alifornia rional ility swr ANDREW HERON, f- Tiockbridge County. * A * " A o. :\ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES GIFT OF JAMES J. MC BRIDE I THE HISTORY E N G L A N D, FROM THE T O THE REVOLUTION IN MDCLXXXVIII. IN SIX VOLUMES, ILLUSTRATED WITH PLATES. BY DAVID HUME, A NEW EDITION, WITH THE AUTHOR S LAST COR- RECTIONS AND IMPROVEMENTS. TO WHICH IS PREFIXED A SHORT ACCOUNT OF HIS LIFE, WRITTEN BY HIMSELFi VOL. I. PHILADELPHIA: PRINTED FOR ROBERT CAMPBELL; BY SAMUEL H. SMITH. M .DCC.XCV, 30 THE LIFE OF DAVID HUME, ESQ. WRITTEN $Y HIMSELF, vMlgll as leiz- aas been ce of mv MY O \V N LIFE. IT is difficult for a man to fpeak long of himfelf with out vanity ; therefore 1 fhall be ihort. It may be thought an inftance of vanity that I pretend at all to u- rite niy life ; but this Narrative {hall contain little more than the Hiftoryof my Writings ; as, indeed, almcfl all my life has been fpent in literary purfuits and occupations. The firfl iuccefs of moft of my writings was not luch as to be an object of vanity. I WAS born the 26th of April 1711, old ftyle, at Edin burgh. I was of a good family, both by father and mo ther : Mv father s family is a branch of the Earl of Home s, or Hume s ; and my anceftors had been proprietors of the eflate which my brother polTefles for feveral generations. My mother was daughter of Sir David Falconer, Prefident of the College of Juftice : The title of Lord Halkerton came by fucceffion to her brother. MY family, however, was not rich, and being myfelf a younger brother, my patrimony, according to the mode of my country, was of courfe very ilender My father, who pafTed for a man of parts, died when I was an infant, leaving me, with an elder brother and a fifter, under the care of our mother, a woman of iingular merit, who, though young and handfome, devoted herfelf entirely to the rearing and educating of her children. I paffed through the ordinary courfe of education with fuccefs, and was itriz- ed very early with a paffion for literature, which has been the ruling paffion of my life, and the great fource of my MY O \V N LIFE, the books were beginning to be efteemed in good compa ny. However, I had a fixed resolution, which 1 inflexi bly maintained, never to re.ply to any body ; and not being very irafcible in my temper, I have eafily kept my- felf clear of all literary fquabbles. Thefe fymptoms of a rifing reputation gave me encouragement, as I was ever more difpofed to fee the favourable than unfavourable fide of things ; a turn of mind which it is more happy to poffels, than to be born to an eflate of ten thouland a- year. IN 1751, 1 removed from the country to the town, the true fee ne for a man of letters. In 1752 were publifhed at Edinburgh, where I then iived, my Political Difcour/es, the only work of mine that was iuccefsful on the firft pub lication. It was well leceived abroad and at home. In the fame year was publifhed at London, my Enquiry con cerning the Principles of TVloiais ; which, in my own opi nion (who ought not to judge on that fubjec^), is of all my writings, hiftorical, philoiophical, or literary, incom parably he beft. It came unnoticed and unobferved into the world. IN 1752 the Faculty of Advocates chofe me their Li brarian, an office from which I received little or no emo lument, but which gave me the command of a large libra ry. I then formed the plan of writing the Hiflory of Eng land ; but being frightened with the notion of continuing a narrative through a period of 1700 years, 1 commenced with (he acccffion of ihe houfe of Stuart, an epoch when I thought the mifreprefentations of faction began chiefly to take place. I was, I own, fanguine in my expectations of the fuccefs of this work, i thought that I was the only hiilorian that had at once neglected prefent power, inte- reft, and authority, and the cry of popular prejudices ; and as the fubjecl was fuiteci to every capacity, 1 expecled proportional applaufe. But miferable was my difap- pointment : I wasafTailed by one cry of reproach, difap- pvobation, and even deteftation ; Englifh, Scotch, and Irilri, Whig and Tory, churchman and lectary, freethink er and religionifl, patriot and courtier, united in their rage againft the man -Abo had pref-jmed to (bed a gene rous tear for the fate of Charles I. and the earl of Straf- f.jrd ; and, after the firft ebullitions of their fury were over, what was ftill more mortifying, the book feemed to fink into oblivion. Mr. Millar told me, that in a twelve month he fold only forty-five copies of it. I fcarcely, in deed, h ^ard of one man in the three kingdoms, confide- rable for rank or letters, that could endure the book. I nmft only except (he primate of England, Dr. Herring, MYOWNLIFE. * and the primate of Ireland, Dr. Stone, which feem two odd exceptions. Thefe dignified prelates feparately fent me meflages not to be difcouraged. I WAS, however, I confefs, difcouraged ; and had not the war been at that time breaking out between France and England, I had certainly retired to fome provincial town of the former kingdom, have changed my name, and never more have returned to my native country. But as this fcheme was not now practicable, and the fub- fequent volume was confiderably advanced, I refolved to pick up courage and to perfevere. IN this interval, I publifhed at London my Natural Hiftory of Religion, along with fome other fmall pieces : Its public entry was rather obfcure, except only that Dr Hurdwrotea pamphlet againft it, with all the illiberal petulance, arrogance, and fcarrility, which diftinguifh the Warburtonian fchool. This pamphlet gave me fome confolation for the otherwife indifferent reception of my performance. IN 1756, two years after the fall of the firft volume, was publifhed the fecond volume of my Hiftory, contain ing the period from the death of Charles I. till the Revo lution. This performance happened to give lefs difplea- fure to the Whigs, and was better received. It not only rofe itfelf, but helped to buoy up its unfortunate bro ther. BUT though I had been taught by experience, that the Whig party were in pofleffion of beftowing all places, both in the ftate and in literature, 1 was fo little inclined to yield to their fenfelefs clamour, that in above a hundred alterations, which farther ftudy, reading, or reflection engaged me to make in the reigns of the two firft Stuarts, I have made all of them invariably to the Tory fide. It is ridiculous to confider the Englifh conftitution before that period as a regular plan of liberty. IN 1759 I published my Hiftory of the Houfeof Tudor. The clamour againft this performance was almofl equal to that againft the Hiftory of the t\vo firft Stuarts. The reign of Elizabeth wjs particularly obnoxious. But I was now callous againft the impreffions of public folly, and continued very peaceably and contentedly in my retreat at Edinburgh, tofiniih, in two volumes, the more early part of the Englifh Hiftory, which 1 gave to the public in 1761, with tolerable, and but tolerable fuc- cefs. BUT, notwithstanding this variety of winds and feafons fo which my writings had been expofed, they had ftifl been making fuch advances, that the copy-money given VOL. I- b LETTER FROM ADAM SMITH, LL. D. T O WILLIAM STRAHAN, ESQ. DEAR SIR, Kirkaldy, Fifefhire, Nov. 9, 1776. IT is with a real, though a very melancholy pleafure, that I fit down to give you fome account of the be haviour of our late excellent friend, Mr. Hume, during his laft illnefs. THOUGH inhisown judgment his difeafe was mortal and incurable, yet he allowed himfclf to be prevailed upon, by the entreaty of his friends, to try what might be the effefts of a long journey. A few days before he fet out, he wrote that account of his own life, which, together with his other papers, he has left to your care. My ac count, therefore, fhall begin where his ends. HE fet out for London towards the end of April, and at Morpeth met with Mr. John Home and myfelf, who had both come down from London on purpofe to fee him, ex- pefling to have found him at Edinburgh. Mr. Home returned with him, and attended him during the whole of his ftay in England, with that care and attention which might be expected from a temper fo perfectly friendly and affectionate. As I had written to my mother that fhe might expert me in Scotland, I was under the neceflily of con tinuing my journey. His difeafe feemed to yield to ex- ercife and change of air, and when he arrived in London, xiv L E T T E R F R O M he was apparently in much better health than when he * left Edinburgh. He was advifed to go to Bath to drink the waters, which appeared for fome time to have fo good an effect upon him, that even he himfelf began to enter tain, what he v;as not apt to do, a better opinion of his own health. His fymptoms, however, foon returned with their ufi::-il violence, and from that moment he gave up all thoughts of recovery, but fubmitted with the utmoft chserfulnefs, and the mod perfecl complacency and refiar- nation. Upon his return to Edinburgh, though he found himfejf much weaker, yet his cheeifulnefs never abated, and he continued to divert himle f, asutual, with correc ting hisown works fora new edition, with reading books of amufement, with the converlation of his friends ; and ibmetimes in the evening with a party at his favourite game of whift. His cheerfulnefs was fo great, and his conver- fation and amufements run fo much in their uujal drain, that notwithstanding all bad fymptoms, many people could not believe he was dying. " I mail tell your friend, Co- " lonel Edrnonftone," faid Doctor Dundas to him one dav, " that I left you much better, and in a fair way of reco- " very." " Doctor," faid he, " as I believe you would " not chufe to tell any thing but the truth, you had better " tell him, that I am dying as fail as my enemies, if 1 " have any, could will), and as eafily and cheerfully as fi my beft friends could defire." Colonel Edmondfione foon afterwards came to fee him, and take leave of him; and on his way home he could not forbear writing him a letter, bidding him once more an eternal adieu, and ap plying to him, as to a dying man, the beautiful French verles in which the Abbe Chauiieu, in expectation of his own death, laments his approaching feparation from his friend the Marquis de la rare. Mr. Plume s magnani mity and firmnefs were fuch, that his mod alledtionate friends knew, that they hazarded nothing in talking or writing to him as to a dying man, and that fo far from being hurt by this frank nefs, lie was rather plea led and flattered by it. 1 happened to come into hi:; room while he was reading this letter, which he had juft received, and which he immediately (bowed me. I told him, that though I was fenfible how very much he was weakened, and (hat appearances were in many refpecls very bad, yet his cheer fulnefs was (till fo great, the fpirit of life feemed Oil! to be fo very flrong in him, that I could not help entertaining fome faint hopes. He anKvered, " Your hopos are " groundlefs. An habitual diarrhoea of more than a year s (landing would be a very bad difeafe at any age: " At my age it is a mortal one. When 1 lie down in the DR. ADAM S M I T H. " evening I feel niyfelf weaker than wlien I rofe in the " morning ; and when I liie in the morning weaker than " when I lay down in the evening. I am fenfible, be- " fides, that fonje of niv vital parts are affected, fo that I " niuft Toon die." " Well," laid I, " if it muft be fo, " you have at lead the fatisf.ictk>n of leaving all your " friends, your brother s family in particular, in great " profperity." Heiaid, that he felt that fatisfaclion fofenfi- bly, that when he was reading, a few days before, Lucian s Dialogues of the Dead, among all the excufes which are alleged to Charon for not entering readily into his boat, he could not find one that fitted him; he had no houfe to finifli, he had no daughter to provide for, he had no ene mies upon whom he wifhed to revenge himfelf. " I could " not well imagine," laid he, " what excule J could make " to Charon in order to obtain a little delay. 1 have done " every thing of coniequence which I ever meant to do T " and 1 could at no time ex peel to leave my relations and " friends in a better fituation than that in which I am nou* " likely to leave them : I therefore have all icafon to die " contented." He then diverted himfelf with inventing feveral jocular excufes which he fuppofed he might make to Charon, and with imagining the very furly anfwers which it ini^ht fuit the character pf Charon to return to them. " Upon further confidcration," laid he, " I " thought I might fay to him, Good Charon, 1 have been " correcting my works for a new edition. Allow me a " little time, that I may fee how the Public receives the " alterations." But Charon would anfwer, " When you " have feen the effocl of these, you will be for making " other alterations. There will be no end of luch ex- " cufes ; fo, honeft friend, pleafe ftep into the beat." But i might Hill urge, " Have a little patience, good Cha- " ron, I have been endeavouring to open the eyes of the " Public. If I live a few years longer, I may have the " fatisfac\ion of feeing the dovvnfal offome of the prevail- " ing fyftems of fuperftition." But Charon would then lofe all temper and decency. " You loitering rogue* " that will net happen thefe many hundred years. Do " you fancy I will grant you a leafe for fo long a term ? " Get into the boat this inflant, you lazy loitering rogue." BUT though Mr. Hume always taJked of his approach ing diiTolution with great cheerfulnefs, he never affected to make any parade of his magnanimity. He never men tioned the fubjecl but when the conversation naturally led to it, and never dwelt longer upon it than the courfe of the convcrfation happened to require: It was a fubjecl, indeed, which occurred pretty frequently, in confequence of the xvi LETTERFROM enquiries which his friends, who came to fee him, natu rally made concerning the ftate of his health. The con- , verfation which I mentioned above, and which paffed on Thurfday the 8th of Auguft, was the laft, except one, that 1 ever had with him. He had now become fo very weak, that the company of his moft intimate friends fatigued him ; for his cheerfulnefs was ftill fo great, his complai- fance and focial difpofition were ftill fo entire, that when any friend was with him, he could not help talking more, and with greater exertion, than fuited the weaknefs of his body. At his own defire, therefore, I agreed to leave Edinburgh, where I was ftaying partly upon his account, and returned to my mother s houle here, at Kirkaldy, upon condition that he would fend for me whenever he wimed to fee me ; the phyfician who faw him moft frequently, Doctor Black, undertaking, in the mean time, to write ne occafionally an account of the ftate of his health. ON the 22d of Auguft, the Doctor wrote me the fol lowing letter : " SINCE my laft Mr. Hume haspafied his time pretty eafily, but is much weaker. He fits up, goes down ftairs once a day, and amufes himfelf with reading, but feldom fees any body. He finds, that even the comerfation of his moft intimate friends fatigues and opprefles him ; and it is happy that he does not need it, for he is quite free from anxiety, impatience, or low fpirits, and pafles his time very \\cllwith the affiftance of amufing books." I RECEIVED the day after a letter from Mr. Hume himfelf, of which the following is an extract : " -\TY DEAREST FRIEVD, Edinburgh, Aug. 23, 1776. " I AM obliged to make ufe of my nephew s hand in writing to you, as I do not life to-day. * * ****** * " I go very faft to decline, and laft night had a Imall fever, which 1 hoped might put a quicker period to this illnefs ; but unluckily it has in a great meal ure gone off* I cannot fubmit to your coming over here on my account, as it is podihle for me to fee you fo fmalla part of the day, but DiAJor Black can better inform you concerning the degree of ffrength which may from time to time remain with me. Adieu, &c." THRSS days after, I received the following letter front Doctor Black : DR. ADA M S M I T H. xvli - DEAR SIR, Edinburgh, Monday, Aug. 26, 1776. " YESTERDAY, alout four o clock afternoon, Mr, Hume expired. The near approach of his death became evident in the night between Thurfday and Friday, v. hen his dileaCe became exceffive, and Coon weakened hir- ib much, that he could no longer rife out of his bed. He continued to the lafl perfectly Cenfible, and free from much pain or feelings of didrefs. He never dropped the fmallefl expreffion of impatience ; but when he had occafion to fpeak to the people about him, always did it with affeclion and tenderneCs. I thought it improper to write to bring you over, efpecially as 1 heard that he had dictated a let ter to you, deCiring you not to come. When he became very weak, it cod him an effort to fpeak, and he died in Cuch a happy compolure of mind that nothing could ex ceed it." THUS died our mod excellent, and never to be forgotten friend; concerning whofe philofophical opinions men will no doubt judge varioufly, every one approving or con demning them, according as they happen to coincide or diCagree with his own ; but concerning whofe chara<^er and conduct there can Ccarce be a difference of opinion. His temper, indeed, Ceemed to be more happily balanced, if I may be allowed Inch an expreffion, than that perhaps of any other man 1 have ever known. Even in the lowed date of his fortune, his great and neceflfary frugality never hindered him from exercifmg, upon proper occafions, atis both of charity and generofity. It was a frugality founded not upon avarice, but upon the love of independency. The extreme gentlenefs of his nature never weakened either the firmneCs of his mind, or the deadineCs of his refoluti- ons. His conftant pleafantry was the genuine effufion of good-nature and good-hurrour, tempered with delicacy and modedy, and without even the flighted tincture of malig nity, Co frequently the difagreeable Cource of what is cal led wit in other men. It never was the meaning of his raillery to mortify ; and therefore, far from offending, it Celdom failed to pleaCe and delight, even thoCe who were the objects of it. To his friends, who were frequently the objects of it, there was not perhaps any one of all his great and amiable qualities which contributed more to en dear his conversation. And that gaiety of temper, Co agreeable in Cociety, but which is Co often accompanied with frivolous and fuperficial qualities, was in him cer tainly attended with the molt fevere application, the mod extenfive learning, the greated depth of thought, and a capacity in every reCpc6t the moft comprehenfive. Upon VOL. I. c xviii LETTER FROM DR, SMITH. the whole, I have always confidered him, both in his life time and fince his death, as approaching as nearly to the idea of a perfe&ly wife and virtuous man as perhaps the nature of human frailty will permit. I ever am, dear Sir, Mod affeftionately your s, ADAM SMITH. CONTENTS FIRST VOLUME, CHAP. I. The Britons Romgns Saxons The Heptarchy The kingdom of Kent of Northumberland of Eaft-Anglia of Mercia of Effex of Suffex of Weffex. Page I CHAP. II. THE ANGLO-SAXONS. Egbert Ethelwolf Ethelbald and Ethelbert Ethered Alfred the Great Edward the Elder AthelRan Edmund Edred Edwy Edgar Edward the Martyr. 50 CHAP. III. Ethelred Settlement of the Normans Edmund Ironfide Canute the Great Harold Harefoot Hardicanute Edward the Confeflbr -Harold. 98 MX CONTENTS. APPENDIX I. THE ANGLO-SAXON GOVERNMENT AND MANNERS, Fuft Saxon government SucctfHon of the kings The Witteiiagemot The arifiocracy The feve- ral orders of men Courts of juilice Criminal Jaw -Rules of proof Military foice Public revenue Value of Money Manners. Page 147 C H A P. IV. VV I L L I A M THE CONQUEROR. Confcquences of the battle of Raftings Submiffion of the EngiiiTi Settlement of the government King s return to Normandy 1 i (contents of the Eng lish Their infuneciions Rigours cf the Norman government New infurfeci ions New jigours of the government introduction of the feudal law Innovation in ecclefiafiical government insurrection of the Norman barons Dilpute a Dout inVcftiturea Revolt of prince .obeit Dpomlday book The Nev Fureft War with i iance Death ai.d character of William the Conqueror. 172 C II A P. V. W I L L I A M R U F U S. Acceflion of William Rufus Confpiracy againft the king Irivafjon of N ormandy The Crufades AcquiGtion cf Normat .dy Quarrel M ith Anfelm the primate- Deatli and character of William Rufus. 212 CONTENTS. xxi CHAP. VI. HENRY I. The Crufades Acceffion of Henry Marriage of the king Invafion by duke Robert Accommo dation with Robert Attack of Normandy Con- quefl of Normandy Continuation of the quarrel with Anfelm the primate Compromife with him Wars abroad Death of prince William King s fecond marriage Death and character of Henry. Page 230 CHAP. VII. STEPHEN. Acceflion of Stephen War with Scotland Infur- rcotioniu favour of Matilda Stephen taken prifbner Matilda crowned Stephen releafed Reftor- ed to the crown Continuation of the civil wars Compromife between the king and prince Henry- Death of the king. 259 CHAP. VIII. HENRY II. State of Europe of France- Firft a&s of Henry s go- vernmrrr Dilputes between the civil and ecclefiafti- cal powers Thomas a Becket, archbifhop of Can terbury Quarrel between the king and Becket Conftitutions of Clarendon Banifhment of Becket Compromife with him His return from baniuSment His murdei Grief and Jub- rniffion of the king. 275 CONTENTS. CHAP. IX. State of Ireland Conqueft of that ifland The king s accommodation with the court of Rome Revolt of young Henry and his brothers Wars and infurrec- tions War with Scotland Penance of Henry for Bccket s murder William, king of Scotland, de feated and taken prifoner The king s accommoda tion \vith his fons The king s equitable admi niftration Crufades r-Revolt of prince Richard Death and character of Henry Mifcellaneous tranfadions of his reign. Page 315 CHAP. X. RICHARD I. The king s preparations for the crulade Sets out on the crufade -Tran factions in Sicily King s arri val in Paleftine - State of Paleftine Disorders in England-^ -The king s heroic actions in Paleftine His return to Paleftine -Captivity in Germany War with France The king s delivery Return to England War with France Death and character of the king Milcellaneous tranfac- tions of this reign. 350 CHAP. XI. JOHN. Accefiion of the king His marriage War with France Murder of Arthur duke of Britanny The king expelled from all the French provinces The king s quarrel with the court of Rome Cardi nal Langton appointed archbifhop of Canterbury Interdict of the kingdom Excommunication of the CONTENTS. x>:iu king The king s iubmiflion to the pope Difcon- tents of the barons ~ Infurreftion of the barons Magna Charta Renewal of the civil wars Prince Lewis called over Death and character of the king. APPENDIX II. THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. Origin of the feudal law Its progrefs Feudal go vernment of England The feudal parliament The commons Judicial power Revenue of the crown -Commerce The church Civil laws 1 Manners. 423 CHAP. XII. HENRY III. Settlement of the government General pacification Death of the protector Some commotions Hubert de Burgh difplaced The bifhop of Winchefter minifter King s partiality to foreigners Grievances Ecclefialtical grievances Earl of Cornwall elected king of the Romans Difcon- tent of the barons Simon de Mountfort earl of Lei- cefter Provifions of Oxford Ufurpation of the barons Prince Edward Civil wars of the barons Reference to the king of France Renewal of the civil wars Battle of Lewes Houfe of commons Battle of Evefham, and death of Leicefter Settlement of the government Death and character of the king Mifcellaneous iranfaclions of this reign. 454 THE HISTORY OF ENGLAND. CHAP. I. The Britons, Romans, Saxons,- the Heptarchy* The Kingdom of Kent of Northumberland of EaJl-Anglia of Mercta-* "of Ejfex of Sti/ex of We/cx. THE BRITONS. TH E curiofity, entertained by all civilized nations,- C H A P of enquiring into the exploits and adventures of I. their anceftors, commonly excites a regret that the hiftory of remote ages fhould always be fo much involved in ob- fcurity, uncertainty, and contradiction. Ingenious men, pofleffed of leifure,are apt to pu(h their refearches beyond the period in which literary monuments are framed or pre- ferved ; without reflecting, that the hiftory of paft events is immediately loft or disfigured when intruded to memory and oral tradition, and that the adventures of barbarous nations, even if they were recorded, could afford little or no entertainment to men born in a more cultivated age. The convulfions of a civilized ftate ufually compofe the moft inftruftive and moft interefting part of its hiftory ; but the fudden, violent, and unprepared revolutions incident to- B- irbafians, are fo much guided by caprice, and terminate fo often in cruelty, that they difguft us by the uniformity of their appearance ; and it is rather fortunate for letters that they arc buried in filence and oblivion. The only ,VoL. I. B 2 HISTORY OF ENGLAND. C H A P. certain means by which nations can indulge their curiofity 1. in refearchcs concerning their remote origin, is to confider * * the language, manners, and cuiloms of their anceftors, and to compare them with thofe of the neighbouring nati ons. Trie fables, which are commonly employed to fup- ply the place of true hiftory, ought entirely to be difre- garded ; or if any exception be admitted to this general rule, it can only be in favour of th? ancient Grecian ficti on-, which are fo celebrated and fo agreeable, that they will ever be the objects of the attention of mankind. Ne- glecling, therefore, all traditions, or rather tales, con cerning the more early hiftory of Britain, we {hall only confidtr the ftate of the inhabitants as it appeared to the Romans on their invafion of this country : We mall briefly run over the events which attended the conquefl made by that empire, as belonging more to Roman than Britifh fto- ry : Wefhall haften through the obfcure and uninterefting period of Saxon annals : And mail referve a more full narration for thofe times when the truth is both fo well afcertained and lo complete as to promife entertainmeni and infhuclion to the reader. ALL ancient writers agree in reprefenting the firft inha bitants of Britain as a tribe of the Gauls or Celtae, who peo pled that ifland from the neighbouringcontinent. Their lan guage was the fame, their manners, their government, their fuperftif.ion ; varied only by thofe Imall differences, which time or a communication with the bordering nations mufl necefurily introduce. The inhabitants of Gaul, efpecially in thofe parts which lie contiguous to Italy, had acquired, from a commerce with their fouthern neighbours, fome Refinement in the arts, which gradually dirrufed themfelves northwards, and fpread but a very faint light over this ifiaml. The Greek and Roman navigators or merchants (for there were fcarcely any other travellers in thofe ages) brought back the moft (hocking accounts cf the ferocity of the people, which they magnified, as ufual, in order to ex cite the admiration of their countrymen. The fouth-eaft .parts, however, of Britain, had already, before the age of Cccfar, made the firft and moft requifitc ftep towards a civil i ettlement ; and the Britons, by tillage and agriculture, had there increafed to a great multitude*. The other in habitants of the ifland flill maintained thcmfelves by pai- fure: Thev were clothed with (kins of hearts: They dwelt in huts, which they reared in the foreftsand marlhes, with which the country was covered : They fhifted eafily their habitation, when actuated either by the hopes of plunder Oefar, lib. 4. THE- BRITONS. 3 or the fearof an enemy: The convenience of feeding their CHAP, cattle was even a fuiticient motive for removing their feats: 1. And as they were ignorant of all the refinements of life, v v - their wants and their potTeffions were equally fcauty and limited. THE Britons were divided into many fmall nations or tribes; andbeinga military people, whole fole property was their arms and their cattle, it was impoffible, after they had acquired a relifhof liberty, for their princes cr chieftain s to eftablifh any defpotic authority over them. Their gov ernments, though monarchical f, were free, as well as thofe of all the Celtic nations ; and the common people feem even to have enjoyed more liberty among them|, than among the nations of Gaul ||, from whom they were de- fcended. Each ftate was divided into factions within if- felf**: It was agitated with jealoufy or animofity againft the neighbouring flates : And while the arts of peace were yet unknown, wars were the chief occupation, and formed the chief object of ambition, among the peo- pie. THE religion of the Britons was one of the mod confi- derable parts of their government; and the Druids, who were their priefls, polTeffed great authority among them. Befides miniuering at the altar, and directing ail religious duties, they prefided over the education of youth; they en joyed an immunity from wars and taxes; they poffeiiedbotl) the civil and criminal jurifdiction ; they decided allccntro- verP.es among flates as well as among private perlons, and whoever refilled to f^bmit to their decree was expotcd to the moft fcvere penalties. The fentence of excommunica tion was pronounced againfl him : Fie was forbidden accefs to the fa orifices or public worfnip : He was debarred ail intercourfe with his fellow-citizens, even in the common affairs of life; His company was universally fhunned, as profane and dangerous : He vas refufed the protection of law*: And death itfelt became an acceptable relief frcirj the miiery and infamy to which he was expofed. Thus, the bands of oovcrnment, which were naturally loofe among that rude and turbulent people, were happily cor roborated by the terrors of their fuperftition. No fpecies of luperftition was ever more terrible than that of the Druids. Befides the fevere penalties, which ir was in the power of ecoiefiaftics to inflict in this world, they inculcated the eternal tranfmigralion of fouls ; and f Diocl. S r. lib. 4. Mfla, 1U). 3. ca <. 6. Sri;<Vo, lib. 4. + [ :. C.id i-is, lib. 7/;. !| Carfjr, l,b. 6. " jaoit. I * Ol-ir, hb. 6. S!!ibo, lib, ;. 4 HI STORY OF ENGLAND. CHAP, thereby extended their authority as far as the fears of their 1. timorous- votaries. They pradtifed their rites in dark groves or other fecret receffesf ; and in order to throw a .greater myflery over their religion, they communicated their doctrines only to the initiated, and ftricHy forbad the Committing of them to .writing ; left they mould at any time be expo fed to the examination of the profane vulgar. Human facrifices were pradlifed among them : The fpoils of war were often devoted to their divinities; and they punifhed with the fevered torturer whoever dared to fecrete any par,t of the confeciated offering : Thefe treafures they kept in woods and forefts, fecured by no other guard than the terrors of their religion!; and this fteady conqueft over human avidity may be regarded as more fignal than their prompting men to the moft extraordinary and moft violent efforts. No idolatrous \vorftiip ever attained fuch an afcendant over mankind as that of the ancient Gauls and Britons ; and the Romans, after their conqueft, finding it impoflible to reconcile tliofe nations to the laws and infti- tutions of their matters, while it maintained its authority, were at laft obliged to abolifh it by penal ftatutes; a vio lence which had never, in any other inftance, been prac- jtifed by thole tolerating conquerors||. THE ROMANS. "* H E Britons had long remained in this rude but inde- -* pendent ftate, when Caefar, having overrun all Gaul by his victories, firft caft his eye on their illand. He was not allured either by its riches or its renown ; but being ambitious of carrying the Roman arms into a new world, then moftly unknown, he took advantage of a fhort interval in hisGaulic wars, and made an invafion on Britain. The natives informed of his intention, were fen- fible of the unequal conteft, and endeavoured to appeafe him by fubmiffions, which, however, retarded not the execution of his defign. After lome refinance, he landed, Anno ante as j s fuppofed, at Deal , and having obtained feveral ad vantages over the Britons, and obliged them to promiie hoftages for their future obedience, he was contlrained, by the necefitty of his affairs, and the approach of winter, to withdraw his forces into Gaul. The Britons, relieved from the terror of his arms, neglected the performance of their flipulations ; and that haughty conqueror refolved f Plin. lib. 12. cap. i. J Caefar, lib. 6. |] Sueton. in vita Cluudii. THEROMANS. 5 next fummer to chaftife them for this breach of treaty. He CHAP, landed with a greater force ; and though he found a more I. regular refiftance from the Britons, who had united under v Cafiivelaunus, one of their petty princes, he difcomfited them in every aftion. He advanced into the country ; pafled the Thames in the face of the enemy ; took and burned the capital of CatTivelaunus ; eftablifhed his ally, Mandubratius, in the fovereiguty of the Trinobantes; and having obliged the inhabitants to make him new fubmif- fions, he again returned with his army into Gaul, and left the authority of the Romans more nominal than real in this ifland. THE civil wars which enfued, and which prepared the way for the eftablifhment of monarchy in Rome, faved the Britons from that yoke which was ready to be impofed upon them. Auguftus, the fucceffor of Csefar, content with the victory obtained over the liberties of his own country, was little ambitious of acquiring fame by foreign wars ; and being apprehenlive left the fame unlimited x- tent of dominion, which had fubverted the republic, might alfo overwhelm the empire, he recommended it to his fuc- ceiTors never to enlarge the territories of the Romans. Ti berius, jealous of the fame which might be acquired by his generals, made this advice of Auguftus a pretence for his inactivity*. The mad fallies of Caligula, in which he menaced Britain with an invafion, ferved only to expofe himfelf and the empire to ridicule : And the Britons had now, during almoft a century, enjoyed their liberty un- molefted ; when the Romans, in the reign of Claudius, began to think ferioully of reducing them under their do minion. Without feeking any more juftifiable reafonsof hoftility than were employed by the late Europeans in fubjefting the Africans and Americans, they fent over an A. D. 43. army under the command of Plautius, an able general, who gained fome victories, and made a confiderable pro- grefs in iubduing the inhabitants. Claudius himfelf, finding matters furficiently prepared for his reception, made a journey into Britain ; and received the fubmiffion of feve- ral Britifhftates, the Cantii, Atrebatcs, Regni, and Tri nobantes, who inhabited the fouth-eaft parts of the illand, and whom their poiTeflions and more cultivated manner of life rendered willing to purchafe peace at the expence of their liberty. The other Britons, under the command of CaraiStacus, ftill maintained an obflinate refiftance, and the Romans made little progrcfs again!) thern ; till Oftoii- us Scapula was lent pver to command their annies. This Tacit. Agr. 6 HISTORY OF EN GLAND. CHAP, general advanced the Roman conquefts over the Britons ; 1. pierced into the country of the Silures, a warlike nation, v who inhabited the banks of the Severne ; defeated Carao A. D. 50. tacus in a great battle ; took him prifoner, and fent him to Rome, where his magnanimous behaviour procured him better treatment than thole conquerors ufually beftowed on, captive princes*. NOTWITHSTANDING thefe misfortunes, the Britons were not fubdued ; and this ifland was regarded by the am bitious Romans as a field in which military honour might A. D. <r,. ftiM be acquired. Under the reign of Nero, Suetonius Paulinus was inverted with the command, and prepared to fignalize his name by victories over thofe barbarians. Finding that the ifland of Mona, now Anglefey, was the chief feat of the Druids, he refolved to attack it, and to fubjel s place, which was the centre of their fuperftition, and which attbrded protection to all their baffled forces. The Britons endeavoured to obftru6t his landing on this facred illand, both by the force of their arms and the ter rors of their religion. The women and priefts were in termingled with the foldiers upon the more ; running about with flaming torches in their hands, and tofling their dif- hevelled hair, they ftruck greater terror into the aftonifhed Romans by their bowlings, cries, and execrations, than the real danger from the armed forces was able to infpire. But Suetonius, exhorting his troops to defpife the menaces of a fuperftition which they del pi fed, impelled them to the attack, drove the Britons off the field, burned the Druids in the fame fires which thofe priefts had prepared for their captive enemies, deftroyed all the conlecrated groves and altars ; and, having thus triumphed over the religion of the Britons, he thought his future progreis would be eafy, in reducing the people to fubjetion. But he was diiappointed in his expectations. The Britons, taking advantage of his abfence, were all in arms; and headed bv Boadicea, queen of the Iceni, who had been treated in the moft ignominious manner by the Roman tribunes, had already attacked with fuccefs feveral fettle- ments of their infulting conquerors. Suetonius haftened to the protection of London, which was already a flourilh- ing Roman colony; but he found on his arrival, that it would be requifite for the general fafety to abandon that place to the mercilefs fury of the enemy. London was reduced to afhes ; fuch of the inhabitants as remained in Jt were cruelly maflacred ; the Romans and all ftrangers, to the number ot 70,000, were every -where put to the i\vord * Tacit. Ann. lib. 22. THE ROMANS. without diftin&ion ; and the Britons, by rendering the C war thus bloody, feemed determined to cut oft all hopes of peace or composition with the enemy. But this cruelty was revengec- by Suetonius in a great and decifive battle, where 80,000 of the Britons are faid to have perilhed ; and Boadicea herfelf, rather than fall into the hands of the en raged v56k>r, put an end to her ov/n life by poifon*. Nero foon after recalled Suetonius from a government, where, by fufrering and inflicting fomany feverities, he was judg ed improper for compofmg the angry and alarmed minds of the inhabitants. After fome interval, Cerealis received the command from Vefpafian, and by his bravery propa gated the terror of the Roman arms. Julius Frontinus fucceeded Cerealis both in authority and in reputation : But the general who finally eftablillied the dominion of the Romans in this illand, was Julius Agricola, who gov erned it in the reigns of Vefpafian, Titus, and Domiti- an, and diftinguithed himfelf in that fcene of action. THIS great commander formed a regular plan for fub- duing Britain, and rendering the acquisition ufeful to the conquerors. He carried his victorious arms northwards, defeated the Britons in every encounter, pierced into the inacceflible forefts and mountains of Caledonia, reduced every ftate to fubjecYion in the fouthern parts of the ifland, and chafed before him all the men of fiercer and more in- traclable fpirits, who deemed war and death itfelf lefs in tolerable than fervitude under the victors. He even de A feated them in a decifive action, which they fought under Galgacus, their leader ; and having fixed a chain of gar- rifons, between the friths of Clyde and Forth, he thereby cut off the ruder and more barren parts of the illand, and fecured the Roman province from the incurfions of the bar barous inhabitants^. DURING thefe military enterprifes, he neglecled not the arts of peace. He introduced laws and civility among the Britons, taught them to defire and raifeall the conve- niencies of life, reconciled them to the Roman language and manners, inftru&ed them in letters and fcience, and employed every expedient to render thoie chains, which he had forged, both eafy and agreeable to them J. The inhabitants, having experienced how unequal their own force was to refift that of the Romans* acquiefced in the dominion of their maflers, and were gradually incorporat ed as a part of that mighty empire. Tins was the laft durable conqueft made by the Ro mans; and Britain, once fubdued, gave no farther inquie- * Tacit. Ann. lib. i.j. f Tacit. Ajr. * Tacit. Agr. 8 HISTORY OF ENGLAND. CHAP. tu de to tne viclor. Caledonia alone, defended by its bar- I. ren mountains, and by the contempt which the Romans v v entertained for it, fometimes infefted the more cultivated parts of the ifland by the incurfions of its inhabitants. The better to fecure the frontiers of the empire, Adrian, who vifited this ifland, built a rampart between the river Tyne and the frith of Solway : Lollius Urbicus, under Antoninus Pius, erected one in the place where Agricola had fcrmer- ly eftablifhed his garrifons : Severus, who made an expe dition into Britain, and carried his arms to the moft north ern extremity of it, added new fortifications to the wall of Adrian ; and during the reigns of all the Roman empe rors, fuch a profound tranquillity prevailed in Britain, that little mention is made of the affairs of that ifland by any hifiorian. The only incidents which occur, are fome fe- ditions or rebellions of the Roman legions quartered there, and fome ulurpations of the imperial dignity by the Roman governors. The natives, difarmed, difpirited, and fubmif- five, had loft all defire, and even idea, of their former liberty and independence. BUT the period was now come, when that enormous fa bric of the Roman empire, which had diffufed flavery and opprefiion, together with peace and civility, over fo con- fiderable a part of the globe, was approaching towards its final diflblution. Italy, and the centre of the empire, re moved, during fo many ages, from all concern in the wars, had entirely loft the military fpirit, and were peopled by an enervated race, equally difpofed to fubmit to a foreign yoke, or to the tyranny of their own rulers. The empe rors found themfelves obliged to recruit their legions from the frontier provinces, where the genius of war, though languifhing, was not totally extinfit ; and thefe mercena ry forces, carelefs of laws and civil inftitutions, eftablifhed a military government, no lefs dangerous to the fovereign than to the people. The farther progrefsof the fame dif- orders introduced the bordering barbarians into the fervice of the Romans ; and thofe fierce nations, having now ad ded difcipline to their native bravery, could no longer be reftrained by the impotent policy of the emperors, who \vcre accuftomed to employ one in the deftruction of the others. Senfible of their own force, and allured by the profpecl of fo rich a prize, the northern barbarians, in the reign of Arcadius and Honorius, affailed at once all the frontiers of the Roman empire ; and having firft fatiated their avidity by plunder, began to think of fixing a fettle- ment in the wafted provinces. The more diftant barba rians, who occupied the deferted habitations of the form er, advanced in their acquifitions, and pfeffed with their T II E R O M A N S. 9 incumbent weight the Roman ftate, already unequal to C H A P the load which it fuftained. Inftead of arming the people I. in their own defence, the emperors recalled all the diftant ^ legions, in whom alone they could repofe confidence ; and collected the whole military force for the defence of the capital and centre of the empire. The neceflity of lelf- preiervation had fuperfeded the ambition of power ; and the ancient point of honour, never to contract the limits of the empire, could no longer be attended to in this defpe- rate extremity. BRITAIN by its fituation was removed from the fury of thefe barbarous incurfions ; and being alfo a remote pro vince, not much valued by the Romans, the legions which defended it were carried over to the protection of Italy and Gaul. But that province, though lecured by the feaagainlt the inroads of the greater tribes of barbarians, found ene mies on its frontiers, who took advantage of ifs prefent defencelefs fituation. The Picls and Scots, who dwelt in, the northern pntts, beyond the wall of Antoninus, made incurfions upon their peaceable and effeminate neighbours; and befides the temporary depredations which they com mitted, thefe combined nations threatened the whole pro vince with fubjection,or, what the inhabitants more dread ed, with plunder and devaluation. The Picts feem to ha\e been a tribe of the native Britiih race, who, having been -:ia!cd into the northern parts of the conquers of Agricola, had there intermingled with the ancient inhabitants : The Scots were derived from the fame Celtic origin, had firft been eftablifhed in Ireland, had migrated to the north- weft coafts of this iiland, and had long been accuftomed, as well from their old as their new feats, to infeft the Ro man province by piracy and rapine*. Thefe tribes, finding their more opulent neighbours e.xpofed to invafion, loon broke over the Roman wall, no longer defended by the Roman arms { and though a contemptible enemy in them- felves, met with no refinance from the unwai like inhabi tants. The Britons, accuftomed to have rx-courfe to the emperors for defence as well as government, made fuppli- cationsto Rome ; and one legion was fent over for their protection. This force was an overmatch for the barbari ans, repelled their invafion, routed them in every engage ment, and having chafed them into their ancient limits, returned in triumph to the defence of the foutbern pro vinces of the empire I". Their retreat biought on a new VOL. I. C * See Xo .f [A] at the end of the Volume. + GiiUas, Eede, lib. i. cap. i;. l<ul. Uiacc.n, io HISTORY OF ENGLAND. CHAP, invafion of the enemy. The Britons made again an ap- 1. plication to Rome, and again obtained the affiftance of a ; legion, which proved effectual for their relief: But the Romans, reduced to extremities at home, and fatigued with thole diltant expeditions, informed the Britons that they muft no longer look to them for fuccour, exhorted them to arm in their own defence, and urged, that as they were now their own mailers, it became them to protect by their valour that independence which their ancient lords had conferred upon them*. That they might leave the ifland with the better grace, the Romans affifted them in erecting anew the wall of Severus, which was built entirely of ftone, and which the Britons had not at that time artificers fkilful enough to rcpairf. And having done this laft good office to the inhabitants, they bid a final adieu to Britain, about the year 448 ; after being mailers of the more con- fiderable part of it during the courfe of near four centu ries. THE BRITONS. TH E abjecl Britons regarded this prefent of liberty as fatal to them ; and were in no condition to put in practice the prudent counlel given them by the Romans, to arm in their own defence. Unaccuftomed both to the perilsof war and to the cares of civil government, they found themielves incapable of forming or executing any meaiures for refifting the incurfions of the barbarians. Gratian allb and Conftantine, two Romans who had a lit tle before affumed the purple in Britain, had carried over to the continent the flower of the Britifh youth ; and hav ing perifhcd in their unfuccefsful attempts on the imperial throne, had deipoiled the ifland of thole who, in this def- perate extremity, were beft able to defend it. The Piers and Scots, finding that the Romans had finally relinquifh- ed Britain, now regarded the whole as their prey, and at tacked the northern wall with redoubled forces. The Britons, already fubdued by their own fears, found the ramparts but a weak defence for them ; and deferting their ftation, left the country enlirely open to the inroads of the barbarous enemy. The invaders carried devaluation and ruin along with them ; and exerted to the utmoft their na tive ferocity, which was not mitigated by the helplefs con dition and fubmiffive behaviour of the inhabitants!. The * Bede, lib. i. cap. 12, f Ibid. J Gildas, Bede. lib. i. Ann. Beverl. p. 45. THE BRITONS. u unhappy Britons had a third time recourfe to Rome, which CHAP, had declared its refolution for ever to abandon them. /Eti- . j^ us, the patrician, fuftained, at that time, by his valour and v. v j magnanimity, the tottering ruins of the empire, and re vived for a moment, among the degenerate Romans, the fpirit, as well as difcipline, of their ancestors. The Bri- tifh ambaffadors carried to him the letter of their country men, which was infcribed, The. Groans oj the. Britons. . The tenor of the epiftle was fuitable to its fuperfcription. The barbarians, fay they, on the one hand, chafe us into thefea ; thefea, on the other, throws us back upon the bar barians ; and we have only the hard choice left us, of pc- nfning by thejword or by the, waves*. But ^Etius, prefled by the arms of Attila, the moll terrible enemy that ever aiTailed the empire, had no leifure to attend to the com plaints of allies, whom gencrofity alone could induce him toamTt*K The Britons, thus rejected, were reduced to defpair, deferted their habitations, abandoned tillage, and flying for protection to the forefts and mountains, iuflered equally from hunger and from the enemy. The barbari ans themlelves began to feel the preflures of famine in a country which they had ravaged : and being haralTed by the dilperfed Britons, who had not dared to refift them in a body, they retreated with their fpoils into their own country^. THE Britoft, taking advantage of this interval, return ed to their ufual occupations ; and the favourable feafons, which fucceeded, leconded their induftry, made them loon forget their paft ruiferies, and reflored to them great plenty of all the necellaries of life. No more can be imagined, to have been poffciled by a people /o rude, who had not, without the afiutance of the Romans, art of mafonry fufV ficient to raife a ftone rampart for their own defence : Yet the Monkifh hiftoriansll, who treat of thofe events, com plain of the luxury of the Britons during this period, and afcribe to that vice, not to their cowardice or improvident counfels, all their fubfequent calamities. THE Britons, entirely occupied in the enjoyment of the prefent interval of peace, made no provifion for refitt-r ing the enemy, who, invited by their former timid beha viour, foon threatened them with a new invafion. V\ ^ are not exactly informed what fpecies of civil government the Romans on fjifir departure had left among the Britons; but it appears probable, that the great men in the different * Gik!as, Becic, ! :. i, cap. 13. Mahneilu;ry, lib. i.ra,;. j, A;in. Bi-vcil. P. 45. f Cluon. .S<<x. p. ii. edit. 1692. t An;i. fce eil. p. 4;,. C . .Uii.,, Beyle, lib. j. c^p. 14. 12 HISTORY OF ENGLAND. CHAP, diflricls afTumed a kind of regal, though precarious author J. rity ; and lived in a great nieafure independent of earh * v other*. To this difunion of counfels were allo added the difputes of theology ; and the difciples of Pelagius, who was himfelf a native of Britain, having increaled to a great multitude, gave alarm to the clergy, who feem to- have been more intent on fuppreffing them, than on oppofing the public enemyf. Labouring under thefe domeftic evils, and menaced with a foreign invahon, the Britons attended! only to the fuggeftions of their prefent fears; and follow ing the couniels of Vortigern, prince of Duinnonium, who, though fta ned with every vice, pofielTed the chiei authority among themj, they lent into Germany a deputa tion to invite over the Saxons ior their protection and al- fiftance. THE SAXONS. OF all the barbarous nations, known either in ancient or modern times, the Germans feem to have been the moft diftinguiihed both by their manners and political in- ftitutions, and to have carried to the highcit pitch the vir tues of valour and love of liberty ; the only virtues which can have place among an uncivilized people, where? juilice and humanity are commonly negleraed. Kingly government, even when efiubliihed among the Germans (for it \vas not univerfal), poflefled a very limited authori ty ; and though the ibvereign was ufually chofen from among the royal family, he was directed in every meafure by the common confent of the nation over whom he prefi- iled. When any important affairs were tranfacted, all the Avarriors met in arms ; the men of greateft authority em ployed perfuafion to engage their ronient ; the people expreiTed their approbation bv rattling their armour, or their diiFent by murmurs ; there was no necefliry for a nice fcrutiny of votes among a multitude, who were ufu- ally carried with a ftrong current to one fide or the other ; and the meafure, thus fuddenly chofen by general agree ment, was executed with alacrity, and profecuted with vigour. Even in war, the princes governed more by ex ample than by authority : But in peace, the civil union was in a great meafure diilolvcd, and the inferior leaders adminiflered juflice after an independent manner, each in his particular diftnct. Thefe were elected by the votes * Gildas. Uflier, An;. Rrit.p. 248. 347. f Gildas. Rede, lib. i. r r.p. 17. Conftaat. in vitaGeiin. J Giklas, Gul. Malm. \i. 8. THE SAXONS. 13 ,of the people in their great councils ; and though regard CHAP. was paid to nobility in the choice, their perfonal qualities, I. chiefly their valour, procured then), from the fuffrages of * their fellow-citizens, that honourable but dangerous dif~ tin6tion. The warriors of each tribe attached themfelves lo their leader with the moft devoted affection and molt un- ihaken conftancy. They attended him as his ornament in peace, as his defence in war, as his council in the adminif- tration of juftice. Their conftant emulation in military renown diflblved not that inviolable friendfhip which they profeffed to their chieftain and to each other. To die for the honour of their band, was their chief ambition : To iurvive itsdifgrace, or the death of their leader, was infa mous. They even carried into the field their women and children, who adopted all the martial fentiments of the men : And being ihus impelled by every human motive, they were invincible ; where they were not oppofed either by the fimihsr manners and inftitutions of the neighbouring Germans, or by the fuperior discipline, arms, and numbers of the Romans*. THE leaders and their military companions were main tained by the labour of their flaves, or by that of the weak er and lefs warlike part of the community whom they de fended. The contributions which they levied went not beyond a bare fubfiftence ; and the honors, acquired by a luperior rank, were the only reward of their fupciior dan gers and fatigues. All the refined arts of life were un known among the Germans : Tillage itfelf was almoft wholly neglecled : They even feem to have been anxious to prevent any improvements of that nature ; and the lea ders, by annually distributing anew all the land among the inhabitants of each village, kept them from attaching them felves to particular pofleifions, or making fuch progrefs in agriculture as might divert their attention from milita ry expeditions, the chief occupation of the communi- ty.t 1 HE Saxons had been for fome time regarded as one of the mod warlike tribes of this fierce people, and had be come the terror of the neighbouring nations^:. They had difrufed themfelves from the northern parts of Germany and theCimbrian Chcrfonelus, and had taken poffcffion of all the fea-coaft from the mouth of the Rhine to Jutland ; whence they had long infefted by their piracies all the caf- tern and fouthern parts of Britain, and the northern of * Carfar, lib. 6. Ta:it. de Mor. Ge?m. f Cefir, lib. 6. Jacit. ibid. + Aram. Maicell. lib. aS. Crofius. 14 HISTORY OF ENGLAND. CHAP. Gaul*. In order tooppofe their inroads, the Romans had I. eflablifhed an officer, whom they called Count of the Saxon * v fkore; and as the naval arts can flourish among a civilized people alone, they feem to have been more fuccefsful in re- pellingthe Saxons, thananyof theotherbarbariansby whom they were invaded. 1 he diflolution of the Roman power in vited them to icnew their inroads ; and it was an accepta ble citcumftance, that the deputies of the Britons appeared among them, and prompted them to undertake an enter- prize, to which they were of themfelves fuffkiently in- clinedf. HENGIST and Horfa, two brothers, poflefTed great cre dit among the Saxons, and were much celebrated both for their valour and nobility. They were reputed, as moft of the Saxon princes, to be fprung from Woden, who was worfhipped as a god among thofe nations, and they are faid to be his great grandfons ; a circumftance which ad ded much to their authority. We (hall not attempt to trace any higher the origin of thofe princes and nations. It is evident what fruitlels labour it muft be to fearch, in thofe barbarous and illiterate ages, for the annals of a people, when their firft leaders, known in any true hifiory, were beljeved by them to be the fourth in defcent from a fabu lous deity, or from a man exalted by ignorance into that character. The dark induftry of antiquaries, led by ima ginary analogies of names, or by uncertain traditions, would in vain attempt to pierce into that deep obicurity which covers the remote hifiory of thofe nations. THESE two brothers, obferving the other provinces of Germany to be occupied by a warlike and neccifitous peo ple, and the rich provinces of Gaul already conquered or overrun by other German tribes, found it eafy to perfuade their countrymen to embrace the fole enterprize which promifed a favourable opportunity of dilplaying their va lour and gratifying their avidity. They embarked their troops in three vefTels, and, about the year 449 or 450!!, carried over 1600 men, who landed in the ifle of Thanet, and immediately marched to the defence of the Britons againft the northern invaders. The Scots and Pits were unable to refift the valour of thefe auxiliaries; and the Britons, applauding their own wifdom in calling over the Saxons, hoped thenceforth to enjoy peace and fecuri- * Amm. Marcell. lib. 27. cap. 7. lib. 28. cap. 7. f Will. Malm. p. 8. j Btde, lib. i. cap. i-j. Saxon Chrcn. p. 1.5. Xenuius. cap. 28. it Saxon Chronicle, p. 12. Gul. MaUri. p. u. HuntSngton, lib. 2. p. 309, Ethelweu!. Brurnpton, p. 72!!. THE SAXONS. 15 ty under the powerful protection of that warlike peo- CHAP, pie. 1- BUT Hengift and Horfa perceiving, from their eafy v / vi&ory over the Scots and Pills, with what facility they might fubdue the Britons themfelves, who had not been able to rcfift thofe feeble invaders, were determined to conquer and fight for their own grandeur, not for tiie de fence of their degenerate allies. They font intelligence to Saxony of the fertility and riches of Britain ; and re- prefented as certain the fubjetion of a people fo longdif- uled to arms, who, being now cut off from the Roman em pire, of which they had been a province during fo many ages, had not yet acquired any union among themfelves, and were deftitute of all affection to their new liberties, and of all national attachments and regards*. The vices and pufillanimity of Vortigern, the Britifh leader, were a new ground of hope; and ihe Saxons in Germany, follow ing fuch agreeable profpe&s, foon reinforced Hengift and Horfa wiih 5000 men, who came over in feventeen veffels. The Britons now began to entertain apprehenfions of their allies, whofe numbers they found continually augmenting; but thought of no remedy, except a paffive lubmiffion and connivance. This weak expedient foon failed them. The Saxons fought quarrel, by complaining that their fubfi- dies were ill paid, and their provifions withdrawnf : And immediately taking off the mafk, they formed an alliance with the Picls and Scots, and proceeded to open hoftility againft the Britons. THE Britons, impelled by thefe violent extremities, and rouled to indignation againft their treacherous auxiliaries, were neceflitated to take arms ; ancLhaving depofed Vor tigern, who had become odious fiom his vices, and from the bad event of his ram counfels, they put themfelves un der the command of his fon Vortimer. They fought many battles with their enemies: and though the vitfories in thefe actions be difputed between the BrJtifh and Saxon annalifts, the progrefs ftill made by the Saxons proves that the advantage was commonly on their fide. In one battle, however, fought at Eglesford, now Ailsford, Horfa, the Saxon general, wasllain, and left the fole command over his countrymen in the hands of Hengift. This adtive general, continually reinforced by freih numbers from Germany, carried devaftation into the mod remote corners of Britain ; and being chiefly anxious to Ipread the terror of his arms, he fpared neither age, nor lex, nor condition, * Chron. Sax. p. 12. Ann. Beverl. p. 49. f Bede, lib. i.cap. 15. Kennius, cap. 35. Gildas, 33. i6 HISTORY OF EN GLAND. CHAP, wherever he marched with his victorious forces. The pri* I. vate and public edifices of the Britons were reduced to v alhes : The priefts were flaughtered on the altars by thofe idolatrous ravagers : The bifhops and nobility fhared the fate of the vulgar : The people, flying to the mountains and deferts, were intercepted and butchered in heaps : Some were glad to accept of life and fervitude under their viftors; Others, deferting their native country, took (bel ter in the province of Armorica ; where, being charitably received by a people of the fame language and manners, they fettled in great numbers, and gave the country the name of Brittany*. THE Britifh writers affign one caufe which facilitated the entrance of the Saxons into this ifland ; the love with which Vortigern wasat firft feized tdr Rovena, the daught er of Hengift, and which that artful warrior made ufe of to blind the eyes of the imprudent monarchf. The fame hiftorians add, that Vortimer died ; and that Vortigern, being reftored to the throne, accepted of a banquet from Hengift at Stonehenge, where 300 of his nobility were treacheroufly flaughtere d, and himfelf detained captive!, But thefeftories item to have been invented by the Welfh authors, in order to palliate the weak refinance made at firft by their countrymen, and to account for the rapid progrefs and licentious devaftationsof the Saxons ||. AFTER the death of Vortimer, Ambrofius, a Briton, though of Roman defcent, wasinvefted with the command over his countrymen, and endeavoured, not without fuc- cefs, to unite them in their refiftance againft the Saxons. Thofe contefts increafed the animofify between the two nations, and roufed the military fpirit of the ancient in* habitants, which had before been funk into a fatal lethargy* Hengift, however, notwithftanding their oppofition, ilijj maintained his ground in Britain ; and in order to divide the forces and attention of the natives, he called over a new tribe of Saxons, under the command of his brother Ofta, and of Ebifla, the fon of Ofta ; and he fettled them in Northumberland. He himfelf remained in the fouthern parts of the ifland, and laid the foundation of the kingdom of Kent, comprehending the county of (hat name, Middle- lex, Elfex, and part of Surry. He fixed his royal feat at Canterbury ; where he governed about forty years, and he died in or near the year 488 ; leaving his new-acquired dominions to his pofterity* * Bede, lib. i. cap. 15. UAier, p. 226. Gildas, 2,5. f Nennius. Galfr. lib. 6. cap. 12. $ Isenmus, cap. 47. Galfr. || Stiliingfleet s Grig. Brit. p. 324, 325. THE S A X O N S. 17 THE fuceefs of Hengilh excited the avidity of.ihe other C II A F- northern Germans ; and at different times, and under dif- I. ferent leaders, thev flocked over in multitudes to the in- - v - valion of this ifland. Thefe conquerors were chiefly coin- pofed of three tribes, the Saxons, Angles, and Jutes *, who all parted under the common appellation, tpraetimes of Saxons, Ibmet uies of Angles; and i pea king the fame language, and being governed by the lame inftitutions, th-v v/ere naturally led, from theie caufes as well as from their common interell, to unite themfelves againft the an cient inhabitants. The reuftance h.oweyer, though une qual, wasftill maintained by the Britons; but became every day more feeble : And their calamities admitted of few interval-, till they were driven into Cornwal and Wales, and received protection from the remote fituation or inacceffible mountains of thofe countries. THE firft Saxon ftate after that of Kent, which was cftablifhed in Britain, was the kingdom of South-Saxony. In the year 47yt, /Ella, a Saxon chief, brought over an army from Germany ; and landing on the fouthern coaft, proceeded to take poffeffion of the neighbouring territory. The Britons, now armed, did not tamely abandon their poffeflions ; nor were thev expelled, ti l defeated in many battles by their warlike invaders. The mod memorable aclion, mentioned by hiflorians, is that of Meacredes- Burn^ ; where, though the Saxons feem to have obtained the victory, they fuifered lo coufiderable a lofs, as fome- what retarded the pro?refs of their conquefls. But /Ella, reinforced by freih numbers of his countrymen, again took the field againft the Britons ; and laid fiege* to Andred- Ceailer, which v/as defended by the r,ari iibn and inhabi tants with defperate valour ||. The Saxons, enniaed bv this refiflance, and by the fatigues and dangers which they had fuftained, redoubled their eilorts agan.il the pl:ice, and when mailers of it, put all their enemies to the Iword \vithoutdiilinrtion. r rhisdecifive advantage fecured the conquefisof /Ella, who afTumed the name of King, and extended his dominion over Suflex and a great part of Surry. Me v. as flopped in his progrei s to the eaft by the kingdom of Kent: In that to the weft by another ^I. D 1*, Hi), i, cap. I-";. EthrUverd, p. 833. ec it. Camdfn:. Chron. Sax. )i. i?. Arm. Eevtrl.n. yS. The Inhabitants of I".:;i;t and the ill e of \ I ex, and all the lout hern toi i : . .ixons: Metcia, and other partsof the kingdom, .> A)*ie<l \>y Ai f ( I-. j i-j. /.ini. Ho eil. p. ST. + Saxon Chron. A. D. 435. Fior. V . tiling. LL. 2. iS HISTORY OF EN G LAN D. CHAP- f i Jbe of Saxons, who had taken poffeffion of that tcrri- I. tory. * v THESE Saxons, from the fituation of the country in which they fettled, were called the Weft- Saxons, and landed in the year 495, under the command of Cerdic, r?nd of his fon Kenric*. The Britons \vere, bv paft ex perience, fo much on their guard, and (o well prepared to icceive the enemy, that they gave battle to Cerdic the very day of his, landing ; and though vanquifhed, ftill defen ded, for fome time, their liberties a pa in ft the invaders. None of the other tribes of Saxons met with fuch vigorous refjHanre, or everted fuch valour and perfeverance in puih- ingtlieir conqucils. Cerdic was even obliged to call for the afliftance of his countrymen from the kingdoms of Kent and Suffex, as well as from Germany, and lie was thence joined by a trefh army under the command of Porte, and of his fon? Bleda and Meglaf. Strengthened by thefe fuccours, he fought, in the year 508, a defperate battle witii the Briton?, commanded by Nazan-Leod, who was victorious in the beginning of the action, and routed the wing in which Ccrdic himfelf commanded ; but Kenric, xvho had prevailed in the other wing, brought timely aflift ance to his father, and reftored the battle, which ended in a complete victory gained by the Saxons}:. Nazan-Leod pcri .hed, with 5000 of his army ; but left the Britons more weakened than difcouraged by his death. The war ftill continued, though the fuccefs was commonly on the fide of the Saxon , whofe fhort fwords, and clofe manner of fighting, gave them great advantage over the mifale wea pons of the Britons. Cerdic was not wanting to his* good fortune ; and in order to extend his conquefts, he laid fiege to Mount B;idon or Banefdovrne near Bath, whither the moft obftmate of the difcomfitcd Britons had retired. The fouthern Brtions, in this extremity, applied for affiftance to Arthur, Piince of the Silures, whole heroic valour now fuftained the declining fate of his country|j. This is that Arlhur fo much celebrated in the fongs of Thalieffm, and the other Bi him bards, and whofe military achievements have been blended with fo many fables, as even to give oc- cafion for entertaining a doubt of his real cxiftence. But poets, though they disfigure the moft certain hiftory by their fictions, and life ftrange liberties with truth where they jre the fole Jnftorians, as among the Britons, have commonly fome foundation for their wildeft exaggerations. * \Vill. Malm, Lb. i. cap. t. p. 12. Chron. ?ax. p. 15. t Chron. Sax. p. 17. } H. Hunting, lib. 2. Ltheiwcid, lib. i. Chron. Sax. p. 17. i| Hunting: lib. 2. THE SAXON S. I9 Certain it is, that the fiege of Badon was railed by the C H A P. Britons in the year 520 : and the Saxons were there dif- I. comfitsd in a great battle*. This misfortune Hopped the v , progreis of Ccrdic ; but was not fufhcient to wreft from him the conquefts which he had already made. He and his foil, Kenric, who fucceeded him, eftablilhed- the king dom of the Weft-Saxons, or of Weil ex, ever the counties of Hants, Dorfet, Wilts, Berks, and the Tile pf Wight, and left their new-acquired dominions to their pcfteriiy. Cerdic died in 524, Kenric in 560. WHILE the Saxons made this progrefs in thefouth, their countrymen were not lefs active in other quarters. In the year 527, a great tribe of adventurers, under ieverat leaders, landed on the eaft coaft of Britain ; and after fighting many battles, of which hiftory has preferved no particular account, they eftablifhed three new kingdoms in this illand, Utfa aflumed the title of king of the EufU Angles in 575 ; Crida that of Mercia in 58.^ ; and Er- kinwin that of Eaft-Saxony or Eflex nearly about thcihme time, but the year is uncertain. This latter kingdom was dil membered from that of Kent, and comprehended ElTex, Middiefex, and part of Hertfordshire. That of the Eatl- Ang!es, the counties of Cambridge, Suffolk, and Norfolk; Mercia was extended over ail the middle counties, from thebanksof the Severn, to the frontiers of thefe two kingr dorn?. THE Saxons, foon after the landing of Heng:.1, had been planted in Northumberland ; but, as they met with an obitinate refinance, and made but final! progreis in iiib- duing the inhabitants, their affairs were in (o unfettled a condition, that none of their princes for a Jong time aflurn- ed the appellation of king. Atlaft, in 547!, Ida, a Saxon prince of great valour,!!, who claimed a defcent, as did aii the other princes of that nation, from Woden, brought over a reinforcement from Germany, and enabled the Northumbrians to carry on their conquefts over the Britons. He entirely" fubdued the county now called Northumber land, the bifliopric of Durham, as well as ibrnc of the fouth-eaft counties of Scotland ; and he a (Turned the crown ynder the title of king of Bernicia. Nearly about the lame time, /K!ia, another Saxon prince, having conquered Lancafhire, and the greater part of Yorklhiie, received the appellation of king of Deiri** Theft two kingdoms were united in the perfon of Ethilfrid, grandlbn of Ida, * Gi .cias, Saxon Chicn,. H. Kinitin?. lib. 2. t Mit i. Weft, , i.b. i i i I; . 19. :y. ** Ann. licyeil. p. 7?, H I S T O R Y O F E N G L A N D. C II A ? wko married Area, the daughter of VElla ; and expelling 1. her brother Edwin, eftablifhed OTIC of the irofi powe:ful v -- v - of the Saxon kingdoms by the title of Northumberland. How far his dominions extended into the country now oi led Scotland is uncertain ; but it cannot be doubted, that ail the !ow!aiK?~, efpoeiailv the eait-coafl of that count)--, \verv peopled in : . great meafure from Germany ; though the expeditions, made by the fev eral Saxon adventurers, have eicaped the records of hiftorv. The language fp >- ken in thole countries, which is purely Saxon, is a ilrong- er proo" of this event, than can be cppofed by the irnpcr- fcti, or rather fabulous annals, which are obtruded ou us bv the Scoiiifh hiPiorians. THE II E P T A R C II Y. ^- ^ V 3S e^ablifhed, after n violent conteft of near *- a hundred and fifty years, the Heptarchy, or fever} Saxon kingdoms, in Britain ; and the v/hole fouthern part of ihe iiland, except Wales and Cormval, had totally changed its .inhabitants, language, cuftoms, and political Institutions. The Britons, under the Roman dominion, had made fuch advances towards arts and civil manners, that they had built twenty-eight considerable cities within their province, befides a great number of villages and country feats* : But the fierce conquerors , by whom they were now fubdued, threw cve:y thing back into ancient barbari ty : and thole tew natives, who were not either mailacred or expelled their habitations, were reduced to the nicfc ab- ject ilaverv. None of the other northern conquerors, the Franks, Goths, Vandals, or Burgundians, though they overran the fouthern provinces of tiie empire like a mighty torrent, made fuch devaluations in the conquered territories, or were inflamed into fo violent an animofity againfl the a ncient inhabitants. As the ivixons came over at intervals in Separate bodies, the Britons, however at firft uhwarlike, were tempted to make refi-fiance ; and hoililities being thereby prolonged, proved more definitive to both parties, elpecially to the vanquifiied. The nrfl invaders froiii Ger many, inftead of excluding other adventurers, who mufl fhare with them thefpoilsof the ancient inhabitants, were obliged to folicit frefh fupplies from their own country; and a total extermination of the Britons became the fole expedient for providing a fettlemcii! aiul fubfiilen - e to the hew planters. Hence there have been found in hiitory THE H E P T A R C II Y. 21 few conquefts more ruinous than that of the Saxons; and CHAP, few revolutions more violent than that which they intro- I. duced. v v So Ions; as the conteft was maintained with the natives, the feveral Saxon princes prcfcrved a union of counfelsand interefts ; but after the Britons were fhut up in the barren countries of Cornwal and Wales, and gave no farther dif- turbance to the conquerors, the band of alliance was in a great meafure divTolvecl among the princes of the Heptar chy. Though one Prince feemsftill to have been allowed, or to h.we affumed, an alcendant over the whole, his autho rity, if it ought ever to be deemed regular or legal, was extremely limited ; and each (late acted as :f it had been independent, and wholly feparate from the reft. Wars, therefore, and revolutions and difienfions were unavoidable among a turbulent and military people; and thefe events, however intricate or confufed, ought now to become the objects of our attention. But, added to the difficulty" of carrying on at once the hifiory cf feven independent king doms, there is great difcouragement to a writer, arifing from the unceitainty, at lead barrennefs, of the accounts tranfmittsd to us. The monks, who were the only anna- lifts during thofe ages, lived remote from public affairs, confidered the civil tranfactions as entirely fubordinate to the ecclefiaftical, and, befides partaking of the ignorance and barbarity which were then univerlal, were ftrongly infected with credulity, with the love of wonder, and with a prop-nfity to impofture ; vices almoft infeparable from their profelfion and manner of life. The hiftory of that period abounds in name?, but is extremely barren of events; Or the events are related fo much without circumftances and caufes, that the moil profound or m oft eloquent writer mull defpair of rendering them either inftructive or entertaining to the reader. Even the great learning and vigorous ima gination of Milton funk under the weight; and this author fcruples not tc declare, that the fkirmifhes of kites or crows as much merited a particular narrative, as the confufed tranladipns and battles of the Saxon Heptarchy*. In order, however, to connect the events in fome tolerable meafure, we (hall give a fuccinct account of the fucceffions of kings, and of the more remarkable re /olutions in each particular kingdom ; beginning with that of Kent, which Was the firft efFablifhed. * Milton in Kennet, y. ^n. 22 HISTORY OF ENGLAND. THE KINGDOM OF KENT. ESC US fucceeded his father, Hengift, in the king dom of Kent ; but feems not to have poiTelTed the military genius of that conqueror, who mil made way for the entrance of the Saxon, arms into Britain. AH the Saxons, who fought either the fame of valour, or new eftabliihments by arms, flocked to the ftandard of JfMa, king of Suflex, who was carrying on fuccefsfui war againit the Britons, and laying the foundations of a new king dom. Efcus was content to poiTefs in tranquillity the kingdom of Kent, which he left in 512 to his ion Ocla, in whole time the Eaft-Saxons eftablifhed their monarchy, and difmembered the provinces of Effex and Middlefex from that of Kent. His death, after a reign of twenty-two years, made room for his Ion Hcrmenric in 534, who per formed nothing memorable during a reign of thirty-two ye.irs, except alTociating with him his fon Ethelbert in the government, that he might fecure the fucceffion in his family, and prevent fuch revolutions as are incident to a turbulent and barbarous monarchy. ETHELBERT revived the reputation of his family, which had languimed for fome generations. The inactivity of his predeceflbrs, and the fituation of his country, fecured from all hoQility with the Britons, feem to have much en feebled the warlike genius of the Kentifh Sax ons ; and Ethelbert, in his firfl attempt to aggrandize his country, and difljnguilh his own name, was unfuccefsful*. He was. twice di fee milted in battle by Ceaulin, king of Wettex ; and oblige;} to yield the fuperiority in the Heptarchy to that ambitious monarch, who preferved no moderation in his victory, and by reducing the kingdom of Sufiex to fub- jcdion, excited jealoufy in all the other princes. An af- fociation was formed againfl him; and Ethelbert, intrufied with the commind of the allies, gave him battle, and ob tained a decifive vidloryf. Ceauiin died foon after ; and Ethclbert fucceeded as well to his afcendant among the Sa-xon dates, as to his other ambitious projefts. He re duced all the princes, except the king of Northumberland, toa firicl depcndancc upon him; and even eflabliil;ed hirufeif by force on the throne of Mercia, the mofl extcnfive of the Saxon kingdoms. Apprehenfive, however, of a dangerous league againlt him, like that by which he himfelf had been enabled to overthrow Ceaulin, he had the prudence to re- fign the kingdom of Mercia to Webba, the rightfu\ heir, * Chron. Sax. p. 21. -j- R. Hunting, lib. 2. THE HEPTARCHY. 23 the fon of Crida, who had firfl founded that monarchy. CHAP. But governed ftill by ambition more than by juflice, he I. gave Webba pofTeffion of the crown on fuch conditions, as v v rendered him little better than A tiibutary prince under his artful benefaclor. Bur the moft memorable event which diftinguifhed the reign of this great prince, was the introduction of the Chriilian religion among the Englifh Saxons. The fu- perftition of the Germans, particularly that of the Saxons, was of the grofleft and moil barbarous kind ; and being founded on traditional tales received from their ancerlors, not reduced to any fyftem, not fupported by political in- ftitutions like that of the Druids, it feems to have mads little impreffion on its votaries, and to have eafily refigned its place to the new doftrine promulgated to them. Wo den, whom they deemed the ancefior of all their princes, was regarded as the god of war, and, by a natural confe- quence, became their fupreme deity, and the chief object of their religious worfhip. They believed, that if they obtained the favour of this divinity by their valour (for they made lefs account of the other virtues), they fhould be admitted after their death into his hall ; and repofing on couches, ihould fatiate themfelves with ale from the fkulls of their enemies whom they had flain in battle. Incited by this idea of paradife, which gratified at once the pa (lion of revenge and that of intemperance, the ruling inclinati- ODS of barbarians, they defpifed the dangers of war, and increafed their native ferocity againft the vanquifhed by their religious prejudices. We know little of the other theological tenets of the Saxons: W only learn that they were polytheifts ; that they worfhipped the fun and moon; that they adored the god of thunder, under the name of Thor ; that they had images in their temples ; that they pra6ti(ed facrifices ; believed firmly in fpells and inchant- ments ; and admitted in general a fyftem of doclrines which they held as lacred, but which, like all other fupeiftitions, in uft carry the air of the wild eft extravagance, if propoun ded to thole who are not familiarized to it from their earlieft infancy. THE conflant hoftilities which the Saxons maintained againft the Britons, would naturally indifpofe them for receiving the Chriftian faith, when preached to them hv fuch inveterate enemies ; and perhaps the Britons, as is objected to them by Gildas and Bede, were not overfond of communicating to their cruel invaders the do6lrine of eternal life and falvation. But as a civilized people, however fuhdued by arms, ftill maintain a fentible fape- riority over barbarous and ignorant nations, all the other 24 HISTORY OF ENGLAND. C II A P. northern conquerors of FLurope had been already induced J. to embrace the Chriftian faith, which they found eftablifh- v , ed in the empire ; and it was impoffible but the Saxons, informed of this event, mufl have regarded with foine de gree of veneration a doflrine, which had acquired the afcendant over all their brethren. However limited in their views, they could not but have perceived a degree of cultivation in the ibuthern countries beyond what they themielves poffefled ; and it was natural for them to yield to that fuperior knowledge, as well as zeal, by which the inhabitants of the Chriftian kingdoms were even at that time diflinguifhed. BUT thefe caufes might long have failed of producing any confiderable effect, had not a favourable incident prepared the ireans of introducing Chrifiianity into Kent. Ethelbert in his father s lifetime, had married Bertha, the only daughter of Caribert, king of Paris*, one ot the defcendants of Clovis, the conqueror of Gaul ; but be fore he was admitted to this alliance, he was obliged to ftipulate, that the princefs ihould tnjoy the free exercife of her religion ; a conceffioa not difficult to be obtained fiom the idolatrous Saxonsf. Bertha brought over a French bifhop to the court of Canterbury ; and being zealous for the propagation of her religion, fhe had been very affidu- ous in her devotional exerciles, had fupported the credit of her faith by an irreproachable conduct, and had cm- ployed every art of insinuation and addrefs to reconcile her hufband to her religious principles. Her popularity in the court, and her influence over Ethelbert, had lo well paved the way for the reception of the Chriftian doctrine, that Gregory, firnamed the Great, then Roman pontiff, began to entertain hopes of effecting a project, which he himfelf, before he mounted the papal throne, had once embraced, of converting the Britilh Saxons. IT happened, that this prelate, at that time in a private flation, had qbferved in the market-place of Rome fome Saxon youth expoled to lale, whom the Roman merchants, in thfir trading voyages to Britain, had bought of their mercenary parents. Struck with the beauty of their fair complexions and blooming countenances, Gregory afked to what country they belonged ; and being told they were singles, he replied, that they ought more properly to be denominated angels: It were a pity that the Prince of Darknefs fhould enjoy fo fair a prey, and that lo beauti ful a frontifpiece ihould cover a mind deftitute of internal grace and righteoufnefs. Enquiring farther concerning * Grrg. o f Tours, lib. 9. cap. r6. H. Hunting, lib. 2. f Bede, lib. i. cvp. ?$. Eromp;on, p. 7^9. T H E H E P T A R C H Y. 25 the name of their province, he was informed, that it was CHAP. Deiri, a diftrict of Northumberland : Deiri ! replied he, I. that is good ! Tficv are called to the mercy of Godjrom his / anger, I)e ira. But what is the name of tk , king of that province ? He was told it was ALlla or AUa : Alleluia, cried he : We muft endeavour, that the praifes of (*od befung in their country. Moved by thelc alluvions, which appeared to him io happy, he determined to undertake, himfelf, a mi .Vion into Britain ; and having obtained the Pope s approbation, lie prepared for that perilous journey : But hh popularity at home was ib great, that the Romans, unwilling to cxpoie him to fuch dangers, oppofed his de- fign ; and he was obliged, for the prelent, to lay afide all farther thoughts of executing that pious purpofe*. THE controverfy between the Pagans and the Chriftians was net entirely cooled in that age ; and no pontiff, be fore Gregory, had ever carried to greater excels an in temperate zeal again!} the former religion. He had waged war with all the precious monuments of the ancients, i.nd even with their writings ; which as appears from the Urn in of his own wit, as well as from the ftyie of his compofi- tions, he had not tafte or genius lufficient to comprehend. Ambitious to diflinguHh his pontificate by the conversion of the Britiih Saxons, he pitched on Augufline, a Roman monk, and lent him with forty aflbciatcs to preach the golpel in this ifland. Thefe miiTionaries, terrified with the dangers which might attend their propofing a new doctrine to fo fierce a people, of whofe language they were ignorant, (topped feme time in France, and lent back Auguftine to lay the hazards and difficulties before the Pope, and crave his pcrmifrion to defift from ?he un dertaking. But Gregory exhorted them to perlevere in their purpofe, adviled them to chufe iome interpreters from among the Franks, who (till fpoke the lame language with the Saxonsf, and recommended them to the good oth ces of queen Brunehaut, who had at this time uiurped the fovereign power in France. This princefs, though ftained with every vice of treachery and cruelty, either poiTefled or preUt.ded great ze;;l for the cauie ; and Grego ry acknowledged, that to her friendly ailiftance, was in a gfcat meafure, owing the luccels of that undertaking:}:. AUGUSTINE, on his arrival in Kent, in the year 597!!, found the danger much lefs than he had apprehended. Ethelbert already well-difpofed towards the Ghriftian faith, VOL. 1. E * Bede, lib. 2. cai>. i. Spell. Cone. p. 91. f Bede, lib. t. cap. aj. Greg. Lpiit. lib. tj. e,).ft. ; -,0. f.-.-tll. Ct-ac. p. BJ. || Hidden, foiy- ciuou. Jib. 5. Chion. n.\. p. aj. 2$ HIS TORY OF ENGLAND. C H A P. afUgned him a habitation in the Ifle of Thanet ; and fooa after admitted him to a conference. Apprcheniive, how- 11 v -^ ever, left fpells or enchantments might be employed againft him by priefts, who brought an unknown wor- fliip from a diftant country, he had the precaution to re ceive them in the open air, where he believed the force of their magic would be more eafily diliipated*. Here Au- gufiine, by means of his interpreters, delivered to him the tenets of the Chriftian faith, and promised him eternal joys above, and a kingdom in heaven without end, if he would be perfuaded to receive that falutary dodtrine. " f Your words and prornifes," replied Ethelbcrt, " are " fair ; but becui .fe they are new and uncertain, I cannot " entirely yield to them, and relinquith the principles " which I and my ancefiora have io long maintained. " You are welcome, however, to remain here in peace ; " and as you have undertaken fo long a journey, lolely, " as it appears, fur what you believe to be for our ad- " vantage, 1 will fupply you with all neceffaries, and per- " mit you to deliver your doctrine to my fubjeclsj." AUGUSTINE, encouraged by this favourable reception, and iceing now a profpedt of luccefs, proceeded with re doubled zeal to preach the gofpcl to the Kentith Saxons. He attracted their attention by the autterity of his manners, by the i cvere penances to which he fubjected himfelf, by the abftinence and felf-dcnial which he praclifed : And having excited their wonder, by a courfe of life which appeared fo contrary to nature, he procured more eafily their belief of miracles, which, it was pretended, he wrought for their converfion||. Influenced by thefe mo tives, and by the declared favour of the court, numbers of the Kentiih men were baptifed ; and the King himfeif was perluadcd to fubmit to that rite of Chriflianity. His example had great influence with his fubjecls ; but he employed no force to bring them over to the new doctrine. Auguftine thought proper, in the commencement of his million, to affume the appearance of the greateft lenity : He told Ethelbert, that the fervice of Chrirt mull be en tirely voluntary, and that no violence ought ever to be u(ed in propagating fo falutary a doclrine. *^ THE intelligence received of thefe Ipiritual conquefls, afforded great joy to the Romans ; who now exulted as much in thole peaceful trophies, as their anceftors had ever * PC e, lib. i. cap. ?:;. H. Hunting, lib. 3. Brompton, p. 729. Par ker Antiq. Brit. Eccl. p. 61. f Bccie, lib. I. cap. 25. Chion. VV. Ihorn. p. 1750. i fiecle, lib. I. cap. 25. H. Hunting, lib. 3. Btompton, p. 720- Ij Bcde, lib. I. cap. 26. ** Ibid. ca;i. 26. II. Hunting, lib. 3. THE HEPTARCHY. 27 done in their moft fanguinary triumphs, and moft iplen- C II A P. did victories. Gregory wrote a letter to luhelbert, in f. which, after informing him that the end cf the world v >/- was approaching, he exhorted him to difplay his zeal in the converfion of his fubjects, to exert rigour againft the worfhip of idols, and to build up the good work of holi^- nels, by every expedient of exhortation, terror, blamlifh- ment, oV corre6\ion* : A doctrine mote fuitabie to that age, and to the ufual papal maxims, thnn the tolerating principles which AuguRine had thought it prudent to incul cate. The pontiff allb anfwered (bine queftions, which , the miffionary had put concerning the government of the new church of Kent. Befides other queries, which it is not mateiial here to relate, Auguftine alked, Whether cou/in-gzrmans might be, allowed to marry ? Gregory an- fwered, that that liberty had indeed been formerly grant ed by the Roman law ; but experience had {hewn that no iffue could ever come from fuch marriages ; and he there fore prohibited them. Auguftine afked, Whether a woman pregnant might be baptized? Gregory anfwered, that he law no objection. Howjoon after the bi.rth the child might receive baptijm ? It was anfwered, Immediately, ifnecef- lary. How foon a hu/band might have commerce with his ZL t/e after her delivery ? Not till fhe had given luck to her child ; a prattiie to which Gregory exhorts all women. How foon a man might enter the church, or receive theja- crament, after having had commerce zu^h his wife? It was replied, that, unlefs he had approached her without defire, merely for the fake of propagating his fpecic?, he was not without fin : But in ail cafes it was requifite for him, before he entered the church, or communicated, to purge himfelf by prayer and ablution ; and he ought not, even after ufing thefe precautions, to participate immedi ately of the facred duticsf. There arc fome other quef- tions and replies (till more indecent and rr.ore ridiculous. !:. Arid, on the whole, it apptars thc;t Gregory and his mil- fionaiy, if lympathy of manners have any influence, were better calculated, than men of more refined under- llandings, for making a progreis with the ignorant anc| barbarous Saxons* * Rede, lib. I. cap. 32. Bromxou, p. 73?. SjK- l. Cone. p. 86. f Bede, lib. i. ca^. 27. Sjiea. Lone. p. 07, o-l, o.,. .\c. * Auguftine aiks, Si malicr ;,i, ufirua coitfuetudine iinttur, an ecclcfiam hit rait :. !!, aut fuirae C jrnmitniin:. : i perciffre f (iregciry aniw. r . ^.,-/./,u- . m. t i-n atiis myflerluM hi eljdcm dietut percipnt nw di.bet protittri. &i ai/tuif : v r i.-fncra!!<,m iiuig^n fcrctpeff non f i.HjHHt:ntr, laUftanda ,Jl. \\w\\\\- \\c uiks, Si pojt itiufaatm, ymc ptrfimntOMfoletact a >.;. /// ,//, ;, //,/ a,-- . .-liuitt ; i-el, Ji factrdttjit , fac/a *yftcria celebrurt f Gregory a;.;, tin., it<tried ^leition by m.ir.y le 28 HISTORY OF ENGLAND. THE more to facilitate the reception of ChrifHamty, Gregory enjoined AugufHne to remove the idols from the Heathen altars, but not to deftroy the altars thernfelves ; bec.nife the people, he laid, would he allured to frequent theChriftian vvoriliip, when they found it celehratcd in a place which they were accuftomed to revere. And as the Pagans prad tiied Sacrifices, and feaftcd with the pricfts on their offerings, he alfo exhorted the miffionary to perfuade them, on Chriftian feftivals, to kill their cattle in the neigbourhopd of tlie church, and to indulge themfeKes in thole cheerful entertainments to which they had been ha bituated*. r [ hel e political compliances Ihew, that, not- withflanding his ignorance and prejudices, he was not un acquainted with the arts of governing mankind. Auguf- tine was confecrated archbimop of Canterbury, was en dowed by Gregory with authority over all the Britifh churches, and received the pall, a badge of eccle Magical honour, from Romef. Gregory alfo advifed him not to be too much elated with his gift of working miracles | ; and as Auguftine, proud of the Aiccefs of his rnifiion, feemed to think himlelf en itkd to extend his authority over the bifhops of Gaul, the Pope informed him, that they lay en tirely without the bounds of his jurifdiction ||. The marriage of Lthelbert with Bertha, and much more his embracing Chriitianiiy, begat a connection of his fub- jetls with the French, Italians, and other nations on the continent, and tended to reclaim them from that grofs ig norance and barbarity in which all the Saxon tnbes had been hitherto involved 1 **. Ethelbert alfo enaciedtf, with the confent of the ftates of his kingdom, a body of laws, the firft written laws promulgated by any of the northern con querors ; and his reign was in every relpecl glorious to himfelf, and beneficial to his people. He governed the kingdom of Kent fifty years ; and dyin i _ r in 616, left the iucceffion to his ion, Eadbald. This prince, feduced by a paffion for his mother-in-law, deferted for fome time the Chridian faith, which permitted not thefe inceftuors mar riages: His whole people immediately returned with him to idolatry. Laurentius, the fuccefibr of Auguftine, found the Chriilian worlhip wholly abandoned, and was prepared to return to France, in order to efcape the mortification of preaching the gofpel without fruit to the infidels. Melli- tus and Jufius, who had been confecrated bifhops of Lon- * Bede, lib. I. cap. ji. Spell. Cone. p. 89. Greg. Epiit. lib. o. epift. 71. ( Chrcn. Sax. p. 23, . .4. i H. Hunting, lib. 3. Spell. Cone, p. Sj. Becle, lib. i. Gieg . F.pift. lib. o. epift. 60. j| Bede, lib. i. ca;>. 27. ** \Vilh. Maiai. p. 10. ft Wilkiiis Leges Sax.p. 13. THEHEPTARCHY. 29 don and Rochefter, had already departed the kingdom* i c H A P. when Laurentius, before he ihould entirely abandon his dignity, made one effort to reclaim the king. He appeared before that prince; and throwing off his vefhnents, fhow- ed his body all torn with bruiles and firipes, which he had received. Kadbaid, wondering that any man fhould have dared to treat in that manner a perionofhis rank, was told by Laurentius, that he had received this chaftifcment from St. Peter, the prince of the apoflleb, who had appeared to him in a vifion, and feverely reproving him for his inten tion to delert his charge, had inflicted on him thefe vifible marks of his difpleafuret* Whether Eadbald was ftruck with the miracle, or influenced by fome motive, he divor ced hirnielf from his mother-in law, and returned to the profeffion of Chriftianity! : His whole people returned with him. Eadbald reached not the fame or authority of his father, and died in 640, aftera reign of twenty -five years ; leaving two fons, Erminfrid and Ercombert. ERCOMBERT, though the younger fon, by Emma, a French princeis, found means to mount the throne. He is celebrated by Bede for two exploits, for eftablifhing the faft of Lent in his kingdom, and for utterly extirpating idolatry ; which, notwithftandmg the prevalence of Chrii- tianity, had hitherto been tolerated by the two preceding monarchs. He reigned twenty four years ; and left the crown to Egbert his fon, who reigned nine years. This prince is renowned for his encouragement of learning; but infamous for putting to death histwocoufm-germans, fons of Erminfrid, his uncle. The ecdefiaftical writers praife him for his beftowing on his fifter, Domnona, fome lands in the Ifle of Thanet, where fhe founded a monaftery. THE bloody precaution of Egbert could not fix the crown on the head of his fon Fdric. Lothaire, brother of the dec^afed prince, took poffefiion of the kingdom; and, in order to fecure the power in his family, he afibciated with him Richard, his fon, in the aclminiftration of the government. Edric, the difpofleffed prince, had recourfe to Edilwach, king of SufTex,for afliftance ; and being fup- ported by that prince, fought a battle with his uncle, who was defeated and flain* Richard fled into Germany, and afterwards died in Lucca, a city of Tufcany. William of IVhlmefbury afcriiies Lothaire s bad fortune to two crimes, his concurrence in the murder of his coufins, and his contempt for relkjues||. * r.nle, lib. 2. ca^. 5. f Ibid. cap. 6. Chron. Sax. p. 26. f b, 5. J Ercmpion, p. 739. || Will. p. i j. HISTORY OF ENGLAND. LOTHAIRE reigned eleven years; Edric his fucceflbr, only two. Upon the death of the latter, which happened in 686, Widrcd, his brother, obtained pofleffion of the crown. But as the fucceffion had been of late fo much dis jointed by revolutions and ufurpations, faction began to prevail among the nobility; whicn in, ifed Cedwalla, king of Wefiex, with his brother Mollo, to attack the kingdom. Thefe invaders committed great devaluations in Kent ; but the death of Mollo, who was (lain in a fkirmifh*, gave a fhort breathing-time to that kingdom. Widred refrored the affairs of Kent ; and after a reign of thirty two yearsf, left the crown to his pofterity. Kadbert, Ethelbert, and Alric, his defendants, fucceffively mounted the throne. After the death of the laft, which happened in 794, the royal family of Kent was extinguilhed ; and every factious leader who could entertain hopes of afcendingthe throne, threw the flate into confufion. $ Egbert, who fir ft f uc- ceeded, reigned but two years; Cuthrcd, brother to the kingof Mercia,fix years; Baldred, an illegitimate branch of the royal family, eighteen : And after a troublefome r.nd precarious reign, he was, in the year 723, expelled by Egbert, king of Wefiex, xvho diffolved the Saxon Heptarchy, and united the levcral kingdoms under his dominion. THE KINGDOM OF NORTHUMBERLAND. A D E L F R I D, king of Bernicia, having married A c- * *- ca, the daughter of /Ella, king of Deiri, and expel- ied her infant brother, Edwin, had united all the counties north of Humber into one monarchy, and acquired a great afcendant in the Hcp archy. He alfo fprcad the terror of the Saxon arms to the neighbouring people; and by his victories over the Scots and Picls, as well as Welfh, extended on all fides the bounds of his dominions. Hav ing laid fiege to Chefter, the Britons marched out with all their forces to engage him; and they were attend; d by a body of 1250 monks fiom the monaftery of Bangor, who flood at a fmall diflance from the field of battle, in order to encourage the combatants by their prefence and exhor tations. Adelfrid enquiring the purpole of this unufu^l appearance, was told, that thcfe priefts had come to pray againfl him : Then are they as much cur enemies, faid he, as thofe zoho intend to jigkt againft Mill: And he imme diately font a detachment, who fell upon them, and did * H)?r!c .i, lib. 5. f Chrcn. S:. p. r,J, $ Wi:l T M;: .mcf. lib. i. can. i.p. n. \[ Eicni^tou, p. 779. THE H E P T A R C H Y. 3 ! fuch execution, that only fifty efcaped with their lives f. C H A P. The Britons, aftonilhed at this event, received a total de- I. feat: Chefter was obliged to luncncler : And Adelfrid, purfuing his victory, made himfelf mailer of Bangor, and entirely demolilhcd the ir.onaftery ; a building ib exten- live, that there was a mile s dillance from one gate of it to another; and it contained t\vo thoufand one hundred monks, who are faid to have been there maintained by their own labour!. NOTWITHSTANDING Adclfrid s fuccefs in war, he lived in inquietude on account of young Edwin, whom he had unjuftly difpoflefled of the crown of Deiri. This prince, now grown to man s eftate, wandered from place to place, in continual danger from the attempts of Adelfrid ; and received at lafl protection in the court of Redwald, king of the Eail- Angles : where his engaging and gallant de portment procured him general cfteem and affection. Red wald, however, was fhongly Iblicited by the king of Northumberland to kill or deliver up his gueft : Rich pre- lents were promifed him if he would comply ," and war denounced againtl him in cafe of his refufal. After re jecting feveral melFages of this kind, his generofity began to yield to the motives of intereft; and he retained the lafl ambafiador, till he fhould come to a refolution in a cafe of fuch importance. Edwin, informed of his friend s per- plcxitv, was yet determined at all hazards to remain in Eaft-Anglia ; and thought, that if the protection of that court failed him, it were better to die, than prolong a life fo much expoled to the persecutions of his powerful rival. This confidence in Redvvald s honour and friendihip, with his other accomplifhments, engaged the Queen on his fide; and the effectually represented to her hulband the infamy of delivering up to certain deftruciion their royal gueft, who had fled to them for protection againft his cruel and jealous enemies!). Redwald, embracing more generous refolutions, thought it fafeft to prevent Adelfrid, before that prince was aware of his intention, and to attack him while he was yet unprepared for defence. He marched fuddenly with an army into the kingdom of Northumber land, and fought a battle with Adelfrid ; in which that monarch was defeated and killed, after avenging himfelf by the death of Regner, fon of Redwald**. His own fons, Eanfiid, Ofwald,and Ofwy, yet infants, were carried into Scotland; and Edwin obtained pofleflion of the crown of Northumberland. t Trivet, apurl Spell. Ccnc. p. in. Eede, lib. 2. cap. 2. W. Malmef. Kb. i. cap. j. !| W. Malmef. lib. i. cj;>. 3. H. Haul ing, lib. j. Bcde. ** Eede, lib. 2. cap. 12. Broanpton, p. 781^ 32 HISTORY OF ENGLAND. C H A P- EDWIN was the greateft prince of the Heptarchy in that I. age, and diftinguiihed himfelf, both by his influence over v v the other kingdoms*, and by the ftrict execution of juftice in his own dominions. He reclaimed his fubjed^s from the licentious life to which they had been accuftomed ; and it was a common faying, that during his reign a woman or child might openly carry every where a purfe of gold, without any danger of violence or robbery. There is a remarkable infhnce, tranfmittcd to us, of the affection borne him by his fervants. Cuichelme, king of Weflex, was his enemy ; but finding himfelf unable to maintain open war againft fo gallant and powerful a prince, he de termined to ufe treachery againft him, and he employed one Eumer for that criminal purpoie. The aHai Iin having obtained admittance, by pretending to deliver a meflage frm Cuichelme, drew his dagger, and rufhed upon the king. Lilla, an officer of his army, feeing his matter s danger, and having no other means of defence, Jnterpoied with his own body between the king and Earner s dagger, which was pufhed with fuch violence, that, after piercing Lilla, it even wounded Edwin : But before the affafiin could renew his blow, he was difpatched by the king s at tendants. THE Eaft-Angles confpired againft Redwald, their king; and having put him to death, they offered their crown to Edwin, of whole valour and capacity they had had experience, while he refided among them. But Ed win, from a fenfe of gratitude towards his benefactor, obli ged them to fubmit to Earpwold, the fon of Redwald ; and that prince preferved his authority, though on a precarious footing, under the protection of the Northumbrian mo- narchf. EDWIN, after his acceffion to the crown, married Ethel- burga, the daughter of Ethelbert, King of Kent. This princefi, emulating the glory of her mother Bertha, who had been the Jnftrument for converting her hufband and his people to Chriftianity, carried Paullinus, a learned bifhop, along with herj; and befides ftipulating a toleration for the exercife of her own religion, which was readily granted her, (he u fed every reafon toperfuade the king to embrace it. Edwin, like a prudent prince, hefitated on the propofal ; but promifed to examine the foundations of that do6lrine ; and declared, that if he found them fatisfaclory, he was willing to be converted||. Accordingly he held feveral conferences with Paullinus ; canvaffed the argu- * Chron. Sax. p. 27. t Gul - Malmef. lib. i. cap. 3. H. Hunting, lib. }, II Bede, lib. 2. cap. y. T H H E P T A R C H Y. 33 ments propounded with the wiieft of his counfellbrs ; re- CHAP, tired frequently from company, in order to revolve alone I. that important cjueftion ; and, after a ferious and long en- *> v quirv, declared in favour of the Chriftian religion* : The people Toon after imitated his example. Befides the autho rity and influence of the king, they were moved by ano ther ftriking example. Coifi, the high prieft, being con verted after a public conference with Paullinus, led the way in deftroying the images, which he had fo long wdr- fh/pped,and was forward in making this atonement for his paft idolatry f. THIS able prince perifhed with his fon, Osfrid, in a great b.ittle which he fought againft Penda, king of Mer- cia, and Caed walla, king of the Britons^. That event, which happened in the forty-eighth year of Edwin s age and feventeenth of his reign||, divided the monarchy of Northumberland, which that prince had united in his per- fon. Eanfrid, the fon of Adelfrid, returned with his bro thers, Ofwald and Ofwy, from Scotland, and took pofiefii- on ot Bernicia, his paternal kingdom; Ofric, Edwin s coufm-german, eftablifhed himfelf in Deiri, the inheri tance of his family ; but to which the fons of Edwin had a preferable title. Eanfrid, the elder furviving fon, fled to Penda, by whom he was treacheroufly flain. The rounger fon, Vufcfrsea, with Yffi, the grdndfon of Ed win, by Osfrid, fought protection in Kent, and not finding themfelves in fafety there, retired into France to king Da- gobert, where they died**. OSRIC, King of Deiri, and Eanfrid of Bernicia, returned to paganifm ; and the whole people feem to have returned with them ; fince Paullinus, who was the firft archbifliop of York, and who had converted them, thought proper to retire with Ethelburga, the Queen Dowager, into Kent. Both thefe Northumbrian kings perifhed foon after, the firft in battle againft Caedwalla, the Briton; the fecond, by the treachery of that prince. Ofwald, thebrother of Eanfrid, of theraceof Bernicia, united again thekingdomof North umberland in the year 634, and reftored the Chriflian re ligion in his dominions. He gained a bloody and well difputed battle againft Caedwalla ; the lafl vigorous effort which the Britons made againft the Saxons. Ofwald is much celebrated for his fanftity and charity by the Mon- kifh hiftorians; and they pretend, that his reliques wrought VOL. I. F Bede, lib. 2. cap. 9. Malmef. lib. i, cap. 3. f Bede, lib. v. cap. 13. Brompion, Higden. lib. 5. J Matth. \Vefl. p. n^. Chron. Sax. p. 29. J| W. Ma mff. lib. 1. cap. 3, ** Eede, lib. a. cap. so. 34 HISTORY OF ENGLAND. CHAP, miracles, particularly the curing of a fick horfe, which had I. approached the place of his interment*. v v He died in battle againft Penda, king of Mercia, and was fucceededby his brother Ofwy ; who eftablifhed him- felf in the government of the whole Northumbrian king dom, by putting to death Ofwin, the fon of Ofric, the lad king of the race of Dciri. His fon Egfrid fucceeded him; who periihed in battle againft the Pi6ls, without leaving any children, becaufe Adelthrid, his wife, refufed to vio late her vow of chaftity. Alfred, his natural brother, ac quired pciTeflion of the kingdom, which he governed for nineteen years ; and he left it to Ofred, his fon, a boy of eight years of age. "I his prince, after a reign of eleven years, was murdered by Kendred his kinfman, who, after enjoying the crown only a year, perifhed by a like fate. Ofric, and af er him Celwulph the fon of Kendred, next mounted the throne, which the latter relinquimed in the year 738, in favour of Eadbert his coufm-german, who, imitating his predeceffor, abdicated the crown, and retired into a rnonaftery. Oiwolf, fon of Eadbert, was (lain in a fedition, a ye^r after his acceflion to the crown; and Mollo, who was not of the royal family, feized the crown. He perifhed by the treachery of Ailred, a prince of the blood; and Ailred, having fucceeded in his defign upon the throne, was foon after expelled by his fubjecls. Ethel- red, his fucceflbr, the fon of Mollo, underwent a like fate, Celwold, the next king, the brother of Ailred, wasde- pofed and ilain by the people, and his place was filled by Oired, his nephew, who, after a fhort reign of a year, made way for Ethelbert, another fon of Mollo, whole death was equally tragical with that of almoft all his prede- ceflbrs. After Ethelbert s death an univerfal anarchy pre vailed in Northumberland ; and the people having, by fo many fatal revolutions, loft all attachment to their govern ment and princes, were well prepared for fubjeclion to a foreign yoke ; which Egbert, king of Weffex, finally im- poicd upon them. THE KINGDOM OF EAST-ANGLIA. TH E hiftory of this kingdom contains nothing memo rable, except the converfion of Earpwold, the fourth king, and great-grand fon of Uffa, the founder of the mon archy. The authority of Edwin, king of Northumberland, on whom that prince entirely depended, engaged him to > * Bede, lib. 3. cap. g. T H E H E P T A R C H Y. 35 take this ftep : But foon after, his wife, who was an idola- CHAP, trefs, brought him back to her religion; and he was found I. unabl-j to refill thole allurements which had feduced the v wifelt of mankind. After his death, which was violent, like that of mod of the Saxon princes that did not early retire into monafteries, Sigebert, his fuc eilbr, and half- brother, who had been educated in France, reflored Chrif- tianity, and introduced learning among the Eaft-Angles. Some pretend that he founded the univerfity of Cambridge, or rather fome ichools in that place. It is almoft impoffible, and quite needlefs, to be more particular in relating the trunlaction of the Eaft-Angles. What inftruciion or cn- tainment can it give the reader, to hear a long bead-roll of barbarous names, Egric, Annas, Etheibeit, Ethelwald, Aldulf, Elfwold, Beorne, Ethelred, Ethe .bert, who fuc- ceffively murdered, expelled, or inherited from each other, and obicurely filled the throne of that kingdom ? Ethel- bert, the laft of thefe princes, was treacheroufly murdered by OiFa, king of Mercia, in the year 792, and his ftate was thenceforth united with that of Ofta, as we {hall re late presently. THE KINGDOM OF M E R C I A. MERCIA, the largeft, if not the moft powerful king dom of the Heptarchy, comprehended all the mid dle counties of England ; and as its frontiers extended to thofe of all the other fix kingdoms, as well as to Wales, it received its name from that circumftance. Wibba, the fon of Crida, founder of the monarchy, being placed on the throne by Ethelbert, king of Kent, governed his pater nal dominions by a precarious authority ; and after his death, Ceorl, his kinfman, was, by the influence of the Kentiih monarch, preferred to his fon Perida, whofe turbu lent character appeared dangerous to that prince. Penda was thus fifty years of age before he mounted the throne ; and his temerity and reit eis difpofition were found nowife abated by time, experience, or reflection. He engaged in continual hoftilities againit all the neighbouring ftates; and, hy his injuftice and violence, rendered himfelf equal ly odious to his own fubjech and to Grangers. Sigebert, Egric, and Annas, tliree kings of Eaft-Anglia, perifhed fticceflively in battle againft him ; as did alfo Edwin ano Of- \vald, the two gre.iteft princes that hid reigned over Nor* thumberland. At iaft,Olwy, brother toOlwald, having de feated and flain him in adt-cifwe battle, freed the world from, this languinary tyrant. Pe.^da, his fon mounted 36 HISTORY OF ENGLAND. C H A P- of Mercia in 655, and lived under the protection ofOfwy, I. whofe daughter he had efpoufed. This princefs was edu- ^ v cated in the Chriftian faith, and (lie employed her influence with fuccefs, in converting her hufband and his fubjecls to that religion. Thus the fair lex have had the merit of introducing the Chriftian doctrine into all the mod confi- derahle kingdons of the Saxon Heptarchy. Peada died a violent death*. His fon, Wolfhere, lucceeded to the government ; and after having reduced to dependence the kingdoms of EvTex and Eaft-Anglia, he left the crown to his bt other Ethelred, who, though a lover of peace, (howed himfelf not unfit for military enterprises. Befides making a fuccefsful expedition into Kent, herepulfed Egfrid, king of Northumberland, who had invaded his dominions; and he flew in battle Elfwin, the brother of that prince. De- firous, however, of compofing all animofilies with Egfrid, he paid him a lum of money as a compenfation for the lofs of his brother. After a p ofperous reign of thirty years, he refigned the crown to Kendred, fon of Wolfhere, and retired into the monaftery of Bardneyf . Kendred returned the preient of the crown to Ceolred, the Ion of Ethelred ; and making a pilgrimage to Rome, paffed his life there in penance and devotion. The place of Ceolred was fup- plied by Ethelbald, great-grand-nephew to Penda, by Alwy, his brother; and this prince, being flain in a muti ny, was fucceeded by Offa, who was a degree more re mote from Penda, by Eawa, another brother. THIS prince, who mounted the throne in 755$, had ibme great qualities, and was fuccefsful in his warlike en- terprifes againft Lothaire, king of Kent, and Kenwulph, king of WeflTex. He defeated the former in a bloody bat tle at Otford upon the Darent, and reduced his kingdom to a Mate of dependence : he gained a victory over the lat ter at Benfington in Oxfordihire ; and conquering that county, together with that of Gloucefter, annexed both to his dominions. But all thefe fuccefles were (rained by his treacherous murder of Ethelbert, king of the Eaft-Angles, and his violent feizing of that kingdom. This young prince, who isf.iid to have potTefled great merit, had paid his addrelles to Elfrida, the daughter of OrFa, and was in vited with all his retinue to Hereford, in order to folem- nize the nuptials. Amidil the joy and feftivity of thefe en^ * Hugo Candidus, p. 4. fays, that he was treacheroufly murdered by his queen, by whofe perfuaiion he had embraced Chritliamty ; but this account of the matter is found in that hiftorian alone. f Bede, lib. 5. | Ihion. Sax. p. 59. T H E H E P T A R C H Y. 37 tertainments, he was feized by Offa, and fecretly behead- CHAP, ed ; And though Elfrida, who abhorred her father s treach- I. ry, had time to give warning to the Eaft- Anglian nobility, < * who elcaped into their own country, Orra, having extin- guifhed the royal family, fucceeded in his defign of fub- duing that kingdom*. The perfidious prince, defirous of re-eftablifhing his character in the world, and perhaps of appealing the remories of his own confcience, paid great court to the clergy, and praclifed all the monkiih devotion ib much eftecmed in that ignorant and luperfttious age. He gave the tenth of his goods to the churchf ; beftowed rich donations on the cathedral of Hereford ; and even mnde a pilgrimage to Rome, where his great power and riches could not fail of procuring him the papal abfolution. The better to ingratiate himfelf with the fovereign pontiff, lie engaged to pay him a yearly donation for the lupport of an Englim college at Romef, and in order to raife the fum, he impoied the tax of a penny on each houfe poffefled of thirty pence a year. This impofition, being afterwards levied on all England, was commonly denominated Pe ter s pence I! ; and though conferred at firft as a gift, was afterwards claimed as a tribute by the Roman pontiff. Car rying his hypocrify ftill farther, Offa, feigning to be di rected by a vifion from heaven, difcovered at Verulam the reliques of St. Alban, the martyr, and endowed a magnifi cent monaftery in that place**. Moved by all thefe als of piety, Malmefbury, one of the beft of the old Englim hiftorians, declares himfelf at a lofs todetermineft whether the merits or crimes of this prince preponderated. Offa died, after a reign of thirty-nine years, in 794JJ. THIS prince was become fo considerable in the Heptar chy, that the emperor Charlemagne entered into an alli ance and friendfhip with him ; a circumftance which did honour to Offa; as diftant princes at that time had ufually little communication with each other. That emperor being a great lover of learning and learned men, in an age very barren of that ornament, Offa, at his defire, fent him over Alcuin, a clergyman much celebrated for his knowledge, who received great honours from Charlemagne, and even became his preceptor in the fciences. The chief reafon why he had at firft defired the company of Alcuin, was, that he might oppofe his learning to the herefy of Felix, biihop of Urgil in Catalonia ; who maintained, that Jcfus Chrift, confidered in his human nature, could, more pro- * Brompton, p. 750, 751, 752. t Spell. Cone. p. 303. Brompton, p. 776. $ Spell. Cone. p. 230. 310. 312. I] Higden, lib. 5. * Ingulph. p. 5. \V. Malmef. lib, i. p. 4. , ft Lib. I. cap. 4. *J Chion. iax. p. 65. HISTORY OF ENGLAND. CHAP, perly, be denominated the adoptive, than the natural fon I. of God*. This herefy was condemned in the council of v v Francfort, held in 794, and confiding of 300 bifhops. Such were the queftions which were agitated in that age, and which employed the attention not only of cloiftered fcho- lars, but of the wifeft and greateft princesf. EGFRITH fucceeded to his father, Off a, but furvived him only five months! ; when he made way for Kenulph, a defcendant of the royal family. This prince waged war agaiuft Kent ; and taking Egbert, the king, prifoner, he cut ofF his hands, and put out his eyes ; leaving Cuth- red, his own brother, in polTeflion of the crown of that kingdom. Kenulph was killed in an infurrec~\ion of the Eaft-Anglians, whole crown h ; s predeceffor, OfFa, had ufurped. He left his fon, Kenelm, a minor ; who was murdered the fame year by his fifter, Quendrade, who had entertained the ambitious views of aifuming the go- vernment||. But fhe was fupplanted by her uncle, Ceolulf ; who, two years after, was dethroned by Beornulf. The reign of this ufurper, who was not of the royal family, was mort and unfortunate : He was defeated by the Weft- Saxons, and killed by his own fubjecls, the Eafi-Angles**. Ludican, his i ucceltbr, underwent the fame fateff ; and WiglafF, who mounted this unftable throne, and found every thing in the utmoft confufion, could not withftand the fortune of Egbert, who united all the Saxon kingdoms into one great monarchy. THE KINGDOM OF ESSEX. HIS kingdom made no great figure in the Heptar- -*- chy ; and the hiftory of it is very imperfect. Sleda fucceeded to his father, Erkinwin, the founder of the mo narchy ; and made way for his fon, Sebert, who, being nephew to Ethelbert, king of Kent, was perfuaded by that prince to embrace the Chriftian faith||. His fons and conjunct fucceffors, Sexted and Seward, relapfed into idolatry, and were foon after (lain in a battle againft the * Dupin, cent. 8. chap. 4. f OfVa, in order to proteft his country from Wales, drew a rarnpart or ditch f a hundred miles in length from Bafinwerke in Flintfliire to the South fea near Briflol. See Speed s Defcriftion af Wales, Ingulph. p. 6. !l Ingulph. p. 7. Brompton, p. 776. * * Ingulph. p. 7. ft Alur - Beverl. p. 87. ^i Cliron. Sax. p. 24. T H E H E P T A R C H Y, 39 Weft-Saxons. To (hew the rude manner of living in that CHAP, age, Bede tells us*, that tliefe two kings exprefled great I. define to eat the white bread, diftributed by Mellitus, the * v bi ihop, at the communion f . But on his refufing them, unlefs they would fubrrtit to be baptized, they expelled him their dominions. The names of the other princes, who reigned fuccefiively in Eftex, are Segibert the little, Se^ibert the good, who reftored chriftianity, Swithelm, Sigheri, OfFa. This laft prince, having made a vow of chaftity, notwithftanding his marriage with Kei.efwitha, a Mercian princefs, daughter toPenda, went in pilgrim age to Rome, and fhut himfelf up during the reft of his life in a cloifter. Selred, his fucceffor, reigned thirty- eight years; and W,TS the laft of the royal line: The failure of which threw the kingdom into great confufion, and reduced it t_o dependence under Mercia$. Switherd firft acquired the crown, by the concefllon of the Merci an princes ; and his death made way for Sigeric, who ended his life in a pilgrimage to Rome. His fucceffor, Sigered, unable to defend his kingdom, fubmitted to the victorious arms of Egbert. THE KINGDOM OF SUSSEX. HP H E hiftory of this kingdom, the fmalleft in the Heptarchy, isftiU more imperfect than that of Effex. , the founder of the monarchy, left the crown to his fon, Cilia, who is chiefly remarkable for his long reign of feventy-fix years. During his time, the South-Saxons fell almoft into a total dependence on the kingdom of WefTex ; and we fcarcely know the names of the princes who were poflerTed of this titular fovereignty. Adel- walch, the laft of them, was fubdued in battle by Cead- walla, king of We flex, and was (lain in the action; leaving two infant fons, who, falling into the hand of the conqueror, were murdered by him. The abbot of Red- ford oppofed the order for this execution ; but could only prevail on Ceadwalla to fufpend it, till they fhould be baptized. Berdlhun and Audhun, two noblemen of cha racter, refilled fome time the violence of the Weft- Sax ons ; but their oppofition fcrvcd only to prolong the mi- * Lib. 2. cap. 5. f H- Hunting, lib. 3. Erompton, p. 738. 743. Bede. * Malmef. lib. i. cap. 6, 40 HISTORY OF ENGLAND. CHAP, feries of their country ; and the fubduing of this kingdom 1. was the firft ftep which the Weft Saxons made towards v * acquiring the fole monarchy of England*. THE KINGDOM OF W E S S E X. ^ H E kingdom of Weflex, which finally fwallowed -* up all the other Saxon Rates, met with great refiftance on its firft eftablifhment : And the Britons, who were now enured to arms, yielded not tamely their pofieflions ta thole invaders. Cerdic, the founder of the monarchy, and his fon, Kenric, fought many fuccefsful, and iome unluccefsful battles againft the natives ; and the martial fpirit, common to all the Saxons, was, by means of thefc hoftilities, carried to the greateft height among this tribe. Ceaulin, who was the fon and fucceffor of Kenric, and who began his reign in 560, was ftill more ambitious and enterprifing than his predeceflors ; and, by waging con tinual war againft the Britons, he added a great part of the counties of Devon and Somerfet to his other dominions. Carried along by the tide of fuccefs, he invaded the other Saxon ftates in his neighbourhood, and becoming terrible to all, he provoked a general confederacy againft him. This alliance proved fuccefsful under the conduct of Ethelbert, king of Kent ; and Ceaulin, who had loft the affections of his own fubjetls by his violent diipofition, find had now fallen into contempt from his misfortunes* was expelled the thronef, and died in exile and mifery. Cuichelme and Cuthwin, his fons, governed jointly the kingdom, till the expulfion of the latter in 591, and the death of the former in 59^, made way for Cealric, to whom fucceeded Ceobald in 593, by whofe death, which happened in 61 1, Kynegils inherited the crown. This prince embraced chriftianityl, through the perfuafion of Ofwald, king of Northumberland, who had married his daughter, and who had attained a great afcendant in the Heptarchy. Kenwalch next fucceeded to the monarchy, and dying in 672, left the fu ccfiion fo much difputed, that Sexburga, his widow, a woman of fpiiit||, kept pof- feffion of the government till her death, which happened two years after. Efcwin then peaceably acquired the * Brompton, p. 800. f Chron. Sax. p. 22. * Higdcn. lib. 5. Chron. Sax. p. 15. Alur. Bevetl. p. 9*4, || Bede, lib. 4. cap. 12. Chron. Sax. p. 41. THE HEPTARCHY. 41 crown ; and, after a fhort reign of two years, made way CHAP, for Kentwin, who governed nine years. Ceodwalla, his j. fuccefior, mounted not the throne without oppofition ; but v . v proved a great prince, according to the ideas of thofe times ; that is he was enterprifing, warlike, and fuccefsful. He entirely fubdued the kingdom of Suflex, and annexed it to his own dominions. He made inroads into Kent ; but met with refiftance from VVidred, the king, who proved fuccelsful againft Mollo, brother to Ceodwalla, and flew him in a fkirmifh. Ceodwalla at laft, tired with wars and bloodfhed, was feized with a fit of devotion ; bellowed leveral endowments on the chuich; and made a pilgrim age to Rome, where he received baptifm, and died in 680. Ina, his fucceffor, inherited the military virtues of Ceod walla, and added to them the more valuable ones of juftice, policy and prudence. He made war upon the Britons in Somerfet ; and having finally fubdued that province, he treated the vanquifhed with a humanity hitherto unknown^ to the Saxon conquerors. He allowed the proprietors to retain pofTeffion of their lands, encouraged marriages and alliances between them and his ancient fubjetts, and gave them the privilege of being governed by the fame laws. Thefe laws he augmented and afcertained ; and though he was diflurbed by fome infurreftions at home, his long reign of thirty-feven years may be regarded as one of the moft glorious and moft profperous of the Heptarchy. In the decline of his age he made a pilgrimage to Rome ; and after his return, fhut himfelf up in a cloifter, where he died. THOUGH the kings of Weffex had always been princes of the blood, defcended from Cerdic, the founder of the monarchy, the order of fucceflfion had been far from ex act ; and a more remote prince had often found means to mount the throne, in preference to one defcended from a nearer branch of the royal family. Ina, therefore, having no children of his own, and lying much under the influ ence of Ethelburga, his queen, left by will the fucceffion. to Adelard, her brother, who was his remote kinfman : But this deftination did not take place without fome diffi culty. Ofwald, a prince more nearly allied to the crown, took arms againft Adelard ; but he being fupprcfled, and dying foon after, the title of Adelard was not any. farther difputed ; and in the year 741, he was fucceeded by his coufm, Cudied. The reign of this prince was diltinguifli- ed by a great victory which he obtained, by means of Edelhun, his general, over Ethelbald, king of Mercia. His death made way for Sigebert, his kinfman, who go- I. G 42 H I S T O R Y O F E N G L A N D. C H A P verne( J f i > tnat h* s P eo pl e r ofe in an infurreftion, and 1, dethroned him, crowning Cenulph in his ftead. The ex- -- - v -> iled prince found a refuge with duke Cumbran, governor of Hampfhire ; who, that he might add new obligations to Sigebert, gave him many filutary counfels for his fu ture conduct, accompanied with fome reprehenfions for the part. But thefe were fo much refented by the un grateful prince, that he confpired againfl the life of his protector, and treacheroufly murdered him. After this infamous action, he was for fa ken by ill the world ; and (kulking about in the wilds and forefts, was at laft difco- vered by a fervant of Cumbran s, who inftantly took re venge upon him for the murder of his mafter*. CF.NULPH, who had obtained the crown on the expul- fion of 8ig"bert, was fortunate in many expeditions againft the Britons of Cornwal ; but afterwards loft feme repu tation by his ill fuccefs againft Ofta, king of Merciaf. Kynehard alib, brother to the depofed Sigebert, gave him difturbance ; and though expelled the kingdom, he ho vered on the frontiers, and watched an opportunity for attacking his rival. The king had an intrigue with a young woman, who lived at Meiton in Surrey, whither having fecretly retired, he was on a fudden invironed, in the night-time, by Kynehard and his followers, and after making a vigorous refinance, was murdered, with all his attendants. The nobility and people of the neighbour hood, rifing next day in arms, took revenge on Kynehard for the ilaughter of their king, and put every one to the (word who had been engaged in that criminal enterprife. This event happened in 784. BRITHRIC next obtained poffeffion of the government, though remotely defcended from the royal family ; but he enjoyed not that dignity without inquietude. Eoppa, ne phew to king Ina, by his brother Ingild, who died before that prince, had begot Eta, father to Alchmond, from whom fprung Egbert!, a young man of the moft. promif- ing hopes, who gave great jealouiy to Brithric, the reign ing prince, both becaufe he feemed by his birth better entitled to the crown, and becaufe he had acquired, to an eminent degree, the affections of the people. Egbert, fenfible of his danger from the fufpicions of Brithric, fe cretly withdrew into France|| ; where he was well received by Charlemagne. By living in the court, and ferving in the armies of that prince, the moft able and moft generous * Higden, lib. 5. W. Malmef. lib. i. cap. 2. f W. Mal- tnef. lib. i. cap. 2. % Chron. Sax. p. 16. jj H, Hunung, lib. 4. T H E H E P T A R C II Y. 43 that had appeared in Europe during feveral ages, he ao CHAP, quired thofe accomplifhments, which afterwards enabled I. him to make fuch a ihining figure on the throne. And ta- ^ / miliarizing himfelf to the manners of the French, who, as Malrnefbury obferves**, were eminent both for valour and civility above all the weftern nations, he learned to polilh the rudenefs and barbarity of the Saxon character: His early misfortunes thus proved of fingular advantage to him. IT was not long; ere Egbert had opportunities of dif- playing his natural a;.d acquired talents. Brithrir, king of Welfex, had married Eadburga, natural daughter of Orfa, king of Mercia, a profligate woman, equally infa mous for cruelty and for incontinence. Having great in fluence over her hufband, (lie often inftigated him to deflroy fuch of the nobility as were obnoxious to her ; and where this expedient failed, fhe fcrupled not being herfelf active in traitorous attempts agaiuO them. Sc had mixed a cup of poiion fora young nobleman, who had acquired her huf- band s friendfhip, and had on that account become the ob ject of her jealoufy : But, unfortunately, the king drank of the fatal cup along with his favourite, and foon after expir ed*. This tragical incident, joined to her other crimes, rendered Eadburga fo odious, that flie was obliged to fly into France; whence Egbert was at the fame time recalled by the nobility, in order to afcend the throne of his ancefr torsf. He attained that dignity in the laft year of the eighth century. IN the kingdoms of the Heptarchy, an exact rule of fuc- ceffion wes either unknown or not ftricliy obferved ; and thence the reigning prince was continually agitated with jealoufy againft all the princes of the blood, whom he fiill confijcred as rivals, and whole death alone could give him entire fecurity in his poftefon of the throne. From this fr.t.ilcaufe, together with the admiration of the monafh c life, and the opinion of merit attending the prefervation pf cha tity even in a married ftafe, the roy<:l families had been entirely extinguifhed in all the kingdoms except that of Wcffex ; and the emulations, fufpicions, and confpira- cies, which had formerly been confined to the princes of the blood,alone, were now dirTufed among all the nobility in the feveral Saxon dates. Egbert was the fole defendant of thole firft conquerors who fubducd Britain, and who enhanced their authority by claiming a pedigree from NA oden, the fuprem? divinity of their anceftors. But that ** Ub. 2. cap. ii. * Hi^ len, lib. 5. M. Weft. p. i AtTer. in vita Alftedi, p. 3. ex edit. CJlUueui. j t... t-dx. .-i. D. boo. Bionapio.i, p. . 4f HISTORY OF ENGLAND. C H A P. prince, though invited by this favourable circumftance to I. make attempts on the neighbouring Saxons, gave them for * v J fome time no difturbance, and raiher choie to turn his anmagainfr. the Britons in Cornwal, whom he defeated in ieveral battles*. He was recalled from the conqueft of that country by an invafion made upon his dominions by Bernulf, king of Mercia. THE Mercians, before the acceffion of Egbert, had very nearly attained the ablolute fovereigrity in the Heptarchy: They had reduced the Eaft-Angles under lubjection, arid efbtbliihed tributary princes in the kingdoms of Kent and Eucx. Northumberland was involved in anarchy ; and no (late of any confequ^nce remained but that of Wef- iex, which, much inferior in extent to Mercia, was fup- ported folely by the great qualities of its fovereign. Eg bert led his army againft the invaders; and encountering them at Ellandum in Wihfhire, obtained a complete vic tory, and by the great {laughter which he made of them in their flight, gave a mortal blow to the power of the Mer cians. Whilft he himfelf, in proiecution of his viclory, entered their country on the fide of Oxfordfhire, and threa tened the heart of their dominions ; he lent an army into Kent, commanded by Ethelwolph, hiseldeft font ; and ex pelling Baldred, the tributary king, foon made himfelf mailer of that country. The kingdom of Eflex was con quered with equal facility ; and the Eaft-Angles, from their hatred to the Mercian government, which had been eftabliflied over them by treachery, and violence, and probably exercifed with tyranny, immediately role in arms, and craved the protection of Egbert^, Bernulf, the Mer cian king, who marched againft them, was defeated and ilain ; and two years after, Ludican, his fucceflor, me$ with the lame fate. Thefe infurrecYions and calamities facilitated the enterprifcs of Egbert, who advanced into the centre of the Mercian territories, and made eafy con- quefts over a diipirited and divided people. In order to engage them more eafily to fubmiflion, he allowed Wiglef, their countrymen, to retain the title of king, whilit he. himfelf exercifed the real powers of fovereigntyll. The anarchy which prevailed in Northumberland, tempted him, tocarry flill farther his victorious arms ; arid the inhabi tants, unable to refift hii power, and defirousof poffefling fome ellablJmed form of government, were forward, on his firft appearance, to fend deputies, who fubmitted to his authority, and fwofe allegiance to him as their fovereign. * Chron. Sax. p. 6g. \ Ethclwerd, lib. 3, cap. 2. * Ibid. lib. 3. cap. 3. |] Ingulph. p. 7, S. 10. THE HEPTARCHY. Egbert, however, ftill allowed to Northumberland, as he had done to Mercia and Eaft-Anglia, the power of electing a king, who paid him tribute, and was dependent on him. THUS were united all the kingdoms of the Heptarchy in one great ftate, near four hundred years after the firft arrival of the Saxons in Britain; and the fortunate arms and prudent policy of Egbert at laft affected, what had been fo often attempted in vain by fo many princes*. Kent, Northumberland, and Mercia, which had fucceffive- ly afpired to general dominion, were now incorporated in his empire ; and the other fubordinatc kingdoms feemed willingly to fhare the fame fate. His territories were near ly of the fame extent with what is now properly called England ; and a favourable profpecl was afforded to the Anglo-Saxons, of eftabliming a civilized monarchy, pol- feffed of tranquillity within itfelf, and fecure againft fo reign invafion. This great event happened in the year 45 THE Saxons, though they had been fo long fettled in the iiland, feem not as yet to have been much improved beyond their German anceftors, either in arts, civility, knowledge, humanity, juftice, or obedience to the laws. Even Chrifiianity, though it opened the way, to connecti ons between them and the more polifhed ftates of Europe, had not hitherto been very effectual in banifhing their ig norance, or foftening their barbarous manners. As they received that dotlrine through the corrupted channels of Rome, it carried along with it a great mixture of credulity and fuperftition, equally deftructive to the underftanding and to morals. The reverence towards faints and reliques leems to have almoft fupplanted the adoration of the Su preme Being. Monaftic obfervances were cfteemed more meritorious than the active virtues : The knowledge of natural caufes was neglected from the univerlal belief of miraculous interpofitions and judgments : Bounty to the church atoned for every violence againft iociety : And the remorfes for cruelty, murder, treachery, airaflination, and the more robufi vices, were appeafed, not by amendment of life, but by penances, fervility to the monks, and an abject and illiberal devotion^. The reverence for the Chron. Sax. p. 71. t Ibid. * 1 hefe abufes were common to all the European churches; but the priefts in Italy, Spain, and Gaul, made fome atonement for them bv other advantages which they rendered 1 ociety. For Icveral ages they were almoft all Kom.ini. or, in other words, the ancient natives ; and they pn.terved ine Roman lan guage and laws, wit d fome remains of tht I"- inner ci- il-.ty. But the pretis in the Heptaichy, a r ter the firii inilhonavies, were wholly Saxons, and aimoft as rjnniant and baibarous as the laity. They contiibuted, therefore, little to the iin;)iovetncn; of the fociety in knowledge or the arts. 45 HISTORY OF ENGLAND. CHAP, clergy had been carried to fuch a height, that, wherever a I. perlon appeared in a facerdotal habit, though on the high- < v way, the people flocked around him; and mowing him all marks of profound reipeft, received every word he uttered as the moft facred oracle*. Even the military vir tues, fo inherent in all Saxon tribes, began to be neglect ed ; and the nobility, preferring the fecurity and iloth cf the cloifier to the tumults and glory of war, valued them- lelves chiefly on endowing monafteries, of which they allumed the government*}*. The feverai kings too, being extremely impoveiimed by continual benefactions to the church, to which the Oates ot their kingdoms had weakly aflented, could beftow no rewards on valour or military iervices, and retained not even luiHcient influence to fup- port their government:}:. ANOTHER inconvenience which attended this corrupt fpecies of Chriftianity, was the fuperftitious attachment to Rome, and the gradual fubjedlion of the kingdom to a foreign jurifdicHon. The Britons, having never acknow ledged any fubordination to the Roman pontiff, had con ducted all ecclefiaftical government by their domeftic fy~ nods and councils !|: But the Saxons, receiving their reli gion from Roman monks, were taught at the fame vime a profound reverence for that fee, and were naturally led to regard it as the capital of their religion. Pilgrimages to Rome were reprefented as the moft meritorious a6ts of de votion. Not only noblemen and ladies of rank undertook this tedious journey**; but kings themfelves, abdicating their crowns, fought for a f ecu re palTport to heaven at the feet of the Roman pontitf. New reliqucs, perpetually fent from that endlels mint of fuperll.ition, and magnified by lying miracles invented in convents, operated on the afto- iiifhcd minds of the multitude. And every prince has at tained the eulogies of the monks, the only hiftorians of thofeages, not in proportion to his civil and military vir tues, but to his devoted attachment towards their order, and his fupetftitioiis reverence for Rome. THE fovereign pontiff, encouraged by this blindnefs and fubmifnve difpofition of the people, advanced every day in his encroachments on the independence- of the En- glifh churches. Wilfrid, bifhop of Lindisferne, the fole prelate of the Northumbrian kingdom, increafed this fub- jection in the eighth century, by his making an appeal to Rome againfl the dccifions of an Engiifh lynod, which * Bede. lib. 3. cap. 26. t Ibid. lib. 5. cap. 23. Epiftola Bed*, ad Egbert. t Be ^ E P !ft - ad - Egbert. || Append, to Bede, numb. ic. ex edit. 17^2. Sp eira. Cone. p. io3, 109. ** Bede, lib. 5. cap. 7. T H E H E P T A R C H Y. 47 had abridged his diocefe by the erection of fome new biflr C H A P. oprics*. Agatho, the pope, readily envbraced this pre- I. cede;. t of an appeal to his court: and Wilfrid, though the haughtieft and moft luxurious prelate of his ao;et, having obtained with the people the character of fnnctity, was thus able to lay the foundation of this papal pretenfion. THE great topic by which Wilfrid confounded the ima ginations of men was, that St. Peter, to whole cuftody the keys of heaven were entrufted, would certainly refufe ad mittance to every one who inouid be wanting in refpeft to his fucceffor. This conceit, well fuited to vulgar concep tions, made great impreliion on the people during feveral ages; and has not even at prefent loft all influence in the catholic countries. HAD this abjecl fuperftition produced general peace and tranquillity, it had made Ibme atonement for the ills atten ding it ; but befides the ufual avidity of men for power and riches, frivolous controverfies in theologv were engen dered by it, which were fo much the more fatal, as they admitted not, like the others, of any final determination from eftablifhed poileffion. The difputes excited in Bri tain, were of the moll ridiculous kind, and entirely wor thy of thofe ignorant and barbarous ages. There were fome intricacies, obferved by all the Chrifiian churches, in adjufting the day of keeping Eafter ; which depended on a complicated confideration of the courfe of the fun and moon: And it happened that the rr.iHionaries, who had converted the Scots and Britons, had followed a different calendar from that which was obferved at Rome in the age when Augultine converted the Saxons. The priefts alfo of all the Uhriftian churches were accuftomed to fhave part of their head ; but the form given to this tonfure was different in the former from what was prav tiled in the lat ter. The Scots and Britons pleaded the antiquity of their ufageb : The Romans, and their difciples, the Saxons, in- filled on the univerfality of theirs. That Eafter muft ne- ceffarily be kept by a rule, which comprehended both the day of the year and age of the moon, was agreed by all ; that the tonfure of a pried could not be omitted without the utmoft impiety, was a point undisputed : But the Ro mans and Saxons called their antagonifts fchifmatics ; be- caufe they celebrated Eafter on the very day of the full moon in March, if that day fell on a Sunday, inftead of waiting till the Sunday following; and becaufe they fhaved the fore-part of their head from ear to ear, inftead of mak- * See Appendix to Bede, numb. 19. Higden, lib, 5, f Jiddiui vita Vilfr. 84. 60. 43 HISTORY OF ENGLAND. CHAP, ing that tonfure on the crown of the head, and in a circu- I. lar form. In order to render their antagonifts odious, they v v affirmed, that once in feven years they concurred with the Jews in the time of celebrating that feftival* : And that they might recommend their own form of tonfure, they maintained, that it imitated fymbolically the crown of thorns worn by Chrift in his pafTion ; whereas the other form was invented by Simon Magus, without any regard to that reprefentationf. Thefe controverfies had, from the beginning, excited fuch animofity between the Britifh and Romifh priefls, that, inftead of concurring in their en deavours to convert the idolatrous Saxons, they refufed all communion together, and each regarded his opponent as no better than a PaganJ. Thedifpute lafled more than a century; and was at laft finimed, not by men s difcovering the folly of it, which would have been too great an effort for human reafon to accomplifh, but by the entire preva lence of the Romiih ritual over the Scotch and Britifhl). Wilfrid, bifhop of Lindisferne, acquired great merit, both with the court of Rome and with all the fouthern Saxons, by expelling the quartodeciman fchifm, as it was called, from the Northumbrian kingdom, into which the neigh bourhood of the Scots had formerly introduced it**. THEODORE, archbifhop of Canterbury, called, in the year 680, afynod at Hatfield, confiding of all the bifhops in Britainff ; where was accepted and ratified the decree of the Lateran council, fummoned by Martin, againft the herefy of the Monothelites. The council and fynod main tained, in oppofition to thefe heretics, that, though the di vine and human nature in Chrift made but one perfon, yet had they different inclinations, wills, a6ls, and fentiments, and that the unity of the perfon implied not any unity in the confcioufnefs^i. This opinion it feems fomewhat diffi cult to comprehend ; and no one, unacquainted with the ecclefiaftical hiftory of thofe ages, could imagine the height of zeal and violence with which it was then inculcated. The decree of the Lateran council calls the Monothelites impious, execrable, wicked, abominable, and even dia bolical ; and curfes and anathematizes them to all eter nity!! ||. THE Saxons, from the firft introduction of Chriftiandty among them, had admitted the ufe of images; and per haps that religion, without fome of thofe exterior orna- * Bede, lib. 2. cap. 19, t Bede, lib. 5. cap. 21. Eddius. $24. * Bede, lib. 2. cap. 2. 4. - o. Eddius, ^ ii, !| Bede, lib. 5. cap. 16. 22. ** Bede, lib. 3. cap. 25. Eddius, 12. ft Spell. Cone. vol. i. p. 168. ti Ibid. p. 171. HI) Ibid. p. 172, 173, 174* T H E H E P T A R C H Y. 49 inents, had not made fo quick a progrefs with thefe idola- C H A P. ters: But they had not paid any fpecies of worthip or ad- J. drefs to images ; and this abuie never prevailed among v v Chriftians, till it received the fan&ion of the fecond council of Nice. VOL 1. H 50 II I S f O R Y O F E N G L A N D. CHAP. II. Egbert -Ethel wolf Ethelbald and Ethelbert Ethercd Alfred the Great Edward the Elder Atheljtan Edmund Edred Edwy- Edgar Edtuardthe Martyr. EGBERT. CHAP. r 1 A H E Kingdoms of the Heptarchy, though united by J- ib recent a conqueft, feemed to be firmly cemented v v into one flare under Egbert ; and the inhabitants of the feveral provinces had loft all defire of revolting from that monarch, or of reftoring their former independent govern ments. Theif language was everywhere nearly the iame# their cuftoms, laws, inititutions civil and religious ; and as the race of the ancient kings was totally extin6t in all the Subjected Hates, the people readily transferred their alle giance to a prince, who feemed to merit it, by the fplen- dour of his victories, the vigour of hisadminiftration, and the fuperior nobility of his birth. A union alfo in govern ment opened to them the agreeable profpecYof future tran quillity; and it appeared more probable, that they would henceforth become formidable to their neighbours, than be expofed to their inroads, and devaluations. But thefe fhttering views were foon overcaft by the appearance of the Danes, who, during feme centuries, kept the Anglo- Saxons in perpetual inquietude, committed the mod barba rous ravages upon them, and at laft reduced them to griev ous fervitude. THR emperor Charlemagne, though naturally generous and humane, had been induced by bigotry to exercife great leverities upon the Pagan Saxons in Germany, whom he fubdued; and befidesoften ravaging their country witli fire and {word, he had in cool blood decimated all the inhabi tants for their revolts, and had obliged them, by the molt rigorous edicts, to make a leeming compliance with the Chrifiian doctrine. That religion, which had eafily made its way among the Britifh Saxons by insinuation and ad- EGBERT. 51 drefs, appeared (hocking to their German brethren, when CHAP, impofed on them by the violence of Charlemagne; and the II. more generous and warlike of thefe Pagans had fled north- v v ward into Jutland, in order to efcape the fury of hisperfe- cutions. Meeting therewith a people of fimilar manners, thev were readily received among them; and they ibon ftimulated the natives to concur in enterpiifes, which both promifed revenge on the haughty conqueror, and afforded fubfiftence to thofe numerous inhabitants with which the northern countries were now overburdened*. They in vaded the provinces of France, which were expoled by the degeneracy and diflenfions of Charlemagne s pofleri- ty ; and being there known under the general name of Normans, which they received from their northern fituati- on, they became the terror of all the maritime and even of the inland countries. They were alfo tempted to vifit England in their frequent excurfions; and being able, by fudden inroads, to make great progrefs over a people who were not defended by any naval force, who had relaxed their military inftitutions, and who were funk into a fuper- ftition which had become odious to the Danes and ancient Saxons, they made no diftinclion in their hoflilities be tween the French and Englifh kingdoms. Their fuft Ap pearance in this illand was in the year ySyf, when Brith- ric reigned in Weflex. A fmall body of them Icinded in that kingdom, with a view of learning the ftate of the country; and when the magiftrate of the place quefliqned them concerning their eqterprife, and fummoned them to appear before the king, and account for their intentions, they killed him, and flying to the Ihips, efcaped into their own country. The next alarm was given to Northumber land in the year 794$ ; when a body of thefe pirates pil laged a monaftery ; but their fhips being much damaged by a ftorm, and their leader flain in a fkirmifh, they were at laft defeated by the inhabitants, and the remainder of them put to the fword. Five years after Egbert had efta- 832. bliihed his monarchy over England, the Danes landed in the Hie of Shepey, and having pillaged it, efcaped with iinpunitytl. They were not fo fortunate in their next year s interprife, when they diiembarked from thirty-five (hips, and were encountered by Egbert, at Charrnouth in Der- iet ihire. The battle wasbloodv; but though the Danes loft great numbers, they maintained the poft which they had taken, and thence made good their retreat to their * Ypod. Nfuflna, p. 414, f Chron. Sax. r>. Cj. * Chron. Sax. [>. (jfe. Aiur. Bever!. p. : ;| chrpn. ^ax. p. 7- . 52 HISTORY OF ENGLAND. CHAP, mips*. Having learned by experience, that they muft II. expet a vigorous refiftance from this warlike prince, they v v entered into an alliance with the Britons of Cornwal ; and landing two years after in that country, made an inroad with their confederates into the county of Devon ; but were met at Hengefdown by Egbert, and totally defeatedf. While England remained in thisftateof anxiety, and de fended itlelf more by temporary expedients than by any regular plan of administration, Egbert, who alone was able to provide effectually againft this new evil, un-- SjS. fortunately died; and left the government to his fon Ethel- wolf. ETHELWOLF. TH I S prince had neither the abilities nor the vigour of his father ; and was better qualified for governing a convent than a kingdom. J He began his reign with making a partition of his dominions, and delivering over to his eldefi fon, Athelftan, the new-conquered provinces of Eff^x, Kent, and SuiTex. But no inconveniencies feem to have arilen from this partition ; as the continual terror of the Dani(h invafions prevented all domcftic diOfenfion. A fleet of thefe ravagers, confiding of thirty-three fail, ap peared at Southampton ; but were repulfed with iofs by Wolf here, governor of the neighbouring county||. The fame year, ./Ethel he 1m, governor of Dorfetfhire, routed another band which had difembarked at Portfmouth ; but he obtained the victory after a furious engagement, and he bought it with the Iofs of his life**. Next year the Danes made feveral inroads into England ; and fought battles, or rather fkirmilhes, in Eall-Anglia and Lindefey and Kent; where, though they were fometimes repulfed and defeated, they always obtained their end, of committing fpoil upon the country, and carrying off their booty. They avoided coming to a general engagement, which was not fuited to their plan of operations. Their veflels were fmall, and ran eafily up the creeks and rivers; where they drew them afhore, and having formed an entrenchment round them, which they guarded with part of their number, the remain der fcattercd themfelves every where, and carrying off the * Chron. ^ c. p. 71. l.thelwpi-n, lib. 3. cap. ?. f Cliron. Sax. p. 72. * Wm. M.tlnir!. lib. ;. < a^. 2. \\ t.hton. Sax. p. 73. Ethelwerd, lib. j. cap. 3. ** Chrou. Sax. p. 73. H. Hut.ting. lib. 5. E T H E L W O L F. 53 inhabitants and cattle and goods, they haftened to their C **j P * {hips, and quickly difappeared. If the military force of the v " t county were alfembled (for there was no time for troops to march from a diftance), the Danes either were able to re- pulfe them, and to continue their ravages with impunity, or they betook themfelves to their veffels; and fettingfail, fuddenlv invaded fome diftant quarter, which was not pre pared for their reception. Every part of England was held in continual alarm ; and the inhabitants of one county durft not give afTifiance to thofe of another, left their own families and property fhouldin the mean time be expofed by their abience to the fury of thefe barbarou ravagers*. All orders of men were involved in this calamity ; and the priefts and monks, who had been commonly (pared in the domeftic quarrels of the Heptarchy, were the chief objects on which the Daniih idolaters exercifed their rage and animofity. Every feafon of the year was dangerous; and the abl ence of the enemy was no reafon why any man could efteem himtelf a moment in fafety. THESE incurfions had now become almoft annual ; when the Danes, encouraged by their fuccelles againll France as well as England (for both kingdoms were alike expofed to this dreadful calamity), invaded the laft in fo numerous a body, as feemed to threaten it with universal fu ojeclion. But the Englifh, more military than the Britons, whom, a few centuries before, they had treated with like violence, roufed themfelves with a vigour proportioned to the exigen cy. Ceorle, governor of Devonfhire, fought a battle with one body of the Danes at Wiganburghf, and put them to rout with great (laughter. King Athelftan attacked another at fea near Sandwich, funk nine of their (hips, and put the reft to flightj. A bcdv of them, however, ventured, for the firft time, to take up winter-quarters in England ; and receiving in the pi ing a ftrong reinforce ment of their countrymen in o.-.o veflels, they advanced from the lile of Thanet, where they had fhtioncd thcm- Iclves ; burnt the cities of London and Canterbury J and having put to flight Bn chtric, v.-bo now governed Mercia under the title of King, they marched into the heart of Surrey, and laid every place waftc around them. Ethel- wolf, impelled by the urgency of the cl.mgcr, marched againft: them at the head of the Weil-Saxons ; and carrv- ing with him his fecond fon, Ethelbald, gave them battle at Okely, and gained a bloody victory over them. This rl Beverl. p. TO". f H. I: :::M!:- ;. i b. ;. Ethelwerd, Lh. j. c:ip. .5. Simeon Di.t:;elm. p. 120. J Uiifn. . . Jflus, p. 2. 51 HISTORY OF ENGLAND. CHAP, advantage procured but a fhort refpite to the Englifh. The 11. Danes ftill maintained their fett ement in the Hie of Tha- v - net; and being attacked by Ealher and Huda, governors pf Kent and Surrey, though defeated in the beginning of jj- the adion, they finally repulfed fhe aflailants, and killed bolh the governors. They removed thence to the lile of Shepey ; where they took up their winter-quarters, that they might farther extend their devaluation and rava ges. THIS unfettled ftate of England hindered not Ethel- wolf from making a pilgrimage to Rome; whither he car ried his fourth, and favourite fon, Alfred, then only fix years of age*. He pa fled there a twelvemonth in exer- cifesof devotion ; and failed not in that moll effential part of devotion, liberality to the church of Rome. Befides giving prefents to the more diftinguithed eccltfiaftics, he made a perpetual grant of three hundred mancufesf a year to that fee ; one third to fuppoi t the lamps of St. Peter s, another thofe of St. Paul s, a third to the pope himleif:}:. In his return home, he married Judith, daughter of the emperor Charles the Bald ; but on his Lnding in Eng land, he met with an oppofiiion which he little looked for. His eldefl fon, Athelftan, being dead ; Ethclbald, his fecond, who had aflTumed the government, formed, in con cert with many of the nobles, the project of excluding his father from the throne, which his weaknefs and fuperfti- tion feem to have rendered him fo ill-qualified to fill. The people were divided between the two princes; and a bloo dy civil war, joined to all the other calamities under which the Englifh laboured, appeared inevitable; when Eihcl- wolf had the facility to yield to the greater part of his Ion s pretenfion?. He made with him a partition of the king dom ; and taking to himfelf the eaftern part, which was always at that time efteemed the leafi considerable, as well as the moft expofedil, he delivered over to Ethelbalcj the Sovereignty of the weftern. Immediately after, he fum- moned the ftatcs of the whole kingdom, and with the fame, facility conferred a perpetual and important donation on the church. THE ecclcfiaflics, in thofe days of ignorance, made rapid advances in the acquifition of power and grandeur ; and inculcating the molt abfurd and mofi interefted doc trines, though they fometimes met, from the contrary in- * AfTerins.p. 2. Chron. S^x. 76. Hunt. lib. 5. f .A mcnrn* \-as ibout the weight of our prelent hall ciown : See Spe man s GljHary, in veibo Mancus. VV. Malvnef. lib. 5. rap. s. || Aii erius, p. j. \V. Malm. l ;b. 2. rap. 2. Matth. \Vcft. p. i. S, E T H E L W O L F, 55 terefts of the laity, with an oppofition, which it required CHAP, time and addrefe to overcome, they found no obftacle in II. their reafon or understanding. Not content \vith the do nations of land made them by the Saxon princes and no bles, and with temporary oblations from the devotion of the people, they hadcafia wiflilul eye on a vaft revenue, which they claimed as belonging to (hem, by a i acred and indefeasible title. However little veried in the fcripturcs, they had been able todifcover, that, under the Jewiih law, a tenth of all the produce of land was conferred on the priefthood ; and forgetting what they themfelves taught, that the moral part only of that law was obligatory on Chriftians, they infilled, that this donation conveyed a perpetual property, inherent by divine right in thofe who officiated at the altar. Outing fome centuries* the whole fcope of fermons and homilies was directed to this purpofe; and one would have imagined, from the general tenor of thefe difco.urles, that all the practical parts of Chriflianity were comprifed in the exa<St and faithful payment of tithes to the clergy*. Encouraged by their lucceis in inculcating thefe doctrines, they ventured farther than they were war ranted even by the Levitical law, and pretended to draw the tenth of all induftry, merchandile, wages of labou rers, and pay of foldiersf ; nay, lorne canonifts went fo far as to affirm, that the clergy were entitled to the tithe of the profits made by courtezans in the exercife of their profeflionij:. Though parifheshad been infUtuted in Eng land by Honorius, archbiihop of Canterbury, near two centuries beforeli, the ecclefiaftics had never yet been able to get poffeffion of the tithes: They therefore feized the prefent favourable opportunity of making that acquifition ; when a weak, fuperftitious prince filled the throne, and when the people, difcouraged by their loffes from the Danes, and terrified with the fear of future invasions, were fufceptible of any imprellion which bore the appearance of religion**. So meritorious was this conceffion deemed by the Englifh, that, trufting entirely to fupernaturalafliftance, they neglected the ordinary means of lafety ; and agreed, even in the prefent dcfperate extremity, that the revenues of the church (hould be exempted from all burthens, though impoled for national defence and fecuritytf. * Padre Paolo, fopra benefkii eccleliaftici, p. 51, 52. edit. Co .on. 1675. t Spell. Cone. vol. I. p. -268. * Padre- 1 aolo, p. 132. l| Parker, p. 77. * Ingulf, p. 862. Selclen s hilt.of 1 ithes, c. S. ft Aileiiu-,, p. a. Chrou. Sax. p. 76. W. Malmef. lib. a. cap. 2. Lthel- xverd, lib. 3. cap. 3. M. \Vcit. p. 158. liigulf. p> 17. AJur. BevCil. p. 9*. 56 HISTORY OF ENGLAND. ETHELBALD AND ETHELBERT. T^P TMELWOLF lived only two years after making *-* this grant ; and by his will he fhared England be tween his two eldeft fons, Ethelbald and Ethelbert ; the weft being affigned to the former ; the eaft to the latter. Ethelb.ild was a profligate prince; and marrying Judith, his mother-in-law,, gave great offence to the people ; but moved by the remonftrances of Swithun, bifhop of Win- chefter, he was at laft prevailed on to divorce her. His S6o. reign was (hort; and Ethelbert, his brother, fucceeding to the government, behaved himfelf, during a reign of five years, in a manner more worthy of his birth and flation. The kingdom, however, was ft ill infefted by the Danes, who made an inroad and facked Winchefter ; but \vere there defeated. A body alfo of thefe pirates, who were quarter ed in the llle of Thanet, having deceived the Englifh by a treaty, unexpectedly broke into Kent, and committed great outrages. E T H E R E D, TH EL BERT was fucceededby his brother Ethe- 566. -* ^ red, who, though he defended himfelf with bravery, enjoyed, during his whole reign, no tranquillity from thole Danifh irruptions. His younger brother, Alfred feconded him in all his enterprifes; and generoully iacri- ficedtothe public good all refentment which he might en tertain on account of his being excluded by Ethered from a large patiimony which had been left him by his fa ther. THE firft landing of the Danes in the reign of Ethered was among the Eaft-Anglcs, who, more anxious for their prefent fafcty than for the common intereft, entered into a feparate treaty with the enemy ; and furnifhed them with horles, which enabled them to make an irruption by land into the kingdom of Northumberland. They there feizcd the city of York ; and defended it againft Ofbricht and ./Ella, two Northumbrian princes, who perifhed in the alFault*. Encouraged by thefe fucceffe?, and by the fupe- riority which they had acquired in arms, they now ventur ed, under the command of Hinguar and Hubba, to leave the fea-coaft, and penetrating into Mercia, they took up * Afler. p. 6. Chron. Sax. p. 79. E T H E R E D. 57 their winter-quarters at Nottingham, where they threaten- C H A P. ed the kingdom with a final fubjcclion. The Mercians II. in this extremity, applied to Ethered for fuccour ; and </ - that prince, with his brother, Alfred, conducting a great army to Nottingham, obliged the enemy to dillodge, and to retreat into Northumberland. Their reftlefs dilpofition 870. and their avidity for plunder, allowed them not to remain long in thofe quarters: They broke into Eaft-Anglia, de feated and took prilbner Edmund, the king of that coun try, whom they afterwards murdered in cool blood ; and committing the moft barbarous ravages on the people, par ticularly on the monafteries, they gave the Eaft-Angles caufe to regret the temporary relief which they had obtain ed, by affixing the common enemy. THE next Ration of the Danes was at Reading; whence 871. they infefted the neighbouring country by their incurfi- ons. The Mercians, defirousof ihaking off their depen dence on Ethered, refufed to join him with their forces ; and that prince, attended by Alfred, was obliged to march againft the enemy, \vith the Weft-Saxons alone, his here ditary lubjects. The Danes, being defeated in an action, (hut themfelves up in their garrifon: but quickly making thence an irruption, they routed the Weil-Saxons, and obliged them to raife the fiege. An a61ion loon after enfued at Afton in Berkfhire, where the Englifh, in the beginning of the day, were in danger of a total defeat. Alfred, ad vancing with one divifion of the army, was furrounded by the enemy in difadvantageous ground ; and Ethered, who was at that time hearing mafs, refufed to march to his afliftance, till prayers ihould be finiihed* : But as he af terwards obtained the victory, this fuccefs, not the danger of Alfred, was afcribed by the monks to the piety of that monarch. This battle of Afton did not terminate the war: Another battle was a little after fought at Bafing ; where the Danes were more fuccefsful ; and being reinforced by a new army from their own country, they became every day more terrible to the Englifh. Amidft thefe confufions, Ethered died of a wound which he had received in an adtion with the Danes; and left the inheritance of his cares and misfortunes^ rather than of his grandeur, to his brother, Alfred, who was now twenty-two years of age. VOL. I. 1 * AfTer. p. 7. W. Malm. lib. 2. cap. 3. Simeon Dunelm. p. 125. Angl a Sacra, vol. i. p. 205. HISTORY OF ENGLAND. ALFRED. " HIS prince gave very early marks of thofe great S 7 r - virtues and fhining talents, by which, during the moft difficult times, he faved his country from utter ruin and fubverfion. Ethelwolf, his father, the year after his re turn with Alfred from Rome, had again fent (he young prince thither with a numerous retinue ; and a repoit being fpread of the king s death, the pope, Leo 111. gave Alfred the i oval unction*; whether prognofticating his future greatncfs from the appearances of his pregnant genius, or willing to pretend, even in that age, to the right of confer ring kingdoms. Alfred, on his return home, became eve ry day more the object of his father s affections ; but being indulged in all youthful pleafures, he was much neglected in his education; and he had already reached his twelfth year, when he was yet totally ignorant of the loweft ele ments of literature. His genius was firfl roufed by the recital of Saxon poems, in which the queen took delight; and this fpecies of erudition, which is fometimes able to make a considerable progreis even among barbarians, ex panded thofe noble and elevated fentimcnts which he had received from naturef. Encouraged by the queen, and Simulated by his own ardent inclination, he foon learned to read thofe compofitions; and proceeded thence to acquire the knowledge of the Latin tongue, in which he met with authors that better prompted his heroic fpirit,and directed his generous views. Ablorbed in thefe elegant purfuits, he regarded his acceffion to royalty rather as an object of regret than of triumph! > but being called to the throne, in preference to his brother s children, as well by the will of his father, a circumfiance which had great authority with the; Anglo-Saxons!!, as by the vows of the whole nation, and the urgency of public affairs, he ihook off his literary indolence, and exerted himfelf in the defence of his peo ple. Ho had fcarcelv buried his brother, when he was obliged to take the field, in order to oppofe the Danes, v/ho had feized Wilton, and were exercifing their uiuai ravages on the countries around. He marched againft them v. if n the few troops which he could aflembleon a fudden ; and giving them battle, gained at firfl an advantage, but by his purfuing the victory too far, the fuperiority of the * Aff.T. p. 2. \V. Malm lib. ?. rap. 2. Ingulf, p. 869. Simeon Du- tiriin p. i !o. ijo. f ;\fler. p. 5. M. Weft. p. 167. Afier. p. 7. ji Ibid, p, :;. Simeon Dur.cim. p. i?i. ALFRED. 59 enemy s numbers prevailed, and recovered them the day. C II A P. Their lofs, however, in the action was fo confiderable, II. that, fearing Alfred would receive daily reinforcement ^*~s**-S from his fubje&s, they were content to fiipulate for a fafe retreat, and prom i fed to depart the kingdom. For that purpole they were conducted to London, and allowed to take up winter quarters there; but carelefs of their en gagements, they immediately let themfelves to the com mitting of fpoil on the neighbouring country. Burrhed, king of Mercia, in whofe territories London was fituated, made a new ftipulation with them, and engaged them, by prefents of money, to remove to Lindefey in Lincolnfhhe; a country which they had already reduced to ruin and de- folation. Finding therefore no object in that place, either for their rapine or violence, they iuddenly turned back upon Mercia, in a quarter where they expected to find it without defence ; and fixing their fiatiou at Repton in Derby (hire, they laid the whole country defolate with fire and fword. Burrhed, defpairing of fuccefs againft an enemy, whom no force could refill, and no trcatiesbind, abandoned his kingdom, and fly ing to Rome, took fhelter in a cloifter*. lie was brother-in-law to Alfred, and the lad who bore the title of king in P.iercia. THE Weft-Saxons were now the only remaining power in England; and though fupported by the vigour and abi lities of Alfred, they were unable to Amain the efforts of thofe ravagers, who from all quarters invaded them. A new fwarm of Danes came over this year under three g..^ princes, Guthrum, Oicital, and Amund ; and having firft joined their countrymen at Hepton, they foon found the necefiity of feparating, in order to provide for their fub- fiftence. Part of them, under the command of Haldene, their chieftainf, marched into Northumberland, where they fixed their quarters ; part of them took quarters at Cambridge, whence they diilodged in the erifuing fummer and feized Wereham, in the county of Dorfet, the very centre of Alfred s dominions. That prince fo ftraitened them in thefe quarters, that thev were content to come to a treaty with him, and ftipulatcd to depait his country. Alfred, well acquainted with their uilia! perfidy, obliged them to (wear upon the holy reiiques to the observance of the treaty^ ; not that he expected they would pay any ve neration to the re; ! i he hoped, that, if they now violated this oith, .heir impiety \vould infallibly draw ao .vn upon tnewi the vc.i^cance of heaven. 33ut ihc * A Her, p. 8. Chron. Sax. p. Se. Ef.i .tl-.vcrd, iib. 4. r^ f Chran. Sax. p. Sj. A. 60 HISTORY OF ENGLAND. CHAP Danes, little apprehenfive of the danger, fuddenly, with- II, out feeking any pretence, fell upon Alfred s army ; and - v ...... -j having put it to rout, marched weftward and took poiledion of Exeter. The prince collected new forces; and exert ed fuch vigour, that he fought in one year eight battles with the eneniv *, and reduced them to the utmoft extremi ty. He hearkened however to new propofals of peace ; and was fatisfied to ftipulate with them, that they would fettle fomewhere in England t, and would not permit the entrance of more ravagers into the kingdom. But while he was expecting the exception of this treaty, which it feemed the inteieft of the Danes themfelves to fulfil, h"fi heard that another body had landed, and having collected all the fcattered troops of their countrymen, had furprifed Chippenham, then a confiderable town, and were exer- cifing their uiual ravages all around them. Tmslaft incident quite broke the fpirit of the Saxons, and reduced them to defpair. Finding that, after all the miferable havoc wrrch they had undergone in their perfons and in their property ; after all the vigorous actions which they had exerted in their own defence ; a new band, equal ly greedy of i poil and {laughter, had difembarked among them ; they believed themfelves abandoned by heaven to deilruclion, and delivered over to thofe fwarms of robbers, which the fertile north thus inceflantly poured forth againft them. Some left their country, and retired into Wales, or fbd bevond fea : Others (ubmitted to the conquerors, in hopes of apneafing their fury by a fervile obedience^ : And every man s attention being now engrofTed in concern for his own preiervation, no one would hearken to the exhortations of the king, who fummoned them to make, under his conduct, one effort more in defence of their prince, their country, and their liberties. Alfred him- fclf was obliged to telinquiih the enfigns of his dignity, to dilmifs his fcrvants, and to feek flielter, in the meaneft difguiles, from the puiiuit and fury of his enemies. He concealed himfelf under a peaiant s habit, and lived fome time in the houfe of a neat-herd, who had been entrufted with the care of fome of hiscowsiU There pa fled here an in cident, which has been recorded by all the hiftofians, and w^s lung preferved by popular tradition ; though it contains nothing memorable in ilfclf, except fo far as every circum- flance is interefHng, which attends fo much virtue and dig nity, reduced to luchdiilrefs. The wife of the neat-herd was ignorant of the condition of her royal gueft; and obferving Afler. p. S. The Saxon Chron. p. 82. fays nine battles. f ATer. p. a. AIui. Eevirl. p. i.?,;. -| Chroii. Sax. p. 8^. Alured Bevcrl. p. 105. II Aiier. p. 9. ALFRED. 