Chapter III: The Struggle for Constitutional Liberty (1199-1337) (1)

Accession of John.

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

War with Phillip Augustus.

Loss of Normandy.

It seemed for a space as if the new king would succeed in retaining the whole of his brother's inheritance, for King Philip very meanly allowed himself to be bought off by the cession of the county of Evreux, and, when his troops were withdrawn, the Angevin rebels were beaten down, and the duchess of Brittany had to ask for peace for her son. But it had not long been granted, when John proceeded to throw away his advantage by acts of reckless impolicy. Though cunning, he was destitute alike of foresight and of self-control; he could never discern the way in which his conduct would be judged by other men, because he lacked even the rudiments of a conscience. Ere he had been many months on the throne he divorced his wife, Isabella of Gloucester, alleging that their marriage had been illegal because they were within the prohibited degrees. This act offended the English barons, but in choosing a new queen John gave much greater offence abroad; he carried off Isabella of Angouleme from her affianced husband, Hugh of Lusignan, the son of the count of la Marche, his greatest vassal in northern Aquitaine, and married her despite the precontract. This seems to have been an amorous freak, not the result of any deep-laid policy. Roused by the insult the Lusignans took arms, and a great part of the barons of Poitou joined them. They appealed for aid to Philip of France, who judged it opportune to intervene once more. He summoned John to appear before him as suzerain, to answer the complaints of his Poitevin subjects, and when he failed to plead declared war on him and declared his dominions escheated to the French crown for non-fulfilment of his feudal allegiance. He enlisted Arthur of Brittany in his cause by recognizing him once more as the rightful owner of all John's continental fiefs save Normandy, which he intended to take for himself. Philip then entered Normandy, while Arthur led a Breton force into Anjou and Poitou to aid the Lusignans. The fortune of war at first turned in favour of the English king. He surprised his nephew while he was besieging the castle of Mirebeau in Poitou, where the old Queen Eleanor was residing. The young duke and most of his chief supporters were taken prisoners (August 1, 1202). Instead of using his advantage aright, John put Arthur in secret confinement, and after some months caused him to be murdered. He is said also to have starved to death twenty-two knights of Poitou who had been among his captives. The assassination of his nearest kinsman, a mere boy of sixteen, was as unwise as it was cruel. It estranged from the king the hearts of all his French subjects, who were already sufficiently disgusted by many minor acts of brutality, as well as by incessant arbitrary taxation and by the reckless ravages in which John's mercenary troops had been indulging. The French armies met with little or no resistance when they invaded Normandy, Anjou and Poitou. John sat inert at Rouen, pretending to take his misfortunes lightly, and boasting that "what was easily lost could be as easily won back." Meanwhile Philip Augustus conquered all western Normandy, without having to fight a battle. The great castle of Chateau Gaillard, which guards the Lower Seine, was the only place which made a strenuous resistance. It was finally taken by assault, despite of the efforts of the gallant castellan, Roger de Lacy, constable of Chester, who had made head against the besiegers for six months (September 1203-March 1204) without receiving any assistance from his master. John finally absconded to England in December 1203; he failed to return with an army of relief, as he had promised, and before the summer of 1204 was over, Caen, Bayeux and Rouen, the last places that held out for him, had been forced to open their gates. The Norman barons had refused to strike a blow for John, and the cities had shown but a very passive and precarious loyalty to him. He had made himself so well hated by his cruelty and vices that the Normans, forgetting their old hatred of France, had acquiesced in the conquest. Two ties alone had for the last century held the duchy to the English connexion: the one was that many Norman baronial families held lands on this side of the Channel; the second was the national pride which looked upon England as a conquered appendage of Normandy. But the first had grown weaker as the custom arose of dividing family estates between brothers, on the principle that one should take the Norman, the other the English parts of a paternal heritage. By John's time there were comparatively few landholders whose interests were fairly divided between the duchy and the kingdom. Such as survived had now to choose between losing the one or the other section of their lands; those whose holding was mainly Norman adhered to Philip; those who had more land in England sacrificed their transmarine estates. For each of the two kings declared the property of the barons who did not support him confiscated to the crown. As to the old Norman theory that England was a conquered land, it had gradually ceased to exist as an operative force, under kings who, like Henry II. or Richard I., were neither Norman nor English in feeling, but Angevin. John did not, and could not, appeal as a Norman prince to Norman patriotism.

Loss of Anjou, Touraine and Poitou.

