants, came late into the field; they were +obliged to serve only forty days; they were unskilful and disorderly +in all their operations; and they were apt to carry into the camp the +same refractory and independent spirit, to which they were accustomed +in their civil government. Henry, therefore, introduced the practice +of making a commutation of their military service for money; and he +levied scutages from his baronies and knights' fees, instead of +requiring the personal attendance of his vassals. There is mention +made, in the History of the Exchequer, of these scutages in his +second, fifth, and eighteenth year [l]; and other writers give us an +account of three more of them [m]. When the prince had thus obtained +money, he made a contract with some of those adventurers in which +Europe at that time abounded: they found him soldiers of the same +character with themselves, who were bound to serve for a stipulated +time: the armies were less numerous, but more useful, than when +composed of all the military vassals of the crown: the feudal +institutions began to relax: the kings became rapacious for money, on +which all their power depended: the barons, seeing no end of +exactions, sought to defend their property: and as the same causes had +nearly the same effects in the different countries of Europe, the +several crowns either lost or acquired authority, according to their +different success in the contest. +[FN [l] Madox, p. 435, 436, 437, 438. [m] Tyrrel, vol. ii. p. 466, +from the records.] + +This prince was also the first that levied a tax on the moveables or +personal estates of his subjects, nobles as well as commons. Their +zeal for the holy wars made them submit to this innovation; and a +precedent being once obtained, this taxation became, in following +reigns, the usual method of supplying the necessities of the crown. +The tax of Danegelt, so generally odious to the nation, was remitted +in this reign. + +It was a usual practice of the Kings of England to repeat the ceremony +of their coronation thrice every year, on assembling the states at the +three great festivals. Henry, after the first years of his reign, +never renewed this ceremony, which was found to be very expensive and +very useless. None of his successors revived it. It is considered as +a great act of grace in this prince, that he mitigated the rigour of +the forest laws, and punished any transgressions of them, not +capitally, but by fines, imprisonments, and other more moderate +penalties. + +Since we are here collecting some detached incidents which show the +genius of the age, and which could not so well enter into the body of +our history, it may not be improper to mention the quarrel between +Roger, Archbishop of York, and Richard, Archbishop of Canterbury. We +may judge of the violence of military men and laymen, when +ecclesiastics could proceed to such extremities. Cardinal Haguezun +being sent, in 1176, as legate into Britain, summoned an assembly of +the clergy at London; and as both the archbishops pretended to sit on +his right hand, this question of precedency begat a controversy +between them. The monks and retainers of Archbishop Richard fell upon +Roger, in the presence of the cardinal and of the synod, threw him to +the ground, trampled him under foot, and so bruised him with blows +that he was taken up half dead, and his life was with difficulty saved +from their violence. The Archbishop of Canterbury was obliged to pay +a large sum of money to the legate, in order to suppress all +complaints with regard to this enormity [n]. +[FN [n] Bened. Abb. p. 138, 139. Brompton, p. 1109. Chron Gerv. p. +1433. Neubrig. p. 413.] + +We are told by Giraldus Cambrensis, that the monks and prior of St. +Swithun threw themselves one day prostrate on the ground and in the +mire before Henry, complaining, with many tears and much doleful +lamentation, that the Bishop of Winchester, who was also their abbot, +had cut off three dishes from their table. How many has he left you? +said the king. Ten only, replied the disconsolate monks. I myself, +exclaimed the king, never have more than three; and I enjoin your +bishop to reduce you to the same number [o]. +[FN [o] Gir. Camb. cap. 5. in Anglia Sacra, vol. ii.] + +This king left only two legitimate sons, Richard who succeeded him, +and John who inherited no territory, though his father had often +intended to leave him a part of his extensive dominions. He was +thence commonly denominated LACKLAND. Henry left three legitimate +daughters: Maud, born in 1156, and married to Henry, Duke of Saxony; +Eleanor, born in 1162, and married to Alphonso, King of Castile; Joan, +born in 1165, and married to William, King of Sicily [p]. +[FN [p] Diceto, p. 616.] + +Henry is said by ancient historians to have been of a very amorous +disposition: they mention two of his natural sons by Rosamond, +daughter of Lord Clifford; namely, Richard Longespee, or Longsword, +(so called from the sword he usually wore,) who was afterwards married +to Ela, the daughter and heir of the Earl of Salisbury; and Geoffrey, +first Bishop of Lincoln, then Archbishop of York. All the other +circumstances of the story, commonly told of that lady, seem to be +fabulous. + + + + +CHAPTER X. + +RICHARD I. + +THE KING'S PREPARATIONS FOR THE CRUSADE.--SETS OUT ON THE CRUSADE.-- +TRANSACTIONS IN SICILY.--KING'S ARRIVAL IN PALESTINE.--STATE OF +PALESTINE.--DISORDERS IN ENGLAND.--THE KING'S HEROIC ACTIONS IN +PALESTINE.--HIS RETURN FROM PALESTINE.--CAPTIVITY IN GERMANY.--WAR +WITH FRANCE.--THE KING'S DELIVERY.--RETURN TO ENGLAND.--WAR WITH +FRANCE.--DEATH AND CHARACTER OF THE KING.--MISCELLANEOUS TRANSACTIONS +OF THIS REIGN. + + + +[MN 1189.] The compunction of Richard for his undutiful behaviour +towards his father was durable, and influenced him in the choice of +his ministers and servants after his accession. Those who had +seconded and favoured his rebellion, instead of meeting with that +trust and honour which they expected, were surprised to find that they +lay under disgrace with the new king, and were on all occasions hated +and despised by him. The faithful ministers of Henry, who had +vigorously opposed all the enterprises of his sons, were received with +open arms, and were continued in those offices which they had +honourably discharged to their former master [a]. This prudent +conduct might be the result of reflection; but in a prince like +Richard, so much guided by passion, and so little by policy, it was +commonly ascribed to a principle still more virtuous and more +honourable. +[FN [a] Hoveden, p. 655. Bened. Abb. p. 547. M. Paris, p. 107.] + +Richard, that he might make atonement to one parent for his breach of +duty to the other, immediately sent orders for releasing the queen- +dowager from the confinement in which she had long been detained; and +he intrusted her with the government of England till his arrival in +that kingdom. His bounty to his brother John was rather profuse and +imprudent. Besides bestowing on him the county of Mortaigne, in +Normandy, granting him a pension of four thousand marks a year, and +marrying him to Avisa, the daughter of the Earl of Gloucester, by whom +he inherited all the possessions of that opulent family, he increased +his appanage, which the late king had destined him, by other extensive +grants and concessions. He conferred on him the whole estate of +William Peverell, which had escheated to the crown: he put him in +possession of eight castles, with all the forests and honours annexed +to them: he delivered over to him no less than six earldoms, Cornwall, +Devon, Somerset, Nottingham, Dorset, Lancaster, and Derby. And +endeavouring by favours, to fix that vicious prince in his duty, he +put it too much in his power, whenever he pleased, to depart from it. + +[MN The king's preparations for the crusade.] +The king, impelled more by the love of military glory than by +superstition, acted from the beginning of his reign, as if the sole +purpose of his government had been the relief of the Holy Land, and +the recovery of Jerusalem from the Saracens. This zeal against +infidels, being communicated to his subjects, broke out in London on +the day of his coronation, and made them find a crusade less +dangerous, and attended with more immediate profit. The prejudices of +the age had made the lending of money on interest pass by the +invidious name of usury; yet the necessity of the practice had still +continued it, and the greater part of that kind of dealing fell +everywhere into the hands of the Jews; who being already infamous on +account of their religion, had no honour to lose, and were apt to +exercise a profession, odious in itself, by every kind of rigour, and +even sometimes by rapine and extortion. The industry and frugality of +this people had put them in possession of all the ready money, which +the idleness and profusion, common to the English with other European +nations, enabled them to lend at exorbitant and unequal interest. The +monkish writers represent it as a great stain on the wise and +equitable government of Henry, that he had carefully protected this +infidel race from all injures and insults; but the zeal of Richard +afforded the populace a pretence for venting their animosity against +them. The king had issued an edict prohibiting their appearance at +his coronation; but some of them, bringing him large presents from +their nation, presumed, in confidence of that merit, to approach the +hall in which he dined: being discovered, they were exposed to the +insults of the bystanders; they took to flight; the people pursued +them; the rumour was spread that the king had issued orders to +massacre all the Jews; a command so agreeable was executed in an +instant on such as fell into the hands of the populace; those who had +kept at home were exposed to equal danger; the people, moved by +rapacity and zeal, broke into their houses, which they plundered, +after having murdered the owners; where the Jews barricaded their +doors, and defended themselves with vigour, the rabble set fire to the +houses, and made way through the flames to exercise their pillage and +violence; the usual licentiousness of London, which the sovereign +power with difficulty restrained, broke out with fury, and continued +these outrages; the houses of the richest citizens, though Christians, +were next attacked and plundered; and weariness and satiety at last +put an end to the disorder: yet, when the king empowered Glanville, +the justiciary, to inquire into the authors of these crimes, the guilt +was found to involve so many of the most considerable citizens, that +it was deemed more prudent to drop the prosecution; and very few +suffered the punishment due to this enormity. But the disorder +stopped not at London. The inhabitants of the other cities of +England, hearing of this slaughter of the Jews, imitated the example: +in York, five hundred of that nation, who had retired into the castle +for safety, and found themselves unable to defend the place, murdered +their own wives and children, threw the dead bodies over the walls +upon the populace, and then setting fire to the houses perished in the +flames. The gentry of the neighbourhood, who were all indebted to the +Jews, ran to the cathedral, where their bonds were kept, and made a +solemn bonfire of the papers before the altar. The compiler of the +Annals of Waverley, in relating these events, blesses the Almighty for +thus delivering over this impious race to destruction [b]. +[FN [b] Gale's Collect. vol. iii. p. 165.] + +The ancient situation of England, when the people possessed little +riches and the public no credit, made it impossible for sovereigns to +bear the expense of a steady or durable war, even on their frontiers; +much less could they find regular means for the support of distant +expeditions like those into Palestine, which were more the result of +popular frenzy than of sober reason or deliberate policy. Richard, +therefore, knew that he must carry with him all the treasure necessary +for his enterprise, and that both the remoteness of his own country +and its poverty made it unable to furnish him with those continued +supplies, which the exigencies of so perilous a war must necessarily +require. His father had left him a treasure of above a hundred +thousand marks; and the king, negligent of every consideration but his +present object, endeavoured to augment this sum by all expedients, how +pernicious soever to the public, or dangerous to royal authority. He +put to sale the revenues and manors of the crown; the offices of +greatest trust and power, even those of forester and sheriff, which +anciently were so important [c], became venal; the dignity of chief +justiciary, in whose hands was lodged the whole execution of the laws, +was sold to Hugh de Puzas, Bishop of Durham, for a thousand marks; the +same prelate bought the earldom of Northumberland for life [d]; many +of the champions of the cross, who had repented of the vow, purchased +the liberty of violating it; and Richard, who stood less in need of +men than of money, dispensed, on these conditions, with their +attendance. Elated with the hopes of fame, which, in that age, +attended no wars but those against the infidels, he was blind to every +other consideration; and when some of his wiser ministers objected to +this dissipation of the revenue and power of the crown, he replied +that he would sell London itself, could he find a purchaser [e]. +Nothing, indeed, could be a stronger proof how negligent he was of all +future interests in comparison of the crusade, than his selling, for +so small a sum as ten thousand marks, the vassalage of Scotland, +together with the fortresses of Roxburgh and Berwick, the greatest +acquisition that had been made by his father during the course of his +victorious reign; and his accepting the homage of William in the usual +terms, merely for the territories which that prince held in England +[f]. The English of all ranks and stations were oppressed by numerous +exactions; menaces were employed, both against the innocent and the +guilty, in order to extort money from them; and where a pretence was +wanting against the rich, the king obliged them, by the fear of his +displeasure, to lend him sums which, he knew, it would never be in his +power to repay. +[FN [c] The sheriff had anciently both the administration of justice +and the management of the king's revenue committed to him in the +county. See HALE, OF SHERIFF'S ACCOUNTS. [d] M. Paris, p. 109. [e] +W. Heming. p. 519. Knyghton, p. 2402. [f] Hoveden, p. 662. Rymer, +vol. i. p. 64. M. West. p. 257.] + +But Richard, though he sacrificed every interest and consideration to +the success of this pious enterprise, carried so little the appearance +of sanctity in his conduct, that Fulk, curate of Neuilly, a zealous +preacher of the crusade, who, from that merit, had acquired the +privilege of speaking the boldest truths, advised him to rid himself +of his notorious vices, particularly his pride, avarice, and +voluptuousness, which he called the king's three favourite daughters. +YOU COUNSEL WELL, replied Richard, and I HEREBY DISPOSE OF THE FIRST +TO THE TEMPLARS, OF THE SECOND TO THE BENEDICTINES, AND OF THE THIRD +TO MY PRELATES. + +Richard, jealous of attempts which might be made on England during his +absence, laid Prince John, as well as his natural brother, Geoffrey, +Archbishop of York, under engagements, confirmed by their oaths, that +neither of them should enter the kingdom till his return; though he +thought proper, before his departure, to withdraw this prohibition. +The administration was left in the hands of Hugh, Bishop of Durham, +and of Longchamp, Bishop of Ely, whom he appointed justiciaries and +guardians of the realm. The latter was a Frenchman, of mean birth, +and of a violent character; who, by art and address, had insinuated +himself into favour, whom Richard had created chancellor, and whom he +had engaged the pope also to invest with the legatine authority, that, +by centering every kind of power in his person, he might the better +ensure the public tranquillity. All the military and turbulent +spirits flocked about the person of the king, and were impatient to +distinguish themselves against the infidels in Asia; whither his +inclinations, his engagements, led him, and whither he was impelled by +messages from the King of France, ready to embark in this enterprise. + +The Emperor Frederic, a prince of great spirit and conduct, had +already taken the road to Palestine, at the head of one hundred and +fifty thousand men, collected from Germany and all the northern +states. Having surmounted every obstacle thrown in his way by the +artifices of the Greeks and the power of the infidels, he had +penetrated to the borders of Syria; when, bathing in the cold river +Cydnus during the greatest heat of the summer season, he was seized +with a mortal distemper, which put an end to his life and his rash +enterprise [g]. His army, under the command of his son, Conrade, +reached Palestine; but was so diminished by fatigue, famine, maladies, +and the sword, that it scarcely amounted to eight thousand men; and +was unable to make any progress against the great power, valour, and +conduct of Saladin. These reiterated calamities attending the +crusades had taught the Kings of France and England the necessity of +trying another road to the Holy Land; and they determined to conduct +their armies thither by sea, to carry provisions along with them, and, +by means of their naval power, to maintain an open communication with +their own states, and with the western parts of Europe. The place of +rendezvous was appointed in the plains of Vezelay, on the borders of +Burgundy [h]: [MN 1190. 29th June.] Philip and Richard, on their +arrival there, found their combined army amount to one hundred +thousand men [i]; a mighty force, animated with glory and religion, +conducted by two warlike monarchs, provided with every thing which +their several dominions could supply, and not to be overcome but by +their own misconduct, or by the unsurmountable obstacles of nature. +[FN [g] Bened. Abb. p. 556. [h] Hoveden, p. 660. [i] Vinisauf, p. +305.] + +[MN King sets out on the crusade.] +The French prince and the English here reiterated their promises of +cordial friendship, pledged their faith not to invade each other's +dominions during the crusade, mutually exchanged the oaths of all +their barons and prelates to the same effect, and subjected themselves +to the penalty of interdicts and excommunications, if they should ever +violate this public and solemn engagement. They then separated; +Philip took the road to Genoa, Richard that to Marseilles, with a view +of meeting their fleets, which were severally appointed to rendezvous +in these harbours. [MN 14th Sept.] They put to sea; and, nearly +about the same time, were obliged, by stress of weather, to take +shelter in Messina, where they were detained during the whole winter. +This incident laid the foundation of animosities which proved fatal to +their enterprise. + +Richard and Philip were, by the situation and extent of their +dominions, rivals in power; by their age and inclinations, competitors +for glory; and these causes of emulation which, had the princes been +employed in the field against the common enemy, might have stimulated +them to martial enterprises, soon excited, during the present leisure +and repose, quarrels between monarchs of such a fiery character. +Equally haughty, ambitious, intrepid, and inflexible, they were +irritated with the least appearance of injury, and were incapable, by +mutual condescensions, to efface those causes of complaint, which +unavoidably arose between them. Richard, candid, sincere, +undesigning, impolitic, violent, laid himself open, on every occasion, +to the designs of his antagonist; who, provident, interested, +intriguing, failed not to take all advantages against him: and thus, +both the circumstances of their disposition in which they were +similar, and those in which they differed, rendered it impossible for +them to persevere in that harmony which was so necessary to the +success of their undertaking. + +[MN Transactions in Sicily.] +The last King of Sicily and Naples was William II., who had married +Joan, sister to Richard, and who, dying without issue, had bequeathed +his dominions to his paternal aunt, Constantia, the only legitimate +descendant surviving of Roger, the first sovereign of those states who +had been honoured with the royal title. This princess had, in +expectation of that rich inheritance, been married to Henry VI., the +reigning emperor [k]; but Tancred, her natural brother, had fixed such +an interest among the barons, that, taking advantage of Henry's +absence, he had acquired possession of the throne, and maintained his +claim, by force of arms, against all the efforts of the Germans [l]. +The approach of the crusaders naturally gave him apprehensions for his +unstable government; and he was uncertain, whether he had most reason +to dread the presence of the French or of the English monarch. Philip +was engaged in a strict alliance with the emperor his competitor; +Richard was disgusted by his rigours towards the queen-dowager, whom +the Sicilian prince had confined in Palermo, because she had opposed +with all her interest his succession to the crown. Tancred, +therefore, sensible of the present necessity, resolved to pay court to +both these formidable princes; and he was not unsuccessful in his +endeavours. He persuaded Philip that it was highly improper for him +to interrupt his enterprise against the infidels, by any attempt +against a Christian state: he restored Queen Joan to her liberty; and +even found means to make an alliance with Richard, who stipulated by +treaty to marry his nephew, Arthur, the young Duke of Britany, to one +of the daughters of Tancred [m]. But before these terms of friendship +were settled, Richard, jealous both of Tancred and of the inhabitants +of Messina, had taken up his quarters in the suburbs, and had +possessed himself of a small fort, which commanded the harbour; and he +kept himself extremely on his guard against their enterprises. [MN 3d +Oct.] The citizens took umbrage. Mutual insults and attacks passed +between them and the English: Philip, who had quartered his troops in +the town, endeavoured to accommodate the quarrel, and held a +conference with Richard for that purpose. While the two kings, +meeting in the open fields, were engaged in discourse on this subject, +a body of those Sicilians seemed to be drawing towards them; and +Richard pushed forwards, in order to inquire into the reason of this +extraordinary movement [n]. The English, insolent from their power, +and inflamed with former animosities, wanted but a pretence for +attacking the Messinese: they soon chased them off the field, drove +them into the town, and entered with them at the gates. The king +employed his authority to restrain them from pillaging and massacring +the defenceless inhabitants; but he gave orders, in token of his +victory, that the standard of England should be erected on the walls. +Philip, who considered that place as his quarters, exclaimed against +the insult, and ordered some of his troops to pull down the standard: +but Richard informed him by a messenger, that, though he himself would +willingly remove that ground of offence, he would not permit it to be +done by others; and if the French king attempted such an insult upon +him, he should not succeed but by the utmost effusion of blood. +Philip, content with this species of haughty submission, recalled his +orders [o]; the difference was seemingly accommodated; but still left +the remains of rancour and jealousy in the breasts of the two +monarchs. +[FN [k] Bened. Abb. p. 580. [1] Hoveden, p. 663. [m] Hoveden, p. +676, 677. Bened Abb. p. 615. [n] Bened. Abb. p. 608. [o] Hoveden, +p. 674.] + +Tancred, who, for his own security, desired to inflame their mutual +hatred, employed an artifice which might have been attended with +consequences still more fatal. [MN 1191.] He showed Richard a +letter, signed by the French king, and delivered to him, as he +pretended, by the Duke of Burgundy; in which that monarch desired +Tancred to fall upon the quarters of the English, and promised to +assist him in putting them to the sword, as common enemies. The +unwary Richard gave credit to the information; but was too candid not +to betray his discontent to Philip, who absolutely denied the letter, +and charged the Sicilian prince with forgery and falsehood. Richard +either was, or pretended to be, entirely satisfied [p]. +[FN [p] Ibid. p. 688. Bened. Abb. p. 642, 643. Brompton, p. 1195.] + +Lest these jealousies and complaints should multiply between them, it +was proposed, that they should, by a solemn treaty, obviate all future +differences, and adjust every point that could possibly hereafter +become a controversy between them. But this expedient started a new +dispute, which might have proved more dangerous than any of the +foregoing, and which deeply concerned the honour of Philip's family. +When Richard, in every treaty with the late king, insisted so +strenuously on being allowed to marry Alice of France, he had only +sought a pretence for quarrelling; and never meant to take to his bed +a princess suspected of a criminal amour with his own father. After +he became master, he no longer spake of that alliance: he even took +measures for espousing Berengaria, daughter of Sanchez, King of +Navarre, with whom he had become enamoured during his abode in Guienne +[q]; Queen Eleanor was daily expected with that princess at Messina +[r] and when Philip renewed to him his applications for espousing his +sister Alice, Richard was obliged to give him an absolute refusal. It +is pretended by Hoveden and other historians [s], that he was able to +produce such convincing proofs of Alice's infidelity, and even of her +having borne a child to Henry, that her brother desisted from his +applications, and chose to wrap up the dishonour of his family in +silence and oblivion. It is certain, from the treaty itself, which +remains [t], that whatever were his motives, he permitted Richard to +give his hand to Berengaria; and having settled all other +controversies with that prince, he immediately set sail for the Holy +Land. Richard awaited some time the arrival of his mother and bride; +and when they joined him, he separated his fleet into two squadrons, +and set forward on his enterprise. Queen Eleanor returned to England, +but Berengaria and the queen-dowager of Sicily, his sister, attended +him on the expedition [u]. +[FN [q] Vinisauf, p. 316. [r] M. Paris, p. 112. Trivet, p. 102. W. +Heming, p. 519. [s] Hoveden, p. 688. [t] Rymer, vol. i. p. 69. +Chron. de Dunst, p. 44. [u] Bened. Abb. p. 644.] + +The English fleet, on leaving the port of Messina, met with a furious +tempest, and the squadron on which the two princesses were embarked +was driven on the coast of Cyprus, and some of the vessels were +wrecked near Limisso in that island. [MN 12th April.] Isaac, Prince +of Cyprus, who assumed the magnificent title of Emperor, pillaged the +ships that were stranded, threw the seamen and passengers into prison, +and even refused to the princesses liberty, in their dangerous +situation, of entering the harbour of Limisso. But Richard, who +arrived soon after, took ample vengeance on him for the injury. He +disembarked his troops; defeated the tyrant, who opposed his landing; +entered Limisso by storm; gained next day a second victory; obliged +Isaac to surrender at discretion; and established governors over the +island. The Greek prince, being thrown into prison and loaded with +irons, complained of the little regard with which he was treated: upon +which, Richard ordered silver fetters to be made for him; and this +emperor, pleased with the distinction, expressed a sense of the +generosity of his conqueror [w]. [MN 1191. 12th May.] The king here +espoused Berengaria, who, immediately embarking, carried along with +her to Palestine the daughter of the Cypriot prince; a dangerous +rival, who was believed to have seduced the affections of her husband. +Such were the libertine character and conduct of the heroes engaged in +this pious enterprise! +[FN [w] Bened. Abb. p. 650. Ann. Waverl. p. 164. Vinisauf, p. 328. +W. Heming. p. 523.] + +[MN The king's arrival in Palestine.] +The English army arrived in time to partake in the glory of the siege +of Acre or Ptolemais, which had been attacked for above two years by +the united forces of all the Christians in Palestine, and had been +defended by the utmost efforts of Saladin and the Saracens. The +remains of the German army, conducted by the Emperor Frederic, and the +separate bodies of adventurers who continually poured in from the +West, had enabled the King of Jerusalem to form this important +enterprise [x]: but Saladin, having thrown a strong garrison into the +place under the command of Caracos, his own master in the art of war, +and molesting the besiegers with continual attacks and sallies, had +protracted the success of the enterprise, and wasted the force of his +enemies. The arrival of Philip and Richard inspired new life into the +Christians; and these princes, acting by concert, and sharing the +honour and danger of every action, gave hopes of a final victory over +the infidels. They agreed on this plan of operations: when the French +monarch attacked the town, the English guarded the trenches: next day, +when the English prince conducted the assault, the French succeeded +him in providing for the safety of the assailants. The emulation +between those rival kings and rival nations produced extraordinary +acts of valour: Richard in particular, animated with a more +precipitate courage than Philip, and more agreeable to the romantic +spirit of that age, drew to himself the general attention, and +acquired a great and splendid reputation. But this harmony was of +short duration; and occasions of discord soon arose between these +jealous and haughty princes. +[FN [x] Vinisauf, p. 269, 271, 279.] + +[MN 1191. State of Palestine.] +The family of Bouillon, which had first been placed on the throne of +Jerusalem, ending in a female, Fulk, Count of Anjou, grandfather to +Henry II. of England, married the heiress of that kingdom, and +transmitted his title to the younger branches of his family. The +Anjevin race ending also in a female, Guy de Lusignan, by espousing +Sibylla, the heiress, had succeeded to the title; and though he lost +his kingdom by the invasion of Saladin, he was still acknowledged by +all the Christians for king of Jerusalem [y]. But as Sibylla died +without issue, during the siege of Acre, Isabella, her younger sister, +put in her claim to that titular kingdom, and required Lusignan to +resign his pretensions to her husband, Conrade, Marquis of Montferrat. +Lusignan maintaining that the royal title was unalienable and +indefeasible, had recourse to the protection of Richard, attended on +him before he left Cyprus, and engaged him to embrace his cause [z]. +There needed no other reason for throwing Philip into the party of +Conrade; and the opposite views of these great monarchs brought +faction and dissension into the Christian army, and retarded all its +operations. The Templars, the Genoese, and the Germans declared for +Philip and Conrade; the Flemings, the Pisans, the Knights of the +Hospital of St. John, adhered to Richard and Lusignan. But +notwithstanding these disputes, as the length of the siege had reduced +the Saracen garrison to the last extremity, [MN 12th July.] they +surrendered themselves prisoners; stipulated, in return for their +lives, other advantages to the Christians, such as the restoring of +the Christian prisoners, and the delivery of the wood of the true +cross [a]; and this great enterprise, which had long engaged the +attention of all Europe and Asia, was, at last, after the loss of +three hundred thousand men, brought to a happy period. +[FN [y] Vinisauf, p. 281. [z] Trivet, p. 134. Vinisauf, p. 342. W. +Heming. p. 524. [a] This true cross was lost in the battle of +Tiberiade, to which it had been carried by the crusaders for their +protection. Rigord, an author of that age, says, that after this +dismal event, all the children who were born throughout all +Christendom had only twenty or twenty-two teeth, instead of thirty or +thirty-two, which was their former complement, p. 14.] + +But Philip, instead of pursuing the hopes of farther conquest, and of +redeeming the holy city from slavery, being disgusted with the +ascendant assumed and acquired by Richard, and having views of many +advantages, which he might reap by his presence in Europe, declared +his resolution of returning to France; and he pleaded his bad state of +health as an excuse for his desertion of the common cause. He left, +however, to Richard ten thousand of his troops, under the command of +the Duke of Burgundy; and he renewed his oath never to commence +hostilities against that prince's dominions during his absence. But +he had no sooner reached Italy than he applied, it is pretended, to +Pope Celestine III. for a dispensation from his vow; and when denied +that request, he still proceeded, though after a covert manner, in a +project, which the present situation of England rendered inviting, and +which gratified, in an eminent degree, both his resentment and his +ambition. + +[MN Disorders in England.] +Immediately after Richard had left England, and begun his march to the +Holy Land, the two prelates, whom he had appointed guardians of the +realm, broke out into animosities against each other, and threw the +kingdom into combustion. Longchamp, presumptuous in his nature, +elated by the favour which he enjoyed with his master, and armed with +the legatine commission, could not submit to an equality with the +Bishop of Durham: he even went so far as to arrest his colleague, and +to extort from him a resignation of the earldom of Northumberland, and +of his other dignities, as the price of his liberty [b]. The king, +informed of these dissensions, ordered, by letters from Marseilles, +that the bishop should be reinstated in his offices; but Longchamp had +still the boldness to refuse compliance, on pretence that he himself +was better acquainted with the king's secret intentions [c]. He +proceeded to govern the kingdom by his sole authority; to treat all +the nobility with arrogance; and to display his power and riches with +an invidious ostentation. He never travelled without a strong guard +of fifteen hundred foreign soldiers, collected from that licentious +tribe with which the age was generally infested: nobles and knights +were proud of being admitted into his train: his retinue wore the +aspect of royal magnificence: and when, in his progress through the +kingdom, he lodged in any monastery, his attendants, it is said, were +sufficient to devour, in one night, the revenue of several years [d]. +The king, who was detained in Europe longer than the haughty prelate +expected, hearing of this ostentation, which exceeded even what the +habits of that age indulged in ecclesiastics; being also informed of +the insolent, tyrannical conduct of his minister, thought proper to +restrain his power: he sent new orders, appointing Walter Archbishop +of Rouen, William Mareschal Earl of Strigul, Geoffrey Fitz-Peter, +William Briewere, and Hugh Bardolf, counsellors to Longchamp, and +commanding him to take no measure of importance without their +concurrence and approbation. But such general terror had this man +impressed by his violent conduct, that even the Archbishop of Rouen +and the Earl of Strigul durst not produce this mandate of the king's; +and Longchamp still maintained an uncontrolled authority over the +nation. But when he proceeded so far as to throw into prison +Geoffrey, Archbishop of York, who had opposed his measures, this +breach of ecclesiastical privileges excited such an universal ferment, +that Prince John, disgusted with the small share he possessed in the +government, and personally disobliged by Longchamp, ventured to +summon, at Reading, a general council of the nobility and prelates, +and cite him to appear before them. Longchamp thought it dangerous to +intrust his person in their hands, and he shut himself up in the Tower +of London; but being soon obliged to surrender that fortress, he fled +beyond sea, concealed under a female habit, and was deprived of his +offices of chancellor and chief justiciary; the last of which was +conferred on the Archbishop of Rouen, a prelate of prudence and +moderation. The commission of legate, however, which had been renewed +to Longchamp by Pope Celestine, still gave him, notwithstanding his +absence, great authority in the kingdom, enabled him to disturb the +government, and forwarded the views of Philip, who watched every +opportunity of annoying Richard's dominions. [MN 1192.] That monarch +first attempted to carry open war into Normandy; but as the French +nobility refused to follow him in an invasion of a state which they +had sworn to protect, and as the pope, who was the general guardian of +all princes that had taken the cross, threatened him with +ecclesiastical censures, he desisted from his enterprise, and employed +against England the expedient of secret policy and intrigue. He +debauched Prince John from his allegiance; promised him his sister +Alice in marriage; offered to give him possession of all Richard's +transmarine dominions; and had not the authority of Queen Eleanor, and +the menaces of the English council, prevailed over the inclinations of +that turbulent prince, he was ready to have crossed the seas, and to +have put in execution his criminal enterprises. +[FN [b] Hoveden, p. 665. Knyghton, p. 2403. [c] W. Heming. p. 528. +[d] Hoveden, p. 680. Bened. Abb. p. 626, 700. Brompton, p. 1193.] + +[MN The king's heroic actions in Palestine.] +The jealousy of Philip was every moment excited by the glory which the +great actions of Richard were gaining him in the East, and which, +being compared to his own desertion of that popular cause, threw a +double lustre on his rival. His envy, therefore, prompted him to +obscure that fame which he had not equalled; and he embraced every +pretence of throwing the most violent and most improbable calumnies on +the King of England. There was a petty prince in Asia, commonly +called THE OLD MAN OF THE MOUNTAIN, who had acquired such an ascendant +over his fanatical subjects, that they paid the most implicit +deference to his commands; esteemed assassination meritorious when +sanctified by his mandate; courted danger, and even certain death, in +the execution of his orders; and fancied, that when they sacrificed +their lives for his sake, the highest joys of paradise were the +infallible reward of their devoted obedience [e]. It was the custom +of this prince, when he imagined himself injured, to despatch secretly +some of his subjects against the aggressor, to charge them with the +execution of his revenge, to instruct them in every art of disguising +their purpose; and no precaution was sufficient to guard any man, +however powerful, against the attempts of these subtle and determined +ruffians. The greatest monarchs stood in awe of this Prince of the +Assassins, (for that was the name of his people; whence the word has +passed into most European languages,) and it was the highest +indiscretion in Conrade, Marquis of Montferrat, to offend and affront +him. The inhabitants of Tyre, who were governed by that nobleman, had +put to death some of this dangerous people: the prince demanded +satisfaction; for, as he piqued himself on never beginning any offence +[f], he had his regular and established formalities in requiring +atonement: Conrade treated his messengers with disdain: the prince +issued the fatal order: two of his subjects, who had insinuated +themselves in disguise among Conrade's guards, openly, in the streets +of Sidon, wounded him mortally; and when they were seized and put to +the most cruel tortures, they triumphed amidst their agonies, and +rejoiced that they had been destined by heaven to suffer in so just +and meritorious a cause. +[FN [e] W. Heming. p. 532. Brompton, p. 1243. [f] Rymer, vol. i. p. +71.] + +Every one in Palestine knew from what hand the blow came. Richard was +entirely free from suspicion. Though that monarch had formerly +maintained the cause of Lusignan against Conrade, he had become +sensible of the bad effects attending those dissensions, and had +voluntarily conferred on the former the kingdom of Cyprus, on +condition that he should resign to his rival all pretensions to the +crown of Jerusalem [g]. Conrade himself, with his dying breath, had +recommended his widow to the protection of Richard [h]; the Prince of +the Assassins avowed the action in a formal narrative which he sent to +Europe [i]; yet, on this foundation, the King of France thought fit to +build the most egregious calumnies, and to impute to Richard the +murder of the Marquis of Montferrat, whose elevation he had once +openly opposed. He filled all Europe with exclamations against the +crime; appointed a guard for his own person, in order to defend +himself against a like attempt [k]; and endeavoured, by these shallow +artifices, to cover the infamy of attacking the dominions of a prince +whom he himself had deserted, and who was engaged with so much glory +in a war, universally acknowledged to be the common cause of +Christendom. +[FN [g] Vinisauf, p. 391. [h] Brompton, p. 1243. [i] Rymer, vol. i. +p. 71. Trivet, p. 124. W. Heming. p. 544. Diceto, p. 680. [k] W +Heming. p. 532. Brompton, p. 1245.] + +But Richard's heroic actions in Palestine were the best apology for +his conduct. The Christian adventurers under his command determined, +on opening the campaign, to attempt the siege of Ascalon, in order to +prepare the way for that of Jerusalem; and they marched along the sea- +coast with that intention. Saladin purposed to intercept their +passage; and he placed himself on the road with an army, amounting to +three hundred thousand combatants. On this occasion was fought one of +the greatest battles of that age; and the most celebrated, for the +military genius of the commanders, for the number and valour of the +troops, and for the great variety of events which attended it. Both +the right wing of the Christians, commanded by d'Avesnes, and the +left, conducted by the Duke of Burgundy, were, in the beginning of the +day, broken and defeated; when Richard, who led on the main body, +restored the battle; attacked the enemy with intrepidity and presence +of mind; performed the part both of a consummate general and gallant +soldier; and not only gave his two wings leisure to recover from their +confusion, but obtained a complete victory over the Saracens, of whom +forty thousand are said to have perished in the field [l]. Ascalon +soon after fell into the hands of the Christians: other sieges were +carried on with equal success: Richard was even able to advance within +sight of Jerusalem, the object of his enterprise, when he had the +mortification to find that he must abandon all hopes of immediate +success, and must put a stop to his career of victory. The crusaders, +animated with an enthusiastic ardour for the holy wars, broke at first +through all regards to safety or interest in the prosecution of their +purpose; and trusting to the immediate assistance of Heaven, set +nothing before their eyes but fame and victory in this world, and a +crown of glory in the next. But long absence from home, fatigue, +disease, want, and the variety of incidents which naturally attend +war, had gradually abated that fury, which nothing was able directly +to withstand; and every one, except the King of England, expressed a +desire of speedily returning into Europe. The Germans and the +Italians declared their resolution of desisting from the enterprise: +the French were still more obstinate in this purpose: the Duke of +Burgundy, in order to pay court to Philip, took all opportunities of +mortifying and opposing Richard [m]: and there appeared an absolute +necessity of abandoning for the present all hopes of farther conquest, +and of securing the acquisitions of the Christians by an accommodation +with Saladin. Richard, therefore, concluded a truce with that +monarch; and stipulated that Acre, Joppa, and other sea-port towns of +Palestine, should remain in the hands of the Christians, and that +every one of that religion should have liberty to perform his +pilgrimage to Jerusalem unmolested. This truce was concluded for +three years, three months, three weeks, three days, and three hours; a +magical number, which had probably been devised by the Europeans, and +which was suggested by a superstition well suited to the object of the +war. +[FN [l] Hoveden, p. 698. Bened. Abb. p. 677. Diceto, p. 662. +Brompton, p. 1214. [m] Vinisauf, p. 380.] + +The liberty, in which Saladin indulged the Christians, to perform +their pilgrimages to Jerusalem, was an easy sacrifice on his part; and +the furious wars which he waged in defence of the barren territory of +Judea were not with him, as with the European adventurers, the result +of superstition, but of policy. The advantage indeed of science, +moderation, humanity, was at that time entirely on the side of the +Saracens; and this gallant emperor, in particular, displayed, during +the course of the war, a spirit and generosity, which even his bigoted +enemies were obliged to acknowledge and admire. Richard, equally +martial and brave, carried with him more of the barbarian character, +and was guilty of acts of ferocity, which threw a stain on his +celebrated victories. When Saladin refused to ratify the capitulation +of Acre, the king of England ordered all his prisoners, to the number +of five thousand, to be butchered; and the Saracens found themselves +obliged to retaliate upon the Christians by a like cruelty [n]. +Saladin died at Damascus soon after concluding this truce with the +princes of the crusade: it is memorable that, before he expired, he +ordered his winding-sheet to be carried as a standard through every +street of the city; while a crier went before, and proclaimed with a +loud voice, THIS IS ALL THAT REMAINS TO THE MIGHTY SALADIN, THE +CONQUEROR OF THE EAST. By his last will he ordered charities to be +distributed to the poor without distinction of Jew, Christian, or +Mahometan. +[FN [n] Hoveden, p. 697. Bened. Abb. p. 673. M. Paris, p. 115. +Vinisauf, p. 346. W. Heming. p. 531.] + +[MN 1192. The king's return from Palestine.] +There remained, after the truce, no business of importance to detain +Richard in Palestine; and the intelligence which he received, +concerning the intrigues of his brother John, and those of the King of +France, made him sensible that his presence was necessary in Europe. +As he dared not to pass through France, be sailed to the Adriatic; and +being shipwrecked near Aquileia, he put on the disguise of a pilgrim, +with a purpose of taking his journey secretly through Germany. +Pursued by the governor of Istria, he was forced out of the direct +road to England, and was obliged to pass by Vienna, [MN 20th Dec.] +where his expenses and liberalities betrayed the monarch in the habit +of the pilgrim; and he was arrested by orders of Leopold, Duke of +Austria. This prince had served under Richard at the siege of Acre; +but being disgusted by some insult of that haughty monarch, he was so +ungenerous as to seize the present opportunity of gratifying at once +his avarice and revenge; and he threw the king into prison. [MN +1193.] The emperor, Henry VI., who also considered Richard as an +enemy, on account of the alliance contracted by him with Tancred, King +of Sicily, despatched messengers to the Duke of Austria, required the +royal captive to be delivered to him, and stipulated a large sum of +money as a reward for this service. [MN Captivity in Germany.] Thus, +the King of England, who had filled the whole world with his renown, +found himself, during the most critical state of his affairs, confined +in a dungeon, and loaded with irons, in the heart of Germany [o], and +entirely at the mercy of his enemies, the basest and most sordid of +mankind. +[FN [o] Chron. T. Wykes, p. 35.] + +The English council was astonished on receiving this fatal +intelligence; and foresaw all the dangerous consequences which might +naturally arise from that event. The queen-dowager wrote reiterated +letters to Pope Celestine, exclaiming against the injury which her son +had sustained; representing the impiety of detaining in prison the +most illustrious prince that had yet carried the banners of Christ +into the Holy Land; claiming the protection of the apostolic see, +which was due even to the meanest of those adventurers; and upbraiding +the pope, that in a cause where justice, religion, and the dignity of +the church, were so much concerned, a cause which it might well befit +his holiness himself to support, by taking in person a journey to +Germany, the spiritual thunders should so long be suspended over those +sacrilegious offenders [p]. The zeal of Celestine corresponded not to +the impatience of the queen-mother; and the regency of England were, +for a long time, left to struggle alone with all their domestic and +foreign enemies. +[FN [p] Rymer, vol. i. p. 72, 73, 74, 75, 76, &c.] + +[MN War with France.] +The King of France, quickly informed of Richard's confinement by a +message from the emperor [q], prepared himself to take advantage of +the incident; and he employed every means of force and intrigue, of +war and negotiation, against the dominions and the person of his +unfortunate rival. He revived the calumny of Richard's assassinating +the Marquis of Montferrat; and by that absurd pretence he induced his +barons to violate their oaths, by which they had engaged that, during +the crusade, they never would, on any account, attack the dominions of +the King of England. He made the emperor the largest offers, if he +would deliver into his hands the royal prisoner, or at least detain +him in perpetual captivity: he even formed an alliance by marriage +with the King of Denmark, desired that the ancient Danish claim to the +crown of England should be transferred to him, and solicited a supply +of shipping to maintain it. But the most successful of Philip's +negotiations was with Prince John, who, forgetting every tie to his +brother, his sovereign, and his benefactor, thought of nothing but how +to make his own advantage of the public calamities. That traitor, on +the first invitation from the court of France, suddenly went abroad, +had a conference with Philip, and made a treaty, of which the object +was the perpetual ruin of his unhappy brother. He stipulated to +deliver into Philip's hands a great part of Normandy [r]; he received, +in return, the investiture of all Richard's transmarine dominions; and +it is reported by several historians, that he even did homage to the +French king for the crown of England. +[FN [q] Ibid. p. 70. [r] Rymer, vol. i. p. 85.] + +In consequence of this treaty, Philip invaded Normandy; and by the +treachery of John's emissaries, made himself master, without +opposition, of many fortresses, Neuf-chatel, Neaufle, Gisors, Pacey, +Ivree: he subdued the counties of Eu and Aumale; and advancing to form +the siege of Rouen, he threatened to put all the inhabitants to the +sword if they dared to make resistance. Happily, Robert, Earl of +Leicester, appeared in that critical moment; a gallant nobleman, who +had acquired great honour during the crusade, and who, being more +fortunate than his master in finding his passage homewards, took on +him the command in Rouen, and exerted himself, by his exhortations and +example, to infuse courage into the dismayed Normans. Philip was +repulsed in every attack; the time of service from his vassals +expired; and he consented to a truce with the English regency, +received in return the promise of twenty thousand marks, and had four +castles put into his hands, as security for the payment [s]. +[FN [s] Hoveden, p.730, 731. Rymer, vol. i. p. 81.] + +Prince John, who, with a view of increasing the general confusion, +went over to England, was still less successful in his enterprises. +He was only able to make himself master of the castles of Windsor and +Wallingford; but when he arrived in London, and claimed the kingdom as +heir to his brother, of whose death he pretended to have received +certain intelligence, he was rejected by all the barons, and measures +were taken to oppose and subdue him [t]. The justiciaries, supported +by the general affection of the people, provided so well for the +defence of the kingdom, that John was obliged, after some fruitless +efforts, to conclude a truce with them; and before its expiration, he +thought it prudent to return to France, where he openly avowed his +alliance with Philip [u]. +[FN [t] Hoveden, p. 724. [u] W. Heming. p. 536.] + +Meanwhile the high spirit of Richard suffered in Germany every kind of +insult and indignity. The French ambassadors, in their master's name, +renounced him as a vassal to the crown of France, and declared all +his fiefs to be forfeited to his liege lord. The emperor, that he +might render him more impatient for the recovery of his liberty, and +make him submit to the payment of a larger ransom, treated him with +the greatest severity, and reduced him to a condition worse than that +of the meanest malefactor. He was even produced before the diet of +the empire at Worms, and accused by Henry of many crimes and +misdemeanours; of making an alliance with Tancred, the usurper of +Sicily; of turning the arms of the crusade against a Christian prince, +and subduing Cyprus; of affronting the Duke of Austria before Acre; of +obstructing the progress of the Christian arms by his quarrels with +the King of France; of assassinating Conrade, Marquis of Montferrat; +and of concluding a truce with Saladin, and leaving Jerusalem in the +hands of the Saracen emperor [w]. Richard, whose spirit was not +broken by his misfortunes, and whose genius was rather roused by these +frivolous or scandalous imputations; after premising, that his dignity +exempted him from answering before any jurisdiction, except that of +Heaven; yet condescended, for the sake of his reputation, to justify +his conduct before that great assembly. He observed, that he had no +hand in Tancred's elevation, and only concluded a treaty with a prince +whom he found in possession of the throne; that the king, or rather +tyrant of Cyprus, had provoked his indignation by the most ungenerous +and unjust proceedings; and though he chastised this aggressor, he had +not retarded a moment the progress of his chief enterprise: that if he +had at any time been wanting in civility to the Duke of Austria, he +had already been sufficiently punished for that sally of passion; and +it better became men, embarked together in so holy a cause, to forgive +each other's infirmities, than to pursue a slight offence with such +unrelenting vengeance: that it had sufficiently appeared by the event, +whether the King of France or he were most zealous for the conquest of +the Holy Land, and were most likely to sacrifice private passions and +animosities to that great object: that if the whole tenour of his life +had not shown him incapable of a base assassination, and justified him +from that imputation in the eyes of his very enemies, it was in vain +for him, at present, to make his apology, or plead the many +irrefragable arguments which he could produce in his own favour: and +that, however he might regret the necessity, he was so far from being +ashamed of his truce with Saladin, that he rather gloried in that +event; and thought it extremely honourable, that, though abandoned by +all the world, supported only by his own courage, and by the small +remains of his national troops, he could yet obtain such conditions +from the most powerful and most warlike emperor that the East had ever +yet produced. Richard, after thus deigning to apologize for his +conduct, burst out into indignation at the cruel treatment which he +had met with; that he, the champion of the cross, still wearing that +honourable badge, should, after expending the blood and treasure of +his subjects in the common cause of Christendom, be intercepted by +Christian princes in his return to his own country, be thrown into a +dungeon, be loaded with irons, be obliged to plead his cause, as if he +were a subject and a malefactor; and what he still more regretted, be +thereby prevented from making preparations for a new crusade, which he +had projected, after the expiration of the truce, and from redeeming +the sepulchre of Christ, which had so long been profaned by the +dominion of infidels. The spirit and eloquence of Richard made such +impression on the German princes, that they exclaimed loudly against +the conduct of the emperor; the pope threatened him with +excommunication; and Henry, who had hearkened to the proposals of the +King of France and Prince John, found that it would be impracticable +for him to execute his and their base purposes, or to detain the King +of England any longer in captivity. [MN The king's delivery.] He +therefore concluded with him a treaty for his ransom, and agreed to +restore him to his freedom for the sum of a hundred and fifty thousand +marks, about three hundred thousand pounds of our present money; of +which a hundred thousand marks were to be paid before he received his +liberty, and sixty-seven hostages delivered for the remainder [x]. +The emperor, as if to gloss over the infamy of this transaction, made +at the same time a present to Richard of the kingdom of Arles, +comprehending Provence, Dauphiny, Narbonne, and other states, over +which the empire had some antiquated claims; a present which the king +very wisely neglected. +[FN [w] M Paris, p. 121. W. Heming. p. 536. [x] Rymer, vol. i. p. +84.] + +The captivity of the superior lord was one of the cases provided for +by the feudal tenures; and all the vassals were in that event obliged +to give an aid for his ransom. Twenty shillings were therefore levied +on each knight's fee in England; but as this money came in slowly, and +was not sufficient for the intended purpose, the voluntary zeal of the +people readily supplied the deficiency. The churches and monasteries +melted down their plate, to the amount of thirty thousand marks; the +bishops, abbots, and nobles, paid a fourth of their yearly rent; the +parochial clergy contributed a tenth of their tithes; [MN 1194. 