61 him one day bufy by the fire-fide in trimming his bow and CHAP arrows, Ihe defired him to take care of fome cakes, which II. were teaming, while (he was employed eifewhere in other v - < - domeftic affairs. But Alfred, whofe thoughts were other- wife engaged, neglected this injunction ; and the good woman, on her return, finding her cakes all burnt, rated the king very feveri^y, and upbraided him, that he al ways feemed very well pleafed to eat her warm cakes, though he was thus negligent in toafting them*. BY degrees, Alfred, as he found the fearch of the enemy become more remils, collected (bine of his retainers, and retired into the centre of a bog, formed by the ftagnaling waters of the Thone and Parrel, in Somerfetfhire. He here found two acres of firm ground ; and building a ha bitation on them, rendered himfelf fecure by its fortifica tions, and ftill more by the unknown and inacceffible roads which led to it, and by the forefis and morafies with which it was every way inv ironed. 1 his place he called ^the- lingay, or the llle of Noblest ; and it now bears the name of Athelney. He thence made frequent and unexpected fallies upon the Danes, who often felt the vigour of his arm, but knew not from what quaiter the blow came. He fub lifted himfelf and his followers by the plunder which he acquired ; he procured them confolation by re venge ; and from fmall luccefTes, he opened their minds to hope, th.it, notwithstanding his preient low condition, more important victories might at length attend his va lour. ALFRED lay here concealed, but not unactive, during a twelvemonth; when the nevvsofa prosperous event reached his ears, and called him to the field. Hubba, the Pane, having fpreacl devaluation, fire, and {laughter, over Wales, had landed in Devonfhire from twenty-three veflels, and laid fiege to the caflle of Kinwith, a place fifuated near the mouth of the fmail river Tau. Oddune, earl of Devon- fhire, with his followers, had taken fhelter there; and being ill fupplied with provifions, and even with water, he determined, by fome vigorous blow, to prevent the neceffi- ty of fubmitting to the barbarous enemy. He made a fudden (ally on the Danes before fun-riling; and taking them unprepared, he put tfiem to rout, purfued them with great (laughter, killed Hubba himfelf, and got polTeflion. of the famous Reafen, or enchanted ftandard, in which the Danes put great confidence*. It contained the figure of ara .en, which had been inwoven b the three * Afier. p. 9. M. Yvef}. p. 17-,. f Chron. Sax. p. 8j. \V. Mulm. lib. 2. ca,). 4. llhelwi-iJ,]ib. ^. ran. , ( . In^n .i , .1. u6. ^ /\::IT. p. io. Chron. .^j;:. [i. Sj. Abb.s RL" . ,. Alured Bfvert. g. 105. 62 H I S T O R Y O F E N G L A N D. C H A P. of Hinguar and Hubba with many magical incantations, II. and which, by its different movements, prognofticated v v as the Danes believed, the good or bad fuccefs of any enterprifef. WHEN Alfred obferved this fymptom of fuccefsful refift- ance in his fubjecls, he left his retreat; but before he would alT emble them in arms, or urge them to any attempt, which, if unfortunate, might, in their prefent defponden- cy, prove fatal, he rcfolved to infpeft, himfelf, the fitua- tion of the enemy, and to judge of the probability of fuc cefs. For this purpofe he entered their camp under the dilguifeof a harper, and pa (Ted unfufpecled through every quar. er. He fo entertained them with his mufic and face tious humours, that he met with a welcome reception ; and was even introduced to the tent of Guthrum, their prince, where he remained feme days*. He remarked the fupine fecurity of the Danes, their contempt of the Engliib, their negligence in foraging and plundering, and their diilolute watling of what they gained by rapine and violence. En couraged by thefefavourable appearances he fecretly fent ernilla; ics to the inoft confiderable of his fubje&s, and fum- rhoned them to a rendezvous, attended by their warlike followers, at Brixton, on the borders of Selwood forefl||. The Englifh, who had hoped to put an end to their cala mities by fervile fubmifllon, now found the infolence and rapine of the conqueror more intolerable than all pad fatigues and dangers; and, at the appointed day, they joy fully reforted to their prince. On his appearance, they received him with fhouts of applaufe ** ; and could not fatiate their eyes with the fight of tin s beloved monarch, whom they had long regarded as dead, and who now, with voice and looks cxprefling his confidence of fuccefs, cal led them to liberty and to vengeance. He inftantly con- dufled them to Eddington, where the Danes were encamp ed ; and taking advantage of his previous knowledge of the place, he directed his attack againft the moll unguarded quarter of the enemy. The Danes, furprifed to fee an army of Englim, whom they confidered as totally fubdu- fd, and Mill more aftonifhcd to hear that Alfred was at their head, made but a faint rcfiftance, notwithstanding th.~ir fuperiority of number, and were foon put to flight with great fhughter. The remainder of the army, with their prince, wasbefieged by Alfred in a fortified camp to which , they fh>cl ; but being reduced to extremity by want and hunger, they had recourfe to the clemency of the viitor, ** AiTr. p. 11. t W. Malm. lib. 2. rap. 4. |j Chron. Rav. p. ? . * * Aile". p. 10. Chron S <i\. p. ^5. Simeon Duntira, p. !j. Aluted Bfverl. p. 105. At. has Ric -al, p. ^5 j. ALFRED. 63 and offered to fubmit on any conditions. The king, no C H A P. lefs generous than brave, gave them their lives; and even II. formed a fcheme for converting them, from mortal em-mies, * v into faithful fubjects and confederates. He knew, that the kingdoms of Ealt-Anglia and Northumberland were totally defolated by the frequent inroads of the Danes ; and he now purpofed to repeople them, by fettling there Guthrum and his followers. He hoped that the new plan ters would at laft betjke themfelves to indufi-v, when, by reafon of his refinance, and the exhaufted condition of the country, they could no longer fubfill by plunder ; and that they might ferve him as a rampart againfl ai;v future incurfions of their countrymen. 13ut before he ratified thefe mild conditions with the Danes, he required, that they fhould give him one pledge of their fubmilfion, and of their inclination to incorporate with the llnglit"h, by declaring their converfion to Chriftianity*. Guthrum, and his army, had no averfion to the propofal; and, without much inOrudtion, or argument, or conference, rhey were all admitted to baptiim. The king anfwred for Guthrum at the font, gave him the name of Athelflan, and received him as his adopted foiif. THF. fuccefsof this expedient feemed to correfpond to 80. Alfred s hopes : The greater part of the Danes fettled peaceably in their new quarters : Some fmalier bodies of the lame nation, which were difperl ed in Mercia, were diflributed into the five cities of Derby, Leiceder, Stam ford, Lincoln, and Nottingham, and where thence called the Fif or Fiveburgers. The more turbulent and unquiet made an expedition into France under the conr.nand of IlafUngsJ; and except by a fhort incurfion of Danes, who failed up the Thames and landed at Fulham, but fuddeniy retreated to their (hips on finding the country in a poiture of defence, Alfred was not for fome years infetlcd by the inroads of thole barbariansli. THE king employed this interval of tranquillity in re- ftoring order to the flute, which had been lhaken by ib many violent convulsions ; in eftablifhing civil and milita ry inftitutions; in compofing the minds of men to induflry and juftice; and in providing againft the return of like calamities. He was, more properly than his grandfather Egbert, the fole monarch of the Englifh (for fo the Saxons were now universally called), becaufe the kingdom of Mercia wasat laft incorporated in his Hate, and was go verned by Ethelbert, his brother-in-law, who bore the title * Cliton. Sax. p. 85. f Aff er. p. 10. Ch:o-i. $tt. ]). 90. t W. Ma .jn.Jib. 9. cap. 4. Ingulf, p. 26. >| Ali-r. p. 11. 64 H I STORY OF EN GL AN D. of Earl : And though the Danes, who peopled Eaft-An- glia and Northumberland, were for fome time ruled im mediately by theii own princes, they all acknowledged a iubordinafion to Alfred, and fubmitted to his fuperior au thoring. As equality among fubjefts is the great lource of concord, Alfred gave the fame laws to the Danes and Eng- lifh, and put them entirely on a like footing in the admi- niftration both of civil and criminal juftice. The fine for the murder of a Dane was the fame with that for the mur der of an Englishman; the great fymbol of equality in thofe ages. THE king, after rebuilding the ruined cities, particu larly London*, which had been deftroyed !>v the Danes in the reign of Ethelwolf, eftablithed a regular rr.il itia for the defence of the kingdom. He ordained that all his people mould be armed and registered ; he aiTigned them a regular rotation of duty ; he diftrtbut <u d part into the cafties and fortreffes, which he built at proper placesf ; he required another part to take the field on any alarm, and to affemble at ftated places of rendezvous ; and he left a fuhScient number at home, who were employed in the cultivation of the land, and who afterwards took their turn in military fervicej. The whole kingdom was like one great garrifon ; and the Danes could no fooner appear in one piace, than a fufficient number was alTembled to op- pole them, without leaving the other quarters defencelefs or difarmed||. But Alfred, fenfible that the proper method of oppofing an enemy, who made incurfions by lea, was to meet them on their own element, took care to provide himfelf with a naval force**, which, though the mod natural defence of an ifland, had hitherto been totally neglecled by the Eng- lifh. Me Jncreafed the (hipping of his kingdom both in number and flrcngth, and trained his fubjecis in the prac- liceaswell of failing, as of naval action. He diftributed his armed veflels in proper Oations round the ifland, and was fure to meet the Danifh mips either before or after they had landed their troops, and to purfue them in all their incurfions. Though the Danes might fuddenly, by fur- prife, difembark on the coaft, which was generally be come delolate by their frequent ravages, they were encoun tered by the Englifh fleet in their retreat; and efcaped not, as formerly, by abandoning their booty, but paid, by their * Affer. p. 15. Chron. Sax. p. SS. M. Weft. p. 171. Simeon Dunelm. p. 131. liiompton, p.8t2. Aiured Beverl. ex edit. Kearne, p. 106. f- Alfer. p. 1 8. Ingulf, p. 27. t Chron. iUx. p. 92, 03. !| Spelman slifeof Alfred, p. 147. edit. 1704. ** Ailer. p. 9. M. Weft. p. 170. ALFRED. 65 total deflruftion, the penalty of the diforders which they C II A P. had committed. H. IN this manner Alfred repelled feveral inroads of thefc v v -* piratical Danes, and maintained his kingdom, during fome years, in fafety and tranquillity. A fleet of a hundred and twenty (hips of war was ftationed upon the coaft ; and being provided with warlike engines, as well as with ex pert leamen, both Frifians and Englifh (for Alfred fup- plicd the defects of his own fubje&s by engaging able foreigners in his fervice), maintained a fuperiority over thofe fmaller bands with which England had ib often been infefted*. But at lalfHaftings, the famous Danifh chief, g 9 - 3 . having ravaged all the provinces of France, both along the fea-coaft and the Loire and Seine, and being obliged to quit that country, more by the deiblation which he him- felf had occafioned, than by the refinance of the inhabi tants, appeared off the coafi of Kent with a fleet of 330 fail. The greater part of the enemy difembarked in the Rother, and feized the fort of Apuldore. Hafiings him- lelf, commanding a fleet of eighty fail, entered the Thames, and fortifying Milton in Kent, began to fpread his forces over the country, and fo commit the moft de- fiructivc ravages. But Alfred, on the firft alarm of this defcent, flew to the defence of his people, at the head of a felect band of foldierb, whom he always kept about his perionf ; and gathering to him the armed militia from all quarters, appeared in the field with a force fuperior to the enemy. All ftraggling parties, whom neceffity, or love of plunder, had draw:, to a dittance from their chief encamp ment, were cut offby the Engliih| ; and thefe pirates, in- ftead of increafing their fpoil, found themfelves cooped up in their fortifications, and obliged to fubfift by the plun der which they had brought from France. Tired of this fituation, which muft in the end prove ruinous to them, the Danes at Apuldore role fuddenly from their encamp ment, with an intention of marching towards the Thames, and pafling over into EfTex : But they efcaped not the vi- giiance of Alfred, who encountered them at Farnham,put them to rout|i,leizedall their horfes and baggage, and chaf ed the runaways on board their (hips, which carried them up the Colne to Merfey in ElTex, where they entrenched themfelves. Haftings, at the fame time and probably by concert, made alike movement; and deferring Milton, took poireflion of Bamflete, near the illeof Canvey in the VOL. I. K AiTer. p. n. Chron. Sax. p. 36, 87. M. V. cft. p. 176. f Affer. P- I 9- t Chion. Sax. p. 92. |i Ibkl. p. 9j. Flor. Wigcrn. p. 595. C6 HISTORY OF ENGLAND. CHAP, fame county*; where he haftily threw up fortifications for II. Ills defence againftthe power of Alfred. * </ UNFORTUNATELY for the EnglUh, Guthrum, prince of the Eaft- Anglian Danes, was now dead; as was alfo Guthred, whom the king had appointed governor of the Northumbrians; and thofereftlefs tribes, being no longer retrained by the authority of their princes, and being en couraged by the appearance of fo great a body of their countrymen, broke into rebellion, (hook off the authority of Alfred, and yielding to their inveterate habits of war and deprcdationf, embarked on board two hundred and forty vcilels, and appeared before Exeter in the weft of England. Alfred loft not a moment in oppofmg this new enemy. Having left fome forces at London to make head againft Haftings and the other Danes, he marched fudden- ]y lo the weft:}: ; and falling on the rebels before they were aware, purfued them to their fliips with great (laughter. Theie ravagers, failing next to Suffex, began to plunder the country near Chichefter ; but the order which Alfred had everywhere eftabliftied,fufficed here, without hjs prefence, for the defence of the place; and the rebels, meeting with a new rcpulfe, in which many of them were killed, and fome of their {hips taken ||, were obliged to put again to fea, and were difcouraged from attempting any other en- terprife. MEANWHILE, the Danifh invaders in Efiex, having united their force under the command of Haftings, advan- .& ced into the inland country, and made fpoil of all around *%& them ; but foon had reafon to repent of their temerity. The Englifharmy left in London, afTifted by a body of the citi- xcns, atiacked the enemy s entrenchments at Bamflete, overpowered the garrifon, and having done great execution upon them, carried off the wife and two fons of Haftings**. Altrcd generoufly fpared thefe captives; and even reftored them to Mattings ? t on condition that he mould depart the kingdom. Bur though the king had thus honourably rid himfelf of this dangerous enemy, he had not entirely fubducd or expelled the invaders. The piratical Danes willingly fol lowed in an excurfion any profperous leader who gave them hopes of booty ; but were not fo eafily induced to re- linquiih their enterprife, or fubmit to return, baffled and without plunder, into their native country. Great num bers of them, after the departure of Haftings, feized and * Chron. Sax. p. 93. } Ibifi. p. 9?. * Chron. ?ax. p. 05. i! !b <i. p. 96. Flor. Wigorn. p. 596. ** Chron. Sax. p. 94. M- \Veft. p. 173. ft M - Weft. p. 179. ALFRED. 67 fortified Shobury at the mouth of the Thames; and having CHAT, left a garrifon there, they marched along the river, till II. they came to Boddington in the county of Glcceiter ; where, being reinforced by fome \Velih, they threw up entrenchments, and prepared tor their defence. The king here furrounded them with the whole force of his domini ons*; and as he had now a certain profpedtof victory, he refolved to truft nothing to chance, but rather to matter his enemies by famine than aifault. They were reduced to iuch extremities, that, having eaten their own horfes, and having many of them perilhed with hungerf, they made a defperate tally upon the Englilh ; and though the greater number fell in the action, a confiderable body made their efcapej. Theie roved about for fome time in England, ftill pur fued by the vigilance of Alfred; they attacked Leiceiter with fuccefs, defended themlelves in Hartford, and then fled to Quatford, where they were finally broken and fubdued. The fmall remains of them either difperfcd themfelves among their countrymen in Northumberland and Eaft-Anglia!!, or had recourfe again to thefea, where they exercifed piracy, under the command of Sigefert, a Northumbrian. This freebooter, well acquainted with Alfred s naval preparations, had framed vetlels of a new conttruclion, higher, and longer, and fwiftcr, than thole of the Englifh: but the king loon difcovered his iu- perior fkill, bv building veifels ftill higher, and longer, and fwifter, than thole of the Northumbrians; and falling upon them, while they were exercifing their ravages in the weft, he took twenty of their Ihips ; and having tried all the prifonersat Winchefter, he hanged them as pirates, the common enemies of mankind. THE well-timed fe verity of this execution, together with the excellent polture of defence eftabJilhed every where, reftorcd full tranquillity in England, and provided for the future fecurity of the government. The Ealt- Anglian and Northumbrian Danes, on the firft appearance of Alfred upon their frontiers, made anew the molt humble fubrui (li ons to him ; and he thought it prudent to take them under his immediate government, without eitabiifhing over them a viceroy of thsir own nation**. The Wclft) alib ac knowledged his authority ; aud this great prince had now, bv prudence and juftice and valour, ettahiithed his fovc- reignty over all the fouthcin parts of the iilancJ, from the Englith channel to the frontiers of Scotland; when he died * Ci .ron. Sax. p. oj. ) Ib .d. M. \Veft. \i. 170. Her. \Vigorn. p. 500. i (.:. . . . 0.5. ;| Ibid. ;>. y;. * Klor. \v i;.;oni. ;). 598. 63 HISTORY OF ENGLAND. CHAP, in the vigour of his age and the full ftrength of his faculties, il. after a glorious reign of twenty-nine years and a half* ,- * v in which he defervedly attained the appellation of Alfred the Great, and the title of Founder of the Engiifh monar chy. THE merit of this prince, both in piivate and public life, may with advantage be fet in opposition to that of any monarch or citizen which the annals of any age or any nation can prefent to us. He feems indeed to be the mo del of that perfect character, which, under the denomi nation of a fage or wile man, philofophers have been fond of delineating, rather as a fiction of their imagination, than in hopes of ever feeing it really exifting : So happily were all his virtues tempered together ; fo juftly were they blended ; and ib powerfully did each prevent the other from exceeding its proper boundaries! He knew how to reconcile the moft enterprifing fpirit with the coolefi mo deration; the moft obfiinate perfeverance with the eafieft flexibility; the moft levere jufticewith the gentleft lenity; the greateft vigour in command with the moft perfect affa bility of deportmentf; the higheft capacity and inclinati on for fcience, with the moft fhining talents for action. His civil and his military virtues are almoft equally the objects of our admiration; excepting only, that the former, being more rare among princes, as we! las more ufeful, fecm chief ly to challenge our applaula. Nature alfo, as if defirous that fo bright a production of her (kill fhould he fet in the faireft light, had beftowed on him every bodily accom- plifhrnent, vigour of limbs, dignity of fhape and air, with a pleafing, engaging, and open countenance^. Fortune alone, by throwing him into that barbarous age, deprived him of hiftorians worthy to tranfmit his fame to pofterity ; and we wifh to ice him delineated in more lively colour; , and with more particular flrokes, that we may at leaft per ceive fome of thofe frnall fpecks and blemimes, from which, as a man, it is impoflible he could be entirely ex empted. ,,. BUT we fhoulu give but an imperfect idea of Alfred s merit^ were we to confine our narration to his military ex ploits, and were not more particular in our account of his inftitulionsfor the execution of juftice, and of his zeal for the encouragement of arts and fciences. AFTER Alfred had subdued, and had fettled or expelled the Danes, he found the kingdom in the moft wretched condition; dcfolated by the ravages of thofe baibarians, [ /Her. p. 21. Chion. S;tx. p. 99. f AfTcr. p. 13. * Ib d. p. r. A L F R E D. 69 and thrown into diforders, which were calculated to per- CHAP, petuate its mifery. Though the great armies cf the Danes II. \tere broken, the country was full of draggling troops of ^ * that nation, who, being arcuftomed to live by plunder, were become incapable of induftry; and who, from the natural ferocity of their manners, indulged thcmfelves in committing violence, even beyond what was requifite to fupply their neceffities. The Englifh themfelves, reduced to the moft extreme indigence by thefe continued depreda tions, had fhaken off all bands of government; and thole who had been plundered to-day, betook themfelves next day to a like disorderly life, and, from defpair, joined the robbers in pillaging and ruining their fellow-citizens. Thefe were the evils for which it was neceffary that the vigilance and a&ivity of Alfred fhould provide a remedy. THAT he might render the execution of juftice firic\ and regular, he divided all England into counties; thefe counties he fubdivided into hundreds; and the hundreds intotithings. Every houfeholdcr was anfwerable for the behaviour of his family and Haves, and even of his guefts, if they lived above three days in his houfe. Ten neigh bouring houfeholders were formed into one corporation, who, under the name of a tithing, decennary, or fribourg, were nnfwerable for each other s conduct, and over whom one perfon, called atithingman, headbourg, or bormolder, wa r > appointed to prefide. Every man was punished as an outlaw, who did not regifter himfelf in fome tithing. And no man could change his habitation, without a warrant or ceitific.ite from the borfholder of the tithing to which he formerly belonged. WHEN any perfon in anv tithing or decennary was guilty of a crime, the borfholder was fmnmoned to anfwer for him; and if he were not willing to be furety for his appearance, and his clearing himfelf, the criminal was committed to pn fon, and there detained till his trial. If he fled i either before or after finding fureties, the borfhol der and decennary became liable to enquiry, and were c\- pofed to the penalties of law. Thirty- one days were al- lowed them for producing the criminal ; and if that time elapied without their being able to find him, the borfholder, with two other members of the decennary, was obliged to appear, and, together with three chief members of the three neighbouring decennaries (making twelve in all), to fwear that his decennary was free from all privity both of the crime committed, and of the efcape of the cri minal. If the borfholder could not find fuel, a number Jo anfwer for their innocence, the decennary was compelled by fine to make faHsfatiioii (o the king, according tor 70 HISTORY OF EN GLAND. CHAP, degree of the offence*. By this inffitution every man was II. obliged from his own intereft (o keep a watchful eye over v v the conduct of his neighbours; and was in a mannei furety for the behaviour of thofe who were placed under the di- vifion to which he belonged : Whence thefe decennaries re ceived the name of frank-pledges. SUCH a regular difiribution of the people, with fuch a \\r\t\ confinement in their habitation, may not be necelfe- ry in times when men arc more enured to obedience and juftice; and it might perhaps be regarded as deftruitive of liberty and commerce in a polilhed (late; but it was well calculated to reduce that fierce and licentious people under the falutary reftrjint of law and government. But Alfred took care to temper thefe rigours by other inftitutions favou rable to the freedom of the citizens; and nothing could be more popular and liberal than his plan for the adminiftra- tion of juftice. The boriholdcr lummoned together his whole decennary to afliil him in deciding any lefier diffe rence which occurred among the members of this fmall community. In affairs of greater moment, in appeals from the decennary, or in controversies arifing between mem bers of different decennaries, the caule was brought before the hundred, which confiited often decennaries, or a hun dred families of freemen, and which was regularly affem- bled once in four weeks, for the deciding of caufesT Their method of deciiion delervesto be noted, as being the origin of juries; an inftitution, admirable in itfelf, and the bed calculated for the preiervation of liberty and the admini- ilration of juftice, that ever was deviled by the wit of man. Twelve freeholders were chofen ; who, having fworn, to gether with the hundreder, or prefiding magiftrate of that divifion, to adtniriiller impartial juftice J, proceeded to the examinat : on of that cauie which was lubmitted to their jurifuidlion. And befide thefe monthly meetings of the hundred, there was an annual meeting, appointed for a more general infpection or" the police of the di(lri& ; for the enquiry into crimes, the correction of abuies in magi- Orates, and the obliging of every perfon to (hew the de cennary in which he was regiftered. The people, in imi tation of their anceftors, the ancient Germans, aflembled there in arms; whence a hundred was fometimes called a wapentake, a::d its rourt ferved both for the luppoit 01 military dilcipiirie, and for the adminiftration of civil jafticciU * Leges St. !LJw. c.i;i. 20. a;<ud Wilkins, p. ?oc. f Leg. Ed w. cap. 2. * i-oriiiis .Alfred, and Goiliuin, apud \Vilkint-, tap. 3. ]>. ^7. Leg. Etheldani, tap. 2. upad \Villiijv;, p. 5-!. LI.. Lii.eij. -j 4. \ViUi .i-:, p. 117. I, b^ e. 11:411, in iti<e \\ a;-3sita r.e. ALFRED. 71 THE next fuperior court to that of the hundred was the CHAP. countv-court, which met twice a year, after Michaelmas II. and Eafter, and confided of the freeholders of the county, v who poffclled an equal vote in the decifion of caufes. r l he hithop prefided in this court, together with the alderman ; and the proper object of the court was the receiving of ap peals from the hundreds and decennaries, and the decid- in^ of i uch controverfies as arofe between men of different hundreds. Formerly, the alderman poffeffed both the civil and military authority ; but Alfred, fenfible that this conjunction of powers rendered the nobility dangerous and independent, appointed a lib a fheritfin each county, who enjoyed a co-ordinate authority with the former in the ju dicial funclionf. His office allb impowered him to guard the rights of the crown in the county, and to levy the fines impofcd ; which in that age formed no contemptible part of the public revenue. THERE lay an appeal, in default of juftice, from all thefc courts to the king himlelf in council ; and as the people, fenfible of the equity and great talents of Alfred, placed their chief confidence in him, he was foon overwhelmed with appeals from all parts of England. He was indefati gable in the difpatch of thefe caufesj ; but finding that his time muft be entirely engroffed by this branch of duty, he refolved to obvi.ite the inconvenience, by correcting the ignorance or corruption of the inferior magiftrates, from which it arofeli. Vie took care to have his nobility inftruc- ted in letters and the laws** : He chofe the earls and fherifFs from among the men mod celebrated for probity and know ledge : He punifhed feverely all malversation inofficeff : And he removed all the earls, whom he found unequal to the truflU ; allowing only fome of the more elderly to ferve by a deputy, till their death fliould make room for more worthy fuccellors. THE better to guide the magiftrates in the adminiftration of juftice, Alfred framed a body of laws ; which, though now loll, ferved long as the balls of Englifh jurifprudence, and is generally deemed theojigin of what is denominated _ the COMMON LAW. He appointed regular meetings of the ftates of England twice a year in London |i|l ; a citv which he himfelf had repaired and beautified, and which he thus rendered the capital of the kingdom. The fimila- rity of thefe inftitutions to the cuftoms of the ancient Ger mans, to the praciioe of the other northern conquerors, t Ingulf, p. 870. + AITer. p. 20. jj Ibid. p. is. 21. Flor. Wieorn.p. 594. Abbas P.ieval, p. 355. * Flor. Wigcrn. p. 594. Brcmpton, p. 8j 4 . ft Le Miroir ie Juftice, chap. a. ;* AHer. p. a. ; Le Miroir de Jutiice. 7 2 HIS T O R Y OF E N G L A N D., CHAP- and f tne Saxon laws during the Heptarchy, prevents us II. from regarding Alfred as the fole author of this plan of u > government ; and leads us rather to think, that, like a wile man, he contented himfelf with reforming, extending, and executing the inftitutions which he found previoully eftablHhed. But, on the whole, fuch fucceis attended his legitlation, that every thing bore fudden y a new face in England: Robberies and iniquities of a:l kinds v. ere re- prelled by the punifhment or reformation of the criminals*: And fo exact was the general police, that Alfred, U is laid, hung up, by way of bravado, golden bracelets near the highways; and no man dared to touch themf. Yet, a- midft theie rigours of juftice, this great prince preferved the moft facred regard to the liberty of his people ; and it is a memorable fentiment preferred in his will, that it was juft the Englilh fhould for ever remain as free as their own thoughts^. As good morals and knowledge are almoft infeparable, in every age, though not in every individual ; the care of Alfred for the encouragement of learning among his fub- jects, was another ufeful branch of his legitlation, and ten ded to reclaim the Englifh from their former diffolute and ferocious manners : But the king wa3 guided in this pur- fuit, lefs by political views, than by his natural bent and propenfity towards letters. When he came to the throne, he found the nation funk into the grotted ignorance and barbarifm, proceeding from the continued dilorders in the government, and from the ravages of the Danes : The monafteries were deftroyed, the monks butchered or dif- pcrfed, their libraries burnt ; and thus the only feats of eru dition in thofe ages were totally fub verted. Alfred him felf complains, that on his accelfion he knew not one per- fon,fouthofthe Thames, who could fo much as interpret the Latin lervicc ; and very few in the northern parts, who had even reached that pitch of erudition. But this prince invited over ihe moft celebrated fcholars from all parts of Europe; he eftablifhed fchools every where for the inftruc- tion of his people ; he founded, at leafl repaired, the uni- verfity of Oxford, and endowed it with many privileges, revenues, and immunities; he enjoined by law all free holders polTeffed of two hydes|| of land or more to fend their children to fchool for their inftruclion ; he gave pre ferment both in church and ftate to fuch only as had made fome proficiency in knowledge : And by all theie expedi- * Ingulf, p. 27. f W. Malmef. lib. 2. cap. 4. t Affer. p. 24. |i A hyde contained land fufficient to employ one plough. Sec H. Hunt. lib. 6. in A. D. 1008. Anr.al. Waved., in A. D. 1083. Gervafe of Tiiburp fa/s, h commonly contained about 100 acres. ALFRED, 73 ents he had the fatisfaclion, before his death, to fee a great CHAP, change in the face of affairs; and in a work of his, which II. is ftiil extant, he congratulates himl clf on the progrefs v^ ,/ which learning, under his patronage, had already made in England. Bur the moft effectual expedient, employed by Alfred, for the encouragement of learning, was his own example, and the conftant affiduity with which, notwithftanding the multiplicity and urgency of his affairs, he employed him- felf in the purfuitsof knowledge. He ufually divided his time into three equal portions: One was employed in fleep, and the refection of his body by diet and cxercife ; another in the difpatch of bufmefs: a third in ftudy and devotion ; and that he might more exactly meafure the hours, he made ufe of burning tapers of equal length, which he fix ed in lanthorns* ; an expedient failed to that rude ace, when the geometry of diallingj and the mechanifm of clocks and watches, were totally unknown. And by fuch a regular diftribution of his time, though he often laboured under great bodily infirmitiesf, this martial hero, who fought in perfon fifty-fix battles by fea and land|, v/as able during a life of no extraordinary length, to acquire more knowledge, and even to compote more books, than moft ftudious men, though bleft with the greatcft leifure and application, have, in more fortunate ages, made the object of their uninterrupted induftry. SENSIBLE that the people, at all times, efpecially when their understandings are obftru6ted by ignorance and bad education, are not much fufceptible of fpeculative i nl ; mo tion, Alfred endeavoured to convey his morality by apo logues, parables, (lories, apophthegms, couched in poetry ; and befides propagating, among his fubjects, former com- pofitions of that kind, which he found in the Saxon tongue||, he exercifed his genius in inventing works of a like nature**, as well as in tranflating from the Greek the elegant fables of v^fop. He alfo gave Saxon tranflations of Orotius s and Dede s hiftories; and of Boethius concern ing the confolation of philofophytf. And he deemed it nowife derogatory from his other great characters of ibve- reign, legillator, warrior, and politician, thus to lead the way to his people in the purfuits of literature. MEANWHILE, this prince was not negligent in encou raging the vulgar and mechanical arts, which have a more VOL 1. L * Affer. p. 20. \V. Malm. lib. 2. cap. 4. Ir.fulf. p. 870. t Afler. p. 4. 12, i j. 17. W. Malm. lib. 4. cap. 4. !j After, p. 13. * Spf min. p. 124. Abbas Kieval, p. 355. tf W. Malm. lib. ii, sap. 4. Erompton. p. J:^. 74 HISTORY OF ENGLAND. CHAP, fenfible, though not a clofer, connexion with the interefts II. of fociety. He invited, from all quarters, induflrious fo- * v reigners to repeople his country, which had been defolated - by the ravages of the Danes*. He introduced and en couraged manufactures of all kinds; and no inventor or improver of any ingenious art did he fuffer to go unie- wardedf. He prompted men of activity to betake them- ieh rs to navigation, to pufh commerce into the moll remote i .itrics, and to acquire riches by propagating induftiy miong their fellow-citizens. He fet apart a feventh por tion of his own revenue for maintaining a number of work men, whom he conftantly employed in rebuilding the ruined cities, caitles, palaces, and monaileries^. Even the elegancies of life were brought to him from the Medi terranean and the Indies|| ; and his fubjecls, by feeing thole productions of the peaceful arts, were taught to refpedt the virtues of juftice and indufiry, from which alone they could arife. Both living and dead, Alfred was regarded by foreigners, no lefs than by his own lt>bjecls,as the grea- teft prince after Charlemagne that had appeared in Europe during feveral ages, and as one of the wiieft and beft that had ever adorned the annals of any nation. ALFRED had, by his wife, Ethelfwitha, daughter of a Mercian carl, three fons and three daughters. The eldefl ion, Edmund, died without iflue, in his father s lifetime. The third, Ethelward, inherited his father s paffion for letters, and lived a private life. The iecond, Edward, iucceeded to his power ; and paffes by the appellation of Edward the Elder, being the firft of that name who lat on the Engliih throne. T EDWARD THE ELDER. HIS prince, who equalled his father in military ta- A Icnts, though inferior to him in knowledge and eru dition**, found immediately on his acceffion, a fpecimen of that turbulent life to which all princes, and even all in dividuals, wereexpofed, in an age when men, lefs reftrain- cd by law or juflice, and lefs occupied by induftry, had no aliment for their inquietude, but war s,;infurreclions, con- vulfions, rapine, and depredation. Ethelwald, his coufm- * After, p. 13. Flor. \Vigorn. p. 588. f A Per. p. 20. * AUer. p. 20. \V. Malmel. lib. 2. cap. 4. |j W. Malmef. lib. 2. cap. 4. ** \V. Malmef. lib, 2. cap. 5. Hoveden, p. 421. E D W A R D T H E E L D E R. 75 german, Ion of king Ethelbert, the elder brother of Al- C H A P- fred, infifted on his preferable title*; and arming his par- il. tizans, took poileilion of Winburne, where he feemed de- * / -^ termined to defend himfelf to the laft extremity, and to await the ifTue of his pretenfionsf. But when the king approached the town with a great army, Ethelwald, having the profpecl of certain definition, m.ule his efcape, and fled tirft into Normandy, thence into Northumberland ; where he hoped that the people, who had been recently fub- dued by Alfred, and who were impatient of peace, would, on the intelligence of that great prince s death, feize the firft pretence or oppbrtunitv of rebellion. The event did not difappoint his expectations: The Northumbrians de- % clared for himj ; and Ethelwald, having thus connected his interefts with the Danifh tribes, went beyond lea, and collecting a body of thefe freebooters, he excited the hopes of all thofe who had been accuftomed to fubfift by rapine and violence ||. The Eaft-Anglian Danes joined his par ty : The Five-burgers, who were frated in the heart of Mercia, began to put thernfelves in motion; and the Eng- lilh found that they were again menaced with thofe convul- fions, from which the valour and policy of Alfred had fo lately retcued them. The rebels, headed by Ethelwald, made an incurfion into the counties of Glocefter, Oxford, and Wilts ; and having exerciled their ravages in thefe places, they retired with their booty, before the king, who had afiembled an army, was able to approach them. Ed ward, however, who was determined that his preparations iLould not be fruitlefs, conducted his forces into Eaft-An~ glia, and retaliated the injuries which the inhabitants had committed, by fpreading the like devaluation among them. Satiated with revenge, and loaded with booty, he gave orders to retire: But the authority of thofe ancient kings, which was feeble in peace, was not much better eftablilhed in the field; and the Kontifh men, greedy of more fpoil, ventured, contrary to repeated orders, to ftav behind him, and to take up their quarters in Bury. This difobedience proved in the iiiue fortunate to Edward. The Danes af- limited the Kentiih men ; but met with fo vigorous a refift- ance, that, though they gained the field of battle, they bought that advantage by the lofs of their braveft leaders, and among the reft, bv that of Ethelwald, w iio penihed in the action**. The king, -freed from the fear of fo dan- * Chron. Sax. p. 99, 100. f Ibi .. . i . H. Hunting, li i. 5. Pvi. i-- + Ch-Tin. "six.;). IOO. li. H,.i.-jni{. lib. 5. p. j _,;, ) Chton. Sax. p. too. Cliron. Al.b. . 4. Petri d ** Cj iun. S.:x. n. i ji. Biomp .u-.j, y. Sji. 76 HISTORY OF ENGLAND. C H A F. gerous a competitor, rrade peace on advantageous terms II. with the Eafi-Angles.* v \i IN ord.er to reflore England to fucn a (late of tranquil lity as it was then capable of attaining, nought was want ing but the fubjeciion of the Northumbrians, who, afiiiled by the fcattered Danes in Mercia, continually in felled the bowel of the kingdom. Edward, in order to divert the force of thefe enemies, prepared a fleet to attack them by lea; hoping that when his (hips appeared on their coaft, they mud at leaft remain at home, and provide for their defence. But the Northumbrians were lefs anxious to fe- cure their own property, than greedy to commit fpoil on their enemy; and concluding, that the chief ftrength of the Englilh was embarked on board the fleet, they thought the opportunity favourable, and entered Edward s territo ries with all their forces. The king who was prepared againil this event, attacked them on their return at Teten- hall in the county of Stafford, put them to rout, recovered all the booty, and puri ued them with great llaughter into their own country. ALL the reft of Edward s reign was a fcene of continued and fucceisful aclion againfl the Northumbrians, the Eaft- Angles,the Five-burgers, and the foreign Danes, who in vaded him from Normandy and.Britanny* Nor was he lefs provident in putting h;s kingdom in a pofture of defence, than vigorous in aflaulting the enemy. He fortified the towns of Chefter, Eddefoury, Warwic, Cherbury, Buck-* ingham, Towcefter, Maldon, Huntingdon, and Cotchef- ter. He fought two fignal battles at Temsford and Mal- donf. He vanquilhed Thurketill, a great Danifn chief, and obliged him to retire with his followers into France, in queft of fpoil and adventures. He fubdued the Eaft- An gles, and foiced them to (wear allegiance to him : He ex pelled the two rival princes of Northumberland, Reginald and Sidroc, and acquired, for the prefent, the dominions of that province: Several tribes of the Britons were fub- jecled by him ; and even the Scots, who, during the reign of Egbert, had, under the conduct of Kenneth, their king, increafed their power by the final fubjeciion of the Picls, were neverthelels obliged to give him marks of fubmiu*k>n|. In all thefc fortunate achievements he was afTifled by the activity and prudence of his fifter Ethelfleda, who was wi dow of Ethelbert, earl of Mercia, and who, after her huf- band s death, retained the government of that province. * Chron. Sax. p. 102. Erompton, p. 832. Matth. Weft. p. 181. f Chron. Sax. p. 108. Flor. Wigoin. p. 601. J Chion. Sax. p. Ho. Hovedea. p. 42 x. A T II E L S T A N. 77 This princefs, who had been reduced to extremity in child- CHAP, bed, refuied afterwards all commerce with her hufband ; II. not from any weak fupcrftition, as was common in that v^- v ^- / age, but becauie (he deemed all domeftic operations un worthy of her mafculine and ambitious Ipirit*. She died before her brother ; and Edward, during the remainder of his reign, took upon himfelf the immediate government of Mercia, which before had been entrufled to the authority of a governorf. The Saxon Chronicle fixes the death of this piince in 925^: His kingdom devolved to Athclftan, his natural fon. ATHELSTAN, II E fiain in this prince s birth was not, in thofe times, -- deemed fo confiderable as to exclude him from the 9*5- throne; and Athelftan, being of an age, a-, well as of a capacity, fitted for government, obtained the preference to Edward s younger children, who, though legitimate, were of too tender years to rule a nation fo much expofed both to foreign invafion and to domeftic convulfions. Some difconfents, however, prevailed on his acceffion ; and Al fred a nobleman of confiderable power, was thence encouraged to enter into a conlpiracy againft him. This incident is related by hiftorians with icircumftances which the reader, according to the degree of credit he is difpofed to give them, rnay impute either to the invention of monks who forged them, or to their artifice, who found means of making them real. Alfred, it is laid, being feized upon ftrong fufpicions, but without anv certain proof, firmly de nied the conlpiracy imputed to him; and in order to juftify himfelf, he orrered to (wear to his innocence before the pope, whole perion, it was fuppoled, contained fuch iuperior ianftity, that noonecould pie fume to ^ive a falfeoath in his prelence,and vet hope to efcape the immediate venge ance of heaven. The king accepted of the condition, and Alfred was conducted to Rome ; where, either confcious of his innocence, or negieciing the fuocrftit on o which he appealed, he ventured to make the oath required of him, before John, who thon filled tiie papal chair. But no iooner had he pronounced the fatal words, than he fell into con vulfions, of which, three days after, he expired. The W. Malmef. lib. 2. cap. 5. Ma;th. Weft p. 182. Ingulf, p. sS. Hig- ien, p. 261. f Chion. S>ax. p. no. Broaipton, p. 831, + Page no. . 78 HISTORY OF ENGLAND. CHAP, king, as if the guilt of the confpirator were now fully af- II. certained, confiscated his eftate, and made a prefent of it v v to the monaftery of Malmefbury*; fecure that no doubts would ever thenceforth be entertained concerning the juf- tice of his proceedings. THE dominion of Athelftan was no fooner eftabliflied over his Englilh fubje&s, than he endeavoured to give fe- curity to the government, by providing againft the infur- reftions of the Danes, which had created fo much diftur- bance to his predeceflbrs. He marched into Northumber land ; and fin Jing that the inhabitants bore with impati ence the Engliih yoke, he thought it prudent to confer on Sithric, a Danifh nobleman, the title of King, and to at tach him to his interefts, by giving him his filler, Editha, in marriage. But this policy proved by accident the fource of dangerous confequences, Sithric died in a twelvemonth after; and his two ions by a former marriage, Anlaf and Godfrid, founding pretenfions on their father s election, afl umed the lovereignty without waiting for Athelftan s confent. They were icon expelled by the power of that monarch; and ihe former took Ihelter in Ireland, as the lat ter did in Scotland ; where he received, during fome time, protection from Conftantine, who then enjoyed the crown of that kingdom. The Scottifh -prince, however, continu ally folicitcd, and even menaced by Athelftan, at lad pro- rniied to deliver up his gueft; but fecretly detcfting this treachery, he gave Godfrid warning to make his elcapef ; and that fugitive, after fubfiftingby piracy for fome years, freed the king, by his deatl*, from any farther anxiety. Athelftan, relenting Conftantine s behaviour, entered Scot land with an army ; and ravaging the country with impu nity:]:, he reduced the Scots to. fuch diftrefs, that their king was content to preferve his crown, by making fubmiffions to the enemy. The Englifh hiftorians alTert||, that Con ftantine did homage to Athelftan for his kingdom ; and they add, that the latter prince, being urged by his courti- "ers to pulii the prefent favourable opportunity, and entire ly fubdue Scotland, replied, that it was more glorious to confer than conquer kingdoms**. But thofe annals, (o uncertain an-d imperfedt in themfelves, lofeall credit, when national prepofleflions and animofities have place : And on that account, the Scotch hiftorians, who, without having any more knowledge of the matter, ftrenuoufly deny the fad, feem more worthy of belief. * W. Malm. lib. 2. cap. 6. Spell. Cone. p. 417. t W. Malm. lib. o. cap. 6. * Chron. Sax. p. lit. Hoveden. p. 422. H. Hunting, lib. 5. p. 5-4. |, Hoveder, p. 4-:. ** \V. Malir.ef, iib. 2. cap. 6. Anglia Sacra, vol. I. p. 21?. A T H E L S T A N. 79 CONSTANTINE, whether he owed the retaining of his CHAP. crown to the moderation of Athenian, who was unwilling ]I. to employ all his advanraies againft him, or to the policy * * - of that piince, who efteemed the humiliation of an enemy a greater acquisition than the fubjc&ion of a difcontented and mutinous people, thought the behaviour of the Kngliih monarch more an object of relentment than of gratitude. He entered into a confederacy with Anlaf, who had col lected a great body of Danifh pirates, whom he found hovering in the Irifh leas ; and with foine Welfli princes, who were terrified at the growing power of Athelftan : And all thefe allies made by concert an irruption with a great army into England. Athelftan, colle&ing his forces, met the enemy near Brunfbury in Northumberland, and defeated them in a general engagement. This victory was chiefly afcribed to the valour of Turketul, the Engliih. chancellor : For in thofe turbulent ages, no one was fo much occupied in civil employments, as wholly to lay afide the military character*. THERE is a circumftance, not unworthy of notice, which hiftorians relate with regard to the traniadions of this war. Anlaf, on the approach of the Englifh army, thought that he could not venture too much to enfure a fortunate event ; and employing the artifice formerly pradil ed by Alfred againft the Danes, he entered the enemy s camp in the ha bit of a mitiftrel. The ftratagem was for the prefent at tended with like fuccefs. He gave fuch fatisfadion to the foldiers, who flocked about him, that they introduced him to the king s tent ; and Anlaf, having played before that prince and his aobles during their repaft, was difmiiled with a hand feme reward. His prudence kept him from re- fufing the prefent; but his pride determined him, on his departure, to bury it, while he fancied that he was unefpi- ed by all the world. But a foldier in Athelftan s camp, who had formerly ferved under Anlaf, had been ftruck with fome fufpicion on the firft appearance of the minftrel; and was engaged by curiofity to obferve all his motions. He regarded this laft action as a full proof of Anlaf s dif- guife ; and he immediately carried the intelligence to Athelftan, who blamed him for not fooner giving him in formation, that he might have feized his enemy. But the foldier told him, that, as he had formerly 1 worn fealty to Anlaf, he could never have pardoned hitnfelf the treacherv of betraying and ruining his ancient mafter ; and that * The office of chancellor among the Anglo-Saxons refembled more that of a fecretary of ftate, than that of our prefent chancellor. -See Spellman in voce Canctllatiui, 8o HISTORY OF ENGLAND. CHAP. Athelftan himfelf, after fuch an inftance of his criminal II. conduct, would have had equal reafon to diftruft his alle- * * giance. Athelftan, having praifed the generofity of the foldier s principles, reflected on the incident, which he forefaw might be attended with important confequences. He removed his ftation in the camp ; and as a bifhop ar rived that evening with a reinforcement of troops (for the ccclefiaftics were then no lei s warlike than the civil magif- trates), he occupied with his train that very place which had been left vacant by the king s removal. The precau tion of Athelftan was found p udent : For no fooner had darknefs fallen, than Anlaf broke into thecainpj and haf- tening directly to the place where he had left the king s tent, put the bifhop to death, before he had time to prepare for his defence.* THERE fell feveral Danifh and Wclfh prince- in the action of Brunfburyt ; and Conftantine and Anlaf made their efcape with difficulty, leaving the greater part of their army on the field of battle. After this fuccefs, Athelftan enjoyed his crown in tranquillity ; and he is regarded as one of the ableft and moft active of thofe ancient princes. He paffed a remarkable law, which was calculated for the encouragement of commerce, and which it required fome liberality of mind in that age to have deviled : That a merchant, who had made three long fea-voyages on his own account, mould be admitted to the rank of a thane or gentleman. This prince died at Glocefter in the year 94 ij, after a reign of fixteen years; and was fueceeded by Edmund, his legitimate brother. EDMUND. EDMUND, on his acceffion, met with difturbance from the reftlefs Northumbrians, who lay in wait for every opportunity of breaking into rebellion. But march ing fuddenly with his forces into their country, he fo over awed the rebels, that they endeavoured to appeafe him by the moft humble iubmiffionsll. In order to give him the furer pledge of their obedience, they offered to embrace Chriftianity ; a religion which the Englifh Danes had fre quently profeffed, when reduced to difficulties, but which, * XV. Malmef. lib. 2. cap. 6. Higden, p. 263. t Brompton, p. 839. Ingulf, p. 29. J Chron. Sax. p. 114. |j W. Malmef. lib. 2. cap. 7. Brompton, p. 857. E D R E 0. 81 for that very reafon, they regarded as a badge of fervitude, CHAP, and ihook off as foon as a favourable opportunity offered . II. Edmund, trailing little to their fincerity in this forced fub- v * - miiTion, ufed the precaution of removing the Five burgers from the towns of Mercia, in which they had been allowed to fettle; becauie it was always found, that they took ad vantage of every commotion, and introduced the rebelli ous or foreign Danes into the heart of the kingdom. He alfo conquered Cumberland from the Britons; and confer red that territory on Malcolm king of Scotland, on condi tion that he fhould do him homage for it, and protect the north from all future incurfions of the Danes. EDMUND wasyoungwhen he came to the crown; yet was his reign Ihort, as his death was violent. One day as he was folemnizing a feilival in the county of Glocefter, he remarked, that Leolf, a notorious robber, whom he had Sentenced to banimment, had yet the boldnefs to enter the hall where he himielf dined, and to fit at table with his attendants. Enraged at thisinfolence, he ordered him to leave the room ; but on his refuting to obey, the king, whole temper, nalurally choleric, was inflamed by this ad ditional infult, leaped on him himfelf, a/id feized him by the hair : But the ruffian, pufhed to extremity, drew his dagger, and gave Edmund a wound, of which he imme diately expired. This event happened in the year 946, and in the fixth year of the king s reign. Edmund left male-iffue, but fo young, that they were incapable of go verning the kingdom; and his brother, Edred, was promot ed to the throne. EDRED. HP H E reign of this prince, as thofe of his predecefibrs, ** was ditfurbed by the rebellions and incurfions of the Northumbrian Danes, who, though frequently quelled, were never entirely fubdued, nor had ever paid a fincere allegiance to the crown of England. The accef- fion of a new king feerned to them a favourable opportunity for making off the yoke; but on I red s appearance with an army, they made him their wonted fubmiflions ; and the king, having wafted the country with fire and fword, as a punifliment of their rebellion, obliged them to renew their oaths of allegiance : and he ftraighf retired with his forces. The obedience of the Danes lafted no louecr VOL. J. M 82 H I S T O R Y O F E N G L A N D. CHAP *^ an t ie P re ^ ent terror. Provoked at the deviations of j] Edred, and even reduced by neceffity to lubfift on plun- -.- i der, they broke into a new rebellion, and were again fub- dued : But the king, now inftrucled by experience, took greater precautions againfl their future revolt. He fixed Englifh garrifons in their moft confiderable towns ; and placed over them an Englifh governor, who might watch all their motions, and fupprefs any infurre&ion on its firft appearance. He obliged alfo Malcolm, king of Scotland, to renew his homage for the lands which he held in Eng land. En RED, though not unwarlike, nor unfit for active life, lay under the influence of the loweft fuperftition, and had blindly delivered over his confcience to the guidance of Dunftan, commonly called St. Dunftan, abbot of Glaften- bury, whom he advanced to the higheft ofHces, and who covered, under the appearance of fanclity, the moft violent and moft inlolent ambition. Taking advantage of the implicit confidence repoled in him by the king, this churchman imported into England a new order of monks, who much changed the ftate of .ecclefiaftical affairs, and excited, on their firft efiablifhment, the moft violent com motions. FROM the introduction of Chriftianity among the Sax ons, there had been monafteries in England ; and thefe eftablifhments had extremely multiplied, by the donations of the princes and nobles ; whole fuperftition, derived from their ignorance and precarious life, and increafed by remorfes for the crimes into which they were fo frequently betrayed, knew no other expedient for appearing the Dei ty than a profufe liberality towards the ecc efiaftics. But the monks had hitherto been a fpecies of fecular pricfts, who lii*ed after the manner of the prefent canons or pre- bendaries, and were both intermingled, in ibme degree, with the world, and endeavoured to render themfelvcs ufeful to it. They were employed in the education of youth* : They had thedifpofai of their own time and in- cluftry : They were not fubje&cd to the rigid rules of an order : They had made no vows of implicit obedience to their fuperiorsf: And they ftill retained the choice, with out quitting the convent, either of a married or a fingle lifej. But a miftaken piety had produced in Italy a new ipecies of monks, called Benedictines ; who, carrying farther the plaufiblc principles of mortification, fecluded * Olberne in Anslia Sacra, torn. 2. p. 22. f Ofberne, p. 9 . * See Wharton s notes to Anglia Sacra, torn. 2. p. 91. Cervafe, p. 1645. Chion. \Vint. MS. apud Spell. Cone. p. 4j.j. E D R E D. 83 themfelves entirely from the world, renounced all claim to liberty, and made a merit of the moll inviolable chaftity. Thefe practices and principles, which luperftition at firtt engendered, were greedily embraced and promoted by the policy of the court of Rome. The Roman pontiff , who was making everv day great advances towards an absolute fovereignty over the ecclefiaftics, perceived that the celi bacy of the clergy alone could break off entirely their connection with the civil power, and depriving them of every other object of ambition, engage them to promote, with unceafing induftry, the grandeur of their own order. He was fenfible, that ib long as the monks were indulged in marriage, and were permitted to rear families, they never could be fubjecled to ftrict discipline, or reduced to that flavery under their fuperiors, which was requifite to procure to the mandates, iflued from Rome, a ready and zealous obedience. Celibacy, therefore, began to be ex tolled, as the indifpenfablc duty of priefts ; and the pope undertook to make all the clergy throughout the weittrn world renounce at once the privilege of marriage : A for tunate policy ; but at the lame tin/e an undertaking the moft difficult of any, fince he had the ftrongeft propenfi- ties of human nature to encounter, and found, that the lame connections with the female fex, which generally encourage devotion, were here unfavourable to the iuccefs of his project. It is no wonder, therefore, that this mnfter- ftroke of art ihould have met with violent contradiction, and that the interefts of the hierarchy, and the inclinati ons of the prieils, being now placed in this fmgular op- pofition, fhould, notwithfhmding the continued efforts of Rome, have retarded the execution of that bold fcheme during the courie of near three centuries. As the biihops and parochial clergy lived apart with their families, and were more connected with the world, the hopes of fuccefs with them were fainter, and the pre tence tor making them renounce marriage was much lefs plaufible. But the pope, having caft his eye en the monks as the bafis of his authority, was determined to reduce thorn under i trict rules, of obedience, to procure them the credit of ianctity by an appearance of {he moft rigid mor tification, and to break qii ail their other ties which might interfere with his Ipiriiua! policy. Under pretence, there fore, of reforming abuies, which were, in fume degree, unavoidable in the ancient eftablifhments, he had already iprcad over the fou hern countries of. Kurope the fevcte l.iwsof the monaftic life, and began to form attempts to- \vards a like innovation in Kngland. Th.e favourable op portunity or^erc-d itielf (and it was greedily feizcd), aiifiiig &* HISTORY OF ENGLAND. CHAP, from the weak fuperftition of Edrcd, and the violent im- II. petuous character of Dunftan. DUNSTAN was born of noble parents in the weft of Eng land ; and being educated under his uncle Aldbelm, then archbimop of Canterbury, had betaken himielt to the ec- clefiafiical life, and had acquired feme character in the court of Edmund. He was how ever, represented to that prince as a man of licentious manners* ; and finding his fortune blaftcd by thefe fufpicions, his ardent ambition prompted him to repair his indifcretions, by running into an oppofite extreme. He fecluded himfelf entirely from the world ; he framed a cell fo fmall, that he could neither ftand creel in it, norftrctch out his limbs during his re- pofe; and he here employed himfelf perpetually either in devotion or in manual labourf. It is probable, that his brain became gradually crazed by thefe foiitary occupati ons, and that his head was filled with chimeras, which, being believed by himfelf and his ftupid votaries, procured him the general character of fanctity among the people. He fancied that the devil, among the frequent vifits which he paid him, w.^s one day more earned than ufual in his temptations; till Dunftan, provoked at his importunity, feized him by the nofe with a pair of red hot pincers, as he.puthis head into the cell ; and he held him there, till that malignant fpirit made the whole neighbourhood re- found with his bellowings. This notable exploit was feri- oufly credited and extolled by the public; it is tranfmitted to pofterity by one who, confidering the age in which lie lived, may pafs for a writer of feme elegance^ ; and it Jnfured to Dunftan a reputation which no real piety, much Jels virtue, cculd, even in the mod enlightened period, have ever procured him with the people. SUPPORTED by the characler obtained in his retreat, Dunftan appeared again in the world ; and gained fuch an afcendant over Edred, who had fucceeded to the crown, as made him, not only the director of that prince s con- fcience, but his counfellor in the moft momentous affairs of government. He was placed at the head of the trealu- ryll, and being thus poffcfled both of power at court, and of credit with the populace, he was enabled to attempt with fuccefs the moft arduous enterprifes. Finding that his advancement had been owing to the opinion of his aufte- rity, he profeflcd himfelf a partizan of the rigid monaitic rules; and after introducing that reformation into the con- * Ofheine.p. 05. Man. \Vcft. p. I j. f Ofberne, p. 96. ^ GiLerne, p. n/. || Oiberne, p. 102. \\ a li^ford, p. 541. E D R E D 85 vents of Glaftenbury and Abingdon, he endeavoured to C H A P. render it univerfal in the kingdom. 11- TH E minds of men were already well prepared for this v j innovation. The praifesof an inviolable chauity had been carried to the higheft extravagance by fome of the hrft preachers of ChrilHanity among the Saxons : The pleafures of love had been reprefented as incompatible with Chrif- tian perfection: And a total abftinence from all commerce with the lex was deemed fuch a meritorious penance, as was iufficient to atone for the greateft enormities. The Confequence feemed natural, that thofe, at leaft, \v\\o offi ciated at the altar mould be clear of this pollution: and when the doctrine cf tranfubftantiation, which was DOW creeping in*, was once fully eftablifhed, the reverence to the real body of Chrift in the eucharift beftowed on this argument an additional force and influence. The monks knew how to avail themfelves of all thefc popular topics, and to let off their own character to the beft advantage. They afFecled the greateft aufterity of life and manners : They indulged themlelves inthehigbcft drains of devoti on : They inveighed bitterly againft the vices and preten ded luxury of the age : They were particularly vehement againft the diflolute lives of the fecular clergy, their rivals: E ery inftance of libertinifm in any individual of that or der was reprefented as a general corruption : And where other topics of defamation were wanting, their marriage became a fure fubjecl of invective, and their wives received the name of concubine, or other more opprobrious appella tion. The fecular clergy, on the other hand, who were numerous and rich, and poffefled of the eoclefiaftical dig nities, defended themfelves with vigour, and endeavoured to retaliate upon their adverfaries. The people were thrown into agitation ; and few inftances occur of more vio lent diirenfions, excited by the moft material differences in religion ; or rather by the moft frivolous: Since it is a juft remark, that the more affinity there is between theolo gical parties, the greater commonly is their animofity. THE progrefs of the monks, which was become confi- clerable, was fomewhat retarded by the death of Edred, their paitifan, who expired after a reign of nine yearsf. He left children ; but as they were infants, his nephc\v Edwy, fun of Edmund, was placed on the throne. \ ;M,C. vol. i. p. 4,2. f Ch .on. S*. ;>. 115. 86 H I S T O R Y O F E 1STG L A N D, D W Y. ED W Y, at the time of his acceffion, was not above fixtecn or feventeen years of age, was poffeflecl of the mod amiable figure, arid was even endowed, according to authentic accounts, with the molt promifmg virtues*. He would have been the favourite of his people, had he not unhappily, at the commencement of his reign, been engaged in a controverly with the monks, whofe rage neither the graces of the body nor virtues of the mind could mitigate, and who have purfued his memory with the fame unrelenting vengeance, which they exercifed againft his perfon and dignity during his fhort and unfor tunate reign. There was a beautiful princels of the royal blood, called Elgiva, who had made imprefiion on the tender heart of Edwy ; and as he was of an age when the force of the paffions firft begins to be felt, he had ventured, contrary to the advice of his graved counfellors, and the remonftrances of the more dignified eccieiiaftics f, to efpoufc her ; though fhe was within the degrees of affinity prohibited by the canon-lawj. As the auiterity, affected by the monks, made them particularly violent on this oc- cafion, Edwy entertained a ftrong prepoffefiion againft them; and leemed, on that account, determined not to fecond their project, of expelling the feculars from all the convents, and of poil^ffing thernielves of thofe rich efta- blifhments. War was therefore declared between the king and the monks ; and the former foon found reafon to re pent his provoking fuch dangerous enemies. On the day of his coronation, his nobility were afiembled in a great hall, and were indulging themfelves in that riot and dif- order, which, from the example of their German ancef- tors, had become habitual to the Englifhjj ; when Edwy, attracted by fofter pleafures, retired into the queen s apart ment, and in that privacy gave reins to hisfondncfs towards his wife, which was only moderately checked by the pre- fencc of her mother. Dunftan conjectured the reafon of the king s retreat ; and carrying along with him (Xlo, archbifhop of Canterbury, over whom he had gained rn abfolute alcendant, he burfi into the apartment, upbraided Edwy with his lafcivioufnefs, probably beftowed on tho queen the moll opprobrious, epithet that can be applied to * H. Hunting, lib. 5. p. ^556. f W. M. ilraef. lib, c. cap. 7, Ibid. j| Wailinjford, p. 5^2. E D W Y. 8? her fex, and tearing him from her arms, pufhed him hack, C H A Pi in a difgraceful manner, into the banquet of the nobles*. II. Edvvy, though young, and oppofed by the prejudices of the v * ^ people, found an opportunity of taking revenge for this public infult. He questioned Dunftan concerning the ad- minittration of the treafury during the reign of his prede- ceiforf ; and when that minifter refufed to give any ac count of money expended, as he affirmed j by orders of the late king, he ace u fed him of malverfation in his office, and baniihed him the kingdom. But Dunftan s cabal was not unailive during his abfence: They filled the public with 1 ^h panegyrics on his ianclity : Thdy exclaimed againft the impiety of the king and queen : And having poiibned the minds of the people by theie declamations, they proceeded to Hill more outrageous als of violence againft: the royal authority. Archbifliop Odo fcnt into the palace a party of loldiers, who feized the queen ; and having bur ned her face with a red-hot iron, in order to deftroy that fatal beauty which had feduccd Edwy, they carried her by force into Ireland, .there to remain in perpetual exile^* Edwy, finding it in vain to refift, was obliged to confenl to his divorce, which was pronounced by Odo||; and a cataf- trophe, Hill more dilinal, awaited the unhappy Eigiva* That amiable princefs, being cured of her wounds, and having even obliterated the fears with which Odd had hoped to deface her beauty, returned into England, and was flying to the embraces of the king, whom fhe ftill regarded as her hulband ; when fhe fell into the hands of a party, whom the primate hud lent to intercept her. Nothing but her death could now give lecurity to Odo and the monks ; and the moft cruel death was requifite to fatiate their venge ance. She was hamftringed ; and expired a few days after at Glocefter in the moft acute torments**. THE Englidi, blinded with fuperftition, inftead of being (hocked with his inhumanity, exclaimed that the misfor tunes of Edwy and his confort were a juft judgment for their dillblute contempt of the ecclefiaftical ftatutes. They even proceeded to rebellion againft their fovereign ; and having placed Edgar at their head, the younger brother of Edwy, a boy of thirteen years of age, they foon put him in pofleflion of Mercia, Northumberland, Eafl-An- glia ; and chafed Edwy into the fouthern counties. That it might not be doubtful at whofe iniligation this revolt was undertaken, Dunftan returned into England, and took upon * W. Mahnef. lib. 2. cap. 7. Ofberne, p. 83. 105. M. Weft. p. 105. 196. f Wallingford, p. 542. Alur. Beverl. p. 112. Oiberne, p. 84. Gervafe, p. 164-1. II Hoveden, p. 425. . * OlLenie, p. 84. Gervule, p. 1645, 1646. 85 HISTORY OF EN GLAND. CHAP, him the government of Edgar and his party. He was firft 11. inftalled in the fee ofWorceiter, then in that of London*, v v and, on Odo s death, and the violent expulfion of Brithelm, his fucceflor, in that of Canterb.iryt ; of all which he Jong kept poffeflion. Odo is tranfmitted to us by the monkr, under the character of a man of piety ; Dunfian was even canonized; and is one of thofe numerous faints of the fame (lamp who difgrace the Romifh calendar. Meanwhile the unhappy Edwy was excommunicated , and purfued with unrelenting vengeance; but hi, death, which happened foon after, freed his enemies from all farther inquietude, and gave Edgar peaceable pofleffion of the government.** EDGAR. THIS prince, who mounted the throne in fuch early youth, foon difcovered an excellent capacity in the adminiftration of affairs ; and his reign is one of the moft fortunate that we meet with in the ancient Englifh hiftory. He fhowed no averfion to war; he made the wifefl mrepa- rations againft invaders: And by this vigour and foref.ght he was enabled, without any danger of fuffering infults, to indulge his inclination towards peace, and to employ himfelf in fupporting and improving the internal govern ment of his kingdom. He maintained a body of diicipiin- ed troops ; which he quartered in the north, in order to keep the mutinous Northumbrians in fubjeftion, and tore- pel the inroads of the Scots. He built and fupported a powerful navy || ; and that he might retain the feamen in the practice of their duty, and always prefent a formidable armament to his enemies, he Oationed three fquadrons off tliecoafl:, and ordered them to make, from time to time, the circuit of his dominionsff. The foreign Da*nes dared not to approach a country which appeared in fuch a pofture of defence: The domeftic Danes faw inevitable deftrudlion to be the confequence of their tumults and infurre&ions : The neighbouring fovereigns, the king of Scotland, the princes of Wales, of the Hie of Man, of the Orkneys, and * Cliron. Sax. p. 117. Flor. Whom p. 605. \Vallingford, p. 544. t Ho- et .en, p. 425. Oiberne, p. 109. + Brompton, p. 863. [ Higden, p. 2^5. ** See note [BJ at the end of the volume, fj- See note [Cj at I he end of the volume. EDGAR. ^9 even of Ireland*, were reduced to pay fubmiflion to fo CHAP, formidable a monarch. He carried his fuperiority to a II. great height, and might have excited an univedal combi- v . f nation againft him, had not his power be; n fo well eftab- liftied, as to deprive his enemies of all hopes of making it. Itisfaid, that refiding once at Chefter, and having purpoted to go by water to the abbey of St. John the Bap- tilt, he obliged eight of his tributary princes to row him in a barge upon the Decf. The Englilh hillorians are fond of mentioning the name of Kenneth III. king of Scots, among the number : The Scottifh hiftorians either deny the fad, or affeit that their king, if ever he acknowledg ed himfelf a vaffal to Edgar, did him homage, not for his crown, but for the dominions which he held in England. BUT the chief means by which Edgar maintained his authority, and preierved public peace, was the paying of court to Dunftan and the monks, who had at firft placed him on the throne, and who, by their pretenfions to fupe- rior fantlity and purity of manners, had acquired an afcen- dant over the people. He favoured their fcheme for dif- podeiling the fecular canons of all the monafi cries j; he bellowed preferment on none but their partizans; he al lowed Dunftan to rcfign the fee of Worcefter into the hands of Ofwald,one of his creatures!); and to place Ethelwoid, another of them, in that of Winchefter** ; he confulted thefe prelates in the adminiftration of all ecclefiaftical, and even in that of many civil affairs ; and though the vigour of his own genius prevented him from being impli citly guided by them, the king and the bifhops found fuch advantages in their mutual agreement, that they always ac ted in concert, and united their influence in preferring the peace and tranquillity of the kingdom. IN order to complete the great work of placing the new order of monks in all the convents, Edgar fummoned a general council of the prelates and the heads of the religi ous orders. He here inveighed, againft the diflblute lives of the fecular clergy , the fmallnefs of their tonfure, which it is probable, maintained no longer any refemblance to the crown of thorns ; their negligence in attending the exercife of their function; their mixing with the laity in the plealures of gaming, hunting, dancing, and fmging ; and their openly living with concubines, by which it is VOL. I. N * S psll. Cor.c.p. 432. f \V. Malmef. lib. 2. cap. 8. Hoveden, p. 406. H. Hunting, lib. 5. p. 356. t Chion. sax. p. 117, 118. W. Malmef. lib. 2. cap. 3. Hoveden, p. 425, 426. Olbern?, p. 112. !i W. Malmef. lib. 2. cap. 8. Hoveden. p. 425. ** Gervafe, p. 1646. Brompton, p. 04 . Fler. Wljorii. p. 606. Chron. Abb. St. Petii de 2L;rgo, p. 27, 2?. 90 H I S T O 11 Y O F E N G L A N D. C HA P. commonly fuppofed he meant their wives. He then turned II. himfeif to Dunftan the primate ; and in the name of king v v > Edred, whom he luppoled to look down from heaven with indignation againft all thole enormities, he thus addrefled him : " It is you, Dunflan, hy whofe advice 1 founded " monafieries,- built churches, and expended my treasure " in the fupport of religion and religious houles. You " were my counlellor and affifiant in all my fchemes : " You were the director of my conicicnce : To you I " \vasobedientinallthings. When did you call for fup- " plies, which 1 refilled you? Was my aflifiance ever " wanting to the poor? Did I deny fupport and eftablifh- " inenfs to the clergy and the convents ? Did 1 not hearken " to your inftructions, who told me that thefe charit- cs " were, of all others, the moft grateful to my Maker, and " fixed a perpetual fund for the {"up port of religion ? " .And are all our pious endeavours now fruftrated by the " dilTolute lives of the priefts? Not that I throw any blame " on you : You have reafoned, befought, inculcated, in- " veighed - But it now behoves you to ule fharper and " more vigorous remedies; and conjoining your Spiritual " authqrity with the civil power, to purge effectually the " temple of God from thieves and intruders*." It iseafy to imagine, that this harangue had the defired effecl ; and that, when the king and prelates thus concurred with the popular prejudices, it was not long before the monks pre vailed, and ellablifhed their new discipline in almoft all the convents. WE may remark, that the declamations againft the fe~ cular clergy are, both here and in all the hiftorians, con veyed in general terms; and as that order of men are com monly retrained by the decency of their character, it is difficult to believe that the complaints againft their difTo- lute manners could be fo univerfally juft as is pretended. It is more probable that the monks paid court to the popu lace by an afieilcd auflerity of life ; and reprefenting the moft innocent liberties, taken by the other clergy, as great and unpardonable enormities, thereby prepared the way for the encreate of their own power and influence. Edgar, however, like a true politician, concurred with the prevail ing party; and he even indulged them in pretenfions, which, though they might, when complied with, engage the monks to fupport royal authority during his own reign, proved afterwards dangerous to his fucceflors, and gave dii- turbanre to the whole civil power. He leconded the policy of the court of Rome, in granting to iome monaft cries an * Abbas Rieval. p. 360, 361. Spell. Cone. p. 476,477,478. EDGAR. 9 exemption from epifcopal jurifdiclion : He allowed the c H A ! <:on vents, even thofe of royal foundation, to ufurp the II. election of their own abbot : And he admitted their for- v . Aeries of ancient charters, by which, from the pretended grant of former kings, they afTumed many privileges and immunities*. THESE merits of Edgar have procured him the higheft panegyrics from the monks; and he is tranfmitted to us, not only under the character of a confummate ftateimau and an acYive prince, praifes to which he feems to have been juftly entitled, but under that of a great faint and a man of virtue. But nothing could more betray both his hypocnfy in inveighing againft the licentioufnefs of the fecular clergy, and the interefted fplrit of his partifans, in beftowing fuch eulogies on his piety, than the ufual tenour of his conduct, which was licentious to the higheft degree, and violated every law, human and divine. Yet thofe very monks, who, as we are told by Ingulf, a very ancient hiftorian, had no idea of any moral or religious merit, ex cept chaftity and obedience, not only connived at his enor mities, but loaded him with the greateft praifes. Hiftory, however, has preferved fome inftances of his amours, from which, as from a fpecimen, we may form a conjecture of the reft. EDGAR broke into a convent, carried offEditha, a nun, bv force, and even committed violence on her perfonf. For this aft of facrilege he was reprimanded by Dunftan ; and that he might reconcile himfelf to the church, he was obliged not to ieparate from his miftrefs, but to abflain from wearing his crown during feven years, and to deprive himfelf fo long of that vain ornament | : A punishment very unequal to that which had been inflicted on the un fortunate Edwy, who, for a marriage which in the ftricleft fenfe could only deferve the name of irregular, was expel led his kingdom, law his queen treated with fingular bar barity, was loaded with calumnies, and has been repre- fented to us under the moft odious colours. Such is the af- cendant which may be attained, by hypocrify and cabal, over mankind ! THERE was another miRrefs of Edgar s, with wbom he firft formed a connexion by a kind of accident. Faffing one day by Andover, he lodged in the hpufe of a noble man, whole daughter, being endowed with all tlie graces of perlbn and behaviour, enflamed him at fuft iiiiht with 1 * O * Chron. Sax. p. nS. \V. MaTmef. lib. . cap. . S"Meiii .Spicilc . ad Eadm. p. 140. 157. f \V. Ma in .{. lib. a. cap. 8. OlLitine, p. 3, 0, p. 457. Higdcn, p. 263. 267, ao3. Spell, tone. p. 4X1. t Oiben.e, p. in. 92 HISTORY OF 1 ENGLAND. C H A F. the higheft defire; and he refolved by any expedient to II. gratify it. As he had not leifure to employ courtfhip s v or addrefs for attaining his ptirpofe, he went directly to her mother, declared the violence of his paffion, and defired that the young lady might be allowed to pa is that very night with him. The mother was a woman of virtue, and determined not to diiV;onour her daughter and her family by compliance; but being well acquainted with the impetuofity of the king s temper, fhe thought it would be eafier, as well as fafer, to deceive than refufe him. She feigned therefore a fubmiffion to his will ; but fecrctly or dered a waiting-maid, of no difagreeable figure, to fteal into the king s bed, after all the company fhould be retired to reft. In the morning, before day-break, the damfel, agreeably to the injunctions of her miftrefs, offered to re tire; but Edgar, who had no referve in his pleafures, and whofe love to his bed- fellow was rather enflamed by enjoy ment, refuted his confent,and employed force and entrea ties to detain her. Elfleda (for that was the name of the maid), trufting to her own charms, and to the love with which, fhe hoped, The had now infpired the king, made probably but a faint refiftance; and the return of light dif- covered the deceit to Edgar. He had pa fled a night fo much to his fatisfalion, that he expreffed no difpleafure with the old lady on account of her fraud; his love was transferred to Elfleda ; fhe became his favourite miftrefs ; and maintained her afcendant over him till his marriage with Elfrida*. THE circumftances of his marriage with this lady were more fingular and more criminal. Elfrida was daughter and heir of Olgar, earl of Devonfhire ; and though (he had been educated in the country, and had never appeared at. court, fhe had filled all England with the reputation of her beauty. Edgar himfelf, who was indifferent to no ac counts of this nature, found his curiofity excited by the frequent panegyrics which he heard of Elfrida ; and re flecting on her noble birth, he refolved, if he found her charms anfwerable to their fame, to obtain pofleffion of heron honourable terms. He communicated his intention (o earl Atheiwold, his favourite ; but ufed the precaution, before he made any advances to her parents, to order that nobleman, on fome pretence, tc pay them a vifit, and to bring him a certain account of the beauty of their daughter. Atheiwold when introduced to the young lady, found ge neral report to have fallen fhort of the truth ; and being ac- * \V. MaL-r.ei". lib. s.cap. 3. Hirers, p. if 8. EDGAR. 93 tu;.ted by the moft vehement love, he determined to. facri- CHAP, fice to this new paffion his fidelity to his mafter, and to II. thetruft repofed in him. He returned to Edgar, and told ^N-^^-*^ him, that the riches alone, and high quality of Elfrida, had been the ground of the admiration paid her, and that her charms, far from being anywiie extraordinary, would have been overlooked in a woman of infeiior ftation. When he had, by this deceit, diverted the king from his purpole, he took an opportunity, after fome interval, of turning again the converfation on Elfrida : He remark ed, that though the parentage and fortune of the lady had not produced on him, as on others, any illufion with regard to her beauty, he could not forbear reflecting that fhe would, on the whole, be an advantageous match forhim,andmight, by her birth and riches, make him fufficient compenfation for the homelinefs of her perfon. If the king, therefore, gave his approbation, he was determined to make propofals in his own behalf to the earl of Devonfhire, and doubted not to obtain his, as well as the young lady s confent to the marriage. Edgar, pleafed with an expedient forefta- blifliing his favourite s fortune, not only exhorted him to execute his purpofe, but forwarded his fuccefs by his re commendations to the parents of Elfrida ; and Athehvold was foon made happy in the poffeffion of his miftrefs. Dreading however, the detection of the artifice, he em- ploved every pretence for detaining Elfrida in the country, and for keeping her at a diftance from Edgar. THE violent paffion of Athelwold had rendered him blind to the neceffary confequences which muft attend his conduct, and the advantages which the numerous enemies that always purfue a royal favourite, would, by its means, be able to make againfi him. Edgar was foon informed of the truth; but before he would execute vengeanceon Athel- wold s treachery, he refolved to fatisfy himfelf with his own eyes of the certainty and full extent of his guilt. He told him, that he intended to pay him a vifit in his caflle, and be introduced to the acquaintance of his new-married wife; and Athelwold, as he could not refufe the honour, only craved leave to go before him a few hours, that he might the better prepare every thing for his reception. He then difcovcred the whole matter to Elfrida ; and begged her, if me had any regard either to her own honour or his life, to conceal from Edgar, by every circumftance of drefs and behaviour, that fatal beauty which had feduced him from fidelity to his friend, and had betrayed him into fo many falfehoods. Elfrida promifcd compliance, though nothing was farther from her intentions. She deemed her- felf little beholdon to Athelwold for a paffion which had 94 H I S T O R Y O F E N G L A N D. CHAP, deprived her of a crown ; and knowing the force of her II. own charms, (lie did not defpair even yet of reaching that * / dignity, of which her hufband s artifice had bereaved her. She appeared before the king with all the advantages which the richeft attire and the mod engaging airs could beftow upon her, and me excited at once in his bofom the higheft love towards herfelf, and the moft furious defire of revenge againd her hufband. He knew, however, to diiTemble thefe paffions ; and feducing Athelwold into a wood, on pretence of hunting, he dabbed him with his own hand, and foon after publicly efpoufed Elfrida*. BEFORE we conclude our account of this reign, we mud mention two circumftances, which are remarked by hif- torians. The reputation of Edgar allured a great number of foreigners to vifit his court; and he gave them encou ragement to fettle in Englandf. We are told that they imported all the vices of their refpe6live countries, and contributed to corrupt the fimple manners of the natives if ; But as this fimplicity of manners, fo highly and often fo injudicioufly extolled, did not prelerve them from barbarity and treachery, the grcateft of all vices, and the mod inci dent to a rude uncultivated people, we ought perhaps -to deem their acquaintance with foreigners rather an advan tage; as it tended to enlarge their views, and to cure them of thofe illiberal prejudices and ruftic manners to which iflanders are often fubje6t. ANOTHER remarkable incident of this reign was the extirpation of wolves from England. This advantage was attained by the induftrious policy of Edgar. He took great pains in hunting and purfuing thofe ravenous animals; and when he found that all that efcaped him had taken ihelter in the mountains and forefts of Wales, he changed the tri bute of money impoled on the Welfh princes by Athelftan, his predeceflor |l, into an annual tribute of three hundred heads of wolves; which produced fuch diligence in hunt ing them, that the animal has been no more feen in this iiland. EDGAR died, after a reign of fixteen years, and in the thirty-third of his age. He was fucceeded by Edward, whom he had by his tirft marriage with the daughter of earl Oi dmer. * W. Malm, 11L. 2. cap. S. Hoveden, p. 426. Brompton. p. 865, 56f>. Flor. Wigorn. p. fcob. Higden, p. s6S. f Chron. Sax. p. 116. U. Hunting, lib. 5. p. 3-6. Brompton, p. 863. J XV. Malmri. Lb, a. cap. 3. || W. Malmef. lib. a.cap. 6. Bmrtviton.p. 8;-!. ( 95 ) EDWARD THE MARTYR. I ^ H E fucceffion of this prince, who was only fifteen years A of age at his father s death, did not take place without 95/ much difficulty and oppofition. Elfrida, his ftep-mother, had a ion, Ethelred, leven years olcl, whom ihe attempted to raife to the throne : She arlirmed, that Edgar s marriage with the mother of Edward was expofcd to intuperable objections; and as (lie had poileiFed great credit with her hufbaud, (he had found means to acquire partifans, who fecondcd all her pretenfions. But the title of Edward was fupported by many advantages. He was appointed fuccef- for by the will of his father*: He was approaching toman s e^ate, and might foon be able to take into his own hands the reins of government : The principal nobility, dread ing the imperious temper of Elfrida, were averfe to her fori s government, which muft enlarge her authority, and probably put her in poffeffion of the regency: A- bove all, Dunftan, whole character of fanctity had giv en him the higheft credit with the people, had efpoufed the cauleof Edward, over whom he had already acquired a great afcendantf ; and he was determined to execute the will of Edgar in his favour. To cut oft all oppofite pretenfions, Dunftan refolute-ly anointed and crowned the young prince at Kingfton; and the whole kingdom, with out farther difpute, fubmitted to him $. IT was of great importance to Dunftan and the monks, to place on the throne a king favourable to their caufe : The iecular clergy had ftill partifans in England, who wifhed to fupport them in the poffeffion of the convents, and of the ecclefiaftical authority. On the firfl intelligence of Ed gar s death, Alfere, duke of Mercia, expelled the new or ders of monks from all the monafieries \vhich lay within his jurii diclionll; but Elfwin, duke of Eaft-Anglia, and Brith- not, duke of the Eall-Saxons, protected them within their territories, and infifted upon the execution of the late laws enacted in their favour. In order to fettle this controversy, there were fummoned feveral fynods, which, according to the practice of thole times, confided partly of ecclefiaftical members, partly of the lay nobility. The monks were * Hoveden, p. 427. F.admer, p. 3. t 1 jJiner, ex edit. Sel- .Icni, p. 3. + \V. Malm. lib. 2. cap. q. Hoveden, p. 427. Olberiv. 1 , p. 113- || Chton. Sax, p. 123. VV. Malmef lib. u. tao. 9. Ho . edcn, p. 427. Brompton, p. 870. Fbr. Wigoru. p. 6 9 6 HISTORY OF ENGLAND. CHAP. a ^^ e to P reva il i* 1 thefe aflemblies; though, as it appears, II. contrary to the fecret wilhes, if not the declared inclinati- y ^ -j on, of the leading men in the nation** : They had more invention in forging miracles to fupport their caufe ; or having been fo fortunate as to obtain, by their pretended aufterities, the character of piety, their miracles were more credited by the populace. IN one fynod, Dunftan, rinding the majority of votes againft him, role up, and informed the audience, that he had that inftant received an immediate revelation in behalf of the monks : The aflembly was fo aftonifhed at this in telligence, or probably io overawed by the populace, that they proceeded no farther in their deliberations. In another fynod, a voice iflued from the crucifix, and informed the members, that the eftabiilhment of the monks was founded on the will of heaven, and could not be oppofed without impiety*. But the miracle performed in the third lynod wasftiil more alarming: The floor of the hall in which the affembly met funk of a fudden, and a great number of the members were either bruifed or killed by the fall. It was remarked, that Dunftan had that day prevented the king from attending the fynod, and that the beam, on which his own chair flood, was the only one that did not fink un der the weight of the affembly f ; But fhefe circumfbnces, inftead of begetting any fufpicion of contrivance, were regarded as the furefl proof of the immediate interpolation of Providence, in behalf of thofe favourites of heaven. EDWARD lived four years after his acceflion and there paffed nothing memorable during his reign. His death alone was memorable and tragical^. This young prince was endowed with the moft amiable innocence of manners: and as his own intentions were always pure, he was inca pable of entertaining any fufpicion againft others. Though his fiep-mother had oppoffed his fucceffion, and had raifed a party in favour of her own fon, he always fhowed her marks of regard, and even exprefl ed, on all occafions, the moft tender affection towards his brother. He was hunting one day in Dorfetfhire ; and being led by the chafe near Corfecaftle, where Elfrida refided, he took the opportunity of paying her a vifit, unattended by any of his retinue, and he thereby prefented her with the opportunity which iLe ** W. Malmef. lib. 2. cap. 9. * W. Malmef. lib. 2. cap. 9. Ofberne, p. in. Gervafe, p. 1647. Bromp- ton, p. 870. Hieden, p. ^69. f Chron. Sax. p. 124. W. Malmef, lib. 2. cap. o. Hovedcn, p. 427. H. Hunting, lib. 5. p. 357. Gervafe, p. 1647. Brompton, p. 870. Flor. Wigom.p. 607. Higden, p. 269. Chron. Abb. St. I eiride Burgo, p. 29. Chron. Sax. p. 124. EDWARD THE MARTYR. 97 had long wiftSed for. After he had mounted his horfe, he CHAP, defired lome liquor to be brought him: While he was hold- ]I. ing the cup to his head, a fervant of Elfrida approached v v J him, and gave him a ftab behind. The prince, finding himfelf wounded, put fpurs to his horfe; but becoming faint by lofs of blood, he fell from the faddle, his foot (luck in the ftirrup, and he was dragged along by his unruly horfe till he expired. Being tracked by the blood, his body was found, and was privately interred at Warehamby his lervants. THE youth and innocence of this prince, \vith his tragi cal death, begat Inch compaffion among the people, that they believed miracles to be wrought at his tomb ; and they gave him the appellation of martyr, though his murder had no connexion with any religious principle or opinion. Elfrida built monafterics, and performed many penances, in order to atone for her guilt; but could never, by all her hy pocrify or remorfes, recover the good opinion of the pub lic; though fo eafily deluded in thofe ignorant ages. VOL 1. O CHAP. III. Ethelred Settlement of the Normans Edmund Iron- Jide Canute Harold Harefoot Hardicanute Edward iht Co rife/for Harold. E T II E L R E D. r ~r n H E freedom which England had fo long enjoyed A 1. j__ from the depredations of the Danes, feems to have proceeded, partly from the eftablifhments which that pira tical nation had obtained in the north of France, and u Inch employed all their fuperfluous hands to people and maintain them ; partly from the vigour and warlike fpirit of a long race of EngHfh princes, who preferred the king dom in a pofture of defence by lea and land, and either prevented or repelled every attempt of the invaders. But a new generation of men being now fprung up in the northern regions, \vho could no longer difburthen themfelves on Normandy ; the Er.glifh had reafon to dread that the Danes would again vi it nn iiland to which they were invited, both / the memory of their pall iucceiTes, and by the expecta tion of alfiftance from their countrymen, who, .though long eitabliihed in the kingdom, were not yet thoroughly in corporated with the natives, nor had entirely forgotten their inveterate habits of war and depredation. And as the reigning prince was a minor, and even when he attain ed to nuiii s eitate, never difcovered either courage or capa city fuHicient to govern his own fubjefts, much lei s to repel a formidable enemy, the people might juflly apprehend the woril calamities from io dangerous a crifis. .Tns Danes, before they duril attempt any important enterprile againll England 1 , made an inconfiderabledefcent l>v \\-ay of trial ; and having landed from feven veflels near Hauthan t;ton, they ravaged the country, enriched them- leives by fpui i, and departed with impunity. Six years sfu-r, they in.idc a like Attempt iu the weft, and met with E T H E L R E D. 99 like fuccefs. The invaders, having now found affair- in C H A. P. a very different fituation from that in which they formerly III. appeared, encouraged their countrymen to aflemble a v v J greater force, and to hope for more confiderable advanta ges. They landed in Eflex, under the command of t\vo leaders; and having defeated and flain at Maldo.n, Brith- not, duke of that county, who ventured, with a fmall body to attack them, they tpread their devaluations over all the neighbouring provinces. In this extremity, Ethclred, to whom hiftorians give the epithet of the Unready, inilead of routing his people to defend with courage their honow and their property, hearkened to the advice of Siricius, archbimop of Canterbury, which was fccondcd by many of the degenerate nobility; and paying the enemy the fum of ten thoufand pounds, he bribed them to depart the kingdom. This fhameful expedient was attended with the fuccefs which might be expedled. The Danes next year appeared off the eaftern co^ft, in hopes of fubduing a people who defenJed themfehcs by their money, which invited affailants, inilead of their arms, which repelled them. But theEngliih, fenfible of their folly, had, in the interval, affembled in a great council, and had determined to collect at London a fleet able to give battle to the ene my* ; though that judicious mealure failed of fuccefs, from the treachery of Alfricduke of Mercia, whofe name is infamous in the annals of that age, by the calamities which his repeated perfidy brought upon his country. This nobleman had, in 983, fucceeded to his father, Al- fere, in that extenfive command ; but being deprived of it two years after, and banifhed the kingdom, he was obliged to employ all his intrigue, and all hh power, which wss too great for a fubjett, to be reftored to his country, arri reinftated in his authority. Having had experience of the credit and malevolence of his enemies, lie thenceforth truf- ted for fecurity, not to his fervices, or to the affections of his fellow-citizens, but to the influence which he had obtained over his vatTals, and to the public calamities, which he thought muft, in every it volution, lender h:^ afliflnnce necetlary. Having fixed this resolution, he de termined to prevent all fuch fuccelu> r^ nih-ht eftablih the loyal authority, or render his own iitu.ition dependent or precarious. As tlic Englifti hnd formed the plan of fur- rounding and dellroying the DaniiL (ioct in harbour, he privately informed the enemy of their . Linger ; and when they put to fea, in conlequence of this intelligence, he de- lerled to them, v.ith the Iquadron under his command, tljc> .c .i. : ax. p loo HISTORY OF EN GLAND. CHAP, night before (he engagement, and thereby difappointed a\\ III. the efforts of his countrymen*. Rthelred, enraged at his v v perfidy, feized his fon Alfgar, and ordered his eyes to he put outf. But fuch was the power of Alfric, that he again forced himfelf into authority ; and though he had given this fpecimen of his character, and received this grievous provocation, it was found necciTary to entruft him anew with the government of Mercia. This conduct of the court, which in all itscircumftanccs is fo barbarous, weak, and imprudent, both merited and prognofti at ed the mott grievous calamities. THE northern invaders, now well acquainted with the defencelefs condition of England, madea powerful defcent under the command of Sweyn king of Denmark, and Olavc king of Norway; and failing up the Humber, fpread on all fides their definitive ravages. Lindeiey was laid wafte; Banbury was deflroyed ; and all the Northumbrians, though inoftly of Danilh defcent, were conflrained either to join the invaders, or to fuller under their depredations. A powerful aimy was aflembled to oppofe the Danes, and a general afticn enfued ; but the Engliih were dcferted in the battle, from tlie cowardice or treachery of their three leaders, all of them men of Danifhracc, Frena, Frithe- gifl, and Godwin, who gave the example cf a fhameful flight to the troops under their command . ENCOURAGED by this fuccefs, and fHll more by the contempt which it infpired for their enemy, the pirates ventured to attack the centre of the kingdom ; and enter ing the Thames in ninety-four veffels, laid fiege to Lon don, and threatened it with total deftruliori. But the citi zens, alarmed at thci danger, and firmly united among themfelves, made a bolder defence than the cowardice of the nobilitv and gentry gave the invaders reafon to appre hend ; and the befiegers, after luffering the greatcft hard- ihips, were finally fruftratcd in their attempt. In order to revenge themfelves, they laid wade Efiex, SuiTex, and Hamplhirc ; and having there procured horfes, they were thereby enabied to fpread, through the more inland coun ties, the fury of their depredations. In this extremity, Ethel red and his nobles had recourie to the former expe dient; and iendingambafladors to the two northern kings, they promifed them fubfiftcnce and tribute, on condition they would, for the prcfent, put an end to their ravages, and foon after depart the kingdom. Sweyn and Olave agreed to the terms, and peaceably took up their quarters * Chron. Sax. p. 127. \V. Malm. p. 62. Kigden. p. 770. f Chion. Sax. p. 128. \V. Malm. p. 0^. E T H E L R E D. 101 at Southampton, where the fum of fixteen thoufand pounds C H A P. was paid to them. Olave even made a journey to Ando- 111. ver, where Ethelred refided ; and he received the rite of v J confirmation from the Enghfh bifhops,as well as many rich prefents from the king. He here promifed that he would never more infeft the Englifh territories ; and he faithfully fulfilled the engagement. This prince receives the appel lation of St. Olave from the church of Rome; and not- withftandhlg the general prefumpiion which lies either againft the underftanding or morals of every one who^ia thofe ignorant ages was dignified with that title, he feems to have been a man of merit and of virtue. Sweyn, though lefs fcrupulous than Olave, was conftrained, upon the de- pirture of the Norwegian prince, to evacuate allb the king dom with all his followers. THIS compofition brought only a (hort interval to the 997. rniieries of the Englifh. The Danifh pirates appeared loon after in the Severne; and having committed fpoil in Wales, as well as in Cornwal and Devonfhire, they failed round the fouth coaft, and entering the Tamar, completed the devaluation of thefe two counties. They then returned to the Briftol-channel ; and penetrating into the country by the Avon, fpread themfelves over all that neighbourhood, and carried fire and fword even into Dorl etfiiire. They riext changed the feat of war; and after ravaging the Ifle of Wight, they entered the Thames and Medway, and laid fiege to Rochefier, where they defeated the Kentifh- men in a pitched battle. After this victory, the whole province of Kent was made a fcene of {laughter, fire, and devaluation. The extremity of thefe miferies forced the Englifh into counfeis for common defence by fea and land; but the weaknefsof the king, the divifions among the no bility, the treachery of fame, the cowardice of otheis, the want ot concert in all, frustrated every endeavour : Their fleets and armies either came too lste to attack the enemy, or were repulfed with difhonour; and the people were thus equally juined by refiftance or by fubmiffion. The Eng- liih, therefore, deflitute both of prudence and unanimity in council, of courage and conduct in the field, had rc- courfe to the weak expedient which by experience they had already found fo ineffectual : They offered the Danes to buy peace, by paying them a large fum of money. Thefe ravagers role continually in their demands; and now required the payment of 2^,000 pounds, to which the Englifh were fo mean and imprudent as to fubmit*. The departure of the Oa^es procured them another fhort intcr- * Hovcdcn, p. ^19. Chrcn. Mji!r. p. 153. J02 II I 5 T O R Y O F E N G L A N D. C H A P. val of rcpofc, which they enjoyed as if it were to be per- III. p: j tual, without making any effectual preparations for a v more vigorous refiftance upon the next return of the enemy. BESIDES receiving this fum, the Danes were engaged by another motive to depart a kingdom which appeared fa little in a fituation to refift their efforts: They were invited over by their countrymen in Normandy, who at this time were hard prefTed by the arms of Robert king of France, and who found it difficult to defend the fettlement which, with io much advantage to thcmielves and glory to Incli nation, they had made in that country. It is probable alfo, that Ethelred, obferving the clofc connexions thus main tained among all the Danes, however divided in govern ment or fituation, was defirous of Jorming an alliance with that formidable people : For this purpole, being new a widower, he made his addreffes to Emma, fifler to Richard II. duke of Normandy, and he ibcn fucceeded in his ne- looi. gociation. The princefs came over this year to England, and was married to Ethelred*. Settlement IN the end of the ninth, and beginning of the tenth of the Nor- century, when the north, riot yet exhaufted by that multi tude of people, or rather nations, which fhe had fuccefiive- ly emitted, fent forth a new race, not of conquerors, as before, but of pirates and ravagers, who infefted the coun tries pofiefled by her once warlike fons; lived Rollo, n petty prince or chieftain of Denmark, whofe valour and abilities foon engaged the attention of his countrymen. He was expofcd in his youth to the jealoufy of the king cf Denmark, who attacked his frnall but independent princi pality ; and who, being foiled in every afiault, had re- courfe at lafl to perfidy for elFedling his purpofe, which he had often attempted in vain by force of armsf : He lul led Rollo into fecurity by an infidious peace; and falling fuddenly upon him, murdered his brother and his braveft officers, and forced him to ily for fafety into Scandinavia. Here many of his ancient fubjeifts, induced partly by af- fertion to their prince, partly by the oppreffions of the Danifh monarch, ranged ihemfelvcs under his ftandard, and offered to follow him in every enterprise. Rolio, inftead r.f attempting to recover his paternal dominions, where he inuft expect a vigorous refiilance from the Danes, determin ed to "purfue an eafier but more important undertaking, and to mafre his fortune, in imitation of his countrymen, by pillaging the richer and more fouthern coafts oi Europe. * H. Km;:, -p- v-n. Mirdcn, p. 971. f Du lo, ex edit. DiKnefre, p. 70, 71. C .ui. ticmetiottiis, l:l\ i . cj t :. ?, 5. E T II E L R E D. 103 lie collected a body of troops, which, like that of all thofe CHAP, ravagers, was compofed of Morwegians, Swedes, Frifians, III. Danes, and ad venturers of all nations, who being accuflom- * - / ed to a roving unfettled life, took delight in nothing but war and plunder. His reputation brought him atlbciates from all quarters; and a vifion, which he pretended to have appeared to him in his fleep, and which, according to his interpretation of it, prognoflicated the greatelt fuc- cefies, proved alio a powerful incentive with thole igno rant and fuperftitious people*. THS ft HI attempt made by Rollo was on England, near the end of Alfred s reign; when tiuit great monarch, hav- ingfettled Guthrum and his followers in Eafl-Anglh, and others of thofe freebooters in Northumberland, and having reftored peace to his harafled country, had eftablilhed the moft ex cellent military as well as civil inftitutions among the Englilh. The prudent Dane, finding that no advan tages could be gained over Inch a people, governed by fuch a prince, ibon turned his enterpriies againll France, which he found more expoled to his inroads f ; and durins the reigns of Eudes,an ufurper, and of Ch.arles the Simple, a weak prince, he committed the moft deftru<5tive ravages both on the inland and maritime provinces of that king dom. The French, having no means of defence againll a leader, who united all the valour of his countrymen with the policy of more civilised nations, were obliged to fub- mit to the expedient prattiied by Alfred, and to offer the invaders a fettlement in fome of thole provinces which they had depopulated by their armsj. THE reafon why the Danes for many years purfued meafures fo different from thofe which had been embraced by the Goths, Vandals, Franks, Burgundians, Lombards, and other northern conquerors, was the great difference in the method of attack which was pradifed by thefe feveral nations, and to which the nature of their reipective fitua- tions necefTarily confined them. The latter tribes, living in an inland country, made incurfions by land upon the Roman empire; and when they entered far into the fron tiers, they were obliged to carry along with them their wives and families, whom they had no hopes of ibon re- vifiting, and who could not otherwife participate of their plunder. This circumflance quickly made them think of forcinga fettlement in the provinces which they had over run; and theie barbarians, fpreading themfelves over the country, found an intereft in protecting the property and * Dudo, p. 71. Gul. Gem. i epift. adGul. Conq. f Gul. Geinct. lib, 2. cap. o. . .;.io, p. Sz. T04 HISTORY OF ENGLAND. CHAP iuduftry f" tne people whom they had fubdued. But the HI. Danes and Norwegians, invited by their maritime fituation,- t and obliged to maintain themfelves in their uncultivated country by fifhing, had acquired fome experience of na vigation ; and in their military excurfions purfued the me thod practifed againft the Roman empire by the more earlv Saxons : They made defcents in fmall bodies from their ihips, or rather boats, and ravaging the coafts, returned with the booty to their families, whom they could not con veniently carry along them in thofe hazardous enterprifes. But when they encreafed their armaments, made incurfions into the inland countries, and found it fafe to remain lon ger in the midft of the enfeebled enemy, they had been accuflomed to crowd their veffelswith their wives and chil dren, and having no longer any temptation to return to their own country, they willingly embraced an opportuni ty of fettling in the warm climates and cultivated fields of the fouth. A r FAIRS were in this fituation with Rollo and his fol lowers, when Charl es propofed to relinquifh to them part of the province formerly called Neuftria, and to purchafe peace on thefe hard conditions. After all the terms were fully fettled, there appeared only one circumftancc (hock ing to the haughty Dane: He was required to do homage to Charles for this province, and to put himfelf in that humiliating pofture impofed on vaffals by the rites of the feudal law. He long refuied to fubmit to this indignity ; but being unwilling to lofe fuch important advantages for a mere ceremony, he made a facrifice of his pride to his intereft, and acknowledged himfelf, inform, thevaflalof the French monarch*. Charles gave him his daughter Giila in marriage ; and, that he might bind him fafler to his interefts, made him a donation of a confiderable terri tory, befides that which he was obliged to furrender to him by his ftipulations. When fome of the French no bles informed him, that, in return for fo generous a prefer.f, it was expected that he fhould throw himfelf at the king s feet, and make fuitable acknowledgments for his bounty; Rollo replied, that he would rather decline the prefent ; and it was with fome difficulty they could perfuade him to make that compliment by one of his captains. The Dane, commiflioned for this purpofe, full of indignation at the order, and defpifmg fo unwarlike a prince, caught Charles by the foot, and pretending to carry it to his mouth, that he might kifs it, overthrew him before all his courtiers- * Ypod. Newft. p. 417, E T H E L R D. 10*5 The French, fenfible of their prefent weaknefs, found it c H A P. prudent to overlook this infultf. III. ROLLO, who was now in the decline of life, and was ^ ^ ^ tired of wars and depredations, applied himfelf, with ma ture counfels, to the lettlement ot his new-acquired terri tory, which was thenceforth called Normandy ; and he parcelled it out among his captains and followers. He followed, in this partition, the cuftoms of the feudal law, which was then univerfally eftablifhed in the fouthern countries of Europe, and which fuited the peculiar cir- cumllances of that age. He treated the French fubjefts, who fubmitted to him, with mildnefs and juftice; he re claimed his ancient followers from their ferocious violence ; he effoblifhed law and order throughout his ftate; and af ter a life fpent in tumults and ravages, he died peaceably in a good old age, and left his dominions to his pofte- rityj. WILLIAM I. who fucceeded him, governed the dutchy twenty-five years; and, during that time, the Normans were thoroughly intermingled with the French, had ac quired their language, had imitated their manners, and had made fuch progrefs towards cultivation, that, on the death of William, his fon Richard, though a minor||, inherited his dominions: A fure proof that the Normans were alrea dy fomewhat advanced in civility, and that their govern ment could now reft fecureon its laws and c,ivil inftituti- ons, and was not wholly fuftained by the abilities of the fovereign. Richard, after along reign of fifty-four years, was fucceeded by his fon of the fame name, in the year 996** ; which was eighty-five years after the firft eftablifli- ment of the Normans in France. This was the duke who gave hisfifler Emma in marriage to Ethelred king of Eng land, and who thereby formed connections with a coun try which his pofterity was fo foon after deflined to fub- due. THE Danes had been eftablifhed during a longer period in England than in France ; and though the limilarity of their original language to that of the Saxons, invited them to a more early coalition with the natives, they had hitherto found fo little example of civilized manners among the Englifh, that they retained all their ancient ferocity, and valued themfelves only on their national character of mili tary bravery. The recent as well as more ancient atchieve- VOL. I. P f Gul. Gemet. lib. 2. cap. 17. J Gul. Gemer. lib. 2. cap. 19, 20, 21. l| Order. Vitalis, p. 459. Gul. Geiact. lib. 4, cap. i. ** Order. Vitalis, p. 459. io6 HISTORY OF ENGLAND. C H A P. rnentsof their countrymen, tended to fuppo-t this idea; III. and the Englilli princes, particularly Atheiltarj and Edaar, v v ienfrhle of that iuperionty, had been aceuftciHed to keep in pay bodies of DanHh troops, who were quartered about the country, and committed many violences upon the in habitants. Thefe mercenaries had attained to inch a heigh* of luxury, according to the old Englilh writers*, that they combed their hair once a day, bathed thernfelves once a week, changed their clothes frequently; and by all thelc aits of effeminacy^ as well as by their military character, had rendered themielves fo agreeable to the fair fex, that t:;-jv debauched the wives and daughters of the Englifhj and dishonoured iiuny families. But what moit provoked the inhabitants was, that infiead of defending them againfi invaders, they were ever ready to betray them fo the fo reign Dane s, and toafiociaie ihemfelves with all flraggling pjtties or* that nation. The animofity between the inha- bitjirj s cf" Engliih and Dan ifh race had, from thefe icpeat- ed injuries, lifen to a great height; when Ethelred, from a policy incident to weak princes, embraced the cruel refo- iu tion of maflacring the latter throughoutall hisdominionsf. Secret orders were difpatched to commence the execution efrery where on the fame day : and the fcftival of St Brice, yov. i?. which fell on a Sunday, the day on which the Danes ufu- ally bathed thernfelves, was chofen for that purpofe. It is needlcisto repeat the accounts trdnfrnitted concerning the barbarity of thismaffacre : The rage of the populace, ex cited by fo many injuries, fantincd by authority, and fH- mulated by example, diftinguimed not between innocence and guilt, fpared neither fex not age, and was not fatiated without the tortures as well as death t>f the unhappy vic tims. Even Guntlda, filter to the king of Denmark, who had married carl Paling, and had embraced Chriftianity, was, by the advice of Pdric, earl of Wilt;;, leized and condemned to death by Ethelred, after feeing her hufband and children butchered before^her face. This unhappy princeis foretold, in the agonies of deip.sir, that her mur der would loon be avenged by the total ruin of the Eng- lifh nation. :toj. NEVER was prophecy better fulfilled ; and never did barbarous policy prove more fatal to the authors. Sweyn and his Danes, who wanted but a pretence for invading the Enid Jill, appeared oif the we f tern coait, and threatened to take full revenge for the flaughter of their countrymen. Exeter fell firit into their hands, from the negligence or treachery of earl Hugh, a Norman, who had been made * Wallinsford, p. i\j. ) See note [D] at the end cf the. volume. E T H E L R D. is; governor bv the intereft of queen Emma. They began to c HAP i prcad their devafhtions over the country; when (he Ens- 111. 3ilh, fenfihle what outrages they muft now expert from v , their barbarous and offended enemy, atlembled more ti .v- Jy, and in grrater numbers than ufual, and made nn ap pearance of vigorous refinance. But all thefe preparati ons were frufirated by the treachery of duke Alfric, who was intruded with the command, and who, feigning fick- nefs, refufed to lead the army againft the Danes, til! it wasdifpirited, and at laft diffinated, by his fatal mifcor.duc~i. Aifric foon after died; and EdfriC, a greater traitor than he, who had married the king s daughter, and had acquired a total alceri.lant over him, fucceeded Alfric in the govern ment of Merlin, and in the command of the Englifh ar mies. A great famine, proceeding partly from the bad ic:\~ 4bns, partly from the decay of agiicultnre, added to all the other mi (cries of the inhabitants. The country, wafted by the Danes, haralfed by the fruitlefs expeditions cf its own forces, was reduced to the utmoft defolaticn ; and at laft fubmltted to the infamy cf purchdfing a precarious peace from the enemy, by the payment of 30,000 pounds. i^oj. THE Englifh endeavoured to employ this interval in making preparations againft (he return of the Panes, which they had reafon loon to expect. A law was made, order ing the proprietors of eight hydes of land to piovide each a borfeman and a complete fuit of srniour ; and thofe of 310 hydeis to equip a fhip for the defence of the coaft. When this navy was afiemhled, which n;i ft have conf.fted of near eight hundred veffe s*, all hopes of its fuccefs xvere difapppinlcd by the fcwSiions, animofiti^s, and differ. iionr; of the nobility. Edric had impelled his brother Brightric .to prefer an accusation oftreafon agvtinft Wclfnoth, gover nor of Suffex, the father of the famous earl Godwin ; anil l!:.;t nobleman, well acquainted with the malevolence as welia^ power of his enemv, found i?o means of ^- etv but in deferting with twenty fhips to the DJ^CS. Hrightric prr- fued rtim with a fi;*et of eighiy fail; but his fhips being (battered in a tejnpeft, and ftr-inded on the craft, he was Suddenly attacked by VVoli nctii, and ail his veP.els burnt and deitioyed. I tie imbecility of ti-.c kitip; \v;is iinie ca pable of repair. nit Uiis luisfortunc : Tlie trcachc-ry cf E- dric truftratcd every plan tor futuie -Jefcnct-: And the Ktj?;- lilli navy, ciiil\5i:t. .^ ;./N , ti^ ri nn-;." d, r.nddniJed, was at Jail fcuttered into its feveral lu i Lours. * 1 \\rrr wer- _ , - !n I re .:: 1 !. : ;.;"c ... i.A : c 7^- ;. : , - loS HISTORY OF ENGLA ND. CHAP. IT is ahnoft impoffible, or would be tedious, to relate 111. particularly all the miferies to which the Englifh were v v thenceforth expofed. We hear of nothing but the facking and burning of towns ; the devaluation of the open coun try ; the appearance of the enemy in every quarter of the kingdom ; their cruel diligence in difcovcring any corner which had not been ranfacked by their former violence. The broken and disjointed narration of the ancient hiilo- riansis here well adapted to the nature of the war, which was conducted by fuch fudden inroads as would have been dangerous even to an united and well-governed kingdom, but proved fatal, where nothing but a general confterna- tion and mutual diffidence and diflenfion prevailed. The governors of one province refuled to march to the affiftance of another, and were at laft terrified from affembling their forces for the defence of their own province. General councils were iummoned ; but either no refohuion was taken, or none was carried into execution. And the only expedient in which the Englifh agreed, was the bale and imprudent one of buying a new peace from the Danes, by the payment of 48,000 pounds. THIS meafure did not bring them even that fliort inter val of repofe which they had expecled from it. The Danes, dilregarding all engagements, continued their devaluations and hoftilities ; levied a new contribution of 8000 pounds upon the county of Kent alone ; murdered the archbifhop of Canterbury, who had refuled to coun tenance this exaction ; and the Englifh nobility found no other refource than that of fubmitting every where to the Danifh monarch, fwcaring allegiance to him, and deliver- 1013. ing him hoftages for their fidelity. Ethelred, equally afraid of the violence of the enemy and the treachery of his own fubjects, tied into Normandy, whither he had lent before him queen Emma, and her two fons Alfred and Edward. Richard received his unhappy guefls with a gsnerofity that does honour to his memory. THE king had not been above fix weeks in Normandy 01 4 when he heard of the death of Sweyn, who expired at Gainfborough, before he had time to efjablifh himfelf in his new-acquired dominions. "The Englifh prelates and nobility, taking advantage of this event, lent over a de putation to Normandy ; invited Ethelred to return to them, cxpretvinga defire of being again governed by their na tive prince, and intimating their hopes that, being now tutored by experience, he would avoid all thofe errors which had been attended with inch misfortunes to himfelf and to his people. But the mifconduct of Ethelred was incurable ; and on his re fuming the government, he dif- E T H E L R E D. 109 covered the fame incapacity, indolence, cowardice, and CHAP, credulity, which had fo often expofed him to the infults 111. of his enemies. His fon-in-law, Edric, notwithstanding " ~ his repeated treafons, retained fuch influence at court, as to inftil into the king jealoufies of Sigefert and Morcar, two of the chief nobles of Mercia : Edric allured them in to his houfe, where he murdered them ; while Ethel- red participated in the infamy of the action, by confiscating their eftates, and thrufting into a convent the widow of Sigefert. She was a woman of fingular beauty and merit ; and in a vifit which was paid her, during her confinement, by prince Edmond, the king s eldeft fon, (he infpired him with fo violent an affection, that he releafed her from the convent, and foon after married her without the con- fent of his father. MEANWHILE theEnglifh found in Canute, the fon and fucceflfor of Sweyn, an enemy no lefs terrible than the prince from whom death had fo lately delivered them. He ravaged the eaftern coaft with mercilefs fury, and put afhore all the Englifh hoftages at Sandwich, after having cut off their hands and notes. He was obliged, by the neceffity of his affairs, to make a vovage to Den > mark ; but returning foon after, he continued his depre dations along the fouthern coaft : He even broke into the counties of Dorfet, Wilts, and Somerfet ; where an ar my was afTembled againft him, under the command of prince Edmond and duke Edric. The latter fti 1 ecu- timed his perfidious machinations ; and after endea vouring in vain to get the prince into his power, he found means to difperfc the army; and he then openly deferted IOI 5- to Canute with forty veiTels. NOTWITHSTANDING this misfortune, Edmond was not difconcerted ; but aflembling all the force of Enghnd, was in a condition to give battle to tht- enemy. The king had had fuch frequent experience of perfidy among his fubjecb, tha.t he had loft ali confidence in them : He remained at London, pretending ficknefs, but really from apprehenfions that they intended to buy their peace, by delivering him into tl^e hands of his enemies. The army called aloud for thcir fovereign to march at their head againft the Danes ; and, on his refufai to take the field, they were fo difcouraged, that t <ofe vaft preparations bc- cjme ineffectual for the defence of the kingdom. Edmond, deprived of all regular fi pplies to maintain his fokliers, was obliged to commit equal ravages with thofe which were practifrd by the Danes ; and after making foine fiuit- lefs expeditions into the nonli, which hid fnhmitted en tirely to Canute s power, he retiic4 to London, determin- no HISTORY OF ENGLAND. C K A P. eri (here to maintain, to the iaft extremity, the fmail TC- III. mains of EnglHh liberty. He here found every thing in v .. > confufion by the dtathof the king, who expired after an Iol6t unhappy and inglorious reign of thirty-five years. He left two fons by his rirft marriage. Edmond, who fucceed- ed him, and Ejvvy, whom Canute afterwards murder ed. His two fons by the fecond marriage, Alfred and Edward, were immediately, upon Ethelred s death, con veyed into Normandy by queen Emma. D M O N D IRONSIDE. THIS prince, who received the name of Ironfide from h.is hardy valour, poffetTed courage and abilities fufficient to have prevented his country from finking into thoie calamities, but not to raife it from that abyfs of mife- ry, into which it had already fallen. Among the other misfortunes of the Englifh, treachery and dilarfedtion had creeped in among the nobility and prelates; and Edmond found no better expedient for {topping the farther progrets of thefe fatal evils, than to lead his army inftantly into the lield, and to employ them againft the common enemy. After meeting with feme t uccefs at Gillingham, he pre pared himfelf to decide, in one general engagement, the fate of his crown ; and at Scoerfton, in the county ofGlo- ceficr, he offered battle to the enemy, who were com manded by Canute and Edric. Fortune, in the beginning of the day, declared for him ; but Edric, having cut oil" the head of or;e Ofmer, whole countenance refembled that of Edmond, fixed it on a fpenr, carried it through the ranks in triumph, and called aloud to the Englifh, that it was time to fly; for, behold! the head of their fove- reign. And though E,dmond, obferving the corfiernation of the trcops, took off his helmet and fbowed himfelf to them, the utinoft he could gain by hisaftivity and valour was to leave the victory undecided. Edric now tcok a furcr method to ruin him, by pretending to delcrt to him; and as Edmoriid was well acquainted with his power, and proba bly knew no o.ther of th? chief nobility in whom he could repofe more confidence, he was obliged, notwith- ftanding the repeated perfidy of the man, to give him n confiderable command in the army. A battle loon after enfued at Affington in Eflex ; where Edric, flying in the beginning of the dav, occanoned the total defeat of the English, followed by a great (laughter cf the nobility. C A N U T E. Hi The indefatigable Edmond, hovrc /er, liad lull rciources : Aflembiing a new army at Glcccfter, he was again in a condition todiipute the field ; when the Danifhai,d Er;g- lift) nobiiity, equally hnrafied with thole convulfic>ns, abli- ged their kings to come to a compromise, and to divide the kingdom between them by treaty. Canute refervcd to himfeif the northern diviiion, conliiting of Mcrcia, Eaft- Anglia, and Northumberland, which, lie had entiicly fub- dued : The louthern paitswere left lo Edmond. This prince linvived the treaty about a mouth : He was murder ed at Oxford by two of his chamberlains, accomplices cf Edric,who thereby made way for the i uccellion of Canute the Dtin. to the crown of England. CANUTE. TH E Englifh, who had been unable to defend their country, and maintain their independency, under io active and biave a prince as Edmond, could, after his death, expect nothing but total fubjecTton from Canute, who, adlive and brave himfelf, and at the head of a great force, was ready to take advantage of the minority of Edwin and Edward, the two fons of Edmond. Yet this conqueror, who was commonly fo little fcrupulous, fhowed himfelf anxious to cover his injuftice under plaufible pretences : Before he feizcd the dominions of the Englifh princes, he fummoned a general ailembly of the ftates, in order to fix the lucceffion of the kingdom. He here fuborned forr.e nobles to depofc that, in the treaty of Gloccfter, it had been verbally agreed either io name Canute, in cafe of Edmond s death, /ucceilbr to his dominions, or tutor to hh children (for hiflorians vary in this particular) : And that evidence, lupported by the great power of Canute, deter mined the dates immediately to put the Danifh monarch in poiYefnon of the government. Canute, jealous of the two princes, r Jt fenfible that lie fhould render himfelf ex tremely odious if he ordered them to be difpatched in Eng land, fcnt them abroad to his ally the king of Sweden, whom he defired, as foon as they arrived at his court, to free him by their death from all farther anxiety. The Swe- di!h monarch was too generous to comply with iherequefl; but being afraid of drawing on himfelf a quarrel with Ca nute, by protecting the young princes, he fcnt them to Solomon, king of Hungary, to be educated in his court. The elder Edwin was afterwards married to tho fificr of iia HISTORY OF ENGLAND. CHAP, the king of Hungary ; but the Englim prince dying with- III. out iflue, Solomon gave his fifler-in-law, Agatha, daughter v v of the emperor Henry II. in marriage to Edward the younger brother; and me bore him Edgar Atheling, Mar garet, afterwards queen of Scotland, and Lihriftina, who retired into a convent. CANUTE, though he had reached the great point of his ambition, in obtaining poffeflion of the Englifh crown, was obliged at firft to make great facrifices to it; and to gratify the chief of the nobility, by beftowing on them the moil cxtenfive governments and jurifdictions. He created Thur- kill earl or duke of Eaft-Anglia (for thefe titles were then nearly of the fame import), Yric of Northumberland, and Edric of Mercia; referring only to himfeif theadminiftra- tion of We (Tex. But feizing afterwards a favourable op portunity, he expelled Thurkill and Yric from their go vernments, and banifhed them the kingdom : He put to death many of the Englilh nobility, on whofe fidelity he couid not rely, and whom he hated on account of their diiloyalty to their native prince. And even the traitor Edric, having had the alTurance to reproach him with his fervices, was condemned to be executed,and his body to be thrown into the Thames; a fuitable reward for his multi plied ac\s of perfidy and rebellion. CANUTE alfo found himfeif obliged, in the beginning of his reign, to load the people with heavy taxes, in order to reward his Danim followers : He exacted from them at one time the fum of 72,000 pounds ; bcfides 1 1 ,000 pounds which he levied on London alone. He was probably wil ling, from political motives, to mull feverely that city, on account of the affection which it had borne to Edmond, and the refinance which it had made to the Danifh power in two obflinate fieges*. But thele rigours were imputed to neceffity ; and Canute, like a wife prince, was deter mined that the Englifh, now deprived of all their danger ous leaders, fhould be reconciled to the Danim yoke, by the juftice and impartiality of hisadminiftration. He lent back to Denmark as many of his followers as he could fafely ("pare : He reftored the Saxon cuftoms in a general aflembly of the ftates: He made no diftin<ftion between Danes and Engliih in the distribution of juftice : And he took care, by a ftricl execution of Jaw, to protect the lives and properties of all his people. The Danes were gradu ally incorporated with his new fubjecls; and both were glad to obtain a little refpitefrom thole multiplied calami- * W. Malm. p. 72. In one of thefe Geges, Canute diverted the couife of the Thames, and by that means brought his fhips above London bridge. CANUTE. 113 *ies from which the one, no lefs than the other, had, in their fierce conteft for power, experienced fudi fatal con- fequet:ces. THE removal of Edmond s children into fo diftant a country as Hungary, was, next to their death, regarded by Canute as the greateft fecurity to his government : He had no farther anxiety, except with regard to Alfred and Edward, who were prote&ed and fupported by their ui,cle, Richard duke of Normandy. Richard even fitted out a great armament, in order to reftore the Englifh princes to the throne of their anceftors; and though the navy was difperfedby aftorm, Canute law the danger to which he wasexpofed from the enmity of fo warlike a people as the Normans. In order to acquire the friendfhip of the duke, he paid his addreffes to queen Emma, filter of that prince ; and promifed that he would leave the children, whom lie fhould have by that marriage, in poffeffion of the crown of England. Richard complied with his demand, and fent over Emma to England, where fhe was foon after married to Canute*. The Englifh, though they difapproved of her efpoufmg the mortal enemy of her former hufband and his family, were pleafed to find at court a fovereign, to whom they were accuftomed, and who had already formed con nections with them : And thus Canute, befides (ecuring by this marriage the alliance of Normandy, gradually ac quired, by the fame means, the confidence of his own lub- jectst* The Norman prince did not long furvive the mar riage of Emma; and he left the inheritance of the dutchy to his eldeft fon of the fame name ; who dying a year after him without children, was fucceeded by his brother Ro bert, a man of valour and abilities. CANUTE, having fettled his power in England beyond all danger of a revolution, made a voyage to Denmark, in order to refift the attacks of the king of Sweden ; and he carried along with him a great body of the Englilh, under the command of eail Godwin. This nobleman had here an opportunity of performing a fervice, by which he both reconciled the king s mind to the Englifh nation, and, gaining to himtelf the friendlhip of his lovereign, laid the foundation of that immenfe fortune which he acquired to his family. He was now fiationed next the Svvedilh camp; and obferving a favourable opportunity, which he was obliged fuddenly to feize, he attacked the enemy in the night, drove them from their trenches, threw them into dif- order, purfued his ad vantage, and obtained a decifive vic- VOL. I. Q *Chron.Sax. p. 151. XV. Malinef. p. 73. f \V. Mahnef. p. 73. Hijden, p. 275. 1 1 4 . HISTORY OF ENGLAND. CHAP, tory over ihem. Next morning Canute, feeing the Eng- liJ. li!h camp entirely abandoned, imagined that thole dif- 1 v affecled troops had defeited to the enemy : He was agreea bly furprifed to find that they were at that time engaged in purfuitof the diicomfited Swedes. He was fo pleafed with his fuccefs, and with the manner of obtaining- it, that he bellowed his daughter in marriage upon Godwin, and treated him ever alter with entire confidence and regard. 1028. IN another voyage, which he made afterwards to Den mark, Canute attacked Norway, und expelling the juft but uir.varlike Olaus, kept poffeffion of his kingdom till the death of that prince. He hdd now by his cor.quefts and valour, attained the utmoft height of grandeur : Ha ving ieifure from wars and intrigues, he felt the unfatis- factory nature of all human enjoyments; and, equally weary of the glories and turmoils of this life, he began to cart his view towards that future exiftence, which it is fo natural for the human mind, whether fatiated by profperi- ty, or diigufted with adverfity, to make the object of its attention. Unfortunately, the fpirit which prevailed in that age gave a wrong direction to his devotion : L ftead of making compenfation to thofe whom he had iojuied by his former acls of violence, he employed himfelf entirely in thofe exercifes of piety which the monks reprefen*ed as the moil meritorious. He built churches, he endowed monasteries, he enriched the ecclefiaftic , and he befiowed revenues for the fupport of chantries at Arlington and other places; where he Appointed prayers to be faid for the fouls of thole vi ho had there fallen in battle againft him. He even undertook a pilgrimage to Rome, where he refided a confiderable time: Befides obtaining from the pope fome privileges for the Knglifh Ichool creeled theie, heengagtd all the princes, through whofe dominions he was obliged to p .fs, to deiiil from thofe heavy impofitions and tolls which they were accuftomed to exact from the Englifh pilgrims. By this fpirit of devotion, no lefs than by his equitable and politic administration, he gained, in a good meafure, the afteCtions of his fubjecls. CANUTE, the grcateft and moft powerful monarch of his time, fovereign of Denmark and Norway, as well as of England, could not fail of meeting with adulation from his courtiers; a tribute which is liberally paid even to the meaneft and weakcft princes. Some of his flatterers break- ingoutoneday in admiration of his grandeur, exclaimed that every thing was poflible for him: Upon which the mo narch, it is faid, ordered his chair to be let on the fea-friore, while the tide was rifing; and as the waters approached, he commanded them to retire, and to cbey the voice of CANUTE. ii 5 him who was lord of the ocean. He feigned to fit fome CHAP* time in expectation of their lubmiffion ; but when the lea III. ftill advanced towards him, arid began to warn, him with > , its billows, he turned to his courtiers, and remarked to them, that every creature in the univerfe was feeble and impotent, and that power refiaed with one Being alone, in whole hands were all the elements of nature; who could fay to the ocean, Thus Jar [halt thou go, and no farther ; and who could level with his nod the molt towering piles of human pride and ambition. THE only memorable action which Canute performed K-JI, after his return from Rome, was an expedition againft Malcolm, king of Scotland. During the reign of Ethel- red, a tax of a milling a hyde had been impolej on all the lands of England. It was commonly called Danrgdt ; becaufe the revenue had been employed, either in buying peace with the Danes, or in making preparations againft the inroads of trut hoftile nation. That monarch had re quired that the iame tax fhould be paid by Cumberland which was held by the Scots ; but Malcolm, a warlike prince, told him, that as he was always able torepulfe the Danes bv his own power, he would neither fubmit to buy peace of his enemies, nor pay others for refifting them. Ethelred, offended at this reply, which contained a fecret reproach on his own conduct, undertook an expedition againft: Cumberland ; but though he committed ravages upon the country, he could never bring Malcolm to a tem per more humble or fubmiffive. Canute, after his accef- (ion, fumrnoned the Scottifh king to acknowledge himfelf a vaflal for Cumberland to the crown of England ; but Malcolm refuted compliance, on pretence that he owed homage to thofe princes only who inherited that kingdom by right of blood. Canute was not of a temper to bear this infult; an>1 the king of Scotland foon found that the fceptre was in very different hands from thole of the feeble and ir- refolute Ethelred. Upon Canute s appearing on the frontiers with a formidable a;:.iv, Malcolm agreed that his grandton and heir, Duncan, whom he put in poffeffion of Cumber land, ihould make the fubmiflions required, and that the heirs of Scotland should always acknowledge them/elves vaflalsto England for that province*. CANUTE pa fled four years in peace after this enterprife, and he died at Shaft fburyf ; leaving three ions, Sweyn, Harold, and ILudicanute. Sweyn, whom he had by his firft marriage with Aifwen, daughter of the earl of Hamp- * \\ . Maltm, p. 74. f CHiflh. Sar. ;. i; j. \V. Mz m. p, n6 HISTORY OF ENGLAND. C H A P. (hire, was crowned in Norway: Hardicanute, whom Em- III. ma had born him, was in poffeffion of Denmark : Harold, * v who was of the fame marriage with Sweyn, was at that time in England. HAROLD HAREFOOT. HP H O U G H Canute, in his treaty with Richard, f- duke of Normandy, had Stipulated that his children by Emma mould fucceed to the crown of England, he had either confidered himfelf as relealed from that engagement by the <l"ath of Richard, or efteemed it dangerous to leave an unfettled and newly conquered kingdom in the hands of fo young a prince as Hardicanute : He therefore ap pointed, by his will, Harold fuccetTor to the crown. This prince was befides preferit, to maintain his claim; he was Lvo-ured by all the Danes; and he got immediately poffcf- fion of hisfather s treafures, which might be equally ufeful, whether he found itneceifary to proceed by force or intrigue, in infuring his (ucceffion. On the other hand, Hjrdicanute had the fuffrages of the Enwlifh, who, on account of his being born among them of queen Emrna, regarded him as their countryman ; he was favoured by the articles of treaty with the duke of Normandy ; and above all, his party was efpoufed by earl Godwin, the mod powerful nobleman in the kingdom, efpecially in the province of We flex, the chief feat of the ancient Englifh. > Affairs were likely to terminate in a civil war ; when, by the interpofition of the nobility cf both parties, a compromife was made; and it was agreed that Harold mould enjoy, together with Lon don, all the provinces north of the Thames, while the pofleffion of the fouth fhou d remain to Hardicanute ; and .till that prince Ihould appear and take poffeffion of his do minions, Emma fixed her refidence at Winchefter, and eOablifhed her authority over her fon s (hare of the par tition. MEANWHILE Robert, duke of Normandy, died in a pilgrimage to the Holy Land, and being fucceeded by a ion, yet a minor, the two Engliih princes, Alfred and Edward, who found no longer any countenance or protec tion in that country, gladly embraced the opportunity of paying a vifit, with a numerous retinue, to their mother Emma, who feemed to be placed in a ftate of fo much power and fplendorat Winchcfler. But the face of affairs H A R D I C A N U T E. 117 foon wore a melancholy afpeft. Earl Godwin had been C H A F. gained by the arts of Harold, who promifed to cfpoufe the III. daughter of that nobleman ; and while the treaty was yet v * a fecret, thefe two tyrants laid a plan for the deftruction of the Enclifh princes. Alfred was invited to London by Harold with manv profeffions of friendfhip; but when he had reached Guilford, he was fet upon by Godwin s vaflals, about fix hundred of his train were murdered in the mod cruel manner, he himfelf was taken prifoner, his eyes were put out, and he was conducted to the monaftery of Ely, where he died foon after*. Edward and Emma, apprifed of the fate which was awaiting them, fled beyond fea, the former into Normandy, the latter into EJanders. While Harold, triumphing in his bloody policy, took pofleffion, without refinance, of all the dominions afligned to his brother. Tteis is the only memorable action performed, during a reign of four years, by this prince, who gave Ib bad a fpecimen of his chara&er, and whofe bodily accomplim- ments alone are known to us by his appellation of Harefoot, which he acquired from his agility in running and walking. He died on the I4th of April, 1039; little regretted or efteemed by his fubjefts ; and left the fucceflion open to his brother, Hardicanute. HARDICANUTE. HARDICANUTE, or Canute the Hardy, that is, the robuft (for he too is chiefly known by his bodily ac- complithments), though, by remaining fo long in Den mark, he had been deprived of his fhare in the partition of the kingdom, had not abandoned his pretenfions ; and he had determined, before Harold s death, to recover by arms what he had loft, either by his own negligence, or by the neceflity of his affairs. On pretence of paying a vifit to the queen dowager in Flanders, he had adembled a fleet of fixty fail, and was prepaiing to make a defccnt on Eng land, when intelligence of his brother s death induced him to fail immediately to London, where he wasreceiv- * H. Hunt. p. 365. Ypod. Xeuftr. p. 434. Hoveden, p. 438. Chron. Mailr. p. 156. Higden, p. 277. Chron. St. Hetri de Burgo, p. 39. Sim. Dun. p. 179. Abbas Kieval. p. 366. 374. Brompton. p. 935. Gul. Gem. lib. 7. cap. ii. Math. Weft. p. 209. Flor. VVigorn. p. 62. Alur. Beveil. p. 118. n8 HISTORY OF ENGLAND. C H A P. ed in triumph, and acknowledged king without oppoft- III. tion. v v THE firfl a>5l o<" Hardicanute s government afforded his fubjcct? a bad prognoftic of his future conduct. He was fo enraged at Harold, for depriving him of his (hare of the kingdom, and for the cruel treatment of his brother Alfred, th it, in an impotent defireofrevenge againil the dead, he orde red his body to he dug up, and to be thrown into the Thames: And when it was found by fome fifhermen, and buried in London, he ordered h again to be dug up, and to be thrown a<2;ain into the river : But it was filhed up a fecond time, and then interred with great fecrecy. Godwin, equally fervile and infolent, fubmitted to be his inftrument in that unnatural and brutal a<ftion. THAT nobleman knew that he was univerfally believed to have been an accomplice in the barbarity exercifed on A fred, and that he was on that account obnoxious to Har- dicanute ; and perhaps he hoped, by difplaying this rage againft Harold s memory, to juftify himfelf from having had any participation in his counfels. But prince Ed ward, being invited over by the king, immediately on his appearance, preferred an accufation againft Godwin for the murder of Alfred, and demanded juftice for that crime Godwin in order to appcafe the king, made him a magnificent prefent of a galley with a gilt ftern, rcwed by fouricore men, who wore each of them a gold bracelet on his arm, weighing iixteen ounces, and were armed and clothed in the moil fumptuous manner. Hardicanute, plearfed with the fplendor of this fpec/tacle, quickly fer- got his brother s murder ; and on Godwin s fwearing that he was innocent of the crime, he allowed him to be acquit ted. THOUGH Hardicanute, before his acceffion, had been called over by the vows of the Englifh, he foon loft the affections of the nation by his mifconducl: ; but nothing appeared more grievous to them, than his renewing the impofition of Danegelt, and obliging the nation to pay a great fum of money to the fleet which brought him from Denmark. The difcontents ran high in many places : In Worcefier the populace rofe, and put to death two of the collectors. The king enraged at this oppofition, iwore vengeance againft the city, and ordered three no blemen, Godwin, duke of We (Tex, Siward, duke of Northumberland, and Leofric, duke of Mercia, to exe cute his menaces with the utmoft rigour. They were obli ged to fet fire to the city, and deliver it up to be plundered by their foldiers ; but they faved the lives of the inhabi tants ; whom they confined in a i mall ifland of the Severn, EDWARD THE CONFESSOR. 119 called Be verey, till, by their interccfiion, they were able C II \ I. to appeafe the king, and obtain the pardon of the iup- 1U. plicants. N * THIS violent government was of (hort duration. Har- dicanute died in two ye-srs after his accefiion, at the nup tials of a Dan m lord, which he had honoured v. i:h his prefence. His ufual habits of intemperance were fo well known, that, notwithftanding his robufi constitution his fuddeR death gave a-s little furpiife as it did forrow to his Cub j eels. T EDWARD THE CONFESSOR. HE Englifh, on the death of Hardicanutc, faw a favourable opportunity for recovering their liberty, and for making off the Danifh yoke, under which they had fo long laboured. Sweyn, king of Norway, the el- deft fon of Canute, was abfent ; and as the two laft kings had died without itlue, none of that race prvfentcd him- felf, nor any whom the Danes could fupport as fucceffor to the throne. Prince Edward was fortunately at court on his brother s demife ; and though the descendants of Edmond Ironfide.were the true heirs of the Saxon family, yet their abfence in fo remote a country a^; Hungary, ap peared a fufh cient reafon for their exclufion, to a peo ple like the Englim, fo little accuftomed to obferve a regular order in the fuccedion of their monarchs. All delays might be dangerous ; and the prefent occafiori mufl hafiily be embraced ; while the Danes, without concert, without a leader, afionifbed at the prefent inci dent, and anxious only for their pcrfonal iafety, durfl not oppofe the united voice of the nation. BUT this concurrence of circumfhnces in favour of Fd- ward, might have failed ofits eflcd, had his kicceffion been oppofed by Godwin, whole power, alliances, a HJ abilities, gave him a great influence at all times, efpecially amidli tholeludden opportunities, which always attended a revo lution of government, and which, either feized or ne- gleclcd, commonly prove decifive There were oppofite reafons which divided men s hopes and fears with regard to Godwin s conduct. On the one hand, the credit of that nobleman lay chieflv in We flex, which \vas almort entirely inhabited by Englilh : It was therefore prefumed that he would fecond the wifhesof that people in reftoring the Saxon line, and in humbling the Danes, from \\hom 120 HISTORY OF ENGLAND. CHAP. ne as we ^ as tne y had reafon to dread, as they h.id al* jjl. ready felt, the mod grievous oppreffions. On the other i __ > hand, there lubfifted a declared animofity between Edward and Godwin, on account of Alfred s murder ; of which the latter had publicly been accufed by the prince, and which he might believe fo deep an offence as could never, on account of any fubfequent merts, be fincerely pardoned. But their common friends here interpofed ; and reprefenting the necceflity of their good correfpon- dence, obliged them to lay alideall jealoutyand rancour, and i. oncur in reftoring liberty to their native country. Godwin only ftipulated that Edward, as a pledge of his fincere reconciliation, mould promife to marry his daugh ter Editha ; and having fortified hitnfelf by this alliance, he fummoned a general council at Gillingham, ano? pre pared every meafure for fecuring the fuccellion to Edward. The Englifh were unanimous and zealous in their refo- lutions ; the Danes were divided and difpirited : Any fmall opposition, which appeared in this aiTembly, was brow beaten and fupprefled ; and Edward was crowned king with every demonOration of duty and affection. THE triumph of the Englifh, upon this fignal and de- cifive advantage, was at firft attended with fome infult and violence againftthe Danes; but the king, by the mildnefs of his character, foon reconciled the latter to hisadminif- tration, and the difiinclion between the two nations gra dually difappeared. The Danes were interfperfed with the Englifh in moil of the provinces ; they (poke nearly the fame language ; they differed little in their manners and laws; domeflic diflenfions In Denmark prevented, for fome years, any powerful invadon from thence, which might awaken paft animofities; and as the Norman con- queft, which enfued foon after, reduced both nations to equal fubjection, there is no farther mention in hiftory of any difference between them. The joy, however, of their prefent deliverance made fuch impreffion on the minds of the Englifh., that they infiituted an annual feftival for ce- Jebrating that great event; and it was obferved in feme counties even to the time of Spcliman*. THE popularity which Edward enjoyed on his accefli- on, was not deflroyed by the firfl at of hisadminiftration, his refuming all the grants of his immediate piedeceilors; an attempt which is commonly attended with the moft dan gerous confequencts. The poverty of the crown convin ced the nation that this acl of violence was become ablo- lutely neceffary ; and as the lofs fell chiefly on the Danes, * Spell. G!cfTary, in ve;bo Htcdaj. EDWARD THE CONFESSOR. 121 Who had obtained large grants from the late kings, their C H A P. countrymen, on account of their fervices in lubdumg the Ill- kingdom, the Englilh were rather pleafed to fee them re- ^ - f duced to their primitive poverty. The king s (everity alfo towards his mother, the queen-dowager, though expofed to fome more cenfure, met not with very general difappro- bation. He had hitherto lived on inditieieht terms with that princeis: he acculed her of neglecting him and his brother during their adverfe fortune* : Pie remarked, that as the fuperior qualities of Canute, and his better treat ment of her, had made her entirely indifferent to the me mory of Ethclred, fhe alfo gave the preference to her children of the fecond bed, and always regarded Ilardica- nute as her favourite. The lame reafons had probably made her unpopular in England ; and though her bene factions to the monks obtained her the favour of that brderi the nation was not, in general, difpleafed to fee her ftrip- ped by Edward of irrtmenfe treafures which fhe had amaf- led. He confined her, during the remainder of her life, in a monaftery at Winchefter ; but carried his rigour againft her no farther. The ftories of his accufing her of a participation in her fon Alfred s murder, and of a crimi nal correfpondence with the bifhop of Winchefter, and alfo of her juftifying herfelf by treading barefoot, without receiving any hurt, over nine burning plough-fhares, were the inventions of the monkifh hiftorians, and were propagated and believed from the filly wonder of pofte- rity.f THE Englifh flattered themfelves that, by the acceffion, of Edward, they were delivered for ever from the domini on of foreigners; but they foon found that this evil was not yet entirely removed. The king had been educated in Normandy ; and had contracted many intimacies with the natives of that country, as well as an affection for their manners^. The court of England was foon filled with Normans, who, being diftinguifhed both by the favour of Edward , and by a degree of cultivation lupetior to that which was attained by the Englifh in thole ages, foon ren dered their language, cuftoms, and laws, fafhionable in he kingdom. Theftudyof the French tongue became gene ral among the people. The courtiers affected to imitate that nation in their drefs, equipage, and entertainments : Even the lawyers employed a foreign language in their deeds and papers!! : But above all, the church felt the in- VOL 1. R * Anglia Sacra, vol. i. p. 237. f Higden, p, 277. } Ingulf, p. <ia. ]i Ingulf, p. (2. ii2 HISTORY OF ENGLAND. CHAP- fluence and dominion of fhofe Grangers: Ulfand William, III. two Normans, who had formerly been the king s chaplains, * v were created biihops of Dorchefter and London. Robert, a Norman alfo, was promoted to the fee of Canterbury*, and always enjoyed the highed favour of his mailer, of which his abilities rendered him not unworthy. Arid though the king s prudence, or his want of authority, made him confer almod all the civil and military employments on the natives, the ecclefiafiical preferments fell often to the fhare of the Normans ; and as the latter po defied Ed ward s confidence, they had fecretly a great influence on public affairs, and excited the jealouly of the Englifh, par ticularly of Earl Godwinf. THIS powerful nobleman, befides being duke or earl of WefTex, had the counties of Kent arid Suflfex annexed to his government. Mis elded fon, Sweyn, po defied the fame authority in the counties of Oxford, Berks, Glocefter, and Hereford : And Harold, his fecond ion, was dut\e of Eafl-Anglia, and at the fame time governor of Effex. The great authority of this family was fupported by immenfe poflefliori s and powerful alliances ; ai:d the abilities, as well is ambition, of Godwin himfelf contributed to render it dill more dangerous. A prince of greater capacity and vigour than Edward would have found it difficult to fupport fhe dignity of the crown under fuch circumdances ; and a-s the haughty temper of Godwin made him often forget the refpe<ft due to his prince, Edward s animofity againfl him was grounded on perlbnal as well as political confide- rations, on recent as well as more ancient injuries. The king, in purfuance of his engagements, had indeed married Editha, the daughter of Godwin^ ; but this alliance became a frefli fource of enmity between them. Edward s hatred of the father was transferred to that princefs ; and Editha, though poflelTed of many amiable accomplifhments, could never acquire the confidence and affection of her hufband. It is even pretended that, during the whole courfe of her life, he abdained from all commerce of love with her ; arid fuch was the abiurd admiration paid to an inviolable 1048. ch-jflitv during thofe ages, that his conduct in this parrt- ctilar is highly celebrated by the monkilh hidorians, and greatly contributed to his acquiring the title of faint and confefTorJl. THE mod popular pretence on which Godwin could ground his difariection to the king and his adminiftration, was to complain of the influence of the Normans in the Chron. Sax. p. 161. f W. Malm. p. So. J Chron.Sax. p. 157. ;! \V. l\5alm.p. So. Higden, p. 277. Abbas Rie 1 al. p. 366. 377. Mauli. Weft. p. 221. Chron. Thorn. Wykes, p. 21. Anglia Sacra, vol. i. p. 241. EDWARD THE CONFESSOR. 123 government ; and a declared opposition had thence arifen CHAP, between him and thefe favourites. It was not long before III. this animofity broke into adlion. Euftace, count of Bov v -vr logne, having paid a vifit to the king, paffcd by Dover in his return : One of his train, being refufed entrance to a lodging which had beenaffigned him, attempted to make his \\-.\y by force, and in the conteft lie wounded the matter of the houfe. The inhabitants revenged thisinfuh by the death of the ftranger; the count and his train took arms, and murdered the wounded town! man; a tumult enfued ; near twenty perfons were killed on tach fide ; and Euftace, being overpowered by numbers, was obliged to fave his life by-flight from the fury of the populace. He lurried immediately to court, and complained of the ufage he had met with : The king entered zealoufly into the quarrel, and was highly difpleafed that a ftranger of fuch uiftincti- on, whom he had in \ited over to his court, (hould, with^ out any juft caufe, as he believed, have felt fo fei>fi !y the infoience and animofity of his people. He gave orders to Godwin, in whole government Dover lay, to repair imme diately to the place, and to punilh the inhabitants for the crime: But Godwin, who defired rather to encourage than reprefs the popular difcontents againft foreigners, refufed obedience, and endeavoured to throw the whole blame of the riot on the count of Bologne, and his retinue*. Ed ward, touched in fo feufible a point, faw the neceffity of exerting the royal authority ; and he threatened Godwin, if he perfifted in his difobedience, to make him feel the utmoft effects of his refentment. THE earl, perceiving a rupture to be unavoidable, and pleafed to embark in a caufe where it was likely he mould be fupported by his countrymen, made preparations for his own defence, or rather for an attack on Edward. Under pretence of repreiling fome diforders on the Welfh frontier, lie fe.:retiy aflembled a great army, and was approaching the king, who refided, without any military force, and without fufpicion, at Glocefterf. Ldvvard applied for pro tection to Siward, duke of Northumberland, and Leofric, duke of Mercia, two powerful noblemen, whofe jealoufy of Godwin s greatnels, as well as their duty to the crown, engaged them to defend the king in this extremity. They haftened to him with fuch of their followers as they could affemble on a (udden ; and finding the danger much f.riiat- er than they had at fjrfl apprehended, they iil ucd orders for muftering all the forces within their refpectivc govern-? * C nron. Sax. p. 163. \V. Malm. p. S i . 1 iHen, p. 579. f Chron. Sax. p. 16;. W. Malui. p. S:. 124 HISTORY OF ENGLAND. CHAP, ments, and for marching them without delay to the defence 111. of the king s perlon and authority. Edwaid, meanwhile, v v endeavoured to gain time by negociation ; while Godwin, who thought the king entirely in his power, and who was. willing to fave appearances, fell into the fnare ; and not ienfible that he ought to have no fait her referve aftet he had proceeded fo far, he ioft the favourable opportunity of rendering himfeif mafter of the government. THE Engliih, though they had no high idea of Edward s vigour and capacity, bore him great atfeclion on account of his humanity, juftice, and piety, as well as the long race of their native kings from whom he was defcended ; and they haftened from all quarters to defend him from the prefont danger. Hi army was now fo confiderable, that he ventured to take the field ; and marching to London, he fummoned a great council to judge of the rebellion of Godwin and his foris. Thefe noblemen pretended at firft that they were willing to ftand their trial ; but having in vain endeavoured to make their adherents perfift in rebel lion, they offered to come to London, provided they might receive hoftages for their fafety : This propofal being re jected, they were obliged to difband the remains of their forces, and have recourfe to flight. Baldwin, earl of Flan- dors, gave protection to Godwin and his three Ions, Gurth, S\veyn, and TofH ; the latter of whom had married the daughter of that prince ; Harold and Leofwin, two other of his fons, took fhelter in Ireland. The eftates of the father and fons were confifcated : Their governments were given to others : Queen Editha was confined in a monafte- ry at Warewel: And the greatnefs of this fjmily, once fo formidable, leemed now to be totally fupplanted and over thrown. Bur Godwin had fixed his authority on too firm a bafis, and he was too ftrongly fupported by alliances, both foreigri and domeftic, not to occafion farther difturbances, and io . ma ke new efforts for his re-eftablifhment. The earl of Flanders permitted him to purchafe and hire fhips within his harbours ; and Godwin, having manned them with his followers, and with free-hooters of all nations, put to fea, and attempted to make a defcent at Sandwich. The king, informed of his preparations, had equipped a confiderable fleet, much fuperior to that of the enemy ; and the earl haftily, before their appearance, made his retreat into the Flemiih harbours*. The Englifh court, allured by the pre- ient fecurity, and deftitute of all vigorous counfels, allowed the feamen to difband, and the fleet to go to decay f ; while * Sim. Dun. p. 186. f Chron. Sax. p. i6G. EDWARD THE CONFESSOR. 125 Godwin, expecting this event, kept his men in readinefs CHAP, for ahon. He put to lea immediately, and failed to the III. jile of Wight, where he was joined by Harold, with a ^ <, fquadron which tint nobleman had collected in Ireland, He was now mafter of the lea ; and entering every har bour in the fouthern coait, he leized all the fhips*, and iummoned his followers in thofe counties, which had fo long been fuhject to his government, to a (lift him in pro curing jufticeto himielf, his family, and his country, againft the tyranny of foreigners Reinforced by great numbers from all quarters, he entered the Thames; and appearing before London, threw every thing ir.to confu-fion. The king alone feemed refolute to defend himlelf to the laft extremity ; but the interpofition of the Englifh nobility, many of whom favoured Godwin s pretenfions, made Ed ward hearken to terms of accommodation ; and the feigned humility of the earl, who difclaimed all intentions of of fering violence to his lovereign, and defiredoniy to juftify himfelf by a fair and open trial, paved the way for his more eafy aclmiffion. It was ftipulated, that he fhould give hoftages for his good behaviour, and that the primafe and all the foreigners fhould be banifhed : By this treaty, the prefenl danger of a civil war was obviated, but the autho rity of the crown was confiderably impaired, or rather en tirely annihilated. Edward, ferifiblr that he had not power fufficient to fecure Godwin s hofiages in England, fent them over to his kinfman, the young duke of Nor mandy. GODWIN S death, which happened foon after, while he was fitting at table with the king, prevented him from farther eftabllfhing the authority which he had acquired, and from reducing Edward to Rill greater fubjeclionf. He was fucceeded in the government of WefJex, SufJex, Kent, and Eflex, and in the office of Reward of the houiehold, a place of great power, by hir, fon Harold, who was aclu- ated by an ambition equal to that of his father, and was fu- perior to him in addrefs, in infinuation, and in virtue. By a modell and gentle demeanour, he acquired the good-will of Edward ; at leafl foftened that hatred which the prince had fo long borne his family t ; and ainin*i every day new partifans by his bounty and affability, he proceeded in a more filent, and therefore a more dangerous manner, to the increafe of hi.s authority. The king, who had not fufficient vigour directly to oppofe his progrefs, knew of no other expedient than that hazardous one, of raifing ! im a rival in t;,e family of Leofric, duke of Mercia, whole * Chron. ?ax. p. if 6. f See note [E] at th? end of r .he volume. J Brompion, p. 948. 126 H I S T O R Y O F E N G L A N D. CHAP, fon Algar was inserted with (he government of Eaft-An. III. glia which, before the banifhment of Harold, had be- , longed to the latter nobleman. But this policy, of balan cing oppofite parties, required a more fteady hand to man age it than that of Edward, and naturally produced faction, and even civil broils, among nobles of fuch mighty and in dependent authority. Algar was foon after expelled his government by the intrigues and power of Harold ; hut being protected by Griffith, prince of Wales, who had married his daughter, as well as by the power of his father Leofric, he obliged Harold to fubmit to an accommodation and was reinftatcd in the government of Eaft Anglia. This peace was not of long duration : Harold taking advantage of Leofric s death, which happened foon after, expelled Algar anew, and banilhed him the kingdom : And though that nobleman made a frefh irruption into Eaft-Anglia with an army of Norwegians, and overran the country, his death foon freed Harold from the pretenfions of io dange rous a rival. Edward, the eld eft fon of Algar, was in - deed advanced to the government of Mercia ; but the ba lance, which the king defired to eftablilh between thoie potent families, was wholly loft, and the influence of Ha rold greatly preponderated. ia>55- THE death of Siward, duke of Northumberland, made the way ftill more open to the ambition of that nobleman. Siward, befides his other merits, had acquired honour to England, by his fuccefsful conduct in the only foreign en- terprife undertaken during the reign of Edward. Duncan, king of Scotland, was a prince of a gentle difpofition, but pofleilcd not the genius requifite for governing a country lo turbulent, and fo much infefted by the intiitiues and animofities of the great. Macbeth, a powerful nobleman, and nearly allied to the crown, not content with curbing the king s authority, carried ftill farther his peftilent ambi tion : He put his fovereign to death ; chace^l Malcolm Ken- more, his fonand heir, into England; and ufurped the crown. Siward, whofe daughter was married to Duncan, embraced, by Edward s orders, the protection of this diftrefled family: He inarched an army into Scotland; and having defeated and killed Macbeth in battle, he" reftored Malcolm to the throne of his anceftors*. This fcrv ice, added to his former connections with the royal family of Scotland, l ioi;ghta great acceflion to the authority of Siwaid in the north ; hut as he had loft hiseldeft fon, Ofberne, in the.iction with Macbeth, it proved in the iflue fatal to his family. His * \V. Malm. p. 79. Hoveden, p. 443. Chrou. Mailr. p. 15?. Buchanan, p, 115. Lt;;t. 1715- EDWARD THE CONFESSOR. 127 fecond fon, Walthoef, appeared, on his father s death, too C H A P. young to be entrufted with the government of Northum- III. berland ; and Harold s influence obtained that dukedom for his own brother Tofti. THERE are twocircumftances related of Siward, v hich difcover his high fenfe of honour, and his martial diipofi- tion. When intelligence was brought him of his fon Ol- berne s death, he was inconfolable ; till he heard that the wound was received in the breaft, and that he had behaved with great gallantry in the action. When he found his own death approaching, he ordered his fervants to clothe him in a complete fuit of armour; and fitting erecl on the couch, with a fpear in his hand, declared, that in that pofture, the only one worthy of a warrior, he would pati ently await the fatal moment. THE king, now worn out with cares and infirmities, felt himfelf far advanced in the decline of life; andha\ing no iflue himfelf, began to think of appointing a fucceffor to the kingdom. He lent a deputation to Hungary, to in vite over his nephew, Edward, fon of his elder brother, and the only remaining heir of the Saxon line. That prince, whole fuccelfion to the crown would Inve been eafy and uodifputed, came to England with his children, Edgar, furnamed Atheling, Margaret and Chriflina ; but his death, which happened a few days after his arrival, threw the king into new dil Iiculties. He faw, that the great power and ambition of Harold had tempted him to think of obtaining poUeilion of the throne on the firft vacancy, and that Edgar, on account of his youth and in experience, was very unfit to oppofe the pretenfions of fo popular and enterprifing a rival. The anfmofity which he had long borne to earl Godwin, made him averfc to the liiccefTion of hi ; fon ; and he could not, without extreme reluctance, think of an encreafe of grandeur to a family which had rilen on the ruins of royal authority, and which, by the murder of Alfred, his brother, had contri buted fo much to the weakening of the Saxon line. In this uncertainty he fecretly call his eye towards his kinf- man, William duke of Normandy, as the only perfon whole power, and reputation, and capacity, could fupport any deftinatiou which he might make in his favour, to the excluiion of Harold and his family*. THIS famous prince was natural fon of Robert duke of Normandy, by Harlotta, daughter of a tanner in Falaifef, and was very early eftablifhcd in that grandeur from which his birth feemed to have let him at lo great a diftance. * Ingulf, p. 68. f Bromptoti, p. 910. 