The Assize of Clarendon was drawn up in February 1166, and in March Henry sailed for France. Trouble awaited him there on every hand, and during the next two years he had to meet no less than thirteen revolts or wars. Aquitaine declared against the imperial system; loud complaints were raised of Henry's contempt of old franchises and liberties, and of the "officers of a strange race" who violated the customs of the country by orders drawn up in a foreign tongue—the langue d'oil, the speech of Norman and Angevin. Maine, Touraine, and Britanny were in chronic revolt. The Welsh rose and conquered Flint. The King of Scotland was in treaty with France. Warring parties in Ireland claimed Henry's interference. England was uneasy and discontented. Louis of France was allied with all Henry's enemies —Gascons, Bretons, Welsh and Scotch; he aided the Count of Flanders and the Count of Boulogne in preparing a fleet of six hundred ships to attack the southern coast of England. The Pope's attitude was cautious and uncertain. When Barbarossa's armies were triumphant in Italy, when Henry's Italian alliances were strong and his bribes were big, Alexander leaned to the king; when success again returned to Rome he looked with more effectual favour on the demands of the archbishop. The rising tide of disaffection tried the king sorely. It was in vain that he sought to win over the leaders of the ecclesiastical party, the canon lawyers, such as John of Salisbury, or Master Herbert of Bosham, with whom he argued the point at his Easter Court at Angers. John of Salisbury flatly rejected the Constitutions, declaring that his first obedience was due to the Pope and the archbishop. Herbert was yet more defiant. "Look how this proud fellow comes!" said Henry, as the stately Herbert entered in his splendid dress of green cloth of Auxerre, with a richly trimmed cloak hanging after the German fashion to his heels. He was no true servant to the king, declared Herbert when he had seated himself, who would allow him to go astray. As for the customs, there were bad enough customs in other countries against the Church of God, but at least they were not written down either in the lands of the King of France or of the King of the Germans. "Why do you diminish his dignity?" hastily demanded the king, "by not calling him the Emperor of the Germans?" "The King of the Germans he is," retorted Herbert, "though when he writes, he signs Imperator Romanorum semper Augustus_.'" "Shame!" cried the king, "here is an outrage! Why should this son of a priest disturb my kingdom and disquiet my peace?" "Nay," said Herbert, "I am not the son of a priest, for it was after my birth my father became a priest; neither is he the son of a king save one whom his father begat being king." "Whosesoever son he may be," cried a baron who sat by, "I would give the half of my land that he were mine!" Henry heard the words bitterly, and held his peace; and in a few moments ordered the intractable Herbert to depart. The strife between Church and State was, in fact, taking every day a new harshness. Gregory VII. a century earlier had suggested that kingly power was of diabolic origin. "Who is ignorant that kings and princes have their beginning in this, that knowing not God, they by rapine, perfidy, and slaughter, the devil moving them, affect rule over their equals-that is, over men, with blind greed and intolerable presumption." But the papal theory of a vast Christian republic of all peoples, under the leadership of Rome, found little favour with the kings of the rising states which were beginning to shape themselves into the great powers of modern Europe. Henry, steeped in the new temper, proposed a rival theory of the origin of government. "Thou," he wrote to the Pope, "by the papal authority granted thee by men, thinkest to prevail over the authority of the royal dignity committed to me by God." The wisest of the churchmen of England used more sober language than all this. "Ecclesiastical dignity," wrote Ralph of Diceto, later the Dean of St. Paul's, "rather advances than abolishes royal dignity, and the royal dignity is wont rather to preserve than to destroy ecclesiastical liberty, for kings have no salvation without the Church, nor can the Church obtain peace without the protection of the king." To the fiery zeal of the archbishop, on the other hand, the secular power was as "lead" compared to the fine "gold" of the spiritual dignity. Henry, he cried loudly, was a "tyrant"-a word which to medieval ears meant not an arbitrary or capricious ruler, since that was the admitted right of every ruler, but a king who governed without heeding the eternal maxims of the "law of nature," an idea which theologians had borrowed from the theories of the ancient law of Rome, and modified to mean the law of Scripture or of the Church. But in the arguments of Thomas this law took the narrowest proportions, with no wider interpretation than that given by the pedantic temper of a fanatical