4th +Feb.] and the requisite sum being thus collected, Queen Eleanor, and +Walter, Archbishop of Rouen, set out with it for Germany; paid the +money to the emperor and the Duke of Austria at Mentz; delivered them +hostages for the remainder; and freed Richard from captivity. His +escape was very critical. Henry had been detected in the +assassination of the Bishop of Liege, and in an attempt of a like +nature on the Duke of Louvaine; and finding himself extremely +obnoxious to the German princes on account of these odious practices, +he had determined to seek support from an alliance with the King of +France; to detain Richard, the enemy of that prince, in perpetual +captivity; to keep in his hands the money which he had already +received for his ransom; and to extort fresh sums from Philip and +Prince John, who were very liberal in their offers to him. He +therefore gave orders that Richard should be pursued and arrested; but +the king, making all imaginable haste, had already embarked at the +mouth of the Schelde, and was out of sight of land, when the +messengers of the emperor reached Antwerp. + +[MN King's return to England, 20th March.] +The joy of the English was extreme on the appearance of their monarch, +who had suffered so many calamities, who had acquired so much glory, +and who had spread the reputation of their name into the farthest +East, whither their fame had never before been able to extend. He +gave them, soon after his arrival, an opportunity of publicly +displaying their exultation, by ordering himself to be crowned anew at +Winchester; as if he intended, by that ceremony, to reinstate himself +in his throne, and to wipe off the ignominy of his captivity. Their +satisfaction was not damped, even when he declared his purpose of +resuming all those exorbitant grants, which he had been necessitated +to make before his departure for the Holy Land. The barons, also, in +a great council, confiscated, on account of his treason, all Prince +John's possessions in England; and they assisted the king in reducing +the fortresses which still remained in the hands of his brother's +adherents [y]. Richard, having settled every thing in England, passed +over with an army into Normandy; being impatient to make war on +Philip, and to revenge himself for the many injuries which he had +received from that monarch [z]. As soon as Philip heard of the king's +deliverance from captivity, he wrote to his confederate John in these +terms: TAKE CARE OF YOURSELF: THE DEVIL IS BROKEN LOOSE [a]. +[FN [y] Hoveden, p. 737. Ann. Waverl. p. 165. W. Heming, p. 540. +[z] Hoveden, p. 740. [a] Ibid. p. 739.] + +[MN War with France.] +When we consider such powerful and martial monarchs inflamed with +personal animosity against each other, enraged by mutual injuries, +excited by rivalship, impelled by opposite interests, and instigated +by the pride and violence of their own temper; our curiosity is +naturally raised, and we expect an obstinate and furious war, +distinguished by the greatest events, and concluded by some remarkable +catastrophe. Yet are the incidents which attend those hostilities so +frivolous that scarce any historian can entertain such a passion for +military descriptions as to venture on a detail of them: a certain +proof of the extreme weakness of princes in those ages, and of the +little authority they possessed over their refractory vassals! The +whole amount of the exploits on both sides is, the taking of a castle, +the surprise of a straggling party, a rencounter of horse, which +resembles more a rout than a battle. Richard obliged Philip to raise +the siege of Verneuil; he took Loches, a small town in Anjou: he made +himself master of Beaumont, and some other places of little +consequence; and after these trivial exploits, the two kings began +already to hold conferences for an accommodation. Philip insisted +that, if a general peace were concluded, the barons on each side +should, for the future, be prohibited from carrying on private wars +against each other: but Richard replied, that this was a right claimed +by his vassals, and he could not debar them from it. After this +fruitless negotiation, there ensued an action between the French and +English cavalry at Fretteval, in which the former were routed, and the +King of France's cartulary and records, which commonly at that time +attended his person, were taken. But this victory leading to no +important advantages, a truce for a year was at last, from mutual +weakness, concluded between the two monarchs. + +During this war, Prince John deserted from Philip, threw himself at +his brother's feet, craved pardon for his offences, and by the +intercession of Queen Eleanor was received into favour. I FORGIVE +HIM, said the king, AND HOPE I SHALL AS EASILY FORGET HIS INJURIES AS +HE WILL MY PARDON. John was incapable even of returning to his duty, +without committing a baseness. Before he left Philip's party, he +invited to dinner all the officers of the garrison, which that prince +had placed in the citadel of Evreux: he massacred them during the +entertainment: fell, with the assistance of the townsmen, on the +garrison, whom he put to the sword; and then delivered up the place to +his brother. + +The King of France was the great object of Richard's resentment and +animosity: the conduct of John, as well as that of the emperor and +Duke of Austria, had been so base, and was exposed to such general +odium and reproach, that the king deemed himself sufficiently revenged +for their injuries; and he seems never to have entertained any project +of vengeance against any of them. The Duke of Austria, about this +time, having crushed his leg by the fall of his horse at a tournament, +was thrown into a fever; and being struck, on the approaches of death, +with remorse for his injustice to Richard, he ordered, by will, all +the English hostages in his hands to be set at liberty, and the +remainder of the debt due to him to be remitted: his son, who seemed +inclined to disobey these orders, was constrained by his ecclesiastics +to execute them [b]. [MN 1195.] The emperor also made advances for +Richard's friendship, and offered to give him a discharge of all the +debt not yet paid to him provided he would enter into an offensive +alliance against the King of France; a proposal which was very +acceptable to Richard, and was greedily embraced by him. The treaty +with the emperor took no effect; but it served to rekindle the war +between France and England before the expiration of the truce. This +war was not distinguished by any more remarkable instances than the +foregoing. After mutually ravaging the open country, and taking a few +insignificant castles, the two kings concluded a peace at Louviers, +and made an exchange of some territories with each other [c]. [MN +1196.] Their inability to wage war occasioned the peace: their mutual +antipathy engaged them again in war before two months expired. +Richard imagined that he had now found an opportunity of gaining great +advantages over his rival, by forming an alliance with the Counts of +Flanders, Toulouse, Boulogne, Champagne, and other considerable +vassals of the crown of France [d]. But he soon experienced the +insincerity of those princes, and was not able to make any impression +on that kingdom, while governed by a monarch of so much vigour and +activity as Philip. The most remarkable incident of this war was the +taking prisoner in battle the Bishop of Beauvais, a martial prelate, +who was of the family of Dreux, and a near relation of the French +king's. Richard, who hated that bishop, threw him into prison and +loaded him with irons; and when the pope demanded his liberty, and +claimed him as his son, the king sent to his holiness the coat of mail +which the prelate had worn in battle, and which was all besmeared with +blood; and he replied to him, in the terms employed by Jacob's sons to +that patriarch, THIS HAVE WE FOUND: KNOW NOW WHETHER IT BE THY SON'S +COAT OR NO [e]. This new war between England and France, though +carried out with such animosity that both kings frequently put out the +eyes of their prisoners, was soon finished by a truce of five years; +and immediately after signing this treaty, the kings were ready, on +some new offence, to break out again into hostilities; when the +mediation of the Cardinal of St. Mary, the pope's legate, accommodated +the difference [f]. This prelate even engaged the princes to commence +a treaty for a more durable peace; but the death of Richard put an end +to the negotiation. +[FN [b] Rymer, vol i. p. 88, 102. [c] Ibid. p. 91. [d] W. Heming, p. +549. Brompton, p. 1273. Rymer, vol. i. p. 94. [e] Genesis, chap. +xxxvii. ver. 32. M. Paris, p. 128. Brompton, p. 1273. [f] Rymer, +vol. i. p. 109, 110.] + +[MN 1199.] Vidomar, Viscount of Limoges, a vassal of the king's, had +found a treasure, of which he sent part to that prince as a present. +Richard, as superior lord, claimed the whole; and at the head of some +Brabancons, besieged the viscount in the castle of Chalons, near +Limoges, in order to make him comply with his demand [g]. The +garrison offered to surrender; but the king replied, that, since he +had taken the pains to come thither and besiege the place in person, +he would take it by force, and would hang every one of them. The same +day, Richard, accompanied by Marcadee, leader of his Brabancons, +approached the castle in order to survey it; when one Bertrand de +Gourdon, an archer, took aim at him, and pierced his shoulder with an +arrow. [MN 28th March.] The king, however, gave orders for the +assault, took the place, and hanged all the garrison, except Gourdon, +who had wounded him, and whom he reserved for a more deliberate and +more cruel execution [h]. +[FN [g] Hoveden, p. 791. Knyghton, p. 2413. [h] Ibid.] + +The wound was not in itself dangerous; but the unskilfulness of the +surgeon made it mortal: he so rankled Richard's shoulder in pulling +out the arrow, that a gangrene ensued; and that prince was now +sensible that his life was drawing towards a period. He sent for +Gourdon, and asked him, WRETCH, WHAT HAVE I EVER DONE TO YOU, TO +OBLIGE YOU TO SEEK MY LIFE?--WHAT HAVE YOU DONE TO ME? replied coolly +the prisoner: YOU KILLED WITH YOUR OWN HANDS MY FATHER AND MY TWO +BROTHERS; AND YOU INTENDED TO HAVE HANGED MYSELF: I AM NOW IN YOUR +POWER, AND YOU MAY TAKE REVENGE, BY INFLICTING ON ME THE MOST SEVERE +TORMENTS: BUT I SHALL ENDURE THEM ALL WITH PLEASURE, PROVIDED I CAN +THINK THAT I HAVE BEEN SO HAPPY AS TO RID THE WORLD OF SUCH A NUISANCE +[i]. Richard, struck with the reasonableness of this reply, and +humbled by the near approach of death, ordered Gourdon to be set at +liberty, and a sum of money to be given him: but Marcadee, unknown to +him, seized the unhappy man, flayed him alive, and then hanged him. +[MN 6th April. Death,] Richard died in the tenth year of his reign, +and the forty-second of his age; and he left no issue behind him. +[FN [i] Hoveden, p. 791. Brompton, p. 1277. Knyghton, p. 2413.] + +[MN and character of the king.] +The most shining parts of this prince's character are his military +talents. No man, even in that romantic age, carried personal courage +and intrepidity to a greater height; and this quality gained him the +appellation of the lion-hearted, COEUR DE LION. He passionately loved +glory, chiefly military glory; and as his conduct in the field was not +inferior to his valour, he seems to have possessed every talent +necessary for acquiring it. His resentments also were high; his pride +unconquerable; and his subjects, as well as his neighbours, had +therefore reason to apprehend, from the continuance of his reign, a +perpetual scene of blood and violence. Of an impetuous and vehement +spirit, he was distinguished by all the good as well as the bad +qualities incident to that character: he was open, frank, generous, +sincere, and brave; he was revengeful, domineering, ambitious, +haughty, and cruel; and was thus better calculated to dazzle men by +the splendour of his enterprises, than either to promote their +happiness or his own grandeur by a sound and well-regulated policy. +As military talents made great impression on the people, he seems to +have been much beloved by his English subjects; and he is remarked to +have been the first prince of the Norman line that bore any sincere +regard to them. He passed however only four months of his reign in +that kingdom: the crusade employed him near three years; he was +detained about fourteen months in captivity; the rest of his reign was +spent either in war, or preparations for war, against France; and he +was so pleased with the fame which he had acquired in the East, that +he determined, notwithstanding his past misfortunes, to have farther +exhausted his kingdom, and to have exposed himself to new hazards, by +conducting another expedition against the infidels. + +[MN Miscellaneous transactions of this reign.] +Though the English pleased themselves with the glory which the king's +martial genius procured them, his reign was very oppressive and +somewhat arbitrary, by the high taxes which he levied on them, and +often without consent of the states or great council. In the ninth +year of his reign, he levied five shillings on each hide of land; and +because the clergy refused to contribute their share, he put them out +of the protection of law, and ordered the civil courts to give them no +sentence for any debts which they might claim [k]. Twice in his reign +he ordered all his charters to be sealed anew, and the parties to pay +fees for the renewal [l]. It is said that Hubert, his justiciary, +sent him over to France, in the space of two years, no less a sum than +one million one hundred thousand marks, besides bearing all the +charges of the government in England. But this account is quite +incredible, unless we suppose that Richard made a thorough +dilapidation of the demesnes of the crown, which it is not likely he +could do with any advantage after his former resumption of all grants. +A king who possessed such a revenue could never have endured fourteen +months' captivity for not paying a hundred and fifty thousand marks to +the emperor, and be obliged at last to leave hostages for a third of +the sum. The prices of commodities in this reign are also a certain +proof that no such enormous sum could be levied on the people. A hide +of land, or about a hundred and twenty acres, was commonly let at +twenty shillings a year, money of that time. As there were two +hundred and forty-three thousand six hundred hides in England, it is +easy to compute the amount of all the landed rents of the kingdom. +The general and stated price of an ox was four shillings; of a +labouring horse the same; of a sow, one shilling; of a sheep with fine +wool, tenpence; with coarse wool, sixpence [m]. These commodities +seem not to have advanced in their prices since the conquest [n], and +to have still been ten times cheaper than at present. +[FN [k] Hoveden, p. 743. Tyrrel, vol. ii. p. 563. [l] Prynne's +Chronol. Vindic. tom. i. p. 1133. [m] Hoveden, p. 745. [n] See note +[S], at the end of the volume.] + +Richard renewed the severe laws against transgressors in his forests, +whom he punished by castration and putting out their eyes, as in the +reign of his great-grandfather. He established by law one weight and +measure throughout his kingdom [o]: a useful institution, which the +mercenary disposition and necessities of his successor engaged him to +dispense with for money. +[FN [o] M. Paris, p. 109, 134. Trivet, p. 127. Ann. Waverl. p. 165. +Hoveden, p. 774.] + +The disorders in London, derived from its bad police, had risen to a +great height during this reign; and in the year 1196, there seemed to +be formed so regular a conspiracy among the numerous malefactors, as +threatened the city with destruction. There was one William +Fitz-Osbert, commonly called LONGBEARD, a lawyer, who had rendered +himself extremely popular among the lower rank of citizens; and, by +defending them on all occasions, had acquired the appellation of the +advocate or saviour of the poor. He exerted his authority, by +injuring and insulting the more substantial citizens, with whom he +lived in a state of hostility, and who were every moment exposed to +the most outrageous violences from him and his licentious emissaries. +Murders were daily committed in the streets; houses were broken open +and pillaged in daylight; and it is pretended that no less than fifty- +two thousand persons had entered into an association, by which they +bound themselves to obey all the orders of this dangerous ruffian. +Archbishop Hubert, who was then chief justiciary, summoned him before +the council to answer for his conduct; but he came so well attended, +that no one durst accuse him, or give evidence against him; and the +primate, finding the impotence of law, contented himself with exacting +from the citizens hostages for their good behaviour. He kept, +however, a watchful eye on Fitz-Osbert; and seizing a favourable +opportunity, attempted to commit him to custody; but the criminal, +murdering one of the public officers, escaped with his concubine to +the church of St. Mary le Bow, where he defended himself by force of +arms. He was at last forced from his retreat, condemned, and +executed, amidst the regrets of the populace, who were so devoted to +his memory, that they stole his gibbet, paid the same veneration to it +as to the cross, and were equally zealous in propagating and attesting +reports of the miracles wrought by it [p]. But though the sectaries +of this superstition were punished by the justiciary [q], it received +so little encouragement from the established clergy, whose property +was endangered by such seditious practices, that it suddenly sunk and +vanished. +[FN [p] Hoveden, p 765. Diceto, p. 691. Neubrig. p. 492, 493. [q] +Gervase, p. 1551.] + +It was during the crusades that the custom of using coats of arms was +first introduced into Europe. The knights, cased up in armour, had no +way to make themselves be known and distinguished in battle but by the +devices on their shields; and these were gradually adopted by their +posterity and families, who were proud of the pious and military +enterprises of their ancestors. + +King Richard was a passionate lover of poetry; there even remain some +poetical works of his composition; and he bears a rank among the +Provencal poets or TROBADORES, who were the first of the modern +Europeans that distinguished themselves by attempts of that nature. + + + + +CHAPTER XI. + +JOHN. + +ACCESSION OF THE KING.--HIS MARRIAGE.--WAR WITH FRANCE.--MURDER OF +ARTHUR, DUKE OF BRITANY.--THE KING EXPELLED THE FRENCH PROVINCES.--THE +KING'S QUARREL WITH THE COURT OF ROME.--CARDINAL LANGTON APPOINTED +ARCHBISHOP OF CANTERBURY.--INTERDICT OF THE KINGDOM.--EXCOMMUNICATION +OF THE KING.--THE KING'S SUBMISSION TO THE POPE.--DISCONTENTS OF THE +BARONS.--INSURRECTION OF THE BARONS.--MAGNA CHARTA.--RENEWAL OF THE +CIVIL WARS.--PRINCE LEWIS CALLED OVER.--DEATH AND CHARACTER OF THE +KING. + + + +[MN 1199. Accession of the king.] +The noble and free genius of the ancients, which made the government +of a single person be always regarded as a species of tyranny and +usurpation, and kept them from forming any conception of a legal and +regular monarchy, had rendered them entirely ignorant both of the +rights of PRIMOGENITURE, and a REPRESENTATION in succession; +inventions so necessary for preserving order in the lines of princes, +for obviating the evils of civil discord and of usurpation, and for +begetting moderation in that species of government, by giving security +to the ruling sovereign. These innovations arose from the feudal law, +which, first introducing the right of primogeniture, made such a +distinction between the families of the elder and younger brothers, +that the son of the former was thought entitled to succeed to his +grandfather, preferably to his uncles, though nearer allied to the +deceased monarch. But though this progress of ideas was natural, it +was gradual. In the age of which we treat, the practice of +representation was indeed introduced, but not thoroughly established; +and the minds of men fluctuated between opposite principles. Richard, +when he entered on the holy war, declared his nephew, Arthur, Duke of +Britany, his successor; and by a formal deed he set aside, in his +favour, the title of his brother John, who was younger than Geoffrey, +the father of that prince [a]. But John so little acquiesced in that +destination, that when he gained the ascendant in the English +ministry, by expelling Longchamp, the chancellor and great justiciary, +he engaged all the English barons to swear that they would maintain +his right of succession; and Richard, on his return, took no steps +towards restoring or securing the order which he had at first +established. He was even careful, by his last will, to declare his +brother John heir to all his dominions [b]; whether that he now +thought Arthur, who was only twelve years of age, incapable of +asserting his claim against John's faction, or was influenced by +Eleanor, the queen-mother, who hated Constantia, mother of the young +duke, and who dreaded the credit which that princess would naturally +acquire if her son should mount the throne. The authority of a +testament was great in that age, even where the succession of a +kingdom was concerned; and John had reason to hope that this title, +joined to his plausible right in other respects, would ensure him the +succession. But the idea of representation seems to have made, at this +time, greater progress in France than in England: the barons of the +transmarine provinces, Anjou, Maine, and Touraine, immediately +declared in favour of Arthur's title, and applied for assistance to +the French monarch as their superior lord. Philip, who desired only +an occasion to embarrass John, and dismember his dominions, embraced +the cause of the young Duke of Britany, took him under his protection, +and sent him to Paris to be educated, along with his own son Lewis +[c]. In this emergence, John hastened to establish his authority in +the chief members of the monarchy; and after sending Eleanor into +Poictou and Guienne, where her right was incontestable, and was +readily acknowledged, he hurried to Rouen, and having secured the +duchy of Normandy, he passed over, without loss of time, to England. +Hubert, Archbishop of Canterbury, William Mareschal, Earl of Strigul, +who also passes by the name of Earl of Pembroke, and Geoffrey +Fitz-Peter, the justiciary, the three most favoured ministers of the +late king, were already engaged on his side [d]; and the submission or +acquiescence of all the other barons put him, without opposition, in +possession of the throne. +[FN [a] Hoveden, p. 677. M Paris, p. 112. Chron. de Dunst. p. 43. +Rymer, vol i p. 66, 68. Bened. Abb. p. 619. [b] Hoveden, p. 791. +Trivet, p. 138. [c] Hoveden, p. 792. M. Paris, p. 137. M. West. p. +263. Knyghton, p. 2414. [d] Hoveden, p. 793. M. Paris, p. 137.] + +The king soon returned to France, in order to conduct the war against +Philip, and to recover the revolted provinces from his nephew Arthur. +The alliances which Richard had formed with the Earl of Flanders [e], +and other potent French princes, though they had not been very +effectual, still subsisted, and enabled John to defend himself against +all the efforts of his enemy. In an action between the French and +Flemings, the elect Bishop of Cambray was taken prisoner by the +former; and when the Cardinal of Capua claimed his liberty, Philip, +instead of complying, reproached him with the weak efforts which he +had employed in favour of the Bishop of Beauvais, who was in a like +condition. The legate, to show his impartiality, laid, at the same +time, the kingdom of France and the duchy of Normandy under an +interdict; and the two kings found themselves obliged to make an +exchange of these military prelates. +[FN [e] Rymer, vol. i. p. 114. Hoveden, p. 794. M. Paris, p. 138.] + +[MN 1200.] Nothing enabled the king to bring this war to a happy +issue so much as the selfish intriguing character of Philip, who acted +in the provinces that had declared for Arthur, without any regard to +the interests of that prince. Constantia, seized with a violent +jealousy that he intended to usurp the entire dominion of them [f], +found means to carry off her son secretly from Paris: she put him into +the hands of his uncle; restored the provinces which had adhered to +the young prince; and made him do homage for the duchy of Britany, +which was regarded as a rerefief of Normandy. From this incident, +Philip saw that he could not hope to make any progress against John; +and being threatened with an interdict on account of his irregular +divorce from Ingelburga, the Danish princess whom he had espoused, he +became desirous of concluding a peace with England. After some +fruitless conferences, the terms were at last adjusted; and the two +monarchs seemed in this treaty to have an intention, besides ending +the present quarrel, of preventing all future causes of discord, and +of obviating every controversy which could thereafter arise between +them. They adjusted the limits of all their territories, mutually +secured the interests of their vassals; and, to render the union more +durable, John gave his niece, Blanche of Castile, in marriage to +Prince Lewis, Philip's eldest son, and with her the baronies of +Issoudun and Gracai, and other fiefs in Berri. Nine barons of the +King of England, and as many of the King of France, were guarantees of +this treaty; and all of them swore that if their sovereign violated +any article of it, they would declare themselves against him, and +embrace the cause of the injured monarch [g]. +[FN [f] Hoveden, p.795. [g] Norman Duchesnii, p. 1055. Rymer, vol. +i. p. 117, 118, 119. Hoveden, p. 814. Chron. Dunst. vol. i. p. 47.] + +John, now secure, as he imagined, on the side of France, indulged his +passion for Isabella, the daughter and heir of Aymar Tailleffer, Count +of Angouleme, a lady with whom he had become much enamoured. His +queen, the heiress of the family of Gloucester, was still alive: +Isabella was married to the Count de la Marche, and was already +consigned to the care of that nobleman; though, by reason of her +tender years, the marriage had not been consummated. The passion of +John made him overlook all these obstacles: he persuaded the Count of +Angouleme to carry off his daughter from her husband; and having, on +some pretence or other, procured a divorce from his own wife, he +espoused Isabella; [MN The king's marriage.] regardless both of the +menaces of the pope, who exclaimed against these irregular +proceedings, and of the resentment of the injured count, who soon +found means of punishing his powerful and insolent rival. + +[MN 1201.] John had not the art of attaching his barons either by +affection or by fear. The Count de la Marche, and his brother, the +Count d'Eu, taking advantage of the general discontent against him, +excited commotions in Poictou and Normandy, and obliged the king to +have recourse to arms, in order to suppress the insurrection of his +vassals. He summoned together the barons of England, and required +them to pass the sea under his standard, and to quell the rebels: he +found that he possessed as little authority in that kingdom as in his +transmarine provinces. The English barons unanimously replied, that +they would not attend him on this expedition, unless he would promise +to restore and preserve their privileges [h]: the first symptom of a +regular association and plan of liberty among those noblemen! but +affairs were not yet fully ripe for the revolution projected. John, +by menacing the barons, broke the concert; and both engaged many of +them to follow him into Normandy, and obliged the rest who stayed +behind to pay him a scutage of two marks on each knight's fee, as the +price of their exemption from the service. +[FN [h] Annal. Burton, p. 262.] + +The force which John carried abroad with him, and that which joined +him in Normandy, rendered him much superior to his malecontent barons; +and so much the more as Philip did not publicly give them any +countenance, and seemed as yet determined to persevere steadily in the +alliance which he had contracted with England. But the king, elated +with his superiority, advanced claims which gave an universal alarm to +his vassals, and diffused still wider the general discontent. As the +jurisprudence of those times required that the causes in the lords' +court should chiefly be decided by duel, he carried along with him +certain bravos, whom he retained as champions, and whom he destined to +fight with his barons, in order to determine any controversy which he +might raise against them [i]. The Count de la Marche, and other +noblemen, regarded this proceeding as an affront, as well as an +injury; and declared that they would never draw their swords against +men of such inferior quality. The king menaced them with vengeance; +but he had not vigour to employ against them the force in his hands, +or to prosecute the injustice, by crushing entirely the nobles who +opposed it. +[FN [i] Ibid.] + +[MN War with France.] +This government, equally feeble and violent, gave the injured barons +courage, as well as inclination, to carry farther their opposition; +they appealed to the King of France; complained of the denial of +justice in John's court; demanded redress from him as their superior +lord; and entreated him to employ his authority, and prevent their +final ruin and oppression. [MN 1202.] Philip perceived his +advantage, opened his mind to great projects, interposed in behalf of +the French barons, and began to talk in a high and menacing style to +the King of England. John, who could not disavow Philip's authority, +replied, that it belonged to himself first to grant them a trial by +their peers in his own court; it was not till he failed in this duty +that he was answerable to his peers in the supreme court of the French +king [k]; and he promised, by a fair and equitable judicature, to give +satisfaction to his barons. When the nobles, in consequence of this +engagement, demanded a safe conduct, that they might attend his court, +he at first refused it; upon the renewal of Philip's menaces, he +promised to grant their demand; he violated this promise; fresh +menaces extorted from him a promise to surrender to Philip the +fortresses of Tillieres and Boutavant, as a security for performance; +he again violated his engagement; his enemies, sensible both of his +weakness and want of faith, combined still closer in the resolution of +pushing him to extremities; and a new and powerful ally soon appeared +to encourage them in their invasion of this odious and despicable +government. +[FN [k] Philipp. lib. vi.] + +[MN 1203.] The young Duke of Britany, who was now rising to man's +estate, sensible of the dangerous character of his uncle, determined +to seek both his security and elevation by a union with Philip and the +malecontent barons. He joined the French army, which had begun +hostilities against the King of England: he was received with great +marks of distinction by Philip; was knighted by him; espoused his +daughter Mary; and was invested not only in the duchy of Britany, but +in the counties of Anjou and Maine, which he had formerly resigned to +his uncle [l]. Every attempt succeeded with the allies. Tillieres +and Boutavant were taken by Philip, after making a feeble defence: +Mortimar and Lyons fell into his hands almost without resistance. +That prince next invested Gournai; and opening the sluices of a lake +which lay in the neighbourhood, poured such a torrent of water into +the place, that the garrison deserted it, and the French monarch, +without striking a blow, made himself master of that important +fortress. The progress of the French arms was rapid, and promised +more considerable success than usually in that age attended military +enterprises. In answer to every advance which the king made towards +peace, Philip still insisted that he should resign all his transmarine +dominions to his nephew, and rest contented with the kingdom of +England; when an event happened which seemed to turn the scales in +favour of John, and to give him a decisive superiority over his +enemies. +[FN [l] Trivet, p. 142.] + +Young Arthur, fond of military renown, had broken into Poictou at the +head of a small army; and passing near Mirebeau, he heard that his +grandmother, Queen Eleanor, who had always opposed his interests, was +lodged in that place, and was protected by a weak garrison and ruinous +fortifications [m]. He immediately determined to lay siege to the +fortress, and make himself master of her person: but John, roused from +his indolence by so pressing an occasion, collected an army of English +and Brabancons, and advanced from Normandy with hasty marches to the +relief of the queen-mother. He fell on Arthur's camp before that +prince was aware of the danger; dispersed his army; took him prisoner, +together with the Count de la Marche, Geoffrey de Lusignan, and the +most considerable of the revolted barons; and returned in triumph to +Normandy [n]. [MN 1st Aug.] Philip, who was lying before Arques in +that duchy, raised the siege, and retired upon his approach [o]. The +greater part of the prisoners were sent over to England; but Arthur +was shut up in the castle of Falaise. +[FN [m] Ann. Waverl. p. 167. M. West. p. 264. [n] Ann. Marg. p. 213. +M. West. p. 264. [o] M. West. p. 264.] + +The king had here a conference with his nephew; represented to him the +folly of his pretensions; and required him to renounce the French +alliance, which had encouraged him to live in a state of enmity with +all his family: but the brave, though imprudent youth, rendered more +haughty from misfortunes, maintained the justice of his cause; +asserted his claim not only to the French provinces, but to the crown +of England; and in his turn, required the king to restore the son of +his elder brother to the possession of his inheritance [p]. John, +sensible from these symptoms of spirit that the young prince, though +now a prisoner, might hereafter prove a dangerous enemy, determined to +prevent all future peril by despatching his nephew; and Arthur was +never more heard of. [MN 1203. Murder of Arthur, Duke of Britany.] +The circumstances which attended this deed of darkness were, no doubt, +carefully concealed by the actors, and are variously related by +historians: but the most probable account is as follows: the king, it +is said, first proposed to William de la Bray, one of his servants, to +despatch Arthur; but William replied that he was a gentleman, not a +hangman; and he positively refused compliance. Another instrument of +murder was found, and was despatched with proper orders to Falaise; +but Hubert de Bourg, chamberlain to the king, and constable of the +castle, feigning that he himself would execute the king's mandate, +sent back the assassin, spread the report that the young prince was +dead, and publicly performed all the ceremonies of his interment; but +finding that the Bretons vowed revenge for the murder, and that all +the revolted barons persevered more obstinately in their rebellion, he +thought it prudent to reveal the secret, and to inform the world that +the Duke of Britany was still alive, and in his custody. This +discovery proved fatal to the young prince: John first removed him to +the castle of Rouen; and coming in a boat, during the night-time, to +that place, commanded Arthur to be brought forth to him. The young +prince, aware of his danger, and now more subdued by the continuance +of his misfortunes, and by the approach of death, threw himself on his +knees before his uncle, and begged for mercy: but the barbarous +tyrant, making no reply, stabbed him with his own hands; and fastening +a stone to the dead body, threw it into the Seine. +[FN [p] Ibid. p. 264.] + +All men were struck with horror at this inhuman deed; and from that +moment the king, detested by his subjects, retained a very precarious +authority over both the people and the barons in his dominions. The +Bretons, enraged at this disappointment in their fond hopes, waged +implacable war against him; and fixing the succession of their +government, put themselves in a posture to revenge the murder of their +sovereign. John had got into his power his niece, Eleanor, sister to +Arthur, commonly called THE DAMSEL OF BRITANY; and carrying her over +to England, detained her ever after in captivity [q]; but the Bretons, +in despair of recovering this princess, chose Alice for their +sovereign; a younger daughter of Constantia, by her second marriage +with Guy de Thouars; and they intrusted the government of the duchy to +that nobleman. The states of Britany, meanwhile, carried their +complaints before Philip, as their liege lord, and demanded justice +for the violence committed by John on the person of Arthur, so near a +relation, who, notwithstanding the homage which he did to Normandy, +was always regarded as one of the chief vassals of the crown. Philip +received their application with pleasure; summoned John to stand a +trial before him, and on his non-appearance passed sentence, with the +concurrence of the peers, upon that prince; declared him guilty of +felony and parricide; and adjudged him to forfeit to his superior lord +all his seignories and fiefs in France [r]. +[FN [q] Trivet, p. 145. T. Wykes, p. 36. Ypod. Neust. p. 459. [r] +W. Heming, p. 455. M. West. p. 264. Knyghton, p. 2420.] + +[MN The King expelled from the French provinces.] +The King of France, whose ambitious and active spirit had been +hitherto confined, either by the sound policy of Henry, or the martial +genius of Richard, seeing now the opportunity favourable against this +base and odious prince, embraced the project of expelling the English, +or rather the English king, from France, and of annexing to the crown +so many considerable fiefs, which, during several ages, had been +dismembered from it. Many of the other great vassals, whose jealousy +might have interposed, and have obstructed the execution of this +project, were not at present in a situation to oppose it; and the rest +either looked on with indifference, or gave their assistance to this +dangerous aggrandizement of their superior lord. The Earls of +Flanders and Blois were engaged in the holy war: the Count of +Champagne was an infant, and under the guardianship of Philip: the +duchy of Britany, enraged at the murder of their prince, vigorously +promoted all his measures: and the general defection of John's vassals +made every enterprise easy and successful against him. Philip, after +taking several castles and fortresses beyond the Loire, which he +either garrisoned or dismantled, received the submissions of the Count +of Alencon, who deserted John, and delivered up all the places under +his command to the French: upon which Philip broke up his camp, in +order to give the troops some repose after the fatigues of the +campaign. John, suddenly recollecting some forces, laid siege to +Alencon; and Philip, whose dispersed army could not be brought +together in time to succour it, saw himself exposed to the disgrace of +suffering the oppression of his friend and confederate. But his +active and fertile genius found an expedient against this evil. There +was held at that very time a tournament at Moret, in the Gatinois; +whither all the chief nobility of France and the neighbouring +countries had resorted, in order to signalize their prowess and +address. Philip presented himself before them; craved their +assistance in his distress; and pointed out the plains of Alencon, as +the most honourable field in which they could display their generosity +and martial spirit. Those valorous knights vowed that they would take +vengeance on the base parricide, the stain of arms and of chivalry; +and putting themselves, with all their retinue, under the command of +Philip, instantly marched to raise the siege of Alencon. John, +hearing of their approach, fled from before the place; and, in the +hurry, abandoned all his tents, machines, and baggage, to the enemy. + +This feeble effort was the last exploit of that slothful and cowardly +prince for the defence of his dominions. He thenceforth remained in +total inactivity at Rouen; passing all his time with his young wife in +pastimes and amusements, as if his state had been in the most profound +tranquillity, or his affairs in the most prosperous condition. If he +ever mentioned war, it was only to give himself vaunting airs, which, +in the eyes of all men, rendered him still more despicable and +ridiculous. LET THE FRENCH GO ON, said he, I WILL RETAKE IN A DAY +WHAT IT HAS COST THEM YEARS TO ACQUIRE [s]. His stupidity and +indolence appeared so extraordinary, that the people endeavoured to +account for the infatuation by sorcery, and believed that he was +thrown into this lethargy by some magic or witchcraft. The English +barons, finding that their time was wasted to no purpose, and that +they must suffer the disgrace of seeing, without resistance, the +progress of the French arms, withdrew from their colours, and secretly +returned to their own country [t]. No one thought of defending a man +who seemed to have deserted himself; and his subjects regarded his +fate with the same indifference to which in this pressing exigency +they saw him totally abandoned. +[FN [s] M. Paris, p. 146. M. West. p. 266. [t] M. Paris, p. 146. M. +West. p. 264.] + +John, while he neglected all domestic resources, had the meanness to +betake himself to a foreign power, whose protection he claimed: he +applied to the pope, Innocent III., and entreated him to interpose his +authority between him and the French monarch. Innocent, pleased with +any occasion of exerting his superiority, sent Philip orders to stop +the progress of his arms, and to make peace with the King of England. +But the French barons received the message with indignation; +disclaimed the temporal authority assumed by the pontiff; and vowed +that they would, to the uttermost, assist their prince against all his +enemies; Philip, seconding their ardour, proceeded, instead of obeying +the pope's envoys, to lay siege to Chateau Gaillard, the most +considerable fortress which remained to guard the frontiers of +Normandy. + +[MN 1204.] Chateau Gaillard was situated partly on an island in the +river Seine, partly on a rock opposite to it; and was secured by every +advantage which either art or nature could bestow upon it. The late +king, having cast his eye on this favourable situation, had spared no +labour or expense in fortifying it; and it was defended by Roger de +Laci, Constable of Chester, a determined officer, at the head of a +numerous garrison. Philip, who despaired of taking the place by +force, purposed to reduce it by famine; and, that he might cut off its +communication with the neighbouring country, he threw a bridge across +the Seine, while he himself, with his army, blockaded it by land. The +Earl of Pembroke, the man of greatest vigour and capacity in the +English court, formed a plan for breaking through the French +intrenchments, and throwing relief into the place. He carried with +him an army of four thousand infantry and three thousand cavalry, and +suddenly attacked, with great success, Philip's camp in the +night-time; having left orders that a fleet of seventy flat-bottomed +vessels should sail up the Seine, and fall at the same instant on the +bridge. But the wind and the current of the river, by retarding the +vessels, disconcerted this plan of operations; and it was morning +before the fleet appeared; when Pembroke, though successful in the +beginning of the action, was already repulsed with considerable loss, +and the King of France had leisure to defend himself against these new +assailants, who also met with a repulse. After this misfortune, John +made no farther efforts for the relief of Chateau Gaillard; and Philip +had all the leisure requisite for conducting and finishing the siege. +Roger de Laci defended himself for a twelvemonth with great obstinacy; +and having bravely repelled every attack, and patiently borne all the +hardships of famine, he was at last overpowered by a sudden assault in +the night-time, and made prisoner of war, with his garrison [u]. +Philip, who knew how to respect valour even in an enemy, treated him +with civility, and gave him the whole city of Paris for the place of +his confinement. +[FN [u] Trivet, p. 144. Gul. Britto, lib. 7. Ann. Waverl. p. 168.] + +When this bulwark of Normandy was once subdued, all the province lay +open to the inroads of Philip; and the King of England despaired of +being any longer able to defend it. He secretly prepared vessels for +a scandalous flight, and that the Normans might no longer doubt of his +resolution to abandon them, he ordered the fortifications of Pont de +l'Arche, Molineaux, and Montfort l'Amauri, to be demolished. Not +daring to repose confidence in any of his barons, whom he believed to +be universally engaged in a conspiracy against him, he intrusted the +government of the province to Archas Martin and Lupicaire, two +mercenary Brabancons, whom he had retained in his service. Philip, +now secure of his prey, pushed his conquests with vigour and success +against the dismayed Normans. Falaise was first besieged; and +Lupicaire, who commanded in this impregnable fortress, after +surrendering the place, enlisted himself with his troops in the +service of Philip, and carried on hostilities against his ancient +master. Caen, Coutance, Seez, Evreux, Baieux, soon fell into the +hands of the French monarch, and all the Lower Normandy was reduced +under his dominion. To forward his enterprises on the other division +of the province, Gui de Thouars, at the head of the Bretons, broke +into the territory, and took Mount St. Michael, Avranches, and all the +other fortresses in that neighbourhood. The Normans, who abhorred the +French yoke, and who would have defended themselves to the last +extremity if their prince had appeared to conduct them, found no +resource but in submission; and every city opened its gates as soon as +Philip appeared before it. [MN 1205.] Rouen alone, Arques, and +Verneuil, determined to maintain their liberties, and formed a +confederacy for mutual defence. Philip began with the siege of Rouen: +the inhabitants were so inflamed with hatred to France, that, on the +appearance of his army, they fell on all the natives of that country +whom they found within their walls, and put them to death. But after +the French king had begun his operations with success, and had taken +some of their outworks, the citizens, seeing no resource, offered to +capitulate; and demanded only thirty days to advertise their prince of +their danger, and to require succours against the enemy. [MN 1st +June.] Upon the expiration of the term, as no supply had arrived, +they opened their gates to Philip [w]; and the whole province soon +after imitated the example, and submitted to the victor. Thus was +this important territory re-united to the crown of France, about three +centuries after the cession of it by Charles the Simple to Rollo, the +first duke: and the Normans, sensible that this conquest was probably +final, demanded the privilege of being governed by French laws; which +Philip, making a few alterations on the ancient Norman customs, +readily granted them. But the French monarch had too much ambition +and genius to stop in his present career of success. He carried his +victorious army into the western provinces; soon reduced Anjou, Maine, +Touraine, and part of Poictou [x]; and in this manner the French +crown, during the reign of one able and active prince, received such +an accession of power and grandeur, as in the ordinary course of +things, it would have required several ages to attain. +[FN [w] Trivet. p. 147. Ypod. Neust. p. 459. [x] Trivet, p. 149.] + +John, on his arrival in England, that he might cover the disgrace of +his own conduct, exclaimed loudly against his barons, who, he +pretended, had deserted his standard in Normandy; and he arbitrarily +extorted from them a seventh of all their moveables, as a punishment +for the offence [y]. Soon after he forced them to grant him a scutage +of two marks and a half on each knight's fee for an expedition into +Normandy; but he did not attempt to execute the service for which he +pretended to exact it. Next year he summoned all the barons of his +realm to attend him on this foreign expedition, and collected ships +from all the sea-ports; but meeting with opposition from some of his +ministers, and abandoning his design, he dismissed both fleet and +army, and then renewed his exclamations against the barons for +deserting him. He next put to sea with a small army, and his subjects +believed that he was resolved to expose himself to the utmost hazard +for the defence and recovery of his dominions: but they were +surprised, after a few days, to see him return again into harbour, +without attempting any thing. [MN 1206.] In the subsequent season, +he had the courage to carry his hostile measures a step farther. Gui +de Thouars, who governed Britany, jealous of the rapid progress made +by his ally, the French king, promised to join the King of England +with all his forces; and John ventured abroad with a considerable +army, and landed at Rochelle. He marched to Angers, which he took and +reduced to ashes. But the approach of Philip with an army threw him +into a panic; and he immediately made proposals for peace, and fixed a +place of interview with his enemy: but instead of keeping his +engagement, he stole off with his army, embarked at Rochelle, and +returned, loaded with new shame and disgrace, into England. The +mediation of the pope, procured him at last a truce for two years with +the French monarch [z]; almost all the transmarine provinces were +ravished from him; and his English barons, though harassed with +arbitrary taxes and fruitless expeditions, saw themselves and their +country baffled and affronted in every enterprise. +[FN [y] M. Paris, p. 146. M. West. p. 265. [z] Rymer, vol. i. p. +141.] + +In an age when personal valour was regarded as the chief +accomplishment, such conduct as that of John, always disgraceful, must +be exposed to peculiar contempt; and he must thenceforth have expected +to rule his turbulent vassals with a very doubtful authority. But the +government exercised by the Norman princes had wound up the royal +power to so high a pitch, and so much beyond the usual tenour of the +feudal constitutions, that it still behoved him to be debased by new +affronts and disgraces, ere his barons could entertain the view of +conspiring against him, in order to retrench his prerogatives. The +church, which at that time declined not a contest with the most +powerful and vigorous monarchs, took first advantage of John's +imbecility; and, with the most aggravating circumstances of insolence +and scorn, fixed her yoke upon him. + +[MN 1207. The king's quarrel with the court of Rome.] +The papal chair was then filled by Innocent III., who, having attained +that dignity at the age of thirty-seven years, and being endowed with +a lofty and enterprising genius, gave full scope to his ambition, and +attempted, perhaps more openly than any of his predecessors, to +convert that superiority which was yielded him by all the European +princes into a real dominion over them. The hierarchy, protected by +the Roman pontiff, had already carried to an enormous height its +usurpations upon the civil power; but in order to extend them farther, +and render them useful to the court of Rome, it was necessary to +reduce the ecclesiastics themselves under an absolute monarchy, and to +make them entirely dependent on their spiritual leader. For this +purpose, Innocent first attempted to impose taxes at pleasure upon the +clergy; and in the first year of this century, taking advantage of the +popular frenzy for crusades, he sent collectors over all Europe, who +levied, by his authority, the fortieth of all ecclesiastical revenues +for the relief of the Holy Land, and received the voluntary +contributions of the laity to a like amount [a]. The same year +Hubert, Archbishop of Canterbury, attempted another innovation, +favourable to ecclesiastical and papal power: in the king's absence, +he summoned, by his legatine authority, a synod of all the English +clergy, contrary to the inhibition of Geoffrey Fitz-Peter, the chief +justiciary; and no proper censure was ever passed on this +encroachment, the first of the kind, upon the royal power. But a +favourable incident soon after happened, which enabled so aspiring a +pontiff as Innocent to extend still farther his usurpations on so +contemptible a prince as John. +[FN [a] Rymer, vol. i. p. 119.] + +Hubert the primate died in 1205; and as the monks or canons of Christ- +Church, Canterbury, possessed a right of voting in the election of +their archbishop, some of the juniors of the order, who lay in wait +for that event, met clandestinely the very night of Hubert's death, +and, without any conge d'elire from the king, chose Reginald, their +sub-prior, for the successor; installed him in the archiepiscopal +throne before midnight; and, having enjoined him the strictest +secrecy, sent him immediately to Rome, in order to solicit the +confirmation of his election [b]. The vanity of Reginald prevailed +over his prudence; and he no sooner arrived in Flanders, than he +revealed to every one the purpose of his journey, which was +immediately known in England [c]. The king was enraged at the novelty +and temerity of the attempt, in filling so important an office without +his knowledge or consent: the suffragan bishops of Canterbury, who +were accustomed to concur in the choice of their primate, were no less +displeased at the exclusion given them in this election: the senior +monks of Christ-Church were injured by the irregular proceedings of +their juniors: the juniors themselves, ashamed of their conduct, and +disgusted with the levity of Reginald, who had broken his engagements +with them, were willing to set aside his election [d]: and all men +concurred in the design of remedying the false measures which had been +taken. But as John knew that this affair would be canvassed before a +superior tribunal, where the interposition of royal authority in +bestowing ecclesiastical benefices was very invidious; where even the +cause of suffragan bishops was not so favourable as that of monks; he +determined to make the new election entirely unexceptionable: he +submitted the affair wholly to the canons of Christ-Church, and, +departing from the right claimed by his predecessors, ventured no +farther than to inform them privately, that they would do him an +acceptable service if they chose John de Gray, Bishop of Norwich, for +their primate [e]. The election of that prelate was accordingly made +without a contradictory vote; and the king, to obviate all contests, +endeavoured to persuade the suffragan bishops not to insist on their +claim of concurring in the election; but those prelates, persevering +in their pretensions, sent an agent to maintain their cause before +Innocent; while the king and the convent of Christ-Church, despatched +twelve monks of that order to support, before the same tribunal, the +election of the Bishop of Norwich. +[FN [b] M. Paris, p. 148. M. West. p. 266. [c] Ibid. [d] M. West. +p. 266. [e] M. Paris, p. 149. M. West. p. 266.] + +Thus there lay three different claims before the pope, whom all +parties allowed to be the supreme arbiter in the contest. The claim +of the suffragans, being so opposite to the usual maxims of the papal +court, was soon set aside: the election of Reginald was so obviously +fraudulent and irregular, that there was no possibility of defending +it; but Innocent maintained that, though this election was null and +invalid, it ought previously to have been declared such by the +sovereign pontiff, before the monks could proceed to a new election; +and that the choice of the Bishop of Norwich was of course as +uncanonical as that of his competitor [f]. Advantage was therefore +taken of this subtlety for introducing a precedent, by which the see +of Canterbury, the most important dignity in the church after the +papal throne, should ever after be at the disposal of the court of +Rome. +[FN [f] M. Paris, p. 155. Chron. de Mailr. p. 182.] + +While the pope maintained so many fierce contests, in order to wrest +from princes the right of granting investitures, and to exclude laymen +from all authority in conferring ecclesiastical benefices, he was +supported by the united influence of the clergy, who, aspiring to +independence, fought with all the ardour of ambition, and all the zeal +of superstition, under his sacred banners. But no sooner was this +point, after a great effusion of blood, and the convulsions of many +states, established in some tolerable degree, than the victorious +leader, as is usual, turned his arms against his own community, and +aspired to centre all power in his person. By the invention of +reserves, provisions, commendants, and other devices, the pope +gradually assumed the right of filling vacant benefices; and the +plenitude of his apostolic power, which was not subject to any +limitations, supplied all defects of title in the person on whom he +bestowed preferment. The canons which regulated elections were +purposely rendered intricate and involved: frequent disputes arose +among candidates: appeals were every day carried to Rome: the +apostolic see, besides reaping pecuniary advantages from these +contests, often exercised the power of setting aside both the +litigants, and, on pretence of appeasing faction, nominated a third +person, who might be more acceptable to the contending parties. + +The present controversy about the election to the see of Canterbury +afforded Innocent an opportunity of claiming this right; and he failed +not to perceive and avail himself of the advantage. He sent for the +twelve monks deputed by the convent to maintain the cause of the +Bishop of Norwich; and commanded them, under the penalty of +excommunication, to choose for their primate Cardinal Langton, an +Englishman by birth, but educated in France, and connected, by his +interest and attachments, with the see of Rome [g]. [MN Cardinal +Langton appointed Archbishop of Canterbury.] In vain did the monks +represent, that they had received from their convent no authority for +this purpose; that an election, without a previous writ from the king, +would be deemed highly irregular; and that they were merely agents for +another person, whose right they had no power or pretence to abandon. +None of them had the courage to persevere in this opposition, except +one, Elias de Brantefield: all the rest, overcome by the menaces and +authority of the pope, complied with his orders, and made the election +required of them. +[FN [g] M. Paris, p. 155. Ann. Waverl. p. 169. W. Heming. p. 553. +Knyghton, p. 2415.] + +Innocent, sensible that this flagrant usurpation would be highly +resented by the court of England, wrote John a mollifying letter; sent +him four golden rings set with precious stones; and endeavoured to +enhance the value of the present by informing him of the many +mysteries implied in it. He begged him to consider seriously the FORM +of the rings, their NUMBER, their MATTER, and their COLOUR. Their +form, he said, being round, shadowed out eternity, which had neither +beginning nor end; and he ought thence to learn his duty of aspiring +from earthly objects to heavenly, from things temporal to things +eternal. The number four, being a square, denoted steadiness of mind, +not to be subverted either by adversity or prosperity, fixed for ever +on the firm basis of the four cardinal virtues. Gold, which is the +matter, being the most precious of metals, signified wisdom, which is +the most valuable of all