The successes of Philip Augustus did not cease with the conquest of Normandy. His armies pushed forward in the south also; Anjou, Touraine and nearly all Poitou submitted to him. Only Guienne and southern Aquitaine held out for King John, partly because they preferred a weak and distant master to such a strenuous and grasping prince as King Philip, partly because they were far more alien in blood and language to their French neighbours than were Normans or Angevins. The Gascons were practically a separate nationality, and the house of Capet had no ancient connexion with them. The kings of England were yet to reign at Bordeaux and Bayonne for two hundred and fifty years. But the connexion with Gascony meant little compared with the now vanished connexion with Normandy. Henry I. or Henry II. could run over to his continental dominions in a day or two days; Dieppe and Harfleur were close to Portsmouth and Hastings. It was a different thing for John and his successors to undertake the long voyage to Bordeaux, around the stormy headlands of Brittany and across the Bay of Biscay. Visits to their continental dominions had to be few and far between; they were long, costly and dangerous when a French fleet--a thing never seen before Philip Augustus conquered Normandy--might be roaming in the Channel. The kings of England became perforce much more home-keeping sovereigns after 1204.

It was certainly not a boon for England that her present sovereign was destined to remain within her borders for the greater part of his remaining years. To know John well was to loathe him, as every contemporary chronicle bears witness. The two years that followed the loss of Normandy were a time of growing discontent and incessant disputes about taxation. The king kept collecting scutages and tallages, yet barons and towns complained that nothing seemed to be done with the money he collected. At last, however, in 1206, the king did make an expedition to Poitou, and recovered some of its southern borders. Yet, with his usual inconsequence, he did not follow up his success, but made a two years' truce with Philip of France on the basis of _uti possidetis_--which left Normandy and all the territories on and about the Loire in the hands of the conqueror.

Quarrel with the Papacy.

It is probable that this pacification was the result of a new quarrel which John had just taken up with a new enemy--the Papacy. The dispute on the question of free election, which was to range over all the central years of his reign, had just begun. In the end of 1205 Hubert Walter, archbishop of Canterbury, had died. The king announced his intention of procuring the election of John de Gray, bishop of Norwich, as his successor; but, though his purpose was well known, the chapter (i.e. the monks of Christ Church, Canterbury) met secretly and elected their sub-prior Reginald as archbishop. They sent him to Rome at once, to receive confirmation from Pope Innocent III., whom they knew to be a zealous champion of the rights of the Church. But John descended upon them in great wrath, and by threats compelled them to hold a second meeting, and to elect his nominee Gray, in whose name application for confirmation was also made to the pope. Innocent, however, seeing a splendid chance of asserting his authority, declared both the elections that had taken place invalid, the first because it had been clandestine, the second because it had been held under _force majeure_, and proceeded to nominate a friend of his own--Cardinal Stephen Langton, an Englishman of proved capacity and blameless life, then resident in Rome. He was far the worthiest of the three candidates, but it was an intolerable invasion of the rights of the English crown and the English Church that an archbishop should be foisted on them in this fashion. The representatives of the chapter who had been sent to Rome were persuaded or compelled to elect him in the pope's presence (Dec. 1206).

King John was furious, and not without good reason; he refused to accept Langton, whom he declared (quite unjustly) to be a secret friend of Philip of France, and sequestrated the lands of the monks of Canterbury. On this the pope threatened to lay an interdict on himself and his realm. The king replied by issuing a proclamation to the effect that he would outlaw any clerk who should accept the validity of such an interdict and would confiscate his lands. Despising such threats Innocent carried out his threat, and put England under the ban of the Church on the 23rd of March 1208.

In obedience to the pope's orders the large majority of the English clergy closed their churches, and suspended the ordinary course of the services and celebration of the sacraments. Baptism and extreme unction only were continued, lest souls should be lost; and marriages were permitted but not inside the walls of churches. Foreseeing the wrath of the king against all who obeyed the mandate from Rome, the larger number of the bishops and many others of the higher clergy fled overseas to escape the storm. Those who were bold enough to remain behind had much to endure. John, openly rejoicing at the plunder that lay before him, declared the temporalities of all who had accepted the interdict, whether they had exiled themselves or no, to be confiscated. His treasury was soon so well filled that he could dispense with ordinary taxation. He also outlawed the whole body of the clergy, save the timid remnant who promised to disregard the papal commands.

Character of John's rule.