128 HISTORY OF ENGLAND. CHAP. While he was but nine years of age, his father had refol- III. ved to undertake a pilgrimage to Jerufalem ; a falliionable < v act of devotion, which had taken nlace of the pilgrimages to Rome, and which, as it \vas attended with more diffi culty and danger, and carried thole religious adventurers to the firft iources cf Chriftianity, appealed to them more meritorious. Before his departure, he alTembled the Hates of the dmchy; and informing them of his defign, he en gaged them to fwear allegiance to his natural fon, Willi am, whom, as he had no legitimate iffue, he intended, in cafe he fhould die in the pilgrimage, to leave fucceflbr to his dominions*. As he was a prudent prince, he could not but forefee the great inconveniencies which muft attend this journey, and this fettlement of his fucceffion ; arifing from the perpetual turbulency of the great, the claims of other branches of the ducal family, and the power of the French monarch : But all thefe confederations were fur- mounted by the prevailing zeal for pilgrimages f j and, probably, the more important they were, the more would Robert exult in facrificingthem to what he imagined to be his religious duty. THIS prince, as he had apprehended, died in his pilgri mage ; and the minority of his fon was attended with all thole diforders which were almoft unavoidable in that fitu- ation. The licentious nobles, freed from the awe of fove- reign authority, broke out into perfonal animofities againft each other, and made the whole country a fcene of war and devaluation J. Roger, count of Toni, and Alain, count of Britanny, advanced claims to the dominion of the (late; and Henry J. king of France, thought the opportunity favourable for reducing the power of a vaffal, who had originally acquired his fettlement in fo violent and invidi ous a manner, and who had long appeared formidable to his fovereigntl. The regency eft ab limed by Robert en countered great difficulties in fupporting the government under this complication of dangers; and the young prince, when he came to maturity, found himielf reduced toa very low condition. But the great qualities which he foon dif- played in the field and in the cabinet, gave encouragement to his friends, and ftrcck a terror into his enemies. He oppoled himfelf on all fides againft his rebellious fubjects, and againft foreign invaders ; and by his valour and con duit prevailed in every action. He obliged the French king to grant him peace on reafonable terms ; he expel led all pretenders to the fovereignty ; and he reduced his * \V. Malm. p. 05. \ Ypoc!. Neuft. p. 452. t W. Malm. p. 95. Gul. Gcmet,lib. 7. cap. i. II W. Malm. p. 97. EDWARD THE CONFESSOR. 129 turbulent barons to fay fubmiflion to his authority, CHAP, and to fufpend their mutual animofities. The natural HI. feverity of his temper appeared in a rigorous admi- v v ^ niftration of juflL e ; and having found the happy cf- fefts of this plan of government, without which the laws in thole ages became totally impotent, he regarded it as a fixed maxim, that an inflexible conduct was the fuft duty of a ibvereign. THE tranquillity which he had eflablifhed in his domi nions, had given William leiiure to pay a vifit to the kin of England during the time of Godwin s banifhment ; and he was received in a manner fuitable to the great reputation which he had acquired, to the relation by which he was connected with Edward, and to the obligations which that prince owed to his family*. On the return of Godwin, and the expulfion of the Norman favourites, Robert, arch- bilhop of Canterbury, had, before his departure, perfuad- cd Edward to think of adopting William as his fui ceficr ; a counfel which was favoured by the king s averfion to God win, his prcpofleilions for the Normans, and hisefteem of the duke. That prelate, therefore, received a commifii- on to inform William of the king s intentions in his favour; and he was the firft perfon that opened the mind of the prince to entertain thofe ambitious hopesf. But Edward, irrelolute and feeble in his purpofe, rinding that the Eng- IHh would more eafily acquiefce in the reftoration of the Saxon line, had, in the mean time, invited his brother ^ defendants from Hungary, with a view of having them recognifed heirs io the crown. The death of his nephew, and the inexperience and unpromifing qualities of young Edgar, made him relume his former intentions in favour of the duke of Normandy ; though his averfion to hazardous enterprifes engaged him to poftpone the execution, and even to keep his purpofe fecret from all his minifters. HAROLD, meanwhile, proceeded, after a more open manner, in encreafing his popularity, in eftablifhing his power, and in preparing the way for his advancement on the lirft vacancy ; an event which, from the age and infirmities of the king, appeared not very diftant. But there wao ilill an obltacle, which it was requifite for him previoully to overcome. Earl Godwin, when reftored to liis power and fortune, had given hoft ages for his good be haviour; and among the reft, one fon and one grandfon, whom Edward, for greater iecurity, as has been related, VOL. I. S * Hovcden, p. 42?. Ingulf, p. 65. Ciiron. Mailr. p. 157. Higden, p. -79. f Ingulf, p, 6i. Cui. Gemct. I .b. 7, cay. 31. order. Viulis, i. 405. 1 30 HISTORY OF ENGLAND. CHAP, had configned to the cuftody of the duke of Normandy. III. Harold, though not aware of the duke s being his compe- v v titor, was uneafy that fuel) near relations fhould be detain ed piiloners in a foreign country ; and he was afraid left William fhould, in favour of Edgar, retain thefe pledges as a check on the ambition of any other pretender. He reprefented, therefore, to the king, his unfeigned fubmifn- on to royal authority, his fteady duty to his prince, and the little neceffity there was, after fuch a uniform trial of his obedience, to detain any longer thole hcftages who had been required on the firft compofing of civil diicords. By thefe topics, enforced by his great power, he extorted the king s confent to releafe them; and in order to eflet his purpofe, he immediately proceeded, with a numerous re tinue, on his journey to Normandy, A tempeft drove him on the territory of Guy count of Ponthieu, who, being informed of his qualit-/, immediately detained him prifon- er, and demanded an exorbitant lum for hisrunfom. Ha- rcld found means to convey intelligence of his fituation to the duke of Normandy; and reprefented, that while he was proceeding to his court, in execution of a commiffion from the king of England, he had met with this harfh treat ment from the mercenary dilpofition of the count of Pon thieu. WILLIAM was immediately fenfible of the importance of tiie incident. He forefaw, that if he could once gain Harold, either by favours or menaces, his way to the throne of England would be open, and Edward would meet with no farther obltacle in executing the favourable intentions which he had entertained in his behalf. He lent, therefore, a meflenger to Guy, in order to demand the liberty of his priioner ; and that nobleman, not daring to refufe io great a prince, put Harold into the hands of the Norman, whoconducted him to Rouen. William receiv ed him with every demonfhation of refpect and friendfhip; and after (bowing himfelf difpofed to comply with his de- fire, in delivering up the holtages, he took an opportunity of difclofmg to him the great fecret, of his pretenHons to the crown of England, and of the will which Edward in tended to make in jus favour. He defired the affiftance of Harold in perfecting that defign ; he made profeffions of the utmoil gratitude in return for fo great an obligation ; he promised that the prefcnt grandeur of Hrrold s family, which fupporled itfelf whh difficulty under the jealou fy and hatred of Edward, fhould receive new encreafe from a fucceffor, who would be Ib greatly beholden to him for his advancement. Harold was furpnicd at this declaration of the duke; but being fenfible that he fhould never re- EDWARD THE CONFESSOR. 131 cover his own liberty, much lefs that of his brother and CHAP, nephew, if he refufed the demand, he feigned a compliance III. with William, renounced all hopes of the crown for him- * ~* felf, and profefled his fincere intention of fupporting the will of Edward, and fecondingthe pretenfions of the duke of Normandy. William, to bind him falter to his inte- refts, befides offering him one of his daughters in marri age, required him to take an oath that he would fulfil his promifcs; and in order to render the oath more obligatory, he employed an artifice well-fuited to the ignorance and fuperftition of the age. He fecretly conveyed under the altar, on which Harold agreed to fwear, the reliqucs of iorne of the moft revered martyrs ; and when Harold had Taken the cv.th, he ihowed him the reliques, and admo- nilhed him toobfer.e religiouflyan engagement which had been ratified by fo tremendous a fanciion*. The Englifh nobleman was aftonilhed ; but dilfembling his concern, he renewed the fame profeflions, and was dim-lifted with all the marks of mutual confidence by the duke of Nor mandy. WHEN Harold found himfelf at liberty, his ambition fuggelted cafuifirv fuflicient to jufiify to him the violation of an oath, which had been extorted from him by fear, and which, if fulfilled, might be attended with the fubjeo tion of his native country to a foreign power. He conti nued fH 11 to pralife every art of popularity; to encreafe the number of his partifans ; to reconcile the minds of the L.nglifh to the idea of his lucceffion ; to revive their hatred of the Normans; and, by an oftcntation of hib power and influence} to deter the timorous Edward from executing his intended dellination in favour of William. Fortune, about this time, threw two incidents in his way, by which he was enabled to acquire general favour, and to encreafe the character which he had already attained, of virtue and abilities. THE Welfh, though a lefs formidable enerny than the Danes, had long been acciiftomed to infeft the weftern bor ders ; and after committing fpoil on the Jo\v countries, they ufually made a hafty retreat into their mountains, where they were fheltercd from the purl iiit of their ene mies, and were ready to leize the firft favoi ble opportu nity of renewing their depredations. GrirSt i, the reigninjr prince, had gieatly dHtinguiTned himleif in thofe incurfi- ons ; and his name had become lo terrible to the If.nglilh, that Harold found he could do nothing more acceptable to, * Ware, p. ,}-,(}, .jfto. MS. penes Carte, M. 3 -.4. VV. M.ihn, p. o?, H. Hunt. p. 366. HovcJcn, p. 4^0. Eioin^to*. i>. 132 HISTORY OF ENGLAND. CHAP, the public, and more honourable for himfelf, than the fup- III. prcffme: of fo dangerous an enemy. He formed the plan *-~-^. of an expedition againft Wales; and having prepared fome light-armed foot to purfue the natives into their faft- r.effes, fome cavalry to fcour the open country, and a fquad- ron of (hips to attack the fca-coafi, he employed at once allthefe forces againft the Welm, profecutcd his advanta ges with vigour, made nointermifiion in hisafTaults, and at laft reduced the enemy to fuch diftrefs, that, in order to prevent their total deftru&ion, they made a facrifice of their prince, whofe head they cut otf , and fent to Harold ; and they were content to receive, as their fovereigns, two Welih noblemen appointed by Rdu r ard to rule over them. The other incident was no lefs honourable to Ha rold. ToST If brother of this nobleman, who had been created duke cf Northumberland, being of a violent tyrannical temper, had acted with fuch cruelty and injufiice, that the inhabitants rofe in rebellion, and chafed him from his go vernment. Morcar and Edwin, two brothers, who po fie fled great power in thofe parts, and who were grandfonsof the great duke Leofric, concurred in the infurreftion ; and the former, being elct^ed duke, advanced with an army toop-r pofe Harold, who was commifnoned by the king to reduce and chafiifc the Northumbrians. Before the armies came toaUon, Morcar, well acquainted with the genrrous dif- pofuion of the Englifh commander, endeavoured tojuAifv }) is own conduct. He reprefented to Harold, that Tofti had behaved in a manner unworthy of the ftation to which lie was advanced, and no one, not even a brother, could iupport fuch tyranny, without participating, in fome de gree, cf the infamy a-ttending it ; that the Northumbrians, accuftomed to a legal adminiftration, and regarding it as their birth-right, were willing to fubmit to the king, but required a governor who would pay regard to their rights and privileges; that they \iad been taught by their ancef- tois, that death was preferable to fervitude, and had taken the field, determined to perifh, rather than furfer a renewal of thofe indignities to which they had fo long been expof- ed ; and they t rutted that Harold, on reflection, would not defend in another that violent conducl, from which lie himfelf, in his own government, had always kept at fo great a diftance. This vigorous rcmonftrance was accom panied with fuch a detail of facts, fo well fupported, that Harold found it prudent to abandon his brother s caufe; and returning to Edward, he perfuaded him to pardon the Nprthumbrians, and te confirm Morcar 5n the government. EDWARD THE CONFESSOR. 133 He even married the fifter of that nobleman*; and by his CHAP, intereft procured Edwin, the younger brother, to be elected 111. into the government of Mercia. TofH in a rage departed * the kingdom, and took fhelter in Flanders with earl Bald win, his father-in law. BY this marriage Harold broke all mea lures with the duke of Normandy ; and William clearly perceived that he could no longer rely on the oaths and promifes which he had extorted from him. But the Englifh nobleman was now in fuch a fituation, that he deemed it no longer ne- ceffary todifTembie. He had, in his conduct towards the Northumbrians, given i uch a fpecimen of his moderation as had gainrd him the affections of his countrymen. He faw that a!moft all England was engaged in his interefis ; while he himlelf pofleflcd the government of We Hex, Morcar that of Northumberland, and Edwin that of Mer cia. He now openly afpired to the fucceflion ; and infill ed, that fince it was neceilury, by the contcflion of all, to let a fide the royal family, on account of the imbecility of Edgar, the fole furviving heir, there was no one fo capable of filling the throne as a nobleman of great power, of mature age, of Jong exoerience, of approved courage and abilities, who, being a native of the kingdom, would effec tually fecure it againfl the dominion and tyranny of fo reigners. Edward, broken with age and infirmities, law the difficulties too great for him to encounter ; and though his inveterate prepofleflions kept him from feconding the pretenfions of Harold, he took but feeble and irrefolutc Reps for fecu ring the lucceflion to the duke of Normandy t. While he continued in this uncertainty, lie was furpriled by ficknefs, which brought him to his grave, on the fifth of January 1066, in the fixty-fifth year of his age, and twenty fifth of his reign. THIS prince, to whom the monks give the title of faint nnd confdTor, was the lafl of the Saxon line that ruler! in England. Though his reign was peaceable and fortunate, he owed his profperit/ lefs to his own abilities than to the conjunctures ofthetiir.es. The Panes employed in other rnterprifes, attempted not thofe incurfions which had been fj troublefome to all his predeceflbrs, and fatal to Ibrre of them. The facility of his difpofion made him acquielce under the government of Godwin and his Ion i T arcid ; and the abilities, as well as the power of tnefe noblemen ena bled them, while they were entrufk-d with au!:c: liv, to prelerve domeftic peace and tranquillity. The ir.oil com- * Order. Vitalis, p. 402. f Sec note [F J at the tad of th: vo .urae. I 3 4 HISTORY OF ENGLAND. CHAP, mendable circumftance of Edward s government, was his III. attention to the adminiflration of jufHce, and his compiling, * for that purpofe, a body of laws, which he colle&fJ from the laws of Ethelbert, Ina, and Alfred. This compilation, though now loft (for the laws that pafs under Edward s name were compofed afterwards*), was long the object of affeclion to the Englifh nation. EDWARD the ConfelTor was the firft that touched for the king s evil ; The opinion of his fandtity procured belief to this cure among the people : His fucceffors regarded it as a part of their ftate and grandeur to uphold the fame opinion. It has been continued down to our time ; and the practice was firfl dropped by the prefent royal family, who obferved, that it could no longer give amazement even to the populace, and was attended with ridicule in the eyes of all men of underftanding. HAROLD. HAROLD had fo well prepared matters before the ,,, ou . death of Edward, that he immediately ftepped into January, the vacant throne ; and his accefllon was attended with as little oppofition and difturbance, as if he had fucceeded by the molt undoubted hereditary title. The citizens of Lon don were his zealous partifans : The bifhops and clergy had adopted his caufe : And all the powerful nobility, con nected with him by alliance or friendfhip, willingly fe- condcd his pretenfions. The title of Pldgar Atheling was icarcely mentioned ; much lefs the claim of the duke of Normandy : And Harold, aflernbling his partifans, receiv-. ed the crown from their hands, without waiting for the free deliberation of the ftates, or regularly lubmitiing the quefiion to their deterrrunation f. If any were averfe to this meafiue, they were obliged to conceal their fentiments ; and the new prince, taking a general filence forconfent, and founding his title on the fupppfed luf- frages of the people, which appeared unanimous, was, on thed.iy immediately fucceeding Edward s death, crown ed and anointed king, by Aldred archbishop of York, The whole nation feemed joyfully to acquiefce in his elevation. * Spehn. in verbo Belliva. f G. "1ft. p. 196. Ypod. Nruft r p. 436. Order. Vitalis, p. 402. M. Veft. p. 221. W. Malm. p. 13. In gulf, p 6S. Brompion, p. 057. Knygiiton, p.. 2339 H. Hunt. p. 210. Many of the hiftorians fay, that Harold was regularly eleftcd by li.e Rates:, Some, that Edward left him his iucceffor by will. HAROLD. 135 THE firft fymptoms of danger which the king diirover- CHAP, ed came from abroad, and from his own brother Tofli, III. who had fubmitted to a voluntary banifhment in Flanders. * v / Enraged at the fuccefsfi.il ambition of Harold, to which he himfelf had fallen a victim, he filled the court of Bald win with complaints of the injuftice which he had fuffer- ed : He engaged the intereft of that family againfl his bro ther : He endeavoured to form intrigues with fome of the discontented nobles in England ; He lent his emiflaries to Norway, in order to roule to arms the freebooters of that kingdom, and to excite their hopes of reaping advantage from the unlettled Rate of affairs on the ufurpation of the new king : And that he might render the combination more formidable, he made a journey to Normandy ; in expect ation that the duke, who had married Matilda, another daughterof Baldwin, would, in revenge of his own wrongs, as well as thofe of Tofti, fecond, by his counfels and for ces, the projected invaiion of England*. THE duke of Normandy, when he firft received intel ligence of Harold s intrigues and acceflion, had been mov ed to the higheft pitch of indignation ; but that he might give the better colour to his pretenfions, he lent an embaf- iy to England, upbraiding that prince with his breach of faith, and fummoning him torefign immediately pofleflion of the kingdom. Harold replied to the Norman ambafla- dors, that the oath, with which he was reproached, had been extorted by the well-grounded fear of violence, and could never, for that reaibn, be regarded as obligatory : That he had no commiiTion, either from the late king or the ftates of England, who alone could difpoTe of the crown, to make any tender of the fucceffion to the duke of Normandy ; and if he, a private perfon, had afTumed fo much authority, and had even voluntarily fworn to fupport the duke s pretenfions, the oath was unlawful, and it was liis duty to feize the firft opportunity of breaking it: That he had obtained the crown by the unanimous furfrages of the people ; and fhould prove himfelf totally unworthy of their favour, did he not ftrcnuoully maintain thofe national liberties, with whofe protection they had entrufted him : And that the duke, if he made any attempt by force of arms, fhould experience the power of an united nation, conducted by a prince, who, lenfible of the obligations impoled on him by his royal dignity, was determined that the fame moment fhould put a period to his life and to his governmentf. * Order. Vitalis, p. 492. t w - Malm. p. 99. Higden. p. 285. Mitth. Weft. p. 222. DC Gcft. Angl.inceiioauctoie, p. jji. i f> HISTORY OF ENGLAND. CHAP. THIS anfwer was no other than William expected ; and liJ. lie had previously fixed his resolution of making ar) attempt * v upon Hngland. Confuhing only his courage, his rcfent- inent, and his ambition, he overlooked ail the difficulties infeparable from an attack on a great kingdom by fuch in ferior force, and he law only thecircumftances which would facilitate his enterprife. He confidered that England, ever fmce the accefllon of Canute, had enjoyed profound tranquillity, during a period of near fifty years ; and it wouid require time for its foldiers, enervated by long peace, to learn difcipline, and its generals experience. He knexv that it was e tirely unprovided with fortified towns, by which it could prolong the war ; but mufl ven ture its whole fortune in one decifive action again/I a vete ran enemy, who, being once mailer of the field, would be in a condition to overrun the kingdom. He faw that Harold, though he had given proofs of vigour and bravery, had newly mounted a throne, which he had acquired by faction, from which he had excluded a very ancient royal family, and which was likely to totter under him by its own inflability, much more if fhaken by any violent ex ternal impulle. And he hoped, that the very circumftance of his crolling the fea, quitting his own country, and leaving himfelf no hopes of retreat ; as it would aftonifh the enemy by the boldnefsof the enterprife, would infpirit his fo diers by defpair, and roule them to luftain the repu tation of the Norman arms. THE Normans, as they had Jong been diftmguifhed by valour among all the European nations, had at this time attained to the higheft pitch of military glory. Befides acquiring by arms fuch a noble territory in France, belldes defending it againfr. continual attempts of the Fiench mo narch and all its neighbours, befides exerting many acls of vigour under their prefent fovcreign ; they had, about this very time, revived their ancient fame, by the moft hazar dous exploits, and the moft wonderful fucceires, in the other extremity of Europe. A few Norman adventurers in Italy had acquired fucb an afcendant, not only over the Italians and Greeks, but the Germans and Saracens, that they ex pelled thole foreigners, procured to thcmfelves ample efia- blifhments, and laid the foundation of the opulent king dom of Naples and Sicily*. Thefe enterprises of men, who were all of them vaflals in Normandy, many of them banifhed for faction and rebellion, excited the ambition of the haughty William ; who difdained, after fuch exam ples of fortune and valour, to be deterred from making an * Guh Gemet. lib. 7. cap. 30. HAROLD. 137 attack on a neighbouring country, where he could be Cup- CHAP* ported by the whole force of his principality. III. THE fituation alfo of Europe infpired William with * .. hopes, that.befides his brave Normans, he might employ againfl England the flower of the military force which was difperfed in all the neighbouring ftates. France, Germa ny, and the Low Countries, by the progrefs of the feudal inftitutions, were divided and fubdivided into many princi palities and baronies; and the pofleflbrs, enjoying the civil jurifdi5lion within themfelves, as well as the right of arms, afted, in many refpecls, as independent fovereigns, and maintained their properties and privileges lefs by the au thority of laws than by their own force and valour. A military fpirit had univerfally dirFuled itfelf throughout Europe ; and the feveral leaders, whole minds were ele vated by their princely fituation, greedily embraced the mod hazardous enterprifes ; and being accuftomcd to no thing from their infancy but recitals of the fuccefs attending wars and battles, they were prompted by a natural ambi tion to imitate thofe adventures, which they heard fo much celebrated, and which were fo much exaggerated by the credulity of the age. United, however loolely, by their duty to one fuperior lord, and by their connexions with the great body of the community to which they belonged, they cle fired to fpread their fame each beyond his own diflridl; and in all aflemblies, whether inftituted for civil delibera tions, for military expeditions, or merely for (how and en tertainment, to outfhine each other by the reputation of Strength and prowefs. Hence their genius for chivalry; hence their impatience of peace and tranquillity ; and hence their readinefsto embark in any dangerous enterprife, how little foever interefted in its failure or fuccefs. WILLIAM, by his power, his courage, and his abilities, had long maintained a pre-eminence among thofe haughty chieftains ; and every one who defired to fignalife himfelf by his addrefs in military exercifes, or his valour in action, had been ambitious of acquiring a reputation in the court and in the armies of Normandy. Entertained with that hofpitality and courtefy which diftinguifhed the age, they had formed attachments with the prince, and greedily at tended to the profpeilsof the fignal glory and elevatio* which he jjromifed them in return for their concurrence in an expedition againft England. The more grandeur there appeared in the attempt, the more it fuited their romantic fpirit : The fame of the intended invafion was already dif- fufed every where : Multitudes crowded to tender to the VOL. I. T j 3 HISTORY OF ENGLAND. C H A p duke their fervice, with that of their vaflals and retainers*: HI * And William found lefs difficulty in completing his levies, j than in chafing the moft veteran forces, and in rejecting the offers of thole who were impatient to acquire fame un der fo renowned a leader. BESIDES thefe advantages, which William owed to his perfonal valour and good conduct ; he was indebted to fortune for procuring him fomeafliftance, and alfo for re moving rn.jny obftacles, which it was natural for him to expect in an undertaking, in which all his neighbours were io deeply interefted. Conan, count of Britanny, was his mortal enemy : In order to throw a damp upon the duke s entei prile, he chofe this conjuncture for reviving his claim to Normandy itlelf; and he required, that in cafe of William s fuccefs againft England, the poiTefiion of that dutchy mould devolve to himf. But Conan died fudden- ly afier making thisdemand ; and Hoel, his fucceffor, in- fleadof adopting the malignity, or y more properly fpeak- ing, the prudence of his predecefTor, zealoufly feconded the duke s views, and lent his eldeft Ion, Alain Fergant, to ferve under him with a body of five thoufand Britons. The counts of Anjou of Flanders encouraged their fub- jccts to engage in the expedition ; arid even the court of France, though it might juftly fear the aggrandizement of fo dangerous a vaflal, puriued" not i*s interefrs on this occafion with Sufficient vigour and refolution. Philip I. the reigning monarch, was a minor ; and William, having communicated his project to the council, having defired affiance, and offered to do homage, in cafe of his fuccefs, for the crown of England, was indeed openly ordered to lay afide all thoughts of the enterprife ; but the earl of Flan ders, his rather-in-law, being at the head of the regency, favoured under-hand his levies, and fecretly encouraged the adventurous nobility to inJiit under theftandard of the duke of Normandy. THE empeior, Henry IV. befides openly giving all his vaffals permiffion to embark in this expedition, which fo much engaged (he attention of Europe, promiled his prt>- teftion to the dutchy of Normandy during the abfence of the prince, and thereby enabled him to employ his whole force in the invafion of England:):. But the moft impor tant ally, whom William gained by his negociatiorr*;, was the pope, who had a mighty influence over the ancient ba rons, no lefs devout in their religious principles, than va lorous in their military enterprises. The Roman pontirF, * Oul. Pi^a -enfis, p. igS. f Gal. Gemet. lib. 7. cap. ;j. J Gul. Piit. p. 198. HAROLD. 13$ after an infenfible progrefs during feveral ages of darknefs CHAP, an 1 ignorance, began now to lift his head openly above all III. the princes of Europe ; to aflume the office o" a mediator, * * or even an arbiter, in the quarrels of the gre.itcfl mon.trchs; to iriterpofe in all fecular affairs ; and to obtrude his dic tates as fovereign laws on his oblequious difciples. It was a fuficient motive to Alexander II. the reigning pope, for emoracing William s quarrel, that he alone had made an appeal to his tribunal, and rendered him umpire of the di:pute between him and Harold ; but there were other advantages which that pontiff fore law mull refult from the conqueft of England by the Norman arms. That king dom, though at hilt converted bv Romilh miffionarics, though it had afterwards advanced iome farther fteps to wards lubjection to Rome, maintained flill a confiderable independence in its ecclefiaftical adminiftration ; an^ form ing a wo Id within itlblf, entirely feparated from the reft of Europe, it hid hitherto proved inacceffible to thole exor bitant claims which fupported the grandeur of the papacy. Alexander therefore hoped, that the French and Norman barons, if fuccefsful in their enterprife, might import into that country a more devoted reverence to the holy lee, and bring the Englilh chinches to a nearer conformity with thofe of the continent. He declared immediately in favour of William s claim ; pronounced Harold a perjured ufur- pcr; denounced excommunication againfl him and his ad herents; and the more to encourage the duke of Norman dy in his enterprife, he fent him aconfecrated banner, and a ring with one of St. Peter s hairs in it*. Thus were all the ambition and violence of that invafion covered over fafcly with the broad mantle of religion. THE greatefi difhculty which William had to encoun ter in his preparations, arofe from his own fubjecls in Nor mandy. The ftates of the dutchy were aiTemb led at Liile- bonne ; and fupplics being demanded lor the intended en- iJerprife, which promifed fo much glory and advantage to ^heir country, there appeared a reluctance in many mem bers, both to grant fums lo much bcvond the common mea- lure of taxes in that age, and to fet a precedent of perform ing their military leivice at a diltance fiom their own country. The duke, finding it dangerous to iblicit thern inaoody, conferred leparately with the richefi individuals in the province ; and beginning with thole on whole affec tions he mofl relied, he gradually engaged all of them to advance the fums demanded. The count of Longuevillc ftconded him in this negociaiion; as did the count of Mor~ * FV.ci, ;>. .!. edit. iCS-j. 140 HISTORY OF ENGLAND. taigne, Odo bifliop of Baieux, and efpecially William Fitz-Ofborne, count of Breteuil, and conftable of the dut- chy. Every perfon, when he himlelf was once engaged, endeavoured to bring over others ; and at laft the flates themfelves, after ftipulating that this conceflion mould be no precedent, voted that they would affift their prince to the utmoft in his intended enterprise*. William had now aflemblcd a fleet of 3000 veflels, great and fmallf, and had felected an army of 60,000 men from among thofe numerous fuppiies which from eve ry quarter folicited to be received into his fervice. The camp bore a fplended yet a martial appearance, from the difcipline of the men, the beauty and vigour of the horfes, the luftre of the arms, and the accoutrements of both ; but above all, from the high names of nobility who engaged under the banners of the duke of Normandy. The moil celebrated were Euftace count of Boulogne, Ai- meri de Tkouars, Hugh d Eftaples, William d Evreux, Geoffrey de Rotrou, Roger de Beaumont, William de Wa- renne, Roger de Montgomery, Hugh de Grantmefnil, Charles Martel, and Geoffrey GiffardJ. To thefe bold chieftains William held up the fpoils of England as the prize of their valour ; and pointing to the oppofite fhore, called to them, that there was the field, on which they muft erecl trophies to their name, and fix their eftabliflv* merits. WHILE he was making thefe mighty preparations, the duke, that he might cncreale the number of Harold s ene mies, excited the inveterate rancour of Tofti, and encou raged him, in concert with Harold Halfager, king of Nor way, to infeft the coafts of England. Tofti having col- letted about fixty veffels in the ports of Flanders, put to fea ; and after committing Come depredations on the fouth and eaft coafts, he failed to Northumberland, and was there joined by Halfager, who came over with a great arma ment of three hundred fail. The combined fleets entered the Humber, and difembarked the troops, who began to extend their depredations on all fides ; when Morcar earl of Northumberland, and Edwin earl ofMercia, the king s brothers-in-law, having haft ily collected fome forces, ven tured to give them battle. The action ended in the defeat and flight of thefe two noblemen. HAROLD, informed of this defeat, haftened with an army to the protection of his people ; arid exprefled the utmoft ardour to Ihow himfelf worthy of the crown which had been conferred upon him. This prince, though he was not * Camden. Introd. ad Britann. p. an. id. edit. Gibf. Verftegan, p. 173. t Ciul. Geioet. lib. 7. cap. 34. Otdericus Vitalis, p. 501. HAROLD. 141 fcnfible of the full extent of his danger, from the great C H A ?, combination againft him, had employed every art of popu- III. larity to acquire the atfeclions of the public ; and he gave * ./ fo many proofs of an equitable and prudent adminiftration, that the Englifh found no reafon to repent the choice which they had made of a fovereign. They flocked from all quarters to join his ftandard ; and as foon as he reached the enemy at Standford, he found himfelf in a condition to give them battle. The action was bloody ; but the victory sept. 25- was decifive on the fide of Harold, and ended in the total rout of the Norvegians, together with the death of Tofti and Halfager. Even the Norvegian fleet fellinto thehands of Harold ; who had the generofity to give prince Olave, the fon of Halfager, his liberty, and allow him to depart with twenty veflels. But he had fcarcely time to rejoice for this victory when he received intelligence that the duke of Normandy was landed with a great army in the Ibuth of England. The Norman fhet and army had been afiembled, early in the fummer, at the mouth of the fmall river Dive, and all the troops had been inftantly embarked ; but the winds proved long contrary, and detained them in that harbour. The authority, however, of good difcipline maintained among the feamen and foldiers, and the great care in fupplying them with provifions, had prevented any diforder ; when at laft the wind became favourable and enabled them to fail along the coaft, till they reached St. Valori. There were, however, feveral veflels loft in this fhort paflage ; and as the wind again proved contrary, the army began to imagine that heaven had de clared againft them, and that, notwithstanding the pope s benediction, they were deflined to certain deftruction. Thefe bold warriors, who defpifed real dangers, were ve ry fubject to the dread of imaginary ones ; ^nd many of them began to mutiny, fome of them even to defert their colours; when the duke, in order to fupport their drooping hopes, ordered a proceflion to be imde with the rcliques of St. Valori*, and prayers to be faid for more favourable weather. The wind inflantly changed ; and as this inci dent happened on the eve of the feaft of St. Michael, the tutelar faint of Xormandy, the foldiers, fancying they faw the hand of heaven in all thele concurring circumftances, fet out with the greateft alacrity : They met with no op- pofition on their paffage: A great fleet, which Harold had aifcmbled, and which had cruiled all fummer off the Ilk of * Higdeii, p. eS5. Order. Vitalis. p. 500. Matt!-.. Paris, cc!;. Paiifis, anno 1644. p. 2. J42 HISTORY OF ENGLAND. CHAP. Wight, had been difmiffed, on his receiving falfe intelli- III. gence that William, difcouraged by contrary winds and V v other accidents, had laid afide his preparations. The Norman armament, proceeding in great order, arrived, without any material lofs, at Pevenfey in Suffex ; and the armv quietly difembarked. The duke himfelf, as he leaped on (here, hap pened to ftumble and fall ; but had the prefence of mind, it is faid, to turn the omen to his advantage, by calling aloud that he ha#l taken poiTeffion of theco intry. And a foldier, running to a neighbouring cottage, plucked fome thatch, which, as if giving him feizine of the king dom, he prefented to his general. The joy and alacrity of William and his whole army was fo great, that they were nowife difcouraged, even when they heard of Ha rold s great victory over the \orvegians : They feemed ra ther to wait with impatience the arrival of the enemy. THE victory of Harold, though great and honourable, had proved in the main prejudicial to his interefts, and may be regarded as the immediate caufe of his ruin. He loft many of his braved officers and foldiersiri the action ; and he difgufted the reft, by refuting to diftribute the Norvegi- an ipoils among them : a conduct which was little agreea ble to hisufual generofity of temper ; but which hisdefire ot f paring the people, in the war that impended over him from the duke of Normandy, had probably occafioned. He haftcned, by quick marches, to reach this new invader ; but though he was reinforced at London and other places with frelh troops, he found himfelf alfo weakened by the deiertion of his old foldiers, who from fatigue and difcon- tent fecretly withdrew from their colours. His brother Gurth, a man of bravery and conduct, begal^to entertain apprehenfions of the event ; and remonftrated with the king, that it would be better policy to prolong the war ; at ieaft, toipare his own perfcn in the action. He urged to him, that the dafperate fituation of the duke of Nor mandy made it requi file for that prince to bring matters to a fpeedy dicifion, and put his whole fortune on the ifiue of * a battle ; but that the king of England, in his own coun try, beloved by his fubjects, provided with every fupply, * had more certain and lefs dangerous means of enfuring to himfelf the victory : That the Norman troops, c-laied on the one hand with the higheft hopes, and feeing, on the other, no refource in cafe of a difcomnture, would fight to the laft extremity; and being the flower of all the warriors of the continent, mud be regarded as formidable to the Knglifh : That ff their firfi. fire, which is always the moft dangerous, were allowed to languid) for want of aclion : if dbey were harafled with firnll fkirmifhes, ftraitcncd iq HAROLD. 143 provifions, and fatigued with the bad weather and deep CHAP, roads during the winter feafon, which was approaching, III. they mufi fall an eafy and a bloodlefs prey to their enemy: * * That if a general a6tion were delayed, the Englifb, fenfi- ble of the imminent danger to which their properties, as well as liberties, were expofed from thofe rapacious inva ders, would haften from all quarters to his afijfhnce, and would render his army invincible : That, at leaft, if he thought it neceflary to hazard a battle, he ought not to ex- pofe his own perfon ; but referve, in cafe of difaftrous ac cidents, fome refource to the liberty and independence of the kingdom : And that having once been fo unfortunate as to be conftrained to fwear, and that upon the holy re- liques, to fupport the pretenfions of the duke of Normandy, it were better that the command of the army fhouldbe en- trufted to another, who, not being bound by thofe facred ties, might give the foldiers more aflured hopes of a prof- perous itTue to the combat. HAROLD was deaf to all thefe remonflrances : Elated with his paft profperity,as well as Simulated by his native courage, he relblved to give battle in perfon ; and for that purpofe he drew near to the Normans, who had removed their camp and fleet to Haftings, where they fixed their quarters. He was fo confident of fuccefs, that he fent a mefiage to the duke, promifing him a fum of money if he would depart the kingdom without effufion of blood : But his offer was rejected with dil dain ; and William, not to be behind with his enemy in vaunting, fent him a mefTage by fome monks, requiring him either to refign the king dom, or to hold it of him in fealty, or to fubmit their caufe to the arbitration of the pope, or to fight him in fingle com bat. Harold replied, that the God of battles would foon be the arbiter of all their differences*. THE Englifh and Normans now prepared tliemfelves for this important decifion ; but the afpecl of things, on the night before the battle, was very different in the two camps. The Englifh fpent the time in riot, and jollity, and diforder ; the Normans in filence, and in prayer, and in the other funcHons of their religionf. On the morn ing, the duke called together the moft confidcrable of his commanders, and made them a fpeech fuifable to the oc- cafion. He reprefented to them, that the event, which they and he had long withed for, was approaching ; the whole fortune of the war now depended on their fwords, and would be decided in a fingle aclion : That never army had greater motives for exerting a vigorous courage, whe- * Higden, p. 286. f V, . Mahn. p. 101. De Gefi. Angl. p. 332. 44 HISTORY OF ENGLAND. CHAP, ther they confidered the prize which would attend their III. victory, or the inevitable deftruclion which muft enfue upon v v their difcomfiture; That if their martial and veteran bands t could once break thofe raw foldiers, who had rafhly dared to approach them, they conquered a kingdom af one blow, and were juftly entitled to all its pofleffions as the reward of their profperous valour : That, on the contrary, if they remitted in the lead their wonted prowefs, an enraged ene my hung upon their rear, the fea met them in their retreat, and an ignominious death was the certain puniftiment of their imprudent cowardice : That, by collecting fo nume rous and brave a hoft, hehadenfured every human means of conqueft ; and the commander of the enemy, by his crimi nal conduct, had given him juft caufe to hope for the fa vour of the Almighty, in whofe hands alone lay the event of wars and battles : And that a perjured ufurper, anathe matized by the fovereign pontiff, and confcious of his own breach of faith, would be ftruck with terror on their ap pearance, and would prognofticate to himfelf that fate which his multiplied crimes had fo juflly merited*. The duke next divided his army into three lines : The firft , led by Montgomery, confifted of archers and light armed in fantry : The fecond, commanded by Martel, was compofed of hisbraveft battalions, heavy armed, and ranged In clofe or der : His cavalry, at whofe head he placed himfelf, form ed the third line ; and were fo difpofed, that they ftretch- ed beyond the infantry, arrd flanked each wing of the armyf. He ordered the fignal of battle to be given ; and the whole army, moving at once, and finging the hymn or fong of Roland, the famous peer of Charlemagne^, advanced in order and with alacrity towards the enemy. HAROLD had feized the advantage of a rifing ground, and having likewife drawn fome trenches to fecure hi? flanks, he refolved to (land upon the defenfive, and to avoid all action with the cavalry, in which lie was inferi or. The Kentifh men were placed in the van ; a pofl which they had always claimed as their due : The Lon doners guarded the ftandard : And the king himfelf, accompanied by his two valiant brothers, Gurth and Lcofwin, demounting, placed himfelf at the head of his infantr-% and exprefTed his resolution to conquer, or to perifh in the ac~lion. The firft attack of the Normans was defperate, but was received with equal valour by the Englifh ; and after a furious combat, which remained * H. Hunt. p. 368. Brompton, p. 959. Gul. Pift. p. 201. f Gul. Pift. oi. Order. Vital, p. 501. + W. M.flm. p. 101. Higden, p. 286. Matth. Weft. p. 223. Du Gauge s G oilary ic vcrbo Can tilena Rolandi. HAROLD. 145 long undecided, the former, overcome by the difficulty CHAP. of the ground, and hard prefTed by the enemy, began fir ft III. to relax their vigour, then to retreat ; and confufion was w - t v ; Spreading among the ranks, when William, who found himfelf on the brink of deftru6tion, haftened with a fe- Je6l band to the relief of his dilinayed forces. His pre- (ence reftored the action ; the EngliOi were obliged to retire with lofs ; and the duke, ordering his fecond line to advance, renewed the attack with frefh forces, and with redoubled courage. Finding that the enemy, aided by the advantage of ground, and animated by the example of their prince, Oill made a vigorous refiftance, he tried a ftratagem, which was very delicate in its management, but which feemed advifable in his defperate fituation, where, if he gained not a decifive viclory, he was totally undone : He commanded his troops to make a hafty re treat, and to allure the enemy from their ground by the appearance of flight. The artifice fucceeded againft thofe unexperienced foldicrs, who, heated by the action, and fanguine in their hopes, precipitately followed the Normans into the plain. William gave orders, that at once the infantry fhould face about upon their purfuers, and the cavalry make an aflault upon their wings, and both of tUem purfue the advantage, which the furprife and terror of the eremy mufl give them in that critical and decifive moment. The Englifh were repulfed with great Daughter, and driven back to the hill ; where, being rallied by the bravery of Harold, they were able not- withftanding their lofs, to maintain the port, and continue the combat. The duke tried the fame ftratagem a fecond fime with the fame fuccefs ; but even after this double advantage, he fh ll found a great body of the Englifh, who, maintaining themlelves in firm array, fcemed deter mined to difpute the victory to the laft extremity. He ordered his heavy armed infantry to make an alTault upon them ; while his archers, placed behind, (houid gall the enemy, who were expofcd by the fituation of the ground, and who were intent in defending themfelves agairift the fwords and fpears of the aiTailants. By this difpofition he at laft prevailed : Harold was (lain by an arrow, while he was combating with great bravery at the head of his men : His two brothers fhared the fame fate : And the Englifh, dilcouraged by the fall of thofe princes, gave ground on all fides, and were puriued with great (laughter by the vic torious Normans. A few troops, however, of the van- qiiimed had (till the courage to turn upon their purfoers; and attacking them in deep and miry ground, obtained lome revenge for the flaughter and diinoaor of the day. VOL. I. U 146. HISTORY OF ENGLAND. CHAP. But the appearance of the duke obliged them to feetc III. their fafety by flight ; and darknefs faved them from any 11 v ; farther purfuit by the enemy. THUS was gained by William, duke of Normandy, the great and decifive viftory of Haftings, after a battle which was fought from morning till funfet, and which feemed worthy, by the heroic valour difplayed by both armies, and by both commanders, to decide the fate of a mighty kingdom. William had three horfes killed under him ; and there fell near fifteen tboufand men on the fide of the Normans : The lofs was fiill more confiderable on that of the vanquifhed ; befides the death of the king and his two brothers. The dead body of Harold was brought to William, and was generoufly reftored without ranfom to his mother. The Norman army left not the field of battle without giving thanks to heaven in the moft folemn manner for their victory : And the prince, having re- frefhed his troops, prepared to pufh to the utrnoft his ad vantage againft the divided, difmayed, and difcomfited Englifli. APPENDIX I. THE ANGLO.SAXON GOVERNMENT AND MANNERS. Fir/I Saxon government Suicejfion of the kings I he Wittenagemol The. arijlocracy The fevered orders oj men Courts of juftict Criminal law Rules of proof- Military Jorce Public re venue Value of money -Manners- TH E government of the Germans, and that of all the northern nations, who efbblimed themfelves on the ruins of Rome, was always extremely free ; and thofe fierce people, accuftomed to independence and enured to arms, were more guided by perfuafion than authority, in the fubmiflion whick they paid to their princes. The military deipotiim, which had taken place in the Roman empire, and which, previoufly to the irruption of thofe conquerors had funk the genius of men, and deftroyed every noble principle of fciencc and virtue, was unable to refill the vigorous efforts of a free people ; and Europe, as from a new epoch, rekin dled her ancient fpirit, and fhook off the bale fervitude to arbitrary will and authority under which fhe had fo long laboured. The free conflitutions then efhblifhed, how ever impaired by the encroachments of fucceeding prin ces, ftill preili ve an air of independence and legal ad- miniftration, which JiPiinguifhed the European nations; and if that part of the jjlobe maintain fentiments of liberty, honour, enquity, -and valour, fuperior to the reft of mankind, rtowesthefe advantages chiefly to the feeds 5m-> rlanted by thofe generous barbarians. 148 HISTORY OF ENGLAND. ; Appendix T HE Saxons, who fubdued Britain, as they enjoyed great liberty in their own country, obftinately retained v v that invaluable pofleffion in their new fcttlement ; and they impoited into this iiland the fame principles of in dependence, which they had inherited from their ancef- Firftsax- tois. The chieftains (for fuch they were, more pro- on eovern- perly than kings or princes) who commanded them in thofc military expeditions, ftill po defied a very limited authority ; and as the Saxons exterminated, rather than Jubdued, the ancient inhabitants, they were indeed transplanted into a new territory, but prefened unalter ed all their civil and military inftitutions. The lan guage was pure Saxon ; even the names of places, winch often remain while the tongue entirely changes, were almcftall affixed by the conquerors; the manners and cuftoms were wholly German ; and the fame picture of a fierce and bold liberty, which is drawn by the mafterly pencil cf Tacitus, will fuit thofe founders of the Englifli government. The king, fo far from being inverted with arbitrary power, was only confidcred as the firft among the citizens ; his authority depended more on his perfonal qualities than on his ftation ; he was even fo far on a level with the people, that a flared price was fixed for his head, and a legal fine was levied upon his inurderer, which, though proportionate to his fiation, and fuperior to that paid for the life of a fubjeft, was a fen- fib le mark of his fubordination to the community. IT is eafy to imagine, that an independent people, fo little reftraifted by law and cultivated by fcience, would not be very ftricr. irf*maintaining a regular fuccefiion of their princes. Though they paid great regard to the royal family, and afcribed toil an undifputed fupcrioritv, they either ha.d no rule, or none that was fleadily obfer- ved, in filling the vacant throne ; and preient conveni ence, in that emergency, was more attended to than ge neral principles. We are not, however, to fuppofe that the crown was confidered as altogether elective ; and that a regular plan was traced by theconftitution for fupplying, by the furFrages of the people, every vacancy made by the demife of the firft magiftrate. If any king left a fon of an age and capacity fit for government, the young piince naturally ftepped into the throne : If he mas a minor, his uncle, or the next prince of the blood, was promoted to the government, and left the fceptrc to his pofterity : Any lovereign, by taking previous meafures with the lead ing men, had it greatly in his power to appoint his fuc- ceiTor : All thefe changes, and indeed the ordinary ad- A P P E N D I X I. 149 numeration of government, required the exprefs concur- Appindi* rence, oral lealt the tacit acquiefeence, of the people ; * but pofTdfion, however obtained, was extremely apt to v fecure their obedience, and the idea of any right, which wascnce excluded, was but feeble and imperfect. This is Ib much the cafe in all barbarous monarchies, and occurs fo often in the hiftory of the Anglo-Saxons, that we cannot confidently entertain any other notion of their government. The idea of an hereditary fucceffion in authority is fo natural to men, and is fo much fortified by the ufual rule in tranfir.itting private poffrffions, that it mufi retain a great influence on every fociety, which does not exclude it by the refinements of a republican confiitu- tion. But as there is a material difference between go vernment and private poffeffions, and every man is not as much qualified for exercifing the one, as for enjoying the other, a people who are not fennble of the general advan tages atte- ding a fixed rule, are apt to make great leaps in the fucceffion, and frequently to pafs over the perfon, who, had he poilcflcd tiie rsquifite years and abilities, would have been thought entitled to the fovereignty. Thus, thefe monarchies are not, fhictly fpeaking, either elec tive or hereditary ; and though the deftination of a prince may often be followed irj appointing his fuccelTor, they can as little be regarded as wholly teftamentary. The ftates by their futfrage may fometimes eflablifh a fove- reign ; but they more frequently recognife the perfon whom they find eftablifhed : A few great men take the lead ; the people, overawed and influenced, acquiefce in the government ; and the reigning prince, provided he be of the royal family, paffes undifputedly for the legal fo- vereign. IT is confefled, that our knowledge of the Anglo- TheWit- Saxon hiftory and antiquities is too imperfect to afford tena cmo ~ us means of determining, with certainty, all the preio- gatives of the crown and privileges of the people, or of giving an exact delineation of that government. It is probable alfo, that the cor.ftitution might be fomewhat different : n the different kingdoms of the Heptarchy, and that it changed confiderably during the courfe of fix cen turies which elapfed from the firft invasion of the Saxons till the Norman conqueft*. But mod of thefe differences * \\ e know of one change, not inconlirierable, in the Saxon conftitution. The Saxon Annals, p. 40, infoim us ttat it was in early times ! he ]>ivri>j-.a:ivc of the kin? to rame the dukes, eai Is, alderroen, and (lieiitis of the counties. After, a cor.temnovarv writer, informs us, that A?fied liepofed atl the ignorant aldermen, lixt appointed $}ei) of more capacity in iheir place : Yet the Laws 150 HISTORY OF ENGLAND. Appendix and changes, with their caufes and effects, are unknown to us : It only appears, >ru:t at alJ times, and in all the ""* kingdoms, there was a national council, called a Wit- tenage.Tiot, or allembiy of the wife men (for that is the import of the term), whofe confent was requifite for ena&ing laws and for ratifying the chief acts -of public adminiftration. The preambles to all the Jaws of Ethelbert, Jna, Alfred, Edward the Elder, Athelftan, Edmond, Edgar, Ethelred, and Edward the ConfcfTor ; even thofe to the laws of Canute, though a kind of conqueror ; put this matter be yond controycrfy, and carry proofs every where of a li mited and legal government. But who were the confti- tuent members of this Witteriagempt has not been determi ned v. -ith certainty by antiquaries It is agreed, that the Hfhops and abbots * were an efler.tial part ; and it is alfo evident, from the tenor of thole ancient laws, that the Wittenagcmot enacted ftatutes which regulated the ecclefi- aflical as well as civil government, and that thofe dange rous principles, by which the church istotally fevered from the Kate, were hitherto unknown to the Anglo-Saxons f. It a!ib appears, that the aldermen, or governors of coun tries, who after the Danifh times were often called earls J, were admitted into this council, and gave their confent to the public ftatutes. But betide? the prelates and alder men, there is alfo mention of the witfs, or wife-men, as a component part of the Wittepagemot ; but who thefe were, is not fo clearly afcertained by the laws or the. hiftory of that period. The matter would probably be of difficult difcuftion, even were it examined impartially ; but as our modern pirties have chofen to divide on this point, the queflion has been difputed with the greater cb- llinacy, and the arguments on both fides have become, on that account, the more captious and deceitful. Our mo- ni .rchical fa61ion rnaintisin, that thefe wiles, or fapientes M cre the judges, or men learned in the law : i he popu lar f.iclion aiFert them to be repiefentatives of the bo- roir^hs, or what wo now call the commons. of Edward the Confefnr, *" i,- . fnv e.xprcfsly, that the hereto?!) ;, or flukes, anrl t -.e (l.triftf, verechofen bv the fife-holders in thfi folkmote, a county- court, vhurh \v<t< afu.-mbled once a j-ejr, and where all the freeholders fwoia ailcg,^ance to tlie king. * Sometimes al)be!Tes werr admitted : at leaft, they often fijn the king s charter? or ra^ts. S|)c,m. Gloii. in verb:, fiirliamcntum. f Wilkins palfim. J Ses i>oie IGJ at the end of the -olnme. A P P E N D 1 X I. 151 THE expreflions employed by all ancient hiftorians, in .Appendix mentioning the Wittenagemot, feem to contradict the lat- * ter luppofition. The members are almoft always called ^ v " the pnncitxs, fatrapcc, opiimates, magnates, prjcere.s ; terms which leem to fuppofe an ariftocracy, and to >. x- clude the commons. The boroughs alfo, from th.: iov/ fiate of commerce, were fo final 1 and \o poor, and the in habitants lived in fuch dependence on the great men*, that it feems nowife probable they would be admitted a- .1 part of the notional councils. The commons arc well known to have had no lhare in the governments eltabi ed by the Franks, Burgundians, and other northern nations; and we m:iy conclude that the Saxons, wfao remaned longer barbarous and uncivilized than thole tribes, would never think of conferring fuch an extraordinary privilege on trade and induftry. The military prole 1 v .one was honourable among all thofe conquerors: The vrarrlcrs fubfilled by their potFe (lions in land: The became coa- fiderable by their influence over their vaflals, retainers, tenants, and flaves : And it requires ftront: proof u> convince us that they would admit any of a rank fo n uch inferior as the burgeffes,. to lhare with them in tb.e legif* lative authority. Tacitus indeed afHrms, that, among the ancient Germans, the content of all the members of the community was required in every important delibera tion ; but he fpealcs not of reprelentatives ; and this an cient practice, mentioned by the Roman hiftorian, could only have place in fmall tribes, where every citizen might, without inconvenience, be affembled upon any extraordinary emergency. After principalities became extenfive ; after the difference of property had formed diftinctions more important than thofe which arofe from pcrfonal ftrength and valour ; \ve may conclude, that the national aflemblies mud have been more limited in their number, and compofed only of the more confiderable ci tizens. BUT though we mufl exchide the biirgcffes or commons from the Saxon Wittenagemot, there is fotnc necei iity for fuppofing that this alTembJly confilied of other members than the prelates, abbots, aldermen, and the judges or privy council. For as all thefe, exri ptiiij fume of the ec- defiafticsf , were anciently appointed by the king, had * Brady s Treatife of Englifli Boroughs, pa$e, 3, 4, 5, &c. f There is fome reafun to think trur ;hc bi^.i )j)s were f<>met ; mcs chnf^n b/ the Wittenagemot, and connrmed by the kir.j. Kadins, :ap. 2. i he abbots in the moiiafi-jrifs of royal foundation were anciently named by ihr k iu, though Ldgar gave the monks the election, and only lel t.-rvcd tohiinf-j ratificutijn. i i.is deftinauua was afterwarui frequently v: jh:ed ; and the 152 HISTORY OF ENGLAND. Appendix there been no other legiflative authority, the royal power had been in a great meafure abiblute, contrary to the tenor v ~~~v of all the hiftorians, and to the practice of all the northern nations. We may therefore conclude, that the more con- fiderable proprietors of land were, without any election, conftituent members of the national affembly : There is realbn to think that forty hydes, or between four and five thoufand acres, was the eftate requifite for entitling the poffeflbr to this honourable privilege. We find a paffage in an ancient authorf, by which it appears, that a per- fon of very noble birth, even one allied to the crown, was not eftcemed a ptinccpi (the term ufually employed by ancient hiftorians when the \Vittenagemot is mention ed) till he had acquired a fortune of that amount. Nor need we imagine that the public council would become diforderly or confufed by admitting io great a multitude. The landed property of England was probably in few hands during the Saxon times ; at leaf! during the later part of that period : And as men had hardly any ambi tion to attend thofe public councils, there was no danger of the affembly s becoming too numerous for the difpatch of the little bufineis which was brought before them. IT is certain, that whatever we may determine concern ing the conftituent members of the Wittcnagemot, in Tic anfio- whom, with the king, the legiflature refided, the Anglo- Saxon government, in the period preceding the Norman conqueft, was become extremely ariftocratical : The royal authority was very limited ; the people, even if admitted to that a (Terribly, were of little or no weight and conil- deration. We have hints given us in hiftorians, of the great power and riches of particular noblemen : And it could not but happen, after the abolition of the Heptarchy, when the king lived at a diftance from the provinces, that thofe great proprietors, who refided on their eftates, would much augment their authority over their vaffals and re tainers, and overall the inhubitanlsof the neighbourhood. Hence the immeafurable power afTumed by Harold, God win, Leoiric, Siward, Morcar, Edwin, Edric, and Al- fric, who controlled the authority of the kings, and ren dered themfclves quite neceflary in the government. The two latter, though detefted by the people on account of their joining a foreign enemy, ftill preierved their power and influence ; and we may therefore conclude, that their authority was founded, not on popularity, but on family abbots, as well as bifliops, were afterwards all appointed by the king ; as we leain from Ingulf, a writer contemporary to the conqueft. t Hift. ElieEfis, lib. 2. cap. 40. A P P E N D I X I. 153 tights and poflevTions. There is one Athelflan mentioned in the reign of the king of that name, who is called alder man of all England, and is laid to be half-king; though the monarch himfelf was a prince of valour and abilities*. And \ve find, that in the later Saxon times, and in thefe alone, the great offices went from father to fon, and be came in a manner hereditary in the families^. THE circumftances attending the invafions of the Danes would alfo ferve much to increafe the power of the prin cipal nobility. Thoie freebooters made unexpected in roads on all quarters ; and there was a necefTity that each county mould refill them by its own force, and under the condtrJt of its own nobility and its own magiftrates. For the fame reafon that a general war, managed by the uni ted efibrts of the whole ftate, commonly augments the power of the crown ; thofe private wars and inroads turn ed to the advantage of the aldermen and nobles. AMONG that military and turbulent people, fo averfe to commerce and the arts, and fo little enured toinduftry, jullice was commonly very ill administered, and great opprtflion and violence feem to have prevailed. Thefe diforders would be encreaied by the exorbitant power of the arifiocracy ; and would, in their turn, contribute to increafe it. Men, not daring to rely on the guardianship of the laws, were obliged to devote themfelves to the ier- vice of fome chieftain, whofe orders they followed, even to the difturbance of the government or the injury of their fellow-citizens, and who afforded them, in return, pro tection from any infult or injurtice by itrangers. Hence we find, by the extracts which Dr. Brady has given us from Dornefday, that almoft all the inhabitants, even of towns, had placed themfelves under the clientihip of fome particular nobleman, whofe patronage they purchased by annual payments, and whom they were obliged to confi- der as their fovereign, more than the king himfelf, or even the legitlalure$. A client, though a freemen, was luppofed fo much to belong to his patron, that his murder er was obliged by law to pay a fine to the latter, as a compenfation for his lofs ; in like manner as he paid a VOL. 1. X Hift Ramef. 3. p. 3?;. f Ro^er Hovedcn, giving ihe reafon why William the Cor.qveior rr.a<?e Co pttric earl of Northumberland, fays, Njm ex matcrno fang tfhit attintbat ad turn honor illius ctmitatus. Erat enint ex matre Algitba, jilia Utbredi comitis, .See alfo Sim. Dun. p. 205. We fee in thofe initances, The fame tendency towards rendering oifires hereditary, v/hich tcok place, during a more eaily i i "1, on the continent; and which had alrfady produced theie its full fKeot. | Br<ily s Treatife of Boroughs, 3, 4, 5, &c. The rafe was the fame wit X* iliL- itc^inen in the country. See Pret. to his Hift. p. 8, 9, ic, i<c. 1 54 HISTORY OF ENGLAND. fine to the matter for the murder of his flave*. Men who were of a more considerable rank, but not powerful enough, each to fuppoit hitnfelf by his own independent authority, entered into formal confederacies with each other, and compofed a kind of feparate community, which rendered itieif formidable to all aggreffors, Dr. Hickes has pre- ferved a curious Saxon bond of this kind, which he calls a Sodalitium, and which contains many particuiarscharac- terifiical of the manners and cuftomsof the timesf. All the aflcKiates are there laid to be gentlemen of Cambridge- fhire ; and they fwear before the holy reliques to obferve their conf-deracy, and to be faithful to each other : They promife to bury any of the affociates who dies, in whate ver p ~e he had appointed ; to contribute to his funeral cRarges ; and to attend at his interment ; and whoever is wanting in this lalt duty, binds himfelf to pay a meaiure of honey. When any of the affociates is in danger, and calls for the affiftance of his fel ows, they promife, befides flying o Ins fuccour, to give information to the ftierirF; and if he be negligent in protecting the perlon expoled to danger, they engage to levy a fine of one pound upon him: If the prefident of the fociety himfelf be wanting in this particular, he binds himfelf to pay one pound ; unlefs he has the reasonable excufe of ficknefs, or of duty to his Superior. When any of the affociates is murdered, they are to exaft eight pounds from the murderer ; and if he refufe to pay it, they are to profecute him for the fum at their joint experice. If any of the affociates who happens to be poor kill a man, the fociety are to contribute, by a certain proportion, to pay his fine : A mark a piece if the fine be 700 millings ; lefs if the perfon killed be a clown or ceorle ; the half of that fum again if he be a Welfh- man. But where any of the affociates kills a man, wil fully and without provocation, he muft himfelf pay the fv T e. If any of the affociates kill any of his fellows in a like criminal manner, befides paying the ulual fine to the rela tions of the deceafed, he muft pay eight pounds to the fociety, or renounce the benefit of it ; In which cafe they binJ themfelves, under the penalty of one pound, never to eat or drink xvith him, except in the prefence of the king, bifhop, or alderman. There are other regulations to protect themfelves and their fervants from all injuries, to revenge fueh as are committed, and to prevent their giving abufive language to each other ; and ihe fine, which they engage to pay for this lad offence, is a meafure of honey. LL. Edw. Conf. 6. apud Ingulf. f Difiert. Epift. p. ci. APPENDIX I. IT is not to be doubted but a confederacy of this kind Appendix mufl have been a great fource of friendfhip and attachment ; ! when men lived in perpetual danger from enemies, rob- * * ^ bers and oppreflbrs, and received proteclion chiefly from their perfonal valour, and from the affiftance of their friends or patrons. As animofities were then more vio lent, connexions were alfo more intimate, whether volun tary or derived from blood : The molt remote degree of propinquity was regarded : An indelible memory of be nefits was prefervcd : Severe vengeance was taken for in juries, both from a point of honour, and as the bed means of future fecurity : And the civil union being weak, ma* ny private engagements were contracted in order to fup- ply its, place, and to procure men that faftey which the laws and their own innocence were not alone able to in- fure to them. ON the whole, notwithdanding the fceming liberty, or rather licentioulneis of the Anglo-Saxons, the great body even of the free citizens, in thole ages, really enjoyed much lefs true liberty than where the execution of the laws is the mod fevere, and where fubjecls are reduced to the drifted fubordination and dependence on the civil magidrate. The reafon is derived from the excefs itfclf of that liberty. Men mud guard themfelves at any price againfl infults and injuries; and where they receive not protection from the laws and magidrate, they will feekit by iubmiflion to fuperiors, and by herding in iome private confederacy which atis under the direction of a powerful leader. And thus all anarchy is the immediate caufc of tyranny, if not over the date, at lead over many of the in dividuals. SECURITY was provided by the Saxon laws to all members of the Wittenagemot, both in going and return ing, except they were notorious thieves and jobbers. THE German Saxons, as the other nations of that con- The fever; tirient, were divided into three ranks of men, the noble, rtier: > f the free, and the flaves*. This didinclion they brought lfleii over with them into Britain. THE nobles were called thanes ; and wrre of two kinds, the king s tharves and letter thanes. The latter feem to have bee i dependent on the former ; and to have received hinds, for which thev paid rent, fervices, or attendance ipt peace and warf. We kndw of no title which railed any one to the rank of thane, except noble birth and the pof- (eflion of land. The former was always much regarded y all the German nations, even in their mofi barbarous Xi-.hard. Hif*. \.\>. 4. * i yelm. . e .-. U Tw.ises. p. 40, HISTORY OF ENGLAND. fiate ; and as the Saxon nobility, having little credit, could fcarcely burthen their eftatcswith much debt, and as the commons had little trade or indufiry by which they could accumulate riches, thefe two ranks of men, even though they were not feparated by pofitive laws, might remain long diiVmcr., and the noble families continue many ages in opulence and fplendour. There were no middle ranks of men, that could gradually mix with their Superiors, and infenfibly procure to themfelves honour and diftinc- tion. if by any extraordinary accident a mean perfon acquires riches, a circumftance fo fingular made him be known and remarked ; he became the object of envy, as Avell as of indignation, to all the nobles ; he would have great difficulty to defend what he had acquired ; and he would find it impoffible to protect himfelf from oppreffion } except by courting the patronage of fome great chieftain, and paying a large price for his fafety. THERE are two itatutes among the Saxon laws which teem calculated to confound tboie different ranks of men ; that of Athelftan, by which a merchant, who had made three long lea-voyages on his own account, was entitled to the quality of thane * ; and that of the fame prince, by which a ceorle or hufbandman, who had been able to purchafe five hydesofland, and had a chapel, a kitchen, a hall, and a bell, was railed to the fame diftitiftion f. But the opportunities were fo few, by which a merchant or ceorle could thus exalt himfelf above his rank, that the law could never overcome the reigning prejudices ; the difiinftion between noble and bafe blood would fiill be indelible ; and the Well-born lhanes would entertain the highert contempt for thofe legal and factitious ones. Though we are not informed of any of thefe circumftances by ancient hiftorians, they are fo much founded on the nature of things, that we may admit them asa ncceffary and infallible confequence of the fituation of the kingdom during thofe ages. THE cities appear by Domefday-book to have been at the conqueft little better than villages $. York itfclf, though it was always the fccond, at leaft the third || city in England, and was the capital of a great province, * Wilkins, p. 71. f Selden, Titles of Honour, p. 515. Wilkin;, p. 70. Winchefter, being the capital of the \Vefl Saxon monarchy, was anciently a cor.fiderable city. Gul. Hid. p. 211. ii Norwich contained 758 houl es, Exeter 315, Ipfwich 538, Northampton 60, Hertford 146, Canterbury ^6^, Bath 64, Southampton b<j, Warwick 225. .See Bra. !y of Boroughs p. 3, 4, $, (,, ,;c. Mhe . e aie the nioft conTiderabip he mcntionj. i he account of them is extracted fjom Dcmel clay-book. APPENDIX!. 157 which ncverwas thoroughly united with the reft, contained Appendix then but 1418 families *. Malmefbury tells us f, that the I. great diltindtion between the Anglo-Saxon nobility, and * tdc French or Norman, was, that the latter built magni ficent and ftately cafUes ; whereas the former confumed their immenfe fortunes in riot and hofpitality, and in mean houies. We may thence infer, that the arts in general were much lefs advanced in England than in France ; a greater number of idle fcrvants and retainers lived about the great families ; and as thefe, even in France, were powerful enough to difturb the execution of the laws, we may judge of the au hority acquired by the ariftocracy in England. When earl Godwin befieged the Confeffor in London, he fummoned from all parts his hufcarles, or houfeceorles and retainers, and thereby conflrained his fovereign to accept of the conditions which he was pleafed to iinpofeupon him. THE lower rank of freemen were denominated ceorles among the Anglo-Saxo s ; and, where they were in- duflribus, they were chiefly employed in husbandry : Whence a ceorle and a hufbandman became in a manner fynonymous terms. They cultivated the farms of the no bility or thanes, for which they paid rent ; and they feem to have been removeable at pleafure. For there is Jittlc mention of leales among the Anglo-Saxons : The pride of the nobility, together with the general ignorance of writing, mull have rendered thofe contracts very rare, and mull have kept the hufbandmen in a dependent condition. The rents of farms were then chiefly paid in kind J. BUT the moft numerous rank by far in the community feems to have been the flaves or villains, who were the property of their lords, and were confequently incapable themfelves of poffefTing any property. Dr. Brady allures u?, from a furvey of Domefday-book |], that, in all the counties of England, the far greater part of the land was occupied by them, and that the hulbanclmeo, and ftill more the focmen, who were tenants that could not be re moved at pleafure, were very few in companion. This was not the cafe with the German nations, as far as we can collect from the account given us by Tacitus. The per petual wars in the Heptarchy, and the depredations of * Fraiy s Trearife of Boroughs, p. 10. There were fix wards, befidcs the archlr.iV.ii/s palace ; and five of thefe wards contained the number of fjmi- lics here mentioned, which, at the rats of (r. u pcrfons toafam;ly, makes about 7000 fouls. The fixth ward wa.> laid wafte. t P. 102. See a .fo deGeil. Angl. p. 333. LL.lnx, 70. Thefe laws axed the rents for a hyde ; but it is difficult to convert it into modern meafures. || Geneial Preface to his Hi:t. p. 7, S, 9, Sic. HISTORY OF ENGLAND. the Danes, feem to have been the caufe of this great alte- ration with the Anglo-Saxons. Priibners taken in battle, or carried ofFin the frequent inroads, were then reduced to flavery ; and became, by right of war * , entirely at the difpofal of their lords. Great property in the no bles, cfpecially if jointed to an irregular adminiftration of juftice, naturally favours the power of the ariftocracy ; but Hill morefo, if the practice of flavery be admitted, and has become very common The nobility not only po fiefs the influence which always attends riches, but allb the power which the laws give them over their flaves and villains. It then becomes difficult, and almoft impoflfible, for a private man to remain altogether free and inde pendent. THERE were two kinds cf flaves among the Anglo- Saxons; houfchold flaves, after the manner of theancients, and prandial or ruftic, after the manner of the Germans 1*. Theie latter refembled the ferfs, which are at prefent to be met with in Poland, Denmark, and fome parts of Ger many. The power of a mafler over his flaves was not un limited among the Anglo-Saxons, as it was among their anceflors. If a man beat out his flave s eye or teeth, the Have recovered his liberty J : If he killed him, he paid a fine to the king ; provided the flave died within a day after the wound or blow : Otherwife it pafied unpunifhed ||. The felling of themfelves or children to flavery was always the practice among the German nations **, and was continu ed by the Anglo-Saxons ft. THE great lords and abbots among the Anglo-Saxons, pofTefied a criminal juiifdiclion within thinr territories, and could punifh, without appeal, anv thieves or robbers whom they caught there \\. This inftitution muft have had a very contrary effecl to that which was intended, and muft have procured robbers a fure protection on the lands of fuch noblemen as did not fincerely mean todifcouragi cri mes and violence. courts of BUT though the general ftrain of the Anglo Saxon go vernment feems to have become ariilocratical, there were flill confiderable remains of the ancient democracy, which were not indeed fufficient to protect the Jowelt of the peo ple, without the patronage of fome great lord, but might give fecurity, and even fome degree of dignity, to the * LL. Edg. 5, 14. apnrt Spelm. Ccnc. vol. i.p.47T. t Spelm. GloiT. in verb. Str-uus. J LL. Ell. ;?. | Ibid. 17. ** Tacit, rfe Morib. Germ. ft LL, In*, it. LL. A .\f. i7. ** Higcien, lib. \. cap. 50. LL. "f.dw. Conf. 26. Sp.elm. Cone. vol. i. p. ^15. GloU . in vetb. Ihligeinot CJ Infavgtr.ibefe. A P P E N D I X I. 159 gentry or inferior nobility. The adminiflration of juflice, Append-* in particular, by the courts of the decennary, the hundred, * and the county, was well calculated to defend general v * liberty, and to reftrain the power of the nobles, in the county courts, or fhiremotes, all the freeholders were af- fembled twice a-year, and received appeals from the infe rior courts. They there decided all caules, ecclefiafiical as well as civil ; and the bilhop, together with the alder man or earl, prefided over them*. The affair was deter mined in a lummary manner, without much pleading, formality, or delay, by a majority of voices; and the bi lhop and alderman had no further authority than to keep order among the freeholders, and interpoie with their opi- nionf. Where juflice was denied during three feffions by the hundred, and then by the county court, there lay an appeal to the king s courtj ; but this was not praclifed on flight occafions. The aldermen received a third of the fines levied in thofe courts)! ; and as moft of the punifh- ments were then pecuniary, this perquifite forfned a con- fiderable part of the profits belonging to his office. The two thirds alfo, which went to the king, made no con temptible part of the public revenue. Any freeholder was fined who abfented himielf thrice from thcfe courts** As the extreme ignorance of the age made deeds and writings very rare, the county or hundred court was the place where the moft remarkable civil tranfaclions were firiifhed, in order to prelervc the memory of them, and prevent all future difputes. Here teftaments were pro mulgated, flaves manumitted, bargains of lale concluded ; and ibmetimes, for greater fecurity, the moft considerable of thefe deeds were inferted in the blank leaves of the parifh Bible, which thus became a kind of regifter too lacred to be falfificd. It <vas not uiufual to add to the deed an imprecation on all fuch as Ihould be guilty of the crimeff. AMONG a people, who lived in fo umple a manner as the Anglo-Saxons, the judicial power is always of greater importance than the legiflative. There were few or no taxes im poled by the ftates: There were few flatutes enact ed ; and the nation was lefs governed by laws than by cufioms, which admitted a great latitude of interpretation. Though it fhould, therefore, be allowed that the Witlc- nagcmotwas altogether compofed of the principal nobility, the county-courts, where all the freeholders were admitted, * LL. Edg. 5. Wilkins, p. 78. LL. Canute. 17. Wilkins, p. 136. t Hickes, Differt. Epirt. p. 2, 3, 4, 5, 6, 7, 3. LL. Edg. ^ z. Wilkins, p. 77. LL. Canut. 18. apud \Viikins, p. 136. || LL. Edw. onf. j;. * LL. Ethelft. 20. |f Hictes, Difleit. Epift. i6o HISTORY OF ENGLANf). Appendix. anc j which regulated all the daily occurrences of life, form ed a wide bafts for the government, and were no contemp tible checks oa the ariitocracy. But there is another pow er dill more important than either the judicial or legifia- tive; to wit, the power of injuring or ferving by immediate force and violence, for which it is difficult to obtain redrefs in courts of juftice. In all extenfive governments, where the execution of the laws is feeble, this power naturally falls into the hands of the principal nobility ; and the de gree of it which prevails, cannot be determined fo much by the public ftatutes, as by finall incidents in hiflory, by particular cufloms, and iometimes by the reafon and nature of things. The Highlands of Scotland have long been entitled by law to every privilege of Britim fubjecls ; but it was not till very lately that the common people could in fact enjoy thefe privileges. THE power ; of all the members of the Anglo-Saxon government are difputed among hiltorians and an-iquaries: The extreme obicurity of the (ubject, even though faction had never entered into the queftion, would naturally have begotten thofe controverfies. But the great influence of the lords over their ilaves and tenants, the clientfhip of the burghers, the total want of a middling rank of men, the extent of the monarchy, the loofe execution of the laws, the continued diibrders and convultions of the flate ; alt thefe circumftances evince that the Anglo-Saxon govern ment became at laft extremely ariftocratical ; and the events, during the period immediately preceding the con- quefl, confirm this inference or conjecture. BOTH the punifhments inflicled by the Anglo Saxon imir.al courts of judicature, and the methods of proof employed in all caufes, appear fomewhat fmgular, and are very dif ferent from thole which prevail at prelent among all civili zed nations. WE mud conceive that the ancient Germans were little removed from the original flate of nature : The focial con federacy among them was more martial than civil : They had chiefly in view the means of attack or defence againd public enemies, not thole of protection againfl their fel low-citizens : Their pclTl dions were fo llender and fo equal, that they were not expo fed to great danger ; and the natural bravery of the people made every man trufl to himfelf, and to his particular friends, for his defence or vengeance. This defect in the political union drew much clofer the knot of particular confederacies: An infult upon any man was regarded by all his relations and aflociates as a common injury ; They were bound by honour, as well as by a fenfc of common intereft, to revenge his death, or APPENDIX I. 161 any violence which he had fuffered : They retaliated on Appendix the aggreffor by likeafts of violence; and if he were pro- ! tecSted, as was natural and ufual, by his own clan, the * quarrel was fpread ftill wider, and bred endlefs diforders in that nation. TuEFrifians, a tribe of the Germans, had neveradvanced beyond this wild and imperfect flate of fociety ; and the right of private revenge ftill remained amongthem unlimited and uncontrolled*. But the other German nations, in the age of Tacitus, had made one ftep farther towards complet ing the political or civil union. Though it ftill continued to be an indifpenfable point of honour for every clan to re venge the death or injury of a member, the magiftrate had acquired a right of interpofing in the quarrel, and of ac commodating the difference. He obliged the perfon maim ed or injured, and the relations of one killed, to accept of a prefent from the aggreffor and his relations f, as a compeniation for the injury J, and to drop all farther pro- fecution of revenge. That the accommodation of one quarrel might not be the fource of more, this prefent was fixed and certain, according to the rank of the perfon kil led or injured, and was commonly paid in cattle, the chief property of thofe rude and uncultivated nations. A pre fent of this kind gratified the revenge of the injured fami ly, by the lofs which the aggreffor fuffered : It fatisfied their pride, by the fubmiflion which it expreffed : It dimi- nifhed their regret for the lofs or injury of a kinfman, by their acquifition of new property : And thus general peace was for a moment reftored to the fociety]!. BUT when the German nations had been fettled fome time in the provinces of the Roman empire, they made ftill another ftep towards a more cultivated life, and their criminal juftice gradually improved and refined itfelf. The magiftrate, whole office it was to guard public peace, and to fupprels private animofities, conceived himfelf to be in jured by every injury done to any of his people ; and be- fides the compenfation to the perfon who fuffered, or to his family, he thought himfelf entitled to exacl a fine, cal led the Fridwit, as an atonement for the breach of peace, and as a reward for the pains which he had taken in accom modating the quarrel. When this idea, which is fo natural, was once fuggefted, it was willingly received both by fove- VOL. I. Y * LL. Frif. tit. 2. apud Lindenbrog. p. 491. t LL. jElhelb. *j. LL. ^lf. 27. Called by the Sarcns mffgbcta, I Tacit, de Morib. Germ. The authot fays, that th? price of the compo- ution was fixed ; which muft oave teen by the laws and the Intevpoiiuou of ;he infiltrates HISTORY OF ENGLAND. feign and people. The numerous fines which were levied, augmented the revenue of the king: And the people were fenfible that he would be more vigilant in interpofing with his good offices, when he reaped fuch immediate advantage from them; and that injuries would be lefs frequent, when, befides compenlatiou to the perfon injured, they were ex- pofed to this additional penalty*. THIS ihort abfhact contains the hiftory of the criminal jurisprudence of the northern nations for feveral centuries. The fta e of England in this particular, during the period of the Anglo-Saxons, may be judged of by the collection of ancient laws, publifhed by Lambard and Wilkins. The chief purport of thefe laws is not to prevent or entirely fup- prefs private quarrels, which the legislator kne v to be im- potTible, but only to regulate and moderate them. The laws of Alfred enjoin, that if any one know that his ene my or aggreffor, after doing him an injury, reiolves to keep within his own houle and his own landrf, he fhali not fight him till he acquire compenfation for the injury, ]f he be ftrong enough to befiege him in his houfe, he may do it for (even days without attacking him ; and if the ag greffor be willing, during that rime, to furrender himfelf and his arms, his adverfary may detain him thirty days ; but is afterwards obliged to reftore him fafe to his kindred, and be content zuitk the compensation. If the criminal fly to the temple, that fanftuary mull not be violated. Where theaffailant has not force fufficient to befiege the criminal in his houfe, he jnuft apply to the alderman for affiftance ; and if the alderman rcfufe aid, theaffailant muft have re- courle to the king : And he is not llowed to aHault the houfe, till afier this fupreme magiftrate has refufed affift ance. If any one meet with his enemy, and he ignorant that he was refolved to keep within his own lands, he muft, before he attack him, require him to furrender himfelf pri- foner, and deliver up his arms ; in which cafe he may de tain him thirty days : But if he refufe to deliver up his arms, it is then lawful to fight him. A Have may fight in his matter s quarrel : A father may fight in his fon s with any one, except with hismafterj. IT was enacted by king Ina, that no man (hould take revenge for an injury till he had firfl demanded compen- iation, and had been refufed it||. * Befides paying money to the relations of the dtceafed and to the king, the murderer was alfo obliged to pay the mafter of a Dave or vaflal * firm as a compenfation for his lofs. This was called the Mandate. See Spel. doff, in verb. Fredum Manbot. f The addition of thefe laft words in Italics appears neceffary from what fol lows in the fame law. J LL. /tlfr. 28. Wilkins, p. 43. || LL. In*, <j 9- A P P E N D I X I. 103 KING Edmond, in the preamble to his laws, mentions Appendix the general mifery occafioned by the multiplicity of private ! feuds and battles ; and he eflablifhes feveral expedients for * remedying this grievance. He ordains, that if any one commit murder, he may, with the affiftance of his kindred, pay within a twelvemonth the line of his crime ; and if they abandon him, he fhall alone fuftain the deadly feud or quarrel with the kindred of the murdered perfon : His own kindred are free from the feud, but on condition that they neither converfe with the criminal, nor fupply him with meat or other neceffarics : If any of them, after re nouncing him, receive him into their houfe, or give him ajjij^ance, they are finable to the king, and are involved in the feud. If the kindred of the murdered perfon take revenge on any b it the criminal himfelf after he is aban doned by his kindred, all their property is forfeited, and they are declared to be enemies to the king and all his friends*. It is alfo ordained, that the fine for murder fhall never be remitted by the kingf ; and that no criminal (hall be killed who flies to the church, or any of the king s townsj ; and the king himfelf declares, that his houfe fhall give no protection to murderers, till they have fatisfied the church by their penance, and the kindred of the deceafed, by making compenfationjl. The method appointed for tranfacting this compofition is found in the fume law**. THESE attempts of Edmond, to contract and diminifh the feuds, were contrary to the ancient fpirit of the north ern barbarians, and were a ftep towards a more regular ad- miniftration of juftice. By the Salic law, any man might, by a puSlic declaration, exempt rpmfelf from his family quarrels: But then he was confiJercd by the laws as no longer belonging to the family ; and he was deprived of all right of fucceffion, as the punifhment of his cowardiceff. THE price of the king s head, or his weregild, as it was then called, was by law 30,000 thrimfas, near 1300 pounds of prelent money. The price of the prince s head vviis 15,000 thrimfas ; that of a bifhop s or alderman s 8000 ; a iherirFs 4000 ; a thane s or clergyman s 2000 ; a ceorle s 266. Thele pi ices were fixed by the laws of the Angles. Bv the Mercian law, the price of a ceorle s head was 200 (hilling s ; that of a thane s fix times as much ; that of a king s fix times more||. By the laws of Kent, the price of the archbilhop s head \yas higher than that of the king sllll. Such refpec-l was then paid to the ecciefia- flics! It mull be understood, that where a perfon was unable * LL. FHm. $ i. Wilkjnf, p. 73. f I.L. Edm. . 3. * Ibid. i. \\ Ibi.i j. * TLlil. <. 7, ft Tit. r M . J Wiikir.:, p 71, -j:. |[| 1. ,. i Itiirei:. a. ucl . i .kins, p. 1 10, 164 HISTORY OF ENGLAND. Appendix or unwilling to pay the fine, he was put out of the protec tion of law, and the kindred of the deceafed had liberty to punifh him as they thought proper. SOME antiquarians* have thought that thefe compenfati- ons were only given for man-llaughter, not for wilful mur der : But no fuch diftin<ftion appears in the laws; and i-t is contradicted by the practice of all the other barbarous nationsf, by that of the ancient Germans!, and by that curious monument above mentioned, of Saxon antiquity, preferved by Hickes. There isindeed a law of Alfied s, which makes wilful murder capital || ; but this feems only to have been an attempt cf that great legiflator towards eftablifhing a better police in the kingdom, and it proba bly remained without execution. By the laws of the fame prince, a confpiracy againft the life of the king might be redeemed by a fine**. THE price of all kinds of wounds was likewife fixed by the Saxon laws : A wound of an inch long under the hair, was paid with one (hilling : One of a like fize in the face two fhillings : Thirty (hillings for the lofs of an ear ; and fo forthff. There feems not to have been any differ ence made, according to the dignity of the perfon. By the laws of Ethelbert, any one who committed adultery with his neighbour s wife was; obliged to pay him a fine, and buy him another wife| f. THESE inftitutions are not peculiar to the ancient Ger mans. They feem to be the necefTary progrefs of criminal jurifprudence among every free people, where the will of the fovereign is not implicitly obeyed. We find them among the ancient Greeks during the time of the Trojan war. Compofitions for murder are mentioned in Neftor s fpeech to Achilles in the ninth Iliad, and are called ex iroivxi. The Irifh, who never had any connections with the German nations, adopted the fame practice till very lately ; and the piice cf a man s head was called among them his eric ; as we learn from Sir John Davis. I he fame cuftom feems alfo to have prevailed among the Jews II ||. ? THEFT and robbery were frequent among the Anglo- Saxons. In order to impofe fome check upon thefe crimes, it was ordained that no man fhould fell or buy any thing above * Tvrrel, IntrodufK vol. i. p. 126. Carte, vol. i. p. 366. f Lindenbrogitis, paflim. "t I ac. fie Mcr . Germ. If LL. vEIf. ^ 12. Wilkins, p. 29. It is probable, that by wilful murder Alfred means a treacherous murder, committed by one who lias no declared feud with another. * LL. Alf. {, 4 , \Vilkins, p. 35. ft LL. *:if. <j 40. See alfoLL. Eiheib. f 34. &c. + LL. Lthelb. 3-2. |||| Exixj. xxi. 29. 30. A P P E N D I X I. 165 twenty pence value, except in open market* ; and every Appendix bargain of tale n.uft be executed before witneflesf. Gangs I. of robbers much difturbed the peace of the country; and v - the law determined, that a tribe of Banditti, confifting of between feven and thirty-five perfons, was to be called a tin- ma, or troop ; Any greater company was denominated an ar my*. The punifhments for this crime were various, but none of them caplfall!. If any man could track hisftolen cattle into another s ground, the latter was obliged to mew the tracks out of it, or pay their value**. REBELLION, to whatever excels it was carried, was not capital, but might be redeemed by a fum of moneytf. The legiflators, knowing it impoffible to prevent all dif- orders, only impofed a higher fine on breaches of the peace committed in the king s court, or before an alder man or bifhop. An alehouie too feems to have been con- fidered as a privileged place ; and any quarrels that aroie there were more leverely pumfhed than eliew!ierej+. IF the manner of punifhing crimes among the Anglo- Rules of Saxons appear fmgular, the proofs were not lefs fo ; and P rooL were alfo the natural refult of the fituation of thofe people. Whatever we may imagine concerning the ufual truth and fincerity of men who live in a rude and barbarous flate, there is much more faliehood, and even perjury among them, than among civilized nations : Virtue, which is nothing but a more enlarged and more cultivated reafon, never flourifhes to any degree, nor is founded on fteady principles of honour, except where a good education be comes general ; and where men are taught the pernicious confequences of vice, treachery, and immorality* liven fuperftition, though more prevalent among ignorant na tions, is but a poor fupply for the defects in knowledge and education : Our European anceftors, who employed every moment the expedient of fwearingon extraordinary crofles and reliques, were lefs honouiable in all engage ments than their poRerity, who, trom experience, have omitted thofe ineffectual fecuritics. This general prone- nefs to perjury was much encreded by the ufual want of difcernment in judges, who could not difcufs an intricate evidence, and were obliged to number, not u eigh, the tef- timony of the whneffesl! ||. Hence the ridiculous practice * LL. Tthelft. " 12. f Ibid. $ TO. 12. LL. Ed*, apud V. HkinS p. fo. LL. Lthehedi, 4. apud \Vilkins, p. i"j. Kloth. & }-adm. \ 16, LL. Canut.. 22. + \v.e,^\^. \\ [bid. 37, " LL. Miielrt. 2. VVilkins, p. 63. fj- LL. rtliel eri:, apt>d vVilkins, p. no. LL. /Elf. -5 4. Wilkns, p. 35. +i LL. Hloih. ind Eadm. ^ 12, 13. LL. Ethclr. apud VVilkins. 117. || i| Sometimes the laws fi\cd eafv rj -n -il rules for weighinsr I 1 :? credibiliry of witnelies. A raa.i wiuic l,,e wus. cPumaieu ai i * > fttiliir^s counterbalanced 166 HISTORY OF ENGLAND. Appendix of obliging men to bring compurgators, who, as they did not pretend to know any thing of the fatf, expreffed upon *" v oath, that they believed the perfon fpoke true ; and thefe compurgarors were in Tome caies multiplied to the number of three hundre 1*. The practice alfo of fmgle com bat was employed by mofl nations on the continent as a remedy againft falfe evidenref ; and though it was fre quently dropped, from the opposition of the clergy, it was continually revived, from experience of the falfehood at tending the tefiimonv of witr.effes|. It became at lafl a fpecies of jurifprudence : The cafes were determined by law, in which the party might challenge his adverfary, or the witneffes, or the judge himfelffl : /. nd though thefe cuftoms were abfurd, they were rather an improvement on the methods of trial which had formerly been praililed^ among thole barbarous nations, and which ftill prevailed among the Anglo-Saxons. WHEN any controverfy about a fact became too intricate for thofo ignorant judges to unravel, they had recourfe to what they called the judgment of God, that is, to fortune : Their methods of coniulting this oracle were various. One of them was the decifion by the crofs : It was prac- tiled in this manner. When a perfon wai accufed of any crime, he firft cleared himfelf by oath, and he was attend ed by eleven compurgators. He next took two pieces of wood, one of which was marked with the fign of the crofs, and wrapping both up in wool, he placed them on the altar, or on fome celebrated relique. After folemn prayers for the fuccefs of the experiment, a prieft, or in his ftead ibme unexperienced youth, took up one of the pieces of wood, and if he happened upon that which was marked with the figure of the crofs, the perfon was pronounced innocent ; if otherwile, guilty**. This practice, as it arofe from fuperftition, was abolifbed by it in France. The emperor, Lewis the Debonnaire, prohibited that method of trial, not becaufe it was uncertain, but left that facred figure, fays he, of the crofs fhould be profli- tufed in common difputes and controverfiesft. THE ordeal was another eftablifhed method of trial among the Anglo-Saxons. It was praftifed either by bailing wafer or ted-hot iron. The former was appro- fix ceorles each of whofe lives was only va ued at twenty (hillings and his oath was efteemed equivalent to that of all the fix. See VVilVins, p. 72. * Prrf. Nicol. ad Wilkins, p. ti. t LL. Burgund. cap. ^5. I.L. Lomb. lib. 2. tit. 55. cap. 34. i LL. Lorgcb. lib. 2. tit. 55. cap. 23. apud Lindenb. p. 661. !| See Fesfon. aines and Bcaumanoir. ** LL. Frifon. tit. i 4. apud Lindeubrojiun), p. 496. ft D U Cane in veib. Crux* A P P E N D I k I. 167 jpriated to the common people ; the latter to the nobility. The water or iron was confecrated by many prayers, maffbs, fafUngs, and exorcifms* ; after wh : cl> the perfon acculed either took up a ftone funk in the waterf to a certain depth, or carried the iron to a certain diflance ; and his hand being wrapped up, and the cover! n<r fealed for three days, if there appeared, on exaininiii : it, no marks of burning, he was pronounced innocent ; if other- wife, guilty^. The trial by cold water was different : The perfon was thrown into confecrated water; if he fwam, he was guilty ; if he funk, innocent||. It is dif ficult for us to conceive how any innocent perfon could ever efcape by the one trial, or any criminal be convicted by the other. But there was another ufage qdmirably calculated for allowing every criminal to elc-ipe who had confidence enough to try it. A confecrated cake, called a corfned, was produced ; which if the perfon could fwal- low and digell, he was pronounced innocent**. THE feudal law, if it had place at all among the A nglo- Military Saxons, which is doubtful, was not ceitainly extended force> over all the landed property, and vas not attended with thole confequences of homage, reliefstf, worfhip, marri age, and other burthens, which were infeparable from it in the kingdoms of the continent. As the Saxons expell ed, or almofl entirely deftroyed, the ancient Britons, they planted themfelves in thisifland on the lame footing with their anceftors in Germany, and found no occafion for the feudal inflitutionsH, which were calculated to maintain a kind of ftanding army, always in readinefs to lupprels any infurredtion among the conquered people. The trouble and expence of defending the llate in Eng land lay equally upon all the land ; and it was ufual for every five hides to equip a man for the fervice. The trinoda neceflitas, as it was called, or the burthen of mi litary expeditions, of repairing highways, and of build ing and Supporting bridges, was infeparable from landed property, even though it belonged to the church or mo- nafteries, unlels exempted by a particular charter!! ||. The ceorles or hufbandmen were provided with arms, and were * Spelm. in verb. Ordeal. Parker, p. 155. Lindenbrog. p. 121)9. f LL. Inas, 77. % sometimes the perfon acculed walked barefooted over red-hot iron. l| Spelm. in verb. Ordtalium. ** Spelm. in verb. Corfntd. Parker, p. 156. Text. Ruffenf. p. 33. ff On the death of an alderman, a greater or lefler thane, there was a payment made to the king of hisbeft arms ; and this was called his heiiot : But this wa not of the riatuje of a relief. See Spelm. of 1 enures, p. -2. The value of this heiiot was fixed by Canute s laws, 69. ^t Braclon de Acqu. rer. domin. lib. 2. cap. 16. See more fully Spelman of feuds and tenures, and Craigius de jure fiud. lib. i. dieg. 7. j| ij Spelvn. Cone. vol. i. p. 756. 168 HISTORY OF ENGLAND. obliged to take their turn in military duty*. There were computed to be 243,600 hides in Englandf ; conlequent- ly the ordinary military force of the kingdom confifted of 48,720 men ; though, no doubt, on extraordinary occafi- ons, a greater number might be affembled. The king and nobility had fome military tenants, who were called SithcTin-men. And there were fome lands annexed to the office of uldermen, and to otheromces ; hut thefe proba bly were not of great extent, and were pofTelTed only du ring pleafuie, as in the commencement of the feudal law in other countries of Europe. THE revenue of the king feems to have confided chiefly in his demefnes, which were large ; and in the tolls and imports which he probably levied at dilcretion on the bo roughs and lea-ports that lay within his demefnes. He could not alienate any part of the crown lands, even to religious ufes, without the confent of the ftates||. Dane- gelt was a land tax ot a milling a hide, impofed by the ftates**, either for payment of the fums exadted by the Danes, or for putting the kingdom in a pofture of defence againft thole invadersff. THE Saxon pound, as likewife that which was coined Vaius of for lome centuries after the conquefl, was near three times IC > - the weight of our prefent money-: There were forty-eight {hillings in the pound, and five pence in a (hillingj j; con- fequently a Saxon Ihilling was near a fifth heavier than ours, and a Saxon penny near three times as heavy||j|. As to the value of money in thofe times, compared to commo dities, there are fome, though not very certain means of computation. A fheep, by the laws of Athelftan, was eftimated at a milling; (hat is, fifteen pence of our money. The fleece was two-fifths of the value of the whole fneep # *; much above its prefent eftirnation; and the rea- <bn probably was, that the Saxons, like the ancients, were little acquainted with any clothing but what was made of wool. Silk and cotton were quite unknown : Linen was not much uied. An ox was computed at fix times the value of a Iheep ; a cow at fourf^-. If we fuppoie that the cat tle in that age, from the defects in hufbandry, were not fo large as they are at prefent in England, we may compute that money was then near ten times of greater value. A horfe was valued at about thirty-fix (hillings of our money, or thirty Saxon {hillings J|| ; a mare a third lefs. A man * Inx, 51. f Spelm. of feuds and tenures, p. 17. J Spelm. Cor.c. vol. i. p. 195. || Ibid. p. 340. ** Chron. Fax. p. 128. tf LL. Edw. Con. 10. } % LL. KM. 40. || || Kleetwood s Chron. Fretiofum, pvj, 28, &c. LL. Inse, 69. ft Wilkins, P. 66. +J Ibid. p. 126. APPENDIX. L 16 at three pounds*. The board-wages of a child the firft Appendix year was eight (hillings, together with a cow s pafture in iummer, and an ox s in winterf. Wil iam of Malmef- * bury mentions it as a remarkably high price that William Rufus gave fifteen marks for a horfe, or about thirty pounds of our prefent money$. Between the years 900 and 1000, Ednoth bought a hide of land for about j 18 fhillingsi of our prefent money II This was little more than a {hilling an acre, which indeed appears to have been the ufual price, as we may learn from other accounts**. A palfrey was fold for twelve (hillings about the year 966ft . The value of an ox in king Ethelred s time was between (even and eight {hillings; a cow about fix (hillingsJJ. Ger- vas of Tilbury fays, that in Henry I. s time, bread which would fuffice a hundred men for a clay was rated at three (hil lings, era (hilling of that age ; for it is thought that, foon after the conqueft, a pound fterling was divided into twenty {hillings : A (beep was rated at a (lulling, and fo of other things in proportion. In Athelftan s time a ram was valu ed at a milling, or four pence SaxontHI. The tenants of Shireburn were obliged, at their choice, to pay either fix pence, or four hens**. About 1232, the abbot of St. Al- bans, going on a journey, hired (even handfome flout horl es; and agreed, if any of them died on the road, to pay the owner 30 (hillings a piece of our prefent moneyf^. It is to be remarked, that in all ancient times the raifing of corn, efpecially wheat, being a fpecies of manufactory, that commodity always bore a higher price, compared to cattle, than it does in our times||^. The Saxon Chroni cle tells us|!!M! , that in the reign of Edward the Confeflb-r there was the mod terrible famine ever known ; infomuch that a quarter of wheat roie to fixty penaies, or fifteen (hil lings of our prefent money. Confequently it was as dear as if it now coft (even pounds ten (hillings. This much exceeds the great famine in the end of queen Elizabeth ; when a quarter of wheat was fold for four pounds. Money in this lad period was nearly of the fame value as in our time. Thefe f eve re famines are a certain proof of bad hufbandry. ON the whole, there are three things to be confidered, wherever a fum of money is mentioned in ancient times. VOL. I. Z Wilkins, p. 126. f LL. In*, 38. JP.I2I. || FJift. Ramef. p. .jir. ** Hlft. ilienf. p. 473. ft ibid. p. 471. %+ Wilkins, p. 126. || || Hid. p. 56. Monad. Ar.gi ic, vol. ii.p. 328. f{ Mat. Paris. 1 1 1 Fleetwood, p. 83. 94, 96. 98- <. i?o HISTORY OF ENGLAND. Appendix Fiift, the change of denomination, by which a pound ha3 L been reduced to the third part of its ancient weight irt * " filver. Secondly, the change in value by the greater plen ty of money, which has reduced the fame weight of filver to ten times lefs value, compared to commodities: and con- fequently a pound fterlingto the thirtieth part of the anci ent value. Thhdly, the fewer people and lefs induflry, which were then to be found in every European kingdom. This circumftance made even the thirtieth part of the fum more difficult to levy, and caufed any fum to have more than thirty timesgreater weight and influence, both abroad iind at home, than in our times; in the fame manner that a fum, a hundred thoufand pounds, for inftance, is at pre- fent more difficult to levy i n a 1 mall fiate, fuch as Bavaria, and can produce greater effects on fuch a fmall community, than on England. This laft difference is not eafy to be calculated : But allowing that England has now fix times more induttry, and three times more people than it had at theconqueft, and for fomd reigns after that period, we are upon that fuppofition to conceive, taking all circumftances together, every fum of money mentioned by hiftorians, as if it \vere multiplied more than a hundred fold above a fum of the fame denomination at prefent. In the Saxon times, land was divided equally among all the male children of the deceafed, according to the cufiorri of G^velkind. The practice of entails is to be found in thole times*. Land was chiefly of two kinds, bockland, or land held by book or charter, which was regarded as full property, and defcended to the heirs of the poflefTor ; and folkland, or the land held by the ceorles and common people, who were removable at pleafure, and were indeed only tenants during the will of their lords. THE firft attempt which we find in England to feparate the ecclefiaftical from the civil jurifdiclion, was that lav/ of EJgar, by which all clifputes among the clergy were ordered to be carried before the bifbopf. The penances were then very fevere ; but as a man could buy them off with money, or might fubflitute others to perform them, they lay eafy upon the rich:}:. Manners. WITH regard to the manners of the Anglo-Saxons we can fav little, but that they were in general a rude unculti vated people, ignorant of letters, unskilled in the mechani cal arts, untamed to fubmiffion under law and government, LL. /Elf ^37. apud \Vilkins, p. 43. f \Vilkins, p. 83. Ibid. p. 96, 97. S r-elin. Cone. p. 473. APPENDIX I, addi&ed to intemperance, riot, and diforder. Their beft quality was their military courage, which yet was not fup- ported by difcipline or conducl. Their want cf fidelity to the prince, or to any truft repofed in them, appears flrongly in the hiftory of their later period ; and their want of huma nity in ail their hiltory. Even the Norman hiftoiians, notwithftanding the low ftate of the arts in their own coun try, fpeak of them as barbarians, when they mention the invafion made upon them by the duke of Normandy*, The conqueft put the people in a fituation of receiving flowly from abroad the rudiments of fcience and cultiva tion, and of correcting their rough and licentious man ners. 171 ( 72 C H A P. IV V WILLIAM THE CONQ,UEROR. Conffqiunces of the battle of Haftings SubiKiJJion of thz Englifli Settlement of the government King s it- turn to Normandy Difconients of the Englijli Iheir infur reel ions Rigours of the Norman govern- m?.nt -New infurrecliom New rigours of the gov ernment Introduction cf the feudal law Innova tion in ecdf.fiajiical government In/ urretl ion of the Norman barons Difpute about invs/liiures Re volt oj prince Robert Domtfday book The New forejl War with France Death and ckaraHer of William the Conqueror, NOTHING could exceed t;ic confternation which ieizsd the Englifh, when they received intelligence ** f of the unfortunate battle of HafHngs, the death of their king, the {laughter of their principal nobility and of their braveft warriors, and the rout and difperfion of the re mainder. But though the lofs which they had fufiained in that fatal action was confiderablc, it might have been repaired by a great nation ; where the people were gene rally armed, and where there refided <o many powerful noblemen in every province, who could have affembled their retainers, and have obliged the duke of Normandy to divide his army, and probably to \vafte it in a variety of actions and rencounters. Jt was thus that the kingdom had formerly rcfiOed, for many years, its invaders, and had been gradually fubdued, by the continued efforts of the Romans, Saxons, and Danes ; and equal difficulties WILLIAM THE CONQUEROR. 17.5 might have been apprehended by William in this bold and C H A ?. hazardous enterprife. But there were feveral vices in the IV. Anglo-Saxon conftitution, which rendered it difficult for v >/ the Engliili to defend their liberties in fo critical an emer gency. The people had in a groat meafure loll all national pride and fpirit, by their recent and long fubjection to the Danes ; and as Canute had, in the courfe of his adminii- tration, much abated the rigours of ccnquell, and had go verned them equitably by their own laws, they regarded with the lefs terror the ignominy of a foreign yoke, and deemed the inconveniences of fubmiffion lei s formidable than thofe of bloodfned, war, and refinance. Their at tachment a! To to the ancient royal family had been much weakened, by their habits of fubmiMion to the Danifli princes, and by their late election of Harold, or their ac- quiefcence in his usurpation. And as they had long been accuftomcd to regard Edgar Atheling, the only heir of the axon line, as unfit to govern them even in times of order and tranquillity ; they could entertain fmall hopes of his being able to repair luch great lofles as they had fuflaincd , or to withftand the victorious arms of the duke of Nor mandy. THAT they might not, however, be altogether wanting to themfelves in this extreme neceffity, the Englifti took feme fteps towards adjufiing their disjointed government, and uniting themfelves againft the common enemy. The two potent earls, Edwin and Mo rear, who had fled^to Lon don with the remains of the broken army, took the lead on this occafion : In concert with Stigand, archbimop of Canterbury, a man pofTefled of great authority and of am ple revenues, they proclaimed Edgar, and endeavoured to put the people in a pofture of defence, and encourage them to refill the Normans*. But the terror of the late defeat, and the near neighbourhood of the invaders, encreaied the confufiori infeparable from great revolutions; and eve ry relolution propofed was hafiy, fluctuating, tumultuary ; dilconcerted by fear of faction, ill planned, and worfc exe cuted. WILLIAM, that his enemies might have no leifure to recover from their confirmation, or unite their counfels, immediately put himlSelf in motion atVr his victory, and rclblved fo prolecutc an enterpril e, which nothing but ce lerity and vigour co-lid render finally fu cefnfu!. His firft attempt war. a^ainll Romncy, whofe inhabitants he fevere- Jy punithcd, on account of their cruel treatment of iorne . * Gul. PieV.-. p. 205. Order. Virali?. p. 502. Kovcd ,;..;:-;, It ton, p. 2343. 174 HISTORY OF ENGLAND. C H A ?. Norman feamen and foldiers, who had been carried IV. thither by ftrefs of weather, or by a miftake in their courfe*: * * And fore feeing that his con qu eft of England might ftill be attended xvith many difficulties and with much oppofi- tion, he deemed it necdury, before he fhou!d advance farther into the country, to make himfelf matter of Dover, which would both fecure him a retreat in cafe of adverfe fortune, and afford him a fafe landing-place for fuch fup- plies as might be rcquifite for pufhing his advantages. The terror diffufed by his victory at Haftings was fo great, fome of the lioufes, William, defirous to conciliate the minds of the Engiith by an appearance of lenity and juf- tice, made compenfation to the inhabitants for their lof- fesf. THE Norman army, being much diflreffed with a dy/en- fery, was obliged to remain here eight days; but the duke, on their recovery, advanced with quick marches towards London, and by his approach encreafed the confufions which were already fo prevalent in the Engiifh counfels. The ecclefiaftics in particular, whofe influence was great over the people, began to declare in his favour ; and as moftof the bifhopsand dignified clergymen were even then Fienclimen or Nprmans, the pope s bull, by which his enterprife was avowed ancl hallowed, was now openly in- fiftecl on as a reafon for general fubmiffion. The fupcrior learning of thofe prelates, which, during the Confeflbr s reign, had raifed them above the ignorant Saxons, made their opinionsbe received with implicit faith ; and a young prince like Edgar, v. hoie capacity was deemed fo mean, was but ill qualified to refill the impreff.on which they made on the minds of the people. A repulfe which a, body of Londoners received from five hundred Norman horfe, re newed in the city the terror of the great defeat at Mailings; the eafy fubmiflion of all the inhabitants of Kent was an additional difcouragement to them ; the burning of Souih- wark before their eyes, made them dread a like fate to their own city ; and no man any longer entertained thoughts but of immediate fafetv and of felf- prefer vation. Even the earls Edtfin and Morcar, in dei pair of making effec tual refiftance, retired with their troops to their ,wn pro vinces ; and the people thenceforth difpofed ti:emfelves . unanimouily to yield to the victor. As loon as he pa fled the Thames at Wallingford, ancl reached Berkhamilead, G-.:l. FWav. p. 704. f Itxd. WILLIAM THE CONQUEROR. 175 Stigand the primate made, lubmiffions to him : Before he C came within light of the city, all the chief nobiiity, and HAP, IV. Edgar Atheling himfelf, the new-ele&ed king came into his camp, and declared their intentions ,of yielding to his authority*. They requeued him to mount their throne, which they now con fidered as vacant ; and declared to him, that as they had always been ruled by regal power, they defined to follow, in this particular, the example of their anceflors, and knew of no one more worthy than himfelf to hold the reins of government^. THOUGH this was the great object to which the duke s enterprife tended, he feigned to deliberate on theofler ;and being defirous, at firft, of preferving the appearance of a legal adminiftration, lie wilhed to obtain a more explicit and formal confent of the Englilh nationf : But Aimar of Aquitain, a man equally refpecled for valour in the field and for prudence in council, lemonflrating with him on the danger of delay in fo critical a conjuncture he laid afide all farther fcruples, and accepted of the crown which was tendered him. Orders were immediately ifu:ed to piepaiv every thing for the ceremony of his coronation ; but as he was yet afraid to place et;tire confidence in the Londoners, who were numerous and warlike, he meanwhile command- ed fortrelles to be erected, in order to curb the inhabitants, and to fecure his perfon and government)!. SFIGAND was not much in the duke s favour, both be- caule he had intruded into the fee on the expuifion of Robert the Norman, and becatife he poffefied fuch influ ence and authority over the Engiifn** MS might be danger ous to a new-eftablifhecl monarch. William, therefore, pre tending that the primate had obtained his pall in an irre gular manner from pope Benedict IX. who was himfelf an ufurper, refufed to be confecrated by him, and conferred this honour on Aldred, archbifhop of York. Weftmin- fter abbey wa^ the place appointed for that magnificent cc- lemony ; the moft confiderable of the nobility, both Eng- lilh and Norman, attended the duke on this occallon ; Aldred, in a fhort fpeech, allied the former whether they s agreed to accept of William as their king ; the bifhop of Countance put the fame qucfiion to the latter ; and both being anfwered withacclamationsff, Aldred adminiflcred to the duke the uiual coronation oath, by which hr bound himfelf to protect the church, to adminifler juftice, and to reprefs violence : rle then anointed him, and put the * Hoveclcn, p. 450. Flor. \Vigorn. p. 634. f Oul. r\Cl, p Ord. Vital, p. 503. * Gul. Pic .a-. p. 205. | Jb d. mer, p. 6. ft Order. Vital, p. 50 j. ** 175 H I S T O R Y O F E N G L A N 0. C H \ P crown u P on m s nea d*. There appeared nothing but joy IV. " l ie c untenance of the fpeftators : But in that very ^ ^ _j moment there burft forth the ilrongeft iymptoms of the jealoufy and anitnofity which prevailed between the na tions, and which continually encreaied during the reign of this prince* The Norman folcliers, who were placed without, in order to guard the church, hearing the ihouts within, fancied that the Englilh were ofFeiing violence to their duke ; and they immediately affaulted the populace, and fet fire to the neighbouring houfes. The alarm waa conveyed to the nobility who furrounded the prince ; both Engiifh and Normans, full of apprehenfions, rufhed oat to it-cure themtelves from the prei ent danger ; and it was with difficulty that William himfelf was able to ap- peafe the tumultf. THE king, thus porTeMed of the throne by a pretended [ defUnation of king Edward, and by an irregular elector* vemiuent. or " tne people, but Hill more by force of arms, retired from London to Berking in Eflex ; and there received the lubmiffions of all the nobility who had not attended his coronation. Edric, firnamed the Forefter, grand-nephew to that Edric fo noted for his repeated ais of perfidy du ring the reigns of Ethelred and Edmorid ; earl Coxo, a man famous for bravery ; even Edwin and Morcar, earls of Mercia and Northumberland ; with the other principal noblemen of England, came and fwore fealty to him ; were received into favour, and were confirmed in the pof- 1 cffion of their ellates and dignities^. Every thing bore the appearance of peace and tranquillity ; and William had no other occupation than to give contentment to the foreigners who had alTifted him to mo".nt the throne, and to his new fubjects, who had fo readily fubmitted to him. HE had got pofTeflion of the trealure of Harold, which was confiderable ; and being alfo lupplied with rich pre- fents from the opulent men in all parts of England, who were felicitous to gain the favour of their new fovereign, he difiributed great fums ainong his troops, and by this liberality gave them hopes of obtaining at length thole more durable efhiblHnments which they had expected from his enterprise*. The ecclefiaftics, both at home and abroad, had much forwarded his luccefs ; and he failed not, in re turn, to exprefs his gratitude and devotion in the manner * Malmefbury, p. 271. fays, that he alfo promifed to govern the Normans and En?lifh b/ equal laws ; a id this addition to the ufual oath feems not im* probable, contklerhig the chcumOances cf the times. I G-_il. i icl. p. 206. Order. Vitalis, p. 503. J Cul. ?lCi. p. 20,3. Order. Vitalis, p. 506. |f Gul. 1 iil. p. 206. WILLIAM THE CONQUEROR. which was moft acceptable to them: He fern Harold s ftandard to the pope, accompanied with many valuable prefents : All the confiderable monafterics and churches in France, where prayers had been put up fen- his fuccefs, J - 6 7 now tafted of his bounty* : The Englilli monks found him well diipoiv;d to favour their order: And he built a new convent near Haftings, which he called Bdltie slbbey, and which, on pretence of fupporting monks to pray for his own foul, and for that of Harold, ferved as a lafting me morial of his virtoryf. HE introduced into England tint ftricl execution of juf- tice for which his adminiftration had been much celebra ted in Normady ; and even during this violent revolution, every diibrder or oppreffion met with rigorous punifh- ment$. His army, in particular, was governed with fe- vere dicipline ; an.d notwithftanding the infolence of" vic tory, care was taken to give as little offence as poflihle to the jealoufy of the vanquiflied. The king appeared foli- citoua to unite, in an amicable manner, the Normans and the Englim, by intermarriages and alliances; and all his new fubje&s who approached his perfon were received with affability and regard. No figns of fufpicion appear ed, not even towards Edgar Atheling, the heir of the an cient royal family, whom William confirmed in the ho nours of earl of Oxford, conferred on him by Harold, and whom he affecled to treat wiih the higheft kindnefs, as nephew to the Confeflor, his great friend and benefactor. Though he confifcated the efiates of Harold, and of thofe who had fought in the battle of Haftings on the fide of that prince, whom he reprefcnted as an ufurper, he feemed willing to admit of every plaufible excufe for paftoppofition to hi pretenfions, and he received many into favour who had carried arms againft him. He confirmed the liberties and immunities of London and the other cities of England.; and appeared defirous of replacing every thing on ancient eftabliihments. In his whole adminiflration he bore the femblance of the lawful prince, not of the conqueror ; and the Engiifh began to flatter themfelves thatthey had chang ed, not the form of their government, but the fucceffion only of their fovereigns, a matter which gave them fmall concern. The better to reconcile his new fubjedts to his authority, William made a progrels through fome parts of England ; and befides a fplendid court and majcftic pre- VOL. I. A a * Gul. Pift. p. so6. f Gul. Gemet. p. sSS. Chron. Sax. p. i3g. M. V. dt. p. 226. M. Paris, p. 9. Dicsto, p. 482. This convent wasfvitd Ly him fiomall ep r fcopal juiifdidion. Monaft. Ang. tocn. i. p. jii, 31^. -CJul. Pi;t. p. 2oS. Ordei;. Vital, p. 506. 1 7 3 HISTORY OF ENGLAND. C H A P. fence, which overawed the people, already ftruckwith his" I\ r . military fame, the appearance of his clemency and jufiice v , gained the approbation of the wile, attentive to the firft fteps 1067. o f their new ibvereign. Bur amidft thisconfidence and friendfhip which he ex- preiled for the Engiilh, the king took care to place all real power in the hands of hisNormans,andftill to keep poflef- fion of the fword, to which he was fenfible he had owed his advancement to Ibvereign authority. He difarmed the city of London arid other places, which appeared moft warlike and populous; and building citadels in that capi ta*, as well as in Winchefter, Hereford, and the cities befl iituated for commanding the kingdom, he quartered Nor man loldiers in all of them, and left nowhere any power able to refift or oppofe him. He beftowed the forfeited eftates on the molt eminent of his captains, and eftablifh- cd funds for the payment of his foldiers. And thus, while Jus civil adminiftration can led the face of a legal mjgiftrate, his military inftitutions were thofe of a matter and tyrant ; at leaft of one who referved to himlelf, whenever he pleaf- ed, the power of affuming that character. BY this mixture, however, of vigour and lenity, he had i; m-." to fo foothed the minds of the Englilh, that he thought he Normandy, might fafely revifit his native country, and enjoy the tri umph and congratulation of his ancient fubjccls. He left the adminiftration in the hands of his uterine brother, Odo bilhop of Baieux, and of William Fitz Oiberne. That their authority might be expoled to leis danger, he carried over with him all the moll confiderable nobility of Eng land, who, while they lerved to grace his court by their prefence and magnificent retinues, were in reality hofbges for the fidelity of the nation. Among thefe were Edgar Atheling, Stigand the primate, the earls Edwin and Mor tar, Waltheofj the fon of the brave earl Siward, with others, cniinent for the grcatnels of their fortunes and fami lies, or for their ecclefiaflical and civil dignities. He was vi fited at the abbey of Feicamp, where he refided during ibme time, by Rodulph, uncle to the king of France, and bv many powerful princes and nobles, who, having con tributed to his entei prife, were defirous of participating in the joy and advantages of its fuccefs. His Engiifh courti ers, willing to ingratiate them/elves with therr new Ipve- reign, outvied each other in equipages and entertainments} and made a dilplay of riches which ftruck the foreigners with aftonifhmeht, William of Poictiers, a Norman hifio- WILLIAM THE CONQUEROR. 179 nan *, who was nrefent, fpeaks with admiration of the CHAP, beauty of their perfons, the fizc and workmanfhip of their IV. filver plate, the coftlinefs of their embroideries, an art in v * which the Englifh then excelled; and he exprelies himfelf lo6 7- in fuch terms, as tend much to exalt our idea of the opu lence and culti ation of the peoplef . But though every thing bore the face of joy and fefiivity, and William him felf treated his new courtiers with great appearance of kindnefs, it was impoflible altogether to prevent the info- lence of the Normans ; and the Englifh nobles derived lit tle fttisfa&ion from thofe entertainments, where they con- fidered themfelves as Ie4 in triumph by their cftentatious conqueror. IN England affairs took ftill a worfe turn during the r/;i - con . abfence of the fovereign. Difcontents a-nd complaints mul- tetys of th? tiplied every where; fecret confpiracies were entered into Eri g 1l(1 " againit the government ; hoflilities were already begun in many places ; and every thing fecmed to menace a revolu tion, as rapid as that which had placed William on the throne. The hiftorian above mentioned, who is a pane- gyriftof hismafter, throws the blame entirely on the fickle and mutinous difpofition of the.EngHfh, and highly cele brates the juftice and lenity of Odo s and Fitz Oiberne s adminifirationj. But other hiftorians, with more proba bility, impute the caufe chiefly to the Normans, who, de- fpifmg A people that had fo eafi y fubmitted to the yoke, envying their riches, and grudging the refiraints impofed upon their own rapine, were defirous of provoking them to a rebellion, by which they expected to acquire new confifcations and forfeitures, and to gratify thofe unboun ded hopes which they had formed in entering on this en- terprife!!. IT is evident, that the chief reafon of this alteration in the fentiments of the Englilh, mui\ beafcribed to the de parture of William, who was alone able to curb the vio lence of his cap ains, and to overawe the mutinies of the people. Nothing indeed appears more firange, tl^an that this prince, in lei s than three months after the conqueft of a great, warlike, and fu bulent nation, fhould abient him- lelf, in order to reviGt his own country, which remained ;n profound tranquillity, and was not menaced by any of its neighbours; and fhould fo long leave his jealous fub- * P. at t, 212. 4 As the hiftonar. c/ile.i ;,- iniiftson the filver plarc, ^is pancgvrics on - nee fhow ruilv h >w incompetent a ". ... > f ; v ina:t- r. 5,i!vcr was the,-; of ten times rh" "a nc, a:rl v. j in;:: : ,:n IVfCDty limes n; i- -rn at ;:rff-iir ; and confequently, of all i ^iTies ni lu\ur> ha e b^en the taroil. I - - 213. || Order. Vi;s .. ;- i8o HISTORY OF ENGLAND. CHAP- jeclsat the mercy of an infolontand licentious army. Were IV. we not atTured of the folidify of his genius, and the good v -* ienfe displayed in all other circumftances of his conduct, 1067. we might aicribe this meafure to a vain oftentalion, which rendered him impatient to difp ay his pomp and magnifi cence among his ancient iubjects. It is therefore more natural to believe, that in fo extraordinary a ftep he was guided by a concealed policy ; and that, though he had thought proper at firft to allure the people to fubmiflion by the (emblance of a legal adminifiration, he found that he could neither fatisfy his rapacious captains, nor fecure his unftable government, without farther exerting the rights of conqueft, and feizing the poffefiions of the Englifh. In order to have a pretext for this violence, he endeavour ed, without difcovering his intentions, to provoke and allure them into infurreclions, which, he thought, could never prove dangerous, while he detained all the principal nobility in Normandy, while a great and victorious army was quartered in England, and while he himfelf was fo pear to fupprefsam/ tumult or rebellion. But as no anci ent writer has afcribed this tyrannical purpofe to William, it fcarcely ieems allowable, from conje6ture alone, to throw iuch an imputation upon him. BUT whether we are to account for that meafure from Tlieir in- fii king s vanity or from his policy, it was the immediate fuirec* * * tions. caufe of all the calamities which the Englifh endured dur ing this and the fubiequent reigns, and gave riic to thofe mutual jealoufies and animoluies between them and the Normans, which were never appealed till a long tracTt of time had gradually united the two nations, and made them one people. The inhabitants of Kent, who had firft fub- mitted to the Conqueror, were the full that attempted to throw off the yoke; and in confederacy with Euftace, count of Bologne, who had. abb been difgufled by the Normans, they made an attempt, though without fuccefs, on the ganifon of Dover*. Edric the Forefter, whofe pciTv; (lions lay on the banks of the Severne, being provok ed at the depredalionsof fome Norman captain* in his neigh bourhood, formed an alliance with Blethyn and Rowallan, two WeKh princes ; and endeavoured, with rheir affiit- ance, to repel force by force f. But though thefe open hoftilities were not very confiderable, the difa flection was general among the Englilh, who had become fenfible, though too late, of their defencelcfs condition, and began already to experience thofe intuits and injuries wl.icha na~ Gul. Gerr.et. p. 2Sg. Order. Vital, p. 50$. Anglia Sana. vol. i. p. 2 55. | Hoveden, p. 450. M. VvVu. p. 2i-6. .Sim. Dunelin. p. 197. WILLIAM THE CONQUEROR. 181 tion mutl always expecl, that allows itfelf to be reduced to C H A ?. that abject fituution. A fecret confpiracy was entered into IV. to perpetrate in one day a general maflacre of the Nor- mans, like that which had formerly been executed upon Io6 7 the Danes ; and the quarrel was become (b general and national, that the vaflals of earl Coxo, having defired him to head them in an infurrec\ion, and rinding him rcfolute in maintaining his fidelity to William, put him to death as a traitor to his country. THE king, informed of thefe dangerous difcontents, Dec haftened over to England ; and by his prefence, and the vigorous meafures which lie purlued, dilconcerted all the fchemes of the confpirators. Such of them as had been more violent in their mutiny, betrayed their guilt by fly ing, or concealing themielves ; and the confiscation of their eflates, while il encreaied the number of malcontents, both enabled William to gratify farther the rapacity of his Norman captains, and gave them the profpeclof new forfei tures and attainders. The king began to regard all his EnglHh fubjects as inveterate and irreclaimable enemies; and thenceforth either embraced, or was more fully con firmed in the reiblution of feizing their poiYetlions, and of reducing them to the moll abject Jlavery. Though the natural violence and feverity of his temper made him in capable of feeling any remorfe in the execution of this ty rannical purpofe, he had art enough to conceal his inten tion, and to preierve ftill fome appearance of juftice in his oppredions. He ordered all the EnglHh, who had been arbitrarily expelled by the Normans during his abfcnce, to be reftored to their eftates* ; But at the fame time he ini- pofed a general tax on the people, that of Danegelt, which had been aboli(hed by the ConfelTor, and which had al ways been extremely odious to the nation f. As the vigilance of William overawed the mal-contents, their infurreclions were more the rel ult of an impatient humour in the people, than of any regular confpiracy, which could give a rational hope of fuccefs againft the eftablifhed power of the Normans. The inhabitants or Exeter, infHgated by Githa, mother to king Harold, re- fufed to admit wNorman garrifbn, and betaking themfelves to arms, were {lengthened Ly the acceffion of the neigh bouring inhabitants of Devonlhire and Cornwall. Ths king haftened with his forces to chaftife this revolt ; and * Chron. Sax. p. 173. This (aft is a full proof tiiat the Noirnar.s had com mitted great injuftice, aad weie the ical caufc of the inlurieilions of fce Lnelifti. f Hoveden, p. 450. Sim. Duyelm. p. 107. Aim. Sever!, p. 197. Order. Vital, p. 510. 182 HISTORY OF ENGLAND. C If A P. on his approach, the wifer and more confiderable citizens, IV. lenfible oi the unequal conteft, perfuaded the people to v Jubmit, and to deliver heritages for their obedience. A ^- fudden mutiny of the populace broke this agreement ; and William, appearing before the wails, ordered the eyes of one of the hoflages to be put out, as an earned of that Severity which the rebels muft expect if they perfevered in their revolt*. The inhabitants were anew feized with ter ror, and furrendering at difcretion, threw themfelves at the king s feet, and fupplicated his clemency and forgive- neis. Wiliiam was not deftitute of generofity, when his temper was not hardened either by policy or paffion : He was prevailed on to pardon the rebels, and he fet guards on all the gates, in order to prevent the rapacity and info- lencc of his foldieryf. Githa efcaped with her treafures to Flanders. The malcontents of Cornwal imitated the example of Exeter, and met with like treatment : And the king, having built a citadel in that city, which he put under the command of Baldwin, fon of earl Gilbert, re turned to Winchefter, and difperfed his army into their quarters. He was here joined by his wife Matilda, who had not before vifitecl England, and whom he now ordered to be crowned by archbifhop Aldred. Soon after, fhe brought him an acceffion to his family by the birth of a fourth fon, whom he named Henry. His three elder fons, Ro bert, Richard, and Willi?.m, dill refided in Normandy. BUT though the king appeared thus fortunate both in public and domeftic life, the difcontentsof his Engliih fub- jecls augmented daily ; and the injuries committed and buffered on both fides, rendered the quarrel between them and the Normans abfolutely incurable. The infolence of victorious matters, difperfed throughout the kingdom, feem- c 1 intolerable to the najivcs ; and wherever they found the Normans, feparate or affembled in fma II bodies, they fe- rretly fet upon them, and gratified their vengeance by the {laughter of their enemies. But an infurreclion in the north drew thither the general attention, and feented to threaten more important confequenres. Edwin and Mor- car appeared at the head of this rebellion ; and thefe po tent noblemen, before they took arms, ftipulated for foreign iurcours, from their nephew Blethyn, prince of North Wales, from Malcolm king of Scotland, and from Sweyn king of Denmark. Befides the general dilcontent which had fcized the Englifh, the two earls were incited to this revolt by private injuries. William, -in order to infure them to his tntcrefts, had, on his accedion, promifed his daughicj; * Order. Vita!, p. 510. f IbH. WILLIAM THE CONQUEROR. 183 in marriage to Edwin ; but either he had never ferioufly C H A P. intended to perform this engagement, or, having changed his plan of aJminiUration in England from clemency to </ ** rigour, he though it was to little purpofe, if he gained one lo6S- family, while he enraged the whole nation. When Ed win, therefore, renewed his applications, he gave him an ablblute denial*; and this difappoiutment, added to fo ma ny other reaibns of difgulr, induced that nobkman and his brother to concur with their iricenfed countrymen, and to make one general efrbrt for the recovery of their ancient liberties. William knew the importance of celerity in quelling an inliirreclion, fupperted bv I uch powerful lea ders, and fo agreeable to the wiihes of the people ; and having his troops always in readineis, he advanced by great journies to the north. On his march he gave orders to fortify the caftle of Warwic, of which he left Henry de Beaumont governor, and that of Nottingham, which he committed to the cuftody of Wiliiam Peverell, another Norman captainf. He reached York before the rebels were in any condition for refinance, or were joined by any of the foreign fuccours which they expelled, except a fmall reinforcement fiom Wales|; and the two earls found no means of iafety, but having recourfe to the clemency of the victor. Archil, a potent nobleman in thofe parts, imitated their example, and delivered his ion as a hoftage foi his fidelity || ; nor were the people, thus defeited by their leaders, able to make any farther refinance. But the treat ment which William gave the chiefs, was very different fiom that which fell to the fhare of their followers. He observed religioully the terms which he had granted to the former, and allowed them for the prefent to keep poiTeffiou of their eltates ; but he extended the rigours of his confii- cations over the latter, and gave away their lands to his foreign adventurers. Thel e, planted throughout the whole country, and in pofleffion of the military power, left Ed win and Morcar, whom he pretended to ("pare, deftitute of all lupport, and ready to fall, whenever he fhould think proper to command their ruin. A peace \\hich he made with ?vblcolm, who did him homage for Cumberland, feemed at the lame time to dopiive them of all pro/pectof foreign affiiUnce**. THE Englifh were now fenfible that their final deflruc- Rijours of tion was intended ; and that inflead of a fovereigu, whom.^is Knnan they hod hoped to gain by their lubmilTions, they had u . Jltnimeut tamely furrendcred themfelves, \\ithout refinance, to a ty- * Order. Vi:a!. p. 511. f Ibid. ; !b/J. ] Ibid. * * ibid. 184 HISTORY OF ENGLAND. CHAP, rant and a conqueror. Though the early confifcation of IV. Harold s followers might feem iniquitous ; Being inrlited * v on men who had never fworn fealty to the duke of Nor- cs mandy, who were ignorant of his pretenftons, and who only fought in defence of the government which they fhemfelves had eftablifhed in their own country : Yet were thefe rigours, however contrary to the ancient Saxon laws, excufed on account of the urgent neceffities of the prince ; and thofe who were not involved in the prefent ruin, hoped that they fliould henceforth enjoy, without inoleftation, their pofteffions and their dignifies. But the iucceffive deftruclion of fo many other families convinced them, tint the king intended to rely entirely on the fup- port and affections of foreigners , and they forefaw new forfeitures, attainders, and afts of violence, as the necef- fary refultof this deftructive plan of adminiftration. They ohferved, that no Englishman poflefled his confidence, or was entrufted with any command or authority ; and that the ftrangers, whom a rigorous difcipline cotild have but ill reftraincd, were encouraged in their infolence and ty ranny againft them. The eafy fubmiffion of the kingdom on its firft invafion had expoied fhe natives to contempt ; the fiibfequent proofs of their animofity and refentment had made them the object of hatred ; and they were now deprived of every expedient by which they could hope to make themfelves either regarded or beloved by their fove- reign. Imprefled with the fenfe of this difmal fituation, many Engliilimen fled into foreign countries, with an in tention of parting their lives abroad free from opreffion, or of returning on a favourable opportunity to aflift their friends in the recovery of their native liberties*. Edgar Atheling himfelf, dreading the infidious carefles of Wil liam, was perfuaded by Cofpatric, a powerful Northum brian, to efcape with him into Scotland ; and he carried thitHer his two fillers, Margaret and Chriftina. They were well received by Malcolm, who foon after efpoufed Margaxct the elder fitter ; and partly with a view of ftrengthening his kingdom by the acceffion of fo many ftrangers, partly in hopes of employing them againft ths growing power of William, he gave great countenance to all the Englifh exiles. Many of them fettled there ; and laid the foundation of families which afterwards made a figure in that country. WHILE the Englifh fuffered under thefe oppreffions, even the foreigners were not much at their cafe ; but find- * Onler. Vi:;>;. p. 508. ftj. Weft. p. -. 25. M. Tails, p. 4. Sire. Dun. p. \- :7 . WILLIAM THE CON T Q_UEROR. iS<, ing themielves furrounded on all hands by enraged ene- CHAP, mics, who took every advantage againft them, and me- IV. naced them with Hill more bloody e Heels of the public re- v ^ fentment, they began to wilh again for the tranquillity and I0l;!i - Security of their native country. Hugh de Grentmeinil, and Humphry dc Teliol, though eritrulled with gu-.u commands, drfired to be dHmiilTed the iVrvice ; and tome others imitated their example : A drlertion which w.; highly refented by the king, and whkh he puniiht-d by the confifcation of all their pofleflions in England*. But William s bounty to his followers could not tail of alluring m.iiiy new adventurers into his fervice ; and the rage of the vanquilhed Knglilh ferved only to excite the attention of tin* king and ihofe warlike chiefs, and keep them in readinefs to fupprefs every commencement of domeitic re bellion or foreign invafion. Ir was not long before they found occupation for their io5q. prowefs and military conduct. Godwin, Edmond, and " <: inf; Magnus, three fons of Harold, had, immediately after Iv the defeat at H.iftings, fought a retreat in Ireland ; where, having met with a kind reception from Dermot and other princes of that country, they projected an invafion on England, and they hoped that all the exiles from Den mark, Scotland, and Wales, allifled by forces from thefe feveral countries, would at once commence hoftili ies, and route the indignation of the Englifh againft their haughty conquerors. They landed in Devoulhue ; but found Brian, fon of the count of Brittany, at the head of fome foreign tioops, ready to oppole them ; and being defeat ed in leverai adtioas, they were obliged to retreat to their ihips, and to return with great lofs to Ireland ft The cttuits of the Normans were now directed to the north, wh?re atliiirs had fallen into the utmoii confufion. The more impatient of the Northumbrians had au~c ked Robert de Conryn, who was appointed governor of Dur ham ; and gaining ihe adv.mlae over him from his neg ligence, tliev put him to death in that city, with /even hundred of his followers^. This fuccefs animated the inhabitants of York, who, riling in arms, ilew Robert Fitz-Richard their governor|| ; and beiicged in the caille William Mullet, on whom the coiiiinand now devolved. A little after, the Danilli troops landed liojn 300 velfels VOL. I. B b * Older. Vitalis, p. --12. f Gul Geniet. p. 290. Order. Vital, p. ITJ. Anglia Sacia, \ul. i. p. v^6. J OiJer. Viial. p. r.12. Cliroii. ar Mailr. p. 116. Hovcden, p. 450. M. l^ris p. 5. V.in. Oun, p. T^S. (J.ilri. Vital, p. ;ia. J35 HISTORY OF ENGLAND. C II A P. O/berne, brother to king Sweyn, was cntrufted with the! IV command of thefe forces, and he was accompanied by ^ Harold and Canute, two fons of that monarch. Edgar Articling appeared from Scotland, and brought along with him Cofpatric, YValtheof, Siward, Bearne. Merlelwain, Adelin, and other leaders, who, partly from the hopes which they gave of Scottifh fuccours, partly from their authority in thofe parts, eafily perfuaded the warlike and dilcontented Northumbrians to join the infurrection. Mai- Jet, that he might better provide for the defence of the ci tadel of York, let fire to fome houfes which lay contigu ous ; but this expedient proved the immediate caufe of his deftrulion. The ilarnes, fpreading into the neighbour ing fireets, reduced the whole city to allies: The enraged inhabitants, aided by the Danes, took advantage of the Confufion to attack the cafUe, which they carried by afiault ; ;!):! the garrifon, to the number of 3000 men was put to the fword without mercy*. Tins fuceefs proved a frgnal to many other parts of Eng land, and gave the people an opportunity of (bowing their malevolence to the Normans. He-reward, a Nobleman in Eaft- A nglia celebrated for valour, aflembled his followers, and taking fhelter in the I tie of Ely, made inroads on all the neighbouring countryf. The Englifh in the counties of Somerfet and Doriet rofe in arms, and affaulted Mont- acute the Norman governor ; wliile the inhabitants of Cornwal and Devon inveffed Exeter, which from the me mory of William s clemency fUll remained faithful to him. Edric theForefter, calling in the affiftanee of the Wcifh, laid fiege to Shrewsbury, and made head a^ainf! earl Bri- erit and Fitz-O/benie, who commanded in thofe quarters^. The Englifti, every where repenting their former ea(y fub- roilTion, feemed determined to make by concert one great effort for the recovery of their libeilies, and for the ex- pulfion of their oppreilors. WILLIAM, undifmayed amidft. this fcenc of confufion, afietnbled his forces, and animating them with the profpeci of new confiscations and forfeitures, he marched againfi the rebels in the north, whom he regarded as the moll formidable, and whole defeat he knew would itrike a terror into ail the other malcontents. foini-ng policy to force, he tried before his approach to weaken the enemy, by detach ing the Danes from them ; and he engaged Ofberne, by * Order. Vital, p. 5 3- Hoveilcn, p. 45 1. f Ingulf, p. 71. Chron: Aib. St. Petride Cur^c, p. 47. | Order. Vital, p. 574. WILLIAM THE CONQUEROR. ]Sy large prefents, and by offering him the liberty of plvm- C H A F- dering the iea-coaft, to retire, without committing farther IV. hoftilities, into Denmark*. Cofpatric allb, in defjv.ir of . fuccefs, made his peace with the king, and paying a fum Iot 3 of money as an atonement for his inlmrcclion, was receiv ed into favour, and even inverted with the earldom cf North umberland. Waltheof, who long defended York with great courage, was allured with this appearance of cle mency ; and as William knew how to eftecm valour even in an enemy, that nobleman had no realon to repent of this confidencef. Even Edric, compelled by necetVity, fub- mitted to the Conqueror, and received forgivenefs, which was foon after followed by tome degree of truft and favour. Malcolm, coming too late to lupport his confederates, was confirained to retire ; and all the Engliih rebels in other parts, except Ilereward, who ftili kept in his faft- nefles, difperfed themfelves, and left the Normans undif- puted mailers of the kingdom. Edgar Atheling, \vi-h his followers, fought again a retreat in Scotland from the purfuitof his enemies. BUT the feeming clemency of William tow-ards the I ~7- Englifh leaders proceeded only from artifice, or from his " eftecm of individuals : His heart was hardened againft all TCr , -.nent. companion towards the people ; and he fcrupled no meafure, however violent or fevere, which feerncd requivite to lup port his plan of tyrannical adininiilration. Senfible cf the reftlefs difpofition of the Northumbrians, he determin ed to incapacitate them ever after from giving diflurbance, and he liTued orders for laying entirely wafte that fertik country which for the extent of fixty miles lies between th.s Humber and the Tees^i The houfcswert reduced to aflies by the mercilefs Normans; the cattle feized a;d driven away; the inftruments of huibaudry dedroyed ; and the inhabitants compel led either to leek fur n fubfiftence in the fcuthern parts of Scotland, or if they lingered in England, from a reluctance to abandon their ancient lial>i- tations, they periiN-d miferably in the woods from cold and hunger. Tiu- !ivos or" a hundreti thoii/and perlbns are computeil to have been iacriiiced to this llrokc of bar barous policy !!, whicii. by feeding a remedy for a tetrpc- rary evil, thusinflid^ed a lafting wound OP. the power and : iouiheis of l lie nation. I. :. Pp;ri t!e EL-.I.^-, P. .17. S!in. I)!.:;. . . t M;i!;nef. ;>. i .1. )i. iiunt. ]i. -;< >. -| ( hioii. sax. ;>. 17.;. I). .; ,!. CMPV.I. Al>h. M. Pel ". p. 47. M. i .vi ., . -. in. Duii. i .:. BrotnptC i, :>. .II.H, . .:, - oi. i. ;i. 7 j-j. ,, U:;]-jr. Vital. p. 51^. 1 83 HISTORY OF ENGLAND. CHAP* BUT William, finding himfclf entirely matter of a peo* IV. pie who hud given him fuch fenfible proofs of their impo- * , > tent rage and animofity, now rcfolvcd to proceed to extre- 1070. rnities againfl all the natives of England ; and to reduce them to a condition in which they fhould no longer he for midable to his government. The tnfurre&ions and con- fpiracies in lo many parts of the kingdom, had involved the bulk of the landed proprietors, more or lels, in the guilt of treafon ; and the king took advantage of executing a- gainfl: them, with the utmoft rigour, the laws of forfeiture and attainder. Their lives were indeed commonly f pared ; but their eftates werecontitcated, and either annexed to the royal demefnes, or conferred with the mofi protule bounty on the Normans and other foreigners*. While the king sde- clared intenti<>i( was to deprefs, or rafher entirely extirpate the Engliih gentry^, it is eafy to believe that (carcely the form ot juflice would be obferved in thofe violent proceed ings % ; and that any fulpicions ferved as the moil undoubt ed proofs ot guilt aeamft a people thus devoted to de- flruction. It was crime fufhdent in an Englifhman to be opulent, or noble, or powerful ; and the policy of the t king, concurring with the rapacity of foreign adventurers, produced a 1 moil a total revolution in the landed property of the kingdom. Ancient and honourable families were reduced to beggary ; the nobles themfelves were every where treated with ignominy and contempt ; they had the: mortification of feeing their caftles and manors poflefled by Normans of the meanHt. birth and lowed Rations Jj, and they found themfelves carefully excluded from ever 1 road which led cither to riches or preferment**. inrrcvlur- As power naturally follows property, this revolution .ion r.f the alone gave great fccurify to the foreigners ; but William 41 ljw by the new inftiuions which he eftablifncd, took a!fo care to retain for ever the military authority in thole hands which had enabled him to fubduethe kingdom. Me intro duced into England the feudal law, which he found efia- blilhed in France and Normandy, and which, during tlu;t age, was the foundation both of the liability and of the diiordcrs in moll of the monaichical governments of Eu rope. Me divided all the lands of England, with very few exceptions, befide the royal demefnes, into baronies ; and he conferred thele, with the relervation of ft.ited fef- vices and payments, on the mofi considerable of his adven turers. Thele great barons, who held immediately of the * M.ilmef. p. 104. f H. Hi nt. p. -570. 4: See note \H] at the end of the volume. !| Order. Vitalis. p. 521. M. Welt. p. r JQ. * * --ee fiote[I] at Lc cud of the vc luBU. WILLIAM THE CONQJJEROR. 189 crown, Iharcd out a great part of their lands to other fo- C H A P. reigners, who were denominated knights or vaflals, and IV. who paid their lord the lame duty and fubmitTion in peace v v J and! war, which he himfelf owed to his fovereign. The ^T"- whole kingdom contained about 700 chief tenants, and 60,215 knights-fees* ; and as none of the native Englim were admitted into the firft rank, the few who retained their lauded property were glad to be received into the fecond, and under the protection of fome powerful Nor man, to load themfelvesand their pofterity with this grie vous burthen, for eftates which they had received free from their ariceftorsf. The fmall mixture of Englifh which en tered into this civil or military fabric (for it partook of both fpecies), was fo retrained by fubordi nation under the foreigners, that the Norman dominion feemed now to be fixed on the moll durable bafis, and to defy all the ef forts of its enemies. THE better to unite the parts of the government, and to bind them into one fyftem, which might ferve both for defence againft foreigners, and for the fupport of domeftic tranquillity, William reduced the ecclefiaftical revenues under tl,e fame feudal law; and though he had courted the ch arch on his invafion and acceffion, he now fubjecled it to fervices which the clergy regarded as a grievous ilavery, and as totally unbefitting their profeflion. The bifhops and abbots were obliged, when required, to furnifli to the king, during war, a number of knights or military tenants, proportioned to the extent of property poiTeffed by each fee or abbey ; and they were liable, in cafe of failure, to the lame penalties which were exacted from the laity J. The pope and the eccleliaftics exclaimed againll this ty ranny, as they called it; but the king s authority was fo well eftablifhed over the army, who held every thing from his bounty, that fuperltition itlclf, even in that age when it was mod prevalent, was contained to bend under hi* fuperior influence. BUT as the great body of the clergy were flill natives, the king had much reafon to dread the effects of their re- fentment : He therefore ufed the precaution of expelling the Englim from all the considerable dignities, and of ad vancing foreigners in their pla ce. The partiality of the Confcllor towards the Normans had been io great, that, aided by their fuperior learning, it had promoted them to " Or-ler. Vitalis. p. 5 >j. SecretlUB Abbatis, apud Seldra, I itle-, af Honour. V- .S75- ipclm. GloIT. in verbo Frodum. Sir Robert Col ton. f M. Weft. p. 225. M. Paris, p. 4. Eiailou, lib. i. *[<. it. num. <. Kleta, lib. i. cap. 8. n. 2. ; M. t ^rib, p. 5. Anglia Sacra, vol. i. p. 24?. i9d HISTORY OF ENGLAND. CHAP, many of the fees in England ; and even before the period IV. of the conqueft, fcarcely more than fix or feven of the v ... prelates were natives of the country. But among thefe was Stigand, archbifliop of Canterbury ; a man who, by his addrefs and vigour, by the greatnefs of his family and alliances, by the extent of his pofTeffions, as well as by the dignity of his office, and his authority among the Englifti, gave jealoufv to the king*. Though William had on his acceflion affronted this prelate, by employing the arch- billiop of York to officiate at his confecration, lie was care ful on other occafions to load him with honours and caref- les, and to avoid giving him farther offence till the oppor tunity ihould offer of effefting his final deflrucliont. The fuppreffionof the late rebellions, and the total fubjeftion of the Englifti, made him hope that an attempt againlt Stigand, however violent, would becovered by hisgreat fucccfTes, and beoverlooked amidft the other important revolutions which afFefted fo deeply the property and liberty of the kingdom. Yet, notwithflanding thefe gi eat advantages, he did not think it iafe to violate the reverence ulually paid to the primate ; but under cover of a new fuperftition, which he was the great iriftrument of introducing into England. innovation THE dodrine which exalted the papacy above all hu- inecciefi- man power, had gradually difTufed itfelf from the city and ^ court of Rome ; and was, during that age, much more prevalent in the fouthern than in the northern kingdoms of Europe. Pope Alexander, who had aflifted William in his conquers, naturally expected thjt the French and Normans would import into England the fame reverence for his facred character with which they were impretied in their own country ; and would break the fpiiitual as well as civil independency of the SaxonG, who had hitherto, conducted their eccleiiaftical government with an acknow ledgment indeed of primacy in the lee of Rome, but with out much idea of its title to dominion or authorirv. As, foon, therefore, as the Norman prince fecmed fully efta- bliihed on the throne, the pope diipatched Ermenfrcy, bilho{) of Sion, as his legate into England ; and this pre late was the firft that h.-.d ever appeared with that character in any part of the Britiih iilands. The king, though he was probably led by principle to pay this lubmiilion to. Rome, determined, as is nltial, to employ the incident as a means of fervinghis political purpofes, and of degrading thofe Englilh prelates who were* become obnoxious to him. The legate fubmitted to become the inftrument of his ty ranny ; and thought that the more violent the cxeitiuii of * Paiker, p. 161. t lo d. p. 164. WILLIAM THE CONQUEROR. 191 power, the more certainly did it confirm the authority of CHAP, that court from which he derived his commitTicn. He IV. fummoned, therefore, a council of the prelates and abbots v at Winchefler ; and being aflifted by two cardinals, Peter J "- 7 - and John, he cited before him Stigand, archbifliop of Can terbury, to anfvver for his conduct. 1 he primate was ac- cufcd of throe crimes; the holding of the fee of Winchef- re r, together with that of Canterbury j the officiating in the pall of Robert his predecedbr ; and the having receiv ed liis own pall from Benedict IX. who was afterwards depoied for fimony, and for intruiion into the papacy*. Thefe crimes of Stigand were mere pretences ; fince he firft had been a practice not unulual in England, and was never any where fubje&ed to a higher penalty than a re- figr.ation of one of the fees ; the fecond was a pure cere monial ; and as Benedict was the only pope who then offi ciated, and his ads were never repealed, all the prelates of the church, efpccially thofe who lay at a diflance, were excuiable for making their applications to him. Stigar.d s ruin, however, was refolved on, and was profecuted with great feverity. The legate degraded him from his digni ty : The king confiicated hisefiate, and call him into pri- fon, where he continued in poverty and want during (he remainder of his life. Like rigour was exen. ifed againft the other Englilh prelates : Agelric, bifhop of Selefey, and Ageimare of Elmham, were depoied by the legate, and imprilbned by the king. Many considerable abbots lhared the fame fate: Egelwin, biihop of Durham, fled the kingdom: Wulftan of Worcefter, a man of an inoffen- five character, was the only Englith prelate that elcaped this general profcriptionf, and remained in poffeilion of his dignity. Aldred, rrchbHhop of York, who had fet the crown on William s liead, had died a little before of grief and vexation, and had left his malediction to that prince, on account of the breach of his coronation oath/ and of the extreme tyranny with which he law he was de termined to treat his Englifh lubjeclsj. IT was a fixed maxim in this reign, as well as in fome of the fu-bfequent, that no native of the iiland fhould ever * Hoveden, p. 453. Diccto, p. 482. Knygliton, p. 2345. Air-lia 5-"<icr3, rot. i. p. 5, f). Yptxl. Nenfi. p. .; ; -. f r.romptnn iebter% that \\ ul(t:m was alfo deprived by the (Ymxl : but re- fufing to deliver his paitoral ftaFT and ring to any but the pcrfon ti urn \vhoia h: ftrft receiveil it, he \vcnl iiiiinuciidtelv to kin. 1 ; Lclward s tomb, and fttrck the Uaft" fo deeply in:o tlie ftonf, tliat none but liimfelf was able to pull it out : (. poii v. hieh he was allowed to Veep his biflicpiic. This inftznce may i inftead of many, as a Ipecimcn of the uioukilh mi)^cl*s. Xec a lib ll.e Ainuls cf Burton, p. 284-. J Malmel . de Gcft. Font. p. 154. IQ2 HISTORY OF ENGLAND. CHAP, be advanced to any dignity, ecclefiaftical, civil or milita- IV. ry*. The king, therefore, upon Stigand sdepofition, pro- * nioted Lanfrac, a Milanefe monk, celebrated for his learn- 7. ing and piety, to the vacant lee. This prelate was rigid in defending the prerogatives of his ftation ; and after a long proce is before the pope, he obliged Thomas, a Nor man monk, who had been appointed to the fee of York, to acknowledge the primacy of the archbifhop of Canter bury. Where ambition can be Ib happy as to cover its en- terprifes, even to the perfon himlelf, under the appearance of principle, it is the moft incurable and inflexible of all human puffions. Hence Lanfranc s zeal in promoting the interefts of the papacy, by which he himfelf augmented his own authority, was indefatigable ; and met with pro portionable fuccefs. The devoted attachment to Rome continually increafed in England ; and being favoured by the fentimentsof the conquerors, as well as by the mona- flic eftablifhments formerly introduced by Ed red and by Edgar, it foon reached the fame height at which it had, during fome time, Hood in France and Italy!!. It after wards went much farther ; being favoured by that very re mote fituation which had at firft obftrufted its progrefs ; and being lefs checked by knowledge and a liberal educa tion, which were ftill fomewbat more common in the touthern countries. THE prevalence of this fuperflitious fpirit became dan gerous to fome of William s fucceflbrs, and incommodious to moft of them : But the arbitrary (way of this king over the Englifh,and his extenfive authority over the foreigners, kept him from feeling any immediate inconveniencies from it. He retained the church in great fubje&ion, as well as his lay lubjects ; and would allow none, of whatever cha racter, to difputehis fovereign will and pleafurc. He pro hibited his fubjecls from acknowledging any one for pope whom he himlelf had not previouily received: He requir ed that all the ecclefiaftical canons, voted in any fynod, fhould firft be laid before him, and be ratified by his autho rity ; Even bulls or letters from Rome could not legally be produced, till they received the fame fanlion : And none of his minifters or barons, whatever offences they were guilty of, could be fubjecled to Ipiritual cenfures till he himfelf had given his confent to their excommunication^. Thefe regulations were worthy of a fovereign, and kept * Ingulf, p. 70, 71. || M. Weft. p. 2-. S. Lanfranc wrote in defence of the real prefence againft Berengarius : and in thofe ages of ftupiilUy and ignorance, he was greatly ap plauded for that performance. J Eadmer. p. 6. WILLIAM THE CONQUEROR. 93 united the civil and ecclcfiadical powers, which the prin ciples introduced by this prince himfelf, had an immediate tendency to feparate. Bur the Englilh had the cruel mortification to find that I0 7 their king s authority, however acquired or however ex tended, was all employed in their oppreffion ; and that the fcheme of tlveir fubjection, attended with every cir- cumftance of infultand indignity^, was deliberately form ed by the prince, and wantonly profecuted by his follow ers}:. William had even entertained the difficult project of totally abolifhing the Englifh language ; and, for that purpofe, he ordered that in all fchools throughout the kingdom the youth ihould be inflructed in the French tongue ; a practice which was continued from cudom till after the reign of Edward III. and was never indeed total- f-f^ ly difcontinued in England. The pleadings in the fu- prerne courts of judicature were in French || : The deeds were often drawn in the fame language : The laws were compofed in that idiom** : No other tongue was ufed at court : It became the language of all fafhionable compa ny ; and the Englilh themfelves, afhamed of their own country, affected to excel in that foreign dialect. From this attention of Williana, and from the extenfue foreign dominions long annexed to the crown of England, pro ceeded that mixture of French which is at prefent to be found in the Englifh ton gue, and which compofes the greateft and bed part of our language. But amidfi thofe endeavours to deprefs the Englifh nation, the king, moved by the remonftrances of fome of his prelates, and by the earned defires of the people, redored a few of the laws of king Edwardff; which, tho ngh fecmingly of no great importance towards the protection of general liberty, gave them extreme fatisfadtion, as a memorial of their ancient government, and an unufualmark of complaiiance in their imperious conquerors |J. THE (ituatioo of the two great earls, Morcar and Ed- 1^71. win, became now very difagreeable. Though they had retained their allegiance during this general infurrection of their countrymen, they had not gained the king s confi dence, and they found themfelves expofed to the malignity of the courtiers, who envied them on account of their opu lence and greatnefs, and at the fame time involved them VOL. I. Cc f Order. Vital, p. 573. H. Hunt. p. 370. + Insuilf, p. 71. jj 36 Ed. III. cap. 15. SeldenSp cilej. adEadmer. p. 189. FoitelVue dtt \.w\. lc^. Angl. cap. 48. * * Chron. Rothom. A. D. 1066. ft Ingulf, p. 88. Brompton, p. 982. Knvyhton, p. 2355. hovcrien, p. Cj->. J J See noie[lv] at the end of the volume. 194 HISTORY OF EN GLAND. CHAP. > n that general contempt which they entertained for the IV. Englifh. Senfible that they had entirely loft their dignity, v - v and could not even hope to remain long in fafety ; they J 7i- determined, though too late, to (hare the fame fate with their countrymen. While Edwin retired to his eftate in the north, with a view of commencing an infurrelion, Morcar took fiielter in tfae Ifie of Ely with the brave Here- ward, who, fecured by the inacceflible fituation of the place, ftill defended hirnfelf againft the Normans. But this attempt ferved only to accelerate the ruin of the few Englifh, who had hitherto been able to preferve their rank or fortune during the part convulfions. William em ployed all his endeavours to fubdue the Ifle of Ely ; and having iurrounded it with flat-bottomed boats, and made a caufeway through themoraflesto the extent of two miles, he obliged therebelstolurrenderatdifcretion. Herewardalone forced his way, iword in hand, through the enemy ; and ftill continued his hoftilities by fea againft the Normans, till at laft William, charmed with his bravery, received him into favour, and reftored him to his eftate. Earl Mor car, and E gelwin bifhop of Durham, who had joined the malcontents, were thrown into prifon, and the latter foon after died in confinement. Edwin, attempting to make his efcape into Scotland, was betrayed by fome of his follow ers, and was killed by a party of Normans, to the great affliction of the Englifh, and even to that of William, who paid a tribute of generous tears to the memory of this gallant and beautiful youth. The king of Scotland, in hopes of profiting by thele convulfions, had fallen upon the northern counties ; but on the approach of William he retired ; and when the king entered his country, he was glad to make peace, and to pay the ufual homage to the Englifh crown. To complete the king s profperity, Ed gar Atheling himfelf, defpairing of fuccefs, and weary of a fugitive life, fubmitted to his enemy ; and receiving a decent penfion for his fubftftence, was permitted to live in England unmo lefted. But thefe acls of generofity towards the leaders were dilgraced, as ufual, by William s rigour againft the inferior malcontents. He ordered the hands to be loft off, and the eyes to be put out, of many of the pri- ibners whom he had taken in the Ifleof Ely ; and he dif- perfed them in that miferable condition throughout the country, as monuments of his feverity. 1073, THE province of Maine in France had, by the will of Herbert the lalt count, fallen under the dominion of Wil liam fome years before his conqueft of England ; but the inhabitants, diOatisfied with the Norman government, and inftigated by Fulk count of Anjou, who had iome preten- WILLIAM THE CONQ.UEROR. 