Part 5 (1/2)
There are no laws of William Rufus. The so called feudal incidents, the claims of marriage, wards.h.i.+p, and the like, on the part of the lord, the ancient _heriot_ developed into the later _relief_, all these things were in the germ under William, as they had been in the germ long before him.
In the hands of Randolf Flambard they stiffen into established custom; their legal acknowledgement comes from the charter of Henry the First which promises to reform their abuses. Thus the Conqueror clearly claimed the right to interfere with the marriages of his n.o.bles, at any rate to forbid a marriage to which he objected on grounds of policy.
Under Randolf Flambard this became a regular claim, which of course was made a means of extorting money. Under Henry the claim is regulated and modified, but by being regulated and modified, it is legally established.
The ordinary administration of the kingdom went on under William, greatly modified by the circ.u.mstances of his reign, but hardly at all changed in outward form. Like the kings that were before him, he ”wore his crown”
at the three great feasts, at Easter at Winchester, at Pentecost at Westminster, at Christmas at Gloucester. Like the kings that were before him, he gathered together the great men of the realm, and when need was, the small men also. Nothing seems to have been changed in the const.i.tution or the powers of the a.s.sembly; but its spirit must have been utterly changed. The innermost circle, earls, bishops, great officers of state and household, gradually changed from a body of Englishmen with a few strangers among them into a body of strangers among whom two or three Englishmen still kept their places. The result of their ”deep speech”
with William was not likely to be other than an a.s.sent to William's will.
The ordinary freeman did not lose his abstract right to come and shout ”Yea, yea,” to any addition that King William made to the law of King Edward. But there would be nothing to tempt him to come, unless King William thought fit to bid him. But once at least William did gather together, if not every freeman, at least all freeholders of the smallest account. On one point the Conqueror had fully made up his mind; on one point he was to be a benefactor to his kingdom through all succeeding ages. The realm of England was to be one and indivisible. No ruler or subject in the kingdom of England should again dream that that kingdom could be split asunder. When he offered Harold the underkings.h.i.+p of the realm or of some part of it, he did so doubtless only in the full conviction that the offer would be refused. No such offer should be heard of again. There should be no such division as had been between c.n.u.t and Edmund, between Harthac.n.u.t and the first Harold, such as Edwin and Morkere had dreamed of in later times. Nor should the kingdom be split asunder in that subtler way which William of all men best understood, the way in which the Frankish kingdoms, East and West, had split asunder. He would have no dukes or earls who might become kings in all but name, each in his own duchy or earldom. No man in his realm should be to him as he was to his overlord at Paris. No man in his realm should plead duty towards an immediate lord as an excuse for breach of duty towards the lord of that immediate lord. Hence William's policy with regard to earldoms. There was to be nothing like the great governments which had been held by G.o.dwine, Leofric, and Siward; an Earl of the West-Saxons or the Northumbrians was too like a Duke of the Normans to be endured by one who was Duke of the Normans himself. The earl, even of the king's appointment, still represented the separate being of the district over which he was set. He was the king's representative rather than merely his officer; if he was a magistrate and not a prince, he often sat in the seat of former princes, and might easily grow into a prince. And at last, at the very end of his reign, as the finis.h.i.+ng of his work, he took the final step that made England for ever one. In 1086 every landowner in England swore to be faithful to King William within and without England and to defend him against his enemies. The subject's duty to the King was to any duty which the va.s.sal might owe to any inferior lord. When the King was the embodiment of national unity and orderly government, this was the greatest of all steps in the direction of both. Never did William or any other man act more distinctly as an English statesman, never did any one act tell more directly towards the later making of England, than this memorable act of the Conqueror. Here indeed is an addition which William made to the law of Edward for the truest good of the English folk. And yet no enactment has ever been more thoroughly misunderstood. Lawyer after lawyer has set down in his book that, at the a.s.sembly of Salisbury in 1086, William introduced ”the feudal system.” If the words ”feudal system” have any meaning, the object of the law now made was to hinder any ”feudal system”
from coming into England. William would be king of a kingdom, head of a commonwealth, personal lord of every man in his realm, not merely, like a King of the French, external lord of princes whose subjects owed him no allegiance. This greatest monument of the Conqueror's statesmans.h.i.+p was carried into effect in a special a.s.sembly of the English nation gathered on the first day of August 1086 on the great plain of Salisbury. Now, perhaps for the first time, we get a distinct foreshadowing of Lords and Commons. The Witan, the great men of the realm, and ”the landsitting men,” the whole body of landowners, are now distinguished. The point is that William required the personal presence of every man whose personal allegiance he thought worth having. Every man in the mixed a.s.sembly, mixed indeed in race and speech, the King's own men and the men of other lords, took the oath and became the man of King William. On that day England became for ever a kingdom one and indivisible, which since that day no man has dreamed of parting asunder.
