Part 8

It was in 1173, the year after his return from Ireland and his submission to the papal legates at Avranches, that King Henry became involved in the first of a series of troubles which were to pursue him for the rest of his life--the rebellions of his graceless sons. His wife Eleanor of Aquitaine had borne him many children. Henry, the eldest surviving son, had already been crowned in 1170 as his father's colleague and successor; not only he, but Richard the second, and Geoffrey the third son, were now old enough to chafe against the restraints imposed upon them by an imperious and strong-willed father. The old king very naturally preferred to keep his dominions united under his own immediate government, but he had designated his eldest son as his successor in England and Normandy, while Richard was to have his mother's heritage of Aquitaine, and Geoffrey's wife's dowry, the duchy of Brittany, was due to him, now that he had reached the verge of manhood. The princes were shamelessly eager to enter on their inheritance, the king was loath to understand that by conferring a titular sovereignty on his sons he had given them a sort of right to expect some share of real power. Their grudge against their father was sedulously fostered by their mother Eleanor, a clever and revengeful woman, who could never forgive her husband for keeping her in the background in political matters and insulting her by his frequent amours. Her old subjects in Aquitaine were secretly encouraged by her to follow her son Richard against his father, whom the barons of the south always regarded as an alien and an intruder. The Bretons were equally willing to rise in the name of Geoffrey and Constance against the guardian who was keeping their prince too long waiting for his inheritance. In England the younger Henry had built himself up a party among the more turbulent section of the baronage, who remembered with regret and longing the carnival of licence which their fathers had enjoyed under King Stephen. Secret agreements had also been made with the kings of France and Scotland, who were eager to take advantage of the troubles which were about to break out.

In 1173 the plot was complete, and Henry's three elder sons all took arms against him, collecting Norman, Breton and Gascon rebels in great numbers, and being backed by a French army. At the same moment the king of Scots invaded Northumberland, and the earls of Norfolk, Chester and Leicester rose in the name of the younger Henry. This was in all essentials a feudal rebellion of the old type. The English barons were simply desirous of getting rid of the strong and effective governance of the king, and the alleged wrongs of his sons were an empty excuse. For precisely the same reason all classes in England, save the more turbulent section of the baronage, remained faithful to the elder king. The bureaucracy, the minor landholders, the towns, and the clergy refused to join in the rising, and lent their aid for its suppression, because they were unwilling to see anarchy recommence. Hence, though the rebellious princes made head for a time against their father abroad, the insurrection of their partisans in England was suppressed without much difficulty. The justiciar, Richard de Lucy, routed the army of the earl of Leicester at Fornham in Suffolk, the castles of the rebel earls were subdued one after another, and William of Scotland was surprised and captured by a force of northern loyalists while he was besieging Alnwick (1173-1174). The war lingered on for a space on the continent; but Henry raised the siege of Rouen, which was being attacked by his eldest son and the king of France, captured most of Richard's castles in Poitou, and then received the submission of his undutiful children. Showing considerable magnanimity, he promised to grant to each of them half the revenues of the lands in which they were his destined heirs, and a certain number of castles to hold as their own. Their allies fared less well; the rebel earls were subjected to heavy fines, and their strongholds were demolished. The king of Scots was forced to buy his liberty by doing homage to Henry for the whole of his kingdom. Queen Eleanor, whom her husband regarded as responsible for the whole rebellion, was placed in a sort of honourable captivity, or retirement, and denied her royal state.

Henry appeared completely triumphant; but the fourteen years which he had yet to live were for the most part to be times of trouble and frustrated hopes. He was growing old; the indomitable energy of his early career was beginning to slacken; his dreams of extended empire were vanishing. In the last period of his life he was more set on defending what he already enjoyed, and perfecting the details of administration in his realms, than on taking new adventures in hand. Probably the consciousness that his dominions would be broken up among his sons after his death had a disheartening effect upon him. At any rate his later years bear a considerable resemblance to the corresponding period of his grandfather's reign. The machinery of government which the one had sketched out the other completed. Under Henry II. the circuits of the itinerant justices became regular instead of intermittent; the judicial functions of the Curia Regis were delegated to a permanent committee of that body which took form as the court of king's bench (_Curia Regis in Banco_). The sheriffs were kept very tightly in hand, and under incessant supervision; once in 1170 nearly the whole body of them were dismissed for misuse of their office. The shire levies which had served the king so well against the feudal rebels of 1173 were reorganized, with uniformity of weapons and armour, by the _Assize of Arms_ of 1181. There was also a considerable amount of new legislation with the object of protecting the minor subjects of the crown, and the system of trial by jurors was advanced to the detriment of the absurd old practices of trial by ordeal and trial by wager of battle. The 13th-century jury was a rough and primitive institution, which acted at once as accuser, witness and judge--but it was at any rate preferable to the chances of the red-hot iron, or the club of the duellist.

