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completed the destruction of the 'adulterine castles.' One great rebel after another was forced to submit and have his strong walls pulled down. There were to be no more dens of robbers in England, but all men were to obey the king and the law. What castles remained were the king's, and as long as they were his rebellions would not be likely to be successful. Henry even regained from Malcolm IV., king of the Scots, Northumberland and Cumberland, which had been surrendered by Stephen (see p. 133). In his government Henry did his best to carry out the plans of his grandfather, Henry I. It was perhaps because he was afraid that one Justiciar would be too powerful, that he appointed two, Richard de Lucy and the Earl of Leicester, to see that justice was executed and the government maintained whether the king were absent or present. The old Bishop Nigel of Ely was reappointed Treasurer, and presided over the Exchequer at Westminster. Thomas of London, known in later times by the name of Becket,' an active and vigorous man, fifteen years older than the king, who had been ordained a deacon, but had nothing clerical about him except the name, was made Chancellor. Thomas was the king's chosen friend, and the two together delighted in the work of restoring order. Thomas liked sumptuous living, and the magnificence of his housekeeping and of his feasts was the talk of the whole country. Yet though he laughed and jested in the midst of his grandeur, he kept himself from every kind of vice. Henry was fond of horseplay, and once on a bitter winter's day, when he was riding with Thomas, he snatched at a fine new scarlet mantle from the Chancellor's neck to throw to a beggar. Thomas struggled hard, and the two men nearly pulled one another off their horses, but in the end the beggar got the mantle.

3. Henry and Feudality. It was principally with Thomas the Chancellor that Henry consulted as to the best means of establishing his authority. He resolved not only to renew but to extend the administrative system of Henry I. The danger which threatened him came from the great barons, and as the great barons were as dangerous to the lesser ones and to the bulk of the people as they were to the king, Henry was able to strengthen himself by winning the affections of the people. Feudality in itself was only a method of owning land; but it was always threatening to pass into a method of government. In France the great feudal

1 His father's name was Becket, but at that time hereditary surnames had not come into use. He was once called Thomas Becket in his lifetime by one of his murderers as an insult.

1154-1162

HENRY AND THE BARONS

141

lords ruled their own territories with very little regard for the wishes
of the king, and the smaller feudal lords had their own courts in
which they hanged and imprisoned their villeins. In Stephen's
time an attempt had been made to introduce this system into
England, with evil consequences both to king and people. Before
the Conquest great landowners had often received permission from
the king to exercise criminal jurisdiction in the Manor Courts on
their own estates, whilst the vast extent of their landed property
gave them a preponderant voice in the proceedings of the shire-
moots, now known by the Normans as County Courts. Henry
resolved to attack the evil at both ends: in the first place to make
the barons support the king's government instead of setting up
their own; in the second place, to weaken the Manor and County
Courts and to strengthen courts directly proceeding from himself.

4. The Great Council and the Curia Regis.-Henry in the early years of his reign revived the importance of the Great Council, taking care that it should be attended not only by the great barons, but by vassals holding smaller estates, and therefore more dependent on himself. He summoned the Great Council oftener than his predecessors had done. In this way even the greater barons got the habit of sharing in the government of England as a whole, instead of seeking to split up the country, as France was split up, into different districts, each of which might be governed by one of themselves. It was in consequence of the increasing habit of consulting with the king that the Great Council, after many changes, ultimately grew into the modern Parliament. It was of no less importance that Henry II. strengthened the Curia Regis, which had been established in the reign of Henry I. (see p. 127) to collect the king's revenue, to give him political advice, and to judge as many questions as it could possibly get hold of. It was especially by doing justice that the Curia Regis was likely to acquire strength, and the strength of the Curia Regis was in reality the strength of the king.

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5. Scutage. If Henry was to carry out justice everywhere it would be necessary for him to weaken still further the power of the barons. He reintroduced a plan which had been first adopted by his grandfather, which had the double merit of strengthening the king upon the Continent and of weakening the barons in England. Henry needed an army to defend his Continental possessions against the king of France. The fyrd, or general levy of Englishmen, was not bound to fight except at home, and though the feudal vassals were liable to serve abroad, they could only be

made to serve for forty days in the year, which was too short a time for Henry's purposes. He accordingly came to an agreement with his vassals. The owner of every knight's fee was to pay a sum of money known as scutage (shield-money) in lieu of service. Both parties gained by the arrangement. The king got money with which he paid mercenaries abroad, who would fight for him all the year round, and the vassal escaped the onerous duty of fighting in quarrels in which he took no interest. Indirectly the change weakened the feudal vassals, because they had now less opportunity than before of acquiring a military training in actual war.

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Ecclesiastical costume in the twelfth century.

6. Archbishop Thomas. 1162.-Henry, who meditated great judicial reforms, foresaw that the clergy would be an obstacle in his way. He was eager to establish one law for his whole kingdom, and the clergy, having been exempted by the Conqueror from the jurisdiction of the ordinary law courts in all ecclesiastical matters, had, during the anarchy of Stephen's reign, encroached on the royal authority, and claimed to be responsible, even in criminal cases, only to the ecclesiastical courts, which were unable to inflict the penalty of death, so that a clerk who committed a murder could not be hanged like other murderers. As large numbers of clerks were only in the lower orders, and as many of them had only taken those orders to escape from the hardships of lay life, their morals were often no better than those of their lay neighbours. A

1162-1164

HENRY AND THOMAS

143

vacancy occurring in the Archbishopric of Canterbury, Henry, who wished to make these clerks punishable by his own courts, thought that the arrangement would easily be effected if Thomas, who had hitherto been active as a reformer in his service, were Archbishop as well as Chancellor. It was in vain that Thomas remonstrated. "I warn you," he said to Henry, "that, if such a thing should be, our friendship would soon turn to bitter hate." Henry persisted in spite of the warning, and Thomas became Archbishop.

7. Breach between Henry and Thomas.-The first act of the new Archbishop was to surrender his Chancellorship. He was unable, he said, to serve two masters. It is not difficult to understand his motives. The Church, as the best men of the twelfth century believed, was divinely instituted for the guidance of the world. It was but a short step for the nobler spirits amongst the clergy to hold it necessary that, in order to secure the due performance of such exalted duties, the clergy should be exempted from the so-called justice of laymen, which was often only another name for tyranny, even if the exemption led to the infliction upon wicked clerks of lesser punishments than were meet. the clergy would unconsciously fall into the frame of mind which In this way might lead them to imagine it more to the honour of God that a wicked clerk should be insufficiently punished than that he should be punished by a layman. Of all men Archbishop Thomas was the most likely to fall into this mistake. He was, as Chancellor, prone to magnify his office, and to think more of being the originator of great reforms than of the great reforms themselves. As Archbishop he would also be sure to magnify his office, and to think less, as Anselm would have thought, of reconciling the true interests of the kingdom with the true interests of the Church, than of making the Archbishop's authority the centre of stirring movement, and of raising the Church, of which he was the highest embodiment in England, to a position above the power of the king. All this he would do with a great, if not a complete, sincerity. He would feel that he was himself the greater man because he believed that he was fighting in the cause of God.

8. The Constitutions of Clarendon. 1164.-Between a king eager to assert the rights of the crown and an archbishop eager to assert the rights of the clergy a quarrel could not be long deferred. Thomas's first stand, however, was on behalf of the whole country. At a Great Council at Woodstock he resisted the king's resolution to levy the old tax of Danegeld, and in consequence Danegeld was never levied again. Henry had for some time been displeased

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