accomplishments, and justly preferred by +Solomon to riches, power, and all exterior attainments. The blue +colour of the sapphire represented faith; the verdure of the emerald, +hope; the redness of the ruby, charity; and the splendour of the +topaz, good works [h]. By these conceits Innocent endeavoured to +repay John for one of the most important prerogatives of his crown, +which he had ravished from him; conceits probably admired by Innocent +himself: for it is easily possible for a man, especially in a +barbarous age, to unite strong talents for business with an absurd +taste for literature and the arts. +[FN [h] Rymer, vol. i. p. 139. M. Paris, p. 155.] + +John was inflamed with the utmost rage when he heard of this attempt +of the court of Rome [i]; and he immediately vented his passion on the +monks of Christ-Church, whom he found inclined to support the election +made by their fellows at Rome. He sent Fulke de Cantelupe, and Henry +de Cornhulle, two knights of his retinue, men of violent tempers and +rude manners, to expel them the convent, and take possession of their +revenues. These knights entered the monastery with drawn swords, +commanded the prior and the monks to depart the kingdom, and menaced +them, that, in case of disobedience, they would instantly burn them +with the convent [k]. Innocent, prognosticating, from the violence +and imprudence of these measures, that John would finally sink in the +contest, persevered the more vigorously in his pretensions, and +exhorted the king not to oppose God and the church any longer, nor to +prosecute that cause for which the holy martyr, St. Thomas, had +sacrificed his life, and which had exalted him equal to the highest +saints in heaven [l]: a clear hint to John to profit by the example of +his father; and to remember the prejudices and established principles +of his subjects, who bore a profound veneration to that martyr, and +regarded his merits as the subject of their chief glory and +exultation. +[FN [i] Rymer, vol. i. p. 143. [k] M. Paris, p. 156. Trivet, p. 151. +Ann. Waverl. p. 169. [l] M. Paris, p. 157.] + +Innocent, finding that John was not sufficiently tamed to submission, +sent three prelates, the Bishops of London, Ely, and Worcester, to +intimate, that if he persevered in his disobedience, the sovereign +pontiff would be obliged to lay the kingdom under an interdict [m]. +All the other prelates threw themselves on their knees before him, and +entreated him, with tears in their eyes, to prevent the scandal of +this sentence, by making a speedy submission to his spiritual father, +by receiving from his hands the new-elected primate, and by restoring +the monks of Christ-Church to all their rights and possessions. He +burst out into the most indecent invectives against the prelates; +swore by God's teeth, (his usual oath,) that if the pope presumed to +lay his kingdom under an interdict, he would send to him all the +bishops and clergy of England, and would confiscate all their estates; +and threatened that, if thenceforth he caught any Romans in his +dominions, he would put out their eyes and cut off their noses, in +order to set a mark upon them which might distinguish them from all +other nations [n]. Amidst all this idle violence, John stood on such +bad terms with his nobility, that he never dared to assemble the +states of the kingdom, who, in so just a cause, would probably have +adhered to any other monarch, and have defended with vigour the +liberties of the nation against these palpable usurpations of the +court of Rome. [MN Interdict of the kingdom.] Innocent, therefore, +perceiving the king's weakness, fulminated at last the sentence of +interdict, which he had for some time held suspended over him [o]. +[FN [m] Ibid. [n] Ibid. [o] M. Paris, p. 157. Trivet, p. 152. Ann. +Waverl. p. 170. M. West. p. 268.] + +The sentence of interdict was at that time the great instrument of +vengeance and policy employed by the court of Rome; was denounced +against sovereigns for the lightest offences; and made the guilt of +one person involve the ruin of millions, even in their spiritual and +eternal welfare. The execution of it was calculated to strike the +senses in the highest degree, and to operate with irresistible force +on the superstitious minds of the people. The nation was of a sudden +deprived of all exterior exercise of its religion: the altars were +despoiled of their ornaments: the crosses, the relics, the images, the +statues of the saints, were laid on the ground; and, as if the air +itself were profaned, and might pollute them by its contact, the +priests carefully covered them up, even from their own approach and +veneration. The use of bells entirely ceased in all the churches: the +bells themselves were removed from the steeples, and laid on the +ground with the other sacred utensils. Mass was celebrated with shut +doors, and none but the priests were admitted to that holy +institution. The laity partook of no religious rite, except baptism +to new-born infants, and the communion to the dying: the dead were not +interred in consecrated ground: they were thrown into ditches, or +buried in common fields; and their obsequies were not attended with +prayers or any hallowed ceremony. Marriage was celebrated in the +church-yard [p]; and that every action in life might bear the marks of +this dreadful situation, the people were prohibited the use of meat, +as in Lent, or times of the highest penance; were debarred from all +pleasures and entertainments; and were forbidden even to salute each +other, or so much as to shave their beards, and give any decent +attention to their person and apparel. Every circumstance carried +symptoms of the deepest distress, and of the most immediate +apprehension of divine vengeance and indignation. +[FN [p] Chron. Dunst. vol. i. p. 51.] + +The king, that he might oppose HIS temporal to THEIR spiritual +terrors, immediately, from his own authority, confiscated the estates +of all the clergy who obeyed the interdict [q]; banished the prelates, +confined the monks in their convent, and gave them only such a small +allowance from their own estates as would suffice to provide them with +food and raiment. He treated with the utmost rigour all Langton's +adherents, and every one that showed any disposition to obey the +commands of Rome; and in order to distress the clergy in the tenderest +point, and at the same time expose them to reproach and ridicule, he +threw into prison all their concubines, and required high fines as the +price of their liberty [r]. +[FN [q] Ann. Waverl. p. 170. [r] M. Paris, p. 158. Ann. Waverl. p. +170.] + +After the canons which established the celibacy of the clergy were, by +the zealous endeavours of Archbishop Anselm, more rigorously executed +in England, the ecclesiastics gave, almost universally, and avowedly, +in to the use of concubinage; and the court of Rome, which had no +interest in prohibiting this practice, made very slight opposition to +it. The custom was become so prevalent, that, in some cantons of +Switzerland, before the reformation, the laws not only permitted, but, +to avoid scandal, enjoined the use of concubines to the younger clergy +[s]; and it was usual every where for priests to apply to the +ordinary, and obtain from him a formal liberty for this indulgence. +The bishop commonly took care to prevent the practice from +degenerating into licentiousness: he confined the priest to the use of +one woman, required him to be constant to her bed, obliged him to +provide for her subsistence and that of her children; and though the +offspring was, in the eye of the law, deemed illegitimate, this +commerce was really a kind of inferior marriage, such as is still +practised in Germany among the nobles; and may be regarded by the +candid as an appeal from the tyranny of civil and ecclesiastical +institutions, to the more virtuous and more unerring laws of nature. +[FN [s] Padre Paolo, Hist. Conc. Trid. lib. I.] + +The quarrel between the king and the see of Rome continued for some +years; and though many of the clergy, from the fear of punishment, +obeyed the orders of John, and celebrated divine service, they +complied with the utmost reluctance, and were regarded, both by +themselves and the people, as men who betrayed their principles, and +sacrificed their conscience to temporal regards and interests. During +this violent situation, the king, in order to give a lustre to his +government, attempted military expeditions against Scotland, against +Ireland, against the Welsh [t]; and he commonly prevailed, more from +the weakness of his enemies, than from his own vigour or abilities. +Meanwhile, the danger to which his government stood continually +exposed from the discontents of the ecclesiastics increased his +natural propension to tyranny; and he seems to have even wantonly +disgusted all orders of men, especially his nobles, from whom alone he +could reasonably expect support and assistance. He dishonoured their +families by his licentious amours; he published edicts, prohibiting +them from hunting feathered game, and thereby restrained them from +their favourite occupation and amusement [u]; he ordered all the +hedges and fences near his forests to be levelled, that his deer might +have more ready access into the fields for pasture; and he continually +loaded the nation with arbitrary impositions. [MN 1208.] Conscious +of the general hatred which he had incurred, he required his nobility +to give him hostages for security of their allegiance; and they were +obliged to put into his hands their sons, nephews, or near relations. +When his messengers came with like orders to the castle of William de +Braouse, a baron of great note, the lady of that nobleman replied, +that she would never intrust her son into the hands of one who had +murdered his own nephew while in his custody. Her husband reproved +her for the severity of this speech; but, sensible of his danger, he +immediately fled with his wife and son into Ireland, where he +endeavoured to conceal himself. The king discovered the unhappy +family in their retreat; seized the wife and son, whom he starved to +death in prison; and the baron himself narrowly escaped, by flying +into France. +[FN [t] W. Heming. p. 556. Ypod. Neust, p. 460. Knyghton, p. 2420. +[u] M. West. p. 268.] + +[MN 1209.] The court of Rome had artfully contrived a gradation of +sentences, by which it kept offenders in awe; still affording them an +opportunity of preventing the next anathema by submission; and in case +of their obstinacy, was able to refresh the horror of the people +against them by new denunciations of the wrath and vengeance of +Heaven. As the sentence of interdict had not produced the desired +effect on John, and as his people, though extremely discontented, had +hitherto been restrained from rising in open rebellion against him, he +was soon to look for the sentence of excommunication; and he had +reason to apprehend, that, notwithstanding all his precautions, the +most dangerous consequences might ensue from it. He was witness of +the other scenes, which, at that very time, were acting in Europe, and +which displayed the unbounded and uncontrolled power of the papacy. +Innocent, far from being dismayed at his contests with the King of +England, had excommunicated the Emperor Otho, John's nephew [w]; and +soon brought that powerful and haughty prince to submit to his +authority. He published a crusade against the Abigenses, a species of +enthusiasts in the south of France, whom he denominated heretics, +because, like other enthusiasts, they neglected the rites of the +church, and opposed the power and influence of the clergy: the people +from all parts of Europe, moved by their superstition and their +passion for wars and adventures, flocked to his standard: Simon de +Montfort, the general of the crusade, acquired to himself a +sovereignty in these provinces: the Count of Toulouse, who protected, +or perhaps only tolerated the Albigenses, was stripped of his +dominions: and these sectaries themselves, though the most innocent +and inoffensive of mankind, were exterminated with all the +circumstances of extreme violence and barbarity. Here were therefore +both an army and a general, dangerous from their zeal and valour, who +might be directed to act against John; and Innocent, after keeping the +thunder long suspended, gave, at last, authority to the Bishops of +London, Ely, and Worcester, to fulminate the sentence of +excommunication against him [x]. [MN Excommunication of the king.] +These prelates obeyed; though their brethren were deterred from +publishing, as the pope required of them, the sentence in the several +churches of their dioceses. +[FN [w] M. Paris, p. 160. Trivet, p. 154. M. West. p. 269. [x] M. +Paris, p. 159. M. West. p. 270.] + +No sooner was the excommunication known, than the effects of it +appeared. Geoffrey, Archdeacon of Norwich, who was intrusted with a +considerable office in the court of exchequer, being informed of it +while sitting on the bench, observed to his colleagues the danger of +serving under an excommunicated king; and he immediately left his +chair, and departed the court. John gave orders to seize him, to +throw him into prison, to cover his head with a great leaden cope; +and, by this and other severe usage, he soon put an end to his life +[y]: nor was there any thing wanting to Geoffrey, except the dignity +and rank of Becket, to exalt him to an equal station in heaven with +that great and celebrated martyr. Hugh de Wells, the chancellor, +being elected by the king's appointment Bishop of Lincoln, upon a +vacancy in that see, desired leave to go abroad, in order to receive +consecration from the Archbishop of Rouen; but he no sooner reached +France than he hastened to Pontigny, where Langton then resided, and +paid submissions to him as his primate. The bishops, finding +themselves exposed either to the jealousy of the king or hatred of the +people, gradually stole out of the kingdom; and, at last, there +remained only three prelates to perform the functions of the episcopal +office [z]. Many of the nobility, terrified by John's tyranny, and +obnoxious to him on different accounts, imitated the example of the +bishops; and most of the others who remained were, with reason, +suspected of having secretly entered into a confederacy against him +[a]. John was alarmed at his dangerous situation; a situation which +prudence, vigour, and popularity might formerly have prevented, but +which no virtues or abilities were now sufficient to retrieve. He +desired a conference with Langton at Dover; offered to acknowledge him +as primate, to submit to the pope, to restore the exiled clergy, even +to pay them a limited sum as a compensation for the rents of their +confiscated estates. But Langton, perceiving his advantage, was not +satisfied with these concessions: he demanded that full restitution +and reparation should be made to all the clergy; a condition so +exorbitant, that the king, who probably had not the power of +fulfilling it, and who foresaw that this estimation of damages might +amount to an immense sum, finally broke off the conference [b]. +[FN [y] M. Paris, p. 159. [z] Ann. Waverl. p. 170. Ann. Marg. p. 14. +[a] M. Paris, p. 162. M. West. p. 270, 271. [b] Ann. Waverl. p. +171.] + +[MN 1212.] The next gradation of papal sentences was to absolve +John's subjects from their oaths of fidelity and allegiance, and to +declare every one excommunicated who had any commerce with him in +public or in private; at his table, in his council, or even in private +conversation [c]; and this sentence was accordingly, with all +imaginable solemnity, pronounced against him. But as John still +persevered in his contumacy, there remained nothing but the sentence +of deposition; which, though intimately connected with the former, had +been distinguished from it by the artifice of the court of Rome; and +Innocent determined to dart this last thunderbolt against the +refractory monarch. But as a sentence of this kind required an armed +force to execute it, the pontiff, casting his eyes around, fixed at +last on Philip, King of France, as the person into whose powerful hand +he could most properly intrust that weapon, the ultimate resource of +his ghostly authority. And he offered the monarch, besides the +remission of all his sins and endless spiritual benefits, the property +and possession of the kingdom of England, as the reward of his labour +[d]. +[FN [c] M. Paris, p. 161. M. West. p. 270. [d] M. Paris, p. 162. M. +West. p. 271.] + +[MN 1213.] It was the common concern of all princes to oppose these +exorbitant pretensions of the Roman pontiff, by which they themselves +were rendered vassals, and vassals totally dependent, of the papal +crown: yet even Philip, the most able monarch of the age, was seduced +by present interest, and by the prospect of so tempting a prize, to +accept this liberal offer of the pontiff, and thereby to ratify that +authority which, if he ever opposed its boundless usurpations, might, +next day, tumble him from the throne. He levied a great army; +summoned all the vassals of the crown to attend him at Rouen; +collected a fleet of seventeen hundred vessels, great and small, in +the sea-ports of Normandy and Picardy; and partly from the zealous +spirit of the age, partly from the personal regard universally paid +him, prepared a force, which seemed equal to the greatness of his +enterprise. The king, on the other hand, issued out writs, requiring +the attendance of all his military tenants at Dover, and even of all +able-bodied men, to defend the kingdom in this dangerous extremity. A +great number appeared; and he selected an army of sixty thousand men; +a power invincible, had they been united in affection to their prince, +and animated with a becoming zeal for the defence of their native +country [e]. But the people were swayed by superstition, and regarded +their king with horror, as anathematized by papal censures: the +barons, besides lying under the same prejudices, were all disgusted by +his tyranny, and were, many of them, suspected of holding a secret +correspondence with the enemy; and the incapacity and cowardice of the +king himself, ill fitted to contend with those mighty difficulties, +made men prognosticate the most fatal effects from the French +invasion. +[FN [e] M. Paris, p. 163. M. West. p. 271.] + +Pandolf, whom the pope had chosen for his legate, and appointed to +head this important expedition, had, before he left Rome, applied for +a secret conference with his master, and had asked him, whether, if +the King of England, in this desperate situation, were willing to +submit to the apostolic see, the church should, without the consent of +Philip, grant him any terms of accommodation [f]! Innocent, expecting +from his agreement with a prince so abject both in character and +fortune, more advantages than from his alliance with a great and +victorious monarch, who, after such mighty acquisitions, might become +too haughty to be bound by spiritual chains, explained to Pandolf the +conditions on which he was willing to be reconciled to the King of +England. The legate, therefore, as soon as he arrived in the north of +France, sent over two Knights Templars to desire an interview with +John at Dover, which was readily granted: he there represented to him, +in such strong and probably in such true colours, his lost condition, +the disaffection of his subjects, the secret combination of his +vassals against him, the mighty armament of France, that John yielded +at discretion [g], and subscribed to all the conditions which Pandolf +was pleased to impose upon him. [MN 13th May. The king's submission +to the pope.] He promised, among other articles, that he would submit +himself entirely to the judgment of the pope; that he would +acknowledge Langton for primate; that he would restore all the exiled +clergy and laity, who had been banished on account of the contest; +that he would make them full restitution of their goods, and +compensation for all damages, and instantly consign eight thousand +pounds in part of payment; and that every one outlawed or imprisoned +for his adherence to the pope should immediately be received into +grace and favour [h]. Four barons swore, along with the king, to the +observance of this ignominious treaty [i]. +[FN [f] M. Paris, p. 162. [g] M. West. p. 271. [h] Rymer, vol. i. p. +166. M. Paris, p. 163. Annal. Burt. p. 268. [i] Rymer, vol. i. p. +170. M. Paris, p. 163.] + +But the ignominy of the king was not yet carried to its full height. +Pandolf required him, as the first trial of obedience, to resign his +kingdom to the church; and he persuaded him, that he could nowise so +effectually disappoint the French invasion as by thus putting himself +under the immediate protection of the apostolic see. John, lying +under the agonies of present terror, made no scruple of submitting to +this condition. He passed a charter, in which he said, that, not +constrained by fear, but of his own free will, and by the common +advice and consent of his barons, he had, for remission of his own +sins, and those of his family, resigned England and Ireland, to God, +to St. Peter and St. Paul, and to Pope Innocent and his successors in +the apostolic chair: he agreed to hold these dominions as feudatory of +the church of Rome, by the annual payment of a thousand marks; seven +hundred for England, three hundred for Ireland: and he stipulated that +if he or his successors should ever presume to revoke or infringe this +charter, they should instantly, except upon admonition they repented +of their offence, forfeit all right to their dominions [k]. +[FN [k] Rymer, vol. i. p. 176. M. Paris, p. 165.] + +[MN 15th May.] In consequence of this agreement, John did homage to +Pandolf, as the pope's legate, with all the submissive rites which the +feudal law required of vassals before their liege lord and superior. +He came disarmed into the legate's presence, who was seated on a +throne; he flung himself on his knees before him; he lifted up his +joined hands, and put them within those of Pandolf; he swore fealty to +the pope; and he paid part of the tribute which he owed for his +kingdom as the patrimony of St. Peter. The legate, elated by this +supreme triumph of sacerdotal power, could not forbear discovering +extravagant symptoms of joy and exultation: he trampled on the money, +which was laid at his feet as an earnest of the subjection of the +kingdom; an insolence of which, however offensive to all the English, +no one present, except the Archbishop of Dublin, dared to take any +notice. But though Pandolf had brought the king to submit to these +base conditions, he still refused to free him from the excommunication +and interdict, till an estimation should be taken of the losses of the +ecclesiastics, and full compensation and restitution should be made +them. + +John, reduced to this abject situation under a foreign power, still +showed the same disposition to tyrannize over his subjects, which had +been the chief cause of all his misfortunes. One Peter of Pomfret, a +hermit, had foretold that the king, this very year, should lose his +crown; and for that rash prophecy he had been thrown into prison in +Corfe-castle. John now determined to bring him to punishment as an +impostor; and though the man pleaded that his prophecy was fulfilled, +and that the king had lost the royal and independent crown which he +formerly wore, the defence was supposed to aggravate his guilt: he was +dragged at horses' tails to the town of Warham, and there hanged on a +gibbet with his son [l]. +[FN [l] M. Paris, p. 165. Chron. Dunst. vol. i. p. 56.] + +When Pandolf, after receiving the homage of John, returned to France, +he congratulated Philip on the success of his pious enterprise; and +informed him that John, moved by the terror of the French arms, had +now come to a just sense of his guilt; had returned to obedience under +the apostolic see, and even consented to do homage to the pope for his +dominions; and having thus made his kingdom a part of St. Peter's +patrimony, had rendered it impossible for any Christian prince, +without the most manifest and most flagrant impiety, to attack him +[m]. Philip was enraged on receiving this intelligence: he exclaimed +that having, at the pope's instigation, undertaken an expedition, +which had cost him above sixty thousand pounds sterling, he was +frustrated of his purpose, at the time when its success was become +infallible: he complained that all the expense had fallen upon him; +all the advantages had accrued to Innocent: he threatened to be no +longer the dupe of these hypocritical pretences; and, assembling his +vassals, he laid before them the ill-treatment which he had received, +exposed the interested and fraudulent conduct of the pope, and +required their assistance to execute his enterprise against England, +in which he told them, that, notwithstanding the inhibitions and +menaces of the legate, he was determined to persevere. The French +barons were, in that age, little less ignorant and superstitious than +the English: yet, so much does the influence of those religious +principles depend on the present dispositions of men, they all vowed +to follow their prince on his intended expedition, and were resolute +not to be disappointed of that glory and those riches which they had +long expected from this enterprise. The Earl of Flanders alone, who +had previously formed a secret treaty with John, declaring against the +injustice and impiety of the undertaking, retired with his forces [n]; +and Philip, that he might not leave so dangerous an enemy behind him, +first turned his arms against the dominions of that prince. +Meanwhile, the English fleet was assembled under the Earl of +Salisbury, the king's natural brother; and though inferior in number, +received orders to attack the French in their harbours. Salisbury +performed this service with so much success, that he took three +hundred ships; destroyed a hundred more [o]; and Philip, finding it +impossible to prevent the rest from falling into the hands of the +enemy, set fire to them himself, and thereby rendered it impossible +for him to proceed any farther in his enterprise. +[FN [m] Trivet, p. 160. [n] M. Paris, p. 166. [o] Ibid. p. 166. +Chron. Dunst, vol. i. p. 59. Trivet, p. 157.] + +John, exulting in his present security, insensible to his past +disgrace, was so elated with this success, that he thought of no less +than invading France in his turn, and recovering all those provinces +which the prosperous arms of Philip had formerly ravished from him. +He proposed this expedition to the barons, who were already assembled +for the defence of the kingdom. But the English nobles both hated and +despised their prince: they prognosticated no success to any +enterprise conducted by such a leader; and pretending that their time +of service was elapsed, and all their provisions exhausted, they +refused to second his undertaking [p]. The king, however, resolute in +his purpose, embarked with a few followers, and sailed to Jersey, in +the foolish expectation that the barons would at last be ashamed to +stay behind [q]. But finding himself disappointed, he returned to +England; and, raising some troops, threatened to take vengeance on all +his nobles for their desertion and disobedience. The Archbishop of +Canterbury, who was in a confederacy with the barons, here interposed; +strictly inhibited the king from thinking of such an attempt; and +threatened him with a renewal of the sentence of excommunication, if +he pretended to levy war upon any of his subjects, before the kingdom +were freed from the sentence of interdict [r]. +[FN [p] M. Paris, p. 166. [q] M. Paris, p. 166. [r] Ibid. p. 167.] + +The church had recalled the several anathemas pronounced against John, +by the same gradual progress with which she had at first issued them. +By receiving his homage, and admitting him to the rank of a vassal, +his deposition had been virtually annulled, and his subjects were +again bound by their oaths of allegiance. The exiled prelates had +then returned in great triumph, with Langton at their head; and the +king, hearing of their approach, went forth to meet them, and throwing +himself on the ground before them, he entreated them, with tears, to +have compassion on him and the kingdom of England [s]. [MN July.] +The primate, seeing these marks of sincere penitence, led him to the +chapter-house of Winchester, and there administered an oath to him, by +which he again swore fealty and obedience to Pope Innocent and his +successors; promised to love, maintain, and defend holy church and the +clergy; engaged that he would re-establish the good laws of his +predecessors, particularly those of St. Edward, and would abolish the +wicked ones; and expressed his resolution of maintaining justice and +right in all his dominions [t]. The primate next gave him absolution +in the requisite forms, and admitted him to dine with him, to the +great joy of all the people. The sentence of interdict, however, was +still upheld against the kingdom. A new legate, Nicholas, Bishop of +Frescati, came into England in the room of Pandolf; and he declared it +to be the pope's intentions never to loosen that sentence till full +restitution were made to the clergy of every thing taken from them, +and ample reparation for all damages which they had sustained. He +only permitted mass to be said with a low voice in the churches, till +those losses and damages could be estimated to the satisfaction of the +parties. Certain barons were appointed to take an account of the +claims; and John was astonished at the greatness of the sums to which +the clergy made their losses to amount. No less than twenty thousand +marks were demanded by the monks of Canterbury alone; twenty-three +thousand for the see of Lincoln; and the king, finding these +pretensions to be exorbitant and endless, offered the clergy the sum +of a hundred thousand marks for a final acquittal. The clergy +rejected the offer with disdain; but the pope, willing to favour his +new vassal, whom he found zealous in his declarations of fealty, and +regular in paying the stipulated tribute to Rome, directed his legate +to accept of forty thousand. The issue of the whole was, that the +bishops and considerable abbots got reparation beyond what they had +any title to demand; the inferior clergy were obliged to sit down +contented with their losses; and the king, after the interdict was +taken off, renewed, in the most solemn manner, and by a new charter, +sealed with gold, his professions of homage and obedience to the see +of Rome. +[FN [s] Ibid. p. 166. Ann. Waverl. p. 178. [t] M. Paris, p. 166.] + +[MN 1214.] When this vexatious affair was at last brought to a +conclusion, the king, as if he had nothing farther to attend to but +triumphs and victories, went over to Poictou, which still acknowledged +his authority [u]; and he carried war into Philip's dominions. He +besieged a castle near Angiers; but the approach of Prince Lewis, +Philip's son, obliged him to raise the siege with such precipitation, +that he left his tents, machines, and baggage behind him; and he +returned to England with disgrace. About the same time he heard of +the great and decisive victory gained by the King of France at Bovines +over the Emperor Otho, who had entered France at the head of a hundred +and fifty thousand Germans; a victory which established for ever the +glory of Philip, and gave full security to all his dominions. John +could, therefore, think henceforth of nothing farther than of ruling +peaceably his own kingdom; and his close connexions with the pope, +which he was determined at any price to maintain, ensured him, as he +imagined, the certain attainment of that object. But the last and +most grievous scene of this prince's misfortunes still awaited him; +and he was destined to pass through a series of more humiliating +circumstances than had ever yet fallen to the lot of any other +monarch. +[FN [u] Queen Eleanor died in 1203 or 1204.] + +[MN Discontents of the barons.] +The introduction of the feudal law into England by William the +Conqueror had much infringed the liberties, however imperfect, enjoyed +by the Anglo-Saxons in their ancient government, and had reduced the +whole people to a state of vassalage under the king or barons, and +even the greater part of them to a state of real slavery. The +necessity also of intrusting great power in the hands of a prince, who +was to maintain military dominion over a vanquished nation, had +engaged the Norman barons to submit to a more severe and absolute +prerogative than that to which men of their rank, in other feudal +governments, were commonly subjected. The power of the crown, once +raised to a high pitch, was not easily reduced; and the nation, during +the course of a hundred and fifty years, was governed by an authority +unknown, in the same degree, to all the kingdoms founded by the +northern conquerors. Henry I., that he might allure the people to +give an exclusion to his elder brother Robert, had granted them a +charter, favourable in many particulars to their liberties; Stephen +had renewed the grant; Henry II. had confirmed it: but the concessions +of all these princes had still remained without effect; and the same +unlimited, at least irregular authority, continued to be exercised +both by them and their successors. The only happiness was, that arms +were never yet ravished from the hands of the barons and people: the +nation, by a great confederacy, might still vindicate its liberties; +and nothing was more likely than the character, conduct, and fortunes +of the reigning prince to produce such a general combination against +him. Equally odious and contemptible, both in public and private +life, he affronted the barons by his insolence, dishonoured their +families by his gallantries, enraged them by his tyranny, and gave +discontent to all ranks of men by his endless exactions and +impositions [w]. The effect of these lawless practices had already +appeared in the general demand made by the barons of a restoration of +their privileges; and after he had reconciled himself to the pope, by +abandoning the independence of the kingdom, he appeared to all his +subjects in so mean a light, that they universally thought they might +with safety and honour insist upon their pretensions. +[FN [w] Chron Mailr. p. 188. T. Wykes, p. 36. Ann. Waverl. p. 181. +W. Heming. p. 557.] + +But nothing forwarded this confederacy so much as the concurrence of +Langton, Archbishop of Canterbury; a man whose memory, though he was +obtruded on the nation by a palpable encroachment of the see of Rome, +ought always to be respected by the English. This prelate, whether he +was moved by the generosity of his nature and his affection to public +good; or had entertained an animosity against John on account of the +long opposition made by that prince to his election; or thought that +an acquisition of liberty to the people would serve to increase and +secure the privileges of the church; had formed the plan of reforming +the government, and had prepared the way for that great innovation, by +inserting those singular clauses above-mentioned in the oath which he +administered to the king, before he would absolve him from the +sentence of excommunication. Soon after, in a private meeting of some +principal barons at London, he showed them a copy of Henry I.'s +charter, which, he said, he had happily found in a monastery; and he +exhorted them to insist on the renewal and observance of it: the +barons swore, that they would sooner lose their lives than depart from +so reasonable a demand [x]. The confederacy began now to spread +wider, and to comprehend almost all the barons in England; and a new +and more numerous meeting was summoned by Langton at St. Edmondsbury, +under colour of devotion. [MN Nov. 1.] He again produced to the +assembly the old charter of Henry; renewed his exhortations of +unanimity and vigour in the prosecution of their purpose; and +represented in the strongest colours the tyranny to which they had so +long been subjected, and from which it now behoved them to free +themselves and their posterity [y]. The barons, inflamed by his +eloquence, incited by the sense of their own wrongs, and encouraged by +the appearance of their power and numbers, solemnly took an oath, +before the high altar, to adhere to each other, to insist on their +demands, and to make endless war on the king, till he should submit to +grant them [z]. They agreed that, after the festival of Christmas, +they would prefer in a body their common petition; and, in the mean +time, they separated, after mutually engaging that they would put +themselves in a posture of defence, would enlist men and purchase +arms, and would supply their castles with the necessary provisions. +[FN [x] M. Paris, p. 167. [y] M. Paris, p. 175. [z] Ibid. p. 176.] + +[MN 1215. 6th Jan.] +The barons appeared in London on the day appointed, and demanded of +the king, that, in consequence of his own oath before the primate, as +well as in deference to their just rights, he should grant them a +renewal of Henry's charter, and a confirmation of the laws of St. +Edward. The king, alarmed with their zeal and unanimity, as well as +with their power, required a delay; promised that, at the festival of +Easter, he would give them a positive answer to their petition; and +offered them the Archbishop of Canterbury, the Bishop of Ely, and the +Earl of Pembroke, the mareschal, as sureties for his fulfilling this +engagement [a]. The barons accepted of the terms, and peaceably +returned to their castles. +[FN [a] Ibid. p. 176. M. West. p. 273.] + +[MN 15th Jan.] During this interval, John, in order to break or +subdue the league of his barons, endeavoured to avail himself of the +ecclesiastical power, of whose influence he had, from his own recent +misfortunes, had such fatal experience. He granted to the clergy a +charter, relinquishing for ever that important prerogative, for which +his father and all his ancestors had zealously contended; yielding to +them the free election on all vacancies; reserving only the power to +issue a conge d'elire, and to subjoin a confirmation of the election; +and declaring that, if either of these were withheld, the choice +should nevertheless be deemed just and valid [b]. He made a vow to +lead an army into Palestine against the infidels, and he took on him +the cross; in hopes that he should receive from the church that +protection which she tendered to every one that had entered into this +sacred and meritorious engagement [c]. And he sent to Rome his agent, +William de Mauclerc, in order to appeal to the pope against the +violence of his barons, and procure him a favourable sentence from +that powerful tribunal [d]. The barons also were not negligent on +their part in endeavouring to engage the pope in their interests: they +despatched Eustace de Vescie to Rome; laid their case before Innocent +as their feudal lord: and petitioned him to interpose his authority +with the king, and oblige him to restore and confirm all their just +and undoubted privileges [e]. +[FN [b] Rymer, vol. i. p. 197. [c] Rymer, vol. i. p. 200. Trivet, p. +162. T. Wykes, p. 37. M. West. p. 273. [d] Rymer, vol. i. p. 184. +[e] Ibid.] + +Innocent beheld with regret the disturbances which had arisen in +England, and was much inclined to favour John in his pretensions. He +had no hopes of retaining and extending his newly-acquired superiority +over that kingdom, but by supporting so base and degenerate a prince, +who was willing to sacrifice every consideration to his present +safety: and he foresaw that, if the administration should fall into +the hands of those gallant and high-spirited barons, they would +vindicate the honour, liberty, and independence of the nation, with +the same ardour which they now exerted in defence of their own. He +wrote letters therefore to the prelates, to the nobility, and to the +king himself. He exhorted the first to employ their good offices in +conciliating peace between the contending parties, and putting an end +to civil discord: to the second he expressed his disapprobation of +their conduct in employing force to extort concessions from their +reluctant sovereign: the last he advised to treat his nobles with +grace and indulgence, and to grant them such of their demands as +should appear just and reasonable [f]. +[FN [f] Ibid. p. 196, 197.] + +The barons easily saw, from the tenour of these letters, that they +must reckon on having the pope, as well as the king, for their +adversary; but they had already advanced too far to recede from their +pretensions, and their passions were so deeply engaged, that it +exceeded even the power of superstition itself any longer to control +them. They also foresaw, that the thunders of Rome, when not seconded +by the efforts of the English ecclesiastics, would be of small avail +against them; and they perceived that the most considerable of the +prelates, as well as all the inferior clergy, professed the highest +approbation of their cause. Besides that these men were seized with +the national passion for laws and liberty, blessings of which they +themselves expected to partake, there concurred very powerful causes +to loosen their devoted attachment to the apostolic see. It appeared +from the late usurpations of the Roman pontiff, that he pretended to +reap alone all the advantages accruing from that victory which, under +his banners, though at their own peril, they had every where obtained +over the civil magistrate. The pope assumed a despotic power over all +the churches: their particular customs, privileges, and immunities, +were treated with disdain: even the canons of general councils were +set aside by his dispensing power: the whole administration of the +church was centered in the court of Rome: all preferments ran of +course in the same channel: and the provincial clergy saw, at least +felt, that there was a necessity for limiting these pretensions. The +legate, Nicholas, in filling those numerous vacancies which had fallen +in England during an interdict of six years, had proceeded in the most +arbitrary manner; and had paid no regard, in conferring dignities, to +personal merit, to rank, to the inclination of the electors, or to the +customs of the country. The English church was universally disgusted; +and Langton himself, though he owed his elevation to an encroachment +of the Romish see, was no sooner established in his high office than +he became jealous of the privileges annexed to it, and formed +attachments with the country subjected to his jurisdiction. These +causes, though they opened slowly the eyes of men, failed not to +produce their effect: they set bounds to the usurpations of the +papacy: the tide first stopped, and then turned against the sovereign +pontiff: and it is otherwise inconceivable how that age, so prone to +superstition, and so sunk in ignorance, or rather so devoted to a +spurious erudition, could have escaped falling into an absolute and +total slavery under the court of Rome. + +[MN 1215. Insurrection of the barons.] +About the time that the pope's letters arrived in England, the +malecontent barons, on the approach of the festival of Easter, when +they were to expect the king's answer to their petition, met by +agreement at Stamford; and they assembled a force, consisting of above +two thousand knights, besides their retainers and inferior persons +without number. [MN 27th April.] Elated with their power, they +advanced in a body to Brackley, within fifteen miles of Oxford, the +place where the court then resided; and they there received a message +from the king, by the Archbishop of Canterbury and the Earl of +Pembroke, desiring to know what those liberties were which they so +zealously challenged from their sovereign. They delivered to these +messengers a schedule containing the chief articles of their demands; +which was no sooner shown to the king than he burst into a furious +passion, and asked why the barons did not also demand of him his +kingdom? swearing that he would never grant them such liberties as +must reduce himself to slavery [g]. +[FN [g] M. Paris, p. 176.] + +No sooner were the confederated nobles informed of John's reply than +they chose Robert Fitz-Walter their general, whom they called THE +MARESCHAL OF THE ARMY OF GOD AND OF HOLY CHURCH; and they proceeded +without farther ceremony to levy war upon the king. They besieged the +castle of Northampton during fifteen days, though without success [h]: +the gates of Bedford castle were willingly opened to them by William +Beauchamp, its owner: [MN 24th May.] they advanced to Ware in their +way to London, where they held a correspondence with the principal +citizens: they were received without opposition into that capital: and +finding now the great superiority of their force, they issued +proclamations, requiring the other barons to join them; and menacing +them, in case of refusal or delay, with committing devastation on +their houses and estates [i]. In order to show what might be expected +from their prosperous arms, they made incursions from London, and laid +waste the king's parks and palaces; and all the barons, who had +hitherto carried the semblance of supporting the royal party, were +glad of this pretence for openly joining a cause which they always had +secretly favoured. The king was left at Odiham in Hampshire, with a +poor retinue of only seven knights; and after trying several +expedients to elude the blow, after offering to refer all differences +to the pope alone, or to eight barons, four to be chosen by himself, +and four by the confederates [k], he found himself at last obliged to +submit at discretion. +[FN [h] Ibid. p. 177. Chron. Dunst. vol. i. p. 71. [i] M. Paris, p. +177. [k] Rymer, vol. i. p. 200.] + +[MN 15th June. Magna Charta.] +A conference between the king and the barons was appointed at +Runnemede, between Windsor and Staines; a place which has ever since +been extremely celebrated on account of this great event. The two +parties encamped apart, like open enemies; and after a debate of a few +days, the king, with a facility somewhat suspicious, signed and sealed +the charter which was required of him. [MN 19th June.] This famous +deed, commonly called the GREAT CHARTER, either granted or secured +very important liberties and privileges to every order of men in the +kingdom; to the clergy, to the barons, and to the people. + +The freedom of elections was secured to the clergy; the former charter +of the king was confirmed, by which the necessity of a royal conge' +d'elire and confirmation was superseded: all check upon appeals to +Rome was removed, by the allowance granted every man to depart the +kingdom at pleasure: and the fines to be imposed on the clergy for any +offence were ordained to be proportional to their lay estates, not to +their ecclesiastical benefices. + +The privileges granted to the barons were either abatements in the +rigour of the feudal law, or determinations in points which had been +left by that law, or had become, by practice, arbitrary and ambiguous. +The reliefs of heirs succeeding to a military fee were ascertained; an +earl's and baron's at a hundred marks, a knight's at a hundred +shillings. It was ordained by the charter, that, if the heir be a +minor, he shall immediately, upon his majority, enter upon his estate, +without paying any relief: the king shall not sell his wardship: he +shall levy only reasonable profits upon the estate, without committing +waste, or hurting the property: he shall uphold the castles, houses, +mills, parks, and ponds: and if he commit the guardianship of the +estate to the sheriff or any other, he shall previously oblige them to +find surety to the same purpose. During the minority of a baron, +while his lands are in wardship, and are not in his own possession, no +debt which he owes to the Jews shall bear any interest. Heirs shall +be married without disparagement; and before the marriage be +contracted, the nearest relations of the person shall be informed of +it. A widow, without paying any relief, shall enter upon her dower, +the third part of her husband's rents: she shall not be compelled to +marry, so long as she chooses to continue single; she shall only give +security never to marry without her lord's consent. The king shall +not claim the wardship of any minor who hold lands by military tenure +of a baron, on pretence that he also holds lands of the crown by +soccage or any other tenure. Scutages shall be estimated at the same +rate as in the time of Henry I.; and no scutage or aid, except in the +three general feudal cases, the king's captivity, the knighting of his +eldest son, and the marrying of his eldest daughter, shall be imposed +but by the great council of the kingdom: the prelates, earls, and +great barons, shall be called to this great council, each by a +particular writ; the lesser barons by a general summons of the +sheriff. The king shall not seize any baron's land for a debt to the +crown, if the baron possesses as many goods and chattels as are +sufficient to discharge the debt. No man shall be obliged to perform +more service for his fee than he is bound to by his tenure. No +governor or constable of a castle shall oblige any knight to give +money for castle-guard, if the knight be willing to perform the +service in person, or by another able-bodied man; and if the knight be +in the field himself, by the king's command, he shall be exempted from +all other service of this nature. No vassal shall be allowed to sell +so much of his land as to incapacitate himself from performing his +service to his lord. + +These were the principal articles calculated for the interest of the +barons; and had the charter contained nothing farther, national +happiness and liberty had been very little promoted by it, as it would +only have tended to increase the power and independence of an order of +men who were already too powerful, and whose yoke might have become +more heavy on the people than even that of an absolute monarch. But +the barons, who alone drew and imposed on the prince this memorable +charter, were necessitated to insert in it other clauses of a more +extensive and more beneficent nature: they could not expect the +concurrence of the people without comprehending, together with their +own, the interests of inferior ranks of men; and all provisions which +the barons, for their own sake, were obliged to make, in order to +ensure the free and equitable administration of justice, tended +directly to the benefit of the whole community. The following were +the principal clauses of this nature. + +It was ordained, that all the privileges and immunities above- +mentioned, granted to the barons against the king, should be extended +by the barons to their inferior vassals. The king bound himself not +to grant any writ, empowering a baron to levy aids from his vassals, +except in the three feudal cases. One weight and one measure shall be +established throughout the kingdom. Merchants shall be allowed to +transact all business, without being exposed to any arbitrary tolls +and impositions; they and all freemen shall be allowed to go out of +the kingdom and return to it at pleasure: London, and all cities and +burghs, shall preserve their ancient liberties, immunities, and free +customs: aids shall not be required of them but by the consent of the +great council: no towns or individuals shall be obliged to make or +support bridges but by ancient custom: the goods of every freeman +shall be disposed of according to his will: if he die intestate, his +heirs shall succeed to them. No officer of the crown shall take any +horses, carts, or wood, without the consent of the owner. The king's +courts of justice shall be stationary, and shall no longer follow his +person: they shall be open to every one; and justice shall no longer +be sold, refused, or delayed by them. Circuits shall be regularly +held every year: the inferior tribunals of justice, the county court, +sheriff's turn, and court leet, shall meet at their appointed time and +place: the sheriffs shall be incapacitated to hold pleas of the crown, +and shall not put any person upon his trial from rumour or suspicion +alone, but upon the evidence of lawful witnesses. No freeman shall be +taken or imprisoned, or dispossessed of his free tenement and +liberties, or outlawed, or banished, or anywise hurt or injured, +unless by the legal judgment of his peers, or by the law of the land; +and all who suffered otherwise, in this or the two former reigns, +shall be restored to their rights and possessions. Every freeman +shall be fined in proportion to his fault; and no fine shall be levied +on him to his utter ruin: even a villain or rustic shall not, by any +fine, be bereaved of his carts, ploughs, and implements of husbandry. +This was the only article calculated for the interests of this body of +men, probably at that time the most numerous in the kingdom. + +It must be confessed, that the former articles of the great charter +contain such mitigations and explanations of the feudal law as are +reasonable and equitable; and that the latter involve all the chief +outlines of a legal government, and provide for the equal distribution +of justice and free enjoyment of property; the great objects for which +political society was at first founded by men, which the people have a +perpetual and unalienable right to recall, and which no time, nor +precedent, nor statute, nor positive institution, ought to deter them +from keeping ever uppermost in their thoughts and attention. Though +the provisions made by this charter might, conformably to the genius +of the age, be esteemed too concise, and too bare of circumstances, to +maintain the execution of its articles, in opposition to the chicanery +of lawyers, supported by the violence of power; time gradually +ascertained the sense of all the ambiguous expressions; and those +generous barons who first extorted this concession still held their +swords in their hands, and could turn them against those who dared, on +any pretence, to depart from the original spirit and meaning of the +grant. We may now, from the tenour of this charter, conjecture what +those laws were of King Edward, which the English nation, during so +many generations, still desired, with such an obstinate perseverance, +to have recalled and established. They were chiefly these latter +articles of MAGNA CHARTA; and the barons who, at the beginning of +these commotions, demanded the revival of the Saxon laws, undoubtedly +thought that they had sufficiently satisfied the people, by procuring +them this concession, which comprehended the principal objects to +which they had so long aspired. But what we are most to admire is, +the prudence and moderation of those haughty nobles themselves, who +were enraged by injuries, inflamed by opposition, and elated by a +total victory over their sovereign. They were content, even in this +plenitude of power, to depart from some articles of Henry I.'s +charter, which they made the foundation of their demands, particularly +from the abolition of wardships, a matter of the greatest importance; +and they seem to have been sufficiently careful not to diminish too +far the power and revenue of the crown. If they appear, therefore, to +have carried other demands to too great a height, it can be ascribed +only to the faithless and tyrannical character of the king himself, of +which they had long had experience, and which, they foresaw, would, if +they provided no farther security, lead him soon to infringe their new +liberties, and revoke his own concessions. This alone gave birth to +those other articles, seemingly exorbitant, which were added as a +rampart for the safeguard of the great charter. + +The barons obliged the king to agree that London should remain in +their hands, and the Tower be consigned to the custody of the primate, +till the fifteenth of August ensuing, or till the execution of the +several articles of the great charter [l]. The better to ensure the +same end, he allowed them to choose five-and-twenty members from their +own body, as conservators of the public liberties; and no bounds were +set to the authority of these men either in extent or duration. If +any complaint were made of a violation of the charter, whether +attempted by the king, justiciaries, sheriffs, or foresters, any four +of these barons might admonish the king to redress the grievance: if +satisfaction were not obtained, they could assemble the whole council +of twenty-five, who, in conjunction with the great council, were +empowered to compel him to observe the charter, and, in case of +resistance, might levy war against him, attack his castles, and employ +every kind of violence, except against his royal person, and that of +his queen and children. All men throughout the kingdom were bound, +under the penalty of confiscation, to swear obedience to the twenty- +five barons; and the freeholders of each county were to choose twelve +knights, who were to make report of such evil customs as required +redress, conformably to the tenour of the great charter [m]. The +names of those conservators were, the Earls of Clare, Albemarle, +Gloucester, Winchester, Hereford, Roger Bigod, Earl of Norfolk, Robert +de Vere, Earl of Oxford, William Mareschal the younger, Robert +Fitz-Walter, Gilbert de Clare, Eustace de Vescey, Gilbert Delaval, +William de Mowbray, Geoffrey de Say, Roger de Mombezon, William de +Huntingfield, Robert de Ros, the constable of Chester, William de +Aubenie, Richard de Perci, William Malet, John Fitz-Robert, William de +Lanvalay, Hugh de Bigod, and Roger de Montfichet [n]. These men were, +by this convention, really invested with the sovereignty of the +kingdom: they were rendered co-ordinate with the king, or rather +superior to him, in the exercise of the executive power: and as there +was no circumstance of government which, either directly or +indirectly, might not bear a relation to the security or observance of +the great charter, there could scarcely occur any incident in which +they might not lawfully interpose their authority. +[FN [l] Rymer, vol. i. p. 201. Chron. Dunst vol. i. p. 73. [m] This +seems a very strong proof that the House of Commons was not then in +being; otherwise the knights and burgesses from the several counties +could have given in to the Lords a list of grievances, without so +unusual an election. [n] M. Paris, p. 181.] + +John seemed to submit passively to all these regulations, however +injurious to majesty: he sent writs to all the sheriffs, ordering them +to constrain every one to swear obedience to the twenty-five barons +[o]: he dismissed all his foreign forces: he pretended that his +government was thenceforth to run in a new tenour, and be more +indulgent to the liberty and independence of his people. But he only +dissembled, till he should find a favourable opportunity for annulling +all his concessions. The injuries and indignities which he had +formerly suffered from the pope and the King of France, as they came +from equals or superiors, seemed to make but small impression on him: +but the sense of this perpetual and total subjection under his own +rebellious vassals sunk