The History of England - Vols. 1 to 6 (61 page)

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 PLL v6.0 (generated September, 2011)

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Roger de Moubray; 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 intrests.
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Prince Henry, who was ready to embark at Gravelines with the earl of Flanders and a great army, hearing that his partizans in England were suppressed, abandoned all thoughts of the enterprize, and joined the camp of Lewis, who, during the absence of the king, had made an irruption into Normandy, and had laid siege to Roüen.
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The place was defended with great vigour by the inhabitants;
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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 purposed 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.
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Next day, Henry, who had hastened to the defence of his Norman dominions, passed over the bridge in triumph; and entered Roüen 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.

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. The most material of his

The king’s

concessions were some pensions which he stipulated to pay

accommodation with

them, and some castles which he granted them for the place of

his sons.

their residence; together with an indemnity for all their

adherents, who were restored to their estates and honours.
l

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 enterprize.

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Henry delivered from confinement, without exacting any ransom, about nine hundred knights whom he had taken prisoners; but it cost William the ancient independancy 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, Berwic,

1175. 10th Aug.

Roxborough, and Jedborough should be delivered into Henry’s

hands, till the performance of articles.m
This severe and humiliating treaty was executed 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.n
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 Berwic and Roxborough, and to allow the castle of Edinburgh to remain in his hands for a limited time. This was the first great ascendant 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.o

Henry, having thus, contrary to expectation, extricated himself King’s equitable

with honour from a situation, in which his throne was exposed to administration.

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.

He enacted severe penalties against robbery, murder, false

1176.

coining, arson; and ordained that these crimes should be

punished by the amputation of the right hand and right foot.p
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,
q
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.r

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.
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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 PLL v6.0 (generated September, 2011)

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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.

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.
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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.

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.
u

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.
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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.

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 pennances and submission.x
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 pennances imposed upon them: After which, they continued to possess, without molestation, their honours and fortunes, and seem 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,
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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.
z

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 Verneüil, and which consisted of some prelates and barons of England, as well as some of Normandy, Poictou, Anjou, Maine, Touraine, and Britanny; and the statute took place in all these last mentioned territories,
a
though totally unconnected with

each other:b
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.

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.
c
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 intitled 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, forget 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,