Part 7

Incensed with Becket for his repudiation of his original submission, Henry proceeded to open a campaign of lawsuits against him, in order to force him to plead in secular courts. He also took the very mean step of declaring that he should call him to account for all the moneys that had passed through his hands when he was chancellor, though Becket had been given a quittance for them when he resigned the office more than two years before. The business came up at the council of Northampton (October 1164), when the archbishop was tried for refusing to recognize the jurisdiction of the king's courts, and declared to have forfeited his movable goods. The sentence was passed by the lay members of the Curia Regis alone, the bishops having been forbidden to sit, and threatened with excommunication if they did so, by the accused primate. When Becket was visited by the justiciar who came to rehearse the judgment, he started to his feet, refused to listen to a word, declared his repudiation of all lay courts and left the hall. That same night he made a second attempt to escape from England and this time succeeded in getting off to Flanders. From thence he fled to the court of the pope, where he received less support than he had expected. Alexander III. privately approved of all that he had done, and regarded him as the champion of the Church, but he did not wish to quarrel with King Henry. He had lately been driven from Rome by the emperor Frederick I., who had installed an antipope in his place, and had been forced to retire to France. If he sided with Becket and thundered against his persecutor, there was small doubt that the king of England would adhere to the schism. Accordingly he endeavoured to temporize and to avoid a rupture, to the archbishop's great disgust. But since he also declared the Constitutions of Clarendon uncanonical and invalid, Henry was equally offended, and opened negotiations with the emperor and the antipope. This conduct forced Alexander's hand, and he gave Becket leave to excommunicate his enemies. The exile, who had taken refuge in a French abbey, placed the justiciar and six other of the king's chief councillors under the ban of the Church, and intimated that he should add Henry himself to the list unless he showed speedy signs of repentance (April 1166).

Thus the quarrel had come to a head. Church and State were at open war. Henry soon found that Becket's threats had more effect than he liked. Many of the English clergy were naturally on the side of the primate in a dispute which touched their loyalty to the Church and their class feeling. Several bishops declared to the king that, since his ministers had been duly excommunicated, they did not see how they could avoid regarding them as men placed outside the pale of Christendom. Fortunately the pope interfered for a moment to lighten the friction; being threatened with a new invasion by the emperor Frederick, he suspended the sentences and sent legates to patch up a peace. They failed, for neither the king nor the archbishop would give way. At this juncture Henry was desirous of getting his eldest son and namesake crowned as his colleague, the best mode that he could devise for avoiding the dangers of a disputed succession at his death. He induced the archbishop of York, assisted by the bishops of London and Salisbury, to perform the ceremony. This was a clear invasion of the ancient rights of the primate, and Becket took it more to heart than any other of his grievances.

Yet the next move in the struggle was a hollow reconciliation between the combatants--a most inexplicable act on both sides. The king offered to allow Becket to return from exile, and to restore him to his possessions, without exacting from him any promise of submission, or even a pledge that he would not reopen the dispute on his return. Apparently he had made a wrong interpretation of the primate's mental attitude, and thought him desirous of a truce, if not ready for a compromise. He had wholly misjudged the situation; Becket made neither promises nor threats, but three weeks after he reached Canterbury publicly excommunicated the bishops of London and Salisbury for the part that they had taken in the coronation of the young king, and suspended from their functions the other prelates who had been present at the ceremony. He then proceeded to excommunicate a number of his minor lay enemies.

Becket's murder.

The news was carried overseas to Henry, who was then in Normandy. It roused one of the fits of wild rage to which he was not unfrequently liable; he burst out into ejaculations of wrath, and cursed "the cowardly idle servants who suffered their master to be made the laughing-stock of a low-born priest." Among those who stood about him were four knights, some of whom had personal grudges against Becket, and all of whom were reckless ruffians, who were eager to win their master's favour by fair means or foul. They crossed the Channel with astonishing speed; two days after the king's outburst they stood before Becket at Canterbury and threatened him with death unless he should remove the excommunications and submit to his master. The archbishop answered with words as scornful as their own, and took his way to the minster to attend vespers. The knights went out to seek their weapons, and when armed followed him into the north transept, where they fell upon him and brutally slew him with many sword-strokes (December 29, 1170). Thomas had been given time to fly, and his followers had endeavoured to persuade him to do so. It seems that he deliberately courted martyrdom, anxious apparently that his death should deal the king the bitterest blow that it was in his power to inflict (see BECKET).