deep in his mind, and he was determined, at +all hazards, to throw off so ignominious a slavery [p]. He grew +sullen, silent, and reserved: he shunned the society of his courtiers +and nobles: he retired into the Isle of Wight, as if desirous of +hiding his shame and confusion; but in this retreat he meditated the +most fatal vengeance against all his enemies [q]. He secretly sent +abroad his emissaries to enlist foreign soldiers, and to invite the +rapacious Brabancons into his service, by the prospect of sharing the +spoils of England, and reaping the forfeitures of so many opulent +barons, who had incurred the guilt of rebellion by rising in arms +against him [r]: and he despatched a messenger to Rome, in order to +lay before the pope the great charter, which he had been compelled to +sign, and to complain, before that tribunal, of the violence which had +been imposed upon him [s]. +[FN [o] Ibid. p. 182. [p] M. Paris, p. 183. [q] Ibid. [r] Ibid. +Chron. Dunst. vol. i. p.72. Chron. Malr. p. 188. [s] M. Paris, p. +183. Chron. Dunst. vol. i. p. 73.] + +Innocent, considering himself as feudal lord of the kingdom, was +incensed at the temerity of the barons, who, though they pretended to +appeal to his authority, had dared, without waiting for his consent, +to impose such terms on a prince, who, by resigning to the Roman +pontiff his crown and independence, had placed himself immediately +under the papal protection. He issued, therefore, a bull, in which, +from the plenitude of his apostolic power, and from the authority +which God had committed to him, to build and destroy kingdoms, to +plant and overthrow, he annulled and abrogated the whole charter, as +unjust in itself, as obtained by compulsion, and as derogatory to the +dignity of the apostolic see. He prohibited the barons from exacting +the observance of it: he even prohibited the king himself from paying +any regard to it: he absolved him and his subjects from all oaths +which they had been constrained to take to that purpose: and he +pronounced a general sentence of excommunication against every one who +should persevere in maintaining such treasonable and iniquitous +pretensions [t]. +[FN [t] Rymer, vol. i. p. 203, 204, 205, 208. M. Paris, p. 184, 185, +187.] + +[MN Renewal of the civil wars.] +The king, as his foreign forces arrived along with this bull, now +ventured to take off the mask; and, under sanction of the pope's +decree, recalled all the liberties which he had granted to his +subjects, and which he had solemnly sworn to observe. But the +spiritual weapon was found, upon trial, to carry less force with it +than he had reason from his own experience to apprehend. The primate +refused to obey the pope in publishing the sentence of excommunication +against the barons: and though he was cited to Rome, that he might +attend a general council there assembled, and was suspended, on +account of his disobedience to the pope, and his secret correspondence +with the king's enemies [u]; though a new and particular sentence of +excommunication was pronounced by name against the principal barons +[w]; John still found, that his nobility and people, and even his +clergy, adhered to the defence of their liberties, and to their +combination against him: the sword of his foreign mercenaries was all +he had to trust to for restoring his authority. +[FN [u] M. Paris, p. 189. [w] Rymer, vol. i. p. 211. M. Paris, p. +192.] + +The barons, after obtaining the great charter, seem to have been +lulled into a fatal security, and to have taken no rational measures, +in case of the introduction of a foreign force, for reassembling their +armies. The king was, from the first, master of the field; and +immediately laid siege to the castle of Rochester, which was +obstinately defended by William de Aubenie, at the head of a hundred +and forty knights with their retainers, but was at last reduced by +famine. [MN 30th Nov.] John, irritated with the resistance, intended +to have hanged the governor and all the garrison; but, on the +representation of William de Mauleon, who suggested to him the danger +of reprisals, he was content to sacrifice, in this barbarous manner, +the inferior prisoners only [x]. The captivity of William de Aubenie, +the best officer among the confederated barons, was an irreparable +loss to their cause; and no regular opposition was thenceforth made to +the progress of the royal arms. The ravenous and barbarous +mercenaries, incited by a cruel and enraged prince, were let loose +against the estates, tenants, manors, houses, parks of the barons, and +spread devastation over the face of the kingdom. Nothing was to be +seen but the flames of villages and castles reduced to ashes, the +consternation and misery of the inhabitants, tortures exercised by the +soldiery to make them reveal their concealed treasures, and reprisals +no less barbarous committed by the barons and their partisans on the +royal demesnes, and on the estates of such as still adhered to the +crown. The king, marching through the whole extent of England, from +Dover to Berwick, laid the provinces waste on each side of him; and +considered every estate, which was not his immediate property, as +entirely hostile, and the object of military execution. The nobility +of the north, in particular, who had shown the greatest violence in +the recovery of their liberties, and who, acting in a separate body, +had expressed their discontent even at the concessions made by the +great charter, as they could expect no mercy, fled before him with +their wives and families, and purchased the friendship of Alexander, +the young King of Scots, by doing homage to him. +[FN [x] M. Paris, p. 187.] + +[MN Prince Lewis called over.] +The barons, reduced to this desperate extremity, and menaced with the +total loss of their liberties, their properties, and their lives, +employed a remedy no less desperate; and making applications to the +court of France, they offered to acknowledge Lewis, the eldest son of +Philip, for their sovereign, on condition that he would afford them +protection from the violence of their enraged prince. Though the +sense of the common rights of mankind, the only rights that are +entirely indefeasible, might have justified them in the deposition of +their king; they declined insisting, before Philip, on a pretension +which is commonly so disagreeable to sovereigns, and which sounds +harshly in the royal ears. They affirmed, that John was incapable of +succeeding to the crown, by reason of the attainder passed upon him +during his brother's reign; though that attainder had been reversed, +and Richard. had even, by his last will, declared him his successor. +They pretended that he was already legally deposed by sentence of the +Peers of France, on account of the murder of his nephew; though that +sentence could not possibly regard any thing but his transmarine +dominions, which alone he held in vassalage to that crown. On more +plausible grounds they affirmed, that he had already deposed himself +by doing homage to the pope, changing the nature of his sovereignty, +and resigning an independent crown for a fee under a foreign power. +And as Blanche of Castile, the wife of Lewis, was descended by her +mother from Henry II., they maintained, though many other princes +stood before her in the order of succession, that they had not shaken +off the royal family, in choosing her husband for their sovereign. + +Philip was strongly tempted to lay hold on the rich prize which was +offered to him. The legate menaced interdicts and excommunications, +if he invaded the patrimony of St. Peter, or attacked a prince who was +under the immediate protection of the holy see [y]: but as Philip was +assured of the obedience of his own vassals, his principles were +changed with the times, and he now undervalued as much all papal +censures, as he formerly pretended to pay respect to them. His chief +scruple was with regard to the fidelity which he might expect from the +English barons in their new engagements, and the danger of intrusting +his son and heir into the hands of men, who might, on any caprice or +necessity, make peace with their native sovereign, by sacrificing a +pledge of so much value. He therefore exacted from the barons twenty- +five hostages of the most noble birth in the kingdom [z]; and having +obtained this security, he sent over first a small army to the relief +of the confederates; then more numerous forces, which arrived with +Lewis himself at their head. +[FN [y] M. Paris, p. 194. M. West. p. 275. [z] M. Paris, p. 193. +Chron. Dunst. vol. i. p. 74.] + +The first effect of the young prince's appearance in England was the +desertion of John's foreign troops, who, being mostly levied in +Flanders, and other provinces of France, refused to serve against the +heir of their monarchy [a]. The Gascons and Poictevins alone, who +were still John's subjects, adhered to his cause; but they were too +weak to maintain that superiority in the field which they had hitherto +supported against the confederated barons. Many considerable noblemen +deserted John's party, the Earls of Salisbury, Arundel, Warrenne, +Oxford, Albemarle, and William Mareschal the younger: his castles fell +daily into the hands of the enemy; Dover was the only place which, +from the valour and fidelity of Hubert de Burgh, the governor, made +resistance to the progress of Lewis [b]: and the barons had the +melancholy prospect of finally succeeding in their purpose, and of +escaping the tyranny of their own king, by imposing on themselves and +the nation a foreign yoke. But this union was of short duration +between the French and English nobles: and the imprudence of Lewis, +who, on every occasion, showed too visible a preference to the former, +increased that jealousy which it was so natural for the latter to +entertain in their present situation [c]. The Viscount of Melun, too, +it is said, one of his courtiers, fell sick at London, and finding the +approaches of death, he sent for some of his friends among the English +barons, and warning them of their danger, revealed Lewis's secret +intentions of exterminating them and their families as traitors to +their prince, and of bestowing their estates and dignities on his +native subjects, in whose fidelity he could more reasonably place +confidence [d]: this story, whether true or false, was universally +reported and believed; and concurring with other circumstances which +rendered it credible, did great prejudice to the cause of Lewis. The +Earl of Salisbury, and other noblemen, deserted again to John's party +[e]; and as men easily change sides in a civil war, especially where +their power is founded on an hereditary and independent authority, and +is not derived from the opinion and favour of the people, the French +prince had reason to dread a sudden reverse of fortune. The king was +assembling a considerable army, with a view of fighting one great +battle for his crown; but passing from Lynn to Lincolnshire, his road +lay along the sea-shore, which was overflowed at high water; and not +choosing the proper time for his journey, he lost in the inundation +all his carriages, treasure, baggage, and regalia. The affliction +for this disaster, and vexation from the distracted state of his +affairs, increased the sickness under which he then laboured; and +though he reached the castle of Newark, he was obliged to halt there, +[MN 17th Oct. Death,] and his distemper soon after put an end to his +life, in the forty-ninth year of his age, and eighteenth of his reign; +and freed the nation from the dangers to which it was equally exposed +by his success or by his misfortunes. +[FN [a] M. Paris, p. 195. [b] M. Paris, p. 198. Chron. Dunst. vol. +i. p. 75, 76. [c] W. Heming. p. 559. [d] M. Paris, p. 199. M. West. +p. 277. [e] Chron. Dunst. vol. i. p. 76.] + +[MN and character of the king.] The character of this prince is +nothing but a complication of vices, equally mean and odious; ruinous +to himself, and destructive to his people. Cowardice, inactivity, +folly, levity, licentiousness, ingratitude, treachery, tyranny, and +cruelty; all these qualities appear too evidently in the several +incidents of his life, to give us room to suspect that the +disagreeable picture has been anywise overcharged by the prejudices of +the ancient historians. It is hard to say whether his conduct to his +father, his brother, his nephew, or his subjects, was most culpable; +or whether his crimes, in these respects, were not even exceeded by +the baseness which appeared in his transactions with the King of +France, the pope, and the barons. His European dominions, when they +devolved to him by the death of his brother, were more extensive than +have ever, since his time, been ruled by an English monarch; but he +first lost, by his misconduct, the flourishing provinces in France, +the ancient patrimony of his family: he subjected his kingdom to a +shameful vassalage under the see of Rome: he saw the prerogatives of +his crown diminished by law, and still more reduced by faction: and he +died at last, when in danger of being totally expelled by a foreign +power, and of either ending his life miserably in prison, or seeking +shelter, as a fugitive, from the pursuit of his enemies. + +The prejudices against this prince were so violent, that he was +believed to have sent an embassy to the Miramoulin, or Emperor of +Morocco, and to have offered to change his religion and become +Mahometan, in order to purchase the protection of that monarch. But +though this story is told us, on plausible authority, by Matthew Paris +[f], it is in itself utterly improbable; except that there is nothing +so incredible but may be believed to proceed from the folly and +wickedness of John. +[FN [f] P. 169.] + +The monks throw great reproaches on this prince for his impiety and +even infidelity; and as an instance of it, they tell us, that having +one day caught a very fat stag, he exclaimed, HOW PLUMP AND WELL FED +IS THIS ANIMAL! AND YET, I DARE SWEAR, HE NEVER HEARD MASS [g]. This +sally of wit upon the usual corpulency of the priests, more than all +his enormous crimes and iniquities, made him pass with them for an +atheist. + +John left two legitimate sons behind him; Henry, born on the first of +October, 1207, and now nine years of age; and Richard, born on the +sixth of January, 1209; and three daughters; Jane, afterwards married +to Alexander King of Scots; Eleanor, married first to William +Mareschal the younger, Earl of Pembroke, and then to Simon Mountfort, +Earl of Leicester; and Isabella, married to the Emperor Frederic II. +All these children were born to him by Isabella of Angoulesme, his +second wife. His illegitimate children were numerous, but none of +them were anywise distinguished. + +It was this king who, in the ninth year of his reign, first gave by +charter, to the city of London, the right of electing, annually, a +mayor out of its own body, an office which was till now held for life. +He gave the city also power to elect and remove its sheriffs at +pleasure, and its common-councilmen annually. London-bridge was +finished in this reign. The former bridge was of wood. Maud, the +empress, was the first that built a stone bridge in England. +[FN [g] M. Paris, p. 170.] + + + + +APPENDIX II. + +THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. + +ORIGIN OF THE FEUDAL LAW.--ITS PROGRESS.--FEUDAL GOVERNMENT OF +ENGLAND.--THE FEUDAL PARLIAMENT.--THE COMMONS.--JUDICAL POWER.-- +REVENUE OF THE CROWN.--COMMERCE.--THE CHURCH.--CIVIL LAWS.--MANNERS. + + + +The feudal law is the chief foundation, both of the political +government and of the jurisprudence established by the Normans in +England. Our subject therefore requires, that we should form a just +idea of this law, in order to explain the state, as well of that +kingdom, as of all other kingdoms of Europe, which, during those ages, +were governed by similar institutions. And though I am sensible, that +I must here repeat many observations and reflections which have been +communicated by others [a]; yet, as every book, agreeably to the +observation of a great historian [b], should be as complete as +possible within itself, and should never refer, for any thing +material, to other books, it will be necessary, in this place, to +deliver a short plan of that prodigious fabric, which, for several +centuries, preserved such a mixture of liberty and oppression, order +and anarchy, stability and revolution, as was never experienced in any +other age, or any other part of the world. +[FN [a] L'Esprit des Loix. Dr. Robertson's History of Scotland. [b] +Padre Paolo, Hist. Conc. Trid.] + +[MN Origin of the feudal law.] +After the northern nations had subdued the provinces of the Roman +empire, they were obliged to establish a system of government which +might secure their conquests, as well against the revolt of their +numerous subjects, who remained in the provinces, as from the inroads +of other tribes, who might be tempted to ravish from them their new +acquisitions. The great change of circumstances made them here depart +from those institutions which prevailed among them while they remained +in the forests of Germany; yet it was still natural for them to +retain, in their present settlement, as much of their ancient customs +as was compatible with their new situation. + +The German governments, being more a confederacy of independent +warriors than a civil subjection, derived their principal force from +many inferior and voluntary associations, which individuals formed +under a particular head or chieftain, and which it became the highest +point of honour to maintain with inviolable fidelity. The glory of +the chief consisted in the number, the bravery, and the zealous +attachment of his retainers: the duty of the retainers required, that +they should accompany their chief in all wars and dangers, that they +should fight and perish by his side, and that they should esteem his +renown or his favour a sufficient recompense for all their services +[c]. The prince himself was nothing but a great chieftain, who was +chosen from among the rest on account of his superior valour or +nobility; and who derived his power from the voluntary association or +attachment of the other chieftains. +[FN [c] Tacit. de Mor. Germ.] + +When a tribe, governed by these ideas, and actuated by these +principles, subdued a large territory, they found, that though it was +necessary to keep themselves in a military posture, they could neither +remain united in a body, nor take up their quarters in several +garrisons, and that their manners and institutions debarred them from +using these expedients; the obvious ones, which, in a like situation, +would have been employed by a more civilized nation. Their ignorance +in the art of finances, and perhaps the devastations inseparable from +such violent conquests, rendered it impracticable for them to levy +taxes sufficient for the pay of numerous armies; and their repugnance +to subordination, with their attachment to rural pleasures, made the +life of the camp or garrison, if perpetuated during peaceful times, +extremely odious and disgustful to them. They seized, therefore, such +a portion of the conquered lands as appeared necessary; they assigned +a share for supporting the dignity of their prince and government; +they distributed other parts, under the title of fiefs, to the chiefs; +these made a new partition among their retainers: the express +condition of all these grants was, that they might be resumed at +pleasure, and that the possessor, so long as he enjoyed them, should +still remain in readiness to take the field for the defence of the +nation. And though the conquerors immediately separated, in order to +enjoy their new acquisitions, their martial disposition made them +readily fulfil the terms of their engagement: they assembled on the +first alarm; their habitual attachment to the chieftain made them +willingly submit to his command; and thus a regular military force, +though concealed, was always ready to defend, on any emergence, the +interest and honour of the community. + +We are not to imagine that all the conquered lands were seized by the +northern conquerors; or that the whole of the land thus seized was +subjected to those military services. This supposition is confuted by +the history of all the nations on the continent. Even the idea given +us of the German manners by the Roman historian may convince us, that +that bold people would never have been content with so precarious a +subsistence, or have fought to procure establishments which were only +to continue during the good pleasure of their sovereign. Though the +northern chieftains accepted of lands, which, being considered as a +kind of military pay, might be resumed at the will of the king or +general; they also took possession of estates, which being hereditary +and independent, enabled them to maintain their native liberty, and +support, without court favour, the honour of their rank and family. + +[MN Progress of the feudal law.] +But there is a great difference, in the consequences, between the +distribution of a pecuniary subsistence, and the assignment of lands +burdened with the condition of military service. The delivery of the +former, at the weekly, monthly, or annual terms of payment, still +recalls the idea of a voluntary gratuity from the prince, and reminds +the soldier of the precarious tenure by which he holds his commission. +But the attachment naturally formed with a fixed portion of land +gradually begets the idea of something like property, and makes the +possessor forget his dependent situation, and the condition which was +at first annexed to the grant. It seemed equitable that one who had +cultivated and sowed a field should reap the harvest: hence fiefs, +which were at first entirely precarious, were soon made annual. A man +who had employed his money in building, planting, or other +improvements, expected to reap the fruits of his labour or expense: +hence they were next granted during a term of years. It would be +thought hard to expel a man from his possessions, who had always done +his duty, and performed the conditions on which he originally received +them: hence the chieftains, in a subsequent period, thought themselves +entitled to demand the enjoyment of their feudal lands during life. +It was found that a man would more willingly expose himself in battle, +if assured that his family should inherit his possessions, and should +not be left by his death in want and poverty: hence fiefs were made +hereditary in families, and descended, during one age, to the son, +then to the grandson, next to the brothers, and afterwards to more +distant relations [d]. The idea of property stole in gradually upon +that of military pay; and each century made some sensible addition to +the stability of fiefs and tenures. +[FN [d] Lib. Feud. lib. I. tit. 1.] + +In all these successive acquisitions, the chief was supported by his +vassals; who, having originally a strong connexion with him, augmented +by the constant intercourse of good offices, and by the friendship +arising from vicinity and dependence, were inclined to follow their +leader against all his enemies, and voluntarily, in his private +quarrels, paid him the same obedience, to which, by their tenure, they +were bound in foreign wars. While he daily advanced new pretensions +to secure the possession of his superior fief, they expected to find +the same advantage, in acquiring stability to their subordinate ones; +and they zealously opposed the intrusion of a new lord, who would be +inclined, as he was fully entitled, to bestow the possession of their +lands on his own favourites and retainers. Thus the authority of the +sovereign gradually decayed; and each noble, fortified in his own +territory by the attachment of his vassals, became too powerful to be +expelled by an order from the throne; and he secured by law what he +had at first acquired by usurpation. + +During this precarious state of the supreme power, a difference would +immediately be experienced between those portions of territory which +were subjected to the feudal tenures, and those which were possessed +by an allodial or free title. Though the latter possessions had at +first been esteemed much preferable, they were soon found, by the +progressive changes introduced into public and private law, to be of +an inferior condition to the former. The possessors of a feudal +territory, united by a regular subordination under one chief, and by +the mutual attachments of the vassals, had the same advantages over +the proprietors of the other, that a disciplined army enjoys over a +dispersed multitude; and were enabled to commit with impunity all +injuries on their defenceless neighbours. Every one, therefore, +hastened to seek that protection which he found so necessary; and each +allodial proprietor, resigning his possessions into the hands of the +king, or of some nobleman respected for power or valour, received them +back with the condition of feudal services [e], which, though a burden +somewhat grievous, brought him ample compensation, by connecting him +with the neighbouring proprietors, and placing him under the +guardianship of a potent chieftain. The decay of the political +government thus necessarily occasioned the extension of the feudal: +the kingdoms of Europe were universally divided into baronies, and +these into inferior fiefs: and the attachment of vassals to their +chief, which was at first an essential part of the German manners, was +still supported by the same causes from which it at first arose; the +necessity of mutual protection, and the continued intercourse between +the head and the members, of benefits and services. +[FN [e] Marculf. Form. 47. apud Lindenbr. p. 1238.] + +But there was another circumstance which corroborated these feudal +dependencies, and tended to connect the vassals with their superior +lord by an indissoluble bond of union. The northern conquerors, as +well as the more early Greeks and Romans, embraced a policy which is +unavoidable to all nations that have made slender advances in +refinement: they every where united the civil jurisdiction with the +military power. Law, in its commencement, was not an intricate +science, and was more governed by maxims of equity, which seem +obvious to common sense, than by numerous and subtle principles, +applied to a variety of cases by profound reasonings from analogy. An +officer, though he had passed his life in the field, was able to +determine all legal controversies which could occur within the +district committed to his charge; and his decisions were the most +likely to meet with a prompt and ready obedience, from men who +respected his person, and were accustomed to act under his command. +The profit arising from punishments, which were then chiefly +pecuniary, was another reason for his desiring to retain the judicial +power; and when his fief became hereditary, this authority, which was +essential to it, was also transmitted to his posterity. The counts +and other magistrates, whose power was merely official, were tempted, +in imitation of the feudal lords, whom they resembled in so many +particulars, to render their dignity perpetual and hereditary; and in +the decline of the regal power, they found no difficulty in making +good their pretensions. After this manner, the vast fabric of feudal +subordination became quite solid and comprehensive; it formed every +where an essential part of the political constitution; and the Norman +and other barons, who followed the fortunes of William, were so +accustomed to it that they could scarcely form an idea of any other +species of civil government [f]. +[FN [f] The ideas of the feudal government were so rooted, that even +lawyers, in those ages, could not form a notion of any other +Constitution REGNUM (says Bracton, lib. 2. cap. 34.) QUOD EX +COMITATIBUS ET BARONIBUS DICITUR ESSE CONSTITUTUM.] + +The Saxons who conquered England, as they exterminated the ancient +inhabitants, and thought themselves secured by the sea against new +invaders, found it less requisite to maintain themselves in a military +posture: the quantity of land which they annexed to offices seems to +have been of small value; and for that reason continued the longer in +its original situation, and was always possessed during pleasure by +those who were intrusted with the command. These conditions were too +precarious to satisfy the Norman barons, who enjoyed more independent +possessions and jurisdictions in their own country; and William was +obliged, in the new distribution of land, to copy the tenures which +were now become universal on the continent. England of a sudden +became a feudal kingdom [g]; and received all the advantages, and was +exposed to all the inconveniences, incident to that species of civil +polity. +[FN [g] Coke, Comm. on Lit. p. 1, 2. ad sect. 1.] + +[MN The feudal government of England.] +According to the principles of the feudal law, the king was the +supreme lord of the landed property: all possessors, who enjoyed the +fruits or revenue of any part of it, held those privileges, either +mediately or immediately, of him; and their property was conceived to +be in some degree conditional [h]. The land was still apprehended to +be a species of BENEFICE, which was the original conception of a +feudal property; and the vassal owed, in return for it, stated +services to his baron, as the baron himself did for his land to the +crown. The vassal was obliged to defend his baron in war; and the +baron, at the head of his vassals, was bound to fight in defence of +the king and kingdom. But besides these military services, which were +casual, there were others imposed of a civil nature, which were more +constant and durable. +[FN [h] Somner of Gavelk. p. 109. Smith de Rep. lib. 3. cap. 10.] + +The northern nations had no idea that any man, trained up to honour, +and inured to arms, was ever to be governed, without his own consent, +by the absolute will of another; or that the administration of justice +was ever to be exercised by the private opinion of any one magistrate, +without the concurrence of some other persons, whose interest might +induce them to check his arbitrary and iniquitous decisions. The +king, therefore, when he found it necessary to demand any service of +his barons or chief tenants, beyond what was due by their tenures, was +obliged to assemble them in order to obtain their CONSENT: and when it +was necessary to determine any controversy which might arise among the +barons themselves, the question must be discussed in their presence, +and be decided according to their opinion or ADVICE. In these two +circumstances of consent and advice consisted chiefly the civil +services of the ancient barons; and these implied all the considerable +incidents of government. In one view, the barons regarded this +attendance as their principal PRIVILEGE; in another, as a grievous +BURDEN. That no momentous affairs could be transacted without their +consent and advice was in GENERAL esteemed the great security of their +possessions and dignities: but as they reaped no immediate profit from +their attendance at court, and were exposed to great inconvenience and +charge by an absence from their own estates, every one was glad to +exempt himself from each PARTICULAR exertion of this power; and was +pleased both that the call for that duty should seldom return upon +him, and that others should undergo the burden in his stead. The +king, on the other hand, was usually anxious, for several reasons, +that the assembly of the barons should be full at every stated or +casual meeting: this attendance was the chief badge of their +subordination to his crown, and drew them from that independence which +they were apt to affect in their own castles and manors; and where the +meeting was thin or ill attended, its determinations had less +authority, and commanded not so ready an obedience from the whole +community. + +The case was the same with the barons in their courts, as with the +king in the supreme council of the nation. It was requisite to +assemble the vassals, in order to determine by their vote any question +which regarded the barony; and they sat along with the chief in all +trials, whether civil or criminal, which occurred within the limits of +their jurisdiction. They were bound to pay suit and service at the +court of their baron: and as their tenure was military, and +consequently honourable, they were admitted into his society, and +partook of his friendship. Thus, a kingdom was considered only as a +great barony, and a barony as a small kingdom. The barons were peers +to each other in the national council, and, in some degree, companions +to the king: the vassals were peers to each other in the court of +barony, and companions to their baron [i]. +[FN [i] Du Cange, Gloss. in verb. PAR Cujac. Commun. in Lib. Feud. +lib. I. tit. p. 18. Spellm. Gloss. in verb.] + +But though this resemblance so far took place, the vassals, by the +natural course of things, universally, in the feudal constitutions, +fell into a greater subordination under the baron, than the baron +himself under his sovereign; and these governments had a necessary +and infallible tendency to augment the power of the nobles. The great +chief, residing in his country-seat, which he was commonly allowed to +fortify, lost, in a great measure, his connexion or acquaintance with +the prince; and added every day new force to his authority over the +vassals of the barony. They received from him education in all +military exercises: his hospitality invited them to live and enjoy +society in his hall: their leisure, which was great, made them +perpetual retainers on his person, and partakers of his country sports +and amusements: they had no means of gratifying their ambition but by +making a figure in his train: his favour and countenance was their +greatest honour: his displeasure exposed them to contempt and +ignominy: and they felt every moment the necessity of his protection, +both in the controversies which occurred with other vassals, and, what +was more material, in the daily inroads and injuries which were +committed by the neighbouring barons. During the time of general war, +the sovereign, who marched at the head of his armies, and was the +great protector of the state, always acquired some accession to his +authority, which he lost during the intervals of peace and +tranquillity: but the loose police, incident to the feudal +constitutions, maintained a perpetual, though secret hostility, +between the several members of the state; and the vassals found no +means of securing themselves against the injuries to which they were +continually exposed, but by closely adhering to their chief, and +falling into a submissive dependence upon him. + +If the feudal government was so little favourable to the true liberty +even of the military vassal, it was still more destructive of the +independence and security of the other members of the state, or what, +in a proper sense, we call the people. A great part of them were +SERFS, and lived in a state of absolute slavery or villanage: the +other inhabitants of the country paid their rents in services, which +were in a great measure arbitrary; and they could expect no redress of +injuries, in a court of barony, from men who thought they had a right +to oppress and tyrannize over them. The towns were situated either +within the demesnes of the king, or the lands of the great barons, and +were almost entirely subjected to the absolute will of their master. +The languishing state of commerce kept the inhabitants poor and +contemptible; and the political institutions were calculated to render +that poverty perpetual. The barons and gentry, living in rustic +plenty and hospitality, gave no encouragement to the arts, and had no +demand for any of the more elaborate manufactures: every profession +was held in contempt but that of arms: and if any merchant or +manufacturer rose by industry and frugality to a degree of opulence, +he found himself but the more exposed to injuries, from the envy and +avidity of the military nobles. + +These concurring causes gave the feudal governments so strong a bias +towards aristocracy, that the royal authority was extremely eclipsed +in all the European states; and, instead of dreading the growth of +monarchical power, we might rather expect, that the community would +every where crumble into so many independent baronies, and lose the +political union by which they were cemented. In elective monarchies, +the event was commonly answerable to this expectation; and the barons, +gaining ground on every vacancy of the throne, raised themselves +almost to a state of sovereignty, and sacrificed to their power both +the rights of the crown and the liberties of the people. But +hereditary monarchies had a principle of authority which was not so +easily subverted; and there were several causes which still maintained +a degree of influence in the hands of the sovereign. + +The greatest baron could never lose view entirely of those principles +of the feudal constitution which bound him, as a vassal, to submission +and fealty towards his prince; because he was every moment obliged to +have recourse to those principles, in exacting fealty and submission +from his own vassals. The lesser barons, finding that the +annihilation of royal authority left them exposed, without protection, +to the insults and injuries of more potent neighbours, naturally +adhered to the crown, and promoted the execution of general and equal +laws. The people had still a stronger interest to desire the grandeur +of the sovereign; and the king, being the legal magistrate, who +suffered by every internal convulsion or oppression, and who regarded +the great nobles as his immediate rivals, assumed the salutary office +of general guardian or protector of the Commons. Besides the +prerogatives with which the law invested him, his large demesnes and +numerous retainers rendered him, in one sense, the greatest baron in +his kingdom; and where he was possessed of personal vigour and +abilities, (for his situation required these advantages,) he was +commonly able to preserve his authority, and maintain his station as +head of the community, and the chief fountain of law and justice. + +The first kings of the Norman race were favoured by another +circumstance, which preserved them from the encroachments of their +barons. They were generals of a conquering army, which was obliged to +continue in a military posture, and to maintain great subordination +under their leader, in order to secure themselves from the revolt of +the numerous natives, whom they had bereaved of all their properties +and privileges. But though this circumstance supported the authority +of William and his immediate successors, and rendered them extremely +absolute, it was lost as soon as the Norman barons began to +incorporate with the nation, to acquire a security in their +possessions, and to fix their influence over their vassals, tenants, +and slaves: and the immense fortunes which the Conqueror had bestowed +on his chief captains served to support their independence, and make +them formidable to their sovereign. + +He gave, for instance, to Hugh de Abrincis, his sister's son, the +whole county of Chester, which he erected into a palatinate, and +rendered by his grant almost independent of the crown [k]. Robert, +Earl of Mortaigne, had 973 manors and lordships: Allan, Earl of +Britany and Richmond, 442: Odo, Bishop of Baieux, 439 [l]: Geoffrey, +Bishop of Coutance, 280 [m]: Walter Giffard, Earl of Buckingham, 107: +William, Earl Warrenne, 298, besides 28 towns or hamlets in Yorkshire: +Todenei, 81: Roger Bigod, 123: Robert, Earl of Eu, 119: Roger +Mortimer, 132, besides several hamlets: Robert de Stafford, 130: +Walter de Eurus, Earl of Salisbury, 46: Geoffrey de Mandeville, 118: +Richard de Clare, 171: Hugh de Beauchamp, 47: Baldwin de Ridvers, 164: +Henry de Ferrars, 222: William de Percy, 119 [n]: Norman d'Arcy, 33 +[o]. Sir Henry Spellman computes, that, in the large county of +Norfolk, there were not, in the Conqueror's time, above sixty-six +proprietors of land [p]. Men, possessed of such princely revenues and +jurisdictions, could not long be retained in the rank of subjects. +The great Earl Warrenne, in a subsequent reign, when he was questioned +concerning his right to the lands which he possessed, drew his sword, +which he produced as his title; adding, that William the Bastard did +not conquer the kingdom himself; but that the barons, and his ancestor +among the rest, were joint adventurers in the enterprise [q]. +[FN [k] Camd. in Chesh. Spellm. Gloss. in verb. COMES PALATINUS. [l] +Brady's Hist. p. 198, 200. [m] Order. Vital. [n] Dugdale's Baronage, +from Doomsday Book, vol. i. p. 60, 74; iii. 112, 132, 136, 138, 156, +174, 200, 207, 223, 254, 257, 269. [o] Ibid. p. 369. It is +remarkable, that this family of d'Arcy seems to be the only male +descendants of any of the Conqueror's barons now remaining among the +Peers. Lord Holdernesse is the heir of that family. [p] Spellm. +Gloss. in verb. DOMESDAY. [q] Dugd. Bar. vol. i. p. 79. Ibid. +Origines Juridicales, p. 13.] + +[MN The feudal Parliament.] +The supreme legislative power of England was lodged in the king and +great council, or what was afterwards called the Parliament. It is +not doubted but the archbishops, bishops, and most considerable +abbots, were constituent members of this council. They sat by a +double title: by prescription, as having always possessed that +privilege, through the whole Saxon period, from the first +establishment of Christianity; and by their right of baronage, as +holding of the king IN CAPITE, by military service. These two titles +of the prelates were never accurately distinguished. When the +usurpations of the church had risen to such a height as to make the +bishops affect a separate dominion, and regard their seat in +Parliament as a degradation of their episcopal dignity; the king +insisted, that they were barons, and, on that account, obliged, by the +general principles of the feudal law, to attend on him in his great +councils [r]. Yet there still remained some practices, which +supposed their title to be derived merely from ancient possession. +When a bishop was elected, he sat in Parliament before the king had +made him restitution of his temporalities; and during the vacancy of a +see, the guardian of the spiritualities was summoned to attend along +with the bishops. +[FN [r] Spellm. Gloss. In verb. BARO.] + +The barons were another constituent part of the great council of the +nation. These held immediately of the crown by a military tenure: +they were the most honourable members of the state, and had a RIGHT to +be consulted in all public deliberations: they were the immediate +vassals of the crown, and owed as a SERVICE their attendance in the +court of their supreme lord. A resolution taken without their consent +was likely to be but ill executed; and no determination of any cause +or controversy among them had any validity, where the vote and advice +of the body did not concur. The dignity of earl or count was official +and territorial, as well as hereditary; and as all the earls were also +barons, they were considered as military vassals of the crown, were +admitted in that capacity into the general council, and formed the +most honourable and powerful branch of it. + +But there was another class of the immediate military tenants of the +crown, no less, or probably more numerous than the barons, the tenants +IN CAPITE by knights' service; and these, however inferior in power or +property, held by a tenure which was equally honourable with that of +the others. A barony was commonly composed of several knights' fees; +and though the number seems not to have been exactly defined, seldom +consisted of less than fifty hides of land [s]: but where a man held +of the king only one or two knights' fees, he was still an immediate +vassal of the crown, and as such had a title to have a seat in the +general councils. But as this attendance was usually esteemed a +burden, and one too great for a man of slender fortune to bear +constantly, it is probable that, though he had a title, if he pleased, +to be admitted, he was not obliged, by any penalty, like the barons, +to pay a regular attendance. All the immediate military tenants of +the crown amounted not fully to 700, when Doomsday Book was framed; +and as the members were well pleased, on any pretext, to excuse +themselves from attendance, the assembly was never likely to become +too numerous for the despatch of public business. +[FN [s] Four hides made one knight's fee: the relief of a barony was +twelve times greater than that of a knight's fee; whence we may +conjecture its usual value. Spellm. Gloss. in verb. FEODUM. There +were 243,600 hides in England, and 60,215 knights' fees; whence it is +evident, that there were a little more than four hides in each +knight's fee.] + +[MN The Commons.] +So far the nature of a general council, or ancient Parliament, is +determined, without any doubt or controversy. The only question seems +to be with regard to the Commons, or the representatives of counties +and boroughs, whether they were also, in more early times, constituent +parts of Parliament? This question was once disputed in England with +great acrimony; but such is the force of time and evidence, that they +can sometimes prevail, even over faction; and the question seems by +general consent, and even by their own, to be at last determined +against the ruling party. It is agreed, that the Commons were no part +of the great council, till some ages after the Conquest; and that the +military tenants alone of the crown composed that supreme and +legislative assembly. + +The vassals of a baron were, by their tenure, immediately dependent on +him, owed attendance at his court, and paid all their duty to the +king, through that dependence which their lord was obliged by HIS +tenure to acknowledge to his sovereign and superior. Their land, +comprehended in the barony, was represented in Parliament by the baron +himself, who was supposed, according to the fictions of the feudal +law, to possess the direct property of it; and it would have been +deemed incongruous to give it any other representation. They stood in +the same capacity to him, that he and the other barons did to the +king. The former were peers of the barony; the latter were peers of +the realm. The vassals possessed a subordinate rank within their +district; the baron enjoyed a superior dignity in the great assembly: +they were in some degree his companions at home; he the king's +companion at court: and nothing can be more evidently repugnant to all +feudal ideas, and to that gradual subordination which was essential to +those ancient institutions, than to imagine that the king would apply +either for the advice or consent of men, who were of a rank so much +inferior, and whose duty was immediately paid to the MESNE lord that +was interposed between them and the throne [t]. +[FN [t] Spellm. Gloss. in verb. BARO.] + +If it be unreasonable to think that the vassals of a barony, though +their tenure was military, and noble, and honourable, were ever +summoned to give their opinion in national councils, much less can it +be supposed, that the tradesmen or inhabitants of boroughs, whose +condition was so much inferior, would be admitted to that privilege. +It appears from Doomsday, that the greatest boroughs were, at the time +of the Conquest, scarcely more than country villages; and that the +inhabitants lived in entire dependence on the king or great lords, and +were of a station little better than servile [u]. They were not then +so much as incorporated; they formed no community; were not regarded +as a body politic; and being really nothing but a number of low +dependent tradesmen, living, without any particular civil tie, in +neighbourhood together, they were incapable of being represented in +the states of the kingdom. Even in France, a country which made more +early advances in arts and civility than England, the first +corporation is sixty years posterior to the Conquest under the Duke of +Normandy; and the erecting of these communities was an invention of +Lewis the Gross, in order to free the people from slavery under the +lords, and to give them protection, by means of certain privileges and +a separate jurisdiction [w]. An ancient French writer calls them a +new and wicked device, to procure liberty to slaves, and encourage +them in shaking off the dominion of their masters [x]. The famous +charter, as it is called, of the Conqueror to the city of London, +though granted at a time when he assumed the appearance of gentleness +and lenity, is nothing but a letter of protection, and a declaration +that the citizens should not be treated as slaves [y]. By the English +feudal law, the superior lord was prohibited from marrying his female +ward to a burgess or a villain [z]; so near were these two ranks +esteemed to each other, and so much inferior to the nobility and +gentry. Besides possessing the advantages of birth, riches, civil +powers, and privileges, the nobles and gentlemen alone were armed; a +circumstance which gave them a mighty superiority, in an age when +nothing but the military profession was honourable, and when the loose +execution of laws gave so much encouragement to open violence, and +rendered it so decisive in all disputes and controversies [a]. +[FN [u] LIBER HOMO anciently signified a gentleman; for scarce any +one beside was entirely free. Spellm. Gloss. in verbo. [w] Du +Cange's Gloss in verb. COMMUNE, COMMUNITAS. [x] Guibertus, de vita +sua, lib. 2. cap. 7. [y] Stat. of Merton, 1235. cap. 6. [z] +Hollingshed, vol. iii. p. 15. [a] Madox's Baron. Angl. p. 19.] + +The great similarity among the feudal governments of Europe is well +known to every man that has any acquaintance with ancient history; and +the antiquaries of all foreign countries, where the question was never +embarrassed by party disputes, have allowed, that the Commons came +very late to be admitted to a share in the legislative power. In +Normandy particularly, whose constitution was most likely to be +William's model in raising his new fabric of English government, the +states were entirely composed of the clergy and nobility; and the +first incorporated boroughs or communities of that duchy were Rouen +and Falaise, which enjoyed their privileges by a grant of Philip +Augustus in the year 1207 [b]. All the ancient English historians, +when they mention the great council of the nation, call it an assembly +of the baronage, nobility, or great men; and none of their +expressions, though several hundred passages might be produced, can, +without the utmost violence, be tortured to a meaning, which will +admit the Commons to be constituent members of that body [c]. If in +the long period of two hundred years, which elapsed between the +Conquest and the latter end of Henry III., and which abounded in +factions, revolutions, and convulsions of all kinds, the House of +Commons never performed one single legislative act, so considerable as +to be once mentioned by any of the numerous historians of that age, +they must have been totally insignificant: and, in that case, what +reason can be assigned for their ever being assembled? Can it be +supposed that men of so little weight or importance possessed a +negative voice against the king and the barons? Every page of the +subsequent histories discovers their existence; though these histories +are not written with greater accuracy than the preceding ones, and +indeed scarcely equal them in that particular. The MAGNA CHARTA of +King John provides, that no scutage or aid should be imposed, either +on the land or towns, but by consent of the great council; and for +more security, it enumerates the persons entitled to a seat in that +assembly, the prelates and immediate tenants of the crown, without any +mention of the Commons: an authority so full, certain, and explicit, +that nothing but the zeal of party could ever have procured credit to +any contrary hypothesis. +[FN [b] Norman. Du Chesnii, p. 1066. Du Cange, Gloss, in verb. +COMMUNE. [c] Sometimes the historians mention the people, POPULUS, as +part of the Parliament; but they always mean the laity, in opposition +to the clergy. Sometimes the word COMMUNITAS is found; but it always +means COMMUNITAS BARONAGII. These points are clearly proved by Dr. +Brady. There is also mention sometimes made of a crowd or multitude +that thronged into the great council on particular interesting +occasions; but as deputies from boroughs are never once spoken of, the +proof that they had not then any existence becomes the more certain +and undeniable. These never could make a crowd, as they must have had +a regular place assigned them, if they had made a regular part of the +legislative body. There were only one hundred and thirty boroughs who +received writs of summons from Edward I. It is expressly said in +Gesta. Reg. Steph. p. 932, that it was usual for the populace, VULGUS, +to crowd into the great councils; where they were plainly mere +spectators, and could only gratify their curiosity.] + +It was probably the example of the French barons which first +emboldened the English to require greater independence from their +sovereign: it is also probable, that the boroughs and corporations of +England were established in imitation of those of France. It may, +therefore, be proposed as no unlikely conjecture, that both the chief +privileges of the Peers in England and the liberty of the Commons were +originally the growth of that foreign country. + +In ancient times, men were little solicitous to obtain a place in the +legislative assemblies; and rather regarded their attendance as a +burden, which was not compensated by any return of profit or honour +proportionate to the trouble and expense. The only reason for +instituting those public councils was, on the part of the subject, +that they desired some security from the attempts of arbitrary power; +and on the part of the sovereign, that he despaired of governing men +of such independent spirits without their own consent and concurrence. +But the Commons, or the inhabitants of boroughs, had not as yet +reached such a degree of consideration as to desire SECURITY against +their prince, or to imagine that, even if they were assembled in a +representative body, they had power or rank sufficient to enforce it. +The only protection which they aspired to, was against the immediate +violence and injustice of their fellow-citizens; and this advantage +each of them looked for, from the courts of justice, or from the +authority of some great lord, to whom, by law or his own choice, he +was attached. On the other hand, the sovereign was sufficiently +assured of obedience in the whole community, if he procured the +concurrence of the nobles; nor had he reason to apprehend, that any +order of the state could resist his and their united authority. The +military sub-vassals could entertain no idea of opposing both their +prince and their superiors: the burgesses and tradesmen could much +less aspire to such a thought: and thus, even if history were silent +on the head, we have reason to conclude, from the known situation of +society during those ages, that the Commons were never admitted as +members of the legislative body. + +The EXECUTIVE power of the Anglo-Norman government was lodged in the +king. Besides the stated meetings of the national council at the +three great festivals of Christmas, Easter, and Whitsuntide [d], he +was accustomed, on any sudden exigence, to summon them together. He +could at his pleasure command the attendance of his barons and their +vassals, in which consisted the military force of the kingdom; and +could employ them, during forty days, either in resisting a foreign +enemy, or reducing his rebellious subjects. And what was of great +importance, the whole JUDICIAL power was ultimately in his hands, and +was exercised by officers and ministers of his appointment. +[FN [d] Dugd. Orig. Jurid. p. 15. Spellm. Gloss. In verbo +PARLIAMENTUM.] + +[MN Judicial power.] +The general plan of the Anglo-Norman government was, that the court of +barony was appointed to decide such controversies as arose between +the several vassals or subjects of the same barony; the hundred court +and county court, which were still continued as during the Saxon times +[e], to judge between the subjects of different baronies [f]; and the +CURIA REGIS, or king's court, to give sentence among the barons +themselves [g]. But this plan, though simple, was attended with some +circumstances which, being derived from a very extensive authority +assumed by the Conqueror, contributed to increase the royal +prerogative: and, as long as the state was not disturbed by arms, +reduced every order of the community to some degree of dependence and +subordination. +[FN [e] Ang. Sacra, vol. i. p. 334, &c. Dugd. Orig. Jurid. p. 27, 29. +Madox, Hist. of Exch. p. 75, 76. Spellm. Gloss. in verbo HUNDRED. +[f] None of the feudal governments in Europe had such institutions as +the county courts, which the great authority of the Conqueror still +retained from the Saxon customs. All the freeholders of the county, +even the greatest barons, were obliged to attend the sheriffs in these +courts, and to assist them in the administration of justice. By these +means they received frequent and sensible admonitions of their +dependence on the king or supreme magistrate: they formed a kind of +community with their fellow barons and freeholders: they were often +drawn from their individual and independent state, peculiar to the +feudal system, and were made members of a political body: and, +perhaps, this institution of county courts in England has had greater +effects on the government than has yet been distinctly pointed out by +historians, or traced by antiquaries. The barons were never able to +free themselves from this attendance on the sheriffs and itinerant +justices till the reign of Henry III. [g] Brady, Pref. p. 143.] + +The king himself often sat in his court, which always attended his +person [h]: he there heard causes and pronounced judgment [i]; and +though he was assisted by the advice of the other members, it is not +to be imagined that a decision could easily be obtained contrary to +his inclination or opinion. In his absence the chief justiciary +presided, who was the first magistrate in the state, and a kind of +viceroy, on whom depended all the civil affairs of the kingdom [k] +The other chief officers of the crown, the constable, mareschal, +seneschal, chamberlain, treasurer, and chancellor [l], were members, +together with such feudal barons as thought proper to attend, and the +barons of the exchequer, who at first were also feudal barons, +appointed by the king [m]. This court, which was sometimes called the +king's court, sometimes the court of exchequer, judged in all causes, +civil and criminal, and comprehended the whole business which is now +shared out among four courts, the chancery, the king's-bench, the +common-pleas, and the exchequer [n]. +[FN [h] Madox, Hist. of Exch. p. 103. [i] Bracton, lib. 3. cap. 9. +Sec. 1. cap. 10. Sec. 1. [k] Spellm. Gloss. in verbo JUSTICIARII. +[l] Madox, Hist. Exch. p. 27, 29, 33, 38, 41, 54. The Normans +introduced the practice of sealing charters; and the chancellor's +office was to keep the great seal. Ingulph. Dugd. p. 33, 34. [m] +Madox, Hist. of the Exch. p. 134, 135. Gerv. Dorob. p. 1387. [n] +Madox, Hist. of the Exch. p. 56, 70.] + +Such an accumulation of powers was itself a great source of authority, +and rendered the jurisdiction of the court formidable to all the +subjects; but the turn which judicial trials took soon after the +Conquest served still more to increase its authority, and to augment +the royal prerogatives. William, among the other violent changes +which he attempted and effected, had introduced the Norman law into +England [o], had ordered all the pleadings to be in that tongue, and +had interwoven, with the English jurisprudence, all the maxims and +principles, which the Normans, more advanced in cultivation, and +naturally litigious, were accustomed to observe in the distribution of +justice. Law now became a science, which at first fell entirely into +the hands of the Normans; and which, even after it was communicated to +the English, required so much study and application, that the laity, +in those ignorant ages, were incapable of attaining it, and it was a +mystery almost solely confined to the clergy, and chiefly to the monks +[p]. The great officers of the crown, and the feudal barons, who were +military men, found themselves unfit to penetrate into those +obscurities; and though they were entitled to a seat in the supreme +judicature, the business of the court was wholly managed by the chief +justiciary and the law barons, who were men appointed by the king and +entirely at his disposal [q]. This natural course of things was +forwarded by the multiplicity of business which flowed into that +court, and which daily augmented by the appeals from all the +subordinate judicatures of the kingdom. +[FN [o] Dial. de Scac. p. 30. apud Madox, Hist. of the Exchequer. [p] +Malmes. lib. 4. p. 123. [q] Dugd. Orig. Jurid. p. 25.] + +In the Saxon times, no appeal was received in the king's court, except +upon the denial or delay of justice by the inferior courts; and the +same practice was still observed in most of the feudal kingdoms of +Europe. But the great power of the Conqueror established, at first, +in England, an authority, which the monarchs in France were not able +to attain till the reign of St. Lewis, who lived near two centuries +after: he empowered his court to receive appeals both from the courts +of barony and the county courts, and by that means brought the +administration of justice ultimately into the hands of the sovereign +[r]. And lest the expense or trouble of a journey to courts should +discourage suitors, and make them acquiesce in the decision of the +inferior judicatures, itinerant judges were afterwards established, +who made their circuits throughout the kingdom, and tried all causes +that were brought before them [s]. By this expedient the courts of +barony were kept in awe; and if they still preserved some influence, +it was only from the apprehensions which the vassals might entertain +of disobliging their superior, by appealing from his jurisdiction. +But the county courts were much discredited; and as the freeholders +were found ignorant of the intricate principles and forms of the new +law, the lawyers gradually brought all business before the king's +judges, and abandoned the ancient simple and popular judicature. +After this manner, the formalities of justice, which, though they +appear tedious and cumbersome, are found requisite to the support of +liberty in all monarchical governments, proved at first, by a +combination of causes, very advantageous to royal authority in +England. +[FN [r] Madox, Hist. of the Exch. p. 65. Glanv. lib. 12. cap. 1. 