Nothing proves more conclusively the strength of the Angevin monarchy, and the decreasing power of feudalism, than that an unpopular king like John could maintain his strife with the pope, and suppress the discontents of his subjects, for nearly five years before the inevitable explosion came. Probably his long immunity was due in the main to the capacity of his strong-handed justiciar Geoffrey Fitz-Peter; the king hated him bitterly, but generally took his advice. The crash only came when Geoffrey died in 1213; his ungrateful master only expressed joy. "Now by God's feet am I for the first time king of England," he exclaimed, when the news reached him. He proceeded to fill the vacancy with a mere Poitevin adventurer, Peter des Roches, whom he had made bishop of Winchester some time before. Indeed John's few trusted confidants were nearly all foreigners, such men as the mercenary captains Gerard of Athies and Engelhart of Cigogne, whom he made sheriffs and castellans to the discontent of all Englishmen. He spent all his money in maintaining bands of hired _Brabancons_ and _routiers_, by whose aid he for some time succeeded in terrorizing the countryside. There were a few preliminary outbreaks of rebellion, which were suppressed with vigour and punished with horrible cruelty. John starved to death the wife and son of William de Braose, the first baron who took arms against him, and hanged in a row twenty-eight young boys, hostages for the fidelity of their fathers, Welsh princes who had dabbled in treason. Such acts provoked rage as well as fear, yet the measure of John's iniquities was not full till 1212. Indeed for some time his persistent prosperity provoked the indignant surprise of those who believed him to be under a curse. If his renewed war with Philip of France was generally unsuccessful, yet at home he held his own. The most astounding instance of his success is that in 1210 he found leisure for a hasty expedition to Ireland, where he compelled rebellious barons to do homage, and received the submission of more than twenty of the local kinglets. It is strange that he came back to find England undisturbed behind him.

John does homage to the pope.

His long-deserved humiliation only began in the winter of 1212-1213, when Innocent III., finding him so utterly callous as to the interdict, took the further step of declaring him deposed from the throne for contumacy, and handing over the execution of the penalty to the king of France. This act provoked a certain amount of indignation in England, and in the spring of 1213 the king was able to collect a large army on Barham Down to resist the threatened French invasion. Yet so many of his subjects were discontented that he dared not trust himself to the chances of war, and, when the fleet of King Philip was ready to sail, he surprised the world by making a sudden and grovelling submission to the pope. Not only did he agree to receive Stephen Langton as archbishop, to restore all the exiled clergy to their benefices, and to pay them handsome compensation for all their losses during the last five years, but he took the strange and ignominious step of declaring that he ceded his whole kingdom to the pope, to hold as his vassal. He formally resigned his crown into the hands of the legate Cardinal Pandulf, and took it back as the pope's vassal, engaging at the same time to pay a tribute of 1000 marks a year for England and Ireland. This was felt to be a humiliating transaction by many of John's subjects, though to others the joy at reconciliation with the Church caused all else to be forgotten. The political effect of the device was all that John had desired. His new suzerain took him under his protection, and forbade Philip of France to proceed with his projected invasion, though ships and men were all ready (May 1213). John's safety, however, was secured in a more practical way when his bastard brother, William Longsword, earl of Salisbury, made a descent on the port of Damme and burnt or sunk a whole squadron of the French transports. After this John's spirits rose, and he talked of crossing the seas himself to recover Normandy and Anjou. But he soon found that his subjects were not inclined to follow him; they were resigned to the loss of the Angevin heritage, whose union with England brought no profit to them, however much it might interest their king. The barons expressed their wish for a peace with France, and when summoned to produce their feudal contingents pleaded poverty, and raised a rather shallow theory to the effect that their services could not be asked for wars beyond seas--against which there were conclusive precedents in the reigns of Henry I. and Henry II. But any plea can be raised against an unpopular king. John found himself obliged to turn back, since hardly a man save his mercenaries had rallied to his standard at Portsmouth. In great anger and indignation he marched off towards the north, with his hired soldiery, swearing to punish the barons who had taken the lead in the "strike" which had defeated his purpose. But the outbreak of war was to be deferred for a space. Archbishop Langton, who on assuming possession of his see had shown at once that he was a patriotic English statesman, and not the mere delegate of the pope, besought his master to hold back, and, when he refused, threatened to renew the excommunication which had so lately been removed. The old justiciar Geoffrey Fitz-Peter, now on his death-bed, had also refused to pronounce sentence on the defaulters. John hesitated, and meanwhile his enemies began to organize their resistance.

Opposition of the barons.

A great landmark in the constitutional history of England was reached when Langton assembled the leading barons, rehearsed to them the charter issued by Henry I. on his accession, and pointed out to them the rights and liberties therein promised by the crown to the nation. For the future they agreed to take this document as their programme of demands. It was the first of the many occasions in English history when the demand for reform took the shape of a reference back to old precedents, and now (as on all subsequent occasions) the party which opposed the crown read back into the ancient grants which they quoted a good deal more than had been actually conceded in them. To Langton and the barons the charter of Henry I. seemed to cover all the customs and practices which had grown up under the rule of the bureaucracy which had served Henry II. and Richard I. A correct historical perspective could hardly be expected from men whose constitutional knowledge only ran back as far as the memory of themselves and their fathers. The Great Charter of 1215 was a commentary on, rather than a reproduction of, the old accession pledges of Henry I.

Alliance against France.

Battle of Bouvines.

