Chapter IX (2)

The clergy and the laity were, during that age, in a strange situation with regard to each other, and such as may seem totally incompatible with a civilized, and, indeed, with any species of government. If a clergyman were guilty of murder, he could be punished by degradation only: if he were murdered, the murderer was exposed to nothing but excommunication and ecclesiastical censures; and the crime was atoned for by penances and submission [z]. Hence the assassins of Thomas à Becket himself, though guilty of the most atrocious wickedness, and the most repugnant to the sentiments of that age, lived securely in their own houses, without being called to account by Henry himself, who was so much concerned, both in honour and interest, to punish that crime, and who professed, or affected on all occasions, the most extreme abhorrence of it. It was not till they found their presence shunned by every one as excommunicated persons that they were induced to take a journey to Rome, to throw themselves at the feet of the pontiff, and to submit to the penances imposed upon them: after which they continued to possess, without molestation, their honours and fortunes, and seemed even to have recovered the countenance and good opinion of the public. But as the king, by the constitutions of Clarendon, which he endeavoured still to maintain [a], had subjected the clergy to a trial by the civil magistrate, it seemed but just to give them the protection of that power to which they owed obedience; it was enacted, that the murderers of clergymen should be tried before the justiciary, in the presence of the bishop or his official; and besides the usual punishment for murder, should be subjected to a forfeiture of their estates, and a confiscation of their goods and chattels [b]. [FN [z] Petri Blessen. epist. 73. apud Bibl. Patr. tom. xxiv. p. 992. [a] Chron. Gervase, p. 1433. [b] Diceto, p. 592. Chron. Gervase, 1433.]

The king passed an equitable law, that the goods of a vassal should not be seized for the debt of his lord, unless the vassal be surety for the debt; and that the rents of vassals should be paid to the creditors of the lord, not to the lord himself. It is remarkable that this law was enacted by the king in a council which he held at Verneuil, and which consisted of some prelates and barons of England, as well as some of Normandy, Poictou, Anjou, Maine, Touraine, and Britany; and the statute took place in all these last-mentioned territories [c], though totally unconnected with each other [d]; a certain proof how irregular the ancient feudal government was, and how near the sovereigns, in some instances, approached to despotism, though in others they seemed scarcely to possess any authority. If a prince, much dreaded and revered, like Henry, obtained but the appearance of general consent to an ordinance which was equitable and just, it became immediately an established law, and all his subjects acquiesced in it. If the prince was hated or despised; if the nobles who supported him had small influence; if the humours of the times disposed the people to question the justice of his ordinance; the fullest and most authentic assembly had no authority. Thus all was confusion and disorder; no regular idea of a constitution; force and violence decided every thing. [FN [c] Bened. Abb. p. 248. It was usual for the kings of England, after the conquest of Ireland, to summon barons and members of that country to the English Parliament. Mollineux's case of Ireland, p. 64, 65, 66. [d] Spellman even doubts whether the law were not also extended to England. If it were not, it could only be because Henry did not choose it; for his authority was greater in that kingdom than in his transmarine dominions.]

The success which had attended Henry in his wars did not much encourage his neighbours to form any attempt against him; and his transactions with them during several years, contain little memorable. Scotland remained in that state of feudal subjection to which he had reduced it, and gave him no farther inquietude. He sent over his fourth son, John, into Ireland, with a view of making a more complete conquest of the island; but the petulance and incapacity of this prince, by which he enraged the Irish chieftains, obliged the king soon after to recall him [e]. The King of France had fallen into an abject superstition; and was induced, by a devotion more sincere than that of Henry, to make a pilgrimage to the tomb of Becket, in order to obtain his intercession for the cure of Philip, his eldest son. He probably thought himself well entitled to the favour of that saint on account of their ancient intimacy; and hoped that Becket, whom he had protected while on earth, would not now, when he was so highly exalted in heaven, forgot his old friend and benefactor. The monks, sensible that their saint's honour was concerned in the case, failed not to publish that Lewis's prayers were answered, and that the young prince was restored to health by Becket's intercession. That king himself was soon after struck with an apoplexy, which deprived him of his understanding: Philip, though a youth of fifteen, took on him the administration, till his father's death, which happened soon after, opened his way to the throne; and he proved the ablest and greatest monarch that had governed that kingdom since the age of Charlemagne. The superior years, however, and experience of Henry, while they moderated his ambition, gave him such an ascendant over this prince, that no dangerous rivalship, for a long time, arose between them. [MN 1180.] The English monarch, instead of taking advantage of his own situation, rather employed his good offices in composing the quarrels which arose in the royal family of France; and he was successful in mediating a reconciliation between Philip and his mother and uncles. These services were but ill requited by Philip, who, when he came to man's estate, fomented all the domestic discords in the royal family of England, and encouraged Henry's sons in their ungrateful and undutiful behaviour towards him. [FN [e] Bened. Abb. p. 437, &c.]