7. +LL. Hen. I. Sec. 31, apud Wilkins, p. 248. Fitz-Stephens, p. 36. +Coke's Comment. on the statute of Marlbridge, cap. 20. [s] Madox, +Hist. of the Exch. p. 83, 84, 100. Gerv. Dorob. p. 1410. What made +the Anglo-Norman barons more readily submit to appeals from their +court to the king's court of exchequer, was their being accustomed to +like appeals in Normandy to the ducal court of exchequer. See +Gilbert's History of the Exchequer, p. 1, 2; though the author thinks +it doubtful, whether the Norman court was not rather copied from the +English, p. 6.] + +[MN Revenue of the crown.] +The power of the Norman kings was also much supported by a great +revenue; and by a revenue that was fixed, perpetual, and independent +of the subject. The people, without betaking themselves to arms, had +no check upon the king, and no regular security for the due +administration of justice. In those days of violence, many instances +of oppression passed unheeded; and soon after were openly pleaded as +precedents, which it was unlawful to dispute or control. Princes and +ministers were too ignorant to be themselves sensible of the +advantages attending an equitable administration; and there was no +established council or assembly which could protect the people, and, +by withdrawing supplies, regularly and peaceably admonish the king of +his duty, and ensure the execution of the laws. + +The first branch of the king's stated revenue was the royal demesnes +or crown lands, which were very extensive, and comprehended, besides a +great number of manors, most of the chief cities of the kingdom. It +was established by law, that the king could alienate no part of his +demesne, and that he himself, or his successor, could at any time +resume such donations [t]: but this law was never regularly observed; +which happily rendered in time the crown somewhat more dependent. The +rent of the crown lands, considered merely as so much riches, was a +source of power: the influence of the king over his tenants and the +inhabitants of his towns increased this power: but the other numerous +branches of his revenue, besides supplying his treasury, gave, by +their very nature, a great latitude to arbitrary authority, and were a +support of the prerogative; as will appear from an enumeration of +them. +[FN [t] Fleta, lib. 1. cap. 8. Sec. 17. lib. 3. cap. 6. Sec. 3. +Bracton, lib. 2. cap. 5.] + +The king was never content with the stated rents, but levied heavy +talliages at pleasure on the inhabitants both of town and country, who +lived within his demesne. All bargains of sale, in order to prevent +theft, being prohibited, except in boroughs and public markets [u], he +pretended to exact tolls, on all goods which were there sold [w]. He +seized two hogsheads, one before and one behind the mast, from every +vessel that imported wine. All goods paid to his customs a +proportionable part of their value [x]: passage over bridges and on +rivers was loaded with tolls at pleasure [y]: and though the boroughs +by degrees bought the liberty of farming these impositions, yet the +revenue profited by these bargains: new sums were often exacted for +the renewal and confirmation of their charters [z] and the people were +thus held in perpetual dependence. +[FN [u] LL. Will. I. cap. 61. [w] Madox, p. 530. [x] Ibid. p. 529. +This author says a fifteenth. But it is not easy to reconcile this +account to other authorities. [y] Madox, p. 529. [z] Madox's Hist. +of the Exch. p. 275, 276, 277, &c.] + +Such was the situation of the inhabitants within the royal demesnes. +But the possessors of land, or the military tenants, though they were +better protected both by law, and by the great privilege of carrying +arms, were, from the nature of their tenures, much exposed to the +inroads of power, and possessed not what we should esteem, in our age, +a very durable security. The Conqueror ordained, that the barons +should be obliged to pay nothing beyond their stated services [a], +except a reasonable aid to ransom his person if he were taken in war, +to make his eldest son a knight, and to marry his eldest daughter. +What should, on these occasions, be deemed a reasonable aid, was not +determined; and the demands of the crown were so far discretionary. +[FN [a] LL. Will. Conq. Sec. 55.] + +The king could require in war the personal attendance of his vassals, +that is, of almost all the landed proprietors; and if they declined +the service, they were obliged to pay him a composition in money, +which was called a scutage. The sum was, during some reigns, +precarious and uncertain; it was sometimes levied without allowing the +vassal the liberty of personal service [b]; and it was an usual +artifice of the king, to pretend an expedition, that he might be +entitled to levy the scutage from his military tenants. Danegelt was +another species of land-tax levied by the early Norman kings, +arbitrarily, and contrary to the laws of the Conqueror [c]. Moneyage +was also a general land-tax of the same nature, levied by the two +first Norman kings, and abolished by the charter of Henry I. [d]. It +was a shilling paid every three years by each hearth, to induce the +king not to use his prerogative in debasing the coin. Indeed it +appears from that charter, that though the Conqueror had granted his +military tenants an immunity from all taxes and talliages, he and his +son William had never thought themselves bound to observe that rule, +but had levied impositions at pleasure on all the landed estates of +the kingdom. The utmost that Henry grants, is, that the land +cultivated by the military tenant himself shall not be so burdened; +but he reserves the power of taxing the farmers; and as it is known +that Henry's charter was never observed in any one article, we may be +assured that this prince and his successors retracted even this small +indulgence, and levied arbitrary impositions on all the lands of all +their subjects. These taxes were sometimes very heavy; since +Malmesbury tells us, that in the reign of William Rufus, the farmers, +on account of them, abandoned tillage, and a famine ensued [e]. +[FN [b] Gervase de Tilbury, p. 25. [c] Madox's Hist of the Exch. p. +475. [d] Matth. Paris, p. 38. [e] So also Chron. Abb. St. Petri de +Burgo, p. 55. Knyghton, p. 2366.] + +The escheats were a great branch both of power and of revenue, +especially during the first reigns after the Conquest. In default of +posterity from the first baron, his land reverted to the crown, and +continually augmented the king's possessions. The prince had indeed +by law a power of alienating these escheats; but by this means he had +an opportunity of establishing the fortunes of his friends and +servants, and thereby enlarging his authority. Sometimes he retained +them in his own hands; and they were gradually confounded with the +royal demesnes, and became difficult to be distinguished from them. +This confusion is probably the reason why the king acquired the right +of alienating his demesnes. + +But besides escheats from default of heirs, those which ensued from +crimes, or breach of duty towards the superior lord, were frequent in +ancient times. If the vassal, being thrice summoned to attend his +superior's court, and do fealty, neglected or refused obedience, he +forfeited all title to his land [f]. If he denied his tenure, or +refused his service, he was exposed to the same penalty [g]. If he +sold his estate without licence from his lord [h], or if he sold it +upon any other tenure or title than that by which he himself held it +[i], he lost all right to it. The adhering to his lord's enemies [k], +deserting him in war [l], betraying his secrets [m], debauching his +wife, or his near relations [n], or even using indecent freedoms with +them [o], might be punished by forfeiture. The higher crimes, rapes, +robbery, murder, arson, &c., were called felony; and being interpreted +want of fidelity to his lord, made him lose his fief [p]. Even where +the felon was vassal to a baron, though his immediate lord enjoyed the +forfeiture, the king might retain possession of his estate during a +twelvemonth, and had the right of spoiling and destroying it, unless +the baron paid him a reasonable composition [q]. We have not here +enumerated all the species of felonies, or of crimes by which +forfeiture was incurred: we have said enough to prove, that the +possession of feudal property was anciently somewhat precarious, and +that the primary idea was never lost, of its being a kind of FEE or +BENEFICE. +[FN [f] Hottom. de Feud. Disp. cap. 38. col. 886. [g] Lib. Feud. lib. +3. tit. 1; lib. 4. tit. 21, 39. [h] Id. lib. 1. tit. 21. [i] Id. +lib. 4. tit. 44. [k] Id. lib. 3. tit. 1. [l] Id. lib. 4. tit. 14, +21. [m] Id. lib. 4. tit. 14. [n] Id. lib. 1. tit. 14, 23. [o] Id. +lib. 1. tit. 1. [p] Spellm. Gloss. in verb. FELONIA. [q] Ibid. +Glanville, lib. 7 cap. 17.] + +When a baron died, the king immediately took possession of the estate; +and the heir, before he recovered his right, was obliged to make +application to the crown, and desire that he might be admitted to do +homage for his land, and pay a composition to the king. This +composition was not at first fixed by law, at least by practice: the +king was often exorbitant in his demands, and kept possession of the +land till they were complied with. + +If the heir were a minor, the king retained the whole profit of the +estate till his majority; and might grant what sum he thought proper +for the education and maintenance of the young baron. This practice +was also founded on the notion, that a fief was a benefice, and that +while the heir could not perform his military services, the revenue +devolved to the superior, who employed another in his stead. It is +obvious, that a great proportion of the landed property must, by means +of this device, be continually in the hands of the prince, and that +all the noble families were thereby held in perpetual dependence. +When the king granted the wardship of a rich heir to any one, he had +the opportunity of enriching a favourite or minister: if he sold it, +he thereby levied a considerable sum of money. Simon de Mountfort +paid Henry III. ten thousand marks, an immense sum in those days, for +the wardship of Gilbert de Umfreville [r]. Geoffrey de Mandeville +paid to the same prince the sum of twenty thousand marks, that he +might marry Isabel, Countess of Gloucester, and possess all her lands +and knights' fees. This sum would be equivalent to three hundred +thousand, perhaps four hundred thousand pounds in our time [s]. +[FN [r] Madox's Hist. of the Exch. p. 223. [s] Madox's Hist. of the +Exch. p. 322.] + +If the heir were a female, the king was entitled to offer her any +husband of her rank he thought proper; and if she refused him, she +forfeited her land. Even a male heir could not marry without the +royal consent; and it was usual for men to pay large sums for the +liberty of making their own choice in marriage [t]. No man could +dispose of his land, either by sale or will, without the consent of +his superior. The possessor was never considered as full proprietor: +he was still a kind of beneficiary; and could not oblige his superior +to accept of any vassal that was not agreeable to him. +[FN [t] Ibid. p. 320.] + +Fines, amerciaments, and oblatas, as they were called, were another +considerable branch of the royal power and revenue. The ancient +records of the exchequer, which are still preserved, give surprising +accounts of the numerous fines and amerciaments levied in those days +[u] and of the strange inventions fallen upon to exact money from the +subject. It appears that the ancient kings of England put themselves +entirely on the footing of the barbarous eastern princes, whom no man +must approach without a present, who sell all their good offices, and +who intrude themselves into every business that they may have a +pretence for extorting money. Even justice was avowedly bought and +sold; the king's court itself, though the supreme judicature of the +kingdom, was open to none that brought not presents to the king; the +bribes given for the expedition, delay [w], suspension, and, doubtless +for the perversion of justice, were entered in the public registers of +the royal revenue, and remain as monuments of the perpetual iniquity +and tyranny of the times. The barons of the exchequer, for instance, +the first nobility of the kingdom, were not ashamed to insert, as an +article in their records, that the county of Norfolk paid a sum that +they might be fairly dealt with [x]; the borough of Yarmouth, that the +king's charters, which they have for their liberties, might not be +violated [y]; Richard, son of Gilbert, for the king's helping him to +recover his debt from the Jews [z]; Serlo, son of Terlavaston, that he +might be permitted to make his defence in case he were accused of a +certain homicide [a]; Walter de Burton, for free law, if accused of +wounding another [b]; Robert de Essart, for having an inquest to find +whether Roger the Butcher, and Wace and Humphrey, accused him of +robbery and theft out of envy and ill-will or not [c]; William +Buhurst, for having an inquest to find whether he were accused of the +death of one Godwin out of ill-will, or for just cause [d]. I have +selected these few instances from a great number of a like kind, which +Madox had selected from a still greater number, preserved in the +ancient rolls of the exchequer [e]. +[FN [u] Id. p. 272. [w] Id. p. 274, 309. [x] Id. p. 295. [y] Id. +ibid. [z] Madox's Hist. of the Exch. p. 296. He paid two hundred +marks, great sum in those days. [a] Id. p. 296. [b] Id. ibid. [c] +Id. p. 298. [d] Id. p. 302. [e] Id. chap. 12.] + +Sometimes the party litigant offered the king a certain portion, a +half, a third, a fourth, payable out of the debts, which he, as the +executor of justice, should assist him in recovering [f]. Theophania +de Westland agreed to pay the half of two hundred and twelve marks, +that she might recover that sum against James de Fughleston [g]; +Solomon, the Jew, engaged to pay one mark out of every seven that he +should recover against Hugh de la Hose [h]; Nicholas Morrel promised +to pay sixty pounds, that the Earl of Flanders might be distrained to +pay him three hundred and forty-three pounds, which the earl had taken +from him; and these sixty pounds were to be paid out of the first +money that Nicholas should recover from the earl [i]. +[FN [f] Id. p. 311. [g] Id. ibid. [h] Id. p. 79, 312. [i] Id. p. +312.] + +As the king assumed the entire power over trade, he was to be paid for +a permission to exercise commerce or industry of any kind [k]. Hugh +Oisel paid four hundred marks for liberty to trade in England [l]; +Nigel de Havene gave fifty marks for the partnership in merchandize +which he had with Gervase de Hanton [m]; the men of Worcester paid one +hundred shillings, that they might have the liberty of selling and +buying dyed cloth as formerly [n]; several other towns paid for a like +liberty [o]. The commerce indeed of the kingdom was so much under +the control of the king, that he erected guilds, corporations, and +monopolies, wherever he pleased; and levied sums for these exclusive +privileges [p]. +[FN [k] Id. p. 323. [l] Id. ibid. [m] Id. ibid. [n] Id. p. 324. +[o] Id. ibid. [p] Madox's Hist. of the Exch. p. 232, 233, &c.] + +There were no profits so small as to be below the king's attention. +Henry, son of Arthur, gave ten dogs to have a recognition against the +Countess of Copland for one knight's fee [q]. Roger, son of Nicholas, +gave twenty lampreys and twenty shads for an inquest to find, whether +Gilbert, son of Alured, gave to Roger two hundred muttons to obtain +his confirmation for certain lands, or whether Roger took them from +him by violence [r]; Geoffrey Fitz-Pierre, the chief justiciary, gave +two good Norway hawks, that Walter le Madine might have leave to +export a hundred weight of cheese out of the king's dominions [s]. +[FN [q] Id. p. 298. [r] Id. p. 305. [s] Id. p. 325.] + +It is really amusing to remark the strange business in which the king +sometimes interfered, and never without a present. The wife of Hugh +de Neville gave the king two hundred hens, that she might lie with her +husband one night [t]; and she brought with her two sureties, who +answered each for a hundred hens. It is probable that her husband was +a prisoner, which debarred her from having access to him. The Abbot +of Rucford paid ten marks for leave to erect houses and place men upon +his land near Welhang, in order to secure his wood there from being +stolen [u]. Hugh, Archdeacon of Wells, gave one tun of wine for leave +to carry six hundred sums of corn whither he would [w]; Peter de +Peraris gave twenty marks for leave to salt fishes, as Peter Chevalier +used to do [x]. +[FN [t] Id. p. 320. [u] Id. p. 326. [w] Id. p. 320. [x] Id. p. +326.] + +It was usual to pay high fines, in order to gain the king's good-will, +or mitigate his anger. In the reign of Henry II., Gilbert, the son of +Fergus, fines in nine hundred and nineteen pounds, nine shillings, to +obtain that prince's favour; William de Chataignes, a thousand marks, +that he would remit his displeasure. In the reign of Henry III., the +city of London fines in no less a sum than twenty thousand pounds on +the same account [y]. +[FN [y] Id. p. 327, 329.] + +The king's protection and good offices of every kind were bought and +sold. Robert Grislet paid twenty marks of silver, that the king would +help him against the Earl of Mortaigne, in a certain plea [z]: Robert +de Cundet gave thirty marks of silver, that the king would bring him +to an accord with the Bishop of Lincoln [a]: Ralph de Breckham gave a +hawk, that the king would protect him [b]; and this is a very frequent +reason for payments: John, son of Ordgar, gave a Norway hawk, to have +the king's request to the king of Norway to let him have his brother +Godard's chattels [c]: Richard de Neville gave twenty palfreys to +obtain the king's request to Isolda Bisset, that she should take him +for a husband [d]: Roger Fitz-Walter gave three good palfreys to have +the king's letter to Roger Bertram's mother, that she should marry him +[e]: Eling, the dean, paid one hundred marks, that his whore and his +children might be let out upon bail [f]: the Bishop of Winchester gave +one tun of good wine for his not putting the king in mind to give a +girdle to the Countess of Albemarle [g]: Robert de Veaux gave five of +the best palfreys, that the king would hold his tongue about Henry +Pinel's wife [h]. There are in the records of exchequer, many other +singular instances of a like nature [i]. It will, however, be just to +remark, that the same ridiculous practices and dangerous abuses +prevailed in Normandy, and probably in all the other states of Europe +[k]: England was not, in this respect, more barbarous than its +neighbours. +[FN [z] Madox's Hist. of the Exch. p. 329. [a] Id. p. 330. [b] Id. +p. 332. [c] Id. ibid. [d] Id. p. 333. [e] Id. ibid. [f] Id. p. +342. PRO HABENDA AMICA SUA ET FILIIS, &c. [g] Id. p. 352. [h] Id. +ibid. UT REX TACERET DE UXORE HENRICI PINEL. [i] WE SHALL GRATIFY +THE READER'S CURIOSITY BY SUBJOINING A FEW MORE INSTANCES FROM MADOX, +p. 332. Hugh Oisel was to give the king two robes of a good green +colour, to have the king's letters patent to the merchants of +Flanders, with a request to render him one thousand marks, which he +lost in Flanders. The Abbot of Hyde paid thirty marks, to have the +king's letters of request to the Archbishop of Canterbury, to remove +certain monks that were against the abbot. Roger de Trihanton paid +twenty marks and a palfrey, to have the king's request to Richard de +Umfreville to give him his sister to wife, and to the sister, that she +would accept him for a husband. William de Cheveringworth paid five +marks, to have the king's letter to the Abbot of Perfore, to let him +enjoy peaceably his tithes as formerly. Matthew de Hereford, clerk, +paid ten marks for a letter of request to the Bishop of Llandaff, to +let him enjoy peaceably his church of Schenfrith. Andrew Neulun gave +three Flemish caps for the king's request to the Prior of Chikesand, +for performance of an agreement made between them. Henry de Fontibus +gave a Lombardy horse of value, to have the king's request to Henry +Fitz-Hervey, that he would grant him his daughter to wife. Roger, son +of Nicholas, promised all the lampreys he could get, to have the +king's request to Earl William Marshall, that he would grant him the +manor of Langeford at Firm. The burgesses of Gloucester promised +three hundred lampreys, that they might not be distrained to find the +prisoners of Poictou with necessaries, unless they pleased. Id. p. +352. Jordan, son of Reginald, paid twenty marks, to have the king's +request to William Paniel, that he would grant him the land of Mill +Nieresult, and the custody of his heirs: and if Jordan obtained the +same, he was pay the twenty marks, otherwise not. Id. p. 333. [k] +Madox's Hist. of the Exch. p. 359.] + +These iniquitous practices of the Norman kings were so well known, +that on the death of Hugh Bigod, in the reign of Henry II., the best +and most just of these princes, the eldest son and the widow of this +nobleman came to court, and strove, by offering large presents to the +king, each of them to acquire possession of that rich inheritance. +The king was so equitable as to order the cause to be tried by the +great council! But, in the mean time, he seized all the money and +treasure of the deceased [l]. Peter of Blois, a judicious, and even +an elegant writer for that age, gives a pathetic description of the +venality of justice, and the oppressions of the poor, under the reign +of Henry; and he scruples not to complain to the king himself of these +abuses [m]. We may judge what the case would be under the government +of worst princes. The articles of inquiry concerning the conduct of +sheriffs, which Henry promulgated in 1170, show the great power, as +well as the licentiousness of these officers [n]. +[FN [l] Bened. Abb. p. 180, 181. [m] Petri Bles. Epist. 95. apud +Bibl. Patrum, tom. p. xxiv. 2014. [n] Hoveden, Chron. Gerv. p. 1410.] + +Amerciaments, or fines for crimes and trespasses, were another +considerable branch of the royal revenue [o]. Most crimes were atoned +for by money; the fines imposed were not limited by any rule or +statute; and frequently occasioned the total ruin of the person, even +for the slightest trespasses. The forest-laws, particularly, were a +great source of oppression. The king possessed sixty-eight forests, +thirteen chases, and seven hundred and eighty-one parks, in different +parts of England [p]; and considering the extreme passion of the +English and Normans for hunting, these were so many snares laid for +the people, by which they were allured into trespasses, and brought +within the reach of arbitrary and rigorous laws, which the king had +thought proper to enact by his own authority. +[FN [o] Madox, chap. 14. [p] Spellm. Gloss. in verbo FORESTA.] + +But the most barefaced acts of tyranny and oppression were practised +against the Jews, who were entirely out of the protection of law, were +extremely odious from the bigotry of the people, and were abandoned to +the immeasurable rapacity of the king and his ministers. Besides many +other indignities to which they were continually exposed, it appears +that they were once all thrown into prison, and the sum of sixty-six +thousand marks exacted for their liberty [q]: at another time, Isaac +the Jew paid alone five thousand one hundred marks [r]; Brun, three +thousand marks [s]; Jurnet, two thousand; Bennet, five hundred: at +another, Licorica, widow of David, the Jew of Oxford, was required to +pay six thousand marks; and she was delivered over to six of the +richest and discreetest Jews in England, who were to answer for the +sum [t]. Henry III. borrowed five thousand marks from the Earl of +Cornwall; and for his repayment, consigned over to him all the Jews in +England [u]. The revenue arising from exactions upon this nation was +so considerable, that there was a particular court of exchequer set +apart for managing it [w]. +[FN [q] Madox's Hist. of the Exch. p. 151. This happened in the reign +of King John. [r] Id. p. 151. [s] Id. p. 153. [t] Id. p. 168. [u] +Id. p. 156. [w] Id. chap. 7.] + +[MN Commerce.] +We may judge concerning the low state of commerce among the English, +when the Jews, notwithstanding these oppressions, could still find +their account in trading among them, and lending them money. And as +the improvements of agriculture were also much checked by the immense +possessions of the nobility, by the disorders of the times, and by the +precarious state of feudal property, it appears that industry of no +kind could then have place in the kingdom [x]. +[FN [x] We learn from the extracts given us of Doomsday by Brady, in +his Treatise of Boroughs, that almost all the boroughs of England had +suffered in the shock of the Conquest, and had extremely decayed +between the death of the Confessor, and the time when Doomsday was +framed.] + +It is asserted by Sir Henry Spellman [y], as an undoubted truth, that, +during the reigns of the first Norman princes, every edict of the +king, issued with the consent of his privy council, had the full force +of law. But the barons, surely, were not so passive as to intrust a +power, entirely arbitrary and despotic, into the hands of the +sovereign. It only appears, that the constitution had not fixed any +precise boundaries to the royal power; that the right of issuing +proclamations on any emergence, and of exacting obedience to them, a +right which was always supposed inherent in the crown, is very +difficult to be distinguished from a legislative authority; that the +extreme imperfection of the ancient laws, and the sudden exigencies +which often occurred in such turbulent governments, obliged the prince +to exert frequently the latent powers of his prerogative; that he +naturally proceeded, from the acquiescence of the people, to assume, +in many particulars of moment, an authority from which he had excluded +himself by express statutes, charters, or concessions, and which was, +in the main, repugnant to the general genius of the constitution; and +that the lives, the personal liberty, and the properties of all his +subjects, were less secured by law against the exertion of his +arbitrary authority, than by the independent power and private +connexions of each individual. It appears from the great charter +itself, that not only John, a tyrannical prince, and Richard, a +violent one, but their father, Henry, under whose reign the prevalence +of gross abuses is the least to be suspected, were accustomed, from +their sole authority, without process of law, to imprison, banish, and +attaint the freemen of their kingdom. +[FN [y] Gloss. in verb. JUDICIUM DEI. The author of the MIROIR DES +JUSTICES complains, that ordinances are only made by the king and his +clerks, and by aliens and others, who dare not contradict the king, +but study to please him. Whence, he concludes, laws are oftener +dictated by will, than founded on right.] + +A great baron, in ancient times, considered himself as a kind of +sovereign within his territory; and was attended by courtiers and +dependents more zealously attached to him than the ministers of state +and the great officers were commonly to THEIR sovereign. He often +maintained in his court the parade of royalty, by establishing a +justiciary, constable, mareschal, chamberlain, seneschal, and +chancellor, and assigning to each of these officers a separate +province and command. He was usually very assiduous in exercising his +jurisdiction; and took such delight in that image of sovereignty, that +it was found necessary to restrain his activity, and prohibit him by +law from holding courts too frequently [z]. It is not to be doubted, +but the example, set him by the prince of a mercenary and sordid +extortion, would be faithfully copied, and that all his good and bad +offices, his justice and injustice, were equally put to sale. He had +the power, with the king's consent, to exact talliages even from the +free citizens who lived within his barony; and as his necessities made +him rapacious, his authority was usually found to be more oppressive +and tyrannical than that of the sovereign [a]. He was ever engaged in +hereditary or personal animosities or confederacies with his +neighbours, and often gave protection to all desperate adventurers and +criminals, who could be useful in serving his violent purposes. He +was able alone, in times of tranquillity, to obstruct the execution of +justice within his territories; and by combining with a few +malecontent barons of high rank and power, he could throw the state +into convulsions. And, on the whole, though the royal authority was +confined within bounds, and often within very narrow ones, yet the +check was irregular, and frequently the source of great disorders; nor +was it derived from the liberty of the people, but from the military +power of many petty tyrants, who were equally dangerous to the prince +and oppressive to the subject. +[FN [z] Dugd. Jurid. Orig. p. 26. [a] Madox, Hist. of the Exch. p. +520.] + +[MN The Church.] +The power of the church was another rampart against royal authority; +but this defence was also the cause of many mischiefs and +inconveniences. The dignified clergy, perhaps, were not so prone to +immediate violence as the barons; but as they pretended to a total +independence on the state, and could always cover themselves with the +appearances of religion, they proved, in one respect, an obstruction +to the settlement of the kingdom, and to the regular execution of the +laws. The policy of the Conqueror was in this particular liable to +some exception. He augmented the superstitious veneration for Rome, +to which that age was so much inclined; and he broke those bands of +connexion, which, in the Saxon times, had preserved an union between +the lay and the clerical orders. He prohibited the bishops from +sitting in the county courts; he allowed ecclesiastical causes to be +tried in spiritual courts only [b]; and he so much exalted the power +of the clergy, that of sixty thousand two hundred and fifteen knights' +fees, into which he divided England, he placed no less than twenty- +eight thousand and fifteen under the church [c]. +[FN [b] Char. Will. apud Wilkins, p. 230. Spellm. Conc. vol. ii. p. +14. [c] Spellm. Gloss. in verb. MANUS MORTUA. We are not to imagine, +as some have done, that the church possessed lands in this proportion, +but only that they and their vassals enjoyed such a proportionable +part of the landed property.] + +[MN Civil laws.] +The right of primogeniture was introduced with the feudal law: an +institution which is hurtful, by producing and maintaining an unequal +division of private property; but is advantageous, in another respect, +by accustoming the people to a preference in favour of the eldest son, +and thereby preventing a partition or disputed succession in the +monarchy. The Normans introduced the use of surnames, which tend to +preserve the knowledge of families and pedigrees. They abolished none +of the old absurd methods of trial by the cross or ordeal; and they +added a new absurdity, the trial by single combat [d], which became a +regular part of jurisprudence, and was conducted with all the order, +method, devotion, and solemnity imaginable [e]. The ideas of chivalry +also seem to have been imported by the Normans: no traces of those +fantastic notions are to be found among the plain and rustic Saxons. +[FN [d] LL. Will. cap. 68. [e] Spellm. Gloss. in verb. CAMPUS. The +last instance of these duels was in the 15th of Eliz. So long did +that absurdity remain.] + +[MN Manners.] +The feudal institutions, by raising the military tenants to a kind of +sovereign dignity, by rendering personal strength and valour +requisite, and by making every knight and baron his own protector and +avenger, begat that martial pride and sense of honour, which, being +cultivated and embellished by the poets and romance-writers of the +age, ended in chivalry. The virtuous knight fought not only in his +own quarrel, but in that of the innocent, of the helpless, and, above +all, of the fair, whom he supposed to be for ever under the +guardianship of his valiant arm. The uncourteous knight who, from his +castle, exercised robbery on travellers, and committed violence on +virgins, was the object of his perpetual indignation; and he put him +to death, without scruple, or trial, or appeal, whenever he met with +him. The great independence of men made personal honour and fidelity +the chief tie among them; and rendered it the capital virtue of every +true knight, or genuine professor of chivalry. The solemnities of +single combat, as established by law, banished the notion of every +thing unfair or unequal in rencounters; and maintained an appearance +of courtesy between the combatants till the moment of their +engagement. The credulity of the age grafted on this stock the notion +of giants, enchanters, dragons, spells [f], and a thousand wonders, +which still multiplied during the time of the crusades; when men, +returning from so great a distance, used the liberty of imposing every +fiction on their believing audience. These ideas of chivalry infected +the writings, conversation, and behaviour of men, during some ages; +and even after they were, in a great measure, banished by the revival +of learning, they left modern GALLANTRY and the POINT OF HONOUR, which +still maintain their influence, and are the genuine offspring of those +ancient affectations. +[FN [f] In all legal single combats, it was part of the champion's +oath, that he carried not about him any herb, spell, or enchantment, +by which he might procure victory. Dugd. Orig. Jurid. p. 82.] + +The concession of the great charter, or rather its full establishment, +(for there was a considerable interval of time between the one and the +other,) gave rise, by degrees, to a new species of government, and +introduced some order and justice into the administration. The +ensuing scenes of our history are therefore somewhat different from +the preceding. Yet the great charter contained no establishment of +new courts, magistrates, or senates, nor abolition of the old. It +introduced no new distribution of the powers of the commonwealth, and +no innovation in the political or public law of the kingdom. It only +guarded, and that merely by verbal clauses, against such tyrannical +practices as are incompatible with civilized government, and, if they +become very frequent, are incompatible with all government. The +barbarous license of the kings, and perhaps of the nobles, was +thenceforth somewhat more restrained: men acquired some more security +for their properties and their liberties: and government approached a +little nearer to that end for which it was originally instituted, the +distribution of justice, and the equal protection of the citizens. +Acts of violence and iniquity in the crown, which before were only +deemed injurious to individuals, and were hazardous chiefly in +proportion to the number, power, and dignity of the persons affected +by them, were now regarded, in some degree, as public injuries, and as +infringements of a charter calculated for general security. And thus +the establishment of the great charter, without seeming anywise to +innovate in the distribution of political power, became a kind of +epoch in the constitution. + + + + +CHAPTER XII. + +HENRY III. + +SETTLEMENT OF THE GOVERNMENT.--GENERAL PACIFICATION.--DEATH OF THE +PROTECTOR.--SOME COMMOTIONS.--HUBERT DE BURGH DISPLACED.--THE BISHOP +OF WINCHESTER MINISTER.--KING'S PARTIALITY TO FOREIGNERS.-- +GRIEVANCES.--ECCLESIASTICAL GRIEVANCES.--EARL OF CORNWALL ELECTED KING +OF THE ROMANS.--DISCONTENT OF THE BARONS.--SIMON DE MOUNTFORT, EARL OF +LEICESTER.--PROVISIONS OF OXFORD.--USURPATION OF THE BARONS.--PRINCE +EDWARD.--CIVIL WARS OF THE BARONS.--REFERENCE TO THE KING OF FRANCE.-- +RENEWAL OF THE CIVIL WARS.--BATTLE OF LEWES.--HOUSE OF COMMONS.-- +BATTLE OF EVESHAM AND DEATH OF LEICESTER.--SETTLEMENT OF THE +GOVERNMENT.--DEATH--AND CHARACTER OF THE KING.--MISCELLANEOUS +TRANSACTIONS OF THIS REIGN. + + + +[MN 1216.] Most sciences, in proportion as they increase and improve, +invent methods by which they facilitate their reasonings; and, +employing general theorems, are enabled to comprehend, in a few +propositions, a great number of inferences and conclusions. History +also, being a collection of facts which are multiplying without end, +is obliged to adopt such arts of abridgment, to retain the more +material events, and to drop all the minute circumstances, which are +only interesting during the time, or to the persons engaged in the +transactions. This truth is no where more evident than with regard to +the reign upon which we are going to enter. What mortal could have +the patience to write or read a long detail of such frivolous events +as those with which it is filled, or attend to a tedious narrative +which would follow, through a series of fifty-six years, the caprices +and weaknesses of so mean a prince as Henry? The chief reason why +Protestant writers have been so anxious to spread out the incidents of +this reign is, in order to expose the rapacity, ambition, and +artifices of the court of Rome; and to prove that the great +dignitaries of the Catholic church, while they pretended to have +nothing in view but the salvation of souls, had bent all their +attention to the acquisition of riches, and were restrained by no +sense of justice or of honour in the pursuit of that great object [a]. +But this conclusion would readily be allowed them, though it were not +illustrated by such a detail of uninteresting incidents; and follows, +indeed, by an evident necessity, from the very situation in which that +church was placed with regard to the rest of Europe. For, besides +that ecclesiastical power, as it can always cover its operations under +a cloak of sanctity, and attacks men on the side where they dare not +employ their reason, lies less under control than civil government; +besides this general cause, I say, the pope and his courtiers were +foreigners to most of the churches which they governed; they could not +possibly have any other object than to pillage the provinces for +present gain; and as they lived at a distance, they would be little +awed by shame or remorse, in employing every lucrative expedient which +was suggested to them. England being one of the most remote provinces +attached to the Romish hierarchy, as well as the most prone to +superstition, felt severely during this reign, while its patience was +not yet fully exhausted, the influence of these causes; and we shall +often have occasion to touch cursorily upon such incidents. But we +shall not attempt to comprehend every transaction transmitted to us; +and, till the end of the reign, when the events become more memorable, +we shall not always observe an exact chronological order in our +narration. +[FN [a] M. Paris, p. 623.] + +[MN Settlement of the government.] +The Earl of Pembroke, who, at the time of John's death, was Mareschal +of England, was, by his office, at the head of the armies, and +consequently, during a state of civil wars and convulsions, at the +head of the government; and it happened fortunately for the young +monarch and for the nation, that the power could not have been +intrusted into more able and more faithful hands. This nobleman, who +had maintained his loyalty unshaken to John, during the lowest fortune +of that monarch, determined to support the authority of the infant +prince; nor was he dismayed at the number and violence of his enemies. +Sensible that Henry, agreeably to the prejudices of the times, would +not be deemed a sovereign till crowned and anointed by a churchman, he +immediately carried the young prince to Gloucester, [MN 1216. 28th +Oct.] where the ceremony of coronation was performed, in the presence +of Gualo, the legate, and of a few noblemen, by the Bishops of +Winchester and Bath [b]. As the concurrence of the papal authority +was requisite to support the tottering throne, Henry was obliged to +swear fealty to the pope, and renew that homage to which his father +had already subjected the kingdom [c]; and in order to enlarge the +authority of Pembroke, and to give him a more regular and legal title +to it, a general council of the barons was soon after summoned at +Bristol, [MN 11th Nov.] where that nobleman was chosen protector of +the realm. +[FN [b] M. Paris, p. 200. Hist. Croyl. cont. p. 474. W. Heming. p. +562 Trivet, p. 168. [c] M. Paris, p. 200.] + +Pembroke, that he might reconcile all men to the government of his +pupil, made him grant a new charter of liberties, which, though mostly +copied from the former concessions extorted from John, contains some +alterations which may be deemed remarkable [d]. The full privilege of +elections in the clergy, granted by the late king, was not confirmed, +nor the liberty of going out of the kingdom, without the royal +consent: whence we may conclude, that Pembroke and the barons, jealous +of the ecclesiastical power, both were desirous of renewing the king's +claim to issue a conge d'elire to the monks and chapters, and thought +it requisite to put some check to the frequent appeals to Rome. But +what may chiefly surprise us, is, that the obligation to which John +had subjected himself, of obtaining the consent of the great council +before he levied any aids or scutages upon the nation, was omitted; +and this article was even declared hard and severe, and was expressly +left to future deliberation. But we must consider, that, though this +limitation may perhaps appear to us the most momentous in the whole +charter of John, it was not regarded in that light by the ancient +barons, who were more jealous in guarding against particular acts of +violence in the crown, than against such general impositions, which, +unless they were evidently reasonable and necessary, could scarcely, +without general consent, be levied upon men who had arms in their +hands, and who could repel any act of oppression by which they were +all immediately affected. We accordingly find, that Henry, in the +course of his reign, while he gave frequent occasions for complaint, +with regard to his violations of the great charter, never attempted, +by his mere will, to levy any aids or scutages; though he was often +reduced to great necessities, and was refused supply by his people. +So much easier was it for him to transgress the law, when individuals +alone were affected, than even to exert his acknowledged prerogatives, +where the interest of the whole body was concerned. +[FN [d] Rymer, vol. i. p. 215.] + +This charter was again confirmed by the king in the ensuing year, with +the addition of some articles, to prevent the oppressions by sheriffs; +and also with an additional charter of forests, a circumstance of +great moment in those ages, when hunting was so much the occupation of +the nobility, and when the king comprehended so considerable a part of +the kingdom within his forests, which he governed by peculiar and +arbitrary laws. All the forests which had been enclosed since the +reign of Henry II. were disafforested; and new perambulations were +appointed for that purpose: offences in the forests were declared to +be no longer capital; but punishable by fine, imprisonment, and more +gentle penalties: and all the proprietors of land recovered the power +of cutting and using their own wood at their pleasure. + +Thus these famous charters were brought nearly to the shape in which +they have ever since stood; and they were, during many generations, +the peculiar favourites of the English nation, and esteemed the most +sacred rampart to national liberty and independence. As they secured +the rights of all orders of men, they were anxiously defended by all, +and became the basis, in a manner, of the English monarchy, and a kind +of original contract, which both limited the authority of the king, +and ensured the conditional allegiance of his subjects. Though often +violated, they were still claimed by the nobility and people; and as +no precedents were supposed valid that infringed them, they rather +acquired than lost authority, from the frequent attempts made against +them, in several ages, by regal and arbitrary power. + +While Pembroke, by renewing and confirming the great charter, gave so +much satisfaction and security to the nation in general, he also +applied himself successfully to individuals. He wrote letters, in the +king's name, to all the malecontent barons; in which he represented to +them, that, whatever jealousy and animosity they might have +entertained against the late king, a young prince, the lineal heir of +their ancient monarchs, had now succeeded to the throne, without +succeeding either to the resentments or principles of his predecessor: +that the desperate expedient, which they had employed of calling in a +foreign potentate, had, happily for them, as well as for the nation, +failed of entire success; and it was still in their power, by a speedy +return to their duty, to restore the independence of the kingdom, and +to secure that liberty for which they so zealously contended: that as +all past offences of the barons were now buried in oblivion, they +ought, on their part, to forget their complaints against their late +sovereign, who, if he had been anywise blameable in his conduct, had +left to his son the salutary warning, to avoid the paths which had led +to such fatal extremities; and that, having now obtained a charter for +their liberties, it was their interest to show, by their conduct, that +this acquisition was not incompatible with their allegiance, and that +the rights of king and people, so far from being hostile and opposite, +might mutually support and sustain each other [e]. +[FN [e] Rymer, vol i. p. 25. Brady's App. No. 143.] + +These considerations, enforced by the character of honour and +constancy which Pembroke had ever maintained, had a mighty influence +on the barons; and most of them began secretly to negotiate with him, +and many of them openly returned to their duty. The diffidence which +Lewis discovered of their fidelity forwarded this general propension +towards the king; and when the French prince refused the government of +the castle of Hertford to Robert Fitz-Walter, who had been so active +against the late king, and who claimed that fortress as his property, +they plainly saw that the English were excluded from every trust, and +that foreigners had engrossed all the confidence and affection of +their new sovereign [f]. The excommunication, too, denounced by the +legate against all the adherents of Lewis, failed not, in the turn +which men's dispositions had taken, to produce a mighty effect upon +them; and they were easily persuaded to consider a cause as impious, +for which they had already entertained an unsurmountable aversion [g]. +Though Lewis made a journey to France, and brought over succours from +that kingdom [h], he found, on his return, that his party was still +more weakened by the desertion of his English confederates, and that +the death of John had, contrary to his expectations, given an +incurable wound to his cause. The Earls of Salisbury, Arundel, and +Warrenne, together with William Mareschal, eldest son of the +protector, had embraced Henry's party, and every English nobleman was +plainly watching for an opportunity of returning to his allegiance. +Pembroke was so much strengthened by these accessions that he ventured +to invest Mountsorel; though, upon the approach of the Count de Perche +with the French army, he desisted from his enterprise, and raised the +siege [i]. The count, elated with this success, marched to Lincoln; +and being admitted into the town, he began to attack the castle, which +he soon reduced to extremity. The protector summoned all his forces +from every quarter, in order to relieve a place of such importance; +and he appeared so much superior to the French, that they shut +themselves up within the city, and resolved to act upon the defensive +[k]. But the garrison of the castle having received a strong +reinforcement, made a vigorous sally upon the besiegers; while the +English army, by concert, assaulted them in the same instant from +without, mounted the walls by scalade, and bearing down all +resistance, entered the city sword in hand. Lincoln was delivered +over to be pillaged; the French army was totally routed; the Count de +Perche, with only two persons more, was killed; but many of the chief +commanders, and about four hundred knights, were made prisoners by the +English [l]. So little blood was shed in this important action, which +decided the fate of one of the most powerful kingdoms in Europe; and +such wretched soldiers were those ancient barons, who yet were +unacquainted with every thing but arms! +[FN [f] M. Paris, p. 200, 202. [g] Ibid. p. 200. M. West. p. 277. +[h] Chron. Dunst. vol. i. p. 79. M. West. p. 277. [i] M. Paris, p. +203. [k] Chron. Dunst. vol. i. p. 81. [l] M. Paris, p.204, 205. +Chron. de Mailr. p. 195.] + +Prince Lewis was informed of this fatal event while employed in the +siege of Dover, which was still valiantly defended against him by +Hubert de Burgh. He immediately retreated to London, the centre and +life of his party; and he there received intelligence of a new +disaster, which put an end to all his hopes. A French fleet, bringing +over a strong reinforcement, had appeared on the coast of Kent, where +they were attacked by the English, under the command of Philip +d'Albiney, and were routed with considerable loss. D'Albiney employed +a stratagem against them, which is said to have contributed to the +victory. Having gained the wind of the French, he came down upon them +with violence; and throwing in their faces a great quantity of +quicklime, which he purposely carried on board, he so blinded them, +that they were disabled from defending themselves [m]. +[FN [m] M. Paris, p. 206. Ann. Waverl. p. 183. W. Heming. p. 563. +Trivet, p. 169. M. West. p. 277. Knyghton, p. 2428.] + +After this second misfortune of the French, the English barons +hastened every where to make peace with the protector, and, by an easy +submission, to prevent those attainders to which they were exposed on +account of their rebellion. Lewis, whose cause was now totally +desperate, began to be anxious for the safety of his person, and was +glad, on any honourable conditions, to make his escape from a country +where he found every thing was now become hostile to him. He +concluded a peace with Pembroke, promised to evacuate the kingdom, and +only stipulated, in return, an indemnity to his adherents, and a +restitution of their honours and fortunes, together with the free and +equal enjoyment of those liberties which had been granted to the rest +of the nation [n]. Thus was happily ended a civil war, which seemed +to be founded on the most incurable hatred and jealousy, and had +threatened the kingdom with the most fatal consequences. +[FN [n] Rymer, vol. i. p. 221. M. Paris, p. 207. Chron. Dunst. vol. +i. p. 83. M. West. p. 278. Knyghton, p. 2429.] + +[MN 1216. General pacification.] +The precautions which the King of France used in the conduct of this +whole affair are remarkable. He pretended that his son had accepted +of the offer from the English barons without his advice, and contrary +to his inclination: the armies sent to England were levied in Lewis's +name. When that prince came over to France for aid, his father +publicly refused to grant him any assistance, and would not so much as +admit him to his presence. Even after Henry's party acquired the +ascendant, and Lewis was in danger of falling into the hands of his +enemies, it was Blanche of Castile, his wife, not the king, his +father, who raised armies, and equipped fleets for his succour [o]. +All these artifices were employed, not to satisfy the pope, for he had +too much penetration to be so easily imposed on; nor yet to deceive +the people, for they were too gross even for that purpose. They only +served for a colouring to Philip's cause; and, in public affairs, men +are often better pleased that the truth, though known to every body, +should be wrapped up under a decent cover, than if it were exposed in +open daylight to the eyes of all the world. +[FN [o] M. Paris, p. 256. Chron. Dunst. vol. i. p. 82.] + +After the expulsion of the French, the prudence and equity of the +protector's subsequent conduct contributed to cure entirely those +wounds which had been made by intestine discord. He received the +rebellious barons into favour; observed strictly the terms of peace +which he had granted them; restored them to their possessions; and +endeavoured, by an equal behaviour, to bury all past animosities in +perpetual oblivion. The clergy alone, who had adhered to Lewis, were +sufferers in this revolution. As they had rebelled against their +spiritual sovereign, by disregarding the interdict and +excommunication, it was not in Pembroke's power to make any +stipulations in their favour; and Gualo, the legate, prepared to take +vengeance on them for their disobedience [p]. Many of them were +deposed; many suspended; some banished; and all who escaped punishment +made atonement for their offence by paying large sums to the legate, +who amassed an immense treasure by this expedient. +[FN [p] Brady's App. No. 144 Chron. Dunst. vol. i. p. 83.] + +[MN Death of the protector.] +The Earl of Pembroke did not long survive the pacification, which had +been chiefly owing to his wisdom and valour [q]; and he was succeeded +in the government by Peter des Roches, Bishop of Winchester, and +Hubert de Burgh, the justiciary. The councils of the latter were +chiefly followed; and had he possessed equal authority in the kingdom +with Pembroke, he seemed to be every way worthy of filling the place +of that virtuous nobleman. [MN Some commotions.] But the licentious +and powerful barons, who had once broken the reins of subjection to +their prince, and had obtained, by violence, an enlargement of their +liberties and independence, could ill be restrained by laws under a +minority; and the people, no less than the king, suffered from their +outrages and disorders. They retained by force the royal castles, +which they had seized during the past convulsions, or which had been +committed to their custody by the protector [r]: they usurped the +king's demesnes [s]: they oppressed their vassals: they infested their +weaker neighbours: they invited all disorderly people to enter in +their retinue, and to live upon their lands: and they gave them +protection in all their robberies and extortions. +[FN [q] M. Paris, p. 210. [r] Trivet p. 174. [s] Rymer, vol. i. p. +276.] + +No one was more infamous for these violent and illegal practices than +the Earl of Albemarle; who, though he had early returned to his duty, +and had been serviceable in expelling the French, augmented to the +utmost the general disorder, and committed outrages in all the +counties of the north. In order to reduce him to obedience, Hubert +seized an opportunity of getting possession of Rockingham Castle, +which Albemarle had garrisoned with his licentious retinue: but this +nobleman, instead of submitting, entered into a secret confederacy +with Fawkes de Breaute, Peter de Mauleon, and other barons, and both +fortified the