195 fions to the fucccffion, now rofe in rebellion, and expelled CHAP, the magiftrates whom the king had placed over them. The IV. full lettlement of England afforded him leifure to punifh * this infult on his authority ; but being unwilling to remove 10 73- his Norman forces from this illand, he carried over a con- fiderable army, compofed almolt entirely of Englifh ; and joining them to fome troops levied in Normandy, he en tered the revolted province. The Englifh appeared ambi tious of diftinguiibing themfelves on this occafion, and of retrieving that character of valour which had long been national among them ; but which their late eafy fubjection under the Normans had fomewhat degraded andobfcured. Perhaps too they hoped that, by their zeal and activity, they might recover the confidence of their fofereign, as their anceftors had formerly, by like means, gained the affections of Canute ; and might conquer his inveterate prejudices in favour of his own countiymen. The king s military conduct, feconded by thefe brave troops, foon overcame all oppofition in Maine : The inhabitants were obliged to iubmit, and the count of An jou relinquifhed his pretenfions. BUT during thefe tranfa6tions the government of Eng- land was greatly difturbed ; and that too by thofe very infurrec- foreigners who owed every thing to the king s bounty, and tionof the who were the fole obje6t of his friendfhipand regard. The barons." Norman barons, who had engaged with their duke in the conqueft of England, were men of the moft independent Hpirit ; and though they obeyed their leader in the field, they would have regarded with difdain the ncheil acqui- fitions, had they been required in return to fubmit, in their civil government, to the arbitrary will of one man. But the imperious character of William, encouraged bv his abfolute dominion over the Englifh, and often impelled by the neceffity of his attains, had prompted him to ft retch his authority over the Normans themfelves beyond what the free genius of that victorious people could eafily bear. The difcontents were become general among thofe haugh ty nobles ; and even Roger, earl of Hereford, fon and heir of Fitz-Olberne, the king s chief favourite, was firong- ly infected with them. This nobleman, intending to mar ry his fifter to Ralph de Guader, earl of Norfolk, had thought it his duty to inform the king of his purpofe, and todefire the royal conlent ; but meeting with a refufal, he proceeded neverthelefs to complete the nuptials, and af- jemblcd all his friends, and thole of Guader, to attend the folemnity. The two e iris, dil gutted by the denial of their requeft, and dreading William s refentrncut for their dil- obedience, here piepared mealujc^ for 4 revolt ; and dur- 196 H I S T O R Y O F E N G L A N D. CHAP. n ? tne g ;i et y f tne fcftival, while the company was heated IV. with wine, they opened the defign to their guefls. They v .,.. v inveighed againft the arbitrary conduct of the king; his I0 74 tyranny over the Englith, whom they affe61ed on this cc- cafiori to commiferate ; his imperious behaviour to his ba rons of the nobleft birth ; and his apparent intention of "re ducing the viclors and the vanquished to a like ignomini ous fcrvitude. Amidlt their complaints, the indignity of fubmitting to a bafhird * was not forgotten ; the certain profpect of fuccefs in a revolt, by the affiftance of the Danes and the difcontented Englifh, was infilled on ; and the whole company, inflamed with the fame fentirnents, and warmed by the jollity of the entertainment, entered, by a lolemn engagement, into the defign of fhaking off the royal authority. Even earl Waltheof, who was pre- fent, inconliderately exprefled his approbation of the confpiracy, and promifed his concurrence towards its fuc cefs. THIS nobleman, the laft of the Englifh who, for fome generations, pofleiTed any power or authority, had, after his capitulation at York, been received into favour by the Conqueror; had even married Judith, niece to that prince; and had been promoted to the earldoms of Huntingdon and Northamptonf. Co r patric, earl of Northumberland, hav ing, on fome new difguft from William, retired into Scot land, where he received the earldom of Dunbar from the bounty of Malcolm ; Waltheof was appointed his fuccef- ior in that important command, and feemed ftill to poffeft the confidence and friendfhip of his fovereign J. But as he was a man of generous principles, and loved his coun try, it is probable that the tyranny exercifed over the Eng lifh lay heavy upon his mind, and deflroyed all the fatis- faction which he could reap from his own grandeur and advancement. When a profpet, therefore, was opened of retrieving their liberty, he hafiily embraced it ; while the fumes of the liquor, and the ardour of the company, prevented him from reflecting on the confequencesof that rafh attempt. But after his cool judgment returned, he forefaw, that the confpiracy of thole difcontented barons was not likely to prove fuccefsful againft the eftablifhed power of Wiliiam ; or if it did, that the llavery of the Englifh, inftead of being alleviated by that event, would become mote grievous under a multitude of foreign leaders, * \Villiam wa.; fo little afnamed of his bhtli, that he a (fumed the appella tion of Baftard in fome of his letfeis and chatters. Si din. Glofl . in verb. Btiffji diit. Cduiaen in Richmond/hire* f Order. Vital, p. 522. Ho\ecien, p. 454. ^ Sim. Cun. p. 2<K. WILLIAM THE CONQUEROR. 197 faflious and ambitious, whofe union and whofe difcord CHAP, would be equally oppreffive to the people. Tormented IV. with thefc reflections, he opened his mind to his wife Ju- v dith, of whofe fidelity he entertained no fufpicion ; but l074 who, having fecretly fixed her affeclions on another, took this opportunity of ruining her eafy and credulous hufband. She conveyed intelligence of the confpiracy to the king, and aggravated every circumftance, which, fhe believed, would tend to incenfe him againft Waltheof, and render him abfolutely implacable)). Meanwhile the earl, (till dubious with regard to the part which he fhould acSt, dif- coverL d the fecret in confeffion to Lanfranc,on whofe pro bity and judgment he had a great reliance : He was per- fuaded by the prelate, that he owed no fidelity to thofe re bellious barons, who had by furprife gained his confent to a crime ; that his lirfl duty was to his fovereign and bene- faclor, his next to himfelf and his family ; and that, if he ieized not the opportunity of making atonement for his guilt by revealing it, the temerity of the confpirators was ib great, that they would give fome other perfon the rnoanp of acquiring the merit of the difcovery. Waltheof, con vinced by thefe arguments, went over to Normandy ; but though he was well received by the king, and thanked for his fidelity, the account, previoufly tranfmitted by Ju dith, had funk deep into William s mind, and had deftroy- ed all the merit of her hufband s repentance. THE confpirators hearing of Waltheof s departure, im mediately concluded their defigntobe betrayed; and flew to arms before the fchemes were ripe for execution, and before the arrival of the Danes, in whofe aid they placed their chief confidence. The earl of Hereford was check ed by Walter de Lacy, a great baron in thole parts, who, fupported by the bifhop of Worcefter and the abbot of Evelham, raifed fome forces, and prevented the earl from paffing the Severne, or advancing into the heart of the kingdom. The earl of Norfolk was defeated at Fagadun, near Cambridge, by Odo, the regent, affified by Richard de Bienfaite and William de Warrenne, the two jufticia- ries. The prifoners taken in this action had their right foot cut off, as a punifhment of their treafon : The earl himfelf efcaped to Norwich, thence to Denmark ; where the Danifh fleet, which had made an unfuccefsful attempt upon the coafl of England*, foon after arrived, and brought him intelligence, that all his confederates were jfuppreffed, and were either killed, banifhed, or taken pri ll Order. Vital, p. 5 36. * Chron. Sax. p. jSj. M. Paris, p. 7. 19* HISTORY OF ENGLAND. CHAP. Toners*. Ralph retired in defpair to Britanny, where he IV. pofTefled a large eftate and extenfive jurifdiclions. * , THE king, who haftened over to England in order to I0 74- fupprefs the in furred ion, found that nothing remained but the punilhment of the criminals, which he executed with great feverity. Many of the rebels were hanged; fome had their eyes put out ; others their hands cut off. But Willi am, agreeably to his ufual maxims, fhowed more lenity to their leader, the earl of Hereford, who was only condemn ed to a forfeiture of his eftate, and to imprifonment during pleafure. The king feemed even difpofed to remit this lail part of the punilhment ; had not Roger, by a frefh info- lence, provoked him to render his confinement perpetual. But Waltheof, being an Englilhman, was not treated with fo much humanity ; though his guilt, always much inferior to that of the other confpirators, was atoned for by an early repentance and return to his duty. William, inftigated by his niece, as well as by his rapacious courtiers, who longed for fo rich a forfeiture, ordered him to be tried, con- agth Apr. demned, and executed. The Englilh, \vhoconfidered this nobleman as the lafl refource of their nation, grievoufly lamented his fate, and fancied that miracles were wrought by hisreliques, as a tcftimony of his innocence and fancU- ty. The infamous Judith, railing foon after under the king s difpleafure, was abandoned by all the world, and pafied the reft of her life in contempt, remorfe, and mi- fery. NOTHING remained to complete William s fatisfaclion but the puniihment of Ralph de Guacler ; and he haftened over to Normandy, in order to gratify his vengeance on that criminal. But though the conteilleemed very unequal between a private nobleman and the king of England, Ralph was fowell fupported both by the earl of Britanny and the king of France, that William, after befieging him for fome time in Dol, was obliged to abandon the enter- prife, and make with thofe powerful princes a peace, in which Ralph himfelf was included. England, during his abfence, remained in tranquil ity ; and nothing remarka ble occurred, except two ecclefiaftical fynods which were fummoned, one at London, another at Winchefter. In the former, the precedency among the epifcopal lees was fettled, and the feat of fome of them u as removed from imall villages to the moft confiderable town within thedio- * Many of the fugitive Normans are fuppofed to have fled into -Scotland ; where they were protedted, as well as the fugitive Englifh, by Malcolm. "Whence come the many French and Nounan families, which are found at pre- fent in that country. WILLIAM THE CONQUEROR. 199 cefe. In the feconcJ was tranfacled a bufmefsof more im- CHAP, portance. IV. THE induftry and perseverance are furprifing,witii which " . J the popes had been treafuring up powers and pretenfions : T"- , ,- c i-i -re Difputea- durmgio many ages of ignorance; while each pontiff em- b()ll , invet -. ployed every fraud tor advancing purpole*. of imaginary f.m.cs. piety, and cheriihed all claims which might turn to the advantage of his fucceflbrs, though he hirnfelf could not expect ever to reap any benefit from them. All this im- inenfe ftore of fpi ritual and civil authority was now devolv ed on Gregojy VII. of the name of Hildebrand, the moft enterpriling pontirFthat had ever filled that chair, and the leaft retrained by fear, decency, or moderation. Not con tent with (baking oil the yoke of the emperors, who had hitherto exerciied the power of appointing the pope on every vacancy, at leafl of ratifying his election ; he under took the arduous tafk of entirely disjoining the ecclefiaft i- cal from the civil power, and of excluding profane laymen from the right which they had allumed, of filling the va cancies of billioprics, abbies, and other fpirltual dignities*. The fovereigns, who had long exerciied this power, arxl who had acquired it, not bv encroachments on the church, but on the people, to whom it originally belongedf, made great oppofition to this claim of the court of Rome ; and Henry IV. the reigning emperor, defended this prerogative of his crown with a vigour and reiolution fuitable to its importance. The few offices, either civil or military, which the feudal infiitutions left the fovereign the power of beftowing, made ihe prerogative of conferring the paf- toral ring and ftafF the mod valuable jewel of the royal diadem ; efpecially as the general ignorance of the age beftowed a conlequence on the ecclefiaftical offices , even beyond the great extent of power and property which be longed to them. Superftition, the child of ignorance, in- vefted the clergy with an authority almofl facred ; and as they ingrolTed the little learning of the age, their inter- pofition became requifite in all civil bufmefs, and a real ufefulnefs in conunon life was thus fuporaddcd to the ipiri- tual fanclity of their character. WHEN the ufurpations, therefore, of the church had come to luch maturity as to embolden her to attempt ex torting the right of inveftitures from tlie temporal power, Europe, efpecially Italy and Germany, was thrown into the moll violent convulfions,and the pope and the emperor waged implacable war on each oilier. Gregory dared to * L Abbe Cone, torn : x. p. 371, J7-- com. 2. f Padre Paolo fopia belief, ecckl . [>. j->. 200 HISTORY OF ENGLAND. CHAP, fulminate the fentence of excommunication againfl Henry IV. and his adherents, to pronounce him rightfully depofed, to 11 v free his fubjefb from their oaths of allegiance; and, inftead of mocking mankind by this grofs encroachment on the civil authority, he found the flupid people ready to fecond his motl exorbitant pretenfions. Every minifter, fervant, or vafial of the emperor, who received any difguft, covered his rebellion under the pretence of principle; and even the mother of this monarch, forgetting all the ties of na ture, was feduced to countenance the infolence of his ene mies. Princes themfelves, not attentive to the pernicious confequences of {hole papal claims, employed them for their prelent purpofes : And the controverfy, fpreading into every city of Italy, engendered the parties of Guelf and Ghibbelin; the moil durable and moft inveterate facti ons that ever arofe from the mixture of ambition and reli gious zeal. Befides numberlefs aflaflinations, tumults, and convulfions, to which they gave rife, it is computed that the quarrel occafioned no lefs than fixty battles in the reign of Henry IV. and eighteen in that of his fucceflbr, Henry V. when the claims of the fovereign pontiiF finally pre vailed*. BUT the bold fpiritof Gregory, not clifmayed with the vigorous oppofition which he met with from the e mperor, extended hisufurpationsall over Europe ; and well know ing the nature of mankind, whofe blind aftonifhment ever inclines them to yield to the moft impudent pretenfions, he feemed determined to fet no bounds to the ipiritual, or rather temporal monarchy, which he had undertaken tc erect. He pronounced the fentence of excommunication againft Nicephorus, emperor of the Eaft; Robert Guifcard, the adventurous Norman who had acquiied the dominion of Naples, was attacked by the fame dangerous weapon : He degraded Boleflas, king of Poland, from the rank of king ; and even deprived Poland of the title of a king dom : He attempted to treat Philip king of France with the fame rigour which he had employed againfl: the em- perorf : He pretended to the entire property and dominion of Spain; and he parcelled itoutamongft adventurers, who undertook to conquer it from the Saracens, and to hold it in vaffalage under the fee of RomeJ: Even the Chriftiah bifbcps, on whole aid he relied for fubduiog the temporal princes, faw that he was determined to reduce them to fer- * Faclre Paolo fopra benef. ecclef. p. 1 13. t t-pift. Greg. VII. epift. 32. 35. lib. 2. epift. 5. 5 Ljnft. Greg. VII. Ub. i. ertft. 7. WILLIAM THE CONQUEROR. 201 vitude ; and by afJTuming the whole legillative and judicial CHAP, power of the church, to centre all authority in the love- IV. reign pontiff*. * " WILLIAM the Conqueror, the inoft potent, the mofthaugh- l 7 6 ty,and the mod vigorous prince in Europe, was nt>t,amidft all his fplendid fucceffes, fecurefrom the attacks of thisen- terprifiug pontiff. Gregory wrote himaletter,requiringhiin to fulfil his promife in doing homage for the kingdom of England to the ice of Rome, and to fend him over that tri bute, which all his predeceflbrs had been accufiomed to pay to the vicar of Chrift. By the tribute, he meant Pe ter s pence ; which, though at fir ft a charitable donation of the Saxon princes, was interpreted, according to the ufi:al practice of the Romiih court, to be a badge of fub- jection acknowledged by the kingdom. William replied, that the money ihould be remitted as ufual ; but that nei ther had he protnifcd to do homage to Rome, nor was it in the leaft his purpoie to impofe that fervitude on his ftatef. And the better to Ihow Gregory his independence, he ven tured, notwithstanding the frequent complaints of the pope, to refufe to the Engliih bilhops the liberty of attending a general council which that pontiff had fummoned againft his enemies. BUT though the king difplayed this vigour in fupporting the royal dignity, he was infedtpd with the general fuper- ftition of the age, and he did not perceive the ambitious fcope of thofe inftitutions, which, under colour of ttrift- nefs in religion, were introduced or promoted by the court of Rome. Gregory, while he was throwing all Europe into combuftion by his violence and impoftuves, affected an axious care for the purity of manners ; and even the chafte pleafures of the marriage-bed were inconfiflent, in his opinion, with the fanCtity of the facerdpta! character. He had iflued a decree prohibiting the marriage of priefts, excommunicating all clergymen who retained their wive*, declaring fuch unlawful commerce to be fornication, and rendering it criminal in the laity to attend divine worfhip when fuch profane pri-rfis officiated at the altar J. This point was a great object in the politics of the Roman pon tiffs; and it coif them infinitely more pains to cftablifh it, than the propagation of any fpeculative abfurdity which they had ever attempted to introduce. Many fy nods were fummoned in different parts of Europe, before it was final ly fettled ; and it was there conftantly remarked, that the VOL. 1. L)d * Crci;. Ep:ft. lib. 2. epift. 55. f Spic .leg. SeU cni ad Eadmer, p. 4. * Hbveden, p. 455. 457. Her. \Vigorn. j>. cji . ij tritu. CuncU. fji, jj, A. U. 1076. 202 HISTORY OF ENGLAND. C H A F. younger clergymen complied cheerfully with the pope s IV. decrees in this particular, and that the chief reluctance ap- v , peared in thofe who were more advanced hi years : An 1076. event fo little confonant to men s natural expectations, that it could not fail to be glotTed on, even in that blind and fu- perftitious age. William allowed the pope s legate to af- femble, in hisabfence, a iynod at Winchefler, in order to ettablifh the celibacy of the clergy ; but the church of Eng land could not yet be carried (he whole length expected. The fynod was content with decreeing, that the bifhops fhould not thenceforth ordain any priefts or deacons with out exacting from them a prorriife of celibacy ; but they enacted, that none, except thofe who belonged to colle giate or cathedral churches, fhould be obliged to feparate from their wives. Revolt of THE king paffed fome years in Normandy ; but his long refidence there was not entirely owing to his declared preference of that dutchy : His prefence was alfo neceflary for compofing tboie difturbances which had arifen in that favourite territory, and which had even originally proceed ed from his own family. Robert, his eldeft ion, furnamed Garr.biiron orCourthofe, from his fhort legs, was a prince who inherited all the bravery of his family and nation; but without that policy and diffimulation, by which his father was fo much diftinguifhed, and which, no lefs than his military valour, had contributed to his great fuccefles. Greedy of fame, impatient of contradiction, without re- ferve in his friendihips, declared in his enmities, this prince could endure no control even from his imperious father, and opera ly afpired to that independence, to which his temper, as well as fome circumflances in his fituation, ftrongly invited him*. When William firft received the fubmiffions of the province of Maine, he had promiied the inhabitants that Robert fhould be their prince; and before he undertook the expedition againfl England, he had, on the application of the French court, declared him his fuc- ceffor in Normandy, and had obliged the barons of that dutchy to do him homage as their future fovereign. By this artifice, he had endeavoured to appeafe the jealoufy of his neighbours, as affording them a profpecl: of feparating England from his dominions on the continent ; but when Robert demanded of him the execution of thofe engage ments, he gave him an abfolute refufal, and told him, ac cording to the homely faying, that he never intended to throw ofFlus tlothes till he went to bedf. Robert openly * Order. Vital, p. 545. Hovcden, p. 457. fior. Wigorn. p. 639. f Chron. de Mailr. p. 160. WILLIAM THE CONQUEROR. 203 declared his difcontent ; and was fufpefted of fecretly in- C II A P. ftigating the king of France and the earl of Britanny to IV. the oppofition which they made to William, and which v ^ had formerly fruftrated his altempts upon the town of Dol. 10 7 6 - And as the quarrel ftill augmented, Robert proceeded to entertain a firong jealoufy of his two furviving brothers Wiliiam and Henry (for Richard was killed in hunting by a ftag), who, by greater fubmiflion and complaifance, had acquired the affections of their father. In thisdifpoti- tion, on both fides, the greateft trifle fufficed to produce a rupture between them. The three princes, refiding with their father in the caf- tle of 1 Aigle in Normandy, were one day engaged in fport together ; and after fome mirth and jollity, the two young er took a fancy of throwing over fome water on Robert as he paiTed through the court on leaving their apartment* ; a frolic, which he would naturally have regarded as inno cent, had it not been for the luggeftions of Alberic de Grentmefnil, Ion of that Hugh de Grentmefnil, whom William had formerly deprived of his fortunes, when that baron deferted him during his greateft difficulties in Eng land. The young man, mindful of the injury, perfuaded the prince that this aClion was meant as a public aiFront, which it behoved him in honour to refent; and the chole ric Robert, drawing his fword, ran up (lairs, with an in tention of taking revenge on his brothers f. The whole cafHe was filled with tumult, which the king himfelf, who haftened from his apartment, found fome difficulty to ap- peafe. But he could by no means appeafe the refentment of his eldeft (on, who, complaining of his partiality, and fancying that no proper atonement had been made him for the inlultj left the court that very evening, and haftened to Rouen, with an intention of feizing the citadel of that place J. But being diiappointed in this view by the pre caution and vigilance of Roger de Iverv, the governor, he fled to Hugh d- Neufchatel, a powerful Norman baron, who gave him pro*eUon in his cafHes; and he openly le vied war againfl his fat ier||. The popular character of the prince, arid a fimilarity of manners, e igaged ail the youno- nobility of Normandy and Maine, as welt as of Anjou and Britanny, to take part with him; nd it was fufpected that Matilda, his mother, whole favourite he was, fupport- ed him in his rebellion by fecret remittances of money, and by the encouragement which The gave his partifans. Order. Vita ., n. _ ,.;.<;. t Ib:d. + ;tid. II Order. Vita^. p. 5^5. Ho-.eden, p. 457. Sim. Dun. p. TIC. Diceto, p. -fS 7 . 204 HISTORY O F E N G L A N D. CHAP. ALL the hereditary provinces of William, as well as IV. h s family, were, during feveral years, thrown into convul- v v fions by this war ; and he was at laft obliged to have re- 10 79- courfe to England, where that fpeces cf military govern ment which he h;id eftablifhed gave him greater aLithority than the ancient feudal inllitutions permitted him to exer- cife in Normandy. He called over an army of Englifh under his ancient captains, who foon expelled Robert and his adherent? from their retreat-, and reftored the authority of the fovcreign in all his dominions. The young p?iiv.: was obliged to take ihelterin the caftle of Gerberoy in the Beauvoifis, which the king of France, who fecretly fo mented all thefe difTenfions, had provided for him. In this fortrefs he war, clofely beficged by his father, againfl whom, having a flrong garrifon, he made an obftinate de fence. There patted under the walls of this place many rencounters, which refembled more the fingle combats of chivalry, than the military a<5Hons of armies; but one of them was remarkable for its circumftances and its event. Robert happened to engage the king, who was concealed by his helmet; and both of them being valiant, a fierce combat enfued, till at laft the young prince wounded his father in the arm, and unhorfed him. On his calling out for aflifiance, his voice difcovered him to his fon, who, Oruck with remorie for his pail guiit, and aflonifhed with the apprehenvions of one much greater, which he had fo nearly incurred, inflantly threw himfelf at his father s feet, craved pardon for his offences, and offered to purchafe forgivenefs by any atonement*. ^Flic refentment harbour ed by William was fo implacable, tl>at he did not imme diately correfpond to this dutiful lubmiflion of his fun with like tendernels ; but giving him his malediction, departed for his own camp, on Robert s horfe, which that prince had affifted him to mount. He foon after raifed the ficge,ar}d marched with his army to Normandy ; where the interpo- fition of the queen, and oilier common friends, brought about a reconcilement, which wa: probably not a little for warded by the generofity of the foil s behaviour in this ac tion, and by the returning fenle of his paft mi (conduct. The kingfeemcd fo fully appealed, that he even took Ro bert with him into England; where he intrufted him with the command of an army, in order .to repel an inroad of Malcolm king of Scotland, and to retaliate by a like inroad into that country. The Welfh, unable to refift Willium s power, were, about the fame time, neccffitatcd to pay a * Malmcf. p. K 6. H. Hunt. p. 369. Hoveden, p. *[,?. Hor. Wig. p. 639. Sim. Dun. p. 210. D:ce:o, p. 187. Knyghton, p. 2351. Alur. Be veil. p. ij5- WILLIAM THE CONQUEROR. 205 compenfation for their incurfions; and every thing was re- CHAP, duced to full tranquillity in this ifland. IV. THIS Irate of affairs gave William leifure to begin and v * J finifh an undertaking, which proves his extenfive genius, I0? . - , , i P, i mP f Domelday- and does honour to his memory : It wa-; a general iurvey book. of all the lands in the kingdom, their extent in each dif- trift, their proprietors, tenures, value; the quantity of meadow, p?.fture, wood, and arable land, which they con tained ; and in fome counties the number of tenants, cot tagers, and flaves of all denominations, who lived upon them. He appointed commiilioners for this purpofe, who entered every particular in their regifter by the verdict of juries; and after a labour of fix years (for the work was Ib long in finifhing) brought him an cxatt account of all the landed property cf his kingdom*. This monument, called Domefday-book the moft valuable piece of anti quity poffefled bv any nation, is flill preferved in the Ex chequer ; and though only fome extracts of it have hitherto been publiihed, it ferves to Slluftrate to us, in many parti culars, the ancient ftate of England. The great Alfred had finifhed a like Iurvey of the kingdom in his time, which was long kept at WJnchefter, and which probably ferved as a model to William in this undertakingf. THE king was naturally a great oeconomift ; and thougli no prince had ever been more bountiful to his officers and fervants, it was merely becaufe he had rendered himielf univerfal proprietor of England, and had a whole kingdom to beftow. He referved an ample revenue for the crown ; and in the general diftribution of land among his follow ers, he kept poffcffion of no lefs than 1422 manors in different parts of England , which paid him rent either in money, or in corn, cattle, and the ufual produce of the foil. An ancient hiftorian computes, that his annual fixed income, befides cfcheats, fines, reliefs, and other cafual .profits to a great value, amounted to near 400,000 pounds a year ||; a fum which, if nil circumftances be attended to, win appear wholly incredible. A pound in that age, as we have alreadv oblerved. contained three times the weight of filverthat it does atprefent ; and the fame weight of fil- ver,by the moft probable computation, would purchafenear * Chron. Sax. p. 190. Ingulf, p. 79. Chron. T. \Vykes, p. 13. j-f. Hunt. p. 370. Hoveden, p. 460. M. Weft. p. 229. Flor. \Vigorn. p. 641. i. Abb. .St. Petri de Burgo, p. 51. M. Paris, p. 8. 1 he more northern counties were not comprehended in this furvey ; I luppofe becaufe of their wild, uncultivated flate. t Ingulf, p. 8. t V> r Into the manner of creating peers, p. 2.}. || Order. Vital, p. 523. He fays 1060 pounds and fome odd Shillings and pence a da/. ao6 HISTORY OF ENGLAND. CHAP, ten times more of the neceflaries of life, though not in the IV. fame proportion of the finer manufactures. This revenue, v - - * therefore, of William wouW be equal to at leaft nine or ten icSi. millions at prefent ; and as that prince had neither fleet nor army to fupport, the former being only an occafional expence, and the latter being maintained, without any charge to him, by his military vatials, we muft thence con clude, that no emperor or prince, in any age or nation, can be compared to the Conqueror for opulence and riches. This leads us to fufpecl: a great miftake in the computation of the hiftorian; though, if we confider that avarice is al ways imputed to William as one of his vices, and that hav ing by the fword rendered himfelf mafter of all the lands in the kingdom, he would certainly in the partition retain a great proportion for his own fhare; we can fcarcely be guil ty of any error in afierting, that perhaps no king of Eng land was ever more opulent, was more able to fupport, by his revenue, the fplendourand magnificence of a court, or could beflow more on his pleafures, or in liberalities to his fervantsand favourites*. The new THERE was one pleafure, to which William, as well as all the Normans and ancient Saxons, \vasextremely ad dicted, and that was hunting : But this pleafure he indulged more at the expence of his unhappy fubje&s, whofe inter- efts he always disregarded, than to the lols or diminution of his own revenue. Not content with thofe large forefts, which former kings ^offeffed in all parts ot England ; he refolved to make a new foreft near Winchefter, the ufual place of his refidence : f And for that purpofe, he laid watte the country in Hampfhire for an extent of thirty miles, expelled the inhabitants from their houfes, feized their property, even demolifhed churches and convents, and made the fufferers no compensation for the injury f. At the fame time, he enacted new laws, by which he prohibi ted all his fubje&s from hunting in any of his forefts, and rendered the penalties more feverefhan ever had been in- flic/ted for fuch offences. The killing of a deer or boar, or even a hare, was punifhed with the lofs of the delin quent s eyes ; and that at a time, when the killing of a man could be atoned for by paying a moderate fine or compofition. THE transactions recorded during the remainder of this reign, may be confidered more as domeftic occurrences, which concern the prince, than as national events, which regard England. Odo, bifhopof Baieux, the king s ute- * Fortefcne, fie Dom. retr. & politic, cap in. j- Malmsl . p. 3. H. Hun{. p. 731, Anglia Sacra, vol. i. p. 158. WILLIAM THE CONQUEROR. 207 rine brother, whom he had created earl of Kent, and en- CHAP* trufted with a great (hare of power during his whole reign, IV. hadamafled imment e liches ; and agreeably to the ufual v - J progrefsof human wifhes, he began to regard his prefent lo;i7 - acquifitionsbut as a ftep to farther grandeur. He had formed the chimerical project of buying the papacy; and though Gregory, the reigning pope, was not of advanced years, the prelate had confided fo much in the predictions of an aftrologer, that he reckoned upon the pontiffs death, and upon attaining, by hisown intrigues and money, that en vied ftate of greatnefs. Refolving, therefore, to remit all his riches to Italy, he had perluaded many considerable barons, and, among the reft, Hugh earl of Chefter, to take the lame courfe; in hopes that, when he fhould mount the papal throne, he would beftow on them more confiderable eftablifhments in that country. The king, from whom all thefe projects had been carefully concealed, at lafl got intel ligence of the defign,and ordered Odo to be arrefted. His officers, from refpet to the immunities which the ecclefi- afHcs now adumed, fcrupled to execute the command, till the king himielf was obliged in perfon to feize him ; and when Odo infifted that he was a prelate, and exempt from all temporal jurifdiction, William replied, that he arrefted him, not as bifhop of Baieux, but as earl of Kent. He was tent prifoner to Normandy ; and notwithftanding the remonflrances and menaces of Gregory, was detained in cuftody during the remainder of this reign. ANOTHER domeftic event gave the king much more concern : It was the death of Matilda, his confort, w4iom J0 *3- he tenderly loved, and for whom he had ever preferved the moft fincere friendfhip. Three years afterwards he paifed into Normandy, and carried with him Edgar Athc- ling, to whom he willingly granted permiffion to make a pilgrimage to the Holy Land. He was detained on the IoS _ continent by a mifunderftanding, which broke out between War wiib him and the king of France, and which was occafioned by Fraiice inroads made into Normandy by iome French barons on the frontiers. It was little in the power of princes at that time to reftrain their licentious nobility ; but William fuf- pecled, that theie barons durft not have provoked his in dignation, had they not been allured of the countenance and protection of Philip. His difpleafure was increafed by the account he received of fome railleries which that monarch had thrown out againft him. William, who was become corpulent, had been detained in bed fome time by ficknefs ; upon \vhichPhilipexprefled his furpiife that his brother of England fhould be fo long in being delivered of his big belly. The king fent him word, that, as foon as he was 208 HISTORY OF ENGLAND. CHAP. up he would prefent fo many lights at Notre-dame, as IV. would perhaps give little plea fur e to the king of France ; * . alluding to the ufual practice at that time of women after jcS;. child-birth. Immediately on his recovery, he led an army into L liie de France, and laid every thing wafte with fire and fword. He took the town of Mante, which he reduced to afhts. But the progreis of thele hofiilities was flopped by an accident, which foon after put an end to William s life. His horle flarting afide of a ludden, he bruifed his belly on the pommel of the facldle ; and being in a bad habit of body, as well as fomewhat advanced in years, he began to apprehend the confeqi-ences, and ordered himfelf to be carried in a litter to the tnonailery of St. Gervas. Finding his illnefs increale, and being fenfible of the ap proach of death, he difcovered at laft the vanity of all hu man grandeur, and was ftruck with remorfe for thole hor rible cruelties and acts of violence, which, in the attain ment and defence of it, he had committed during the courle ot hi* reign over England. He endeavoured to make atonement by preients to churches and rnonafteries ; and he illued orders, that earl Morcar, Siward Bearne, and other Engliih prifoners, Ibould be fet at liberty. He was even prevailed on, though not without reluclance, to con- lent, with his dying breath, to releafe his brother Odo, againft whom he was extremely incenled. He left Nor mandy and Maine to his eldeft fon Robert : He wrote to Lanfranc, defiling him to crown William king of England: He bequeathed to Henry nothing but the poffeffions of his mother Matilda : but foretold, that he would one day fur- pafs both his brothers in power and opulence. He expired ^th Sept. i" the.fixty-third year of his age, in the twenty-firft year Death of his reign over England, and in the fifty-fourth of that over Normandy. FEW princes have been more fortunate than this great terofwil- monarch, or were better entitled to grandeur and profperi- ]:am the ty, from the abilities and the vigour of mind which he dif- omjueror. pl a y e d in all his conduct. His fpirit was bold and enter- prifmg, yet guided by prudence: His ambition, which was exorbitant, and lay little under the reflraints of juf- tice, dill lei s under thole of humanity, ever fubmitted to the dictates of found policy. Born in an age when the minds of men were intractable and unacquainted with fub- iiiiffion, he was yet able todirecl: them to his purpofes ; and partly from the afcendant of his vehement character, part- Jy fiom art and diffimulation, to eftabliih an unlimited authority. Though not inlenfible to generofity, he was hardened againft cornpaflion ; and he feemed equally oflen- tatious and equally ambitious of mow and parade in his WILLIAM THE CONQUEROR. 209 clemency and in his feveritv. The maxims of his adminif- CHAP, tration were auftere ; but might have been ufeful, had they IV. been folely employed to preferve order in an eftablifhed * government* : They were ill calculated for foftening the 1087. rigours, which, under the moft gentle management, arc inseparable from conqueft. His attempt againft England was the laft great enterprife of the kind, which, during thecourfe of leven hundred years, has ful!y fucceeded in Europe ; and the force of his genius broke through thofe limits, which firft the feudal institutions, then the refined policy of princes, have fixed to the feveral ftates of Chrift- endom. Though he rendered himfelf infinitely odious to his Englifh fubje&s, he tranfmitted his power to his pofte- rity, and the throne is ftill rilled by his defendants : A proof, that the foundations which he laid were firm and Iblid, and that, amidlt all his violence, while he i eemed oniy to gratify the prefent paffion, he had ftill an eye to wards futurity. SOME writers have been defirousof refufing to this prince the title of Conqueror, in the fenfe which that term com monly bears; and, on pretence that the word is fometimes in old books applied to fuch as make an acquifition of ter^ ritory by any means, they are willing to reject William s title, by right of war, to the crown of England. It is needlefsto enter into a controverfy, which, by the terms of it, muft neceffarily degenerate into a difpute of words. It fuffices to fay, that the duke of Normandy s firft inva- fion of the ifland was hoftile; that his fubfequent adminif- tration was entirely fupported by arms; that in the very frame of his laws he made a diftinction between the Nor mans and the Englifh, to the advantage of the former f ; that he acted in every thing asabfolute mafter over the na tives, whofe intereft and affections he totally di/regarded ; and that if there was an interval when he afTumed the ap pearance of a legal fovcreign, the period was very fhort, and was nothing but a temporary facrifice, which he, as has been the cafe with moft conquerors, was obliged to make, of his inclination to his prefent policy. Scarce any of thofe revolutions, which, both in hiitory and in com-, mon language, have always been denominated conquefts, appear equally violent, or were attended with fo fuddefr an alteration both of power and property. The Rou>an flate, which fpread its dominion over Europe, left the rights of individuals in a great meaiure untouched ; and VOL. I. Ee * M. Weft. p. 230. Anglia Sacra, vol, i/p. 258. | Hoveden, p. 600. 210 HISTORY OF EN GLAND. CHAP, thofe civilized conquerors, while they made their own IV. country the feat of empire, found that they could draw v * moft advantage from the fubjefted provinces, by fecuring 1087. to the natives the free enjoyment of their own Jaws and of their private poffeffions. The barbarians, who fubdued the Roman empire, though they fettled in the conquered countries, yet being accuflomed to a rude uncultivated life, found a part only of the land fufficient to fupply all their wants ; and they were not templed to feize extenfive pof feffions, which they knew neither how to cultivate nor en joy. But the Normans and other foreigners, who followed the ftandard or" William, while they rmjde the vanquHhed kingdom the feat of government, were yet fo far advanced in arts as to be acquainted with the advantages of a laige property i and having totally fubdued the natives, they piifhed the rights ofconqueft (very extenhve in the eyes of av..riceand ambition, however narrow in thofe of reafon) to the utmoft extremity againft them. Except the former conquelt of England by the Saxons themfelve?, who were induced, by peculiar circumftances, to proceed even to the extermination of the natives, it would be difficult to find in all hiftory a revolution more definitive, or attended with a more complete fubjeclion of the ancient inhabitants. Contumely feems even to have been wantonly added to op- preffion*; and the natives were univerfally reduced to fuch a flate of meannefs and poverty, that the Englifh name be came a term of reproach ; and feverai generations elapfed berbre one family of Saxon pedigree was railed to any con- fiderable honours, or could fo much as attain the rank of baron of the realmf. Thefe fadls are fo apparent from the whole tenour of the Englifh hiftory, that none would have been tempted to deny or elude them, were they not heated by the controverfies of faction ; while one party was a bfurdly afraid of thofe abjurd confequences which they faw the other party inclined to draw from this event. But it is evident that the prefent rights and privileges of the people, who area mixture of Englifh and Normans, can never be aliecled by a tranfaclion, which paiTed (even hun dred years ago; and as all ancient authors^, who lived near eft ihetime, and beft knew the fiate of the country, unanimoufly fpeakof the Norman dominion as a conqueil * H. Hunt. p. 370. Erompton, p. oSo. t So late as the reign cf king Stephen, the ear] of Albemarle, Lcfore the battle of the fianriard, ad- dielJcd the Officers of his army in thefe teiuis, Proceres Angliee clarijfimi, & ge- tttre Normanni, &c, Rrompton, p. 1026. See farther, /-bbasRieval, p. 339, ^.c. Ail the barons and military men of England llili called themfelves Nor- nians. } See note [LJ t the end of the volume. WILLIAM THE CONQJJEROR. 211 by war and arms, no reafonablc man, from the fear of ima- CHAP, ginary conlequences, will ever be tempted to rejedt their IV. concurring and undoubted teftimony. , v / KING William had iflue, befides his three fons who Io8 7- furvived him, five daughters, to wit, (i.; Cicily, a nun in the monaftery of Fetohamp, afterwards abbefs in the holy Trinity at Caen, where {he died in 1127. (2.) Conftantia, married to Alan Fergant, earl of Brifanny. She died without iffue. (3.) Alice, contrarted to Harold. (4.) Adela, married to Stephen earl of Blois, by whom {he had four fons, William, Theobald, Henry, and Ste phen ; of whom the elder was neglected on account of the imbecility of his underflanding. (5.) Agatha, who died a virgin, but was betrothed to the king of Gallicia. She died on her journey thither, before {he joined her bride groom. ( 212 ) CHAP. V, WILLIAM R U F U S. Acctflion cf William Rufus Confpiracy againfl the. king Inva/ion of Normandy The Crufades Ac- quifition of Normandy Quarrel with Anftlm the primate Death and char ad er of William Rufus* CHAP "\X71LLIAM, firnamed Rufus, or the Red, from he y V V colour of his hair, had no fconer procured his fa- v _j ther s recommendatory letter to Lanfmnc the primate, than I0li7 . he haftened to take mcalures for fecuring to himfelf the .Accetiion government of England. Senfible that a deed fo unformal, am and fo little P re P ared > which violated Robert s right of primogeniture, might meet with great opposition, hetruft- ed entirely for fuccefs to his own celerity ; and having left St. Gervas, while William was breathing his lail, he ar rived in England before intelligence of his father s death had reached that kingdom*. Pretending orders from the king, he fecured the fortrefles of Dover, Pevenfey, and Haftings, whofe fituation rendered them of the greatcft im portance ; and he got poffeffion of the royal treafure at Winchefter, amounting to the (urn of fixty thoufand pounds, by which he hoped to encourage and incrcaie his partilansf. The primate, whpfe rank and reputation in the kingdom gave him great authority, had been entrufied with the care of his education, and had conferred on him the honour of knighthood^; and being connected with him by thefe ties, and probably deeming his pretenfions juft, declared that he would pay a willing obedience to the laft * W. Mftlmer. p. 120. M. Paris, p. 10. f Chron. Sax. p. 102. Brompton, p. 9^3. ^ W. Malmes. p. 120. M. Paris, p, io. J horn. Rudboiue, p. 263. W I L L I A M R U F U S. 213 will of the Conqueror, his friend and benefactor. Having CHAP. aiTembled fome bilhops, and fome of the principal nobility, V. he inftantly proceeded (o the ceremony of crowning the >/ new king*; and by this difpatch endeavoured to prevent l 8 7* all faction and refinance. At the fame time Robert, who had been already acknowledged iucceilor to Normandy, took peaceable poflcffion of that dutchy. BUT though this partition appeared to have been made Confpira- without any violence or oppofition, there remained in Eng- c ^ aga " lft laud many caufes of difcontent, which teemed to menace that kingdom with a fudden revolution. The barons, who generally poilelTed large eftatesboth in England and in Nor mandy, were uneafy at the feparat ion of thole territories ; fore- faw,that as it would be impoflibie for them to prelerve long their allegiance to two matters, they muft necelTarily refign either their ancient patrimony or their new acquifitionsf. Robert s title to the dutchy they efteemed inconteflable ; his claim to the kingdom plaufihle; and they all defired that this prince, who alone had any pretentious to unite thefe ftates, fhould be put in potTeffion of both. A com- parifon alfo of the perional qualities of the two brother^ led them to give the preference to the elder. The duke was brave, open, fincere, generous: Even his predomi nant faults, his extreme indolence and facility, were not difagreeable to thole haughty barons who affected inde pendence, and tubmitted with reluctance to a vigorous adminiftration in their ibvereign. The king, though equally brave, was violent, haughty, tyrannical, and teem ed difpofed to govern more by the fear than by the love of his fubjecls. Odo bifhop of Baieux, and Robert earl of Mortaigne, maternal brothers of the Conqueror, envying the great credit of Lanfranc, which was increafed by his lute tervices, enforced all thefe motives with their parti- fans, and engaged them in a formal confpiracy to dethrone the king. They communicated their defign to Euflace count of Bologne, Roger earl of Shrewftjury and Arun- del, Robert de Belefme, hiseldeft Ion, William bifhop of Durham, Robert de Moubray, Roger Bigod, Hugh de Grentmefnil; and theyeafily procured the aflent of thefe potent noblemen. The confpirators, retiring to their caf- tles, haftened to put themtelves in a military pofture; and expecting to be foon fupportcd by a powerful army from Normandy, they had already begun hoftilities in many places. THE king, fenfible of his perilous fituation, endeavour ed to engage the affections of the native Engiilh. As that Hoveden, p. 461. f Order. Vital!?, p, 666. 214 HISTORY OF ENGLAND. CHAP. peopJe were now fo thoroughly fubdued that they no Ion- V. ger afpired to the recovery of their ancient liberties, and * were content with the profpecl of feme mitigation in the 10S 7- tyranny of the Norman princes, they zealouily embraced William s caufe, upon receiving general promifes of ood treatment, and of enjoying; the licence of hunting in the royal forefts. The king was loon in a fituation to take the field ; and as he knew the danger of delay, he fuddenly marched into Kent; where his uncles hud already feized the fortred -s of Pevenfev and Rochefter. Thefe places he fuccedively reduced by famine ; and though he was prevailed on by the earl of Chefter, William de Warrenne, and Robert Fitz Hammon, who had embraced his caufe, to fpare the lives of the rebels, he confiscated ail their eftatea, and banifhed them the kingdom*. This fuc- cefs gave authority to his negociations with Roger earl of Shre vfbury, whom he detached from the confederates : And as his powerful fleet, joined to the indolent conduct of Robert, prevented the arrival of the Norman fuccours, all the other rebels found no refource but in flight or fub- midjon. Some of them received a pardon; but the great er part were attainted ; and the king bertowed their eftates on the Norman barons, who had remained faithful to him. 1089. WIILLIAM, freed from the danger of thefe infurreclions, took littlecare of fulfilling his promifes to the Englifh, who ftill found themfelres expcfed to the fame oppreffions which they had undergone during the reign of the Conqueror, and which were rather augmented by the violent impetuous temper of the prefent monarch. The death of Lanfranc, who retained great influence over him, gave foon after a full career to his tyranny ; and all orders of men found reafon to complain of an arbitrary and illegal adminiftra- tion. Even the privileges of the church, held facred in thole days, were a feeble rampart againft his ufurpations. He feized the temporalities of all the vacant bifhoprics and abbies; he delayed the appointing of lucceflbrs to thofe dignities, that he might the longer enjoy the profits of their revenue ; he beftowed fome of the church lands in pro perty on his captains and favourites; and he openly fetto fale fuch fees and abbies as he thought proper to difpofe of. Though the murmurs of the ecclefiaftics, which were quickly propagated to the nation, rofe high againft this grievance, the terror of William s authority, confirmed by the fuppreflion of the late infurreftions, retained every * Chron. Sax. p. 195. Order. Vital, p. 668. WILLIAM RUFUS. 213 one in fubjection, and preferved general tranquillity in CHAP. England. V - THE king even thought himfelf enabled to difturb his - - brother in the pofleffion of Normandy. The loofe and ; r .va ?onof negligent adminiftration of that prince had emboldened Normandy, the Norman barons to afFe<ft a great independency ; and their mutual quarrels and devaluations had rendered that whole territory a fcene of violence and outrage. Two of them, Walter and Odo, were bribed by VV 7 illiam to deliver the fortrefles of St. Valoriand Albemarlc into his hands? Others foon after imitated the example of revolt; while Phi lip, king of France, who ought to have protected his valTal in the pofleffion of his fief, was, after making feme efforts in his favour, engaged by large prelents to remain neuter. The duke had al(o realon to apprehend danger from the intrigues of his brother Elenry. This young prince, who had inherited nothing of his father s great poiieffions, but fome of his money, hid furnifhed Robert, while he was making his preparations againft England, with the turn of three thouland marks ; and, in return for fo llender a fup- ply, had been put in poffeffion of the Cotentin, which comprehended x near a third of the dutchy of Normandy. Robert afterwards, upon fome fufpicion, threw him into prifon; but finding himlelf cxpofed to invafion from the king of England, and dre.iding the conjunction of the two brothers a gai nil him, he now gave Henry his liberty, and even made ufe of his affiftafice in fupprefling the in- furrections of his rebellious fubjedls. Conan, a rih bur- gefsof Rouen, had entered into a conspiracy to deliver that city to William; but Henry, on the detection of his guilt, carried the traitor up to a high tower, and with his own hands flung him from the battlements. THE king appeared in Novnaandy at the head of an army ; and affairs feemed to have come to extremity be tween the brothers; when the nobility on both fides, ftrongly connected by intereft and alliances, interpofcd and mediated an accommodation. The chief advantage of this treaty accrued to William, who obtained poflefii- onof the territory of Eu, the towns of Aumalc, Fefcamp, and other places: But in return he promiled that he would aiM his bio her in fubduing Maine, which had rebelled; and that the Xorman barons, attainted in Robert s caufc, fhould be reftored to their eftates in England. The two brothers alfo ftipulated, that on the demife of either with out iffue, the furvivor fhoiild inherit all his dominions ; and twelve of the moft powerful barons on each fide fwore, that they would employ their power to infurc theeflct^ual ai6 HISTORY OF ENGLAND. CHAP, execution of the whole treaty * : A ftrong proof of the V great independence and authority of the nobles in thofe ^-j-^ ages! PRINCE Henry, difgufted that fo little care had been taken of hisinterefts in this accommodation, retired to St. Michael s Mount, a ftrong fortrefs on the coaft of Norman dy, and infefied the neighbourhood with his incurfions. Robertand Wiiliam, with their joint forces, befieged him in this place, and had nearly reduced him by the fcarcity of water ; when the elder, hearing of his dif- trefs, granted him permiffion to fupply himfelf, arid alfo fent him fome pipes of wine for his own table. Being re proved by William for this ill-timed gencrofity, he repli ed, What,Jhall IJuffer my brother to die of thirfl ? Where JJiall zue find another when he is gone ? The king alfo, du ring this liege, performed an a6t of generofity which was lefsfuitable to his character. Riding out one day alone, to take a furvey of the fortrefs, he was attacked by two fol- diers and dismounted. One of them drew his fword in order to difpatch him; when the king exclaimed, Hold, knave! 1 am the king of England. The foldier lufpended his blow; and raifing the king from the ground, with ex- preffions of refpett, received a handfome reward, and was taken into his lervice. Prince Henry was foon after oblig ed to capitulate; and being defpoiled of all his patrimony, wandered about for fome time with very few attendants, and often in great poverty. Jogl. ^p, * A* IT i 11 1 HE continued inteltme dncord among the barons was alone in that age deftruCtive : The public wars were com monly Ihort and feeble, produced little bloodfhed, and were attended with no memorable event. To this Norman war, which was fo foon concluded, there fucceeded hofti- lities with Scotland, which were not of longer duration. Robert here commanded his brother s army, and obliged 1*93. Malcolm toacceptof peace, and do homage to the crown of England. This peace was not more durable. Malcolm, two years after, levying an army, invaded England; and after ravaging Northumberland, he laid fiege to Alnwic, where a party of earl Moubray s troops failing upon him byfurprile, a fharp action enfued, in which Malcolm was ilain. This incident interrupted for fome years the regu lar fucceflion to the Scotiilh crown. Though Malcolm left legitimate fons, his brother Donald, on account of the youth of thefe princes, was advanced to the throne: but kept no long pofleflion of it. Duncan, natural fon of * Chron. Sax. p. 197. W. Malm. p. 121. Hoveden, p. 462. M. Paris, |>. n. Anna!. Waverl. p. 137. W. Heming. p. 463. Sim. Dunelm. j>, 9 1 6. Brompton, p. 986. W I L L I A i\l R U F U S. 217 Malcolm, formed a con fpi racy againft him; and being C H A P. allirted by William with a fmall force, made himielf mafter V. of the kingdom. New broils enlued with Normady. The v frank, open, remifs temper of Robert was ill fitted to 109j- withftand the interefted rapacious character of William, who, iupported by greater power, was ftill encroaching on his brother s potreffions, and instigating his turbulent ba rons to rebellion againll him. 1 he king, having gone 1094. over to Normandy to fupport his partifans, ordered an army of twenty thoufand men to be levied in England, and to be conducted to the fea-coaft, as if they were inftantly to be embarked. Here Ralph Flambard, the king s minifter, and the chief inftrument of his extortions, exacted ten fhillings a-piece from them, in lieu of their fervice, and then difmiffed them into their fever jl counties. This mo ney was fofkilfully employed by William, that it rendered him better fervice than he could have expected from the army. He engaged the French king by new prefents to depart from the protection of Robert; and he daily bribed the Norman barons todeiert his fervice: But was prevented from pufhing his advantages by an incurfion of the Welfli, which obliged him to return to England. He found no difficulty in repelling the enemy; but was not able to make any considerable impreffion on a country guarded by its 10 95- mountainous fituation. A confpiracy of his own barons, which was detected at this time, appeared a more ferious concern, and engrofTed all his attention. Kobert Mou- bray, eafl of Northumberland, w^s at the head of this combination ; and he engaged in it the count d lu, Richard de Tunbridge, Roger de Lacey, and many others. The purpofe of the conspirators was to dethrone the king, and to advance in his (lead Stephen, count of Aumale, nephew to the Conqueror. William s dilpatch prevented the de- fign from taking effect, and difconcerted the conlpirators. Moubray made Tome refinance ; but being taken prifoner, was attainted, and thrown into confinement, where he died I0 9 C - about thirty years after. The count d Eu denied his con currence in the plot ; and to juftify himfelf fought, in the prefencc of the court at Windfor, a duel with Geoffrey Bainard who acruled him. But being worfted in the com bat, be was condemned to be caftrated, and to have his eyes put out. William de Alderi, another confpirator, was fuppoied to be treated with more rigour when he was ien- tenced to bo hanged. BUT the nolle of thefe petty wars and commotions was T rtl > quite funk in the tumult of the crufadcs, which now en- : grafted the attention of Europe, and have ever fince en gaged the curiofity of mankind, as the molt fignaland moit VOL. I. F f 2i8 H ISTOR Y OF ENGL A N D. CHAP, durable monument of human folly that has yet appeared V. in any age or nation. After Mahomet had, by means of * >. his pretended revelations, united the difperfed Arabians 1006. under one head, they iffued forth from their deferts in great multitudes; and being animated with zeal for their new religion, and lupported by the vigour of their new govern ment, they made deep imprefnon on the eaftern empire, which was far in the decline, with regard both to military discipline and to civil policy. Jeruialem, by its (motion, became one of their mod early cotiquefts; and the Cbrifli- anshad the mortification to fee the holy fepuli-hre, and the other places, cpnfecrated by the prefence of their religious founder, fallen into the poffeffion of infidels. But the Arabians or Saracens were fo employed in military enter- prifes, by which they fpread their empire in a few years from the banks of the Ganges to the Streightsof Gibraltar, that they had no leifure for theological controverly : Aiid though the Alcoran, the original monument of their faith, feems to contain fome violent precepts, they were much lels infected with the Ipirit of bigotry and perfecution, than the indolent and fpeculative Greeks, TV ho were con tinually refining on the feveral articles of their religious fyfiem. They gave little difturbance to thofe zealous pil grims, who daily flocked to Terufalem; and they allowed every man, after paying a moderate tribiite, to vifit the holy fepulchre, to perform his religious duties, and to re turn in peace. But the Turcomans or Turks, a tribe of Tartars, who had embraced Mahomclanifm, having wref- ted Syiia from the Saracens, and having in the year 1065 made themfelvcs mafters of Jerusalem, rendered the pil grimage much more difficult arid dangerous to the Chrilti- ans. The barbarity of their manners, and the confufions attending their um ettled government, expofed the pilgrims to many infults, robberies, and extortions; and thele zea lots, returning from their meritorious fatigues and fufier- ings, filled all Chrifrendom with indignation again ft the infidels, who profaned the holy city by their prefence, and derided the fa red myfteries in the very place of their completion. Gregory Vll. among the other vaft ideas which he entertained, had formed the defign of uniting ail the weflcrn Chriftians againft the Mahometans ; but the egregiousand violent invafionsof that pontiff on the civil power of princes, had treated him fo many enemies, and had rendered his fehemcs fo fufpicious, that he was notable to make great progrefs in this undertaking. The work wasreferved for a meaner inflrument, whole low conditi on in life expofed him to no jealouly, and whofe folly was W I L L I A M R U F U S. 219 well calculated to coincide with the prevailing principles CHAP, of the times. V. PETER, commonly called the Hermit, a native of Ami- N / J ens in Picardy, had made the pilgrimage to Jerufalem. ic ^ * Being deeply affected with the dangers to which that act of piety now expoled the pilgrims, as well as with the in- ftances of oppredion under which the eafiern Chriltians laboured, he entertained the bold, and in ail appearance impracticable project of leading into Afia, from the fartheft extremities of the Weft, armies fufficient to fubdue thofe potent and warlike nations which now held the holy city in fubjection*. He propofed his views to Martin II. who filled the papal chair, and who, though fenfible of the ad vantages which the head of the Chriflian religion mud reap from a religious war, and though he efteemed the blind zeal of Peter a proper means for effecting the purpofef, rclolved not to interpofe his authority, till he faw a greater probability of fuccefs. He fummoned a council at Pla- centia, which confided of four thoufand ecclefiaftics, and thirty thoufand feculars ; and which was fo numerous that no hall could contain the multitude, and it was neccffary to hold the atTembly in a plain. The harangues of the Pope, and of Peter himfelf, representing the difmal fitu- ation of their brethren in the eaft, and the indignity fuf- fered by the Chriftian name, in allowing the holy city to remain in the hands of infidels, here found the minds of men fo well prepared, that the whole multitude fuddenly and violently declared for the war, and folemnly devoted themfelves to perform this fervice, fo meritorious as they believed it to God and religion. BUT though Italy feemed thus to have zealoufly embra ced tiic enterprife, Martin knew, that, in order to infurc fuccefs, it was neceflary toenlift the greater and more war like nations in the fame engagement ; and having previ- oufly exhorted Peter to vifit the chief cities and fovereigns of Chriflendom, he fummoned another council at Cler- mont in Auvergnc|. The fame of this great and pious de- fign, being now univerfally difr ufed, procured the atten dance of the greateft prelates, nobles, and princes ; and when the pope and the hermit renewed their pathetic ex hortations, the whole afJTembly, as if impelled by an im mediate irifpiration, not moved by their preceding impref- fions, exclaimed with one voice, // is the will of God, It is the will of God ! Words deemed io memorable, and fo * Gul. Tyrius, lib. i. cap. 11. M. Paris, p. 17. t Gul. Tyrius, lib. J. cap. 13. J Concil. torn. x. Cor.cil.Cidioin. Ma .th. Pans, p. 16. \I- Weft. p. 3.^3. 220 H I S T O R Y O F E N G L A N D. CHAP, much the refultof a divine influence, that they were em- V. ployed as the fignal of rendezvous and battle in all the v future exploits of thole adventurers*. Men of all ranks 1096. flew to arms with the utmcft ardour ; and an exterior fym- bol too, a circumftance of chief moment, was here choferi by the devoted combatants. The fign of the crofs, which had been hitherto io much revered among Chriftians, and which, the more it was an object of reproach among the Pagan world, was the more pafiionately cherilhed by them, became the badge of union, and was affixed to their right fhoulder, by all who enlifted themfelves in this facred war fare f. EUROPE was at this time funk into profound ignorance and iuperflition: The ecclefiattics had acquired the great- eft aicendant over the human mind: The people, who> being little retrained by honour, and lefs by law, aban doned themfelves to the worft crimes and diiorders, knew of no other expiation than the obfervances impofed on them by their fpiritual paftors : And it was eafy to repre- fent the holy war as an equivalent for all penances J, and an atonement for every violation of juftice and humanity. But, amidft the abject fuperftition which now prevailed, the military fpirit alio had univerfally dirFufed itfelf ; and though not fupported by art or difcipline, was become the general paffion of the nations governed by the feudal law. All the great Jords potTeffed the right of peace and war : They were engaged in perpetual hoftilities with each other : The open country was become a fcene of outrage and diforder : The cities, ftill mean and poor, were neither guarded by walls nor protected by privileges, and were expoled to every intuit : Individuals were obliged to de pend for fafety on their own force, or their private allian ces: And valour was the only excellence which was held in efteem, or gave one man the pre-eminence above ano ther. When all the particular luperftitions, therefore, were here united in one great objedt., the ardour for mili tary enterprises took the fame direction ; and Europe, im pelled by its two ruling paffions, was loofened, as it were, from its foundations, and feemed to precipitate itfelf in one united body upon the eaft. ALL orders of men, deeming the crufades the only road to heaven, enlifled themfelves under thefe facred banners, and were impatient to open the way with their fword to (he holy city. Nobles, artifans, peafants, even piiefisll, inrolled their names ; and to decline this meritorious ier- * Hiftoria Bell. Sacri, torn. i. Mufasi Ital. f Hift. Bell. Sacri, torn. i. Muf. Ital, Order. Vital, p. 721. 4 OidtT, Viui. p. 720, || Ibid. WILLIAM RUFUS. 221 vice was branded with the reproach of impiety, or what CHAP, perhaps was efteemed ftill more difgraceful, of cowardice V. and pufillanimity*. The infirm and aged contributed to * , the expedition by prefents and money ; and many of them, I0 9 6 not fatisfied with the merit of this atonement, attended it in perfon, and were determined, if poffiblc, to breathe their laft in fight of that city where their Saviour had died for them. Women themfelves, concealing their fex under the difguife of armour, attended the camp ; and commonly forgot ftill more the duty of the fex, by profiituting them felves, without refervc, to the armyf. The greateft cri minals were forward in a fervice, which they regarded as a propitiation for all crimes; and the moft enormous diforders were, during the courfe of thofe expeditions, committed by men enured to wickednefs, encouraged by example, and impelled by necefiity. The multitude of the adventurers foon became fo great, that their more faga- cious leaders, Hugh count of Vermandois, brother to the French king, Raymond count of Touloufe, Godfrey of Bouillon prince of Brabant, and Stephen count of BloisJ, became apprehenfive left the greatnefs itfelf of the arma ment {hould difappoint its purpofe; and they permitted an undifciplined multitude, computed at 300,000 men, to go before them, under the command of Peter the Hermit and Walter the Money lefs||. Thefe men took the road to wards Conftantinople through Hungary and Bulgaria ; and trufting that Heaven, by fupernatural afliftance, would fupply all their neceflities, they made no provifion forfub- fiftence on their march. They foon found themfelvea obliged to obtain by plunder, what they had vainly expec ted from miracles; and the enraged inhabitants of the coun tries through which they palled, gathering together in arms, attacked the diforderly multitude, and put them to (laughter without refiftance. The more difciplined armies followed after; and pafllng the ftreights at Conftantinople, they were muftered in the plains of Alia, and amounted in the whole to the number of 700,000 combatants**. AMIDST this univerfal frenzy, which fpread itfelf by contagion throughout Europe, efpecially in France and Germany, men were not entirely forgetful of their prefent interefts; and both thofe who went on this expedition, and thofe who ftayed behind, entertained fchcmes of gratify ing, by its means, their avarice or their ambition. The nobles who enlifted themfelves were moved, from the ro mantic fpiritof the age, to hope for opulent eftablifhments * \V. Malm. p. 133. t Vertot Hift. de Chev. de Malte, vol. I. p. 46. + Sim. Dunelra. p. 22e. [j Matth. Paris, p- 17* ** Mauh. Paris, p. 20, 21. *22 HISTORY OF ENGLAND. CHAP, in the eaft, the chief feat of arts ?nd commerce during V. thofe ages ; and in purfuit of thefe chimerical projects , v ^ they fold at the loweft price their ancient caftles and in heritances, which had now loft all value in their eyes. The greater princes, who remained at home, befides efta- blifliing peace in their dominions by giving occupation abroad to the inquietude and martial difpofition of their fubjecls, took the opportunity of annexing to their crown many confiderable fiefs, either by purchafe, or by the ex tinction of heirs. The pope frequently turned the zeal of the crufades from the infidels againft his own enemies whom he reprefented as equally criminal with the enemies of Chrift. The convents and other religious focieties bought the pofleflions of the adventurers; and as the con tributions of the faithful were commonly entrufted to their management, they often diverted to this purpofe what was intended to be employed againft the infidels*. But no one was a more immediate gainer by this epidemic fury than the king of England, who kept aloof from all con nexions with thofe fanatical and romantic warriors. Acquifition ROBERT duke of Normandy, impelled by the bravery of Mannn- an( j rn jf} a k en generofity of his fpirit, had early enlifted himfelf in the crufade ; but being always unprovided with money, he found that it would be impracticable for him to appear in a manner fuitable to his rank and fiation at the head of his numerous vaflals and fubjedts, who, tranfport- ed with the general rage, were determined to follow him inlo Afia. He refolved, therefore, to mortage, or rather to fell his dominions, which he had not talents to govern ; and he offered them to his brother William, for the very unequal fum of ten thouland marks f. The bargain was foon concluded : The king railed the money by violent extortions on his (ubjedts of all ranks, even on the con vents, who were obliged to melt their plate in order to furnUh the qjota demanded of themj: He was put in pof- felfion of Normandy and Maine, and Robert, providing himfelf with a magnificent train, fet out for the Holy Land, in purfuit of glory, and in full confidence of fecuring his eternal lalvation. THE fmallnefsof this fum, with the difficulties which William found in railing it, fuffices alone to refute the ac count which is heedlefsly adopted by hiftorians, of the en ormous revenue of the Conqueror. Is it credible, that * Padre Paolo Hift. delle benef. ecclefiaft. p. 128. f W. Malm. p. 123. Chron. T. Wvkes, p. 24. Annal. Waverl. p. 139. W. Heining. p. 467. Flor. Wig. p. 648. Sim. Dunelm. p. 222. Knygh- fon, p. 2j j4 t Eadmer. p. 35. W. Malm. p. 123. \V. Hemlng. p. 467. W I L L I A M R U F U S. 223 Robert would confign to the rapacious hands of his brother CHAP, fuch confiderable dominions, for a fum, which, according Y to that account, made not a week s income of his father s v " Englifh revenue alone? Or that the king of England could not on demand, without oppreffing his fubjects, have been able to pay him the money ? The Conqueror, it is agreed, was frugal as well as rapacious; yet his treafire, at his death exceeded not 60,000 pounds, which hardly amount ed to his income for two months: Another certain refuta tion of that exaggerated account. THE fury of the crufades, during this age, lefs infefled England than the neighbouring kingdoms ; probably be- cauie the Norman conquerors, finding their lettlement in that kingdom fliil lomewhat precarious, durft not abandon their homes in queft of dirtant adventures. The felfifh interefted Ipirit alfo of the king, which kept him from kin dling in the general flame, checked its progrefs among his fubje&s ; and as he is accufedof open profanenefs*, and was endued with a fharpwitf, it is likely that he made the ro mantic chivalry of the crufaders the object of his perpetual raillery. As an infbnce of his irreligion, we are told, that he once accepted of fixty marks from a Jew,whofe Ton had been converted to Chriftianity, and who engaged him by that prefent to affift him in bringing back the youth to Judaiirn. William employed both menaces and perfua- fion for that purpofe ; but finding the convert obftinate in his new faith, he lent for the father and told him, th.it as he had not fucceedcd, it was not juft that he Ihould keep the prefent ; but as he had done his utmoft, it was but equi table that he fhould be paid for his pains ; and he would therefore retain only thirty marks of the moneyj. At another time, it is faid, he fent .for fome learned Chriftian theologians and fome rabbles, and bade them fjirlv difpute the queftion of their religion in his prefence : He was per fectly indifferent between them; had his ears open to rea- lon and convic/tion; and would embrace that doctrine which upon comparifon fhould be found fupported by the nioft folid arguments ||. If this (lory be true, it is probable that he meant only to amufe himfelf by turning both into ridicule : But we muft be cautious of admitting every thing related by the monkilh hiftoiiansto the difadvantage of this prince: He had the misfortune to be engaged in quarrels with the ecclefiaftics, particularly with Anielm, commonly called St. Anielm, archbifhop of Canterbury ; and it is * G. Nev.br. p. 358. \V. Gemet. p. 292. | W. Malm. p. 122. i Eadmer, p. 47. |j \V. Malm. p. I2j. 224 HISTORY OF ENGLAND. CHAP, no wonder his memory fhould be blackened by the hiftori- V. ans of that order. x x AFTER the death of Lanfranc, the king for feveral years icq6. retained in his own hands the revenues of Canterbury, as ^"An- hedid thole of many other vacant bifhoprics; but falling felm, the info a dangerous ficknefs, he was feized with remorfe,and primate. j^g c l er gy reprefented to him, that he wa^ in danger of eternal perdition, if before his death he did not make atonement for thofe multiplied impieties and facrileges, of which he had been guilty*. He refolved therefore to fup- pty inftantly the vacancy of Canterbury; and for that pur- pofe he fent for Anfelm, a Piedmontefe by birth, abbot of Bee in Normandy, who was much celebrated for his learn ing and piety. The abbot earneftly refufed the dignity, fell on his knees, wept, and entreated the king to change his purpofef ; and when he found the prince obftinate in forcing the paftoral ftafF upon him, he kept his fifi fo faft clenched, that it required the utmoft violence ot the byftan- ders to open it, and force him to receive that enfign of fpiritual dignity!- William foon after recovered ; and his paffions regaining their wonted vigour, he returned to his former violence and rapine. He detained in prifon leveral perfons whom he had ordered to be freed during the time of his penitence; he ftiil preyed upon the eccle- fiaftical benefices; the fale of fpiritual dignities continued as open as ever ; and he kept poffeffion of a confiderable part of the revenues belonging to the fee of Canterburyll. But he found in Anfeim that perfevering oppofition, which he had reafon to expect from the oftentatious humility which that prelate had difplayed in refufing his promotion. THE oppofition made by Anfelm was the more dange rous on account of the crura&er of piety which he foon acquired in England, by his great zeal againft all abiifes, particularly thofe in drefs and ornament. There was a mode, which, in that age, prevailed throughout Europe, botli among men and women, to give an enormous length to their, fhoes, to draw the toe to a fharp point, and to affix to it the figure of a bird s bill, or fome fuch ornament, which was turned upwards, and which was often fuftained by gold or filver chains tied to the knee* *. The eccle- fiaflics took exception at this ornament, which, they fa id, wasan attempt to bely the Scripture, where it is affirmed, * Eadmer, p. 16. Chron, Sax. p. 198. f F.admer, p. 17. Diccto, p. 404. $ Eadmer, p. 18. \\ Eadmer, p. 19. 43. Chion. .Sax. p. 199. * * Order. Vital, p. 682. VV. Malmef. p. 123. Knyghton, p. 2369. W I L L I A M R U F U S. 225 that no man can add a cubit to his ftature ; and they de- CHAP, claimed againft it with great vehemence, nay aflembled V. fomefynods, who abiolutely condemned it. But, iuch are v >> the ftrange contradictions in human nature ! though the 10 9 6> clergy, at that time, could overturn thrones, and had au thority fufficient to fend above a million of men on their errand to the deferts of Afia, they could never prevail againft thefe long-pointed fhoes: On the contrary, that caprice, contrary to all other modes, maintained its ground during feveral centuries; and if the clergy had not at laft defifled from their pertecution of it, it might ftill have been the prevailing fafhion in Europe. Bur Anfelm was more fortunate in decrying the parti cular mode which was the object of hisaverfion, and which probably had not taken fuch fad hold of the affections of the people. He preached zealoufly againfl the long hair and curled locks which were then fafiiionable among the courtiers; he refuted the alhes on Afh Wednefday to thole who were fo accoutred ; and his authority and eloquence had iuch influence, that the young men univerfally aban doned that ornament, and appeared in the cropt hair, which was recommended to them by the fermons of the primate. The noted hiftorianof Anfelm, who was alfo his compani on and fecretary, celebrates highly the effort of his zeal and piety*. WHEN William s profanenefs therefore returned to him with his health, he was loon engaged in controverfies with this auftere prelate. There was at that time a fchifm in the church between Urban and Clement, who both pre tended to the papacyf; and Anfelm, who, as abbot of Bee, had already acknowledged the former, was determi ned, without the king s confent, to introduce his autho rity into England^. William, who, imitating his father s example, had prohibited his fubje&sfrom recognizing any pope whom he had not previoully received, was enraged at this attempt ; and fummoned a fynod at Rockingham, with an intention of depofmg Anfelm : But the prelate s iuffragans declared, that, without the papal authority, they knew of no expedient for inflicting that punifhment on their primate !|. The king was at lafi engaged by other motives to give the preference to Urban s title ; Anfelm, received the pall from that pontiff; and matters feemed to be accommodated between the king and the primate**, when the quarrel broke out afrefh from a new caufe. Wil- VOL. 1. Gg * Eadmer. p. 23, f Hoveden, p. 463. JEafimer, p. 20. M. Paris, j . 13, Diceto, p. 494. Spelm. Cepc. vol. ii. p. 16. - .nrr, p. 30. * Diceto, p. 495. 226 H I S T O R Y O F E N G L A N D. CHAP, liam had undertaken an expedition againft Wales, and re- V. quired the archbifhop to furnifh his ^quota of foldiers for that fervice ; but Anfelm, who regarded the demand as an oppreffion on the church, and yet durft not refufe com pliance, fent them fo miferably accoutred, that the king was extremely difpleafed, and threatened him with a pro- fecution*. Anfelm, on the other hand, demanded pofi- tively that all the revenues of his fee (hould be reftored to him ; appealed to Rome againft the king s injufticef ; and affairs came to fuch extremities, that the primate, finding it dangerous to remain in the kingdom, defired and obtain ed the king s pertniflion to retire beyond fea. All his tem poralities weie feixedj; but he was received with great refpect by Urban, who confidered him as a martyr in the caufeof religion, and even menaced the king, on account of his proceedings againft the primate and the church, with the lenience of excommunication. Anfelm affifted at the council of Bari, where, befides fixing the controverfy be tween the Greek and Latin churches concerning the pro- ceflion of the Holy Ghcft||, the right of election to church preferments was declared to belong to the clergy alone, and fpiritual ceniures were denounced againft all ecclefiaftics who did homage to laymen for their fees or benefices, and againft all laymen who exacted it* *. The rite of homage, by the feudal cuftoms, was, that the vaflal fhould throw himfclf on his knees, fhould put his joined hands between thole of his fuperior, and fhould in that pofture Avear feal ty tohimff. But the council declared it execrable, that pure hands, which could create God, and could offer him up as a facnfice for the falvation of mankind, Ihould be put, after this humiliating manner, between profane hands which, befides being inured to rapine and bloodfhed, were employed day and night in impure purpofes and obfcene tontadsjj. Such were the reafonings prevalent in that age; reafonings which, though they cannot be parted over in filence, without omitting the tnoft curious, and, per haps, not the leaft inftruclive part of hiftory, can fcarcely be delivered with the requifite decency and gravity. THE cedion of Normandy and Maine by duke Robert increafed the king s territories; but brought him no great increafe of power, becaufe of the unfettled ftate of fhofe countries, the mutinous difpofition of the barons, and the vicinity of the French king, who fupported them in all * Eadmer, p. 37. 43. f Ibid. p. 40. + M. Paris, p. ij. Parker, p. 17?. || Eadmer, p. 49. M. Paris, p. 13. Sim. Dun. p. 244- ** M. Paris, p. 14. ft Speiman, Du Cange. in verb. Homagium., +t W. Heming, p. 467. Flor. Wigorn. p. (49. Sim, Dunelm. p. 224. Erompton, p. 994. WILLIAM RUFUS. 227 their infurreftions. Even Helic, lord of la Fleche,a fmall C H A P. town in Anjou, was able to give him inquietude; and this V. great monarch was obliged to make leveral expeditions ^ v abroad, without being able to prevail over fo petty a baron, I0 97- who had acquired the confidence and affections of the in habitants of Maine. He was, however, fo fortunate, as at lafl to take him prifoner in a rencounter ; but having re- leafed him, at the interceffion of the French king and the count of Anjou, he found the province of Maine ftill ex- pofed to his intrigues and incurfions. Helie, being intro duced by the citizens into the town of Mans, befieged the garrifon in the citadel : William, who was hunting In the new foreft, when he received intelligence of this hoftile attempt, was fo provoked, that he immediately turned his I0g9f horie, and galloped to the fea-fhore at Dartmouth ; declar ing, th.it he would not ftop a moment till he had taken ven geance for the offence. He found the weather lo cloudy and tempeftuous, that the mariners thought it dangerous to put to lea : But the king hurried on board, and ordered them to fet fail inftantly ; telling them, that they never yet heard of a king that was drowned*. By this vigour and celerity, he delivered the citadel of Mans from its prefent danger, and purfuing Helie into his own territories, he laid fiege to Majol, a fmall caftle in thofe parts: But a wound, which he received before this place, obliged him to raife the fiege; and he returned to England. THE weaknefs of the greatelt monarchs, during this age, in their military expeditions againft their neareft neighbours, appears the more furpriling, when we confi- der the prodigious numbers, which even petty princes, leconding the enthufiaftic rage of the people, were able toaiTemble, and to conduct in dangerous enterprifes to the remote provinces of Afia. William, earl of Poitiers and duke of Guienne, inflamed with the glory, and not difcou- raged by the misfortunes, which had attended the former adventurers in the crufades, had puthimfelf at the head of an immenfe multitude, computed by fome hiftorians to amount to 60,000 horfe, and a much greater number of footf, and he ptirpoled to lead them into the Holy Land agaiuft the infidels. He wanted money to forward the pre-* parations requifite for this expedition, and he offered to mortgage all his dominions to William, without entertain ing any fcruple on account of that rapacious and iniqui-s tons hand, to which he refolved to confign them J. The king accepted trie offer; and had prepared a fleet and an * W. M^lin. p, 12.]. H. Hunt. p. 378. M. Paris, p. 36. Ypo l. \euft, p. 44?. t Vv - Malm. p. 140. 1 IR - !>> <;r;k i Yual, ! 7^9> to amoun to 300,000 men. J U . M<iiiii-f. p. 127. 228 HISTORY OF ENGLAND. CHAP, anriy. in order to efcort the money, and take poffeflion V- of the rich provinces of Guienne and Poictou ; when an accident put an end to his life, and to all his ambitious pro jects, lie was engaged in hunting, the fole amufement and indeed the chief occupation of princes in thele rude times, when fociety was little cultivated, and the arts af forded few objects worthy of attention. Walter Tyrrel, a French gentleman, remarkable for his addrefs in archery, a tended him in this recreation of which the new foreft was the fcene ; and as William had diimounted after a chafe, Tyrrel, impatient to fhow his dexterity, let fly an arrow at a ftag, which fuddenly ftarted before him. The arrow, glancing from a tree, ftruck the king in the breaft, and inftantly Hew him*; while Tyrrel, without informing Death any one of the accident, put fpurs to his horfe, haftened to the fea fhore, embarked for France, and joined the crufade in an expedition to Jerufalem ; a penance which he impofed on himfelf for this involuntary crime. The body of Wil liam was found in the forefi 1 by the country-people, and was buried without any pomp or ceremony at Winchefter. His courtiers were negligent in performing the laft duties to a mafter who was fo little beloved ; and every one was too much occupied in the interefting object of fixing his fucceffor, to attend the funeral of a dead lovereign. THE memory of this monarch is tranfmitted to us with ladet rf little advantage by the churchmen, whom he had offended ; William and though we may fufpect, in general, that their account Rums. o f his vices is fouiewhat exaggerated, his conduct affords little reafon for eontradiftingthe character which they have afligned him, or for attributing to him any very eftimable qualities. He feems to have been a violent and tyrannical prince; a perfidious, encroaching, and dangerous neigh bour; an unkind and ungenerous relation. He was equally prodigal and rapacious in the management of his treaiury ; and if he poflefled abilities, he lay io much under the go vernment of impetuous paflions, that he made little ufe of them in his :idminiftration ; and he indulged, without re- ferve, that domineering policy which fuited his temper, and which, if fupported, as it was in him, with courage and vigour, proves often more luccefsful in dilorderly times, than the dcepeft forefight and moft refined artifice. The monuments which remain of this prince in Eng land, are the Tower, Weft minder- hall, and London- bridge, which he built. The moft laudable foreign en- terprife which he undertook, was the fending of Edgar * W. Ma .m. p. 126. H. Hunt. p. 378. M. Paris, p. 37. Petr. Blefs. p. no. W I L L I A M R U F U S. 229 Atheling three years before his death, into Scotland with CHAP, a fmall army, to reftore prince Edgar, the true heir of that V. kingdom, fon of Malcolm, and of Margaret, filler of Ed- * ^ gar Atheling; and the enterprife proved fuccefsful. It IIO * was remarked in that age, that Richard, an elder brother of William s, perifhed by an accident in the new foreft j Richard, his nephew, natural fon of duke Robert, loft his life in the fame place, after the fame manner : And all men upon the king s fate, exclaimed, that, as the Conque ror had been guiltv of extreme violence, in expelling all the inhabitants of that large dittrict to make room for his game, the juft vengeance of heaven was fignalized, in the fame place, by the Daughter of his poflerity. William was killed in the thirteenth year of his reign, and about the fortieth of his age. As he was never married, he left no legitimate iflue. IN the eleventh year of their reign, Magnus, king of Norway, made a defcent on the ifle of Anglefea ; but was repulfed by Hugh, earl of Shrewfbury. This is the lafl attempt made by the northern nations upon England. That reftlefs people feem about this time to have learned the praftice of tillage, which thenceforth kept them at home, and freed the other nations of Europe from the devaflations fpread over them by thofe piratical invaders. This proved one great caufe of the fubfequent fettlement and improve ment of the fouthern nations. C H A P. VL HENRY I. The Cnifadef AcceJJion of Henry Marriage of the king Invajion by duke Robert Accommodation zoith Robert Attack of Normandy Conqueft of Normandy Continuation of the quarrel with Anfelm* the primate Compromise with him Wars abroad Death of prince William King s fecond marri age Death and character of Henry* r H A P A FTER the adventurers in the holy war were afTem- VI X bled on the banks of the Bofphotus,oppofite to Con- ftantinople, they proceeded on their enterprife ; but im mediately experienced thofe difficulties which their zeal had hitherto concealed from them, and for which, even if they had forefeen them, it would have beenalmoft impof- fible to provide a remedy. The Greek emperor, Alexis Coinnenus, who had applied to the Weftern Chriftians for fuccour againft the Turks, entertained hopes, and thofe but feeble ones, of obtaining fuch a moderate fupply, as, ailing under his command, might enable him to repulfe the enemy : But he was extremely aftonifhed to fee his dominions overwhelmed, on a fudden,by fuchan inunda tion ot licentious barbarians, who, though they pretended friendfhip, defpifed his fubjecls as unwarlike and dctefled them as heretical. By all the arts of policy, in which he excelled, he endeavoured to divert the torrent ; but while he employed profeffions, careffes, civilities, and feerning Cervices towards the leaders of the crufade, he lecretly re garded thofe imperious allies as more dangerous than the open enemies by whom his empire had been formerly inva ded. Having effected that difficult point of difembarking HENRY I. 231 them fafely in Afia, he entered into a private correfpon- CHAP, dence wilh Soliman, emperor of the Turks ; and pra&ifed VI. every infidious art, which his genius, his power, or his v -* fituation enabled him to employ, for difappomting the en- terprife, and difcouraging the Latins from making thence forward any fuch prodigious migrations. His dangerous policy wa> feconded by the diforders infeparable from fo vaft a multitude, who were not united under one head, and were conducted by leaders of the moft independent intrac table fpirit, unacquainted with military difcipline, and de termined enemies to civil authority and lubmiffion. The fcarcity of provifions, the excefles of fatigue, the influence of unknown climates, joined to the want of concert in their operations, and to the iword of a warlike enemy, de- ftroyedthe adventurersby thoufands,and would haveabated the ardour of men impelled to war by lefs powerful motives. Their zeal however, their bravery, and their irrefiftible force ftill carried them forward, and continually advanced them to the great end of their enterprife. After an obfli- nate fiege, they took Nice, the feat of the Turkilh em pire; they defeated Soliman in two great battles; they made themfelves mafiers of Antioch; and entirely broke the force of the Turks, who had to long retained thofc countries in fubjedtion. The foldan of Egypt, whofe al liance they had hitherto courted, recovered, on the fall of the Turkifh power, his former authority in Jerufalem ; and he informed them by his ambaffadors, that if they came difarmed to that city, they might now perform their reli gious vows, and that all Chriftian pilgrims, who fliould thenceforth vifitthe holy fepulchre, might expe6l the fame good treatment which they had ever received from his pre- de.eflbrs. The offer was rejected ; the foldan was requir ed to yield up the city to the ChrifHans; and on his refufal, the champions of the crofs advanced to the fiege of Jeru falem, which they regarded as the confummation of their labours. By the detachments which they had made, and the difafters which they had undergone, they were dimi- nilhed to the number of twenty thoufand foot and fifteen hundred horfe; but thefe were flill formidable, from their valour, their experience, and the obedience which, from paft calamities, they had learned to pay to their leaders. After a fiege of five weeks, they took Jerufalem by aflault; and, impelled by a mixture of military and religious rage, they put the numerous garrifon and inhabitantsto the fword without diftinilion. Neither arms defended the valiant, nor fubmiflion the timorous: No age or fex was fpared : Infants on the bread were pierced by the fame blow with their mothers, who implored for mercy: Even a multitude, 232 HISTORY OF ENGLAND. C H A P. to the number of ten thoufand perfons, who had furrender- VI, edthemlelves prifoners, and were promifed quarter, were v- butchered in cool blood by thofe ferocious conquerors * iioo. The ftreets of Jerufalem weie covered with dead bodiesf; and the triumphant warriors, after every enemy was fub- dued and ilaughtered, immediately turned themfelves, with the fentiments of humiliation and contrition, towards the holy fepulchre. They threw afide their arms, ftill flream- ingwith blood : They advanced with reclined bodies, and naked feet and heads, to that facred monument: They fung anthems to their Saviour, who had there purchafed their lalvation by his death and agony : And their devoti on, en lived by the prefence of the place where he had fuffered, Ib overcame their fury, that they diffolved in tears, and bore the appearance of every loft and tender fentiment. So inconfiflent is human nature with itfelf! And fo eafily does the mod effeminate fuperflition ally, both with the moil heroic courage and with the fierceft bar barity ! THIS great event happened on the fifth of July in the laft year of the eleventh century. The Chriftian princes and nobles, after chufing Godfrey of Bouillion king of Jerulalem, began to fettle themfelves in their new con- quefts; while lome of them returned to Europe, in order to enjoy at home that glory, which their valour had acquir ed them in this popular and meritorious enterprife. A- inong thafc was Robert duke of Normandy, who, as he had relinquilhed the greateft dominions of any prince that attended the crufade, had all along diftinguifhed himfelf by the mod intrepid courage, as well as by that affable dif- pofition and unbounded generofity, which gain the hearts of (oldiers, and qualify a prince to fhine in a military life. In palling through Italy, he became acquainted with Si- bylly daughter of the count of Gonverlana, a young lady of great beauty and merit, whom he efpoufed : Indulging himielf in this new paffion, as well as fond of enjoying eafe and pleafure, after the fatigues of fo many rough campaigns, he lingered a twelvemonth in that delicious climate; and though his friends in the north looked every moment for his arrival, none of them knew when they could with certainty expett it. By this delay he loft the kingdom of England, which the great fame he had acquir ed during the crulades, as well as his undoubted title, both by birth and by the preceding agreement with his deceafed brother, would, had he been prcfent, have infallibly fe- cured to him. * Vertot, vol. i. p. 57. t M. Paris, p. 3^. Older. Vital, p. 756. Bieeto, p. 498. II E N R Y I. 233 PRINCE Henry was hunting with Rufus in the hew fo- C H A P. reft, when intelligence of that monarch s death was brought VI. him; and being lenfible of the advantage attending the v - * conjuncture, he hurried to Winchetter, in order to lecure 1IO - the royal treasure, which he knew to be a necellarv imple- Acceffion r r -.- i j r i TTIJ of Henry. ment for facilitating his dehgns on the crown. He had fcarcely reached the place when William de Breteuil, keeper of the treafuie, arrived, and oppofed himfelf to Henry s pretenfions. This nobleman, who had been en gaged in the lame party of hunting, had no looner heard of his matter s death, than he battened to take care of his charge : and he told the prince, that this treafure, as well as the crown, belonged to his elder brother, who was now his fovereign ; and that he himfelf, for his part, was de termined, in fpite of all other pretenfions, to maintain his allegiance to him. But Henry, drawing his Iword, threa tened him with inttant death if he dared to difobey him ; and as others of the late king s retinue, who came every moment to Winchetter, joined the prince s party, Breteuil was obliged to withdraw his opposition, and to acquiefce in this violence*. HENRY, without lofinga moment, battened with the mo ney to London; and having aflembled ibme noblemen and prelates, whom his addrefs, or abilities, or prefents, gained to his fide, he was Suddenly elected, or rather laluted king ; and immediately proceeded to the exercifeof royalauthority. In lefs than three days after his brother s death, the cere mony of his coronation was performed by Maurice bilhop of London, who was nerfuaded to ofHciateonthat occafionf; and thus, by his courage and celerity, he intruded himfelf into the vacant throne. No one had fufficient Ipirit or fcnfe of duty to appear in defence of the abfent prince : All men were feduced or intimidated : Prefent pofleffion lupplied the apparent defects in Henry s title, which was indeed founded on plain ufurpation : And the barons, as veil as the people, acquiefced in a claim, which, though it could neither be juttified nor comprehended, could now, they found, be oppoied through the perils alone of civil war and rebellion. BUT as Henry forefawthat a crown, ufurped againft all rules of juftice, would fit unfteady on hishead, he reiolved by fair profcffions at lead, to gain the affections of all his fubjects. Befides taking the ufual coronation-oath to main- VOL. I. II h Order. Vital, p. 782. f Chron. Sax. p. 2;3. Order. Vital, p. 783. 234 HISTORY OF ENGLAND. CHAP, tain the laws and execute juftice,he paffed a charter, which VI. was calculated to remedy many of the grievous oppreffions * j which had been complained of during the reigns of his MOO. father and brother*. He there promifed, that, at the death of any bifhop or abbot, he never would feize the revenues of the fee or abbey during the vacancy, but would leave the whole to be reaped by the fucceflbr ; and that he would never let to farm any ecclefiaftical benefice, nor difpofe of it for money. After this conceffion to the church, whofe favour was of fo great importance, he proceeded to enume rate the civil grievances which he purpofed to red re fs. He promifed that, upon the death of any earl, baron, or mili tary tenant, his heir fhould be adiv-itted to the poffeffion of his eftate, on paying a juft and lawful relief; without being expofed to fuch violent exactions as had been ufual du ring the late reigns: He remitted the wardfhip of minors, and allowed guardians to be appointed, who fhould be aniwerabie for the truft : He promifed not to difpoie of any heirefs in marriage, but by the advice of all the barons; and if any baron intended to give his daughter, filler, niece, or kinfwoman in marriage, it fhould only be necef- lary for him.to confuit the king, who promifed to take no money for his content, nor ever to refufe permiffion, unlefs the perfon, to whom it was purpofed to marry her, fhould happen to be his enemy : He granted his barons and mili tary tenants the power of bequeathing, by will, their mo ney or perfonal efiates; and if they neglecled to make a will, he promifed that their heirs fhould fuccced to them : He renounced the right of impofing moneyage, and of JevA ing taxes at pleafure on the farms which the barons retained in their own handsf : He made fome general pro- fefiions of moderating fines; he offered a pardon for all offences: and he remitted all debts due to the crown: He required that the vailals of the barons fhould enjoy the fame privilege ;-, which he granted to his own barons; and he promifed a general confirmation and obfervance of the laws of king Edward. This is the fubftance of the chief arti cles contained in that famous charter $. To give greater authenticity to thefe conceffions, Hen ry lodged a copy of his charter in fome abbey of each coun ty ; as if defirous that it ihould be expofed to the view of all his fubjets, and remain a perpetual rule for the limita tion and direction of his government : Yet it is certain that, after the prefent purpofe was ferved, he never once thought, during his reign, of obferving one fingle article * Chron. Sax. p. 208. Sim. Dunelm. p. 225. fSee Appendix II. J Mauh. Paris, p. 38. Hovcden.p. 468. Brompton, p. 1021. HaguliUd, HENRY I. of it ; and the whole fell fo much into neglect and oblivi- on, that, in the following century, when the barons, who had heard an obfcure tradition of it, defired to make it the model of the great charter which they exatted from king John, they could with difficulty find a copy of it in the kingdom. But as to the grievances here meant to be redreffed, they were ftill continued in their full extent; and the roy<il authority, in all thole particulars, lay un- dei no manner of reftritlion. Reliefs of heirs, fo capital an article, were never eileclually fixed till the time of Mag- na Charta* ; and it is evident that the general promife here given, of accepting a Jutland lawful relief, ought to have been reduced to more precifion, in order to give fe- curity to the fubjccl. The oppieffion of wardship and mar riage was perpetuated even till the reign of Charles II. : And it appears from Glanvillc f, the famous judiciary of Henry II. that, in his time, where any man died inteftate, an accident which mufl have been very frequent when the art of writing was fo little known, the king, or the lord of the fief, pretended to fcizeali the moveables, and to ex clude every heir, even the children of the deceafed : A fure mark of a tyrannical and arbitrary government. THE Normans, indeed, who domineered, in England, were, during this age, fo licentious a people, that they may be pronounced incapable of any true or regular liberty ; which requires fuch improvement in knowledge and morals as can only be the relult of reflexion and experience, and mull grow to perfection during feveral ages of fettled and eltabliihed government. A people fo infenfible to the rights of their fovereig n as to disjoint, without neceffity, the hereditary fucceflion, and permit a younger brother to intrude himfelf into the place of the elder, wiiom they efteemed, and who was guilty of no crime but being abfent, could not expecl: that that prince would pay any greater regard to their privileges, or allow his engagements to fetter his power, and debar him from any confiderable intcrcft or convenience. They had indeed arms in their hands, which prevented the eftablilhmcnt of a total delpotifm, and left their poilerity fufHcient power, whenever they ihould at tain a fuflicient degree of realon, to alTume true liberty: But their turbulent difpofition frequently prprnpted them to make fuchufeof their arms, that they were more fitted * Glaav. lib. 2. cap. 3^. \\ | .r i-, ca .lcvl a relief in the Conqueror s laws, preferved by hjgulf , fre;--> ID iu c :;;::. the heriot ; lince reliefs, as well as er burdens of the feucal law, were unknuwn in the age of ihe Conjeiibr, wl.oic l.nvs tlicfe originally weic. t Lib. 7. c;ij> i". J his piacVce was contrary to the laws cf king t j v; rd, i by the O).ique;or, as we K-ani I rfiu Ingull , p. 91. J .ut !aw=; had at tha 1 . j.jnL- very litue iniiii Viie: I\AVC: .:iul violence governed every thing, 2 3 6 HISTORY OF ENGLAND. C H A P. to ohftru<fl the execution of ju(*ice, than to ftop the carec$ VI. of violence and oppreffion. The prince, finding that v v / greater oppofition was often made to him when he enforced 1100. the laws than when he violated them, was apt to render his own will and pleafure the fole rule of government ; and, on every emergence, to confider more the power of the perfons whom he might offend, than the rights of thole whom he might injure. The very form of this charter of Henry proves that the Norman barons ffor they, rather than the people of England, are chiefly concerned in it) were totally ignorant of the nature of limited monarchy, and were ill (jtrartfied to conduct, in conjuration with their fovereign, the machine of government. It is an aft of his fole power, is the refult of his free grace, contains fome articles which bind others as well as himfelf, and is there fore unfit to be the deed of any one who poffeiTes not the whole legitlative power, and who may not at pleafure re voke all his conceffions. HENRY, farther to increafe his popularity, degraded and committed to prifon Ralph Flambard, bifliop of Dur ham, who had been the chief inftrument of opprcffion under his brother*: But this ac c t was followed by another, which was a direct violation of his own charter, and was a bad prognoftic of his fincere intentions to obferve it : He kept the fee of Durham vacant for five years, and during that time retained pofTcfiion of all its revenues. Senfible of the great authority which Anfelm had acquired by his character of piety, and by the periecutions- which he Lad undergone from William, he lent repeated rreflagesto him at Lyons, where he refided, and invited him to return and take poffelfion of hisdignitiesf. On the arrival of the prelate, he propofed to him the renewal of that homage which he had done his brother, and which had never been refilled by any Ensrlifh bifhop: But Anfelm had acquired other fentimente by his journey to Rome, and gave the king an abfolute refufal. He objected to the decrees of the council of Bari, at which he himfelf had affifted ; and he declared, that fo far from doing homage for his fpiritual dignity, he would not fo much as communicate with any ecclefiaftic who paid that fubmiffion, or who accepted of inveftituies from laymen. Henry, who expected, in his prefent delicate fituation, to re;ip great ad vantages from the authority and popularity of Ani elm, durft not infift on his demand J: He only defired that the controverfy might be * Chron. 9ax. p. - ,3. W. Malm. p. 156. Matth. Paris, p. jq. Alur. Eeverl. p. 144. f Chron. -Sax. p. 208. Order. Vital, p. 78^. Manh. Paris, p. 39. T. Ruribojne, p. 273. \V. Malm. p. 225. H E N R Y I. 237 fufpended ; and that meflengers might be fent to Rome, in C H A P. order to accommodate matters with the pope, and obtain VI. his confirmation of the laws and cuftoms of England. v , THERE immediately occurred an important affair, in " no> which the king was obliged to ha\re recourie to the autho- MarrUre of rity of Anfelm. Matilda, daughter of Malcolm III. king t!ie Kn * of Scotland, and niece to Ldgar Atheling, had, on her father s death, and the fubfequent revolutions in the Scot- tiih government, been brought to England, and educated under her aunt Chriflinn, in the nunnery ofRumfey. This princefs Henry purpofed to marry; but as Hie had worn the veil, though never taken the vows, doubts might arife concerning the lawfulnefs of the acl ; and it behoved him to be very careful not to fhock, many particular, the reli gious prejudices of his fubjects. The affair was examined by Anfelm, in a council of the prelates and nobles which was fummoned at Lambeth : Matilda there proved that (he hnd put on the veil, not with a view of entering into a re ligious life, but merely in coniequence of a cuftom fami liar to the Englilh ladies who protected their chaftity from the brutal violence of the Normans, by taking flicker un der that habit*, which, amidft the horrible licentioufnefs of the times, was yet generally revered. 1 he council, ienfible that even a princefs had otherwife no fecurity for her honour, admitted this reafcn as valid : They pronoun ced that Matilda was dill free to marryf ; and her elpou- fals with Henry were celebrated by Anielm with great pomp and folemnity $. No aft of the king s reign render ed him equally popular with his Englifh fubjects, and ten ded more to efiabliih him on the throne. Though Matil da, during the life of her uncle and brothers, was not heir of the Saxon line, {he was become very dear to the Eng lifh on account of her connexions with it: And that peo ple, who before the conquefl had fallen into a kind of in difference towards their ancient royal family, had felt fo leverely the tyranny of the Normans, that they reflected with extreme regret on their former liberty, and hoped for a more equal and mild adminiflration, when the blood of their native princes fhould be nn ngled with that of their new ibvereigns||. BUT the policy and prudence of Henry, which if time invafionby had been allowed for thefe virtues to produce their full ef- duke RO- fe5t, would have fecurcd him pofleflion of the crown, ran fcert great hazard of being fruftrated by the fudden appearance ot Robert, who returned to Normandy about a month af- * IVlnier, p. 57. f Ibid. J Hoveden, p. 468. i M. Paris, p. .p. 2 3 3 HISTORY OF ENGLAND. CHAP, ter the death of his brother William. He took poflefiion, V- 1 - without oppofition, of that dutchy; and immediately made " preparations for recovering England, of which, during his abfence, he had by Henry s intrigues been fo unjuftly defrauded. The great fame which he had acquired in the Eaft forwarded his pretenfions; and the Norman barons, fenfible of the conlequences, exprefled the fame difcon- tent at the feparation of the dutchy and kingdom, which had appeared on the acceffion of William. Robert de Belefme earl of Shrewfbury and Arundel, William de la Warrenne earl of Surrey, Arnulf de Montgomery, Wal ter GifFard, Robert de Pontefra6t, Robert de Mallet, Yvo de Grentmefnil, and many others of the principal nobili ty*, invited Robert to make an attempt upon England, and promifed, on his landing, to join him with all their forces. Even the feamen were affected with the general popularity of his name, and they carried over to .him the greater part of a fleet which had been equipped to oppofe his paftage. Henry, in this extremity, began to be apprehenfive for his life, as well as for his crown ; and had recourfe to the fuperflition of the people, in order to oppofe their fenti- ment of jufiice. He paid diligent court to Anfelm, whofe fanftity and wifdorn he pretended to revere. He confulted him in all difficult emergencies; feemed to be governed by him in every meafure; promifed a drift regard to ec- clefiaftical privileges; profefTed a great attachment to Rome, and a rcfolution of pcrfevering in an implicit t>be- dienceto the decrees of councils and to the will of the fovereign pontiff. By thefe carefles and declarations he entirely gained the confidence of the primate, whofe in fluence over the people, and authority with the barons, were of the utmoit fervice to him in his prefent fituation. Anfelm fcrupled not to a flu re the nobles of the king s fin- cerity in thole profeffions which he made, of avoiding the tyrannical and oppreffive government of his father and brother : He even rode through the ranks of the army, re commended to the foldiers the defence of their prince, reprefented the duty of keeping their oaths of allegiance, and prognoflicated to them the greatefl happinefs from the government of fo vviie and jufl a fovereign. By this expedient, joined to the influence of the earls of Warwic and Mellent,of Roger Bigod, Richard de Redvers, and Robert Fitz Hamon, powerful barons, who ftill adhered to the prelent government, the army was retained in the king s interefts and marched, with feeming union and * Order. Vital, p. 78,5. H E N R Y I. 239 fumnefs, to oppofe Robert, who had landed with his for- CHAP. ces at Portlmouth. VI. THE two armies lay in fight of each other for fome * * days without coming to action ; and both princes, being 1IO! - apprehenfive of the event, which would probably be de- Accommo- 11 11 -11- i iu e i r nation with cifive, hearkened the more willingly to the counfels of Robcrt . Anfelm and the other great men who mediated an accom modation between them. After employing fome negocia- tion, it was, agreed that Robert fhould refign his pretenfi- ons to England, and receive in lieu of them an annual penfion of 3000 marks ; that if either of the princes died without iffue, the other fhould fucceed to his dominions ; that the adherents of each fhould be pardoned, and re- ftoied to all their poffeffions either in Normandy or Eng land ; and that neither Robert nor Henry ihould thence forth encourage, receive, or protect the enemies of the other*. THIS treaty, though calculated fo much for Henry s no** advantage, he was the firft to violate. He reftored indeed the eftates of all Robert s adherents ; but was fecretly de termined, that noblemen fo powerful and fo ill affected, who had both inclination and ability to difturb his govern ment, fhould not long remain unmolefted in their prefent opulence and grandeur. He began with the earl of Shrewfbury, who was watched for fome time by fpies, and then indicted on a charge, confifting of forty-five articles. This turbulent nobleman, knowing his own guilt, as well the prejudices of his judges and the power of his profecutor, had recourfe to arms for defence : but being foon fuppreffed by the activity and addrefs of Hen ry, ha was banifhed the kingdom, and his great eftate was confifcated. His ruin involved that of his two brothers, Arnulf dc Montgomery, and Roger earl of Lancafter. Soon after followed the profecution and condemnation of Robeit de Pontefraft and Robert de Mallet, who had diftinguifhed themlelves among Robert s adherents. Wil- liam de Warenne was the next victim : Even William earl of Cornwal, fon of the earl of Mortaigne, the king s uncle, having given matter of fufpicion a gain ft him, loft all the vaft acquifitionsof his family in England. Though the ufual violence and tyranny of the Norman barons af forded a plaufible pretence for thole profecutions, and it is probable that none of the leniences pronounced againft thefe noblemen was wholly iniquitous ; men eafily law or conjectured that the chief part of their guilt was not the injuftice or illegality of their conduct. Robert, enraged * Chon. Sax. p. 209. VV. MalmeC. p. 156. 240 HISTORY OF ENGLAND. CHAP, at the fate of his friends, imprudenly ventured to come VI. into England ; and he remonftrated with his brother, in * - v fevere terms, againft this breach of treaty : But met with lc J- fo bad a reception, that he began to apprehend danger to his own liberty, and was glad to purchafe his efcape, by refigning his penfion. THE indifcretion of Robert foon expofcd him to more fatal injuries. This prince, whole bravery and candour procured him refpect while at a diftance, had no fooner attained the po Hellion of power and enjoyment of peace, than all the vigour of his mind relaxed ; and he fell into contempt among thofe who approached his perfon or were lubjected to his authority. Alternately abandoned to dif- lolute pleafures and to womanifh fu perdition, he was fo remifs, both in the care of his treafure and the exercife of his government, that his fervants pillaged his money with impunity, ftole from him his very deaths, and proceeded thence to praftife every fpecics of extortion on his de- fencelefs" fubjeils. The barons, whom a fevere adinini- ftration alone could have retrained, gave reins to their un bounded rapine upon their vaffals, and inveterate animo- fities againft each other ; and all Normandy, during the reign of this benign prince, was become a fcene of vio lence and depredation. The Normans at lafi, obferving the regular government which Henry, notwithftanding his ufurped title, had been able to eftablim in England, applied to him, that he might ufe his authority for the fup- preiTion of thefe diibrders; and they thereby afforded him a pretence for interpofing in the affairs of Normandy. Infiead of employing his mediation to render his brother s government refpectablc, or to reclrefs the grievances of tiie Normans; he was only attentive to fupport his own partifans, and to increafe their number by every art of bribery, intrigue, and insinuation. Having found, in a vifit which he made to that dutchy, that the nobility were more difpofed to pay fubmiffion to him than to their legal iovereign, he collected, by arbitrary extortions on Eng land, a great army and treafure, and returned next year t:oj. to Normandy, in a fituation to obtain, either by violence or corruption, the dominion of that province. He took Baveux by ftorm after an obftinate fiegc : He made him- ielf matter of Caen by the voluntary fubmiflionof the in habitants : But rteing rcpulfed at Falaife, and obliged by the winter feafon to raife the fiege, he returned into Eng land ; after giving affarances to his adherents that he would perfevere in fupporting and protecting them. 1106. NEXT year he opened the campaign with the fiege of Tenchebray ; and it became evident, from his preparations HENRY 1. 241 and progrefs, that he intended to ufurp the entire pofieffion CHAP, of Normandy. Robert wasatlaft roufed from his lethargy ; VI. and being fupported by the earl of Mortaigne and Robert de * * Bellefme, the king s inveterate enemies, he railed a con- Ilot - fiderable army, and approached his brother s camp, with Con ueftof a view of finishing, in one decifive battle, the quarrel be- Noimaudy. tween them. He was now entered on that fcene of action in which alone he was qualified to excel; and he fo ani mated his troops by his example, that they threw the Eng- glilh into diforder, and had nearly obtained the viclory*: when the flight of Bellefme fpread a panic among the Nor mans, and occafioned their total defeat. Henry, befides doing great execution on the enemy > made near ten thou- fand prifoners; among whom was duke Robert him felf, and all the mcft confiderable barons who adhered to his in- tereftsf. This victory was followed by the final reducti on of Normandy : Rouen immediately fummitted to the conqueror: Falaile, after fome negociation, opened its gates; and by this a:quifition, befides rendering himfelf mailer of an important fortrefs, he got into his hands prince William, the only ion of Robert: He affem- bled the ftates of Normandy ; and having received the homage of all the vaffals of thedutchy, having fettled the government, revoked his brother s donations, and difman- tled the caftles lately built, he returned into England, and carried along with him the duke as prifoner. That un fortunate prince was detained in cuflody during the re mainder of his life, which was no lefs than twenty-eight years, and he died in thecaftle of Cardiff in Glamorgan- (hire; happy if, without lofing his liberty, he could have relinquiflied that power which he was not qualified either to hold or exercife. Priiice William was committed to the care of Heliede St. Saen, who had married Robert s natu ral daughter, and who being a man of probity and honour beyond what was uiual in thofe ages, executed the truft with great affection and fidelity. Edgar Atheling, who had followed Robert in the expedition to Jerufalem, and who had lived with him ever fince in Normandy, was another illuflrious prifoner taken in the battle of Tenche- bray^:. Henry gave him his liberty, and fettled a fmall penfion on him, with which he retired ; and he lived to a good old age in England, totally neglecled and forgot ten. This prince wasdiftinguiflied by perfonal bravery : But nothing can be a flronger proof of his mean talents VOL. I. I i * H. Hunt. p. 370. M. Paris, p. 43. Brompton, p. jr,O2. f F.admer. p. 90. Chron. Sax. p. 214. Oroer. Viul. p. 821. } Chron. Sax. p. 214. Ann. \Vaveil. p. 144. 242 H I S T O R Y O F E N G L A N D. CHAP, in every other refpe\, than that, notwithftanding he poffef- VI. fed the affections of the Englifh, and enjoyed the only * v legal title to the throne, he was allowed, during the reigns 1106. o f [ o many violent and jealous ufurpers, to live unmalefted, and go to his grave in peace. . 1107. A LITTLE after Henry had completed the conqueft of ntin " atl " Normandy, and fettled the government of that province, quarrel " k e finifhed a controverfy, which had been long depending with An- between him and the pope, with regard to the inveftitures in ecclefiaftical benefices; and though he was here obliged pinnate. .. . . . ,. , . . , ... to relmquilh iome or the ancient rights or the crown, he extricated himfclf from the difficulty on eafier terms than moft princes, who in that age were fo unhappy as to be engaged in difputes with the apoftolic fee. The king s fituation, in the beginning of his reign, obliged him to pay great court to Anfelm : The advantages which he had reaped from the zealous friendfhip of that prelate, had made him fenfible how prone the minds of his people were to luperflition, and what an alcendant the ecclefiafHcs had been able toaiTume over them. He had feen, on the ac- ceffion of his brother Rufus, that though the rights of pri mogeniture were then violated, and the inclinations of al- rnoft all the barons thwarted, yet the authority ofLanfranc, the primate, had prevailed over all other confiderations : His own cafe, which wasftill more unfavourable, afforded an inftance in which the clergy had more evidently fhewn their influence and authority. Thefe recent examples, while they made him cautious not to offend that powerful body, convinced him, at the fame time, that it was ex tremely his intereft to retain the former prerogative of the crown in filling offices of fuch vail importance, and to check the ecclefiafticsin that independence to which they vifibly afpired. The choice which his brother, in a fit of penitence, had made of Anfelm, was fo far unfortunate to the king s pretenfions, that this prelate was celebrated for his piety and zeal, and aufterity of manners; and though his monkifh devotion and narrow principles prognofticated no great knowledge of the world or depth of policy, he was, on that very account, a more dangerous infirument in the hands of politicians, and retained a greater afcendant over the bigoted populace. The prudence and temper of the king appear in nothing more confpicuous than in the management of this delicate affair ; where he was always fenfible that it had become necefTary for him to rifque his whole crown, in order to preferve the moil invaluable jewel of it*. * EaJmer, p. 56. HENRY I. 243 ANSELM had no fooner returned from banifhment, than CHAP, hisrefufal to do homage to the king railed adifpute, which VI. Henry evaded at that critical juncture, by promifing to fend v ,/ a meflenger, in order to compound the matter with Pafcal I10 ~- II. who then filled the papal throne. The meffenger, as was probably forefeen, returned with an abfolute refufal of the king s demands* ; and that fortified by many realbns, which were well qualified to operate on the underftandings of men in thofe ages. Pafcal quoted the fcriptures, to prove that Chrift was the door; and he thence inferred, that all ecclefiaftics muft: enter into the church through Chrift alone, not through the civil magiftrate, or any pro fane laymen f. " It is monftrous," added the pontiff, " that a fon fhould pretend to beget his father, or a man " to create his God : Priefts are called gods in fcripture, as " being the vicars of God: And will you, by your abo- " minable pretenfions to grant them their inveftiture, " affume the right of creating them$?" BUT how convincing foeverthefe arguments, they could not perfuade Henry to refign fo important a prerogative; and, perhaps, as he was potTeffed of great reflection and learning, he thought that the abfurdity of a man s creating his God, even allowing priefts to be gods, was not urged with the beft grace by the Roman pontiff. But as he defi- red ftill to avoid, at leaft to delay, the coming to any dan gerous extremity with the church, he perfuaded Anfelm, that he fhouid be able, by farther negotiation, to attain fome compofition with Pafcal; and for that purpofe hedif- patched three bifhops to Rome, while Anfelm fent two meffengers of his own, to be more fully affured of the pope s intentions!!. Pafcal wrote back letters equally pofi- tive and arrogant, both to the king and primate; urging to the former, that by affuming the right of inveftitures, he committed a kind of fpiritua) adultery with the church, who was the fpoufe of Chrift, and who muft not admit of fuch a commerce with any other perfori**; and infifting with the latter, that the pretenfion of kings to confer bene fices was the fource of all fimony ; a topic which had but too much foundation in thole ages f f. * W. Malm. p. 223. f- Eadmer, p. 60. This topic s further enforced in p. 73, 7.;. See alfo \V. Ma .m. p. 163. * La:imer, p. 61. I muchfufpeifl, that this text of fcripture is a forgery of hX h >iiiiei s : Per I have not beert able to find it. Yet it; Inthoie a<es, and was often quoted by the clergy as the foundation of their power. Sfe Lpift. St. Thorn, p. 169. I Ealmer, p. 62. \V. Malm. p. 225. ** I.;i.iei, | } Ladraer, p. 64. 66. 244 HISTORY OF ENGLAND. HENRY had now no other expedient than to fupprefs the letter addrefled to himfelf, and to perfuade the three bimops to prevaricate, and affert upon their epifcopal faith, 1I0 7- that Pafcal had aflured them in private of his good intenti ons towards Henry, and of his refolution not to refent any future exertion of his prerogative in granting invefiitures ; though he himfelf fcrupled to give this affurance under his hand, led other princes fhould copy the example, and aifmne a like privilege*. Anfelm s two meflengers, who were monks, affirmed to him, that it was impoffible this fiory could have any foundation : But their word was not deemed equal to that of three bifhops ; and the king, as if he had finally gained his caufe, proceeded to fill the fees of Hereford and Salifbury, and toinveft the new bifhops in the ufual mannerf. But Anfelm, who, as he had good realbn, gave no credit to the affeveration of the king s Tneffengers, refufed not only to confecrate them, but even to communicate with them ; and the bifhops themfelves, finding how odious they were become, returned to Henry the enfigns of their dignity. The quarrel every day in- creafed between the king and the primate : The former, notwithftanding the prudence and moderation of his tem per, threw put menaces againft fuch as fhould pretend to oppofe him in exerting the ancient prerogatives of his crown: And Anfelm, fenfible of his own dangerous fitu- ation, defired leave to make a journey to Rome, in order to lay the cafe before the fovereign pontiff. Henry, well pleated to rid himfelf, without violence, of fo inflexible an antagonifi, readily granted him permiffion. The pre- 1 ite was attended to the fhore by infinite multitudes, not only monks and clergymen, but people of all ranks, who icrupled not in this manner to declare for their primate againft their fovereign, and who regarded his depaiture as the final abolition of religion and true piety in the king dom . The king, however, feized all the revenues of his fee; and fent William de Warelwaft to negotiate with Pafcal, and to find tome means of accommodation in this delicate affair. THE Englifh minifter told Pafcal, that his matter would r.Jther lofe his crown, than part with the right of granting inveftitures. " And I," replied Pafcal, " would rather " lofe my head than allow him to retain it||." Henry fe- cretly prohibited Anfelm from returning, unlefs he refolv- ed to conform himfelf to the laws and ufuages of the king- i * Eadmer, p. 65. W. Malm. p. 225. f Eadmer, p. 66. W. Malm. p. 225. Hovecien, p. 469. Sim. Dunel. p. 228. J .Ladmer.p. 71. j| Eaumer, p. 73. W. Malm. p. 2*26. M. Paris, p. 40. HENRY I. 245 dom ; and the primate took up his refidence at Lyons, in C H A P. expectation that the king would at laft be obliged to yield VJ. the point which was the prefent object of controversy, be- * >. tweenthem. Soon after, he was permitted to return to his Il 7> monaftery at Bee in Normandy ; and Henry, befides re- ftoring to him the revenues of his fee, treated him with the greateft refpecl, and held feveral conferences with him, in order to foften his oppofition, and bend him to fubmif- fion* The people of England, who thought all differen ces now accommodated, were inclined to blame their pri mate forabfenting himfelf fo long from his charge; and he daily received letters from his partisans, reprefenting the neceffity of his fpeedy return. The total extinction, they told him, of religion and Chriflianity was likely to enfue from the want of his fatherly care: The mofi fhocking cuftoms prevail in England : And the dread of his feverity being now removed, fodomy, and the practice of wearing long hair, gain ground among all ranks of men, and thefe enormities openly appear every where, without fenfe of (hame or fear of punifhrnent*)*. THE policy of the court of Rome has commonly been much admired; and men, judging by fuccels, have be- ftowed the highefl eulogies on that prudence by which a power, from fuch {lender beginnings, could advance, with out force of arms, to eftabliihan univerfal and alrnoft ab- folute monarchy in Europe. But the wifdom of fo long a fucceffion of men who filled the papal throne, and who were of fuch different ages, tempers, and interefis, is not intelligible, and could never have place in nature. The inftrument, indeed, with which they wrought, the igno rance and fuperftition of the people, is fo grofsan engine, of fuch univerfal prevalence, and fo little liable to accident or diforder, that it may be fuccefsful even in the moft un- {kilful hands ; and fcarce any indifcretion can fruftrate its operations. While the court of Rome was openly aban doned to the moft flagrant difofders, even while it was torn with fchifrns and factions, the power of the church daily made a fenfible progrefs in Euiope; and the temerity of Gregory and caution of Pafcal were equally fortunate in promoting it. The clergy, feeling the neceffity which they lay under of being protected againft the violence of princes or rigour of the laws, were well pleai ed to adhere to a foreign head, who, being removed from the fear of the civil authority, could freely employ the power of the whole church in defending her ancient or ufurped proper ties and privileges, when invaded in any particular coun- * Hoveden, p. 471. f Eaduier, p. Si. 246 HISTORY OF ENGLAND. CHAP *T The monks, defirous of an independence on their VI. diocefans, profefted a ftill more devoted attachment to the v !,. / triple crown: and the ftupid people poffeffed no fcience or 1107. reafon, which they could oppoie to the moft exorbitant pretenfions. Nonfenfe pa (Fed for dernonftration: The moft criminal means were fanttified by the piety of the end : Treaties were not fuppofed to be binding, where the inte- refts of God were concerned: The ancient laws and cuf- toms of ftates had no authority againft a divine right: Im pudent forgeries were received as authentic monuments of antiquity : And the champions of holy church, if iuccefs- ful, were celebrated as heroes; if unfortunate, were wor- fhipped as martyrs; and all events thus turned out equally to the ad vantage of clerical ufurpations. Pafcal himfelf, the reigning pope, was, in the courle of this very contro- verfy concerning inveftitures, involved in circumftances, and neceffitated to follow a condu6l, which would have drawn difgrace and ruin on any temporal prince that had been fo unfortunate as to fall into a like fituation. His perfon was feized by the ernperor Henry V. and he was obliged, by a formal treaty, to refign to that monarch the right of granting inveftitures, for which they had fo long contended*. In order to add greater folemnity to this agreement, the emperor and pope communicated together on the fame hofte; one half of which was given to the prince, the other taken by the pontiff: The moft tremen dous imprecations weie publicly denounced on either of them whofhould violate the treaty: Yet no fooner did Paf cal recover his liberty, than he revoked all his conceffions, and pronounced the fentence of excommunication againfl the emperor, who, in the end, was obliged to fubmit to the terms required of him, and to yield up all his pretenfions, which he never could refume f. THE king of England had very nearly fallen into the fame dangerous fituation : Pafcal had already excommuni cated the earl of Mellent, and the other minifters of Henry, who were inflrumental in fupporting his pretenfions $: He daily menaced the king himfelf with a like fentence; and hefufpended the blow only to give him leifure to prevent it by a timely fubmifiion. The malcontents waited impati ently for the opportunity of difturbing his government by confpiracies and infurrecliousH : The king s beft friends were anxious at the profpeft of an incident which would fet their religious and civil duties at variance : And the * \V. MaJin.p. 167. f Padie Paolo fcphia benef. ecclef. p. 112. W. Malmef. p. 170. Chron., Al>b. St. Petri de Burgo, p. 6j. Sim. Dunelrn. p. 233. Eadiner, p. 79. \\ Ibid. p. So. H E N R Y I. 247 countefs of Blois, hisfifter, a princefsof piety, who had C H A P. great influence over him, was afFrightened with the danger VI. of her brother s eternal damnation*. Henry, on the other v v f hand, feemed determined to run all hazards, rather th.m rcfign a prerogative of fuch importance, which had been enjoyed by all his predeceffors; and it feemed probable, from his great prudence and abilities, that he might be able to fuflain his rights, and finally prevail in the conteft. While Pafcal and Henry thus flood mutually in awe of each other, it was the more eaty to bring about an accommoda tion between them, and to find a medium in which they might agree. BEFORE bifhops took pofleffion of their dignities, they Compromlfe had formerly been accuftomed to pafs through two ceremo- ^ th nies: They received from the hands of the (Sovereign a ring and crofier,as fymbols of their office ; and this was called their inveftiture . They alfo made thole fubmiffions to the prince which were required of vaiTals by the rites of the feudal law, and which received the name of homage. And as the king might refufe both to grant the inve/itiureand to receive the homage, though the chapter had, by forr.e can ons of the middle age, been endowed with the right of election, the fovereign had in reality the folc power of ap pointing prelates. Urban II. had equally deprived laymen of the rights of granting inveftiture and of receiving ho- rnagef : The emperors never were able, by all their wars and negotiations, to make any diliindion be admitted between them : The interpofition "of profane laymen, in any particular, was fliil reprefented as impious and abo minable : And the church openly afpired to a total inde pendence on the ftate. But Henry had put England, as well as Normandy, in fuch a fituation as gave greater weight to his negotiations ; and Pafcal was for the prefer. t Satisfied with his refigningthe right of granting inveftitures, by which the fpiritual dignity was fuppofed to be confer red ; and he allowed the bifhops to do homage for their temporal properties and privileges^. The pontiff was well pleafed to have made this acquifition, which, he hoped, would in time involve the whole: And the king, anxious to procure an efcape from a very dangerous fituation, was content to retain fome, thougha more precarious authority, in the election of prelates. AFTER the principal controverfy was accommodated, it was not difficult to adjuft the other differences. The pope * Ibid. p. 72. } Eadmer, p. 91. W. Ma ni. p. 163. Sim. Dunclm. p. 230. + Eadmer, p. 91. W. Malm. p. 164. 227. Hoveden. p. 471. M. Paris, p. 43. T. Rudb. p. 274. Brompton, p. 1000. WUki:;s, p. 303. Chron.Duuft. p. 21. 248 HISTORY OF ENGLAND. C H A P. allowed Anfelm to communicate with the prelates who had VI. already received inveftitures from the crown; and he only v v required of them fome fubmiflions for their part mifcon- l! 7- duel*. He alfo granted Anfelm a plenary power of re medying every other diforder, which, he faid, might arife from the barbaroufnefs of the country f. Such was the idea which the popes then entertained of the Englifh ; and nothing can be a ftronger proof of the miferable ignorance in which that people were then plunged, than that a man, who fat on the papal throne, and who fubfifted by abfur- dities and nonfenfe, fhould think himfelf intitled to treat them as barbarians. DURING the courfe of thefe controverfies, a fynod was held at Weftminfter, where the king, intent only on the main difputc, allowed fome canons of lefs importance to be enacted, which tended to promote the ufurpatipns of the clergy. The celibacy of priefts was enjoined ; a point which it was ftill found very difficult to carry into executi on: And even laymen were not allowed to marry within the feventh degree of affinity^. By this contrivance the pope augmented the profits which he reaped from granting difpenfations ; and likewife thofe from divorces. For as the art of writing was then rare, and parifh regifiers were not regularly kept, it was not eafy to afcertain the degrees of affinity even among people of rank; and any man who had money fufficient to pay for it, might obtain a divorce, on pretence that his wife was more nearly related to him than was permitted by the canons. The fynod aJfopafled a vote, prohibiting the laity from wearing long hair||. The averfion of the clergy to this mode was not confined to England. When the king went to Normandy, before he had conquered that province, the bifhop of Seez, in a for mal harangue, earneftly exhorted him to redrefs the mani fold di ford rs under which the goverment laboured, and to oblige the people to poll their hair in a decent form. Henry, though he would not refign his prerogatives to the church, willingly parted with his hair : He cut it in the form which they required of him, and obliged all the courtiers to imitate his example * *. Wars THE acquifition of Normandy was a great point of abroad. Henry s ambition ; being the ancient patrimony of his fa mily, and the only territory, which, while in his pofleffion, gave him any weight or confederation on the continent : But the injuflice of his ufurpation was the fource of great inquietude, involved him in frequent wars, and obliged N * Eadmer, p. 87. t Ibid. p. 91 . Eadmer, p. 67, 68. Spelm. Cone. vol. ii. p. 22. tj tadmer, p. 68. ** Order. Vital, p. 816. HENRY I. 249 him to impofe on his Englifh fubjedb thofe many heavy CHAP, and arbitrary taxes, of which all the hifforiansof that age VI. unanimoufly complain*. His nephew William was but ^ v fix years of age, when he committed him to the care of Helie de St. Saen ; and it is probable, that his reafon for intruding that important charge to a man of To unblemished a character, was to prevent all malignant fufpicions, in Cafe any accident fhould bcfal the life of the young pr-incc. He loo ii repented of his choice; but when he de fired to , Il0i recover poffetlion of William s perfon, Helie withdrew his pupil, and carried him to ihe court of Fulk count of Anjou, who gave him proteclionf. In proportion as the prince grew up to man s eftate, he dilcovered virtues becoming his birth ; and wandering through different courts of Europe, he excited the friendly compaffion of- many princes, and railed a general indignation againft his uncle, who had fo nnjullly bereaved him of his inheritance. Lewis the Grofs, Ion of Philip, was at this time king of France, a brave and generous prince, who having been obliged dur ing the lifetime of his father, to fly into England, in order to eicape the perfections of his Hep-mother Bertrude, had been protedted by Henry, and had thence conceived a perfonal friendship for him. But thefe ties were foon dii- lolved after the acceifion of Lewis, who found his interefls to be in fo many particulars oppofi e to thole of the Englifh monarch, and who became fenfible of the danger attend ing the annexation of Normandy to England. He joined, therefore, the counts of Anjou and Flandero in giving dif- quiet to Henry s government ; and this monarch, in order to defend his foreign dominions, found himlelf obliged to go over to Normandy, where he refided two years. The war which eni ued among thole princes was attended with no memorable event, and produced only flight fkirrnifhes on the frontiers, agreeably to the weak condition of the iovereigns in that age, whenever their fubjedts were not roufed by fome great and urgent occafion. Hrnry, by con tracting his eldeft fon William to the daughter of Fulk, detached that prince from the alliance, and obliged the others to come to an accommodation with him. This peace was not of long duration; His nephew, William, retired to the court of Baldwin earl of Flanders, who efpouied his caufe; and the king of France having foon after, for other reafons, joined, the party, a new war was kindled in Nor- mandv, which produced no event more memorable than VOL. 1. K k * lacimer, p. 83, Chron. Sax. p. 21 1, 242,213. 119, 270. 22?. H. Hunt, p. jSo. Hovsdcn. p. 470. Ann. V a->ei-i. p, i.jjt. J~i.sr. Vi:al. p. 837. 250 HISTORY OF ENGLAND. CHAP, had attended the former. At laft the death of Baldwin, VJ. who was (lain in an action near Eu, gave fome refpite to * Henrv, and enabled him to carry on the war with more luSt advantage againft his enemies. LEWIS finding himfelf unable to wreft Normandy from the king by force of arms, had recourfe to the dangerous expedient of applying to the fpiritual power, and of afford ing the ecclefiafticsa pretence tointerpole in the temporal concerns of princes. He carried young William to a ge neral council, which was aflembled at Rheims by pope Calixtus II. prefented the Norman pnnce to them, com plained of the manifell ufurpation and injuftice of Henry, craved the afliftance of the church for re-inftating the true heir in his dominions, and reprefented the enormity of detaining in captivity fo brave a prince as Robert, one of the mod eminent champions of the crofs.and who, by that very quality, was placed under the immediate protection of the holy lee. Henry knew how to defend the rights of his crown with vigour, and yet with dexterity. He had fent over the Englilh bifhops to this fynod ; but at the fame time had warned them that if any farther claims were fiart- ed by the pope or the ecclefiaftics, he was determined to adhere to the laws and cuftomsof England, and maintain the prerogatives transmitted to him by his predeceffors. Go," laid he to them, " falutethe pope in my name; " hear his apoftolical precepts; but take care to bring none of his new inventions into my kingdom." Finding, however, that it would be eafier for him to elude than op- pote the efforts of Calixtus, he gave his ambaiTadors or ders to gain the pope and his favourites by liberal prefents and promifes. The complaints of the Norman prince were thenceforth heard with great coldnefs by the council; and Calixtus confeffed, after a conference which he had the lame lummer with Henry, and when that prince pro bably renewed his prefents, that, of all men whom he had ever yet been acquainted with, he was beyond companion the moft eloquent and perfuafive. THE warlike meafures of Lewis proved as ineffectual as his intrigues. He had laid a icheme for furprifmg Noyon ; but Henry having received intelligence of the defign, marched to the relief of the place, and fuddenly attacked the French at Brenneville, as they were advancing towards it. A fharp conflict, enfued ; where prince William behav ed with great bravery, and the king himfelf was in the moft imminent danger. He was wounded in the head byCrilpin, a gallant Norman officer, who had followed the fortunes of William*: but being rather animated than * H. Hunt. p. 381. M. Paris, p. 47. Diceto, p. 503. HENRY I. 251 terrified by the blow, he immediately beat his antagonift CHAP, to the ground, and Ib encouraged his troops by the exam- VI. pie, that they put the French to total rout, and had very v nearly taken their king prifoner. The dignity of the per- IU 9- fons f ngaged in this (kirmifh, rendered it the mpfl memo rable a&ion of the war: For, in other relpecls, it was not of great importance. There were nine hundred horfemen, who fought on both fides; y*t were there only two per- fons (lain. The retl were defended by that heavy armour worn bv the cavalry in thole times*. An accommodation foo i after enf ied between the kin^s of France and Eng land ; ar.d the interefts of young William were entirely ne glected in it. BUT this public profperity of Henry was much overbal- ns0i anced by a dorneftic calamity which befel him. His only r/eath fon William had now reached his eighteenth year ; and of _ pnnce the king, from the facility with which he hirnfelf had ufurned the crown, dreading that a like revolution might fubvert his family, had taken care to have him recognized fucceflbr by the Hates of the kingdom, and had carried him over to Normandy, that he might receive the homage of the batons of that dutchy. The king, on his return, fet fail from Barfleur, and was foon carried by a fair wind ot:t of fight of land. The prince was detained by feme accident; and his lailors, as well as their captain Thomas Fitz-Stephens, having ipent the interval in drinking, were fo fluttered, that, being in a hurry to follow the king, they heedlefsly earned th (hip on a rock, where fhe immedi ately foundered. William was put into the long-boat, and had got clear of the fhip ; when hearing the cries of his natural filler, the countefs of Perche, he ordered the ieamen to row back in hopes of faving her : But the num bers who then crowded in, foon funk the boat ; and the prince with all his retinue periihed. Above a hundred and forty young noblemen of the principal families of England and N ormandy, were loft on this occafion. A butcher of Rouen was the only perfon on board who efcapedf: He clung to the matt, and was taken up next morning by fifh- ermen. Fitz-Stephens alfo took hold of the niaft ; but being informed by the butcher that prince William had pe riihed, he laid that he would not furvive the difaftt-r ; and he threw himfelf headlong into the fea$. Henry enter tained hopes for three days, that his fon had put into forac diflant port of England : But when certain intelligence of the calamity was brought him, he fainted away ; and it was * Oriler. Vital, p. 3^.]. f Sim. Dr-nclm. p. 2.J2. AUr.cd Lever;, y H^- * Order. Vital, p. 86^5, 252 I! I S T O R Y O F E N G L A N D. C H A P- remarked, that he never afrer was feen to fmile, nor ever VI. recovered his wonted cheerfulnefs*. 1 - . - THE death of William may be regarded in one refpect L II2D> as a misfortune to the Englilh ; becaufe it was the immedi ate fource of thofe civil wars, which, after the demiie of the king, caufed fuch conrufion in the kingdom : But it is remarkable, that the young prince had entertained a vio lent avcrfion to the natives; and had been heard to threa ten, that when he mould be king, he would make them draw the plough, and would turn them into beafts of bur- -then. Thefe nrepoiTeflions he inherited from his father, who, though he was wont, when it might ierve his pur- pofe, to value himfelf on his birth, as a native of Eng land f, fhowed, in the courfe of his government, an ex treme prejudice againfl that people. All hopes of prefer ment, to ecclefiaflical as well as civil dignities, were de nied them during this whole reign; and any foreigner, however ignorant or worihlcls, was lure to have the pre ference in every competition:;:. As the Englilh had given no difturbance to the government during the courfe of fiftv years, this inveterate antipathy in a prince of fo much tem per as well as penetration, forms a prefumption that the Englifh of that age were dill a rude and barbarous people even compared fo the Normans, and impreiTcs us with no very favourable idea of the Anglo-Saxon manners. PRINCE William J.eft no children; and the king had not now any legitimate iffue; except one daughter, Matil da, whom in 11:0 he had betrothed, though only eight years of agejl, to the emperor Kenry V. and whom he had then fent over to be educated in Germany **. But as her abfencefrom the kingdom, and her marriage into a foreign family, might endanger the fucceffion, Henry, who was now a widower, was nduced to marry in hopes of having male heirs; and he made his addrelTesto Adelais, daughter - c S* je * i c T c r i . or Godfrey duke of Lovaine, and niece of pope Calixtus, a young princefs of an amiable prrfonff. But Adelais brought him no children; and the prince, who was moil: likely to difpute the fucceffion, and even the immediate poiTedion of the crown, recovered hopes of fubverting his rival, who had fucceflively foized all his patrimonial do minions. William, the fon of duke Robert, was flill pro tected in the French court; and as Henry s connexions with the count of Anjou were broken off by the death of * Hoveden, p. 476. Order. V.-tal. p. 869. f Gul. Keub lib. i. "?.p. 3. t 1 arimer, p. 110. [j Chron. Sax. p. 21:,. W. Malm. p. i6(S. Order. Vital, p. 8.5. * .See note [M] at the end of the volume. ff Chron. bax. p. usj. \V. Malm. p. 165. mar- HENRY I. 253 his fon, Fulk joined the party of the unfortunate prince, C H A V. gave him his daughter in marriage, and aided him in raif- VI. ing- disturbances in Normandy. But Henry found the v , means of drawing off the count of Anjou, by forming a- lli! - new with him a nearer connexion than the former, and one more material to the intereffs of that count s family. The emperor, his fon-in-law, dying without ittue, he beftowed his daughter on Geoffrey, the eldcft fon of Fulk, I1!7< and endeavoured to infure her fucceffion by having her recogniied heir to all his dominions, and obliging t*ie ba vins boih of Normandy and England to fwear fealty to her. He hoped that the choice of this hufband would be more agreeable to all his fubjecb than that of the emperor; as fecuring them from the danger of falling under the domi nion of a great and diftant potentate, who might bring them into fubjeftion, and reduce their country to the rank of a province : But the barons were difpleafcd, that a flep i o material to national intererts had been taken without confulting them* ; and Henry had too fenfibly experienced the turbulence of their difpofition, not to dread the effecls of their refentment. It feemed probable that his nephew s party might gain force from the increafe cf the malcon tents: An acceflion of power which that prince acquired a little after, tended to render his pretenfions fHll more dangerous. Charles earl of Flanders being aflaffinated during the celebration of divine fervice, king Lewis im mediately put the young prince in pofleflion of that coun ty, to which he had pretenfions in the right of his grand mother Matilda, wife to the Conqueror. But William furvivcd a very little time this piece of good fortune, which feemed to open the way to ft ill farther profperity. He was killed in a fkirmim with the landgrave of Alface, his com petitor for Flanders; and his death put an end, for the pie- lent, to the jealoufy and inquietude of Henry. THE chief merit of this monarch s government confifts in the profound tranquillity which he eftablifhed and main tained throughout all his dominions during the greater part of his reign. The mutinous barons were retained in fub- jeftion ; and his neighbours, in every attempt which they made upon him, fuund him fo vrell prepared, that they were diicouraged from continuing or renewing their en- terpriles. In order to reprefs the incurfions of the Welfh, he brought over fome Flemings in the year mi, and fet tled them in Pembrokelhire, where they long maintained a different language, and cuiloms, and manners, from their * W. Malm. p. 175. 1 he arinaS of Wa< erly, p. 15?, fay, that the king aiked and obtained the coufein of ail the barons. 254 HISTORY OF ENGLAND. CHAP- neighbours. Though his government feerns to have been VI. arbitrary in England, it was judicious and prudent ; and * .,__ ; was as little oppreffive as the neceffity of his affairs would i)28. permit. He wanted no attention to the redrefs of grievan ces; and hiftorians mention in particular the levying of purveyance, which he endeavoured to moderate and re train, i he tenants in the king s demefne lands were at that time obliged to (\ipp\y gratis the court with provifions, and to furnifh carriages on the fame hard terms, whe i the king made a progreis, as he did frequently, into any of the counties. Thefe exactions were fo grievous, and levi ed in lo licentious a manner, that the farmers, when they heard of the approach of the court, often deferted their houfes, as if an enemy had invaded the country*; and fheltered their peribns and families in the woods, from the infults of the king s retinue. Henry prohibited thofe en ormities, and punifhed the perfons guilty of them bv cut ting oiF their hands, legs, or other members f. But the prerogative was perpetual; the remedy applied by Henry was temporary ; and the violence itfelt of this remedy, fo far fiom giving fecurity to the people, was only a proof of the ferocity of the government, and threatened a quick re turn of like abufes. ONE great and difficult object of the king s prudence was, the guarding againft the encroachments of the court of Rome, and protecting the liberties of the church of England. The pope, in the year 1101, had fent Guy, archbiihop of Vienne, as legate into Britain; and though he was the firft that for many years had appeared there in that character, and his commiffion gave general furprifej, the king, who was then in the commencement of his reign, and was involved in many difficulties, was obliged to fub- mit to this encroachment on his authority. But in the year 1116, Anfelrn abbot of St. Sabas, who was coming over with a like legantinecommiffion, was prohibited from en tering the kingdom ||; and pope Calixtus, who in his turn was then labouring under many difficulties, by reafon of the pretenfions of Gregory, an antipope, was obliged to promife, that he never would for the future, except when lolicited by the king himfelf, fend any legate into England**. Notwithstanding this engagement, the pope, as foon as he had fuppreffed his antagonift, granted the cardinal de Crema a legantine commiflion over that king dom; and the king, who, by reafon of his nephew s in trigues and invafions, found himfelf at that time in a dan-* * Eadmer, p. 94. Chrcn. Sax. p. 2 1 2. f Eadmer, p. 94. + Ibid. p. 38. jj Hoveden, p. 474. ** tvimer, p.. 125* 137, 138. HENRY I. gerous fituation, was obliged to fubmit to the exercife of C H A P. this commifrion*. A fynod was called by the legate at VI. London ; where, among other canons, a vote pafled, ena6l- v ~^ ing fevere penalties on the marriages of the clergy f. The cardinal, in a public harangue, declared it to be an unpar donable enormity, that a prieft ftiould dare to confecrate and touch the body of Chrift immediately after he had rilen from the fide of a ftrumpet : For that wa; the decent ap pellation which he gave to the wives of the clergy. But it happened, that the verv next night, the officers of juftice, breaking into a diiordcrly houi e, found the cardinal in bed with a courtezan \\ an incident which threw luch ri dicule upon him, that he immediately ftole out of the king dom : The lynod broke up; and the canons againft the marriage of clergymen were worlc executed than everj|. HENRY, in order to prevent this alternate revolution of conceffions and encroachments, lent William, then archbiihop of Canterbury, to remonftrate with the court of Rome againft thofe abufes, and to aflert the liberties of the EngliQi church. It was a ufual maxim with every pope, when he found that he could not prevail in any pre- tenfion, to grant princes or ftates a power which they had always exerciled, to relume at a proper juncture the claim which feemed to be refigned, and to pretend that the civil magiftrate had pofieired the authority only from a fpecial indulgence of the Roman pontiff. After this manner, the pope, finding that the French nation would not admit his claim of granting inveftitures, had palled a bull, giving the king that authority ; and he now praclifed a like inven tion to elude the complaints of the king of England. He made the archbifhop of Canterbury his legate, renewed his commiflion from time to time, and dill pretended that the rights which that prelate had ever exercifed as metropolitan, were entirely derived from the indulgence of the apoftolic fee. [ he Englifh princes, and Henry in particular, who were glad to avoid any immediate conteft of fo dangerous a nature, commonly acquiefced by their filence in thefc pretenfions of the court of Rome * *. As every thing in England remained in tranquillity, Henry took the opportunity of paying a vifit to Norman- 11JK dy, to which he was invited, as well by his arfeclion for * Chron. Sax. p. 229. f Spe m. Cone. vol. li. p. 34- J Hovcden, p. 478. M. Paris, p. 48. M.itth. Weft, ad aim. 1125. IT. Iluntiiudon, p. 382. It is remarkable, that this !aft wr : te,, wdo -.vat a clergv nwn^pvell as the others, makes an apolos;/ for utin? fuch freedom with the t.iifiersu! iiiri ciuiK ti ; hut la) b, that, the f<ft WS DOtOHOUJ lOd ODfbl UCH 10 be concealed. 1 : on. Sax. p. 234. ** See note [N J at the end of the volumr. 256 HISTORY OF ENGLAND. CHAP, that country, as by his tendernefs for his daughter the crrt- VI. prefs Matilda, who was always his favourite. Some time v v after, that princefs was delivered of a fon, who received JI 5 2 -. the name of Henry; and the king, farther to enfure her i ucceffion, made all the nobility of England and Norman dy renew the oath of fealty, which they had already Iworn to her*. The joy of this event, and the falisfaftion which he reaped from his daughter s company, who bore fuccef- -.1:5. fively two other fons, made his refidence in Normandy very agreeable to himf ; and he feemed determined to pafs the remainder of his days in that country; when an in- eurfion of the Wellh obliged him to think of returning into England. He was preparing for the journev, but was jftcf Dec. teized with a fudden illnefs at St. Dennis le Form en t, from eating too plentifully of lampreys, a food which always agreed better with his palate than his conftitution J. He r>aih died in the fixty-feventh year of his age, and the thirty-fifth of his reign; leaving by will his daughter Matilda heir of a-li his dominions, without making any mention of her hufiband Geoffrey, who had given him feveral caufes of difpleafure ||. THIS prince wasone of the moft acComplimed that has filled the Engliih throne, and poflefled all the great quali ties both of body and mind, natural and acquired, which could fit him for the highftation to which he attained. Hio perfon was manly, his countenance engaging, his eyes clear, ferene, and penetrating. The affability of his ad- drefs encouraged thofe who might be overawed by the fenfe of his dignity or of his wifdom ; and though he often in dulged his facetious humour, he knew how to temper it with difcretion,and ever keptata diftance from all indecent familiarities with his courtiers. His fuperior eloquence and judgment would have given him an afcendant, even had he been born in a private ftation ; and his perfonal bravery would have procured him refpecl, though it had been lefs fupported by art and policy. By his great progrefs in li terature, he acquired the name,of Beau-clerc, or the fcho- lar : But his application to thofe fedentary purfuits abated nothing of the activity and vigilance of his government ; and though the learning of that age was better fitted to corrupt than improve the understanding, his natural good fenfe preferved itfelf untainted, both from the pedantry and ftiperftition which were then fo prevalent among men of letters. His temper was fufceptible of the fentiment* * W. Malm. p. 177, t H. Hunt, p. p. 385. M. Faris.p. 50. || W. Malm. p. 1 HENRY I. 257 as well of friend hipas of refentment*; and his ambition, CHAP. though high, might be deemed moderate and reafonable, VI. had not his conduct towards his brother and nephew ftiowed v - / - that he was too much difpoled to Lcrifice to it all the max- IJ J5- ims of juft ce and equity. But the total incapacity of Ro bert for government afforded his younger brother a realon orp-etence for ieizing the fceptre both of England and Normandy; diid when violence and ufurpation are once began, neceditv obliges a prince to continue in the fame criminal coiirfe, and engages him in meafures which his bet er j idgment and founder principles would otherwife have induced him to reject with warmth and indignation. KING Henrv was much addicted to women ; and hifto- rians mention no lefs than feven illegitimate fons and fix daughters born to himf. Hunting was alfo one of his favouriteamufements; and he exercifed great rigour againft thole who enct cached on the royal forefts, which were augmented during his reign $, though their number and extent were already too great. 1 o kill a flag was as cri minal as to murder a man : He made all the dogs be mr,u- Jated which were kept on the borders of his forefls : And he fometimes depiived his Jubjecls of the liberty of hunting on their own lands, or even cutting their own woods. In other refpeds he executed juftice, and that with rigour; thebeft maxim which a prince in that age could follow. Stealing was firft made capital in this reign || : Fa fe coin ing, which was then a very common crime, and by winch the money had been extremely debafed, was feverely puniihcd by Henry**. Near fifty criminals of this kind were at one time hanged or mutilated ; and though thefe punifhments feem to have been exercifed in a manner fome- wlnt arbitrary, thev \vere grateful to the people, more at tentive to prefcnt advantages than jealous of general laws. There is a code which pafles under the name of Henry 1. but the heft antiquaries have agreed to thirik it fpurious. It is however a very ancient compilation, and tuay be ufd ul to infirud us in the manners and cuftoms of the times. \Ve learn from it, that a great diflinclion was then made between the Eng!i!h and Normans, much lo the advantage of the latter tf. The deadly feuds, and the liberty of private revenge, which had been avowed by the Saxon laws, were ftill continued, and \vcie nut yet wholly ille- VOL. I. LI (fVi* Vital, v- 805. i Gul. Gemet. lib. S. c.i .. ; \V. Malm. p. i , on, p. i (->. I lor. Wigoro. p. 653.. Ho o .;;, p. .\~]i. * f , v m. L,. p. ijt. riiOiii^ .on, p. icoo. Uo .e -i jii, } . 47;- Urinal. \Va\erl. p. 149. t , LL. Hen. i. iS. 75. J^ LL. litu. ^ ha. 258 HISTORY OF ENGLAND. CHAP. AMONG the laws granted on the king s acceffion, it is VI. remarkable that the re-union of the civil and ecclefiaftical * v courts, as in the Saxon times, wasenatted*. But this law, J1 35- tike the articles of his charter, remained without effect, probably from the oppofition of archbifhop Anfelm. HENRY, on his acceffion, granted a charter to London, which leetr.s to have been the til it ftep towards rendering that city a corporation. By this charter, the ity was em powered to keep the farm of Middlesex at three hundred pounds a year, toeleCi its own fheriii and jufiiciary, and to hold pleas of the crown ; and it was exempted from fcot, Danegelt, trials by combat, and lodging the kir.g s retinue. Thefe, with a confirmation of the privileges of their court of hufiings, w^rdmotes, and common halls, and their liberty of hunting in Middlesex and Surrey, are the chief articles of thischarterf. IT is laid that this prince, from indulgence to his ten ants, changed the rents of his demelhes, which were for merly paid in kind, into money, which was more eafily re mitted to the exchequer. Bat the great fcarcity of coin would r nder that commutation difficult to be executed, while at the fame time provifions could not be fcnt to a diiiint quarter of the kingdom. This affords a piobable reafon why the ancient kings of England fo frequently changed their place of abode : They carried their court from one place to another, that they might confume upon the ipot the revenue of their feveral demefnes. * Speim. p. 305. Rlackfione, "ol. iii. p. 6j. Coke, 2 Inft. 70. f Lambard A;c;iaiononii.a ex edit. Iwifden. Wilkins, p. 235. J Dial, de Sc^ccario, lib. i. cap. 7. ( 259 ) CHAP. VII. H E N. iiccefflon of Stephen War with Scotland Infurrec- tion in favour of Mitilda Stephen taken pnfoner Matilda crowned Stephen rtleafed Re/hned to the crown Continuation of the civil wars Com- promife between the king and prince Henry Death of the king. IN the progrefs and fettlement of the feudal law, the CHAP, male fucceffion to fiefs had taken piace fome time before VII. the female was admitted ; and eftates being conlidered as * military benefices, not as property, were tranlmitted to 1Ij5 * inch only as could ferve in the armies, and perform in per- fon the conditions upon which they were originally grant ed. But when the continuance of rights, during fome ge nerations, in fhe fame family, had, in a great meafune, oo- literated the primitive idea, the females were gradually admitted to the pofletvion of feudal property; and the fame revolution of principles which procured them the inheri tance of private ellates, naturally introduced their fuccef fion to government and authority. The failure, therefore, of male heirs to the kingdom of England and dutchy of Normandy, feemed to leave the fucceffion open, without a rival, to the emprefs Matilda; and as Henry had made all his vaflals in both ftates I vear fealty to her, he prefurn- ed that they would not eafiiy be induced to depart at once from her hereditary right, add from their own reiterated oaths an 1 engagements. But th^ irregular manner in which he himfelf had acquired the crowii, might have infi.iu. 1 him, that neither his Norman nor Englith lubjects wcic as 2 6o H I S T O R Y O F E N G L A N D. C H A P. >* et capable of adhering to a ft rift rule of government ; and Vil. as everv precedent of this kind ieems to give authority to v . new ufurpations, he had reafon to dread, even from his iI 35- own family, fome invafion of his daughter s title, which he had taken fuch pains to eftabliih. ADELA, daughter of William the Conqueror, had been married to Stephen count of Biois, and had brought him feveral fc.no; among whom Stephen and Henry, the two youngeft, had been invited over to England by the late king, and had received great honours, liches, and pre ferment, from the zealous friendship which that prince bore to every one that had been fo fortunate as to acquire his favour and good opinion. Henry, who had betaken him- felf to the ecclefiafiical profeffion, was created abbot of Glaflenbury and biPnop of Winchefter ; and though thefe dignities were confiderable, Stephen had, from his uncle s liberality, attained eftabliihrnents dill moie folid and du rable*. The king had married him to Matilda, who was daughter and heir of Euftace count of Boulogne, and who brought him, befides that feudal fovereignty in France, an irnmenfe property in England, which in the difhibution of lands had been conferred by the Lonqueror on the family of Boulogne. Stephen allb by this marriage acquired a new connexion with the royal famiiy of England ; as Ma ry, his wife s mother, was fifter to David the reigning king of Scotland, and to Matilda, the firft wife of Henry, and mother of the emprefs. The king, ftill imagining that he Strengthened the interefts of his family by the aggrandife- ment of Stephen, took plealure in enriching him by the grant of new pofTeffions ; and he conferred on him the great eftate forfeited by Robert Mallet in England, and that forfeited by the earl of Mortaigne in Normandy. Ste phen, in return, profeffed great atta, hment to his uncle; and appeared fo zealous for the fucceffion of Matilda, that, when the barons fwore fealty to that princeis, he conten ded with Robert earl of Gloucefter, the king s natural fon, who fhould firft be admitted to give her this tefliirony of devoted Zealand fidelity}-. Meanwhile he continued to cultivate, by every ait of popularity, the friendfhip of the Englifh nation; and many virtues, with which he feemed to be endowed, favoured the fuccefs of his inten tions. By his bravery, activity, and vigour, he acquired the efteem of the barons: By his gencrofity, and by an affable and familiar addrefs, unufual in that age among men of his high quality, he obtained the affections of the * Gul. Neubr. p. 360. Brompton, p. 1023. f W. Malm. p. itj-s. STEPHEN. 261 people, particularly of the Londoners*. And though he C IT A?. dared not to take any i;ep<; towards his farther grandeur, , VI 1. left hefhould expofe himietffo the j->aloufy of fo penetrat- ., ing a prince as Henry ; he ftill hoped th;it, by accumula- ll i~>~ ting riches and power, and by acquiring popularity, he might in time he able to open his way to the throne. \ o fooner had Henry breathed his laft than Stephen, infenfible to all the ties of gratitude and fidelity, and blind to danger, gave full reins to his criminal ambition, and trufted that, even without any previous i^ rigue, the cele rity of his enterprise, and the boldnefs of his attempt, might overcome th; weak attachment which the Englilh 2nd Normans in that age bore to the laws and to the rights of their loveivign. He haftened over to England ; and though the citizens of Dover, and thoie of Canterbury, appriied of his purpofe, (hut their gates againfl him, he flopped not till he arrived at London, "where fome of the lower rank, infligated by his emiifaries, as well as moved by his generaUpopularity, immediately faluted him king. His next point was to acquire the good-wilt of the clergv : and by performing the ceremony of his coronation, to put himfelf in potlefhon of the throne, from which he \vzs confident it would not be eafy afterwards to e-xpel him. His brother, the bi mop of Winchefter, was ufeful to him in thefe capital articles: Having gained Roger bifhop of Salifbury, who, though he owed a great fortune and ad vancement to the favour of the {ate king, preferved no fenfc of gratitude to ilia! prince s family ; he applied, in conjunction with that prelate, to William archbilliop of Canterbury, and required him, in virtue of his office, to give the royal uncViori to Stephen, The primate, who, as all the others, had iworn feaity to Matilda, refufcd to per form this ceremony; but his oppofition was overcome by an expedient equally difhonourable with the other fleps by which this revolution was effected. Hugh Bigod, fleward of the houfeho .d, made oath before th^ primate, that the late king on his death bed had fhown a diffatisfaclion with his daughter Matilda, and had expreifed his intention of leaving the count of Boulogne heir to all his dominions f. William, either believing or feigning to believe Bigod s teftimony, anointed Stephen, and put the crown upon 22 d Dee. his head; and from this religious ceremony that prince, without any (liadow either of hereditary title or confent of the nobility or people, was allowed to proceed to the exercife of Sovereign authority. Very few barons atten- * W. Malm. p. 179. Geft. Steph. p. 918. f Matih. Varis.p. 51. Diceco, p. 505. Chron. Dunft. p. 25. 262 H I S T O R Y O F E N G L A N D. C H A P. ded hi* coronation*; but none oppofed his uiurpation/ VII. however unji.fi or flagrant. r ~l he fentiment of relit ion > which, if corrupted into iuperflition, has often little erhcu- ll li- cy in fortifying the duties of civil fociety, was not atfetf ed by the multiplied oaths taken in favour of iV- tilda, :nd only rendered the peop e o! edicnt to a prince \\ h < was countenanced by the clergy, and who hid received /V,.m the pnmote the rite of ro\al Uidion arid confecration f. STEPHEN, that he might farther iecme his tottering throne, palled a charter, in which hj made liberal promi- fes to all orders o f men ; to the clergy, ihat he would fpee- dily fill all vacant benefices, and v\uu;d never levy the rents of any of them during the vacancy ; to the nobility, that he would reduce the royal forefts to their ancient boundaries, and correct all encroachments; and to the peo ple, that he wou;d remit the tax of Danegelt, and rellore the laws of king LdwardJ. 