Meanwhile John, leaving his barons to discuss and formulate their grievances, pushed on with a great scheme of foreign alliances, by which he hoped to crush Philip of France, even though the aid of the feudal levies of England was denied him. He leagued himself with his nephew the emperor Otto IV. (his sister's son), and the counts of Flanders and Boulogne, with many other princes of the Netherlands. Their plan was that John should land in Poitou and distract the attention of the French by a raid up the Loire, while the emperor and his vassals should secretly mobilize a great army in Brabant and make a sudden dash at Paris. The scheme was not destitute of practical ability, and if it had been duly carried out would have placed France in such a crisis of danger as she has seldom known. It was not John's fault that the campaign failed. He sent the earl of Salisbury with some of his mercenaries to join the confederates in Flanders, while he sailed with the main body of them to La Rochelle, whence he marched northward, devastating the land before him. Philip came out to meet him with the whole levy of France (April 1214), and Paris would have been left exposed if Otto and his Netherland vassals had struck promptly in. But the emperor was late, and by the time that he was approaching the French frontier Philip Augustus had discovered that John's invasion was but a feint, executed by an army too weak to do much harm. Leaving a small containing force on the Loire in face of the English king, Philip hurried to the north with his main army, and on the 27th of July 1214 inflicted a crushing defeat on the emperor and his allies at Bouvines near Lille. This was the greatest victory of the French medieval monarchy. It broke up the Anglo-German alliance, and gave the conqueror undisturbed possession of all that he had won from the Angevin house and his other enemies.

Magna Carta.

Indirectly Bouvines was almost as important in the history of England as in that of France. John returned to England foiled, and in great anger; he resolved to give up the French war, secured a truce with King Philip by abandoning his attempt to reconquer his lost lands on the Loire, and turned to attack the recalcitrant subjects who had refused to join him in his late campaign beyond the Channel. Matters soon came to a head: on hearing that the king was mobilizing his mercenary bands, the barons met at Bury St Edmunds, and leagued themselves by an oath to obtain from the king a confirmation of the charter of Henry I. (November 1214). At the New Year they sent him a formal ultimatum, to which he would not assent, though he opened up futile negotiation with them through the channel of the archbishop, who did not take an open part in the rising. At Easter, nothing having been yet obtained from the king, an army headed by five earls, forty barons, and Giles Braose, bishop of Hereford, mustered at Stamford and marched on London. Their captain was Robert FitzWalter, whom they had named "marshal of the army of God and Holy Church." When they reached the capital its gates were thrown open to them, and the mayor and citizens adhered to their cause (May 17). The king, who had tried to turn them back by taking the cross and declaring himself a crusader, and by making loud appeals for the arbitration of the pope, was forced to retire to Windsor. He found that he had no supporters save a handful of courtiers and officials and the leaders of his mercenary bands; wherefore in despair he accepted the terms forced upon him by the insurgents. On the 15th of June 1215 he sealed at Runnymede, close to Windsor, the famous _Magna Carta_, in face of a vast assembly among which he had hardly a single friend. It is a long document of 63 clauses, in which Archbishop Langton and a committee of the barons had endeavoured to recapitulate all their grievances, and to obtain redress for them. Some of the clauses are unimportant concessions to individuals, or deal with matters of trifling importance--such as the celebrated weirs or "kiddles" on Thames and Medway, or the expulsion of the condottieri chiefs Gerard d'Athies and Engelhart de Cigogne. But many of them are matters of primary importance in the constitutional history of England. The Great Charter must not, however, be overrated as an expression of general constitutional rights; to a large extent it is a mere recapitulation of the claims of the baronage, and gives redress for their feudal grievances in the matters of aids, reliefs, wardships, &c., its object being the repression of arbitrary exactions by the king on his tenants-in-chief. One section, that which provides against the further encroachments of the king's courts on the private manorial courts of the landowners, might even be regarded as retrograde in character from the point of view of administrative efficacy. But it is most noteworthy that the barons, while providing for the abolition of abuses which affect themselves, show an unselfish and patriotic spirit in laying down the rule that all the concessions which the king makes to them shall also be extended by themselves to their own sub-tenants. The clauses dealing with the general governance of the realm are also as enlightened as could be expected from the character of the committee which drafted the charter. There is to be no taxation without the consent of the Great Council of the Realm--which is to consist of all barons, who are to be summoned by individual units; and of all smaller tenants-in-chief, who are to be called not by separate letters, but by a general notice published by the sheriff. It has been pointed out that this provides no representation for sub-tenants or the rest of the nation, so that we are still far from the ideal of a representative parliament. John himself had gone a step farther on the road towards that ideal when in 1213 he had summoned four "discreet men" from every shire to a council at Oxford, which (as it appears) was never held. But this would seem to have been a vain bid for popularity with the middle classes, which had no result at the time, and the barons preferred to keep things in their own hands, and to abide by ancient precedents. It was to be some forty years later that the first appearance of elected shire representatives at the Great Council took place. In 1215 the control of the subjects over the crown in the matter of taxation is reserved entirely for the tenants-in-chief, great and small.