castle of Biham for his defence, and made himself +master, by surprise, of that of Fotheringay. Pandolf, who was +restored to his legateship, was active in suppressing this rebellion; +and, with the concurrence of eleven bishops, he pronounced the +sentence of excommunication against Albemarle and his adherents [t]: +an army was levied: a scutage of ten shillings a knight's fee was +imposed on all the military tenants: Albemarle's associates gradually +deserted him: and he himself was obliged at last to sue for mercy. He +received a pardon, and was restored to his whole estate. +[FN [t] Chron. Dunst. vol. i. p. 102.] + +This impolitic lenity, too frequent in those times, was probably the +result of a secret combination among the barons, who never could +endure to see the total ruin of one of their own order: but it +encouraged Fawkes de Breaute, a man whom King John had raised from a +low origin, to persevere in the course of violence to which he had +owed his fortune, and to set at nought all law and justice. When +thirty-five verdicts were at one time found against him, on account of +his violent expulsion of so many freeholders from their possessions, +he came to the court of justice with an armed force, seized the judge +who had pronounced the verdicts, and imprisoned him in Bedford castle. +He then levied open war against the king; but being subdued and taken +prisoner, his life was granted him; but his estate was confiscated, +and he was banished the kingdom [u]. +[FN [u] Rymer, vol. i. p. 198. M. Paris, p. 221, 224. Ann. Waverl. +p. 188. Chron. Dunst. vol. i. p. 141, 146. M. West. p. 283.] + +[MN 1222.] Justice was executed with greater severity against +disorders less premeditated, which broke out in London. A frivolous +emulation in a match of wrestling, between the Londoners on the one +hand, and the inhabitants of Westminster and those of the neighbouring +villages on the other, occasioned this commotion. The former rose in +a body, and pulled down some houses belonging to the Abbot of +Westminster: but this riot, which, considering the tumultuous +disposition familiar to that capital, would have been little regarded, +seemed to become more serious by the symptoms which then appeared of +the former attachment of the citizens to the French interest. The +populace, in the tumult, made use of the cry of war commonly employed +by the French troops: MOUNTJOY, MOUNTJOY, GOD HELP US AND OUR LORD +LEWIS! The justiciary made inquiry into the disorder; and finding one +Constantine Fitz-Arnulf to have been the ringleader, an insolent man, +who justified his crime in Hubert's presence, he proceeded against him +by martial law, and ordered him immediately to be hanged, without +trial or form of process. He also cut off the feet of some of +Constantine's accomplices [w]. +[FN [w] M. Paris, p. 217, 218, 259. Ann. Waverl. p. 187. Chron. +Dunst. vol. i. p. 129.] + +This act of power was complained of as an infringement of the great +charter: yet the justiciary, in a Parliament summoned at Oxford, (for +the great councils about this time began to receive that appellation,) +made no scruple to grant, in the king's name, a renewal and +confirmation of that charter. When the assembly made application to +the crown for this favour, as a law in those times seemed to lose its +validity if not frequently renewed, William de Briewere, one of the +council of regency, was so bold as to say openly, that those liberties +were extorted by force, and ought not to be observed: but he was +reprimanded by the Archbishop of Canterbury, and was not countenanced +by the king or his chief ministers [x]. A new confirmation was +demanded and granted two years after; and an aid, amounting to a +fifteenth of all moveables, was given by the Parliament, in return for +this indulgence. The king issued writs anew to the sheriffs, +enjoining the observance of the charter; but he inserted a remarkable +clause in the writs, that those who paid not the fifteenth should not +for the future be entitled to the benefit of those liberties [y]. +[FN [x] M. West. p. 282. [y] Clause 9. H. 3. m. 9. and m. 6. d.] + +The low state into which the crown was fallen made it requisite for a +good minister to be attentive to the preservation of the royal +prerogatives, as well as to the security of public liberty. Hubert +applied to the pope, who had always great authority in the kingdom, +and was now considered as its superior lord, and desired him to issue +a bull declaring the king to be of full age, and entitled to exercise +in person all the acts of royalty [z]. In consequence of this +declaration, the justiciary resigned into Henry's hands the two +important fortresses of the Tower and Dover Castle, which had been +intrusted to his custody; and he required the other barons to imitate +his example. They refused compliance: the Earls of Chester and +Albemarle, John Constable of Chester, John de Lacy, Brian de l'Isle, +and William de Cantel, with some others, even formed a conspiracy to +surprise London, and met in arms at Waltham with that intention: but +finding the king prepared for defence, they desisted from their +enterprise. When summoned to court in order to answer for their +conduct, they scrupled not to appear, and to confess the design: but +they told the king, that they had no bad intentions against his +person, but only against Hubert de Burgh, whom they were determined to +remove from his office [a]. They appeared too formidable to be +chastised; and they were so little discouraged by the failure of their +first enterprise, that they again met in arms at Leicester, in order +to seize the king, who then resided at Northampton: but Henry, +informed of their purpose, took care to be so well armed and attended +that the barons found it dangerous to make the attempt; and they sat +down and kept Christmas in his neighbourhood [b]. The archbishop and +the prelates, finding every thing tending towards a civil war, +interposed with their authority, and threatened the barons with the +sentence of excommunication, if they persisted in detaining the king's +castles. This menace at last prevailed: most of the fortresses were +surrendered; though the barons complained that Hubert's castles were +soon after restored to him, while the king still kept theirs in his +own custody. There are said to have been eleven hundred and fifteen +castles at that time in England [c]. +[FN [z] M. Paris, p. 220. [a] Chron. Dunst. vol. i. p. 137. [b] M. +Paris, p. 221. Chron. Dunst. vol. i. p. 138. [c] Coke's Comment. on +Magna Charta, chap. 17.] + +It must be acknowledged that the influence of the prelates and the +clergy was often of great service to the public. Though the religion +of that age can merit no better name than that of superstition, it +served to unite together a body of men who had great sway over the +people, and who kept the community from falling to pieces, by the +factions and independent power of the nobles; and what was of great +importance, it threw a mighty authority into the hands of men, who, by +their profession, were averse to arms and violence; who tempered by +their mediation the general disposition towards military enterprises; +and who still maintained, even amidst the shock of arms, those secret +links, without which it is impossible for human society to subsist. + +Notwithstanding these intestine commotions in England, and the +precarious authority of the crown, Henry was obliged to carry on war +in France; and he employed to that purpose the fifteenth which had +been granted him by Parliament. Lewis VIII., who had succeeded his +father Philip, instead of complying with Henry's claim, who demanded +the restitution of Normandy, and the other provinces wrested from +England, made an irruption into Poictou, took Rochelle [d], after a +long siege, and seemed determined to expel the English from the few +provinces which still remained to them. Henry sent over his uncle, +the Earl of Salisbury, together with his brother, Prince Richard, to +whom he had granted the earldom of Cornwall, which had escheated to +the crown. Salisbury stopped the progress of Lewis's arms, and +retained the Poictevin and Gascon vassals in their allegiance: but no +military action of any moment was performed on either side. The Earl +of Cornwall, after two years' stay in Guienne, returned to England. +[FN [d] Rymer, vol. i. p. 269. Trivet, p. 179.] + +[MN 1227.] This prince was nowise turbulent or factious in his +disposition: his ruling passion was to amass money, in which he +succeeded so well as to become the richest subject in Christendom: yet +his attention to gain threw him sometimes into acts of violence; and +gave disturbance to the government. There was a manor which had +formerly belonged to the earldom of Cornwall, but had been granted to +Waleran de Ties, before Richard had been invested with that dignity, +and while the earldom remained in the crown. Richard claimed this +manor, and expelled the proprietor by force: Waleran complained: the +king ordered his brother to do justice to the man, and restore him to +his rights: the earl said, that he would not submit to these orders, +till the cause should be decided against him by the judgment of his +peers: Henry replied, that it was first necessary to reinstate Waleran +in possession, before the cause could be tried; and he reiterated his +orders to the earl [e]. We may judge of the state of the government, +when this affair had nearly produced a civil war. The Earl of +Cornwall, finding Henry peremptory in his commands, associated himself +with the young Earl of Pembroke, who had married his sister, and who +was displeased on account of the king's requiring him to deliver up +some royal castles which were in his custody. These two malecontents +took into the confederacy the Earls of Chester, Warrenne, Gloucester, +Hereford, Warwick, and Ferrers, who were all disgusted on a like +account [f]. They assembled an army; which the king had not the power +or courage to resist; and he was obliged to give his brother +satisfaction, by grants of much greater importance than the manor +which had been the first ground of the quarrel [g]. +[FN [e] M. Paris, p. 233. [f] M. Paris, p. 233. [g] Ibid.] + +The character of the king, as he grew to man's estate, became every +day better known; and he was found in every respect unqualified for +maintaining a proper sway among those turbulent barons, whom the +feudal constitution subjected to his authority. Gentle, humane, and +merciful even to a fault, he seems to have been steady in no other +circumstance of his character; but to have received every impression +from those who surrounded him, and whom he loved, for the time, with +the most imprudent and most unreserved affection. Without activity or +vigour, he was unfit to conduct war: without policy or art, he was ill +fitted to maintain peace: his resentments, though hasty and violent, +were not dreaded, while he was found to drop them with such facility; +his friendships were little valued, because they were neither derived +from choice, nor maintained with constancy. A proper pageant of state +in a regular monarchy, where his ministers could have conducted all +affairs in his name and by his authority; but too feeble in those +disorderly times to sway a sceptre, whose weight depended entirely on +the firmness and dexterity of the hand which held it. + +[MN Hugh de Burgh displaced.] +The ablest and most virtuous minister that Henry ever possessed was +Hubert de Burgh [h]; a man who had been steady to the crown in the +most difficult and dangerous times, and who yet showed no disposition, +in the height of his power, to enslave or oppress the people. The +only exceptionable part of his conduct is that which is mentioned by +Matthew Paris [i], if the fact be really true; and proceeded from +Hubert's advice, namely, the recalling publicly and the annulling of +the charter of forests, a concession so reasonable in itself, and so +passionately claimed both by the nobility and people: but it must be +confessed that this measure is so unlikely, both from the +circumstances of the times and character of the minister, that there +is reason to doubt of its reality, especially as it is mentioned by no +other historian. Hubert, while he enjoyed his authority, had an +entire ascendant over Henry, and was loaded with honours and favours +beyond any other subject. Besides acquiring the property of many +castles and manors, he married the eldest sister of the King of Scots, +was created Earl of Kent, and, by an unusual concession, was made +chief justiciary of England for life: [MN 1231.] yet Henry, in a +sudden caprice, threw off this faithful minister, and exposed him to +the violent persecutions of his enemies. Among other frivolous crimes +objected to him, he was accused of gaining the king's affections by +enchantment, and of purloining from the royal treasury a gem, which +had the virtue to render the wearer invulnerable, and of sending this +valuable curiosity to the Prince of Wales [k]. The nobility, who +hated Hubert on account of his zeal in resuming the rights and +possessions of the crown, no sooner saw the opportunity favourable, +than they inflamed the king's animosity against him, and pushed him to +seek the total ruin of his minister. Hubert took sanctuary in a +church: the king ordered him to be dragged from thence: he recalled +those orders: he afterwards renewed them: he was obliged by the clergy +to restore him to the sanctuary: he constrained him soon after to +surrender himself prisoner, and he confined him in the castle of +Devizes. Hubert made his escape, was expelled the kingdom, was again +received into favour, recovered a great share of the king's +confidence, but never showed any inclination to reinstate himself in +power and authority [l]. +[FN [h] Ypod. Neustriae, p. 464. [i] P. 232. M. West. p. 216, +ascribes this counsel to Peter, Bishop of Winchester. [k] M. Paris, +p. 259. [l] Ibid. p. 259, 260, 261, 266. Chron. T. Wykes, p. 41, 42. +Chron. Dunst. vol. i. p. 220, 221. M. West. p. 291, 301.] + +[MN Bishop of Winchester minister.] +The man who succeeded him in the government of the king and kingdom +was Peter, Bishop of Winchester, a Poictevin by birth, who had been +raised by the late king, and who was no less distinguished by his +arbitrary principles and violent conduct, than by his courage and +abilities. This prelate had been left by King John justiciary and +regent of the kingdom during an expedition which that prince made into +France; and his illegal administration was one chief cause of that +great combination among the barons which finally extorted from the +crown the charter of liberties, and laid the foundations of the +English constitution. Henry, though incapable, from his character, of +pursuing the same violent maxims which had governed his father, had +imbibed the same arbitrary principles; and, in prosecution of Peter's +advice, he invited over a great number of Poictevins, and other +foreigners, who, he believed, could more safely be trusted than the +English, and who seemed useful to counterbalance the great and +independent power of the nobility [m]. Every office and command was +bestowed on these strangers: they exhausted the revenues of the crown, +already too much impoverished [n]; they invaded the rights of the +people; and their insolence, still more provoking than their power, +drew on them the hatred and envy of all orders of men in the kingdom +[o]. +[FN [m] M. Paris, p. 263. [n] Chron. Dunst. vol. i. p. 151. [o] M. +Paris, p. 268.] + +[MN 1233.] The barons formed a combination against this odious +ministry, and withdrew from Parliament, on pretence of the danger to +which they were exposed from the machinations of the Poictevins. When +again summoned to attend, they gave for answer, that the king should +dismiss his foreigners, otherwise they would drive both him and them +out of the kingdom, and put the crown on another head more worthy to +wear it [p]: such was the style they used to their sovereign! They at +last came to Parliament, but so well attended, that they seemed in a +condition to prescribe laws to the king and ministry. Peter des +Roches, however, had in the interval found means of sowing dissension +among them, and of bringing over to his party the Earl of Cornwall, as +well as the Earls of Lincoln and Chester. The confederates were +disconcerted in their measures: Richard, Earl Mareschal, who had +succeeded to that dignity on the death of his brother William, was +chased into Wales; he thence withdrew into Ireland, where he was +treacherously murdered by the contrivance of the Bishop of Winchester +[q]. The estates of the more obnoxious barons were confiscated, +without legal sentence or trial by their peers [r], and were bestowed +with a profuse liberality on the Poictevins. Peter even carried his +insolence so far as to declare publicly, that the barons of England +must not pretend to put themselves on the same footing with those of +France; or assume the same liberties and privileges: the monarch in +the former country had a more absolute power than in the latter. It +had been more justifiable for him to have said, that men, so unwilling +to submit to the authority of laws, could with the worst grace claim +any shelter or protection from them. +[FN [p] Ibid. p. 265. [q] Chron. Dunst. vol. i. p. 219. [r] M. +Paris, p. 265.] + +When the king at any time was checked in his illegal practices, and +when the authority of the great charter was objected to him, he was +wont to reply, "Why should I observe this charter, which is neglected +by all my grandees, both prelates and nobility?" It was very +reasonably said to him, "You ought, sir, to set them the example [s]." +[FN [s] Ibid. p. 609.] + +So violent a ministry as that of the Bishop of Winchester could not be +of long duration; but its fall proceeded at last from the influence of +the church, not from the efforts of the nobles. Edmond, the primate, +came to court, attended by many of the other prelates, and represented +to the king the pernicious measures embraced by Peter des Roches, the +discontents of his people, the ruin of his affairs; and, after +requiring the dismission of the minister and his associates, +threatened him with excommunication in case of his refusal. Henry, +who knew that an excommunication so agreeable to the sense of the +people could not fail of producing the most dangerous effects, was +obliged to submit: foreigners were banished: the natives were restored +to their place in council [t]: the primate, who was a man of prudence, +and who took care to execute the laws, and observe the charter of +liberties, bore the chief sway in the government. +[FN [t] Ibid. p. 271, 272.] + +[MN 1236. Jan.] But the English in vain flattered themselves that +they should be long free from the dominion of foreigners. [MN King's +partiality to foreigners.] The king having married Eleanor, daughter +of the Count of Provence [u], was surrounded by a great number of +strangers from that country, whom he caressed with the fondest +affection, and enriched by an imprudent generosity [w]. The Bishop of +Valence, a prelate of the house of Savoy, and maternal uncle to the +queen, was his chief minister, and employed every art to amass wealth +for himself and his relations. Peter of Savoy, a brother of the same +family, was invested in the honour of Richmond, and received the rich +wardship of Earl Warrenne: Boniface of Savoy was promoted to the see +of Canterbury. Many young ladies were invited over from Provence, and +married to the chief noblemen in England, who were the king's wards +[x]. And as the source of Henry's bounty began to fail, his Savoyard +ministry applied to Rome, and obtained a bull, permitting him to +resume all past grants; absolving him from the oath which he had taken +to maintain them; even enjoining him to make such a resumption, and +representing those grants as invalid, on account of the prejudice +which ensued from them to the Roman pontiff, in whom the superiority +of the kingdom was vested [y]. The opposition made to the intended +resumption prevented it from taking place; but the nation saw the +indignities to which the king was willing to submit, in order to +gratify the avidity of his foreign favourites. About the same time he +published in England the sentence of excommunication pronounced +against the Emperor Frederic, his brother-in-law [z]; and said, in +excuse, that, being the pope's vassal, he was obliged by his +allegiance to obey all the commands of his holiness. In this weak +reign, when any neighbouring potentate insulted the king's dominions, +instead of taking revenge for the injury, he complained to the pope as +his superior lord, and begged him to give protection to his vassal +[a]. +[FN [u] Rymer, vol. i. p. 448. M. Paris, p. 286. [w] M. Paris, p. +236, 301, 305, 316, 541. M. West. p. 302, 304. [x] M. Paris, p. 484. +M. West. p. 338. [y] M. Paris, p. 295, 301. [z] Rymer, vol. i. p. +383. [a] Chron. Dunst. vol. i. p. 150.] + +[MN 1236. Grievances.] +The resentment of the English barons rose high at the preference given +to foreigners; but no remonstrance or complaint could ever prevail on +the king to abandon them, or even to moderate his attachment towards +them. After the Provencals and Savoyards might have been supposed +pretty well satiated with the dignities and riches which they had +acquired, a new set of hungry foreigners were invited over, and shared +among them those favours, which the king ought in policy to have +conferred on the English nobility, by whom his government could have +been supported and defended. His mother, Isabella, who had been +unjustly taken by the late king from the Count de la Marche, to whom +she was betrothed, was no sooner mistress of herself, by the death of +her husband, than she married that nobleman [b]; [MN 1247.] and she +had borne him four sons, Guy, William, Geoffrey, and Aymer, whom she +sent over to England, in order to pay a visit to their brother. The +good-natured and affectionate disposition of Henry was moved at the +sight of such near relations; and he considered neither his own +circumstances, nor the inclinations of his people, in the honours and +riches which he conferred upon them [c]. Complaints rose as high +against the credit of the Gascon, as ever they had done against that +of the Poictevin and of the Savoyard favourites; and to a nation +prejudiced against them, all their measures appeared exceptionable and +criminal. Violations of the great charter were frequently mentioned; +and it is indeed more than probable that foreigners, ignorant of the +laws, and relying on the boundless affections of a weak prince, would, +in an age when a regular administration was not any where known, pay +more attention to their present interest than to the liberties of the +people. It is reported that the Poictevins and other strangers, when +the laws were at any time appealed to, in opposition to their +oppressions, scrupled not to reply, WHAT DID THE ENGLISH LAWS SIGNIFY +TO THEM? THEY MINDED THEM NOT. And as words are often more offensive +than actions, this open contempt of the English tended much to +aggravate the general discontent, and made every act of violence +committed by the foreigners appear not only an injury but an affront +to them [d]. +[FN [b] Trivet, p. 174. [c] M. Paris, p. 491. M. West. p. 338. +Knyghton, p. 2436. [d] M. Paris, p. 566, 666. Ann. Waverl. p. 214. +Chron. Dunst. vol. i. p. 335.] + +I reckon not among the violations of the great charter some arbitrary +exertions of prerogative, to which Henry's necessities pushed him, and +which, without producing any discontent, were uniformly continued by +all his successors till the last century. As the Parliament often +refused him supplies, and that in a manner somewhat rude and indecent +[e], he obliged his opulent subjects, particularly the citizens of +London, to grant him loans of money; and it is natural to imagine, +that the same want of economy which reduced him to the necessity of +borrowing, would prevent him from being very punctual in the repayment +[f]. He demanded benevolences, or pretended voluntary contributions, +from his nobility and prelates [g]. He was the first king of England +since the Conquest that could fairly be said to lie under the +restraint of law; and he was also the first that practised the +dispensing power, and employed the clause of NON OBSTANTE in his +grants and patents. When objections were made to this novelty, he +replied, that the pope exercised that authority; and why might not he +imitate the example? But the abuse which the pope made of his +dispensing power, in violating the canons of general councils, in +invading the privileges and customs of all particular churches, and in +usurping on the rights of patrons, was more likely to excite the +jealousy of the people, than to reconcile them to a similar practice +in their civil government. Roger de Thurkesby, one of the king's +justices, was so displeased with the precedent, that he exclaimed, +ALAS! WHAT TIMES ARE WE FALLEN INTO! BEHOLD, THE CIVIL COURT IS +CORRUPTED IN IMITATION OF THE ECCLESIASTICAL, AND THE RIVER IS +POISONED FROM THE FOUNTAIN. +[FN [e] M. Paris, p. 301. [f] Ibid. p. 406. [g] Ibid. p. 507.] + +The king's partiality and profuse bounty to his foreign relations, and +to their friends and favourites, would have appeared more tolerable to +the English, had any thing been done meanwhile for the honour of the +nation; or had Henry's enterprises in foreign countries been attended +with any success or glory to himself or to the public: at least, such +military talents in the king would have served to keep his barons in +awe, and have given weight and authority to his government. But +though he declared war against Lewis IX. in 1242, and made an +expedition into Guienne, upon the invitation of his father-in-law, the +Count de la Marche, who promised to join him with all his forces, he +was unsuccessful in his attempts against that great monarch, was +worsted at Taillebourg, was deserted by his allies, lost what remained +to him of Poictou, and was obliged to return, with loss of honour, +into England [h]. The Gascon nobility were attached to the English +government, because the distance of their sovereign allowed them to +remain in a state of almost total independence; [MN 1253.] and they +claimed, some time after, Henry's protection against an invasion, +which the King of Castile made upon that territory. Henry returned +into Guienne, and was more successful in this expedition; but he +thereby involved himself and his nobility in an enormous debt, which +both increased their discontents, and exposed him to greater danger +from their enterprises [i]. +[FN [h] M. Paris, p. 393, 394, 398, 399, 405. W. Heming. p. 574. +Chron. Dunst. vol. i. p. 153. [i] M. Paris, p. 614.] + +Want of economy, and an ill-judged liberality, were Henry's great +defects; and his debts, even before this expedition, had become so +troublesome, that he sold all his plate and jewels, in order to +discharge them. When this expedient was first proposed to him, he +asked where he should find purchasers? It was replied, the citizens +of London. ON MY WORD, said he, IF THE TREASURY OF AUGUSTUS WERE +BROUGHT FOR SALE, THE CITIZENS ARE ABLE TO BE THE PURCHASERS: THESE +CLOWNS, WHO ASSUME TO THEMSELVES THE NAME OF BARONS, ABOUND IN EVERY +THING, WHILE WE ARE REDUCED TO NECESSITIES [k]. And he was +thenceforth observed to be more forward and greedy in his exactions +upon the citizens [l]. +[FN [k] Ibid. p. 501. [l] Ibid. p. 501, 507, 518, 578, 606, 625, +648.] + +[MN Ecclesiastical grievances.] +But the grievances, which the English during this reign had reason to +complain of in the civil government, seem to have been still less +burdensome than those which they suffered from the usurpations and +exactions of the court of Rome. [MN 1253.] On the death of Langton +in 1228, the monks of Christ-church elected Walter de Hemesham, one of +their own body, for his successor: but as Henry refused to confirm the +election, the pope, at his desire, annulled it [m]; and immediately +appointed Richard, Chancellor of Lincoln, for archbishop, without +waiting for a new election. On the death of Richard in 1231, the +monks elected Ralph de Neville, Bishop of Chichester; and though Henry +was much pleased with the election, the pope, who thought that prelate +too much attached to the crown, assumed the power of annulling his +election [n]. He rejected two clergymen more, whom the monks had +successively chosen; and he at last told them, that, if they would +elect Edmond, treasurer of the church of Salisbury, he would confirm +their choice; and his nomination was complied with. The pope had the +prudence to appoint both times very worthy primates; but men could not +forbear observing his intention of thus drawing gradually to himself +the right of bestowing that important dignity. +[FN [m] M. Paris, p. 224. [n] Ibid. p. 254.] + +The avarice, however, more than the ambition, of the see of Rome, +seems to have been in this age the ground of general complaint. The +papal ministers, finding a vast stock of power amassed by their +predecessors, were desirous of turning it to immediate profit which +they enjoyed at home, rather than of enlarging their authority in +distant countries, where they never intended to reside. Every thing +was become venal in the Romish tribunals; simony was openly practised; +no favours, and even no justice, could be obtained without a bribe; +the highest bidder was sure to have the preference, without regard +either to the merits of the person or of the cause; and besides the +usual perversions of right in the decision of controversies, the pope +openly assumed an absolute and uncontrolled authority of setting +aside, by the plenitude of his apostolic power, all particular rules, +and all privileges of patrons, churches, and convents. On pretence of +remedying these abuses, Pope Honorius, in 1226, complaining of the +poverty of his see as the source of all grievances, demanded from +every cathedral two of the best prebends, and from every convent two +monks' portions, to be set apart as a perpetual and settled revenue of +the papal crown: but all men being sensible that the revenue would +continue for ever, the abuses immediately return, his demand was +unanimously rejected. About three years after, the pope demanded and +obtained the tenth of all ecclesiastical revenues, which he levied in +a very oppressive manner; requiring payment before the clergy had +drawn their rents or tithes, and sending about usurers, who advanced +them the money at exorbitant interest. In the year 1240, Otho, the +legate, having in vain attempted the clergy in a body, obtained +separately, by intrigues and menaces, large sums from the prelates and +convents, and on his departure is said to have carried more money out +of the kingdom than he left in it. This experiment was renewed four +years after with success by Martin the nuncio, who brought from Rome +powers of suspending and excommunicating all clergymen that refused to +comply with his demands. The king, who relied on the pope for the +support of his tottering authority, never failed to countenance those +exactions. + +Meanwhile, all the chief benefices of the kingdom were conferred on +Italians; great numbers of that nation were sent over at one time to +be provided for; non-residence and pluralities were carried to an +enormous height; Mansel, the king's chaplain, is computed to have held +at once seven hundred ecclesiastical livings; and the abuses became so +evident as to be palpable to the blindness of superstition itself. +The people, entering into associations, rose against the Italian +clergy; pillaged their barns; wasted their lands; insulted the persons +of such of them as they found in the kingdom [o]; and when the +justices made inquiry into the authors of this disorder, the guilt was +found to involve so many, and those of such high rank, that it passed +unpunished. At last, when Innocent IV., in 1245, called a general +council at Lyons, in order to excommunicate the Emperor Frederic, the +king and nobility sent over agents to complain before the council of +the rapacity of the Romish church. They represented, among many other +grievances, that the benefices of the Italian clergy in England had +been estimated, and were found to amount to sixty thousand marks [p] a +year, a sum which exceeded the annual revenue of the crown [q]. They +obtained only an evasive answer from the pope; but as mention had been +made before the council of the feudal subjection of England to the see +of Rome, the English agents, at whose head was Roger Bigod, Earl of +Norfolk, exclaimed against the pretension, and insisted that King John +had no right, without the consent of his barons, to subject the +kingdom to so ignominious a servitude [r]. The popes, indeed, afraid +of carrying matters too far against England, seem thenceforth to have +little insisted on that pretension. +[FN [o] Rymer, vol. i. p. 323. M. Paris, p. 255, 257. [p] Innocent's +bull in Rymer, vol. i. p. 471, says only fifty thousand marks a year. +[q] M. Paris, p. 451. The customs were part of Henry's revenue, and +amounted to six thousand pounds a year: they were at first small sums +paid by the merchants for the use of the king's warehouses, measures, +weights, &c. See Gilbert's History of the Exch. p. 214. [r] M. +Paris, p. 460.] + +This check, received at the council of Lyons, was not able to stop the +court of Rome in its rapacity; Innocent exacted the revenues of all +vacant benefices, the twentieth of all ecclesiastical revenues without +exception; the third of such as exceeded a hundred marks a year, and +the half of such as were possessed by non-residents [s]. He claimed +the goods of all intestate clergymen [t]; he pretended a title to +inherit all money gotten by usury; he levied benevolences upon the +people; and when the king, contrary to his usual practice, prohibited +these exactions, he threatened to pronounce against him the same +censures which he had emitted against the Emperor Frederic [u]. +[FN [s] Ibid. p. 480. Ann. Burt. p. 305, 373. [t] M. Paris, p. 474. +[u] Ibid. p. 476.] + +[MN 1255.] But the most oppressive expedient employed by the pope was +the embarking of Henry in a project for the conquest of Naples or +Sicily on this side the Fare, as it was called; an enterprise, which +threw much dishonour on the king, and involved him, during some years, +in great trouble and expense. The Romish church, taking advantage of +favourable incidents, had reduced the kingdom of Sicily to the same +state of feudal vassalage which she pretended to extend over England, +and which, by reason of the distance, as well as high spirit of this +latter kingdom, she was not able to maintain. After the death of the +Emperor Frederic II., the succession of Sicily devolved to Conradine, +grandson of that monarch; and Mainfroy, his natural son, under +pretence of governing the kingdom during the minority of the prince, +had formed a scheme of establishing his own authority. Pope Innocent, +who had carried on violent war against the Emperor Frederic, and had +endeavoured to dispossess him of his Italian dominions, still +continued hostilities against his grandson; but being disappointed in +all his schemes by the activity and artifices of Mainfroy, he found +that his own force alone was not sufficient to bring to a happy issue +so great an enterprise. He pretended to dispose of the Sicilian +crown, both as superior lord of that particular kingdom, and as vicar +of Christ, to whom all kingdoms of the earth were subjected; and he +made a tender of it to Richard, Earl of Cornwall, whose immense +riches, he flattered himself, would be able to support the military +operations against Mainfroy. As Richard had the prudence to refuse +the present [w], he applied to the king, whose levity and thoughtless +disposition gave Innocent more hopes of success; and he offered him +the crown of Sicily for his second son, Edmond [x]. Henry, allured by +so magnificent a present, without reflecting on the consequences, +without consulting either with his brother or the Parliament, accepted +of the insidious proposal; and gave the pope unlimited credit to +expend whatever sums he thought necessary for completing the conquest +of Sicily. Innocent, who was engaged by his own interests to wage war +with Mainfroy, was glad to carry on his enterprises at the expense of +his ally: Alexander IV., who succeeded him in the papal throne, +continued the same policy; and Henry was surprised to find himself on +a sudden involved in an immense debt, which he had never been +consulted in contracting. The sum already amounted to one hundred and +thirty-five thousand five hundred and forty-one marks, besides +interest [y]; and he had the prospect, if he answered this demand, of +being soon loaded with more exorbitant expenses; if he refused it, of +both incurring the pope's displeasure, and losing the crown of Sicily, +which he hoped soon to have the glory of fixing on the head of his +son. +[FN [w] M. Paris, p. 650. [x] Rymer, vol. i. p. 502, 512, 530. M. +Paris, p. 599, 613. [y] Rymer, vol. i. p. 587. Chron. Dunst. vol. i. +p. 319.] + +He applied to the Parliament for supplies; and that he might be sure +not to meet with opposition, he sent no writs to the more refractory +barons; but even those who were summoned, sensible of the ridiculous +cheat imposed by the pope, determined not to lavish their money on +such chimerical projects; and making a pretext of the absence of their +brethren, they refused to take the king's demands into consideration +[z]. In this extremity the clergy were his only resource; and as both +their temporal and spiritual sovereign concurred in loading them, they +were ill able to defend themselves against this united authority. +[FN [z] M. Paris, p. 614.] + +The pope published a crusade for the conquest of Sicily; and required +every one, who had taken the cross against the infidels, or had vowed +to advance money for that service, to support the war against +Mainfroy, a more terrible enemy, as he pretended, to the Christian +faith than any Saracen [a]. He levied a tenth on all ecclesiastical +benefices in England for three years; and gave orders to excommunicate +all bishops who made not punctual payment. He granted to the king the +goods of intestate clergymen; the revenues of vacant benefices; the +revenues of all non-residents [b]. But these taxations, being levied +by some rule, were deemed less grievous than another imposition, which +arose from the suggestion of the Bishop of Hereford, and which might +have opened the door to endless and intolerable abuses. +[FN [a] Rymer, vol. i. p. 547, 548, &c. [b] Ibid. vol. i. p. 597, +598.] + +This prelate, who resided at the court of Rome, by a deputation from +the English church, drew bills of different values, but amounting on +the whole to one hundred and fifty thousand five hundred and forty +marks, on all the bishops and abbots of the kingdom; and granted these +bills to Italian merchants, who, it was pretended, had advanced money +for the service of the war against Mainfroy [c]. As there was no +likelihood of the English prelates submitting, without compulsion, to +such an extraordinary demand, Rustand, the legate, was charged with +the commission of employing authority to that purpose; and he summoned +an assembly of the bishops and abbots, whom he acquainted with the +pleasure of the pope and of the king. Great were the surprise and +indignation of the assembly. The Bishop of Worcester exclaimed, that +he would lose his life rather than comply: the Bishop of London said, +that the pope and king were more powerful than he; but if his mitre +were taken off his head, he would clap on a helmet in its place [d]. +The legate was no less violent on the other hand; and he told the +assembly, in plain terms, that all ecclesiastical benefices were the +property of the pope, and he might dispose of them, either in whole or +in part, as he saw proper [e]. In the end, the bishops and abbots, +being threatened with excommunication, which made all the revenues +fall into the king's hands, were obliged to submit to the exaction; +and the only mitigation which the legate allowed them was, that the +tenths, already granted, should be accepted as a partial payment of +the bills. But the money was still insufficient for the pope's +purpose: the conquest of Sicily was as remote as ever: the demands +which came from Rome were endless: Pope Alexander became so urgent a +creditor, that he sent over a legate to England, threatening the +kingdom with an interdict, and the king with excommunication, if the +arrears, which he pretended to be due to him, were not instantly +remitted [f]. And at last Henry, sensible of the cheat, began to +think of breaking off the agreement, and of resigning into the pope's +hands that crown, which it was not intended by Alexander, that he or +his family should ever enjoy [g]. +[FN [c] M. Paris, p. 612, 628. Chron. T. Wykes, p. 54. [d] M. Paris, +p. 614. [e] Ibid. p. 619. [f] Rymer, vol. i. p. 624. M. Paris, p. +648. [g] Rymer, vol. i. p. 630.] + +[MN Earl of Cornwall elected King of the Romans.] +The Earl of Cornwall had now reason to value himself on his foresight, +in refusing the fraudulent bargain with Rome, and in preferring the +solid honours of an opulent and powerful prince of the blood of +England, to the empty and precarious glory of a foreign dignity. But +he had not always firmness sufficient to adhere to this resolution: +his vanity and ambition prevailed at last over his prudence and his +avarice; and he was engaged in an enterprise no less extensive and +vexatious than that of his brother, and not attended with much greater +probability of success. The immense opulence of Richard having made +the German princes cast their eye on him as a candidate for the +empire, he was tempted to expend vast sums of money on his election; +and he succeeded so far as to be chosen King of the Romans, which +seemed to render his succession infallible to the imperial throne. He +went over to Germany, and carried out of the kingdom no less a sum +than seven hundred thousand marks, if we may credit the account given +by some ancient authors [h], which is probably much exaggerated [i]. +His money, while it lasted, procured him friends and partisans; but it +was soon drained from him by the avidity of the German princes; and +having no personal or family connexions in that country, and no solid +foundation of power, he found at last that he had lavished away the +frugality of a whole life in order to procure a splendid title; and +that his absence from England, joined to the weakness of his brother's +government, gave reins to the factious and turbulent dispositions of +the English barons, and involved his own country and family in great +calamities. +[FN [h] M. Paris, p. 638. The same author, a few pages before, makes +Richard's treasures amount to little more than half the sum, p. 634. +The king's dissipations and expenses, throughout his whole reign, +according to the same author, had amounted only to about nine hundred +and forty thousand marks, p. 638. [i] The sums mentioned by ancient +authors, who were almost all monks, are often improbable, and never +consistent. But we know, from an infallible authority, the public +remonstrance to the council of Lyons, that the king's revenues were +below sixty thousand marks a year: his brother, therefore, could never +have been master of seven hundred thousand marks; especially as he did +not sell his estates in England, as we learn from the same author: and +we hear afterwards of his ordering all his woods to be cut, in order +to satisfy the rapacity of the German princes. His son succeeded to +the earldom of Cornwall, and his other revenues.] + +[MN Discontents of the barons.] +The successful revolt of the nobility from King John, and their +imposing on him and his successors limitations of their royal power, +had made them feel their own weight and importance, had set a +dangerous precedent of resistance, and being followed by a long +minority, had impoverished as well as weakened that crown, which they +were at last induced, from the fear of worse consequences, to replace +on the head of young Henry. In the king's situation, either great +abilities and vigour were requisite to overawe the barons, or great +caution and reserve to give them no pretence for complaints; and it +must be confessed that this prince was possessed of neither of these +talents. He had not prudence to choose right measures; he wanted even +that constancy, which sometimes gives weight to wrong ones; he was +entirely devoted to his favourites, who were always foreigners; he +lavished on them, without discretion, his diminished revenue; and +finding that his barons indulged their disposition towards tyranny, +and observed not to their own vassals the same rules which they had +imposed on the crown, he was apt, in his administration, to neglect +all the salutary articles of the great charter, which he remarked to +be so little regarded by his nobility. This conduct had extremely +lessened his authority in the kingdom; had multiplied complaints +against him; and had frequently exposed him to affronts, and even to +dangerous attempts upon his prerogative. In the year 1244, when he +desired a supply from Parliament, the barons, complaining of the +frequent breaches of the great charter, and of the many fruitless +applications which they had formerly made for the redress of this and +other grievances, demanded, in return, that he should give them the +nomination of the great justiciary and of the chancellor, to whose +hands chiefly the administration of justice was committed; and if we +may credit the historian [k], they had formed the plan of other +limitations, as well as of associations to maintain them, which would +have reduced the king to be an absolute cipher; and have held the +crown in perpetual pupilage and dependence. The king, to satisfy +them, would agree to nothing but a renewal of the charter, and a +general permission to excommunicate all the violaters of it; and he +received no supply, except a scutage of twenty shillings on each +knight's fee, for the marriage of his eldest daughter to the King of +Scotland; a burden which was expressly annexed to their feudal +tenures. +[FN [k] M. Paris, p. 432.] + +Four years after, in a full Parliament, when Henry demanded a new +supply, he was openly reproached with a breach of his word, and the +frequent violations of the charter. He was asked, whether he did not +blush to desire any aid from his people, whom he professedly hated and +despised, to whom, on all occasions, he preferred aliens and +foreigners, and who groaned under the oppressions which he either +permitted or exercised over them. He was told that, besides +disparaging his nobility, by forcing them to contract unequal and mean +marriages with strangers, no rank of men was so low as to escape +vexatious from him or his ministers; that even the victuals consumed +in his household, the clothes which himself and his servants wore, +still more the wine which they used, were all taken by violence from +the lawful owners, and no compensation was ever made them for the +injury; that foreign merchants, to the great prejudice and infamy of +the kingdom, shunned the English harbours, as if they were possessed +by pirates, and the commerce with all nations was thus cut off by +these acts of violence; that loss was added to loss, and injury to +injury, while the merchants, who had been despoiled of their goods, +were also obliged to carry them at their own charge to whatever place +the king was pleased to appoint them; that even the poor fishermen on +the coast could not escape his oppressions and those of his courtiers; +and finding that they had not full liberty to dispose of their +commodities in the English market, were frequently constrained to +carry them to foreign ports, and to hazard all the perils of the +ocean, rather than those which awaited them from his oppressive +emissaries; and that his very religion was a ground of complaint to +his subjects, while they observed, that the waxen tapers and splendid +silks, employed in so many useless processions, were the spoils which +he had forcibly ravished from the true owners [l]. Throughout this +remonstrance, in which the complaints, derived from an abuse of the +ancient right of purveyance, may be supposed to be somewhat +exaggerated, there appears a strange mixture of regal tyranny in the +practices which gave rise to it, and of aristocratical liberty, or +rather licentiousness, in the expressions employed by the Parliament. +But a mixture of this kind is observable in all the ancient feudal +governments; and both of them proved equally hurtful to the people. +[FN [l] M. Paris, p. 498. See farther, p. 578. M. West. p. 348.] + +As the king, in answer to their remonstrance, gave the Parliament only +good words and fair promises, attended with the most humble +submissions, which they had often found deceitful, he obtained at that +time no supply; and therefore, in the year 1253, when he found himself +again under the necessity of applying to Parliament, he had provided a +new pretence, which he deemed infallible, and taking the vow of a +crusade, he demanded their assistance in that pious enterprise [m]. +The Parliament, however, for some time hesitated to comply; and the +ecclesiastical order sent a deputation, consisting of four prelates, +the primate, and the Bishops of Winchester, Salisbury, and Carlisle, +in order to remonstrate with him on his frequent violations of their +privileges, the oppressions with which he had loaded them and all his +subjects [n], and the uncanonical and forced elections which were made +to vacant dignities. "It is true," replied the king, "I have been +somewhat faulty in this particular: I obtruded you, my Lord of +Canterbury, upon your see: I was obliged to employ both entreaties and +menaces, my Lord of Winchester, to have you elected: my proceedings, I +confess, were very irregular, my Lords of Salisbury and Carlisle, when +I raised you from the lowest stations to your present dignities: I am +determined henceforth to correct these abuses; and it will also become +you, in order to make a thorough reformation, to resign your present +benefices, and try to enter again in a more regular and canonical +manner [o]." The bishops, surprised at these unexpected sarcasms, +replied, that the question was not at present how to correct past +errors, but to avoid them for the future. The king promised redress +both of ecclesiastical and civil grievances; and the Parliament in +return agreed to grant him a supply, a tenth of the ecclesiastical +benefices, and a scutage of three marks on each knight's fee: but as +they had experienced his frequent breach of promise, they required +that he should ratify the great charter in a manner still more +authentic and more solemn than any which he had hitherto employed. +All the prelates and abbots were assembled: they held burning tapers +in their hands: the great charter was read before them: they denounced +the sentence of excommunication against every one who should +thenceforth violate that fundamental law: they threw their tapers on +the ground, and exclaimed, MAY THE SOUL OF EVERY ONE WHO INCURS THIS +SENTENCE SO STINK AND CORRUPT IN HELL! The king bore a part in this +ceremony, and subjoined, "So help me God, I will keep all these +articles inviolate, as I am a man, as I am a Christian, as I am a +knight, and as I am a king crowned and anointed [p]." Yet was the +tremendous ceremony no sooner finished, than his favourites, abusing +his weakness, made him return to the same arbitrary and irregular +administration; and the reasonable expectations of his people were +thus perpetually eluded and disappointed [q]. +[FN [m] M. Paris, p. 518, 558, 568. Chron. Dunst. vol. i. p. 293. +[n] M. Paris, p. 568. [o] Ibid. p. 579. [p] M. Paris, p. 580. Ann. +Burt. p. 323. Ann. Waverl. p. 210. W. Heming. p. 571. M. West. p. +353. [q] M. Paris, p. 597, 608.] + +[MN 1258. Simon de Montfort, Earl of Leicester.] +All these imprudent and illegal measures afforded a pretence to Simon +de Montfort, Earl of Leicester, to attempt an innovation in the +government, and to wrest the sceptre from the feeble and irresolute +hand which held it. This nobleman was a younger son of that Simon de +Montfort, who had conducted, with such valour and renown, the crusade +against the Albigenses, and who, though he tarnished his famous +exploits by cruelty and ambition, had left a name very precious to all +the bigots of that age, particularly to the ecclesiastics. A large +inheritance in England fell by succession to this family; but as the +elder brother enjoyed still more opulent possessions in France, and +could not perform fealty to two masters, he transferred his right to +Simon, his younger brother, who came over to England, did homage for +his lands, and was raised to the dignity of Earl of Leicester. In the +year 1238, he espoused Eleanor, dowager of William, Earl of Pembroke, +and sister to the king [r]; but the marriage of this princess with a +subject and a foreigner, though contracted with Henry's consent, was +loudly complained of by the Earl of Cornwall and all the barons of +England; and Leicester was supported against their violence by the +king's favour and authority alone [s]. But he had no sooner +established himself in his possessions and dignities, than he +acquired, by insinuation and address, a strong interest with the +nation, and gained equally the affections of all orders of men. He +lost, however, the friendship of Henry, from the usual levity and +fickleness of that prince; he was banished the court; he was recalled; +he was intrusted with the command of Guienne [t], where he did good +service and acquired honour; he was again disgraced by the king, and +his banishment from court seemed now final and irrevocable. Henry +called him traitor to his face: Leicester gave him the lie, and told +him, that if he were not his sovereign, he would soon make him repent +of that insult. Yet was this quarrel accommodated, either from the +good nature or timidity of the king; and Leicester was again admitted +into some degree of favour and authority. But as this nobleman was +become too great to preserve an entire complaisance to Henry's +humours, and to act in subserviency to his other minions, he found +more advantage in cultivating his interest with the public, and in +inflaming the general discontents which prevailed against the +administration. He filled every place with complaints against the +infringement of the great charter, the acts of violence committed on +the people, the combination between the pope and the king in their +tyranny and extortions, Henry's neglect of his native subjects and +barons; and though he himself a foreigner, he was more loud than any +in representing the indignity of submitting to the dominion of +foreigners. By his hypocritical pretensions to devotion, he gained +the favour of the zealots and clergy: by his seeming concern for +public good, he acquired the affections of the public: and besides the +private friendships which he had cultivated with the barons, his +animosity against the favourites created an union of interests between +him and that powerful order. +[FN [r] Ibid. p. 314. [s] M. Paris, p. 315. [t] Rymer, vol. i. p. +459, 513.] + +A recent quarrel, which broke out between Leicester and William de +Valence, Henry's half-brother, and chief favourite, brought matters to +extremity [u], and determined the former to give full scope to his +bold and unbounded ambition, which the laws and the king's authority +had hitherto with difficulty restrained. He secretly called a meeting +of the most considerable barons, particularly Humphrey de Bohun, high +constable, Roger Bigod, earl mareschal, and the Earls of Warwick and +Gloucester; men who by their family and possessions stood in the first +rank of the English nobility. He represented to this company the +necessity of reforming the state, and of putting the execution of the +laws into other hands than those which had hitherto appeared, from +repeated experience, so unfit for the charge with which they were +intrusted. He exaggerated the oppressions exercised against the lower +orders of the state, the violations of the barons' privileges, the +continued depredations made on the clergy; and in order to aggravate +the enormity of his conduct, he appealed to the great charter, which +Henry had so often ratified, and which was calculated to prevent for +ever the return of those intolerable grievances. He magnified the +generosity of their ancestors, who, at a great expense of blood, had +extorted that famous concession from the crown; but lamented their own +degeneracy, who allowed so important an advantage, once obtained, to +be wrested from them by a weak prince and by insolent strangers. And +he insisted, that the king's word, after so many submissions and +fruitless promises on his part, could no longer be relied on; and that +nothing but his absolute inability to violate national privileges +could henceforth ensure the regular observance of them. +[FN [u] M. Paris, p. 649.] + +These topics, which were founded in truth, and suited so well to the +sentiments of the company, had the desired effect; and the barons +embraced a resolution of redressing the public grievances, by taking +into their own hands the administration of government. Henry having +summoned a Parliament, in expectation of receiving supplies for his +Sicilian project, the barons appeared in the hall, clad in complete +armour, and with their swords by their side: the king on his entry, +struck with the unusual appearance, asked them what was their purpose, +and whether they intended to make him their prisoner [w]: Roger Bigod +replied, in the name of the rest, that he was not their prisoner, but +their sovereign; that they even intended to grant him large supplies, +in order to fix his son on the throne of Sicily; that they only +expected some return for this expense and service; and that, as he had +frequently made submissions to the Parliament, had acknowledged his +past errors, and had still allowed himself to be carried into the same +path, which gave them such just reason of complaint, he must now yield +to more strict regulations, and confer authority on those who were +able and willing to redress the national grievances. Henry, partly +allured by the hopes of supply, partly intimidated by the union and +martial appearance of the barons, agreed to their demand: and promised +to summon another Parliament at Oxford, in order to digest the new +plan of government, and to elect the persons who were to be intrusted +with the chief authority. +[FN [w] Annal. Theokesbury.] + +[MN 11th June. Provisions of Oxford.] +This Parliament, which the royalists, and even the nation, from +experience of the confusions that attended its measures, afterwards +denominated the MAD PARLIAMENT, met on the day appointed; and as all +the barons brought along with them their military vassals, and +appeared with an armed force, the king, who had taken no precautions +against them, was in reality a