Its results.

Nothing could have put Henry in such an evil plight; the whole world held him responsible for the murder, and he was forced to buy pardon for it by surrendering many of the advantages over the Church which he had hoped to gain by enforcing the Constitutions of Clarendon. Especially the immunity of clerical offenders from the jurisdiction of lay courts had to be conceded; for the rest of the middle ages the clerk guilty of theft or assault, riot or murder, could plead his orders, and escape from the harsh justice of the king's officers to the milder penalties of the bishop's tribunal. "Benefit of clergy" became an intolerable anomaly, all the more so because the privilege was extended in practice not only to all persons actually in minor orders, but to all who claimed them; any criminal who could read had a fair chance of being reckoned a clerk. Another concession which Henry was forced to make was that the appeals to Rome of litigants in ecclesiastical suits should be freely permitted, provided that they made an oath that they were not contemplating any wrong to the English crown or the English church, a sufficiently easy condition. Such appeals became, and remained, innumerable and vexatious. Pope Alexander also extorted from the king a pledge that he would relinquish any customs prejudicial to the rights of the Church which had been introduced since his accession. To the pope this meant that the Constitutions of Clarendon were disavowed; to the king, who maintained that they were in the main a mere restatement of the customs of William I., it bore no such general interpretation. The points were fought out in detail, and not settled for many years. Practically it became the rule to regard suits regarding land, or presentations to benefices, as pertaining to the king's court, while those regarding probate, marriage and divorce fell to the ecclesiastical tribunal. The question of election to bishoprics and abbacies went back to the stage which it had reached in the time of Henry I.; the choice was made in canonical form, by the chapters or the monasteries, but the king's recommendation was a primary factor in that choice. When the electors disregarded it, as was sometimes the case, there was friction; a weak king was sometimes overruled; a strong one generally got his way in the end.

Becket's death, then, gave a qualified triumph to the church party, and he was rightly regarded as the successful champion of his caste. Hence they held his death in grateful remembrance; the pope canonized him in 1173, and more churches were dedicated to him during the next two centuries than to any other English saint. In the eyes of most men his martyrdom had put the king so much in the wrong that the obstinacy and provocative conduct which had brought it about passed out of memory. His life of ostentatious austerity, and the courage with which he met his death, had caused all his faults to be forgotten. Henry himself felt so much the invidious position in which he was placed that even after making his submission to the pope's legates at Avranches in 1172, he thought it necessary to do penance before Becket's tomb in 1174, on which occasion he allowed himself to be publicly scourged by the monks of Canterbury, who inflicted on him three cuts apiece.

Between the outbreak of the king's quarrel with Becket at the council of Woodstock and the compromise of Avranches no less than ten years had elapsed--the best years of Henry's manhood. During this period his struggle with the Church had been but one of his distractions. His policy of imperial aggrandisement had been in progress. In 1163 he had completed the conquest of South Wales; the marcher lords were now in possession of the greater part of the land; the surviving Welsh princes did homage for the rest. In 1166 Henry got practical possession of the duchy of Brittany, the only remaining large district of western France which was not already in his hands. Conan, the last prince of the old Breton house, recognized him as his lord, and gave the hand of his heiress Constance to Geoffrey, the king's third son. When the count died in 1171 Henry did not transfer the administration of the land to the young pair, who were still but children, but retained it for himself, and clung to it jealously long after his son came of age. Intermittent wars with France during these years were of small importance; Henry never pushed his suzerain to extremity. But the Angevin dominions were extended in a new direction, where no English king had yet made his power felt.

Conquest of Ireland.