Prince Henry, equally impatient of obtaining power, and incapable of using it, renewed to the king the demand of his resigning Normandy; and on meeting with a refusal, he fled with his consort to the court of France: but not finding Philip at that time disposed to enter into war for his sake, he accepted of his father's offers of reconciliation, and made him submissions. It was a cruel circumstance in the king's fortune, that he could hope for no tranquillity from the criminal enterprises of his sons but by their mutual discord and animosities, which disturbed his family, and threw his state into convulsions. Richard, whom he had made master of Guienne, and who had displayed his valour and military genius by suppressing the revolts of his mutinous barons, refused to obey Henry's orders, in doing homage to his elder brother for that duchy, and he defended himself against young Henry and Geoffrey, who, uniting their arms, carried war into his territories [f]. The king, with some difficulty, composed this difference; but immediately found his eldest son engaged in conspiracies, and ready to take arms against himself. While the young prince was conducting these criminal intrigues, he was seized with a fever at Martel, [MN 1183.] a castle near Turenne, to which he had retired in discontent; and seeing the approaches of death, he was at last struck with remorse for his undutiful behaviour towards his father. He sent a message to the king, who was not far distant; expressed his contrition for his faults; and entreated the favour of a visit, that he might at least die with the satisfaction of having obtained his forgiveness. Henry, who had so often experienced the prince's ingratitude and violence, apprehended that his sickness was entirely feigned, and he durst not intrust himself into his son's hands: but when he soon after received intelligence of young Henry's death, [MN 11th June. Death of young Henry.] and the proofs of his sincere repentance, this good prince was affected with the deepest sorrow; he thrice fainted away; he accused his own hard-heartedness in refusing the dying request of his son; and he lamented that he had deprived that prince of the last opportunity of making atonement for his offences, and of pouring out his soul in the bosom of his reconciled father [s]. This prince died in the twenty-eighth year of his age. [FN [f] Ypod. Neust. p. 451. Bened. Abb. p. 383. Diceto, p. 617. [g] Bened. Abb. p. 393. Hoveden, p. 621. Trivet, vol. i. p. 84.]

The behaviour of his surviving children did not tend to give the king any consolation for the loss. As Prince Henry had left no posterity, Richard was become heir to all his dominions; and the king intended that John, his third surviving son and favourite, should inherit Guienne as his appanage; but Richard refused his consent, fled into that duchy, and even made preparations for carrying on war, as well against his father as against his brother Geoffrey, who was now put in possession of Britany. Henry sent for Eleanor his queen, the heiress of Guienne, and required Richard to deliver up to her the dominion of these territories; which the prince, either dreading an insurrection of the Gascons in her favour, or retaining some sense of duty towards her, readily performed; and he peaceably returned to his father's court. No sooner was this quarrel accommodated, than Geoffrey, the most vicious perhaps of all Henry's unhappy family, broke out into violence; demanded Anjou to be annexed to his dominions of Britany; and on meeting with a refusal, fled to the court of France, and levied forces against his father [h]. [MN 1185.] Henry was freed from this danger by his son's death, who was killed in a tournament at Paris [i]. The widow of Geoffrey, soon after his decease, was delivered of a son, who received the name of Arthur, and was invested in the duchy of Britany, under the guardianship of his grandfather, who, as Duke of Normandy, was also superior lord of that territory. Philip, as lord paramount, disputed some time his title to this wardship; but was obliged to yield to the inclinations of the Bretons, who preferred the government of Henry. [FN [h] Neubrig. p. 422. [i] Bened. Abb. p. 451 Chron. Gervase, p. 1480.]