prisoner in their hands, and was +obliged to submit to all the terms which they were pleased to impose +upon him. Twelve barons were selected from among the king's +ministers; twelve more were chosen by Parliament: to these twenty- +four, unlimited authority was granted to reform the state; and the +king himself took an oath, that he would maintain whatever ordinances +they should think proper to enact for that purpose [x]. Leicester was +at the head of the supreme council, to which the legislative power was +thus in reality transferred; and all their measures were taken by his +secret influence and direction. Their first step bore a specious +appearance, and seemed well calculated for the end which they +professed to be the object of all these innovations: they ordered that +four knights should be chosen by each county; that they should make +inquiry into the grievances of which their neighbourhood had reason to +complain, and should attend the ensuing Parliament, in order to give +information to that assembly of the state of their particular counties +[y]: a nearer approach to our present constitution than had been made +by the barons in the reign of King John, when the knights were only +appointed to meet in their several counties, and there to draw up a +detail of their grievances. Meanwhile the twenty-four barons +proceeded to enact some regulations as a redress of such grievances as +were supposed to be sufficiently notorious. They ordered that three +sessions of Parliament should be regularly held every year in the +months of February, June, and October; that a new sheriff should be +annually elected by the votes of the freeholders in each county [z]; +that the sheriffs should have no power of fining the barons who did +not attend their courts, or the circuits of the justiciaries; that no +heirs should be committed to the wardship of foreigners, and no +castles intrusted to their custody; and that no new warrens or forests +should be created, nor the revenues of any counties or hundreds be let +to farm. Such were the regulations which the twenty-four barons +established at Oxford, for the redress of public grievances. +[FN [x] Rymer, vol. i. p. 655. Chron. Dunst. vol. i. p. 334. +Knyghton, p. 2445. [y] M. Paris, p. 657. Addit. p. 140. Ann. Burt. +p. 412. [z] Chron. Dunst. vol. i. p. 336.] + +But the Earl of Leicester and his associates, having advanced so far +to satisfy the nation, instead of continuing in this popular course, +or granting the king that supply which they had promised him, +immediately provided for the extension and continuance of their own +authority. They roused anew the popular clamour which had long +prevailed against foreigners; and they fell with the utmost violence +on the king's half-brothers, who were supposed to be the authors of +all national grievances, and whom Henry had no longer any power to +protect. The four brothers, sensible of their danger, took to flight, +with an intention of making their escape out of the kingdom; they were +eagerly pursued by the barons; Aymer, one of the brothers, who had +been elected to the see of Winchester, took shelter in his episcopal +palace, and carried the others along with him; they were surrounded in +that place, and threatened to be dragged out by force, and to be +punished for their crimes and misdemeanors; and the king, pleading the +sacredness of an ecclesiastical sanctuary, was glad to extricate them +from this danger by banishing them the kingdom. In this act of +violence, as well as in the former usurpations of the barons, the +queen and her uncles were thought to have secretly concurred; being +jealous of the credit acquired by the brothers, which they found had +eclipsed and annihilated their own. + +[MN Usurpations of the barons.] +But the subsequent proceedings of the twenty-four barons were +sufficient to open the eyes of the nation, and to prove their +intention of reducing for ever both the king and the people under the +arbitrary power of a very narrow aristocracy, which must at last have +terminated either in anarchy, or in a violent usurpation and tyranny. +They pretended that they had not yet digested all the regulations +necessary for the reformation of the state and for the redress of +grievances; and they must still retain their power, till that great +purpose were thoroughly effected: in other words, that they must be +perpetual governors, and must continue to reform, till they were +pleased to abdicate their authority. They formed an association among +themselves, and swore that they would stand by each other with their +lives and fortunes; they displaced all the chief officers of the +crown, the justiciary, the chancellor, the treasurer; and advanced +either themselves or their own creatures in their place: even the +officers of the king's household were disposed of at their pleasure: +the government of all the castles was put into hands in whom they +found reason to confide: and the whole power of the state being thus +transferred to them, they ventured to impose an oath, by which all the +subjects were obliged to swear, under the penalty of being declared +public enemies, that they would obey and execute all the regulations, +both known and unknown, of the twenty-four barons; and all this for +the greater glory of God, the honour of the church, the service of the +king, and the advantage of the kingdom [a]. No one dared to withstand +this tyrannical authority. Prince Edward himself, the king's eldest +son, a youth of eighteen, who began to give indications of that great +and manly spirit which appeared throughout the whole course of his +life, was, after making some opposition, constrained to take that oath +which really deposed his father and his family from sovereign +authority [b]. Earl Warrenne was the last person in the kingdom that +could be brought to give the confederated barons this mark of +submission. +[FN [a] Chron T. Wykes, p. 52. [b] Ann. Burt. p. 411.] + +But the twenty-four barons, not content with the usurpation of the +royal power, introduced an innovation in the constitution of +Parliament, which was of the utmost importance. They ordained that +this assembly should choose a committee of twelve persons, who should, +in the intervals of the sessions, possess the authority of the whole +Parliament, and should attend, on a summons, the person of the king in +all his motions. But so powerful were these barons, that this +regulation was also submitted to; the whole government was overthrown, +or fixed on new foundations; and the monarchy was totally subverted, +without its being possible for the king to strike a single stroke in +defence of the constitution against the newly-elected oligarchy. + +[MN 1259.] The report that the King of the Romans intended to pay a +visit to England gave alarm to the ruling barons, who dreaded lest the +extensive influence and established authority of that prince would be +employed to restore the prerogatives of his family, and overturn their +plan of government [c]. They sent over the Bishop of Worcester, who +met him at St. Omars; asked him, in the name of the barons, the reason +of his journey, and how long he intended to stay in England; and +insisted that, before he entered the kingdom, he should swear to +observe the regulations established at Oxford. On Richard's refusal +to take this oath, they prepared to resist him as a public enemy; they +fitted out a fleet, assembled an army, and exciting the inveterate +prejudices of the people against foreigners, from whom they had +suffered so many oppressions, spread the report that Richard, attended +by a number of strangers, meant to restore by force the authority of +his exiled brothers, and to violate all the securities provided for +public liberty. The King of the Romans was at last obliged to submit +to the terms required of him [d]. +[FN [c] M. Paris, p. 661. [d] Ibid. p. 661, 662. Chron. T. Wykes, p. +53.] + +But the barons, in proportion to their continuance in power, began +gradually to lose that popularity which had assisted them in obtaining +it; and men repined that regulations, which were occasionally +established for the reformation of the state, were likely to become +perpetual, and to subvert entirely the ancient constitution. They +were apprehensive lest the power of the nobles, always oppressive, +should now exert itself without control, by removing the counterpoise +of the crown; and their fears were increased by some new edicts of the +barons, which were plainly calculated to procure to themselves an +impunity in all their violences. They appointed that the circuits of +the itinerant justices, the sole check on their arbitrary conduct, +should be held only once in seven years; and men easily saw that a +remedy, which returned after such long intervals against an oppressive +power, which was perpetual, would prove totally insignificant and +useless [e]. The cry became loud in the nation, that the barons +should finish their intended regulations. The knights of the shires, +who seem now to have been pretty regularly assembled, and sometimes in +a separate house, made remonstrances against the slowness of their +proceedings. They represented that, though the king had performed all +the conditions required of him, the barons had hitherto done nothing +for the public good, and had only been careful to promote their own +private advantage, and to make inroads on the royal authority; and +they even appealed to Prince Edward, and claimed his interposition for +the interests of the nation and the reformation of the government [f]. +The prince replied, that though it was from constraint, and contrary +to his private sentiments, he had sworn to maintain the provisions of +Oxford, he was determined to observe his oath: but he sent a message +to the barons, requiring them to bring their undertaking to a speedy +conclusion, and fulfil their engagements to the public: otherwise he +menaced them, that, at the expense of his life, he would oblige them +to do their duty, and would shed the last drop of his blood in +promoting the interests, and satisfying the just wishes of the nation +[g]. +[FN [e] M. Paris, p. 667. Trivet, p. 209. [f] Annal. Burt. p. 427. +[g] Id. ibid.] + +The barons, urged by so pressing a necessity, published at last a new +code of ordinances for the reformation of the state [h]; but the +expectations of the people were extremely disappointed, when they +found that these consisted only of some trivial alterations in the +municipal law, and still more, when the barons pretended that the task +was not yet finished, and that they must farther prolong their +authority, in order to bring the work of reformation to the desired +period. The current of popularity was now much turned to the side of +the crown; and the barons had little to rely on for their support, +besides the private influence and power of their families, which, +though exorbitant, was likely to prove inferior to the combination of +king and people. Even this basis of power was daily weakened by their +intestine jealousies and animosities; their ancient and inveterate +quarrels broke out when they came to share the spoils of the crown; +and the rivalship between the Earls of Leicester and Gloucester, the +chief leaders among them, began to disjoint the whole confederacy. +The latter, more moderate in his pretensions, was desirous of stopping +or retarding the career of the barons' usurpations; but the former, +enraged at the opposition which he met with in his own party, +pretended to throw up all concern in English affairs, and he retired +into France [i]. +[FN [h] Ann. Burt. p. 428, 439. [i] Chron. Dunst. vol. i. p. 348.] + +The kingdom of France, the only state with which England had any +considerable intercourse, was at this time governed by Lewis IX., a +prince of the most singular character that is to be met with in all +the records of history. This monarch united, to the mean and abject +superstition of a monk, all the courage and magnanimity of the +greatest hero; and, what may be deemed more extraordinary, the justice +and integrity of a disinterested patriot, the mildness and humanity of +an accomplished philosopher. So far from taking advantage of the +divisions among the English, or attempting to expel those dangerous +rivals from the provinces which they still possessed in France, he had +entertained many scruples with regard to the sentence of attainder +pronounced against the king's father, had even expressed some +intention of restoring the other provinces, and was only prevented +from taking that imprudent resolution by the united remonstrances of +his own barons, who represented the extreme danger of such a measure +[k], and, what had a greater influence on Lewis, the justice of +punishing, by a legal sentence, the barbarity and felony of John. +Whenever this prince interposed in English affairs, it was always with +an intention of composing the differences between the king and his +nobility; he recommended to both parties every peaceable and +reconciling measure; and he used all his authority with the Earl of +Leicester, his native subject, to bend him to compliance with Henry. +[MN 20th May.] He made a treaty with England, at a time when the +distractions of that kingdom were at the greatest height, and when the +king's authority was totally annihilated; and the terms which he +granted might, even in a more prosperous state of their affairs, be +deemed reasonable and advantageous to the English. He yielded up some +territories which had been conquered from Poictou and Guienne; he +ensured the peaceable possession of the latter province to Henry; he +agreed to pay that prince a large sum of money; and he only required +that the king should, in return, make a final cession of Normandy and +the other provinces, which he could never entertain any hopes of +recovering by force of arms [l]. This cession was ratified by Henry, +by his two sons, and two daughters, and by the King of the Romans and +his three sons: Leicester alone, either moved by a vain arrogance, or +desirous to ingratiate himself with the English populace, protested +against the deed, and insisted on the right, however distant, which +might accrue to his consort [m]. Lewis saw, in his obstinacy, the +unbounded ambition of the man; and as the barons insisted that the +money due by treaty should be at their disposal, not at Henry's, he +also saw, and probably with regret, the low condition to which this +monarch, who had more erred from weakness than from any bad intention, +was reduced by the turbulence of his own subjects. +[FN [k] M. Paris, p. 604. [l] Rymer, vol. i. p. 675. M. Paris, p. +566. Chron. T. Wykes, p. 53. Trivet, p. 208. M. West. p. 371. [m] +Chron. T. Wykes, p. 53.] + +[MN 1261.] But the situation of Henry soon after wore a more +favourable aspect. The twenty-four barons had now enjoyed the +sovereign power near three years; and had visibly employed it, not for +the reformation of the state, which was their first pretence, but for +the aggrandizement of themselves and of their families. The breach of +trust was apparent to all the world: every order of men felt it, and +murmured against it: the dissensions among the barons themselves, +which increased the evil, made also the remedy more obvious and easy; +and the secret desertion, in particular, of the Earl of Gloucester to +the crown, seemed to promise Henry certain success in any attempt to +resume his authority. Yet durst he not take that step, so +reconcilable both to justice and policy, without making a previous +application to Rome, and desiring an absolution from his oaths and +engagements [n]. +[FN [n] Ann. Burt. p. 389.] + +The pope was at this time much dissatisfied with the conduct of the +barons, who, in order to gain the favour of the people and clergy of +England, had expelled all the Italian ecclesiastics, had confiscated +their benefices, and seemed determined to maintain the liberties and +privileges of the English church, in which the rights of patronage, +belonging to their own families, were included. The extreme animosity +of the English clergy against the Italians was also a source of his +disgust to this order; and an attempt, which had been made by them for +farther liberty and greater independence on the civil power, was +therefore less acceptable to the court of Rome [o]. About the same +time that the barons at Oxford had annihilated the prerogatives of the +monarchy, the clergy met in a synod at Merton, and passed several +ordinances, which were no less calculated to promote their own +grandeur at the expense of the crown. They decreed, that it was +unlawful to try ecclesiastics by secular judges; that the clergy were +not to regard any prohibitions from civil courts; that lay patrons had +no right to confer spiritual benefices; that the magistrate was +obliged, without farther inquiry, to imprison all excommunicated +persons; and that ancient usage, without any particular grant or +charter, was a sufficient authority for any clerical possessions or +privileges [p]. About a century before, these claims would have been +supported by the court of Rome beyond the most fundamental articles of +faith: they were the chief points maintained by the great martyr, +Becket; and his resolution in defending them had exalted him to the +high station which he held in the catalogue of Romish saints. But +principles were changed with the times: the pope was become somewhat +jealous of the great independence of the English clergy, which made +them stand less in need of his protection, and even imboldened them to +resist his authority, and to complain of the preference given to the +Italian courtiers, whose interests, it is natural to imagine, were the +chief object of his concern. He was ready, therefore, on the king's +application, to annul these new constitutions of the church of England +[q]. And, at the same time, he absolved the king, and all his +subjects, from the oath which they had taken to observe the provisions +of Oxford [r]. +[FN [o] Rymer, vol. i. p. 755. [p] Ann. Burt. p. 389. [q] Rymer, +vol. i. p. 755. [r] Ibid. p. 722. M. Paris, p. 666. W. Heming. p. +580. Ypod. Neust. p. 463. Knyghton, p. 2446.] + +[MN Prince Edward.] +Prince Edward, whose liberal mind, though in such early youth, had +taught him the great prejudice which his father had incurred, by his +levity, inconstancy, and frequent breach of promise, refused for a +long time to take advantage of this absolution; and declared, that the +provisions of Oxford, how unreasonable soever in themselves, and how +much soever abused by the barons, ought still to be adhered to by +those who had sworn to observe them [s]: he himself had been +constrained by violence to take that oath; yet he was determined to +keep it. By this scrupulous fidelity, the prince acquired the +confidence of all parties, and was afterwards enabled to recover fully +the royal authority, and to perform such great actions, both during +his own reign and that of his father. +[FN [s] M. Paris, p. 667.] + +The situation of England, during this period, as well as that of most +European kingdoms, was somewhat peculiar. There was no regular +military force maintained in the nation: the sword, however, was not, +properly speaking, in the hands of the people: the barons were alone +intrusted with the defence of the community; and after any effort +which they made, either against their own prince or against +foreigners, as the military retainers departed home, the armies were +disbanded, and could not speedily be re-assembled at pleasure. It was +easy, therefore, for a few barons, by a combination, to get the start +of the other party, to collect suddenly their troops, and to appear +unexpectedly in the field with an army, which their antagonists, +though equal, or even superior in power and interest, would not dare +to encounter. Hence the sudden revolutions which often took place in +those governments: hence the frequent victories obtained, without a +blow, by one faction over the other: and hence it happened, that the +seeming prevalence of a party was seldom a prognostic of its long +continuance in power and authority. + +[MN 1262.] The king, as soon as he received the pope's absolution +from his oath, accompanied with menaces of excommunication against all +opponents, trusting to the countenance of the church, to the support +promised him by many considerable barons, and to the returning favour +of the people, immediately took off the mask. After justifying his +conduct by a proclamation, in which he set forth the private ambition, +and the breach of trust, conspicuous in Leicester and his associates, +he declared, that he had resumed the government, and was determined +thenceforth to exert the royal authority for the protection of his +subjects. He removed Hugh le Despenser and Nicholas de Ely, the +justiciary and chancellor appointed by the barons; and put Philip +Basset and Walter de Merton in their place. He substituted new +sheriffs in all the counties, men of character and honour: he placed +new governors in most of the castles: he changed all the officers of +his household: [MN 23d April.] he summoned a Parliament, in which the +resumption of his authority was ratified, with only five dissenting +voices: and the barons, after making one fruitless effort to take the +king by surprise at Winchester, were obliged to acquiesce in those new +regulations [t]. +[FN [t] M. Paris, p. 668. Chron. T. Wykes, p. 55.] + +The king, in order to cut off every objection to his conduct, offered +to refer all the differences between him and the Earl of Leicester, +to Margaret, Queen of France [u]. The celebrated integrity of Lewis +gave a mighty influence to any decision which issued from his court; +and Henry probably hoped, that the gallantry, on which all barons, as +true knights, valued themselves, would make them ashamed not to submit +to the award of that princess. Lewis merited the confidence reposed +in him. By an admirable conduct, probably as political as just, he +continually interposed his good offices to allay the civil discords of +the English: he forwarded all healing measures, which might give +security to both parties: and he still endeavoured, though in vain, to +soothe, by persuasion, the fierce ambition of the Earl of Leicester, +and to convince him how much it was his duty to submit peaceably to +the authority of his sovereign. +[FN [u] Rymer, vol. i. p. 724.] + +[MN 1263.] That bold and artful conspirator was nowise discouraged by +the bad success of his past enterprises. The death of Richard, Earl +of Gloucester, who was his chief rival in power, and who, before his +decease, had joined the royal party, seemed to open a new field to his +violence, and to expose the throne to fresh insults and injuries. It +was in vain that the king professed his intentions of observing +strictly the great charter, even of maintaining all the regulations +made by the reforming barons at Oxford or afterwards, except those +which entirely annihilated the royal authority: these powerful +chieftains, now obnoxious to the court, could not peaceably resign the +hopes of entire independence and uncontrolled power, with which they +had flattered themselves, and which they had so long enjoyed. [MN +Civil wars of the barons.] Many of them engaged in Leicester's views; +and among the rest, Gilbert, the young Earl of Gloucester, who brought +him a mighty accession of power, from the extensive authority +possessed by that opulent family. Even Henry, son of the King of the +Romans, commonly called Henry d'Allmaine, though a prince of the +blood, joined the party of the barons against the king, the head of +his own family. Leicester himself, who still resided in France, +secretly formed the links of this great conspiracy, and planned the +whole scheme of operations. + +The princes of Wales, notwithstanding the great power of the monarchs, +both of the Saxon and Norman line, still preserved authority in their +own country. Though they had often been constrained to pay tribute to +the crown of England, they were with difficulty retained in +subordination, or even in peace; and almost through every reign since +the Conquest, they had infested the English frontiers with such petty +incursions and sudden inroads, as seldom merit to have place in a +general history. The English, still content with repelling their +invasions, and chasing them back into their mountains, had never +pursued the advantages obtained over them, nor been able, even under +their greatest and most active princes, to fix a total, or so much as +a feudal subjection on the country. This advantage was reserved to +the present king, the weakest and most indolent. In the year 1237, +Lewellyn, Prince of Wales, declining in years, and broken with +infirmities, but still more harassed with the rebellion and undutiful +behaviour of his youngest son, Griffin, had recourse to the protection +of Henry; and consenting to subject his principality, which had so +long maintained, or soon recovered, its independence, to vassalage +under the crown of England, had purchased security and tranquillity on +these dishonourable terms. His eldest son and heir, David, renewed +the homage to England; and having taken his brother prisoner, +delivered him into Henry's hands, who committed him to custody in the +Tower. That prince, endeavouring to make his escape, lost his life in +the attempt; and the Prince of Wales, freed from the apprehensions of +so dangerous a rival, paid thenceforth less regard to the English +monarch, and even renewed those incursions, by which the Welsh, during +so many ages, had been accustomed to infest the English borders. +Lewellyn, however, the son of Griffin, who succeeded to his uncle, had +been obliged to renew the homage, which was now claimed by England as +an established right; but he was well pleased to inflame those civil +discords, on which he rested his present security, and founded his +hopes of future independence. He entered into a confederacy with the +Earl of Leicester, and collecting all the force of his principality, +invaded England with an army of thirty thousand men. He ravaged the +lands of Roger de Mortimer, and of all the barons who adhered to the +crown [w]; he marched into Cheshire, and committed like depredations +on Prince Edward's territories; every place where his disorderly +troops appeared was laid waste with fire and sword; and though +Mortimer, a gallant and expert soldier, made stout resistance, it was +found necessary that the prince himself should head the army against +this invader. Edward repulsed Prince Lewellyn, and obliged him to +take shelter in the mountains of North Wales: but he was prevented +from making farther progress against the enemy, by the disorders which +soon after broke out in England. +[FN [w] Chron. Dunst. vol. i. p. 354.] + +The Welsh invasion was the appointed signal for the malecontent barons +to rise in arms, and Leicester, coming over secretly from France, +collected all the forces of his party, and commenced an open +rebellion. He seized the person of the Bishop of Hereford; a prelate +obnoxious to all the inferior clergy, on account of his devoted +attachment to the court of Rome [x]. Simon, Bishop of Norwich, and +John Mansel, because they had published the pope's bull, absolving the +king and kingdom from their oaths to observe the provisions of Oxford, +were made prisoners, and exposed to the rage of the party. The king's +demesnes were ravaged with unbounded fury [y]: and as it was +Leicester's interest to allure to his side, by the hopes of plunder, +all the disorderly ruffians in England, he gave them a general licence +to pillage the barons of the opposite party, and even all neutral +persons. But one of the principal resources of his faction was the +populace of the cities, particularly of London; and as he had, by his +hypocritical pretensions to sanctity, and his zeal against Rome, +engaged the monks and lower ecclesiastics in his party, his dominion +over the inferior ranks of men became uncontrollable. Thomas +Fitz-Richard, Mayor of London, a furious and licentious man, gave the +countenance of authority to these disorders in the capital; and having +declared war against the substantial citizens, he loosened all the +bands of government, by which that turbulent city was commonly but ill +restrained. On the approach of Easter, the zeal of superstition, the +appetite for plunder, or what is often as prevalent with the populace +as either of these motives, the pleasure of committing havoc and +destruction, prompted them to attack the unhappy Jews, who were first +pillaged without resistance, then massacred to the number of five +hundred persons [z]. The Lombard bankers wore next exposed to the +rage of the people; and though, by taking sanctuary in the churches, +they escaped with their lives, all their money and goods became a prey +to the licentious multitude. Even the houses of the rich citizens, +though English, were attacked by night; and way was made by sword and +by fire to the pillage of their goods, and often to the destruction of +their persons. The queen, who, though defended by the Tower, was +terrified by the neighbourhood of such dangerous commotions, resolved +to go by water to the castle of Windsor; but as she approached the +bridge, the populace assembled against her: the cry ran, DROWN THE +WITCH; and besides abusing her with the most opprobrious language, and +pelting her with rotten eggs and dirt, they had prepared large stones +to sink her barge, when she should attempt to shoot the bridge; and +she was so frightened, that she returned to the Tower [a]. +[FN [x] Trivet, p. 211. M. West. p. 382, 392. [y] Trivet, p. 211. +M. West. p. 382. [z] Chron. T. Wykes, p. 59. [a] Ibid. p. 57.] + +The violence and fury of Leicester's faction had risen to such a +height in all parts of England, that the king, unable to resist their +power, was obliged to set on foot a treaty of peace; and to make an +accommodation with the barons on the most disadvantageous terms [b]. +[MN July.] He agreed to confirm anew the provisions of Oxford, even +those which entirely annihilated the royal authority; and the barons +were again reinstated in the sovereignty of the kingdom. They +restored Hugh le Despenser to the office of chief justiciary; they +appointed their own creatures sheriffs in every county in England; +they took possession of all the royal castles and fortresses; they +even named all the officers of the king's household; and they summoned +a Parliament to meet at Westminster, in order to settle more fully +their plan of government. [MN 1263. 14th Oct.] They here produced a +new list of twenty-four barons, to whom they proposed that the +administration should be entirely committed; and they insisted that +the authority of this junto should continue, not only during the reign +of the king, but also during that of Prince Edward. +[FN [b] Chron. Dunst. vol. i. p. 358. Trivet, p. 211.] + +This prince, the life and soul of the royal party, had unhappily, +before the king's accommodation with the barons, been taken prisoner +by Leicester in a parley at Windsor [c]; and that misfortune, more +than any other incident, had determined Henry to submit to the +ignominious conditions imposed upon him. But Edward, having recovered +his liberty by the treaty, employed his activity in defending the +prerogatives of his family; and he gained a great party even among +those who had at first adhered to the cause of the barons. His cousin +Henry d'Allmaine, Roger Bigod, earl marshal, Earl Warrenne, Humphrey +Bohun, Eaff of Hereford, John Lord Basset, Ralph Basset, Hammond +l'Estrange, Roger Mortimer, Henry de Piercy, Robert do Brus, Roger de +Leybourne, with almost all the lords marchers, as they were called, on +the borders of Wales and of Scotland, the most warlike parts of the +kingdom, declared in favour of the royal cause; and hostilities, which +were scarcely well composed, were again renewed in every part of +England. But the near balance of the parties, joined to the universal +clamour of the people, obliged the king and barons to open anew the +negotiations for peace; and it was agreed, by both sides, to submit +their differences to the arbitration of the King of France [d]. +[FN [c] M. Paris, p. 669. Trivet, p. 213. [d] M. Paris, p. 668. +Chron. T. Wykes, p. 58. W. Heming, p. 580. Chron Dunst. vol. i. p. +363.] + +[MN Reference to the King of France.] +This virtuous prince, the only man who, in like circumstances, could +safely have been intrusted with such an authority by a neighbouring +nation, had never ceased to interpose his good offices between the +English factions; and had even, during the short interval of peace, +invited over to Paris both the king and the Earl of Leicester, in +order to accommodate the differences between them; but found, that the +fears and animosities on both sides, as well as the ambition of +Leicester, were so violent, as to render all his endeavours +ineffectual. But when this solemn appeal, ratified by the oaths and +subscriptions of the leaders in both factions, was made to his +judgment, he was not discouraged from pursuing his honourable purpose: +[MN 1264.] he summoned the states of France at Amiens; and there, in +the presence of that assembly, as well as in that of the King of +England, and Peter de Montfort, Leicester's son, he brought this great +cause to a trial and examination. It appeared to him, that the +provisions of Oxford, even had they not been extorted by force, had +they not been so exorbitant in their nature, and subversive of the +ancient constitution, were expressly established as a temporary +expedient, and could not, without breach of trust, be rendered +perpetual by the barons. [MN 23d Jan.] He therefore annulled these +provisions; restored to the king the possession of his castles, and +the power of nomination to the great offices; allowed him to retain +what foreigners he pleased in his kingdom, and even to confer on them +places of trust and dignity; and, in a word, re-established the royal +power in the same condition on which it stood before the meeting of +the Parliament at Oxford. But while he thus suppressed dangerous +innovations, and preserved unimpaired the prerogatives of the English +crown, he was not negligent of the rights of the people; and besides +ordering that a general amnesty should be granted for all past +offences, he declared that his award was not anywise meant to derogate +from the privileges and liberties which the nation enjoyed by any +former concessions or charters of the crown [e]. +[FN [e] Rymer, vol. i. p. 776, 777, &c. Chron. T. Wykes, p. 58. +Knyghton, p. 2446.] + +This equitable sentence was no sooner known in England, than Leicester +and his confederates determined to reject it, and to have recourse to +arms, in order to procure to themselves more safe and advantageous +conditions [f]. [MN Renewal of the civil wars.] Without regard to +his oaths and subscriptions, that enterprising conspirator directed +his two sons, Richard and Peter de Montfort, in conjunction with +Robert de Ferrars, Earl of Derby, to attack the city of Worcester; +while Henry and Simon de Montfort, two others of his sons, assisted by +the Prince of Wales, were ordered to lay waste the estate of Roger de +Mortimer. He himself resided at London; and employing, as his +instrument, Fitz-Richard, the seditious mayor, who had violently and +illegally prolonged his authority, he wrought up that city to the +highest ferment and agitation. The populace formed themselves into +bands and companies; chose leaders; practised all military exercises; +committed violence on the royalists; and to give them greater +countenance in their disorders, an association was entered into +between the city and eighteen great barons, never to make peace with +the king but by common consent and approbation. At the head of those +who swore to maintain this association were the Earls of Leicester, +Gloucester, and Derby, with le Despenser, the chief justiciary; men +who had all previously sworn to submit to the award of the French +monarch. Their only pretence for this breach of faith was, that the +latter part of Lewis's sentence was, as they affirmed, a contradiction +to the former: he ratified the charter of liberties, yet annulled the +provisions of Oxford; which were only calculated, as they maintained, +to preserve that charter; and without which, in their estimation, they +had no security for its observance. +[FN [f] Chron. Dunst. vol. i. p. 363.] + +The king and prince finding a civil war inevitable, prepared +themselves for defence; and summoning the military vassals from all +quarters, and being reinforced by Baliol, Lord of Galloway, Brus, Lord +of Annandale, Henry Piercy, John Comyn [g], and other barons of the +north, they composed an army, formidable, as well from its numbers as +its military prowess and experience. The first enterprise of the +royalists was the attack of Northampton, which was defended by Simon +de Montfort, with many of the principal barons of that party; and a +breach being made in the walls by Philip Basset, the place was carried +by assault, and both the governor and the garrison were made +prisoners. [MN 5th April.] The royalists marched thence to Leicester +and Nottingham; both which places having opened their gates to them, +Prince Edward proceeded with a detachment into the county of Derby, in +order to ravage with fire and sword the lands of the earl of that +name, and take revenge on him for his disloyalty. Like maxims of war +prevailed with both parties throughout England; and the kingdom was +thus exposed in a moment to greater devastation, from the animosities +of the rival barons, than it would have suffered from many years of +foreign or even domestic hostilities, conducted by more humane and +more generous principles. +[FN [g] Rymer, vol. i. p 772. M. West. p. 385. Ypod. Neust. p. 469.] + +The Earl of Leicester, master of London, and of the counties in the +south-east of England, formed the siege of Rochester, which alone +declared for the king in those parts, and which, besides Earl +Warrenne, the governor, was garrisoned by many noble and powerful +barons of the royal party. The king and prince hastened from +Nottingham, where they were then quartered, to the relief of the +place; and on their approach, Leicester raised the siege, and +retreated to London, which, being the centre of his power, he was +afraid might, in his absence, fall into the king's hands, either by +force, or by a correspondence with the principal citizens, who were +all secretly inclined to the royal cause. Reinforced by a great body +of Londoners, and having summoned his partisans from all quarters, he +thought himself strong enough to hazard a general battle with the +royalists, and to determine the fate of the nation in one great +engagement; which, if it proved successful, must be decisive against +the king, who had no retreat for his broken troops in those parts; +while Leicester himself, in case of any sinister accident, could +easily take shelter in the city. To give the better colouring to his +cause, he previously sent a message with conditions of peace to Henry, +submissive in the language, but exorbitant in the demands [h]; and +when the messenger returned with the lie and defiance from the king, +the prince, and the King of the Romans, he sent a new message, +renouncing in the name of himself and of the associated barons, all +fealty and allegiance to Henry. He then marched out of the city, with +his army divided into four bodies: the first commanded by his two +sons, Henry and Guy de Montfort, together with Humphrey de Bohun, Earl +of Hereford, who had deserted to the barons; the second led by the +Earl of Gloucester, with William de Montchesney and John Fitz-John; +the third, composed of Londoners, under the command of Nicholas de +Segrave; the fourth headed by himself in person. The Bishop of +Chichester gave a general absolution to the army, accompanied with +assurances that, if any of them fell in the ensuing action, they would +infallibly be received into heaven, as the reward of their suffering +in so meritorious a cause. +[FN [h] M. Paris, p. 669. W. Heming. p. 583.] + +[MN Battle of Lewes. 14th May.] +Leicester, who possessed great talents for war, conducted his march +with such skill and secrecy, that he had well nigh surprised the +royalists in their quarters at Lewes in Sussex: but the vigilance and +activity of Prince Edward soon repaired this negligence; and he led +out the king's army to the field in three bodies. He himself +conducted the van, attended by Earl Warrenne and William de Valence: +the main body was commanded by the King of the Romans and his son +Henry: the king himself was placed in the rear at the head of his +principal nobility. Prince Edward rushed upon the Londoners, who had +demanded the post of honour in leading the rebel army, but who, from +their ignorance of discipline and want of experience, were ill fitted +to resist the gentry and military men, of whom the prince's body was +composed. They were broken in an instant; were chased off the field; +and Edward, transported by his martial ardour, and eager to revenge +the insolence of the Londoners against his mother [i], put them to the +sword for the length of four miles, without giving them any quarter, +and without reflecting on the fate which in the mean time attended the +rest of the army. The Earl of Leicester, seeing the royalists thrown +into confusion by their eagerness in the pursuit, led on his remaining +troops against the bodies commanded by the two royal brothers: he +defeated, with great slaughter, the forces headed by the King of the +Romans; and that prince was obliged to yield himself prisoner to the +Earl of Gloucester; he penetrated to the body where the king himself +was placed, threw it into disorder, pursued his advantage, chased it +into the town of Lewes, and obliged Henry to surrender himself +prisoner [k]. +[FN [i] M. Paris, p. 670. Chron. T. Wykes, p. 62. W. Heming. p. 583. +M. West. p. 387. Ypod. Neust. p. 469. H. Knyghton, p. 2450. [k] M. +Paris, p. 670. M. West. p. 387.] + +Prince Edward, returning to the field of battle from his precipitate +pursuit of the Londoners, was astonished to find it covered with the +dead bodies of his friends and still more to hear, that his father and +uncle were defeated and taken prisoners, and that Arundel, Comyn Brus, +Hamond L'Estrange, Roger Leybourne, and many considerable barons of +his party, were in the hands of the victorious enemy. Earl Warrenne, +Hugh Bigod, and William de Valence, struck with despair at this event, +immediately took to flight, hurried to Pevensey, and made their escape +beyond sea [l]: but the prince, intrepid amidst the greatest +disasters, exhorted his troops to revenge the death of their friends, +to relieve the royal captives, and to snatch an easy conquest from an +enemy disordered by their own victory [m]. He found his followers +intimidated by their situation; while Leicester, afraid of a sudden +and violent blow from the prince, amused him by a feigned negotiation, +till he was able to recall his troops from the pursuit, and to bring +them into order [n]. There now appeared no farther resource to the +royal party, surrounded by the armies and garrisons of the enemy, +destitute of forage and provisions, and deprived of their sovereign, +as well as of their principal leaders, who could alone inspirit them +to an obstinate resistance. The prince, therefore, was obliged to +submit to Leicester's terms, which were short and severe, agreeably to +the suddenness and necessity of the situation: he stipulated, that he +and Henry d'Allmaine should surrender themselves prisoners as pledges +in lieu of the two kings; that all other prisoners on both sides +should be released [o]; and that, in order to settle fully the terms +of agreement, application should be made to the King of France, that +he should name six Frenchmen, three prelates, and three noblemen: +these six to choose two others of their own country; and these two to +choose one Englishman, who, in conjunction with themselves, were to be +invested by both parties with full powers to make what regulations +they thought proper for the settlement of the kingdom. The prince and +young Henry accordingly delivered themselves into Leicester's hands, +who sent them under a guard to Dover castle. Such are the terms of +agreement commonly called the MISE of Lewes, from an obsolete French +term of that meaning: for it appears, that all the gentry and nobility +of England, who valued themselves on their Norman extraction, and who +disdained the language of their native country, made familiar use of +the French tongue till this period, and for some time after. +[FN [l] Chron. T. Wykes, p. 63. [m] W. Heming. p. 584. [n] Ibid. +[o] M. Paris, p. 671 Knyghton, p. 2451.] + +Leicester had no sooner obtained this great advantage, and gotten the +whole royal family in his power, than he openly violated every article +of the treaty, and acted as sole master, and even tyrant of the +kingdom. He still detained the king in effect a prisoner, and made +use of that prince's authority to purposes the most prejudicial to his +interests, and the most oppressive of his people [p]. He every where +disarmed the royalists, and kept all his own partisans in a military +posture [q]: he observed the same partial conduct in the deliverance +of the captives, and even threw many of the royalists into prison, +besides those who were taken in the battle of Lewes: he carried the +king from place to place, and obliged all the royal castles, on +pretence of Henry's commands, to receive a governor and garrison of +his own appointment: all the officers of the crown and of the +household were named by him; and the whole authority, as well as arms +of the state, was lodged in his hands: he instituted in the counties a +new kind of magistracy, endowed with new and arbitrary powers, that of +conservators of the peace [r]: his avarice appeared bare-faced, and +might induce us to question the greatness of his ambition, at least +the largeness of his mind, if we had not reason to think, that he +intended to employ his acquisitions as the instruments for attaining +farther power and grandeur. He seized the estates of no less than +eighteen barons, as his share of the spoil gained in the battle of +Lewes: he engrossed to himself the ransom of all the prisoners; and +told his barons, with a wanton insolence, that it was sufficient for +them that he had saved them, by that victory, from the forfeitures +and attainders which hung over them [s]: he even treated the Earl of +Gloucester in the same injurious manner, and applied to his own use +the ransom of the King of the Romans, who, in the field of battle, had +yielded himself prisoner to that nobleman. Henry, his eldest son, +made a monopoly of all the wool in the kingdom, the only valuable +commodity for foreign markets which it at that time produced [t]. The +inhabitants of the cinque-ports, during the present dissolution of +government, betook themselves to the most licentious piracy, preyed on +the ships of all nations, threw the mariners into the sea, and, by +these practices, soon banished all merchants from the English coasts +and harbours. Every foreign commodity rose to an exorbitant price; +and woollen cloth, which the English had not then the art of dyeing, +was worn by them white, and without receiving the last hand of the +manufacturer. In answer to the complaints which arose on this +occasion, Leicester replied, that the kingdom could well enough +subsist within itself, and needed no intercourse with foreigners; and +it was found that he even combined with the pirates of the +cinque-ports, and received as his share the third of their prizes [u]. +[FN [p] Rymer, vol. i. p. 790, 791, &c. [q] Ibid. p. 795. Brady's +Appeals, No. 211, 212. Chron. T. Wykes, p. 63. [r] Rymer, vol. i. p. +792. [s] Knyghton, p. 2451. [t] Chron. T. Wykes, p. 65. [u] Ibid.] + +No farther mention was made of the reference to the King of France, so +essential an article in the agreement of Lewes; and Leicester summoned +a Parliament, composed altogether of his own partisans, in order to +rivet, by their authority, that power which he had acquired by so much +violence, and which he used with so much tyranny and injustice. An +ordinance was there passed, to which the king's consent had been +previously extorted, that every act of royal power should be exercised +by a council of nine persons, who were to be chosen and removed by the +majority of three, Leicester himself, the Earl of Gloucester, and the +Bishop of Chichester [w]. By this intricate plan of government, the +sceptre was really put into Leicester's hands; as he had the entire +direction of the Bishop of Chichester, and thereby commanded all the +resolutions of the council of three, who could appoint or discard at +pleasure every member of the supreme council. +[FN [w] Rymer, vol. i. p. 793. Brady's App. No. 213.] + +But it was impossible that things could long remain in this strange +situation. It behoved Leicester either to descend with some peril +into the rank of a subject or to mount up with no less into that of a +sovereign; and his ambition, unrestrained either by fear or by +principle, gave too much reason to suspect him of the latter +intention. Meanwhile he was exposed to anxiety from every quarter; +and felt that the smallest incident was capable of overturning that +immense and ill-cemented fabric which he had reared. The queen, whom +her husband had left abroad, had collected in foreign parts an army of +desperate adventurers, and had assembled a great number of ships, with +a view of invading the kingdom, and of bringing relief to her +unfortunate family. Lewis, detesting Leicester's usurpations and +perjuries, and disgusted at the English barons, who had refused to +submit to his award, secretly favoured all her enterprises, and was +generally believed to be making preparations for the same purpose. An +English army, by the pretended authority of the captive king, was +assembled on the seacoast to oppose this projected invasion [x]; but +Leicester owed his safety more to cross winds, which long detained and +at last dispersed and ruined the queen's fleet, than to any resistance +which, in their present situation, could have been expected from the +English. +[FN [x] Brady's App. No. 216, 217. Chron. Dunst. vol. i. p. 373. M. +West. p. 385.] + +Leicester found himself better able to resist the spiritual thunders +which were levelled against him. The pope, still adhering to the +king's cause, against the barons, despatched Cardinal Guido as his +legate into England, with orders to excommunicate, by name, the three +earls, Leicester, Gloucester, and Norfolk, and all others, in general, +who concurred in the oppression and captivity of their sovereign [y]. +Leicester menaced the legate with death, if he set foot within the +kingdom; but Guido, meeting in France the Bishops of Winchester, +London, and Worcester, who had been sent thither on a negotiation, +commanded them, under the penalty of ecclesiastical censures, to carry +his bull into England, and to publish it against the barons. When the +prelates arrived off the coast, they were boarded by the piratical +mariners of the cinque-ports, to whom probably they gave a hint of the +cargo which they brought along with them: the bull was torn and thrown +into the sea; which furnished the artful prelates with a plausible +excuse for not obeying the orders of the legate. Leicester appealed +from Guido to the pope in person; but before the ambassadors, +appointed to defend his cause, could reach Rome, the pope was dead; +and they found the legate himself, from whom they had appealed, seated +on the papal throne, by the name of Urban IV. That daring leader was +nowise dismayed with this incident; and as he found that a great part +of his popularity in England was founded on his opposition to the +court of Rome, which was now become odious, he persisted with the more +obstinacy in the prosecution of his measures. +[FN [y] Rymer, vol. i. p. 798. Chron. Dunst. vol. i. p. 373.] + +[MN 1265. 