There is less qualified praise to be bestowed on the clauses of Magna Carta which deal with justice. The royal courts are no longer to attend the king's person--a vexatious practice when sovereigns were always on the move, and litigants and witnesses had to follow them from manor to manor--but are to be fixed at Westminster. General rules of indisputable equity are fixed for the conduct of the courts--no man is to be tried or punished more than once for the same offence; no one is to be arrested and kept in prison without trial; all arrested persons are to be sent before the courts within a reasonable time, and to be tried by a jury of their peers. Fines imposed on unsuccessful litigants are to be calculated according to the measure of their offence, and are not to be arbitrary penalties raised or lowered at the king's good pleasure according to the sum that he imagined that the offender could be induced to pay. No foreigners or other persons ignorant of the laws of England are to be entrusted with judicial or administrative offices.

There is only a single clause dealing with the grievances of the English Church, although Archbishop Langton had been the principal adviser in the drafting of the whole document. This clause, "that the English church shall be free," was, however, sufficiently broad to cover all demands. The reason that Langton did not descend to details was that the king had already conceded the right of free canonical election and the other claims of the clerical order in a separate charter, so that there was no need to discuss them at length.

The special clauses for the benefit of the city of London were undoubtedly inserted as a tribute of gratitude on the part of the barons for the readiness which the citizens had shown in adhering to their cause. There are other sections for the benefit of the commons in general, such as that which gives merchants full right of leaving or entering the realm with their goods on payment of the fixed ancient custom dues. But these clauses are less numerous than might have been expected--the framers of the document were, after all, barons and not burghers.

The most surprising part of the Great Charter to modern eyes is its sixty-first paragraph, that which openly states doubts as to the king's intention to abide by his promise, and appoints a committee of twenty-five guardians of the charter (twenty-four barons and the mayor of London), who are to coerce their master, by force of arms if necessary, to observe every one of its clauses. The twenty-five were to hear and decide upon any claims and complaints preferred against the king, and to keep up their numbers by co-optation, so that it would seem that the barons intended to keep a permanent watch upon the crown. The clause seems unnecessarily harsh and violent in its wording; but it must be remembered that John's character was well known, and that it was useless to stand on forms of politeness when dealing with him. It seems certain that the drafters of the charter were honest in their intentions, and did not purpose to set up a feudal oligarchy in the place of a royal autocracy. They were only insisting on the maintenance of what they believed to be the ancient and laudable customs of the realm.

That the barons were right to suspect John is sufficiently shown by his subsequent conduct. His pretence of keeping his promise lasted less than two months; by August 1215 he was already secretly collecting money and hiring more mercenaries. He wrote to Rome to beg the pope to annul the charter, stating that all his troubles had come upon him in consequence of his dutiful conduct to the Holy See. He also stated that he had taken the cross as a crusader, but could not sail to Palestine as long as his subjects were putting him in restraint. Innocent III. at once took the hint; in September Archbishop Langton was suspended for disobedience to papal commands, and the charter was declared uncanonical, null and void. The "troublers of the king and kingdom" were declared excommunicate.

Civil War.

Death of John.

Langton departed at once to Rome, to endeavour to turn the heart of his former patron, a task in which he utterly failed. Many of the clergy who had hitherto supported the baronial cause drew back in dismay at the pope's attitude. But the laymen were resolute, and prepared for open war, which broke out in October 1215. The king, who had already gathered in many mercenaries, gained the first advantage by capturing Rochester Castle before the army of the barons was assembled. So formidable did he appear to them for the moment that they took the deplorable step of inviting the foreign foe to join in the struggle. Declaring John deposed because he had broken his oath to observe the charter, they offered the crown to Louis of France, the son of King Philip, because he had married John's niece Blanche of Castile and could assert in her right a claim to the throne. This was a most unhappy inspiration, and drove into neutrality or even into the king's camp many who had previously inclined to the party of reform. But John did his best to disgust his followers by adopting the policy of carrying out fierce and purposeless raids of devastation all through the countryside, while refusing to face his enemies in a pitched battle. He bore himself like a captain of banditti rather than a king in his own country. Presently, when the French prince came over with a considerable army to join the insurgent barons, he retired northward, leaving London and the home counties to his rival. In all the south country only Dover and Windsor castles held out for him. His sole success was that he raised the siege of Lincoln by driving off a detachment of the baronial army which was besieging it. Soon after, while marching from Lynn towards Wisbeach, he was surprised by the tide in the fords of the Wash and lost part of his army and all his baggage and treasure. Next day he fell ill of rage and vexation of spirit, contracted a dysenteric ailment, and died a week later at Newark (Oct. 19, 1216). It was the best service that he could do his kingdom. Owing to the unwise and unpatriotic conduct of the barons in summoning over Louis of France to their aid, John had become in some sort the representative of national independence. Yet he was so frankly impossible as a ruler that, save the earls of Pembroke and Chester, all his English followers had left him, and he had no one to back him but the papal legate Gualo and a band of foreign mercenaries. When once he was dead, and his heritage fell to his nine-year-old son Henry III., whom none could make responsible for his father's doings, the whole aspect of affairs was changed.

