Volume I Part 7 (1/2)

It was only after years of this feudal anarchy that England was rescued from it by the efforts of the Church. The political influence of the Church had been greatly lessened by the Conquest: for pious, learned, and energetic as the bulk of the Conqueror's bishops were, they were not Englishmen. Till the reign of Henry the First no Englishman occupied an English see. This severance of the higher clergy from the lower priesthood and from the people went far to paralyze the const.i.tutional influence of the Church. Anselm stood alone against Rufus, and when Anselm was gone no voice of ecclesiastical freedom broke the silence of the reign of Henry the First. But at the close of Henry's reign and throughout the reign of Stephen England was stirred by the first of those great religious movements which it was to experience afterwards in the preaching of the Friars, the Lollardism of Wyclif, the Reformation, the Puritan enthusiasm, and the mission work of the Wesleys. Everywhere in town and country men banded themselves together for prayer: hermits flocked to the woods: n.o.ble and churl welcomed the austere Cistercians, a reformed offshoot of the Benedictine order, as they spread over the moors and forests of the North. A new spirit of devotion woke the slumbers of the religious houses, and penetrated alike to the home of the n.o.ble and the trader. London took its full share in the revival. The city was proud of its religion, its thirteen conventual and more than a hundred parochial churches. The new impulse changed its very aspect. In the midst of the city Bishop Richard busied himself with the vast cathedral church of St. Paul which Bishop Maurice had begun; barges came up the river with stone from Caen for the great arches that moved the popular wonder, while street and lane were being levelled to make room for its famous churchyard. Rahere, a minstrel at Henry's court, raised the Priory of St.

Bartholomew beside Smithfield. Alfune built St. Giles's at Cripplegate.

The old English Cnichtenagild surrendered their soke of Aldgate as a site for the new priory of the Holy Trinity. The tale of this house paints admirably the temper of the citizens at the time. Its founder, Prior Norman, built church and cloister and bought books and vestments in so liberal a fas.h.i.+on that no money remained to buy bread. The canons were at their last gasp when the city-folk, looking into the refectory as they pa.s.sed round the cloister in their usual Sunday procession, saw the tables laid but not a single loaf on them. ”Here is a fine set out,” said the citizens; ”but where is the bread to come from?” The women who were present vowed each to bring a loaf every Sunday, and there was soon bread enough and to spare for the priory and its priests.

[Sidenote: Thomas of London]

We see the strength of the new movement in the new cla.s.s of ecclesiastics whom it forced on to the stage. Men like Archbishop Theobald drew whatever influence they wielded from a belief in their holiness of life and unselfishness of aim. The paralysis of the Church ceased as the new impulse bound prelacy and people together, and at the moment we have reached its power was found strong enough to wrest England out of the chaos of feudal misrule. In the early part of Stephen's reign his brother Henry, the Bishop of Winchester, who had been appointed in 1139 Papal Legate for the realm, had striven to supply the absence of any royal or national authority by convening synods of bishops, and by a.s.serting the moral right of the Church to declare sovereigns unworthy of the throne.

The compact between king and people which became a part of const.i.tutional law in the Charter of Henry had gathered new force in the Charter of Stephen, but its legitimate consequence in the responsibility of the crown for the execution of the compact was first drawn out by these ecclesiastical councils. From their alternate depositions of Stephen and Matilda flowed the after depositions of Edward and Richard, and the solemn act by which the succession was changed in the case of James.

Extravagant and unauthorized as their expression of it may appear, they expressed the right of a nation to good government. Henry of Winchester however, ”half monk, half soldier,” as he was called, possessed too little religious influence to wield a really spiritual power, and it was only at the close of Stephen's reign that the nation really found a moral leader in Theobald, the Archbishop of Canterbury. Theobald's ablest agent and adviser was Thomas, the son of Gilbert Beket, a leading citizen and, it is said, Portreeve of London, the site of whose house is still marked by the Mercers' chapel in Cheapside. His mother Rohese was a type of the devout woman of her day; she weighed her boy every year on his birthday against money, clothes, and provisions which she gave to the poor. Thomas grew up amidst the Norman barons and clerks who frequented his father's house with a genial freedom of character tempered by the Norman refinement; he pa.s.sed from the school of Merton to the University of Paris, and returned to fling himself into the life of the young n.o.bles of the time. Tall, handsome, bright-eyed, ready of wit and speech, his firmness of temper showed itself in his very sports; to rescue his hawk which had fallen into the water he once plunged into a millrace and was all but crushed by the wheel. The loss of his father's wealth drove him to the court of Archbishop Theobald, and he soon became the Primate's confidant in his plans for the rescue of England.