[MN Crusades.] But the rivalship between these potent princes, and all their inferior interests, seemed now to have given place to the general passion for the relief of the Holy Land, and the expulsion of the Saracens. Those infidels, though obliged to yield to the immense inundation of Christians in the first crusade, had recovered courage after the torrent was past; and attacking on all quarters the settlements of the Europeans, had reduced these adventurers to great difficulties, and obliged them to apply again for succours from the West. A second crusade, under the Emperor Conrade and Lewis VII., King of France, in which there perished above two hundred thousand men, brought them but a temporary relief; and those princes, after losing such immense armies, and seeing the flower of their nobility fall by their side, returned with little honour into Europe. But these repeated misfortunes, which drained the western world of its people and treasure, were not yet sufficient to cure men of their passion for those spiritual adventures; and a new incident rekindled with fresh fury the zeal of the ecclesiastics and military adventurers among the Latin Christians. Saladin, a prince of great generosity, bravery, and conduct, having fixed himself on the throne of Egypt, began to extend his conquests over the East; and finding the settlement of the Christians in Palestine an invincible obstacle to the progress of his arms, he bent the whole force of his policy and valour to subdue that small and barren, but important territory. Taking advantage of dissensions which prevailed among the champions of the cross, and having secretly 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 annihilated the force of the already languishing kingdom of Jerusalem. The holy city itself fell into his hands, after a feeble resistance; the kingdom of Antioch was almost entirely subdued; and except some maritime towns, nothing considerable remained of those boasted conquests, which, near a century before, it had cost the efforts of all Europe to acquire [k]. [FN [k] M. Paris, p. 100.]

[MN 1187.] The western Christians were astonished on receiving this dismal intelligence. Pope Urban III, it is pretended, died of grief, and his successor, Gregory VIII., employed the whole time of his short pontificate in rousing to arms all the Christians who acknowledged his authority. The general cry was, that they were unworthy of enjoying any inheritance in heaven, who did not vindicate from the dominion of the infidel the inheritance of God on earth, and deliver from slavery that country which had been consecrated by the footsteps of their Redeemer. [MN 1188. 21st Jan.] William, Archbishop of Tyre, having procured a conference between Henry and Philip near Gisors, enforced all these topics; gave a pathetic description of the miserable state of the eastern Christians, and employed every argument to excite the ruling passions of the age, superstition and jealousy of military honour [l]. The two monarchs immediately took the cross; many of their most considerable vassals imitated the example [m]; and as the Emperor Frederick I. entered into the same confederacy, some well-grounded hopes of success were entertained; and men flattered themselves that an enterprise which had failed under the conduct of many independent leaders, or of impruddent princes, might, at last, by the efforts of such potent and able monarchs, be brought to a happy issue. [FN [l] Bened. Abb. p. 531. [m] Neubrig. p. 435. Heming, p. 512.]

The kings of France and England imposed a tax, amounting to the tenth of all moveable goods on such as remained at home [n]; but as they exempted from this burden most of the regular clergy, the secular aspired to the same immunity; pretended that their duty obliged them to assist the crusade with their prayers alone; and it was with some difficulty they were constrained to desist from an opposition, which in them who had been the chief promoters of those pious enterprises, appeared with the worst grace imaginable [o]. This backwardness of the clergy is perhaps a symptom, that the enthusiastic ardour which had at first seized the people for crusades, was now by time and ill success considerably abated; and that the frenzy was chiefly supported by the military genius and love of glory in the monarchs. [FN [n] Bened. Abb. p. 498. [o] Petri Blessen. epist. 112.]