The great a.s.sembly of 1086 will come again among the events of William's later reign; it comes here as the last act of that general settlement which began in 1070. That settlement, besides its secular side, has also an ecclesiastical side of a somewhat different character. In both William's coming brought the island kingdom into a closer connexion with the continent; and brought a large displacement of Englishmen and a large promotion of strangers. But on the ecclesiastical side, though the changes were less violent, there was a more marked beginning of a new state of things. The religious missionary was more inclined to innovate than the military conqueror. Here William not only added but changed; on one point he even proclaimed that the existing law of England was bad.
Certainly the religious state of England was likely to displease churchmen from the mainland. The English Church, so directly the child of the Roman, was, for that very reason, less dependent on her parent.
She was a free colony, not a conquered province. The English Church too was most distinctly national; no land came so near to that ideal state of things in which the Church is the nation on its religious side. Papal authority therefore was weaker in England than elsewhere, and a less careful line was drawn between spiritual and temporal things and jurisdictions. Two friendly powers could take liberties with each other.
The national a.s.semblies dealt with ecclesiastical as well as with temporal matters; one indeed among our ancient laws blames any a.s.sembly that did otherwise. Bishop and earl sat together in the local _Gemot_, to deal with many matters which, according to continental ideas, should have been dealt with in separate courts. And, by what in continental eyes seemed a strange laxity of discipline, priests, bishops, members of capitular bodies, were often married. The English diocesan arrangements were unlike continental models. In Gaul, by a tradition of Roman date, the bishop was bishop of the city. His diocese was marked by the extent of the civil jurisdiction of the city. His home, his head church, his _bishopstool_ in the head church, were all in the city. In Teutonic England the bishop was commonly bishop, not of a city but of a tribe or district; his style was that of a tribe; his home, his head church, his bishopstool, might be anywhere within the territory of that tribe.
Still, on the greatest point of all, matters in England were thoroughly to William's liking; nowhere did the King stand forth more distinctly as the Supreme Governor of the Church. In England, as in Normandy, the right of the sovereign to the invest.i.ture of ecclesiastical benefices was ancient and undisputed. What Edward had freely done, William went on freely doing, and Hildebrand himself never ventured on a word of remonstrance against a power which he deemed so wrongful in the hands of his own sovereign. William had but to stand on the rights of his predecessors. When Gregory asked for homage for the crown which he had in some sort given, William answered indeed as an English king. What the kings before him had done for or paid to the Roman see, that would he do and pay; but this no king before him had ever done, nor would he be the first to do it. But while William thus maintained the rights of his crown, he was willing and eager to do all that seemed needful for ecclesiastical reform. And the general result of his reform was to weaken the insular independence of England, to make her Church more like the other Churches of the West, and to increase the power of the Roman Bishop.
William had now a fellow-worker in his taste. The subtle spirit which had helped to win his kingdom was now at his side to help him to rule it.
Within a few months after the taking of Chester Lanfranc sat on the throne of Augustine. As soon as the actual Conquest was over, William began to give his mind to ecclesiastical matters. It might look like sacrilege when he caused all the monasteries of England to be harried.
But no harm was done to the monks or to their possessions. The holy houses were searched for the h.o.a.rds which the rich men of England, fearing the new king, had laid up in the monastic treasuries. William looked on these h.o.a.rds as part of the forfeited goods of rebels, and carried them off during the Lent of 1070. This done, he sat steadily down to the reform of the English Church.