1 he late king had a great treafure at Winchefler, amounting to a hundred thouland pounds: And Stephen, by leizing this money, immediate ly turned againfl Henry s family the precaution which that prince had employed for their g andeur ard fecuiity: An event which naturally attends the policy of amaifing trea- fures. By means of this money the ufurper inlured the compliance, though not the attachment, of the principal glergy and nobility ; but not trultingto this frail fecuiity, he invited over from the continent, particularly from Bri- tanny and Fianders, great numbers of thole bravoes or dif- orderly foldiers, with whom every country in Europe, by , reaion of the general ill police and turbulent government, extremely abounded ||. Theie mercenary troops guarded his throne by the terrors of the fword; and Stephen, that he might alio overawe all malcontents by new and additi onal terroro of religion, procured a bu l from Rome, which ratified his title, and which the pope, feeing this prince in poflerlion of the tLone, and plea led with an appeal to his authority in iecular controverfies, very readily granted him* *. T n 6 - MATILDA, and her hufband Geoffrey, were as unfor tunate in Normandy as they had been in Flngland. The Norman nobility, moved by an hereditary animofity againfl the Angevins, full applied to Theobald count of Blois, Stephen s elder brother, for piotec\ion and affiftauce; but * Brompton, p. 1023. f Such ftrefs was foimerly laid on the right of coronation, that the monkifh writers never gi . e any prince the title of king tiTl he is crowned: ihnugh l>e had for lorn: urns been in poiieffion of theciown, andexeicifcti all the powers nf fo ereignty. \ VV. N^alm. p. 170. Hoveden, p. 482. |j W. Malm. p. 179* ** Iiagulfiad. p. 250. 313. STEPHEN. 263 afterwards that Stephen had got poflVffion of the C II A P. E pgli n crown, and h.ivir.g many of them the ianie rea- VII. Cons as formcily fordefiring a continuance of their union v with th.it kingdom, they transferred their allegiance to I! * 6 Stephen, and put him in polfeffion of their government. Lewis the younger, the reigning king of France, accepted the horn. 1*0 of Euftace, Stephen s eldeil ion, for the dut- chy ; and the more to corroborate his connexions with that family, he betrothed his lifter Conflantia to the young p;ince. The coun of Blois refiejned all his pretenfions, and received, in lieu of them, an annral penfion of two thoufand maiks; and Geoltrev himfelf was obliged to co.iciude a tmce for two years with Stephen, on condition of the kind s paying him, di ring that time, a penfion of five thouland*. Stephen, who had taken a journey to Kormandv, finifhed all thele traniactions in perfon, and foon after returned to England. ROBERT earl of Gioceiter, natural fon of the late king, was a man of honour and abilities; and as he was much attached to the interefls of his (liter Matilda, and zealous for the lineal fucceffion, it w,:s chieflv from his intrigues and refiftance that the king had reafon to dread a new re volution of government. This nobleman, who was in Normandy when he received intelligence of Stephen s ac- ceflion, found himfelf much embarrafled concerning the ineafures which he fhould p:ir(ue in that difficult emergen cy. To fwear jllegiance to the ufurper appeared to him di Vionourable. and a breach of Ms oatL to Matilda : To refufe giving thi? pledge of his fidelity, wastobantfti him felt from hngland, and be totaily incapacitated fiom (erv- ing the royal family, or contributing to their reftoration f. He orrered Stephen to do him homage, and to take the oath of fealty ; but with an exprefs condition that the king fhould maintain all hi ftipulations, and lliculd never invade anv of Robert s rights or dignities: And Stephen, though fenfible thjf this relerve, fo unufual in itfelf, and fo unbe fitting the duty of a iu cjcf), was meant only to aflord Ro bert a pretence for a revolt on the t irft favourable opportu nity, was obliged, by the numerous friends arid retainers of that nobleman, to receive him on thofe terms|. The clergy, who could fcarcely at this time be deemed fubjVcls to the crown, imitated that dangerous example : They annexed to their oaths of allegiance this condition, that they were only bound fo long as the king defended the ec- clefiaftical liberties, and fur-ported the discipline of the * M. Paris, p. 52. f Malmcf. p. 179. + Ibid. M. Pans, p. 5:. 264 HISTORY OF ENGLAND. C H A P. church*. The barons, in return for their fubmiffion, ex- Vll. acted terms ftill more deftruCtiveof public peace, as well -v as of royal authority : Many of them required the ri^ht 11 ^ of fortifying their caftles, and of putting thcmfdves in a pofture of defence; and the king found himfelf totally unable to rc&ufe his confent to this exorbitant drrmn;if. All England was immediately fiiled with thofe fortrefles, which the noblemen garrifoned either with their vaifals, or with licentious foidiers, who {locked to them from all quar ters. Unbounded rapine was exercifed upon the people for the maintenance of theie troops ; and private animo- fities, which had with difliculty been retrained by law, now breaking out without control, rendered England a Icene of uninterrupted violence and devaitation. Wars between the nobles were carried on with the utmoft fury in every quarter; the barons even affumed the right of Coining money, and of exercifing, without appeal, every a<5t of jurifdi&ton $ ; and the inferior gentry, as well a s the people, finding no defence faom the laws during this total di Solution of ibvereign authority, were obliged, for their immediate fafety, to pay court to fome neighbouring chieftain, and to purchafe his protection, both by fubmit- ting to his exactions, and by affifting him in his rapine upon others. The erection of one caftle proved the imme diate cauleof building many others; and even thole who obtained not the king s perrniifion, thought that they were entitled, by the great principle of felt-prefervation, to put themfelves on an equal footing with their neighbours, who commonly were al!o their enemies and rivals. The arifio- craticai power, which isufually fo opprcifive in the feudal governments, had now rilen to its utmoft height during the reijrn of a prince who, though endowed with vigour and abilities, had ufurped the throne without the pretence of a ritie, and who was necefiitated to tolerate in others the fame violence to which he himielf had been beholden for his ibvereignty. BUT Steplen was not of a difpcfnion to fubmit long to theie uiurpations, without rna king fome ettbrt for the reco very of royal authority. Finding that the legal preroga tives of the crown were refilled and abridged, he was allb tempted to make his power the fole meafure of his conduct ; and to violate all thofe concernons which he himfelf had made on his acceffion II, as well as the ancient privileges of his fubjects. The mercenary foidiers, who chiefly fup- ported his authority, having exhaufted the royal treafure, * \V. Malru ;>. 170. t Ibid P- -- J Trivet, p. 19. Gul. Neub. p. 372- C hron. Keming. p. 457. Bump- Ion, p. 1035. i| W. Maim. p. 180. M. Paiis.p. 51. STEPHEN. 255 fubfifted by depredations; and every pbce was filled with C H A F- the beft grounded complaints agair.fi the government. The VII. earl of Glocefter, having now fettled with his Iriends the * * plan of an infurreciion, retired beyond fea, lent tiie king a defiance, folemnly renounced his allegiance, and up braided him with the breach of thole conditions which had been annexed to the oath of fealty (worn by that noble man*. David king of Scotland, appeared at the head of i!j? : an army in defence of his niece s title, and, penetrating ^jj^f into Yorkfhire, committed the moft barbarous devaluations 6n the country* The fury of his maffacres and rav.iges enraged the northern nobility, who might othcrwife have been inclined to join him; and William earl of Albe- imrle, Robert de Ferrers, William I iercy, Robert de Brus, Roger Moubray, Ilbert Lacey, Waiter 1 iLipec, powerful barons in thofe parts, aflembled an army, with which they encamped at North-Allerton, and await ed the arrival of the enemy- A great battle was here fought called the battle of the Standard, from a high cru- 2 cifix, ereded by the Engliih on a waggon, and carried along with the army as a military enfign. The king of Scots was defeated, and he himfelf, as well as his fon Hen ry, narrowly eicaped falling into the hands of the Englilbi This fuccefs overawed the malcontents in England, and might have given fome (lability to Stephen s throne, had he not been ib elated with proiperity as to engage in a con- troverfy with the clergy, who were at that time an over match for any monarch. THOUGH the great power of the church in ancient times weakened the authority of the crown, atid interrupted the courfe of the laws, it may be doubted whether, in ages of fuch violence and outrage, it was not rather advantageous that fome limits were fet to the power of the fword, both in the hands of the prince and nobles, and that men were taught to pay regard to fome principles and privileges. The chief misfortune was, that the prelates on fome occa- fions acled entirely as barons, employed military power againft their fovereign or their neighbours, and thereby often encreafed thofe diforders which it was their duty to M ^* reprels. The bifhopof Salifbury, in imitation of the no bility, had built two ilrong catties, one at Sherborne, an other at the Devizes, and had laid the foundations of a third at Malmefbury ; His nephew Alexander, bilhop of Lincoln, had ereded a fortrefsat Newark : And Stephen, who was now fenfible from experience of the mifchiefs at- VOL. I. M m * W. M. . .in. j>. 180. 266 HISTORY OF ENGLAND. CHAP, tending thefe multiplied citadels, refolved to begin with VII. defiroyingthofe of the clergy, who by their function feem- v >, ed lefs intitled than the barons to fuch military fecuii- 1J 39- ties*. Making pretence of a fray which had arilen in court between the retinue of the bifhop of Salisbury and that of the earl of Britanny, he feized both that prelate and the bifhop of Lincoln, threw them both into prifon, and obli ged them by menaces to deliver up thofe places of ftrength which they had lately creeled f. HENRY bifhop of VVinchefler, the king s brother, being armed with a legantine commiffion, now conceived himfelf to be an ecclefiaftical fovereign no lefs powerful than the civil ; and forgetting the ties of blood which connected him with the king, he refolved to vindicate the clerical privi- 3oth Aug. le^es, which he pretended were here openly violated. He affembled a fynod at Wefhninfter, and there complained of the impiety of Stephen s meafures, who had employed violence againll the dignitaries of the church, and had not awaited the fentence of a fpiritual court, by which alone, he affirmed, they could lawfully be tried and condemned, if th- ir conduct had any wife merited cenfure or punifh- ment +. The fynod ventured to fend a fummons to the king, charging him to appear before them, and to jufiify his meafures |i ; and Stephen, inttead of refenting this in dignity, lent Aubrey de Vere to plead his caufe before that aflembiy. De Vere accufed the two prelates of treafon and fedition : but the fynod refufed to try the caufe, or examine their conduit, till thole caftles, of which they had been dtfpoflefled, were previoufly reftored to them**. The bilhopof Salilbury declared that he would appeal to the pope ; and had not Stephen and his partifans employed menaces, and even fhown a difpofition of executing vio lence by the hands of the foldiery, affairs had infiantly come to extremity between the crown and the mitre \ f. WHILE this quarrel, joined to fo many other grievan ces, encreafed the dilcontents among the people, the em- prefs, invited by the opportunity, and fecretly encouraged , f by the legate himfelf, landed in England, with Robert Infurreftion earl of Glocefler, and a retinue of a hundred and forty in favour of knights. She fixed her refidence at Arundel caftle, whole gates were opened to her by Adelais the queen-dowager, now married to William de Albini earl of Sufiex ; and fhe excited by meflengers her partifans to take arms in every county of England. Adelais, who had expected that her daughter-in-law would have invaded the kingdom with a much greater force, became apprehenfive of danger; * Gul. >. eubr. p. 362. f Chron. Sax. p. 238. W. Malmef. p. 181. + W. Ma .m. p. 182. || \V. Malm. p. iSa. M. Paris, p. 53. * \V. Malm. p. 183. ft Ibid. STEPHEN. 1.67 and Matilda, to eaie her of her fears, removed firft to Brit- CHAP, tol, which belonged to her brother Robert, thence to VII. Glocefter, where fhe remained under the protection of v . Milo, a gallant nobleman in thofe parts, who had embra ced her cj ule. Soon after Geoffrey Talbot, William Mo- hun, Ralph Lovel, William Fitz-John, William Fitz- Alan, Paganell,and many other barons, declared for her; and her pirty, which was generally favoured in the king dom, feemed every day to gain ground upon that of her antagonist. W T ERE we to relate all the military events tranfmitted to us by contemporary and authentic hiflorians, it would be eafy to Iwell our accounts of this reign into a large vo lume : But thole incidents, fo little memorable in them- felves, and fo confuted both in time and place, could af ford neither inftruction nor entertainment to the reader. Jt fuirices to fay, that the war was fpread into every quarter ; and that thole turbulent barons, who had already fhaken off, in a great meaiure, the reftraint of government, hav ing now obtained the pretence of a public caufe, carried on their devaluations with redoubled fury, exercifeH implacable vengeance on each other, and fet no bounds to their op- preifions over the people. The caftles of the nobility were become receptables of licenfed robbers ; who, fallying forth day and night, committed fpoil on the open country, on the villages, and even on the cities ; put the captives to torture, in order to make them reveal their treafures; fold their perfons to flavery ; and let fire to their houfes, after they had pillaged them of every thing valuable. The fiercenefs of their dilpoiition, leading them to commit wanton dcftruftion, fruftrated their rapacity of its purpofe; and the poverty and perfons even of the ecciefiaftics, gene rally fo much revered, were at laft, from neceflity, expo- fed to the lame outrage which had laid wafte the reft of the kingdom. The land was left untilied : the inilruments of husbandry weredeftroyed or abandoned ; and , grievous fa mine, the natural refult of thoie dilorders, affected equally both parties, and reduced the ipoilers, as well as the de- fencelefs people, to the moil extreme want and indi gence *. AFTER feveral fruittefs negotiations and treaties of n-je. peace, which never interrupted thefe deftrudtive hofiilities, there happened at laft an event, which feemed to promife tome end of the public calamities. Ralph, earl of Chef- * ter, and his half brother William de Roumara, partiians of Matilda, rud furprifed the caftle of Lincoln; but the * Cliron. Sax. p. 233. W. Malmjf. p. 185. Geft. ateph. p. 961. OF ENGLAND. C H A P. citizens, who were better afR 6ied to Stephen, having in-r VII. vir;*d him to their aid, that pnnce laid clofe fiege to the v >- caflle, in hopes of foon rendering himfelf mailer of the 1 * place, either by afTault or by famine. The earl of Glo- cefler haftened with an army to the relief of his friends; and Stephen, informed of his approach, took the field with , ,. 1T . a refolution of giving him ba tle. After a violent thock, sd Feb. the two wings of the rovalifts were put to flight ; and Ste phen hirnlelf, furrounded by the enemy, was at laft, after exerting great efforts of valour, borne down by numbers, Stephen an/ j ( a ] 4en prifon^r. He was conducted to GloceOer; and though at fi fl treated with humanity, was foon after, on fome fufpicion, thrown into prilon and loaded with irons. STEPHEN .I pasty was ent. rely broken by the captivity of their lead -r, and the barons came in daily from ah quar ters, and did homage to Matilda. 1 he princefs, however, amidl} ail her profperity, knew that (lie was not fecure of fuccefs, unlefs ihe could gain the confidence of the clergy; and as the conduct of the legate had been of late very am- bicruous, and (hewed his intentions to have rather aimed at humbling his brother, than totally ruining him, fheem- ploved every endeavour to fix him in hi. j r interefts. She 2d March, hgjd a conference with him in an open plain near Win- cheirer ; where the promifed upon oath, that if he would acknowledge her for ibvereign, would recogniie her title as the Ible defccndant of the late king, and would again Submit to tlie allegiance which he, as well as the reft of the kingdom, h.id fvvorn to her, he fhould in return be entire rnalter of the adminifiiation, and in particular fhould, at liis plenfure, difpofe of all vacant bifhoprics and abbies. Earl Robert, her brother, Brian Fit7>-Count, Milo of Glo- cefter, and other great men, became guarantees for her obierving thele engagements*; and the prelate was at laft induced to promife h, r allegiance, but that lliil burdened v/ith the expreis condition, that (he fhould on her part ful fil her promues. He then conducted her to Winchefler, Jed her in proceffion to the cathedral, and \vith great fo- lemnity, in the [ reience of many bifhop3*and abbots, de nounced curies again!} all thofe who curled her, poured out bleffingson thofe who blefled her, granted abfolution to 1 uch as were obedient to her, and excommunicated fuch as were rebelliousf. Theobald archbiihop of Canterbury foon after came allo to court, and iwore allegiance to the * V. Malm. p. if 7. fCliron. Fax. p. 2^2. Contln. Flor. \Vig.p. 6/0. * \V. Malmef. p. 1^7. STEPHEN. 269 MATILDA, that fhe might farther enfurc the attachment CHAT* of theclergv, was willing; to receive the crown from their VII. hands; and inftead of aflembiing the itates of the king- v -v dom, the mealure which the conftitution, had it been either ^. l, 4 , 1 fixed or regarded, leemed n< cefldriiy to require, the was CIOWne d, content, tint the legate iliouid iummon an eccleiiaftical fy- nod, and that her title to the thronethould there be acknow ledged. The legate, addreliing himfelf to the a (Terribly, told them, that in the abfence of the empiels, btephen his brother had been permitted to reign, and, previoullv to his amending the throne, had induced them by many fair pro- mi fes of honouring and exalting the church, of maintain ing the laws, and of reforming all abules: That it grieved him to obferve how much that prince had in every paiticu- lar been wanting to his engagements ; public peace was interrupted, crimes vere daily committed with impunity, biihops were thrown into prifon and forced to furrender their pofTedions, abbies were put to fale, churches were pillaged, and the moft enorATiousdifordeis pievailed in the adminiftration : That he himfelf, in order to p ocure a redrefs of theie grievances, had formerly fummoned the king before a council of biihops ; but inflead of inducing him to amend his conduct, had rather offended him by that expedient: That, how much foever mifg lided, that prince was Rill his brother, and the object of his affections ; but his interests, however, muft be regarded as fubcrdmate to thole of their heavenly Father, who had now rejected him, and thrown him into the hands of his enemies : That it principally belonged to the clergv to eledt and ordain kings ; he had fummoned them together for that purpofe ; and having invoked the divine affillance, he now pronoun ced Matilda the only defcendant of Henry, their late love- rei^n, queen of England. The whole alTembly, by their acclamations orfilence, gave, or leemed to give, their af- lent to this tied iratiori*. THE only laymen fummoned to this council, which de cided the fate of the crown, were the Londoners ; and even thefe were required not to give their opinion, but to fub- mit to the decrees of the fvnod. The deputies of London, however, were not fo paflive : They infilled that their king mould be delivered from prifon ; but were (old by the legate, that it became not the Londoners, who were regarded as noblemen in England, to t<ke part with Ihofe barons, who had bafely forfaken their lord in battle, and ^ <p . Malmci. p. iSR. This author, a judicious man, was piefen(, and .<>s t .-at lit a<; -ery attentive to what pailccl. J his Ij.ecch, therciuie, ma/ .u:cdas L-ntiicly genuine. 270 HISTORY OF ENGLAND. CHAP. w h had treated holy church with contumely*. It is with VII. reafon that the citizens of London affumed lo much autho- v rity,if it be true, what is related by Fitz-Stephen, a con- iJ-j 1 - temporary author, that that city could at this time bring in to the field no le!s than 80,000 combatants f. LONDON, notwithstanding its great power, and its at tachment to Stephen, was at length obliged to fubmit to Matilda ; and her authority, by the prudent conduct of carl Robert, feemed to be eftabliihed over the whole king dom: But affairs remained not long in this fituation. That princefs, befides the difadvantages of her (ex, which weak ened her influenceover a turbulent and martial people, was of a paflionate, imperious fpirit, and knew not how to tem per with affability the harfhnefs of a refufal. Stephen s queen, feconded by many of the nobility, petitioned for the liberty of her hufband ; and offered, that, on this con dition, he fhould renounce the crown, and retire into a convent. The legate defired that prince Euftace, his ne phew, might inherit Boulogne and the other patrimonial cflates of his father $: The Londoners applied for the eftabliihment of king Edward s laws, inftead of thofe of king Henry, which, they faid, were grievous and oppref- five||. All thefe petitions were rejected in the moft haugh ty and peremptory manner. THE legate, who had probably never been fincere in his compliance with Matilda s government, availed himfelf of the ill humour excited by this imperious conduct, and iecretiy inftigated the Londoners toarevolt4 A confpira- cy was entered into to feize the perfon of the emprefs; and fhe faved herfelf from the danger by a precipitate retreat. She fled to Oxford : Soon after fhe went to Winchefler ; whither the legate, defirous to lave appearances, and watch ing the opportunity to ruin her cauie, had retired. But having allcmbled all his retainers, he openly joined his force to that of the Londoners, and to Stephen s mercena ry troops, who had not yet evacuated the kingdom ; and he befieged Matilda in Winchcfter. The princefs, being hard preiled by famine, made her efcape; but in the flight * W. Malmef. p. 188. f f. 4. Were this account to be depended on, London muft at that time have conta.ne.1 near 400,000 inhabitants, which is above double the number it contained at the death of queen Elizabeth. But thefe loofe calculations, or ra her gueiies, defer- e ery little credit. Peter of Blois, a contemporary wri ter, and a man of Icnfe favs there were then only forty thouiand inhabitants in London, which is much more likely. See Epift. 151. What Fitz Stephen fays of the prodigious riches, fplendoui, and commerce of Loniion, proves only the great |x> erty of the otker towns of the kingdom, and indeed of all the nor thern paits of Europe. Broni|)ton, p. 1031. jj Contin. Flor. Wig. p. 677. Gervale, p. 1335. STEPHEN. 271 earl Robert, her brother, fell into the hands of the enemy. CHAP. This nobleman, though a fubjedl, was as much the life and VII. foul of his own party, as Stephen was of the other ; and >/ - - the emprefs, ienfible of his merit and importance, con- "4 U fented to exchange the piifoners on equal terms. The stephm civil war was again kindled with greater fury than ever. reieafed. EARL Robert, finding the fuccefles on both fides nearly balanced, went over to Normandy, which, during Ste phen s captivity, had lubmitted to the earl of Anjou ; and he perfuaded GeorFrey to allow his eldcft fon Henry, a young prince of great hopes, to take a journey into Eng land, and appear at the head of his partifans. This expe- , dition, however, produced nothing decifive. Stephen took Oxford after a long fiege: He was defeated by earl Robert at Wilton: And the emprels, though of a mafculine fpirit, yet being haraflfed with a variely of good and bad fortune, and alarmed with continual dangers to her perfon and fa mily, at laft retired into Xormandy, whither (he had lent 6> her fon feme time before. The death of her brother, which Cominuati- happened nearly about the fame time, would have proved onof lhe fatal to her interefts, had not fome incidents occurred, which checked the courfe of Stephen s profperity. This prince, finding that the caftles built by the noblemen of his own party encouraged the fpirit of independence, and were little lefs dangerous than thofe which remained in the hands of the enemy, endeavoured to extort from them a furrender of thole fortreffes ; and he alienated the af- feftionsof many of them by tins equitable demand. The artillery alfo of the church, which his brother had brought over to his fide, had, after fome interval, joined the other party. Eutjenius III. had mounted the papal throne ; the bifhop of Winchefler was deprived of the legantine com- miflion which was conferred on Theobald archbiihop of Canterbury, the enemy and rival of the former legate. That pontiff alfo, having fummoned a general council at Rheims in Champagne, inftead of allowing the church of England, as had been ufual, to elecl: its own deputies, no minated fiveEnglifh bilhops to reprefent that church, and required their attendance in the council. Stephen, who, notwithstanding his prefent difficulties, was jealous of the rights of his crown, refufed them permiffion to attend *; and the pope, fenfible of his advantage in contending with a prince who reigned by a difputed title, took revenge by laying all Stephen s party under an interdiclf. The dif- contents of the royalifts, at being thrown into this fituation, were augmented by a companion with Matilda s party, * Epift. St. Thom. p. 225. f Chron. \V. Thorn, p. igoj. 272 HISTORY OF ENGLAND. CHAP. wno enjoyed all the benefits of the facred ordinances J VII. and Stephen was at laft obliged, by making proper fubmif- Va tf * fions to the Ice of Rome, to refnove the reproach from his iM s - party*. THE weaknefs of both fides, rather than any decreafe 5 of mutual animofity, having produced a tacit cevlation of arms in England, many of the nobility, Roger de Mou- biav, William de Warenue, and others, finding no op portunity to exeit their military ardour at home, inlifted themielves in a new crufade, which with furprifing fuc- cefs, after former difappointments and misfortunes, was now preached by St. Bernardf. But an event foon after hap pened which threatened a revival of hoftilities in England. Prince Henry, who had reached his fifteenth year, was defirous of receiving the honour of knighthood ; a cere mony which every gentleman in that age pafled through before he was admitted to the ule of arms, and which was even deemed requifite for the grea.eft princes, lie inten ded to receive his admiflion from his great-uncle, David king of Scotland ; and for that purpofe he paffed through England with a great retinue, and was attended by the molt considerable of his partifans. He remained fome time with the king of Scotland ; made incurfions into England ; and by his dexteriiy and vigour in all manly exerciles, by his valour in war, and his prudent conduct in every occurrence, he roufed the hopes of his party, and gave iymptorns of thole great qualities which he afterwards difplayed when he mounted the throne of England. Soon ij-o. after his return to Normandy, he was by Matilda s con tent, inveiled in that dutchy ; and upon the death of his father Geoffrey, which happened in the lubfequent year, he took polleffion both of Anjou and Maine, and conclu ded a marriage, which brought him a great accefTion of power, and rendered him extremely formidable to his ri val. Eleanor, the daughter and heir of William duke of Guienne, and earl of Poiciou, had been married fixteen years to Lewis VII. king of trance, and had attended him in a crufade, which that monarch conducted againft the infidels: But having there loft theallections of her hufband, and even fallen under fome lufpicion of gallantry with a hand fome Saracen, Lewis, more delicate than polite, pro cured a divorce from her, and reflored her thofe rich pro vinces, which by her marriage ihe had annexed to the crown of France. YoungHenry, neither dilcouraged by the inequality of years, nor by the reports of Eleanor s gallantries, made fuccefsfulcouitlliip to that princels, and, * Epift. St. Thorn, p. 226. f Ka^ulft, p. 275, 076. STEPHEN.. 273 efpoufing her fix weeks after her divorce, got poflTeffion of C H A P. all her dominions us her dowry. The luftre which here- VII. ceived from this acquifition, and the profpect of his rifing v fortune, had fuch an effect in England, that when Stephen, ll 2 defirous to enfure th-r crown to his ion Euftace, required the archbiihop of Canterbury to anoint that prince as his fucceiTor, the primate refuted compliance, and made his efcape beyond iea, to avoid the violence and refentment of Stephen. HENRY, informed of fhefe difpofitions in the people, ,,,, made an invafion on England : Having gained ibme ad vantage over Stephen at Malmcfbury, and having taken that place, he proceeded thence to throw fuccours into Wallingfordi which the king had advanced with a fuperior armv to befiege. A decifivc aftion was every day expec ted ; when the great men of both fides, ternficd at the profpect of farther blood (lied and confufion, interpofed with their good ofHces, and fet on foot a negotiation be tween the rival princes. The death of Euftace, during th-e courfe of the treaty, facilitated its conclufion : An ac commodation was fettled, by which it was agreed, that compromife Stephen fliould poffefs the crown during his lifetime, that between juftice (hould be adminiftcred in his name, even in the the k n provinces which had fubmitted to Henry, and that this Henry" " latter prince mould, on Stephen s demife, fucceed to the kingdom, and William, Stephen s fon, to Boulogne and his patrimonial eilate. After all the barons had Iworn to the oblervance of this treaty, and done homage to Henry, as to the heir of the crown, that prince evacuated the kingdom; and the death of Stephen, which happened the t (, e king. next year, after a fhort illnefs, prevented all thofe quarrels i>54 and jealoufies, which were likely to have enfued in fo de- Oc:t * a5 licate a fituation. ENGLAND fuffered great miferies during the reign of this prince : But his perfonal charater, allowing for the temerity and injufticc of hisufurpation, appears not liable to anv great exception ; and he feems to have been well qualified, had he fucceeded by a juft title, to have promot ed the happinefs and profperity of his fubjecls*. He was pofleffed of induilry, activity and courage, to a great de gree; though not endowed with a found judgment, he was not deficient in abilities ; he had the talent of gaining men s atfe6lions; and, notwithstanding his precarious fitu ation, he never indulged himfelf in the exercile of any VOL. I. N n * W. Malmef. p. 180. 274 HISTORY OF ENGLAND. CHAP, cruelty or revenge f. His advancement to the throne pro- VII. cured him neither tranquillity nor happinefs; and though <- v the fituation of England prevented the neighbouring ftates 1J M- from taking any durable advantage of her confufions, her inteftine diforders were to the laft degree ruinous and def- tru6live. The court of Rome was alfo permitted, during thofe civil wars, to make farther advances in her ufurpa- tions; and appeals to the pope, which had always been ftrilly prohibited by the Englifh laws, became now com mon in e-very ecclefiaftical controverfy J. M. Paiis, p. 51. Hagul. p. 312. J H^ Hunt. p. 395. 275 CHAP. VIII, HENRY II. State of Europe of France Fir/} afls of Henry s government Difputes between the civil and ecdefiaf- tical powers Thomas a Becket, archbijhop of Can terbury Quarrel between the king and Becket Corjiitutions of Clarendon BaniJIiment of Becket Compromise with him His return from banifh- ment His murder Grief and fubmifjion of the king. TH E extenfive confederacies, by which the European p jj A n potentates are now at once united and let in oppofiti- VIII on to each other, and which, though they are apt to dif- >. ^ fufe the lead fpark of diflenfion throughout the whole, are n 54 . at lead: attended with this advantage, that they prevent Stats of any violent revolutions or conqueits in particular flates, - wiope were totally unknown in ancient ages ; and the theory of foreign politics in each kingdom formed a ipeculation much lefs complicated and involved than at prefent. Commerce had not yet bound together the moft diflant nations in ib clofe a chain : Wars, fin ilned in one campaign and often in one battle, were little affected by the movements of remote ftatcs: The imperfect communication among the king doms, and their ignorance of each other s fituation, made it impracticable for a great number of them to combine in one project or eiFott : And above all, the turbulent fpirit and independent fituation of the barons or great valfals in each ftate gave fo much occupation to the fovereign, that he was obliged to confine his attention chiefly to his own (late and his own fyftem of government, and was more indifferent about what palled among his neighbours. Re- - <*, 2 7 5 HISTORY OF ENGLAND. C H A P. ligion alone, not politics, carried abroad the views of prin- VIII. ces; while it either fixed their thoughts on the Holy Land, <~ ., whole conqueft and defence was deemed a point of com- t 1J 5-!- mon lionour and intereit, or engaged them in intrigues with the Roman pontiff, to whom they had yielded the direction of ccclefiafiical aitairs, and who was everyday afTuming more authority than they were willing to allow him. BEFORE the conqueft of Enghnd by the duke of Nor mandy, this iiland was as much ieparated from the rell of the world in politics as in fituation ; and except from the inroads of the Daniih pirates, the Engliih, happily confin ed at home, had neiiher enemies nor allies on the continent. The foreign dominions of William connected them with the king and great vaflfals of France ; and while the op- pofite pretenfioris of the pope and emperor in Italy pro duced a continual intercourfe between Germany and that country, the two great monarchs of France and England formed, in another part of Europe, a feparate fytfem, and carried on their wars and negotiations, without meeting either with opposition or fupport from the others. ON the decline of the Carlovingian race, the nobles in every province of France, taking advantage of the weak- nefs of the ibvereign, and obliged to provide, each for his own defence, againrt the ravages of the Norman freeboo ters, had all umed, both in civil and military aifaiis, an authority almoft independent , and had reduced within very narrow limits the prerogative of their princes. The ac- ceilion of Hugh Capet, by annexing a great fief to the crown, had brought fome addition to the royal dignity ; but this fief, though confiderable for a fubjeci, appeared, a narrow bafis of power for a prince who was placed at the head of fo great a community. The royal demefnes con- fifted only of Paris, Orleans, Eftampes, Compiegne, and a few pkices fcattered over the northern provinces : In the reft of the kingdom, the prince s authority was rather nominal than real : The vaflals were accuftomed, nay en titled, to make war without his permiffion on each other: They were even entitit-d, if they conceived themlel.ves injured, to turn their arms againil their ibvereign : They exerciied all civil jurifdiction, without appeal, over their tenants and inferior vaflals: Their common jealoufy of the crown eafily united themagainft any attempt on their ex orbitant privileges ; and as fome of them had attained the power and authority of great princes, even the fmallefl: baron w^s fure of immediate and effectual protection. Ee- fides fix ecclefiaftical peerages, which, with the other iiumuimies of the church, cramped extremely the general HENRY II. 277 execution of juftice; there were fix lav peerages, Burgun- CHAP, dy, Normandy, Guienne, Flanders, Touloufe, and Cham- VIII. pagne, which formed very extenfive and puitlant fovereign- v * ties. And though the combination of all thofe princes 1I5 4 and barons could, on urgent occafions, mufler a mighty power ; yet was it verv difficult to fet that great machine in movement ; it wasalmoft impoffible to preierve harmony in its parts ; a fenfe of common intereft alone could, for a time, unite them under their fovereign againft a common enemy ; but if the king attempted to turn the force of the community againft any mutinous vaflal, the lame fenfe of common intereft made the others oppoie themfelves to the fuccefs of his prettnfions. Lewis the Grols, the laft fove reign, marched at one time to his frontiers againfl the Ger mans at the head of an army of two hundred thoufand men; but a petty lord of Corbeil,of Puifet, of Couci, was able, at another period, to fet that prince at defiance, and to maintain open war againft him. THE authority of theEnglifh monarch was much more extenfive within his kingdom, and the disproportion much greater between him and the moft powerful of his vaflals. , His demefnes and revenue were large, compared to the greatnefs of hisftate: He was accuftomed to levy arbitra ry exactions on hisiubje^s : His courts of judicature ex tended their jurisdiction into every part of the kingdom : He could crufh by his power, or by a judicial ientence, well or ill founded, any obnoxious baron : And though the feudal inftilutions which prevailed in his kingdom, had the fame tendency as in other ftates, to exalt the ariftocra- cy and depreis the monarchy, it required, in England, ac cording to its preient conftitution, a great combination of the vaffals to oppofe their fovereign lord, and there had not hitherto ariten any baron fo powerful as of himfelf to levy war againft the prince, and afford protection to the inferior barons. WHILE fuch were the different fituations of France and England, and the latter enjoyed fo many advantages above the former ; the accedion of He-niy II. a prince of great abilities, poffeffcd of fo many rich provinces on the con tinent, might appear an event dangerous, if not fatal, to the French monarchy, and fufficient to break entirely the balance between the ftates. He was mafter, in the right of his father, of Anjoa and Touraine ; in that of his mother, of Normandy and Maine; in that of his wife, of Guienne, Poictou, Xaintogne, Auvergne, Perigoid, An- gotrnois, the Limoufin. He foon after annexed Britanny to his other flutes, and was already poflefled of the fuperi- ority over that province, which, on ihe firft ceflion of 278 H I S T O R Y O F E N G L A N D. CHAP. Normandy to Rollo the Dane, had been granted by Charles VIII. the Simple in vaflalage to that formidable ravager. v- u Thefe provinces compoiVd abo-ve a third of the whole 11 :4- French monarchy, and were much fuperior in extent and opulence to thofe territories which were fubjefted to the immediate jurifdi6tion and government of the king. The valla! was here more powerful than h*s liege lord : The fituation which had enabled Hugh Capet to depofe the Carlovingian princes, feemedto be renewed, and that with much greater advantages on the fide of the vaflal : And when England was added to fo many provinces, the French king had reafon to apprehend, from this conjuncture, fome great difafier to himfelf and to his family. But, in reali ty, it vras .this circumftance, which appeared fo formida ble, that laved the Capctian race, and by its confequences exalted them to that pitch of grandeur which they at prer- lent enjoy. THR limited authority of the prince in the feudal con- ftitutions, prevented the king of England from employing with advantage the force of fo many ftates, which were fubjected to his government ; and thefe different members, disjoined in fituation, and disagreeing in laws, language, and manners, were never thoroughly cemented into one monarchy. He foon became, both from his diftant place of refidence, and from the incompatibility of inter efts, a kind of foreigner to his French dominions; and his fub- jetftson the continent confidered their allegiance as more naturally due to their fuperior lord, who lived in their neighbourhood, and who was acknowledged to be the fu- preme head of their nation. He was always at hand to invade them; their immediate lord was often at too great a distance to protect them; and any diforder in any part of his difperfed dominions gave advantages again!} him. The other powerful vaflals of the French crown were rather pleafed to fee the expulfion of theEnglifh, and were not afledted with that jealoufy, which would have ariferj from the oppreffion of a co-vaual who was of the fame rank with themfelves. By this means, the king of France found it more eafy to conquer thofe numerous provinces from England, than fo fubdue a duke of Normandy or Guienne, a count of Anjou, Maine, or Poiclou. And after reducing fiich extenfive territories, which immediately incorporated with the body of the monarchy, he found greater facility in uniting to the crown the other great fivrfs which ftill re mained fe pa rate and independent. Bu r as thefe important confequences could not be fore- feen by human wjfdorn, the king of France remarked with terror the rifing grandeur of the houfe of Anjou or Plan- HENRY II. 279 tagenet ; and, in order to retard its progrcfs, he had ever C II AT. maintained a ftricl union with Stephen, and had endeavour- V1I1. ed to iupport the tottering fortunes of that bold ulurper. v But after this prince s death it was too late to think 11 5<- of oppofing the lucceffion of Henry, or preventing the performance of thofe flipulations which, with the unani mous confent of the nation, he had made with his prede- ceffor. The Englifh, harafled with civil wars, and difguf- ted with the bloodfhed and depredations which, during the courfe of fo many years, had attended them, were little difpofed to violate their oaths, by excluding the lawful heir from the lucceffion of their monarchy *. Many of the inoft considerable fortrefies were in the hands of his partifans ; the whole nation had had occafion to lee the noble qualities with which he was endowed "f, and to compare them with the mean talents of William, the fon of Stephen; and as they were acquainted with his great power, and were ra ther pleated to lee the acceffion of lo many foreign domini ons to the crown of England, they never entertained the leaft thoughts of rending them. Henry himfelf, fenfible of the advantages attending his prefent fituation, was in no hurry to arrive in England; and being engaged in the fiege of a caftle on the frontiers of Normandy, when he received intelligence of Stephen s death, he made it a point of honour not to depart from his enterprife, till he had brought it to an iffue. He then fet out on his journey, and was received in England with the acclamaiionsof all or ders of men, who iwore with pleafure the oath of fealty Sth Dcc and allegiance to him. THE firft act of Henry s government correfponded to the Firft ads high idea entertained of his abilities, and prognofticated of ^enry s the re-eftablifhment of juftice and tranquillity, of which gov the kingdom had fo long been bereaved. He immediately dii miffed all thofe mercenary foldiers who had committed great diforders in the nation; and he fent them abroad, together with William of Ypres, their leader, the friend and confident of Stephen J. He revoked all the grants made by his predeceflbr ||, even thofe which neceffity had extorted from the emprefs Matilda ; and that princefs, who had refigncd her rights in favour of Henry, made no oppofition to a meafure fo necellary for lupporting the dignity of the crown. He repaired the coin, which had been extremely debafed during the reign of his predecef- for ; and he tdbk proper meafures againft the return of a like abufe**. He was rigorous in the execution of juf- * Matth. Paris, p. 65. f Gul. Neubr. p. 3 Si. t Fiu-Steph. p. jj, M. Paris, p. 65. Neubr. p. jSr. Chron. T. Wyhes, p. 30. ; Keubr. p. 382. ** Hoveden, p. .491. 28o HISTORY OF ENGLAND. CHAP, tice, an J in the fuppreffion of robbery and violence ; and VIII. that he might reftore authority to the laws, he caufed all v > the new-erected caftles to be demolimed, which had proved I1 54- fomany fanduaries to freebooters and rebels*. The earl of Albemarle, Hugh Mortimer, and Roger the fon of Milo of Glocefler, were inclined to make fome refiftance to this falutary meafure ; but the approach of the king with his forces foon obliged them to fubmit. , I5 5. EVERY thing being reflored to full tranquillity in Eng land, Henry went abroad in order to oppofe the attempts of his brother Geoffrey, who, during his abfence, had made an incurfion into Anjou and Maine, had advanced iome prctenfions to thole provinces, and had got pofleflion of a confiderable part of themf. On the king s appear ance, the people returned to their allegiance ; and Geof- frey, refigning his claim for an annual penfiori of a thou- fand pounds, departed and took polTeifton of the county of N.-intz, which the inhabitants, who had expelled count Hoel their prince, had put into his hands. Henry returned to England the following year : The incurfionsof the We 1m. then provoked him to make an invafion upon them ; where the natural faftneflcs of the country occasioned him great difficulties, and even brought him into danger. His van guard, being engaged in a narrow pafs, was put to rout : Henry de Etlex, the hereditary ftandard-bearer, feized with a panic, threw down the ftandard, took to flight, and exclaimed that the king was (lain: And had not the prince immediately appeared in perion, and led on his troops with great gallantry, the coniequence might have proved fatal to the whole army } For this milbehaviour, EiTex was afterwards accufed of felony by Robert de Montfort ; was vanquifhed in (ingle combat ; his eftate was confifcated ; and he himfelf was thruft into a convent ||. The fubmif- fions of the WeHh procured them an accommodation with England. The martial difpofition of the princes in that age enga- gedthem to head their own armies in every enterprifc, even the moft frivolous ; and theii feeble authority made it com monly impra<5ticable for them to delegate, on occafion, the command to their generals. Geoffrey, the king s brother, died foon after he had iCquiredpofTiflion of Nantz: Though he had no other title to that county t.ian the voluntary iub- midkm or election of the inhabitants two years before, Henry laid claim to the territory as devolved to him by * Ho-eden, n. 49--. Fitz-Steph. p. 13. M. Paris, p. 65. Neubr. p. 381. Brompton, p. i- -n- t See note f;j a ;he end of the volume. J Neubr. p. 383. Chron. W. Heiniiig.p. 492. || M. Paris, p. 70. Neubr. p. jSj. HENRY IL 281 hereditary right, and he went over to fupport his preten- CHAP, lions by force of arms. Conan, duke or earl of Britanny V1I1. (for thefe titles are given indifferently by hiftorians to thole * * -* princes), pretended that Nantz had been lately Separated u -> 8 by rebellion from his principality, to which of right it be longed; and immediately on Geoffrey s death he took pofleffion of the difputed territory. Left Lewis the French king Ihould interpofe in the controverfy, Henry paid him aviiit; and fo allured him by careffes and civilities, that an alliance was contracted between them; and they agreed that young Henry, heir to the English monarchy, fhould be affianced to Margaret of France ; though the former was only five years of age, the latter was ftill in her cradle. Henry, now fecure of meeting with no interrup tion on this fide, advanced with his army into Brittanny ; and Conan, in defpair of being able to make refinance, delivered up the county of Nantz to him. The able con- duel of the king procured him farther and more important advantages from this incident. Conan, harafled with the turbulent difpofition of his fubjects, was defirous of pro curing to himfelf the fupport of fo great a monarch ; and he betrothed his daughter and only child, yet an infant, lo Geoffrey the king s third fon, who was of the fame ten der years. The duke of Britanny died about feven years after ; and Henry, being ?/iefne lord, and alfo natural guardian to his fon and daughter-in-law, put himfelf in poflcffion of that principality, and annexed it for the prc- Icnt to his other great dominions. THE king had a profpet of making flill farther acqui- 1I59% fitions ; and the activity of his temper fufFered no oppor tunity of that kind to efcape him. Philippa, duchefs of Guienne, mother of queen Eleanor, was the only iffue of William IV. count of Touloufe; and would have inhe rited his dominions, had not that prince, defirous of pre- fervingthe fucceflion in the male-line, conveyed the prin cipality to his brother Raymond de St. Gilles, by a con tract of fale which was in that age regarded as fictitious and illufory. By this means the title to the county of Tou loufe came to be difputed between the male and female heirs; and the one or the other, as opportunities favoured them, had obtained poflefiion. Raymond, grandfon of Raymond, de St. Gilles, was the reigning fovereign; and on Hen ry s reviving his wife s claim, this prince had recourfe for protection to the king of France, who was fo much con cerned in policy to prevent the farther aggrandizement of the Englifh monarch. Lewis himfelf, when married t Eleanor, had aflerted the juftice of her claim, and had de- VOL. 1. Co 282 HISTORY OF ENGLAND. CHAP, manded poffeffion ofTouloufe*; but hisfentiments chang- VIII. ing with his infereft, he now determined to defend by his v v power and authority the title of Raymond. Henry found that 11 59 it would he requiHteto fupport his pretcnfions againft potent antagonifts ; and that nothing but a formidable army could maintain a claim which he had in vain aflerted by argu ments and maiiifeltos. AN army, compoied of feudal vafTals, was commonly very intractable and undifciplined, both becaufe of the in dependent ipirit of the perfons who ierved in it, and be caufe tl.e commands were not given, either by the choice of the fovereign,or from the military capacity and expe rience of the officers. Each baron conducted his own vaf- fais : His rank was greater or lefs, proportioned to the extent of his property: Even the fuprerne command under the prince was often attached to birth : And as the milita ry vafTals were obliged to ferve only forty days at their own charge; though, if the expedition were diftant, they were put to great expence ; the prince reaped little benefit from their attendance. Henry, fenfible of thefe incotne- niencies, levied upon his vaflals in NIormandv, and other provinces which were remote from Touloule, a fum of money in lieu of their fervice ; and this commutation, by reafon of the great diftance, wasftill nrK re advantageous to his Englifh vaHals. He impofed, therefore, a Icutage of i8cv>oo pounds on the knight s fees, a commutation to which, though it was unufual, and the firft perhaps to be met with in hiftoryf, the military tenants willingly Sub mitted ; and with this money he levied an army which was mote under his command, and whofe fervice was more du rable ar.d conftant. Affifted by Berenger count of Barce lona, and Trincaval count of Nifmes, whom he had gain ed to his party, he invaded the county of Touloufe ; and after taking Verdun, CafHenau, and other places, he belieged the capital of the province, and was likely to prevail in the enterprise; when Lewis, advancing before the arrival of his main body, threw himlelf into the place with a fmall reinforcement. Henry was urged by ibme of his miniflers to profecute the fiege, to take Lewis pri- fbner, and to impote his own terms in the pacification ; but he either thought it fo much his intereft to maintain the feudal principles, by which his foreign dominions were fecured, or bore fomuch refpeft to his fuperior lord, that he declared he would not attack a place defended by him Neubr. p. 387. Chron. W. Heming. p. 494. f Madox, p. 4J5. Gcrvafe, p. 1381. See note [P] at the end of tie volume. HENRY II. 283 in pcrfon ; and he - mniediately railed the fiege*. He c H A P. marched into Normandy to protect that province againfi an VIII. incurfion which the count of Dreux, inftigated by king v Lewis hs brother, hjd made upon it. War was now open- ll ^9- ly carried on between the two monarchs, but produt ed no memorable event : It loon ended in a ceflution of arms, and that followed by a peace, which was not, however, attended with any confidence or good correspondence be tween thofe rival princes. The fortrefs of Lrilbrs, being part of the dowry ftipulated to Margaret of France, had II6 * been configned by agreement to the knights templars, on condition that it thou d be delivered into Henry s hands after the celebration of the nuptials. The king, that he might have a pretence for immediately demanding the place, ordered the marriogi to be Iblemnized between the prince and princefs, though both infantsf ; and he en gaged the grand-mailer of the templars, by large prefents, as was generally fufpecled, to put him in podeifion of GiforsJ. Lewis, referring this fraudulent conduct, banim- ed the templars, and would have made war upon the u g u king of England, h;id it not been for the mediation and authority of pope Alexander III. who had been chaled from Rome by the anti pope Viclor IV. and refided at that time in France. That we may form an idea of the authority polIeiTed by the Roman pontirFduring thofe ages, it may be proper to obferve that the two kings had, the year before, met the pops at the caftle of Torci on the Loir ; and they gave him fuch marks of tefpeCt, that both difmounted to receive him, and holding each of them one of the reins of his bridle, walked on foot by his fide, and conducted him in that fubmiffive manner into the caftle If. Afp- tlaclc, cries Baronius in an ecftacy, to God, angels, and men ; and fuck as had never before been exhibited to the world! HENRY, foon after he had accommodated his differences with Lewis by the pope s mediation, returned to England ; where he commenced an enterprise, which, though re quired by found policy, and even conducted in the main with prudence, bred him great difquietude, involved him in danger, and was not concluded without fame lot s and difhonour. * Fitz-Sieph. p. 22. Dicero, p. 531. f Hoveden, p. ^g j. Neubr. p. 400. Diceto. p. >jf. Brornpton. p. i<j5j. * S nee the tirft publication of this hiftory, Lout uvttflton has piiblilh. .l j co jpyof the treaty between Henry and Lew;;-, by \vhch it apjiejrs. if tli.-. vas no fecret article, that Henry wax not ^jiliy ol ny irauilln ihil trjnftc- flon. * Ttivet, p. .jS. 284 HISTORY OF EN GLAND. CHAP. THE ufurpations of the clergy, which had at firft been VIII. gradual, were now become fo rapid, and had mounted to v > fuch a height, that the conteft between (he regale and pon- Dif nnes tificale was really arrived at a crifis in England; and it be- bct-.veen the came neceflary to determine whether the king or the civil and priefls, particularly the archbifhop of Canterbury, fhould powert^ be Sovereign of the kingdom*. The alpiring fpirit of Henry, which gave inquietude to all his neighbours, was not likely lonh; to pay a tame fubmiffion to the encroach ments of fubjecls ; and as nothing opens the eyes of men fo readily as their intereft, he was in no danger of falling, in this refpeft, into that abject fuperftition which retained his people in fuhjeclion. From the commencement of his reign, in the government of his foreign dominions, as well as of England, he had fhown a fixed porpole to reprefs clerical ufurpations, and to maintain thofe prerogatives which had been tranfmitted to him by his predeceffors. During the fchifm of the papacy between Alexander and Vitor, he had determined, for (bme time, to remain neu ter : And when informed that the archbiihop of Rouen and the bifhop of Mans had, from their own authority, acknowledged Alexander as legitimate pope, he was fo enraged, that though he fpared the archbifhop on account of his great age, he immediately ifTued orders for over throwing the houfcs of the bifhop of Mans and archdea con of Rouen f ; and it was not till he had deliberately examined the matter, by thofe views which ufually enter into the councils of princes, that he allowed that pontiff to exercife authority over any of his dominions. In Eng land, the mild character and advanced years of Theobald, archbifhop of Canterbury, together tvith his merits in re- fufmgto put the crown on the head of Euftace, fon of Ste phen, prevented Henry, during the lifetime of that pri mate, from taking any meafures againft the multiplied encroachments of the clergy : But after his death, the king refolved to exert himfelf with more activity ; and that he might be fecure againft any oppofition, he advanced to that dignity Bccket, his chancellor, on whofe compli ance bethought he could entirely depend. jun;3. THOMAS A BECKET, the firft man of Engfifri clcfcent Thomas a who, fince the Norman conqueft, had, during the courfe frThbifiiop Q f a wn ^ e century, rifen to any confiderabie ftation, was of earner- born of reputable parents in the city of London; and *uT being endowed both with induftry and capacity, he early infmuated himfelf into the favour of archbifhop Theobald, * Fitz-Stephen, p. 27. t See note CJ at the encTof the volume. HENRY II. 285 and obtained from that prelate fome preferments and offi- CHAP, ces. By their means he was enabled to travel for improve- VIII. ment to Italy, where he ftudied the civil and canon law at > Bologna ; and on his return he appeared to have made fuch 11<j2 " proficiency in knowledge , that he was promoted by his patron to the archdeaconry of Canterbury, an office of con- fiderable truft and profit. He was afterwards employed with fuccefs by Theobald in tranfafting bufinefs at Rome; and on Henry s acceffion he was recommended to that monarch as worthy of farther preferment. Henry, who knew that Becket had been inftrumental in fupporting that refolution of the archbifhop, which had tended fo much to facilitate his own advancement to the throne, was alrea dy prepotTefled in his favour ; and finding, on farther ac quaintance, that his fpirit and abilities entitled him to any truft, he foon promoted him to the dignity of chancellor, one of the firft civil offices in the kingdom. The chan cellor, in that age, befides the cuftqdyof the great feal, had pofifeffion of all vacant prelacies and abbie;- ; he was the guardian of all fuch minors and pupils as were the king s tenants ; all baronies which efcheated to the crown were under hisadminiftration ; he was entitled to a place in council, even though he were not particularly fummon- ed ; and as he exercifed alfo the oflice of fecretary offtate, and it belonged to him to countersign all comrniiF.ons, writs, and letters-patent, he was a kind of prime minifter, and was concerned in the difpatch of every bufinefs of impor tance*. Befides exercifing this high office, Becket, by the favour of the king or archbifhop, was made provoil of Beverley, dean of HafHngs, and conftable of the Tower: He was put in poffeffion of the honours of Eye and Berk- ham, large baronies that had efcheated to the crown : And to compjete his grandeur, he was entrufted with the edu cation of prince Henry, the king s eldeft fon, and heir of the monarchyf. The pomp of his retinue, the fumptu- oufnefs of his furniture, the luxury of his table, the muni ficence of his prefents, correfponded to thefe great pre ferments ; or rather exceeded any thing that England had ever before feen in any fubjedh His hiflorian and fecre tary, Fitz- Stephens:!:, mentions, among other particulars, that his apartments were every day in winter covered with clean ftra\v or hay, and in fummer with green rufhes or boughs; left the gentlemen who paid court to him, and who could not, by reafon of their great number, find a place at table, fhould foil their fine clothes by fitting on * Fitz-Steph. p. 13. f IbU. p. 15. H .j. ;. i ;. + i 5 - 15. 2S5 HISTORY OF ENGLAND. C H A P. a dirty floor*. A great number of knights were retained VIII. i:i his fervice ; the gre.iteft barons were proud of being ; at his table; h : s houfe was a place of education for the Il62> /bus of the chief nobility; and the king himfelf frequent ly vouchsafed to partuke of his ent-rfainments. As his w:v of life was fplendid and opulent, his amufements and occupations were gav and partook of the cavalier Ipirit. which, as he hid only taken deacon s orders, he did not think unbefitting his character. He employed himfelf at leisure hours in hunting, hawking, gaming, and horle- manihip ; he expofed his perfon in feveral military acii- ons 4- ; he carried over, at his own charge, feven hundred knights to attend the king in his wars at Touloufe ; in the fubfeoM -nt \vars on the frontiers of Normandy he main tained, during forty days, twelve hundred knights, and fo-.T tl oufand of their train! J a "d in an embaffy to France, \vith vhioh he was entrufted, he aftoniihed that court by the number and magnificence of his retinue. HENRY, befides committing all his more important bufi- nefs to Bccket s management, honoured him with his friendfhio and intimacy ; and whenever he was difpofed to relax himfelf by fports of any kind, he admitted his chancellor to the partyll. An inftance of their familia rity is me. tioned by Fitz Stephens, which, as it fhows the manners of the age, it may not be improper to relate. One day, as the king and the chancellor were riding together in the ftreets of London, thevobferved a beggar who was ihivering with cold. \Vould it not be very praife-worthy, faid the king, to give that poor man a warm coat in this fevere feafon? It would, fureiv, replied the chancellor; md you do well, Sir, in thinking of fuch good actions. Then he (hall have one prefently, cried the king: And feizing the fkirt of the chancellor s coat, which v, r as fear- let, and lined with ermine, began to pull it violently. The chancellor defended himfelf for fome time: and they had both of them like to have tumbled ofF their horfes in the ftreet, when Becket, after a vehement druggie, let go his coat ; which the king heftowed on the beggar, who, being ignorant of the quality of the perfons, was not a little furprifed at the preient**. * John Baldwin held the manor of Oterasfce in Aylfbury of he kin? in foe- cage, by the ferrice of finding litter for the king s bed, viz in fummer, erafs or herbs, and two grev geefe; am! in winter, ftraw, and three eels, thrice in the year, if the kins fliould come thrice in the year to Aylelbury. Mado*, Bar. Anglica, p. 247. t Fitz-Steph. p. 23. Hift. Quad. p. 9. i Fitz Stephen, p. 19, ao. 22, 23. jj Ibid. D. 16. Hift. Quad. p. g. ** Fiu-Step n. p. 16. HENRY II. BECKET, who by his complaiiance and good-humour had rendered himlelf agreeable, and by his imJuflry and abilities ufeful to his n.ailer, appeared to him the fitteft perfon for fupplying the vacancy made bv the death of Theobald. As he was well acquainted with the kirg s intentions* of retrenching, or rather confining within ihe ancient bounds, all ecclefiailical privileges, and always Ihowed a ready dil pofition to comply with themf, henry, who never expected any refinance from that quartet, imme diately iffued orders for elect ng him archbilhep of Canter bury. Bui this relblution, which was taken contraty to the opinion of Matilda, and many of the mirtifters$, drew after it very unhappy conlequences; and never prince of fo great penetration appeared in the idue lo have io little understood the genius and character of his minittcr. No fooncr was Becket initalled in this high dignity, which rendered him for life the fecond perfon in the king dom, with fome nretenfions of alpiring to be the rirfl, than he totally altered his demeanor and conduct, and endea voured to acquire the character of fanclity, of which hisfor- mer buly and oltentatious courfe of life mighf, in the ev es of the people, have naturally bereaved him. Without confulting the king, he immediately returned into his hands the commiffion of chancellor ; pretending; that he muft thenceforth detach himfelf from fecular affairs, and be folely employed in the exercife of his fpi ritual function ; but in reality, that he mi^ht break off all connections with Henry, and apprife him that Becket, as primate of Eng land, was now become entirely a new perionage. He maintained, in his retinue and attendants alone, his anci ent pomp and luflre, which was uleful to ilrike the vul gar : In his own perfon he affected the greatetl auflerity and moft rigid mortification, which he was ieufibie would have an equal or a greater tendency to the fatre end. He wore lack-cloth next his fkin, which, by his affected care to conceal it, was necelTarily the more remarked by all the world: He changed it fo feldom, that it waj.fi! cd with dirt and vermin : His uiual diet was bread ; his diink water, which he even rendered farther unpalatable by the mixture of unfavoury herbs: He to e his back with the frequent difcipline which he inflicted on it: He daily on his knees warned, in imitation of Chrift, the feet of thir teen beggars, whom he afterwards difmilTed with prefentsll: He gained the affections of the monks by his frequent charities to the convents and hofpitals: Every one who * Fitz-Steph. p. 17. f Ibid. p. 23. Epift. St. Thorn, p. 232. $ Epift. Sc. Thorn, p. 167. |j Fitz-Stcpli. p. 25. Hid. C^uatl. p. 19, 2 8S HISTORY OF ENGLAND. CHAP, made profeflion of fanctity was admitted to his converfa- VIII. tion, ar "d returned full of panegyrics on the humility, as v t well as on the piety and mortification of the holy primate : 1162. He feemed to be perpetually employed in reciting prayers and pious lectures, or in perufing religious difcourfes : His aipect wore the appearance of ferioufnefs, and mental recollection, and fecret devotion : And all men of pene tration plainly faw that he was meditating fome great defign, and that the ambition and oftentation of his cha racter had turned itfelf towards a new and more dangerous object. rlf -j. BECKET waited not till Henry fhould commence thofe fkiarrei projects againft the ecclefiaftical power, which he knew between the j )a( j been f orm ed by that prince : He was himielf the as king and n , , , , . , . . , , Bscket. gretlor ; and endeavoured to overawe the king by the in trepidity and boidnefs of his enterprifes. He fummoned the earl of Clare to Surrender the barony of Tunbridge, which ever fince the conqueft had remained in the family of that nobleman ; but which, as it had formerly belonged to the fee of Canterbury, Beclcet pretended his predecef- lors were prohibited by the canons to alienate. The earl of Clare, betides the lufire which he derived from the greatnefs of his own birth and the extent of his pofleffions, \vas allied to all the principal families in the kingdom ; his fifter, who was a celebrated beauty, had farther exten ded his credit among the nobility, and was even fup- pofed to have gained the king s affections ; and Becket could not better difcover, than by attacking fo powerful an intereft, his refolution of maintaining with vigour the rights, real or pretended, of his fee *. WILLIAM de Eynsford, a military tenant of the crown was patron of a living which belonged to a manor that held of the archbifhop of Canterbury ; but Becket, with out regard to William s right, prcfented, on a new and! legal pretext, one Laurence to that living, who was vio lently expelled by Eynsford. The primate making him ielf, aswasufual in fpiritual courts, both judge and party, iffued, in a fummary manner, the fentence of excommu nication againft -Eynsford, \vho complained to the king that he who held in capitc of the crown fhould, contrary to the practice eftablifhed by the Conqueror, and maintain ed ever fince by his fucceflbrs, be fubjected to that ter rible fentence, without the previous confent of the fove- reignf. Henry, who had now broken oft" all perfonal intercourfe with Becket, fent him, by a meffenger, his or- * Fiu-Steph. p. 28. Gervafe, p. 1384. f M. Paris, p. 7. Uicoto, p. 536. HENRY II. 289 ders to abfolve Eynsford ; but received for anfwer, that CHAP, it belonged not to the king to inform him whom he fhould VIII. abfolve and whom excommunicate*; And it was not till v after many remonftrancesand menaces, that Bccket, though IlG -- with the worft grace imaginable, was induced to comply with the royal mandate. HENRY, though he found himfelf thus grievoufly mif- taken in the character of the perion whom lie had promot ed to the primacy, determined not todefift from his former intention of retrenching clerical ulurpations. He was en tirely mailer of his exteniive dominions : The prudence and vigour of his adminiftration, attended with perpetual fuccefs, had raifed his character above that of any of his predeceflorst : The papacy feemed to be weakened by a Ichifm, which divided all Europe: And he rightly judged, that if the prefent favourable opportunity were neglected, the crown muft, from the prevalent fuperftition of the peo ple, be in danger of falling into an entire fubordination un der the mitre. THE union of the civil and ecc .efiaftical power ferve-; extremely, in every civilized government, to the mainte nance of peace and order ; and prevents thofe mutual en croachments which, as there can be no ultimate judge be tween them, are often attended with the moft dangerous confequences. Whether the fupreme magiftrate, who unites thele powers, receives the appellation of prince or prelate, is not material : The Superior weight which tem poral interefts commonly bear in the apprehenfionsof men above fpiritual, renders the civil part of his character mod prevalent ; and in time prevents thofe grofs impofluresand bigoted perfecutions, which in all falie religions are the chief foundation of clerical authority. But during the progrefsof ecclefiaftical ufurpations, the flate, by the re- llftance of the civil magiftrate, is naturally thrown into convulfions; and it behoves the prince, both for his own intereft, and for that of the public, to provide in time iuffi- cient barriers againft fo dangerous and infidious a rival. This precaution had hitherto been much neglected in England, as well as in other catholic countries; and affairs at laft ieemcd to have come to a dangerous crifis : A fo- veieign of the greateft abilities was now on the throne : A prelate of the moft inflexible and intrepid chara&er was polleiTcd of the primacy : The contending powers appear ed to be armed with their full force, and it was natural to expcft fome extraordinary event to refult from their conflict. VOL. I. P p * Fitz-Stepli. p. 28. t EpUl. it. Thorn, p. if*. 290 HISTORY OF ENGLAND. CHAP. AMONG their other inventions to obtain money, the VIII. clergy had inculcated the necefiity of penance as an atone- * v. ment for fin ; and having again introduced the practice of IlC< 3- paying them large fums as a commutation, or ipecies of atonement for the remiffion of thoie penances, the fins of the people, by thefe means, had become a revenue to the priefts ; and the king computed, that by this invention alone they levied more money upon his fubje6ls than flowed, by all the funds and taxes, into the royal exche quer*. That he might eafe the people of fo heavy and arbitrary an impofition, Henry required that a civil officer of his appointment fhould be prelent in all ecclefiaftical courts, and fhould for the future give his confent to every compaction which was made with finners for their fpiritual offences. THE ecclefiaftics in that age had renounced all imme diate fubordination to the magiftrate : They openly pre tended to an exemption in criminal accufations from a trial before courts of juitice; and were gradually introducing a like exemption in civil caufes : Spiritual penalties alone could be inflicted on their offences : And as the clergy had extremely multiplied in England, and many of them were confequently of very low characters, crimes of the deepefl dye, murders, robberies, adulteries, rapes, were daily committed with impunity by the ecclefiaflics. Ithad been found, for inftance, on enquiry, that no lefs than a hundred murders had, fince the king s acceffion, been per petrated by men of that profeffion, who had never been called to account for thefe offences*]"; and holy orders were become a full prote6\ionfor all enormities. A clerk in Worcefterfhire, having debauched a gentleman s daughter, had at this time proceeded to murder the father ; and the general indignation againft this crime moved the king to attempt the remedy of an abufe which was become fo pal pable, and to require that the clerk fhould be delivered up, ar)d receive condign punifhrnent from the magiftrate J. Becket infifted on the privileges of the church ; confined the criminal in the bifhop s prifon, left he fhould be feized by the king s officers ; maintained that no greater punifh- ment could be inflicted on him than degradation : And T when the king demanded that immediately after he was degraded he fhould be tried by the civil power, the. primate afferted that it was iniquitous to try a man twice upon the lame accufation, and for the fame offence ||. * Fitz-Stej)h. p. 32. f Neubr. p. 394. + I iiz-Steph. p. 33. Hift. Quad. p. 32. l| Fitz-Steph. p. 29. Hiit. Quad. p. 33. 45. Hoveden, p. 495. M. Paris, p. 72. Diceto, p. 536, 537. Brompten.p. 1056 . Gervafe, p. 1384. Lpift. St. I hom. p. aoS, 209. HENRY IT. 291 HENRY, laying hold of fo plaufible a pretence, refolved CHAP, to pufh the clergy with regard to all their privileges, which VIII. they had raifed to an enormous height, and to determine N/ - at once thofe controverfies which daily multiplied between Il6 3- the civil and the ecclefiafHcal jurifdictions. He fummoned an affembly of all the prelates of England ; and he put to them this concife and decifive queftion, Whether or not they were willing to fubmit to the ancient laws and cuftoms of the kingdom? The binSops unanimoufly repli ed, that they were willing, faving their own order*: A device by which they thought to elude the prefent urgen cy of the king s demand, yet referve to themfelves, on a favourable opportunity, the power of refuniing all their pretenfions. The king was fenfible of the artifice, and was provoked to the higheft indignation. He left the af fembly, with vifi ole marks of his difpleafure: He required the primate inftantly to furrender the honours and caftles of Eye and Berkham: The bifhops were terrified, and expected ftill farther effects of his refentment. Becket alone was inflexible ; and nothing but the interpofition of the pope s legate and almoner, Philip, who dreaded a breach with fo powerful a prince at fo unfeafonable a juncture, could have prevailed on him to retract the faving claufej, and give a general and abfolute promife of oblerving the ancient cuftoms f. BUT Henry was not content with a declaration in thele general terms : He refolved, ere it was too late, to define exprelsly thofe cuftoms with which he required compli ance, and to put a flop to clerical ufurpations before they were fully confolidated, and could plead antiquity, as they already did a facred authority, in their favour. The claims of the church were open and vifible. After a gradual and in fenfible progrefs during many centuries, the mafk had at laft been taken off, arid feveral ecclefiaftical councils, by their canons, which were pretended to be irrevocable and infillible, had pofitively denned thofe privileges and immunities, which gave inch general offence, and appear ed fo dangerous to the civil magistrate. Henry therefore deemed it neceffary to define with the fame precifion the limits of the civil power ; to oppole his legal cuftoms, to their divine ordinances; to determine the exact boundaries of the rival jurifdictions; and for i this purpofe he fum moned a general council of the nobility and prelates at 1164. Clarendon, to whom he fubmitted this great and important 2 " >:h J an% queftion. * Fif/.-SteoIi. p. 31. H: . O_i;3d. p. 34. Hovedcn. p. .(02. | H.fl. (^a l. p. 37. iio.edtji., ( >. .,. _,. oi.r. ale, p. i jSj. 292 HISTORY OF ENGLAND. C II A P. THE baror.s v/erc all gained to the king s party, either V r iII. bv the reat ons which hi? urged, or by his fuperior autho- * rity : The bifhops were overawed by the general combina- J f 1 -!- tion againft them: And the following laws, commonly of Clare"- * cal^ d tne Conftitutions of Clarendon, were voted without tlon. oppoiition by this a (Terribly *. It was enacted, that all fails concerning the advowibn and prelentation of churches fhould be determined in the civil courts: That the church es belonging to the king s fee, fhould not be granted in perpetuity without his confent : That clerks accufed of any crime fhould be tried in the civil courts: That no perfon, particularly no clergyman of any rank, fhould depart the kingdom without the king s liccnfe : That ex communicated perlbns fhould not be bound to give fecu- rity for continuing in their prefent place of abode : That l.iics fhould not be accufed in fpiritual courts, except by legal and reputable promoters and witncfJes : That no chief tenant of the crown fhould be excommunicated, nor his lands be put under an interdict, except with the king s confent : That all appeals in fpiritual caufes fhould be carried from the archdeacon to the bifhop, from the bifnop to the primate, from him to the king ; and fhculd be carried no farther without the king s confent : That if any law-fuit arofe between a layman and a clergyman concerning a tenant, and it be difputed whether the land be a lay or an ccclefiafUcal fee, it (herald fir ft be determin ed by the verdict of twelve lawful men to what clafs it be longed ; and if it be found to be a lay-fee, the caufe mould finally be determined in the civil courts : That no inhabi tant in demefne fhould be excommunicated for non-appear ance in a fpiritual court, till the chief ofricer of the place vhere he refidcs be confultcd, that he may compel him by the civil authority to give fatisfaciion to the church : That the archbifhops, bifhops, and other fpiritual dignita ries, fhould be regarded as barons of the realm ; fhould poflefsthe privileges and be fubjedled to the burthens be longing to trut rank; and fhould be bound to attend the king in his great councils, and adift at all trials, til! the fenlence, either of d^ath or lofs of members, be given againft the criminal : That the revenue of vacant fees fhouid belong to the king ; the chapter, or fuch of them as he plcafes to fummon, (hould fit in the king s chapel till they made the new election with his confent, and that the bifhop elect fhculd do homage to the crown: That if any baron or tenant in capitc fiiould refufe to fubmit to the fpi ritual courts, the king fhould employ his authority in * Filz Stcph. p. j 2- HENRY II. 293 obliging him to make fuch fubmiffions ; if any of them CHAP, throw off his allegiance to the king, the prelates fliould VIII. affift the king with their cenfures in reducing him : That * goods forfeited to the king fhould not be protected in ll -4 churches, or church yards : That the clergy fhould no longer pretend to the right of enforcing payment of debts contracted by oath or prcmiie ; but fhould leave thefe law-fuits, equally with others, to the determination of the civil courts: And that the fons of villains fhould not be or dained clerks, without the confentof their lord*. THESE articles, to the number of fixteen, were calcu- culated to prevent the chief abufes which had prevailed in ecclefiaftical affairs, and to put an effectual flop to the ulur- pations of the church, which, gradually fiealing on, had threatened the total definition of the civil power. Hen ry, therefore, by reducing thofe ancient cuftoms of the realm to writing, and by collecting them in a body, endea voured to present all future difnute with regard to them ; and by palling lo many ecclefiaftical ordinances in a nati onal and civil affembly, he fully eftablifhed the fuperiority ot the legislature above all papal decrees or fpiritual canons, and gained a fignal victory over the ecclefiaftics. But as lie knew, tlut the bifliops, though overawed by the prefent combination of the crown and the tarons, \vculd take the firft favourable opportunity of denying the authority which had enacted thefe conftitutions ; he refolved that they fliould all fet their feal to them, and give a promile to ob- ferve them. None of the prelates dared to oppofe his will ; except Becket, who, though urged by the earls of Corn- wal and Leicefter, the barons of principal authority in the kingdom, obflinately withheld his affcnt. At laft, Richard de Haftings, grand prior of the templars in Eng- gland, threw himfelf on his knees before him; nnd with many tears entreated him, if he paid any regard cither to his own fafety or that of the church, not to provoke, by a fruitlefs oppofition, the indignation of a great monarch, who \vasrefolutely bent on his purpofe, and who was de termined to take full revenge on every one that fhould dare to oppofe himf. Becket, finding himfelf deferted by all the world, even by his own brethren, was at laft obliged to comply ; and he promifed, legally, with good faith, and uithout fraud or rejtjve\ t to obferve the conllitutions ; and he took an oath to that purpofe||. The king, thinking that he had now finally prevailed in thisgreatenterprife, lent Hill. Qi;a>1. p. if.j. M. !\,ris. p. 70, 71. Spelm. Conr. ri. ii. p. f,j. Gcrvalc;, p. i , . \\ iiki us , p . ^o,. | Hi(K (^.3,1. p> jS> - en - P- 4^3- t I ii7.-Steph. p. ? ;. EplO. St. i ilm. p. 25. . p. .|j. Hia. Qi,.vl. p. J5f. Gei.ak-, p. i jSG. 294 HISTORY OF ENGLAND. CHAP- tne conftitutions to pope Alexander, who then refided in VIII. France; and he required that pontiffs ratification o-f them: ^ v But Alexander, who, though he had owed the moftimpor- Il6 4 tant obligations to the king, plainly law, thai thefe laws were calculated to eftabliih the independency of England on the papacy, and of the royal power on the clergy, con demned them in theftrongelt terms; abrogated, annulled, and rejected them. There were only fix articles, the leaft important, which, for the fake of peace, he was willing to ratify. BECKET, when he obferved that he might hope for fup- port in an oppofition, expreffed the deeper! forrow for his compliance; and endeavoured to engage all the other bifhops in a confederacy to adhere to their common rights, and to the ecclefiaftical privileges, in which he represented the intereft and honour of God to he fo deeply concerned. He redoubled his aufterities, in order to puniih himfelf for his criminal aflent to the conflitutions of Clarendon : He proportioned his difcipline to the enormity of his fuppofed offence: And he refuted to exercife any part of his ar- chiepifcopal function, till he mould receive abfolution from the pope ; which was readily granted him. Henry, informed of his preient difpofiiions, reiblved to take ven geance for this refractory behaviour ; and he attempted to cruih him, by means of that very power which Becket made fuch merit in Supporting. He applied to the pope, that he fhould grant the commiffion of legate in his domi nions to the archbifhop of York ; but Alexander, as politic as he, though he granted the commiffion, annexed a claule that it fhould -not impower the legate to execute any a6l in prejudice of the archbifhop of Canterbury*: And the king, finding how fruiti els fuch an authority would prove, fent back the commiffion by the iamemefienger that brought itf. . THE primate, however, who found himfelf ftill ex- pofed to the king s indignation, endeavoured twice to ef- cape fecretly from the kingdom ; but was as often detained by contrary winds: And Henry haflened to make him feel the effects of an obftinacy, \vhich he deemed fo criminal. He infligated John, marefchal of the exchequer, to fi;e Becket in the archiepifcopal court for feme lands, part of the manor of Pageham ; and to appeal thence to the king s court for jufticej. On the day appointed for trying the caufe, the primate lent four knights to reprefent certain ir regularities in John s appeal; and at the fame time to ex- * Epift. St. Thorn, p. 13, 14. f Hoveden, p. 403. Gervafe, p. 1388. Hoveden, p. .194. M. Paris, p. 72. Diceto, p. 537. HENRY II. 295 cufe himfelf, on account of ficknefs, for not appearing c H A P. perfonally that day in the court. This flight oftence (it VIII. it even deferve the name) was represented as a grievous ^ J contempt; the four knights were menaced, and with dim*- Il6 4- culty efcaped being lent to prilbn, as offering falsehoods to the court*; and Henry, being determined to profccutc Becket to the utmoft, Summoned at Northampton a great council, which he purpofed to make the inftrument of his vengeance againft the inflexible prelate. THE king had railed Becket from a low fbtion to the highrft offices, had honoured him with his countenance and friendship, had trufted to his afliftance in forwarding his favourite project againft the clergy ; and when he found him become of a fudden his molt ligid opponent, while every one befide complied with his will, rage at the difappointment, and indignation atrainll fuch fignal ingra titude, transported him beyond all bounds of moderation ; and there feems to have entered more of paffion than of juftice, or even of policy, in this violent prolecutionf. The barons, notwithstanding, in the great council, voted whatever lenience he was pieaied to dictate to them ; and the bilhops themielves, who undoubtedly bore a fecret fa vour to Becket, and regarded him as the champion of their privileges, concurred with the rtft, in the defign of op- preffing their primate. In ain did Becket urge, that his court was proceeding with the ulmoft regularity and juftice in trying the mareiclial s caufe; which, however, he Said, would appear from the Sheriff s teftimony to be entirely unjuft and iniquitous : That he himfelf had difcovered no contempt of the king s court ; but, on the contrary, by (ending four knights to excufe his abfence, had virtually acknowledged its authority : That he alfo, in coniequence of the king s fummons, perfonally appeared at prefent in the great council, ready to juftify his caufe againft the marefchal, and to fubmit his conduct to their enquiry and jurisdiction : That even Should it be found that he had been guilty of non-appearance, the laws had affixed a very flight penally to that offence : And that, as he was an in habitant of Kent, where his archiepifcopal palace was feated, he was by law entitled to fome greater indulgence than ufual in the rate of hi? fiae|. Notwithstanding the/e pleas, he was condemned as guilty of a contempt of the king s court, and as wanting in the fealty which he had Iworn to his Sovereign; all his goods and chattels were confiscated || ; and that this triumph over the church might * See note [RJ at the end of the volume. \ N eubr. p. 304. t Fitz-Steph. p. j 7 . 42. ,| H.ft. Quad. p. 47. Htveden. p. 494. Gen-ale, p. ijSy. 2 9 5 HISTORY OF ENGLAND. C H A P. be carried totheutmofl, Henry bimop of Winchefter, the VJ1I. prelate \vho had been fo powerful in the former reign, was, * in fpite of his remonftrances, obliged, by order of the 1164. court, to pronounce the lenience againft him*. The primate fubrnitted to the decree; and all the prelates, ex cept Folliot, billiop of London, who paid court to the king by this fmgularity, became fureties for him f. It is remarkable, that feveral Norman barons voted in this council; and we may conclude, with fome probability, that a like pra6\ice had prevailed in many of the great councils fummoned fi nee the conqueft. For the contem porary hiftorian, who has given us a full account of thefe tranfaftions, does not mention this circumftance as any wife imgular J; and Becket, in all his fubfequent remon- flrances, with regard to the fevere treatment which he had met with, never founds any objection on an irregularity, v hich to us appears very palpable and flagrant. So little precifion was there at that time in the government and conftitution ! THE king was not content with this fentence, however violent and oppreffive. Next day, he demanded of Bec ket the fum of three hundred pounds, which the primate had levied upon the honours of Eye and Berkham, while in his pofiedion. Becket, after premifing that he was not obliged to anfwer to this fuit, becaufe it was not contained in his fummons ; after remarking that he had expended more than that fum in the repairs of thofe caftles, and of the royal palace at London ; expreiied however his refolu- tion, that money mould not be any ground of quarrel be tween him and his fovereign : He agreed to pay the lum; and immediately gave fureties for it)|. In the fubfequent meeting, the king demanded five hundred marks, which, he affirmed, he had lent Becket during the war at Tou- loufe** ; and another fum <o the fame amount, for which that prince had been furety for him to a Jew. Immedi ately after thefe two claims, he preferred a third of fti l greater importance: He required him to give in the ac counts of his adminiflration while chancellor, and to pay the balance due from the revenues of all the prelacies, ab- bies,andbaronies, which had, during that time,beenin fub- jeftion tohis management ff. Becket obferved, that, as this demand was totally unexpected, he had not come, prepared toanfwer it; but he required a delay, and promifed in that cafe to give fatisfa&ion. The king iofvfted upon fureties ; * Fiu-Steph. p. 37. f Ibid. * Fitz-Steph. p. jfi. || Ibid. p. 38. ** Hift. Quad* p. 47. ft Hoveden, p. 494. Diceto, p. 537* HENRY II. 297 and Bccket defired leave toconfult his futfiagans in a cafe CHAP, of fuch import i:x:e*. VIII. Ir is apparent, from the known character of Henry, v - and from the ufual vigilance of his government, that, when Il6l< * he promoted Becket to the fee of Canterbury, he was, on good grounds, well pleaied with his adminifiration in the former high office with which he had entrulled him ; and that, even if that prelate had diftipated money beyond the income of his place, the king was fatisfied that his expen- ces were not blameable, and had in the main been calcu lated for his iervicef. Two years had fince elapfcd ; no demand had, during that time, been made upon him; it \vas not till the quarrel arofe concerning ec cieliaftical pri vileges, that the claim was darted, and the primate was^ of a iudden, required to produce accounts of fuch intri cacy and extent before a tribunal which had fhown a deter mined rei olution to luin and opprefs him. To find fureties, that he thould ani wer fo boundlefs and uncertain a claim, which in tho king s efiitnation amounted to 44,000 marksj was impracticable ; and Becket s fuftragans were extreme ly at a lols what couniel to give him in fuch a critical emergency. By the advice of the biihcp of Winchefter he offered two thouland marks as a general i atisfadrion for all demands: But this offer was reje6ted by the kinglj. Some prelates exhorted him to refign his fee, on condition of receiving an acquittal : Others were of opinion, that he ought to fubmit himlelf entirely to the king s mercy** : But the primate, thus pufhed to the utmoft, h;;d too much courage to fink under oppreffion : He determined to brave all his enemies, to truft to the facredncfs of his character for protection, to involve his cauie with that of God and religion, and to fland the utmoft efforts of royal indig nation. AFTER a few days fpent in deliberation, Becket went to church, and laid mafs, where he had previouily ordered that the introit to the communion fervice (hould begin with thefe words, Princes fat and f pake aqainjt me; the paflage appointed for the martyrdom of St. Stephen, whom the primate thereby tacitly pretended to refetnble in his fuffer- ings for the lake of righteoufnels. He went thence to court arrayed in his lacred veftments: As foon as he arriv ed within the palace-gate, he tuok the crols into his own hands, bore it aloft as his proteclion, and marched in that VOL. I. Q_q * Fitz-Steph. p. 38. f Hoveden. p. 495. $ Epifl. St. 1 horn. 9.315. l| Fitz-StCjjh. p. jS. ** Fl - .-Stepht p. 39, Gevvafe, p. 1^90. y 298 HISTORY OF ENGLAND. C II A P. pofture into the royal apartments*. The king, who VIII. was in an inner room, was aftonifhed at this parade, by v - v - which the primate feemed to menace him and his court Il6 4- with the fentence of excommunication ; and he lent fome of the prelates to remonftrate with him on account of Such audacious behaviour. Thefe prelates complained to Bec- ket, that, by fubfcribing himfelf to the constitutions of Clarendon, he had feduced them to imitate his example ; and that now, when it was too late, he pretended to (hake off all fubordination to the civil power, and appeared defi- rousof involving them in the guilt which rnuSf attend any violation of thofe laws, eftablifhed by their conlent, and ratified by their Subscriptions "T. Becket replied, that he had indeed fubfcribed the constitutions of Clarendon, le gally, with good faith, andwitnout fraud or reserve ; but in thefe words was virtually implied a falvo for the rights of their order, which, being connected with the caule of God and his church, could never be relinquished by their oath$ and engagements : That if he and thev had erred in re- figning the eccleSiaSHcal privileges, the beft atonement they could now make was to retratt their conlent, which, in fuch a cafe, could never be obligatory, and to follow the pope s authority, who had folemnly annulled the conftitu- tions of Clarendon, and had abfolved them from all oaths which they had taken toobferve them: That a determined resolution was evidently embraced to opprefs the church ; the Storm had firft broken upon him ; for a flight offence, and which too was faifely imputed to him, he had been tyrannically condemned to a grievous penalty ; a new and unheard-of claim was fince flarted, in which he could ex- peel no jufiice; and he plainly faw, that he was the deftin- ed vicVim, who, by his ruin, mufl orepare the way for the abrogation of all Spiritual immunities : That he Stridlly inhibited them who were his Suffragans from aflifting at any Cuch trial, or giving their Sanction to any fentence againft him ; he put himfelf and his fee under the protection of the Supreme pontiff; and appealed to him againft any pe nalty which his iniquitous judges might think proper to inflicl upon him : And that, however terrible the indig nation of So great a monarch as Henry, his Sword could only kill the body ; while that of the church, entrusted into the hands of the primate, could kill the Soul, and throw the diiobedient into infinite and eternal perditi * Fit7.-Steph. p. <p. Hift. Quad. p. 53. Hoveden, p. 404. Neubr. p. 394. Epift. St. Thorn, p. 43. f Fitz-Steph. p. ^5. Fitz-Steph. p. 44. 44, 45, 46. Hift. Quad. p. 57. Hoveden, p. 495. M. Paris, p. 72. ipift. St. Thorn, p. 45. 195. HENRY II. 299 Appeals to the pope, even in ecclefiafiical caufes, CHAP, had been abolifhed by the ccnflitutions of Clarendon, and VIII. were become criminal by law ; but an appeal in a civil v caufe, fuch as the king s demand upon Becket, was a Il6 4- practice altogether new and unprecedented ; it tended directly to the fubverfion of the government, and could receive no colour of excufe, except from the determined resolution, which was but too apparent in Henry and the great council, to effectuate, without juftice, but under co lour of law, the total ruin of the inflexible primate. The king, having now obtained a pretext fo much more plaufi- ble for his violence, would probably have pufhed the affair to the utmoft extremity againit him ; but Becket gave him no leifure to conduct the profecution. He refufed fo much as to hear the fentence, which the barons, fitting apart from the bifhops, and joined to fome fherirFs and barons of the fecond rank*, had given upon the king s claim : He departed from the palace; afked Henry s immediate Eaniflimen: permilrion to leave Northampton ; and upon meeting with eckeu a refufal, he withdrew lecretlv ; wandering about in dif- guile for fome time ; and at laft took (hipping, and arrived lafely at Gravelines. THE violent and unjuft p rofccution of Becket had a natural tendency to turn the public favour on his fide, and to make men overlook his former ingratitude towards the king, and his "departure from all oaths and engagements, as well as the enormity of thofeecclefiaftical privileges, of which he affedted to be the champion. There were many other reafons which procured him countenance and protec tion in foreign countries. Philip earl of Flandersf, and Lewis king of France!, jealous of the rifing great- nefsof Henry, were wellpieafed to give him difturbance in his government; and forgetting that this was the com mon caufe of princes, they affected to pity extremely the condition of the exiled primate ; and the latter even ho noured him with a vifit at Soirjbns, in which city he had invited him to fix his refidencell. The pope, whofe in- terefts were more immediately concerned in fupporting him, gave a cold reception to a magnificent embaiiy which Henry fent to accufe him; while Becket himfelf, who had come to Sens in order to juftify his caufe before the fove- reign pontiff, was received with ihe greate ft marks of dif- * Flt/.-Stcph. p. 46. This liiftorian is fuppofed to jnean the more confide- rable vaflals of th? chief baions : 1 hefe had no title to fit in the great council, and the giving them a place there was a palpable irregularity : Which however is not infiitedon in any of Bccket s remonlt.ar.ces. A faither proof how litLe fixed the conftitution was at that time ! f 1 pift. St. Thorn, p. 35. J i i 1 . i>. <(>, 37- 1, Hift. Quad. p. -jC. HISTORY OF ENGLAND. C H A P- tinclion. The king, in revenge, fequeflered the revenues VIII. of Canterbury ; and by a conduct which might be efteem- V v ed arbitrary, had there been at that time any regular check ii6^. on royal authority, he baniihed all the primate s relations and domeitics, to the number of four hundred, whom he obliged to fwear, before their departure, that they would inftantly join their patron. But this policy, by which Henry endeivourcd to reduce Becket fooner to neceffity, loft its effect: The pope, when they arrived beyond lea, abfolved them from their oath, and diftributed them among the convents in France and P landers: A refidence was alligned to Beck^t himlelf in the convent of Pontigny, where he lived for fome years in great magnificence, part ly trorn a penfion granted him on the revenues of that ab bey, partly from remittances made him by the French monarch. Il65> THE more to ingratiate himfelf with the pope, Becket refigned into his hands the fee of Canterbury, to which, he affirmed, he had been uncanonically elected by the authority of the royal mandate ; and Alexander, in his turn, befides invefting him anew with that dignity, preten ded to abrogate, by a bull, the fentence with the great council of England had patted againir. him. Henry, after attempting in vain to procure a conference with the pope, v/ho departed foon after for Rome, whither the proiperous flate of his affairs now invited him, made provifions againft the confequences of that breach which impended between his kingdom and the apoftolic fee. He itTued orders to his judiciaries, inhibiting, under fevere penalties, all ap peals to the popo or archbifhop ; forbidding any one to receive any mandates from them, or apply in any cafe to their authority ; declaring it treafonable to bring from either of them an interdict upon the kingdom, and punifh- able in fecular clergymen by the loft of their eyes, and by caftration, in regulars by amputation of their feet, and in laics with death ; and menacing with fequeftration and banilhment the perfons themfelves, as well as their kind red, who mould pay obedience to any fuch interdict: And he farther obliged all his fubjedls to fwear to the obferv- ance of thofe orders*. Thefe were edicts of the utmoft importance, arfecled the fives and properties of all the fubjects, and even changed, for the time, the national re ligion, by breaking off all communication with Rome : Yet were they enacted by the fole authority of the king s and were derived entirely from his will and pleafure. * Hift. Quad. p. 8S. 167. Hovsden, p. 496. M. Paris, p. 7^. HENRY II. 301 THE fpiritual powers, which, in the primitive church, CHAP- were, in a great meafure, dependant on the civil, had by VIII. a gradual progrefs reached an equality and independence; v ^ ^ and though the limits of the two jurifdiclions were difficult Il6 5 toafcertain or define, it was not impoffible, but, by mo deration on both fides, government might ftili have been conducted in that imperfect and irregular manner which attends all human inftitiitions. But as the ignorance of the age encouraged the ecclefiaftics daily to extend their pri vileges, and even to advance maxims totally incompatible with civil government*, Henry had thought it high time to put an end to their pretenfions, and formally, in a pub lic council, to fix thole powers which belonged to thema- giftrate, and which he was for the future determined to maintain. In this attempt he was led to re-eftab!ifh cui- toms, which, though ancient, were beginning to be abo- liihed bv a contrary practice, and which were (till more ftrorigly oppoled bv the prevailing opinions and fentiments of the ape. Principle, therefore, itcod on the one fide, power on the other ; and if the Englifh had been actuated by conscience more than by prefent interefl, the contro- verfy mult loon, by the general dtfedtion of Henry s fub- jecls, have been decided againft him. Becket, in order to forward this event, filled ail places with exclamations againft the violence which he had futfcred. He compared himfelf toChiift, who had been condemned by a lay tri bunal f, and who was crucified anew in the prelent op- preflions under which his church laboured : He took it for granted, as a pointinconteftable,that his caufe wasthe caufe of God %\ Heaffumed he character of champion for the patri mony of the Divinity : Hepretended tobethefpiritual father of the king and all the people of England || : He even told Henry, that kings reign folely by the authority of the church**: And though he had thus torn ofFt he veil more open- lyon theonefide,than that prince had ontheother, he Teem ed ftill, from the general favour borne him by the ecclefiaftics tohave all the advantage in the argument. The king, that ha might employ the weapons of temporal power remain ing in his hands, fufpended the payment of Peter s-pence : he made advances towards an alliance with the emperor, Fredetic Barbaroffa, who was at that time engaged in vio lent vr ars with pope Alexander ; he difcovered fome intea- * S^uli dubittt, fays Becket to (he Y\m. facer doles Chriffi regi/m et frrinciptim tnxiuiit jucJiJelium pjtra et magi/lres ctnfcrl. Epift. St. Thoin. p. 97. HS. Epift. St. Thoin.p. 63. 105. 194. + Ibid. p. 29, 30, 31. 216. |j Fit/.-.Steph. p. 46. tpift. St. Thorn p. 57. 148. ** Brady s Append. No. 56. Epiil. St. Ihom, p. 94, q> 97. 99. io> Hovodeq. p. ^97. 302 HISTORY OF ENGLAND. CHAP, lions of acknowledging Pafcal III. the prefent anti-pope, V1I1. who was protected by that emperor ; and by thefe expe- * u dients he endeavouicd to terrify the enterprifmg though >i 6 5- prudent pontiff from proceeding to extremities againft him. BUT the violence of Becket, ftill more than the nature of the controverfy, kept affairs from remaining long in fufpence between the parties. That prelate, inftigated by revenge, and animated by the prefent glory attending his fituation, pufhed matters to a d-cifion, and ifTued a cen- fure, excommunicating the king s chief minifters by name, and comprehending in general all thofe who favoured or obeyed the conflitutions of Clarendon: Thefe conftituti- ons he abrogated and annulled ; he abiolved all men from the oaths which they had taken to obferve them; and he fufpended the fpiritual thunder over Henry himfelf, only that the prince might avoid the blow by 3 timely repen tance*. THE fituation of Henry was fo unhappy, that he could employ no expedient for laving his minifters from this terrible cenfure, but by appealing to the pope himfelf, and having recourfe to a tribunal vvhofe authority he had himfelf attempted to abridge in this very article of appeals, and which, he knew, was fo.decply engaged on the fide of his advcrfary. But even this expedient was not likely to be long effectual. Becket had obtained from the pope a legantine com mi (lion over England ; and in virtue of that authority, which admitted of no appeal, he fummoned the bilhops of London, Salifbury, and others, to attend him, and ordered, under pain of excommunication, the eccle- fiaftics, fequeilered on his account, to be refiored in two months to all their benefices; But John of Oxford, the king s agent with the pope, had the addrefs to procure orders for fulpending this fentence; and he gave the pontirf fucli hopes of a fpeedy reconcilement between the king and Becket, that two legates, William of Pavia and Otho, were fent to Normandy, where the king then refided, and j,i36. they endeavoured to find expedients for that purpofe. But the pretenfions of the parties were, as yet, too oppofite to admit of an accommodation : The king required, that all the conftitutions of Clarendon ihould be ratified : Becket, that, previouUy to any agreement, he and his adherents fhould be refiored to their pofiellions: And as the legates had no power to pronounce a definitive fentence on either fide, the negotiation foon after came to nothing. The cardinal * Fitz-Steph. p. 56. Hin. Quad. p. 93. M. Paris, p. 74. Beaulieu Vif de St. Thorn, p. 213. Epift. St. 1 hosn. p. 149. 229. Hoveden, p. 499. H E N R Y II. 303 of Pavia alfo, being much attached to Henry, took care CHAP, to protract the negotiation ; to mitigate the pope, by the Vlll. accounts which he lent of that prince s conduct; and to v , procure him every poflible indulgence from the fee of ll6 * Rome. About this time the king had alfo the a ddrefs to obtain a difpenfation for the marriage of his third fon Geoffrey, with the heirefs of Britanny ; a conceifion which, confidering Henry s demerits towards the church, gave great fcandal both to Becket, and to his zealous patron the king of France. THE intricacies of the feudal law had, in thatage, ren- Il6 ^ dered the boundaries of power between the prince and his vaiTals, and between one prince and another, as uncertain as thofe between the crown and the mitre; and all wars took their origin fromdifputes, which, bad there been any tribunal poffcffed of power to enforce their decrees, ought to have been decided only before a court of judicature. Henry, in profecution of fome controverfies, in xvhich he was involved with the count of Auvergne, a vaflal of the dutchy of Guienne, had invaded the territories of that nobleman; who had recourfe to the king of France, his fuperior lord, for protection, and thereby kindled a war between the two monarchs. But this war was, as ufual, no lefs feeble in its operations, than it was frivolous in its caufe and object; and after occafioning fome mutual de predations*, and fome infurreclions among the barons of Poiclou and Guienne, was terminated by a peace. The terms of this peace were rather difadvantageous to Henry, and prove that that prince had, by reafon of his conteft with the church, loft the luperiority which he had hitherto main tained over the crown of France : An additional motive to him for accommodating thofe differences. THE pope and the king began at laft to perceive, that, in the prefent fituation of affairs, neither of them could expe& a final and decifive viclory over the other, and that they had more to fear than to hope from the duration of thecontroverfy. Though the vigour of Henry s govern ment had confirmed his authority in all his dominions, his throne might be fhaken by a fentence of excommunicati on ; and if England itfelf could, by its fituation, be more eafily guarded againft the contagion of fuperfii- tious prejudices, his French provinces at leaft, whofe communication was open with the neighbouring flates, would be much expofed, on that account, to fome great Hoveden, p. 517. M. Paris, p. 75. Dicete p. 547. Geivafe, p. 1402, 1404. Robert de Monte. 3 o 4 HISTORY OF ENGLAND. CHAP, revolution or convulfion *. He could not, therefore, rea* VIII. fouably imagine that the pope, while he retained fuch a v u check, upon him, would formally recognife the constituti ng- ons of Clarendon, which both put an end to papal preten- iiotis in England, and would give an example to other ftates of aflerting a like independencyf. Pope Alexan der, on the other hand, being ftill engaged in dangerous wars with the emperor Frederic, might jufHy apprehend, that Henry, rather than relinquift claims of fuch impor tance, would join the party of his enemy ; and as the tri als hitherto made of the fpiritual weapons by Becket had not fucceeded to his expedtaticn, and every thing had re mained quiet in all the king s dominions, nothing feemed 1168. impoffible to the capacity and vigilance of fo great a mon arch. The difpofition of minds on both fides, resulting from thefe circumftances, produced frequent attempts to wards an accommodation : but as both parties knew that the efTential articles of the difpute could not then be ter minated, they entertained a perpetual jealoufy of each other, and were anxious not to lofe tLe leaft advantage in the negotiation. The nuncios Gratian and Vivian, hav ing received a commiflion to endeavour a reconciliation, met with the king in Normandy; and after all differences feemed to be adjufted, Henry offered to fign the treaty, with a falvo to his royal dignity ; which gave fuch umbrage to Becket, that the negotiation, in the end, became fruitlefs, and the excommunications were renewed againll the king s miniiters. Another negotiation was conducted at Mont- rnirail, in pretence of the king of France and the French prelates; where Becket alfo offered to make his fubmifli- ons, with a falvo to the honour of God, and the liberties of the church; which, for a like reafon, was extremely offenlive to the king, and rendered the treaty abortive. A third conference, under the fame mediation, was broken off, by Becket s infilling on a like referve in his fubmiffi- ons ; and even in a fourth treaty, when all the terms were adjnfted, and when the primate expected to be introduced to the king and to receive the kifs of peace, which it was tifual for princes to grant in thofe times, and which was regarded as a fure pledge of forgivenefs, Henry refufed him that honour ; under pretence, that, during his anger, he had made a rafli vow to that purpofe. This for mality ferved, among fuch jealous fpirits, to prevent the conclufion of the treaty ; and though the difficulty was attempted to be overcome by adifpenfation which the pope granted to Henry from his vow, that prince could not * Epift.St. Thorn, p. 2.30. f Ibid. p. 276. HENRY II. 30 be prevailed on to depart from the refolution which he C H A I . had taken. VIII. Lv one of thefe conferences, at which the French king * -> was prefent, Henry laid to that monarch: " There have n6> " been many kings of England, fome of greater, fome " of lefs authority than myfelf : There have alfo been " many archbilhops of Canterbury, holy and good men, " and entitled to every kind of refpecl: Let Bec ket but " act: towards me \vi-h the fame fubmiffion which the great- " eft of his predeceflbrs have paid to the leaft of mine, " and there (h-ill be no controverfy between us." Lewis was fo ft ruck with this fiate of the cafe, and with an offer which Henry made to fubmit his caufe to the French cler gy, that he could not forbear condemning the prirnate, and withdrawing his friendfhip from him during fome time ; But the bigotry of that prince, and their common animofi- ty againft Henry, foori produced a renewal of their former good correlpondence. ALL difficulties were at lad adjufted between the par ties; and the kingallowed Becket to return, on conditions badjul^ which may be elteemed both honourable and advantageous to that prelate. He was not required to give up any rights Compromife ot the church, or refign any of thofe pretenfions which with Becket. had been the original ground of the controverfy. It was agreed that all thefe quefiions fhould be buried in oblivion; but that Becket and hii adherents fhould, without making farther lubmiih on, be reftored to all their livings, and that even the porTellbrs of iuch benefices as depended on the fee of Canterbury, and had been filled during the pri mate s abfence, mould be expelled, and Becket have liber ty to fupply the vacancies*. In return for conceffions which entrenched fo deeply on the honour and dignity of the crown, Henry reaped only the advantage of feeing his minifters abfolved from the fentencc of excommunication pronounced againft them, and of preventing the interdict, which, if thefe hard conditions had not been complied with, was ready to be laid on all his dominions^. It was ealy to fee how much he dreaded that event, when a prince of fo high a fpirit could fubmit to terms fo difhonourable in order to prevent it. So anxious was Flenry to accom modate all differences, and to reconcile himfelf fully with Becket, that he took the moft extraordinary fteps to flatter his vanity, and even, on one pccafion, humiliated himfelf VOL. 1. K r * Fitz Steph. p. 68, 69. Hoveden, p. 520. f Hiih Quad. p. 104. Broit) pton, p. 1062. Gervafe, p. 1408. Epift. St. l.Vin. p. 704, 705,706, 707. 792, 793,794. Benedict. Abbas, p. 73. 3 o5 HISTORY OF ENGLAND. C H A P. fo far as to hold the ftirrup of that haughty prelate while VIII. he mounted*. - * BUT the king attained not even that temporary tran- 1; 7- quiiiity which he had hoped to reap from thefe expedients. During the heat of his quarrel with Becket, while he was every day expecting an interdicl to be laid on his king dom, and a lentenoe of excommunication to be fulminated againit his perlon, he had thoue;ht it prudent to have his fon, pr nce Henry, aflcciated with him in the royalty, and to make him be crowned king by the hands of Roger archbiftiop of York. By this precaution he both enfured the fucceffion of that prince, which, confidering the many part ii regularities in that point, could not but be efteemed iomewhat precarious; anH he prefer ved at leafl his family on the throne, if the ientence of excommunication ihould have the erlect which he dreaded, andfhould make his fub- jcc is renounce their allegiance to him. Though this de- lign was conducted with expedition and fecrecy, Becket, before it was carried into execution, had got intelligence of it ; and being defuous of obflructing all Henry s mea- fures, as weil as anxious to prevent this affront to himfelf, who pretended to the ible right, as archbithop of Canter bury, to officiate in the coronation, he had inhibited all the prelates of England from affifting at this ceremony, had procured from the pope a mandate to the fame pur- poief, arid had incited the king of France to proteft againft. the coronation of young Henry, unleis the princefs, daughter of that monarch, fhould at the lame time receive the royal un&ion. There prevailed in that age an opini on, which was akin to its other luperftitions, that the royal unction was ellcntial to the exercife of royal power|: It was therefore natural both for the king of France, care ful of his daughter s eftablilliment, and for Becket, jealous of his own dignity, to demand, in the treaty with Henry, fome fatisfa&ion in thiseflential point. Henry, after apo- logifing to Lewis for the omiffion with regard to Margaret, and excufmgit on account of the fecrecy and difpatch re- quilite for conducting that rnealure, promifed that the cere mony fhould be renewed in the pcrfons both of the prince and princefs : And he afFured Becket, that befides re ceiving the acknowledgments of Roger and the other bi!"hops for the feeming affront put on the fee of Canterbu- ry the primate fhould, as a farther fatisfaciion, recover his rights by officiating in this coronation. But the violent Ipirit of Becket, elated by the power of the church, and * Epift. p. 45. lib. 5. f Hifl. Quad. p. 103. Epift, St. Thorn, p. 682. Gervafe, p. 1412. + Epift. 5>r. Thou. p. 708. HENRY II. 507 by the victory which he had already obtained over his fove- C H A P. reign, was not content with this voluntary compensation, V1I1. but refolved to make the injury, which he pretended to v "" v have f uttered, a handle for taking revenge on all his ene mies. On his arrival in England he met the archbifhop of York, and the bifhops of London and Saiifbury, who were on their journey to the king in Normandy : t e notified to the archbifhop the fentence of fufpenfion, and to the two bifhops that of excommunication, which at his folicitation Racket s re- the pope had pronounced againft them. Reginald de Wa- turn <K m renne, and Gervafe de Cornhill, two of the king s minif- " ters who were employed on their duty in Kent, aiked him, on hearing of this bold attempt, whether he meant to bring fire and iword into the kingdom? But the primate, heed- lefs of the reproof, proceeded, in the nioft oftentatious manner, to take potTeflion of his diocefe. InRcchefier, and all the towns through which he palled, he was receiv ed with the Ihoutsand acclamations of the populace. A<; he approached Sauthwark, the clergy, the laity, men of ail ranks and ages, came forth to meet him, and celebrated withhyrnnsof joy his t> iumphant entrance. And though he was obliged, by order of the young prince, who refided at Woodfioke, to return to his diocefe, he found that he was not miftaken when he reckoned upon the highelt vene ration of the public towards his perfon and his dignity. He proceeded, therefore, with the more courage to dart his fpiritual thunders: He iflued the fentence of excom munication againfi Robert de Broc and Nigel de Sackviile, with imny others, who either had afiifted at the coro nation of the prince, or been active in the lat? perlecution of the exiled clergy. This violent meal lire, by which lie in effect denounced war againft the king himfelf, is commonly afcribed to the vindictive clii pofition and imperi ous character of Becket ; but as this prelate was alfo a man of acknowledged abilities, we are not, in hispafiions alone, to look tor the cauie of his cond ict, when he proceeded to thefe extremities againft his enemies. His fcgacity had led him to difcover all Henry s intentions ; and he propol- ed, by this bold and unexpected afLult, to prevent the ex ecution of them. THE king, from his experience of the difpcfiticns of hh people, was become ienfible that his enterprise had been too bold in efiablifhing the conflituticns of Clarendon, in defining all the branches of royal power, ard in endeavour ing to extort from the church of England, as well as from the pope, an exprefs avowal of thcie difputcd prerogatives. Confi?ibus al(o of his own violence in attetriptiiig to break pr fubdiic the inflexible primate, he was. not dilpleafec} to 3o3 HISTORY OF ENGLAND. CHAP, undo that meafure which had given his enemies fuch ad- VIII. vantage againft him; and he w .is contented that the con- * -v troverfy Ihould terminate in th;>t ambiguous manner, which i7. was the utmofl that princes in thole ages could hope to at tain in their diiputes with the fee of Rome. Though he dropped, tor the prelent, the profecution of Becket, he ftill reserved to himlelf the right of maintaining, (hat the Confutations of Clarendon, the original ground of the quarrel, were both the ancient cuftoms and the prelent law of the realm: And though he knew that the papal clergy afTerted them to be impious in themfelves, as well as abro gated by ihe lenience of the fovereign pontiff, he intended, in i pite of their clamours, fieadily to put thole laws in ex ecution*, and to trutt to his own abilities, and to the courfe of events, for luccefs in that perilous enterprile. He hop ed that Beckct s experience of a fix years exile would, af ter his pride was fuJy gratified by his refloration, he fufVi- cient to teach him more referve in his oppofition : Or if anv controverfy arofe, he expected thenceforth to engage in a more favourable caufe, and to maintain with advan tage, while the prima!e was now in his power f, the anci ent and undoubted cuftcms of the kingdom againft the ulurpationsof the clergy. But Becket determined not to betray the ecclefiattical privileges by his connivance $, and apprehenfive h-ft a prince of fuch profound policy, if al lowed to pioceed in his own v ay, might probably in the end prevail, refolvcd to take ail the advantage which his , .prelent victory gave him, and to dilconcert the cautious ineafurdsof the king, by the vehemence and rigour of his on n conduit!!. Allured of fuppoit from Rome, be was little intimidated by clangers, which his courage taught him to defpife, and which, even if attended with the inoft fatal coniequences, would ferve only to gratify his ambiti on and thirlt of glory**. WHEN the fufperided and excommunicated prelates ar rived at Baieux, where the king then refided, and com plained to him of the violent proceedings of Becket, he inflantly perceived the ccrilequences ; was fenfible that his whole plan of operations was overthrown ; fore fa w that the dangerous conteft between the civil and fpiritujl pow ers, a conteft x\ liicl) he himfelf had firfl roufed, but which he had endeavoured, by all his late negotiations and con- cefiions, foappeafe, muft con)e to an immediate and deci- fiveifluc; and he was thence thrown into the molt violent commotion. The archbifhop of York remarked to him, * Epift. St. Thorn, p. 37. 839. | Flt^.-Steph. p. 6.,. ^ Epift. St. I horn, p- 3-1.-S- !i Fiti Stcph p. 74. * * LpifU St. Thorn, p. 818. 8-fS. HENRY II. 309 thatfo long as Becket lived, he could never expoft to enjoy CHAP, peace or tranquillity : The king himfelf, being vehement- VIII. ]y agitated, burft forth into an exclamation againft his fer- v v j vants, whole want of zeal, he faid, had fo long left him "7- expoied to the enterprises of that ungrateful and imperi ous prelate*. Four gentlemen of his houfehold, Regi nald Fitz-Urfe, William de Traci, Hugh de Moreville, and Richard Brito, taking thefe paffionate expreffions fo be a hint for Becket s death, immediately communicated their thoughts to each other; and fwearing to avenge their prince s quarrel, fecretiy withdrew from court f. Some menacing expicffions which they had dropped, gave a fufpi- cion of their detign ; and the king difpatched a meiTenger after them, charging them to attempt nothing againft the perfon of the primate^: But thefe orders arrived too late to prevent their fatal purpoi e. The four afiaffins, though they took different road to England, arrived nearly about the fame time at Saltwocde near Canterbury; and being there joined by iome alfiitants, they proceeded in great hafle to the archiepiicopal palace. They found the primate who trufted entirely to the facrednefs of his character, very flenderly attended ; and though they threw out many me naces and reproaches againft him, he was fo incapable of fear, that, without ufmg any precautions againft their vio lence, he immediately went to St. Benedict s church to hear veipers. They followed him thither, attacked him before the altar, and having cloven his head with many nee. 20. blows, retired without meeting any oppofition. This was i^ 1 ^ the tragical end of Thomas a Becket. a prelate of the moll Beckci. lofty, intrepid, and inflexible fpirit, who was able to co ver to the world, and probably to himfeif, the enterprifes ot pride and ambition, under the difguife of fan&ity, and ofaftal for the interefts of religion : An extraordinary per- ibnage, furely, had he been allowed to rema n in his fhft ftation, and had directed the vehemence of his character to the fupport of law and juftice; infiead of being engag ed, by the prejudices of the times, to facrifice all private duties and public connexions to ties which he imagined or reprefented as fuperior to every civil and political con- fideration. But no rmn who enters into the genius of that age can reafonably doubt of this prelate s fincerity. The fpirit of fuperdition was fo prevalent, that it infallibly caught every carelefs reafoner, much more every one whofe jntereft, and honour, and ambition, were engaged to fup port it. All the wretched literature of the tim^s was in- Gervafe, p. 141.}. Parker, p. 207. ) M. Faii.-, . ^. Brompton, p, 1065. Bene&fl. Albas, p. 10. + Hill. p. in- Trivet, p. 55. H I S T O R Y O F E N G L A N D. CHAP, lifted on that fide : Some faint glimmering of common VIII. fenic. might forrietimes pierce through the thick cloud of * " ignorance, or, what was worfe, the illufions of perverted 1170. faience, which had b ottjd out the fun, and enveloped the- face of nature: But thoie who preserved themielves un tainted hv ;he general contagion, proceeded on no princi ples which they could pretend to juftify: They were more indebted to their total want of instruction, than to their knowledge, if they Hill retained fome (hare of underftan- dine: ] o. ly was pofleffed of all the fchools, as well as all the churches; jnd her votaries affumed the garb of philo- fophers, together with the enfigns of fpiritual dignities. Throughout that large collection of letters which bears the name of St. Thomas, we find, in all the retainers of that afpiring prelate, no lefs than in himfelf, a moft entire and abfolute conviction of the reafon and piety of their own p^rty, and a di dainof their antagonifts : Nor is there lefs cant and grim : ce in their ftyle, when they addrefs each ni her, than when they compofe manifeftos for the perulal of the public. The fpirit of revenge, violence, and ambition, which accompanied their conduct, inftead of brming a prefumption of h -pocrify, are the fureft pie; >s of their fmrere attachment to a caufe, which fo much flattered thefe domineering paflions. Cr ; r .f HENRY, on thefirfi report of Beckct s violent meafures, had purpofed to have him arrefted, and had already taken fome ft e-ps towards the execution of that defign : But the intelligence of his murder threw the prince into great con- fternation ; and he was immediately fenfible of the dange rous conu quences which he had reafon to apprehend from ib unexpected an event. An archbilliopof reputed fanc- tity aflaffinated before the altar, in the exercife of his func tions, and on account of his zeal in maintaining ecclefia- fh cal privileges, muft attain the hicheft honours of martyr dom ; v. hile his nairderer would be ranked among the moft blcodv tyrarts that ever were expofed to the hatred and delegation of mankind. Interdicts and excommuni cations, weapons inthemfelves fo terrible, would, he fore- law, be armed with double force, when employed in a caufe fo much calculated to work on the human pailions, and ib peculiarly adapted to the eloquence of popular preachers and declaimers. In vain would he plead his own innocence, and even his total ignorance of the fart : He was funScient y cuilty, if the church thought proper to efteem him fuch: And his concurrence in Beckei s maif- tvrdom, becoming a religious opinion, would be received v/ith al! the implicit credit which belonged to the moft cftablimcd articles of faith. Theic confiderations gays H E N R Y II. 311 the kine the moft unaffected concern ; and as it was evfrrne- c I ; \ ?. Jy his intereft to clear himfeif from all luipit ion, ! - UM k \ III. no care to conceal the depth of his affliction*. He (hut himfeif up from the light of day, and from all c .; n P e re - / with his icivants: He even refuted, during three- da\ s, all food and fuftenance t : The courtiers, apprehending dan gerous effects from liisdefpair, were at laft obliged (o l>n ,!; in upon his folitudr ; and thev employed eve-v topic of confolation, induced him u> .icccpt of nourifhr. et;t, and occupied his leisure in taking; precautions againft the von- fequences which he lo juflly apprehended from the mur der of the primate. THE point of chief importance to Henry was to con- JI7U vince the pope of his innocence ; or rather, to perfuade an iub- him that he would reap greater advantages from the lub- mifUon of ._ r r- I i i r i- Jie K1U S- millions or iingland, tnannom proceeding to extremities againft that kingdom. The archbiihop of Rouen, the biihops of Worcefter and Evreux, with five perfons of in ferior quality, were immediately difpatched to Rome |, and orders were given them to perform their journey with the utmoll expedition. Though the name and authority of the court of Rome were fo terrible in the remote coun tries of Europe, which were funk in profound ignorance, and were entirely unacquainted with its character and con duct ; the pope was fo little revered at home, that his in veterate enemies furrounded the gates of Rome itlelf, and even controlled his government in that city : and the am- badadors who, from a diftant extremity of Europe, carried to him the humble or rather abjec\ fubmi (lions of the grea- teft potentate of the age, found the utmoft difficulty to make their way to hmi, and to throw themfelves at his feet. It waaat length agreed that Richard Barre, one of their number, mould leave the reft behind, and run all the hazards of the pafTage||, in order to prevent the fatal confequences which might enfutf from any delay in giving fatisfacHon to his holineis. He found, on his arrival, that Alexander was already wrought up to the grcatefi: rage againft the king, that Becket s partifans were daily ftimu- ladng him to revenge, that the king of France had ex horted him to fulminate the nioft dreadful fent^nce againft England, and that the very mention of Henry s name be fore the (acred college was received with every expreffion of horror and execration. The Thurfday before Eafter was now approaoning, when it is cuftomary for the pope to denounce annual curfcs againft all his enemies ; and it * Ypod. Neuft. p. 447 . M. Paris, p. 87. Ciceto, p. 556. Gervafe, p. M o- t Hift. Quad. p. i jj. * Ho-eden, p. 526. M. Pans, p. 87. M Hoveden, p. 556. Epift. St. ihom. p. S6j. 312 HISTORY OF ENGLAND. CHAP, was expefted that Henry fhould, with all the preparations VIII. peculiar to the discharge of that facred artillery, be lolemn- N/ -* ly comprehended in the number. But Barre found means 11 7 to appcafe the pontiff, and to deter him from a meafure which, if it failed of fuccefs, could not afterwards be eafi- ]y recalled : The anathemas were only levelled in general againft ail the actors, accomplices, and abettors of Becket s murder. The abbot of ValalTe, and the arch -deacons of Salisbury and Lifieux, with others of Henry s minifters, who foon after arrived, befides afferting their prince s in nocence, made oath before the whole confiOory, that he v/ould ftand to the pope s judgment in the affair, and make every fubmiflTion that fhouid be required of him. The terrible blow was thus artfully eluded; the cardinals Albert and Theodin were appointed legates to examine the cauie, and were ordered to proceed to Normandy for that purpofe; and though Henry s foreign dominions were already laid under an interdict by the arehbifhop of Sens, .Becket s great partilan, and the pope s legate in France, the general expectation that the monarch would eafily ex culpate himielf from any concurrence in the guilt, kept every one in fufpence, and prevented all the bad confe- quences which might be dreaded from that fentencc. THE clergy, meanwhile, though their rage was happily diverted from tailing on the king, were not idle in magni fying the fanclity of Becket ; in extolling the merits of his martyrdom ; and in exalting him above all that devoted tribe who in feveral ages had, by their blood, cemented the fabric of the temple. Other faints had only borne tef- timony by their fufferings to the general dotlrines of chril- tianity ; but Becket had facrificed his life to the power and privileges of the clergy ; and this peculiar merit challeng ed, and not in vain, a fuitable acknowledgment to his me mory. Endlefs were the panegyrics on his virtues ; and the miracles wrought by his reliqueswere more numerous, more nonfenfical, and more impudently atfefted, than thole wrp ch ever filled the legend of any confeflbr or mar tyr. Two years after his death he was canonized by pope Alexander; a folemn jubilee was eftablifhed for celebrat ing his merits; his body was removed to a magnificent ihrine, enriched with prefents from all parts of Chriften- dom; pilgrimages were performed to obtain his interceffion \vith heaven ; and it was computed, that in one year above a hundred thoufand pilgrims arrived in Canterbury, and paid their devotions at his toinb. It is indeed a mortifying reflection to thofe who are actuated by the love of fame, fo juftly denominated the laft infirmity of noble minds, that HENRY 3*3 the wifeft legiflator, and moft exalted genius that ever re- CHAP, formed or enlightened the world, can never expect fuch VIII. tributes of praife as are lavifhed on the memory of preten- v ^ ded faints, whofe whole conduct was probably to the lad 11 " 1 - degree odious or contemptible, and whofe indufiry was en tirely directed to the purfuit of objects pernicious to man kind. It is only a conqueror, a perfonage no lefs entitled to our hatred, who can pretend to the attainment of equal renown and glory. IT may not be amifs to remark, before we conclude the fubjeft of Thomas a Becket, that the king, during his controverfy with thdt prelate, was on every occafion more anxious than uftial to exprefs his zeal for religion, and to avoid all appearance of a profane negligence on that head. He gave his confent to the impofing of a tax on all his do minions for the delivery of the Holy Land; now threaten ed by the famous Saladine : This tax amounted to two pence a pound for one year, and a penny a pound for the four fubfequent *. Almoft ail the princes of Europe laid an impofition on their fubjects, which received the name of Saladine s tax. During this period, there came over from Germany about thirty heretics of both fexes, under the direction of one Gerard ; fimple ignorant people, who could give no account of their faith, but declared them- felves ready to furfer for the tenets of their mafter. They made only one convert in England, a woman as ignorant as themfelves; yet they gave fuch umbrage to the clergy, that they were delivered over to the fecular arm, and were punifhed, by being burned on the forehead, and then whip ped through the flrects. They feemed to exult in their fufferings, and as they went along, fung the beatitude, Bleffed are ye, when men hate you and perfecute you f. After they were whipped, they were thruu out almoft naked in the midft of winter, and perifhed through cold and hunger ; no one daring or being willing to give them the leaft relief. We are ignorant of the particular tenets of thefe people : For it would be imprudent to rely on the reprefentations left of them by the clergy, who affirm that they denied the efficacy of the facraments, and the unity of the church. It is probable that their departure from the ftandard of orthodoxy was ftill more fubtile and mi nute. They feern to have been the firft that ever fuffered for herefy in England. VOL. I. S 3 * Chr-n. Gervafe, p. 130,9. M. Paris, p. 74. t Nci br. p. 391. M. Paris, p. 74. Heming. pi 3 , 4 HISTORY OF EN GLAND. r H A P As toon as Henry found that he was in no immediate VIII danger from the thunders of the Vatican, he undertook an v ^ expedition againft Ireland; a defign which he had long 7i. projected, and by which he hoped to recover his credit, fomewhat impaired by his late tranfacTions with hierarchy. ( 3^5 CHAP. IX. HENRY II. Stale of Ireland Conquefl of thai ijland The ting s accommodntijn with the court oj Rome Revolt of young Henry and his brothers Wars and infurreSi- on<> War with Scotland Penance of Henry for Becket s murder William king of Scotland defeated and taken pnfoner The king s accommodation with his Jons The king s equitable adminifiration Crufadti R .vo t of prince Richard Death and character oj ti.nry Miscellaneous tranfaclions of his reign. AS Britain was firft peopled from Gaul, fo was Ire- p TT . land, probably from Britain; and the inhabitants of jx. all hefe countries leem to have been fo many tribes of the <. Celtae, who derive their orig n from an antiquity that lies 1172. far beyond the records of any hiftory or tradition. The Slate of Irifh from the beginning of time had been buried in the moft profound baibarifm and igncrasce ; and as they were never conquered, or even invaded by the Romans, from whom all the weftern world derived its civility, they con tinued ftill in the moft rude (late of fociety, and were dil- tinguifhed by thofe vices alone to which human nature, not turned by education, or retrained by laws, is forever fub- jeft. The fmall principalities into which they were divi ded, exercifed perpetual rapine and violence againft each other ; the uncertain fuccefiion of their princes was a con tinual fource of domeftic con .ulfions ; the ufual tide of each petty fovereign was the murderer of his predeccflbr,; courage and force, though cxerciicd in the commifiicn of 3i6 HISTORY OF ENGLAND. CHAT, crimes, were more honoured than any pacific virtues ; and IX. the molt fimple arts of life, even tillage and agriculture, s ,r-r- were almolt wholly unknown among them. They had I! 7 2 - felt the invafions of the Danes and the other noithern tribes; but thefe inroads, which had fpread bnrbariirn in pther parts of Europe, tended rather to improve the irifn ; and the only towns which were to be found in the ifland, had been planted along the coaft by the freebooters of Nor way and Denmark. The other inhabitants exercifed paf- turage in the open country ; fought protection from any danger in their foreOs and moraffes; and being divided by the fierceft animofuics againft each other, were ftill more intent on the means of mutual injury, than on the expe dients for common or even for private interest. BESIDES many fmall tribes, there were in the age of Henry II. five principal fovereignties in the ifland, Munfl- eir, Leinfier, Meath, Ulfter, and Connaught ; and as it had been ufual for the one or the other of thefe to take the lead in their wars, there was commonly fome prince, who ieerned, for the time, to at as monarch of Ireland. Ro- deric O Conner, king of Connaught, was then advanced to this dignity*; but his government, ill obeyed even - within his own territory, could not unite the people in any meaiures, either for the efiablifhment of order, or for de fence againfl foreigners. The ambition of Henry had, very early in his reign, beep moved by the profpecl of thefe advantages, to attempt the fubjecling of Ireland ; and a pretence was only wanting to invade a people who, being always confined to their own ifland, had never given any realon of complaint to any of their neighbours. For this purnofe, he had recourfe to Rome, which affumed a right to diipofe of kingdoms and empires; and not fore- ieeing the dangerous difputes, which he was one day to maintain with that fee, he helped, for prcfent, or rather lor an imaginary convenience, to give fandlion to claims \vhich were now become dangerous to ail fovereigns. Ad rian III. who then filled the papal chair, was by birth an Englifhman; and being on that account the more difpofed to oblige Henry, he was eafily perfuaded to acl as mailer of the world, and to make, without any hazard or expenre, the acqnifition of a great ifland to his fpiritual juiifdiction. The Irifh had, by precedent millions from the Britons, been imperfectly converted to chriftianity ; and, what the pope regarded as the fureft mark of their imperfecl con- vcrfion, they followed the doctrines of their firfl teachers, and had never acknowledged any lubjelion to the fee of Hcvedeu, p. 527. HENRY II. 317 of Rome. Adrian, therefore, in the year 1156, iflued a C H A P. bull in favour of Henry: in which, after pren>5fmg that IX. this prince had ever fhewn an anxious care to enlarge the v * church of Godoneai i, and to increale the number of his 11 7"" faints and elccl in heaven ; he reprefents hio deiign of fub- duin Ireland as derived from the fame pious motives : He confidera his care of previoufly applying for the apof- tolic fanftion as a Cure earned of fuccefs and victory ; and having efiablilbed it as a point inconteftable, that all Chrif- tiari kingdoms belong to the patrimony of St. Peter, he acknowledges it to be his own duty to low among them the feeds of the gofpel, which might in the laft day fruciify to their eternal falvation : He exhorts the king to invade Ireland, in order to extirpate the vice and wickednefs of the natives, and oblige them to pay yearly, from every houfe, a penny to the fee of Home : lie gives him entire right and authority over the illand, commands all the in habitants to obey him as their fovereign, and inverts with full power all inch godly inftruments as he fhoulcf think proper to employ in an enterprise thus calculated for the glory of God and the falvation of the louls of men*. Hen ry, though armed with this authority, did riot immediately put his defign in execution ; but being detained by more interefling bufineis on the continent, waited for a favour- able opportunity of invading Ireland* DERMOT Macmorrogh, king of Lcinfter, had, by his licentious tyranny . rendered hirrfelf odious to his lubjecls, who fcizcd with alacrity the firil occafion that offered cf throwing off the yoke, which was become grievous and opprefiu e to them. This prince had formed a defign on Dovergilda, wife of Oroiic prince of Brerlny; and taking advantage of her hufband s ablence, who, being obliged to vifit a dillant part of his territory, had left his wife (e- cure,as he thought, in an itland iurrounded by a bog; he iuddenly invaded the place and canied off the piincofs f. This exploit, though ufual among the Irilh, and rather deemed a proof of gallantry and fpiritj, provoked the re- fentment of the hufband ; who, having collected forces, and being ftrengthened by the alliance of Roderic king of Connaught, invaded the dominions of Derniot, and expel led him his kingdom. The exiled prince had recourle to Henry, who was at this time in G .iienne, craved his affift- ancein refioring him tohisfovereign-y, and offered, on that event, to hold liis kingdom in vaflalage under the crown of England. Henry, vvhofe views were already turned. M. Paris, p. 67. Glrald. Camhr. S,ielm. ronci). v<^. ii. p, 51. Rvmr-r. vol. i. p. 15. -j- (jualii. Lambr. p. yuo. . cn- ccr, vol. v:. 3i8 HISTORY OF ENGLAND. CHAP- towards making acquisitions in Ireland, readily accepted IX. the offer ; but being at that time embarrafied by the re- v bellionsof his French fubjefts, as well as by his dil putes i>72 with the fee of Rome, he declined f*- the prefent embark ing in the enterprife, and gave Dermot no farther a<Mance than letters patent, by which he empowered all hisfubjects to aid the Irifh prince in the recovery of his dominions *. Dermot, fupported by this authority, came to Briftol; and after endeavouring, though for fme time in vain, to en gage adventurers in the enterprife, he at laft formed a treaty with Richard, fumamed Stron^bow, earl of Stri^ul. This nobleman, who was of the iiluftrious houfe of Clare, had impaired his fortune byexpenfive pleafures.; and bein^ ready for any defperate undertaking, he prornifed aflift- ance to Dermot, on condition that he fhould efpoufe Eva daughter of that prince, and be declared heir to all his dominions f. While Richard was alTembling his fuc- c ours, Dermot went into Wales ; and meeting with Ro bert Fitz-Stephens, conibble of Abertivi, and Maurice Fitz-Geral<J, he alfo engaged them in his fervice, and ob tained their promife of invading Ireland. Being now af- fured of fuccour, he returned privately to his own ftate ; and lurking in the monaftery of Fernez, which he had for.nded (for this ruffian was alfo a founder of monafteries), he prepared every thing for the reception of his Engiifh allies $. THE troops of Fitz-Stephens were firft ready. That Lland. gentleman landed in Ireland with thirty knights, fixty efquires, and three hundred archers; but this fmall bod} , -being brave men, not unacquainted with difcipline, and completely armed, a thing aimoil unknown in Ireland, frruck a great terror into the barbarous inhabitants, and feemed to menace them with fome fignal revolution. The conjunction of Maurice de Pendergaft, who, about the fame time, brought over ten knights and fixty archers, enabled Fitz-Stephsns to attempt the fiege of Wexford, a town inhabited by the Danes ; and after gaining an advan tage, he mnde himfelf mafter of the placed. Soon after, Fifz Geraid arrived with ten knights, thirty efquires, and a hundred archers* * ; and being joined by the former ad venturers, compofed a force which nothing in Ireland was able to withftand. Roderic, the chief monarch of the illand, was foiled in different actions ; the prince ofOlTory was obliged to fubmit, and give hoftages for his peaceable behaviour ; and Dermot, not content with being reflorcd * Girald. Carao. p. 760. f Ibid. p. 761. * !bid. p. 761. jj Girald. Cambr. p. 761, 762. * * Ibid. p. 766. HENRY IT. 319 to his kingdom of Leinfter, projected the dethroning of C H .A. ? Roderic, and afpired to the fole dominion over the Iriih. IX. IN profecution of thele views, he fent over a meffenger ( to the eari of Strigul, challenging the performance of his 11 7 - - promife, and difplayihg the mighty advantages which might now be reaped by a reinforcement of warlike troops from England. Richard, not fatisfied with the general allowance given by Henry to all his fubjects, went to that prince, then in Normandy ; and having obtained a cold or ambiguous permitfion, prepared himfelf for the executi on of his defigns. He full fent over Raymond, one of his retinue, with ten knights and feventy archers, who, land ing near Waterford, defeated a body of three thoufand Irilh that had ventured to attack him*; and as Richard hjmfelf, who brought over two hundred horfe, and a body of archers, joined, a few days after, the victorious Eng- lifh, they made themfelves mafters of Waterford, and proceeded to Dublin, which was taken by allault. RoJe- ric, in revenge, cut off the head of Dermot s natural lion, who had^been left as a hoftage in his hands ; and Richard, marrying Eva, became foon after, by the death of Dermot, mafter of the kingdom of Leinfler, and prepared to ex tend his authority over all Ireland. Roderic and the other Irifti princes were alarmed at the danger ; and combining together, befieged Dublin with an army of thirty thoufand men: But earl Richard, making a fudden fally at the head of ninety knights, with their followers, put this nu merous army to rout, dialed them off the field, and puriued them with great flaughter. None in Ireland now dared to oppoie themfelves to the Er.gliihf. HENRY, jealous of the progrefs made by his own fub- jedls, fent orders to recal all the Englifh, and he made preparations to attack Ireland in perfonj: But Richard, and the other adventurers, found means to appeafe him, by making him the moft humble (ubmiflions, and offering to holdall their acquifitions in vaffalage to his crown)!. That monarch landed in Ireland at the head of five hund red knights, befides other foldiers : He found the Irifh fodifpirited by their late misfortunes, that, in a progrefs; which he made through the ifland, he had no other occu pation than to receive the homage of his new fubjects. He kft moft of the IriuVchieftains or princes in poffeffion of their ancient territories; beftowed fome lands on the Eng- glifh adventurers ; gave earl Richard the commiffion of fcnefchal of Ireland ; and after a (lay of a few months, Girald. Cambr. p. 767. t Ibid. p. 773. 1 Ibid. p. 7;o. |j Ibid. p. 775. 3 2o HISTORY OF ENGLAND. C H A P. returned in triumph to England. By thefe trivial exploits,- IX. icarcely worth reining, except for the importance of th<i y > con/cquences, was Ireland Subdued, and annexed to the IJ 7 2 - pnglifh crown. THE low State of commerce and induftry during thoSe ages made it impracticable for princes to fupport regular armies, which might retain a conquered country in "Sub jection; and the extreme barbarian and poverty of IreLnd could ftill lefs atfbrd means of bearing the expence. The onlv expedient, by which a durable conqueft could then be made or m :intained, was by pouring in a multitude of new inhabitants, dividing among themthe lands of the vanquifh- ed, eStabiHhing them in all offices of trnft and authority , and thereby transforming the ancient inhabitants into a new people. By this policy, the northern invaders of old, yndof late the duke of Normandy, had been able to fix their dominion, and to erect kingdoms, which remained fhble on their foundations, and were transmitted to the posterity of the firft conquerors. But the ftate of Ireland rendered that illand fo little inviting to the Englim, that only a few of dcfperate fortunes could be perfuaded, from time to time, to tranfport themfelves thither *; and inStead of reclaiming the natives from their uncultivated manners, they were gradually affimilated to the ancient inhabitants, and degenerated from the cuftoms of thir own nation. It xvas alfo found requifite to beftow great military and arbi trary powers on the leaders, who commanded a handful of menamidil fuch hoftile multitudes ; and law and equi ty, in a little time, became as much unknown in the Eng- liih Settlements, as they had ever been among the Irilh tribes. Palatinates were eretfed in favour of the new ad venturers ; independent authority conferred ; the natives, u^vcr fully Subdued, Still retained their animoSity againft ^ie conquerors ; their hatred was retaliated by like inju ries ; and from thefe^caufes, the Iridi, during the courSe of jour centuries, remained Still Savage and untraiSfable : It V- as not till the latter end of Elizabeth s reign, that the illand was fully Subdued ; nor till that of her Succefibr, that it gave hopes of becoming a ufeful conqueft to the Englifn nation. BESIDES that the eafy and peaceable fubrnifTion of the Iriih left Henry no farther occupation in that illand, he was recalled from it by another incident, which was of the laSt importance to his intereSl and Safety. The two legates Albert and Theodin, to whom was committed the trial of his conduct in the murder of archbilhop Becket, were ar- * Brompton, p. 1069. Neubrlg. p. 403. HENRY II. 321 rived in Normandy ; and being impatient of delay, fent CHAP. him frequent letters, full of menaces, if he protracted IX. any longer making his appearance before them *. He v - * - haflened therefore to Normandy, and had a conference 1I ? 2 - vritli them at Savigny, where their demands were to exor bitant, that hs broke off the negotiation, threatened to re turn to Ireland, and bade them to do their worft againft him. They perceived that the feaion was new paO for taking advantage of that tragical incident ; which, had it been hotlv ptirfued bv interdicts and excommunications, was capable of throwing the whole kingdom into combuf- tion. But the time which Henry had happily gained had contributed to appeafe the minds of men : The event could not now have the fame influence as when it was recent ; and as the clergy everv day looked for an accommodation with the king, they had not oppofed the prctentions of his par- tifans, who had been very indu trious in repreienting to the people his entire innocence in the murder of the pri mate, and his ignorance of the defigns formed by the arlaf- fins. The legates, therefore, found themielves obliged to lower their terms ; and Henry was Ib fortunate as to conclude an accommodation with them. He declared up on oath, before the reliques of the faints, that, fo far from commanding or deflring the death of the archbifhop, he was extremely grieved when he received intelligence of it : But as the pailion, which he had expreffed on ac count of that prelate s condudr, had probably been the occafion of his murder, he flipulated the following con ditions, as an atonement for the offence: I le promiled, The k!n ,,._ that he thould pardon all Inch as had been bammed for accommcda- adhering to Beckct, and fhould reftore them to their liv- ouwuhtlie ings ; that the fee of Canterbury fhould be reinftated in all ^^ its ancient poiTefiions ; that he ihould pay the templars a lum of money fufticient for the fubfillence of two hun dred knights during a year in the Holy Land j that he Ihould himlelf take the crofs at the Chriftmas following, and, if the pope required it, ferve three years againR the infidels, either in Spain or Paleftine; that he ihouid not inlift on the obfervance of fuch cuiloms, derogatory to ec- cletiaflical privileges, as had been introduced in his own time ; and that he Ihould not obttrutt appeals to the pope in ecclefiaftical caufes, but ihould content himfelf with exaityig lulficient lecurity from fuch clergymen as left his dominions to profecute an appeal, that they fhould attempt nothing againfl the rights of his crownf . Upon figning VOL. I. T t * Giiald. Cambr. p. 778. t M- Par s. P- S&. Rene- . j j. Hovsden, p. 529, Diceto, p. 560, Chrou. Gers-. p. 1433. . Abb. r. j j. 5 22 HISTORY OF ENGLAND. o CHAP, tliefe conceflions, Henry received abfolution from the le- IX. gates, and was confirmed in the grant of Ireland made by < pope Adrian*; and nothing proves more ftrongly the j>reat 1J 7 2 - abilities of this monarch, than his extricating himfelf, on fuch eafy terms, from fo difficult a fituation. He had al ways infifted, that the laws eftablifhed at Clarendon con tained not any new claims, but the ancient cuftomr of the kingdom; and he was ftill at liberty, notwithftandmg the articles of this agreement, to maintain his pretenfions. Ap peals to the pope were indeed permitted by that treaty ; but as the king was alfo permitted to exa<5t reaionable fecuri- ties from the parties, and might ftretch his demands on this head as far as he pleafed, he had it virtually in his power to prevent the pope from reaping any advantage by this feeming conceflion. And on the whole, the conflitutions of Clarendon remained ftill the law of the realm ; though the pope and his legates leem fo little to have conceived the king s power to lie under any legal limitations, that they were fatisned with his departing, by treaty, from one of the mofl momentous articles of thefe conftitutions, without requiring any repeal by the ftates of the king dom. HENRY, freed from this dangerous controverfy with the ecciefiaftics and with the fee of Rome, feemed now to have reached the pinnacle of human grandeur and felicity, and to be equally happy in his domeftic fituation and in his po litical government. A numerous progeny of ions and daughters gave both luftre and authority to his crown, pre vented the dangers of a difputed fucceffion, and repieffed all pretenfions of the ambitious barons. The king s pre caution alfo, in eftabliming the feveral branches of his fa mily, feemed well calculated to prevent all jealoufy among the brothers, and to perpetuate the greatnefsof his family. He had appointed Henry his eldeft fon, to be his fucceffor in the kingdom of England, the dutchy of Normandy, and the counties of Anjou, Maine, and Touraine; terri tories which lay contiguous, and which, by that means, might eafily lend to each other mutual afliftance both againft inteftine commotions and foreign invafions. Rich ard, his fecond i on, was inverted in the dutchy of Guienne and county of Poidlou ; Geoffrey, his third Ion, inherited, in right of his wife, the dutchy of Britanny; and the new conqueflof Ireland was deflined for the appanage of John, his fourth fon. He had alfo negotiated, in favour of this tad prince, a marriage with Adelais, the only daughter of Humbert count of Savoy and Maurienne ; and was to re- * Brompton, p. 1071, Liber. Nig. Scac. p. 47. HENRY II. 323 ceive as her dowry confiderable demefnes in Piedmont, CHAP. Savoy, BrefTe, and Dauphiny*. But this exaltation of IX. his family excited the jealoufy of all his neighbours, who v * made thole very fons, whofe fortunes he had fo anxioufly eftablifhed, the means of embittering his future life and difturbing his government. YOUNG Henry, who was rifing to man s eftate, began todifplay hischarafter, and afpire to independence: Brave, ambitious, liberal, munificent, affable ; he diicovered qua lities which give great luftre to youth ; prognofticate a fhining fortune ; but, unlefs tempered in mature age with difcretion, are the forerunners of the greateft calamitiesf. It is laid, that at the time when this prince received the royal unftion, his father, in order to give greater dignity to the ceremony, officiated at table as one of his retinue ; and obferved to his ("on, that never king was more royally ferved. It is nothing extraordinary, faid young Henry to one of his courtiers, if the f on of a count Jliould ferve the fan of a king. This faying, which might pafs only for an innocent pleafantry, or even for an oblique compliment to his father, was however regarded as a fymptom of his afpiring temper ; and his conduct foon after juflified the conje6ture. HENRY, agreeably to the promife which he had given both to the pope and French king, permitted his fon to be crowned anew by the hands of the archbifhop of Rouen, and affociated the princels Margaret, fpoule to young Henry, in the ceremony |. He afterwards allowed him to pay a vifit to his father-in-law at Paris, who took the opportunity of inftilling into the young prince thofe am bitious fentiments to which he was naturally but too much inclined ||. Though it had been the conftant practice of Revo1t of France, ever fmcetheaccelTion of theCapetian line.tocrown ancThis the fon during the lifetime of the father, without conferring brother. on him any prefent participation of royalty ; Lewis per- fuaded his fon-in-law, that, by this ceremony, which in thofe ages was deemed fo important, he had acquired a title to fovereignty, and that the king could not, without in- juflice, exclude him from immediate poffcffion of the whole, or at leaft a part, of his dominions. In confe- quencc of thefe extravagant ideas, young Henry, on his * Ypod. Neuft. p. 448. Eened. Abb. p. jS. Hoveden.. p. 533. Diceto, p. 562. Brompton, p. i"Si. Rym.i, vn!. i. p. 33. t rhron. Gerv. p. 1463. | Ho-eden, p. 5^0. Diceto, p. 560. Brompton, p. roSo. Chron. Gerv. p. 14 _M. Trivet, p. 58. U a^i-ears from Madox s Hiftory of the Lxchequer, that lilk gaiments were then krcwn-in Eng land, and that the coronation robes of the voting king ami (juet cofl i^hty^ 1 e^en pound ten fhill mgs and four pence, mon/ of that age, || Girjld, Cambr. p. 782. 324 HISTORY OF ENGLAND. CHAP, return, defired the king to refign to him either the crown IX. of England or the dutchy of Normandy ; difcovered great v vr * difcontenf on the refufal; fpake in the moil undutiful terms 1J 7j- of his father : and loon after, in concert with Lewis, made hisefcape to Paris, where he was protected and fupported by that monarch. WHILE Henrv \vasalarmed at this incident, and had the proipecV of dangerous intrigues, or even of a war, which, whether fuccelsful or not, muft be extremely cala mitous and diiagreeaWe to him, he received intelligence of new misfortunes, which muft have atFetled him in the moil fenfible manner. Queen Eleanor, who had difgufied her firft hufband by her g;llantries, was no lefs otrenfive to her fecond by her jealoufv ; and after this manner car ried to extremity, in the different periods of her life, eve-r ry circumfiance of female weaknefs. She communicated her diicontents againfi Henry to her two younger Ions, Geoffrey and Richard, perluaded them that they were alfo entitled to prefent poileflion of the territories afligned to them ; engaged them to lly lecietly to the court of France; and was meditating, herfelf, aneicane to the fame court, and had even put on man s apparel for that purpofe; when fhe was feized by orders from her hufband, and thrown into confinement. Thus Europe law with afionifhment the bed arid inoft indulgent of parents at war with his whole famiiy; three bovs, Scarcely arrived*at the age of puber ty, require a great monarch, in the full vigour of his age and height of his reputation, to dethrone himfelf in their favour ; and levera! princes not afhamed io fupport them in thefe unnatural and abfurd prctenfions. IliiNRY, reduced to this perilous and difagreeable fitua- tion, had recourfe to the court of Rome : Though fenfi ble of the cunger attending the inferpofition of eccietiafti- cal authority in temporal difputes, he applied to the pope, as his luperior lord, to excommunicate his enemies, and by thefe cenfures to reduce to obedience his undutiful child ren, whom he found Inch reluctance to punilliby the fword of the magiftrate*. Alexander, well pleafed to exert his power in Jo jultiiiable a caule, illued the bulls required of him :" But it was loon found, that thefe fpiritual weapons had not the fame force as when employed in a fpiritual controveriy ; and that the clergy were very neg l^ent in Supporting a lenience, which was nowife calculated to promote the immediate intercfts cf their older. The king, * Enift. Tetri Blef. e.iift. 1 36. in Bib lorh. P.itr. tr>m. xxiv. p. m^S. His words are, { ejli s -jurifJiElionu eft t tg ium Angiln; et quantum ad ftud-^tt>y :t juris oLl;gaf!<. lem, vobii duniaxat obnoxiuf ttneor. Ihe lame llrange paper is in Rymer, voi i- p. 33. anu i iivet, \oi. i. p. 6:. HENRY II. S 2 5 after taking in vain this humiliating ftep, was obliged to c H A P. haverecouife to arms, and toenlift fuch auxiliaries, as are IX. the ufual refource of tyrants, and have feldom been em- v >/ - ployed by To wile and juft a monarch. 11 75- THE loofe government which prevailed in all the ftates of. Europe, the many private wars carried on among the neighbouring nobles, and the impoili bility of enforcing any general execution of the laws, had encouraged a tribe of banditti to difturb every where the public peace, to in- feft the highways, to pillage the open country, and to brave all the efforts of the civil magiftratc, and even the excommunications of the church, which were fulminated againft them*. Troops of them were fometimes iniifted in the fer ice of one prince or baron, fometimes in that of another : They often a6\ed in an independent manner, under leaders of their own : The peaceable arid induftri- ous inhabitants, reduced to poverty by their ravages, were frequently obliged, for lubfifience, to betake themfelves to a like diforderly courfe of life: And a continual intef- tine war, pernicious to indufhy, as well as to the exe cution of juftice, was thus carried on in the bowels of every kingdom f. Thole defperate ruffians received the name fometimes of Brabancons, fometimes of Routiers or Cottereaux; but for what reaibn is not agreed by hiilori- ans : And they formed a kind of fociety or government among thernielves, which fet at defiance the rdl of man kind. The greateft monarchs were not afhamed, on oc- rafion, to have rerourie to their affiftance; and as their habits of war and depredation had given them experience, hardinefs, and courage, they generally compofed the moft formidable part of thole armies, which decided the politi cal quarrels of princes. Several of them were enlifted among the forces levied bv Henry s enemies^; but the great treafures amaffed by that prince enabled him to en gage more numerous troops of them jn his fervice ; and the fituation of his affairs rendered e> en luch banditti the only forces on whole fidelity he could repofe any confidence. His licentious barons, difgofted with a vigilant govern ment, were more defirous of being ruled by young princes, ignorant of public affairs, remits in their conduct, and profufe in their grants)! ; and as the king had enfured to his ions the fuccefiion to every particular province of his dominions, the nobles dreaded no danger in adhering to thofe who, they knew, mufr, feme time become their fove- reigns. Prompted by thele motives, many of the Xorrnau * Neubrip. p. 413. f thron. Gerv. p. i.jCi. t i ur. Bitf. C|.ift. 47. |i L.ceio, \\ HISTORY OF ENGLAND. HAP. nobility had deferted to his fon Henry; the Breton and Gafcon barons ieemed equally difpofed to embrace the quarrel of Geoffrey and Richard. Difaffedion had creeped in among the Englifh ; and the earls of Leicefter and Chefter in particular had openly declared war againft the king. Twenty thoufand Braban9ons, therefore, joined, to ibme troops which he brought over from Ireland, and a few barons of approved fidelity, formed the fole force with which he intended to refift his enemies. LEVVIS, in order to bind the confederates in a clofer union, fummoned at Paris an afiembly of the chief vaflals of the crown, received their approbation of his meafures, and engaged them by o^th to adhere to the caufe of young Henry. This prince, in return, bound himfelf by a like tie never to defert his French allies; and having made a new great feal, he lavifhly diftributcd among them many confiderable parts of thofe territories which he purpoled to conquer from his father. The counts of Flanders, Bou logne, Bloi , and Eu, partly moved by the general jealou- fy arifing from Henry s power and ambition, partly allured by the proipect of reaping advantage from the inconfide- rate temper and the neceffities of the young prince, de clared openly in favour of the latter. William, king of Scotland, had alib entered into this great confederacy ; and a plan was concerted for a general invafion of differ ent parts of the king s extenfiveand factious dominions. HOSTILITIES were firft commenced by the counts of Flanders and Boulogne on the frontiers of Normandv. Thole princes laid fiege to Aumale, which was delivered into their hands by the treachery of the countof that name : This nobleman lurrendered himfelf prilbner: and on pre tence of thereby paving his ranfom, opened the gates of all his other fortrefks. The two counts next befieged and made themfelves matters of Drincourt : But the count of Boulogne was here mortally wounded in the affault ; and this incident put Ibme ttop to the progrefsof theFlemifh arms. IN another quarter, the king of France, being ttrongly tions. ndillcd by his vaflals, affemblfd a great army of feven thoufand knights and their followers on horfeback, and a proportionable number of infantry : Carrying young Henry along with him, he laid fieg- to Vcrneuil, which was vigoroully defended by Hugh de Lacy and Hugh de Beauchamp, the governors. After he had lain a month before the place, thegarrifon, being ftraitened for provi- fions, were obliged to capitulate; and they engaged, if not relieved \vithinthree days, to furrender the town, and to retire into the citadel. On the lafi of thefe days, Hen- HENRY II. 327 ry appeared with his army upon the heights above Ver- C II A ? neuil. Lewis, dreading an attack, lent the archbiihop of IX- Sens and the count of Blois to the Engliih camp, and de- v fired that next day thoukl be appointed for a conference, in ll * order to citablilh a general peace, and terminate thediffer- ence between Henry and his fons. The king, who paf- fionately defired this accominodation, and fufpeiited no fraud, gave his confent; but Lewis, that morning, obliging the garrifon to furrcndcr, according to the capitulation, let fire to the place, and began to retire with his army. Hen ry, provoked at this artifice, attacked the rear with vigour, put them to rout, did feme execution, and took feveral prifoners. Tne French army, as their time of fervice was now expired, immediately difperfed themfclwes into their feveral provinces ; and left Henry free to profecute his advantages againft his other enemies. THE nobles of Britanny, iniligated by the earl of Chef- ter and Ralp de Fougeres, were all in arms ; but their progrels was checked by a body of Brabai^ons, which the king, after Lewis s retreat, had lent againft them. The two armies came to an ation near Dol; where the rebels were defeated, fifteen hundred killed on the fpot, and the leaders, the earls of Chefter and Fougeres, obliged to take fhelter in the town of Dol. Henry haftened to form the fiege of that place, and carried on the attack with fuch ar dour, that he obliged the governor and garrifon to fur- render themfelvcs prifoners. By thele vigorous mealures and happy fuccefles, the insurrections were entirely quelled in Britanny; and the king, thus fortunate in all quar ters, willingly agreed to a conference with Lewis, in hopes that his enemies, finding all their mighty efforts entirely ffuftrated, would terminate hoflilities on Ibme moderate and reafonable conditions. THE two monarchs met between Trie and Gifors ; and Henry had here the mortification to lee his three fons in the retinue of his mortal enemy. As Lewis had no other pretence for war than lupporting the claims of the young princes, the king made them fuch offers as children might be alhamedto infift on, and could be extorted from him by nothing but his parental affection, or by the prefent ne- ccffity of his affairs*. He irififled only on retaining the lovereign authority in all his dominions; but offered young Henry half the revenues of England, with Ibme places of furety in that kingdom ; or, if he rather choie to refidc in Normandy, half the revenues of that d&tchy, with all thofe of Anjou. He made a like offer to Richard in * Hovcden, p. 539- 328 HISTORY OF ENGLAND. C H A P. Guienne; he promifed to refign Britanny to Geoffrey ; IX. and if thefe concefli.ms were not deemed fufficient, he agreed to add to them whatever the pope s legates, who * 73- were prefent, fhould require of him *. The ea^l of Lei- cefter was alfo prefent at the negotiation ; and either from the impetuofily of his temper, or from a view of abruptly breaking off a conference which mud cover the allies with confufion, he gave vent to the moll violent reproaches againll Henry, and he even put his hand to his fword, as if he meant to attempt fome violence againft him. This furious action threw the whole company into confufion, and put an end to the treaty f. THE chief hopes of Henry s enemies feemed now to depend on the ftate of affairs in England, where his au thority was e.xpofed to the moft imminent danger. One article of prince Henry s agreement with his foreign con federates was, that he fhould refign Kent, with Dover, and all its other fortrefles, into the hands of the earl of Flanders^ : Yet fo little national or public fpirit prevailed among the independent Englilh nobility, fo wholly bent were they on the aggrandizement each of himfelf and his own family, that notwithftanding this pernicious concef- f:on, which rrrift have produced the ruin of the kingdom, the greater part of them had confpired to make an infur- re&ion, and to fupport the prince s pretenfions. The king s principal refource lay in the church and the bifliops, with whom he was now in perfect agreement ; whether that the decency of their character made them amamed of fupporting fo unnatural a rebellion, or that they were entirely (atisfied with Henry s atonement for the murder of Becket, and for his former invafion of ecclefiaftical immunities. That prince, however, had refigned none of the eflential rights of his crown in the accommodation; he maintained dill the fame prudent jealoufy of the court of Rome ; admitted no legate into England, without his fwearing to attempt nothing againll the royal prerogatives; and he had even obliged the monks of Canterbury, who pretended to a free election on the vacancy made by the death of Becket, to chufe Roger, prior of Dover, in the place of that turbulent prelate ||. THE king of Scotland made an irruption into Northum- ar v/;t:i . - . . coiJaud. berbnd, and committed great devaitations ; but being op- pofed by Richard de Lucy, whom Henry had left guardian of the realm, he retreated into his own country, and a- greed to a ce Hat ion of arms. This truce enabled the guar- * Hoveden, p. 536. Brompton, p. 1088. f Hoveden, p. 536- * Ibid. p. 533. Brompton, p. 1084. Neub. p. 508. || Hoveden, ? 