The best proof that King Henry's orderly if autocratic regime was appreciated at its true value by his English subjects, is that when the second series of rebellions raised by his undutiful sons began in 1182, there was no stir whatever in England, though in Normandy, Brittany and Aquitaine the barons rose in full force to support the young princes, whose success would mean the triumph of particularism and the destruction of the Angevin empire. Among the many troubles which broke down King Henry's strong will and great bodily vigour in those unhappy years, rebellion in England was not one. For this reason he was almost constantly abroad, leaving the administration of the one loyal section of his realm to his great justiciar. Hence the story of the unnatural war between father and sons has no part in English history. It is but necessary to note that the younger Henry died in 1183, that Geoffrey perished by accident at a tournament in 1186, and that in 1189, when the old king's strength finally gave out, it was Richard who was leading the rebellion, to which John, the youngest and least worthy of the four undutiful sons, was giving secret countenance. It was the discovery of the treachery of this one child whom he had deemed faithful, and loved over well, that broke Henry's heart. "Let things go as they will; I have nothing to care for in the world now," he murmured on his death-bed, and turned his face to the wall to breathe his last.

Richard I.

The death of the younger Henry had made Richard heir to all his father's lands from the Tweed to the Bidassoa save Brittany, which had fallen to Arthur, the infant son of the unlucky Geoffrey. John, the new king's only surviving brother, had been declared "Lord of Ireland" by his father in 1185, but Henry had been forced to remove him for persistent misconduct, and had left him nothing more than a titular sovereignty in the newly conquered island. In this Richard confirmed him at his accession, and gave him a more tangible endowment by allowing him to marry Isabella, the heiress of the earldom of Gloucester, and by bestowing on him the honour of Lancaster and the shires of Derby, Devon, Cornwall and Somerset. The gift was over-liberal and the recipient was thankless; but John was distinctly treated as a vassal, not granted the position of an independent sovereign.

Of all the medieval kings of England, Richard I. (known as Coeur de Lion) cared least for his realm on the English side of the Channel, and spent least time within it. Though he chanced to have been born in Oxford, he was far more of a foreigner than his father; his soul was that of a south French baron, not that of an English king. Indeed he looked upon England more as a rich area for taxation than as the centre of a possible empire. His ambitions were continental: so far as he had a policy at all it was Angevin--he would gladly have increased his dominions on the side of the upper Loire and Garonne, and was set on keeping in check the young king of France, Philip Augustus, though the latter had been his ally during his long struggle with his father. Naturally the policy of Richard as a newly crowned king was bound to differ from that which he had pursued as a rebellious prince. As regards his personal character he has been described, not without truth, as a typical man of his time and nothing more. He was at heart a chivalrous adventurer delighting in war for war's sake; he was not destitute of a conscience--his undutiful conduct to his father sat heavily on his soul when that father was once dead; he had a strong sense of knightly honour and a certain magnanimity of soul in times of crisis; but he was harsh, thriftless, often cruel, generally lacking in firmness and continuity of purpose, always careless of his subjects' welfare when it interfered with his pleasure or his ambitions of the moment. If he had stayed long in England he would have made himself hated; but he was nearly always absent; it was only as a reckless and spasmodic extorter of taxation, not as a personal tyrant, that he was known on the English side of the Channel.

The Crusade.

At the opening of his reign Richard had one all-engrossing desire; he was set on going forth to the Crusade for the recovery of Jerusalem which had been proclaimed in 1187, partly from chivalrous instincts, partly as a penance for his misconduct to his father. He visited England in 1189 only in order to be crowned, and to raise as much money for the expedition as he could procure. He obtained enormous sums, by the most unwise and iniquitous expedients, mainly by selling to any buyer that he could find valuable pieces of crown property, high offices and dangerous rights and privileges. The king of Scotland bought for 15,000 marks a release from the homage to the English crown which had been imposed upon him by Henry II. The chancellorship, one of the two chief offices in the realm, was sold to William Longchamp, bishop of Ely, for L3000, though he was well known as a tactless, arrogant and incapable person. The earldom of Northumberland, with palatine rights, was bought by Hugh Puiset, bishop of Durham. Countless other instances of unwise bargains could be quoted. Having raised every penny that he could procure by legal or illegal means, Richard crossed the Channel, and embarked at Marseilles with a great army on the 7th of August 1190. The only security which he had for the safety of his dominions in his absence was that his most dangerous neighbour, the king of France, was also setting out on the Crusade, and that his brother John, whose shifty and treacherous character gave sure promise of trouble, enjoyed a well-merited unpopularity both in England and in the continental dominions of the crown.