But before this great machine could be put in motion, there were still many obstacles to surmount. Philip, jealous of Henry's power, entered into a private confederacy with young Richard; and, working on his ambitious and impatient temper, persuaded him, instead of supporting and aggrandizing that monarchy which he was one day to inherit, to seek present power and independence by disturbing and dismembering it. [MN 1189. Revolt of Prince Richard.] In order to give a pretence for hostilities between the two kings, Richard broke into the territories of Raymond, Count of Toulouse, who immediately carried complaints of this violence before the King of France as his superior lord. Philip remonstrated with Henry; but received for answer, that Richard had confessed to the Archbishop of Dublin, that his enterprise against Raymond had been undertaken by the approbation of Philip himself, and was conducted by his authority. The King of France, who might have been covered with shame and confusion by this detection, still prosecuted his design, and invaded the provinces of Berri and Auvergne, under colour of revenging the quarrel of the Count of Toulouse [p]. Henry retaliated by making inroads upon the frontiers of France, and burning Dreux. As this war, which destroyed all hopes of success in the projected crusade, gave great scandal, the two kings held a conference at the accustomed place between Gisors and Trie, in order to find means of accommodating their differences: they separated on worse terms than before; and Philip, to show his disgust, ordered a great elm, under which the conferences had been usually held, to be cut down [q]; as if he had renounced all desire of accommodation, and was determined to carry the war to extremities against the King of England. But his own vassals refused to serve under him in so invidious a cause [r]; and he was obliged to come anew to a conference with Henry, and to offer terms of peace. These terms were such as entirely opened the eyes of the King of England, and fully convinced him of the perfidy of his son, and his secret alliance with Philip, of which he had before only entertained some suspicion. The King of France required that Richard should be crowned King of England in the lifetime of his father, should be invested in all his transmarine dominions, and should immediately espouse Alice, Philip's sister, to whom he had formerly been affianced, and who had already been conducted into England [s]. Henry had experienced such fatal effects both from the crowning of his eldest son, and from that prince's alliance with the royal family of France, that he rejected these terms; and Richard, in consequence of his secret agreement with Philip, immediately revolted from him [t], did homage to the King of France for all the dominions which Henry held of that crown, and received the investitures as if he had already been the lawful possessor. Several historians assert, that Henry himself had become enamoured of young Alice and mention this as an additional reason for his refusing these conditions: but he had so many other just and equitable motives for his conduct, that it is superfluous to assign a cause, which the great prudence and advanced age of that monarch rendered somewhat improbable. [FN [p] Bened. Abb. p. 508. [q] Bened. Abb. p. 517, 532. [r] Ibid. p. 519. [s] Ibid. p. 521. Hoveden, p. 652. [t] Brompton, p. 114. Neubrig. p. 437.]

Cardinal Albano, the pope's legate, displeased with these increasing obstacles to the crusade, excommunicated Richard, as the chief spring of discord: but the sentence of excommunication, which, when it was properly prepared, and was zealously supported by the clergy, had often great influence in that age, proved entirely ineffectual in the present case. The chief barons of Poictou, Guienne, Normandy, and Anjou, being attached to the young prince, and finding that he had now received the investiture from their superior lord, declared for him, and made inroads into the territories of such as still adhered to the king. Henry, disquieted by the daily revolts of his mutinous subjects, and dreading still worse effects from their turbulent disposition, had again recourse to papal authority; and engaged the Cardinal Anagni, who had succeeded Albano in the legateship, to threaten Philip with laying an interdict on all his dominions. But Philip, who was a prince of great vigour and capacity, despised the menace, and told Anagni, that it belonged not to the pope to interpose in the temporal disputes of princes, much less in those between him and his rebellious vassal. He even proceeded so far as to reproach him with partiality, and with receiving bribes from the king of England [u]; while Richard, still more outrageous, offered to draw his sword against the legate, and was hindered by the interposition alone of the company from committing violence upon him [w]. [FN [u] M. Paris, p. 104. Bened. Abb. p. 542. Hoveden, p. 652. [w] M. Paris, p. 104.]

The King of England was now obliged to defend his dominions by arms, and to engage in a war with France, and with his eldest son, a prince of great valour, on such disadvantageous terms. Ferté-Barnard fell first into the hands of the enemy: Mans was next taken by assault; and Henry, who had thrown himself into that place, escaped with some difficulty [x]: Amboise, Chaumont, and Chateau de Loire, opened their gates on the appearance of Philip and Richard: Tours was menaced; and the king, who had retired to Saumur, and had daily instances of the cowardice or infidelity of his governors, expected the most dismal issue to all his enterprises. While he was in this state of despondency, the Duke of Burgundy, the Earl of Flanders, and the Archbishop of Rheims, interposed with their good offices; and the intelligence which he received of the taking of Tours, and which made him fully sensible of the desperate situation of his affairs, so subdued his spirit that he submitted to all the rigorous terms which were imposed upon him. He agreed that Richard should marry the Princess Alice; that that prince should receive the homage and oath of fealty of all his subjects both in England and his transmarine dominions; that he himself should pay twenty thousand marks to the King of France as a compensation for the charges of the war; that his own barons should engage to make him observe this treaty by force, and in case of his violating it, should promise to join Philip and Richard against him; and that all his vassals who had entered into confederacy with Richard, should receive an indemnity for the offence [y]. [FN [x] Ibid. p. 105. Bened. Abb. p. 543. Hoveden, p. 653. [y] M. Paris, p. 106. Bened. Abb. p. 545. Hoveden, p. 653.]