537- HENRY II. 329 dian (o march fouthward with his army, in order to oppofe C II A P. aiiinvafion which the earl of Lcicefler, at the head of a IX. great body of Flemings, had made upon Siuiolk. The * - Flemings hud been joined by Hugh Bigod, who made them I! 73 matters of his cattle of Framlittgham ; and marching into the heart of the kingdom, where they hoped to be fup- ported by Leicetter s vaflfals, they were met by Lury, who, affixed by Humphrey Bohun, the coi-ft ible, and the earls of Arundel, Glocefier, and Cornwai, had advanced to Farnham with a lefs numerous, but brave army, to op pofe them. The Flemings, who were mottly weavers and artificers (for manufactures were now beginning to be eltablilhed in Flanders), were broken in an inttant, ten thouland of them were put to the hvord, the earl of Lei- cetter was taken prifoner, and the remain: of the invaders wen; glad to compound for a fafe retreat into their own country. THIS great defeat did not difhearten the malcontents; IJ 74- who, being fuppoited by the alliance of fo many foreign princes, and encouraged by the king s own fons, deter mined to perfevere in their enterprise. The earl of Fcr- rars, Roger de Moubrav, Archetil de Mallory, Richard de MorevilJe, Hamo de Mafcie, together with many friends ot the carls of Leicefter and Chelter, rofe in arms: The fidelity of the ear Is of Clare and Gloceaer was fuf- peeled ; and the guardian, though vigoroufiy fupported by Geoffrey biihopol Lincoln, the king s natural Ion by the fair Rofamond, found it difficult to defend himfeif on all quarters, from fo many open and concealed enemies. The more to augment the confufion, the king of Scotland, on the expiration of the tiuce, broke into the northern pro vinces with a great army* of 80,000 men : which, though undifcipiined and diforderly, and better fitted for commit ting devattation than for executing any military enterprife, was become dangerous from the prefent factious and tur bulent fpirit of the kingdom. I eriry, who had baffled all his enemies in France, and had put his frontiers in a potture of defence, now found England the feat of danger ; and he determined by his prefence to overawe the malcon tents, or by his conduct and courage to fubdue them. He landed at Southampton ; and knowing the influence of sth julf. fuperftition over the minds of the people, he battened to 1 enance of Canterbury, in order to make atonement to the afhes of "^/I s 01 Thomas a Becket, and tender his fubmiffions to a dead murder. enemy. As foonas he came within fight of the church of VOL. I. U u * Heming. p- 50 j. HISTORY OF ENGLAND. v^v CHAP. Canterbury, he difmounted, walked barefoot towards if, IX. proftrated himfelf before thedirineof the faint, remained v v J in facing and prayer during a whole da.y, and watched all 1T 7^- night the holy reliques. Not content with this hypocri tical devotion towards a man, whofe violence and ingra titude had fo longdiiquieted his government, and had been the object of his mod inveterate animofity, he fubmitted toa penance dill more fingular and humiliating. He at- lembled a chapter of the monks, difrobed himfelf before them, put a fcourge of discipline into the hands of each, and prefented his bare (houlders to the lafhes which thefe eoclefiadics fucceflively inrlided upon him. Next day he received abfolution ; and departing for London, got foon after the agreeable intelligence of a great victory which his generals had obtained over the Scots, and which being gained, as was reported, on the very day of his abfolution, was regarded as the earned of his final reconciliation with He.iven and with Thomas a Becket. WILLIAM king of Scots, though repulfed before the cadle of Prudhow, and other fortified places, had com mitted the moft horrible depredations upon the northern provinces : But on the approach of Ralph de Glanville, the famous judiciary, feconded by Bernard de Baliol, Robert de Stuteville, Odonel de Umfreville, William de Velci, and other nothern barons, together with the gal lant bimopof Lincoln, he thought proper to retreat nearer his own country, and he fixed his camp at Alnwic. He had here weakened his army extremely, by fending out numerous detachments in order to extend his ravages ; and he lay ablblutely fafe, as he imagined, from any attack of the enemy. But Glanville, informed of his fituation, made a hafty and fatiguing march to Newcaftle ; and al lowing his foldiers only a fmall interval for refrelhment, he immediately fet out towards evening for Alnwic. He marched that night above thirty miles ; arrived in the morning, under cover of amift, near the Scottifh camp ; and regardlefs of the great numbers of the enemy, he began the attack with his fmall but determined body of cavalry. William was living in fuch fupine fecurity, that he took the Englim, at fird, for a body of his own rava- gers, who were returning to the camp : But the fight of their banners convincing him of his miftake, he enter ed on the action with no greater body than a hundred ,; im horfe^ in confidence that the numerous army which kiv:.; of furrounded him, would foon haflen to his relief. He was difmounted on the firft (hock, and faken prifon- er ; while his troops, hearing of this difafter, fled on all i.niuKer. fides with the utmoft precipitation. The difperfed ravagers HENRY II. 331 made the beft of their way to their own country ; and dif- C H A P. cord arifmg among them, they proceeded even to mutual IX. hoftilities, and fuffered more from each other s fword than - from that of tlie enemy. THIS great and important victory proved at laft decifivc in favour of Henry, and entirely broke the 1 pirit of the Engiifn rebels. The bifhop of Durham, who was pre paring to revolt, made his fubmiffions ; Hugh Bigod, though lie had received a ftrong reinforcement of Flem ings, was obliged to furrender all his catties, and throw himfelf on the king s mercy ; no better refource was left to the earl of Ferrars and Roger de Moubray ; the inferior rebels imitating the example, all England was reftored 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 refiPt him. The clergy ex alted anew the merits and powerful interceffion of Becket ; and Henry, inftead of oppofing this fuperftition, plumed himfelf on the new friendlhip of the (aint, and propaga ted an opinion which was io favourabJe to his inter- efts*. PRINCE Henry, who was ready to embark at Grav- enlines, with the earl of Flanders and a great army, hear ing that his pjrtifans in England were iupprelTod, aban doned all thoughts of the enterprife, and joined the camp of Lewis, who, during the abfence of the king, had made an irruption into Normandy, and had laid fiege to Rcuenf. The place was defended with great vigour by the inha- bitants^ ," and Lewis, defpairing of fuccefs by open force, tried to gain the town by a ftratagem, which, in that fu- perftitious age, was deemed not very honourable. He pro claimed in his own camp a ceflation of arms, on pretence of celebrating the fefiival of St. Laurence ; and when the citizens, fuppofmg themfelves in fafety, were fo impru dent as to remit their guard, he purpofed to take ad vantage of their fecurity. Happily, fome priefts had, from mere curiofity, mounted a fteeple, where the alarm-bell hung ; and obfervingthe French camp in motion, they immediate ly rang the bell, and gave warning to the inhabitants, who ran to their fevera! ftations. The French, who, on hear ing the alarm, hurried to the ailault, had already mounted the walls in feveral places ; bat being repulfed by the en raged citizens, were obliged to retreat with confiderable lofs||. Next day Hv-niy, who h td haftened to the defence of his Norman dominions, palled over the bridge in tii- * Hoveden, p. -,jg. . . t Uiceto, p. j-jZ. . . ; v. [,. 4 1 j , Htniin.;. \>. j> j. 33 2 HISTORY OF ENGLAND. CHAP, umph; and entered Rouen in fight of the French army. IX. The city was now in abfclute fifety ; and the king, in 1 v order to brave the French monarch, commanded the gates, 11 74- which had been walled up, to be opened ; and he pre pared to pufh his advantages againft the enemy. Lewis laved himfelf from this perilous tituation by a new piece of deceit, not fo jjiftifiable. He propofed a ronference for adjusting the terms of a general peace, which he knew would be greedily embraced by Henry ; and while the king of England trufted to the execution of his promife, he made a retreat with his arrny into France. THERE was, however, a neceflity on both fidfce for an accommodation. Henry could no longer bear to lee his three Ions in the hands of his enemy ; and Lewis dreaded, left this great monarch, victorious in all quarters, crown ed with glory, and abiblute mafter of his dominions, might take revenge for the many dangers and difquietudes which the arms, and (till more the intrigues of France, had, in hi 5 dii putes both with Becket and his fo ;s, found means to raife him. After making a cetl jtion o f arms, a conference was agreed on near Tours; \\here Henry granted his fons much lefs advantageous K-rms tha.i he had formerly offered ; and he received their fubmillions. The . mod material of his concc{Iio:is were fome penfions which sccomm-)- )e ft pulated to pay them, and fome cafties which he grant- < ation cd them for the place of their refidence ; together with in- v-ith his demnity fora ! l their adheients, who were rcftored to theif Ions. ,, * t i * eltates and honours . OF allthoiewho had embraced the caufe of the young prince, William king of Scotland was the only conlider- able lofer by th-at invidious and unjuft enterprise. Henry delivered from confinement, without exatHng any ranfom, about nine hundred knights whom he had taken priloners; butit coft Wiliiamtheancient independency of his crown as the price of his liberty. He flipulated to do homage to Henry for Scotland and all his other pofieffions ; lie en gaged that ail the barons and nobility of his kingdom ihoulrl alfo do homage ; that the bifhops (hould take an oath of fealty ; that both mould fwear to adhere to the king of England againll their native prince, if the latter fhould break his engagements ; and that the fortreflcs of Edinburgh, Stirling, Berwic, Roxborough, and Jedbo- rough, fliould be delivered into Henry s hands, till the performance of articleof. This fevere and humiliating * Rvmer, vol. i. p, 31;. F,ened. Abb. p. S8. Koveden, p. 54^. Diceto, p. 583. Brompton, p. ioci3. Heming, p. 505. Chion. Dunit. p. 36. f M. Taris, p. 91. Chion. Cunft. p. 36. Hoveden, p. 54.^. M. V. eft. ;.. 251. Ciceio, p. 584. Bromp:on,p. 1103. Rynier, vol. i. p. 59. L.be: Niger Jcaccaiii, p. 36. HENRY II. ; 33 treaty was executed in its full rigour. William, being C H A P releafed, broight up all his barons, prelates, and abbots; IX. and they did homage tQ Henry in the cathedral of York, v * and acknowledged hirrf and his fucceflbrs for their fuperior 1175% lord*. The Englifh mo Mrch ftretched flill farther the rigour of the conditions which he exacled. He engaged the king and dates of Scotland to make a perpetual ceflfion of the fortreflesof Beiwic and Roxborough, and to allow the caftle of Edinburgh to remain in his hands for a limited time. This was the nrft great afcendant which England obtained over Scotland; and indeed the hrft important tranfaclion which had paffed between the kingdoms. Few princes have been fo fortunate as to gain considerable ad vantages over their weaker neighbours with lefs violence and in juftice than was praclifcd by Henry againft the king of Scots, whom he had taken prifoner in ba tie, and who had wantonly engaged in a war, in which all the neigh bours of that prince, and even his own family, were, with out provocation, combined againft himf. HENRY hiving thus, contrary to expectation, extricated King s himfelf with honour from a fituation in which his throne ef ; UlU ^ Ie was expofed to great danger, was employed for feveral years (imion. in the adminiftration of juftice, in the execution of the Jaws, and in guarding againft thofe inconveniences, which either the paft convulfions of his ftate, or the political Jn- ftitutions of that age, unavoidably occafioned. The pro- vifions which he made ihow luch largenefs of thought as qualified him for being a legiflator ; and they were com monly calculated as well for the future as the prefent hap- pinefsof his kingdom. HE enafted fevere penalties againft robbery, murder, II7 6. fa lie coining, arl on; and ordained that thefe crimes fliould be punilhed by the amputation of the right hand and right foot J. The pecuniary commutation for crimes,, which hasa falfe appearance of lenity, had been gradually cifuf- cd ; and feems to have been entirely abolifhed by the rigour of thefe ftatutes. The fuperftitious trial by water ordeal, though condemned by the church ||, ftill fubfifted ; but Henry ordained, that any man accuied of murder, or any heinous felony, by the oath of the legal knights of the * Eened. Abb. p. 113. f Some Scotch hiftorians preten:), thit William | ml, belidcs, 100,000 pounds cf tanfom, whxh is quite incredible. 1 he ranfoin of Richard 1. who, brinies Lnglanri, p^fTeffed fo ruaii) r!cli (enitories in Fiance, w?:, only i v- i" " 1 " . ?. sud yet \vas levied with great difficult)-, indeed, two tluiilsof it only could Le paid before his deliverance. t Bened. Abb. p. ijr, Koveden, p. 549. j -Scid, Si lclleg. ad 1 aiim. p. 204. 334 H I S T O R Y O F E N G L A N D. CHAP, county, fliould, even though acquitted by the ordeal, be IX. obliged to abjure the realm*. * - w - ALL advances towards r eafon and good fenfe are flow Il 7 i> and gradual. Henry, though f^^fcle of the great ab- furdity attending the trial by duel tit battle, did not ven ture to abolim it : He only admitted either of the parties to challenge a trial by an aflize or jury of twelve freehold- ers-f. This latter method of trial feemsto have been very ancient in England, and was fixed by the laws of king Al fred : But the barbarous and 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 con- troverfies. It was never abolimed by law in England ; and there is an inftance of it fo late as the reign of Eliza beth : But the inftitution revived by this king, being found more reaionable and more luitable to a civilized people, gradually prevailed over it. THE partition of England into four divifions, and the appointment of itinerant juftices to go the circuit in each divifion, and to decide the caufes in the counties, was another important ordinance of this prince, which had a direct tendency to curb the oppreffive barons, and to pro tect tl.e inferior gentry and common people in their proper ty J. Thofe juftices were either prelates or confiderable noblemen; who, befides carry ing the authority of the king s commiffion, were able, by the dignity of their own cha- racler, to give weight and credit to the laws. THAT there might be fewer obUacles to the execution of juflice, the king was vigilant in demoli{hing all the new creeled caflles of the nobility, in England as well as in his foreign dominions ; and he permitted no fortrefs to remain in the cuftody of thofe whom he found rcafon to BUT left the kingdom fliould be weakened by this de molition of the fortreffes, the king fixed an affize of arms, by which all his fubjefts were obliged to put themfelves in a fituation for defending themfelves and the realm. Eve ry man pofiefled of a knight s fee was ordained to have for each fee a coat of mail, a helmet, a fhield, and a lance ; every free layman, poflelTed of goods to the value of fix- teen marks, was to be armed in like manner ; everyone that pofTefTed ten marks was obliged to have an iron gorget, a cap of iron, and a lance ; all burgefles were to have a cap of iron, a lance, and a wambais ; that is, a coat quilt cd with wool, tow, or fucJHike materials**. Itappears * Bened. Abb. p. 132. t Olanv. lib. ii.cap. 7. + Hoveden p. 590. |i Beneii. Abb. p. 202. Diccto, p. 585. * * Bened. Abb. p. 305. Annal. \Vaverl. p. 161. H E N R Y II. 335 that archery, for which the Englim were afterwards fo C H A P. renowned, had not, at this time become very cammon a- IX. inong them. The fpear was the chief weapon employed * in battle. "7- THE clergy and ^Mpity were, during that age, in a ftrange fituation witrWegard to each other, and fuch as may feem totally incompatible with a civilized, and indeed with any ipecies of government. If a clergyman were guilty of murder, he could be punifhed by degradation only : If he were murdered, the murderer was expofed to nothing but excommunication and ecclefiaflical cenfures ; and the crime was atoned for by penances and fubmiffion*. Hence the aflaflins of Thomas a Becket himfelf, though guilty of the moft atrocious wickednefs, and the moft re pugnant to the fentiments of that age, lived fecurely in their own houfes, without being called to account by Hen ry himfelf, who was fo much concerned, both in honour and intereft, to punifh ihat crime, and who profeffed, or afFeded on all occafions, the moft extreme abhorrence of it. It was not till they found their prefence fhunned by everyone as excommunicated perfons, that they were in duced to take a journey to Rome, to throw themfelves at the feet of the pontiff, and to fubnriit to the penances im- pofed upon them : After which, they continued to poffels, without moleftation, their honours and fortunes, and feem even to have recovered the countenance and good opinion of the public. But as the king, by the conftitutions of Clarendon, which he endeavoured ftill to maintainf, had fubjefted the clergy to a trial by the civil magiftrate, it feemed but ju(l to give them the protection of that power to which they owed obedience : It was enacted, that the murderers of clergymen fhould be tried before the juftici- ary, in the prefence of the biihop or his official; and be- fidesthe ulual punithment for murder, fhould be fubjecled to a forfeiture of their eftates, and a confifcation of their goods and chattels}. THE king palFed an equitable law, that the goods of a vaffal Ihould not be leized for the debt of his lord, unlefs the vaffal be furety for the debt ; and that the rents of vaf- fals fhould be paid to the creditors of the lord, not to the lord himlelf. It is remarkable, that this law was ena61ed by the king in a council which he held at Verneuil, and which confifted of fornc prelates and barons of England, as well as fome of Normandy, Poiclou, Anjou, Maine, Touraine, andBritanny; and the ftatute took place in all Petri Bleflen. epift. 73. apud Bibl. Fatr. torn. xxiv. p. 902. t Chion. Gervafe, p. 1433. + Diceto. p. 592. Chron. Gervafc, P-HJJ- 336 HISTORY OF ENGLAND. C H A P. thefe lad-mentioned territories*, though totally unconneo IX. ted with each otherf: A certain proof how irregular the w v ancient feudal government was, and how near the fove- 1176- reigns, in fome inflances, approad^fcto defpotifm, though in others they feemed fcarcely t<- poflefs any authorJtv. if a prince much dreaded and rcvcred^uke Henry, obtained bui the appearance of general confent to an ordinance which was equitable and juft, it became immediately an eftablimed law, and all his fubjecls acquiefced in it. If the prince was hated or defpifed ; if the nobles who fup- ported him had imall influence ; if the humours of the times difpofed the people to queftion the jullice of his or dinance ; the full eft and moil authentic allembly had no authority. Thus all was confufion and diiorder ; no re gular idea of a conftitution ; force and violence decided every thing. THE fuccefs which had attended Henry in his wars did not much encourage his neighbours to form any at tempt againft him ; and his tranladions with them, during feveral years, contain little memorable. Scotland remain ed in that ftate of feudal fubjection to which he had re duced it, and gave him no farther inquietude. He fent over his fourth fon, John, into Ireland, with a view of making a more complete conqueft of the iiland; but the petulance and incapacity of this prince, by which he en raged the Irifh chieftains, obliged the king foon after to recal him$. The king cf France had fallen into an ab ject fuperftition ; and was induced, by a devotion more iincere than that of Henry, to make a pilgrimage to the tomb of Becket, in order to obtain his interceffiod for the cure of Philip, his eldefl fon. He probably thought hirn- felf wel! entitled to the favour of that faint, on account of their ancient intimacy ; and hoped that Becket, whom he had protected while on earth, would not now, when he was fo highly exalted in heaven, forget his old friend and benefattor. The monks, fenfible that their faint s ho nour was concerned in the cafe, failed not to publifh that Lewis s prayers were anfwered, and that the young prince was reftored to health by Becket s interceffion. That king himfelf was foon after ft ruck with an apoplexy, which deprived him of his underftanding: Philip, though a youth of fifteen, took on him the adminillration, till his father s * Betted. Abb. p. 248. Itwasufual for the kings of England, after the conquefl of Ireland, to lummon barons and members of that country to the Lnglifh parliament. Molineux s Cafe of lieland, p. 64, 65, 66. f Spelinan even doubts whether the law weie not alfo extended to England. If it were not, it could only be bccaufe Henry did not chafe it ; for his autho rity was greater in that kingdom than in his tranfmaiine dominions. i Bensd. Abb. p. 437, fie. HENRY II. 337 death, which happened foon after, opened his way to the C H A P. throne ; and he proved the ableft and greatcft monarch IX. that had governed the kingdom fince the age of Charle- v " magne. The fuperior years, however, and experience of Henry, while they moderated his ambition, gave him fuch an afcendant over this prince, that no danserousrival- fhip, for a long time, arofe between them. The Englith monarch inftead of taking advantage of his own fituation, nSo. rather employed his good offices in compofing the quarrels which arofe in the royal family of France; and he was fuccefsful in mediating a reconciliation between Philip and his mother and uncles. Thefe iervices were but ill requit ed by Philip, who, when he came to man s eflate, foment ed all the domeftic difcords in the roya! family of Eng land, and encouraged Henry s fons in their ungrateful and uudutiful behaviour towards him. PRINCE Henry, equally impatient of obtaining power, and incapable of ufing it, renewed to the king the demand of his rcfigning Normandy ; and on meeting with a refu- lal, he fled with his confort to the court of France : But not finding Philip at that time difpofed to enter into war for his fake, he accepted of his father s offers of reconci liation, and made him fubmiffions. It was a cruel circum- ftance in the king s fortune, that he could hope for no tranquillity from the criminal enterprifes of his fons J if by their mutual difcord and animofities, which difturc i his family, and threw his ftate into convulfions. Richard, whom he had made matter of Guienne, and who had dif- played his valour and military genius by fuppreffing the revolts of his mutinous barons, refilled to obey Henry s orders, in doing homage to his elder brother for that dut- chy ; and he defended himfelf againft young Henry and Geoffrey, who, uniting their arms, carried war into hrs territories*. The king, with fome difficulty, compofed this difference ; but immediately found his eldeft fon en gaged in confpiracies, and ready to take arms againft himfelf. While the young prince was conducting thefe criminal intrigues, he was feized with a fever at Martel, a caftle near Turenne, to which he had retired in discontent; and feeing the approaches of death, he was at laft flruck with remorfe for his undutiful behaviour towards his father. He fent a meffage to the king, who was not far diftant ; exprcfled his contrition for his faults ; and entreated the favour of a vifit, tint he might at leaft die with the fatis- fadtion of having obtained his forgivenefs. Henry, who VOL. 1. X x YpoJ. Neuft. p. 4jj. Bcned. Abb. p. 383. Diseto, p. 617. o 3 8 HISTORY OF ENGLAND. C H A P. had fo often experienced the prince s ingratitude and vio lence, apprehended that his ficknefs was entirely feigned, and he durtt not entruft himfelf into .his fon s hands : But when he foon after received intelligence of young Henry s death, and the proofs of his fincere repentance, this good prince was affected with the deepeft forrow ; he thrice fainted away : he accufed his own hard-heartednefs in refining the dying^ requeft of his Ton ; and he lamented that he had deprived that prince of the laft opportunity of making atonement for his offences, and of pouring out his foul in the bofom of his reconciled father*. This prince died in the twenty-eighth year of his age. THE behaviour of his furviving children did not tend to give the king any confolation for the lois. As prince Henry had left no pofieiity, Richard was become heir to all his dominions; and the king intended that John, his third furviving (on and favourite, fhould inherit Guienne as his appanage: ButRichard refufed his confent, fled into tiuit dutchy, and even made preparations for carrying on war, as well againfl his father as asainft his brother Geof frey, who was now put in poflefTion of Britanny. Henry, lent for hieanor his queen, the heirefs of Guienne, and required Richard to deliver up to her the dominion of thefe territories ; which that prince, either dreading an iniurrec- tion of the Gafcons in her favour^ or retaining fome fenfe or duty towards her, readily performed ; and he peaceably returned to his father s court. No iboner was this quarrel accommodated, than Geoffrey, the moft vicious perhaps of ail Henry s unhappy family, broke out into violence ; demanded Anjou to be annexetl to his dominions of Britan ny ; and on meeting with a refufal, fled to the court of 1185. France, and levied forces againft his fatherf. Henry was freed from this danger by his fon s death, who was killed in a tournament at Paris j. The widow of Geoffrey, foon a|ter his deceafe, was delivered of a fon, who received the name of Arthur, and was inverted in the dutchy of Britanny, under the guardianfhip of his grand-father, who, as duke of Normandy, wasallb fnperior lord of that territory. Philip, as lord paramount, difputed fome time his title to this wardfhip; but was obliged to yield to the inclinations of the Bretons, who preferred the government of Henry. Cmfades. NUT the rivalihip between thefe potent princes, and all their inferior intereit, feemed now to have given place to the general paffion for the relief of the Holy Land, and * Benctt. Abb. p. 393. Hoveden, p. 621. Trivet, vol. i. p. 84. t Neubiig. p. 422. + Eeued. Abb. p. 451. Chton. Gsrvafe, p. 1480. H E N R Y II. and the expulfion of the Saracens. Thofe infidels, though C obliged to yield to the immenfe inundation of Chriilians in the nrft crulade, had recovered courage after the torrent was pad ; and attacking on all quarters the fettlements of the Europeans, had redured thele adventurers to erc;it dif ficulties, and obliged them to apply again tor fuccours from the Weft. A fecoml crulade, under the emperor Con rad, and Lewis VII. king of France, jn which there pe- rithed above 200,000 men, b.ouf ht them but a temporary relief; and thole princes, after lofing fuch immenie armies, and leeing the flower of their nobility fall by their fide, returned with little honour into Europe. But thefe re- pe^ted misfortunes, which drained the weftern world of its peop t and treafure, were not yet fufficient to cure men of their pallion for thofe fpiritual adventures ; and a new incident rekindled with frefh fury the zeal of she erclefi- aftics and military adventurers among the Latin Chriftians. Saladin, a piince of great generofity, bravery, and con duct, having fixed himfeif on the throne of Egypt, began to extend his conquefts over the FLaft ; and finding the iet- tlement of the Chriftians in Paieftine an invincible obfbcle . to the progrelsof his arms, he bent the whole force of his policy and valour tp lubdue that fmail and barren, but im portant territory. Taking ad vantage of diflenfions which prevailed among the champions of the crois, and having iecrefly gained the count of Tripoli, who commanded their armies, he invaded the frontiers with a mighty power; and, aided by the treachery of that count, gained over them at Tiberiade a complete victory, which utterly an nihilated the force of the already languifhing kingdom of Jerusalem. The holy city itfelf fell into his hands, after a feeble refifta.ce; the kingdom of Amiocli was aJmofl entirely fubdued; and except fome maritime towns, nothing confiderable i i of thofe boalted conquefis, which near a century before, it had coll the efforts of all Europe to acquire *. THE weftern Chriftians were aftonifhed on receiving this dit (r.- !l inteliitiv-nce. i ope Urban III. it is pretended, died of grief; and his fucccflbr, Gregory VIH. employed the whole time of h:s ihort pontihoite it) roufing to arms all the L/hriftians who acknowledged l;is nuihoiiiy. 1 he general cry was, tii^t they were j..wo;t!;y t-f enjoying any inheritance in heavm, who did not vinrHcate fro:n the dominion of the infi.lels the inberitpnce of (^d on earth, i delivered f i orn {la very that country whivh liad been 3^0 HISTORY OF ENGLAND. CHAP, confecrated bv the footfteps of their Redeemer. William IX. archbiiliop of Tyre, having procured a conference be- 11 > tween Henry and Philip near Gifors, enforced all thefe 8 t s topics ; gave a pathetic defcription of the milerable ftate of the eailern Chriftians; and employed every argument to excite the ruling paffions of the age, fuperftition, and jealoufy of military honour*. The two monarchs imme diately took the crofs; many of their mod considerable vaffals imitated the example f ; and as the emperor Fre deric I. entered into the fame confederacy, fome well- grounded hopes of fuccefs were entertained; and men flat tered themfelves, that an enterprife which had failed under the conduc/t of many independent leaders, or of imprudent princes, might at laft, by the efforts of fuch potent and able monarchs, be brought to a happy ifTue. THE kings of France and England impofed a tax, amounting to the tenth of all moveable goods, on fuch as remained at hornet ; but as they exempted from this bur den moft of the regular clergy, the fecular afpired to the fame immunity ; pretended that their duty obliged them toaffift the crufade with their prayers alone; and it was with fome difficulty they were conftrained to defifl from an oppofition, which in them, who had been the chief pro moters of thole pious cnterprifes, appeared with the word grace imaginable )|. This backwardnefs of the clergy is perhaps a lympiom, that the enthufiaftic ardour which had at firft feizcd the people for crufades, was now by time and ill fuccefs cqnfiderably abated ; and that the frenzy was chiefly Supported by the military cenius and love of glory in the monarchs. BUT before this great machine could be put in motion, there were ftill many obfiacles to furmont. Philip, jealous of Henry s power, entered into a private confederacy with young Richard; and, working on his ambitious and im patient temper, pcrfuaded him, inftead of lupporting and aggrandifing that monarchy which he was one dav to in herit, to leek prefent powerand independence by difturbing uSq. and dilmembeiing it. In order to give a pretence for hot- Revolt of tilities between the two kings, Richard broke into the ter- Rictard. ntories of Raymond count of Touloufe, who immediately carried complaints of this violence before the king of France as his fuperior lord. Philip remonflrated with Henry ; but received for anfwer, that Richard had con- fefled to thearch oilbop of Dublin, that hisenterprile againft Raymond had been undertaken by the approbation of Phi- * Rened. Abb. p. 531. f N cu orig. p. 43^. Heming. \). 312. J Bcricd. Alb. p. 49$. (j Peiri Bkflcn. epifi. Mi. HENRY II. 341 lip himfclf, and was conduced by his authority. The CHAP, king of France, who might have been covered with (hame IX. and confufion by this detection, ftill prufeouted hisdeup:n, * v and invaded the provinces of Berri ancf Auvergne, under u9% colour of revenging the quarrel of the count of Touloule*. Henry retaliated, by making inroads upon the frontiers of France, and burning Dreux. As this war, which deftroy- ed all hopes of fuccefs in the projected crufade, gave great fcandal, the two kings held a conference at the accuftomed place between Gifors and Trie, in order to find means of accommodating their differences: They fcparatcd on worfe terms than before ; and Philip, to fhow his dilguft, order ed a great elm, under which the conferences had been ufually held, to be cut down f ; as if he had renounced alldefire of accommodation, and was determined to carry the war to extremities again!! the king of England. But his own vaiTals refuled to ferve under him in io invidious a caufe J; and he was obliged to come anew to a conference with Henry, and to offer terms of peace. Thefeterms were iuch as entirely opened the eyes of the king of England, and fully convinced him of the perfidy of his fon, and his fecret alliance with Philip, of which he had before only entertained fome fufpicion. The king of France required that Richard fhould be crowned king of England in the lifetime of his father, fhould be inverted in all his tranfrna- rine dominions, and mould immediately efpouie Alice, Phi lip s filler, to whom he had formerly been afhanced, and who hadalready beencondutted into England ||. Henry had ex perienced fuch fatal effects, both from the crowning of his eldeft fon, and from that prince s alliance with the royal family of France, that he rejected thefe terms ; and Rich ard, in confequence of his fecret agreement with Philip, immediately revolted from him**, did homage to the king of France for all the dominions which Henry held of that crown, and received the invefHtures as if he had already been the lawful poireflbr. Several hiftorians ailert, that Henry hitnfelf had become enamoured of young Alice, and mention this as an additional reafon for his refuting thele conditions; But he had fo many other jufi and equi table motivestor his conduct, that it is fuperfluous to a digit a caufe, which the great prudence and advanced age of that monarch render fbmewhat improbable. CARDINAL Albano, the pope s legate, difplcafed with theie increafing o oftac es to the crufade, excommunicated Richard, as the chief fpring of difcoid : But the ientencc * F.. .cd. Abb. p. 503. ) iMtt. p. ^7. ^:. t Ibid. p. 5!o. :;!. Abb- p. 5 ii. Hovei .en, p% 6 3-- ** Eicnijnon, p. 1149. :,\!.bih;. p. ^jy. 342 HISTORY OF ENGLAND. C H A P. of excommunication, which, when it was properly pre- IX. pared, and was zealoufly fupported by the clerev, had v - ./ - ofte<i great influence in that age, proved entireJy inefrec-r llS 9- tual in the preterit cafe. The chief barons of Poictou, Guienne, Normandy, and Anjou, being attached to the young prince, and finding that he had now received the invcftiture from their fuperior lord, declared for him, and made inroads into the territories of iuchasftill adhered to the king. Henry, difquieted by the daily re volts of his mutinous fubjeCb, and dreading Mill worfe effects from their turbulent difpofitions had again recourfe to papal authority j and engaged the cardinal Anagni, who had fucceeded Albano in the legatefhip, to threaten Philip with laying an interdict on ail his dominions. But Phi lip, who was a prince of great vigour and capacity, defpif- ed the menace, and told Anagni, that it belonged not to the pope to interpofe in the temporal difputes of princes, much lefs in thole between him and his rebellious valLil. He even proceeded lo far as to reproach him with paitia- lity, and with receiving bribes from the king of England* ; while Richard, dill more outrageous, offered to draw his fvvord againft the legate, and was hindered by the interpo- lition alone of the company, from committing violence upon himf. THE king of England was now obliged to defend his dominions by arms, arid to engage in a war with France, and with his eldeft fon, a prince of great valour, on fuch difadvantageous terms. Ferte-Bernard fell fir ft into the hands of the ei.emy : Mans was next taken by aflault ; and Henry, who had thrown himfelf into that place, efcaped with fome difficulty: + Amboife, Chuumont, and Chateau de Loire, opened their gates on the appearance of PhHip and Richard : Tours was menaced ; and the king, who had retired to Saumur, and had daily inftances of the cowardice or infidelity of his governors, expected the moil difmal iiTue to all his enterprises. While he was in this ftateof defpondency, the duke of Burgundy, the earl of Flanders, and the archbimop of Rheims, interpofed with their good offices ; and the intelligence which he received of the taking of Tours, and which made him fully fen- fible of the defperafe fifuation of his affairs, fo fubdued his fpirit that he fubmitted to all the rigorous terms which were impofed upon him. He agreed, that Richard mould marry the princefs Alice ; that that prince Jhould receive the homage and oath of fealty of all his fubjecls both in > . rzri*, p. 104. Ecncd. Abb. p. -,/)2. Iloveden, p. <V,2. . Paris, p. TO.J. * M. 1 av.s, p. 105. Btntd. Abb. p. ; , )> 6 t . as, p. Hcvectcn, p. 653. HENRY II. 343 England and his tran.":!iarine doTiinions ; that he himfelf CHAP, fho Id pay twenty thoufand marks to the king of France IX. as a CGtnpenMtion for the charges of the war ; that his v * own barons i nould engage to make him obierve this treaty by force, and in cafe of his violating it, (hould promife to join Philip and Richard againft him; and that all his valfals who had entered into confederacy with Richard, (hould receive aa indemnity for the offence*. Bur the mortificaiion which Henry, who had been ac- cuftomed to give the law in mcft treaties, received from thefe difadvantageous terms, was the leart that he met with on thisoccafion. When he demanded a lift ofthofe barons to whom he was bound to grant a pardon for their connections with Richard, he was aftonifhed to find at the head of them the name of his fecond ion John f ; who had always been his favourite, whole interefls he had ever anxioufly at heart, and who even, on account of his afcen- dant over him, often excited the jeaioufy cf Richard |. The unhappy father, already overloaded with cares and forrows, finding his laft disappointment in his domeftic tendernefs, broke out into expreifions of the utmoft delpair, curled the day in which he received his miserable being, and beftowed on his ungrateful and undutiful children a malediction which he never could be prevailed on to re tract ||. The more his heart was difpofed to friendship and affection, the more he refented the barbarous return which his four Ions had fucceffively made to his parental care ; and this finifhing blow, by depriving him of every com fort in lite, quite broke his ipii it, and threw him into a lingering fever, of which he expired at the caftle of Chin- on near Saumur. His natural fon Geoffrey, who alone 6th July. had behaved dutifully towards him, attended his corpfe to Uealh the nunnery of Fontervrault ; where it lay in fiate in the abbey-church. Next day Richard, who came to vifit the dead body of his father, and who, notwithflanding his criminal conduct, was no-t wholly deftitute of geneiofity, was ftruck with horror and remorfe at the fight ; and as the attendants observed, that at that very inftant, blood gufh- ed from the mouth and noftriis of the corpfe**, he ex claimed, agreeably to a vulgar fivperfiition, that he was his father s murderer; and he exprefled a deepferiie, though too late, of that undutiful behaviour which had brought his parent to an untimely grave f f. M. P.<ris, p. 106. Renal. Abb. p. 545. Hoveden, p. 653. Hoveden, p. 654. + Bened. Abb. p. 541. II Hoveden, p. 65^. ** Bened. Abb. "p. .-. J7 . Erororv- to M>- ;> ft M. Paris, p. 107. HISTORY OF ENGLAND. THUS died, in the fifty-eighth year of his age, and thirty fifth of his reign, the greateft prince of his time for wifdom, virtue, and abilities, and the mod powerful in ex tent of dominion of all thofe that had ever filled the throne of England. His character, in private as well as in public life, i* almoft without a blemiih ; and he feems to have poiTelTed every acco.npliihment, both of body and mind, which makes a man either eftimable or amiable. He was of a middle ftature, ftrongand well proportioned; his countenance was lively and engaging ; his converlati- on affable and entertaining; his elocution ealy, perfuafive, and ever at command. He loved peace, but poffeffed both bravery and conduct in war ; was provident without timi dity ; fevere in the execution of juftice without rigour ; and temperate without aufterity. He preferved health, and kept himfelf from corpulency, to which he was fome- \vhat inclined, by an abftemious diet, and by frequent ex- ercife, particularly hunting. When he could enjoy lei- lure, he recreated himfelf either in learned co^verfation or in reading ; and he cultivated his natural talents by ftudy, above any prince of his time. His affections, as well as his enmities, were warm and durable ; and his long experience of ingratitude and infidelity of men never deftroyed the natura fenfibility of his temper, vihfch dif- pofed him to friendfbip and fociety. His character has been tranfmitted to us by feveral writers who were his con temporaries*; and it extremely refembles, in its mofl re markable features, that of his maternal grandfather Hen ry I. : Excepting only, that ambition, which was a ruling paffion in both, found not in the firll Henry fuch unexcep tionable means of exerting itfelf, and pufhed that prince into meafures, which were both criminal in themfelves and were the caufe of farther crimes, from which hisgrandion s conduct was happily exempted. Mifceiiane- THIS prince, like mofl of his predeceflbrs of the Nor- cms tranfic- man line, except Stephen, paffed more of his time on the continent than in thisifland: He was furrounded with the Englifli gentry and nobility, when abroad : The French gentry and nobility attended him whem he refided in Eng land : Both nations aded in the government as if they were the lame people; and, on many occafions, the legifla- turcs feem not to have been diilinguilhed. As the king and all the Englim barons were of French extraction, the manners of that people acquired the afcendant, and were regarded as the models of imitation. All foreign improve- * Petri Blef. epift. 46, 47. in Biblioiheca Fatrum, vol. xxiv. p. 985, 986. .fcc. Girald. Camb. p. 783. ks. HENRY II. 345 ments, therefore, fuch as they were, in literature and po- CHAP, litenei s, in laws and arts, feem now to have been, in a IX. good meafure, tranfplanted into England ; and that king- v >/ dom was become little inferior in all the faihionable ac- Il8 9 complifhments, to any of its neigbours on the continent. The more homely but more fenfible manners and princi ples of the Saxons, were exchanged for the affectations of chivalry and the fubtilities of IcliQol philofophy : The feu dal ideas of civil government, the Romifh fentiments in religion, had taken entire pofleffion of the people : By the former, the fenfe of fubmidion towards princes was fomewhat diminifhed in the barons ; by the latter, the de voted attachment to papal authority was much augmented among the clergy. The Norman and other foreign fami lies eftablifhed in England, had now ftruck deep root ; and being entirely incorporated with the people, whom at firft they opprefled and defpifed, they no longer thought that they needed the protection of the crown for the enjoyment of their poflellions, or confidered their tenure as precari ous. They afpired to the lame liberty and independence which they faw enjoyed by their brethren on the continent, and defired to reltrain thole exorbitant prerogatives and ar bitrary practices which the neceffities of war and the vio lence of conqueft had at firft obliged them to indulge in their monarch. That memory alfo of a more equal go vernment under the Saxon princes, which remained with theEnglim, diffufed (till farther the fpirit of liberty, and made the barons both defirous of more independence to themfelveS) and willing to indulge it to the people. And it was not long ere this fecret revolution in the fentiments of men produced, firft violent convulfions in the ftate, then an evident alteration in the maxims of government. THE hiftory of all the preceding kings of England fince the ccnqucft, gives evident proofs of the dilorders attending the feudal infiitutions ; the licentioufnels of the barons, their fpirit ot rebellion againft the prince and laws, and of animofity againft each other : The conduct of the barons in the tranfmarine dominions of thofe mo- narchs, afforded perhaps (till more flagrant inftances of thefe convulfions ; and the hiftory of France, during feveralages, confifts almoft entirely cf narrations of this nature. The cities, during the continuance of this vio lent government, could neither be very numerous nor po pulous ; and there occur inftances which feem to evince, that, though thefe are always the firft feat of law and li berty, their police was in general loofeand irregular, and expofed to the fame diforders with thofe by which the VOL. I. Y v 346 HISTORY OF ENGLAND. C H A I\ country was generally infeftcd. It wasacuftom in Lon- IX. don for great nu nbers, to the amount of a hundred or * u -f more, the Tons and relations of considerable citizens, to 1189. form themlelves into a licentious confederacy, to break in to rich houies and plunder them, to rob and murder the paffengers, and to commit with impunity all forts of dif- order. By thefe crimes, it had bei.om-.- fo dangerous to walk the fheets by night, that the citizens durft no more venture abroad after fun-fet, than it they had been ex- pofed to the incut lions of a public enemy. The brother of the ear! of Ferrars had been murdered by fome of thoie nocturnal rioters ; and the death oi io eminent a perfon, which was much more regarded than that of many thou- fands of an inferior ftation, fo provoked the king, that he Iwore vengeance againft the criminals, and became thenceforth more rigorous in the execution of the laws *. THERE is another inftance given by hiftorians, which proves to what a height iuch riots had proceeded, and how open thefe criminals \vcre in committing tneir robberies. A band of them had attacked the houfe ot a rich citizen, with an intention of plundering it; h.id broken through a flone-vt ail with hammers and wedges ; and had already entered the houie fword in hand ; when the citizen, armed cap-a-pee, and fupported by his faithful fervants, appeared in the pailage to oppofe them : He cut ori the right hand of the hrll robber that entered ; and made fuch flout refiil- ance, that his neighbours had Iciiure to afTemble, and come to bis relief. The man who loft his hand was taken ; and Wd3 tempted by the promife of pardon to reveal his con federates ; among whom was one John Senex, efteemed among the richelt and brft-born citizens in London. He was convicted by the ordeal ; and though he offered five hundred marks for his life, the king refufed the money, and ordered him to be hanged "j*. It appears from a llatute of Ldward 1. that thefe dilordcrs were not remedied even in that reign. It was then made penal to go out at night after the hour of the curfew, to carry a weapon, or to walk without a light or lanthornj. It is laid in the preamble to this law, that, both by night and by day, there were con tinual frays in the flreets of London. HENRY S care in adminiftering juftice had gained him fo great a reputation, that even foreign and diftant princes made him arbiter, and fubmitted their differences to his judgment. Sanchez king of Navarre, having fome con- troverfies with Alfonio king of Caftile, was contented, * Benecl. Abb. p. 196. f Bened. AbtK p. 197, 198. J Gbiervations on the ancient Statutes, p. 216. HENRY II. 347 though Alfonfo had married the daughter of Henry, to C H A P. chuie this prince for a referee; and they agreed, each of IX. them to confign three cafUes into ncutial hands, as a ^ pledge of tneir not departing from his award. Henry IlS 9* made thecuifehe examined before his great council, and gave a fentcncc, which was fubmitted to by both parties, Thefe tvvo bp -iniih kinrrs, lent each a flout chatnpion to the court o* England, in order to defend his cauie by arm-,, in cale the way of duel had been chofcn by Hen ry *. HENRY fofar abol!ih?d the barbarous and abfurd prac- t ;c of ConnTcatiag (hips which had been wrecked on the coalt, !iL:t he ordained, if one man or animal were alive in the Ihip, that the vefl el and goods ihould be reftored to the owners f. THE reign of Henry was remarkable alfo for an inno vation which wasafterwards carried farther by hlsfucceflbrs, anJ was attended with the moft important confcqutnces. This p-ince was difgufled willi the ipccics of military force uhich was eitablhhed --y the feudal iriftitunons, and which though it was extremely burdenibme to the fubjec), yet rendered very little fcrvice to the fovereign. The barons, or military tenants, came late into the field ; tliey were obliged to ferve only forty days ; they were unfkilful and difoiderly in all their operations ; and thev were apt to carry into the camp the fame refractory and independent fpirit, to which they were accuftomed in their civil govern ment. Henry, therefore, introduced the practice of mak ing a commutation of their military fervice tor money ; and he levied fcutages from their baronies and knights fees, iuftead of requiring the perfonal attendance of his valFals. There is mention made, in the hiftory of the ex- fheqner, of thefe fcutages in his fecond, filth, and eigh teenth year|; and other writers give us an account of three more of theuill. When the prince had tin s obtained money, he made a coniract with lome of tho/ e. adventu rers in which Europe at tSiat time abounded : T iiey found liim ioldiers of the fame character with themfelves, who were bound to ferve for afiipul.ited time: The armies were lefs numerous, but more uleful, than when compoied of all the military vailiis of the crown : The feudal iullituti- ons began to relax : l^he kings become rapacious for mo ney, on which ail their power depended : The barons, feeing no end of exactions, fought to defend t icir proper ty : And as the famecaufes h.id nearly ilie fame ctlects in * Rymer, vol. iv. p. .y. Rfiud. Al/o p. T-J. Dice.o, p. - 17. Biomp- lon, p. 112^. f !<; :D. r, vcl. i. : t Madox, p. 435, 43 6 -i;7, 4jS. . a. p. 46 $. CiOItl tlic : 34 8 HISTORY OF ENGLAND. CHAP, the different countries of Europe, the feveral crowns either IX. loft or acquired authority, according to their different *o v ., 1 cefs in the conteft. 1189. THIS prince was alfo the firft that levied a tax on the moveables or perfonal eftates of his fubjects, nobles as well as commons. Their zeal for the holy wars made them fubmit to this innovation ; and a precedent being once ob tained, this taxation became, in following reigns, the ufu- al method of fupplying the neceflities of the crown. The tax of Danegelt, fo generally odious to the nation, was remitted in this reign. IT was a ufual pra&ice ot the kings of England to re peat the ceremony of their coronation thrice every year, on aiTembling the ftates at the three great fefiivals. Hen ry, after the firft years of his reign, never renewed this ceremony, which was found to be very expenfive and very ulelels. None of his fucceflors revived it. It isconfider- ed as a great acl of grace in this prince, that he mitigated the rigour of the foreft laws, and punifhed any tranfgref- fions of them, not capitally, but by fines, imprisonments, and other more moderate penalties. SINCE we are here collecting fome detached incidents, which (how the genius of the age, and which couid not fo well enter into the body of our hiftory, it may not be im proper to mention the quarrel between Roger archbifhop of York, and Richard archbifhop of Canterbury. We may judge of the violence of military men and laymen, when ecclefiaftics could proceed to fuch extremities, Car dinal Haguezun being fent, in 1176,35 legate into Britain, fummoned an aflembly of the clergy at London ; and as both the archbifhops pretended to fit on his right hand, this queftion of predency begat a controverfy between them. The monks and retainers of archbifhop Richard fell upon Roger, in the prefence of the cardinal and of the fynod, threw him to the ground, trampled him under foot, and fo bruifed him with blows, that he was taken up half dead, and his life was, with difficulty, faved from their violence. The archbifhop of Canterbury was obliged to pay a large lum of money to the legate, in order to fup- prefsall complaints with regard to this enormity*. WE are told by Gyraldus Cambrenfis, that the monks and prior of St. Svrithun threw themfelves one day, pro- ftrate on the ground and in the rnire before Henry, com plaining, with many tears and much doleful lamenta tion, that the bifbop of Winchefter, who was alfo their abbot, had cut oif three difhes from their table. How * Bened. Abb. p. 138, 139. Brompton, p. 1109. Chron. Gerv. p. 1433. Keubrig. p. 413. HENRY II. 349 many has he left you ? faid the king. Ten only, replied CHAP, the difconfolate monks. 1 myfelf, exclaimed the king, IX. never have more than three ; and I enjoin your bilhop to * reduce you to the lame number*. 1189. THIS king left only two legitimate fons, Richard who fucceeded him, and John who inherited no territory, though his father had often intended to lea>-e him a part of his extenfive dominions. He was thence commonly de nominated Lackland. Henry left three legitimate daugh ters; Maud, born in 1 156, and married to K enry duke of Saxony; Eleanor, born in 1162, and married to Alphonfo king of CafHle; Joan, born in 1 165, and married to Wil liam king of Sicily f. HENRY is faid by ancient hiftorians to have been of a very amorous difpofition : They mention two of his natural fons by Rofamond, daughter of lord Clifford, namely, Richard Longelpee,or Longfword (io called from the Iword he ufually wore), who was afterwards married to Ela, the daughter and heir of the earl of Salifbury ; and Geoffrey, fuft bifhop of Lincoln, then archbilhop of York. All the other circumftancesof the ftory, commonly told of that lady, feem to be fabulous. * Gir. Camb. cap, 5. in Anglia Sacra, vol. ii. f Diceto, p. 616. ( 35 ) C^AP. x. RICHARD I. The kings preparations for the. crufade Sets out on the crufade Tranfalhons in Sicily King s arrival in Pale/line State of Pale/line Diforders in England The kings heroic adions in Palejiine His return from Pale/line Captivity in Germany War with France The king s delivery -Return to England V/ar with France Death and cha~ ratter of the king Mifceilancous tranfaffions of this reign. ^ B" 1 H E compuncrion of Richard for his undutiful be- JL haviour towards his father was durable, and influ enced him in the choice of his minifters and fervants after his acceffion. Thofe who had feconded and favoured his rebellion, inftead of meeting with that truil and honour which they expeted, were furprifed to find that they lay under difgrace with the new king, and were on all occafi- ons hated and defpifed by him. The faithful minifters of Henry, who had vigoroufly oppofed all the enterprises of hisfons, were received with open arms, and were continu ed in thofe offices which they had honourably difeharged to their former mafter*. This prudent conduct might be the refult of refle6lion ; hut in a prince, like Richard, fo much guided by paflfion, and fo little by policy, it was commonly afcribed to a principle Hill more virtuous and more honourable. RICHARD, that he might make atonement to one parent for his breach of duty to the other, immediately fent orders * Hoveden, p. 655. Bencd. Abb. p. 547. M. Paris, p. 107. R I C H A R D I. 351 for releafing the queen-dowager from the confinement in C H A P. which he <he had long been detained ; and he entrufted her X. with the government of England till his arrival in that v kingdom. His bounty to his brother John was rather llS9< profufe and imprudent. Befides bellowing on him the county of Mortaigne in Normandy, granting him a pen- fion of four thoufand marks a year, and marrying him to Avifa the daughter of the earl of Glocefter, by whom he inherited all the pofleflions of that opulent family, he in- creafed this appanage, which the Jate king had deftined him, by other extcnfive grants and concefiions. He con ferred on him the whole eftate of William Peverell, which had efcheated to the crown : He put him in pofleffion of eight caftles, with all the forefls and honours annexed to them: He delivered over to him no lefs than fix earldoms, Cormval, Devon, Somerlet, Nottingham, Dorfct, Lancaf- ter, and Derby : And endeavouring by favours, to fix that vicious prince in his duty, he put it too mu<:h in his power, whenever he pleafed, to derart from it. THE king, impelled more by the love of military glory than by iupeiftition,ated, from the beginning of his reign, Thc k in f 5 as if the ible purpofe of his government had been the re- f^heT" lief of the Holy Land, and the recovery of Jerufalem fides. from the Saracens. This zeal againft infidels, being com municated to his fubjecls, broke out in London on the day of his coronation, and made them find a crufade lefs dangerous, and attended with more immediate profit. The prejudices of the age Ind made the lending of money on intereft pafs by the invidious name of ufury : Yet the nc- celTity of the practice had ttill continued it, and the greater part of that kind of dealing fell every where into the hands ot the Jews ; who, being already infamous on account of their religion, had no honour to lofe, and were apt to ex- erciic a profelfion, odious in itfelf, by every kind of ri gour, and even fometimes by rapine and extortion. The induftry and frugality ot this people had put them in pof- feflion of all the ready money, which the idlenels and profufion common to the Englifh with other European na tions, enabled them to lend at exorbitant and unequal intereft. The iijonkiih writers represent it as a great itain on the wife and equitable government of Hemy, that he had carefully proteded this infidel race from all injuries and infults; but the zeal of Richard afforded the populace a pretence for venting their animofity againft them. The king had iducd an edict prohibiting their appearance at his coronation ; but fome of them bringing him large pre- fents from their nation, prefumed, in confidence of that 352 HISTORY OF ENGLAND. CHAP, merit, to approach the hall in which he dined : Being dif- X. covered, they were expo Ted to the infults of the byftan- * ders; they took flight ; the people purfued them ; the ru- Il8 9- mour was fpread, that the king had ilTued orders to mafla- cre all th? Jews ; a command fo agreeable was executed in an inllant on fuch as fell into the hands of the populace ; thofe who had kept at home were expofed to equal dan ger ; the people, moved by rapacity and zeal, broke into their houfes, which they plundered, after having murdered the owners ; where the Jews barricadoed their doors and defended themfelves with vigour, the rabble fet fire to the houfes, and made way through the flames to exercife their pillage and violence ; the ulual licentioufnefs of London, which the fovereign power with difficulty retrained, broke out with fury, and continued thefe outrages ; the houfes of the rich citizens, though Chriftians, were next attacked and plundered ; and wearinefs and fatiety at laft put an end to the diforder: Yet, when the king impovvered Glan- ville, the jufticiary, to enquire into the authors of thefe crimes, the guilt was found to involve io many of the moft conficierable citizens, that it was deemed more prudent to drop the profecution ; and very few furFered the punifh- ment due to this enormity. But the diforder flopped not at London. The inhabitants of the other cities of Eng land, hearing of this flaughter of the Jews, imitated the example: In York, five hundred of that nation, who had retired into the caftle for fafety, and found themfelves un able to defend the place, murdered their own wives and children, threw the dead bodies over the walls upon the populace, and then fetting fire to the houfes, perifhed in the flames. The gentry of the neighbourhood, who were all indebted to the Jews, ran to the cathedral, where their bonds were kept, and made a folemn bonfire of the papers before the altar. The compiler of the Annals of Waver- ley, in relating thefe events, blefles the Almighty for thus delivering over this impious race to definition*. THE ancient fituation of England, when the people poffeHcd little riches and the public no credit, made it im- poflTible for fovereigns to bear the expence cf a fieady or durable war, even on their frontiers ; much lets could they find regular means for the fupportof diftant expedi tions like thofe into Paleftine, which were more the refult of popular frenzy than of fober reafon or deliberate policy. Richard, therefore, knew that he mull: carry with him all the treafure neceffary for his enterprife, and that both the remotenefs of his own country and its poverty made it un- * Gale s Colleft. vol. iii. p. 165. R I C H A R D I. 353 able tofurnifli him with thofe continued fupplics which the CHAP. exigencies of ib perilous a war mull neceiiari.y require. X. His father had left him a treafure of above a hundred thoufand marks; and the king, negligent of every confide- llS ration but his prefent object, endeavoured to augment this fum by all expedients, how pernicious foever to the public, or dangerous to royal authority. He put to fale the reve nues and manors of the crown; the offices of greateft trufl and power, even thole of forefter and IherifF, which anci ently were fo important*, became venal ; the dignity of chief jufticiary, in whole hands was lodged the whole ex ecution of the laws, was fold to Hugh de Puzas, bifhop of Durham, for a thoufand marks; the lame prelate bought the earldom of Northumberland for liief; many of the champions of the crofs, who had repented of their vow, purchafed the liberty of violating it ; and Richard, who flood lels in. need of men than of money, dii penfed, on thefe conditions, with their attendance. Elated with the hopes of fame, which in that age attended no wars but thole againft the infidels, he was blind to every other con- fideration ; and when feme of his wifer minifters objected to this diiripation of the revenue and power of the crown, he replied, that he would fell London itfelf, could he find a purchaiar J. Nothing indeed could be a fhonger proof how negligent he was of all future interefts in companion of the crulade, than his felling, for fo fmall a ium as IO,OOO marks, the vaflalage of Scotland, together with the fortrefles of Roxborough and Berwic, the greateft ac- quifition that had been made by his father during the courfe of his victorious reign ; and his accepting the ho mage of William in the u ual terms, merely for the terri tories which that prince held in England j|. The Englifli, of all ranks and Rations, were opprefled by numerous exactions: jMenaces were employed, both againft the in nocent and the guilty, in order to extort money from them: And where a pretence was wanting againft the rich, the king obliged them, by the fear of his difpleafure, to lend him fums which, he knew, it would never be in his power to repay. Bur Richard, though he facrificed every intcreft and conftderation to theluccefsof this pious enterprifr, carried fo little the appearance of fantity in his conduct, that VOL. I. Z z * The flieriff had anciently both the adminiftration of juflice and the ma nagement of the king s revenue committed to him in the county. Siee Halt of Sheriff x Accounts. t M. Mns p. iog. + W. Heming. p. 519. Knygluou, p. i.jo;. l| Ho\edcn, p. 6611. Rymer, vol. i. p. 64. M. Well. p. a,.?. 354 HISTORY OF ENGLAND. CHAP. Fiilk, curate of Neuilly, a zealous preacher of the crufrde, X. who from that merit had acquired the privilege of fpeaking w,-.,, / the boldefl truths, advifed him to rid himielf of his noto- nSo. r ious vices, particularly his pride, avarice, and voluptuouf- nHs, which he called the king s three favourite daughters. You connfel well, replied Richard, and I hereby ^d /pofe cfthejir/i to t/it Templars, of thefecond to the Beneditimes, and of the third to my prelates* RICHARD, jealous of attempts which might be made on England during his abfence, laid prince John, as well as his natural brother Geoffrey archbifhop of York, under engagement, confirmed by their oaths, that neither of them (hould enter the kingdom till his return ; though he thought proper, before his departure, to withdraw this prohibition. The administration was left in the hands of Hugh bilhop of Durham, and of Longchamp bifhop of Ely, whom he appointed judiciaries and guardians of the realm. The latter was a Frenchman of mean birth, and of a violent character; who by art and addrels had infinuated himfelf into favour, whom Richard had created chancellor, and whom he had engaged the pope alfo to inveft with the le- gantine authority, that, by centering every kind o r power in his perfon, he might the better enfure the public tran quillity. All the military and turbulent fpirits flocked about the perfon of the king, and were impatient to difiin- guifh themfelves againft the infidels in Afia ; whither his inclinations, his engagements, led him, and whither he was impelled by meffages from the king of France, ready to embark in this enterprife. THE emperor Frederic, a prince of great fpirit and con- dud, had already taken the road to Palefline at the head of 150,0 x> men, collected from Germany and all the nor thern ftates. Having furmounted every obftacle thrown in his way by the artifices of the Greeks and the power of the infidels, he had penetrated to the borders of Syria; when, bathing in the cold river Cydnus during the greatefi heat of the dimmer i eafon, he was feized with a mortal difiem- per, which put an end to his life and his rafh enterprife *. His army, under the command of his ion Conrade, reached Paleftine ; but was fodiminiihed by fatigue, famine, mala dies, and the fword, that it fcarcely amounted to eight thoufand men ; and was unable to make any progrefs againft the great power, valour, and conduct of Saladin. Thefe reiterated calamities attending the crufades had taught the kings of France and England the neceffity of trying another road to the Holy Land ; and they determin- * Bened. Abb. p. 556. R I C H A R D I. 355 ed to conduct their armies thither by fea, to carry provifi- CHAP ons along with them, and by means of their naval power, X. to maintain an open communication with their own ftates, v *- and with the weftern parts of Europe. The place of ren- 1I 9- dez^ ous wns appointed in the plains of Vezelay, on the f+ borders of Burgundy*: Philip and Richard, on tlieir ar rival there, found their combined army amount to 100,000 2i ) th J une - rncnf ; a mighty force, animated with glory and religion, conducV-d by two warlike monarchs, provided M ith every thing which their leveral dominions could fupply, and not to be overcome but by their own mifconducl, or by the un- furmountablc obftacles of nature. THE French prince and the Engliih here reiterated King fets their promises of cordial friendfhip, pledged their faith ut on the not to invade each other s dominions during the crufade, cru " de> mutually exchangi d the oaths of all their barons and pre- Jat to the fame effect, and fubjefted themfelves to the penalty of interdicts and excommunicatior.s, if they fhould ever violate this public and folemn engagement. T hey then fcparated ; Philip took the road to Genoa, Richard that to Marieilles, with a view of meeting their fleets, which were feveral y appointed to rendezvous in thefe harbours. They put to lea ; and, nearly about the fame time, were obliged, by ftrefs of weather, to take llielter in Medina, where they were detained during- the whole winter. This incident laid the foundation of animofities which proved fatal to their enterprise. RICHARD and Philip were, by the fituation and extent of their dominions, rivals in power ; by their nge and in clinations, competitors for glory ; af-.d thefe cauf->s of emu lation which, had the princes been employed in the field againft the common enemy, might have ftimulated them to martial enterprifes, foon excited, duiing the prefent leifure and repofe, quarre s between monarchs of fucii a fiery character. Equally haughty, ambitious-, intrepid, and inflexible, they were irritated with th^ leaft appea rance of injury, and were incapable, by mutual conde- (cenfions, to efface tlu.fe caufes of complaint which unavoidably aroie between them. Richard, candid, fincere, undeiignin-jf, impolitic, violent, laid 1 inifclf open, on every occafion, to the defigus of his antjgoniii ; \\ ho, provident, intereited, intriguing, failed not to take all advantages againft him: And thus, bcth the circuin- ftances of their diipofition in which they were fimilar, and thole in which they differed, rendered it -rnnollible * Hoveden, p. 660. \ Yiniiauf, p. 305, 356 HISTORY OF ENGLAND. C PI A P. for them to perfevere in that harmony which was fo necef- X. lary to the furcefs t)f their undertaking. THE laft king of Sicily and Naples was William II. who had married Joan, fitter to Richard, and who, dying without iiiue, had bequeathed his dominions to his paternal a mt Conftantia, the only legitimate delcendant furvivirig of Roger, the firft lovereign of thole ftates who had been honoured with the royal title. This princefs had, in ex pectation of that rich inheritance, been married to Henry VI. the reigning emperor *; but Tancred, her natural brother, had fixed fuchan intereft among the barons, that, taking advantage of Henry s abfence, he had acquired pof- feilion of the throne, and maintained his claim, by force of arms, againft all the efforts of the Germans }". The approach of the crufaders naturally gave him apprehenfi- oris for his unftable government ; and he was uncertain, whether he had moft reafon to dread the prefence of the French or of the Englifh monarch. Philip was engaged in a ftrict alliance with the ernperor his competitor: Ri chard was nifgufted by his rigours towards the queen-dowa ger, whom the Sicilian prince had confined in Palermo; becaufefhe had oppofed with all her intereft his fucceflion tothe crown. Tancred, therefore, fenfible of the prefent necediry, refolved to pay court to both thefe formidable princes; and he was not unfuccefsful in his endeavours. He periuaded Philip that it was highly improper for him to interrupt his enterprife againft the infidels, by any at tempt againfl a Chriftian ftate : He rcftored quetn Joan to her liberty ; and even found means to make an alliance \vith Richard, who ftipulated by treaty to marry his ne phew, Arthur, the young duke of Britanny, to one of the daughters of Tancred:}:. But before thefe terms of friend- fhip were fettled, Richard jealous both of Tancred and of the inhabitants of Medina, had taken up his quarters in the fuburbs and had poffefled himlelfof a fmali fort, which commanded the harbour ; and he kept himfelf extremely on Ills guard againft their enterprifes. The citizens took umbrage. Mutual infulrs and attacks paffed between them and the Englifh: Philip, who had quartered his troops in tl.e town, endeavoured to accommodate the quarrel, and he d a conference with Richard for that purpofe. While the two kings, meeting in the open fields wer? engaged in diicourfe on this fubject, a body of thofe Sicilians iee- nied to be drawing towards them ; and Richard pufhed for wards, in order to inquire into the realon of this extraor dinary movement!!. The Engliih, irilolent from their * Bened. Abb. p. 530. f Hoveden. p. 663. t Hoveden, p. (76 677. Bened. Abb. p. 615. || Lened. Abb. p. 608. RICHARD I. 357 power, and inflamed with former ammofities, wanted but Q }{ A p. a pretence for attacking the Meflfinefe : They loon chafed X. them orF the field, drove them into the towi,and entered , with them at the gates. The king employed h : ,3 authority lll )- to reftrdin them fio-.n pillaging and maiTacriftg the de- fencelei s inhabitants; but he gave orders, in token of his victory, that the flandard of England ihould be creeled on the walls. Philip, who confiderer! that place as his quarters, exclaimed again!! the intuit, and ordered ibme of his trcops to pulldown the ftandrird : But Richard in formed him by a metlenger, that, though he hirnfelf would willingly remove that ground of oiience, he would not permit it to be done by others ; and if the French kinjr attempted fucli an inlult upon him, he fhould not hiccecd 1 Ut by the utmoft errufion of biood. Plnlip, content with this fpe- cies of haughtv fubmiffion, recalled his orders* : r l he dif ference was ieemingly accommodated ; but ilill left the re mains of rancour and jealoufy in the breafts of the two monarchs. TANGRED, who, for his own fecurity, defired to inflame their mutual hatred, employed an artifice which might have been attended with confequences flili more fatal. He ll gi, fhowed Richard a letter, finned by the i rench king, and delivered to him, as he pretended, by the duke of Bur gundy ; in which that monarch defired Tana ed to fall upon the quarters of the Knglifh, and promilrd to avTill him in putting them to the hvord, as common enemies. The unwary Richard gave credit to the information ; but was too candid not to betiay his diicon cnt to Philip, who abfolutcly denied the letter, and charged the Sicilian prince with forgery and falfehood. Richard either was, or pretended to be, entirely i atisfiedt. LEST thefe jealoufies and complaints fhould multiply between them, it was propoied, that they mould, by a lo- lemn treaty, obviate all future differences, and adjufi eve ry point that could pof&bly hereafter become a coutroverly between tlietn. But this expedient ftarted a new dilpu^e, which might have proved more dangerous than any of tihe foregoing, and which deeply concerned the honour of Phi lip s family. When Richard, in every treaty uhi~h the late king, infifted fo ftrcnuoully on being allowed to mar ry Alice of Prance, he had only fought a pretence for quarrelling ; and never meant to take to his bed a princeih iufpedted of a criminal amour with his own lather. After he became mailer, he no longer (pake of that alliance : Pie Kcveren. p. 674. | Ibid. p. 6SS. Eencci. Alb. p. 640, 64 j. Bronijdon, p. 1195. 358 HISTORY OF ENGLAND. CHAP, even took meafures for efpoufmg Berengaria, daughter of X. S.mchez king of Navarre, with whom he had become * " enamoured during his abode in Guienne*: Queen Elea- 1 9>- nor was daily expelled with that princefs at Mfffina t : And when Philip renewed to him his applications for elpoufinghis fitter Alice, Richard was obliged to give him an abibiute refufal. It is pretended bv Hoveden, and other hiftorians $, that he was able to produce fuch con vincing proofs of Alice s infidelity, and even of her having born a child to Henry, that her brother defifted from his applications, and chofe to wrap up the difhonour of his family in filence and oblivion. It is certain, from the treaty itfelf, which remains ll, that, whatever were his motives, he permitted Richard to give his hand to Be rengaria ; and having fettled all other controverfies with that prince, he immediately fet fail for the Holy Land. Richard awaited fome time the arrival of his mother and bride ; and when they joined him, he feparated his fleet into two fquadrons, and fet forward on his enterprise. Queen Eleanor returned to England ; but Berengaria, and the queen-dov/ager of Sicily, his fifter, attended him on the expedition**. THE Englifh fleet, on leaving the port of Medina, met with a furious tempeft ; and tlie fquadron on which the two princefTes were embarked, was driven on the coaft of Cv- isth April. p ru s, and fome of the veCTels were wrecked near Limiflb in that illand. Ifaac, prince of Cyprus, who a {Turned the magnificent title of Emperor, pillaged the fhips that were fhancled, threw the feamcn and paflengers into prifon, and even rcfufcd to the princelYes liberty, in their danger ous fituation, of entering the harbour of LimiiTo. But Richard, who arrived foon after, took ample vengeance, on him for the injury. He difembarked his troops; de feated the tyrant, who oppofed his landing ; entered Li miflb by ftorm ; gained next day a fecond victory ; obliged Ifaac to furrender at difcretion ; nnd eftablifhed governors over the iiland. The Greek prince, being thrown into piifonand loaded with irons, complained of the little re gard with which he was treated : Upon which, Richard ordered filver fetters to be made for him ; and this emperor, plea fed with the diftinclion, expreiled a fenfe of the gene- lath May. rofity of his conqueror ff. The king here efpoufed Be rengaria, who, immediately embarking, carried along with her to Paleftine the daughter of the Cypriot prince; a dam * Vinifauf, p. 316. t M.Paris, p. 112. Trivet, p. 102. W. Merriing. p. S") * Hovciien, p. 6SS. l| Rymer, vol. 5. p. 69. C hron. fie D aid. \>. 44. * * Fened. Abb. p. 6^4. ft Beneti. Abb. p. 650. Ann. Waved, p. 164. Vinifauf, p. 328. \V% lictning. p. 523. R 1 C H A R D I. 359 gerous rival, who was believed to have feduced the afFedi- CHAP, ons of her huftund. Such were the libertine character X. and conduct of the heroes engaged in this pious enter- * r~ f 1 1 Q i . P r .... The king s THE Enghih army arrived in time to partake in the aiv ;...,; , glory of the liege of Acre or Ptoiemais, which had been Paieftine. attacked for above two years by the united force of all the Chriftians in PalefHne, and had been defended by the ut- moft efforts of Saladiri and the Saracens. The remains of the German army, conducted by the emperor Frederic, and the feparate bodies of adventurers who continually pou red in from the Weft, had enabled the king of Jerufalem to form this important enterprise* : But Saladin, hav ing thrown a ftrong garrifon into the place under the com mand of Caracos, his own mailer in the art of war, and molefting the befiegers with continual attacks and failles, had protracted the fucceis of the enterprife, and wafted the force of his enemies. The arrival of Philip and Ri chard infpired new life into the Chriftians ; and thefe princes, acting by concert, and fharing the honour and danger of every action, gave hopes of a final viclory over the infidels. They agreed on this plan of operations : When the French monarch attacked the town, the Englifti guarded the trenches: Next day, when the Englifli prince conducted the affault, the French fucceeded him in pro viding for the fafety of the affailants. The emulation be tween thofe rival kings and rival nations produced extra ordinary a<5ts of valour: Richard in particular, animated with a more precipitate courage than Philip, and more agreeable to the romantic fpirit of that age, drew to himfelf the general attention, and acquired a great and fp endid reputation, But this harmony was of ihort duration ; and occafions of difcord loon arofe between thefe jealous and haughty princes. THE family of Bouillon, which had fuft been placed state of on the throne of Jerufalem, ending in a female, Fulk, Paieftine. count of Anjou, grandfather to Henry II. of England, married the heirefs of that kingdom, and tranfmitted his title to the younger branches of his family. The Anjevin race ending alfo in a female, Guy de Lufignan, by eipou- fing Sibylla, the heirefs, had fucceeded to the title; and though he loft his kingdom by the invafion of Saladin, he was ftill acknowledged by all the Chriftians for king of Jerufalem f. But as Sibylla died without iffue, during the fiege of Acre, Ifabclla, her younger fifter, put in her claim to that titular kingdom, and required Lufignan to refign his pretenfions to her hufband Conrade marquis of * Vitiifcuf, p. 269. 271. 279. f Vinifauf, p. 281. 360 HISTORY OF ENGLAND. C H A P. Montferrat. Lufignan, maintaining that the royal title X. was unalienabie and indefeazable, had recourfe to the pro- * , tection of Riclnrd, attended on him before he left Cvprus, 1I 9 and engaged him to embrace his caufe*. There needed no other reafon for throwing Philip into the party of Con- rade ; and the oppofite views of thcfe great monurchs brought faction and duTl nlfion into the Chriftian army, and retarded all^ its operations. The Templars, the Ge- noefe, and the Germans, declared for Philip and Conrade; the Flemings, the Pifans, the knights of the hofpital of St. John, a ihered to Richard and Lufignan. But not- withfbnding thefe disputes, asthe length of the fiege had reduced the Saracen garrifon to the lail extremity, they icthjuly. furrendered themfelves priibners; ftipulated, in return for their lives, other advantages to the ChrifHans, fuch as the , reftoring of the Chriftian prifoners, and the delivery of the wood of the true crof.f ; and this great enterprife, which had long engaged the attention of all Europe and Afu, wasatlaft, after the lofs of 300,000 men, brought to a happy period. Bur Phiiip, inftead of purfuing the hopes of farther conquefl, and of redeeming the holy city from flavery, being difgufted with the afcendant aliumed and acquired by Richard, and having views of many advantages which he might reap by his prefence in Europe, declared his re- folution of returning to France; and he pleaded his bad ftate of health as an excufe for his defertion of the com mon caufe. He left, however, to Richard, ten thoufand of his troops, under the command of the duke of Burgun dy ; and he renewed his oath never to commence hottili- tiesagainft thati>rince s dominions during his abfence. But he had no focyner reached Italy than* he applied, it is pre tend -d, to pope CaJeftiR.e iy. for a difpenlation from this vow; and when denietl that requeft, tfe Itill proceeded, though after a covert manneYfin a project, which the pre- lent fituation of England rendered inviting, and which gratified, in an eminent degree, both his refemment and his ambition. riforders IMMEDIATELY after Richard had left England, and bc- . gun his march to the Holy Land, the two prelates whom he had appointed guardians of the realm, broke out into animofitiesagainft each other, and threw the kingdom into * Trivet, p. 13-}. Vinifauf, p. 342. W. Heming. p. 324. t This true crofs was loit in the baitle of Tiberiade, to which it had been carried by the crufaders for their piotettion. Rigord, an author of that age, fays, that after this difmal event, all the children who were born throughout all Chriftendom, had only twenty or twenty-two teeth, inftead of thiity or thirty two, which was their former complement, p. 14. + Hoveden, p. 665. Knyghton, p. 240^. y W. Heming. p. 528. RICH A R D I. #ii eombufUon. Longchamp, prefutnptuous in his nature, CHAP, elated by the favour which he enjoyed with his mafter, and X. armed with the legantine commiffion, could not fubmit to s ^ im equality with the bifhopof Durham: He even went fo l19 * far as to arreft his colleague, and to extort from him a re futation of the earldom of Northumberland, and of his Other dignities, as the price of his liberty*. The king, informed of thel e uifTenfion.", ordered, by letters from Mar- fcilles, that the bilhop {hould be re inflated in his offices ; but Longchamp had fH!l the boldnefs to refufc compliance, on pretence that he himlelf was better acquainted with the king s fecivt intentions t. He proceeded to govern the dom by his ibie authority ; to treat all the nobility with arrogance ; an I to dii j- .iy his power and riches with an invidious cflentalion. He never travelled without a ftrong guard of fifteen hundred foreign foldiers, collected from that licentious t;ibe with which the age was general ly infefted : Nobles and knights were proud of being ad mitted into his train : His retinue wore the afpeclof royal magnificence: And when, in his progrefs through the kingdom, he lodged in any monaftery, his attendants, it is faid, were fufficient to devour, in one niht, the revenue of feveral years J. The king, who was detained in Eu rope longer than the haughty -prelate expected, hearing of thisoftentation, which exceeded even what the habits of that age indulged in ecck fiafUcs ; being alfo informed of the infolent, tyrannical conduit of his miniller ; thought proper to rettrain his power: Flefent new orders, appoint ing Waiter archbithop of Rouen, William Mareihal earl of Strigul, G?otfrey i iiz-Peter, William Briewere, and Hugh Bardolf, counfieHors to Lonchamp, and command ing him to take no meafure of importance without their concurrence and approbation. But fueh gencr.il terror had this man imp|reiTed by his violent condi^fl., that even the archbi hop of Rwvn am! I D : cf ;. nil duril not produce this marVdate of the king s ; and Longchamp uill maintained an uncontrolled iiutl.oiity over the nation. But when he proceeded fo f jrr r, to throw into priibn Geoffrey atchbiinop of York, \vho had oppofed ^lis mcafures, this 1-reach of ecclefiaflical privileges ex cited iuchan univerfai fernient, tha prince John, diigulted with the fmall (hare he pone (Ted in thr* ;: ivei ;:r;ent, and perlbnally difobliged by Longchamp, ventured to fum- mon, at Reading, a general council of the no. ility and VOL. 1. 3 A i>. f f>5. Knyi-ii ini, |i. 240?. t V, r . Heming. * Hoveden, p. 680. Eencl. Abb. p. v;o. ; . 362 HISTORY OF ENGLAND. CHAP, prelates, and cite him to appear before them. Longchamp- X. thought it dangerous to entruU his perfon in their hands, * and he fhut hitnielfupin the Tower of London ; but being J1 9^- foon obliged to furrender that fortrefs, he fled beyond lea, concealed under a female habit, and was deprived of his offices of chancel or and chief jufHciary ; the laft of which was conferred on the archbiibop of Rouen, a prelate of prudence and moderation. ] he comniitfion of legate, however, which had been renewed to Longchair;p by pope CelefliiiC, fliil gave him, notwithftanding his ablence, great authority in the kingdom, enabled him to diflurb the government, and forwarded the views of 1 hilip, who watched every opportunity of annoying Richard s domini- jj ons. That monarch li r (l attempted to carry open war into Normandy ; !>ut as the French nobility refuled to follow him in an invaiion of a ftate which they had (worn to pro tect, an<l as the pope, who was the general guardian of all princes that bad taken the crois, threatened him with ecclefiaftical cenfures, he defifted fiotn his enterprife, and employed agjiufl England the expedient of fecret policy and intrigue. He debauched prince John from his allegi ance ; prornifed him his fitter Alice in marriage; offered ^ to give him pollelfion of all Richaro s tranlmarine domini ons; and had not the authority of queen Eleanor, and the menaces or the Engiifh council, prevailed over the in clinations of that turbulent piince, he was ready to have cioiFed the feas, and to have put in execution his criminal cnterprifes. THE jealoufy of Philip was every moment excited by heroic ac- S ^ ie glory which the great a6Vionsgf Richard was gaining uoas in him in the Eau\ and which, being compared to his own taiefiine. defertion of that popular caufe, threw a double luftre oa his rival. His envy, therefore, prompted him to obfcurc that fame whicli he had not equalled ; and he embraced every pretence of throwing the moft violent and mod im probable calumnies on the king of Englar-d. There was a petty prince in Afia, commonly called The old man of the mountain, who had acquired fuch an alcendant over his fanatical iubjedls, that they paid the nioft implicit de ference to his commands ; elleemed atlaffination meritori ous, when fanttified bv his mandate; courted danger, and even certain death, in the execution of his orders; and fancied, that when they facrificed their lives for his fake, the highell joys of paradife were the infallible reward of their devoted obedience*. It was the cuftom of this prince, when he imagined hirnielf injured, to dilpatch Iccretly * \V. Healing, p. 532. Eiompton, p. 12^3. R I C H A R D I. 363 fbmc of his fubjefts againft the aggreflor, to charge them CHAP, with the execution of his revenge, to inHrucl them in eve- X. ry art of diiguifing their purpofe ; and no precaution was ^r-* fufhcient to guard any man, however powerful, ag.tinfl the attempts of thufe iubtleand determined ruffians* 1 he greatett monarchs floor) in awe of this prince of the Aflaf- fins (for that was the name of his people; whence the word ha-- paHPed into mod European languages), and it was the higheft indifcretion in Conrade m irquis of Monfferrat to offend and arr ront him. The inhabitants of Tyre, who were governed by that nobleman, had p it to death lome of this dangerous people: The prince demanded fatisfac- tion ; for, as he piqued himielf on never beginning any offence*, he had his regular and eftablilhed formalities in requiring atonement : Conrade treated his mefil-ngers with dildain : The prince iflued the fatal orders : Two of his fubjecb, who had infinuared themlelves in difguiie among Conrade s guards, openly, in the flreets of Sidon, wounded him mortally ; and when they were feized and put to the .moil cruel tortures, they triumphed an.idft their agonies, and rejoiced that they had been defined by h-eaven to fuf- fer in ib jufi and meritorious a caufe. EVERV one in PalefHne knew from what hand the blow came. Richard was entirely free from fulpicion. Though that monarch had formerly maintained the caufe of Lufig- n;m agjini^ Conrade, he, ha d> become fenfi ile of the bad effects attending thofVdiirenfions, and had voluntarily v conferreil on the formet the kingdom of Cyprus, on con- d tion th.it he mould relign to his rival all pretenfions to the crown of Jerufalemf . Conrade himielf, with his dying breath, had recommended his widow to the protection of Richard ; the prince of the alYaflins avowed the action in a formal narrative which he lent to Europe II; yet on this foundation, the king of France thought fit to build the moil egregious calumnies, and to impute to Ri hard the murder of themirquis of Mont ferret, whole elevation he had once openly oppofed. Me filled all Europe with ex clamations againll the crime; appointed a gunrd for his own perlon, in order to defend himfelf againfl a like at tempt**; and endeavoured, by thcfc (hallow artifices, to cover the infamy of alf.ickin^ the dominions of a prince, whom he himielf had del erted, and who was engaged with io much glory in a war, univerfally acknowledged to be the common caulo of Chiiltcndorn. Rymer, vol. i. p. 7 . f Vin !;uf, p. ? ,-. i Srom P- 124}. ynicr, vol. i. ;-. 71. iii-.t-t, n. \-> \. \\ . lu-in.in!, 1>- 311- n;> * \v. h;".ii:^. p. 53?. Br< . p. i. jj. HISTORY OF ENGLAND. Bur Richard s heroic actions in Faleftirie were thd bell apology for his conduct. The Chriftian adventurers under his command determined, on opening the campaign, to attempt the liege of Aicalon, in order to prepare the way for that of Jerufaiem ; and they mart hod along the fea- coafl with that intention. Salad in purpofed to Intercept their palVage; and he placed himfelf on the road with an army amounting to ;:oo,ooo combatants. On this occafion waa fought one of the greateft battles of that age; and the moll celebrated, for the military genius of the commanders, for the number and valour of the troops, and for the great variety of events which attended it. Both the right wing of the Chriftiaris, commanded by d Avefnes, and the left, conducted by the duke of Burgundy, were, in the begin ning of the day, broken and defeated; when Richard, who led on the main body, refiored the battle ; attacked the enemy with intrepidity and prefence of mind; perfor med the part both of a confummate general and gallant foldier; and not only gave his two wings leifure to recover from their confuGon, but obtained a complete victory over the Saracens, of whom forty thoufand are laid to have perifhed in the field*. Afcalon foon after fell into the hands of theChriftians: Other fiegeswere carried on with equal iuccels: Richard iv.is even able to advance within Tight of Jerufaiem, the object of his entcrprife; when he had the mortification to find, that he muft abandon all hopes of immediate fuccefs, and muft put a (lop to his career of vicloiy. The crufaders, animated with an eri- thuflaftic ardour for the holy wars, broke at firft through all regards to fafetv or intereft in the profecution of their purpose; and trutling to the immediate affiftance of hea ven, iet nothing before their eyes but fame and victory in this world, and a crown of glory in the next. But long abience from home, fatigue,*difeaie, war.t, and the variety of incidents which naturally attend war, had gradually abated tnat fury, \vhich nothing was able directly to with- ilarid; and everyone, except the king of England, ex- prefled a defire of fpeedily returning into Europe. The Germans and the Italbns declared their resolution of de- fifiiag from the enterpiiie : The French were ftill more pbftinatc in this vsnrpofe: The duke of Burgundy, in order to pay court to Philip, took all oppoi tunities of mortifying and oppofing Richard f. And there appeared an abfolute neceiP.ty of abandoning for the prefent ull hopes of farther conquer), and of it-curing the acquifitions of the Chriflians * Hr-nkn, p M;h. 11.677. DicctO p. 662. Ki- P. 1214. | Vinii .,i l f, p. 380. R I C H A R D I. 365 by an accommodation with Saladin. Richard, therefore, C H A P. conci . rL d a truce with that monarch, and ftipulated, that X. Acre, : ;ipa, Jivl other feaport towns of Palcitine, Ihould v ^ : ;indsof the Chriilians, and that every one ll92 oi t::at religion (hould have liberty to perform his pilgri mage to Jerusalem unmolefted. This truce was concluded for three years, three mouths, three weeks, three davs, and three hours; a magical number, which, had probably been devifed bv the Europeans, and which was fuggefted by a fupefliiion well luited to the object of the war. THE liberty, in which Saladin indulged the Chriftians, to perform their pilgrimages to Jerufalem, was an eafy facritice on his part ; and the furious wars which he waged in defence of the barren territory of Judea, were not with him, as with the European adventurers, the refult of fu- pcrftition, but of policy. The advantage indeed of icience, moderation, humanity, was at that time entirely on the fide of the Saracens; and this gallant emperor, in particu lar, difplayed, during the couife oi the war, a i pirit and gcnerofity, which even his bigotted enemies were obliged to acknowledge and admire. Richard, equally martial and brave, carried with him more of the barbarian charac ter ; and was guiitv of acts of ferocity, which threw a (lain on his celebrated victories. When Saladin refufed to ratify tlie capitulation of Acre, the king of England ordered alibis prifoner?, to the number of five thoufand, to be butchered ; and the Saracens found themielves oblig ed to retaliate upon the Chriftians by a like cruelty *. Sa ladin died at Damafcus foon after concluding this truce with the princes of the crufade : It is memorable, that, before he expired, he ordered his winding-fheet to be car ried as a ftandard through every ftreet of the city ; while a cri;;r went before, and proclaimed with a loud voice, I Ins is all that remains to the. mighty Saladin, thz conque ror of thz Eafl. By his lalt will he ordered charities to be diftributed to the poor, without difiin&ion of Jew, Chrif- v ..n, or Mahometan. THERE remained, after the truce, no bufinefs of impor- The king s tance to detain Richard in 1 aleOine ; and the intelligence """^ which he received, concerning the intrigues of Ins brother 1 ^^ e . a John, and thole of the king of IYa;;cc, made him lenfi- bie, that his prelcnce was necclliry in Europe. As he d ircd not to pafs through France, lie failed to the Adriatic ; and being fhipv/recked nt ar Aquiieia, he put on (he clif- guile ot a pilgrim, with a purpoie of taking his jou. . * HovLvlen. p. 607. Rent-d. ALb. p. 673. M. Pails, p. 115. \ ?66 HISTORY OF ENGLAND. vJ CHAP, fecretly through Germany. Purfued by the governor of X. Iftria, he was forced out of the direft road to England, v v and was obliged to pafsby Vienna; where hisexpences and Mga. liberalities betrayed themonarch in the habit of thepilgrim ; eember!" anc ^ e was arrellbd by orders of Leopold duke of Auftria. This prince had ferved under Richard at the fiegeof Acre ; but being dilgufted by fome infult of that haughty mo- na:ch, he was io ungenerous as to feize the prefent oppor tunity of gratifying at once his avarice ^nd revenge ; and IT 93- he threw the king into p ifon. The emperor Henry VI. who alfo confidered Richard as an enemy, on account of the alliance contrafted by him with Tancred king of Sici ly, difp .itched mefleagcfs to the duke of Auflria, required the royal captive to be delivered to him, and ilipulated a . large (urn of money as a reward for this fervice. Thus the Germany. k.ng of England, who had filled the whole world with his renown, found himfelf, during the molt critical ftate of his affairs, confined ia a dungeon, and loaded with irons, in the heart of Germany *, and entirely at the mercy of his enemies, tlu bafeft and moft fordid of mankind. THE Englim council was aftonifhed on receiving this fat:;l intelligence ; and forefaw all the dangerous confe- quences which might naturally arile from that event. The queen-dowager wrote reiterated letters to pope CeleOine, exclaiming againft the injury which her fon had fuftained ; reprefentina. the impiety of detaining in prifon the moft illuilrious prince that had yet carried the banners of Chrifl into the Holy Land ; claiming the protection of the apoflo- lic fee, which was due even to the meaneft of thole adven turers ; an>l upbraiding the pope, that, in a caufe where jullice, religion, and the dignity of the church, were fo much concerned, a caufe which it might well befit his holi- ne.fs himfelf to fupport by taking in perfon a journey to Germany, the fpiritual thunders fhould fo long be fulpen- ded over thofe facrilegious offendersf. The ^eal of Ce- lefiine cofrefponded n^t to the impatience of the queen- mother ; and the regency of England were, for a long time, left to ftruggle alone with all their domeflic and fo reign enemies. V arvrith TilK king of France, quickly informed of Richard s Fiance confinement hy a me iTjge from the emperorj, prepared, himfelf to take advantage of the incident ; and lie employ ed every means of force and intrigue, of war and negotia tion, againft the dominions .and the perfon of his unfortu nate rival. Me revived the calumny of Richard s altatfi- * Cliron. T. Wykes, p. 35. f Rvmer, vol. i, p. 72, 73, 7^, 7J, 76, Sec. ^ ib:d. p. 70. R I C H A R D I. 367 nating lire marquis of Montfcrrat; and by that abfurd pre- C I- 1 A 1\ tence he induced his barons to violate their o.iths, by X. which they had engaged that, during the crufade, they ( never would, on any account, attack the dominions of the "Di king of England. He made the emperor the largett offers, if he would deliver into his hands the royal prifoner, or at leall detain him in perpetual captivity : He even formed an alliance by marriage with the king of Denmark, defi led that the ancient Danifh claim to the crown of England fhould be transferred to him, and folicited a fuppiy of (hip ping to maintain it. But the ri.oft fuccelsful of Philip s negotiations was with prince John, who, forgetting eve ry tye to his brcther, his fcvereimi and his benefactor, thought of nothing but hew to make his own advantage of the public calamities. That traitor, on the full invitation from the court of France, furldenly went abroad, had a conference with Philip, and made a treaty, cf which the object was the perpetual ruin of his unhappy brother. He ftipulatcd to deliver into Philip s hands a great part of Nor mandy *: he received, in return, the inveftiture cf all Richard s tranfmarine dominions ; and it is reported by feveral hiftorians, that he even did homage to the French king for the crown of England. IN coafequence of this treaty, Philip invaded Norman dy ; and by the treachery of John s emiflaries, made him- lelr matter, without oppofition, of many fortrefles, Neuf- chatel, Neaufie, Gifors, Pacey, Ivree : He fubdued the counties of Eu and Aumale; and advancing to form the fiege of Rouen, he threatened to put all the inhabitants to the fword, if they dared to make refinance. Hap pily, Robert earl of Loicetter appeared in that critical mo ment ; a gallant nobleman, who had acquired great honour during the crulade, and who, being more fortunate than his mailer in finding his pafTage homewards, took on him the command in Rouen, and exerted himfelf, by his ex hortations and example, to infuie courage into the dlfmaycd Normans. Philip was repulfecl in every attack; the time of iervice from his vaTTals expired ; and he confented to a trurc with the Englifh regency, received in return the promife of 20,000 marks, and had four caflles put into his hands, as /ecurity for the payment f. PRINCE John, who, with a view of increafing the ge neral contufion, went over to England, was ftill lels fuc- cefsful in his enterprifes. He was only able to make him felf matter of the catties of Windlbr and VVallii^ford ; * Rymer, vol. i. p. 85. t Hovede-.i, p. 7^0, /ji. Rytusr, ^ol. i. p. Si. 3 68 H I S T O R Y O F E N G L A N D. CHAP. but when he arrived in London, and claimed the kingdom X. as heir to his brother, of whol e death he pretended to v s ; have received certain intelligence, he was rejecled by all "93- the barons, and meafures were taken to oppofe and Tub- due him*. The judiciaries, fupported by the general affection of the people, provided to well for the defence of the kingdom, that John was obliged, after fome fruit- lefs efforts, to conclude a truce with them; and before its expiration, he thought it prudent to return into France, where he openly avowed his alliance with Philip f. MEANWHILE the high fpirit of Richard fuffered in Ger many every kind of inlult and indignity. The French am- bafladors, in their mailer s name, renounced him as a vaf- lal to the crown of France, and declared all his fiefs to be forfeited to his liege-lord. The emperor, that lie mitrht render him more impatient for the recovery of his liberty, and make him iubmit to the payment of a larger ranfom, freutcJ him with the greatert teverity, and re J ucc 1 him to a condition worle than that of the meaneft malefactor. He was even produced before the diet of the empire at Worms, and accuied by Henry of many crimes and mifdemeanors ; of making an alliance with Tancred, the ufurper of Sicilv ; of turning the arms of the Crulade agnind a Chriftian prince, and fubduing Cyprus; of affronting 5 the duke of Auftria before Acre; of obftru&ing the progrefs of the Chriftkin arms by his quarrels with the king of France; of aflaffinating Conrade marquis of Montrcrrat ; and of con cluding a truce with SaLdin, and leaving Jerufalem in the hands of the Saracen emperor J. Richard, whofe fpirit was not broken by his misfortunes, and whole genius was rather rouled by ihefe frivolous or fcandalous imputations; after premifing, that his dignity exempted him from an- iwering before any jurifdic-tion, except that of heaven ; yet condefcended, for the fake of his reputation, to juftify his conduct before that great affembly. He obferved, that he had no hand in Tancred s elevation, and only concluded a treaty with a prince, -y.-hom he found in pofleffion of the throne: That the king, or rather tyrant of Cyprus, had provoked his indignation by the moft ungenerous and un- juft. proceedings; and though he chaflifed this aggrelTor, he had not retarded a moment the progrefs of his chief en- terprile: That if he had at any time been wanting in civi lity to the duke of Auftria, he had already been fufiici- ently punifhed for that tally of paffion ; and it better became men, embarked together in fo holy a caufe, to forgive each * Ho - .- icn, p. 724. t W. Heming. p. 536. J M. t aris, i). Hi. W. Hem :ng. p. 536. RICH A R D I. 06} other s infirmities, thm to purfue a flight offence with fuch C H A I , unrelenting vengeance : "1 hat it h.ul ii::ricier.t!y appeared X. by the event, whether the king of France or he were mod "* zealous for the conqueft of the Holy Ln;.d, and were nu->t likely to facrifice private paflions and animofities to that great object : That if the whole tenor of his life had not ihown him incapable of a bale afTaflination, and juftifi.-.l him from that imputation in the eyes of his very enemies, it \v.s in vain for him, at prefent, to make his apology, or plead the many irrefragable arguments which he could produce in his own favour : And that, however he might - 1 the necelhty, he was fo far from being aiharr;cd of histii.ce with S.iL.din, that he rather gloried in that event; and thought it extremely honourable, that, though aban- ! bv ali the world, fupported only by his own ccu- ;.ind by the final I remains of national troops, he could yet obtain fuch conditions from the moft powerful and moft n- iriike emperor that the Eaft hnd ever yet produced. Richard, alter thus deigning to apologife for his conduct, burft out into indignation at the cruel treatment which he had met with ; that he, the champion of the crols, fiill wearing that honourable badge, fhould, after expending the blood and treafure of his i ubjectsin the common caufc of Christendom, be intercepted by Chriftian princes in his return to his own country, be thrown into a dungeon, be loaded with irons, be obliged to plead his caufe, as if he were a fubjecl and a malefactor ; and, what he Hill more re gretted, be thereby prevented from making preparations for a new crulade, which he had projected, after the expiration of the truce, and from redeeming the iepulchre of Chrift, which had fo long been profaned by the dominion of infi dels. Thefniritand eloquence of Richard made fuch im- preffion on the German princes, that they exclaimed loud ly againft the conduct of the emperor, the pope threatened him with excommunication; and Henry, who had heark ened to the propofals of the king of France and prince John, found that it would be impracticable for him to exe cute his and their bale purpofes, or ta detain the king of England any longer in captivity. He therefore concluded with him a treaty for his ranlbm, and agreed to reftore delivery! him to his freedom for the fum of l :, 0,000 marks, about 300,000 pounds of our prefent money; of which 100,000 marks were to be paid before he received his liberty, and fixty-feven boftages delivered for the remainder*. The emperor, as if to glofs over the infamy of this tranfaclion, VOL. I. 3 B * Rymer, vol. i. p. S-j. 370 HISTORY OF ENGLAND. CHAP, made at the fame time a prcfent to Richard of the king- X. dom of Aries, comprehending Provence, Pauphiny, Nar- w bonne, and othcrftates ; over which the empire had iome "^* antiquated claims; a prefent which the king very wifely neglected. THE captivity of the fuperior lord was one of the cafes provided for by the feudal tenures; and all the vaflals were in that event obliged to give anaid for hi>ranfom. Twen ty fhillings were therefore levied on each knighi s fee in England; but as this money came in flowlv, and was not Sufficient for the intended purpofe, the voluntary zeal of the p eople readily fupplied the defit iency. The churches and monalle-ies melted down their pi >te, to the amount o| 30,000 marks; the bilhops, abbots, and nobles, paid a 1104. fourth of their yearly rent ; the parochial clergy contri- 4:hi>b buteda tenth of their tithes : And he requifite (urn being thus collected, queen Eleanor, and Walter archbifhop of Ro:ien, let out with it for Germany ; paid the money to the emperor and the cfuke of Aufhia at Mentz; delivered them hoftages for the remainder; and freed Richard from captivity. Hisefcapewas very critical. Henry had been detected in the affifiination of the bilhop of Liege, and in an attempt of a like nature on the duke of Louvaine; and finding himfelf extremely obnoxious o the German prin ces on account of thefe odious practices, he had determi ned to leek fupport from an alliance with the king of France; to detain Richard, the enemy of that prince, in perpetual captivity ; to keep in his hands the money which .he had already received for his ranfom; and to extort frefh fuins from Philip and prince John, who were very liberal in their offers to him. He therefore gave orders that Rich ard mould be purlued and airefted: but the king, making ail imaginable haftc, had already embarked at the mouth of the Scheldt, and was out of fight of land, when the mellengtrs of the emperor reached Antwerp. King s re- THE joy of the Englifh was extreme on the appearance turn to of their monarch, who had fuffered fo many calamities, aShMarch. who had acquired fo much glory, and who had fpread the reputation of their name into the fartheft Eaft, whither their fame had never before been able to extend. He gave them, foon after his arrival, an opportunity of publicly difplaying their exultation, by ordering himfelf to be crowned anew at Winchefter ; as if he intended, by that ceremony, to reinftate himfelf in his throne, and to wipe off the ignominy of his captivity. Their fatisfaclion was not damped, even when he declared his purpofe of relum ing all thofe exorbitant grants, which he had been necef- fitated to make before his departure for the Holy Land. RICHARD I. 371 The barons alfo, in a great council, confifcated, on account CHAP. of his trealon, all prince John s pofleifions in England ; X. and they affifted the king in reducing the fortrcfles which v / ftill remained in the hands of his brother s adherents*. 1! 9* Ricrurd, having iVttled every thing in England, pafled over with an army in Normandy J being impaiient to make war on Philip, and to revenge him fe If for the many inju ries which he had received from that monarch f. As loon as Philip heard of the king s deliverance from captivity, he wrote to his confederate John, in thefe terms: Take care yourfelf : The deud is broken loofe :. WHEN we confider fuch powerful and martial monarchs, \v a r wiih inflamed with perlbnal animofity agninll each other, en- France. raged by mutual injuries, excited iiy rivalfliip, impelled by oppofite interefts, and inftigated by the pride and vio lence of their own temper ; our curiofity is naturally raifed, and we expert an obftinate and furious war, diftinguifhed by the great eft events, and concluded by feme remarka ble cataftrophe. Yet are the incidents, which attend thofe hofti ities, lo frivolous, that fcarce any hiftorian "an en tertain fuch a pailion for military defcriptions ss to venture on a dqtfiil of them: A certain proof of the extreme weak- nefsof princes in thofe ages, and of the little authority they pofTeflfed over their refractory vaflals! The whole amount of the exploits on both fides is, the taking of a caflle, the furprife of a draggling party, a rencounter of horfe, which refembles more a rout than a battle. Richard obliged Philip to raife the fiege of Verner.il; he took Loches, a fmall town in Anjou ; he made himfeif mafter of Beau mont, and fome other places of little conlequence ; and after thele trivial exploits, the two Kings began already to hold conferences for an accommodation. Philip infifted that, if a general peace were concluded, the barons on each fide (hould, for the future, be prohibited from car rying on private wars againft ea<. h other : But Richard re plied, that this was a right claimed by his vafials, and he could not debar them from it. After this fruitleis negoti ation, there enfued an action between the French and Eng- lifn cavalry at Fretteval, in which the former were routed, and the king of France s cartulary and records, which commonly at that time attended his pcrfon, were tak.-i;. But this victory leading to no important advantages, a truce for a year was at Jail, from mutual weakncfs, concluded between the two mon.irciis. Moretkn, p 737. Ann. \Va.-ci!. p. 165. \V. Ueminj.p. 540, Hcseilei), p. 740. J itiil. /j.j. 572 II I S T O R Y OF E N G L A N D. CHAP. DURING this war, prince John deferred from Philip, X. threw himle f at his brother s feet, craved pardon for his * .. onenccs, and by the interceffion of queen Eleanor was 1194. received into favour. I forgive him, fain the kins;, and hope 1 jliail as eafoyfoiget his injuries, as kc will my par don, John was inc;;. -.:!?!.: even of returning to his duty, without committing a bafenefs. Before he left Philip s par- ty, he invited to dinner ail the officers of the garrifoti which that prime had placed in the citadel of Evreux ; lie maiTacred them during: the entertainment ; fell, with the affiftance of the townfmen, on the garrifon, whom he put to the fword ; and then delivered up the place to his brother. M HE kincrof France was the great obje<5l of Richard s refentment and ar.irnofity : The conduit of John, as well as that of the emperor and duke of Aufiria, had been fo bafe, and was expofed to i uch general odium and reproach, that the king deemed him felt lufHciently revenged for their injuries ; and he ieenis never to have entertained any project of vengeance againft any of them. The duke cf AuUria, about this time, having crufhed bis leg by the fall of his hcrfe at a tournament, was thrown into a fever ; and being ft ruck, or. the reproaches of death, with remorie for his injuflice to Richard, he ordered, by will, all the Englifh hostages in his hands to be fet at liberty, and the remainder of the debt due to him to be remitted : His fon, who feemed inclined to difobey thele orders, was con- 195. drained by his ecclefir.fiirs to execute them*. The ern- peior alfo made advance? for Richard s friendfhip, and of fered to give him a difcharge of all the debt not yet paid to him, provided he would enter into an offcnfive alliance againft the king of France; a propofal which was very acceptable to Richard, and was greedily embraced by him. The treaty with the emperor took no efiet ; hut it ferved to rekindle the war between France and England before the expiration of the truce. This war w::s net diftinguifhed by any more remarkable incidents than the foregoing. Af ter mutually ravaging the open country, and taking a few infignificant cafiles, the two kings concluded a peace at Louviers, and made an exchange cf tome territories with 1.96. < each other f. Their inabiliiy to wage war occafioned the peace: Their mutual antipathy engaged them again in war before t\vo months expired. Richard imagined, that he h. id now found an opportunity of training gjeat advan tages, over his rival, by fcrminu. an alliance with the counts of Flanders, Tou oufe, Boulogne/ Champa gne and other * R \rner, vol. i. y. fS. iv?. t Iblc. p. 01. R I C H A R D I. 373 confiderable vatTals of the crown of France*. But he foon CHAP, experienced the infincerity of thofe princes ; and was not able to make any impreflion on that kingdom, while go verned by a monarch of fo much vigour and activity as Philip. The moll remarkable incident of this war was the taking; prilbner in battle the bifhop of Beauvais, a mar tial prelate, who was of the family of Dreux, and a near relation of the French king s. Richard, who hated that bifhop, threw him into prifon, and loaded him with irons; and when the pope demanded his liberty, and claimed him as his Ion, the king fent to his holineis the coat of mail which the prelate had worn in battle, and which was all befmeared with blood: And he replied to him, in the terms employed by Jacob s fons to that patriarch, This have ws found : Know now whether it be thy Jon s coat or no\. This new war between iingland and France, though carried on with fuch anin.fny thru both kirrgs frequentfy put out the eyes of their prifoners, was foon finifhed by a truce of five years ; and immediately after figning this treaty, the kings were ready, on fome new offence, to break out again into hoflilities ; when the mediation of the cardinal of St. Mary, the pope s legate, accommodated the difference \. This prelate even engaged the princes to commence a treaty fora more durable peace; but the death of Richard put an end to the negotiation. VIDOMAR, vifcount of Limoges, a vafTal of the king s, had found a treafure, of which he lent part to that prince as a prefent. Richard, as fuperior lord, claimed the whole; and, at the head of fome Braban9ons, befieged the vifcount in the caftle of Chains, near Limoges, in order to make him comply with his demand ||. The garrifon offered to furrender ; but the king replied, that, fince he had taken the pains to come thither and befiege the place in perfon, he would take it by force, and would hang every one of them. The fame day, Richard, accompanied by Marca- dee, leader of his Braban9ons, approached the cr.0!e in order to furvey it; when one Bertrand de Gourdon, an archer, took aim at him, and pierced his moulder with an 2 sthMarca. arrow. The king, however, gave orders for the alTault, took the place, and hanged all the garrifon, except Gour don, who had wounded him, and whom he refeived for a more deliberate and more cruel execution * *. THK wound was not in itfelf dangerous; but the un- fkilfulnefs of the iurgeon made it mortal : He fo rankled ;. n. -, p. I . -nMiptovi, p. 1275. Ryr.icr, vol. i. p. oj. .;>. yxxvii. ver. 32. M. Paiis, p. 128. Brompton, p. i-/> Rymer, vol. i. p. inq.no. j; Hoveden, p. 791. Kny,i,li.o;i. 3?4 HISTORY OF ENGLAND. CHAP. Richard s flioulder in pulling out the arrow tha | a f / 1 f XV grene enfued ; and that prince was now ienfible that his ^_i^ life was drawing towards a period. He lent for Gourdon and -99- afked him, Wretch, what have 1 ever done io you, to oblige you to fed my life? - What have you done to me? re- fried coolly the prifoner : You killed uuh your own hand \ny father and my t^c brothers ; and you mended to have hanged my [elf: / ^ wr P** r r > an "> OU , * gut rev^e, by Infiffing on me the mo ft J ever e ^nts . But mall endure them all with pleajure F^ d ***& tiat / hav* been Jo happy at to rid the world of.fu.ha nui- Jance *. Richard, ftruck with the aion f ? nc s * reply, and humbled by the near approach of death, o< ed oourdon to be let at liberty and a fun, of money to be given him; but Marcadee, unknown to him, ieized t 6* April, unhappy man, fl-ayed him alive and^then hanged hm. ceath Kichwddied in the tenth year of h-s re lg n and the forty- fccondof his age; and he left ^ ^^^ ^ andcha- THE mo ft (hinine part of this prince s character are his f ?^ military talents. No man, even in that romantic age, a th king Hed peLnal courage and intrepidi.y to a P"**^ and !us quality gained him the appcl ation of the hon- hearted,,l,r delion. He paffionatciy oved g ory ,c afly military glory ; and as hisconduftm the fickl was ^n^ m- ferior to his valour, he fe^ms to have poffeiled every talent neceffary for acquiring it. His ^-g"^^ hich his pride unconquerable , and his fubje^s, as 1 ts neighbours, had" therefore reaion to apprehend from the continuance of his reign, a T ^ al 1 ^ene o blood and violence. Of an .mpetuous and ^ 1 P rit, he was diftinguifhed by ail the good a, -we 1 as the bad qualities, incident to that charader . frank generius, fincere, and brave ; he wasreve, ^ge h,I. . domineering, ambitious, haughty^ and cruel and uas^ thu better Calculated to dazzle men by the fptendo r or enterprifes, than either to promote the.r ^P^^ l ^ own grandeur, by a found and ^eU regulated poM, As military talents make great ircpreffi on on t he peup k he Sem .have been much .bdovc d by h ^^^ = . Bmmpton, p, which he had acquired in the Eaft, that he determined, CHAP, notwithftanding his pad misfortunes, to have farther ex- X. haufted his kingdom, and to have expofed himfelf to new hazards, by conducting another expedition againfl th in- ll w- fidels. THOUGH the Englifh plea fed themfelves with the glory Mifceiiane- which the king s martial genius procured them, his reign ous traniac- was very oppreffive, and Ibmewhat arbitrary, by the high taxes which he levied on them, and often without confent of the Hates or great council. In the ninth year of his reign, he levied five millings on each hyde of land ; and becaufe the clergy refilled to contribute their (hare, he put them out of the protection of law, and ordered the civil court; to give them no fentence for any debts which they might claim*. Twice in his reign he ordered all his charters to be fealed anew, and the parties to pay fees for the renewal f. It is laid that Hubert, his juftictary, fent him over to France, in the fpace of two yeais, no lefsa fumthan 1,100,000 marks, befides hearing all the charges of the government In England. But this account is quite incre dible, unlefs we fuppofc Richard made a thorough dilapi- elation of the demefnesof the crown, which it is not likely he could do with any advantage after his former refump- tion of all grants. A king, who poflefJed fuch a revenue, could never have endured fourteen months captivity, for not paying 150,000 marks to t ae emperor, and be obliged at laft to leave hoftages for a third of the fum. The prices of commodities in this reign are alfo a certain proof that no fuch enormous fum could be levied on the people. A hyde of land, or about a hundred and twenty acres, was commonly let at twenty fhil lings a year, money of that time. As there were 243,600 hydes in England, it is eafy to compute the amount of all the landed rents of the king dom. The general and ftated price of an ox was four (hil lings ; of a labouring horfe the fame; of a fow, one {hilling; of a (beep with fine wool, ten-pence; with coarfe wool, fix pence {. Thefe commodities feem not to have advanced in their prices fince the conqueft ||, and to have (till been ten times cheaper than at prefent. RICHARD renewed the fevere Jaws againfl tranfgreflors in his forefts, whom he punimed bycaftration and putting out their eves, as in the reign of his great-grandfather. He eftablifhed by law one weight and meafure throughout his kingdom** : A ufeful inftitution, which the rnercena- Hiveden, p. 743. Tyrrel, vol. ii. p. 56}. f Prynne s < hronol. V indic. torn. i. p. 1153. Hovi-iien, p. 745. || See note [S] at the end of the volume. * * M. Paris, p. 1^9. 134. Tiive ., 1>. 127. Ann. Waver! . p. 165. Hoveden, p. 774. c?6 HISTORY OF ENGLAND. C H A P. ry difpolition and neceffities of his fucceflbr engaged him X. todifpenfe with for money. v - -- THE disorders in London, derived from its bad police, ll ? i > had rifen to a great height during this reign ; and in the year 1196, there feemed to be foimed fo regular a confpi- racy among the numerous malefactors, as threatened the city with ddtruflion. There was one William Fitz-Of- bert, commonly called Longbeard, a lawyer, who had ren dered himlelf extremely popular among the lower rank of citizens; and, by defending them on all occafions, had acquired the appellation of the advocate or iaviour of the poor. He exerted his authority, by injuring and iniulting the more fubftantial citizens, with whom he lived in a iVate of hostility, and who were every moment expofcd to the mud outrageous violences from him and his licentious emifiarits. Murders were daily commitred in theftreets; houfes were broken open and pillaged in day-light; and it is pretended, that no lei s than fifty-two thoufand perfons had entered into an affociation, by which they bound them- ieives to obey all the orders of this dangerous ruffian. Archbifliop Hubert, who was then chief jufticiary, fum- moned him before the council to anfwer for his conduct ; but he came fo well attended, that no one durft accufe him, or give evidence againit him ; and the primate, find ing the impotence of law, contented himfelf with exacting from the citizens hofiages for their good behaviour. He kept, however, a watchful eye on Fitz-Ofbert ; and feiz- ing a favourable opportunity, attempted to commit him to cuilody ; but the criminal, murdering one of the public officers, eicaped with his concubine to the church of St. Mary le Bow, where he defended himfelf by force of arms. He was at lafl forced from his retreat, condemned, and ex ecuted, amidft the regrets of the populace, who were fo dc"o!cd to his memory, that they ftole his gibbet, paid the fame veneration to it as to the crofs, and were equally zea lous in propagating and attefting reports of the miracles wrought by it". But though the fectaries of this luperfli- tion were punifhed by the judiciary f, it received fo little encouragement from the eftablifhed clergy, whole proper ty was endangered by fuch feditious practices, that it fud- den!y funk and vanifhed. IT was during the crufades, that the cufiom of ufmg coats of arms was firft introduced into Europe. The knights, cafed up in armour, had no way to make them- * Hovec!cn, p. 765. Dice:o, p. 691. Neubrig. p. 492, f GeivuiV. p. i jji. RICHARD I. 377 felves be known and diftinguifhed in battle, but by the CHAP, devices on their (hields; and thefe were gradually adopted X. by their poflenty and families, who were proud of the pi- v v ous and military enterprises of their anceftors. 1I 99- KING Richard was a paffionate lover of poetry: There even remain fome poetical works of his composition : And he bears a rank among the Froven9al poets or Trobadores, who were the firft of the modern Europeans that diftin guifhed themfelves by attempts of that nature. VOL. I. ( 373 ) CHAP. XI. O H N. Acceffion of the. king His marriage War with France Murder of Arthur duke of Britanny The. king expelled the French provinces The king s quarrel with the court of Rome Cardinal Langton appointed archbijliop of Canterbury Inter diB O f the kingdom Excommunication oj the king The king s fubmijfion to the pope Difcontents of the barons Infurreclion of the barons Magna Charta Re newal of the civil wars Prince Lewis called over Death and character of the king. HE noble and free genius of the ancients, which VT JL made the government of a Tingle perion be always t , regarded as a fpecies of tyranny and ufurpation, and kept ,, 00- them from forming any conception of a legal and regular Acceflk.n monarchy, had rendered them entirely ignorant both of the rights of primogeniture and a rep iejtnlation in fucceflion; inventions ib neceflary for preserving order in the lines of princes, for obviating the evils of civil difcord and of ufurpation, and for begetting moderation in that fpecies of government, by giving fecurity to the ruling fovereign. Thefe innovations arofe from the feudal law ; which, firft introducing the light of primogeniture, made fuch a dif- tinction between the families of the elder and younger brothers, that the fon of the former was thought entitled (o fuccccd to his grandfather, preferably to his uncles, though nearer allied to the deceaied monarch. But though this progrefsof ideas was natural, it was gradual. In the J O H N. 379 age of which we treat, the practice of reprefentation was C H A P. indeed introduced, but not thoroughly efbblimed ; and XI. the minds of men fluctuated between opj^ofite principles. * / Richard, when he entered on the holy war, declared his JI 9 1)- nephew, Arthur duke of Britanny, his fucceflbr ; and by a formal deed, he fet afide, in his favour, the title of his brother John, who was younger than Geoffrey, the father of that prince*. But John lo little acquiefccd in thatdef- tination, that, when he ga : ned the afcendant in the Eng- lifli ininidry, by expelling Longcharnp, the chancellor and gre.it judiciary, he engaged all the Englilh barons to fwear, that they would maintain his right of lucceffion ; and Richard, on his return, took no fteps towards redor- ing or fee urine; the order which he had at firft eflablifhed. He was even careful, by his lad will, to declare his brother John heir to all his dominionsf ; whether, that he now thought Arthur, who was only twelve years of age, inca pable of afferting his claim againfl John s faction, or was influenced by Eleanor, the queen mother, who hated Conftantia, mother of the young duke, and who dreaded the credit which that princefs would naturally acquire if her fon Ihould mount the throne. The authority of a tedament was great in that age, even where the fucceflion of a kingdom was concerned : and John had reafon to hope that this title, joined to his plaufible right in other refpe6ts, would enfure him the fucceilion. But the idea of repre fentation feems to have made, at this time, greater progrefs in France than in England : The barons of the tranfma- rine provinces, Anjou, Maine, and Touraine, immediate ly declared in favour of Arthur s title, and applied for affidance to the French monarch as their fuperior louf. Philip, who de fired only an occafion to embarrafs John, and diimember his dominions, embraced the caufe of the young duke of Britanny, took him under his protection, and font him to Paris to be educated, along with his own fon Lewis . In this emergence, John hadencd to edab- lifri his authority in the chief members of the monarchy ; and after fending Eleanorinto Poictou and Guienne, where her right was inconteftible, and was readily acknowledg ed, he hurried to I ouen, and having fee u red the dutchy of Normandy, he pailed over, without iofs cf time, to England. Hubert archbifhop of Canterbury, William Marefchal, earl of Sui^u!. who alfo pafles by the name of earl of Pembiok-, , and Geoffrey Fit/.-Peter ihe jultici- , p in. C!u>u. f!c i: in nl. p. <,;. Rymer, vol. i. p. 66. 68. Beneil. Abb. p. (> i. -f II ; Ho edcn, i>. - i. . 1 j.r, i>. Jj/. M. . -.: p. j I.]. -Go HISTORY OF ENGLAND. II A P. ar y> tne three moft favoured minifters of ihe late king, XI. were already engaged on his ficlf *; ar:d the fubmiilion or <-____/ acquieicence of all the oilier Lv.ionsput him, without op- 9 > petition, in pofleiHon of the throne. THE king foon returned to France, in order to conduct the war againft Philip, and to recover the revolted pro vinces from his nephew Arthur. The alli.mces winch Richard had formed with the earl of Flanders f, and other potent French princes, though they had not been very effectual, fiill fubfiiled, and enabled John to defend him- felf againfi all the eifoits of his enemy. In an action be tween the French and Flemings, the elect bilhop of Cam- bray was taken priioner by the former ; and when the caidinal of Capua claimed his liberty, Philip, inftead of complying, reproached him with the weak etforts which he had employed in favour of the bilhop of Beau vats, who was in a like condition. The legate, to {hew his imparti ality, laid at tSie fame time the kingdom of France and the dutchy of Normandy under an interdicl; and the two kings found themfelves obliged to make an exchange of thele military pre! ; s. 1200. NOTHING enabled the king to bring this war to a hap py HTue io much as the feififh, intriguing character of Phi lip, - lio acted in the provinces that had declared for Ar- lh. :, without any regard to the interefls of that prince. Conftantia, leized with a violent jealouly th.it he inten- d to ui urpthe entire dominion of them."}:, found means to carry otf her ion Secretly from Paris: She put him into the h.:iic!sof her uncle ; reflorec! the provinces which had adhered to the young prince; and rr.iide him do homage for the dutchv of Britanny, wiiich v. as regarded as a rere- fief of Normandy. From this incident, Philip law that he could not hope to make auv progrefs againft John: and being tare .it: -f!.:^! with an int:rdict on account of his irregular divorce from Ingelburpa, the Danilh piiuceis whom he had eipoiiicd, he bec<mie dcfirous of concluding a peace with l-liu : ! :r.. J. After icme fruitlefs conferences, t}ie terms were at iaftadjufted ; and the two tnonarcbs ! ed in tii : s treaty to have an intention, hefidcs e;. preient quarrel, o! preventing all future caules bfdifcord, and of obviating _vjrv controveilV vvhicii could here.:;ir i ariic between them. They ndjufled the limits of all their territories ; mutually fecured the interests of their vaiTalr, ,- and, to rend.-r t nf union more durable, John gave his niece, Blanche ol v ufiiie, in marriage to prince Lewis, * Hoveileo, p. 7>j. M. Paiis, p 137. T R;iii---:, voli i. <>. [>, ii j. jriuvciit-ii, p. 794. M. Paris, p. 138. 4 HoveJcn, ! ./ . J O H N. 381 Phi!ip > e deft fn^ and uith her the baronies of KToudun CHAP., Gra9ai, and otlPP riefs in Bern. Nine barons of the king XI. of England, and as many of the king of l ; ra>.ce, were * guarantees of this treaty ; and al! of them [wore, that, if their foverei gn violated any article of it, they would de clare themiiiiver, againft him, and embrace the caui e of the injured monarch *. JOHN, now fecure, as he imagined, on the fide of ! v- ,* France, indulged his paffiori for Ifabelia, the d .lighter ma ria s c - an;! heir of Aymar Tail letter, count of Angouleme, a lady with whom he had become much enamoured. Plis queen, the heiiefs of the family of Glocefter, was fiill a- live : Ifabelia was married to the count de la Marche y and was already configned to the care of that nobleman ; though by reafon of her tender vears, the marriage had not been consummated. The paliion of John made l.im overlook all thele obftacles : He perfuaded the count of Angouleme to carry off his daughter from her hufband : and having, on fome pretence or other, procured a divorce from his own wife, he efpoufed IlUbeila ; regard Icfs both of the menaces of the pope, who exclaimed againil thefe irregular pro ceedings, and of the refentment of the injured count, who ioon found means of punilhing his powerful and iniolent rival. JOHN had not the art of attaching his barono either by 1201. afTeclion or by fear. The count de la Marche, and his brother the count d Ku, taking advantage of the general difcontent againfl: him, excited commotions in Poi&oti ap.d Normandy ; and obliged the king to have recourfe to arms, in order to fuppreis the infurrection of his vaflals. He fummoned together the barons of England, and re quired them to pafsthc fea under his ftandard, and to quell the rebels : lie found that he poilefTed as little authority in that kingdom as in his tranfimirine provinces. r [ he Engliiri barons unanimoufly replied, that ihey would not attend him on this expedition, unlefs he would promife to refiore and preferve their privileges t : The firft fympiom of a regular aflocintion and plan or liberty among thole noblemen ! But affairs were not yet fully ripe for the re volution projected. John, bv n;e!:acing the barons, broke the concert ; and both engaged many of them to follow him into Normandy, and obliged the reft, who fiaiu be hind, to pay him .1 (cufageof two marks on each knight s ice, as the pi ice of ti:cir exemption from the ferv ue, * Notraan Cuchefoii, p. 1055. KYIJUT, vol. i. p. 117, uS, it . pen, p. 14. Ch.cn. buiift. vm. i. [>. 47. f Aiicial. Barron, p. co*. 382 H I S T O R Y O F E N G L A N D. CHAP, THE force which John carried abroad with him, and XI. that which joined him in Normandy, rendered him much * v. fuperior to his malcontent barons ; and fo much (he more 1201. as Ph;j,p jjfj not p u i,ij c | -. give them any countenance, and feemed as yet determined to perfevere ffeadily in the alli ance which he had contracted with England. But the king, elated with his fuperiority, advanced claims which gave an univerfal alarm to his vaflals, arid diltufed ftill wider the general difcontent. As the jurifprudence of thofe times required, that the caufes in the lord s court fhould chiefly be decided by duel, he carried along with him certains bravos, whom he retained as champions, and whom he deftin^d to fight with his barons, in order to determine any controverfy which he might raife againft them*. The count de la Marche, and other noblemen, regarded this proceeding as an affront, as well as an inju ry ; and declared, that they would never draw their iword againft men of fuch inferior quality. The king menaced them with vengeance; but he had not vigour to employ ag?.infl them the force in his hands, or to profecute the injuftice, by crufhing entirely the nobles who oppofcd it. \varwith THIS government, equally feeble and violent, gave the France. injured barons courage as well as inclination to carry far ther their oppofition : They appealed to the king of France; complained of the denial of juftice in John s court; demanded redrefs from him as their fuperior lord ; and entreated him to employ his authority, and prevent their final ruin and oppreflion. Philip perceived his advantage, opened his mind to great projects, interpofed in behalf of the French barons, and began to Jal k in a high and me- 1202. nacing ftyle to the king of England. John, who could notdifavow Philip s authority, replied, that i; belonged to himfelf firft to grant them a trial by their peers in his own count ; itwss not till he failed in his duly, that he was anfweiabie to his peers in the fuprcme court of the French kingf; and he promifcd, by a fair and equitable judica ture, to give fatisfa6tion to his barons. When the nobles, in confequence of this engagement, demanded a fafe-con- du6l, that they might attend his court, he at firft refuled it : upon the renewal of Philip s menaces, he promifed to grant their demand ; he violated this promife; fiefh me naces extorted from him a promife to furrender to Philip the fortreffes of Tillieresand Boutavant, as a fecurity for performance ; he again violated this engagement; his ene mies, fenfible both of his weaknefs and want of faith., * Annal. Burton, p. 262. t Pl ilipp. lib. vi. J O H N. 383 combined (till clofer in the refolution of pufhing him to C H A P. extremities ; and a new and po\< err ul ally toon appeared XI. to encourage them in their invafion ot this odious and delpi- v / cable government. iaojt THE young duke of Britanny, who was now rifing to man s eitate, ienfible of the dangerous character of his un cle, determined to leek both his fecurity and elevation by an union with Philip and the malcontent barons. He joined the French army, which had heo;i.in hoftilities againft the king of England: He was received with great marks of distinction by Philip ; was knighted by him ; efpoufed his daughter Mary ; arid was inverted not only in the riut- chy of iiritanny, but in the counties of Anjou and Maine, which he had formerly refigned to his uncle*. Kvery at tempt fucceeded with the allies. Tillieres and Boutavant were taken by Philip, after making a feeble defence : Mor- timar and Lyons fell into his hands almoil without refillance. That prince next invefted Gournai ; and opening the Uni ces of a lake which lay in the neighbourhood, poured fuch a torrent of water into the place, that the garrifon defertedit,andthe French monarch, without Striking a blow, madehimtelf mailer of that important fortrefs. The pro- grefsof the French arms was rapid, and promifed more confiderable fuccefs than ufual y in thata;.-.e attended mili tary enterpriser In-anfwer to every advance which the king made towards peace, Philip (till infilled, tint he fhould refign all his tranfmarine dominions to his nephew, and relt contented with the kingdom of England ; when an event happened, which feemed to turn the Scales in favour of John, and to give him a decifive fuperiority over his enemies. YOUNG Arthur, fond of military renown, had broken into Poitou at the head of a (mall army ; and paffing Mirebeau, he heard that his grand-mother Queen Elea nor, who had always oppofed his interefts, was lodged in that place, and was protected by a weak garrifon and ruin ous fortifications f. He immediately determined to lay fiege to the fortrefs, and make himfelf mafter of her per- ion : But John, routed from his indolence by fo preffing an occafion, collecled an army of Englifh and Braban- 9ons, and advanced from. Normandy with hafty marches to the relief of the queen-mother. He fell on Arthur s camp before that prince was aware of the danger; difperf- ed his army ; took him prilbner, together with the count de la Marche, Geoffrey de Lufignan, and the moft con- iiderable of the revolted barons ; and returned in triumph * Trivet, p. 142. f Ann. YVavtil. p. 167. M. Weft. p. 264. 3 34 HISTORY OF ENGLAND. C II A P. to Normandy *. Philip, who was lying before Arques itt X.i. that dutchy, raifed the ficge and retired, upon his ap proach f. The greater part of the prifoners were fent over to England ; but Arthur was (hut up in the cattle of Fa bile. THE king had here a conference with his nephew ; re- prefented to him the folly of his pretenfions ; and required him to renounce the French alliance, which had encoura ged him to live in a ftate of enmity with all his family : But the brave, though imprudent, youth, rendered more haughty from misfortunes, maintained the juflice of his caule ; aiTerted his claim, not only to the French provin ces, but to the crown of England; and, in his (urn, re quired ithc king to reftore the fon of his elder brother to the polTeiTion of his inheritance J. John, fenfible, from thefe Symptoms of i pirit, that the young prince, though now a prilbner, might hereafter prove a dangerous enemy, determined to prevent all future peril by difpatching his nephew ; and Arthur was never more heard of. The Mmder of ciicumilances which attended this deed of darknefs were, ^ no doubt, carefully concealed by the acftors, and are vari- Bmanny. cully related by hiilorians : But the mofi probable account is as follows: The king, it is faid, fuft propofed to Wil liam de la Bray, one of his fervants, to difpatch Arthur ; but William replied, that he was a gentleman, not a hang man : and he pofitively refufed compliance. Another inflrumcntof murder was found, and was difpatched with proper orders to Falaife ; but Hubert de Bourg, chamber lain to the king, and conflable of the caftle, feigning that he himfelf would execute the king s mandate, fent back theaflaffin, fpread the report that the young prince was dead, and publicly performed all the ceremonies of his in- ierrnent : But finding, that the Bretons vowed revenge for the murder, and that all the revolted barons perfevered more obftinately in their rebellion, he thought it prudent to reveal the fecret, and to inform the world that the duke of Britanny was (till alive, and in his cuftody. This dif- covery proved fatal to the young prince : John firft re moved him to the caftle of Rouen ; and coming in a boat, during the night-time, to the place, commanded Arthur to be brought forth to him. The young prince, aware of his danger, and now more fubdued by the continuance of his misfortunes, and by the approach of death, threw him felf on his knees before his uncle, and begged for mercy : But the barbarous tyrant, making no reply, ftabbcd him * Ann. Marg. p. 213. M. Weft. p. 264. f M. Weft. p. 264. i T id. J O II N. 385 with his own hands ; and fattening a ftone to the dead CHAP. body, threw it into the Seine. XI. ALL men were ftruck with horror at this inhuman * - deed; and from that moment the king, detefled by his I2 J- fubjetfs, retained a very precarious authority over both the people and the barons in his dominions. The Bretons, en raged at this difappointment in their fond hopes, waged implacable war againft him ; and fixing the luccefiion of their government, put themfelves in a pofture to revenge the murder of their fovereign. John had got into his power his niece, Eleanor, lifter to Arthur, commonly called the Damfd of Britanny ; ajid carrying her over to Eng land, detained her ever after in captivity * But the Bre tons, in defpair of recovering this princels, chofe Alice for their fovereign ; a younger daughter of Conftantia, by her fecond man iage with Guy de Thouars; and they entruft- ed the government of the dutchy to that nobleman. The {rates of Britanny meanwhile, carried their complaints before Philip as their liege lord, and demanded jufticefor the violence committed by John on the perfon cf Arthur, fo near a relation, who, notwithftand ing the homage which he did to Normandy, was alway regarded as one of the chief vaflals of the crown. Philip received their applicati on with pleafure ; lummoned John to ftand a trial before him; and on his non-appearance pafTed fentence, with the concurrence of the peers, upon that prince; declared him guilty of felony and parricide ; and adjudged him to forfeit to his fuperior lord all his feignories and fiefs in France f. THE kingof France, whole ambitious and a6tive fpirit The king* had been hitherto confined, either by the found policy of expelled Henry, or the martial genius of Richard, feeing: now the from tha . ,1 r. | . i .- it- French opportunity favourable againlt this bale and odious prince, p rov i nce s, embraced the project, of expelling the Englifh, or rather the Englilh king) from France, and of annexing to the crovrn fo many confiderable fiefs, which, during feveral ages, had been difmembered from it. Many of the oUier great vaflals, whole jealoufy might have interpofed, and have obftrutted the execution of this project, were not at prefent in a fituation to oppofe it; and the reft either look ed on with indifference, or gave their alTiftance to this dangerous aggrandizement of their fuperior lord. The earls of Flanders and Blois were engaged in the holy war: The count of Champagne was an infant, and undr.r the guardianmip of Philip: The dutchy of Britanny, enraged VOL. 1. 3 D * Trivet, p. 145, T. Wykes, p. 36. JCeuft. p. 4^0. f \V. Hem .ng. p. 455. M, Welt. p. 264. Knyp.hion. p. 2420, 3 86 HISTORY OF ENGLAND. C H A P. a * tne niurder of their prince, vigoroufly promoted all his X], meaSures : And the general defection of John s vaflals v , J made every enterprise eaSy and SucceSsful againSt him. 1203. Philip, after taking Several cafties and fortrcfies bevond the Loire, which he either garrifoned or difmantled, re ceived the Submiffions of the count of AIen9on, who de- Serted John, and delivered up all the places under his com mand to the French : Upon which Philip broke up his camp, in order to give the troops fome repofe after the fa tigues of the campaign. John, Suddenly collecting fome forces, laid fiege to Alen9on ; and Philip, whofe difperfed army could not be brought together in time to fuccour it, faw himfelfexpofed to the difgraceof Suffering the oppref- fion of his friend and confederate. But his active and fer tile genius found an expedient againft this evil. There was held at that very time a tournament at Moret in the Gatinois : whither all the chief nobility of France and the neighbouring countries had reforted, in order to Signa lize their proweSs and addrefs. Philip prefented himfelf before them ; craved their affiftance in his diftreSs ; and pointed out the plains of Alen9on, as the moft honourable held in which they could diSplay their generofity and mar tial Spirit. ThoSe valorous knights vowed, that they would t^ke vengeance on the baSe parricide, the Slain of arms and of chivalry ; and putting themfelves, with all their retinue, under the command of Philip, inflantly marched to raiSe the Siege of Alen^on. John, hearing of their approach, fled from before the place ; and in the hurry abandoned all his tents, machines, and baggage, to the enemy. THIS feeble effort was the lafl exploit of that Slothful and cowardly prince for the defence of his dominions. He thenceforth remained in total inactivity at Rouen ; paf- fmg all his time, with his young wife, in pafh mes and amufements, as if his (late had been in the moSt profound tranquillity, or his affairs in the mod profperous condition. IS he ever mentioned war, it was only to give himSelf vaunting airs, which, in the eyes of all men, rendered him Still mere deSpicable and ridiculous. Let the French go on, Said he, I will tetakf. in a day what it has coji (hem years to acquire.* . His (tupidity and indolence appeared So extraordinary, that the people endeavoured to account for the infatuation by Sorcery, and believed that he was thrown into this lethargy by Some magic or witchcraft. The Englifh barons, finding that their time was wafted to no purpoSe, and that they muft Suffer the diSgrace of * M. Paris, p. 146. M. Weft. p. 266. JOHN. 387 feeing without refinance, the progrefs of the French arms, CHAP, withdrew from their colours, and fecretly returned to their XI. own country*. No one thought of defending a man, who v * feemed to have deferted himfelf ; and hi.s fubjedts regard- Iao * ed his fate with the fame indifference, to which, in this preifiiiL!; exigency, they law him totally abandoned. JOHN, while he neglected all domeftic refources, had the meannefs to betake himfelf to a foreign power, whofe protection he claimed : He applied to the pope, Innocent 111. and entreated him to interpofe his authority between him and the French monarch. Innocent, pleafed with any occafion of exerting his fuperiority, lent Philip orders to (top the progrefs of his arms, ami to make peace with the king of England. But the French barons received the meffage with indignation ; difclaimed the temporal authority afTumed by the pontiff; and vowed, that they would, to the uttermoft, alfiil their prince againft all his enemies: Philip, fecondingtheir ardour, proceeded, inftead of obeying the pope s envoys, to lay fiege to Chateau Gail- lard, the moft confiderable fortrefs which remained to guard the frontiers of Normandy. CHATEAU Gaillard was fituated partly on an ifland in I20 , the river Seine, partly on a rock oppofite to it ; and was fecured by every advantage, which either art or nature could befiow upon it. The late king, having cafi his eye on this favourable fituation had Ipared no labour or ex- pence in fortifying it ; and it was defended by Roger de Laci, conftable of Chefter, a determined officer, at the head of a numerous garri (on. Philip, who defpaired of taking the place by force, purpofed to reduce it by famine; and that he might cut off itscommunication with the neigh bouring country, he threw a bridge acrofs the Seine, while he himfelf with his army blockaded it by land. The earl cf Pembroke, a man of the greateft vigour and capacity in the Englilh court, formed a plan for breaking through the French entrenchments, and throwing relief into the place. He carried with him an army of 4000 infantry and -C<co cavalry, and fuddenly atiacked, with grvat fuccefs, Phi lip s camp in the night-time; having ieft orders, that a fleet of feventy fbt bottomed veflcls mould fail up the Seine, and fall at the lame infiant on the bridge. But the wind and the current of the river, by retarding the veH e s, dif- concerted this plan of operations; and it was tTic.rning be fore the fleet appeared ; when Pembroke, though fuccefs- ful in the beginning of the aciion, was airead repuiied with confiderable lois, and the king of France had lei fuse M. Paris, ;>. i.jG. M. \Vcft. p. .(.j. 388 HISTORY OF ENGLAND. C f - \ P. to defend himfelf againft thefe new aflailants whoalfo met XI. with a repulfe. After this misfortune, John made no far- ^ ther efforts for the relief of Chateau Gaillard; and Philip 12C 4- had all the leilure requifite for conducing and finifhing the fiege. Roger de Laci defended himfelf for a twelve month with great obflinacy ; and having hravely repelled every attack, and patiently borne all the hardships of fa mine, he was at laft overpowered by a fudden aflault in the night-time, and made priloner of war, with his garri- fon *. Philip, who knew how to refpeft valour even in an enemy, treated him with civility, and gave him the whole city of Paris for the place of his confinement. WHEN this bulwark of Normandy was once fubdued, all the province lay open to the inroads of Philip ; and the king of England defpaired of being any longerable to de fend it. He iecrctiy prepared veflcls for a fcatidalous" flight ; and that the Normans might no longer doubt of his resolution to abandon them, he ordered the fortificati- onsof Poritde PArche, Moulineaux, and Moritfort 1 Amau- ri to be demoliflied. Not daring to repofe confidence in any of his barons, whom he believed to be univerfaily en gaged in a confpiracy againlt him, he entiufted the go<vern- ment of the province to Arenas Martin and Lupicaire, two mercenary Bruban9ons, whom he had retained in his iervice. Philip, now fecure of his prey, puihed his con- quefls with vigour and fucceis againft the difmayed Nor mans. Falaife was firft befieged ; and Lupicaire, who comanded in this impregnable fortrefs, after lurrendering the place, inlifted himfelf with his troops in the fervice of Philip, and carried on hoflilities againil his ancient mafier. Caen, Coutance, Seez, Evreux, Baieux loon fell into the hands of the French monarch, and all the lower Norman dy was reduced under his dominion. To forward his en- terpriies on the other divifion of the province, Gui de Thouars, at the head of the Bretons, broke into the terri tory, and took Mount St. Michael, Avranches, and all (he other fortrefles in that neighbourhood. The Normans, who abhorred the French yoke, and who would Lave de fended themfelves to the laft extremity if their prince had appeared to conduct them, lound no relbuice but in fub- miffion ; and every city opened its gates as fopn as Philip appeared bcfure it. Rouen alone, Arques, and Verneuil" determined to maintain their liberties; and formed a con federacy for mutual defence. Philip began with the liege of Rouen : The inhabitants were fo inflatried with hatred to France, that, on the appearance of his army, they fell * Trivet, p. 144. Gul, Biitto, lib. 7. Ann, \Vaveil. p. 168. J O H N. 389 on all the natives of that country, whom they found within CHAP. their wails, and put them to death. But after the French XI. king had begun his operations with fuccefs, and had taken v * fome of their outworks, the citizens, feeing no refource, 12 5< offered to capitulate; and demanded only thirty days to advertife their prince of their danger, and to require fuccours againft the enemy. Upon the expiration of the term, as no iupply had arrived, they opened their gates to Philip*; and the whole province foon after imita ted the example, and fubmitted to the victor. Thus was this important territory re-united to the crown of France, about three centuries after the ceffion of it by Charles the Simple toRollo, the rlrft duke : And the Normans, fenfi- ble that this conqueft was probably final, demanded the privilege of being governed by French laws; which Phi lip, making a few alterations on the ancient \ T ormari cuf- toms, readily granted them. But the French monarch had too much ambition and genius toftop in his prefent career of fuccefs. Fie carried his victorious army into the wef- tern provinces ; foon reduced Anjou, Maine, Touraine, and part of Poiciou t ; and in this manner, the French crown, during the reign of one able and aclive prince, received fuch an acceffion of power and grandeur, as, in the ordinary courfe of things, it would have required feveral ages to attain. JOHN, on his arrival in England, that he might cover the difgrace of his own conduct, exclaimed loudly againft: his barons, who, he pretended, had deferted his flandard in Normandy ; and he arbitrarily extorted from them ;i feventh of all their moveables, as a punilhment for the of- fence J. Soon after he forced them to grant him a fcutage of two marks and a half on each knight s fee for an expe dition into Normandy; but he did not attempt to execute the fervice for which he pretended to exact it. Next year, he fummoned all the barons of his realm to attend him on this foreign expedition, and collected fhips from all the fea-p >rts; but meeting with oppofltion from ibme of his minifters, and abandoning his defign, he difmifled both fleet and army, and then renewed his exclamations againft the barons for deferring him. fie next put to fea with a fmall army, and his fubje&s believed, that he was refolved to expofe himfclf to the utmort hazard for the de fence and recovery of his dominions: But they were fur- prifed, alter a few days, to fee him return again into har bour, without attempting atiy thing. In the fubfequent feafon, he had the courage to carry his hofHle meafures a fiep farther. Gui de Thouars, who governed Britanny, Trivet, p. 147. Ypod. Neufi. p. 459. f Trivet, p. 149. t M. I aris.p. 146. M. \Vcft. p. 265. 390 HISTORY OF ENGLAND. C H A P. jealous of the rapid progrefs made by his ally, the French XI. king, promifed to join the king of England with all his N / forces ; and John ventured abroad with a confiderable ar- 1206. m y f anc | landed at Rochelle. He marched to Angers ; which he took and reduced to alhes. But the approach of Philip with an army threw him into a panic; and he immediately made propofais for peace, and fixed a place of interview with his enemy : But inftead of keeping this engagement, he ftole off with his army, embarked at Ro- chelie, and returned, loaded with new fhame anddifgrace, into England. The mediation of the pope procured him at laft a truce for two years with the French monarch*; almoft all the tranfmarine provinces were ravifhed from him ; and his Englilh barons, though haiatled with ar bitrary taxes and fruitlefs expeditions, faw themfelves and their country baffled and affronted in every enter- prife. IN an age when perfonal fa lour was regarded as the chief accomplishment, fuch conduct as that of John, al ways difgraceful, muft be expofed to peculiar contempt; and he muft thenceforth have expected to rule his turbu lent vaffalsuitha very doubtful authority. But the go vernment exercifed by the Norman princes had wound up the royal power to fo high a pitch, and fo much beyond the ufual tenourof the feudal conftitutions, that it ftill be hoved him to be debafed by new affronts and dilgraces, ere his barons conld entertain the view of confpiring a- gainft him, in order to retrench his prerogatives. The church, which, at that time, declined not a conteft with the moll powerful and moft vigorous monarchs, took firft advantage of John s imbecility ; and, with the mofi ag gravating circumftances of infolence and fcorn, fixed her yoke upon him. 1207 THE papal chair was then filled by Innocent III. who, having attained that dignify at the age of thirty-feven years, and being endowed with a lofty and enterprifing The king s genius, gave full fcopc to his ambition, and attempted, ttowurTof P erha ps more openly than any of his predcceffors, to con- Funce. vert that fuperiority, which was yielded him by all the European princes, into a real dominion over them. 1 he hierarchy, protected by the Koman pontiff, had already carried loan enormous height its ufurpations upon the ci vil power ; but in order to extend them farther, and ren der them ufeful to the court of Rome, it was neceflary to reduce the ecclefiafiics themfelves under an abfolute mo narchy, and to make them entirely dependent on their * Rymcr, vol. i. p. 141. JOHN. 391 fpiritual leader. For this purpofe, Innocent firft attempted CHAP, to impofe taxes at pleafure upon the clergy ; and in the firft XI. year of this century, taking advantage of the popular^ frenzy for crufades, he fent collectors over all Europe, 120 7- who levied, by his authority, the fortieth of all ecclefiafti- cal revenues for the relief of the Holy Land, and received the voluntary contributions of the laity to a like amount*. The fame year Hubert, archbifhop of Canterbury, at tempted another innovation, favourable to ecclefiaftical and papal power: In the king s abfencc, he fummoncd, by his legantine authority, a fynod of all the F.nglifh clergy, contrary to the inhibition of Geoffrey Fitz-Peter, the chief jufticiary ; and no proper cenfure was ever pafled on this encroachment, the firft of the kind, upon the royal power. But a favourable incident foon after happened, which en abled fo afpiring a pontiff as Innocent to extend ftiil farther his ufurpations on fo contemptible a prince as John. HUBERT, the primate, died in 1205 ; and as the monks or canons of Chrift -church, Canterbury, pofierTed a right of voting in the election of their archbifhop, fome of the juniors of the order, who lay in wait for that event, met clandestinely the very night of Hubert s death ; and, with out any conge d elire from the king, chofe Reginald, their fub- prior, for the fuccefTor ; inftailed him in the archi- epil copal throne before midnight; and having enjoined him the ftridlefl iecrecy, fent him immediately to Rome, in order to folicit the confirmation of his election f. The vanity of Reginald prevailed over his prudence ; arid lie no fooner arrived in Flandeis, than he revealed to every one the purpofe of his journey, which was immediately known in England f. The king was enraged at the novel ty and temerity of the attempt, in filling fo important an office without his knowledge or confent : The fuffragan. bilhopsof Canterbury, who were accufiomed to concur in the choice of their primate, were no lefs difpleafed at the exclufion given them in this election : The fenior monks of Chrift church were injured by the irregular proceedings of their juniors: The juniors themfelves, afhamed of their conduct, and difgufted with the levity of Reginald, who had broken his engagements with them, were willing to fet afide his election || : And all men concurred in the de- (ign of remedying the falfe meafures which had been ta ken. But as John knew that this alfair would becanvafled before a fuperior tribunal, where the interpofition of royal Rymcr, vol. i. p. 119. f M. Paris, p. 148. M, \Veft. p. 266. Ibid. || M. Weft. p. 266. 392 HISTORY OF ENGLAND. CHAP- authority in beftowingecclefiafiical benefices was very in- XI. vidious; where even the caufe of fuftragan bifhops was -* not fo favourable as that of monks; he determined to make 7- the new election entirely unexceptionable : He fubmitted the affair wholly to the canons of Chrift-church ; and de parting from the right claimed by his predecetfors, ventu red no farther than to inform them privately, that they would do him an acceptable fervice if they chore John de Gray, bifhop of Norwich, for their primate *. The elec tion of that prelate was accordingly made without a con tradictory vote ; and the king, to obviate all contefts, en deavoured to perfuade the fulfragan bifhops not to infift on their claim of concurring in the election : But thofe pre lates, perfevering in their pretenfions, fent an agent to maintain their caufe before Innocent ; while the" king, and the convent of Chrift-church, dilpatched twelve monks of that order to fupport, before the fame tribunal, the elec tion of the bifhop of Norwich. THUS there lay three different claims before the pope, whom all parties allowed to be the fupreme arbiter in the conqueft. The claim of the fuffragans, being fo oppofite to the ufual maxims of the papal court, was foon let afide: The election of Reginald was fo obvioufly fraudulent and irregular, that there was no poffibility of defending it ; But Innocent maintained, that though this election was null and invalid, it ought previoully to have been declared Inch by the fovereign pontiff, before the monks could pro ceed to a new election ; and that the choice of the bifhop of Norwich was of courfe as uncanonical as that of his com petitor f. Advantage was therefore taken of this fubtlety tor introducing a precedent, by which the fee of Canter bury, the moft important dignity in the church after the papal throne, fhould ever after be at the difpofal of the court of Rome. WHILE the pope maintained fo many fierce contefts, in order to wreft from princes the right of granting invefti- tures, and to exclude laymen from all authority in confer ring ecclefiaftical benefices, he wasfupported by the united influence of the clergy, who, afpiring to independence, fought, with all the ardour of ambition, and all the zeal of fuperftition, under his facred banners. But no fooner was this point, after a great effufion of blood and the con- vulfionsof many ftates, eftablifhed in forne tolerable de gree, than the victorious leader, as is ufual, turned his arms againft his own community, and afpired to centre all * M. Paris,p. 149. M. Weft.p. 266. f M. Paris, p. 155. Chron. de Mailr. p. 182. J O II N. power in his perfon. By the invention of referves, pro- CHAP, vifions, commendarns, and other devices, the pope gradu- XL ally aflumed the right of filling vacant benefices ; and the * plenitude of his apoftolic power, which was not fubjecl to any limitations, (Applied all defects of title in the perfon on whom he beftowed preferment. The canons which regulated elections were purpofely rendered intricate and involved : Frequent difputesarofe among candidates : Ap peals were every day carried to Rome: The apoilolic fee, befides reaping pecuniary advantages from thele contefts, often exercifed the power of letting a fide both the litigants, and, on pretence of appeafing faction, nominated a third perfon, who might be more acceptable to the contending parties. THE prefent controverfy about the election to the fee of Canterbury afforded Innocent an opportunity of claiming this right : and he fulled not to perceive and avail him- felf of the advantage. He fent for the twelve monks de puted by the convent to maintain the caufe of the biihop of Norwich ; and commanded them, under the penalty of excommunication, to chufe for their primate cardinal Langtonr, an Englifhman by birth, but educated in France and connected, by his intereft and attachments, with the fee of Rome *. In vain did the monks reprefent, that Cardinal they had received from their convent, no authority for H" 5 1 ap " i r i i c\- -i pointed this purpole ; that an election, without a previous writ archbiihop trom the king, would be deemed highly irregular; and ofcanter- that they were merely agents for another perfon, whole burr * right they had no power or pretence to abandon. None of them had the courage to perfevere in this oppofition, except one, Elias de Brantefield : All the reft, overcome by the menaces and authority of the pope, complied with his orders, and made the election required of them. INNOCENT, fenfible that this flagrant usurpation would be highly relented by the court of England, wrote John a mollifying letter; fent him four golden rings fet with pre cious ftones ; and endeavoured to enhance the value of the prelent, by informing him of the many myfteries implied in it.; He begged hijn to confider ferioutly the form of the rings, their number, their matter, and their colour. 1 heir form, he faid,oeing round, ihadowed out Eternity, which had neither beginning nor end ; and he ought thence to learn his duty of afpiring from earthly objects to hea venly, from things temporal to things eternal. The num- VOL. I. 3 E * M. I aris, p. 155. Ann. \Vavcil. p. 169. VV.^ Hemiii;. p. ,353, 394 HISTORY OF ENGLAND. CHAP, her four, being a fquare, denoted fteadinefs of mind, not XL to be fubverted either by adverfity or profperity, fixed for ^ -^ - > ever on the firm bafis of the four cardinal virtues. Gold, 1207. which is the matter, being the moft precious of rnetals^ fignified Wifdom, which is the mod valuable of all ac- coniplifhments, and juftly preferred by Solomon to riches, power, and all exterior attainments. The blue colour of the faphire reprefentcd Faith ; the verdure of the emerald, Hope ; the rednefs of the ruby, Chanty ; and the fplen- dour of the topaz, Good Works*. By thefe conceits, Inno cent endeavoured to repay John for one of the moft impor tant prerogatives of hiscrown, which he had raviihed from him; conceits probably admired by Innocent himfelf : For it is eatily poflible for a man, efpecially in a barbarous age, to unite llrong talents for bufmefs with an ablurd taflc for literature and the arts. JOHN was inflamed with the utmoft rage when he heard of tiiis attempt of the court of Komef > and he immediate ly vented his patlion.on the monks of Chrift-church, whom he found inclined to fupport the election made by their fellows at Rome. He lent Fulk deCantelupe, and Hen ry de Cornhulle, two knights of his retinue, men of vio lent tempers and rude manners, to expel them the convent, and take pofleffion of their revenues. Thefe knights en tered themonafteiy with drawn fwords, commanded the nri- orand the monksto depart the kingdom, and menaced them, that, in cale of dilobedience, they would inftantly burn them with the convent J. Innocent prognosticating, from the violence and imprudence of thefe meafures, that John would finally fink in the conteft, perfevered the more vi- goroufly in his pretenfions, and exhorted the king not to oppofe God and the church any longer, nor to profecute that caufe for which the holy martyr St. Thomas had facri- ficed his life, and which had exalted him equal to the higheil faints in heaven]!: A clear hint to John to profit by the example of his father, and to remember the preju dices and efiablifhed principles of his fubjefts, who bore a profound veneration to that martyr, and regarded his merits as the fubjecl of their chief glory and exultation. INNOCENT, finding that John was not fufh ciently tarned *q fubmiffion, fent three prelates, the bifhops of London, Lly, and WorceHer, to intimate, that if he perfevered in his difobedience, the fovereign pontiff would be obliged * Rytncr, vol. i. p. 130. M. Paris, p. 155.. f Rynier, vol. i. p.i 43. . ^ M. Paris, p. 156. Trivet, p. 151. Ann. \Va\erl. }> J( 9 I; M. Paris, p. 157. J O II N. 395 to lay the kingdom under an interdict*. All the other CHAP. prelates threw themfelves on their knees before him, and XI. entreated him, with tears in their eyes, to prevent the * v - fcandal of this fentence, by making a fpeedy fubmiffion I3 7- to his fpiritual father, by receiving from his hands the new-? elected primate, and by reftoring the monks of Chrift church to all their rights and poffeffions. He burft cut into the moft indecent inveclives againft the prelates ; fwore by God s teeth, his ufual oath, that if the pope pre- fumed to lay his kingdom under an interdict, he would fend to him all the bifhops and clergy in England, and would confifcate all their eftates ; and threatened, that if thenceforth he caught any Romans in his dominions, he would put out their eyes, and cut off their nofes, in order to let a mark upon them which might diltinguifh them from all other nations^. Amidft all this idle violence, John flood on fuch bad terms with his nobility, that he never dared toaffemble the ftatesof the kingdom, who, in fojufta caufe, would probably have adhered to any olher monarch, and have defended with vigour the liberties of the nation againft thefe palpable ufurpations of- the court Interdict of Rome. Innocent, therefore, perceiving the king s weak- l ^ nefs, fulminated at laft the lenience of interdict, which lie had for fome time held fufpended over him if. THE fentence of interdict was at that time the great inftrument of vengeance and policy employed by thecouit of Rome ; was denounced againft fovefeigns for the lighteft offences ; and made the guilt of one perfon involve the ruin of millions, even in their fpiritual and eternal welfare. The execution of it was calculated to ftrike the fenfes in the Ingheft degree, and to operate with irrefifiible force on the fuperftitious minds of the people. The nation was of a fudden deprived of all exterior exercife of its religion : The altars were defpoiled of their ornaments : The croi- fcs, the reliques, the images, thefbtues of the faints, were laid on the ground ; and, as if the air itfelf were profan ed, and might pollute them by its contact, the pricfts aire- fiilly covered them up, even from their own approach and veneration. The ufe of bells entirely ceafed in all the churches: The bells themfelves were removed from the fteeples, and laid on (he ground with tir. other f.ioced uten- fiis. Mafs was celebrated wiih (hut doors, and none Init the priefls were admitted to that holy intiitution. 