Richard's crusading exploits have no connexion with the history of England. He showed himself a good knight and a capable general--the capture of Acre and the victory of Arsuf were highly to his credit as a soldier. But he quarrelled with all the other princes of the Crusade, and showed himself as lacking in tact and diplomatic ability as he was full of military capacity. The king of France departed in wrath, to raise trouble at home; the army gradually melted away, the prospect of recovering Jerusalem disappeared, and finally Richard must be reckoned fortunate in that he obtained from Sultan Saladin a peace, by which the coastland of Palestine was preserved for the Christians, while the Holy City and the inland was sacrificed (Sept. 2, 1192). While returning to his dominions by the way of the Adriatic, the king was shipwrecked, and found himself obliged to enter the dominions of Leopold, duke of Austria, a prince whom he had offended at Acre during the Crusade. Though he disguised himself, he was detected by his old enemy and imprisoned. The duke then sold him to the emperor Henry VI., who found pretexts for forcing him to buy his freedom by the promise of a ransom of 150,000 marks. It was not till February 1194 that he got loose, after paying a considerable instalment of this vast sum. The main bulk of it, as was to be expected, was never made over; indeed it could not have been raised, as Richard was well aware. But, once free, he had no scruple in cheating the imperial brigand of his blackmail.

John's treachery.

For five years Richard was away from his dominions as a crusader or a captive. There was plenty of trouble during his absence, but less than might have been expected. The strong governance set up by Henry II. proved competent to maintain itself, even when Richard's ministers were tactless and his brother treacherous. A generation before it is certain that England would have been convulsed by a great feudal rising when such an opportunity was granted to the barons. Nothing of the kind happened between 1190 and 1194. The chancellor William Longchamp made himself odious by his vanity and autocratic behaviour, and was overthrown in 1191 by a general rising, which was headed by Prince John, and approved by Walter, archbishop of Rouen, whom Richard had sent to England with a commission to assume the justiciarship if William should prove impossible as an administrator. Longchamp fled to the continent, and John then hoped to seize on supreme power, even perhaps to grasp the crown. But he was bitterly disappointed to find that he could gather few supporters; the justiciar and the bureaucrats of the Curia Regis would give him no assistance; they worked on honestly in the name of the absent king. Among the baronage hardly a man would commit himself to treason. In vain John hired foreign mercenaries, garrisoned his castles, and leagued himself with the king of France when the latter returned from the Crusade. It was only the news of his brother's captivity in Austria which gave the intriguing prince a transient hope of success. Boldly asserting that Richard would never be seen alive again he went to France, and did homage to King Philip for Normandy and Aquitaine, as if they were already his own. Then he crossed to England with a band of mercenaries, and seized Windsor and Wallingford castles. But no one rose to aid him, and his garrisons were soon being besieged by loyal levies, headed by the justiciar and by Hubert Walter, the newly elected archbishop of Canterbury. At the same time King Philip's invasion of Normandy was repulsed by the barons of the duchy. Richard's faithful ministers, despite of all their distractions, succeeded in raising the first instalment of his ransom by grinding taxation--a fourth part of the revenue of all lay persons, a tithe from ecclesiastical land, was raised, and in addition much church plate was seized, though the officials who exacted it were themselves prelates. John and Philip wrote to the emperor to beg him to detain his captive at all costs, but Henry VI. pocketed the ransom money and set Richard free. He reached England in March 1194, just in time to receive the surrender of the last two castles which were holding out in his treacherous brother's name. With astonishing, and indeed misplaced, magnanimity, Richard pardoned his brother, when he made a grovelling submission, and restored him to his lordship of Ireland and to a great part of his English lands.

The king abode for no more than three months in England; he got himself recrowned at Winchester, apparently to wipe out the stain of his German captivity and of an enforced homage which the emperor had extorted from him. Then he raised a heavy tax from his already impoverished subjects, sold a number of official posts and departed to France--never to return, though he had still five years to live. He left behind Archbishop Hubert Walter as justiciar, a faithful if a somewhat high-handed minister.