He had three papal legates to guide him, one of whom, Ermenfrid, Bishop of Sitten, had come in on a like errand in the time of Edward. It was a kind of solemn confirmation of the Conquest, when, at the a.s.sembly held at Winchester in 1070, the King's crown was placed on his head by Ermenfrid. The work of deposing English prelates and appointing foreign successors now began. The primacy of York was regularly vacant; Ealdred had died as the Danes sailed up the Humber to a.s.sault or to deliver his city. The primacy of Canterbury was to be made vacant by the deposition of Stigand. His canonical position had always been doubtful; neither Harold nor William had been crowned by him; yet William had treated him hitherto with marked courtesy, and he had consecrated at least one Norman bishop, Remigius of Dorchester. He was now deprived both of the archbishopric and of the bishopric of Winchester which he held with it, and was kept under restraint for the rest of his life. According to foreign canonical rules the sentence may pa.s.s as just; but it marked a stage in the conquest of England when a stout-hearted Englishman was removed from the highest place in the English Church to make way for the innermost counsellor of the Conqueror. In the Pentecostal a.s.sembly, held at Windsor, Lanfranc was appointed archbishop; his excuses were overcome by his old master Herlwin of Bec; he came to England, and on August 15, 1070 he was consecrated to the primacy.
Other deprivations and appointments took place in these a.s.semblies. The see of York was given to Thomas, a canon of Bayeux, a man of high character and memorable in the local history of his see. The abbey of Peterborough was vacant by the death of Brand, who had received the staff from the uncrowned Eadgar. It was only by rich gifts that he had turned away the wrath of William from his house. The Fenland was perhaps already stirring, and the Abbot of Peterborough might have to act as a military commander. In this case the prelate appointed, a Norman named Turold, was accordingly more of a soldier than of a monk. From these a.s.semblies of 1070 the series of William's ecclesiastical changes goes on. As the English bishops die or are deprived, strangers take their place. They are commonly Normans, but Walcher, who became Bishop of Durham in 1071, was one of those natives of Lorraine who had been largely favoured in Edward's day. At the time of William's death Wulfstan was the only Englishman who kept a bishopric. Even his deprivation had once been thought of. The story takes a legendary shape, but it throws an important light on the relations of Church and State in England. In an a.s.sembly held in the West Minster Wulfstan is called on by William and Lanfranc to give up his staff. He refuses; he will give it back to him who gave it, and places it on the tomb of his dead master Edward. No of his enemies can move it. The sentence is recalled, and the staff yields to his touch. Edward was not yet a canonized saint; the appeal is simply from the living and foreign king to the dead and native king. This legend, growing up when Western Europe was torn in pieces by the struggle about invest.i.tures, proves better than the most authentic doc.u.ments how the right which Popes denied to Emperors was taken for granted in the case of an English king. But, while the spoils of England, temporal and spiritual, were thus scattered abroad among men of the conquering race, two men at least among them refused all share in plunder which they deemed unrighteous. One gallant Norman knight, Gulbert of Hugleville, followed William through all his campaigns, but when English estates were offered as his reward, he refused to share in unrighteous gains, and went back to the lands of his fathers which he could hold with a good conscience. And one monk, Wimund of Saint-Leutfried, not only refused bishoprics and abbeys, but rebuked the Conqueror for wrong and robbery.
And William bore no grudge against his censor, but, when the archbishopric of Rouen became vacant, he offered it to the man who had rebuked him. Among the worthies of England Gulbert and Wimund can hardly claim a place, but a place should surely be theirs among the men whom England honours.
The primacy of Lanfranc is one of the most memorable in our history. In the words of the parable put forth by Anselm in the next reign, the plough of the English Church was for seventeen years drawn by two oxen of equal strength. By ancient English custom the Archbishop of Canterbury was the King's special counsellor, the special representative of his Church and people. Lanfranc cannot be charged with any direct oppression; yet in the hands of a stranger who had his spiritual conquest to make, the tribunitian office of former archbishops was lost in that of chief minister of the sovereign. In the first action of their joint rule, the interest of king and primate was the same. Lanfranc sought for a more distinct acknowledgement of the superiority of Canterbury over the rival metropolis of York. And this fell in with William's schemes for the consolidation of the kingdom. The political motive is avowed.
Northumberland, which had been so hard to subdue and which still lay open to Danish invaders or deliverers, was still dangerous. An independent Archbishop of York might consecrate a King of the Northumbrians, native or Danish, who might grow into a King of the English. The Northern metropolitan had unwillingly to admit the superiority, and something more, of the Southern. The caution of William and his ecclesiastical adviser reckoned it among possible chances that even Thomas of Bayeux might crown an invading c.n.u.t or Harold in opposition to his native sovereign and benefactor.
For some of his own purposes, William had perhaps chosen his minister too wisely. The objects of the two colleagues were not always the same.