1 !v I.iity partook of no religious ii <c, except baptilm to new born infants, and the communion to the dywig: Thj :i ; , ;-. ;. f |. . ri ". .i. \Weil. p. i-j-i. M. V. ti.i i. a S. 396 ET- HISTORY OF E N G L A N D. CHAP, were not interred in confecrateJ ground : They were JX. thrown into ditches, or buried in common fields; and their v w obfequies were not attended with prayers, or any hallowed 120 7- ceremony. Marriage was celebrated in the church-yards*; and that every action in life might bear the marks of this dreadful iituation, the people were prohibited the ufe of meat, as in Lent, or times of the higheft penance; were debarred from ail pleafures and entertainments ; and were forbidden even to falute each other, or To much as to (have their beards, and give any decent attention to their perfon and apparel. Every circumftance carried iymptoms of the deepeft diftrefs, and of the moft immediate apprehenfion of divine vengeance and indignation. THE king, that he might pppofe his temporal to their, fpiritual terrors, immediately, from his own authority, confiscated the eftates of all the clergy who obeyed the in- terdicl f ; banilhed the prelates, confined the monks in their convent, and gave them only fuch a fmall allowance from their own eftates as would fuffice to provide them with food and raiment. He treated with the utmoft rigour all Langton sadherents. and every one that (howedany difpofi- tion to obey the commands of Rome : And in order to diftrels the clergy in the tendered point, and at the fame time ex- pofethem to reproach ;ind ridicule, he threw into priion all their concubines, and required high fines as the price of their liberty J. AFTER the canons which eftablifhed the celibacy of the clergy were, by the zealous endeavours of archbifhop An- lelm, more rigoroufly executed in England, the ecclefiaf- tics gave, a I moft univerfally and avowedly, into the ufe of concubinage ; and the court of Rome, which had no in- tereft in prohibiting this practice, made very flight oppofiti- / on to it. Thecuftomwas become fo prevalent, that, in fome cantons of Switzerland, before the reformation, the laws not only permitted, but, to avoid fcandal, enjoined jtheufeof concubines to the younger clergy || ; and it was ufual everywhere for prrefts to apply to the ordinary, and obtain from him afi rrnal liberty for this indulgence. The bilhop commonly took care to prevent the practice from degenerating into Kcentioulncfs : Tie confined the prieft to the ufe of one woman, required him to be conftant to her bed, obliged him to provide for Jier lubfiltence and that of her children ; and though the offspring was, in the eye of the law, deemed illegitimate, this commerce was really a kind of inferior marriage, fuch as is ftill praftifed in i * Cliton. Dr.nft. vol. i. p. 51. f Ann. Wavcrl. p. 171. t M Paris, p. isS- Ann. Waved, p. 170. ]\ Faure Faolo, Kift. Cone. Tricf. lib. i. J O II X. 397 Germany among the nobles ; and may be regarded by the C H A P. candid as an appeal from the tyranny of civil and eccie- fiaiiica! iuftitutions, to the more virtuous and more uner- v ring laws of nature. THE quarrel between the king and the lee of Rome continued for fome years ; and though many of the clergy, from the fear of punifhmerit, obeyed the orders of John, and celebrated divine fervice, they complied with the ut- moft reluctance, and were regarded, both by themfelves and the people, as men who betrayed their principles, and facrificed their confcience to temporal regards and interefts. During this violent fituation the king, in order to give a luflre to his government, attempted military ex peditions againfi Scotland, againli Ireland, againft the Wellh*; and he commonly prevailed, more from the weaknefs of his enemies, than from his own vigour or abi lities. Meanwhile, the danger to which his government flood continually expoled from the difcontents of the ec- elefiaitics, increafed his natural propenfion to tyranny ; and he feems to have even wantonly uifgufted all orders of men, efpecially his nobles, from whom alone he could reafonably expect fupport and affiftance. He difhonoured their families by his licentious amours ; he publimed edicts, prohibiting them from hunting feathered game, and there by retrained them from their favourite occupation and a mufe- mentf; heordered all the hedges and fences near his forefls to be levelled, that his deer might have more ready accefsifl- tothe fields for pafture; and he continually loaded the nati on with arbitrary impofitions. Confcious of the general hatred which he had incurred, he required his nobility to "nS. give him hoftages for fecurity of their allegiance ; and they were obliged to put into his hands their fons, ne phews, or near relations. When his medengers came with like orders to- the caflie of William de Braouie, a baron of great note, the lady of that nobleman replied, That (he never would entruft her fon into the hands of one who had murdered his own nephew while in his cul- tody. Her hufband reproved her for the Severity of this fpeech ; but, fenfible of his danger, he immediately fled with his wife and (on into Ireland, where he endeavoured to conceal himlelf. The king discovered the unhappy family in their retreat , fcixed the wife and Ion, whom he ftarved to death in prilon ; -ind tiie baron himfelf narrowly efcaped, by flying into Fiance. * V. Hcmin.;. p. -,56. Vj-w !. Neufl. n. 46^. fj -.1 f M. Weft. p. 268. 398 HISTORY OF E N G L A N D. CHAP. THE court of Rome had artfully contrived a gradation XI. of fentcnces ; by which fhe kept offenders in awe; flill > afforded them an opportunity of preventing the next ana- uoo. thema by fubmiflion ; and, in cafe of their obftinacy, was able to rcfrefh the horror of the people againfl them, by new denunciations of the wrath and vengeance of heaven. -As the fentence of interdict had not produced the defired effect on John, and as his people, though extremely dil- contented, had hitherto been reOrained from rifing in open rebeliion againft him, be was foon to look for the fentence of excommunication : And he had reafon to apprehend, that notwiihfianding all his precautions, the mbft dange rous coniequcnces might enjue from it. He was wilnels of the other fcenes which at that very time were acting in Europe, and which difplayed the unbounded and uncon trolled power of the papacy. Innocent, far from being difmayed at his contefts with the king of England, had excommunicated the emperor Otho, John s ncphexv * ; and loon brought that powerful and haughty prince to fubmit to his authority, fie published a crufade againft the Aibi- gcnles, a ipccies of enthufiafis in the fouth of France, whom he denominated heretics ; becaufe, like other en- thufiafts, they neglected the rites of the church, and op- poied the power arid influence of the clergy : The people rrom ail parts of Europe, moved by their fuperflition and their pifiion for wars and ad.entures, flocked to his ftan- dard ; Simon de Montfort, the general of the crufade, ac quired to hfmfelf a fovereignty in thefe provinces : 1 he count of Touloufe, who protected, or perhaps only tole- raii|jhe Albigenfes, was dripped of his dominrcns : And theieie claries themlelves, though the molt innocent and inorfenfr/e of mankind, were exterminated with all the circumftanccs of extreme violence and barbarity. Here were therefore both an army and a general, dangerous from . their zeal and valour, who might be directed to ait againft John ; and Innocent, after keeping the thunder long fuf- pendcd, gave at bfi authority tq the bilhops of London, Excommu- Ely, and Worcefter, to fulminate the fentcnce of excom- r.-cationof rnunication againrt himf. Thele prelates obeyed ; though their brethren were deterred from publiming, as the pope required of them, the fentence in the leveral churches of their diocefes. No fooner was the excommunication known, than the effects of it appeared. Geoffrey, archdeacon of Norwich, who was entruilcd with a confiderable office in the court * M. Par!";, p- 6o. Trivp;, 154. M. \V*cft. p. 269. j M. Paris, p. 159. M. \Veft.p. a;"". J O H N. 399 cf exchequer, being informed of it while fitting on the CHAP, bench, observed to his colleagues the danger of ferving XI. under an excommunicated king; and he immediately left v v his chair, and departed the court. John cave orders to - > feize him, to throw him into prifon, to cover his head with a great leaden cope} and by this and other fevere r.iage he foonput an end to his life*: Nor was there any thing want ing to Geoffrey, except the dignity and rank of Becket, to exalt him to an equal ftatiun in heaven with that great and celebrated martyr. Hugh de Wells, the chancellor, being elected, by the king % appointment, bifliop of Lin coln, upon a vacancy in that ice, defired leave to go a - broad, in order to receive confecration from the aichbiPnop^ of Rouen ; but he no fooner reached France than he hafte- ned to Pontigny, were Langton then refided, and paid iub~ millions to him as his primate. The bihVps, finding them- felves expofed either to the jealouiy of the king 01 hatred of the people, gradually Oole out of the kingdom ; and at lafl there remained only three prelates to perform the func tions of the epifcopal oftice f. Many of the nobility, ter rified by John s tyranny, and obnoxious to him on diffe rent accounts, imitated the example of the bifhops ; and mcft of the others who remained were, with reafon, fui- petted of having lecretly entered into a confederacy a- gainll him$. John was alarmed at his dangerous fituation; a fituation which prudence, vigour, arid popularity might formerly have presented, but which no virtues or abilities were now fdficient to retrieve. He defired a conference with Langton at Dover ; ottered to acknowledge him as primate, to fubrnit to the pope, to reftore the exiled clergy, even to pay them a limited fum as a compenfation for tine rents of their cpnfifcatcd eftates. But Langton, perceiving his ad vantage, was not fatisfied with thele concefnons: He demanded that full reftitution and reparation fhould be made to all the clergy ; a condition fo exorbitant that the king who probably had not the power of fulfilling it, and who forefaw that thiseftimation of damages might amount to an immenfe fum, finally broke off the conference !!. THE next gradation of papal leniences was to abfolve John s fubje&s from their oaths of fidelity and allegiance, I2IJ - and to declare every one excommunicated who had any commerce with him in public or in private; at his table, in his council, or even in private converfation* * : And this fentence was accordingly, with all imaginable folem- nity, pronounced agaiuil him. But as John itill perfevc- * M. Paris, p. 159. f Ann. \Vav._-rl. p. 170. Ann. Marg. p. 14. J M. Paris, p. 162. M. Weft. p. 270, 271. ;, Ann. \Vavcrl." p. 171 . * M. Paris, p. 161. M. Weft. p. 270. 400 HISTORY OF ENGLAND. CHAP. rcc l i ms contumacy, there remained nothing but the ferr- XI. fence of depofition ; which, though intimately connected > <, 1 with the former, had been diftinguifhed from it by the " a- artifice of the court of Rome; and Innocent determined to dart this lad thunvlerbolt againft the refractory monarch. But as a fentence of this kind required an armed force to execute it, the pontiff, carting his eyes around, fixed at lalt on hilip king of France, as the peribn into \vhofe powerful hand he could moll properly entruft that weapon, the ultimate refource of his ghoftly authority. And he Coffered the monarch, befides the remiflion of all his fins and endlefs ipiritual benefits, the property and pofTeffion of the kingdom of England, as the reward of his la bour *. 1213. J T vvas tne common concern of all princes to oppofe thei e exorbitant prctcnfions of the Roman pontiff, by which they themfelves were rendered vaffals, and vaflals totally dependent, of the papal crown: \eteven Philip, the moil able monarch of the age, was feduced by prefent intereft, and by the proipect of lo tempting a prize, to accept this liberal offer of the pontiff , and thereby to ratify that au thority which, if he ever oppoled its bound leis ufurpations, might next day tumble him from the throne. He levied a great artiy : fummoned all the vaflfals of the crown to attend him at Rouen ; collected a fleet of 1700 veflels, great and final t, in the lea pDrts of Normandy and Pi- card y ; arid partly from the zealous fpirit of the age, part ly from the personal regard univerlally paid him, prepared a force, which fcemed equal to the greatnefs of his enter- prife. The king, on the other hand, iffued out writs, re quiring the attendance of all his military tenants at Dover, and even of all able-bodied men, to defend the kingdom fn this dangerous extremity. A great number appeared ; and he felected a.n army of 6o,coo men ; a power invinci ble, had they. been united in arreftion to their prince, and animated with a becoming zeal for the defence of their, native country f. But the people were fwayed by fuper- flition, and regarded their king with horror, as anathe- matifed by papal cenfures j The barons, befides lying un der the fame prejudices, were all difgufted by his tyranny, and were, many of them, fufpected of holding a fecret cor- refpondence with the enemy : And the incapacity and cowardice of the king himfelf, ill fitted to contend with thofe mighty difficulties, made men prognollicatc the moft fatal effects from the French invafion. M. Pans p. 6c. M. Weft. p. 271. f M. Pans, p. 163. M. Weil. p. 271. J O H N. 401 PANDOLF, whom the pope had chofen for his legate, and appointed to head this important expedition, had, be fore he left Rome, applied for a fecret conference with his mafler, and had afked him, whether if the king of England, in this delperate fituation, were u illing to fubmit to the apoftolic fee, the church fhould, without the content of Philip, grant him any terms of accommodation*? In nocent, expecting from his agreement with a prince fo abject both in character and fortune, more advantages than from his alliance with a great and victorious monarch, who, after fuch mighty acquifitions, might become too haughty to be bound by fpiritual chains, explained to Pan dolf the conditions on which he was willing to be recon ciled to the king of England. The legate, therefore, as loon as he arrived in the north of France, fcnt over two knights templars to defire an interview with John at Dover, which was readily granted : He there reprelented to him, in fuch ftrong, and probably in fuch true colours, his loft condition, the difarrection of his fubjects, the fecret com bination ot his valTals againft him, the mighty armament of France, that John yielded at difcretionf, and lubfcribed i^t nMay, to all the conditions which Pandolf was pleaied to impofe J . . . , , -it lubaiiflion upon him. tie promiled, among many other articles, that to ihe ^ope. he would fubmit himfelf entirely to the judgment of the pope ; that he would acknowledge Langton for primate ; that he would reftore all the exiled clergy and laity who had been banifhed on account of the conteft ; that he would make them full relVitution of their goods, and compenfation for all damages, and inftantly coufign eight thoufand pounds in part of payment ; and that every one outlawed or impriforicd for his adherence to the pope, fhould imme diately be received into grace and favour |. Four barons fwore, along with the king, to the obfervance of this ig nominious treaty ||. BUT the ignominy of the king was not yet carried to its full height. Pandolf required him, as the firft trial of obedience, to refign his kingdom to the church ; and he perfuaded him, that he could nowife fo efFedlually difap- point the French invafion, as by thus putting himfelf under the immediate protection of the apoftolic fee. John, lying under the agonies of prefent terror, made no fcruple of tubmUting to this condition. He paJted a charter, in which hefaid, that not constrained by fear, but of his own free will, and by the common advice and consent of his VOL. I. 3 F * M. Paris, p. i6c. . f M - Vv eft. p. 571. * Rymcr, vol. i. p. 166. M. Paris p. 163. Annai.Buit. p. i(8. jj Rymri, \ol. 1. p. 170. M.Paris, p, 16 j. 402 HISTORY OF ENGLAND. C H A P. barons, he had, for remifHon of his own fins, and thofe of XI. his family, refigned England and Ireland to God, to St. * >/ -^ Peter and St. Paul, and to pope Innocent and his lucceflbrs 12I 3- in the dpoilolic chair : He agreed to hold thefe dominions a<? feudatory of the church of Rome, by the annual pay ment of a thoufand marks ; feven hundred for England, three hundred for Ireland : And he ftipulated, that if he or his fucceiTors fhould ever prefume to revoke or infringe this charter, they fhould inftantly, except upon admonition they repented of their oftence, forfeit ail right to their do minions*. iyh May. I N confequence of this agreement, John did homage to Pandolf as the pope s legate, with all the fubmiffive rites which the feudal law required of vaffals before their liege- lord and fuperior. He came di farmed into the legate s prelence, who was feated on a throne ; he flung himfelf on his knees before him ; he lifted up his joined hands, and put them within thole of Pandolf; he fwore fealty to the pope ; and he paid part of his tribute which he owed for his kingdom as the patrimony of St. Peter. The le gate, elated by this fupreme triumph of facerdotal power, couid not forbear difcovering extravagant fymptoms of joy and exultation : He trampled on the money which was laid at his feet, as an earnefl of the fubjeb on of the kingdom : An infolence of which, however offenfive to all the Englifh, no one prefent, except the archhifhop of Dublin, dared to take anv notice. But though Pandolf hdd brought the king to fubmit to thefe bafe conditions, he fliil refufed to free him from (he excommunication and in terdict, till an eftimation (hould be taken of the lofies of the ecclefiaftics, and full compenfation and reftitution fhould be mad? them. JOHN, reduced to this abject fituation under a foreign power, ftill fhowcd the fame difpofition to tyrannife over his fubjects, which had been the chief caufe of all his misfortunes. One Peter of Pomfret, a hermit, had fore told that the king, this very year, fhould lofe his crown ; and for that rafh prophecy he had been thrown into prifon in Corf e Caflle. John now determined to bring him to piuiilhment as an impoftor ; and though the man pleaded, that his prophecy was fulfilled, and that the king had loft the royal and independent crown which he formerly wore, ihf defence was fuppofed to aggravate his guilt : He was dragged 6t horfes tails, to the town of Warham, and there hanged on a gibbet with his * Rymer, vol. i. p. 176. M. Paris, p. 165. f M. Paris, p. 165, Chron. Luiift. vol. i. p. JOHN. 403 WHEN Pandolf, after receiving the homage of John, C H A P. returned to France, he congratulated Philip on the fucceis XI. of his pious enterprifc; and informed him, that John, < . moved by the terror of the French arms, had now come 12Ij> to a juft fcnfe of his guilt ; had returned to obedience under the apoflolic fee; and even contented to do homage to the pope for his dominions ; and having thus made his kingdom apart of St. Peter s patrimony, had rendered it impolfible for any Chriflian prince, without the mofl ma- nifeft and moft flagrant impiety, to attack him*. Philip was enraged on receiving this intelligence : He exclaimed, that having, at the pope s irrigation, undertaken an expe dition, which had coil him above 60,000 pounds flerling, he was fruftrated of his purpole, at the time when its luc- ccls was become infallible: He complained, that all the expence had fallen upon him ; all the advantages had ac crued to Innocent : He threatened to be no longer the dupe of thefe hypocritical pretences: And aflembling his vallals, he laid before them the ill-treatment which he had received, expofed the interefted and fradulent con duct of the pope, and required their afiiflance to execute his enterprife againft England, in which he told them, that, notwithstanding the inhibitions and menaces of the legate, he was determined to perfevere. The French ba rons were, in that age, little lefs ignorant and fuperftiti- ous than the Englifh : Yet, fo much does the influence of thole religious principles depend on the prelent dilpo- fitions of men ! they all vowed to follow their prices on his intended expedition, and were refolute not to be dif- appointed of that glory and thofe riches which they had long expected from this enterprife. 1 he earl of Flanders alone, who had previoufiy formed a fecret treaty with John, declaring againft the injuftice and impiety of the undertaking, retired with his forces t; and Philip, that he might not leave (o dangerous an enemy behind him, firffc turned his arms againft the dom nions cf that prince. Meanwhile, the Englifh fleet was aflcmbled under (he carl of Saliiburv, thu king s natural brother ; and, though inferior in number, received orders to attack the French in their harbours. Salifnuiy performed this fervice with jo much fucceis. that he took, three hundred ihips ; tlcf- ttoyed a hundred more \ : And Philip, finding it impolTi- ble to prevent the rcil f orn failing into the hands of the enemy, fet fire to ihcm himfelf, arid tlicreby rendered * Trivet, p. 160. ; M. )>;, () . 166. ^ M. Paris, p. 166,. Chiou. fu^i t. vo,. i. p. 59. 1 rivet, p. 137. 404 HISTORY OF ENGLAND. C II A P. it impofTible for him to proceed any farther in his enter- XL prife. * , J JOHN, exulting in his prefent fecurity, infenfible to 13I 3- his patt difgrace, was fo elated with his fuccefs, that he thought of no lefs than invading France in his turn, and recovering all thole provinces which the profperous arms of Philip had formerly raviihed from him. He propofed this expedition to the barons, who were already affembled for the defence of the kingdom. But the Englifh nobles both hated and defpiied their prince: They prognofticated no fuccels to any enterprife conducted by fuch a leader ; And pretending that their time of fervice was elapfed, and all their provifions exhaufled, they refilled to fecond his undertaking*. The king however, refolute in his pur- pofe, embarked with a few followers, and failed to Jerley, in the fooiifh expectation that the barons would at lad be afhamed to flay behind f. But finding himfelf difappoint- ed, he returned to England; and railing fome troops, threatened to take vengeance on all his nobles for their de- iertion and difobedienco. The archbifhop of Canterbury, who was in a confederacy with the barons, here interpofed; ftriclly inhibited the king from thinking of fuch an attempt; and threatened him with a renewal of the fentence of ex communication, if he pretended to levy war upon any of his lubjecls, before the kingdom were freed from the len- tence of interdict*. THE church had recalled the feveral anathemas pro nounced agaihft John, by the fame gradual progrefs with which fhe had at firft ilfued them. By receiving his ho mage, and admitting him to the rank of a vaffaf, hisdepo- fition had been virtually annulled, and his fubjecls were again bound by their oaths of allegiance. The exiled prelates had then returned in great triumph, with Langton at their head ; and the king, hearing of their approach, went forth to meet them, and throwing himfclf on the ground before them, he entreated them, with tears, to have JM- comp.iffion on him and the kingdom of England]. 1 . The primate, feeing thefe marks of fincere penitence, led him to the chapter- houfe of Winchefier, and there adrniniftered an oath to him, by which he again 1 wore fealty and obe dience to pope Innocent and his fucceffors ; promifed to love, maintain, and defend holy church and the clergy; engaged that he would re-efiablifh the good laws of his predecefibrs, particularly thofe of St. Edward, and would abolilh the wicked ones; and expreded his refolution of * M. Paris, p. 166. f Ibid. J Ibid. p. 167. || M. Tails, p. iCG, Ann. Waverl. p. 178. JOHN. 405 maintaining juftice and right in all his dominions*. The CHAP, primate next gave him abfoHfion in the requifite forms, XI. and admitted him to dine with him, to the great joy of all * , the people. The fentcnce of interdict, however, was ftill 121 > upheld againft the kingdom. A new legate, Nicholas bi:hop of Frefcati, came into England in the room of Pan- dolf; and he declared it to be the pope s intentions never to loofen that fentence till full reinitiation were made to the clergy of every thing taken from them, and ample re paration for all damages which they had fuMained. He on ly permitted mals to be laid with a low voice in the chur ches, till thole lodes and damages could be eftimated to the fatisfaclion of the parties. Certain barons were ap pointed to take an account of the claims ; and John was aftonifhed at the greatnefs of the fums to which the clergy made their lolTes to amount. No lefs than twenty thou- land marks were demanded by the monks of Canterbury alone ; twenty-three thoufand for the fee of Lincoln; and the king, finding thefe pretenfioris to be exorbitant and endlefs, offered the clergy the fum of a hundred thoufand marks fora final acquittal. The clergy rejected the offer with dildain ; but the pope, willing to favour his new vaf- fal, whom he found zealous in his declarations of fealty, and regular in paying the ftipulated tribute to Rome, di rected his legate to accept of forty thoufand. The iflue of the whole was, that the biihops and confiderable abbots got reparation beyond what they had any title to demand : The inferior clergy were obliged to fitdown contented with their lodes : And the king, after the interdict was taken otf, renewed, in the mod folemn manner, and by a new charter, fealed with gold, his profellions of homage and obedience to the fee of Rome. WHEN this vexatious affair was at laft brought to a con- IZM- clufion, the king, as if he had nothing farther to attend to but triumphs and victories, went over lo Poiftou, which (till acknowledged his authority f ; and he carried war into Philip s dominions. He befieged a caftle near An- giers ; but the approach of prince Lewis, Philip s fon, obliged him to raife- the fiege with fuch precipitation, that he left his tents, machines, and baggage behind him ; and he returned to England with diigrace. About the lame time, he he.rd of the great and decifive victory gained by the king of France at Bovines over the emperor Otho, who had entered France at the head of I ,0,000 Germans; a victory which <ftabiifhed for ever <he glory of Philip, and gave full fecurity u> all his dominions. John could, * M. Par>, p. J66. t Queen Eleanor died in 1203 or 1203, 4o5 HISTORY OF ENGLAND. CHAP, therefore, think, henceforth of nothing farther, than of XI. ruling peaceably his own kingdom ; and his clofe connec- v v tionswith the pope, which he was determined at any price 13 M- to maintain, eniured him, as he imagined, the certain at tainment of that object. But the laft and moft grievous fcene of this prince s misfortunes ftill awaited him ; and he was deftined to pafs through a feries of more humiliat ing circumftances than had ever yet fallen to the lot of any other monarch. Difcon- THE introduction of the feudal law into England by tents of the William the Conqueror, had much infringed the liberties, baror.s. however imperpect, enjoyed by the Anglo-Saxons in their ancient government, and had reduced the whole people to a ftate of vaffalage under the king or barons, and even the greater part of them to a ftate of real flavery. The neceflity alfo of entrufHng great power in the hands of a prince, who was to maintain military dominion over a van- quimed nation, hod engaged the Norman barons to iub- mit to a more fevere and ablblute prerogative, than that to which men ot their rank, iu other feudal governments, wece commonly fubjeeled. The power of the crown, once raifed to a high pitch, was not eafily reduced ; and the nation, during the courie of a hundred and fifty years, was governed by an authority unknown, in the fame de gree to all the kingdoms founded by the northern conque rors. Henry I. that he might allure the people to give an exclufion to his elder brother Robert, had granted them a charter, favourable in many particulars to their liberties; Stephen had renewed the grant ; Henry II. had confirmed it : But the conceflions of ali thei e princes had ftill remain ed without erred ; and the fame unlimited, at leatt irre gular authority, continued to be exercifed both by them and their fucceflbrs. The only happinefs was, that arms were never yet ravifhed from the hands of the barons and people : The nation, by a great confederacy, might flill vindicate its liberties: And nothing was more likely, than the character, condvidt and fortunes of the reigning prince, to produce fuch a general combination againfl him. Equal ly odious and contemptible, both in public and private life, he artronted the barons by his infolence, dishonoured their families bv his gallantries, enraged them by his tyranny, and gavedifcontent to all ranks of men by hisendlefs ex actions and impofitions*. The effect of thefe lawlefs practices had already appeared in the general demand made by the barons of a reftoration of their privileges; and af- * Chron. Mailr. p. iSS. T. Wykes, p. 36. Ann. Waved, p. 181. \V . Heming. p. 557. JOHN. 407 ter he had reconciled himfelf to the pope, by abandoning CHAP, the independence of the kingdom, he appeared to all XI. his fubjecls in fo mean a light, that they univerfaliv thought they might with fafcty and honour infill upon their pre- I21 4 tendons. Bur nothing forwarded this confederacy fo much as the concurrence of Langton archbiihop of Canterbury ; a man whofe memory, though he was obtruded on the nation by a palpable encroachment of the fee of Rome, ought always to be reipecled by the Englilh. This prelate, whether he was moved by the generofity of his nature, , and his affection to public good ; or had entertained an animofity againft John on account of the long oppofiti- on made by that prince to his election ; or thought that an acquifition of liberty to the people would ferve to in- creafeand fecure the privileges of the church; had formed the plan of reforming the government, and had prepared the way for that great innovation, by inferting thofe fingu- lar claufes above mentioned in the oath which he adminif- tered to the king, before he would abfolve him from the fentence of excommunication. Soon after, in a private meeting of fome principal barons at London, he ihowed them a copy of Henry I. s charter, which, he faid, he had happily found in a monaftery ; and he exhorted them to infill on the renewal and obfervance of it: The barons Iwoie, that they would iboner lofe their lives than depart from Ib reafonable a demand *. The confederacy began now to fprcad wider, and to comprehend almofl ail the barons in tngland ; and a new and more numerous meet ing was fummoned by Langton at St. Edmonfbury, under colour of devotion. He again produced to the aflembly November. the old charter of Henry; renewed his exhortations of unanimity and vigour in the prolccution of their purpofe ; and reprefented in the ftrongeft colours the tyranny to which they had fo long been f ibjecled, and from which it now behoved them to free thcmfelves and their pofteri- tyt. The barons, inflamed by his eloquence, incited by the fenle of their own wrongs, and encouraged by the ap pearance of their power and numbers, folemnly took an oath, before the high altar, to adhere to each other, to in fill on their demands, and to make endlefs war on the king, till he fhould fubrnit to grant them |. They agreed, th.it, after the feftival of Chriftmas, they would prefer in a body their common petition ; and, in the mean time, they ieparated, after mutually engaging, that they would put themfelves in a pofture of defence, would iniift men * M. Paris, p. 167. f Ibid. p. 175. * Ibid. p. 176. 408 HISTORY OF ENGLAND. CHAP, and purchafe arms, and would fupply their caftles with the XI. necellary provifions. v v THE barons appeared in London on the day appointed ; 1 ""> and demanded of the king, that, in confequence of his 6th Jan. , , - , . * .. , own oath before the primate, as well as in deference to their juft rights, he fliould grant them a renewal of Hen ry s charter, and a confirmation of the laws of St. Edward. The king, alarmed with their zeal and unanimity, as well as with their power, required adulay ; promiled that, at the feftival of Eafter, he would give them a pofitive anfwer to their petition ; and offered them the archbifhop of Can terbury, the bifhop of Ely, and the earl of Pembroke, the marelchul, as fureties for his fulfilling this engagement*. The barons accepted of the terms, and peaceably returned to their cafties. ijth Jan. DURING this interval, John, in order to break or fub- due the league of his barons, endeavoured to avail him- felf of the ecclefiaftical power, of whole influence he had, from his own recent misfortunes, haa fuch fatal experi ence. He granted to the clergy a chartef^relinquirtiing for ever that important prerogative for which his father and all his anceftors had zealoully contended ; yielding to them the free election on all vacancies ; reserving only the power to ilFue a conge d elire, and to fubjoin a con firmation of the election ; and declaring that, if either of thefe were withheld, ,the choice fhould neverthelefs be deemed juft and valid^ He made a vow to lead an army into Paleftine againft the infidels, and he took on him the crofs ; in hopes that he fhould receive from the church that protection which he tendered to every one that had entered into this facred and meritorious engagement J. And he fent to Rome his agent, William de Mauclerc, in order to appeal to the pope againft the violence of his barons, and procure him a favourable fentence from that powerful tribunal)!. The barons alfo were not negligent on their part in endeavouring to engage the pope in their interefts: They difpatched Euftace de Vefcie to Rome ; laid their cafe before Innocent as their feud il lord; and petitioned him to interpofe his authority with the king, and oblige him to reftore and confirm all their juft and undoubted privileges**. INNOCENT beheld with regret the difturbances which had arifen in England, and was much inclined to favour John in his pretenfions. He had no hopes of retaining and extending his newly acquired fuperiority over that * M. Paris, p. 176. \V. Weft. p. 273. t Rymer, vol. i. p- 197* t Kyraer, vol. i. p. 200. Trivet, p. 192. T. Wykes, p. 37. M. Weft. p. 273. || Rymer, vol. i. p. 184. ** Ibid. JOHN. 49 kingdom, but by fupporting fo bale and degenerate a c H A P. prince, who was willing to facrifice every confideiation XI. to his prefent fafeiy : And he forefaw, that, it the adminit- >; tration fhould fall into the hands of thofe gallant and 12I 5- high-fpirited barons, they would vindicate the honour, li 1 ,TCV, and independence of the nation, with the fame ardour which they now exerted in defence of their own. He wrote letters therefore to the prelates, to the nobility, and to the king himfelf. He exhorted the firrt to employ their good oiHces in conciliating peace between the con tending parties, and puitingan end to civil difcord : To the Iccond, he exprelled his disapprobation of their con duct in employing force to extort concelTions from their reluctant Jovere gn : The lad, he advifed to treat his nobles with grace and indulgence, and to grant them inch of their demands as fhould appear juft and realbn- able*. THE barons eafily law, from the tenor of thefe letters, that they mud reckon on having the pope, as well as the king, for their ad verfary ; but they had already advanced too tar to recede Irom their pretentious, and their pafilons were fo deeply engaged, that it exceeded even the power of fuperftition itfelf any longer to control them. They alfo fore fa w, that the thunders of Rome, when not fecond- ed by ; he eJtbrts of the Knglifh ecclefiailics, would be of fmall avail againd them ; and they perceived, that the moft confklerable of tjie prelates, as well as all the inferior clergy, profetVed the highed approbatio -t of their caufe. Bclides that thefe men were feized with the national paffi- on for laws and liberty ; bleflings, of which they them- felves expected to partake; there concurred very powerful caules to ioofen their devoted attachment to the apoftolie fee. It appeared, from the late ulurpations of the Roman pontitf , that he pretended to reap alone all the advantages accruing from that victory, which, under his banners, though at their own peril, they had every where obtained over thecivil magificate. The pope aflumed a deipotic pow er over all the churches : Their particular cuftoms, privi leges, and immunities, were treated with difdain : Even the canons of general councils were fet afide by his dif- penfing power : The whole adminiftration of the church was centered in the court of Rome : All preferments ran of courfe in the fame channel : And the provincial clergy (aw, at lead felt, that there was a neceflity for limiting thefe pretenfions. The legate, Nicholas, in filling thole VOL. 1. 3 G * Ryraer, vol. i. p. 196, 197. 4 io HISTORY OF ENGLAND. CHAP* numerous vacancies which had fallen in England during XI. an interdict of fix years, had proceeded in the moft arbi- v > trary manner ; and had paid no regard, in conferring 12I 5- dignities, to perfonal n/erit, to rank, to the inclination of the electors, or to the cufloms of the country. The Eng- Jifli church was uriiverfally difgufted ; and Langton him- felf, thoi gh he owed his elevation to an incroachment of the Romilh lee, was no iboner eftablilhed in his high of fice, than he became jealous of the privileges annexed to it, and formed attachments with the country fubjecled to his jur/ldidion. M hefe caules, though they opened llowly the eyes of men, failed not to produce their etiedl: They fct bounds to the usurpations of the papacy: The tide fufl flopped, and then turned againfl the Sovereign pontiff: And it is otherwife inconceivable, how that age, io prone to fuperftition, and fo funk in ignorance, or rather fo devoted to a fpurious erudition, could have efcaped fal ling into an abfolute and total ilavery under the court of Rome. ABOUT the time that the pope s letters arrived in Eng- tion of the land, the malcontent barons, on the approach of the fef- barons. tivalof Flatter, when they were to expect the king s an- fwer to their petition, met by agreement at Stamford ; and they aiTe;nbled a force, confiding of above ;>.ooo knights, befides their retainers and interior perfons without num ber. Elated with their power, tr^ey advanced in a body 7 th April. to Brackley, within fifteen miles of Oxford, the place where the court then refided; and they there received a mefiage from the king, by the archbifhop of Canterbury and the earl of Pembroke, defiring to know what thofe liberties were which they fo zealoufly challenged from their ibvereign. They delivered to thefe medengers a fchedule, containing the chief articles of their demands ; which was no fooner (hown to the king, than he burft in to a furious paffion, and afked, why the barons did not alfo demand of him his kingdom? fw earing that he would never grant them fuch liberties as muft reduce himfelf to llavery *. No fooner vcre the confederated nobles informed of John s reply, than they chofe Robert Fitz- Walter their general, whom they called the marejchal of the. army of God and of holy church ; and they proceeded without farther ceremony to levy war upon the king. They be- fieged the caftle of Northampton during fifteen days, though without fuccefsf: The gates of Bedford cattle * M. Paiis, p. 176. t M. Faiis, p. 177. Chron. Dur.ft. vol. i. p. 71. J O H N. 411 were willingly opened to them by William Bcauchamp, C H A P. its owner : They advanced to VV 7 are in their way to Lon- XI. don, where they held n correfpondence with the principal v "- citizens : They were received without oppofuion into that ,\ 2l ,-j capital; and finding now the great fupcriority of their force, they ilTued proclamations, requiring the other ba ron-; to join them ; and menacing them, in cafe of refufal or diljy, with committing devaluation on their houies and edates*. In order to fhow what might be expecled from their protpero-js arms, they made incurfions from London, and laid wafle the king s parks and palaces; and all the barons, M ho had hitherto carried the femblance of fup- porting the royal party, were glad of this pretence for openly joining a caufe which they always had fecretly favoured. The king was left at Odilnm in Hampfhire, with a poor retinue of only feven knights; and after try ing ieveral expedients to elude the blow, after offering to refer all differences to the pope alone, or to eight barons, four to be chofen by himielf, and four by the confede rates f, he found himfelf at lait obliged to fubmit at dif- cretion. A CONFERENCE between the king and the barons was Majna appointed at Runnemede, between Wind for andStaines; chaita - a place which has ever fince been extremely celebrated, 5 on account of this great event. The two parties encamped apart, iike open enemies ; and after a debate of a few days, the king, with a facility ibmewhat fuipicious, figned 191)1 June. and fealed the charter which was required of him. This famous deed, commonly railed the GREAT CHARTER, either gr .anted or frcured very important liberties and pri vileges to every order of m?n in the kingdom ; to the cler gy, to the barons, and to the people. THE freedom of elections was fecured to the clergy : The former charter of the king was confirmed, by which the neceiTity of a royal conge ci elire and confirmation was iup.M-feded: All check upon appeals to Rome was removed, by the allow;inre granted even man to depart the kingdom at pleal urc : Ami the fines to be impofed on the clergy, for any oilence, were ordained to be pro portional to their lay efiates, not to their ecciehaftical be nefices. THE privileges granted to the barons were either abate ments in the rigour of in:: feudal l.i\v, or determinations in points whi<*h had been left by that law, or had become by praft ice, arbitrary and air, . Thfe reliefs of heirs J ucceiyiing to a military ice were afcertained ; an earl s * M. Paris, p. 177. f Xymcr, vol. j. p. c . 412 HISTORY OF ENGLAND. C F-T A P. and b aron sat a hundred marks, a knight s at a hundred XI. ihiilings. It was ordained by the charter, that, it the v * lieir be a minor, he fhall, immediately upon his majority, I2 5< enter upon his eftate, without paying any relief: 1 he king nail not foil his ward (hip : He mall levy only rea- ibnabie profits upon the efbre, without committing wafie, or hurting the property He fhall uphold the caftles, houfes, mills, p^rks, and ponds : And if he commit the guardianfhip of thj cflate to the fherirFor any other, he Hull pievioufly oblige them to find furcty to the fame pur- pofc. During the minority of a baron, while his lands are in wardfhip, and are not in his own pofeffion, no debt which he owes to the Jews (bail bear any intereft. Heirs fhall be married without difparagement ; arid before the marriage be contracted, the nearer! relations of the perfon iliaii be informed of it. A widow, without paying any relief, fhail enter upon her dower, the third part of her hufband s rents: She fhall not be compelled to marry, fo Jong as (he chufcs to continue fmgle ; fhe (hall only give fecurity never to marry without her lord s con fent. The king mall not claim the wardfhip of any minor who holds lands by military tenure of a baion, on pretence that he allo holds lands of tiie crown, by foccage or any other te nure. Scutages (hall be eftimatecl at the fame rate as in the time of Henry I. ," and no fcutage or aid, except in the three general fe idiil cafes, the king s captivity, the knighting of his eldeft fon, and the marrying of his eldeft daughter, (brill be impofed but by the great council of the kingdom; the pi dates, earls, and great barons, lhaii be called to this great Council, each by a particular writ ; the lerler barons by a general fummons of the fheriif. The king ;hail not fcize any baron s land for a debt to the crown, if the baron polTfffes r.s inai/y goods and chattels as are fuMicient to difcharge the debt. No man fhall be oh!i.?vd to perform more fervice for his fee tlun Iro is bound to by histcnuic. No governor or confla- bleof a caftle fhall chligc any knight to give money for caftie-guard, if the knight be willing to perform the fer vice in peribn, or by another able-bodied man S and if the knight be in the field himfelf, by tl:o king s command, he fhall be exemp .ed from all other fervicc of this nature. No va ; Ll fliall be ;iHcnv ed to fell fo niuch of his land as to incapacitate himfelf from performing his fervice to his lor<), THESE were the principal articles, calculated for the inte r eft of the barons ; and had the charter contained nothing farther, national happinefs and liberty had been very little promoted by it , as it would only have tended to increafe the power and independence of an crder of J O H N. 413 men who were already too powerful, r.nd v. hofe yoke C H A P. might have become more heavy on the people than even XI. that of an abfolute monarch. But the barons, who alone v , drew and impofcd on the prince this memorable charter, 121 5- were neceditated toinfert in it other claufes of a more ex- tenfiveand a more beneiicent nature: 1 hey could not ex pect the concurrence of the people, without comprehend ing, together with their own, the interefts of inferior ranks of men ; and all provifions which the barons, foi their own lake, were obliged to make, in order to enfure the free and equitable admtniftration of juftice, tended di redly to the bcMiefit of the whole community. The following were the princip.il claufes of this nature. IT was ordained, that all the piivilcges and immunities abo.e mentioned, granted 10 the barons againft the king, extended by the barons to their inferior vaflals. The king bound himielf not to grant any writ, empower- in ^ i b iron to levy aids from his vaflals, except in the three f.-udal cafes. Or.c weight and one meafure fhali be eila- bliihed throughout the kingdom. Merchants fhall be al lowed to tran fatt all bufmefs, without being expoied to any arbitrary tolls and impositions: 1 hey and all free men Ihall be ai owed to go out of the kingdom and return to it at pleafurc : London and all cities and burghs, fhall pre- ferve their ancient liberties, immunities, and free cuftoms : Aids fhall not be required of them but by the confent of the great council : No towns or individuals (hall be obliged to make or fupport bridges but by ancient cuftom : The goods of every freeman (hall be difpofed of according to his will : If he die inteftatc, his heirs (hall fucceed to them. No officer of the crown fhall take any horles, carts, or wood, without the confent of the owner. The king s courts of juftice fhall be ftationary, and (hall no longer follow his perfon : They fhall be open to every one ; and juftice fhall no longer be fold, refufed, or delayed by them. Circuits mall be regularly held every year: The inferior tribunals of juftice, the county court, (herifi"s turn and court-leef, fhall meet at their appointed time and place : The flieritls fhall be incapacitated to hold pleas of the crown ; and (hall not put any perfon upon his trial, from rumour or fufpicion alone, but upon the evidence of lawful witnelFes. No freeman (hall be taken or imprifoned, or difpoflelTed of his free tenement and liberties, or outlawed or baniflied, or any \vife hurt or injured, unlefs by the le gal judgment of his peers, or by the law of the land ; and all who fuffered otherwile, in this or the two former reigns, fhall be reftored to their rights and poffefllons. Eve ry freeman (hall be fined in proportion to his fault ; and 414 HISTORY OF ENGLAND. C II A P. nc > fi ne ft" 13 k c levied on him to his utter ruin : Even a XJ. villain or ruilic fhal! not, by any fine, be bereaved of his v carts, ploughs, and implements of hufbandry. This was I3 5- the only article calculated for the interefts of this body of men, probably at that time the inoft numerous in the kingdom. IT muft be confeffed, that the former articles of the Great Charter contain fuch mitig.ttions and explanations tf the feudal law as are reafonable and equitable ; and that the latter in volv-c all the chief outlines of a legal govern ment, and provide for the equal distribution of juftice and five enjoyment of property ; the gieat objects for which political fociety was at firft founded by men, which the people ha.e a perpetual and unalietuble right to recal, and which no time, nor precedent, nor ftatute, nor pofitive inftitdtion, o.i^ht to deter them from keeping ever upper- rnoU in their thoughts and attention. Though the provi- fions n;ade by this chnrter might, conformably to the ge nius o* he age, be eft earned too concile, and too bare of circumltances, to maintain the execution of its articles, in opposition to the chicanery of lawyers, fupported by the viol-nee of power ; tio-.e gradually aleerlained the fenfe of all the ambiguous exprefriouL, ; ?nd thole generous ba rons, who firfl extorted this conceliion, ftill held their fwords i:i their h.u"is, and could turn them againft thofe who dared on any pretence to depart from the original fpi- rit and meaning of fiie grant. \Ve may v.ow, from the tenor of this charter, conje6hire wnut ihofe laws were of kiog Edward which the Englifli naiion, during fo many generations, ftill defired, with fuch an obftinate perfeve- rance, to have recalled and eftablifhed. They were chief ly thefe latter articles of Magna, Charta ; and the barons who, at the beginning of theie commotions, demanded the revival of th; Saxon Jaws, undoubtedly thought that they had fufficicntly fatisfied the people, by procuring th ?in this conceflion, which comprehended the principal objects to which they ifad ib long afpired. But what we are nioft to admire is, the prudence and moderation of thole haugh ty nobles themfelves, who were enraged by injuries, in flamed by oppofition, and elated by a total victory over their fovercign. They were content, even in this pleni tude of power, to depart from feme articles of Henry l. s charter, which they made the foundation of their demands, particularly from the abolition of wardfhips, a matter of the greatcfi importance; and they feemtohave beenfurTici- cntly careful not to diminilh too far the power and revenue of the crown. If they appear, therefore, to have carried other demands to too great a height, it can be afcribed o;:- J O H N. 415 ly to the hifhlcfs and tyrannical character of the king C H A P. himfelf, of which they had long had experience, and which, they fbreiav/, would, if they provided no farther fecurity, lead him loon to infringe their --.exv liherties, and revoke liis own concelYious. This alone gave birth. Jo thole other articles, feeniingly exorbitant, which were added as a rampart for the fafe-guard of the Great Char ter. THE barons obliged the kins; to agree that London fhould remain in their hands, au i the Tower be configned to the cuflody of the primate, till the ir,th of Auguft, en- fuing, or till the execution of the feveral articles of the Great Charter*. The better to enfure the lame end, lie allowed them to chufe iive-and-twenty members from their own body, as confervators of the public liberties ; and no bounds were fet to the authority of thefe men either in extent or duration. If any complaint were made of a. violation of the charter, whether attempted by the king, jufliciaries, fheritls, or forcfters, any four of thefe barons might admoniili the king to redrefs the grievance: If ia- tisfaclion were not obtained, they could allcmbJe the whole council of twenty-five ; who, in conjunction with the great council, were empowered to compel him to obferve the charter; and, in cafe of refinance, might levy war a- gainfl him, attack his carties, and employ every kind of violence, except againft his royal peribn, and that of his queen and children. All men throughout the kingdom were bound, under the penally of confilcation, to iwear obedience to the twenty-five barons ; and the freeholders of each county were to chulc twelve knights, who were to make report of fucbevil cuflomsas required redrefs, con formably to the tenor of the Great Charter f. The names of thoie confervators were, the earls of Clare, Albemarle, Glocefter, Winchelrer, Hereford, Roger Bigod earl of Norfolk, Robert de Vere earl of Oxford, William Mare- fchal the younger, Robert Fitz-Walter, Gilbert de Clare, Euftace de Vefcey, Gilbert Delaval, William de Mou- bray, Geoffrey de Say, Roger de Mombezon, William de Huntingfield, Robert de Ros, the conOable of Chefter, William de Aubenie, Richard de Pierci, William Malet, John Fitz-Robert, William de Lanvalay, Hugh de Bi god, and Roger de Montfichet |. Thefe men were, by this convention, really inverted with the iovereignty of * Rymer, vol. i. p. 201. Chrr.n. Bunft. vol. i. p. yj. f 1 his feems a very ftroug proof that the houle of commons was not tiien in being ; othcrvvife the knights and buigelles from the feveral counties could have f iven in :o the lords a Hft of grievances, without lo urnifual an eledtion. { M. Flrii, p. 181. HISTORY OF ENGLAND. CHAP, the kingdom : They were rendered co-ordinate with th XI. king, or rather fuperior to him, in the exercife of the ex- v ecutive power : And as there was no circumftance of go- 1215. vernment which, either directly or indirectly, might not bear a relation to the fecurity or obfervance of the Great Charier, there could fcarcely occur any incident in which they might not lawfully interpofe their authority. JOHN leemed to fubmit parTively to all thefe regulati ons, however injurious to majefty : He fent writs to all the IherirFs ordering them to conftrain every one to fwear obedience to the twenty-five barons*: He difmiffed all his foreign forces : He pretended that his government was thenceforth to run in a new tencr, and be more indulgent to the liberty and independence of his people. But he only diffembiecl, till he fhould find a favourable opportunity for annulling all his conceffions. The injuries and indigni ties which he had formerly fuffered from the pope and the ]f ing of France, as they came from equals or fuperiors, feemed to make but fmall impremon on hini : But the fenle of this perpetual and total (ubjettion under his own rebellious vaflals, funk deep in his mind, and he was de termined, at all hazards, to throw oft fo ignominious a fla- veryf. He grew fullen, filent, and referved : He fbun- ned the fociety of his courtiers and nobles : He retired into the Ifle of Wight, as if defirous of hiding his fhame and confufion ; but in this retreat he meditated the moft fatal vengeance againft all his enemies |. He iecretly j ent abroad his emiflaries to inlift foreign foldiers, and to invite the rapacious Braban9ons into his fervice, by the profpecl of fharingthe fpoils of England, and reaping the forfeitures of fo many opulent barons, who had incurred the guilt of rebellion by riling in arms againft him || : And he difpatched a meflenger to Rome, in order to lay before the pope the Great Charter, which he had been compelled to fign, and tocomphin, before that tribunal, of the vio lence which had been impofcd upon him**. INNOCENT, confidering himlelf as feudal lord of the kingdom, was incenfed at the temerity of the barons, who, though they pretended to appeal to his authority, had da red, without waiting for his conient, to irr.pofe fuch terms on a prince, who, by refigning to the Roman pontiff his crown and independence, had placed himfelf immediately under the p.tpal protection. He iflued, therefore, a bull, in which, from the plenitude of his apoftolic power, and from the authority which God had committed to him, to M. Paris, p. 182. t Ibid. p. 183. J Ibid. i| M. Paris, p. 183. Chron. Dunft. vol. i. p. 72. Chron. Mailr. p. 188. * * M. Paris, p. 183. Chron. Dunft. vol. i. p. 73. JOHN. 417 build and deftroy kingdoms, to plant and overthrow, he C H A P. annulled and abrogated the whole charter, as unjuft in it- XI. felf, as obtained by compulfion, and as derogatory to the dignity of the apoftolic fee. He prohibited the barons IiJ 5- from exacting the obfervance of it : He even prohibited the king himfelf from paying any regard to it : He ab- folved him and his fubjeds from all oaths which they had been conftrained to take to that purpofe: And he pronoun ced a general fentence of excommunication againft every one who fhould perfevere in maintaining fuch treafonable and iniquitous pretenfions*. THE king, as his foreign force s arrived along with this Renewal bull, now ventured to take off the mafk ; and, under f lhe ci ~ fan&ion of the pope s decree, recalled all the liberties V1 which he had granted to his fubjecls, and which he had folemnly fworn to obferve. But the fpiritual weapon was found, upon trial, to carry Jefs force with it than he had reafon from his own experience to apprehend. The pri mate refufed to obey the pope in publishing the fentence of excommunication againll the barons ; and though he was cited to Rome, that he might attend a general coun cil there affembled, and was fufpended on account of his difobedience to the pope, and his fecret correlpondence with the king s enemies f ; though a new and particular fentence of excommunication was pronounced by name againft the principal barons if, John (till found that his no bility and people, and even his clergy, adhered to the de fence of their liberties, and to their combination againft him : The fword of his foreign mercenaries was all he had to truft to forreftoring his authority. THE barons, after obtaining the Great Charter, feem to have been lulled into a fatal fecurity, and to have taken no rational meaiures, in cafe of the introduction of a fo reign force, for re-afiembling their armies. The king was, from the firft, mafter of the field; and immediately- laid ftege to thecaftleof Rochefter, which was obftinately defended by William de Albiney, at the head of a hun dred and forty knights with thdr retainers, but was at laft reduced by famine. John, irritated with the refinance, iot intended to have hanged the governor and all the garrifon; but, on the reprefcntation of William de Mauleon, who fuggefted to him <he danger of reprisals, he was content to facrifice, in this barbarous manner, the inferior prifoners only II. The captivity of William de Albiney, the beft VOL. I. 3 H Kvmer, vol. i. p. 303, ao^ 805. 208. M. Paris, p. 184, i$$. 187. f M. Taris, p. 180. + Ryraer, vol. i. p. an. M. fans, p. 192, .i-is. j . 187. 418 HISTORY OF ENGLAND. CHAP- officer among the confederated barons, was an irreparable XI. lofs to their caufe ; and no regular oppofition was thence- * - forth made to the progrefs of the royal arms. The rave- I2l s- nous and barbarous mercenaries, incited by a cruel and enraged prince, were let loofe againft the eftates, tenants, manors, houfes, parks of the barons, and fpread devafta- tion over the face of the kingdom. Nothing was to be feen but the flames of villages and caftles reduced to allies, the confternation and mifery of the inhabitants, tortures exercifed by the foldiery to make them reveal their con cealed treafures, and reprifals no lefs barbarous committed by the barons and their partifans on the royal demefnes, and on the eftates of fuch as flill adhered to the crown. The king, marching through the whole extent of England, from Dover to Berwic, laid the provinces waile on each fide of him ; and confidered every flate, which was not his immediate property, as entirely hoftile, and the object of military execution. The nobility of the north, in par ticular, who had (hewn greateft violence in the recovery of their liberties, and who, adino in a feparate body, had exprefled their dilcontent even at the conceffions made by the Great Charter, as they could expel no mercy, fled before him with their wives and families, and purchafed the friendfhip of Alexander, the young king of Scots, by doing homage to him. Prince THE barons, reduced to this defperate extremity, an d Lewis tai- menaced with the total lofs of their liberties, their proper ties, and thsir lives, employed a remedy no lefs defperate ; and making applications to the court of France, they of fered to acknowledge Lewis, the eldeft Ion of Philip, for their fovercign, on condition that he would afford them protection from the violence of their enraged prince. Though the fenfe.of the common rights of mankind, the only rights that are entirely indefeafible, might have juf- tified them in the depofition of their king, they declined infifting before Philip on a pretenfion which is commonly fo dilagreeable to fovereigns, and which founds hardily in their royal ears. They affirmed that John was incapable of fucceeding to the crown, by reafon of the attainder paf- ied upon him during his brother s reign ; though that at tainder had been reverfed, and Richard had even, by his Jart will, declared him his fucceflor. They pretended uifi . that he was already legally depofed by lentencc of the peers of France, on account of the murder of his nephew ; though that lenience could not poffibly regard any thing but his tranfmarine dominions, which alone he held in vaflalageto that crown. On more plaufible grounds they affirmed, that lie had already depofed himfelf by doing J O H N. 419 homage to the pope, changing the nature of his fovereign- CHAP* ty, and refigningan independent crown for a fee under a XI. foreign power. And as Blanche of Caftile, the wife of * Lewis, was defcended by her mother from Henry II. I2 6 " they maintained, though many other princes flood before her in the order of fucceflion, that thev had not fhaken off the royal family, in chufing her hufband for their fovereign. PHILIP was ftrongly tempted to lay hold on the rich prize which was offered to him. The legate menaced him with interdicts and excommunications if he invaded the patrimony of St. Peter, or attacked a prince who was un der the immediate protection of the holy fee*: But as Philip was aflured of the obedience of his own vaflals, liis principles were changed with the times, and he now un dervalued as much all papal cenfures, as he formerly pre tended to pay refpecl to them. His chief fcruple was with regard to the fidelity which he might expect from the Englifti barons in their new engagements, and the danger of entrufting his fon and heir into the hands of men who might, on any caprice or neceflity, make peace with their native fovereign, by facrificinga pledge of fo much value. He therefore exacted from the barons twenty-five hoftagcs of the moft noble birth in the kingdom f ; and having obtained this fecurity, he lent over firft a fmall army to the relief of the confederates ; then more numerous forces, which arrived with Lewis himfelf at their head. THE firft effecl: of the young prince s appearance in England was the defertion of John s foreign troops, who, being moftly levied in Flanders, and other provinces of France, refufed to ferve againft the heir of their monar chy |. The Gafcons and Poiclevins alone, who were fliil John s fubjefts, adhered to his caufe ; but they weie too weak to maintain that fuperiority in the field which they had hitherto fupported againfl the confederated Larons. Many confiderable noblemen deferted John s party, the earls of Salifbury, Arundel, Warrenne, Oxford, Albe- marle, and William Marefchal t he younger: His caftles fell daily into the hands of the enemy ; Dover was the on ly place which, from the valour and fidelity of Hubert de Burgh the governor, made refinance to the progrefs of Lewis || : And the barons had the melancholy prolpecl of finally fucceeding in their purpofe, and of cfcaping the tyranny of their own king, by impofing on themfelves and the nation a foreign yoke. But this union was of fhort * M. Paris, p. 194. M. \Veft. p. 27;. t M. Paris, p. 193. Chron. Dunft. vol. 5. p. 74. {. M. Paris, p. 195. |j Ibid. p. irjS. Unon. Dunil. vol. i. p. 7;,, ;f>. 4 2o HISTORY OF ENGLAND. CHAP- duration between the French and Englifh nobles ; and the XI. imprudence of Lewis, who on every occafion Showed too vifible a preference to the former, increafed that jealouSy 1216. wh ch it was fo natural for the latter to entertain in their preient fituation*. The vifcountof Melun too, it is> Said, one of his courtiers, fell Tick at London, and finding the approaches of death, he fent for Some of his friends among the Englifh barons, and warning them of their danger, revealed Lewis s fecret intenlrons of exterminating them and their families as traitors to their prince, and beftowing their eftates and dignities on his native Subjects, in whole fidelity he could more realbnably place confidence f : This (lory, whether true or fali e, was universally reported and believed ; and concurring with other circumftances which rendered it credible, did great prejudice to the caufe of Lewis. The earl of Salisbury, and other noblemen de- ferted again to John s party $; and as men eafily chan ged fides in a civil war, efpecially where their power is founded on an hereditary and independent authority, and is not derived from the opinion and favour of the people, the French prince had reaibn to dread a Sudden reverie of fortune. The king was aflembling a considerable army, with a view of fighting one great battle for his crown ; but paffing from Lynne to Lincolnshire, his road lay along the Sea-Shore, which was overflowed at high water; and notchufmg the proper time for his journey, he loft in the inundation all his carriages, treaSure, baggage, and rega lia. The affliction for this difufter, and vexation from the diffracted State of his affairs, increaled the ficknefs un der which he then laboured ; and though he reached the caflle of Newark, he was obliged to halt there, and his ^* diStemper Soon after put an end to his life, in the forty- ninth year of his age, and eighteenth of his reign ; and freed the nation from the dangers to which it was equally expoSed by his Sucicefs or by his misfortunes. andcha- ^ HE cn araclerof this price is nothing but a complica- laderof tion of vices, equally mean and odious ; ruinous to him- thekir-s. felf, and destructive to his people. Cowardice, inactivi ty, folly, levity, jicentioulneSs, ingratitude, treachery, tyranny, and cruelty ; all theSe qualities appear too evi dently in the Several incidents of his life, to give us room to fuipect that the diSagreeable picture has been anywJSc overcharged by the prejudices of the ancient hiflorians. It is hard to Say whether his conduct to his father, his bro ther, his nephew, or his Subjects, was inoft culpable ; or * W. Heming. p. 559. f M. Paris, p. 199. M. Weft. p. 277. Chron. Dunft. vol. i. p. 78. JOHN. 4 )i whether his crimes, in thefe refpefts, were not even ex- CHAP, ceeded by the bafenefs which appeared in his tranfaiStions XI. with the king of France, the pope, and the barons. His * "" ^ European dominions, when they devolved to him by the death of his brother, were more extenfive than have ever, fince his time, been ruled by any Englith monarch : But he firft loft, by his mifconducl, the flourifhing provinces in France, the ancient patrimony of his family: Fie fub- jefted his kingdom to a fhameful vafTalage under the fee of Rome: He faw the prerogatives of his crown diminiihed by law, andftill more reduced by faction : And he died at laft, when in danger of being totally expelled by a fo reign power, and of either ending his life (inferably in prilbn, or feeking melter as a fugitive from the purfuit of his enemies. THE prejudices againfi this prince were fo violent, that he was believed to have lent an embaffy to the Miramoulin or emperor of Morocco, and to have offered to change his religion and become Mahometan, in order to purchafe the protection of that monarch. But though this flory is told us, on plaufible authority, by Matthew Paris*, it is in itfelf utterly improbable ; except that there is nothing fo incredible but may be believed to proceed from the folly and wickednefs of John. THE monks throw great reproaches on this prince for his impiety and even infidelity ; and as an inflance of it, they tell us, that having one day caught a very fat flag, he exclaimed, How plump and well fed is this animal! and yet / dare fwear he never heard mafs^. This fally of wit, upon the ufual corpulency of the priefts, more than all his enormous crimes and iniquities, made him pafs with them for an atheift. JOHN left two legitimate fons behind him, Henry, born on the firft of October 1207, and now nine years of age; and Richard, born on the fixth of January 1209; and three daughters, Jane, afterwards married to Alexander king of Scots; Eleanor, married firft to William Mare- fchal the younger, earl of Pembroke, and then Simon Mountfort, earl of Leicefter ; and Ifabella, married to the emperor Frederic II. All thefe children were born to him by Ifabella of Angoulefme his fecond wife. His ille gitimate children were numerous ; but none of them any- wife diftinguifhed. IT was this king, who, in the ninth year of his reign, firft gave by charter to the city of London, the right of * P. "69. .JM. Pans, p. 170. 422 HISTORY OF ENGLAND. CHAP, clewing annually a mayor out of its own body, an office XI. which was till now held for life. He gave the city alfo v v power to elecl: and remove its (herifFs at pleafure, and its j3i6. common-council-men annually. London bridge was finifhed in this reign : The former bridge was of wood. Maud the eraprefs was the firft that built a ftone bridge in England. ( 423 APPENDIX II. THE FEUDAL AND ANGLO-NORMAN GOVERNMENT AND MANNERS. Origin of the feudal law Its progrefs Feudal go vernment of England The feudal parliament - The commons Judicial power Revenue of the crown Commerce The church Civil laws Manners* TH E feudal law is the chief foundation, both of the Appendix. political government and of the jurifprudence efla- XII. bliihed by the Normans in England. Our fubjel there- v /"" J fore requires that we mould form a juft idea of this law, in order to explain the ftate as well of that kingdom as of all other kingdoms of Europe, which during thofe ages were governed by fimilar inftitutions. And though 1 am fenfible that 1 muft here repeat many obfervations and re flections which have been communicated by others*; yet, as every book, agreeably to the obfervation of a great hif- torian f, fhould be as complete as poffible within itfelf, and fhould never refer for any thing material to other books, it will be neceffary in this place to deliver a fhort plan of that prodigious fabric which for feveral centuries preferved fuch a mixtre of liberty and oppreffion, order and anar chy, ftability and revolution, as was never experienced in any other age, or any other part of the world. * L Efpirit de Loix. Dr. Robertfon s Hiftory of Scotland, t Fadre Paolo Hift. Core. Trid. 424 HISTORY OF ENGLAND. Appendix. AFTER the northern nations had fubdued the provinces JJ- of the Roman empire, they were obliged to eftablifh a fyftem of government which might fecure their conquefts, as well againft the revolt of their numerous fubjects who Theteudai remained in the provinces, as from the inroads of other tew. tribes, who might be tempted to ravifh from them their new acquifitions. The great change of circumftances made them here depart from thofe inftitutions which pre vailed among them while they remained in the forefts of Germany; yet was it dill natural for them to retain, in their prefent fettlement, as much of their ancient cuftonrcs as was compatible with their new fituation. THE German governments, being more a confederacy of independent warriors than a civil fubjection, derived their principal force from many inferior and voluntary aflbciations, which individuals formed under a particular head or chieftain, and which it became the higher) point of honour to maintain with inviolable fidelity. The glory of the chief confifted in the number, the bravery, and the zealous attachment of his retainers : The duty of the re tainers required that they fhould accompany their chief in all u ars and dangers, that they fhould fight and perifh by his fide, and that they fhoul^ efteem his renown or his favour a fufficient recompence for all their lervices*. The prince hirofelf was nothing but a great chieftain, who was chofen from among the reft, on account of his fupe- rior valour or nobility ; and who derived his power from the voluntary affociation or attachment of the other chief tains. WHEN a tribe, governed by thefe ideas, and actuated by thefe principles, fubdued a large territory, they found that though it was neceffary to keep themfelves in a milita ry pofture, they could neither remain united in a body, nor take up their quarters in feveral garrifons, and that their manners and inftitutions debarred them from ufmg thefe expedients ; the obvious ones, which in a like fitua tion would have been employed by a more cizilized nati on. Their ignorance in the art of finances, and perhaps the devaluations infeparable from fuch violent conquefts, rendered it impracticable for them to levy taxes fufficient for the pay of numerous armies ; and their repugnance to fubordination, with their attachment to rural pleafures, made the life of the camp or garrifon, if perpetuated during peaceful times, extremely odious and difguftful to them. They leized, therefore, fuch a portion ot the conquered lands as appeared necefiary ; they affigned a fliare for fup- * Tacit, de Mor. Germ. APPENDIX II. 425 porting the dignity of their prince and government ; they Appendix. diftributed other parts, under the title of tiefs, to the chiefs; " ^ ihele made a new partition among their retainers ; the ex- prels condition of all thefe grants was, that they might be refumed at pleafure,and that the polFclTor, fo longas he en joyed them, fhould ftill remain in readinefs to take the field for the defence of the nation. And though the con querors immediately feparated, in order to enjoy their new acquifitions, their martial difpofition made them rea dily fulfil the terms of their engagement : Thev affembled! on the firft alarm; their habitual atachment to the chieftain made them willingly fubmit to his command; and thus a regular military force, though concealed, was always rea- dy to defend, on any emergence, the intereft and honour of the community. WE are not to imagine that all the conquered lands were leized by ihe northerfTConquerors ; or that the whole of the land thus feized was fubjrfted to thofe military fer- vices. This fuppofition is confuted by the hiftory of all the nations on the continent. Even the idea given us of the German manners by the Roman hiftorian, may con vince us that that bold people would never have been con- lent with fo precarious a fubfifience, or have fought to procure eftabliihmentr, which were only to continue during the good pleafure of their fovereign. Though the northern chieftains accepted of lands which, being confidered as a kind of military pay, might be refumed at the will of the king or general j they aHb took poflcffion of eftates which; being hereditary and independent, enabled them to main tain their native liberty, and fupport, xvithout court-favour, the honour of their rank and family. BUT there is a great difference, in the confequenccs, Progrefs o, between the diftribution of a pecuniary fubfiftence, and tlie teuda ^ the alignment of lands burthened with the condition of military fervice. The delivery of the former at the week ly, monthly, or annual terms of payment, ftill recalls the idea of a voluntary gratuity from the prince, and reminds the fo .dier of the precarious tenure by which he holds his commiffion. But the attachment, naturally formed with a fixed portion of land, gradually begets the idea of fome- thing like property, and makes the poflellor forget his de pendent fituation, and the condition which was at firfi an nexed to the grant. It feemcd equitable, that one who rud cultivated and fowed a field fhould reap the harveft : Hence fiefs, which were at firft entirely precarious, were loon made annual. A man who had employed his monejT in building, planting, or other improvements, expc&ed to VOL. L 3 I 425 HISTORYOF ENGLAND. Appendix, reap the fruits of his labourer expence : Hence they were " next granted during a term of years. It would be thought v hard to expel a man from his poflemons who had always done his duty, and performed th;? conditions on which he originally received them : Hence the chieftains, in a fub- iequcnt period, thought themfelves entitled to demand the enjoyment of their feudal lands during life. It was found, that a man would more willingly expofe himfelf in battle, if allured that his family mould inherit his poflVffions, and Should not be left by his death in want and poverty : Hence fiefs were made hereditary in families, and defcended, during one age, to the fon, then to the grandfon, next to the brothers, and afterwards to more diflant relations*. The idea of property ftole in gradually upon that of military pay ; and each century made fome fenfible ad dition to the ftability of fiefs and tenures. IN all thefe fuccefiive acquifitions, the chief was Sup ported by his vaffals ; who, having originally a Strong con- neciion with him, augmented by the conftant intercourse of good offices, and by the friendship arifing from vicinity and dependance, were inclined to follow their leader againft all his enemies, and voluntarily, in his pri vate quarrels, paid him the fame obedience to which, bv their tenure, they were bound in foreign wars. While he chily advanced new pretenfions to Secure the pofl effion of his Superior fief, tl.ey expe ted to find the fame advan tage, in acquiring (lability to their Subordinate ones; and they zealoufly oppofed the intrufion of a new lord, who would be inclined, as he was fully intitled, to befiow the pofieffion of their lands on his own favourites and retain ers. Thus the authority of the Sovereign gradually de- cavecl ; and each noble, fortified in his own territory by the attachment of his vafJals, became too powerful to be expelled by an order from the throne; and he Secured by Ira-v what he had at firSt acquired by uSurpation. DURING this precarious tlate of the Supreme power, a difference would immediately be experienced between tiiofe portions of territory which were Subjected to the feudal tenures, and thoSe which were pofTeiTed by an allo dial or free title. Though the latter pofleSTions had at fiift been efteemed much preferable, they were Soon Sound, by the progreifive changes introduced into public and private law, to be of an inferior condition to the former. The pofleflorsof a feudal territory, united by a regular Subor dination under one chief, and by the mutual attachments of the vallals, had the Same advantages over the proprietors * Lib. Feud. lib. j. tit. t. A P P E N D I X IT. 427 of the other, that a difciplined army enjoys over n difper- Appendix. led multitude ; and were enabled to commit with impunity 11. all injuries on their defencelefs neighbours, kvery one, "-- therefore, haitened to feek that protection which he found Ib neceflTary ; and each allodial proprietor, refigning his podefllons into the hands of the king, or of forne noble man refpected for power or valour, received them b ick with the condition of feudal fervices*, which, though a burden fomewhat grievous, brought him ample compen- fation, by connecting him with the neighbouring proprie tors, and placing him under the guarjdianfhip of a potent chiiftain. The decay of the political government thus neceflarily occafioned the extenfion of the feudal : The kingdoms of Europe were univerfally divided into baro nies, and thefe into inferior fiefs: And the attachment of vafLls to theirchief, which was at firft an efTential part of the German manners, was ft ill fupported by the fame caufes from which it at firft arofe ; the necettity of mutual pro- teilion, and the continued intercourfe, between the head and the members, of benefits andl ervices. Bur there was another circumfiance which corroborated tlicfe feudal dependencies, and tended to connect the vaf- fals with their fuperior lord by an ihdiflblublc bond of union. The northern conquerors, as well as the more early Greeks and Romans, embraced a policy, which is unavoidable to all nations that have n*,!de flender advances in refinement: They every where united (he civil jurif- diclion with the military power. Law, in its commence ment, was not an intricate fcience, and was more govern ed by maxims of equity, which fecm obvious to common fenfe, than by numerous and fubtile principles, applied to a vaiifty of cafes by profound reafonings from analogy. An officer, though he had parted his life in the field, was able to determine all leg;jl controverfies which could oc cur within thediftrict committed to his charge ; and hisde- cifions were the mod likely to meet with a prompt and ready obedience, from men who refpecled his perfon, and were accufiomed to act under his command. The profit aiifing from pr.nilliments, which were then chicflv pecuniary, was another reafon for his defiling to retain the judicial power ; and when his fief became hereditary, this authority, \vhioh u ;;s eiloi;rial to it, was allb tranfmit- ted to his pofterity. The counts, and other rnagiftrateSj whole power was merely official, were tempted, in imita tion of the feudal lords, whom fhev referr.bled in to many particulars, to render their dignity perpetuul and hercdjta- * Marculf, Form. ^7. 423 HISTORY OF ENG L AND. Appendix, ry ; and in the decline of the regal power, they found no M difficulty in making good their pretenfions. After this ; manper the vaft fabric of feudal fubordination became quite folid and comprehenfive; it formed every where an effential part of the political confutation ; and the Nor man and other barons, whj followed the fortunes of Wil liam, were fo accuflomed to it, that they could fcarcely form an idea of any other fpecies of civil government*. THE Saxons who conquered England, as they exter minated the ancient inhabitants, and thought themfelves fecured by the fea againft new invaders, found it lefs re- quifite to maintain them/elves in a military pofture : 1 he quantity of land which they annexed to offices feems to fcave been of (mall value; and fcr that reafon continued the longer in its original fituation, and was always poiTef- fed during plealure by thofe who were intruded with the command. Theie conditions were too precarious to fatisfy the Norman barons, who enjoyed more independent pof- feflions and jurifdictions in their own country; and Wil liam was obliged, in the new diflribution of land, to copy the tenures, which were now become universal on the continent. England of a ludden became a feudal king- domf; and received all the advantages, and was expoled to all the inconveniences, incident to that Ipeciesof civil polity. The feu- ACCORDING to the principles of the feudal law, the dai go- king was the fupreme lord of the landed property : All verr.ment pofleiTors, who enjoyed the fruits or revenue of any part of Jtng- r ii i /- -i -i i- i -I- gland. * ]t held thole privileges, either mediately or immedi ately, of him; arid their property was conceived to be, in fome degree, conditional . The land was ftill apprehen ded to be a fpecies of benefice, which was the original con ception of a feudal property ; and the vaflfal owed, in re turn for it, ftated lervices to his baron, as the baron him- felf did for his land to the crown. The vaflal was obliged to defend his baron in war ; and the baron, at the head of his valTals, was bound to fight in defence of the king and kingdom. But befides thefe military lervices, which were ca. ual, there were others impoied of a civil nature, which were more conftant and durable. THE northern nations had no idea, that any man, train ed up to honour, and enured to arms, was ever to be go verned, without his own confent, by the ablolute will of * The ideas cf the feural fevernment were fo looiecl, that even lawyers, iti thofe agc-s, could not foim a notion of any other conftitution. Regiunt (fi\i Erafton, l.L. 2. cap. 34-)> quod ex comhatlbus Of baronibus d .cltur tfft coxjii- ttttum f Coke Comm. on Lit. p. i. a. and fe<f>. i. ^ Soruner of Ga\elk. r. KJO. iiiiith tie Hep. lib. 3. cap. 10. A P P E N D 1 X II. 429 another ; or that the adminifhation of juftice was ever to Apnendit. be exercifed by the private opinion of anyone magiftrate, 1U without the concurrence of fome other perfons, whole v * intereft might induce them to check his arbitrary and iniquitous decifion*. The king, therefore, when he found It neceffary to demand any fervice of his barons or chief tenants, beyond what was due by their tenures, was obli ged to aflemble them, in order to obtain their confent I And when it was neceffary to determine any controverfy, which might arife among the barons themfelves, the quef- tion mufl be difcufled in their prefence, and be decided ac cording to their opinion or advice. In thcfe two circufn- flances of confent and advice, confified chiefly the civil fervices of the ancient barons ; and thefe implied all the considerable incidents of government. In one view, the barons regaided this attendance as their principal privilege, in another, ?s a grievous burden. That no momentous affairs could be tranfatted without their confent and ad vice, was in general efteemed the great fecurity of their poflei- fions and dignities : But as they reaped no immediate pro fit from their attendance at court, and were expoled to great inconvenience and charge by an abfence from their own eftates, every one was glad to exempt himlelf from each particular exertion of this power ; and was pleafed both that the call for that duty fhould feldom return upon him, and that others fhould undergo the burden in his flead. The king, on the other hand, was ufually anxi ous, for feveral reafons, that the affembly of the barons mould be full at every ftated or cafual meeting: This at tendance was the chief badge of their fubordination to his crown, and drew them from that independence which they were apt to affeft in their own caftles and manors ; and where the meeting was thin or ill attended, its deter minations had lefs authority, and commanded not fo ready an obedience from the whole community. THE cafe was the fame with the barons in their courts, as with the king in the fupreme council of the nation. It was requifite toaffemble the vaflals, in order to determine by their vote any queftiori which regarded the barony ; and they fat along with the chief in all trials, whether civifr or criminal, which occurred within the limitsof their jurifdiction. They were bound to pay fuit and fervice at the court of their baron; and as their tenure was military, and confequcntly honourable, they were admitted into his fociety, and partook of his friendship. Thus, a kingdom was confidered only as a great barony, ai.a a barony as a fmall kingdom. The baions were peers to each other H. the nat-onal council, and, in fome degree, companions 430 HISTORY OF ENGLAND. Append^, to the king : The vaffals were peers to each other in the fJ- court of barony, and companions to their baron *. v BUT though this refemblance fo far took place, the vaffals, by the natural courfe of things, univerfally, in the feudal conrtitulions, fell into a greater fubordination under tfye baron, than the baron himfelf under his fovereign; and tfyefe governments had a ncceflary and infallible tendency to augment the power of the nobles. The great chief, fefiding in his country-feat, which he was commonly al lowed to fortify, loft, in a great meafure, his connexion or acquaintance with the prince ; and added every day new force to his authority over the vaffals of the barony. They received from him education in all military exercifes: His hofpitality invited them to live and enjoy fociety in his hall: Their leifure, which was great, made them perpe tual retainers on his perfon, and partakers of his country fportsand amufements : They had no means of gratifying their ambition but by making a figure in his train : His favour and countenance was their great eft honour : His difpleafure expofed them to contempt and ignominy : And they felt every moment the neceffityof his protection, both in the controverfies which occurred with other vaffals, a-nd, what was more material, in the daily inroads and injuries which v/ere committed by the neighbouring barons. Du ring the time of general war, the fovereign, who marched at the head of his armies, and was the great prote&or of the ftate, always acquired lome accellion to his authority, which he loft during the intervals of peace and tranquillity: But the loofe police, incident to the feudal conftitutions, maintained a perpetual, though fecret hoftility, between the feveral members of the ftate; and the vaffals found no means of fecuring themfelves againft the injuries to which they were continually expofed, but by cloiely adhering to their chief, and falling into a fubmiffive dependence up on him. IF the feudal government was fo little favourable to the true liberty even of the military vaffal, it was ftill more deftrucliveof the independence and fecurity of the other members of the ftate, or what, in a proper fenfe, we call the people. A great part of them were ferjs, and lived in a ftate of abfolute flavery or villainage: The other in habitants of the country paid their rent in fervices, which were in a great meafure arbitrary ; and they could expert noredrcfs of injuries, in a court of barony, from men who thought they had a right to opprefs and tyrannife over * Du Cansre Gloff. in verb. P<ir. Cupr. Commuti. in Lib. Feud. lib. i. i : , p- 18. bp jlm. Glorf. in verb. APPENDIX II. 43* them: The towns were fituatcd either within the demefnes Appendix. of the king or the lands o; the great barons, and were ** almoft entirely fubjected to the ablolute will ot their maf- * ter. The languiihing il ;te of commerce kept the inhabi tants poor and contemptible ; and the poli tical inftitutions were calculated to render that poverty perpetual. The ba rons and gentry, lining in ruflic plenty and hdfpitafity, gave no encouragement to the arts, and had no demand for any of the more elaborate manufactures: Every profeHi- on was held in contempt but that of arms : And if any merchant or manufacturer rofe by indufiry and frugality to a degree of opulence, he found himfelf but the more ex- poied to injuries, from the envy and avidity of the military nobles. THESE concurring caufes gave the feudal governments fo ftrong a bias towards arifiocracy, that the royal autho rity was extremely eclipfed in all the European Rates ; and, infiead of dreading the growth of monarchical power, we might rather expect that the community would every where crumble into fo many independent baronies, and lofe the political union by which they were cemented. In elective monarchies, the event was commonly anfwerable to this expectation ; and the barons, gaining ground on every vacancy of the throne, raifed themfelves almcft TO a (late of fovereignty, and facrificed to their power both the rights of the crown and the liberties of the people. But hereditary monarchies had a principle of authority which was not lo eafily fubverted ; and there were feveral caufes which ftill maintained a degree of influence in the hands of the iovereign. i HE grcateft baron could never lofe view entirely cf thofc principles of the feudal conftitution which bound him, as a vafTal, to fubmiffion and fealty towards his prince; becaufe he was every moment obliged to have recourfe to thole principles, in exacting fealty and fubmiflion from hfls own vaflals. The leffer barons , finding that the anni hilation of royal authority left them expofed, without pro- lection, to the infults and injuries of more potent neigh- hours, naturally adhered to the crown, and promoted ihe execution of general and equal laws. The people had Hi] I a flronger intereft to defire the grandeur of the fovereign ; and the king, being the legal magiftrate, who differed by every internal convulfion or oppreffion, and who regarded l he great nobles as his immediate rivals, aOumed the falu- tary office of general guardian or protector of the com mons. Befides the prerogatives with which the law invef- ted him, his large demefnes and numerous retainers renue red him, in one fcnfc, the greateft baron in his kingdom; HISTORY OF ENGLAND. Appendix, and where he was poflefled of pe fonal vigour and abilities II* (for his fituation required thefe advantages), he was com- * monly able to prcferve his authority, and maintain his ftation as head of the community, and the chief fountain of law and juftice. THE firft kings of the Norman race were favoured by another circumftance, which preferved them from the en croachments of their barons. They were generals of a conquering army, which was obliged to continue in a mili tary pofture, and to maintain great fubordination under their leader, in order to fecure themfelves from the revolt of the numerous natives, whom they had bereaved of all their properties and privileges. But though this circum ftance fupported the authority of William and his immedi ate fucceflors, and rendered them extremely abfolute, it was loft as fopn as the Norman barons began to incorpo rate with the nation, to acquire a fecurity in their poflef- fions, and to fix their influence over their vaflals, tenants, and (laves. And the immenfe fortunes which the Con queror had beftowed on his chief captains, ferved to fup- port their independence, and make them formidable to the fovereign. HE gave, for inftance, to Hugh de Abrincis, his fifter a fon, the whole county of Chefter, which he erected into a palatinate, and rendered by his grant almoft independent of the crown*. Robert earl of Mortaigne had 973 man ors and lordfliips : Allan earl of Britanny and Richmond 442: Odo bifhop of Baieux439f: Geoffrey bifhop of Coutance 280 $ Wilter Giifard earl of Buckingham 107: William e.irl Warrennc 298, befides 28 towns or hamlets in Yorkfhire : Todenei 81 : Roger Bigod 123: Robert earl of Eu 119: Roger Mortimer 132, befidea feveral hamlets : Robert de Stafford 130 : Walter de Eu- rus earl of Salifbury 46: Geoffrey de Mandeville 118: Richard de Clare :yi : Hugh de Beauchamp47: Baldwin de Ridvers 164: Henry de Ferrars 222 : WilJiam de Per cy 119!) : Norman d Arcy 33* *. Sir Henry Spelman computes, that, in the large county of Norfolk, there were not, in the Conqueror s time, above fixty-fix pro prietors of land ft. Men, poflefled of fuch princely re venues and jurifdiclions, could not long be retained in the * Camel, in Ch~fh. Spelm. Gloff. in verb. Comet Palatinus. t Brady s Hift. p. 198.2*0. t Order. Vital. l| Dugdaie s Barona&e, trom Domefday Book, vol. i. p. 60. 74. iii. 112. 132. 136. 138. 156. 174. ioo. 207. 22j. 2S4- 57- 260. * * Ibid. p. 369. It is remarkable that this family of d Arcy feerhs to be the onlv male defcendems of any of the Conqueror s barons now remaining among the peers. Lord HoUleinelfe i the heir of that faruilf . ft Spel. GIoflT in - eib. Dentefday, A P P E N D I X II. 433- rank of fubjedls. The great earl Warrenne, in a fubfe- Apr- 1 *^*. quent reign, when he was quettioned concerning his ^ right to the lands which he poffefled, drew his fword, which * * he produced as his title ; adding, that William the Baftard did not conquer the kingdom himielf ; but that the barons, and his anceftor among the reft, were joint-adventurers in 1 the enterprife *. THE fupreme legiflative power of England was lodged T] in the king and grejt council, or what was afterwards cal- feudal led the parliament. It is not doubted but the archbifhops, pariiamenV. bifhops, and moft considerable abbots, were conftituent members of this council. They fat by a double title : J3y preicription, as baving always pofieiled that privilege, through the whole Saxon period, from the firft eflablifh- ment of Cbfiftianity ; and by their right of baronage, as holding of the king in capitc by military fervice. Tlieie two tiilesof the prelates were never accurately diftinguifh- , ed. When the ufurpstions of the church had rifen to fuch a height, as to make the bifliops affect a feparate domi nion, and regard their feat in parliament as a degradation of their epifcopal dignity ; theking infifted that they were barons, and, on that account, obliged by the general prin ciples of the feudal law, to attend on him in his great coun cils f. Yet there ftill remained Ibme practices, which fuppofed their title to be derived merely from ancient pot- feffion : When a bifhop was elected, he fat in parliament before the king had made him reftitution of his temporali ties ; and during the vacancy of a fee, the guardian of the fpiritualities -was fummoned te attend along with the bilhops. THE barons were another conftituent part of the great council of the nation. Thefe held immediately of the crown by a military tenure : They were the moft honour able members of the ftate, and had a right to be confulted in all public deliberations : They were the immediate vaflals of the crown, and owed as jtjcrvice their attendance in the court of their fupreme lord. A refolution taken without their confent was likely to be but ill executed i And no determination of any caufe or controverfy among them had any validity, where the vote and advice of the body did not concur. The dignity of earl or count was official and territorial, as well as hereditary ; and as all the earls were alfo barons, they were confjdered as military vaflals of the crown, were admitted in that capacity into VOL. 1. 3 K * Dug. Par. vol. i. p. 79. Ibid. Oi gines Jurid^dles, p. ij. t Spcl, Gloff. invejb. Bare. 434 HISTORY OF ENGLAND. Appendix, the general council, and formed the moft honourable and !! powerful branch of it. "~~ J BUT there was another clafs of the immediate military tenants of the crown, no lefs, or probably more, numerous than the barons, the tenants in capitt by knights fervice ; and thefe, however inferior in -power or property, held by a tenure which was equally honourable with that of the others. A barony was commonly compofed of feveral knights fees: And though the number feems not to have been exactly defined, feldom comfifted of leis than fifty hydes of land*: But where a man held of the king only one or two knights fees, he vasflillan immediate vaflal of the crown, and as fuch had a title to have a feat in the general councils. But as this attendance was ufually efteemed a burthen, and one too great for a man of flen- der fortune to bear conflantly ; it is probable that, though he had a title, if he pleafed, to be admitted, he was not obliged, by any penalty, like the barons, to pay a regular attendance. All the immediate military tenants of the crown amounted not fully to 700, when Domelday-book was framed ; and as the members were well pleafed, on any pretext, to excufe themfelves from attendance, the affembly was never likeh to become too numerous for the difpatch of public bufinefs. The com So far the nature of a general council, or ancient par- mans, liament, is determined without any doubt or controverfy. The only queftion feems to be with regard to the com mons, or the reprefentatives of counties and boroughs ; whether they were alfo, in more early times, conftituent parts of parliament ? This queftion was once difputed in England with great acrimony : But fuch is the force of time and evidence, that they can fometimes prevail even over faction ; and the queftion feems, by general confent, and even by their own, to be at laft determined againft the ruling party. It is agreed, that the commons were no part of the gjeat council, till feme ages after the conqueft; and that the military tenants alone of the crown compofed that fupreme and legiflative atTembly. THE vaffals of a baron were by their tenure immedi ately dependant on him, owed attendance at his court, and paid all their duty to the king, through that depen- dance which their lord was obliged by his tenure to ac knowledge to his fovereign and fuperior. Their land, * Four hydes made one knight s fee: The relief of a barony was twelve times greater than that of a knight s fee; whence we may conjecture its ufual v.ilne. Spelm. Clod , in ve:b. l \ ,diun. J here were 243,600 hydes in i.ng- 5and, anc!6o,2i ; knights fees; whence it is evident tkat there were a little mon- than four hydes in each knight s fes. APPENDIX II. 435 comprehended in the barony, was represented in pailia- ment by the baron himSclf, who was fuppofed, according to the fitlionsc " the feudal law, to poffeSs the direct pro- pertyof it, and it would have been deemed incongruous to give it any other representation. They flood in the fame capacity to him, that he and the other barons did to the king : The former were peers of the barony ; the latter were peersof the realm : The vaSfals poffefled a Subordinate rank within their diftricr. ; the baron enjoyed a Superior dignity in the great aflembly : They were in fome degree his companions at home ; he the king s companion at court: And nothing can be more evidently repugnant to all feu dal ideas, and to that gradual Subordination which was eS- fcntial to thoSe ancient inilitutions, than to imagine that the king would apply either for the advice or confent of men, who were of a rank fo much inferior, and whofe duty was immediately paid to the ?n> fne lord that was interpofed between them and the throne*. IF it be unreasonable to think that the vaflals of a baro ny, though their tenure was military and noble and ho- noura >le, were ever Summoned to give their opinion in na tional councils, much lels can it be SuppoSed, that the tradefmen or inhabitants of boroughs, whoSe condition was fo much inferior, would be admitted to that privilege. It appears from DomeSday, that the greateSt boroughs were, at the time of the conquefl, Scarcely more than country villages; and that the inhabitants lived in entire depen- dance on the king or great lords, and were of a Station lit tle better than Servile f. They were not then So much as incorporated ; they Sormed no Community ; were not re garded as a body politic ; and being really nothing but a number of low dependent tradeSmen, living, without any particular civil tie, in neighbourhood together, they were incapable of being represented in the States of the king dom, liven in France, a country which made more early advances in arts and civility than England, the firft cor poration is Sixty years pofterior to the conqueft under the duke of Normandy ; and the erecting of theSe communi ties was an invention of Lewis the Grois, in order to free the people from Slavery under the lords, nd to give them protection, by means of certain privileges and a Separate jurisdiction \. An ancient French writer calh; th;m a new and wicked device, to procure liberty to Slaves, and en courage them in Shaking off the dominion of theii maftersH. * Spelm. GloIT. in veib. Euro. f L\Ler Lamol Thinly (ii- fietl i f-emieinau : For fcaice any one beficle was entire 1 .)- fiee. Spelm. Gloll. in verbo. j Du Cangc s Gioif. ift vb. Ciwl | C^mmunitus* || Guiber uu dc vita fua, lib. j. caj). 7. 430 HISTORY OF ENGLAND. Appendix. The famous charter, as it is called, of the conqueror to Ii- the city of London, though granted at a time when he af- 4 v fumed the appearance of gentleneis and lenity, is nothing but a letter of protection, and a declaration that the citi zens (hould not be treated as {laves*. By the Englilh feu dal law, the fuperiqr lord was prohibited from marrying his female ward toaburgefs or a villain + ; fo near were jhefe two ranks efteemed to each other, and fo much infe rior to the nobility and gentry. Befides pofle fling the ad vantages of birth, riches, civil powers and privileges, the nobles and gentlemen alone were armed, a circumftan.ee which gave them a mighty fupeviority, in an age when nothing but the military profeflion was honourable, and when the looie execution of laws gave fo much encourage ment to open violence, and rendered it fo decifive in all difputes and conlroveifiesj. THE great fimilarity among the feudal governments of Europe is well known to every man that has any acquain tance with ancient hiflory ; and the antiquaries of all fo reign countries, where the qucftion was never embarrafJed by party difpuies, ha^e allowed, that the commons came very Jatejto be admitted to a fhare in the legislative power. In Normandy particularly, whofe conciliation was moil .likely to be William s model in laifing his pew fabric of Englifti government, the ftates were entirely compofed of the clergy and nobility ; and the firft incorporated bo roughs or comm inities of that dutchy were Rouen and Fa- laife, which enjoyed their privileges by a grant of Philip Auguflus in the year 1207)!. All the ancient Englim hif- torians, when they mention the great council of the nati on, call it an aflembly cf the rnronzge, robility, or great men ; and none of their expreffions, though feveral hun dred paiTages might be produced, can, without the ufmcft violence, be tortured to a meaning which will admit I he commons to be conftilueut members of that body**. If * Srat. of Merton, I5^,cap. 6. f Hollin? fhed, vol. iil.p. n; L Madox s Paron. A n^t. p. iq. jj Norman. Cu Chefmi, p. 1066. Du Cange Glo.T. in erb. C^r.m -re. * * Sometimes .the hiflorians mention the people, populvs, as a part of the parliament ; ti;:t they always mran ihe !a ; rv, in oppofit on to the clergy. Snr.,-- times the word comif^aitat is found ; but it always mexKttnt^amitai barong>>. Thefe points are clearly proved by Dr. Brady. 1 here is allb mention fon e- tirnes made of a crowd or multitude that thronged into the great council on particular interellirg rcralion.s ; but as defntJes from boroughs are ne- er once fpole of, the proof, that they had not then any exiftei.ce, becomes tie more certain and Undeniable. i hefe never could make a crowd, as they mull have had a regular r a. eafligned them, if they had made a regular part cf the legiflative body. Iheie were only 1 3 " boroughs who received wiitsof fun.- jnons from Ldwaid 1. It is exprtMy laid in Gefa Reg. Steph. p. 932, lhat it was uf;:ai for the populace, vulgus, to crowd into the great councils ; vl.tu- they were plainly me:e i;jLClators, and could only giatify their curioiity. A P P E N D 1 X II. in the long period of 200 years, which elapfed between . the Conqueft and the latter end of Henry ill. and which abounded in factions, revolutions, and eonvulfions, of all kinds, the houfe of co-unions never performed one finale le^iflativs act to confiderable as to be once mentioned by ^ anv of the numerous hiftoiians or that age, they mull have been totally infignificant : And in that tale, what realbn can be afligned for their ever being affembled V Can it be fuppofed, that men of Ib little weight or impor tance poflefled a negative voice againit the king and the barons? Every page of the fubfeq.uent hiftories difcovers their exigence ; though thefe hiftoriesarc not written with greater accuracy than the preceding ones, and indeed Scarcely equal them in that particular. 1 he Magna Ckarta of king John provides, that no fcutage or aid fhould be impofed, either on the land or towns, but by content of the great council ; and for more lecurity, it enumerates the perfons entitled to a feat in that afiembly, the prelates and immediate tenants of the crown, without any mention of the commons : An authority io full, cer tain, and explicit, that nothing but the zeal of party could ever have procured credit to any contrary hypo- thefis. IT was probably the example of the French barons, which firil emboldened the Englifti to require greater inde pendence from their fovereign : It is allo probable, that the boroughsand corporations of England were eftablifiied in imitation of thofe of France. It may, therefore, be propofed as no unlikely conjecture, that both the chief privileges of the peers in England and the liberty of the commons were originally the growth of that foreign country. IN ancient times, men were little folicitous to obtain a place in the legislative aflcmblies ; and rather regarded their attendance as a burden, which was not com pen fa ted by any return of profit or honour proportionate to the trou ble and expence. The only reaion for inftjtating thole public councils was, on the part of the fubjeci, that they defired fome fecunty from the attempts of arbitrary pow er ; and on the part cf the fovereign, that he deipaired of governing men of fuch independent Ipirits without their own conient and concurrence. But the commons, or the inhabitants of boroughs, had not as yet reached fuch a degree of confederation as to defire fecunty againfi their prince, or to imagine, that even if they were ailembled in a reprefentativebody, they had power or rank fufficient to enforce it. The only protection which they alpired to, was againil the immediate violence and injuflic? ftf their 438 H I S T O R Y O F E N G L A N D. Appendix, fellow-citizens ; and this advantage each of them Jooked U. f<,r from the courts of juftice, or from the authority of iome v v _. prp.-jj. jortj, to whom by l..w or his own choice he was at- ta bed. On itieo her hand, the (Sovereign was fufftciently aflared of u -sedieuC 1 in the whole community, if he pro- ^fored tne concurrence of the nobles; nor had he realori to apprehend ? Mt ? r iy order of the ftate could refill his and their united a thorny. The military fub-vaflals could enteituin no idea of oppoliagboth their prince and their fuperiors : The burgeltes and tradelmen could much lei s alp-re to Inch -: thought : And hus, ev.-.-n if hifiory were filenton the head, we have reaioa to conclude, from the known fituation of fociety during thofe ages, that the commons were never admitted as members of the legifla- tive body. THE executive power of rh: Anglo Norman govern ment was lodged in the kh.g. Befides the ftated meetings of riie national council at the three great feftivals of Chrin- mas, toiler, and Whitfuntide*, he was accuftomed, on any fudden exigence, to lummon them together. He could at his pleafure command the attendance of his barons and their vaflals, iu which confuted the military force of the king lorn; and could employ them, during forty days, either in refilling a foreign enemy, or reducing his rebellious fubjecls. And, what was of great impor tance, the whole judicial power was ultimately in his hands, and was exerciied by officers and miniflers of his appointment. THE general plan of the Anglo-Norman government judicial was, that the court of barony was appointed to decide fuch controverfies as aiofe between the several vaffals or fubje&sof the fame barony, the hundred-court and county- court, which were Hill continued as during the Saxon times f, 10 judge between the fubje&S of different baro nies |; and the curia regis, cr king s court, to give fcn- * Dugd.Oiig. Jurid. p. 15. Speuii. GlofT. in vcrbo farliamenium. \ Ar.g ,->ai:ra. vol. i. p. jj-j, >xc. Dugd. Orig. Jur.J. p. ^7. 29. Madox Hill, of L\cli. P 75, -/6. S,>e!in. Glcii. in verbo Hundred. I N-^ne ol utc lfui.il go crnmenis in --utope had fuch iriftitutions as the; count, c liuts, wh.chthe giea- authoriiy of the Conqueror ftiil iciained fiom the Sa*on cuit^ms All UM freeholder* of die count" even the gieaieft barons, were obliged to attend ilie theuffsin tnci.- courts, and to aifift them in the ad- miniftidtion of juftice. By this means tuey receive ! frequent ano i"e;.:.fale ad- mi iitiins . their de ^endance on the king or lupreme magi- rate : Jhey foimed a kino of c immunity with their fellovr-ta O .3 and freeholdeis : J hey were ofter liav from their indi .Jual an.i iadt ; .ident ftate, peculiar to the feudal fy .iem ; ana were made members if a political body : And per), aj)->, this iufii- tution of count, -couits m Englam. has had gteaier effeits on the government than has vet bcendiitindtiy pointed out by hifiorans, or tiactu bi antiijuaries. The b.ron-. were never able to fiee themfe) es fiom this attendance on the fiierifts and itineiaut jufticeb till the reign cf he;;r/ 111. A P P E N D I X II. 439 tejice among the barons themfelves*. But this plan, though Appendix. fimple, was attended with foroe circumftances which, being U- derived from a very extenfive authority adumed by the * r ~~~ J Conqueror, contributed to increase the royal prerogative; and as Jong as the fiate was not difturbed by arms, reduced every order of the community to fome degree of depen- dance and fubordination. THE king himfelf often fat in his court, which always attended his perfon \ : He there heard caufes and pronoun ced judgment %\ and though he was afFifted by the advice of the other members, it is not to be imagined that a deci- fion could eafily be obtained contrary to his inclination or opinion. In hisabfence the chief judiciary pref.ded, who was the firft magiftrate in the Rate, and a kind of viceroy, on whom depended all the civil affairs of the kingdom || The other chief officers of the crown, the conftable, mare- fchal, fenefchal, chamberlain, treafurer, and chancellor**, were members, together with fuch feudal barons as thought proper to attend, and the barons of the Exchequer, who at firft were alfo feudal barons appointed by the king f"f. This court, which was fomctimes called the king s court, fometimes the court of Exchequer, judged in all caufes, civil and criminal, and comprehended the whole bufinefs which is now fhnred out among four courts, the Chancery, the King s Bench, the Common Pleas, and the Exche quer JJ. SUCH an accumulation of powers was itfelfa great fource of authority, and rendered the jurifdiftion of the court for midable to all the fubje&s ; but the turn which judicial trials took ibon after the Conqueft, ferved ftill more to increafe its authority, and ,to augment the royal prero gatives. William, among the other violent changes which he attempted and effected, had introduced the Norman law into England ||||, had ordered all the plead ings to be in that tongue, and had interwoven, with the; Engliih jurifprudence, all the maxims and principles which the Normans, more advanced in cultivation, and naturally litigious, were accuftomed to obferve in the diflribution of juflice. Law now became a fcience, which at firft fell entirely into the hands of the Normans ; * Brady, Pref. p. 143. f Madox Hift. of Exch. p. in;. t Bratton. lib. 3. cap. g. i. cap. T<V i. | Spelm. Gloii. in ver- bo Jitjiic :arii. * Madox Hift. Exch. p. 27. 29. jj. 38. 41. 54. The Nor mans introduced the practice of fealing charters ; and the chancrllor s oftce was to keep the Great Seal IngvlfDugd p. 33.34. tt Ma dox hiit. of the Exch. p. 134, 135. Gerv. IJorob. p. 1387. f J Ma dox HiQ. of the Exch. p. 56. 70. ,j !| Dial, de Scac. p. 30. apod Madox Hit. f the txchsquer. 440 HISTORY OF ENGLAND. Appendix. a nd which, even after it was commnnicated to the Englifh, ^ required Ib much ftudy and application that the laity, in 41 v thole ignorant ages, were incapable of attaining it, and it was a myftery almoft folely confined to the clergy, and chiefly to the monks*. The great officers of the crown, and the feudal barons, who were military men, found themfelves unfit to penetrate into thofe obfcurities ; and though they were entitled to a feat in the fupreme judica ture, the bufmefsof the court was wholly managed by the chief judiciary and the law barons, who were men ap pointed by the king, and entirely at his difpofalf. This natural courfe of things was forwarded by the multiplicity of bufineis which flowed into that court, and which daily augmented by the appeals from all the fubordinate judica tures of the kingdom. 1 N th* Saxon times, no appeal was received in the king s court, except upon the denial or delay of juftice by the inferior courts ; and the fame practice was ftill obferved in moft of the feudal kingdoms of Europe. But the great power of the Conqueror eftablifhed at ft rft in England an authority which the monarchs in France were not able to attain till the reign of St. Lewis, who lived near two centu ries after : He empowered his court to receive appeals both from the courts of barony and the county-courts, and by that means brought the adminiflration of juftice ultimate ly into the hand of the fovereignj. And left the expence or trouble of a journey to court fhould difcourage luitors, and make them acquiefce in the decifion of the inferior judicatures, itinerant judgec were afterwards eftablifhed, who made their circuits throughout the kingdom, and tried all caufes that were brought before them||. By this expedient the courts of barony were kept in awe ; and if they ftill preferved fome influence, it was only from the apprehensions which the vaflals might entertain of difo- bliging their fuperior,by appealing from his jurifdiclion. But the county-courts were much difcredited ; and as the freeholders were found ignorant of the intricate principles and forms of the new law, the lawyers gradually brought all bufineis before the king s judges, and abandoned the * Malmef. lib. 4. p. 123. f Cugd. Orig. Jurid. p. 25. } Madox Kift. of the Uch. p. 6.-,. GJanv. lib. 12. cap. i. 7. LL. lien. I. 31. spud Wilkins, p. 248. Jritz-Stepht-rs, p. 36. Coke s Comment, on the Statute of Mulbridge, cap. 20. || Madox. Hift. of the txch. y>. $3, 84. ir,. Gerv. Doic.b. p. 1410. What marie the Anglo-Noiinan barons more readily fubm t to appeals from their court to the king s court of l ,> chequer, was their feeing accuftomed to like appeals in Normandy to the ducal court of exchequer. See Gilbert s HiRory of the Lxchequer, p. I, 2; though the author thinks it "doubtful whether the Jv oriran coitit was not rather copied fiom the Eng,- liih, p. 6. APPENDIX II. 441 ancient fimple and popular judicature. After this manner the formalities of juftice, which, though they appear te dious and cumberfome. are fcrund requifite to the fupport of liberty in all monarchical governments, proved atfirft, by a combination of caule?, very advantageous to royal au thority in England. TME power of the Norman kings wasalib much fupport- Revenue ed by a gre^t revenue ; and by a revenue that was fixed, of the perpetual, and independent of the fubjeci. The people, cr without betaking thernfelves to arms, had no check upon the king, and no regular lecuritv for the due adminiftra- tion of juftice. In thole days of violence, many inftances of oppreflion pa fled unheeded : and foon after were open ly pleaded as precedents, which it was unlawful to diipute or control. Princes r rid minifters were too ignorant to be thernfelves feufible cf the advantages attending an equita ble adminiftra ion ; and there was no eftablilhed council or aflemblv which could protect the people, and, by withdrawing fupplies, regularly and peaceably admonifh the king of his duty, and enfure the execution of the laws. THE firft branch of the king s Hated revenue was the royal demelhes or crown lands, which were very exten- Jive, and comprehended, befide a great number of manors, moft of the chief cities of the kingdom. It was eftablilhed by law that the king rould alienate no part cf his demefne, and that he himfelfor his fucceflbr could at any timerefume filch donations * : But this law was never regularlv oblerv- ed ; which happily rendered in time the cro*.vn fomewhat more dependant. The rent of the crown lands, confidered merely as fo much riches, was a foutceof power : The in fluence of the king over his tenants and the inhabitants of 1m towns, iacreafed this power : But the other numerous branches of his revenue, befides fupplytng his treafury, gave, by their very nature, a great latitude to arbitrary au thority, and were a fupport of the prerogative; as will appear from an enumeration of them. THE king was never content with the flated rents, but levied heavy talliages at pleafure on the inhabitants Loth of town an.d country, who lived within his demefne. All bargains of (ale, in order to prevent theft, being prohibit ed except in boroughs and public markets f, he pretended to exacl tolls on all goods which were there fold J. He feized two hogfheads, one before and one behind the mail, VOL. I. 3 L * Flcu, lib. i. cap. 8. 17. lib. j.cao. 6. $ ^. Brttfon, Hb. 2. Cdp. ?, t LL. Will, i, cap. 6t. * Yadox. p. $jo. 442 HISTORY OF ENGLAND. Appendix, from every vefiel that imported wine. All goods paid to H. his cuftoms a proportional part of their value*: PafTage v v over bridges and on rivers was loaded with tolls at plea- fure f: And though the boroughs by degrees bought the liberty of farming thefe impofitions, yet the revenue pro fited bv thefe bargains ; new fums were often exacted for the renewal and confirmation of their charters J, and the people were thus held in perpetual dependance. SUCH was the fituation of the inhabitants within the royal demefnes. But UK- pofletTors of land, or the milita ry tenants, though they were better protected both by law, and by the great privilege of carrying arms, were, from the nature of their tenures, much expofed to the inroads of power, and pofJefled not what we ihould efteem, in our age, a very durable fecuritv . The Conqueror ordained that the barons fhould be obliged to pay nothing beyond their ftated fervices ||, except a reafonable aid to ranfom his perion if he were taken in war, to make his eldeft fon a knight, and to marry his elded daughter. What fhould on thefe occafions be deemed a reaibnable aid, was not determined ; and the demands of the crown were fo far diicretionary. THE king could require in war the perfonal attendance of hisvaflals, that is, of almofl all the landed propiietors; and if they declined the fervice, they were obliged to pay him a cotnpofition in money, which was called a fcutage. The fum was, during (ome reigns, precarious and uncer tain ; it was fometimes levied without allowing the vaflal the liberty of perfonal fervice** ; and it was a ufual arti fice of the king s to pretend an expedition, that he might be entitled to levy the fcutage from his military tenants. Danegelt was another fpecies of land-tax levied by the early Noiman kings, arbitrarily, and contrary to the laws of the Conqueror ft. Money-age was alfo a general land-tax of the fame nature, levied by the two firft Nor man kings, and abolifhed by the charter of Henry 1 1|. It was a .billing paid every three years by each hearth, to induce the king not to ufe his prerogative in debafine; the coin. Indeed it appears from that charter, that though the Conqueror had granted his military tenants an immu nity from all taxes and Uilliages, he nd his fon William had never thought themfelves bound to oblerve that rule, but had levied impofitions at pleafure on all the landed * Madox, p. 579. Tliis author fays a fifteenth. But it is not eafy to recon cile this account to other authpiities. f Mailox, p. 529. Madox s Hift. of the Lxch. p. 675, 276, 277, fee. |! LL. \Vi \. Conq. 55. * * Gervafe de I ilbury, p. 25. f f Mauox ; Hift. of the Exch. p. 475. $$ Matth. 1 aris, p. 38. APPENDIX II. 443 tfiates of the kingdom. The utmoft that Henry grants is, Appendix. that the land cultivated by the military tenant himielf fhall not be fo buidened ; but he reserves the power of taxing """ VM "~ the farmers : And as it is known that Henry s charter was never obferved in any one article, we may be allured, that this prince and his fucceffors retraclecl even this frnall in dulgence, and levied arbitrary impofitions on all the lands of all their fubjects. Thefe taxes were lometimes very heavy; fince Malmefbury tells us, that in the reign of William Rufus, the farmers, on account of them, abandon^ cd tillage, and a famine enfued*. THE efcheats were a great branch both of power and of revenue, efpecially during the firft reigns after the Con- queft. In default of pofterity from the firft baron, his land reverted to the crown, and continually augmented the king s pofleffions. The prince had indeed by law a power of alienating theie efcheats ; but by this means he had an opportunity of eftablifhing the fortunes of his friends and fervants, and thereby enlarging his authority. Sometimes he retained them in his own hands ; and they were gradu ally confounded with the roy-jl demefnes, and became dim- cult to be dil tinguifhed from them. Thisconfr.fion is pro bably the reafon why the kin^ acquired the right of alie nating hisdemeines. BUT befides eicheats from default of heirs, thole which enfued from crimes or breach of duty tow-irds the fuperior Jord, were frequent iv, ancient times. If the valTal, being thrice fummoned to attend his firperior s court, and do feal ty, neglected or refilled obedience, he forfeited all titie to his landf- If he denied his tenure, or refufed his fervice, he was expoled to the fame penalty $. If he fold his eftate wi hout licence from his lord||, or if he fold it upon any other tenure or title than that by which he himielf held it**, he loft all right to it. The adhering to his lord s enemiesft, deferting him in war, J :, betraying his fe- cretsl! |!, debauching his wife or his near relations*^, or even ufing indecent freedoms with themf^., might be pun i(Tied by forfeiture. J he higher crimes, rapes, robbe ry, murr!?r, arfon, &c. were called felony ; and being interpreted want of fidelity to the lord, m.ide him lo!e his fief* +. Even where the felon *va ; v.iilal to a baron, though his immediate loid enjoyed the ioiiuiture, the king might * SoaKbCbron. vbb. Knyghton, p. 2366. t Hottom. de Feud. Difp. cap. , J L . . \. tit. i. ^. tit. lib. a i. 39. (l Id. l.b. i . t t. 2 i. t>. 4. Tit. .^4. ft ! - -" j- : *i l(i - i b. 4- tit. i \. -2\. r i. l.b. 4. tit. 14. . !<!. l.b. i. tit. ; f, . lib. I. tit. i. * j : i vim. ^ ;wi. .n veil.. 1 t-. - 444 HISTORY OF ENGLAND. Appendix, retain poiTeffion of his eilate during a twelve-month, and JI. had the right of fpoiiing and deftroying it, unlefs the ba- v ^ j O n paid him a reafonable corppofition *. We liave not here enume-rated ail the Ipecies of felonies, or of crimes by Mihich forfeiture was incurred : We have faid enough to prove, that the poffeffion of feudal property was anci- eatly fornewhafc precarious, and that the primary idea was never loft, of its beinga kind of jee or benefice. WHEN a baron died, the king immediately took pof feffion of the eftatc ; and the heir, before .he recovered his right, was obliged to make application to the crown, and defire that he might be admitted to do homage for his land, and pay a compofition to the king. This compofition .was not at firft fixed by law, at leafl by practice: The king was often exorbitant in his demands, and kept pof- fefllon of the land till they were complied with. IF the heir were a minor, the king retained the whole profit of the eflate till his majority ; and might grant what fum he thovught proper for the education arid maintenance of the young baron. This practice wa^^lib founded on the notion that a fief was a benefice, an^hat while the heir could not perform his military fcrvices, the revenue devolved to the fuperior, who employed another in his ftead. It is obvious, that a great proportion of the landed properly mud, by means of this device, be rontrrnially in the handb of the prince, and that all the noble families were thereby held in perpetual dependance. When the king granted the wardfhJp of a rich heir to any one, he had the opportunity of enriching a favourite or rninifter : If he fold it, he thereby levied a confideiable fum of money. Simon de&lounrfort paid Henry III. io,coo marks, an immenfe^lfim in thole days, for the wardfhip of Gilbert de Umfrcvillef. Geoffrey de Ivlandeville paid to the f.~ine prince the Aim of SO.OOQ marks, that he might marry lia- bel countefs of Glocefter, and poffefs all her lands and knights fees. This fum would be equivalent to 300,000, perhaps 400,000 pounds in our time t- IF the heir were a female, the king was entitled to olter her any hufband of her rank ho thought proper; and if ihe refufed him flic forfeited her land. Even a male heir could not marry wifhout the royal confent ; and it was ufual for men to pay lorgc fums for the liberty of making their own choice in marriage ||. No man cculd difpofe of his land, either by (ale or will, without the confent of his fuperioi t The potlellor was never confidered as full * Spe ra. GlofT. in veib. Ft Ionia. Glanville, lib. 7. cap. 17. | Madox sHift. of the Exch. p. ;2j. t Id. p. 322. j| Id. p. 320. APPENDIX II. 445 proprietor: He was flill a kind of beneficiary ; and could Appendix. not oblige his fnperior to accept of any vaHal that was not 11. agreeable to him. PINES, amerciaments, and oblatas, as they were called, were another confiderable branch of the royal power and revenue. The ancient records of the exchequer, which are ftill preierved, give furpriting accounts of the numerous fines and amerciaments .levied in thofe days*, and of the flrange inventions fallen upon to exact money from the fubjett. It appears that the ancient kings of England put therqfelves entirely on the foot of the barba rous eaftern princes, whom no man mud approach without a prefent, who fell all their good offices, and who intrude themfelvesinto every bufinefs that they may have a pre- fence for extorting money. Even jufiice was avowedly bought and fold ; the king s court itfclf, though the fu- preme judicature of the kingdom, was open to none that brought not prefents to the king; the bribes given for the expedition, delay f, fufpenuon, and, doubrlefs, for the perverfion of juftice, were entered in the public repifiers of the royal revenue, and remain as monuments of the perpetual iniquity and tyranny of the times. The borons of the exchequer, for initance, the firft nobility of the kingdom, were not afhamed to infert,as an article in their records, that the county of Norfolk paid a fum that they might be fairly dealt with $; the borough of Yarmouth, that the king s charters, which they have for their liberties, might not be violated ||; Richard, fon of Gilbert, for the king s helping him to recover his debt from the Jews** : Serlo, fon of Terlavafion, that he might be permitted to make his defence, in cafe he were accufed of a certain ho- micide ff ; Walter de Burton, for free law, if accufed of wounding another || ; Robert de EHart, for hnving an Jnqueit to find whether Roger the butcher, and VVace and Humphrey, accufed him of robbery and theft out of envy and ill-will, or not||]|; William Buhurft, for having an inqueft to find whether he were accufed of the death of one Godwin, out of ill-will, or for jurt caufe*^. 1 have felected thefe few inftances from a ^reat number of a like kind, which Madox had lelefted from a flill greater num ber, preferveiiin the ancient rolls of the exchequer f 4" SOMETIMES the party litigant offered the king a certain portion, a half, a third, a fourth, payable out of the debts which he, as the executor of juftice, fliould affift in re- * Madox s Hift. of the Exch. p. rv . ! Id. p. 274. j-^o. t Id. p. 205. l| Id. ibid. * (d. p. 296. He pa d 2^0 mirks, a great fum in thcfs da> -c .. f j- Id. p. 2(..6. tj Id. ibid. || || Id. p. 2 q8. *4 Id. 5. 302. t j. MadoK s Hift. of the Exch. chap. xii. 446 HISTORY OF ENGLAND. Appendix. Covering*. Theophania de Weftland agreed to pay the 11. half of 212 marks, that fhe might recover that fum againft * * f James de Fughlefton \ ; Solomon the Jew engaged to pay one mark out of every feven that he ihould recover againft Hugh de la HofeJ ; Nicholas Morrcl promifed to payfixty pounds, that the earl of Flanders might be dillrained to pay hirtl y43 pounds, which the earl had taken from him ; and thefe fixty pounds were to be paid out of the firft money that Nicholas fhould recover from the earl ||. As the king adumed the entire power over trade, he to be paid for a permiflion to exerciie commerce or of any kind**. Hugh Oiiel paid 400 marks for liberty to trade in England ft: Nigel de Havenne gave fifty marks for the partnerfhip in merchandife which he had with Gervafe de Hanton$$ : The men of Wor- cefter p*id 100 millings, that they might have the liberty of felling and bu ing dyed cloth as formerly |!|| : Seve ral other towns paid for a like liberty * # . The commerce indeed of the kingdom was fo much under the control of the king, that he erected gi ds, corporations, and monopo lies wherever he pleafed; and levied fumsfor thefe exclu- five privileges f .].. THKRE were i;o profits fo fmall as to be below the king s attention. Henry, fon of Arthur, gave ten dogs to have a recognition againft the countefs of Copland for one Knight s fee|jj. Roger, fon of Nicholas, gave twenty lampreys and twenty fhodsforan inqueft, to find whether Giij>ert, fon of Alured, gave to Roger 200 muttons to ob tain his confirmation for certain lands, or whether Roger took them from him by violenceljjl j| : Geoffrey Fitz-Pierre, the chief jufticiary, gave two good Norway hawks, that Walter le Madine might have leave to export a hun dred weight of cheefe out of the king s dominions f*f. Ir i really amufing to remark the Orange bufinefs in which the king fometimes interfered, and never without a prefent : The wife of i ugh de Neville gave the king 2OO hens, that the might lie with her hufbundone night J*J; and fhe brought with her two fureties, who anfwered each fora hundred bens. It is probable that her huiband was a prifoner,. which debarred her from having acccfs to him. The abbot of Rucford paid ten marks, for leave to cret houfes an:i place men upon his land near Welhand, in or der to fecuie 1m wood there from being ftolen ||*|| : Hugh * Madox s Hift.of the E>cl. 1.311- fid. ibid. J Id. p. jq. 31?. !! Id. p. 512. !ci p. 323. t ( Id. ib.d. ** Id. ibid. !j!i Id.p. *. ; d. ibid. f Id. p. 2;2, 233, &c. . Jtt M^iiOx s Hift. of txeK. p. ?oS. Ijil l Id. p. 365. i*;Id. p. 3:3. +JW-P-3^ ||"|| Id. ibid. APPENDIX II. 447 archdeacon of Wells gave one tun of wine for leave to car- Appendix. rv 6--O fumms of corn whither he would*: Feter de II. Peraris nave twenty marks for leave to fait fifties, as Peter **- * Chevalier ufedtodof. IT was ufual to pay high fines, in order to gain the king s good will, or mitigate his anger, hi the leign of Henry II. Gilbert, the (on of Fergus, fines in 910 pounds (hillings to obtain that prince s favour; William de Cha- taignesa thoufarid marks, that he would remit l.is dilplea- fure. In the reign of Henry HI. the city of London fines in no leis a turn than 20,000 pounds on the tame ac count . THE king s proteclion :md good offices of every kind were bought and fold. Robert Griilet paid twenty marks of filver, that th; king would help him again!} the earl of Moitaigne in a certain plea jj : Robot de Cundet gave thirty marks of filver that the king would bring him to an accord with the bitbop of Lincoln * * : Ralp de Breckham gave a hawk, that the king would protect himf f ; and this is a very frequent reafon ior payments: John, fon of Ordgar, gave a Norway hawk to have the king s requeft to the king of Norway to let him have his brother Go- dard s chattels | $ : Richard de Neville gave twenty pal freys to obtain the king s lequefl to Ifolda Biffet, that fhe fhouldtake him fora hufband |||l : Roger Fitz- Waiter gave three good palfreys to have the ki"g sletier to Roger Ber- trame s mother, that (he fhould marry him %: Eiing, the d^>.n, paid joo marks, lhat his whore and his children might be let out upon bail j* 4 The bifhop of Winchef- ter gave one tun of good wine for his not putting the king in mind to give a girdle to the countefs of Albemai !e $ |J : Robert de Veaux gave five of the beft palfreys, that the king would hold his tongue about .Henry Pinel s wift||ll||. There are, in the records of thecxchequer, many other fin- gular inftancesofa like naturef*f. It will however be juft Id. p. 320. f Id. p. jco. J Id. p. 327. j?8. || MacK;> s K<u. oi !-xch. p. 321.). * III. j>. 330. It id. p. 332. $ Id. ,!.,!. !|.| Id. p. 333. - Id. ibid. f| Id. p. 342. Pro ba ,txdii arnica fua ttJUl is. S?r. Jti id. p. 352. j| l| ! Id. ib.d. Ut rtx toftrel de uxore tlenrici Pine/. ft We.Jkall gratify t hi reader t curtnjity by J^ubjoining a fevi inme ivjlances from Madnx, p. 3 j j. t luh OiU-1 was ti) ^i e the Ring iwo tobes of good gicen co lour, to have tlie king s letters patent to the merchants of tlanriers, with a rc- queft to lender him 1000 maiks, wh.ch lie loft in Flanders. i he abbot cf Hyde paid thirty marks, to have the klr.g s letters of requeft to the archifliop of Canterbury, to remote certain monks tl-.at \ve:e againft the abbot, liogerde 1 rihanton paid twenty marks and a palfrey, to ha e the king s requeft of Ri- char.l de Umfieville to give liim his fiflei 10 wife, and to the lifter that fhe would accept him fora hulband : \Vi!ham de Cheveringworth paid five marks, to have the king s letter to the abbot of teiioie, to let him enjoy peaceably- his tythes as formerly ; Matthew de Hereford, clerk, paid teojnarks fora leiter of 448 HISTORY OF ENGLAND. Appendix, to remark, that the fame ridiculous practices and dangerous iJ- abufes prevailed in Normandy, and probably in all the < / other dates of Europe*. England was not, in this refpect, more barbarous than its neighbours. THESE iniquitous practices of the Norman kings were fo well known, that on the death of Hugh Bigod, in the reign of Henry II. the bell and moft juft of thele princes, the eldeft fon and the widow of this nobleman came to court, and drove, by offering large preients to the king, each of them to acquire poffeffion of that rich inheritance. The king was fo equitable as to order the caufe to be tried by the great council ! But in the mean time he feized all the money and treafure of the deceafedf. Peter of Blois, a judicious and even an elegant writer for that age, gives a pathetic defcription of the venality of judice, and ihe oppreffions of the poor under the reign of Henry : And he fcruples not to complain to the king himfelf of thefe abufes J. We may judge what the cafe would be under the government of worfe princes. The articles of enqui ry concerning the conducl of fheriffs, which Henry pro mulgated in 1170, (how the great power, as well as the Jicentioufnefs of thefe officers)!. AMERCIAMENTS or fines for crimes and trefpaffes were another confiderable branch of the royal revenue||. Mod crimes were atoned for by money ; the fines impofed were not limited by any rule or datute ; and frequently occa- fioned the total ruin of the perfon, even for the flighted trefpaffes. The foreO-laws, particularly, were a great fource of opprefiion. The king poffeffed fixty-eight fo- reds, thirteen chares, and feven hundred and eighty-one parks, indifferent paits of Englandtf ; and, confidering the extreme paffion of the Englilh and Normans for hunt ing, ihefe were fo many fnares laid for the people, by which they were allured into trefpaffes, and brought with- requeft to theblfliop of Landaff, to let him enjoy peaceably his chuich of Schenfrith ; Andrew Neuhin ga e three Flemifll caps for the king s requeft to the prior of Chikefand, for performance of an agreement made between them; Henry de Kontibusgave a Lombardy horfe of value to we the king s requefl to Henry Fita-Harvey, that he would give him his daughter to wife : Roger, fon of Nicholas, promlfed all the lampreys ke cculd get, to hat e the king s requeft toeail William Marfhal, that he would :ant h.m the manor of Langeford at Firm. The burgeffesof Glocefler prom fedjoo Umpieys, that they nvght net be diftrainedto find theprifoneisof Ptriftou withneceriaries, un.rfs they pleafed. Id. p. 552. Jordan, fon of Reginald, paid twenty marks to ha-.e the king s requeft to William Paniel, that he would grant him the land of Mill Jsiereimit, and the cuftody of his heiis ; and if Jordan obtained the fame, he was to pay the twentv maiks, otherwife not. Id. p. 333. * Madox s Hift. of the Exch. p. jy,. t Bened Abb. p. 180, l8l. J Petri Blef. Epift. 95. apud Bibl. latrum, torn. 24. p. 214. i Hoveden, Chron. Gcrv. p. 1410. * Madox, chap, xiv, f{ ,-ipelm. GloJi, in veibo Forejla. A P P E N D 1 X II. 449 in the reach of arhitrary and rigorous laws, which the king hud thought proper to enaCt by his own a lthoiity. BUT the moft barefaced acls of tyranny ai d op) I- fion were pnclifed againft the Jews, who were entin y out of the protection of law, were e\t!err.elv od>ous from the bigotry of the people, and were abandoned to the im- nrea fur able rapacity of the king and his minifk-rs. Pe- fides many other indignities to which they were continual ly expofed, it appears that they were once all thrown into priibn, and the (urn of 66,oco marks exacted for tln-ir li berty* : At another time Haac the Jew paid alone 5100 marksf ; Brim, 3000 marks:}: ; Jurnet 2020 ; Beniiet, 500 : At another, Licorica, widow of David the Jew of Oxford, was requited to pay 6000 marks ; and (he was delivered over to fix of the richeft and difcreetcft lev s in England, who were to anfwer for the fun:||. Henry HI. borrowed 5000 marks from the earl of Cornwal ; and for his repayment configned over to him all the Jews in Eng land**. The revenue anting from exactions upon this nation was Ib confiderable, that there was a particular court of exchequer fet apart for managing itff. We may jud^e concerning the low (late of commerce Commerce, among the Englifh, when the Jews, notwithftan-iing thefe oppreffions, could (till find their account in tradingamong them, and lending them money. And as the improve ments of agriculture were aifo much checked by (he itn- menfe poffVffions of the nobility, by the diforders of the times, and by the precarious (late of feudal property, it appears that induftry of no kind could then have place in the kingdom^. IT is aflerted by Sir Harry Spelrnan|||! T as an undoubted truth, that during the reigns of the firft Norman princes, every edi6lof the king, iffued with the confent of his prr- vy-council, had the fu!! force of law. But the barons, furely, were not fo paffive as to entiufl a power, entirely arbitrary and defpotic, into the hands of the (overeign. It only appears, that the conftitution had not fixed any precife boundaries to the royal power ; that the right of VOL. I. 3 M 4 ,V of the Exch. p. 331. I his liarv^mM in the rcitti of king ]( .,, f Jf ^ P- 5 ? 5J- * l\. p. ft id. ch. - :. *t ^ Vr Jl " " U1 <hc extiafls p r.eti us of L oiu.-f: av by Brady, in IKS 1 reatifc of Rorovigiis. that ahnoft all irooghSof I .ngland had fufTeied in the ft.cK k of ; and had extremely <!< aved between the death cf the Coufeiior, and the time when Doiii"l<!ay wa^ framed. || j| GiofT. in verb. JudidumDfi. The author of ihr ftfti-ror d,s JuJUcct romiildin i, tliat ordinances are only made bv the kinp and his clerks, and by aliens and others, who dare not < onna.li^ the kiiw, but (ludv to pleafe him. Whence, he concludes, laws ie oftencr dictated by will, than founded on win. 45 b HISTORY OF ENGLAND. Appendix, ifTuing proclamations on any emergence, and of exacting Ji- obedience to them, a right which was always fuppofed in- 11 * herent in the crown, is very difficult to be diitinguifhed from a legiildtive authority ; that the extreme iirperfedior of the ancient laws, and the hidden exigencies which of ten occurred in inch turbulent governments, obliged the prince lo exert frequently the latent powers of his prero gative ; thdt he naturally proceeded, from tTie acquiescence of the people, to aiTume, in many particulars of rnomen , an authority from which lie had excluded himlelf by ex- preis llatutes, charters, or conceflions, and which was, in the main, repugnant to the general genius of the conflitu- tion ; and that the lives, the peribnal liberty, and the properties of all his fubjecls, were lefs fecured by law agai .lt the exertion of his arbitrary authority, than by the independent power and private connections of each indi vidual. It appears from the Great Charter itfelf, that not only John, a tyrannical prince, and Richard, a violent one, but their father Henry, under whole reign the prevalence of giois abufes is the leaft to be fufpe&ed, were accuflcm- ed, from their fole authority, without procefs of law, to in.priion, baniih, and attaint the freemen of their king dom. A GREAT baron, in ancient times, confidered himfelf as a kind of fovereign within his territory ; and was at- t-nded bv courtier s and dependants more zealoufly attach ed 10 him than the minifters of ftate and the great officers were commonly to thtir fovereign. He often maintained in his couit tije paiade of royalty, by eftabliihing a juflici- arv, conftabie, marcfchal, chamberlain, feneichal, and Luancellor, and a(T)gning to each of thefe officers a fepa- raie province and command. He was ufually very alTidu- ous in exeicihng his juriidiclion ; and took fuch delight in that image of fovereignty, that it was found r.eceHary to reihain his activity, and prohibit him by law from hold ing courts too frequently*. It is not to be doubted, but the example fet him by the prince, of a mercenary and fordid extortion, would be faithfully copied ; and that all his good and bad offices, hjs juftice and injuflice, were equal ly put tolale. lie had the power, wit!) the king s con- lent, to exact talliages even from the free citizens who lived within his barony ; and as his necciTities made him rapacious, his authority was ufually found to be n.ore op- pi;Iive and tyrannical than that of the fovereign j . He WdS ever engaged in hereditary or perfonal animofities or confederacies with his neighbours, and often gave protec- * Ldgd. Jurid. Oiig. p. 26. t MaJox Hid. of Exch. p. 520. A P P E N D I X II. 451 tion to all defperate adventurers and criminals who could Ap; r^lix. be ufefjl in 1 erving his violent purpofes. He was able *! alone, in times of tranquillity, to obflruct the execution of * v juftice within his territories ; and hv combining with a few malcontent barons of high rank and power, he could throw the ftate into convulfions. And, on the whole, though the royal authority was confined within hounds, and often within very narrow ones, yet the check was irregular, and frequently the fource of great dilbrders ; nor was it deriv ed from the liberty of the people, but from the military power of many petty tyrants, who were equally danger ous to the prince, and oppreffive to the fubjecl. THE power of the church was another rampart againft T]|p royal authority ; but this defence was allo the caule of church. many mifchiefs and inconveniences. The dignified cler gy, perhaps, were not lo prone to immediate violence as the barons ; but as they pretended to a total independence on the flate, and could always cover themfelves with the appearances of religion, they proved, in one refpeft, an obftruction to the fettlement of the kingdom, and to the regular execution of the laws. The poiicv of the con queror was in this particular liable to fome exception. Ke augmented the fuperftitious veneration for Rome, to which that age was fo much inclined ; and he broke thofe bands of connei^ion, which, in the Saxon times, had preferved an union between the lav and the clerical orders. He pro hibited the bifhops from fitting in the county courts; rm allowed ecclefiaftical caufes to be tried in fpiiitua! courts only* ; and he fo much exalted the power of the clergy, that of 60,215 knights fees, into which he divided Kng- land, he placed no lels than 28,015 under the church f. THE right of primogeniture was introduced with the feudal law : An inftitution which is hurtful, by producing and maintaining an unequal divifipn ot private pioperty ; but is advantageous in another relrv-ct, by accufloniing the people to ~ preference in favour of the elrieft ion, and thereby preventing a part tion or dilputed JuccefTion in fhc monarchy. The Normans introduced the ufe of firnames, which tend to preierve the knowledge cf families and pc- di^reos. They aSoliihed none of the old a bfurd methods of trial by the crois or ordeal; and the" adder 1 a newab- furdity, the trial by iinglc combat , which became a re- * Char. Will. ;i u l. M . ;H!MS. n. 9^n. Spel. Cone. vr!. \ .]i. T^. lofT. in Bib. /i. :."/., Mnrtua. l \- .i.e. no; 10 im H IT. n r ri-np me. that the- on, b\:t o::lv tiidl thf/ . ir a^ials enjm-c-i luca .1 i;io,i : lo.i.-b.t- , aa of ;l i ertv". t i.i.. Will. ca.i. 68. 4 5 2 HISTORY OF ENGLAND. Ap;ie r.dix. gubr part of jurifprudence, and was conduced with II. all the order, method, devotion, and folemnity imagina- v bio*. The ideas of chivalry alfo feem to have been im ported by the Normans : No traces of thole fantaftic no tions are to be found among the plain and ruftic Sax ons. Manners. THE feudal infHtutions, bv raifing the military tenants to a kind of lovereign dignity, by rendering perfonal ftrength and valour rcquifite, and by making every knight and baion his own protestor and avenger, begat that mar tial pride and fenle of honour, which, being cuhivated a^id embeliilheii by the poets and romance-writers of the age, ended in chivalry. The virtuous knight fought nut only in his own quarrel, but in that of the innocent, of the helplefs, and, above all, of the fair, whom he fuppofed tc; ;e for ever under the guardianihip of his valiant arm. The uncourteous knight who, from his cafile, exercifed robberv on travellers, and committed violence on virgins, was the object of his perpetual indignation; and he put him to death, without fcruple, or trial, or appeal, wherever lie met wi;h him. The great independence of men made perfonal honour and fidelity the chief tie among them ; and rendered it the capital virtue of every true knight, or ge nuine profelTor of chivalry. The folemnities of {ingle conbat, as eftabilihed bv law, banilhed the notion of eve ry thing unfair or unequal in rencounters ; and maintained an appearance of courtefy between the combatants, till the moment of their engagement. 1 he credulity of the age grafted on this flock the notion of giants, enchanters, dragons, fpellsf, and a thoufand wonders, which ftill multiplied during the times of the Crufades; when men, returning from fo great a diftance, uied the liberty of im- pofing every fiction on their believing audience. Thefe ideas of chivalry infected the writings, converfation, and behaviour of men, during fome ages ; and even after they were, in a great meafure, banilhed by the revivr.l of learn ing, thev left modern gallantry and the point of honour, which flill maintain their influence, and are the genuine offspring of thole ancient affectations. THE coricefiibn of the Great Charter, or rather its full eftabliihment (for there was a confiderable interval of time between the one and the other), gave rile, by degrees, to a new ipecies of government, and introduced fome order * Spel. Gloff. in verb. Campus. The laft inflanceof thefe duds was in the i ; ,thof t-lix So! ; iibfurdity rema ; n. f In all iej;al (iu^l- combats, i; was part of the champion s cath, that he ra-- ried not about li .m any herb, f|>eil, cr inchantments, by which he might procuie vitlory. Dugd.Orie. p. ! ;. A P P E N D I X II. 453 and juflice into the administration. The enfuinsc fcenes Appendix. of our hiflory are therefore Somewhat different from the H. preceding. Yet the Great Charter contained no e(ta- v * bliibment of new courts, magiftrates, or Senates, nor abo lition of the old. It introduced no new distribution of the powers of the commonwealth, and no innovation in the political or public law of the kingdom. It only guard ed, and that merely by verbal claufes, againSt Such tyran nical practices as are incompatible with civilized govern ment, and, if they become very frequent, are incompati ble with all government. r l he barbarous licence of the kings, and perhaps of the nobles, was thenceforth Some what more retrained: Men acquired fome more lecurity for their properties and their liberties : And government approached a little nearer to that end for which it was origi nally instituted, the distribution of juftice, and the equal protection of the citizens. Adts of violence and iniquity in the crown, which before were only deemed injurious to individuals, and were hazardous chiefly in proportion to the number, power, and dignity of the perlbns affecled by them, were now regarded, in fome degree, as public injuries, and as infringements of a charter calculated for general lecurity. And thus the eftablifhment of the Great Charter, without feeming anywife to innovate in the dif- tributionof political power, became a kind of epoch in the constitution. ( 454 ) CHAP. XII. HENRY III. Settlement of the government General pacification Death of the ProteElor- Some commotions Hubert de Burgh displaced The bifliop of Winchester minif- t er King s partiality to foreigners Grievances Eccle/iaflical grievances Earl of Cornwal cletted king of the Romans Difcontent of the barons Simon de Moitntfort earl of Leicejler. Provifions oj Oxford UJurpation of the barons Prince Ed ward Civil wars of the barons Reference to the. king of France Renezual of the civil wars Eattlf of Lewes Houfe of commons Battle of Evejham and death of Leicejler Settlement of the government Death and character of the king Mifcellan> - ous tranJaBions of this reign. O S T fciences, in proportion as they increafe and ,*-* T> 1 / H V-7 O JL IV_lV,iIV_V.Oy ft 1 1 i/ivi^vx**wi. . , , , XII WA Jm P rove > invent methods by which they facilitate ^ j their reafonings j and employing general theorems, are j?i6. enabled to comprehend, in a few propofitions, a great number of inferences and conclufions. Hiftory alfo, being a collection of fa^s which are multiplying without end, is obliged to adopt fuch arts of abridgment, to retain the more material events, and to drop all the minute circum- ftances, which are only interefting during the time, or to the perfons engaged in the tranfactions. This truth is no where more evident than with regard to the reign upon which we are going to enter. What mortal could have HENRY 111. 455 the patience to write or read a long detail of fuch frivo- CHAP. lous events as thole with which it is hiled, or attend XH. to a tedious narrative which would follow, through a ieries * ^ of fifty fix years, the caprices and weakneffes of fo mean ici6 * a prince as Henry ? The chief reafon why proteflant writers have been lo anxious to fpread out the incidents of this reign is, in order to expofe the rapacity, ambition, and artifices of the court of Rome; and to prove, that the great dignitaries of the catholic church, while they pre tended to have nothing in view but the falvation of foul?, had bent all their attention to the acquisition of n ches, and were refl rained by no fenfe of jufiice or of honour in the puihu t of that great objett*. But this conclusion would icadily be allowed (hem, though it were not illuf- tiated by fuch a detail of unintcrcfting incidents ; and follows, indeed, by an evident necefflty, from the very fituation in which that church was placed with regard to the reft of Europe. For, bcfides that ecclefiaflical power, as it can always cover its operations under a cloak of fanc- tity, and attacks men on the fide where they dare not em ploy their reafon, lies lefs under control than civil govern ment ; befides this general cauie, I fay, the pope and hi> courtiers were foreigners to moft of the churches which they governed ; they could net poffibly have any other object than to pillage the provinces for prefent gain ; and as they lived at a dilbnce, they would be little awed by (hams or rcmorfe, in employing every lucrative expedi ent which was fuggefted to them. England being one of the moft remote provinces attached to the Re mifh hierar chy, as well as the rroft prone to fupeifliticn, felt fevere- ly, during this reign, while its patience was not yet fully exhaufied, the influence of thefe caufes ; and we fhall of ten have occafion to touch curforily upon fuch incidents. But we (hall riot attempt to comprehend every tranfaclion tranfmitted to us ; and till the end of the reign, when the events become more memorable, we fhall not always ob- ferve an exart chronological order in our narration. THE carl of Pembroke, who at the time of John s settlement death, was marefchal of England, was by his office at the of the go- head of the armies, and, confequently, during a (late of veriirac " t - civil wars and convulfions, at the head of the government; and it happened fortunately for the young monarch and for the nation, that the power could not have been intruded into more able and more faithful hands. This nobleman, who had maintained his loyalty unfkaken to John during the lowed fortune of that monarch, determined to fuppoit M. Paris, p. 623, 456 HISTORY OF ENGLAND. C H A P. the authority of the infant prince ; nor was he difmayed at Xll. the number and violence of his enemies. Senfible that Hemy, agreeably to the prejudices of the times, would not be deemed a fovereign till clowned and anointed by a churchman, he immediately carried the young prince to Glocelter, where the ceremony of coronation was per formed, in the prefenceof Gualo the legate, and of a few noblemen, by the bilhops of Winchefter and Bath *. As the concurrence of the papal authority was requifite to fup- port the tottering throne, Henry was obliged to fvvear fealty to the pope, and renew that homage to which his father had already fubjecled the kingdom f: And in order to enlarge the authority of Pembroke, and to give him a more regular and legal title to it, a general council of the nth Nov. barons was foon after fummoned at Briftol, where that no bleman was chofen protector of the realm. PEMBROKE, that he might reconcile all men to the go vernment of his pupil, made him gram a new charter of liberties, which, though moftly copied from the former concefBons extorted from John, contains f ome alterations, which may be deemed remarkable t- The full privilege of elections in the clergy, granted by the late king, was not confirmed, nor the liberty of going out of the kingdom without the royal confent : Whence we may conclude, that Pembroke and the barons, jealous of. the ecclefiaftical power, both were defirous of renewing the king s claim to iflue a conge d elire to the monks and chapters, and thought it requifite to put fome check to the frequent| appeals to Rome. But what may chief ly furprile us is, that the obligation to which John had fibjefted himfelf, of obtaining the confent of the great council before he levied any aids or fcutages upon the na tion, was omitted ; and this article was even declaied hard and fevere, and was exprefsly left to future deliberation. But we muft confider, that, though this limitation may perhaps appear to us the moft momentous in the whole charter of John, it was not zegarded in that light by the ancient barons, who were more jealous in guarding againft particular attsof violence in the crown, than againft fuch general impofitionr, which, unlefs they were evidently rea- ibnable and necetfary, could fcarcely, without general confent, be jdfed upon men who had arms in their hands, and who cojR epel any aft of oppreffion, by which they were all immediately affected. We accordingly find that Henry, in the courfe of his reign, while he gave fre quent occafions for rvmplaint, with regard to his violati- * M. Paris, p. 200. Hift. Croyl. Cent. p. 474 w - Kerning, p. 562- Trivet, p. 168. t M Paris, p. 200. Rymer, vol. i. p- 215. HENRY 111. 457 ons of the Great Charter, never attempted, by his rhere C H A P. will, to levy any aids or fcutages ; though he was often XII. reduced to great neceflities, and was refufed lupply bv his v / * people. So much eafier was it for him to tranlgrels the I2 6 law, when individuals alone were afFccled, th^n even to exert his acknowledged prerogatives, where the intereft of the whole body was concerned. THIS charter was again confirmed by the king in the enfuing year, with the addition of ibrne articles to prevent the oppreflions of (herirFs : And alio with an additional charier of forefts, a circumflance of great moment in thofe ages, when hunting was lo much the occupation of the uobi-rity, and when the king comprehended lo confidera- bleapartof the kingdom within his tort-fts, which lie go verned by peculiar and arbitrary laws. All the forefls, which had been encloied fince the reign of Henry II. were dilaforefted ; and new perambulations were appointed for that purpofe: Offences in the forr.^s were declared to be no longer capital ; but punilbable by fine, imprifonment and more gentle penalties: And al the proprietors oi land recovered the power of cutting and ufmg their own wood at their pleafure. THUS, thefe famous charters were brought nearly to the Jliape in which they have ever fince flood ; and they were, during many generations, the peculiar favourites of the Englilh nation, and efleemed the mod lacred rampart to national liberty and independence. As they fecured the rights of all orders of men, they were anxioufly defended by all, and became the bafis, in a manner, of the Englifh monarchy, and a kind of original contract, which both limited the authority of the king, and enlured the condi tional allegiance of his fubjects. Though often violated, they were dill claimed by the nobility and people ; and as no precedents were f ppoied valid that infringed them, they jather acquired than loft authority, from the frequent attempts m.tde againft them in leveral ages, by regal and arbitrary power. WHILE Pembroke, by renewing and confirming the Great Charter, gave fo much fatibfaclion and fecurity to the nation in gerreral, he alfo applied himfelf fuccefsfully to individuals : He wrote letters, in the king s nynie, to all the malcontent barons ; in which he reprelented to them, that, whatever jealoufy and antinomy they might have entertained againfl the late king, a young prince, the lineal heir of their ancient monarchs, had now lucceeded to thi." throne, without fucceeding either to the reientments or principles of his predeceffor : That the defperate expc- VOL. 1. 3 N 458 HISTORY OF Eft.i*!.** .>. x;. CHAP, client, which they had employed, of calling in a foreign XII. potentate., had, happily tor them, as well as for the nation, v - tailed of entire lucceis ; and it was fli l in their power, by I2t6> a fpeedy return to their duty, to reftore the independence of the kingdom, and to 1 ecu re that liberty, forwhichthey fo zealoui.y contended : 1 hat as all part offences of the barons were now buried in oblivion, they ought, on their part, to forget their complaints againtt their late iovertign, who, if he had been anywile blameable in his conducl, had left to his fon he falutary warning, to avoid the paths which had led to fuch fatal extremities: And that having now obtained a charter for their liberties, it was their in- tereft to (hew, by their conduct, that this acquifition was not incompatible with their allegiance, and that the rights of king and people, fo far from being hcflile and oppo- fite, might mutually fupport and fufl:sin ea> h other*. THESE confiderations, enforced by the character of ho nour and conftancy, which Pembroke had ever mail tained had a mighty influence on the barons ; and moft of them began fecretly to negociate with him, and many of them openly returned to their duty. The diffidence which Le wis difcovered of their fidelity, forwarded this general pro- penfion towards the king; and when the French pi ince refufed the government of the cafileof Hertford to Robert Fitz-Walter, who had been fo active againft the late king, and who claimed that fortrefs as his property, they plainly faw that the Englifh were excluded from every trull, and that foreigners had engroffcd all the confidence and affec tion of their new fovereign f. The excommunication, too, denounced by the legate againft all the adherents of Lewis, failed not, in the turn which men s difpofitions had taken, to produce a mighty effect upon them; and they were eafily perfuaded to confider a caufe as impious, for which they had already entertained an unfuimouiitable averfion^. Though Lewis made a journey to France, and brought over fuccours from that kingdom IK he found, on his return, that his party was (till more weakened by the delertion of his Englifh confederates, and that the death of John had, contrary to his expectations, given an incurable wound to his caufe. The earls of Salisbury, Arundel, and Warrenne, together with William Mare- fnal, eldeft fon of the proteclor, had embraced Henry s party; and every Engiifh nobleman was plainly watching for an opportunity of returning to his allegiance. Pem broke was fo much flrengthened by thele acceffions, that * Rymer, vol. i. p. 215. Brady s A pp. No, T4> t M- P ar i s - p.. son. 102. + Ibid. p. 20 i. M. Weft. p. 277. Chion. Uunil. vol. i. p. 79. M. \Veft. p. 777. HENRY III. 45y he ventured to invert Mount-forel; though upon the ap- CHAP. preach of the count of Perche with the French army, he XII. defifted from his enterprik-, and railed the ficge *. The v - - count, elated with this fuccefs, marched to Lincoln ; and 12l6> being admitted into the town, he began to attack the caftle, which he foon reduced to extremity. The pro tector fummoned all his forces from every quarter, in order to relieve a place of luch importance ; and he appealed ib much luperior to the French, that they fhut themfelves up within the citv, and reJolved to act upon the defenfivef. But the garrilon of the caftle, having received a flrong reinforcement, m.ide a vigorous (ally upon the befiegers ; while the Englilh army, hy concert, altaulted them in-.tKe fame inflant from without, mounted the w.ills by icaiade, and bearing down all refinance, entered the city f .vord in hand. Lincoln was delivered over to be pillaged; the French army was totally rouied: the count of Perche, with only two perlons move, was killed ; but many of the chief commanders, and about 400 knights, were made pri- foners by the EngliihJ. So little blood was Ibed in this important action, which decided the fate of one of the moft powerful kingdoms in Lurope ; and fuch wretched loldiers were thoie ancient barons, who yet were unacquainted with everything but rms! PRIN ,F. Lewis was informed of this fatal event while employed in the fiege of Dover, which was fiill valiantly defended againft him by Hubert de Burgh. He imme diately retreated to London, the centre and life of his party ; and he there received intelligence of a new difalter, which put an end to all his hopes A French tleet, bringing over a ilrong reinforcement, lv,d appeared on the C0o.it of Kent, where they were attacked by the Englifh under the command of Philip d Albiney, and were routed with con- fiderable lofs. D Aibiney emploved a fiiatagem againft thein, which is (aid to have contributed to the victory : Having gained the wind of the French, he came down up on them with violence; and throwing in their faces a great quantity of quick lime, which he purpoieiy carried on board, he lo blinded them, that they were difabied from defending themfelves ||. AFTER this fecond misfortune of the French, the Engr- lifh barons haitened every where to make peace with the protector, and, by an early lubmilTion, to prevent thofe attainders to which they were expofed on account of their M. P.iris, p. 203. f ( liron. run ,, vol. i. p Bl. M. Paris p. 204, 205. Chron. deMniir.ji i. i Mia, |j. -.i . j. j * nruii. i- J M. Paris, p. 20^, 205. Chron. de Maiir. .nis. p. 206. Ann. XVa -cil. p. iSj. 3. ih^. M. \Veft. p. 277. Knyyhtim, p. 2.jo \V. H< m mg. p. jf . 460 HISTORY OF E I\ G L A N D, C H A P. rebellion. Lewis, whofe caufe was now totally defperafe, XII. began to be anxious for the fafety of his perfon, and was v v glad, on anv honourable conditions, to make his eicape .1216. from a country where he found everv thing was now he- come hoflile to him. He concluded a peace wiih Pem broke, promifed to evacuate the kingdom, and oniy ftipu- ]ated,in return, an indemnity tc his adherents, and a ref- titution of their honours arid foi tunes, together with the free and equal enjoyment of thcfo liberties which had been granted to the reft of the nation*. Thus was hap- Genrra! pa- pily ended a civil war, which feemed to be founded on the dotation. mo ft incurable hatred and jealoufy, and had threatened the kingdom with the moft fatal conlequences. THE precautions which the king of France ufed in the conduit of this whole affair are remarkable. He pretended that his ("on had accepted of the otier from the Eriglifh barons without his auvice, and contrary to his inclination : The armies fent to England were levied in Lewis s nvirre: When that prince came over to France for aid, his father publicly refufed to grant him any affifiance, and would not fo much as admit him to his prefence : Lven after Henry s party acquired the afcendant, and Lewis was in danger of falling into the hands of his enemies, it was Blanche of Caftile his wife, not the king his father, who railed armies and equipped fleets for his fuccourt. All thefe artifices were employed, not to fatisfy the pope; for he had too much penetration to be fo eatily impoled on : Nor yet to deceive the people ; for they were too grcls even for that purpofe : They only ferved for a colouring to i hiiip s caufe; and in public affairs, men are often better pleafedl that the truth, though known to every body, thould be wrapped up under a decent cover, than if it were exposed in open daylight to the eyes of all the world. AFTER the expulfion of the French, the prudence and equity of the protector s fubfequent conduct contributed to cure entirely thole wounds which had been made by in- teftine difcord. He received the rebellious barons into favour ; obferved ftrictiy the terms of peace which he had granted them ; reftored them to their poireMions ; and en deavoured, bv an equal behaviour, to bury ail paft ariimo- fitiesin perpetual oblivion. The clergy alone, who had adhered to Lewis, were fufTerers in ibis revolution. As they had rebelled againfl their I piritual fovereign, by dif- regarding the interdict and excommunication, it was dot in Pembroke s power to make any ftipulations in their fa- * Rymer, vcl. i. p. 221. >M. Ta-. if. p. ii-j. Chron. Dur.ft. vol. i. p. 83. M. Weft. p. 2; 8. Knyghtoii, p. 2429. f M. Paris, {.. 256. L)n6n. Dunft. vol. i. p. 82. HENRY Ilf. 461 vour ; and Gualo the legate prepared to take vengeance on them for their dilbbeaience*. Many of them were depo- fed; many fulpendcd ; fbme banifhed , and all who efcap- ed punimment made atonement for their offence by paying large fums to the legate, whoamaffedan immenle trealiae by this expedient. THE earl of Pembroke did not long furvive the pacifi- Death of the cation, which had been chi- fly owing to his wildom and piotettor. valour t; and he was fuccoeded in the government by Pe ter des Roches, bimop of Winchefier, and Hubert de Burgh, the jufticiary. The councils of the latter were chiefly followed; and had he poHefled equal authority in the kindom with Pembroke, he feemed to be every way worthy ot tilling the piace of that virtuous nobleman. ButSomecom- ths licentious and powerful barons, who had once bioken I1J the reins of fubjeclion to their prince, and had obtained by violence an enlargement of their liberties a:-d indepen dence, could ill be retrained by laws u idcr a minority ; and the people, no leis than the king, fuffrred from their outrages and diibiders. Thev retained by force the royal caftles, which they had iVized during the part convulfions, or which \\.\d been committed to their cuflody by the pro- tec\or$. Thev ufurped the king s demcfnesll : They op- preffed their vaflals : They infelted their weaker neigh bours : They invited ail dilorderly people to ei;ter in their retinue, and to live upon ti^eir lands: .And they ga "c them protection in all their robberies and extorti ons. No one was more infamous for thefe violent and illegal practices than the earl of Alhemarle; who, though he had early returned to his duty, and had been ferviccable in ex pelling the French, augmented to the utmoft the general diforder, and committed outrages in all the counties of the North. In order to reduce him to obedience, Hubert leized an opportunity of getting pofieffion of Rcckingham caftle, which Albemarle had garrifoned with his licenti ous retinue: But this nobleman, infiead of fubrnitting, entered into a fecret confederacy with Faukes de Breaute, Peter de Mauleon, and other barons, and both fortified the caftle of Biham for his defence, and made himfelf maf- ter by furprife of that of 1 otheringav. Pandulf, who was reftored to his legatefliip, was active in fuppreffing this rebellion ; and, with the concurrence of eleven bifhcps, he pronounced the lenience of excommunication agninfl * Frady s Anp. No. 144. Chton. Dunft. vol. i. p. Sj. t M. Paris, p. 210. * Trivet, p. i;.}. j Ryraer, vol. i. p. 276. 4^2 HISTORY OF E N G L A N D. CHAP. Albemarle and his adherents* : An army was levied : A XII. fcutageof ten (hill ings a knight s fee wj& imputed on ail ^ he m iitary tenants : Alberaarle s aiTociates gradually de- 1?l6 - fened him : And he himfeif was obliged at fall to iue for mercy. He received a paidon, and was reltored to iiis whole eftate. THIS impolitic lenity, too frequent in thofc times, was probably the rcluit cf q fecret combination among the ba rons, who never could endure to fee the total ruin of one of their own order: But it encouraged Fawkes de Breaute, a nrin whom king John hid railed from a low origin, to per/everc in thscourfeof violence to which he had ov. ed his fortune, and to let at naught all law and juitice. When thirty-five verdicts were at one time found againit him, on account of his violent expulfion of to man- 7 freeholders from their pofleffions; he came to the courlof ju nice with an aimed force, feized the judge who h,:d pronounced the verdicts, and imprifoned him in Bedford raftie. lie then levied open war againil the king ; hut being fub- duedand taken prifoner, hi.; life was granted him; but his eftate was <~onnfcatcd, and h; was banilht d the king dom f. 1232. JUSTICE was executed v. ith greater feverity ngainft diforders lefs premeditated which broke out in London. A frivolous emulation in a match of wteftling. between the Londoners on the one hand, and the inhabitants of Weft- mirifler and thofe of the neighbouring villages on the other, occafione J this commotion. The former ro(c in a body, and pulled down tome houfes belonging to (he abbot of Weftminfter I But this riot which, considering the tu multuous dilpolition familiar to that capital, would have bee.i little regarded, leemc-J to become more lerious by the fymptoms which then appeared, of the former attach ment ot the citizens to the French intertO. 