Richard's one ruling passion was now to punish Philip of France for his unfriendly conduct during his absence. He plunged into a war with this clever and shifty prince, which lasted--with certain short breaks of truces and treaties--till his death. He wasted his considerable military talents in a series of skirmishes and sieges which had no great results, and after spending countless treasures and harrying many regions, perished obscurely by a wound from a cross-bow-bolt, received while beleaguering Chalus, a castle of a rebellious lord of Aquitaine, the viscount of Limoges (April 6, 1199).

English constitutional development.

During these years of petty strife England was only reminded at intervals of her king's existence by his intermittent demands for money, which his ministers did their best to satisfy. The machine of government continued to work without his supervision. It has been observed that, from one point of view, England's worst kings have been her best; that is to say, a sovereign like Richard, who persistently neglected his duties, was unconsciously the foster father of constitutional liberty. For his ministers, bureaucrats of an orderly frame of mind, devised for their own convenience rules and customs which became permanent, and could be cited against those later kings who interfered more actively in the details of domestic governance. We may trace back some small beginnings of a constitution to the time of Henry II.--himself an absentee though not on the scale of his son. But the ten years of Richard's reign were much more fruitful in the growth of institutions which were destined to curb the power of the crown. His justiciars, and especially Hubert Walter, were responsible for several innovations which were to have far-spreading results. The most important was an extension of the use of juries into the province of taxation. When the government employs committees chosen by the taxpayers to estimate and assess the details of taxation, it will find it hard to go back to arbitrary exactions. Such a practice had been first seen when Henry II., in his last year, allowed the celebrated "Saladin Tithe" for the service of the crusade to be assessed by local jurors. In Richard's reign the practice became regular. In especial when England was measured out anew for the great carucage of 1197--a tax on every ploughland which replaced the rough calculation of Domesday Book--knights elected by the shires shared in all the calculations then made for the new impost. Another constitutional advance was that which substituted "coroners," knights chosen by the county court, for the king's old factotum the sheriff in the duty of holding the "pleas of the crown," i.e. in making the preliminary investigations into such offences as riot, murder or injury to the king's rights or property. The sheriff's natural impulse was to indict every man from whom money could be got; the new coroners were influenced by other motives than financial rapacity, and so were much more likely to deal equitably with accusations. The towns also profited in no small degree from Richard's absence and impecuniosity. One of the most important charters to London, that which granted the city the right of constituting itself a "commune" and choosing itself a mayor, goes back to October 1191, the troubled month of Longchamp's expulsion from England. It was given by Prince John and the ministers, who were then supporting him against the arrogant chancellor, to secure the adherence of London. Richard on his return seems to have allowed it to stand. Lincoln was also given the right of electing its own magistrates in 1194, and many smaller places owe grants of more or less of municipal privilege to Hubert Walter acting in the name of the absent king. The English nation began to have some conception of a regime of fixed custom, in which its rights depended on some other source than the sovereign's personal caprice. The times, it may be remembered, were not unprosperous. There had been no serious civil war since the baronial rising of 1173. Prince John's turbulence had only affected the neighbourhood of a few royal castles. Despite of the frequent and heavy demands for money for the king's service, wealth seems to have been increasing, and prosperity to have been widespread. Strong and regular governance had on the whole prevailed ever since Henry II. triumphed over baronial anarchy.

III. THE STRUGGLE FOR CONSTITUTIONAL LIBERTY (1199-1337)

Accession of John.

Richard's queen, Berengaria of Navarre, had borne him no children. At the moment of his premature death his nearest kinsmen were his worthless brother John, and the boy Arthur of Brittany, the heir of Geoffrey, the third son of Henry II. On his death-bed the king had designated John as his successor, holding apparently that a bad ruler who was at least a grown man was preferable to a child. John's claim prevailed both in Normandy and in England, though in each, as we are told, there were those who considered it a doubtful point whether an elder brother's son had not a better right than a younger brother. But the ministers recognized John, and the baronage and nation acquiesced, though with little enthusiasm. In the lands farther south, however, matters went otherwise. The dowager duchess Constance of Brittany raised her son's claim, and sent an army into Anjou, and all down the Loire many of the nobles adhered to his cause. The king of France announced that he should support them, and allowed Arthur to do him homage for Anjou, Maine and Touraine. There would have been trouble in Aquitaine also, if the aged Queen Eleanor had not asserted her own primary and indefeasible right to her ancestral duchy, and then declared that she transferred it to her best loved son John. Most of her subjects accepted her decision, and Arthur's faction made no head in this quarter.

War with Phillip Augustus.

Loss of Normandy.