Lanfranc, sprung from Imperialist Pavia, was no zealot for extravagant papal claims. The caution with which he bore himself during the schism which followed the strife between Gregory and Henry brought on him more than one papal censure. Yet the general tendency of his administration was towards the growth of ecclesiastical, and even of papal, claims.
William never dreamed of giving up his ecclesiastical supremacy or of exempting churchmen from the ordinary power of the law. But the division of the civil and ecclesiastical jurisdiction, the increased frequency of synods distinct from the general a.s.semblies of the realm-even though the acts of those synods needed the royal a.s.sent-were steps towards that exemption of churchmen from the civil power which was a.s.serted in one memorable saying towards the end of William's own reign. William could hold his own against Hildebrand himself; yet the increased intercourse with Rome, the more frequent presence of Roman Legates, all tended to increase the papal claims and the deference yielded to them. William refused homage to Gregory; but it is significant that Gregory asked for it. It was a step towards the day when a King of England was glad to offer it. The increased strictness as to the marriage of the clergy tended the same way. Lanfranc did not at once enforce the full rigour of Hildebrand's decrees. Marriage was forbidden for the future; the capitular clergy had to part from their wives; but the vested interest of the parish priest was respected. In another point William directly helped to undermine his own authority and the independence of his kingdom. He exempted his abbey of the Battle from the authority of the diocesan bishop. With this began a crowd of such exemptions, which, by weakening local authority, strengthened the power of the Roman see. All these things helped on Hildebrand's great scheme which made the clergy everywhere members of one distinct and exclusive body, with the Roman Bishop at their head. Whatever tended to part the clergy from other men tended to weaken the throne of every king. While William reigned with Lanfranc at his side, these things were not felt; but the seed was sown for the controversy between Henry and Thomas and for the humiliation of John.
Even those changes of Lanfranc's primacy which seem of purely ecclesiastical concern all helped, in some way to increase the intercourse between England and the continent or to break down some insular peculiarity. And whatever did this increased the power of Rome.
Even the decree of 1075 that bishoprics should be removed to the chief cities of their dioceses helped to make England more like Gaul or Italy.
So did the fancy of William's bishops and abbots for rebuilding their churches on a greater scale and in the last devised continental style.
All tended to make England less of another world. On the other hand, one insular peculiarity well served the purposes of the new primate.
Monastic chapters in episcopal churches were almost unknown out of England. Lanfranc, himself a monk, favoured monks in this matter also.
In several churches the secular canons were displaced by monks. The corporate spirit of the regulars, and their dependence on Rome, was far stronger than that of the secular clergy. The secular chapters could be refractory, but the disputes between them and their bishops were mainly of local importance; they form no such part of the general story of ecclesiastical and papal advance as the long tale of the quarrel between the archbishops and the monks of Christ Church.
Lanfranc survived William, and placed the crown on the head of his successor. The friends.h.i.+p between king and archbishop remained unbroken through their joint lives. Lanfranc's acts were William's acts; what the Primate did must have been approved by the King. How far William's acts were Lanfranc's acts it is less easy to say. But the Archbishop was ever a trusted minister, and a trusted counsellor, and in the King's frequent absences from England, he often acted as his lieutenant. We do not find him actually taking a part in warfare, but he duly reports military successes to his sovereign. It was William's combined wisdom and good luck to provide himself with a counsellor than whom for his immediate purposes none could be better. A man either of a higher or a lower moral level than Lanfranc, a saint like Anselm or one of the mere worldly bishops of the time, would not have done his work so well. William needed an ecclesiastical statesman, neither unscrupulous nor over-scrupulous, and he found him in the lawyer of Pavia, the doctor of Avranches, the monk of Bec, the abbot of Saint Stephen's. If Lanfranc sometimes unwittingly outwitted both his master and himself, if his policy served the purposes of Rome more than suited the purposes of either, that is the common course of human affairs. Great men are apt to forget that systems which they can work themselves cannot be worked by smaller men. From this error neither William nor Lanfranc was free.
But, from their own point of view, it was their only error. Their work was to subdue England, soul and body; and they subdued it. That work could not be done without great wrong: but no other two men of that day could have done it with so little wrong. The shrinking from needless and violent change which is so strongly characteristic of William, and less strongly of Lanfranc also, made their work at the time easier to be done; in the course of ages it made it easier to be undone.
CHAPTER X.