But the mortification which Henry, who had been accustomed to give the law in most treaties, received from these disadvantageous terms, was the least that he met with on this occasion. When he demanded a list of those barons, to whom he was bound to grant a pardon for their connexions with Richard, he was astonished to find at the head of them the name of his second son John [z]; who had always been his favourite, whose interests he had ever anxiously at heart, and who had even, on account of his ascendant over him, often excited the jealousy of Richard [a]. The unhappy father, already overloaded with cares and sorrows, finding this last disappointment in his domestic tenderness, broke out into expressions of the utmost despair, cursed the day in which he received his miserable being, and bestowed on his ungrateful and undutiful children a malediction which he never could be prevailed on to retract [b]. The more his heart was disposed to friendship and affection, the more he resented the barbarous return which his four sons had successively made to his parental care; and this finishing blow, by depriving him of every comfort in life, quite broke his spirit and threw him into a lingering fever, of which he expired at the Castle of Chinon, near Saumur. [MN 1189. 6th July. Death,] His natural son Geoffrey, who alone had behaved dutifully towards him, attended his corpse to the nunnery of Fontevrault; where it lay in state in the abbey church. Next day Richard, who came to visit the dead body of his father, and who, notwithstanding his criminal conduct, was not wholly destitute of generosity, was struck with horror and remorse at the sight; and as the attendants observed, that, at that very instant, blood gushed from the mouth and nostrils of the corpse [c], he exclaimed, agreeably to a vulgar superstition, that he was his father's murderer; and he expressed a deep sense, though too late, of that undutiful behaviour which had brought his parent to an untimely grave [d]. [FN [z] Hoveden. p. 654. [a] Bened. Abb. p. 541. [b] Hoveden, p. 654. [c] Bened. Abb. p. 547. Brompton, p. 1151. [d] M. Paris, p. 107.]

[MN and character of Henry.] Thus died, in the fifty-eighth year of his age, and thirty-fifth of his reign, the greatest prince of his time, for wisdom, virtue, and abilities, and the most powerful in extent of dominion of all those that had ever filled the throne of England. His character, in private as well as in public life, is almost without a blemish; and he seems to have possessed every accomplishment, both of body and mind, which makes a man either estimable or amiable. He was of a middle stature, strong and well proportioned; his countenance was lively and engaging; his conversation affable and entertaining; his elocution easy, persuasive, and ever at command. He loved peace, but possessed both bravery and conduct in war; was provident without timidity; severe in the execution of justice without rigour; and temperate without austerity. He preserved health, and kept himself from corpulency, to which he was somewhat inclined, by an abstemious diet and by frequent exercise, particularly hunting. When he could enjoy leisure, he recreated himself either in learned conversation or in reading; and he cultivated his natural talents by study, above any prince of his time. His affections, as well as his enmities, were warm and durable; and his long experience of the ingratitude and infidelity of men never destroyed the natural sensibility of his temper, which disposed him to friendship and society. His character has been transmitted to us by several writers who were his contemporaries [e]; and it extremely resembles, in its most remarkable features, that of his maternal grandfather Henry I.: excepting only that ambition, which was a ruling passion in both, found not in the first Henry such unexceptionable means of exerting itself, and pushed that prince into measures which were both criminal in themselves, and were the cause of farther crimes, from which his grandsons conduct was happily exempted. [FN [e] Petri Bles. epist. 46, 47. in Bibliotheca Patrum, vol. xxiv. p. 985, 986, &c. Girald. Camb. p. 783, &c.]