1 he populace, in the tumult, made ule of the crv of war commonly em ployed by the iren-.li ttoops ; Moun jcy, moiintjcy, God hf Ip us and our lord Lervis. The jniticiary made v?nquiry into the diibrder ; and finding one Conllantine Fitz-Ar- rrulf to have been the j ingleacu r, an inColent man, who julliiied his crime in Hubert s prefence, he proceer ed againrt him by martial law, and ordesed him immediately to be handed, without tn a! or form of prccels. He allo cut oft the feet of fome of Conftantine s accomplices j. * Chron. Drnft. -ol. i. p. 1^2. f Rymer, vol. i. p. 108. M. Fails, v>- 221. 724. Ann. \Vaverl. p. i. R c. Chron. Dunn. vol. i. p. i}i. 146. M. \Veft. p. sSj. M. Paris, p. 217, ai8. ^59. Ana. Waverl. p. 187. Cliron. Dunft. vol. i. p. 129. HENRY III. 463 THIS aft of po . . -T was complained of as an infringe- f[ ^ \\ :nent of the Great ."" . .rrer : Yet the iu!t ; c;ary, in a par- XII. Jrarnent furnrtioRed ni (fort;, rest councils about -. this tiiiie bewail u> receive that appellation), made i-.o m-- lerupk t > ;.M-a;:t in f!-c ki s ffiVne a renewal and confir- uutio ; of that charter. When ;hc aflerobly n. .nh 1 ;>;>nii- cation to the crow for this favour, c-.s a law in th-Me times fee ivd to !o!c \i--~ validity if not frcq :^:it!v re::c-\vod, VV illiarji dc Ij i- vvfre, one of the council of rt-^en^v, WMS f o hold as to i<-,y openly, that tho e ii^crti*. :. were fxrorfed hy force, and otig it not to be oljferVed ; But he was re primanded by the archl ilhop of Canterbury*, and w-is not coi .r .i -n.incc i by ihc king 01 his dmfr miniilers*. A now confir-.naiion was deiKanded and si;rante 1 two years alter ; and an aid, amounting to a fifteenth of all movrables, was ^ivcn bv the piirliarnttrt, tri i-rtian for this indulgence. Tlie king Jflued writs anew 10 tljc ibeviifs, en joining the observance of the charter ; but he i; ;Vr c;[ a remarkable claufe in the writi, that thole xvho p-.jycd not the fifteenth .d not in future be entitled to the benefit of thole li- l)i.} tics 1*. . lew fl.-sfe into wliich the cro\vn u-as fallen mad:; it ifite for a good irinifter to be attentive to the pre/erva- tion of the roval prerogatives, as well as to the fecmitv of public liberty. Hubert applied io the nope, who bad always great authority in the kingdom, ai-d was now corifulsred as its iupcrior lord ; and clefired him to iOue a bull, d.vi.isng the king to be of full age, and entitled to exercife i.; perlon all the acls of roy?.!tv ,t- ^n confequence of this declaration, the judiciary refigned itito Henry s han-.is the two ijiipoitant fortrefl^es of the 1 ovver -Mid Do ver caftle, which Dad been entrulled into his cuftociv ; and he required ftieorfici barons to irnit-ite his example. They rcfufed c : Tiie earls of (.. helter and Albe- marle, John Confl.ible of Chi l ter, John de Lacy, Brian ci" i liif, .nd \Vil!iam de Cantel, with foriie others, even formed a confpiracy to lurprife London, and met in arms at Walfharn with that intention : but ttiiding the king prepared for defence, they deliiled from th;:ir enrerprife. When futrmoned to court, in order to anl wcr for their conduct, they fcrupled- not to appear, and to confefs the deiign : But they fold the king, that they had no bud in tentions agcinll lits perfon, but only apainO Hubert de Burgh, whom they were determined to remove from hi ; -jlhcL-IJ. They apnenred too formidable to be cruflifed ; V. x Vtf>. p. c?.?. f Cbi:le o ti. 3. rn. o .. * .V. i-d .is, D, > .w. _ I.IIH.MI. Dui ii f3 i- 464 HISTORY OF ENGLAND. CHAP, and they were fo little difcouraged by the failure of their X I. firft enterprifr, that they again met in arms at Leicefter, v -* in order to feize the king, who then refided at Northamp- 222 * ton : But Henry, informed of their purpole, took care to he fo well armed and attended, that the barons fo ind it dangerous to make the attempt; and they fat down and kept Chriftmas in his neighbourhood*. The arch- bifbop and the prelates, finding every thing tend to wards a civil war, interpofed with tiieir authority, and threatened the barons with the lenience of excommunica tion, if they perfiffed in detaining the king s cafUcs. This menace at laft prevailed : Moll of the fortreffes were Surrendered; tho gh the barons complained, that Hubert s caftles \vere foon after reftored to him, while the king Hill kept theirs in his own cullody. There are faid to have been 1115 caftles at that time in England f. 1 r muft be acknowledged, that the influence of the prelates and the clergy was often of great fervice to the pubiic. Though the religion of that age can merit no better name than that of fuperftition, it ferved to unite to gether a body of men who had great (way ever the people, and who kept the community from tailing to pieces, by the factions and independent power of he nobles. And what was of great importance, it threw a mighty authority into the hands of men who, by their profeffion, were averfe to arms and violence ; who tempered by their mediation the general diipofition towards the militarv enterpriies ; and who ftill maintained, even amidft the (hock of arms, thofe fecret links, without which it is impofliblc for human fociety to fubfift. NOTWITHSTANDING thefe inteftine commotions in England, and the precarious authority of the crown, Henry was obliged to carry on war in France ; and he employed to th.it purpofe the fifteenth which had been granted him by parliament. Lewis VIII. who had fuc- ceeded to his father Philip, Jnftead of complying with Henry s claim, who demanded the rc-ftitution of -Norman - fly, and the other provinces wrefted from England, made an irruption into I oiclou, took Rocheile $, after a Jong fiege, and feemed determined to expel the Englifh from the few provinces which ftill remained tu them. Henry lent over his uncle, the eirlof Sililbury, together with his brother prince Richard, to whom he had granted the earldom of Cornwal, which had elcheated to the crown. * M. Par.F, p. c?i. Chron. Dunfl. Vol. i. p TjS. f Coke s Com ment, on Magna Charia, chap. 17. :J. Kymer, v,;l. i. p. 269. Trivet, ]-. 179. HENRY III. 465 Salifbury flopped the progrefs of Lewis s arms, and re- C H A P. tained the Poi^evin and Gafcon vaffals in their allegiance : XII. But no military action of any moment was performed on v v <J either fide. The earl of Cornwal, after two years ftay 122 7- in Guienne, returned to England. THIS prince was no wife turbulent or faclious in his difpofuion : His ruling pafllon was to amafs monev, in which he fucceedcd fo well as to become the riclv:ft iub- ject in Chiiftendom : Yet his attention to gain threw him fometimcs into acts of violence, and gave difturbance to the government. There was a manor, which had former ly belonged to the earldom of Cornwal, but had been granted to Waleran de Ties, before Richard had been in- vefted with that dignity, and while the earldom remained in the crown. Richard claimed this manor, and expelled the proprietor by force : Waleran complained: The king ordered his brother to do ju ice to the uian, and nflo e him to his rights : The earl faid that he would not fubmit to thefe orders, till the caufe fhould be decided aeainft him by the judgment of his peeri : Henry reolied, that it was iirft necefbry to leinltate Waleran in pofliMTio 1 , befo e the caufe -could be tried; a id he reiterated his ciders lo the earl*. We may judge of the (late of the government, when Miis aHTair Iiad nearly produced n civil war. The earl of Cornwal, finding Henry peremptory in his com mands, allociated himfelf with the young CT of Pembroke, who had married his After, and who was difplealed on ac count of the king s requiring; him to deliver up Ibme roval caftles which were in hiscuflody. Thefe two ma contents took into the confederacy the carls of Chefter, Warrenne, Gloc--rter, Hereford, Warwic, and Ferrers, who were all dtfgufted on a like account f. They aflemKled an army, which the king had not the power or courage to refifl ; and he was obliged to give his brother faiisfaction, by grants of much oivater importance than the manor, which had been the full ground of the quarrel . THE character of the king, as he grew to man s eftate, became every day better known ; and he was found 5n every refpect unqualified for maintaining a proper fw ay among thofe turbulent barons, whom the feudal conftitu- tion fubje&ed to his authority. Gentle, humane, and merciful even to a fault, he feeins to have been fteady in no other circumlf.ance of his character ; but to have receiv ed every impreflion from thofe who (urrouncled him, and whom he loved, for the time, with the moil imprudent VOL. I. 3 O M. Paris, p. 7^3. f Ibid: J Ibid. 466 HISTORY OF ENGLAND. CHAP- and moft unreferved affedion. Without activity or vi- XII. g ur he was unfit to conduct war ; without policy or art, 4 , he was ill fitted to maintain peace : His refentments, 122 7 though hafty and violent, were not dreaded, while he xvas found to drop them with Inch facility ; his friendfhips were little valued, becaufe they were neither derived from choice, nor maintained with conftancy. A proper pageant of ftate in a regular monarchy, where his minifters could have conducted ail affairs in his name and by his authority ; but too feeble in thofe diforderly times to fway a fceptre, whole weight depended entirely on the firmnels and dex terity of the hand which held it. Hubert de THE ableft and moft: virtuous minifier that Henry ever Burgh poffefled, was Hubert de Burgh*; a man who had been fteady to the crown in the moft difficult and dangerous times, and who yet fhowed no difpofition, in the height of his power, to enflave or opprefs the people. The only exceptionable part of his conduct is that which is mention ed by Matthew Paris f ; if the faft be really true, and proceeded from Hubert s advice, namely, the recalling publicly and the annulling of the charter of forefts, a con- ceffion fo reafonable in itfelf, and ib paffionately claimed both by the nobility and people : But it muft be conteffed that this meafure is fo unlikely, both from the circum- ftances of the times and character of the minifter, that there is reafon to doubt of its reality, efpecially as it is men tioned by no other hiftorian Hubert, while he enjoyed his authority, had an entire afcendant over Henry, and was loaded with honours and favours beyond any other fubjecl. Befides acquiring the property of many caftles and manors, he married the eldeft fifter of the king of Scots, was created earl of Kent, and, by an unufual con- ceffion, was made chief judiciary of England for life: j,..,^ Yet Henry, in a fudden caprice, threw off this faithful minifler, and cxpofed him to the violent perfecutions of his enemies. Among other frivolous crimes objected to him, he was accufed of gaining the king s affections by enchantment, and of purloining from the roval treafury a gem, which had the virtue to render the wearer invulne rable, and of lending this valuable curiofity to the prince of Wales J. The nobility, who hated Hubert on account of his zeal in refuming the rights and pofleffions of the crown, no fooner faw the opportunity favourable, than they inflamed the king s animofity againft him, and pufhed him to feek the total ruin of his miniflcr. Hubert took * Ypod. Neuftiia, p. 264. f P. 232. M. Weft. p. 216. afcribes this coimfel to Peter birtiop of \Vinchefter. } M. F.uis, p. 259. HENRY III. 467 lUn&uary in a church : The king ordered him to be drag- CHAP, ged from thence : He recalled thofe orders : He after- XII. wards ret.ewed them : He was obliged by the clergy to v * reftore him to the fanctuary : He conftrained him foon af- l 2 l l> ter to furrender himfelf priibner, and he confined him in the cattle of the Devizes. Hubt-rt made his efcape, was expelled the kingdom, was again received into favour, re covered a great (hare of the king s confidence, but never fhowed any inclination to reinflate himfelf in power and authority*. THE man who fucceeded him in the government of the Rinmp of king and the kingdom, was Peter bifhop of Winchefter, winchefler a Poiftevin by birth, who had been railed by the late king, minifter and who was no lefs diliinguifhed by his arbitrary princi ples and violent conduct, than by his courage and abilities. This prelate had been left by king John judiciary and re gent of the kingdom during an expedition which that prince made into France; and his illegal adminiftration was one chief caufe of that great combination among the barons, which finally extorted from the crown the charter of liberties, and laid the foundations of the Englifh ccmfU- tution. Henry, though incapable, from his character, of purfuing the lame violent maxims which had governed his father, had imbibed the fame arbitrary principles; and in profecution of Peter s advice, he invited over a great num ber of Poiclevins, and other foreigners, who, he believed, could more fafely be trufted than the Englilh, and who feemed ufeful to counterbalance the great and independent power of the nobility f. Every office and command was beftowed on thefe ftrangers; they exhaufted the revenues of the crown, already too much impoverifhed J ; they in vaded the rights of the people ; and their infolence, Hill more provoking than their power, drew on them the ha tred and envy of all orders of men in the kingdom j|. THE barons formed a combination againft this oo ious 12 ,,. miniflry, and withdrew from parliament, on pretence of the danger to which they were exposed frxjm the machina tions of the PoiiStevins. When again fummoned to attend, they gave for anfwer, that the king fhould difmifs his fo reigners, otherv/ife they would drive both him and them out of the kingdom, and put the crown on another head more worthy to wear it** : Such was the (lyle they tift-J to their fovcreign ! They at laft came to parliament, but fowcll attended, that they iecmed in a condition to pre- * Ibid. p. 259, 260, ?6r. 266. Cliron. T. Wykcs, p. ^r, 42. Cliron. Dunll. vol. i. p. 220, 221. M. Weft. p. 291. 301. tM.Kni-, P- 263. + Chron. Dunft. vol. i. . i -, i. , M. PariSj p. 238. * * Ibid. p. 265. 468 HISTORY OF EN GLAND. C H A ?. Scribe laws to the king and miniflry. Peter des Roches, Xli. however, had in the interval found means of /"owing dif- i j fenlion among them, and of biinging over to his party J ? 3j- the earl of Cornwai, as well as the earls of Lincoln 2nd Cheiler. 1 he confederates were ditoonceited in their meamres : Richard, earl marilchal, who had fucceeded to that digmtv on the death of his brother William, was chafed into Wales ; he thence withdrew into Ireland, where he was treacherouily murdered hy the contrivance of the bifhop of Wincbener*. The eitates of the more obnoxious barons weie confifraJed, without legal ientence or trial by theii peers t, and were bcftov/ed with a profufe liberality on the PoiCtevins. Peter even canied his irifo- lence fo far as to declare publicly, that the barons of Eng land mull not pretend to put thernleives on the fame foot with thofe of France, or aUuu.e the lame liberties and privileges: The monarch in the foimer countiy had a more abfolute power than in the latter. It had been more juftifiable for him to have laid, that r,en, fo unwilling to fubmit to the authority of law s, could with the worle grace claim any Ibelteror protection from tlicm. WHEN the king at any time w.s checked in his illegal practices, and when the authority of the Great Charter was objected to him, he was wont to reply ; " Why fhou d .1 oblerve this charier, which is negledted by all my gran dees, both prelates and nobility ?" It wvs very icafona- bly faid to him : " You ought, fir, to fet them the ex ample J." bo violent a miniflry as that of the bifliop of Winchef- ter could not be of long duration ; but iis fall proceeded at Jail from tne influence of the church, not fiom the efio-rto of the nobles. Hdrooi.d, the primate, came to court, at- te .ded by many oi the other prelates, and lepiciented to the king the pernicious meaiuies embraced by Peter des Roches, the dilcontentsof his people, the ruin of his af fairs; and, after requiring the diirrriffion of the minifter and his ailbciat< s, threatened him with excommunication in cale of his refulal. iienry, who knew that an excommu nication, fo agreeable to the fen Ic of the people, couid not fail of producing the moll dangerous effecis, was obliged to fubmit: Foreigners were banithed : The natives were reftored to their p! ice in council)!: 1 he primate, who was a man of prudence, and who took care to execute the laws, and obferve the charter of liberties, bore the chief fway in the government. * Chron. Dunfh vol. i. p. 219. t M. Fan5, p. 265. J Ibid. p. 609. j| M. Faris, p. 271, 2/2. HENRY 111. 469 BUT the Engliftiin vain flattered themfelvcs that they C H A P. thould be long free from the dominion of foreigners. I he Xll. king, having married Lle^nor, daughter of the coui.t of --/-> Provence*, was lurtound-.-d by a great number of ftrangr rs from that country, whom he care if-- d with the fon-k-ft arrec- a i>. " tion, and enriched by an imprudent generofiiv f . The bifhopof Valence, a prr-bte of the hci-fe of Savoy, and 3 maternal uncle to the queen, was his thief rriniller, and employed every art to amafs wealth for himlelf and his relations. Peter of Savoy, a brother of the fame family, was inverted in the honour of Richmond, and received the rich wardihip of earl Warrenne: Boniface of Savoy was promoted to the fee of Canterbury : Many young ladies were invited over from Provence, and rrum ed to the chief noblemen in England, w ho were the king s wards| : And as the fource of Henry s bounty began to fail, his Savoyard miniitry applied to Home, and obtained a bull ; permit ting him to relume all part grants; abloh ing him from the oath which he had taken to maintain them ; even enjoining him to make fucli a refumption, and rcprefcnting thole grants as invalid, on account of the prejudice which eniued from them to the Roman poniirF, in \\horn the luperiority of the kingdom was vefted||. The oppofition made to the intended refumpt on prevented it from taking place ; but the nation law the indignities to which the icing was willing to fubmit, in order to gratify the avidity of his fo reign favourites. About the lame time, he publifhed in England the lentence of excommunication pronounced againft the emperor Frederic, hs brother-in-law**; and faid in excufe, that, being the pope s vaiTal, he was obliged by his allegiance to obey all the commands of his hoiir.efs. In this weak reign, when any neighbouring potentate* in- fulted the king s dominions, inltead of taking revenge for the. injury, he complained to the pope as his luperior lord, and begged him to give prote&ion to his vaflal f f. THE refentmcnt of the Englifh barons role high, at Grievances, the preference given to foreigners ; but no remonftrance or complaint could ever prevail on the king to abandon them, or even to moderate his attachment towards them. After the Proven9als and Savoyaids might IK-JVC been fup- pofed pretty well fatiated with the dignities and riches which they had acquired, a new let of hungry foreigners were invited over, and fhared among them thole favours, which the king ought in policy to have conferred on the * Ryroer. vol. i. p. 4.58. M. . -ris, p. 286. 1 M. P.ii s, p. 2^6. 301. 35- 3 6. . .-}> M. Wtft. p. 302. 304. J M. Pati\ p. ^4. M. \Veft. p. 338. || M. paiis, 295. 301. * Kynu-i, \ol. i. p. 383. |f Chron. Dunft. vol. i. p. 150. HISTORY OF ENGLAND. C H A P- Englifh nobility, by whom his government could have XII. been fupported and defended. His mother, Jfabella, who * had been unjuftly taken by the late king from the count I? 5- dc la Ma re he, to whom ihe was betrothed, was no iboner midrefsof herfeJf by the death of her hufband, than ihe 1:47. married thu t nobleman*; and (he had born him four fons, Guy, William, Geoffrey, and Aymer, whom fhe lent over to England, in order to pay a vifit to their brother. The good-natured and affectionate difpofition of Henry was moved at the fight of fuch near relations ; and he con- fidered neither his own circumftances, nor the inclinations of his people, in the honours and riches which he confer red upon them f. Complaints roie as high againft the credit of the Gafcon, as ever they had done againft that of the Poiclevin and of the Savoyard favourites ; and to a nation prejudiced againft them, all their meafnres ap peared exceptionable and criminal. Violations of the Great Charter were frequently mentioned ; and it is in deed more than probable, that foreigners, ignorant of the Jaws, and relying on the boundlefs affections of a weak prince, would, in an age when a regular adrniniftration was not any where known, pay more attention to their prefent interefl than to the liberties of the people. It is reported, that the Poh tevins and other ftrangers, when the laws were at any time appealed to, in oppofition to their oppredions, fcruplcd not to reply, What did the Englifli laws fignify to them? They minded them not. And as words are often more orFenfive than actions, this open contempt of the Ej,ngli!ri tended much to aggravate the ge neral difcontent, and made every al of violence committed by the foreigners appear not only an injury, but an affront to them $. I RECKON not among the violations of the Great Char ter fome arbitrary exertions of prerogative to which Hen ry s ncceflities pufhed him, and which, without producing any difcontent, were uniformly continued by all f;is (uccef- forsjtill the laft century. As the parliament often refufed him fupplies, and that in a manner fomewhat rude and in decent ||, he obliged his opulent fubjedts, particularly the citizens of London, to grant him loans of money ; and it is natural to imagine, that the fame want of ccco- nomy which reduced him to the neceffity of borrowing, would prevent him from being very punctual in the re payment* *. He demanded benevolences, or pretended * Trivet, p. 17.5. |M. Paiis. p. 401. M. Weft. p. 33?. Knygliton, p. 2436. J M. Paris, |>. 566.666. Ann. \Va.crI. p. 214. Chion. Dunft. vol. i. n. 333. || M. Paris, p. j oi. * * M. Paris, p. HENRY 111. 47 , voluntary contributions, from his nobility and prelates*. Q |-[ ,^ p^ He was the fir ft king of England finee the conqueft, that XII. could fairly he And to lie under the reftraint of law ; and , * he was allo the fir ft that practiced the dilper.fing power, IM? and employed the claule of non ob ft ante, in his grants and patents. When -objections were mane to this novelty, he replied, that (he pope cxercifecl that authority ; and why might not he imitate the example ? but the abufe which the pope made of his difpenfing power, in violating the canons of general councils, in invading the privileges and cufloms of all particular churches, and in uiurpingon the rights of patrons, was more likely to excite the jea- loufy of the people, than to reconcile them to a fimilar practice in their civil government. Roger de Thurkefby, one of the king s juftices, was fo difplealed with the pre cedent, that he exclaimed, Alas ! what times are zue fallen, into ? Behold, the civil court is corrupted in imitation oj the. ecclejiajtical, and the river is poifoned from that foun tain. THE King s paitialiiy and profufe bounty to his foreign relations, and to their friends and favourites, would have appeared more tolerable to the Engliih, had any thing been done meanwhile for the honour of the nation, or had Henry s enterprifes in foreign countries been attended with any fucceis or glory to himfelf or to the public : At leaft, fuch military talents in the king would have ferved to keep his barons in axve, and have given weight and au thority to his government. But though he declared war againft Lewis IX. in 1242, and made an expedition into Guienne, upon the invitation of his father- iu- law, the counl de Marche, who promifed to join him with all his forces; he was unfuccefsful in his attempts againll that great monarch, was worfted at Taillebourg, was deferted by his allies, loft what remained to him or" Poiclou, and was obliged to return, with lolsof honour, into England^. The Gaicon nobility were attached to the Eni.li(h govern ment ; becaule the diilance of their fovereign allowed them to remain in a fbte of alinoft total independence : And they claimed, ibme time after, Henry s proteclion againft an invafion which the king of Caftile made upon that territory. Henry returned into Guienne, arid was more fuc jeisful in this expedition ; but he thereby involved himfelf and his nobility in an enormous debt, which both M. Paris, p. . f M. . , j ^oj. -j. Cliron. Dun: 1 . . 472 HISTORY OF ENGLAND. C H A P.increafed their difcontents, and expofed him to greater XII. danger from iheir enterprifes*. * ., WANT of oeconomy, and an il! judged liberality, were Henry s great defers ; and his debts, even before this expedition, had become fo troub!efo .r>e, that he fold all his plate and jewels, in order to discharge them. When this expedient was firft prop^fe J to him he afked, where he fhould fcr.d purchafers ? It was replied the citizens of Lon don. On my word, (aid he, if the trea/ury of Augujlus were h ought to fait, the cttiz m are able to be the purcka- Jers : Th?fe clown*, who a/fume fo themfelves the nave of batons, abound in every thins, while we a*e reduced to n^ Ct/ptUfl. And he was thenceforth obfcrved to be more forward and greedy in his exactions upon the citizens^. Eccieii,ii>!cai BUT the grievances which the Enslii h during this reign grievances. h ac j reafon to complain of in the civil povcrn-nent, feem to have been ftill lefs burthenfome than thofe which they fuf- fered from the ufurpations and exactions of the court of Home. On the death of Langton in I >?8, the monks of Chrift-Church elected Walter de Hemefham, one of their own body, for his fucceiTor : But as Henry retufed to con firm the election, the pope, at his dcfire, annulled it||; and immediately appointed Richard chancellor of Lincoln, for archbifhop, without waiting for a new election. On the death of Richard in 12 i, the monks eleaed Ralph de Neville bifhop of Chichefter ; and though Henry was much pleafed with the election, the pope, who thought that prelate too much attached to the crown, aflumed the power of annulling his election * *. He rejected two cler gymen more, whom the monks had fucceffivelv chofen ; and he at laft told them, that, if they would elecl Edmond treafurer of the church o* Salifbury, he would confirm their choice ; and his nomination was complied with. The pope had the prudence to appoint both times very worthy primates ; but men could not forbear obferving his inten tion of thus drawing gradually to himfeif the right of be- fto ing that important dignity. THE avarice, however, more than the ambition of the fee of Rome, feen:s to have been in this age the ground of general coirpLint. The papal minifters, finding a vafi flock of power armflkd by their prcdcceiTorp, were defirousof turning it to immediate profit, which they en- jo .-ed at home, rather than of enlarging tVir authority in diftant countries, where they never intended to refide. Every thing was become venal in the Romifh tiibunals ; * M Pr;-. P. 614. f M. P^ris. p. 501. * M. Paris, p. 501. 507. riS.^S. 606.6^5. 6^S. i| M. t : aiis, p. 2^. * Ibid. p. 254. HENRY III. 473 fimony was openly p acb fed ; no favour?, and even no C H A P. . . < unit] be obtained without a bribe ; the highett bid- XII. der was fur." to l.ave the preference, without regard either < ..- to the merits of the perfon or of the cauic ; and befides Ia 5j- t !i c ulual perverfions c>f right in the decificn of controver- fies, the pope openly alTuM ed an abfolute and uncontrolled authority of letting udtle, by the plenitude of his apofto- Jic po .ver, all particular rules, and ail privileges of patrons, churches, and convents. On pretence of reme dying thele ai.T.les, pope Honorius, in I ?.::, complain ing of the poverty of his fee as the fource of all grievan ces, demanded frc m every catlu dral two of the belt pre- is, and fiom every convent two monks portions, to be lit apart as a perpetual and fettled revenue of the papal crown : But all men being fenfiMe that the revenue would continue fore- er, the abuies immediately return, his de mand was unanimoufiv rejected. About three years alter, the pope demanded and obtained the tenth of all ecclefiaf- tical revenues, which he levied in a very oppreifive man ner; requiring payment before the clergy had drawn their rents or tythes, and fending about ufurers, who ad vanced th. m t ;e money at exorbitant inter^O. In the year 124 ), Otho the legate, having in vain attempted the clergy in a body, obtained feparately, by intrigues and menaces, large fums frrm the prelates and convents, and on his departure is faid to have carried more money out of the kingdom than he left in it. This experiment was re newed four years after with fuccefsby Martin the nuncio, \vho brought from Rome powers of fufpending and ex communicating all clergymen that refuted to comply with his demands. J he king, who relied on the pope for the fupport of his tottering authority, never (ailed to counte nance thofe exa6lions. MF.ANWHILE, all the chief benefices of the kingdom were conferred on Italians ; great numbers of the nation were lent over at one time to be provided for ; non-refi- dence and pluralities were carried to an enormous height; IVLnlel, the king s chaplain, is computed to have held at once feven hundred ecclefiaftical livings; and the abuies became fo evident as to be palpable to the blindnefs of fuperftiiion itlelf. The people, entering into ailoriations, role againft the Italian clergy ; pillaged their barns; wafted their lands ; inlulted the perfons of fuch of them as they found in the kingdom* ; and when the juflices made in- quirvinto the authors of this dilbrder, the guilt was found VOL. I. 3 P * Rymer, vol. i. p. 323. V. Paris, p. 255. 257 474 HISTORY OF ENGLAND. CHAP, to involve fo many, and thofe of fuch high rank, that it XII. pafled unpunilhed. At laft, when innocent IV. in l 245, * , called a general council at Lyons, in order to excommu- 12 53- nicate the emperor Frederic, the king and nobility lent over agents to complain before the council of the rapacity of the Romifh church. They reprefented among many other grievances, that the benefices of the Italian clergy in England had been eftimated,dnd were found to amount to 60,000 marks* a year, a I urn which exceeded the an nual revenue of the crown itfelff. They obtained only an evafi. c anfwer from the pope ; but as mention had been mad before the council, of the feudal fubjedtion of Eng land to the fee of Rome, th" Erigiifb agents, at whofe head was Roger Bigod earl of Norfolk, exclaimed againfl the pretemion, and infilled, that king John had no right, without theconfentof hi.-, barons, to lubjett the kingdom to fo ignominious a Icrvitude $. i he popes indeed, afraid of carrying matters too far againft England, feem thenceforth to have little infilled on that pretenfion. THIS check, received at the council of Lyons, was not able to ftop the court of Rome in its rapacity : Inno cent exacted the revenues of all vacant benefices, the twen tieth of all ecclefiaftical revenues without exception ; the third of fuch as exceeded a hundred marks a year, and 9 the half of fuch as were poiTefled by non-refidentsjj. He claimed the goo is of all inteftate clergymen ** ; he pre tended a title to inherit all money gotten by ufury ; he levied benevolences upon the people ; and when the king, contrary to his ufual practice, prohibited thefe exactions, he threatened to pronounce againft him the fame cenfures which he had emitted againft the emperor Frederic f f. J2C,. BUT the moft oppreflive expedient employed by the pope, was the embarking of Henry in a project for the conqueft of Naples, or Sicily on this fide the Fare, as it was called; an enterprife which threw much difhonour on the king, and involved him, during fome years, in great trouble and expence. The Romifh church, taking ad vantage of favourable incidents, had reduced the kingdom of Sicily to the fame ftate of feudal vafTalage which (he pretended to extend over England, and which, by reafon of the diftance, as well as high fpirit of this latter king dom, {he was not able to maintain. After the death of the * Innocent s bull inRymer, vel. i. p. 471, fays only 50,000 marks a year. f M. Paris, p. 451. The culloms were part of Henry s revenue, and amounted to 6000 pounds a year : They were at tirft fmall fums paid by the merchants for the ufe of ths king s warehoufes, meafures, weights, ta. See Gilbert s Hiftory of the txch. p. 214. J M. fails, p. 460. || M. Paris, p. 480. Ann. Burt. p. 305. 373. ** M. Paris, p. 474. ft M. Paris, p. 476. HENRY III. 475 emperor Frederic II., the fucceflion of Sicily devolved to C H A P. Conradine, grandfon of that monarch; and Mainfroy, his XII. natural Ion, under pretence of governing the kingdom * * during the minority of the prince, had formed a fcheme of I8 55- eftablifhing his own authority. Pope Innocent, who had carried on violent war againft the emperor Frederic, and had endeavoured to dilpoflefs him ot his Italian dominions, Dill continued hoftilities againfi his grand ion ; but being diiappointed in all his fchemes by the activity and artifices of Vlainfrov, he found, that his own force alone was not fufficient to bring to a h;ippy iffue fo great an enterprise. He pretended to difpofe of the Sicilian crown, both as fu- perior lord of that particular kingdom, and as vicar of Chrift, to whom all kingdoms of the earth were fubjecled ; and he made a tender of it to Richard earl of Cornwal, whofe immenfe riches, he flattered himfelf, would be able to fupport the military operations againft Mainfroy. As Richard had the prudence to refule the prefent*, he applied to the king, whole levity and thoughlefs difpofi- tion gave Innocent more hopes of fuccefs ; and he offered him the crown of Sicily for his lecond lonEdmondf. Henry, allured by io magnificent a preient, without rcliec- ting on the confequences, without consulting either with his brother or the parliament, accepted of the infidious propofal ; and gave the pope unlimited credit to expend whatever fums he thought neceffary for completing the conqueft of Sicily. Innocent, who was engaged by his own interefU to wage war with Mainfroy, was glad to carry on his enterprifes at theexpenceof his ally : Alex ander IV. who fucceeded him in the papal throne, conti nued the fame policy : And Hen-ry was i urprifed to find himfelf on a fudden involved in an immenfe debt, which lie had never been conlulted in contracting. The fum already amounted to 133,^41 marks, bcfide intereft J ; and he had the proipect, if he anfwered this demand, of being loon loaded with more exorbitant expences ; if he refuled it, of both incurring the pope s difpleulure, and lofing the crown of Sicily, which he hoped foon to have the glory cf fixing on the head of his Ion. HE applied to the parliament for fupply ; and that he might be lure not to meet with oppofitton, he fent no writs to the more refractory barons : But even thole who were fummoned, lenfible of the ridiculous cheat impofed by the pope, determined not to lavifh their money on fuch chimerical projects ; and nuking a pretext of the abfencc * M. Paris, p. 650. f Kvir.cr, vol. i. p. 5"?. 512. 53^. M. Pc;is, p. 5qg. Oij. or, o!. 1. p. s^7- Chion. Duntt. vol. i. p. Jig. 476 HISTORY OF ENGLAND. CHAP, of their brethren, they refiifed to take the king s demands X I. into confederation *. In this extremity the clergy u ere v -v his onlv refource; and as both their temporal and fpiritual I2 55- fovereign concurred in loading them, they were ill able to defend themfelves 1 againft this united authority. THE pope publifhe % a crufade for the conqueft of Sicily ; and required every one who had taken the crol s ajjainft the infidels, or had vowed to advance money for that fer- vice, to fupport the war agninft Mainfroy, a more terri ble enemv, as he pretended, to the Chriftian/aith than any Saracen f. Fie levied a tenth on all ecclefiaftical be nefices in England for three years ; and gave orders to ex communicate all bifhops who made not punctual payment, He granted to the king the goods of inteilate clergymen ; the revenue s of vacant benefices ; the revenues of ail non- refidents |. But thefe taxations, being levied by fome rule, were deemed lets grievous than another impofition, which aroiefrom the furgeftion of the bifhop of Hereford, and which might have opened the door to endleis and in tolerable abuies. THIS pre ate, who re Tided at the court of Pome bv a deputation fiom the Engiiih church, drew bills of differ ent values, but amounting on the whole to l f; 0,^40 marks, on al the bi-hops and abbots of the kingdom ; and grant ed thefe bill." to Italian merchants, xvho it was pretended had advanced money for the ler ice of the war /)gain(l Muinfroyll. As there were no likelihood of the Enelifh prelates tubmitting, without compullion, to fuch an extra- ordinarv (iemand, Rufland the legate was charged with the commiffion of etnployirtg authority to that purpole ; and he fummoned an afTVmhiy of the bifhops and abbots, whom he acquainted with the pleaiure of the pope and of the king. Great were the lurprile and indignation of the aflembly : The bilhop of Worcefter exclaimed, that he would lofe his life rather than comply : The bifhop of London faid, that the pope and king were more powerful than he ; but if his mitre were taken orF his head, he would clap on a helmet in it:; place**. The legate was no lefs violent on the other hand ; nnd he told the alVembly in plain terms, that all eccienVilical benefices were the pro perty of the pope, and he might difpofe of them, either in whole or in part, a; he ia-.v proper ft. In the end, the hifhops and abbots, being threatened with excotrmunica- tion, which made all their revenues fall into the king s hands, were obliged to fubnn t to the exaction : And the * M. Paris. p. 6:4. f Rvmer, vo^. 3. p. 5^7 .-,.iS &.C. * Rymer, vol. i. p. 5157. 59?. || M. la;is. p. 612. 628. Chioa. T. Wykes, p. 5^. * * M. Paris, p. 614. f f Ibid. p. 619. HENRY III. 477 only mitigation which the legate allowed them was, that CHAP, the tenths already granted llould be accepted as a partial XII. payment of the bills. Bur the money wssfiill iniulficient v for the pope s purpoie : The conqtuft of Sicily was as I255> remote as ever : The demands which came from Rome were endlels : Pope Alexander became (o urgent a credi tor, that he fent over a legate to England , threatening the kingdom with an interdict, and the king with excom munication, if the arrears which he pretended to be due to him weie not inftantly remitted *: And at laft Henry, len- fible of the cheat, began to think of breaking off the agreement, and of rellgning into the pope s hands that crown which it was not intended by Alexander that he or Ins family fhould ever enjoy f. THE earl of Cornwal had now reafon to value himfelf Earl of on his forefight, in refuting the fradulent bargain with ton ! w d al k . Rome, and in preferring the lolid honours of an opulent O f theRo- and powerful prince of the blood of England, to the empty mans. and precarious glory of a foreign dignity. But he had not always firmneis fufficient to adhere to this relolution : His vanity and ambition prevailed at laft over his prudence and his avarice; and he was engaged in an enterprile no iefs extenfive and vexatious than that of his brother, and not attended with much gi eater probability of fuccefs. The iir.menfe opulence of Richard having made the German princes caft their eye on him as a candidate for the empire, he was tempted to expend vaft fums of money on his elec tion ; and he fucceeded Ib far as to be choJen king of the Romans, which leemed to render his fucceffion infallible to %e imperial throne. He went over to Germany, and carried out of the kingdom no Iefs a fum than feven hundred thoufand marks, if we may credit the account given by fome ancient authors |, which is probably much exaggerated ||. H : s money, while it lafled, procured him friends and partifans: But it was foon drained from him by the avidity of the German princes ; and having no perfon.il or family connexions in that country, and no * Rymer. "cl. i. p. 6-24. M. Paris, p. 6 t Rvmer, vol. i. p. 631. * M. Paris, p. 6j8. i lie fume anth.>r. .t ni^kes Richa> .-- treafures amount to little nurt- ti-.ni half tin: i .in. p. < ; . fhe king s difflpa- .!n;l expeiic^. thinugliout l.li whole . ig to tiie fame author, had amoimtc > iv.ly >> *b o . j , >,ooo marks, i. .1 ic snl u;ii ; irs, wha \verf aim !> all moak*. are often improbable, a:idnsj-t?r conil!!t:Mt i! l; i we know, fmin an infallibij :; rtty, the public remonftra-.-.ce to the council of Lvons, tha> t!;r were b. 3 low . bvoti-.er therefore r n u!d ne\er i been ma ter of 7 < . , la\i l, as we learn from the iaiAe author: Ar.d we hear afterwards of his or- denn a, I his w.xxh to hi: c,.t, m 01 KT ci lai .si v ilie r,i .a-it;. "f rh.^ German princes : Hisfon fuv.ccca vi to the esrldcm of Cornwal and his other levenues. 47 3 HISTORY OF ENGLAND. CHAP, fo\\d foundation of power, he found at laft that he had XII. laviihed away the frugality of a whole life, in order to pro- v v cure a fplendid title ; and that his abfence from England, 1255- joined to the weiknefs of his brother s government, gave reins to the factious and turbulent dilpofitions of the Eng- liih barons, and involved his own country and family in great calamities. D fcontent? THE fuccefsful revolt of the nobility from kingjohn,and of the La- their impofing on him and his fuccellors limitations of their royal power, had made them feel their own weight arid importance, had fet a dangerous precedent of refinance, and being followed bv a long minority, had impoverished as well as weakened that crown, which they were at laft induced, from the fear of woiie conlequences, to replace on the head of young Henr . In the king s fituation, either great abilities and vigour were requifite to overawe the barons, or great caution and rcferve to give them no pretence for complaints ; and it mufl be confeffed, that this prince was pofleffcd of neither of thefe talents. He had not prudence to chufe right mealures; he wanted even that conftancy which fometimes gives weight to wrong ones; lie was entirely devoted to his favourites, who were always foreigners ; he lavifhed on them without dilcretion his dimi- niftied revenue; and finding that his barons indulged their dilpofition towards tyranny, and obferved not to their own vafl als the fame rules whi-~h they had impoled on the crown, he was apt, in his adminiftrjtion, to neglect all the falut.iry articles of the Great Charter; which he re marked to be fo liltle regarded by his nobility. 1 his con- duel; had extremely lefTened his authority in the kingdom; had multiplied complaints againfi him; and had frequently expofed him to affronts, and even to dangc-rous attempts upon his prerog stive. In the year I -.44, when he deiircd a fupply from parliament, the barons, complaining of the frequent breaches of the Great Charter, and of the many fruitlefs applications which they had formerly made for the redrefs of this and other grievances, demanded in return that he fliould give them the nomination of the great judici ary and of the chancellor, to whofe hands chiefly the ad- miniftration of juflice was committed: And, if we may credit the hiftorian*, they had formed the plan of other limitations, as well as of aflbciations to maintain them, which would have reduced the king to be an abfolute cy pher, and have held the crown in perpetual pu pi 11 age and dependance. The king, to fatisfy them, would agree to nothing but a renewal of the charter, and a general per- * M. Paris, p. 432. HENRY III. 479 miflion to excommunicate all the violators of it : And he C 11 A P. received no fupply, except a fcutage of twenty ihiliings XiT. on each knight s fre for the marriage of his ddett daughter to the king of Scotland; a burthen vv.iich was exprelsly IJ Ji- annexed to their feudal tenures. FOUR years after, in a full parliament, when Henry demanded a new lupplv, he was openly reproached with a breach of his word, and the (sequent violations of the char ter. He was afked whether he did not blufh to detire any aid from his people, whom he profefledly luted and delpil- ed, to whom on all occaiions he prefer: e i iliens and fo reigners, and who groaned under the op pre (lions which he either permitted or exerciJed over them. He was told that, bcfidesdifparaging his nobility by forcing them to coutiact unequal and mean marriages with Grangers, no rank of men was fo low as to elcape vexations from him or his mi- niflers ; that even the victuals conlumed in his houfehold, the clothes which himfelf and his lervants wore, flill mors the wine which they ufed, were all taken by violence from the lawful owners, arid no compenlation was ever made them for the injury ; that foreign merchants, to the great prejudice and infamy of the kingdom, iliunned the fcng- glifh harbours, as if they were poffeffed by pirates, and the commerce with all nations was thus cut orFhy thele aits of violence; that lois was added to lots, and injury to in jury, while the merchants, who had been defpoilod of their goods, were allb obliged to carry them at their own charge to whatever place the king was pleated to appoint them ; that even the poor lilhermen on the coaft could not elcipe his oppreiftons and thofe of his co ntiers; and find ing th ;t they had not full liberty to difpofe of their com modities in the fcnglifh market, were frequently conftrain- ed to carry them to foreign ports, and to hazard all the perils of the ocean, rather than thofe which awa ted them from his oppretlive emiflaries ; and that hir, very religion was a ground of complaint to his fubjects, while they ob- ferved that the waxen tapers and Ip endid filks, employed in lb many ulelefs procedions, were the fpoils which he had forcibly ravilhed from the true owners *. Throughout this remonOrance, in which the complaints derived from an abule of the ancient right of purveyance may be fup- pofed to be fomewhat exaggerated, there appears a ftrange mixture of regal ;" anny in the practices which gave rife to it, and of ariflocratical liberty, or rather licentioufnefs, in the expreflions employed hy the parliament. But a mixture of this kind is oblerva-ble in all U.e ancient feudal * M. Paris, p. 498. See farther, p. 578. M. Weft. p. 348. 480 HISTORY OF ENGLAND. CHAP- governments; and both of them proved equally hurtful to XII. the people. As the king, in anfwer to their remonflrance, gave the 12 53- parliament only good words and fair promifes, attended with the moft humble fubrnitnons, which they had often found deceitful, he obtained at that time no fupply ; and therefore in theyear 1253, when he found himfe lf again under the neceffity of applying to parliament, he had pro vided a new pretence, which he deemed infallible, and taking the vow of a crufade, he demanded thir afliftance in that pious enterprile *. The parliament, however, for fame time hefitated to comply ; and the ecclefiaftical order fent a deputation, confiding of (our prelates, the primate, and the bimops of Winchefter, Salifbury, and Carlifle, in order to remonftrate with him on his frequent violations of their privileges, the opprrflions with which he had loaded them and all his fubjedsf, and the uncanonical and forced elections which were made to vacant dignities. It is true," replied the king, " I have been fomewhat faulty in this particular: 1 obtruded you, my lord of Canterbury, upon your fee : 1 was obliged to employ both entreaties and menaces, my lord of Winchefter, to have you eleded : My proceedings, I confefs, were very irregular, my lords of Salifbury a nd Carliile, when I rjifed you from the loweft ftations to your preient dig- nities : 1 am determined henceforth to correct thefe abules: and it will allo become you, in order to make a thorough reformation, to refign your prefent benefj- ces ; and try to enter again in a more regular and ca- " nonical manner ." The blfliops, furprifed at thefe unex-pecled farcafms, replied, that the queftion was not at prefent how to correct part errors, but to avoid them for the future. The king promifed redrefs both of ecclefiaftical and civil grievances ; and the parliament in return agreed to grant him a fupply, a tenth of the ecclefiaftical bene fices, and a fcutage of three marks on each knight s fee : But as they had experienced his frequent breach of pro- mile, they required that he mould ratify the Great Char ter in a manner ftill more authentic and more folemn than any which he had hitherto employed. All the prelates and abbots were aflembled : They held burning tapers in their hands : The Great Charter was read before them: -They denounced the fentence of excr^muniration againfi every one who mould thenceforth violate that fundamental law : 1 hey threw their tapers on the ground, and exclaim- * M. Paris, p. 518. 558. 568. Chron. Dunft. vol. i. p. 293. t M. Paris, p. 568. t Ibid. p. 579. HENRY III. 481 ed, May ihejoul of every one mho incurs this fcntencc fo C H A P. Jlink and corrupt in hell! The king bore a part in this XII. ceremony ; and fuSjoined : " So help me God, I will v " " keep all thefe articles inviolate, as I am a man, as I am " a chriftian, as I am a knight, and as I am a king crown- " ed and anointed V Yet was the tremendous ceremony no foo-ier (inilhed than his favourites, abufing his weak- nefs, made him return to the lame arbitrary and irregu lar adminiflration ; and the reafonabie expectations of his people were thus perpetually eluded and difappoint- edf. ALL thefe imprudent and illegal meafures afforded a 1253. pretence to Simon de Mountfort, earl of Leicefter, to at- s mon de tempt an innovation in the government, and to wreft the en^ofLei- fceptie from the feeble ^nd irrefolute hand which held it. c e fter. This nobleman was a younger Ion of that Simon dc Mountfort , who had conducted with fuch valour and re nown the crulade agaiufl the Albigenfes, and who, though he tar ni fried his famous exploits by cruelty and ambition, had left a name very precious to all the bigots of that age, particularly to the ecclefiaftics. A large inheritance in England fell by lucceffion to this family ; but as the elder brother enjoyed Oil! more opulent pofTeffions in France, and could not prrfo r m fealtv to two mafters, he transferred his right to Simon, his younger brother, who came over to England, did homage for his lands, and was railed to the dignity of earl ot Leicefter. In the year 1238, he eipouled Eleanor dowager of William earl of Pembroke, and lifter to the kingj; but the marriage of this princefs with a fubjetl and a foreigner, though contracted with Henry s confent, was loudlv complained of by the earl of Cornwal and all the barons of England; and Leicefter was fupported againll their violence by the king s favour and authority alone ||. But he had no fooner eftaLlifhed himfelf in his pofleffions and dignities, than he acquired, by infinuarion and addrels, a ftrong interefl with the nati on, and gained equally the affections of all orders of men. He loll, however, the friendthip of Henry from the ufual levity and ficklenefs of that prii>ce ; he was banifhed the court; he was recalled : he was entrufled with the com mand of Guienne**, where he did good fervice and ac quired honour; he was again difgraced by the king, and his banilhment from court 1 cemed now final and irrevoca ble. Henry called him traitor to his face ; Lcicefter gave VOL. I/ 3 Q, * M. Pa. is, p. 5<?o. Ann. Bart. p. 323. Ann. Waverl. p. 210. W. Hem- iug. p. 571. M. \\eft. p. 353. t M - Paris, p. 597- 608. t Ibid. p. 314. || Ibid. p. 315. * * Ryyier, vol. i. p. 459. 51?. 482 HISTORY OF ENGLAND. CHAP h m tne lie an d t0 ^ mrn tnat ^ he were not "is fovereign " XII. he would foon make him repent of that infult. Yet was y__ v -j this quarrel accommodated, either from the good-nature or 1258. timidity of the king ; and Leicefter was again admitted intolbme degree of favour and authority. But as this no bleman was become too great to preferve an entire com- plailanceto Henry s humours, and to act in fubferviency to his other minions ; he found more advantage in cultiva ting his intereft with the public, and in inflaming the ge neral difcontents which prevailed againft the adminiftrati- on. He filled every place with complaints againft the in fringement of the Great Charter, the ads of violence com mitted on the people, the combination between the pope and the king in their tyranny and extortions, Henry b ne- gle6\ of his native fubje&s and barons; and though himfelf a foreigner, he was more loud than any in representing the indignity of fubmitting to the dominion of foreigners. Bv his hypocritical pretenfions to devotion he gained the favour of the zealots and clergy : By his ieeming concern for public good he acquired the affections of the public: And befides the private friendfhips which he had cultivated with the barons, his animofity againft the favourites crea ted an union of interefts between him and that powerful order. A RECENT quarrel which broke out between Leicefter and William de Valence, Henry s half brother, and chief favourite, brought matters to extremity*, and determined the former to give full fcope to his bold and unbounded ambition, which the laws and the king s authority had hitherto with difficulty reftrained. He fecretly called a meeting of the moft confiderable barons, particularly Hum phrey de Bohun high conftable, Roger Bigod earl maref- chal, and the earls of Warwic and Glocefter; men who by their family and poffeffions flood in the firft rank of the Englifh nobility. He reprefented to this company the ne- ceffityof reforming the ftate, and of putting the execution of the laws into other hands than thofe which had hitherto appeared, from repeated experience, fo unfit for the charge with which they wereentrufted. He exaggerated the op- preffions exercifed againft the lower orders of the ftate, the violations of the barons privileges, the continued depreda tions made on the clergy ; and, in order to aggravate the enormity of his conducl, he appealed to the Great Charter, which Henry had fo often ratified, and which was calcula ted to prevent for ever the return of thofe intolerable grie vances. He magnified the generofity of their anceftors, * M, Paris, p. 649. HENRY III. 483 who, at a great expence of blood, had extorted that famous CHAP* conceffion from the crown; but lamented their own dege- XII. neracy, who allowed fo important an advantage, once ob- v tained, to be wrefted from them by a weak prince and by 13 5 8 - infolent ftrangers. And he infilled that the king s word, after fo many fubmifTions and fruitlefs promifeson his part, could no longer be relied on ; and that nothing but his ab- folute inability to violate national privileges could hence forth enfure the regular oblervance of them. THESE topics, which were founded in truth, and fuited fo well the lentiments -of the company, had the defired ef- fe<Sl; and the barons embraced a refolution of redrefling the public grievances, by taking into their own hands the adminiftration of government. Henry having fum- moned a parliament, in expectation of receiving fupplies for his Sicilian project, the barons appeared in the hall, clad in complete armour, and with their fwords by their fide : The king on his entry, ftruck with the unufual ap pearance, afked them what was their purpofe, and whe ther they pretended to make him their priloner*? Roger Bigod replied, in the name of the reft, that he was not their prifoner, but their fovereign; that they even intend ed to grant him large f> pplies, in order to fix his fon on the throne of Sicily ; that they only expecled fome return for this expence and fervice ; and that, as he had frequent ly made (ubmidions to the parliament, had acknowledged his paft errors, and ha-1 Hill allowed himfelf to be carried into the fame path, which gave them fuel) juft reafon of complaint, he muft now yield to more ftrit regulations, and confer authority on thofe who were able and willing to redrels the national grievances. Henry, partly allured by the hopes of fupply, partly intimidated by the unioq and martial appearance of the barons, agreed to their de mand ; and promifed to fummon another parliament at Oxford, in order to digefl the new plan of government, and toelert the pertons who were to be entrufted with thq chief authority. THIS parliament, which the rovaiifts, and even the nth June. nation, from experience of the confufions that attended its meafures, afterwards denominated the mad parliament, met on the day appointed ; and as all the barons brought along with them their military \affals, and appeared with an armed force, the king, who had taken no precautions againfl them, was in reality a priloner in their hands, and was obliged to fubtr.it to all the ten:::; which they were pleafed to impofe upon him. Twelve baions were leleo * Annal. Tlieokcibury. 484 HI-STORY OF EN GLAND. CHAP, ted from among the king s minifters; twelve more were XII. chofen by parliament : To thefe twenty-four, unlimited * / authority was granted to reform the ftate; and the king 12 58- himfelf took an oath, that he would maintain whatever or dinances they (hould think proper to enal for that pur- pole*. Leicefter, was at the head of this lupreme coun cil, to which the Icgiflative power was thus in reality transferred; and all their meafures were taken by his lecret influence and direction. Their firft flep bore a fpe- cious appearance, and feemed well calculated for the end which they pro felted to be the object of all thefe innovati ons : They ordered that four knights fhculd be chofen by each coun y ; that they fhould make inquiry into the grievances of which, their neighbourhood had reafon to complain, and fbpuld attend the enfuing parliament, in order to give information to that afiembly of the flate of their particular counties! : A nearer approach to our pre- fent conftitution - han had been rrade by the barons in the reign of king John, when "the knights were only appoint ed to meet in their feveral counties, and there to draw up a detailof their grievances. Meanwhile the twenty-four barons proceeded to ena6t forne regulations, as a rcdrefs of fuch grievances as were fuppofed to be fuffictcritly noto rious. They ordered that" three feflfions of parliament fhould be regularly h;-ld every year, in the months of Fe bruary, June and October; that anew fheriff fhould be annu ally elcdted by th? votes of the freeholders in each county J ; that the fhcrifFs (hould have no power of fining the barons who did not attend their courts, or the circuits of the jul- liriaries; that no heirs mould be committed to the ward- fhipof foreigners, and no caftles intrufted to their cuflody; and that no new warrens or fcrcOs fhould be created, nor the revenues of any counties or hundreds be let to farm. Such were the regulations which the twenty-four barons ettdblifhed at Oxfotd, for the redrefs of public grievan ces. BUT the earl of Lcicefter and his alTociates, having advanced fo far to fatisfy the nah on, inftead of continu ing in this popular courfe, or grai tirg the king that lupply which they had piomifed him, in mediately provided for the exttnfion ai.d continudnce of their own authority. They rouled anew the popular clamour which had long prevailed againtl foreigners; and they fell with ihe utmofl violence on" the king s half-brothers, who were luppt-ed to be the authors of all national grievances, and whom * Ryrner, vol. i. p. 6;,5- Chrcn. Dur.ft. vol. ;. p. j J4- Knyghton, p. 2^-i5- f M. i aijs, p. f 57. Adciit. p. LJO. Ann. Burt. p. 412. i Cbron. Luuft. vol. i. p. 3j6. , HENRY III. Henry had no longer any power to protect. The four brotheis, fenfible cf their danger, took to (light, with an intention of making their elcape out of the kingdom ; they were eagerly purlued by the barons ; Ayrncr, one of the brothers, who liad been elecled to the fee of Winchef- ter, took fhelter in his epifcopa) palace, and carried the others along with him ; they were furrounded in that pL<v, and threatened to be dratted out by force, arid to be pu- nilhed for their crimes and mifdemeanors ; and the king, pleading the facredtiefs of an ecclefiaHical fanctuary, was glad to extricate them from this danger by banilhina them the kingdom. In this a<5l of violence, as well as in the former usurpations of the barons, the queen and her unck-s were thought to have fecretly concurred ; being jealous of the credit acquired by the brothers , which, they found, had eclipfed and annihilated their own. BUT the fubfequirit proceedings of the twenty- four ba- l -f. ir . iat ; ons rons were fufficient to open the eyes of the nation, and to ofiheba- prove their Intention of reducing, for ever, both the king i0ns - and the people under the arbitrary power of a very narrow ariftocracy, which muft at !aft have terminated either in anarchy, or in a violent ufurpation and tyranny. They pretended that they had not yet diverted all the regulations neceffary for the reformation of the (late and for the re- drels of grievances; and they mui\ flill retain their power, till that great purpofe were thoroughly effecled : In other words, that they muft be perpetual governors, and rauft continue to reform, till they werepleaied to abdicate their authority. They formed an aflbciation among fhemfe ves, and iwore that they would fhind by each other with their lives and fortunes: They difphced all the chief officers of the crown, the judiciary, the chancellor, the treafurcr ; and advanced either themlelves or their own creatures in their place : Even the oflices of the king s ho ifehold were difpoied of at their pleafure: The government of all the caHles was put into hands in whom they found reafon to confide : And the whole power of the (late being thus transferred to them, they ventured to impoie an oaih, by which all the fubjeds were obliged to fwear, under the penalty of being declared public enemies, that they would obey and execute all the regulations, both known and unknown, of the twenty-four barons: And all this, for the greater glory of God, the honour of the church, the fervice of the king, and the advantage of the kingdom*. No one dared to withiland this tyrannical authority : Prince Edward himfelf, the king s eldeft fon,a youth of eighteen, Chron. T. Wyke , f . 52. 4 36 HISTORY OF ENGLAND. CHAP, who began to give indications of that great and manly fpirit Xli. which appeared through the whole courfe of his life, was, v v after making feme opposition, confhained to take that oath, 1258. which really depofed his father and his family from fove- reign authority *. Ear! Warrenne was the laft perfon in the kingdom that could be brought to give the confederated barons this mark of fubmiffion. Bur the twenty-four barons, not content with the ufur- pation of the royal power, introduced an innovation in the confiitution of parliament which was of the utmoft im portance. They ordained, that this affembly fhould chufe a committee of twelve perlbns, who fhou:d, in the inter vals of the feffions, poflefsthe authority of the whole par liament, and fhould attend, on a furnmons, the perfon of the king, in all his motions. But fo powerful were thefe barons, that this regulation was allb fubrnitted to; the whole government was overthrown, or fixed on new foun dations ; and the monarchy was totally fubverted, without its being poffible for the king to ftrike a Tingle ftroke in defence of the conftitution againft the newly-eiecled oli garchy. 1259- THE report that the king of the Romans intended to pay a vHii to England, gave alarm to the ruling barons, who dreaded left the extenfive influence and eftablifhed authority of that prince would be employed to reftore the prerogatives of his family, and overturn their plan of government f. They lent over the bifhop of WorceUer, who met himatSu Omars: afked him in the name of the barons, the realon of his journey, and how long he inten ded to flay in England, mil infifted that, before he entered the kingdom, he (hould iwear to obferve the regulations eftablifhed at Oxford. On Richard s refuial to take this oath, they prepared to refifi him as a public enemy ; they + fitted out a fleet, aflembled an army, and exciting the in veterate prejudices of the people againft foreigners, from whom they bad differed Ib many oppreffions, Ipread the report, that Richard, attended by a number of ftrangers, meant to reftore by force the authority of his exiled bro thers, and to violate all the fecurities provided for public liberty. The king of the Romans was at laft obliged to fubmit to the terms required of him \. BUT the barons, in proportion to their continuance in power, began gradually to lofethat popularity which had affifled them in obtaining it; and men repined, that regu lations, which were occafionally eftabliihed for the re for - * Ann. "Burl. p. 4 I i. f M. Paris, p. 66 1. t Ibiti. \.. 661, 662. Chron. T. Wykes, p. 5.3. HENRY 111. 487 matlon of the ftate, were likely to become perpetual, and CHAP. to fubvert entirely the ancient conftitution. They were Xll. apprehenfive left the power of the nobles, always oppref- ., five, fhould now exert itfelf without control, by remov- ing the counterpoiie of the crown ; and their fears were iticreaied by fome new ediits of the barons, which were plainly calculated to procure to th-mfelves an impunity in all their violences. They appointed that the circuits of the itinerant juftic.es, the fole check on their arbitrary conduct, fhould be held pnly once in ieven years ; and men eafily law that a remedy, which returned after fuch long intervals, againft an oppreflive power, which was perpetual, would prove totally infignificant and uielefs*. The cry became loud in the nation, that the barons fhou d finifli their intended regulations. The knights of the (hires, who feem now to have been pretty regularly afTem- bled,and foinetimes in a feparate houfe, made remonftran- ces againft the llownefs of their proceedings. They re- prefented that, though the king had performed all the con ditions required of him, the barons had hitherto done no thing for the public good, and had only been careful to promote their own private advantage, and to make inroads on royai authority ; and they even appealed to prince Ed ward, and claimed his interpofition for the intereftsof the nation and the reformation of the government f. The prince replied, that though it was from conflraint, and contrary to his private fentiments, he had fworri to main tain the provifions of Oxford, he was determined to obierve his oath : But he lent a mefiage to the barons, requiring them to bring their undertaking to a fpeedy conclufion, and fulfil their engagements to the public: Otherwise he menaced them, that at the expence of his life he would oblige them to do their duty, and would fhed the laft drop of his blood in promoting the interefts, and fatisfying the juft wifhes of the nation |. THE barons, urged hy fo prefling a neceffity, publifhed at laft a new code of ordinances for the reformation of the ftate||: But the expectations of the people were extremely difappointed, when they found that thefe confifted only of fome trivial alterations in the municipal law ; and Hill more, when the barons pretended that the tafk was not yet finifhed, and that they tnuft farther prolong their autho rity, in order to bring the work of reformation to the de- fired period. The current of popularity was now much turned to the fide of the crown ; and the barons had little * M. Paris, p. 667. Trivet, p. 209. f Annal. Eurt. p. 427. i Annal. Buit. p. 427. l| Ibid. p. 428. 430. 488 HISTORY OF ENGLAND. C H A P. to rely on for their fupport, befides the private influence XII. and power of their families, which, though exorbitant, v was likely to prove inferior to the combination of king and 1? 59- people. Even this bafis of power was daily weakened by their intefline jealoufies and animofities: their ancient and inveterate quarrels broke out when they came to fhare the fpoils of the crown ; and the rivalfhip between the earls of Leicefter and Glocefter, the chief leaders among them, began to .disjoint the whole confederacy. The latter, more moderate in his pretenfions, was defirous of flopping or retarding the career of the barons ulurpations; but the former, enraged at the oppofition which he met with in his own party, pretended ro throw up all concern in Eng- lifn affairs ; and he retired into France*. THE kingdom of France, the only ftate with which England had any confiderable intercourfe, was at this time governed by Lewis IX. a prince of the mofl fingular cha racter that is to be met with in all records of hiftory. This monarch united, to the mean and abje<5t fuperftition of a monk, all the courage and magnanimity of the greatefl hero ; and, what may be deemed more extraordinary, the juftice and integrity of a difintereftsd patriot, the mildnefs and humanity of an accomplifhed philofopber. So far from taking advantage of the divifio*is among the Englifh, or attempting to expel thole dangerous rivals from the pro vinces which they Hill poflefled in France, he had enter tained many fcruples with regard to the fentence of attain der pronounced againil the king s father, had even expref- fed .ome intention of reflonng the other provinces, and was only prevented from taking that imprudent reiolution by the united remonftrances of his own barons, who re- prefented the extreme danger of fuch a mealure f, and, what had a greater influence on Lewis, the jufiice of punifhing, by a legal fentence the barbarity and felony of John. Whenever this prince interpofed in Englifli affairs, it was always with an intention of compofing the differen ces between tlie king and his nobility ; he recommended to both parties every peaceable and reconciling meafure ; and he uied all his authority with the earl of Lei^efler, his nativefabjeit, to bend him to a compliance with Henry. ; May. H c !nac le a treaty wita England, at a time when the diftrac- fions of that kingdom were at the grcateft height, and when the king sauthority w.is tofally annihilated, and the terms which he granted roigiit, even in a more profperous ftate of their affairs, be deemed reafonable and advantageous to the Engli(h. He yielded up fame territories which had *Chron. Dunft. vol. i. p. 348. I M. Paris, p. 604. HENRY 111* 489 been conquered from Poi6tou and Guienne ; he enfured CHAP, the peaceable poffelTion of the latter province to Henry ; XII. he agreed to pay that prince a large fum of money : and v */ he only* required that the king fhould, in return, make a 12 ^ final cedion of Normandy, and the other provinces, which he could never entertain any hopes of recovering by force of arms*. Thisceffion was ratified by Henry, by his two fons and two daughters, and by the king of the Romans and his three fons: Leiccller alone, either moved by a vain arrogance, or defirous to ingratiate himfelf with the Englifh populace, protefted againft the deed, and in filled on the right, however diflant, which might accrue to his confort f. Lewis f<*w, in this obftinacy, the un bounded ambition of the man; and as the barons infifted that the money due by treaty Ihould be at their difpofal, not at Henry s, he allo faw, and probably with regret, the low condition to which this monarch, who had more erred from weakuefs than from any bad intentions, was reduced by the turbulence of his own fubj?cis. BUT the fituation of Henry foon after wore a more fa- 2Gl vourable alped. The twenty four barons had now en joyed the fovereign power near three years ; and had vifi- bly employed it, not for the reformation of the (late, which was their firfi pretence, but for the aggrandifement of thenifelves and of their families. 1 he breach of truft was apparent to all the world: Every order of men felt it, and murmured againft it : The diffenfions among the barons themlelves, which increaled the evil, made alfo the reme dy more obvious and eafy : And the fecret defertion, in- particular, of the earl of Glocefter to the crown, feemed to promife Henry certain fucceis in any attempt to relume his authority. Yet durft he not take that ftep, io recon- cileable both to juftice and policy, without making a pre vious application to Rome, and defiring an abfolution from his oaths and rngagements j. THE pope was at this time much difTatisfied with the condufl of the barons; who, in order to gain the favour of the people and clergy of England, had expelled all the Italian ccclefi^ftics, had confiscated their benefices, and leemed determined to maintain the liberties and privileges of the Englilh church, in which the rights of patronage, belonging to I heir own families, were included. The ex treme anirnofuy of the Englifh clergy againft the Italians u as alfo a fource of his dilguit to this order ; and an at- VOL. I. 3 R * Rymer, vol. i. p. 675. M, Paviv, {. -,CC. Chron. T. Wykcs, p. $|< 1 rivet, p. . c-i. M. Weft. p. 371. } Uifon. I. XYykes. p. ^,j. J Ann. ?:: .. p. jJn. 490 HISTORY OF ENGLAND. CHAP- tempt which had been made by them for farther liberty, XII. and greater independence on the civil power, was therefore * T-V lefs acceptable to the court of Rome*. About the fame I26l time that the barons at Oxford had annihilated the prero gatives of the monarchy, the clergy met in a fynod at Merton, and pafied feveral ordinances, which were no lefs calculated to promote their own grandeur at the ex- pence of the crown. They decreed, that it was unlawful to try ecclefiaftics by fecular judges; that the clergy were not to regard any prohibitions from civil courts; that lay- pitrons had no right to confer fpiritual benefices ; that the magiftrate was obliged, without farther inquiry, to impri- ion all excommunicated perfons; and that ancient ufage, without any particular grant or charter, was a iufficient authority for any clerical pofleflions or privileges f. A- bout a century before, thefe claims would have been fup- ported by the court of Rome beyond the moil fundamen tal articles of faith: They were the chief points maintain ed by the great martyr, Becket ; and his relblution in de fending them had exalted him to the high flation which he held in the catalogne of Romim faints. But principles were changed with the times: The pope was become fome- what jealous of the great independence of the Englifh clergy, which ma^ie them ftand lefs in need of his pro tection, and even emboldened them to rcfift his authority, and to complain of the preference given to the Italian cour tiers, whole interefls, it is natural to imagine, were th,e chief object of his concern. He was ready, therefore, on the king s application, to annul thefe new conftituti- onsof the church of England $. And, at the fame time, he abiblved the king and all his fubjecls from the oath which they had taken to obferve the provifions of Ox ford ||. Prince Ed- PRINCE Edward, whofe liberal mind, though in fucH ward. early youth, had taught him the great prejudice which his father had incurred, by his levity, inconftjncy, and frequent breach of promife, refufed for a long time to take advantage of this abfolution ; and declared that the provi fions of Oxford, how unreafonable foever in themfelves, and how nr.ich foever abufed by the barons, ought flill to be adhered to by thofe who had fworn to obferve them* *. He himfelf had been conftrained by violence to take that oath; yet was he determined to keep it. By thi fcrupu- lous fidelity, the prince acquired the confidence of allpar- , * Rymer, vol. i. p. 755. f Ann. Burl. p. 389. J Rymer, vol. i. p. 755. || Ryrner, vol. i. p. 723. M. Paris, p. 666. W. Heming. p. 580. Ypod. Neuft. p. 468. Knygluon, p. 2416. ** M. Paiis, p. 667. HENRY III. 49 r ties, and was afterwards enabled to recover fully the royal CHAP, authority, and to perform fuch great actions, both during XII. his own reign and that of his father. > v THE fituation of England, during this period, as well I26| as that of moft European kingdoms, was fomewhat pe culiar. There was no regular military force maintained in the nation : The fword, however, was not, properly fpeaking, in the hands of the people: The barons were alone entrufted with the defence of the community ; and after any effort which they made, either againft their own prince or againft foreigners, as the military retainers de parted home, the armies were difbanded, and could not ipeedily be re-ailembled at pleafure. It was eafy there fore, for a few barons, by a combination, to get the flo rt of the other party, to collect fuddenly their troops, and to appear unexpectedly in the field with an army, which their antagonifts, though equal, or even fuperior in power and intereft, would not dare to encounter. Hence, the ludden revolutions, which often took place in thofe go vernments: Hence the frequent victories obtained without a blow by one faction over the other : And hence it hap pened, that the feeming prevalence of a party was feldom a prognoftic of its long continuance in power and autho rity. THE king, as foon as he received the pope s abfolution Ia62 - from his oath, accompanied with menaces of excommuni cation againft all opponents, trurting to the countenance of the chinch, to the fupport promiied him by many con- fiJerable barons, ^nd to the returning favour of the peo ple, immediately took off the mafk. After juftifying his conduct by a proclamation, in which he fet forth the pri vate d rr-ltio:i, and the breach of truft, confpicuous in Lei- teit~r and his afTociates, he declared, that he had refumed the government, and was determined thenceforth to exert th;- royai authority for the protection of his fubjecls. He removed Hugh le Defpenferand Nicholas de Ely, the juf- ticiary and chancellor appointed by the barons ; and put Philip Ballet and W-iUer de Merton iu their place. He fubftituted new fherifFs iiall the counties, men of character and honour : He placed new governors in molt of the ^pities : He changed all the oHicers of his household : He 2 3 d A P ril r fuminoned a parliament, in which the refumption of his authority was ratified, with only five clilFenting voices: And the barons, after making one fruitlefs etibrt to take the king by furpriie at Winchefler, were obliged to acqui- efce in thofe new regulations*. * M. Paris, p. 668. Chron. T. Wykes, p. 55. 492 HISTORY OF ENGLAND. CHAP. THE king, in order to cut off every objection to his XII. conduct, oHered to refer all the different es between him and the earl of Leicefter, to Margaret queen of France*. 1262. The celebrated integrity of Lewis gave a mighty influence to any decifion uhich iffued from his court; and Henry probably hoped that the gallantry, on which all barons as true knights, valued themfelves, would make them afhamed not to fubmit to the award of that princels. Lewis merited the confidence repofed in him. By an admirable conduct, probably as political as jufr, he continually in- terpof-d his good ofhces to allay the civil difcordsof the Engliih : He ; forwarded all healing meafures, which might give fecurity to both parties: And he ftill endea- tfoured, though in vain, to footh by perfuafion the fierce ambition of the earl of Liecefter, and to convince him how much it was his duty to fubmit peaceably to the au thority of his lovereign. ?26j. THAF bold and artful confpirator was no wife difcou- raged by the bad fuccels of his part enterpriles. The death of Richard earl of Glocefier, who was his chief rival in power, and who, before his deceafe, had joined the royal party, feemcd to open a hew field to his violence, and to expofe the throne to frefh infults and injuries. It was in vain that the kint profefled his intentions of ob- ferving ftriftly the Great Chartei , even of maintaining all the regulations made by the reforming barons at O ford or afterwards, except thofe which entirely annihilated the royal authority : Thefe powerful chieftains, now ob noxious to the court, could not peaceably refign the hopes of entire independence and uncontrolled power, with which they had flattered themfelves, and which they had Civil wars of fo long en joved. Many of them engaged in Liecefier s the barons, views ; and among the reft, Gilbert the young earl of Glocefter, who brought him a mighty acceffion of power, from the extenfive authority pofleiTed by that opulent fa mily. Even Henry, fon o r the king of the Romans, commonly called Henry d Allmaine, though a prince of the blood, joined the party of the barons againft the king, the head of his own family. Leicefler himfelf who ftill refided in France, fecrelly formed the links of this great confpiracy, and planned the whole fcheme of operations. THE princes of Wales, notwithflanding the great pow er of the monarchs, both of the Saxon and Norman line, dill preferved authority in their own country. Though they had often been conftrairied to pay tribute to the Crown of England, they were with difficulty retained irj * Rymer, vol. i. p. 724. HENRY 111. 403 Subordination, or even in peace ; and almofl through every CHAP, reign fmcc the conqueft, they had infefted the Englifh XII. frontiers with fuch petty inourfions and CudHeti inroads, as v ., . fcldom merit to have place in a gener.il hiftory. The Ia6 3- Englifh, ftill content with repelling their invaiion, and chafing them back into their mountains, had never purfu- ed the advantages obtained over them, nor been able, even under their greateft and moft active princes, to fix a total, or Co murh as a feudal Cubjection on the country. This advantage was reCerved to the prelent king, the weakeft and mofi indolent. In the year 1237, Lewellyn prince of Wales, declining in years and broken with infirmities, but ftill more haraffed with the rebellion and undutiful be haviour of his youngeft Con Griffin, had recourie to the protection of Henry ; and conCenting to Cubjeft his prin cipality, which had Co long maintained, or Coon recovered, its independence, to vatTalage under the crown of Eng land, had purchaCed Cecurity and tranquillity on thele dif- honourable terms. His eldeft Con and heir, David, re newed the homage to England ; and having taken his brother prifbner, delivered him into Henry s hands, who committed him to cuftody in the Tower. That prince, endeavouring to make his efcape, loft his life in the attempt ; and the prince of Wales, freed from the apprehenCions of fo dangerous a rival, paid thenceforth lefs regard to the Jlnglifh monarch, and even renewed thole incurfions, by which the Welch, during Co many ages, had been accuf- tomed to infeft the Englifh borders. Lewellyn, however, the Con of Griffin, who Cucceeded to his uncle, had been obliged to renew the homage, which was now claimed by England as an eftablifhed right ; but he was well pleafed to inflame thofe civil diicords, on which he refted his pre- fent fecurity, and founded his hopes of future indepen dence. He entered into a confederacy with the earl of Liecefter, and collecting all the force of his principality, invaded England with an army of 30,000 men. He ra vaged the lands of Roger de Mortimer, and of all the barons who adhered to the crown * ; he marched into Chefhire, and committed like depredations on prince Edward s territories ; every place where his dilbrderiy troops appeared was laid wafle with fire and Cword ; and though Mortimer, a gallant and expert Coldier, made flout refinance, it was found nccefTary that the prince himfelf fhould head the army againd: this invader. Edward repulf- ed Lewellyn, and obliged him to take fhelter in the moun tains of North Wales : But he was prevented from making Chron. Dunft. vol. i. p. 354. 494 HISTORY OF ENGLAND. CHAP, father progrefs againft the cncmv, by the diforders which XII. foon after broke out in England. w,, > THE VVelfh invafion was the appointed fignal for the 1263. ifialoontented barons to rife Inarms; and Leicefter, coming over fecretly from France, colletted all the forces of his party, and commenced an open rebellion. He feized the perfon of the bifhop of Hereford ; a prelate obnoxious to iill the inferior clergy, on account of his devoted attach ment to tire court of Rome*. Simon bifhop of Norwich, and John Manfel, becaufe they had publifhed the pope s bull, abiblving the king and kingdom from their oaths to obferve the provifions of Oxford, were made prifoners, and expofed to the rage of the party. The king s demefnes were ravaged with unbounded furyf; and as it was Leicefter s interefl to allure to his fide, by the hopes of plunder, all the disorderly ruffians in England, he gave them a general licence to pillage the barons of the oppofite party, and even all neutral perfons. But one of the prin cipal refources of his faction was the populace of the cities, particularly of London; and as he had, by his hypocriti cal pretenfions to fanaity, and his zeal again!* Rome, en gaged the monks and lower ecclefiaftics ia his party, his dominion over the inferior ranks of men became uncon trollable. Thomas Fitz-Richard mayor of London, a furious and licentious man, gave the countenance of au thority to thefe diforders in the capital; and having decla red war againft the fubftantial citizens, he loofened all the bands "of government, by which that turbulent city was commonly but ill retrained. On the approach of Eafter, the zeal of fupevftition, the appetite for plunder, or what is often as prevalent with the populace as either of thefe motives, the pleafure of committing havoc and dei- truftion, prompted them to attack the unhappy Jews, who were firft pillaged without refiflance, then madacred to the number of five hundred perfons \. The Lombard bankers were next expofed to the rage of the people ; and though, by taking fanctuary in the churches, they efcaped with their lives, all their money and goods became a prey to the licentious multitude. Even the houfes of the rich citizens, though Englifh, were attacked by night ; and way was made by Iword and by fire to the pillage of their goods, and often to the deftruftion of their perfons. The queen, who, though defended by the Tower, was terrified by the neighbourhood of fuch dangerous commo tions, relblved to go. by water to the caftle of Windfor ; * Trivet, p. 21 1. M. Weft. p. 382. 392. t Trivet, p. 211. M. Weft. p. 382. + Chron. T. Wykes, p. 59. HENRY IH. 495 but as (lie approached the bridge, the populace aflembled C H A P. againrt licr : The cry ran, drown the. witch; and L/elides Xll. abufing her with the molt opprobrious language, and pel- ^ ting her with rotten eggs and dirt, they had prepaied large li " j> ftones to fink her barge, when the fhould attempt to fhoot the bridge; and (he was fo frightened, that (he returned to the Tower*. THE violence and fury of Leicefter s faction had rifen to luch a height in all parts of England, that the king, un able to refill their power, was obliged to let on foot a treaty of peace ; and to make an accommodation with the barons on the mod difadvantageous terms f. He agreed to con- is t h July. firm anew the provifions of Oxford, even thole which en tirely annihilated the royal authority ; and the barons were again re-inflated in the fovereignty of the kingdom. They icftored Hugh le Delpenfer to the office of chief judiciary ; they appointed their own creatures flierirrs in every county of England ; they took pofleiTion of all the royal caftles and forlreiTes . they even named all the officers of the king s houfehold; and they fummoned a parliament to meet at Wedminder, in order to fettle more fully their plan of government. ! hey here produced a new lift of twenty-four barons, to whom they propofed that theadmi- niflration fbould be entirely committed ; and they infided that the authority of this junto (hould continue, not onlV during the reign of the king, but alfo during that of prince Edward.. THIS prin.ce, the life and foul of the royal party, had unhappily, before the king s accommodation with the ba rons, been taken pri loner by Leicefter in a parley at Wind- iorj ; and that misfortune, more than any other incident, had determined Henry to fubmit to the ignominious condi tions itnpoled upon him. But Edward having recovered his liberty by the treaty, employed his activity in defend ing the prerogatives of his family ; and he gained a j>reat party even among thofe who had at firft adhered to the cuule of the barons. Hiscoufin Henry d Allmaine, Roger Bigod earl marelhal, earl Warrenne, Humphrey Bohun earl of Hereford, John lord BaiTct, Ralph Ballet, Hamond i Ellrnnge, Roger Mortimer, Henry de Piercy, Robert de Brus, Roger de Leybourne, with almoft all the lords marchers, as they were called, on the borders of Wales and of Scotland, the mod warlike parts of the kingdom, declared in favour of the roy.il caufe ; and hoftilities, which were fcarcely well compoied, were again renewed Chron. T. Wykes, p. 57. f Chron. Dunfh vol. i. p. 7*8. Trivet, p. -.MI. i M. Paris, p. 669. iil.t;:. y>. ?i. 49 6 HISTORY OF ENGLAND. C H A P. in every part of England. But the near balance of the " XII. parties, joined to the uiiverfal clamour of the people, ob- v , / Hged the king and borons to open anew the negotiations I26 3- for peace; and it was agreed by both fides to lubmit their differences to the arbitration of the king of France *. Tins virtuous prince, the only man who, in like cir- tothck^ cumftances could fafely have been intruded with iuch an of fiance, authority by a neighbouring nation, had never ceafed to interpofe his good offices between the Englith fadtions ; and had even, during the fhort interval of peace, invited over to Paris both the king and the earl of Leicefter, in order to accommodate the differences between them; but found, that the fears and animofities on both fides, as well as the ambition of Leicefter, were fo violent, as to render all his endeavours ineffectual. But when this folemn ap peal, ratified by the oaths and fubfcriptions of the leaders in both factions, was made to his judgment, he was not difcouraged from purfuing his honourable purpoie : he fummoncd theftates of France at Amiens; and there, in the prefcnce of that aflembly, as well as in that of the king of England and Peter de Montfort, Leicefter s fon, " 64> he brought this great caufe to a trial and examination, I appeared to him, that the provifions of Oxford, even had they not been extorted by force, had they not been fo ex orbitant in their nature, and fubverfive of the ancient con- flitution, were exprefsly eftablifhed as a temporary expe dient, and could not, without breach of truft, be rendered 33 d Jan. perpetual by the barons. He therefore annulled thefe pro vifions; reftoredto the king the poffeffion of his catties, and the power of nomination to the great offices ; allowed him to retain what foreigners he pleafed in his kingdom, and even to confer on them places of truft and dignity ; and, in a word, re-eftablifhed the royal power in the lame condition on which it ftood before the meeting of the par liament at Oxford. But while he thus fupprelTed danger- pus innovations, and preferved unimpaired the prerogatives of the Engliih crown, he was not negligent of the rights of the people ; and befides ordering that a general amnefty fhould be granted for all p.ii> offences, he decla.ed, that his award was not any wife meant to derogate from the pri vileges and liberties which the nation enjoyed by any for mer concedions or charters of the crown f. THIS equitable fenteuce was no Iboner known in Eng land, than Leicefter and his confederates determined to M. Fa is, p. 663. Chron. T. VVyVes, p. 5*- W. Kerning, p. 580. Chrcn. Dunft. vol. i. p. j6j. t Rjrmer, vol. i. p. 776. 777. *ic. Chron. T. \Vykes, p. 58. Kivfgh .on, p. 5-H&. HENRY III. 497 reject it, and to have recourfe to arms, in order to pro- CHAP, cure to themfelvesmore fafe and advantageous conditions*. XH. Without regard to his oaths and iublcriptions, that enter- v prifins conlriirator directed his t\vo Ions, Richard and PC- I26 4- i ix r T i i> i Renewal of ter de JVlontfort, in conjunction with Kobert de Ferrars the dvU earl of Derby, to attack the city of Worceftcr ; while wari - Henry and Simon dc Montfort, two others of his Tons, affified by the prince of Wales, were ordered to lay wnfte the eftate of Ro^cr de Mortimer. He himfelf refided at London; and employing as his inflnment Fitz-Richatd the (editions mayor, who had violently and illegally pro longed his authority, he wrought up th;it citv to the higheft ferment and agitation. The populace forn.cd themlelves into bands and companies ; chofe leaders ; practifc-d all military exercifes ; committed violence on the royalifts : And, to give them greater countenance in their disorders, an alTociation was entered into between the city and eigh teen great barons, never to make peace with the king but by common content and approbation. At the head of thofe whohvore to maintain this alTociation, were the earli of Leicefter, Gloceller, and Derbv, with le Defpenfer the chief judiciary ; men- who had all previoufly (worn to fubmit to the award of the French monarch. Their only pretence for this breach of faith was, that the latter part of Lewis s lenience w.is, as they affirmed, a contradiction to the former : He ratified the charter of liberties, yet an nulled the provifions of Oxford, which were only calcu lated, as they maintained, toprelv-nr that charter ; and without which in their eftimition, they had no fecurity for its obiervancc. THE king and prince, finding a civil war inevitable, prepared themfelves for defence ; and fummoning the mi litary v.^flals from all quarters, and being reinforced by Baliol lord of Galloway, Brus lord of Annandale, Henry Piercy, John Cornynf, and other barons of the north, they compofed qn army, formidable, as well from its num bers as its military prowefs and experience. 1 he firft en- tcrprife of the royalifts WHS the attack of Northampton which was defended by Simon de Montfort, with ninny of the principal barons ofih.it party : And a breach Icing made in the walls by Philip Ballet, the place was carried by afiault, and both the go- -Tor and the p:uii!bn were made prilbners. Th;.- ro\ .. i.c<( thoncc to Lcicti- ter and Nottingham; both whii. :i pk-.ccs liuving opened VOL. 1. 3 S * Chron. Dunft. vol. i. ji. ;f>j. j : 1. \>. 77?. . Weil. p. j:> 5. \ i>od. NcijiL. (i. .^69. 49 g HISTORY OF E N G L A N D. C II A? theirg.it.es to them, prince Edward proceeded with a de- XII. tachment into fhccountv of Derby, in order to ravage with -^ f ir e and fword the lands of the earl of that name, and J2&4- take revenge on him for his diiloyalty. Like maxims of war prevailed with both parties throughout England; and the kingdom was thus expoied in a ir.oment to greater de- va^ation, from the animosities of the rival barons, than it would have differed from many years of foreign or even domeftic hoftilities, conduced by more humane and more generous principle*. THE earl of Leicefter, mafler of London, and of the counties in the fouth-eail of England, formed the fiege of Rochtfier, which alone declared for the king in thole parts, and which, befides earl Warrenne, the governor, was garrifoned by many noble powerful barons ot the royal party. The king and prince haftened from Nottingham, where they were then quartered, to the relief of the place; and on their approach, Leiceihr raifed the fiege, and re treated to London, which, being the centre of his power, he was afraid mi^M, m his ablen<;e, fall into the king s hands, either by force, or by a correfppndence with the principal citizens, who were all fecretly inclined to the royal caufe. Reinforced by a great body of Londoners, and having fummoned his paniians from all quarters, he thought himfelf ttrong enough to hazard a general battle with the rovalifts, and to determine the fate of the nation in one great engagement; which, if it proved fuccefbful, mufi be decifue again ft the king. v> ho had no retreat for his broken troops in thole paits ; while Leicefler himfelf, in cafe of anv finifter accident, could eafjly take Ihelter in the city. To give the better colouring to his caufe, he previoutlv fenta meiTage with conditions of peace to Hen ry, fubmitlive in the language, but exorbitant in the de- rnands*; and when the mefTenger returned wilh the \ \e and defiance from the king, the prince, and the king of the Romans, he fenta new mefjage, renouncing, in the name of himfelf and of the aflbciated barons, all fealty and allegi ance to Henry. He then nnrched out of the city with his army, divided into four bodies : The firft commanded by his two ions Henry and Guy da Montfort, together with Humphrey de Bohun earl of Herefo -d, who had defevted to the barons ; the fecond led by the earl of Glocefter, xvith William de Montchelhey and John Fitz-Tohn ; the third, compofedof Londoners, under the command of Ni cholas de Segrave ; the fourth headed by hiirlclf in perfon. The biihop of Chichefter gave a general abfolution to the * M. Pans, p. 669. \V. Heniitig. p. 58.;. HENRY III. arriiy, accompanied with afTuranccs that, if any of them C H A P. fell in the enluing aclion, they would infallibly be received XII. into heaven, as the reward of their luriei ing in fo mcritori- * ous a caufe. Ii6l% LEICESTER, who poflTelTed great talents for war, con- Bnde of duded his march with I uch (kill and lecrecy, that he had well nigh fiirprifed tlie royal ills in their quarters at Lewei ihSuQex: But the vigilance and activity of prince Edward if-uri repaired this negligence ; and lie led out the kind s army to the field in three bodies. He himfeif con ducted the van, attended by e.u 1 \Varrenne and William de Valence : The main body was commanded by the king of the Ko tnus and his fun Henry : The kiiiJ hiniielfwas j.- aced in the rear at the head of his piincipal nobility. Prince Edward rulheri upon the Londoners, who had de manded the poft of honour in leading the rebel army, but wiio, from their ignorance of difcipline and want of experi ence, were ill fitted to refill the gentry and military men, of whom the prince s body was compofcd. They were broken in an inftant ; were cluled ofF the field; and Ed ward, tranlported by his martial ardour, and eager to re venge the infolence oi the Londoners ngainft his mother*, put them to the fword for the lengih of four miles, without gi-ing them any quarter, and without reflect ing on the fate which i l the mean t me attended the reft of the army. The earl of Leiccfter, feeing the rovalifts thrown into con- fisfion by their eagernefs in thepurfuit, led on his remaining troops ag n nft the bodies commanded by the two royal brothers: He defeated with great flaughter the forces head ed by the king of the Romans ; and that prince was obli ged to yield himfeif prilbner to the earl of Glocefter : He penetrated to the body where the king himfeif was placed, threw it into dil order, purfued his advantage, chafed it in to the to\Vn of Lewes, and obliged Henry to furrender himfeif prifonerf. PRINCK Edward, returning to the field of battle from his precipitate pur uu of the Londoners, was aftonimed to find it covered with the dead bodies of his friends, and flill more to hear, that his father and unc e were defeated and taken prisoners, and that Arundel, Comyn, Brus, ILtmond i Eilrange, Roger Leybourne, and many confi- derable barons of his paity, \vere in the hands of the vic torious enemy. Earl \Varrenne, Hugh Bigod, and VVil- !i im de Valence, ft ruck with defpair at this event, imme diately took to flight, hurried to Pevencey, and made * M. Paris p. 670. C hron. "V. \V, -kcs, p. (<-i. \V. Ilennng. p. 583. M. o. jS?. Yixxl. Neuft. p. 469. H. Knyghton, p.*45. f M. i j r:s, 6;o. M. Weft. p. 387. 5 oo HISTORY OF ENGLAND. CHAP, their efcape beyond fea*: But the prince, intrepid amidfl ~ XII. the greateft dilafters, exhorted his troops to revenge the <_ , J death of their friends, to relieve the royal captives, and to 12D -i- fnatch an eafy conqueft from an enemy diibrdered by their own vi&oryt. He found his followers intimidated by their fituation; while Leicefter, afraid of a fudden and violent blow from the prince, amuled him by a feigned negotiation, till he was able to recal his troops from the purfuit, and bring them into order*. There now appear ed no farther refource to the royal party; (unrounded by the armies and garrifons of the enemy, defliruteof forage and provifions. and deprived of their Sovereign, as well as of their principal leaders, who could alone infpirit them to an cbftinate refifbmce. The prince, therefore, was obliged to lubmit to Leicefter s terms, which werej! ort and fevere, agreeably to the fuddennefs and neceffityof the fituation: He Ilipulated, that he and Henry d Alimaine fhould furrendcr themfelves prifoners as pledges in lieu of the two kings; that all other prisoners on both fides fhould be releafcdll; and that, in order to fettle fully the terms of agreement, application fhould be made to the king of France, that he fhould nanu- fix Frenchmen, three prelates, and three noblemen: Thel e fix to chute two others of their own country : And thefe tvo to chufc one Englifhman v .who, in conjunction with themfelves, were to be inverted by both partis with full powers to make what regulations ihey thought proper for the fettlement of the kingdom. 1 he prince and young Henry accordingly delivered themfelvs into Leicefler s hands, who lent them under a guard to Dover caftle. Such are the terms of agreement called the Mife of Lewes, from an obfolete French term of that meaning : For it appears, that all the gentry and nobility of England, who valued themfelves ou their Norman extra6tion, and who difdaincd the lan guage of their native country, made familiar ufe of the French tongue, till this period, and for forne time at- ter. LEICESIER had no fooner obtained this great advan tage, and gotten the whole royal family in his power, than he^openly violated every article of the treaty, and ated as Ibie mafier, and even tvrant of the kingdom. He ftill detained the king in effetl a prifoner, and made ufe of that piince s authority to purpofes the molt prejudicial to his intereits,and the moil oppreifive of his people**, every where di fanned the royalifls, and kept all his own Chion. T. VVykcs, p. 6j. t W. Keinir.?. p. 584. ^.Hemibjg. p. 584. !| M. Parii, p. 671. Knyghtoft, p. 2451. u-r, vol. J. p. 790, 791, ice. HENRY lit. 501 partifans in a military po^ure*: Ho obferved the fame por- C R A F- tial conduct in the deliverance of the cap: . en XI i. threw many of the royaliJls into prilbn, : were taken in the battle of Lewes : 11 carried the kinc; l *** from pi.ice to place, and obliged all the roval c.ifHes, in pretence of Plenty s cominu: Is, to i .d garriion of his o\vu ap-.ioinMimt : All t i i rs of the cro vn and of the . .oufehold were name. * by him ; and ihc; whole authority, as well as irn:s of the fltte, In his hands: lie inftituted in the counties a r.ew kind of magi fir acy, endou-od with new and ..: it ;::/ pnv- ers, that of confervators of . : His avarice appeared barefaced, and mi-iht induce us to uucliioa the greatnefs of his ambition, at leail tie I : hia mind, if we had nut r ,M! on to think, that he intended to employ his acquisitions as the inflruments for attaining futher power and grandeur. He feized theeftates of no lefs than eighteen barons, as his lhare of the fpoil gained in the battle of Lewes: He engrofled to himfelf the ran- fom of all the priloners; and told his barons, with a wan ton Jnlblcnce, that it was fuificient for them, that lie had faved them by that viciory from the forfeitures and attain ders which hung over them $ : He even treated the earl of Glocefter in the fame injurious rrnnner, and applied to his own ufe the ranfom of the kinp: of the Romans, who in the field of battle had yielded himfelf prlfonf r to that nobleman. Henry, his eldeft ion, made a monopoly of all the wool in the kingdom, the only valuable commo dity for foreign markets which it at that time produced]). The inhabitants of the cinque-ports, during the prefent diilblution of government, betook themfelves to the moil licentious piracy, preyed on the (nips of all nations, threw the mariners into the lea, and by thefe practices (con ba - nilhedall merchants from the Mngiifh coails and oarl>ours. Every foreign commodity role to ;m exorlutart piicc ; and woollen cloth, which the Englifh had not then the art of dyin<r, was worn by them white, and without re ceiving the laft hand of the manufacturer. In anf\ver to the complaints which arofe on this occafion, Leicdler re plied, that the kingdom could well e--oi!gh lul fill within itfelf, and neeiied no intercourfe with foreign^:];-.. And it was found, that he even combined with th;: pirates of the cinque ports, and received as his (hare the third of their prizes**. No farther mention was made of the reference to the king of France, fo eiTential an article in the agreement of * Rymer, vol. i. p. 79^. Brack s A;-pea!s, N o. sit, 212. Chron. T. Wyke", P- ( j- t Ryrat-r, voj. i. j;. 792. J Knyg!it;!i, p. 2451. : J Chron. T. Wykes, p. 65. * Ibid, 502 HISTORY OF ENGLAND. CHAP. Lewes ; and Leicefter fummoned a parliament, compofec! XII. altogether of his own partilans, in order to rivet, by their . 1 authority, that power which he had acquired by fo much 1*6.5. violence, and which he ufed with fo much tyranny and injuftire. An ordinance was there patted, to which the king s con lent had been previoufly extorted, that every ad of royal power (hould be exercifed by a council oi nine per forts, who were to be chofen and re moved by the majority of three, Leicefter himfelf, the earl of Glocefter, and the bilhop of Chichefter *. By this intricate plan of government, the fceptre was really put into Leicefter s hands; as he had the entire direction of the bifhop of Chichefter, and thereby commanded all the resolutions of the council of three, who could ap point or difcard at pleafure every member of the lu- preme council. Bur it w s impoffible that things could long remain in this Orange fituation. It behoved Leicefter cither to de- fcend with fome peril into the rank of a fubjecl, or to mount up with no lefs into that of a fovereign ; and his ambition, unreHrained either by fear or by principle, gave too much realon to fufpeft him of the latter intention. Meanwhile, he was expoied to anxiety from every quar ter; and felt that the fmallell incident was capable of over turning that iinmenfe and ill-cemented fabric which he had reared. The queen, whom her hufband had left a- broad, had collected i i foreign parts an army ofdefpe- rate adventurers, and had aiFembled a great number of llnps, with a view of invading the kingdom, and of bring ing relief to her unfortunate family. Lewis, detefting Leicefter s ufurpations and perjuries, and dilgufted at the Englifh barons, who had re f ufed to fubnut to his award, fecretly favoured all her enterprifes, and was get.erally believed to be making preparations for the fame purpofe. An Englidi army, by the pretended authority of the cap tive king, was aflembled on the iea-coait to oppofe this projected invalionfi but Leiceftcr owed his fafety more to crofs winds, which long detained and at laft diiperfed and ruined the queen s fleet, than to any refiftance which, in their preicnt fituation, could have been expected from the Englilh. LEICESTER found himfelf better able to refift the fpi- litual thunders which were levelled againft him. The pope, ftill adhering to the king s caufe againft the barons, di/patched cardinal Guido as his legate into England, with orders to excommunicate, by name, the three earls, Lei- * Rymer, vol. i. p. 793. Biady s App. \o. 213. f Biady s Apj>. No. 216, 217. Chron. Dunft. vol. i. p. 373. M. XVeft. p. Jf;. H E N R Y III. 503 Glocefter, and Norfolk, and all others in general, CHAP, who concurred in the oppreflion and captivitv of their lo- Xli. vereign*. Leicefter menaced the legate with death, if y he let foot within the kingdom ; hut Guido, meeting in 12( M- France the biiliops of Winchefter, London, and VVorcef- ter, who had been lent thither on a negotiation, command ed them, under the penalty of ecclefullical cenfures, to carry his bull into England, and to publilh it againft the barons. When the prelates arrived orF the coaft, they were boarded by the piratical mariners of the cinque- ports, to whom probably they gave a hint of the cargo which they brought along with them : The bull was torn and thrown into the fea ; which furniflied the artful prelates with a plaufible excufe for not obeying the orders of the legate. Leicefter appealed from Guido to the pope in perfon ; but, before (he ambafladors appointed to defend ftiscaufe could reach Rome, the pope was dead ; and they found the legate him/elf, from whom they had appealed, feated on the papal throne, by the name of Urban IV. The daring leader was no wile difmayed with this inci dent ; and as he found that a great part of his popularity m England was founded on liis oppofition to the court of Rome, which was now become odious, he per filled with the more obflinacy in the prolecution o.f his mea- fures. THAT he might both increafe and turn to advantage his 6 . popularity, Leicefter lummoned a new parliament in Lon- aoth jan. don where he knew his power was uncontrollable; and he fixed this aflembly on a more democratical bafis than any which had ever been fummoned fince the foundation of the monarchy. Befides the barons of his own party, and leveral ecclefiaftics, who were not immediate tenants of the crown; he ordered returns to be inade of two knights from each (hire, and, what is more remarkable, ^ c of deputies from the boroughs, an order of men which, in former ages, had always been regarded as too me.in ?> en joy a place in the national councilsf. This period is com monly cfteerned the epoch of the houl e of commons in England ; and it is certainly the lirit time that hiftorians fpeak of any representatives fent to parliament by the bo roughs. In all the general accounts given in preceding times of thole alTemblies, the prelates and barons only are mentioned as the conftituent members ; and even in the moft particular narralivesdelivered of parliamentary tranfac- tions, as in the trial of Thomas a Becket, where the * Rvtivr, vol. i. p. 708. Chion. Dun ft-, vol. :. p. 37^. f Rymer. vol. i. p. 803. 5 o 4 HISTORY OF ENGLAND. CHAP, f each day, and almoft of each hour, are carefully rc- Xll. corded bv contemporary authors *, there is not, through- * ,, out the whole, theleaft appearance of a houfe of commons. J2-5- But though that houle derived its exiftence from fo preca rious, and even fo invidious, an origin as Leicefter s ulur- pation, it ioon proved, when fummoned by the legal princes, one of the moft uleful, and, in procefs of time, one of the molt poueiful members of the national confti- tution ; and gradually refcued the kingdom from ariftocra- tical as well as from regal tyranny. But Leicefter s poli cy, if we mull alcribe to him fo great a bidding, only for warded by ibme years an ihftitution, for which the gene ral Hate of things had already prepared the nation ; and it k othyrwjfe inconceivable, that a plant, let by lo maufpici- ot.sahand, could have attained to lo vigorous a growth, and have tlouriihcd in the miclft of iuch tempefts and con- vulfions. The feudal fyftem, with which the liberty, much more the power, of the commons was totally incom patible, egan gradually to decline ; and both the king and ti;e communally, who felt its inconveniences, contri buted to favour this new power, which was more fubmit- five than the b.irons to the legular authority of the crown, and it the lame time afforded piotecUon to the inferior or ders (j\ the fLte. LEICESTER, having thus affembled a parliament of his own model, and trufting to the attachment of the populace of London, fcized the oppoi tunity of crufhirig his rivals * among the powerful barons. Robert de Feirars earl of Derbv vvasaccufed in the king s name, feized, and com mitted to cullody, without being brought to any Icgaltrialf. John Gilford, menaced with the lame fate, (led from Lon don, and took {belter in the borders of Wales. Even the earl of Glccdter, whole power and influence had fo much contributed to the fucceis of the barons, but who of late was extremely difgufted with Leicefter s aibltrary conduct, found himfeff in danger from the prevailing authority of hisancien confederate; and he retired from parliament |. This known diiVi-ntlon gave-tourage to all LeiceOer s ene mies and to the king s friends, who were now luie ol pro tection from lo potent a leader. Though Roger Mortimer, Hamon L Llirange, and oiiier powerful marchers ot \Vales, !iad been obliged to lea.e the kingdom, their authority llill remained over the territories* fubjedkd to their junl- diction ; and ther^ were many others who were dilpoied to give disturbance to the new government. The anutiofities, * Fit .-Stephen. Hift. Qi ad. Ho< t den, &c. t Chron. T. Wykes, p. 66. Ann. Waved, p. 216. * M. Paris, p. 671. Ann. Waveil. p. 216. HENRY III. 505 infeparable from the feudal ariftocracy, broke out with C HAP. fredi violence, and threatened the kingdom with new con- XII. vulfions and dilorders. THE earl of Leicester, forrounded with thefe difficul- ja ^ ties, embraced a mcafure, from which he hoped to reap fome prelent advantages, but which proved in the end the fource of all his future calamities. The adtive and in trepid prince Edward had languilhed in prifon ever fincc the fatal battle of Lewes; and as he was extremely popular in the kingdom, there arofe a general defue of feeing him again reftored to liberty *. Leicefler finding that he could with difficulty oppofe the concurring wiihes of (he n ition, ftipulated with the prince, that, in return, he fhould order hisaJherents to deliver up to the barons all their caftles, particularly thole on the borders of Wales; and (hould fwear neither to depart the kingdom during three vears, nor introduce into it any foreign forcesf. The ki;i took an oath to the fame effect, and he alfo pilled a charter, in which he confirmed the agreement or Mife of Lewes; and even permitted his fubjectsto rife in arms tgainrt him, if he ihouid ever attempt to infringe it}: So little care did Leicefter take, though he conftant- 1, made ufe of the authority of this captive prince, to preierve to him any appearance of royalty or kingly pre- rogiti"es ! IN coniequence of . this treaty, prince Edward was brought 1:1:0 \VeAminfter-hall, and was declared free by nth Mar. the barons: But inftead of really recovering his liberty, as he had vainly expedted, he found that the whole tranf- action was a fraud on the part of Leicester ; that he him- felf rtill continued a prifoner at large, and was guarded by the crniffaries of that nobleman ; and that, while the faction reaped all the benefit from the performance of his part of the treaty, care was taken that he fhould enjoy no advantage by it. As Glocefter, on his rupture with the ba rons, had retired for fafety to his eftatcs on the borders of Wales; Leiceder followed him with an army to Here ford ||, continued ftill to menace and negotiate; and that he might add authority to his caule, he carried botli the king and prince along with him. The earl of Glocel- ter here concerted with young EJward the manner of that prince s efcape. He found means to convey to him a horfe of extraordinary fwiftnds; and appointed Roger Mortimer, VOL. 1. 3 T * Knyghton, p. 3451. t Ann. \Yyverl. j>. ai(v. Blackifton s Mag. Charta. Chron. Dui. t. vol. i. p. 378. || Chro-i. T. Wykes, p. 67. Ann. V. a <.,.. [ . .i :. W. I!; a..^. p. 58 j, Chron. Dur.ft. vol. i. p. 38 j, jS^. 5 o5 H I S T O R Y O F E N G L A N D. C H A P. who had returned into the kingdom, to be ready at hand XII. with a fmall party to receive the prince, and to guard him to a place of fa f ety. Edward pretended to Mke the air with fome of Leicefter s retinue, who were his guards ; and making matches between their horl es, after lie thought he had tired and blown them fufficiently, he fud- denly mounted Glocefter s nolle, and called to his attefc- dants,that he had long enough en joyed the pleaiureof their company, anu now bid them adieu. They followed him tor fome time, without being able to overtake him ; and the appearance of Mortimer with his company put an end to their pursuit. THE royalifls, ft cretly prepared for this event, imme- diatel flew to arms ; arid the joy of this gallant prince s . deliverance, the opprefilons under which the nation labou red, the expectation of a new fcene of affairs, and the countenance of the earl of Glocefter, procured Edward an army which Leicefler was utterly unable to withftand. This nobleman found himfelf in a remote quarter of the kingdom ; furronnded by his enemies ; barred from all communication with his friends by the Severne, whole bridges Edward had broken down ; and obliged to fight the caufe of his party under thefe multiplied difadvantages. In this extremity he wrote to his fon Simon de Montfort, to haflerifrom London with an army for his relief; and Si mon had advanced to Kenilworth with that view, where, fancying that all Edward s force ami attention were direc ted againft his father, he lay fecure and unguarded. But the prince, making a fudden and forced march, furpriied him in his camp, dilperfed his army, and took the earl of Oxford and man\> other noblemen prifoneis, almoft without refinance. Leicefter, ignorant of his foil s fate, pa (Ted the Severne in boats during Edward s ablence, and lay at Evefham, in expectation of being every hour joined by his friends from London : When the prince, who avai led himfelf of every favourable moment, appeared in the Eattl" of fi e ld before him. Edward made a body of his troops Evefham. advance from the road which K-d to Kenilworth, and 01- and ck-ath dered theai to carry the banners taken from Simon s ar- 4th Aug." m y while he himfelf, making a circuit with the reft of his forces, purpofedto attack the enemy on the other quar ter. Leiceiler was long deceived by this ftratagem, and took onedivifion of Edward s army for his friends ; but at laft, perceiving his miftake, and obicrving the great f upe- rioiity and excellent difpufition of the royalifts, he ex claimed that they had learned from him the art of war, adding, * The Lord have merry on our fouls, for I fee " ourbodiesare the prince s!" The battle immediately HENRY III. 507 began, though on very unequal terms. Leioefter s army, C II A P. by living on the mountains of Wales without bread, XII. which was pot then much uled among the inhabitants, v had been extiemely weakened by ficknefs and delertion, I26 5- and UMS foon broken by the victorious rov alifts; while his Welfh allies, acrufromed only to a defultory kind of war, immediately took to flight, and were purfued wilh great il tughter. Lei - efter himfelf, allying for quarter, was fiain in the heat of the action, with liiseldeft fun Hen ry, iliiLTii le L)-_ : ~penfer, and about an hundred and fixty knights, and many other gentlemen of his party. The o d king had been purpofely placed by the rebels in the front of the b.ittle ; and being clad in armour, and there by not known by his friends, he received a wound, and was in danger of iijs iife: But cry ing ou/, I am Henry of H lnchcjlcr, your king, he was faved ; and put in a place of fafety by hisfon, who fled to his refcue. THE violence, ingratitude, tyranny, rap.icity, and trea chery of the earl of Leiceiler, give a very bad idea of his moral character, arid make us regard his death as the mod fortutiaPe event which in this conjuncture could have hap pened to the lingliih nation : Yet muft we allow the man to have potteiTed great abilities, and the appearance of great virtues, who, though a ftringer, could, at a time when flrangers were the moft odious and the molt univerfally decried, have acquired foextenfive an intereU in the king dom, and have fo nearly paved his way to the throne it- felf. His military capacity,, and his political craft, were equally eminent: He potto rTed the talents both of govern- i ];; men and conducting bufinefs: And though his ambi tion was bound lei s, it leems neither to have exceeded his courage nor his genius; and he had the happinefs of ma king the low populace, as well as the haughty barons, co-operate towards the fuccefs of his felfim and dangerous purpofes. A prince of greater abilities and vigour than Henry might have directed the talents of this noblern3:i either to the exaltation of his throne, or to the good of his people: But the advantages given to Lelcefter, by the weak and variable administration of the king, brought on the ruin of royal authority, and produced great con- fuiions in the kingdom, which, however, in the end pre- ferved and extremely improved national liberty, and the conftitution. His popularity, even after his death, conti nued fo great, tint though he was excommunicated by Rome, the people believed him to be a faint ; and many miracles were faid to be wrought upon h;s tomb *. * ( hron. de Mailr. p. 239. 5 o8 HISTORY OF ENGLAND. CHAP. THE viclory of Eveiham, with the death of Leicefter, XII. proved decifive in favour of the royalifis, and made an equal though an oppofite imprelfion on friends and ene mies in every part of England. The king of the Romans recovered his liberty : The other prifoners of the royal party were not only freed but courted by their keepers ; Fitz-Richard, the feditious mayor of London, who had marked out forty of the moll wealthy citizens for flaugh- ter, immediately flopped his hand on receiving intelligence of this great event : And almoft all the caftles, garriloned by the barons, haftened to make their fubmiflions, and to open their gates to the king. The ifle of Axholme a- lone, and that of Ely, trulHng to the ftrength of their Htuation, ventured to make refinance; but were at lafi re duced, as well as the caftle of Dover, by the valour and activity of prince Edward *. Adam de Gourdon, a cou rageous baron, maintained himfelf during fome time in the forefts of Hamplhire, committed depredations in the neighbourhood, and obliged the prince to lead a body of troops into that country againfl him. Edward attacked the camp of the rebels; and being tranfported by the ar- cJour of battle, leaped over the trench with a few followers, and encountered Gourdon in finfgle combat. The victory was long difputed between. the^ valiant combatants ; but ended at laft in the prince V favour, who wounded his an- tagoniR, threw him from his horfe, and took him prifo- ner. He not only gave him his life ; but introduced him that very night to the queen at Guildford, procured him his pardon, icftored him to his eftate, received him into favour, and was ever after faithfully ferved by hinrf*. A TOTAL victory of the fovereign over fo extenfive a rebellion commonly produces a revolution of government, and ftrengthens, as well as enlarges for fome time the pre rogatives of the crown : Yet nofacrifices of national liber ty were made on thiSqg^cafion ; the Great Charter remain ed Hill in.iolate ,ya?fJB the king, fenfible that his own ba rons, by whofeaffifbnce alone he had prevailed, were no lels jealous of their independence thjn the other party, leems thenceforth to have more carefully abflained from all thole exertions of power which had afroided fo plau- lible a pretence to the rebels. The clemency of this vic tory is alfo remarkable : No blood was fhed on the fcaf- fyld: No attainders, except of the Mountfort family, were carried into execution : And though * parliament aflembled at Wincheller attainted all thole who had borne arms a- guinfl the king, ealy compofitions were made with them * M. Paris, p. 676. \V. Kerning, p. 588. f M. Paris, p. 675. HENRY III. 509 for their lands*; and the highefl fum levied on the moft CHAP, obnoxious oiienders exceeded not five years rent of their XII. eftate. Even the earl of Derby, who again rebelled, after v ./ * having been pardoned and reftored to his fortune, was I2b6 * obliged to pay only leven years rent, and was a fecond time reltored. The mild difpofuion of the king, and the prudence of the prince, tempered the infolence of victory, and gradually reftored order to the feveral members of the (late, disjointed by fo long a continuance of civil wars and commotion THE city of London, which had carried farthefl the rage and animofity againft the king, and which Teemed determined to (land upon its defence after alinofl all the kingdom had fub drifted, wa~, after lome interval, reftored to moft of its liberties and privileges; and F^-Richard the mayor, who had been guilty of fo much illegal vio lence, was only punifhed by fine and imprifonme-nt. The countefs of Leicefler, the king s fifter, who had been ex tremely forward in all attacks on the roval family, was di fmiiled the kingdom, with her two ions, Simon and Guy, who proved very ungrateful for this lenity. Five years afterwards, they aflaffinated, at Viterbo in Italy, their coufin Henry d Allmaine, who at that very time was en deavouring to make their peace with the king ; and by taking fanctuary in the church of the Francifcans, they efcaped the puniihment due to fo great an enormity f. THE merits of the earl of Glocefter, after he returned lt g. to his allegiance, had been fo great in refloring the prince to his liberty, and ainfting him in his victories againft the rebellious barons, that it was almoft impoffible ,to content him in his demands; and his youth and temerity, as well as his great power, tempted him, on fome new difguft, to raife again the flames of rebellion in the kingdom. The mutinous populace of London at his inftigation took to arms ; and the prince was obliged to levy an army of 30,000 men, in order to fupprefs them. Even this fecond rebellion did not provoke the king to any aft of cruelty; and the earl of Glocefter himfelf efcaped with total impu nity. He was only obliged to enter into a bond of 20,000 marks that he fhould never again be guilty of rebellion ; A ftrange method of enforcing the laws, and a proof of the dangerous independence of the barons in thole ages ! Thefe potent nobles were, from the danger of the prece dent, averfe to the execution of the laws of forfeiture and felony againft any of their fellows; though they could not, * M, Paris, p. 675. f Rymer. vol. i. p. 879. vol. ii. p. 4, 5, . Chion. T. \Vykes, p. 94. W. Heming. p. 589. Trivet, p. 240. 5 io HISTORY OF ENGLAND. CHAP- with a good grace, rcfufe to concur in obliging them to XII. fulfil any voluntary contract and engagement into which * ,. they hnd entered. 12 7- Tne prince finding the flate of the kingdom tolerably compofed, was (educed, by his avidity for glory, and by the piejudices of the age, as well as by the earneft folici- tations of the king of France, to undertake an expedition againft the infidels in the Holy Land* ; and he endeavou red previoufly to fettle the ftate in fuel) a manner as to dread no bad efFecls from his abfence. As the formidable power and turbulent dilpofition of the earl of Glocefler gave him apprehenfions, he infifted on carrying him along with him, in confequence of a vow which that nobleman had made to undertake the fame voyage: In the meantime, he obliged him to refign fome of his caftlcs, and to enter into a new bond not to dillurb the peace of the kingdomf. He failed from England with an army ; and arrived in Lewis s camp before Tunis in Africa, where he found that monarch already dead, from the intemperance of the cli mate and the fatigues of his enferprife. The great, if not only weaknefs of this prince in his government, was the imprudent paflion forcrufades; but it was his zeal chiefly that procured him from the clergy the title of St. Lewis, by which he is known in the French hirtorv ; and if that appellation had not been fo extremely proflituted as to be come rather a term of reproach, heieems,by his uniform probity and goodnefs, as well as his piety, to have fully merited the title. He was fucceeded by his fon Philip, denominated the Hardy ; a prince of fome merit, though much inferior to that of his father. 1271. PRINCE Edward, not difcouraged by this event, conti nued his voyage to the Holy Land, where he fignalized himfelf by acts of valour, revived the glory of the Englifh name in thofe parts; and firuck fuch terror into the Saracens, that they employed anaflaflin to murder him, who wounded him in the arm, but perilhed in the attempt $. Meanwhile, his abfence from England was attended with many of thofe pernicious confequences which had been dreaded from it. The laws were not executed : The barons op- prefled the common people with impunity || : They gave ihelter on their eftates to bands of robbers, whom they em ployed in committing ravages on the eftates of their ene mies : The populace of London returned to their ufual licentioufnefs : And thp old king, unequal to the bur then of public affairs, called aloud for his gallant fon to M. Paris, p. 677. f Chron. T. Wykes, p. 90. t M. Paris, p. 678, 67(5. \V. Heming. p. 570. l| Chron. Dunft. vol. i. p. 404. HENRY III. 5 11 return*, and to affift him in fwaying that fceptre which C H A P. was ready to diop from his feeble and irrefolute hands. At Jail, overcome by the cares of government and the in firmities of age, he vifibly declined, and he expired at St. Edmonfbiiry, in the 64<h year of his age, and 56th of his reign ; the long"!} reign that is to be met with in the Engliih annals, lifs brother, the king of the Romans (for he never attained the title of emperor), died about fcven months before him. THE mod obvious circumftance of Henry s character a " d c -- is, his incapacity for government, which rendered him J as much a prilbner in the hands of his own minifters and favourites, and as little at his own difnol.il as when detained a captive in the hands of his enemies. From this iburce, rather than from infinceritv or treachery, arofe his negli gence in oblerving his promifes; and he was too eafily in duced, for the lake of prefent convenience, to facrifice the lafting advantages arifing from the trufl and confidence of his people. Hence too were derived his profufioo to favourites, his attachment to Grangers, the vaiiablenefs of his conduct, his hafty refentmcnts, and his fudden forgive- nefs and returnof affection. IniteaJ of rediuii.i: i! ; n- gerous power of his nobles, by obliging them tooli*..ve the laws towards their inferiors, and Jetting them the falu- tary example in his own government ; he was ieduced to imitate their conduct, and to make his arbitrary will, or rather that of his minifters, the ruleof his actions. Inftead of accommodating himfelf, by a Uriel frugality, to the em- barraffcd fituation in which his revenue had been left, by the military expeditions of his uncle, the diflipations cf his father, and the ufurpations of the barons ; he was tempted to levy money by irregular exations, which, with out enriching himfelf, impoverished, at leaft difguOed his people. Of all men nature feemed leaft to have fitted him for being a tyrant : yet are there inftances of oppref- fion in his reign which, though derived from the f<iece- dcnts left him by his predeceffors, had been carefully guarded agsinft by the Great Charter, and are inconfiftent with all rules of good government. And on the whole we may fay, that greater abilities, with his good dii pofili- ons, would have prevented him from falling into his faults; or, with worfe dilpofnions, would have enabled him to maintain and defend them. THIS prince was noted for his piety and devotion, and his regular attendance on public worfhij) ; and a laying of his on that head is much celebrated by ancient writers. * Rymer, vol. i. p. 869. M. Pans, p. 678. 512 HISTORY OF ENGLAND. CHAP, He u as engaged in a difpute with Lewis IX. of France, XII. concerning the preference between fermons arid rnafles : v He maintained the fuperiority of the latter, and affirmed I2 7 2> that he would rather have one hour s converfation with a friend, than hear twenty the moft elaborate difcouries pro nounced in his praife *. HENRY left two ions, Edward his fucceflbr, and Ed- mond earl of Lancafter; and two daughters, Margaret queen of Scotland, and Beatrix dutchefsot Britanny. He had five other children, who died in their infancy. Mifceiiane- THE following are the moft remarkable laws enacled cms tranf- during this reign. There had been great difputCS between the civil and ecclefiaftical coutts concerning baftardy. The common law had deemed all thofe to be baftards who were born before wedlock : By the ca.noa law they were legiti mate : And when any difpute of inheritance arofr, it had formerly been ufual for the civil courts to ifTue writs to the fpiritual, directing them to inquire into the legitimacy of the perfon. The bimop always returned an anfwer agree able to the canon law, though contrary to the municipal law of the kingdom. For this reafon the civil courts had changed the terms of their writ ; and inftead of requiring the fpiritual courts to make inquifition concerning the le gitimacy of the perfon, they only propofed the fimple quef- tion of fact, whether he were born before or after wed lock? The prelates complained of this practice to the par liament aflembled at Merton in the twentieth of this king, and deiired that the municipal law might be rendered con formable to the canon: But received from all the nobility the memorable reply, Nolumus leges Anglicc mutars^ We, will not change the laws of England *. AFTER the civil wars the parliament fummoned at Marie- bridge gave their approbation to moft of the ordinances which had been eftabHfhcd by the reforming barons, and which, though advantageous to the fecurity of the people, had not received the fanttion of a legal authority. Among other laws it was there enated, that all appeals from the courts of inferior lords Irtould be carried directly to the king s courts, without paffing through the courts of the lords immediately fuperior|. It was ordained ribat money fhould bear no intereft during the minority of the debtor j|. This law was reafonable, as the eftatcs of minors were always in the hands of their lords, and the debtors could not pay intereft where they had no revenue. The char ter of king John had granted this indulgence : It was * Walling. Edw. J. p. 43. f Statute of Merton, chap. 9. ; Stauue of Marleb. -cjjap. co. |{ Ibid- chap. 16. HENRY III. 513 omitte.1 in that of Henry III. for what reafon is not known ; C H A P. but it was renewed by the ftatut; of M.nlebridge. Moft XII. of the other articles of this ftatute arc calcinated to reflrain v "~~~ the oppreffions of fheritFs, and the violence and iniquities committed in diftraining cattle and other goods. Cattle and the inftruments of husbandry formed at that time the chief riches of the people. IN the 3 ,th year of this king an aflize was fixed of bread, the price of which was fettled, according to the different prices of corn, from one (hilling a quarter to feven (hillings and fixpcnce*, money of that age. I hefe great variations are alone a proof of bad tillage f : Yet did the prices often rile much higher than any taken notice of by the ftatutc. The Chronicle of Dunftable tells us, that in tin s reign wheat was once fold for a mark, nay, for a pound a quarter; that is, three pounds of our prefent mo ney J. The fame law affords us a proof of the little com- mu iication between the parts of the kingdom, from the very different prices which the fame commodity bore at the tame time. A brewer, fay the ftatute, may fell two gallons of ale for a penny in cities, and three or four gallons for the fame price in the country. At prefent luch commodities, by the great con fumption of the people, and the great (locks of the brewers, are rather cheapeft in cities. The Chronicle above-mentioned obferves, that wheat one year was fold in many places for eight {hil lings a quarter, but never role in Dunftable above a crown. THOUGH commerce was ftill very low, it feems rather to have increased fince the Cooqneft ; at lead if we may judge of the increafe of money by the price of corn. The medium between the higheil and loweft prices of wheat affigned by the ftatute is four (hillings and three pence a quarter, that is, twelve (hillings and nine pence of our prefent money. This is near half of the middling price in our time. Yet the middling price of cattle, fo lateasthe reign of king Richard, we and to be above eight, near ten times lower than the prefent. Is not this the true inference, from comparing ihcfe facts, that, in all uncivilized nations, cattle, which propagate of themfelves, bear always a lower price than corn, which requires more art and ftock to render it plentiful than thoie nations are pofTelTed of? It is to be remarked, that Henry s aflTize of VOL. I. 2 U \j * Statutes at Large, p. 6. f V.Y learn from Cicero s Oration* a^aiaft Verres, lib. Hi. cap. 84. 02. that the price of corn in Sicily was. during the pnetorfhipof Sacerdos, f^e Denaiii a Modus: during; that of Verres. which immediately fucceeded, only two Sefterces : That is, ten tunes lower ; aprc- fumption, or rather a proof, of tli-; very tad flats of tiilaje in ancient times. + So alfoKnygh .oa, p. 24-14. 5 i 4 HISTORY OF ENGLAND. CHAP, corn was copied from a preceding affize eftablimed by king XII. John; confequently, the prices which we have here com- *_ / pared of corn and cattle may be looked on as contempo- !! 7- rary ; and they were drawn, not from one particular year, but from an eftimation of the middling prices for a feries of vears. It is true, the prices, afh ened by the affize of Richard, were meant as a ftandard for the accompts of fheriffs and efcheatcrs ; and as confiderable profits were allowed to thefe minifters, we may naturally fuppofe, that the common value of cattle was fomewhat higher : Yet ftill, fo great a difference between the prices of corn and cattle as that of four to one, compared to the preleni ratec, affords important reflections concerning the very different (late of induftry and tillage in the two peri ods. INTEREST had in that age mounted to an enormous height, as might be expected from the barbarifm of the times and men s ignorance of commerce. Inftances oc cur of fifty per cent, payed for money*. There is an edict of I hilip Augufhis near this period, limiting the Jews in France to 48 per cent f. Such profits tempted the Tows to remain in the kingdom, notwithftanding the grie vous oppreffions to which, from the prevalent bigotry and rapine of the age, they were continually expofed. It is eafy to imagine how precarious their flate mult have been Tinder an indigent prince, fomewhat retrained in his ty ranny over his native fubje&s, but who pollened an unli mited authority over the Jews, the fole proprietors of mo ney in the kingdom, and hated, on account of their riches, their religion, and their ufury : Yet will our ideas fcarcely come up to the extortions which, in fal, we find to have been praclifed upon them. In the year 1241, 20,000 marks were exacted from them $ : Two years after, mo ney was again extorted ; and one Jew alone, Aaron of York, was obliged to pay above 4000 marks || : In 1250, Henry renewed his oppreflions ; and the fame Aaron was condemned to pay him 30,000 marks upon an accufation of forgery**: The high penalty impoied upon him, and which, it feems, he was thought able lo pay, israthera prefumption of hi>innocence than of his guilt. In 1255, the king demanded 8000 marks from the Jews, and threa tened to hang them if thry refilled compliance. They now loll all patience, and defired leave to retire with their effects out of the kingdom. But the king replied : " How " can 1 remedy the oppreifions you complain of? 1 am my- * M. Paris, p. 586. f Bruffel Traits des Fiefs, vol. i. p. 576. } M. Paris, p. 373. -jj Ibid. p. 410. * Ibici. p. 525. HENRY 111. " felf a beggar. I am fpoiled, I am ftripped of all my C H A P " revenues: 1 owe above 200,000 marks; and if I had XII. " laid 300,000, I fhouid not exceed the truth : I am ob- * , " liged to pay my **bn prince lid ward 15,000 marks a 1S ? 3 - " year : 1 have not a farthing ; and 1 muft have mone\ , " from any hand, from any quarter, or by anv means." He then delivered over the Jews to the earl of Cornwal, that thofe whom the one brother had flayed, the other might embowel, to make ule of the words of the hiftori- an*. King John, his father, once demanded 10,000 marks from a Jew of Briflol ; and on his refufal, ordered one of his teeth to be drawn every day till he fhould comply. The Jew Joft feven teeth; and then paid the fum required of him f. One talliage laid upon the Jews in I 24^ amoun ted to 60,000 marks $ ; a lum equal to the v/hole yearly revenue of the crown. To give a better pretence for extortions, tlie improba ble and abfurd accufation, which has been at different times advanced againll that nation, was revived in Eng land, that they had crucified a child in derifion of the iuf- ferings of Chrift. Eighteen of them were hanged at once for this crime l| : Though it is no wife ctedible, that even the antipathy born them by the Chriflians, and the op- preffions under which they laboured, would ever have pufhed them to be guitly of that dangerous enormity. But it is natural to imagine, that a race, expoied to fucji in- fults and indignities, both from king and people, and who had fo uncertain an enjoyment of their riches, would carry ufury to the utmoft extremity, and by their great profits make themfelves fome compensation for their continual perils. THOUGH thefe als of violence againft the Jews pro ceeded much from bigotry, they were flill more derived from avidity and rapine. So far from defiring in that agv to convert them, it was enacled by law in France, that, if any Jew embraced Chriftianity, he forfeited all his goods, without exception, to the king or his fuperior lord. Thele plunderers were careful, lell the profits accruing from their dominion over that unhappy race fhould be diminifhcd by their converfion * *. COMMERCE muft be in a wretched condition, where intereft was ib high, and where the fuic proprietors oi money employed at in uiury only, and ueie expofcd to iuch extortion and injuftice. But the bad police of tin- country was another obflacle to improvements; and render- * M. Paris, p. 606. f - ! lt)0 - *::,. !o\, j>. i; 2. I) M. Pam. p. 6M. * * Pruffl, vd. H p. fc aa. . - ..bo 5 i6 HISTORY OF ENGLAND. C H A P. ed all communication dangerous, and all property preca- XII. rious. The Chronicle of Dunfiable lays*, that men were v v never fecure in their houfes, and that whole villages were 12 7 2 - often plundered by bands of robbers, though no civil wars at that time prevailed in the kingdom. In 1249, fome years before the infurreclion of the batons, two merchants of Brabant ca: ; ie to the king at Wincefter, and told him, that they had been ipoiled of all their goods by certain robbers, whom they knew, becaufe they law their faces everyday in his court . that like practices prevailed all over England, and travellers were continually expoled to the danger of being robbed, bound, wounded, and mur dered; that thefe crimes elcaped with impunity, becaufe the minifters of juftice thcmfelves were in a confederacy with the robbers; and that they, for their part, inflead of bringing matters to a fruitlefs trial by law, were willing, though merchants, to decide their caufe with the robbeis by arms and a duel. The king, provoked at thele abcfes, ordered a jury to be inciofed, and to try the robbers : The jury, though confiding of twelve men of property in Hamp- fhire, .vere found to bealfo in a confecleiacy with the fe- Jons, and acquitted them. Henry, in a rage, committed the jury to prifcn, threatened them with, levere puni.fn- ment, and ordered a new jury to be inclofed, who, dread ing the fate of their fellows, at laft found a verdict againft the criminals. Many of the king s own houfebold were difcovered to have participated in the guilt ; and they laid, for their exvufe, that thev icceivcd no wages from him, and were obliged to rob for a maintenance f. Knights and efquires, fays the Diftum of Krnclworth, who were rob bers, if they have 110 land, fliall pay the ha/J of their goods, and find fuffident ftcunty to ktcp hence] 01 th the peace of the kingdom. Such were the manners of the times ! ONE can the lets repine, during the prevalence of fuch manners, at the frauds and forgeriers of the clergy ; as it gives lefs difturbance to fociety, to take men s money from them with their own confent, though by deceits and lies,, than to ravifh it by cpen force and violence. During this reign the papal power v/as at its furmmt, and was even beginning infenub-iy to decline, by reafon of the immea- i urable avarice and extortions of the court of Rome, which difgufted the clercy as well as laity, in every kingdom of Europe. England itfelf, though funk in the deepeO al vis of ignorance and iupcrftition, had ferioufly entertained thoughts of {halting off the papal yoke $ ; and the Roman pontiff was obliged to think of new expedients for rivet- * Vol. i. p. i ,3. f M - lads, p. 509. ^ Ibid. p. 421. HENRY 111. 5 i 7 ting it fafter upon the Chriftian world. For this purpofe, CHAP. Gregory IX. publifhed his decretals*; which are a col- XII. leclion of forgeries, favourable to the court of Rome, and * confifl of the fuppoled decrees of popes in the firft centu- -7 9 ries. But thefe forgeries are fo grofs, and confound fo palpably all language, hifiory, chronology, and antiqui ties ; matters more flubborn than any fpeculative truths whatsoever ; that even that chinch, which is not ftartled at the mofi monftrous contradictions and abfurdities, has been obliged to abandon them to the critics. But in the dark period of the thirteenth century, they palled for un- dilputed and authentic ; ai.d men, entangled in the mazes of this falfe literature, joined to the philofophy, equally faHe, of the times, had nothing wherewithal to defend themfelves, but fome Jmall remains of common fenfe, which pafleJ for profanenefsand impiety, and the indeli ble regard to felf-mtereft, which, as it was the fole motive in the priefis for framing thele impoftures, ferved alfo, in fome degree, to protect the laity againfl them. ANOTHER expedient, deviled by the church of Rome, in this period, for fecuring her power, was the inftitution of new religious orders, chiefly the Dominicans and Fran- ci leans, who proceeded with all the zeal and fucccfs that attend novelties ; were better qualified to gain the popu lace than the old orders, now become rich and indolent ; maintained a perpetual rivalfhip with each other in pro moting their gainful fuperflitions; and acquired a great dominion over the minds, and consequently over the purles of men, by pretending a defire of poverty and a contempt for riches. The quarrels which arofe between thele cr- ders, lying dill under the control of the fovereign pon- tirF, never difturhed the peace of the church, and ferved only as a fpur to their induftry in promoting the common caufe; and though the Dominicans lo^ fome popularity by their denial of the immaculate conception, a point in which they unwarily engaged too far to be able to recede with honour, they counterbalanced this difadvantajje by acqui ring more folio cftablifhments, bv gaining the confidence of k.ings and princes, and by exercifing the jurildiclion afligned them, of ultimate judges and punifheisof here- fy. Thus, the feveral orders of monks became a kind of regular troons or garrifons of the Romifh church ; and though the temporal interefts of i ociety, (till more the caufe of true piety, were hurt, by their vai ions devices to captivate the populace, they proved the chief fupports of * Tri-. ei, \>. lot. 518 HISTORY OF ENGLAND. CHAP, that mighty fabric of fuperftition, and, till the revival of XII. true learning, fecured it from any dangerous invafion. v v THE trial by ordeal was abolithed in this reign by or- I2 7 2 - der of council : A faint mark of improvement in the m age *. HENRY granted a charter to the town of Newcafllc, in which he gave the inhabitants a licence to dig coal. This is the firft mention of coal in England. WE learn from Madox f, that this king gave at one time 100 Ihillings to mafter Henry, his poet. Allb the fame year he orders this poet ten pounds. IT appears from Selden, that in the4yth of this reign, a hundred and fifty temporal, and fifty fpiritual barons were fummoned to perform the fervice due by their tenures $. In the 35th of the fubfequent reign, eighty- iix temporal barons, twenty bifhops, and forty-eight abbots, were fummoned to a parliament convened at Carlifle ||. * Rytner, vol. i. p. 228. Spelman. p. 326. f Page 2-6$. * Titles of Honour, part. 2. chap. 3. !j Parl.aiaemary Hifl. vol. i.p. 151. ( 5 9 ) NOTES TO THS FIRST VOLUME, NOTE [A], p. 9. r I ^H I S que(iion has been difputed with as great zeal, and even ar.-iinonr, JL between the Scotch and Irifh antiquaries, as if th , honour of their refpec- tive countries were the moft deeply concerned in the decifion. We fhall not enter into any detail on fo uninterefting a fubjecl ; but fhall propofe our opini on in a few words. It appears more than probable, from the fimilitude of language and manners, that Britain either was originally peopled, or was fub- dued, by the migration of inhabitants from Gaul, and Ireland from Britain : The pofition of the feveral < ountries is an additional rcafon that favours this conelufion. It appears aifoprobable, that the migrations of that colony of Gauls or Celts, who peopled or fubdued Ireland, was originally made frum the north- weft parts of Britain; and th;s conjecture (if it do not merit a higher name) is founded both on the Iriih langud^e, which is a very different dialed from the \Velfh, and from the laniua^e anciently fpoken in .South Britain, and on the vicinity of Lancalhire, Cu nberland, Galloway, and Argylefhire, to that idand. Thefe event?, as they paiied long befo.e the age of hillory and records, muir be known bv reafonii:g alone, which in this cafe icemsto be pretty latisfadlory : Czfar and Tacitus, nut to mention a multitude of other Greek and Rcrryn au thors, were guided by like inferences. But belidesthefe primitive fails wh ; c!i lie in a remote antiquity, it is a matter of politive and undoubted teflimony, that the Roman piovince of Britain, during the time of the lower empire, was much infefted bv bands of robbers or pirates, whom the provincial Britons called Scots or Scuits; a name which was piobably ufed as a term of reproach, and which thefe banditti themfc.ves did not acknowledge or aflume. We may infer from two paifages in Ciaudian, and from one in Orofius, and ano ther in Hidore, that the chief feat of thefe Scots was in Irelan .. 1 hat fome pait of the Ir.fh. freebooteis in. grated hack to the north-weft parts of Britain, whence their anceftors ha. I probably been derived in a more remoteaje, is j.-oli- mely aliened by Bde, and implied in Giidas. 1 grant, that neither Bede nor ^i a:e Calais or f ic.itiiloi; but. fuc .i as the> are, they remain the- fol: teftv- 5 20 NOTES TO THE FIRST VOLUME. tnony on the fubjeft, and therefore muft be relied on for want of better : Hap pily, the frivoloufnefs of the queltion correfponds to the weaknefs of the autho rities. Not to mention, that, if any part of the traditional hiflory of a barbarous people can be relied on, it is the genealogy of nations, and even fometi;nes that of families. It is in vain to argu againft ihele facts from the fuppofed warlike difpolition of the Highlanders, and unwarlike of the ancient Irifh. Thofe arguments are ftill much weaker than the authorities. Nations change very quickly in thefe particulars. The Brito-is were unable to relift the Pitts and Scots, and invited over the Saxons for their defence, who it-pelled thofe invaders: Yet the fame Britons valiantly reiifted, for 150 vears, not only this victorious ba;id of Saxons, but infinite numbers more, who pourtd in upon them from all quarters. Robert Bruce, in 132?, made a peace, in which England, after many defeats, was conftiained to acknowledge the independence of his country : Yet in no more diftant period than ten years after, Scotland was totally fubdued by a fmall handful of tnglifli, led by a few private noble men. All hiftory is full of fuch events. The Irifh Scots, in the couife of two or three centuries, might find time and opportunities furticient to fettle in North Britain, though we can neither alfign the period nor caufes of that revo lution. Their barbarous manner of life rendered them much fitter than the Romans for lubduing thefe nrjuntaineis. And, in a word, it is clear, from the language of the two countries, that the Hizhlandeis and the Irifh are the fame people, and that the one are a colony from the other. We have potiti"e evi dence, which, though from neutral perfons, is not perhaps the belt that may be wilhed for, that the lormer, in the third or fourth century, fprang from the latter : We have no evidence at all that the latter fprang torn the former. I fliall add, that the name of Erfe or Irifh, given b/ the iow country Scots to the language of the Scotch Highlanders, is a certain proof of the naditional opinion delive red from father to fon, that the latter people came originally from Ireland. NOTE [B], p. 33. THERE isafeeminsj contradiction in ancient hiftorians with regard t fome circumftances in the ftory of Edwy and Elgi- a. It is agreed, that this prince had a violent paffion for his fecond or third coufm, Elgiva, whom he married, though within the degrees prohibited by the canons. It is alfo agreed, that he wasdragged from a lady on th^: nay of his coronation, and that the lady was afterwards treated with the (inguiar barbarity above mentioned. The only difference is, that Oiborne and fome others call her hisftrumpet, not his wife, as flie is iaid to be by Maimefbury. Rut this difference is eafily reconciled : For if Edwy married her contrary to the canons, the monks would be fure to deny her to be his wife, and would iniift that (lie could be nothing but his flrumper : So that, on the whole, we may eiteem this reprefentation of the matter as certain ; at leaft, as by far the moft probable. If Kdwy had only kept a mifttefs, it is well known, that there a;e methods of accommodation with the church, which would have prevented the clergy from proceeding to fuch extremities againft him : But his marriage, contrary to the canons, was an infu iton their authority, and called for their hi^ht-ft relentment. NOTE [C], p. 88. MA N Y of theEn?;lifh hiftorians make Edgard s fliips amount to an extra vagant number, 103000, or 3600: See Hoveden, p. 426. Flor. Wi- gorn. p. 607. Abbas Rieval. p. 360. Brompton, p. 869, fays, that Edgar had 4000 veffels. How can thefe accounts be reconciled to probability, and to the fiate of the navy in the time of Alfred ? W. Thome makes the whole number ;. mount only to 300, which ismore probable. The fleet of Ethelred, Edgar s NOTES TO THE FIRST VOLUME. 521 fon, muft have been fhon of 1000 fliips ; yet the Saxon Chronide, p. 137, ftys it wasihe greateft navy that ever had been fsen in England. NOTE [D], p. 1 06. ALMOST all the ancient hiftorians fpeak of this mattacre of the Danes as if It had been universal, and ;,s if every individual of that nation throughout England had been put to death. But the Lanes were almoft the fole inhabitants in the kingdoms of Northumberland and cat! Anglia, and were very numerous in Mercia. This reprefentation therefore, of tbe matter is 1 abfolutelf impoifible. Great reliflance muft ha--e been made, and violent wais enfaed -, which was not the cafe. This account gi v en by \Vallinjclord, though he ftands finzle. muft he ar.mitteu as the only true one. We are to .d, that the name Lurdane, lord Dane, for an idle iazy fellow, who lr. es at other people s essence, came fiom the conduct of the Danes who wn, |>ut to d?ath But the cnglilh ,>rinces had been intirelv marteis for feveral gene rations; and onl. Supported a military corps of that nation. It leems proba- blc, therefore, thai it was theie Danes only that were put to death. NOTE [E], p. r I "* H E ingenious author of the art cle GODWIN, in the Biographia Britannlca, J_ has endeavoured to clear the memory of that nobleman, upon the fup- pontion, that all the Englifli annals had been falfiticd by the Noiman hiflorians after the conqueft. But that this fuppofition has nat much foundation, appears hence, that almoft all thefe hiftorians have given a very good character of his fon Harold, whom it was much more the intereft of the Norman caufe to blacken. NOTE [F], p. TH E whole ftory of the tranfaftions between Edward, Harold, and the duke of Normandy, is told fo differently by the ancient writers, that there arC few important paflages of the Englilh hiftory liable to lo greit uncertainty. I ha v e followed the account which appeared to me the moft coniiftent and proba ble. It does not feem hksly, that Edward ever executed a will in the duke s favour, much lefs that he got it ratified by the Mates of the kingdom, as is affir med by fome. The will would have been known to all, and would have been produced by the Conqueror, to whom it gave ib plauhbl .;, audit-ally fo juft a title; but the doubtful aiv. ambiguous manner in which he feems always to have mentioned it, proves that he could only plead the known intentions of that monarch in his favour, which he wasdefirous to call a will. There is indeed a charter of the Conqueror preferred bv Dr. Hickes, vol. i. where he calls himfclf rexbercditarius, rneanirg heir br will; but a prince, porTefled of fo much power, and attended with fo much luccefs, may employ what pre tence he pleafes ; It is futlicient to refute his pretences to oblerve. that there is a great difference and variation among hittorians, with regaiJ to a point which, had it been real, rnuft have been agreed upon by all of them. Again, fome hiftorians, particularly Malmeibury and Matthew of VVeftminf- ter, attirm that Harold had no intention of going over to Noimandy, but that taking the air in a pleafure-boat on the coaft, he was driven over by ft re fs of weather to the territories of Guy count of Ponthieu : But befides that this ftory is not probable io itfelf, and iscomradifted by inoil of tbe ancient hiftorians, it VOL. 1. 3 X NOTES TO THE FIRST VOLUME. is contradicted by a very curious and authentic monument lately discovered. It is a tapeftry, preferred in the ducal palace of Rouen, and fuppofed to have been wrought by orders of Matilda, wife to the emperor : At leaft it is of verf great antiquity. Harold is there reprefented as taking his departure from king Edward in execution of fome commiffion, and mounting his veflel with a great train. The defign of redeeming his brother and nephew, who were hoftages, is the moft likely caule that can be afligned; and is accordingly mentioned by iadmer, Hoveden, Brompton, and Simeon of Durham. For a farther account of this piece of tapefhy, fee Hiiloire de 1 Academic de Literature, torn. ix. page 535. NOTE [G], p. 150. 1 T appears from the ancient tranflations of the Saxon annals and laws, and *from king Alfred s tranflation of Bede, as well as from all the ancient hif- torians, thar comes in Latin, alderman in Saxon, and earl in Dano-Saxon, were quite fynonimous. There is only a claufe in a law of king Athelftan s (fee Spelm. Cone. p. 406.) which has ftumbled fome antiquaries, and has made them imagine that an earl was fuperior to an alderman. The weregild, or the price of an earl s blood, is there fixed at 15,000 thrimfas, equal to that of anarch- birtiop ; whereas that of a bifhop and alderman is only 8000 thrimfas. To folve this difficulty we muft have recourfe to Selden s conjeclure (fee his Titles of Honour, chap. v. p. 603, 604.}, that the term of earl was in the age of Athel- flan juft beginning to be in ufe in England, and ftood at that time for the athe- ling or prince of the blood, heir to the crown. This he confirms by a law of Canute, 55. where an atheling and an archbifhop are put upon the fame footing. In another law of the fame Athelftan the weregild of the prince or atheling is faid to be 15,000 thrimfas. See Wilkins, p. 71. He is therefore he fame who is called earl in the former law. O T E [Hj, p. iSS. "jT HERE is a paper or record of the family of Sharneborne, which pre- JL tends, that that family, which was Saxon, was reftored upon proving iheir innocence, as well as other Saxon families which were in the fame fitu- ation. Though this paper was able to impofe on fuch great antiquaries as Spelman (fee Gloff. in vetbo Drenges) and Dugdale (See Baron. Vol. i. p. 118.), it is proved by Dr. Brady (lee Anfw. to Petyt, p. u, 12.) to have been a forgery ; and is allowed as fuch by Tyrrel, though a pertinacious defender of his patty notions (fee his Hift. vol. ii. introd. p. 51. 73.). Ingulf, p. 70. tells m. that very early Hereward, though abfent during the time of the conqueft, was turned out of all his eftaie, and could not obtain redrefs. William even plundered the monasteries. Flor. Wigorn. p. 636. Chron. Abb. St. Petri de [lurgo, p. 48. M. Paris, p. 5. Sim. Dun. p. 200. Diceto, p. 482. Bromjp* ton, p. 967. Knyghton, p. 2344. Alur. Beverl. p. 130. We are told by Ingulf, that Ivo de Taillebois plundered the monailery of Croyland of a. gfeat \. ai t of it* land, and no re>.rels could be obtained. NOTE [I], p. 188. ^T" 1 HE obliging of all the inhabitants to put out the fires and lights at rex- X tain hours, upon the founding of a bell, called the courfeau, is reprefen ted by Polydore Virgil, lib. 9. as a mark of the fervitude of the Englifh. But this was a law of police, which William had previouily eflabliflicd in Norman- NOTES TO THE FIRST VOLUME, 523 dy. See du Moulin, Hift.de N ormandie, p. 160. The lame law had place in Scotland. LL. Burgor. cap. 86. NOTE [K], p. 193. WHAT thefe laws/vere of Edward the Confeifor. which the Englifh, every reign during a century and a half, defire fo pafTionately to have reflored, is much difputed by antiquaries, and our ignorance of them feems one of the jreatell defefts in the ancient Englifli hiftory. The colleflion of laws in Wilkins which pafs under the name of Edward, are plainly a pofterior and an ignorant compilation. Thofe to be found in Ingulf are genuine : but fo imperfect, and contain fo few claufes favourable to the fubjeft, that we fee no great reafon for their contending for them fo vehemently. It is probable, that the Englifli meant the common /aw, as it prevailed during the reign of Edward ; which we may conjecture to have been more indulgent to liberty than the Norman inftitutipns. The moft material articles of it were afterwarcs comprehended in Magna Ghana. NOTE [L], p. 210. INGULF, p. 70. H. Hunt. p. 370.372. M. Weft. p. 225. Clui. Neub. p. 357. Alured. Beverl. p. 124. De Geft. Angl. p. 333. M. Pa ris, p. 4. Sim. Dun. p. 206. Brompton, p. 062. 980. 1161. Gervafe lilb. lib. i. cap. 1 6. Textus Roffenfis apud Seld. Spicileg. ad Eadm. p. 179. Gul. Picl. p. 206. Ordericus Vitalis, p. 521. 666. 53. Epift. St. Thorn, p. 801. Gul. Malmef. p. 52. 57. Knyghtoru p. 2354. Eadmer, p. no. Thorn. Rudborne in Ang. Sacra, vol. i. p. 248. Monach. Roff. in Ang. Sacra, vol. ii. p. 276. Girald. Camb. in ea.dem, ml. ii. p. 413. Hift. Elyenfis, p. 516. The words of this laft hiftorian, who is very ancient, are remarkable, and worth trauf ribin;. Re x itayue J afius IVillielmits, quid in principes Anglorum, qui tantae cladifupereffepoterant,fecerit, dicer e, cum nibil profit, entitle. Quid enitn prodejj et.ji nee unum in tato regno deillis dicerem prijiina potejtate uti pcrmijfum, Jed ornnes out in gravem paupertatis eerumnam detruj cs, aut exhared^tos, patria pulfos, aut fjfoffis oculit, -vel caeteris atnputatis membris, opprobrium bominumfac* tat, aut certe miferrime ajfliclos, vita, privates. Simili modo militate carere exij- tintodiare yuid in minoretnpopulum, non folum ah eo,fed afuis aflum Jit, cun: id diclu Jiiamui dijpcile, ei ob immanent crudelitattm fortaj/is incredibile. X O T E [M], p. 552. HENRY, by the feudal cuftoms, was entitled to levy a tax for the mar rying of his eldeft daughter, and he exatfed three (hillings a hyde on all England. H. Hunt. p. 379. Some hiftorians (Brady, p. 270. and 1 yrrel. vol. ii. p. 182.) heedlefsly make this fum amount to above B JO.OOO pcunes of our prefent ino.iey : But it could not exceed 135,000. Five hydes, lome- times lefs, made a knight s fee, of which there were ibout 60,000 in Kn^land, confequently near 300,000 hydes ; and at the rare of three f!iillins,s a hyde, the fum would amount to 45, coo pounds, or 135,000 of our prefent money. See Rudbcrne, p. 257. In the Saxon tim?, there were o.ily computed 243,600 hydes in England. NOTES TO THE FIRST VOLUME, ?: O T [N], p. 2.55- THE legates a latrrc, as they vere ral eil, \veie a k nd of delegates, who- poilefled the full power of the pore in ..11 the iuo inces commuted to iheir charge, and were verv b. fy in extending as we l as exerciling it. Ihev nomi nated to all vacant benefices, aHenilled lyr.on*. and were anxious 10 maintain eccleliaitical pri"ile?es, wfrch never could be felly protected without en croachments on tlie chil power. If there wese the leaft concurrence or opj o- fition, it was alwjvs fiippofed that ihe ci- :1 rov i-r was to t,ive way . Every deed, which had ihe Irait pretence of hoiding of any thing Spiritual, as marri ages, tefiaments, p:onriiflbry caths, we;e truu;iht into the i pirituai court, anj could not bo canvafiea before a ci> ii rnagiuinte. r j hefe weie the ei ablillieJ lawsof the chinch ; and where ale rite u as lent immediately from Rome, he was fuie to maintain ;he papal claims wiin tlie utrnoft ligour: But it w,is an ad\ an!a n e to the king to have the a chnillion of Canteibury appointed legjte, beciafe the connexions of that prelaic wiih the kingdcin teiu ed to modeiatc his mcsl ures. NOTE [O], p. s?<s. WILLIAM of Newbridge, p. 383. (who is copied by later hiftorians), afTerts, that Geoffrey had Ibme title to the counties of Maine and Anjou. He pretends that count Geoffrey, his father, had left him thefe domi nions by a fecret will, and had ordered that his body fliould not be buried, till Henry fliould fwear to the dbferv.ince of it, which he, ignorant of the con tents, was induced to do. But befides that this ftory is not very likely in itfelf, and favours of monkifh fidtion, it is found in no other ancient writer, and is contradicted by fome of them, particularly the monk of Marmoutier, who had better opportunities than Newbridge of knowing the truth. See Vila Gauf. Due. Norman, p. 103. NOTE [P], p. 282. "I" 1 H E fumfcarcely appears credible ; as it would amount to much above J_ half the rent of the whole land. Gervafe is indeed a contemporary au thor ; but churchmen are often guilty of ihange mifiakes of mat nature, and ate commonly but little acquainted with the public revenues. This fum would make 540,000 pounds of our prcfeni money. The Norman Chronicle^ p. 995, fays, that Kenry railed only 60 Angevin fbillings on each knight s fee in his foreign dominions : This is only a fourth of the fum which Gervafe fays he levied on England : An inequality no wife probable. A nation may by degrees be brought to bear a tax of : ;, (hillings in the pound, but a fudden and precarioustax can never be irapofed to that amount, without a very vilible ne"- ceHity, efpecialiy in an age lo little accuilcmed to taxes. In the- fucceeding reign the rent of a knighi s fee was computed at four pounds a year. I here were 60,000 knights ftes in England T7 1 fTther, NOTE [QJ, p. 284. I T Z-S T E P H E N, n. 18. This conduit appears violent and arbi trary ; but was fuitable to the flrain of adminHtration in thofe days. His Geoffrey, though repieiented as a isuld prince, let him an c:\ample of NOTES TO THE FIRST VOLUME. 525 much greater violence. When Geoffrey was matter of Normandy, the chapter of Sf-v preluined, without his content, to proceed to the election of a bilhop ; upon which he ordered all of them, with the biiliop elecl, to be caftrated, and made ail their tefticles be brought him in a platter. Fitz-Steph. p. 44. In the war of Touloufe, Henry laid a heavy and an arbitrary tax on all the church- fs within his dominions. Sec Epiil. Jit. Them. p. 23-;. NOTE [R], p. 29.,. T FOLLOW here the narrative of Fit*- Stephens, who was fecretary to 4- Becketj though, no<hubt, he may be iuf.>e:led of partiality towards his patron. Lord Lyttelton chufes to follow theauthority of a manufcript let ter, or rather manifeflo, of Kolliot, bifliop of London, which is addrelied to Becket himlelf, at the time when the bifliop appealed to the pope from the excommunication pronounced a.;ainft him by hts primate. My reafons, why I give the preference to Fit 7. Stephens, are, ((.) If the friendship of Fitz- Stephens might render him pa::ial to Becket, even after the death of that pre late, ths declared enmity of the bifhopmuit, during his lifcti.ne, have rendered iiim more partial on the other liilc. (2.) 1 IK: bilh^j) was moved by intereft, as well as enmity, to calumniate Becket. He had himfelf to defend againit the fentence of excommunication, dreadful to all, etpecially to a prelate: And no more effectual means than to throw all the blame on his adverfary. (3.) He has a^huily been guilty of palpable camtnnies in that letter Among thefe, 1 reckon thf following : rie affirms, that, when Becket lublcribed the Conftitu- rions of Clarendon, he faid plainly to all the bilhops of England, // it my tr.af- lir"t pie afure , that IJbculJforftvtar myfelf, and at prefint I fubmit toil, and do rrfoh e f) incur a perjury , and repent after-wards as I may. However baibarous tiie times, and however ne^li^-.t zealous chuichmen were then of morality, thafe are not words which a primate of great ferns, aryJ of much feeming fanc- thy, would employ in an affembly of his fuiTiagarrj : He inijht Si upon thefe principles, but never furely would pubkcly allow them. Folliot alfo lays, that all tiie biihops were relblved obiiinately to qppofe the Conftitutions of Clarendon, but the primate himfelf betrayed \:---i}\ from timidity, and led the way to their fubfcribinj. i his is contrary to the teltimony of all the hif- lorians, and direifrly contrary to Beckoi s chaiacK:r. who furely wss not defti- tute either of courage or of zeal for eccleliaibcal immunities. (4.) The vio lence and injufticii of Henry, afcrib^d to him by Fitz-Stephens, is of a piece with the veil of the profecuuon. Nothing could be more iniquitous, than, after two years filence, to make a hidden and unprepared demand upon Becket to the amount cf 44,000 marks (equal to a turn of n,ear a million in our time) and not allow him the lea ft inicv .r 10 bang in his accounts If the king was fo palpab y oppreHive in o::e .!-Lic! k :, he may be prefumed to be equally fo in the reft. (5.) Though t- er, 01 rather ni.u: iv do. be addieiled to i el himfsif, i doe; not rfOijuit!: moir a.ithority 0:1 riia; ..ccount. We know not what ar.l wer v^-> r:u;i" i t .i c-:.e: : i lie collection nf letters cannot be fii]- . qu^ie complete. But I ; ..a xva-, nut ,n,.,ij b;. one (whoever uery "partial to that primate, appears fnJnj the tenor of them, \\ there a- _- many i,aiia: - to him: InicmiiKh that iiu- - of !:v-in Jt (" . Bl with | uniii - . p- iti -ttUrly of i: . .iiji!..- r.u.i!ifwer at all, as not deigning to write 10 an exccmmi cum- j would contaminate, him , a;. . : .ii u..,,ce of his primate, might calumniate him the more freely, (o.; I hough the fentence pronounced on becket by the grta: council implies tliat lie h;id ntiuil..! to indkr any anl A sr to t:-i: forufj iti .: of Fcllior ; For if !Js excufe v.;\ u ici U-d as t.iiU: diid ( rr-di Enfwer. Beckatfubm ttedfo far !>> trie f: j ii! n : - ids and ch^aels, that he ga c !;;,;,, v. ;,!.. ... .1! mat ;un c to queftion the authci)tyf the king icourl . (;.; It mav \><. >Muih O DILT- ving, that both the author of Hittoria qtiadrapartita, an<l Cei ::,,:, icm, writers, Je cc " J:t. - s ii ; hc-ns ; <<nd the Utter is not iit ully vei > ; ct. All the ai.clt i,: iiiuoria-.r. ,rive the liiin-j acicui.t. 526 NOTES TO THE FIRST VOLUME. NOTE [SJ, p. 375- MA D O X, in his Baronia Anglica, cap. 14. tells iri, thfc in the joth of Henry II. thirty-three cows and two bulls coft but eight pounds feven fliillings, monev of that age ; 500 fheep, twenty-two pounds ten {hillings, or about ten pence three farthings per fheep ; fixty-fix oxen, eighteen pounds three {hillings ; fifteen breeding rriares, two pounds twelve fhillings and fix pence ; and twenty-two hogs, one pound two fhillings. Commodities feem then to have been about ten times cheaper than at prefent ; all except the fheep, probably on account of the value of the fleece. The fame author, in his Formulare Angli- canum, p. 17. fays, Tkat in the loth year of Richard I. mention is made of ten per cent, paid for money : But the Jews frequently exacted much highef intereft. END OF THE FIRST VOLUME, BMJRL F form L9-; University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. HAY 1 2(100 : A 000006141 6 p