Henry III.

The aged William Marshal, earl of Pembroke, by far the most important and respectable personage who had adhered to John's cause, assumed the position of regent. He at once offered in the name of the young king pardon and oblivion of offences to all the insurgent barons. At the same time he reissued the Great Charter, containing all the important concessions which John had made at Runnymede, save that which gave the control of taxation to the tenants-in-chief. Despite this and certain other smaller omissions, it was a document which would satisfy most subjects of the crown, if only it were faithfully observed. The youth of the king and the good reputation of the earl marshal were a sufficient guarantee that, for some years at any rate, an honest attempt would be made to redeem the pledge. Very soon the barons began to return to their allegiance, or at least to slacken in their support of Louis, who had given much offence by his openly displayed distrust of his partisans and his undisguised preference for his French followers. The papal influence was at the same time employed in the cause of King Henry, and Philip of France was forced to abandon open support of his son, though he naturally continued to give him secret help and to send him succours of men and money.

Battle of Lincoln.

The fortune of war, however, did not turn without a battle. At Lincoln, on the 20th of May 1217, the marshal completely defeated an Anglo-French army commanded by the count of Perche and the earls of Winchester and Hereford. The former was slain, the other two taken prisoners, with more than 300 knights and barons. This was the death-blow to the cause of Louis of France; when it was followed up by the defeat in the Dover Straits of a fleet which was bringing him reinforcements (Aug. 17), he despaired of success and asked for terms. By the treaty of Lambeth (Sept. 11, 1217) he secured an amnesty for all his followers and an indemnity of 10,000 marks for himself. Less than a month later he quitted England; the victorious royalists celebrated his departure by a second reissue of the Great Charter, which contained some new clauses favourable to the baronial interest.

After the departure of Prince Louis and his foreigners the earl marshal had to take up much the same task that had fallen to Henry II. in 1154. Now, as at the death of Stephen, the realm was full of "adulterine castles," of bands of robbers who had cloaked their plundering under the pretence of loyal service to the king or the French prince, and of local magnates who had usurped the prerogatives of royalty, each in his own district. It was some years before peace and order were restored in the realm, and the aged Pembroke died in 1219 before his work was completed. After his decease the conduct of the government passed into the hands of the justiciar Hubert de Burgh, and the papal legate Pandulf, to whom the marshal had specially recommended the young king. Their worst enemies were those who during the civil war had been their best friends, the mercenary captains and upstart knights whom John had made sheriffs and castellans. From 1219 to 1224 de Burgh was constantly occupied in evicting the old loyalists from castles which they had seized or offices which they had disgraced. In several cases it was necessary to mobilize an army against a recalcitrant magnate. The most troublesome of them was Falkes de Breaute, the most famous of King John's foreign _condottieri_, whose minions held Bedford castle against the justiciar and the whole shire levy of eastern England for nearly two months in 1224. The castle was taken and eighty men-at-arms hanged on its surrender, but Falkes escaped with his life and fled to France. It was not till this severe lesson had been inflicted on the faction of disorder that the pacification of England could be considered complete.