ecclesiastical politician. He fought his battles too often by violent and vulgar methods, and Henry reaped the profit of his errors. How far our national solution of the problem raised between Church and State might have been altered or delayed if the claims of the Church had at this moment been represented by a leader of supreme moral and spiritual authority, it is hard to say. But Thomas was far from being at the highest level of his own day in religious thought. When some years later the holy Hugh of Lincoln forbade his archdeacons and their officers to receive fines instead of inflicting penance for crimes, he was met by the objection that the blessed archbishop and martyr Thomas himself had taken fines. "Believe me," said Hugh, "not for that was he a saint; he showed other marks of holiness, by another title he won the martyr's palm." In the spring of 1166 Thomas was appointed Papal Legate for England, and he at once used his new authority to excommunicate in June all the king's chief agents—Richard of Ilchester, John of Oxford, Richard de Lucy, Jocelyn of Bailleul—while the king himself was only spared for the moment that he might have a little space for repentance. Rumour asserted too that the Primate acted as counsellor to the foreign enemies of England, declaring that he would either restore himself to his see or take away Henry's crown. He saw with delight the growing irritation of England under its sufferings after the Assize of Clarendon; ancient prophecies of Merlin's which foretold disaster were on his lips, and he grew yet more defiant in his sense of the king's impending ruin. The pride and temper of Henry kept pace with those of Thomas. He became more and more fierce and uncompromising. In answer to the excommunications he forced the Cistercians in 1166, by threats of vengeance in England, to expel Thomas from Pontigny. When papal legates arrived in 1167 with proposals for mediation, he bluntly expressed his hope that he might never see any more cardinals. His political activity was unceasing. He completed the conquest of Britanny, and concluded a treaty of marriage between his son Geoffrey and its heiress Constance. The Count of Blois was won at a cost of £500 a year. Mortain was bought from the Count of Boulogne. "Broad and deep ditches were made between France and Normandy." A frontier castle was raised at Beauvoir. His second son Richard, then twelve years old, was betrothed to Louis's daughter Adela; and his daughter Eleanor to the King of Castile. He secured the friendship of Flanders. He was busy building up a plan of Italian alliances and securing the passes over the Alps. Milan, Parma, Bologna, Cremona, the Marquis of Montferrat, the barons of Rome, all were won by his lavish pay. The alliance of Sicily was established by the betrothal of his daughter with its king. The states of the Pope were being gradually hemmed in between Henry's allies to north and south. The threat of an imperial alliance was added to hold his enemies in awe. In the spring of 1168 his eldest daughter was married to the Emperor's cousin, Henry the Lion, the national hero of Germany, second only to Barbarossa in power, Duke of Bavaria, Duke of Saxony, Lord of Brunswick, and of vast estates in Northern Germany, with claims to the inheritance of Tuscany and of the Lombard possessions of the House of Este. For the purpose of a judicious threat, he even entertained an imperial embassy which promised him armed help and urged him to recognize the anti-Pope, whose first act, as both Henry and Thomas well understood, would have been the deposition of the archbishop. At last the moment seemed come, not only to win a peace with France, but to carry out a long-cherished scheme for the ordering of the Angevin Empire. He met the King of France at Montmirail on the feast of the Epiphany, January 6, 1169, and the mighty Angevin ruler bowed himself before his feebler suzerain lord to renew his homage. "On this day, my lord king, on which the three kings offered gifts to the King of kings, myself, my sons, and my land, I commend to your keeping." His continental estates were divided among his sons, to be held under his supreme authority. The eldest, Henry, who had in 1160 done homage to Louis for Normandy, now did homage for Anjou, Maine, and Britanny. Richard received Aquitaine, and Geoffrey was set over Britanny under his elder brother as overlord. This division of Henry's dominions by no means implied any intention on the king's part of giving up the administration of the provinces. It was but the first step towards the realization of his imperial system, by which he was to reign as supreme lord, surrounded by the sub-rulers of his various provinces. Harassed as he had been with ceaseless wars, from the Welsh mountains to the Pyrenees, he might well believe that such a system would best provide for the defence of his unwieldy states; "When he alone had the rule of his kingdom," as he said later, "he had let nothing go of his