20th Jan.] That he might both increase and turn to +advantage his popularity, Leicester summoned a new Parliament in +London, where he knew his power was uncontrollable; and he fixed this +assembly on a more democratical basis than any which had ever been +summoned since the foundation of the monarchy. Besides the barons of +his own party, and several ecclesiastics who were not immediate +tenants of the crown, he ordered returns to be made of two knights +from each shire, and what is more remarkable, of deputies from the +boroughs, an order of men which, in former ages, had always been +regarded as too mean to enjoy a place in the national councils [z]. +[MN House of Commons.] This period is commonly esteemed the epoch of +the House of Commons in England; and it is certainly the first time +that historians speak of any representatives sent to Parliament by the +boroughs. In all the general accounts given in preceding times of +those assemblies, the prelates and barons only are mentioned as the +constituent members; and even in the most particular narratives +delivered of parliamentary transactions, as in the trial of Thomas a +Becket, where the events of each day, and almost of each hour, are +carefully recorded by contemporary authors [a], there is not, +throughout the whole, the least appearance of a House of Commons. But +though that House derived its existence from so precarious and even +so invidious an origin as Leicester's usurpation, it soon proved, when +summoned by the legal princes, one of the most useful, and, in process +of time, one of the most powerful members of the national +constitution; and gradually rescued the kingdom from aristocratical as +well as from regal tyranny. But Leicester's policy, if we must +ascribe to him so great a blessing, only forwarded by some years an +institution, for which the general state of things had already +prepared the nation; and it is otherwise inconceivable, that a plant +set by so inauspicious a hand could have attained to so vigorous a +growth, and have flourished in the midst of such tempests and +convulsions. The feudal system, with which the liberty, much more the +power of the Commons, was totally incompatible, began gradually to +decline; and both the king and the commonalty, who felt its +inconveniences, contributed to favour this new power, which was more +submissive than the barons to the regular authority of the crown, and +at the same time afforded protection to the inferior orders of the +state. +[FN [z] Rymer, vol. i. p. 802. [a] Fitz-Stephen, Hist. Quadrip. +Hoveden, &c.] + +Leicester having thus assembled a Parliament of his own model, and +trusting to the attachment of the populace of London, seized the +opportunity of crushing his rivals among the powerful barons. Robert +de Ferrars, Earl of Derby, was accused in the king's name, seized, and +committed to custody without being brought to any legal trial [b]. +John Gifford, menaced with the same fate, fled from London, and took +shelter in the borders of Wales. Even the Earl of Gloucester, whose +power and influence had so much contributed to the success of the +barons, but who of late was extremely disgusted with Leicester's +arbitrary conduct, found himself in danger from the prevailing +authority of his ancient confederate; and he retired from Parliament +[c]. This known dissension gave courage to all Leicester's enemies +and to the king's friends, who were now sure of protection from so +potent a leader. Though Roger Mortimer, Hamond L'Estrange, and other +powerful marchers of Wales, had been obliged to leave the kingdom, +their authority still remained over the territories subjected to their +jurisdiction; and there were many others who were disposed to give +disturbance to the new government. The animosities, inseparable from +the feudal aristocracy, broke out with fresh violence, and threatened +the kingdom with new convulsions and disorders. +[FN [b] Chron. T. Wykes, p. 66. Ann. Waverl. p. 216. [c] M. Paris, +p. 671. Ann. Waverl. p. 216.] + +The Earl of Leicester, surrounded with these difficulties, embraced a +measure from which he hoped to reap some present advantages, but which +proved in the end the source of all his future calamities. The active +and intrepid Prince Edward had languished in prison ever since the +fatal battle of Lewes; and as he was extremely popular in the kingdom, +there arose a general desire of seeing him again restored to liberty +[d]. Leicester, finding that he could with difficulty oppose the +concurring wishes of the nation, stipulated with the prince, that, in +return, he should order his adherents to deliver up to the barons all +their castles, particularly those on the borders of Wales; and should +swear neither to depart the kingdom during three years, nor introduce +into it any foreign forces [e]. The king took an oath to the same +effect, and he also passed a charter, in which he confirmed the +agreement or MISE of Lewes; and even permitted his subjects to rise in +arms against him if he should ever attempt to infringe it [f]. So +little care did Leicester take, though he constantly made use of the +authority of this captive prince, to preserve to him any appearance of +royalty or kingly prerogatives! +[FN [d] Knyghton, p. 2451. [e] Ann. Waverl. p. 216. [f] Blackstone's +Mag. Charta. Chron. Dunst. vol. i. p. 378.] + +[MN 11th Mar.] In consequence of this treaty, Prince Edward was +brought into Westminster-hall, and was declared free by the barons: +but instead of really recovering his liberty, as he had vainly +expected, he found that the whole transaction was a fraud on the part +of Leicester; that he himself still continued a prisoner at large, and +was guarded by the emissaries of that nobleman; and that, while the +faction reaped all the benefit from the performance of his part of the +treaty, care was taken that he should enjoy no advantage by it. As +Gloucester, on his rupture with the barons, had retired for safety to +his estates on the borders of Wales, Leicester followed him with an +army to Hereford [g]; continued still to menace and negotiate; and +that he might add authority to his cause, he carried both the king and +prince along with him. The Earl of Gloucester here concerted with +young Edward the manner of that prince's escape. He found means to +convey to him a horse of extraordinary swiftness; and appointed Roger +Mortimer, who had returned into the kingdom, to be ready at hand with +a small party to receive the prince, and to guard him to a place of +safety. Edward pretended to take the air with some of Leicester's +retinue, who were his guards; and making matches between their horses, +after he thought he had tired and blown them sufficiently, he suddenly +mounted Gloucester's horse and called to his attendants, that he had +long enough enjoyed the pleasure of their company, and now bid them +adieu. They followed him for some time, without being able to +overtake him; and the appearance of Mortimer with his company put an +end to their pursuit. +[FN [g] Chron. T. Wykes, p. 67. Ann. Waverl. p. 218. W. Heming. p. +585. Chron. Dunst. vol. i. p. 383, 384.] + +The royalists, secretly prepared for this event, immediately flew to +arms; and the joy of this gallant prince's deliverance, the +oppressions under which the nation laboured, the expectation of a new +scene of affairs, and the countenance of the Earl of Gloucester, +procured Edward an army which Leicester was utterly unable to +withstand. This nobleman found himself in a remote quarter of the +kingdom, surrounded by his enemies, barred from all communication with +his friends by the Severn, whose bridges Edward had broken down, and +obliged to fight the cause of his party under these multiplied +disadvantages. In this extremity he wrote to his son, Simon de +Montfort, to hasten from London with an army for his relief; and Simon +had advanced to Kenilworth with that view, where, fancying that all +Edward's force and attention were directed against his father, he lay +secure and unguarded. But the prince, making a sudden and forced +march, surprised him in his camp, dispersed his army, and took the +Earl of Oxford and many other noblemen prisoners, almost without +resistance. Leicester, ignorant of his son 's fate, passed the Severn +in boats during Edward's absence, and lay at Evesham, in expectation +of being every hour joined by his friends from London; when the +prince, who availed himself of every favourable moment, appeared in +the field before him. [MN Battle of Evesham and death of Leicester. +4th Aug.] Edward made a body of his troops advance from the road +which led to Kenilworth, and ordered them to carry the banners taken +from Simon's army; while he himself, making a circuit with the rest of +his forces, purposed to attack the enemy on the other quarter. +Leicester was long deceived by this stratagem, and took one division +of Edward's army for his friends; but at last, perceiving his mistake, +and observing the great superiority and excellent disposition of the +royalists, he exclaimed that they had learned from him the art of war, +adding, "The Lord have mercy on our souls, for I see our bodies are +the prince's!" The battle immediately began, though on very unequal +terms. Leicester's army, by living on the mountains of Wales without +bread, which was not then much used among the inhabitants, had been +extremely weakened by sickness and desertion, and was soon broken by +the victorious royalists; while his Welsh allies, accustomed only to a +desultory kind of war, immediately took to flight, and were pursued +with great slaughter. Leicester himself; asking for quarter, was +slain in the heat of the action, with his eldest son Henry, Hugh le +Despenser, and about one hundred and sixty knights, and many other +gentlemen of his party. The old king had been purposely placed by the +rebels in the front of the battle; and being clad in armour, and +thereby not known by his friends, he received a wound, and was in +danger of his life; but crying out, I AM HENRY OF WINCHESTER, YOUR +KING, he was saved, and put in a place of safety by his son, who flew +to his rescue. + +The violence, ingratitude, tyranny, rapacity, and treachery of the +Earl of Leicester, give a very bad idea of his moral character, and +make us regard his death as the most fortunate event which, in this +conjuncture, could have happened to the English nation; yet must we +allow the man to have possessed great abilities, and the appearance of +great virtues, who, though a stranger, could at a time when strangers +were the most odious, and the most universally decried, have acquired +so extensive an interest in the kingdom, and have so nearly paved his +way to the throne itself. His military capacity and his political +craft were equally eminent: he possessed the talents both of governing +men and conducting business: and though his ambition was boundless, it +seems neither to have exceeded his courage nor his genius; and he had +the happiness of making the low populace, as well as the haughty +barons, co-operate towards the success of his selfish and dangerous +purposes. A prince of greater abilities and vigour than Henry, might +have directed the talents of this nobleman either to the exaltation of +his throne, or to the good of his people: but the advantages given to +Leicester by the weak and variable administration of the king, brought +on the ruin of royal authority, and produced great confusions in the +kingdom, which however, in the end, preserved and extremely improved +national liberty and the constitution. His popularity, even after his +death, continued so great, that though he was excommunicated by Rome, +the people believed him to be a saint; and many miracles were said to +be wrought upon his tomb [h]. +[FN [h] Chron. de Mailr. p. 232.] + +[MN Settlement of the government.] +The victory of Evesham, with the death of Leicester, proved decisive +in favour of the royalists, and made an equal, though an opposite, +impression on friends and enemies in every part of England. The King +of the Romans recovered his liberty: the other prisoners of the royal +party were not only freed, but courted by their keepers: Fitz-Richard, +the seditious Mayor of London, who had marked out forty of the most +wealthy citizens for slaughter, immediately stopped his hand on +receiving intelligence of this great event: and almost all the +castles, garrisoned by the barons, hastened to make their submissions, +and to open their gates to the king. The isle of Axholme alone, and +that of Ely, trusting to the strength of their situation, ventured to +make resistance; but were at last reduced, as well as the castle of +Dover, by the valour and activity of Prince Edward [i]. [MN 1266.] +Adam de Gourdon, a courageous baron, maintained himself during some +time in the forests of Hampshire, committed depredations in the +neighbourhood, and obliged the prince to lead a body of troops into +that county against him. Edward attacked the camp of the rebels; and +being transported by the ardour of battle, leaped over the trench with +a few followers, and encountered Gourdon in single combat. The +victory was long disputed between these valiant combatants; but ended +at last in the prince's favour, who wounded his antagonist, threw him +from his horse, and took him prisoner. He not only gave him his life, +but introduced him that very night to the queen at Guildford, procured +him his pardon, restored him to his estate, received him into favour, +and was ever after faithfully served by him [k]. +[FN [i] M. Paris, p. 676. W. Heming, p. 588. [k] M. Paris, p. 675.] + +A total victory of the sovereign over so extensive a rebellion +commonly produces a revolution of government, and strengthens as well +as enlarges, for some time, the prerogatives of the crown: yet no +sacrifices of national liberty were made on this occasion; the great +charter remained still inviolate; and the king, sensible that his own +barons, by whose assistance alone he had prevailed, were no less +jealous of their independence than the other party, seems thenceforth +to have more carefully abstained from all those exertions of power +which had afforded so plausible a pretence to the rebels. The +clemency of this victory is also remarkable: no blood was shed on the +scaffold: no attainders, except of the Montfort family, were carried +into execution: and though a Parliament, assembled at Winchester, +attainted all those who had borne arms against the king, easy +compositions were made with them for their lands [1]; and the highest +sum levied on the most obnoxious offenders exceeded not five years' +rent of their estate. Even the Earl of Derby, who again rebelled, +after having been pardoned and restored to his fortune, was obliged to +pay only seven years' rent, and was a second time restored. The mild +disposition of the king, and the prudence of the prince, tempered the +insolence of victory, and gradually restored order to the several +members of the state, disjointed by so long a continuance of civil +wars and commotions. +[FN [l] Id. ibid.] + +The city of London, which had carried farthest the rage and animosity +against the king, and which seemed determined to stand upon its +defence after almost all the kingdom had submitted, was, after some +interval, restored to most of its liberties and privileges; and +Fitz-Richard the mayor, who had been guilty of so much illegal +violence, was only punished by fine and imprisonment. The Countess of +Leicester, the king's sister, who had been extremely forward in all +attacks on the royal family, was dismissed the kingdom with her two +sons, Simon and Guy, who proved very ungrateful for this lenity. Five +years afterwards, they assassinated, at Viterbo in Italy, their cousin +Henry d'Allmaine, who at that very time was endeavouring to make their +peace with the king; and by taking sanctuary in the church of the +Franciscans, they escaped the punishment due to so great an enormity +[m]. +[FN [m] Rymer, vol. i. p. 879. vol. ii. p. 4, 5. Chron. T. Wykes, p. +94. W. Heming. p. 589. Trivet, p. 240.] + +[MN 1267.] The merits of the Earl of Gloucester, after he returned to +his allegiance, had been so great in restoring the prince to his +liberty, and assisting him in his victories against the rebellious +barons, that it was almost impossible to content him in his demands; +and his youth and temerity, as well as his great power, tempted him, +on some new disgust, to raise again the flames of rebellion in the +kingdom. The mutinous populace of London, at his instigation, took to +arms; and the prince was obliged to levy an army of thirty thousand +men in order to suppress them. Even this second rebellion did not +provoke the king to any act of cruelty; and the Earl of Gloucester +himself escaped with total impunity. He was only obliged to enter +into a bond of twenty thousand marks, that he should never again be +guilty of rebellion: a strange method of enforcing the laws, and a +proof of the dangerous independence of the barons in those ages! +These potent nobles were, from the danger of the precedent, averse to +the execution of the laws of forfeiture and felony against any of +their fellows; though they could not, with a good grace, refuse to +concur in obliging them to fulfil any voluntary contract and +engagement into which they had entered. + +[MN 1270.] The prince, finding the state of the kingdom tolerably +composed, was seduced, by his avidity for glory and by the prejudices +of the age, as well as by the earnest solicitations of the King of +France, to undertake an expedition against the infidels in the Holy +Land [n]; and he endeavoured previously to settle the state in such a +manner as to dread no bad effects from his absence. As the formidable +power and turbulent disposition of the Earl of Gloucester gave him +apprehensions, he insisted on carrying him along with him, in +consequence of a vow which that nobleman had made to undertake the +same voyage: in the mean time, he obliged him to resign some of his +castles, and to enter into a new bond not to disturb the peace of the +kingdom [o]. He sailed from England with an army, and arrived in +Lewis's camp before Tunis in Africa, where he found that monarch +already dead from the intemperance of the climate and the fatigues of +his enterprise. The great, if not only, weakness of this prince in +his government, was the imprudent passion for crusades; but it was his +zeal chiefly that procured him from the clergy the title of St. Lewis, +by which he is known in the French history; and if that appellation +had not been so extremely prostituted, as to become rather a term of +reproach, he seems by his uniform probity and goodness, as well as his +piety, to have fully merited the title. He was succeeded by his son +Philip, denominated the Hardy; a prince of some merit, though much +inferior to that of his father. +[FN [n] M. Paris, p. 677. [o] Chron. T. Wykes, p. 90.] + +[MN 1271.] Prince Edward, not discouraged by this event, continued +his voyage to the Holy Land, where he signalized himself by acts of +valour; revived the glory of the English name in those parts; and +struck such terror into the Saracens, that they employed an assassin +to murder him, who wounded him in the arm, but perished in the attempt +[p]. Meanwhile, his absence from England was attended with many of +those pernicious consequences which had been dreaded from it. The +laws were not executed: the barons oppressed the common people with +impunity [q]: they gave shelter on their estates to bands of robbers, +whom they employed in committing ravages on the estates of their +enemies: the populace of London returned to their usual +licentiousness: and the old king, unequal to the burden of public +affairs, called aloud for his gallant son to return [r], and to assist +him in swaying that sceptre which was ready to drop from his feeble +and irresolute hands. [MN 1272. 16th Nov. Death,] At last, +overcome by the cares of government and the infirmities of age, he +visibly declined, and he expired at St. Edmondsbury, in the +sixty-fourth year of his age, and fifty-sixth of his reign; the +longest reign that is to be met with in the English annals. His +brother, the King of the Romans, (for he never attained the title of +Emperor,) died about seven months before him. +[FN [p] M. Paris, p. 678, 679. W. Heming. p. 520. [q] Chron. Dunst. +vol. i. p. 404. [r] Rymer, vol. i. p. 869. M. Paris, p. 678.] + +[MN and character of the king.] The most obvious circumstance of +Henry's character is his incapacity for government, which rendered him +as much a prisoner in the hands of his own ministers and favourites, +and as little at his own disposal, as when detained a captive in the +hands of his enemies. From this source, rather than from insincerity +or treachery, arose his negligence in observing his promises; and he +was too easily induced, for the sake of present convenience, to +sacrifice the lasting advantages arising from the trust and confidence +of his people. Hence too were derived his profusion to favourites, +his attachment to strangers, the variableness of his conduct, his +hasty resentments, and his sudden forgiveness and return of affection. +Instead of reducing the dangerous power of his nobles, by obliging +them to observe the laws towards their inferiors, and setting them the +salutary example in his own government, he was seduced to imitate +their conduct, and to make his arbitrary will, or rather that of his +ministers, the rule of his actions. Instead of accommodating himself, +by a strict frugality, to the embarrassed situation in which his +revenue had been left by the military expeditions of his uncle, the +dissipations of his father, and the usurpations of the barons; he was +tempted to levy money by irregular exactions, which, without enriching +himself, impoverished, at least disgusted, his people. Of all men, +nature seemed least to have fitted him for being a tyrant; yet there +are instances of oppression in his reign, which, though derived from +the precedents left him by his predecessors, had been carefully +guarded against by the great charter, and are inconsistent with all +rules of good government. And on the whole, we may say, that greater +abilities, with his good dispositions, would have prevented him from +falling into his faults; or, with worse dispositions, would have +enabled him to maintain and defend them. + +This prince was noted for his piety and devotion, and his regular +attendance on public worship; and a saying of his on that head is much +celebrated by ancient writers. He was engaged in a dispute with Lewis +IX. of France, concerning the preference between sermons and masses: +he maintained the superiority of the latter, and affirmed that he +would rather have one hour's conversation with a friend, than hear +twenty of the most elaborate discourses pronounced in his praise [s]. +[FN [s] Walsing. Edw. I. p. 43.] + +Henry left two sons, Edward, his successor, and Edmond, Earl of +Lancaster; and two daughters, Margaret, Queen of Scotland, and +Beatrix, Duchess of Britany. He had five other children, who died in +their infancy. + +[MN Miscellaneous transactions of the reign.] +The following are the most remarkable laws enacted during this reign. +There had been great disputes between the civil and ecclesiastical +courts concerning bastardy. The common law had deemed all those to be +bastards who were born before wedlock; by the canon law they were +legitimate: and when any dispute of inheritance arose, it had formerly +been usual for the civil courts to issue writs to the spiritual, +directing them to inquire into the legitimacy of the person. The +bishop always returned an answer agreeable to the canon law, though +contrary to the municipal law of the kingdom. For this reason the +civil courts had changed the terms of their writ; and instead of +requiring the spiritual courts to make inquisition concerning the +legitimacy of the person, they only proposed the simple question of +fact, whether he were born, before or after wedlock? The prelates +complained of this practice to the Parliament assembled at Merton in +the twentieth of this king, and desired that the municipal law might +be rendered conformable to the canon; but received from all the +nobility the memorable reply, NOLUMUS LEGES ANGLIAE MUTARE! We will +not change the laws of England [t]. +[FN [t] Statute of Merton, chap. 9.] + +After the civil wars, the Parliament, summoned at Marlebridge, gave +their approbation to most of the ordinances which had been established +by the reforming barons, and which, though advantageous to the +security of the people, had not received the sanction of a legal +authority. Among other laws, it was there enacted, that all appeals +from the courts of inferior lords should be carried directly to the +king's courts without passing through the courts of the lords +immediately superior [u]. It was ordained that money should bear no +interest during the minority of the debtor [w]. This law was +reasonable, as the estates of minors were always in the hands of their +lords, and the debtors could not pay interest where they had no +revenue. The charter of King John had granted this indulgence: it was +omitted in that of Henry III., for what reason is not known; but it +was renewed by the statute of Marlebridge. Most of the other articles +of this statute are calculated to restrain the oppressions of +sheriffs, and the violence and iniquities committed in distraining +cattle and other goods. Cattle and the instruments of husbandry +formed at that time the chief riches of the people. +[FN [u] Statute of Marleb. chap. 20. [w] Ibid. chap. 16.] + +In the thirty-fifth year of this king an assize was fixed of bread, +the price of which was settled, according to the different prices of +corn, from one shilling a quarter to seven shillings and sixpence [x], +money of that age. These great variations are alone a proof of bad +tillage [y]: yet did the prices often rise much higher than any taken +notice of by the statute. The Chronicle of Dunstable tells us, that, +in this reign, wheat was once sold for a mark, nay, for a pound, a +quarter, that is, three pounds of our present money [z]. The same law +affords us a proof of the little communication between the parts of +the kingdom, from the very different prices which the same commodity +bore at the same time. A brewer, says the statute, may sell two +gallons of ale for a penny in cities, and three or four gallons for +the same price in the country. At present, such commodities, by the +great consumption of the people, and the great stocks of the brewers, +are rather cheapest in cities. The Chronicle above mentioned +observes, that wheat one year was sold in many places for eight +shillings a quarter, but never rose in Dunstable above a crown. +[FN [x] Statutes at Large, p. 6. [y] We learn from Cicero's Orations +against Verres, lib. 3, cap. 84, 92, that the price of corn in Sicily +was, during the praetorship of Sacerdos, five Denarii a Modius; during +that of Verres, which immediately succeeded, only two Sesterces; that +is, ten times lower; a presumption, or rather a proof, of the very bad +state of tillage in ancient times. [z] Knyghton, p. 2444.] + +Though commerce was still very low, it seems rather to have increased +since the Conquest; at least if we may judge of the increase of money +by the price of corn. The medium between the highest and lowest +prices of wheat, assigned by the statute, is four shillings and three +pence a quarter, that is, twelve shillings and nine pence of our +present money. This is near half of the middling price in our time. +Yet the middling price of cattle, so late as the reign of King +Richard, we find to be above eight, near ten times lower than the +present. Is not this the true inference, from comparing these facts, +that, in all uncivilized nations, cattle, which propagate of +themselves, bear always a lower price than corn, which requires more +art and stock to render it plentiful than those nations are possessed +of? It is to be remarked that Henry's assize of corn was copied from +a preceding assize established by King John; consequently, the prices +which we have here compared of corn and cattle may be looked on as +contemporary; and they were drawn, not from one particular year, but +from an estimation of the middling prices for a series of years. It +is true, the prices assigned by the assize of Richard were meant as a +standard for the accompts of sheriffs and escheators; and as +considerable profits were allowed to these ministers, we may naturally +suppose, that the common value of cattle was somewhat higher: yet +still, so great a difference between the prices of corn and cattle as +that of four to one, compared to the present rates, affords important +reflections concerning the very different state of industry and +tillage in the two periods. + +Interest had in that age amounted to an enormous height, as might be +expected from the barbarism of the times and men's ignorance of +commerce. Instances occur of fifty per cent paid for money [a]. +There is an edict of Philip Augustus near this period, limiting the +Jews in France to forty-eight per cent [b]. Such profits tempted the +Jews to remain in the kingdom, notwithstanding the grievous +oppressions to which, from the prevalent bigotry and rapine of the +age, they were continually exposed. It is easy to imagine how +precarious their state must have been under an indigent prince, +somewhat restrained in his tyranny over his native subjects, but who +possessed an unlimited authority over the Jews, the sole proprietors +of money in the kingdom, and hated, on account of their riches, their +religion, and their usury: yet will our ideas scarcely come up to the +extortions which, in fact, we find to have been practised upon them. +In the year 1241, twenty thousand marks were exacted from them [c]: +two years after money was again extorted; and one Jew alone, Aaron of +York, was obliged to pay above four thousand marks [d]. In 1250, +Henry renewed his oppressions; and the same Aaron was condemned to pay +him thirty thousand marks upon an accusation of forgery [e]: the high +penalty imposed upon him, and which, it seems, he was thought able to +pay, is rather a presumption of his innocence than of his guilt. In +1255, the king demanded eight thousand marks from the Jews, and +threatened to hang them if they refused compliance. They now lost all +patience, and desired leave to retire with their effects out of the +kingdom. But the king replied: "How can I remedy the oppressions you +complain of? I am myself a beggar. I am spoiled, I am stripped of +all my revenues: I owe above two hundred thousand marks; and if I had +said three hundred thousand, I should not exceed the truth: I am +obliged to pay my son, Prince Edward, fifteen thousand marks a year: I +have not a farthing; and I must have money, from any hand, from any +quarter, or by any means." He then delivered over the Jews to the +Earl of Cornwall, that those whom the one brother had flayed, the +other might embowel, to make use of the words of the historian [f]. +King John, his father, once demanded ten thousand marks from a Jew of +Bristol; and on his refusal, ordered one of his teeth to be drawn +every day till he should comply. The Jew lost seven teeth, and then +paid the sum required of him [g]. One talliage paid upon the Jews in +1243 amounted to sixty thousand marks [h]; a sum equal to the whole +yearly revenue of the crown. +[FN [a] M. Paris, p. 586. [b] Brussel, Traite des Fiefs, vol. i. p. +576 [c] M. Paris, p. 372. [d] Ibid. p. 410. [e] Ibid. p. 525. [f] +M. Paris, p. 606. [g] Ibid. p. 160. [h] Madox, p. 152.] + +To give a better pretence for extortions, the improbable and absurd +accusation, which has been at different times advanced against that +nation, was revived in England, that they had crucified a child in +derision of the sufferings of Christ. Eighteen of them were hanged at +once for this crime [i]: though it is nowise credible, that even the +antipathy borne them by the Christians, and the oppressions under +which they laboured, would ever have pushed them to be guilty of that +dangerous enormity. But it is natural to imagine, that a race, +exposed to such insults and indignities, both from king and people, +and who had so uncertain an enjoyment of their riches, would carry +usury to the utmost extremity, and by their great profits make +themselves some compensation for their continual perils. +[FN [i] M. Paris, p. 613.] + +Though these acts of violence against the Jews proceeded much from +bigotry, they were still more derived from avidity and rapine. So far +from desiring in that age to convert them, it was enacted by law in +France, that if any Jew embraced Christianity, he forfeited all his +goods, without exception, to the king, or his superior lord. These +plunderers were careful, lest the profits, accruing from their +dominion over that unhappy race, should be diminished by their +conversion [k]. +[FN [k] Brussel, vol. i. p. 622. Du Cange, verbo JUDAEI.] + +Commerce must be in a wretched condition, where interest was so high, +and where the sole proprietors of money employed it in usury only, and +were exposed to such extortion and injustice. But the bad police of +the country was another obstacle to improvements; and rendered all +communication dangerous, and all property precarious. The Chronicle +of Dunstable says [l], that men were never secure in the houses, and +that whole villages were often plundered by bands of robbers, though +no civil wars at that time prevailed in the kingdom. In 1249, some +years before the insurrection of the barons, two merchants of Brabant +came to the king at Winchester, and told him that they had been +spoiled of all their goods by certain robbers, whom they knew, because +they saw their faces every day in his court; that like practices +prevailed all over England, and travellers were continually exposed to +the danger of being robbed, bound, wounded, and murdered; that these +crimes escaped with impunity, because the ministers of justice +themselves were in a confederacy was the robbers; and that they, for +their part, instead of bringing matters to a fruitless trial by law, +were willing, though merchants, to decide their cause with the robbers +by arms and a duel. The king, provoked at these abuses, ordered a +jury to be enclosed, and to try the robbers: the jury, though +consisting of twelve men of property in Hampshire, were found to be +also in a confederacy with the felons, and acquitted them. Henry, in +a rage, committed the jury to prison, threatened them with a severe +punishment, and ordered a new jury to be enclosed, who, dreading the +fate of their fellows, at last found a verdict against the criminals. +Many of the king's own household were discovered to have participated +in the guilt; and they said for their excuse, that they received no +wages from him, and were obliged to rob for a maintenance [m]. +KNIGHTS AND ESQUIRES, says the Dictum of Kenilworth, WHO WERE ROBBERS, +IF THEY HAVE NO LAND, SHALL PAY THE HALF OF THEIR GOODS, AND FIND +SUFFICIENT SECURITY TO KEEP HENCEFORTH THE PEACE OF THE KINGDOM. Such +were the matters of the times! +[FN [1] Vol. i. p. 155. [m] M. Paris, p. 509.] + +One can the less repine, during the prevalence of such manners, at the +frauds and forgeries of the clergy; as it gives less disturbance to +society, to take men's money from them with their own consent, though +by deceits and lies, than to ravish it by open force and violence. +During this reign the papal power was at its summit, and was even +beginning insensibly to decline, by reason of the immeasurable avarice +and extortions of the court of Rome, which disgusted the clergy as +well as laity, in every kingdom of Europe. England itself, though +sunk in the deepest abyss of ignorance and superstition, had seriously +entertained thoughts of shaking off the papal yoke [n]; and the Roman +pontiff was obliged to think of new expedients for riveting it faster +upon the Christian world. For this purpose, Gregory IX. published his +decretals [o], which are a collection of forgeries, favourable to the +court of Rome, and consist of the supposed decrees of popes in the +first centuries. But these forgeries are so gross, and confound so +palpably all language, history, chronology, and antiquities, matters +more stubborn than any speculative truths whatsoever, that even that +church, which is not startled at the most monstrous contradictions and +absurdities, has been obliged to abandon them to the critics. But in +the dark period of the thirteenth century they passed for undisputed +and authentic; and men, entangled in the mazes of this false +literature, joined to the philosophy, equally false, of the times, had +nothing wherewithal to defend themselves, but some small remains of +common sense, which passed for profaneness and impiety, and the +indelible regard to self-interest, which, as it was the sole motive in +the priests for framing these impostures, served also, in some degree, +to protect the laity against them. +[FN [n] M. Paris, p. 421. [o] Trivet, p. 191.] + +Another expedient, devised by the church of Rome, in this period, for +securing her power, was the institution of new religious orders, +chiefly the Dominicans and Franciscans, who proceeded with all the +zeal and success that attend novelties; were better qualified to gain +the populace than the old orders, now become rich and indolent; +maintained a perpetual rivalship with each other in promoting their +gainful superstitions; and acquired a great dominion over the minds, +and, consequently, over the purses of men, by pretending a desire of +poverty and a contempt for riches. The quarrels which arose between +these orders, lying still under the control of the sovereign pontiff, +never disturbed the peace of the church, and served only as a spur to +their industry in promoting the common cause; and though the +Dominicans lost some popularity by their denial of the immaculate +conception, a point in which they unwarily engaged too far to be able +to recede with honour, they counterbalanced this disadvantage, by +acquiring more solid establishments, by gaining the confidence of +kings and princes, and by exercising the jurisdiction assigned them, +of ultimate judges and punishers of heresy. Thus, the several orders +of monks became a kind of regular troops or garrisons of the Romish +church; and though the temporal interests of society, still more the +cause of true piety, were hurt, by their various devices to captivate +the populace, they proved the chief supports of that mighty fabric of +superstition, and till the revival of true learning, secured it from +any dangerous invasion. + +The trial by ordeal was abolished in this reign by order of council: a +faint mark of improvement in the age [p]. +[FN [p] Rymer, vol. i. p. 228. Spellman, p. 326.] + +Henry granted a charter to the town of Newcastle, in which he gave the +inhabitants a licence to dig coal. This is the first mention of coal +in England. + +We learn from Madox [q], that this king gave, at one time, one hundred +shillings to master Henry, his poet: also the same year he orders this +poet ten pounds. +[FN [q] Page 268.] + +It appears from Selden, that, in the forty-seventh of his reign, a +hundred and fifty temporal, and fifty spiritual barons were summoned +to perform the service due by their tenures [r]. In the thirty-fifth +of the subsequent reign, eighty-six temporal barons, twenty bishops, +and forty-eight abbots, were summoned to a Parliament convened at +Carlisle [s]. +[FN [r] Titles of Honour, part ii. Chap. 3. [s] Parl. Hist. vol. i. +p. 151.] + + + + +NOTES. + + + +NOTE [A] + +This question has been disputed with as great zeal and even acrimony, +between the Scotch and Irish antiquaries, as if the honour of their +respective countries were the most deeply concerned in the decision. +We shall not enter into any detail on so uninteresting a subject, but +shall propose our opinion in a few words. It appears more than +probable, from the similitude of language and manners, that Britain +either was originally peopled, or was subdued, by the migration of +inhabitants from Gaul, and Ireland from Britain: the position of the +several countries is an additional reason that favours this +conclusion. It appears also probable, that the migration of that +colony of Gauls or Celts, who peopled or subdued Ireland, was +originally made from the north-west parts of Britain; and this +conjecture (if it do not merit a higher name) is founded both on the +Irish language, which is a very different dialect from the Welsh, and +from the language anciently spoken in South Britain; and on the +vicinity of Lancashire, Cumberland, Galloway, and Argyleshire, to that +island. These events, as they passed long before the age of history +and records, must be known by reasoning alone, which in this case +seems to be pretty satisfactory: Caesar and Tacitus, not to mention a +multitude of other Greek and Roman authors, were guided by like +inferences. But besides these primitive facts, which lie in a very +remote antiquity, it is a matter of positive and undoubted testimony, +that the Roman province of Britain, during the time of the lower +empire, was much infested by bands of robbers or pirates, whom the +provincial Britons called Scots or Scuits; a name which was probably +used as a term of reproach, and which these banditti themselves did +not acknowledge or assume. We may infer from two passages in +Claudian, and from one in Orosius, and another in Isidore, that the +chief seat of these Scots was in Ireland. That some part of the Irish +freebooters migrated back to the north-west parts of Britain, whence +their ancestors had probably been derived in a more remote age, is +positively asserted by Bede, and implied in Gildas. I grant that +neither Bede nor Gildas are Caesars or Tacituses; but such as they +are, they remain the sole testimony on the subject, and therefore must +be relied on for want of better: happily, the frivolousness of the +question corresponds to the weakness of the authorities. Not to +mention, that if any part of the traditional history of a barbarous +people can be relied on, it is the genealogy of nations, and even +sometimes that of families. It is in vain to argue against these +facts from the supposed warlike disposition of the Highlanders, and +unwarlike of the ancient Irish. Those arguments are still much weaker +than the authorities. Nations change very quickly in these +particulars. The Britons were unable to resist the Picts and Scots, +and invited over the Saxons for their defence, who repelled those +invaders: yet the same Britons valiantly resisted for one hundred and +fifty years, not only this victorious band of Saxons, but infinite +numbers more, who poured in upon them from all quarters. Robert +Bruce, in 1322, made a peace, in which England, after many defeats, +was constrained to acknowledge the independence of his country: yet in +no more distant period than ten years after, Scotland was totally +subdued by a small handful of English, led by a few private noblemen. +All history is full of such events. The Irish Scots, in the course of +two or three centuries, might find time and opportunities sufficient +to settle in North Britain, though we can neither assign the period +nor causes of that revolution. Their barbarous manner of life +rendered them much fitter than the Romans for subduing these +mountaineers. And, in a word, it is clear from the language of the +two countries, that the Highlanders and the Irish are the same people, +and that the one are a colony from the other. We have positive +evidence which, though from neutral persons, is not perhaps the best +that may be wished for, that the former, in the third or fourth +century, sprang from the latter: we have no evidence at all that the +latter sprang from the former. I shall add, that the name of Erse or +Irish given by the low-country Scotch to the language of the Scotch +Highlanders, is a certain proof of the traditional opinion delivered +from father to son, that the latter people came originally from +Ireland. + + +NOTE [B] + +There is a seeming contradiction in ancient historians with regard to +some circumstances in the story of Edwy and Elgiva. It is agreed that +this prince had a violent passion for his second or third cousin, +Elgiva, whom he married, though within the degrees prohibited by the +canons. It is also agreed, that he was dragged from a lady on the day +of his coronation, and that the lady was afterwards treated with the +singular barbarity above mentioned. The only difference is, that +Osberne and some others call her his strumpet, not his wife, as she is +said to be by Malmesbury. But this difference is easily reconciled; +for if Edwy married her contrary to the canons, the monks would be +sure to deny her to be his wife, and would insist that she could be +nothing but his strumpet; to that, on the whole, we may esteem this +representation of the matter as certain, at least, as by far the most +probable. If Edwy had only kept a mistress, it is well known that +there are methods of accommodation with the church, which would have +prevented the clergy from proceeding to such extremities against him: +but his marriage contrary to the canons, was an insult on their +authority, and called for their highest resentment. + + +NOTE [C] + +Many of the English historians make Edgar's ships amount to an +extravagant number, to three thousand, or three thousand six hundred: +see Hoveden, p. 426. Flor. Wigorn. p. 607. Abbas Rieval. p. 360. +Brompton, p. 869, says, that Edgar had four thousand vessels. How can +these accounts be reconciled to probability, and to the state of the +navy in the time of Alfred? W. Thorne makes the whole number amount +only to three hundred, which is more probable. The fleet of Ethelred, +Edgar's son, must have been short of one thousand ships; yet the Saxon +Chronicle, p. 137, says, it was the greatest navy that ever had been +seen in England. + + +NOTE [D] + +Almost all the ancient historians speak of this massacre of the Danes +as if it had been universal, and as if every individual of that nation +throughout England had been put to death. But the Danes were almost +the sole inhabitants in the kingdoms of Northumberland and East- +Anglia, and were very numerous in Mercia. This representation, +therefore, of the matter is absolutely impossible. Great resistance +must have been made, and violent wars ensued; which was not the case. +This account given by Wallingford, though he stands single, must he +admitted as the only true one. We are told that the name LURDANE, +LORD DANE, for an idle lazy fellow, who lives at other people's +expense, came from the conduct of the Danes, who were put to death. +But the English princes had been entirely masters for several +generations; and only supported a military corps of that nation. It +seems probable, therefore, that it was these Danes only that were put +to death. + + +NOTE [E] + +The ingenious author of the article GODWIN, in the Biographia +Britannica, has endeavoured to clear the memory of that nobleman, upon +the supposition, that all the English annals had been falsified by the +Norman historians after the Conquest. But that this supposition has +not much foundation, appears hence, that almost all these historians +have given a very good character to his son Harold, whom it was much +more the interest of the Norman cause to blacken. + + +NOTE [F] + +The whole story of the transactions between Edward, Harold, and the +Duke of Normandy, is told so differently by the ancient writers, that +there are few important passages of the English history liable to so +great uncertainty. I have followed the account which appeared to me +the most consistent and probable. It does not seem likely, that +Edward ever executed a will in the duke's favour, much less that he +got it ratified by the states of the kingdom, as is affirmed by some. +The will would have been known to all, and would have been produced by +the Conqueror, to whom it gave so plausible, and really so just a +title; but the doubtful and ambiguous manner in which he seems always +to have mentioned it, proves that he could only plead the known +intentions of that monarch in his favour, which he was desirous to +call a will. There is indeed a charter of the Conqueror preserved by +Dr. Hickes, vol. i., where he calls himself REX HEREDITARIUS, meaning +heir by will; but a prince possessed of so much power, and attended +with so much success, may employ what pretence he pleases: it is +sufficient to refute his pretences, to observe that there is a great +difference and variation among historians, with regard to a point +which, had it been real, must have been agreed upon by all of them. + +Again, some historians, particularly Malmesbury and Matthew of +Westminster, affirm that Harold had no intention of going over to +Normandy, but, that taking the air in a pleasure boat on the coast, he +was driven over, by stress of weather, to the territories of Guy, +Count of Ponthieu: but besides that this story is not probable in +itself, and is contradicted by most of the ancient historians, it is +contradicted by a very curious and authentic monument lately +discovered. It is a tapestry, preserved in the ducal palace of Rouen, +and supposed to have been wrought by orders of Matilda, wife to the +emperor: at least it is of very great antiquity. Harold is there +represented as taking his departure from King Edward in execution of +some commission, and mounting his vessel with a great train. The +design of redeeming his brother and nephew, who were hostages, is the +most likely cause that can be assigned; and is accordingly mentioned +by Eadmer, Hoveden, Brompton, and Simeon of Durham. For a farther +account of this piece of tapestry, see Histoire de l'Academie de +Litterature, tom. ix. p. 535. + + +NOTE [G] + +It appears from the ancient translations of the Saxon annals and laws, +and from King Alfred's translation of Bede, as well as from all the +ancient historians, that COMES in Latin, ALDERMAN in Saxon, and EARL +in Dano-Saxon, were quite synonymous. There is only a clause in a law +of King Athelstan's (see Spellm. Conc. p. 406) which has stumbled some +antiquaries, and has made them imagine that an earl was superior to an +alderman. The weregild, or the price of an earl's blood, is there +fixed at fifteen thousand thrimsas, equal to that of an archbishop; +whereas that of a bishop and alderman is only eight thousand thrimsas. +To solve this difficulty we must have recourse to Selden's conjecture, +(see his Titles of Honour, chap. v. p. 603, 604,) that the term of +earl was in the age of Athelstan just beginning to be in use in +England, and stood at that time for the atheling or prince of the +blood, heir to the crown. This he confirms by a law of Canute, Sec. +55, where an atheling and an archbishop are put upon the same footing. +In another law of the same Athelstan, the weregild of the prince, or +atheling, is said to be fifteen thousand thrimsas. See Wilkins, p. +71. He is therefore the same who is called earl in the former law. + + +NOTE [H] + +There is a paper or record of the family of Sharneborn, which +pretends, that that family, which was Saxon, was restored upon proving +their innocence, as well as other Saxon families which were in the +same situation. Though this paper was able to impose on such great +antiquaries as Spellman (see Gloss. in verbo DRENGES) and Dugdale, +(see Baron. vol. i. p. 118,) it is proved by Dr. Brady (see Answ. to +Petyt, p. 11, 12) to have been a forgery; and is allowed as such by +Tyrrel, though a pertinacious defender of his party notions (see his +Hist. vol. ii. introd. p. 51, 73). Ingulf, p. 70, tells us, that very +early, Hereward, though absent during the time of the Conquest, was +turned out of all his estate, and could not obtain redress. William +even plundered the monasteries. Flor. Wigorn. p. 636. Chron. Abb. +St. Petri de Burgo, p. 48. M. Paris, p. 5. Sim. Dun. p. 200. +Diceto, p. 482. Brompton, p. 967. Knyghton, p. 2344. Alur. Beverl. +p. 130. We are told by Ingulf, that Ivo de Taillebois plundered the +monastery of Croyland of a great part of its land, and no redress +could be obtained. + + +NOTE [I] + +The obliging of all the inhabitants to put out their fires and lights +at certain hours, upon the sounding of a bell called the COURFEU, is +represented by Polydore Vergil, lib. 9, as a mark of the servitude of +the English. But this was a law of police, which William had +previously established in Normandy. See Du Moulin, Hist. de +Normandie, p. 160. The same law had place in Scotland. LL. Burgor +cap. 86. + + +NOTE [K] + +What these laws were of Edward the Confessor, which the English, every +reign during a century and a half, desire so passionately to have +restored, is much disputed by antiquaries, and our ignorance of them +seems one of the greatest defects in the ancient English history. The +collection of laws in Wilkins, which pass under the name of Edward, +are plainly a posterior and an ignorant compilation. Those to be +found in Ingulf are genuine; but so imperfect, and contain so few +clauses favourable to the subject, that we see no great reason for +their contending for them so vehemently. It is probable, that the +English meant the COMMON LAW, as it prevailed during the reign of +Edward; which we may conjecture to have been more indulgent to liberty +than the Norman institutions. The most material articles of it were +afterwards comprehended in Magna Charta. + + +NOTE [L] + +Ingulf, p. 70. H. Hunt. p. 370, 372. M. West. p. 225. Gul. Neub. p. +357. Alured. Beverl. p. 124. De Gest. Angl. p. 333. M. Paris, p. 4. +Sim. Dun. p. 206. Brompton, p. 962, 980, 1161. Gervase Tilb. lib. i. +cap. 16. Textus Roffensis apud Seld. Spicileg. ad Eadm. p. 179. Gul. +Pict. p. 206. Ordericus Vitalis, p. 621, 666, 853. Epist. St. Thom. +p. 801. Gul. Malmes. p. 52, 57. Knyghton, p. 2354. Eadmer. p. 110. +Thom. Rudborne in Ang. Sacra, vol. i. p. 248. Monach. Roff. in Ang +Sacra, vol. ii. p. 276. Girald. Camb. in eadem, vol. ii. p. 413. +Hist Elyensis, p. 516. The words of this last historian, who is very +ancient, are remarkable and worth transcribing: "REX ITAQUE FACTUS +WILLIELMUS, QUID IN PRINCIPES ANGLORUM, QUI TANTAE CLADI SUPERESSE +POTERANT, FECERIT, DICERE, CUM NIHIL PROSIT, OMITTO. QUID ENIM +PRODESSET, SI NEC UNUM IN TOTO REGNO DE ILLIS DICEREM PRISTINA +POTESTATE UTI PERMISSUM, SED OMNES AUT IN GRAVEM PAUPERTATIS AERUMNAM +DETRUSOS, AUT EXHAEREDATOS, PATRIA PULSOS, AUT EFFOSSIS OCULIS, VEL +CAETERIS AMPUTATIS MEMBRIS OPPROBRIUM HOMINUM FACTOS, AUT CERTE +MISERRIME AFFLICTOS, VITA PRIVATOS? SIMILI MODO UTILITATE CARERE +EXISTIMO DICERE QUID IN MINOREM POPULUM, NON SOLUM AB EO, SED A SUIS +ACTUM SIT, CUM ID DICTU SCIAMUS DIFFICILE, ET OB IMMANEM CRUDELITATEM, +FORTASSIS INCREDIBILE." + + +NOTE [M] + +Henry, by the feudal customs, was entitled to levy a tax for the +marrying of his eldest daughter, and he exacted three shillings a hide +on all England. H. Hunt. p. 379. Some historians (Brady, p. 270, and +Tyrrel, vol. ii. p. 182) heedlessly make this sum amount to above +eight hundred thousand pounds of our present money: but it could not +exceed one hundred and thirty-five thousand. Five hides, sometimes +less, made a knight's fee, of which there were about sixty thousand in +England, consequently near three hundred thousand hides; and at the +rate of three shillings a hide, the sum would amount to forty-five +thousand pounds, or one hundred and thirty-five thousand of our +present money. See Rudborne, p. 257. In the Saxon times, there were +only computed two hundred and forty-three thousand six hundred hides +in England. + + +NOTE [N] + +The legates A LATERE, as they were called, were a kind of delegates +who possessed the full power of the pope in all the provinces +committed to their charge, and were very busy in extending as well as +exercising it. They nominated to all vacant benefices, assembled +synods, and were anxious to maintain ecclesiastical privileges, which +never could be fully protected without encroachments on the civil +power. If there were the least concurrence or opposition, it was +always supposed that the civil power was to give way: every deed which +had the least pretence of holding of any thing spiritual, as +marriages, testaments, promissory oaths, were brought into the +spiritual court, and could not be canvassed before a civil magistrate. +These were the established laws of the church; and where a legate was +sent immediately from Rome, he was sure to maintain the papal claims +with the utmost rigour: but it was an advantage to the king to have +the Archbishop of Canterbury appointed legate, because the connexions +of that prelate with the kingdom tended to moderate his measures. + + +NOTE [O] + +William of Newbridge, p. 383, (who is copied by later historians,) +asserts, that Geoffrey had some title to the counties of Maine and +Anjou. He pretends that Count Geoffrey, his father, had left him +these dominions by a secret will, and had ordered that his body should +not be buried, till Henry should swear to the observance of it, which +he, ignorant of the contents, was induced to do. But besides that +this story is not very likely in itself, and savours of monkish +fiction, it is found in no other ancient writer, and is contradicted +by some of them, particularly the monk of Marmoutier, who had better +opportunities than Newbridge of knowing the truth. See Vita Gauf. +Duc. Norman. p. 103. + + +NOTE [P] + +The sum scarcely appears credible, as it would amount to much above +half the rent of the whole land. Gervase is indeed a contemporary +author; but churchmen are often guilty of strange mistakes of that +nature, and are commonly but little acquainted with the public +revenues. This sum would make five hundred and forty thousand pounds +of our present money. The Norman Chronicle, p. 995, says that Henry +raised only sixty Angevin shillings on each knight's fee in his +foreign dominions: this is only a fourth of the sum which Gervase says +he levied on England; an inequality nowise probable. A nation may, by +degrees, be brought to bear a tax of fifteen shillings in the pound, +but a sudden and precarious tax can never be imposed to that amount, +without a very visible necessity, especially in an age so little +accustomed to taxes. In the succeeding reign the rent of a knight's +fee was computed at four pounds a year. There were sixty thousand +knights' fees in England. + + +NOTE [Q] + +Fitz-Stephens, p. 18. This conduct appears violent and arbitrary, but +was suitable to the strain of administration in those days. His +father Geoffrey, though represented as a mild prince, set him an +example of much greater violence. When Geoffrey was master of +Normandy, the chapter of sees presumed, without his consent, to +proceed to the election of a bishop; upon which be ordered all of +them, with the bishop elect, to be castrated, and made all their +testicles be brought him in a platter. Fitz-Steph. p. 44. In the war +of Toulouse, Henry laid a heavy and an arbitrary tax on all the +churches within his dominions. See Epist. St. Thom. p. 232. + + +NOTE [R] + +I follow here the narrative of Fitz-Stephens, who was secretary to +Becket; though, no doubt, he may be suspected of partiality towards +his patron. Lord Lyttleton chooses to follow the authority of a +manuscript letter, or rather manifesto, of Folliot, Bishop of London, +which is addressed to Becket himself, at the time when the bishop +appealed to the pope from the excommunication pronounced against him +by his primate. My reasons, why I give the preference to +Fitz-Stephens, are, (1.) If the friendship of Fitz-Stephens might +render him partial to Becket, even after the death of that prelate, +the declared enmity of the bishop must, during his lifetime, have +rendered him more partial on the other side. (2.) The bishop was +moved by interest, as well as enmity, to calumniate Becket. He had +himself to defend against the sentence of excommunication, dreadful to +all, especially to a prelate: and no more effectual means than to +throw all the blame on his adversary. (3.) He has actually been +guilty of palpable calumnies in that letter. Among these, I reckon +the following:--He affirms that, when Becket subscribed the +Constitutions of Clarendon, he said plainly to all the bishops of +England, "It is my master's pleasure that I should forswear myself, +and at present I submit to it, and do resolve to incur a perjury, and +repent afterwards as I may." However barbarous the times, and however +negligent zealous churchmen were then of morality, these are not words +which a primate of great sense, and of much seeming sanctity, would +employ in an assembly of his suffragans: he might act upon these +principles, but never surely would publicly avow them. Folliot also +says, that all the bishops were resolved obstinately to oppose the +Constitutions of Clarendon, but the primate himself betrayed them from +timidity, and led the way to their subscribing. This is contrary to +the testimony of all the historians, and directly contrary to Becket's +character, who surely was not destitute either of courage or of zeal +for ecclesiastical immunities. (4.) The violence and injustice of +Henry, ascribed to him by Fitz-Stephens, is of a piece with the rest +of the prosecution. Nothing could be more iniquitous, than, after two +years' silence, to make a sudden and unprepared demand upon Becket to +the amount of forty-four thousand marks, (equal to a sum of near a +million in our time,) and not allow him the least interval to bring in +his accounts. If the king was so palpably oppressive in one article, +he may he presumed to be equally so in the rest. (5.) Though +Folliot's letter, or rather manifesto, be addressed to Becket himself, +it does not acquire more authority on that account. We know not what +answer was made by Becket: the collection of letters cannot he +supposed quite complete. But that the collection was not made by one +(whoever he were) very partial to that primate, appears from the tenor +of them, where there are many passages very little favourable to him: +insomuch that the editor of them at Brussels, a jesuit, thought proper +to publish them with great omissions, particularly of this letter of +Folliot's. Perhaps Becket made no answer at all, as not deigning to +write to an excommunicated person, whose very commerce would +contaminate him; and the bishop, trusting to this arrogance of his +primate, might calumniate him the more freely. (6.) Though the +sentence pronounced on Becket by the great council implies that he had +refused to make any answer to the king's court, this does not fortify +the narrative of Folliot. For if his excuse was rejected as false and +frivolous, it would he treated as no answer. Becket submitted so far +to the sentence of confiscation of goods and chattels, that he gave +surety, which is a proof that he meant not at that time to question +the authority of the king's courts. (7.) It may be worth observing, +that both the author of Historia quadripartita, and Gervase, +contemporary writers, agree with Fitz-Stephens; and the latter is not +usually very partial to Becket. All the ancient historians give the +same account. + + +NOTE [S] + +Madox, in his Baronia Anglica, cap. 14, tells us, that in the +thirtieth of Henry II. thirty-three cows and two bulls cost but eight +pounds seven shillings, money of that age; five hundred sheep, twenty- +two pounds ten shillings, or about ten pence three farthings per +sheep; sixty-six oxen, eighteen pounds three shillings; fifteen +breeding mares, two pounds twelve shillings and sixpence; and +twenty-two hogs, one pound two shillings. Commodities seem then to +have been about ten times cheaper than at present; all except the +sheep, probably on account of the value of the fleece. The same +author, in his Formulare Anglicanum, p. 17, says, "that in the tenth +year of Richard I. mention is made of ten per cent. paid for money: +but the Jews frequently exacted much higher interest." + + + +END OF VOL. I. + + + +***END OF THE PROJECT GUTENBERG EBOOK THE HISTORY OF ENGLAND, VOLUME I*** + + +******* This file should be named 10574.txt or 10574.zip ******* + + +This and all associated files of various formats will be found in: +https://www.gutenberg.org/1/0/5/7/10574 + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS," WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + +Each eBook is in a subdirectory of the same number as the eBook's +eBook number, often in several formats including plain vanilla ASCII, +compressed (zipped), HTML and others. + +Corrected EDITIONS of our eBooks replace the old file and take over +the old filename and etext number. The replaced older file is renamed. +VERSIONS based on separate sources are treated as new eBooks receiving +new filenames and etext numbers. + +Most people start at our Web site which has the main PG search facility: + +https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + +EBooks posted prior to November 2003, with eBook numbers BELOW #10000, +are filed in directories based on their release date. If you want to +download any of these eBooks directly, rather than using the regular +search system you may utilize the following addresses and just +download by the etext year. + +http://www.ibiblio.org/gutenberg/etext06 + + (Or /etext 05, 04, 03, 02, 01, 00, 99, + 98, 97, 96, 95, 94, 93, 92, 92, 91 or 90) + +EBooks posted since November 2003, with etext numbers OVER #10000, are +filed in a different way. The year of a release date is no longer part +of the directory path. The path is based on the etext number (which is +identical to the filename). The path to the file is made up of single +digits corresponding to all but the last digit in the filename. For +example an eBook of filename 10234 would be found at: + +https://www.gutenberg.org/1/0/2/3/10234 + +or filename 24689 would be found at: +https://www.gutenberg.org/2/4/6/8/24689 + +An alternative method of locating eBooks: +https://www.gutenberg.org/GUTINDEX.ALL + +*** END: FULL LICENSE *** diff --git a/old/10574.zip b/old/10574.zip Binary files differnew file mode 100644 index 0000000..ecb9756 --- /dev/null +++ b/old/10574.zip |