[MN Miscellaneous transactions of this reign.] This prince, like most of his predecessors of the Norman line, except Stephen, passed more of his time on the continent than in this island: he was surrounded with the English gentry and nobility, when abroad: the French gentry and nobility attended him when he resided in England: both nations acted in the government as if they were the same people: and, on many occasions, the legislatures seem not to have been distinguished. As the king and all the English barons were of French extraction, the manners of that people acquired the ascendant, and were regarded as the models of imitation. All foreign improvements, therefore, such as they were, in literature and politeness, in laws and arts, seem now to have been, in a good measure, transplanted into England; and that kingdom was become little inferior, in all the fashionable accomplishments, to any of its neighbours on the continent. The more homely but more sensible manners and principles of the Saxons were exchanged for the affectations of chivalry, and the subtleties of school philosophy: the feudal ideas of civil government, the Romish sentiments in religion, had taken entire possession of the people: by the former, the sense of submission towards princes was somewhat diminished in the barons; by the latter the devoted attachment to papal authority was much augmented among the clergy. The Norman and other foreign families established in England had now struck deep root; and being entirely incorporated with the people, whom at first they oppressed and despised, they no longer thought that they needed protection of the crown for the enjoyment of their possessions, or considered their tenure as precarious. They aspired to the same liberty and independence which they saw enjoyed by their brethren on the continent, and desired to restrain those exorbitant prerogatives and arbitrary practices, which the necessities of war and the violence of conquest had at first obliged them to indulge in their monarch. That memory also of a more equal government under the Saxon princes, which remained with the English, diffused still farther the spirit of liberty, and made the barons both desirous of more independence to themselves, and willing to indulge it to the people. And it was not long ere this secret revolution in the sentiments of men produced, first violent convulsions in the state, then an evident alteration in the maxims of government.

The history of all the preceding Kings of England since the Conquest gives evident proofs of the disorders attending the feudal institutions; the licentiousness of the barons, their spirit of rebellion against the prince and laws, and of animosity against each other: the conduct of the barons in the transmarine dominions of those monarchs afforded perhaps still more flagrant instances of these convulsions; and the history of France, during several ages, consists almost entirely of narrations of this nature. The cities, during the continuance of this violent government, could neither be very numerous nor populous; and there occur instances which seem to evince, that though these are always the first seat of law and liberty, their police was in general loose and irregular, and exposed to the same disorders with those by which the country was generally infested. It was a custom in London for great numbers, to the amount of a hundred or more, the sons and relations of considerable citizens, to form themselves into a licentious confederacy, to break into rich houses and plunder them, to rob and murder the passengers, and to commit with impunity all sorts of disorder. By these crimes, it had become so dangerous to walk the streets by night, that the citizens durst no more venture abroad after sunset than if they had been exposed to the incursions of a public enemy. The brother of the Earl of Ferrars had been murdered by some of those nocturnal rioters; and the death of so eminent a person, which was much more regarded than that of many thousands of an inferior station, so provoked the king, that he swore vengeance against the criminals and became thenceforth more rigorous in the execution of the laws [f]. [FN [f] Bened. Abb. p. 196.]

There is another instance given by historians, which proves to what a height such riots had proceeded, and how open these criminals were in committing their robberies. A band of them had attacked the house of a rich citizen, with an intention of plundering it; had broken through a stone wall with hammers and wedges; and had already entered the house sword in hand; when the citizen armed cap-a-pie, and supported by his faithful servants, appeared in the passage to oppose them; he cut off the right hand of the first robber that entered; and made such stout resistance, that his neighbours had leisure to assemble, and come to his relief. The man who lost his hand was taken; and was tempted by the promise of pardon to reveal his confederates; among whom was one John Senex, esteemed among the richest and best-born citizens in London. He was convicted by the ordeal; and though he offered five hundred marks for his life, the king refused the money, and ordered him to be hanged [g]. It appears from a statute of Edward I. that these disorders 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 lantern [h]. It is said in the preamble to this law, that, both by night and by day, there were continual frays in the streets of London. [FN [g] Ibid. p. 197, 198. [h] Observations on the ancient Statutes, p. 216.]

Henry's care in administering justice had gained him so great a reputation, that even foreign and distant princes made him arbiter, and submitted their differences to his judgment. Sanchez, King of Navarre, having some controversies with Alphonso, King of Castile, was contented, though Alphonso had married the daughter of Henry, to choose this prince for a referee; and they agreed each of them to consign three castles into neutral hands as a pledge of their not departing from his award. Henry made the cause be examined before his great council, and gave a sentence, which was submitted to by both parties. These two Spanish kings sent each a stout champion to the court of England, in order to defend his cause by arms, in case the way of duel had been chosen by Henry [i]. [FN [i] Rymer, vol. iv. p. 43. Bened. Abb. p. 172. Diceto, p. 597. Brompton, p. 1120.]

Henry so far abolished the barbarous and absurd practice of confiscating ships which had been wrecked on the coast, that he ordained, if one man or animal were alive in the ship, that the vessel and goods should be restored to the owners [k]. [FN [k] Rymer, vol. i. p. 36.]