rights; and now, when many were joined in the government of his lands, it would be a shame that any part of them were lost." In the difficulties of internal administration the system might prove no less useful. That any serious difference of interest could arise between himself and the sons whom he loved "more than a father," Henry could never, then or afterwards, believe. He rather trusted that a wise division of authority between them might secure the administrative power in the royal house, and prevent the growth of excessive influence among his ministers. But for all his hopes, the treaty of Montmirail was in fact a crowning triumph for France; it was virtually the first breaking up of the Empire, and had in it the seeds of Henry's later ruin. There was another side to the treaty. Henry and Thomas met at Montmirail for the first time since the council of Northampton over four years before, to renew a quarrel in which no terms of peace were possible. The old hopeless dispute raged afresh, the king demanding a vow to obey the "customs of the kingdom," Thomas insisting on his clause "saving my order," "saving the honour of God." The former weary negotiations began again; new envoys hurried backwards and forwards; interminable letters argued the limits of the temporal and spiritual powers in phrases which lost nothing of their arrogance from the fact that neither side had the power to enforce their claims. The Primate would have no counsels. "Believe me," Thomas wrote of Henry, "who know the manners of the man, he is of such a disposition that nothing but punishment can mend." He excommunicated the bishops of London and Salisbury and a number of clerks and laymen, till in the chapel of the king there was scarcely one who was able to give him the kiss of peace. Henry "shook with fear," according to the boast of Thomas, at the excommunications. In vain the Pope sought to moderate his zeal. In the summer of 1169 two legates were sent to settle the dispute, of whom one was pledged to the king and the other to the archbishop. Henry, like every one else, saw the futility of their mission, and "led them for a week," as one of them complained, "through many windings both of road and speech." With a scornful taunt that "he did not care an egg for them and their excommunications," he finally mounted his horse to ride off from the conference. "I see, I see!" he said to the frightened bishops who hurried after him to call him back; "they will interdict my land, but surely I who can take the strongest of castles in any single day, shall I not avail to scotch a single clerk if he should interdict my land!" When a compromise seemed possible, he suddenly added to the form of peace he had proposed the words, "saving the dignity of my kingdom." This broke off all negotiations. "The dignity of the kingdom," said Thomas, "was only a softer name for the Constitutions of Clarendon." "If the king," said John of Salisbury, "had obtained the insertion of this clause, he had carried the royal customs, only changing the name." A new attempt at reconciliation was made in November at Montmartre, but Henry refused to give the Primate the "kiss of peace," which in feudal custom was the binding sign of perfect friendship; and when the Pope thought to compel his submission, first by threats and promises, then by a formal threat of interdict, he answered by despatching very decided orders to England. Anyone who carried an interdict to England was to suffer as a traitor; all clerks were summoned home from abroad; none might leave the kingdom without an order from the king; if any man should observe an interdict he was to be banished with all his kindred. All appeal to Pope or archbishop was forbidden; no mandate might be carried to Pope or archbishop; if any man favoured Pope or archbishop his goods and those of his kindred should be confiscated. All subjects of the realm, from boys to old men, must swear obedience to these articles. But if Henry had long been used to see his mere will turn into absolute law, he had now reached a point where the submission of his subjects broke down. The laity indeed obeyed, but the clergy, with the Archbishop of York at their head, absolutely refused to abjure obedience to Pope and Primate. Throughout the strife the leading clergy had sought to avoid taking sides, but as the king's attitude became more and more arbitrary, a steady undercurrent of resistance made itself felt. As early as 1166 the king's officer, Richard of Ilchester, sought counsel of Ralph of Diceto as to the duty of observing his excommunication by Thomas. The answer shows the nobler influence of the Church in maintaining the rigid rule of law as opposed to arbitrary government, and its large sense that general order was to be preferred to private good. He laid down that an archbishop's spiritual rights are indestructible; that in all cases submission to law was the highest duty; and that it was better humbly to accept even a harsh sentence than to