The fifty-six years' reign of Henry III. forms one of the periods during which the mere chronicle of events may seem tedious and trivial, yet the movement of national life and constitutional progress was very important. Except during the stirring epoch 1258-1265 there was little that was dramatic or striking in the events of the reign. Yet the England of 1272 was widely different from the England of 1216. The futile and thriftless yet busy and self-important king was one of those sovereigns who irritate their subjects into opposition by injudicious activity. He was not a ruffian or a tyrant like his father, and had indeed not a few of the domestic virtues. But he was constitutionally incapable of keeping a promise or paying a debt. Not being strong-handed or capable, he could never face criticism nor suppress discontent by force, as a king of the type of Henry I. or Henry II. would have done. He generally gave way when pressed, without attempting an appeal to arms; he would then swear an oath to observe the Great Charter, and be detected in violating it again within a few months. His greatest fault in the eyes of his subjects was his love of foreigners; since John had lost Normandy the English baronage had become as national in spirit as the commons. The old Anglo-Norman houses had forgotten the tradition of their origin, and now formed but a small section of the aristocracy; the newer families, sprung from the officials of the first two Henries, had always been English in spirit. Unfortunately for himself the third Henry inherited the continental cosmopolitanism of his Angevin ancestors, and found himself confronted with a nation which was growing ever more and more insular in its ideals. He had all the ambitions of his grandfather Henry II.; his dreams were of shattering the newly-formed kingdom of France, the creation of Philip Augustus, and of recovering all the lost lands of his forefathers on the Seine and Loire. Occasionally his views grew yet wider--he would knit up alliances all over Christendom and dominate the West. Nothing could have been wilder and more unpractical than the scheme on which he set his heart in 1255-1257, a plan for conquering Naples and Sicily for his second son. Moreover it was a great hindrance to him that he was a consistent friend and supporter of the papacy. He had never forgotten the services of the legates Pandulf and Gualo to himself and his father, and was always ready to lend his aid to the political schemes of the popes, even when it was difficult to see that any English interests were involved in them. His designs, which were always shifting from point to point of the continent, did not appeal in the least to his subjects, who took little interest in Poitou or Touraine, and none whatever in Italy. After the troubled times which had lasted from 1214 to 1224 they desired nothing more than peace, quietness and good governance. They had no wish to furnish their master with taxation for French wars, or to follow his banner to distant Aquitaine. But most of all did they dislike his practice of flooding England with strangers from beyond seas, for whom offices and endowments had to be found. The moment that he had got rid of the honest and capable old justiciar Hubert de Burgh, who had pacified the country during his minority, and set the machinery of government once more in regular order, Henry gave himself over to fostering horde after horde of foreign favourites. There was first his Poitevin chancellor, Peter des Roches, bishop of Winchester, with a numerous band of his relations and dependents. As a sample of the king's methods it may be mentioned that he once made over nineteen of the thirty-five sheriffdoms, within a fortnight, to Peter of Rivaux, a nephew of the chancellor. Des Roches was driven from office after two years (1234), and his friends and relatives fell with him. But they were only the earliest of the king's alien favourites; quite as greedy were the second family of his mother, Isabella of Angouleme, who after King John's death had married her old betrothed, Hugh of Lusignan. Henry secured great English marriages for three of them, and made the fourth, Aymer, bishop of Winchester. Their kinsmen and dependents were equally welcomed. Even more numerous and no less expensive to the realm were the Provencal and Savoyard relatives of Henry's queen, Eleanor of Provence. The king made one of her uncles, Boniface of Savoy, archbishop of Canterbury--it was three years before he deigned to come over to take up the post, and then he was discovered to be illiterate and unclerical in his habits, an unworthy successor for Langton and Edmund of Abingdon, the great primates who went before him. Peter of Savoy, another uncle, was perhaps the most shameless of all the beggars for the king's bounty; not only was he made earl of Richmond, but his debts were repeatedly paid and great sums were given him to help his continental adventures.

Simon de Monfort.

King Henry's personal rule lasted from 1232, the year in which he deprived Hubert de Burgh of his justiciarship and confiscated most of his lands, down to 1258. It was thriftless, arbitrary, and lacking in continuity of policy, yet not tyrannical or cruel. If he had been a worse man he would have been put under control long before by his irritated subjects. All through these twenty-six years he was being opposed and criticised by a party which embraced the wisest and most patriotic section of the baronage and the hierarchy. It numbered among its leaders the good archbishop, Edmund of Abingdon, and Robert Grosseteste, the active and learned bishop of Lincoln; it was not infrequently aided by the king's brother Richard, earl of Cornwall, who did not share Henry's blind admiration for his foreign relatives. But it only found its permanent guiding spirit somewhat late in the reign, when Simon de Montfort, earl of Leicester, became the habitual mouthpiece of the grievances of the nation. The great earl had, oddly enough, commenced his career as one of the king's foreign favourites. He was the grandson of Amicia, countess of Leicester, but his father, Simon the Elder, a magnate whose French interests were greater than his English, had adhered to the cause of Philip Augustus in the days of King John and the Leicester estates had been confiscated. Simon, reared as a Frenchman, came over in 1230 to petition for their restoration. He not only obtained it, but to the great indignation of the English baronage married the king's sister Eleanor in 1238. For some time he was in high favour with his brother-in-law, and was looked upon by the English as no better than Aymer de Valence or Peter of Savoy. But he quarrelled with the fickle king, and adhered ere long to the party of opposition. A long experience of his character and actions convinced barons and commons alike that he was a just and sincere man, a friend of good governance, and an honest opponent of arbitrary and unconstitutional rule. He had become such a thorough Englishman in his views and prejudices, that by 1250 he was esteemed the natural exponent of all the wrongs of the realm. He was austere and religious; many of his closest friends were among the more saintly of the national clergy. By the end of his life the man who had started as the king's unpopular minion was known as "Earl Simon the Righteous," and had become the respected leader of the national opposition to his royal brother-in-law.

Condition of England under Henry III.

Beginnings of Parliament.