[Ill.u.s.tration: The Dominions of the Angevins (v1-map-4t.jpg)]

[Sidenote: Treaty of Wallingford]

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

CHAPTER III HENRY THE SECOND 1154-1189

[Sidenote: Henry Fitz-Empress]

Young as he was, and he had reached but his twenty-first year when he returned to England as its king, Henry mounted the throne with a purpose of government which his reign carried steadily out. His practical, serviceable frame suited the hardest worker of his time. There was something in his build and look, in the square stout form, the fiery face, the close-cropped hair, the prominent eyes, the bull neck, the coa.r.s.e strong hands, the bowed legs, that marked out the keen, stirring, coa.r.s.e-fibred man of business. ”He never sits down,” said one who observed him closely; ”he is always on his legs from morning till night.”

Orderly in business, careless of appearance, sparing in diet, never resting or giving his servants rest, chatty, inquisitive, endowed with a singular charm of address and strength of memory, obstinate in love or hatred, a fair scholar, a great hunter, his general air that of a rough, pa.s.sionate, busy man, Henry's personal character told directly on the character of his reign. His accession marks the period of amalgamation when neighbourhood and traffic and intermarriage drew Englishmen and Normans into a single people. A national feeling was thus springing up before which the barriers of the older feudalism were to be swept away.

Henry had even less reverence for the feudal past than the men of his day: he was indeed utterly without the imagination and reverence which enable men to sympathize with any past at all. He had a practical man's impatience of the obstacles thrown in the way of his reforms by the older const.i.tution of the realm, nor could he understand other men's reluctance to purchase undoubted improvements by the sacrifice of customs and traditions of bygone days. Without any theoretical hostility to the co-ordinate powers of the state, it seemed to him a perfectly reasonable and natural course to trample either baronage or Church under foot to gain his end of good government. He saw clearly that the remedy for such anarchy as England had endured under Stephen lay in the establishment of a kingly rule unembarra.s.sed by any privileges of order or cla.s.s, administered by royal servants, and in whose public administration the n.o.bles acted simply as delegates of the sovereign. His work was to lie in the organization of judicial and administrative reforms which realized this idea. But of the currents of thought and feeling which were tending in the same direction he knew nothing. What he did for the moral and social impulses which were telling on men about him was simply to let them alone. Religion grew more and more identified with patriotism under the eyes of a king who whispered, and scribbled, and looked at picture-books during ma.s.s, who never confessed, and cursed G.o.d in wild frenzies of blasphemy. Great peoples formed themselves on both sides of the sea round a sovereign who bent the whole force of his mind to hold together an Empire which the growth of nationality must inevitably destroy. There is throughout a tragic grandeur in the irony of Henry's position, that of a Sforza of the fifteenth century set in the midst of the twelfth, building up by patience and policy and craft a dominion alien to the deepest sympathies of his age and fated to be swept away in the end by popular forces to whose existence his very cleverness and activity blinded him. But whether by the anti-national temper of his general system or by the administrative reforms of his English rule his policy did more than that of all his predecessors to prepare England for the unity and freedom which the fall of his house was to reveal.

[Sidenote: The Great Scutage]

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

Again however he was luckless in war. King Lewis of France threw himself into Toulouse. Conscious of the ill-compacted nature of his wide dominion, Henry shrank from an open contest with his suzerain; he withdrew his forces, and the quarrel ended in 1160 by a formal alliance and the betrothal of his eldest son to the daughter of Lewis.