The reign of Henry was remarkable also for an innovation which was afterwards carried farther by his successors, and was attended with the most important consequences. This prince was disgusted with the species of military force which was established by the feudal institutions, and which, though it was extremely burdensome to the subject, yet rendered very little service to the sovereign. The barons, or military tenants, came late into the field; they were obliged to serve only forty days; they were unskilful and disorderly in all their operations; and they were apt to carry into the camp the same refractory and independent spirit, to which they were accustomed in their civil government. Henry, therefore, introduced the practice of making a commutation of their military service for money; and he levied scutages from his baronies and knights' fees, instead of requiring the personal attendance of his vassals. There is mention made, in the History of the Exchequer, of these scutages in his second, fifth, and eighteenth year [l]; and other writers give us an account of three more of them [m]. When the prince had thus obtained money, he made a contract with some of those adventurers in which Europe at that time abounded: they found him soldiers of the same character with themselves, who were bound to serve for a stipulated time: the armies were less numerous, but more useful, than when composed of all the military vassals of the crown: the feudal institutions began to relax: the kings became rapacious for money, on which all their power depended: the barons, seeing no end of exactions, sought to defend their property: and as the same causes had nearly the same effects in the different countries of Europe, the several crowns either lost or acquired authority, according to their different success in the contest. [FN [l] Madox, p. 435, 436, 437, 438. [m] Tyrrel, vol. ii. p. 466, from the records.]

This prince was also the first that levied a tax on the moveables or personal estates of his subjects, nobles as well as commons. Their zeal for the holy wars made them submit to this innovation; and a precedent being once obtained, this taxation became, in following reigns, the usual method of supplying the necessities of the crown. The tax of Danegelt, so generally odious to the nation, was remitted in this reign.

It was a usual practice of the Kings of England to repeat the ceremony of their coronation thrice every year, on assembling the states at the three great festivals. Henry, after the first years of his reign, never renewed this ceremony, which was found to be very expensive and very useless. None of his successors revived it. It is considered as a great act of grace in this prince, that he mitigated the rigour of the forest laws, and punished any transgressions of them, not capitally, but by fines, imprisonments, and other more moderate penalties.

Since we are here collecting some detached incidents which show the genius of the age, and which could not so well enter into the body of our history, it may not be improper to mention the quarrel between Roger, Archbishop of York, and Richard, Archbishop of Canterbury. We may judge of the violence of military men and laymen, when ecclesiastics could proceed to such extremities. Cardinal Haguezun being sent, in 1176, as legate into Britain, summoned an assembly of the clergy at London; and as both the archbishops pretended to sit on his right hand, this question of precedency begat a controversy between them. The monks and retainers of Archbishop Richard fell upon Roger, in the presence of the cardinal and of the synod, threw him to the ground, trampled him under foot, and so bruised him with blows that he was taken up half dead, and his life was with difficulty saved from their violence. The Archbishop of Canterbury was obliged to pay a large sum of money to the legate, in order to suppress all complaints with regard to this enormity [n]. [FN [n] Bened. Abb. p. 138, 139. Brompton, p. 1109. Chron Gerv. p. 1433. Neubrig. p. 413.]

We are told by Giraldus Cambrensis, that the monks and prior of St. Swithun threw themselves one day prostrate on the ground and in the mire before Henry, complaining, with many tears and much doleful lamentation, that the Bishop of Winchester, who was also their abbot, had cut off three dishes from their table. How many has he left you? said the king. Ten only, replied the disconsolate monks. I myself, exclaimed the king, never have more than three; and I enjoin your bishop to reduce you to the same number [o]. [FN [o] Gir. Camb. cap. 5. in Anglia Sacra, vol. ii.]

This king left only two legitimate sons, Richard who succeeded him, and John who inherited no territory, though his father had often intended to leave him a part of his extensive dominions. He was thence commonly denominated LACKLAND. Henry left three legitimate daughters: Maud, born in 1156, and married to Henry, Duke of Saxony; Eleanor, born in 1162, and married to Alphonso, King of Castile; Joan, born in 1165, and married to William, King of Sicily [p]. [FN [p] Diceto, p. 616.]

Henry is said by ancient historians to have been of a very amorous disposition: they mention two of his natural sons by Rosamond, daughter of Lord Clifford; namely, Richard Longespee, or Longsword, (so called from the sword he usually wore,) who was afterwards married to Ela, the daughter and heir of the Earl of Salisbury; and Geoffrey, first Bishop of Lincoln, then Archbishop of York. All the other circumstances of the story, commonly told of that lady, seem to be fabulous.