Though Henry's taxes were vexatious and never-ending, though his subservience to the pope and his flighty interference in foreign politics were ever irritating the magnates and the people, and though outbreaks of turbulence were not unknown during his long period of personal rule, it would yet be a mistake to regard the central years of the 13th century as an unprosperous period for England. Indeed it would be more correct to regard the period as one of steady national development in wealth, culture and unity. The towns were growing fast, and extending their municipal liberties; the necessities of John and the facile carelessness of Henry led to the grant of innumerable charters and privileges. As was to be seen again during the first period of the reign of Charles I., political irritation is not incompatible either with increasing material prosperity or with great intellectual development. The king's futile activity led to ever more frequent gatherings of the Great Council, in which the theory of the constitution was gradually hammered out by countless debates between the sovereign and his subjects. Every time that Henry confirmed the Great Charter, the fact that England was already a limited monarchy became more evident. It is curious to find that--like his father John--he himself contributed unconsciously to advances towards representative government. John's writ of 1213, bidding "discreet men" from each shire to present themselves at Oxford, found its parallel in another writ of 1253 which bids four knightly delegates from each county to appear along with the tenants-in-chief, for the purpose of discussing the king's needs. When county members begin to present themselves along with the barons at the national assembly, the conception of parliament is already reached. And indeed we may note that the precise word "parliament" first appears in the chroniclers and in official documents about the middle of Henry's reign. By its end the term is universally acknowledged and employed.

Intellectual life.

We may discern during these same years a great intellectual activity. This was the time of rapid development in the universities, where not only were the scholastic philosophy and systematic theology eagerly studied, but figures appear like that of the great Roger Bacon, a scientific researcher of the first rank, whose discoveries in optics and chemistry caused his contemporaries to suspect him of magical arts. His teaching at Oxford in 1250-1257 fell precisely into the years of the worst misgovernance of Henry III. It was the same with law, an essentially 13th-century study; it was just in this age that the conception of law as something not depending on the pleasure of the king, nor compiled from mere collected ancestral customs, but existing as a logical entity, became generally prevalent. The feeling is thoroughly well expressed by the partisan of Montfort who wrote in his jingling Latin verse:--

"Dicitur vulgariter 'ut rex vult lex vadit':
Veritas vult aliter: nam lex stat, rex cadit."

Law has become something greater than, and independent of, royal caprice. The great lawyers of the day, of whom Bracton is the most celebrated name, were spinning theories of its origin and development, studying Roman precedents, and turning the medley of half-understood Saxon and Norman customs into a system.

Religious life: the friars.

Intellectual growth was accompanied by great religious activity; it is no longer merely on the old questions of dispute between church and state that men were straining their minds. The reign of Henry III. saw the invasion of England by the friars, originally the moral reformers of their day, who preached the superiority of the missionary life over the merely contemplative life of the old religious orders, and came, preaching holy poverty, to minister to souls neglected by worldly incumbents and political prelates (see MENDICANT MOVEMENT). The mendicants, Dominican and Franciscan, took rapid root in England; the number of friaries erected in the reign of Henry III. is astounding. For two generations they seem to have absorbed into their ranks all the most active and energetic of those who felt a clerical vocation. It is most noteworthy that they were joined by thinkers such as Grosseteste, Adam Marsh, Roger Bacon, Duns Scotus and William of Ockham. Still more striking is the fact that the friars threw themselves energetically into the cause of political reform, and that several of their leading brothers were the close friends and counsellors of Simon de Montfort.

Literature and art.

Architecture and art generally were making rapid strides during this stirring time. The lofty Early English style had now completely superseded the more heavy and sombre Norman, and it was precisely during the years of the maladministration of Henry III. that some of the most splendid of the English cathedrals, Salisbury (1220-1258) and Wells (1230-1239), were built. The king himself, when rearing the new Westminster Abbey over the grave of Edward the Confessor, spent for once some of his money on a worthy object. It may be noted that he showed a special reverence for the old English royal saint, and christened his eldest son after him; while his second bore the name of Edmund, the East Anglian martyr. These were the first occasions on which princes of the Angevin house received names that were not drawn from the common continental stock, but recalled the days before the Conquest. The reappearance of these old English names bears witness to the fact that the vernacular was reasserting itself. Though French was still the language of the court and of law, a new literature was already growing up in the native tongue, with such works as Layamon's _Brut_ and the _Ormulum_ as its first fruits. Henry III. himself on rare occasions used English for a state document.

All these facts make it sufficiently clear that England was irritated rather than crushed by Henry's irregular taxation and thriftless expenditure. The nation was growing and prospering, despite of its master's maladministration of its resources. On several occasions when he endeavoured to commit parliaments to back his bills and endorse his policy, they refused to help him, and left him to face his debts as best he might. This was especially the case with the insane contract which he made with Pope Innocent IV. in 1254, when he bound the realm of England to find 140,000 marks to equip an army for the conquest of Naples and Sicily. Henry lacked the energy to attempt to take by force what he could not obtain by persuasion, and preferred to break his bargain with the pope rather than to risk the chance of civil war at home.

Public discontent. The Provisions of Oxford.