set an evil example of disobedience by which others might be led to their ruin. In 1167 the clergy had been called to London to swear fealty to the anti-Pope; but "as the bishops refused to take so detestable an oath against God and the Pope, this unlawful and wicked business came to an end." The bishops had obeyed the excommunication of Foliot by the Primate; they had refused to join in his appeal to Rome or to hold communion with him. It now seemed as though in this last decree of 1169 Henry had reached the limits of his authority over the Church, and it may be that some sense of peril induced him at the Pope's orders to summon Thomas to Normandy to renew negotiations for the peace of Montmartre. But the meeting never took place. Before Thomas could reach Caen he was stopped by news that Henry had suddenly left for England. In the midst of a terrible storm the king crossed the Channel on the 3rd of March 1170, and barely escaping with his life, landed at Portsmouth after four years' absence. So sudden was his journey that a rumour spread that he had fled over sea to avoid the interdict proclaimed by Thomas. But during his absence trouble had been steadily growing in England. In his sore straits for money during these last years, Henry could not always be particular as to means. Jews were robbed and banished; the bishopric of Lincoln was added to the half-dozen sees already vacant, and its treasure swept into the royal Hoard; an "aid" was raised for the marriage of his daughter, and a terrible list of fines levied under the Assize of Clarendon. The sums raised told, in fact, of the general increase of wealth. The national income, which at the beginning of Henry's reign had been but £22,000, was raised in the last year to £48,000, and an enormous treasure had been accumulated said to be equal to 100,000 marks, or, by another account, to be worth £900,000. The increase of trade was shown by the growing numbers of Jews, the bankers and usurers of the time. At the beginning of Henry's reign they were still so few that it was possible to maintain a law which forbade their burial anywhere save in one cemetery near London. Before its close their settlements were so numerous that Jewish burial-grounds had to be established near every great town. Their banking profits were enormous, and Christians who saw the wages of sin heaped up before their eyes, looked wistfully at a business forbidden by the ecclesiastical standard of morals of that day. The towns were stirred with a new activity. London naturally led the way. The very look of the city told of its growing wealth. Till now the poor folk in towns found shelter in hovels of such a kind that Henry II. could order that the houses of heretics should be carried outside the town and burned. But the new wealth of merchant and Jew and trader was seen in the "stone houses," some indeed like "royal palaces," which sprang up on every hand, and offered a new temptation to house-breakers and plunderers of the thickly-peopled alleys. The new cathedral of St. Paul's had just been built. The tower and the palace at Westminster had been repaired by the splendid extravagance of Chancellor Thomas, and the citizens, impatient of the wooden bridge that spanned the river, were on the point of beginning the "London Bridge" of stone. In the next quarter of a century merchants of Kiln had their guild-hall in the city, while merchants of the Empire were settled by the river-side in the hall later known as the Steel Yard. Already charters confirmed to London its own laws and privileges, and only three or four years after Henry's death its limited freedom was exchanged for a really municipal life under a mayor elected by the citizens themselves. Oxford too, at the close of Henry's reign, was busy replacing its old wooden hovels with new "houses of stone"; and could buy from Richard a charter which set its citizens as free from toll or due as those of London, and gave them, instead of the king's bailiff, a mayor of their own election, under whom they could manage their own judicial and political affairs in their own Parliament. Winchester, Northampton, Norwich, Ipswich, Doncaster, Carlisle, Lincoln, Scarborough, York, won their charters at the same time—bought by the wealth which had been stored up in the busy years while Henry reigned. A chance notice of Gloucester shows us its two gaols—the city gaol which the citizens were bound to watch, and the castle prison of the king. The royal officers marked by their exactions the growth of the town's prosperity, and no longer limited themselves to time-honoured privileges of extortion. Bristol could claim its own coroners; it could assert its right to be free of frank-pledge; its burghers were in 1164 taken under the king's special patronage and protection; in 1172 he granted them the right of colonizing Dublin and holding it with all the liberties with which they held Bristol itself, to the wrath of the men of Chester who had long been rivals of the