[Sidenote: Archbishop Thomas]

Henry returned to his English realm to regulate the relations of the State with the Church. These rested in the main on the system established by the Conqueror, and with that system Henry had no wish to meddle. But he was resolute that, baron or priest, all should be equal before the law; and he had no more mercy for clerical than for feudal immunities.

The immunities of the clergy indeed were becoming a hindrance to public justice. The clerical order in the Middle Ages extended far beyond the priesthood; it included in Henry's day the whole of the professional and educated cla.s.ses. It was subject to the jurisdiction of the Church courts alone; but bodily punishment could only be inflicted by officers of the lay courts, and so great had the jealousy between clergy and laity become that the bishops no longer sought civil aid but restricted themselves to the purely spiritual punishments of penance and deprivation of orders.

Such penalties formed no effectual check upon crime, and while preserving the Church courts the king aimed at the delivery of convicted offenders to secular punishment. For the carrying out of these designs he sought an agent in Thomas the Chancellor. Thomas had now been his minister for eight years, and had fought bravely in the war against Toulouse at the head of the seven hundred knights who formed his household. But the king had other work for him than war. On Theobald's death he forced on the monks of Canterbury his election as Archbishop. But from the moment of his appointment in 1162 the dramatic temper of the new Primate flung its whole energy into the part he set himself to play. At the first intimation of Henry's purpose he pointed with a laugh to his gay court attire: ”You are choosing a fine dress,” he said, ”to figure at the head of your Canterbury monks”; once monk and Archbishop he pa.s.sed with a fevered earnestness from luxury to asceticism; and a visit to the Council of Tours in 1163, where the highest doctrines of ecclesiastical authority were sanctioned by Pope Alexander the Third, strengthened his purpose of struggling for the privileges of the Church. His change of att.i.tude encouraged his old rivals at court to vex him with petty lawsuits, but no breach had come with the king till Henry proposed that clerical convicts should be punished by the civil power. Thomas refused; he would only consent that a clerk, once degraded, should for after offences suffer like a layman. Both parties appealed to the ”customs” of the realm; and it was to state these ”customs” that a court was held in 1164 at Clarendon near Salisbury.

[Sidenote: Legal Reforms]

The report presented by bishops and barons formed the Const.i.tutions of Clarendon, a code which in the bulk of its provisions simply re-enacted the system of the Conqueror. Every election of bishop or abbot was to take place before royal officers, in the king's chapel, and with the king's a.s.sent. The prelate-elect was bound to do homage to the king for his lands before consecration, and to hold his lands as a barony from the king, subject to all feudal burthens of taxation and attendance in the King's Court. No bishop might leave the realm without the royal permission. No tenant in chief or royal servant might be excommunicated, or their land placed under interdict, but by the king's a.s.sent. What was new was the legislation respecting ecclesiastical jurisdiction. The King's Court was to decide whether a suit between clerk and layman, whose nature was disputed, belonged to the Church courts or the King's. A royal officer was to be present at all ecclesiastical proceedings in order to confine the Bishop's court within its own due limits, and a clerk convicted there pa.s.sed at once under the civil jurisdiction. An appeal was left from the Archbishop's court to the King's Court for defect of justice, but none might appeal to the Papal court save with the king's leave. The privilege of sanctuary in churches and churchyards was repealed, so far as property and not persons was concerned. After a pa.s.sionate refusal the Primate was at last brought to give his a.s.sent to these Const.i.tutions, but the a.s.sent was soon retracted, and Henry's savage resentment threw the moral advantage of the position into his opponent's hands. Vexatious charges were brought against Thomas, and he was summoned to answer at a Council held in the autumn at Northampton.

All urged him to submit; his very life was said to be in peril from the king's wrath. But in the presence of danger the courage of the man rose to its full height. Grasping his archiepiscopal cross he entered the royal court, forbade the n.o.bles to condemn him, and appealed in the teeth of the Const.i.tutions to the Papal See. Shouts of ”Traitor!” followed him as he withdrew. The Primate turned fiercely at the word: ”Were I a knight,” he shouted back, ”my sword should answer that foul taunt!” Once alone however, dread pressed more heavily; he fled in disguise at nightfall and reached France through Flanders.

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

[Sidenote: Murder of Thomas]