Bristol men, and who hastened to secure a royal writ ordering that they should be as free to trade with Dublin as they had ever been, for all the privileges of Bristol. Its merchants were fast lining the banks of the Severn with quays, and a later attempt to hinder them by law was successfully resisted. The new commercial spirit soon quickened alike the wits of royal officers and burghers. The weavers did not keep to the legal measure for the width of cloth. The woad-sellers no longer heaped up their measures, as of old, above the brim. The constables on their side began to demand outrageous dues on the sale of herrings, and what was more, whereas of old heavy goods, such as wood, hides, iron, woad, were sold outside the fair and escaped dues, now the constable of the castle insisted on tolls for every sale even without the bounds—a pound of pepper, or even more, had to go into his hand. The citizens of Lincoln had analized the Witham, and built up an illustration of the rapid development of the trading towns. As early as the beginning of the century its owner, the Bishop of Norwich, had seen its advantages, lying as it did at the mouth of the Ouse, and forming the only outlet for the trade of seven shires. It was not long before the prudent bishops had made of it the Liverpool of medieval times. The Lynn of older days, later known as "King's Lynn," with its little crowded market shut in between Guildhall and Church, the booths then as now leaning against the church walls, and a tangle of narrow lanes leading to the river-side, was in no way fit for the great demands of an awakened commerce; its life went on as of old, but the sea was driven back by a vast embankment, and the "Bishop's Lynn" rose on the newly-won land along the river-bank, with its great market-place, its church, its jewry, its merchant-houses, and its guild-houses; and soon, in the thick of the busiest quarter, by the wharves, rose the "stone house" of the bishop himself, looking closely out on the "strangers' ships" that made their way along the Ouse laden with provisions and with merchandise. But this growing wealth was still mainly confined to the towns. The great bulk of the country was purely agricultural, and had no concern in any questions of trade. There is a record of over five hundred pleas of the Gloucestershire fifty years later, and among all these there is outside the town of Gloucester but one case which deals with the lawful width for weaving cloth, and one or two as to the sale of bread, ale, or wine. The agricultural peasants seem, from the glimpses which we catch here and there, to have for the most part lived on the very verge of starvation. Every few years with dreary regularity we note the chronicler's brief record of cattle-plague, famine, pestilence. Half a century later we read in legal records the tale of a hard winter and its consequences—the dead bodies of the famine-stricken serfs lying in the fields on every side, and the judges of the King's Court claiming from the starving survivors the "murder-fine" ordained by law to be paid for every dead body found when the murderer was not produced. The system of cultivation was ignorant and primitive. Rendered timid by the repeated failure of crops, the poor people would set aside a part of their land to sow together oats, barley, and wheat, in the hope that whatever were the season something would come up which might serve for the rough black bread which was their main food. The low wet grounds were still undrained, and the number of cases of eye-disease which we find in the legends of miraculous cures point to the prevalence of ophthalmia brought on by damp and low living, as the army of lepers points to the filth and misery of the poor .The "common fields" and pastures of the villages must have lain on the higher grounds which were not mere swamps during half the year. But to these a dry season brought ruin. In time of drought the cattle had to be driven five or six miles to find water in the well or pool which served for the whole district. If by any chance disease broke out, the wearied beasts that met at the watering or drank of the tainted pool carried it far and wide, and plague soon raged from end to end of the country. Even in the days of Henry VIII. shrewd observers noted that the new grazing farms, where the cattle were better fed and kept separate, alone escaped these ravages, and that it was these farms whence came the only meat to be found in the country through the long winter months or in time of murrain. This purpose was doubtless served earlier by the great monastic estates, but means of transport scarcely existed; each district had to live on its own resources, and vast tracts of country were with every unfavourable season stricken by hunger and by the plague and famine fever that followed it. One source of later misery was indeed unknown. The war of classes had not yet begun. The lawyers had not been at work hardening and defining vague traditions, and legally the position of the serf was far better than it was a hundred years later. The feudal system still preserved relations between the lord and his dependents, which were more easy and familiar than anything we know. The lord of the manor had not begun to encroach on the privileges or the "common" rights of the tenant, nor had the merchant guilds of the towns attacked the liberties of the craftsmen and lesser folk. For a century to come the battle for lands or rights was mainly waged between the lord or the men of one township or manor with the men of a neighbouring township or manor; and it was not till these had fairly ended their quarrel that lords and burghers turned to fight against the liberties and privileges of serfs and craftsmen. There are indications, on the other hand, that one effect of the new administration of justice, as it told on the poor, began early to show itself in the growth of an "outlaw" class. Crimes of violence were surprisingly common. Dead bodies were found in the wood, in the field, in the fold, in the barn. In an extraordinary number of cases the judges' records of a little later time tell of houses broken into by night and robbed, and every living thing within them slain, and no clue was ever found to the plunderers. There were stories in Henry's days of a new crime-of men wearing religious dress who joined themselves to wayfarers, and in such a case the traveller was never seen again alive. Tales of Robin Hood began to take shape. The by-ways and thickets were peopled with men, innocent or guilty, but all alike desperate. One Richard, we read, whose fellow at the plough fell dead in an epileptic fit, fled in terror of the judges to the woods, and so did many a worse man than Richard. We find constantly the same tale of the sudden quarrel, the blow with a stick or a stone, the thrust with the knife which every man carried, the stroke with a hatchet. Then the slayer in his panic flies to a nun's garden, to a monastery, or to the shelter of a church, where the men of the village keep guard over him till knights of the shire are sent from the Court, to whom he confesses his crime, and who allow him so many days to fly to the nearest port and forsake the kingdom. Perhaps he never reaches the coast, but takes to the woods, already haunted by "abjurors" like himself, or by outlaws flying from justice. In the social conditions of the England of that day the administration of justice was, in more ways than one, a very critical matter, and the efforts of over-zealous judges and sheriffs might easily end in driving the people to desperation before the severity of the law, or in crushing out under a heedless taxation a prosperity which was still new and still rare. Henry perhaps already saw the deep current of discontent which only a year later was to break out in the most terrible rebellion of his reign. In any case the severity of the measures which he took shows how serious he thought the crisis. After his landing in March 1170 one month was given to inquiry as to the state of the country. In the beginning of April he held a council to consider the reform of justice. A commission was appointed to examine, during the next two months, every freeholder throughout the kingdom as to the conduct of judges and sheriffs and every other officer charged with the duty of collecting or accounting for the public money. Its members were chosen from among the most zealous opponents of the Court officials-the great barons, the priors, the important abbots of the shires—and they were all men who had no connection with the Exchequer or the Curia Regis. Their work was done, and their report presented within the time allowed; but the king, practical, businesslike, impatient of abuses, like every vigorous autocratic ruler, had no mind to wait two months to redress the grievances of his people. The barons who had been appointed as sheriffs at the opening of his reign had governed after the old corrupt traditions, or perhaps themselves suffering under the ruthless pressure of the barons of the Exchequer, had been driven to a like severity of extortion. By an edict of the king every sheriff throughout the country was struck from his post; of the twenty-seven only seven were restored to their places, and new sheriffs were appointed, all of whom save four were officers of the King's Court. The great local noble who had lorded it as he chose over the suitors of the Court for fifteen years, and fined and taxed and forfeited as seemed good to him, suddenly, without a moment's warning, saw his place filled by a stranger, a mere clerk trained in the Court among the royal servants, a simple nominee of the king; he could no longer doubt that the royal supremacy was now without rival, without limit, irresistible, complete. Such an act of absolute authority had indeed, as Dr. Stubbs says, "no example in the history of Europe since the time of the Roman Empire, except possibly in the power wielded by Charles the Great." |