The distressful island of Ireland was at this moment enjoying the anarchy which had reigned therein since the dawn of history. Its state had grown even more unhappy than before since the Danish invasions of the 10th century, which had not welded the native kingdoms into unity by pressure from without--as had been the case in England--but had simply complicated affairs, by setting up two or three alien principalities on the coastline. As in England, the vikings had destroyed much of the old civilization; but they had neither succeeded in occupying the whole country nor had they been absorbed by the natives. The state of the island was much like that of England in the days of the Heptarchy: occasionally a "High King" succeeded in forcing his rivals into a precarious submission; more usually there was not even a pretence of a central authority in the island, and the annals of objectless tribal wars formed its sole history. King Henry's eyes had been fixed on the faction-ridden land since the first years of his reign. As early as 1155 he had asked and obtained the approval of Pope Adrian IV., the only Englishman who ever sat upon the papal throne, for a scheme for the conquest of Ireland. The Holy See had always regarded with distaste the existence in the West of a nation who repudiated the Roman obedience, and lived in schismatical independence, under local ecclesiastical customs which dated back to the 5th century, and had never been brought into line with those of the rest of Christendom. Hence it was natural to sanction an invasion which might bring the Irish within the fold. But Henry made no endeavour for many years to utilize the papal grant of Ireland, which seems to have been made under the preposterous "Donation of Constantine," the forged document which gave the bishop of Rome authority over all islands. It was conveniently forgotten that Ireland had never been in the Roman empire, and so had not even been Constantine's to give away.

Not till 1168, thirteen years after the agreement with Pope Adrian, did the interference of the English king in Ireland actually begin. Even then he did not take the conquest in hand himself, but merely sanctioned a private adventure of some of his subjects. Dermot MacMorrough, king of Leinster, an unquiet Irish prince who for good reasons had been expelled by his neighbours, came to Henry's court in Normandy, proffering his allegiance in return for restoration to his lost dominions. The quarrel with Becket, and the French war, were both distracting the English king at the moment. He could not spare attention for the matter, but gave Dermot leave to enlist auxiliaries among the turbulent barons of the South Welsh Marches. The Irish exile enlisted first the services of Maurice Fitzgerald and Robert Fitzstephen, two half-brothers, both noted fighting men, and afterwards those of Richard de Clare, earl of Pembroke, an ambitious and impecunious magnate of broken fortunes. The two barons were promised lands, the earl a greater bribe--the hand of Dermot's only daughter Eva and the inheritance of the kingdom of Leinster. Fitzgerald and Fitzstephen crossed to Ireland in 1169 with a mere handful of followers. But they achieved victories of an almost incredible completeness over Dermot's enemies. The undisciplined hordes of the king of Ossory and the Danes of Wexford could not stand before the Anglo-Norman tactics--the charge of the knights and the arrow-flight of the archers, skilfully combined by the adventurous invaders. Dermot was triumphant, and sent for more auxiliaries, aspiring to evict Roderic O'Connor of Connaught from the precarious throne of High King of Ireland. In 1170 the earl of Pembroke came over with a larger force, celebrated his marriage with Dermot's daughter, and commenced a series of conquests. He took Waterford and Dublin from the Danes, and scattered the hosts of the native princes. Early in the next spring Dermot died, and Earl Richard, in virtue of his marriage, claimed the kingship of Leinster. He held his own, despite the assaults of a great army gathered by Roderic the High King, and of a viking fleet which came to help the conquered jarls of Waterford and Dublin. At this moment King Henry thought it necessary to interfere; if he let more time slip away, Earl Richard would become a powerful king and forget his English allegiance. Accordingly, with a large army at his back, he landed at Waterford in 1171 and marched on Dublin. Richard did him homage for Leinster, engaging to hold it as a palatine earldom, and not to claim the name or rights of a king. The other adventurers followed his example, as did, after an interval, most of the native Irish princes. Only Roderic of Connaught held aloof in his western solitudes, asserting his independence. The clergy, almost without a murmur, submitted themselves to the Roman Church.

Such was the first conquest of Ireland, a conquest too facile to be secure. Four years later it appeared to be completed by the submission of the king of Connaught, who did homage like the rest of the island chiefs. But their oaths were as easily broken as made, and the real subjection of the island was not to be completed for 400 years. What happened was that the Anglo-Norman invaders pushed gradually west, occupying the best of the land and holding it down by castles, but leaving the profitless bogs and mountains to the local princes. The king's writ only ran in and about Dublin and a few other harbour fortresses. Inland, the intruding barons and the Irish chiefs fought perpetually, with varying fortunes. The conquest hardly touched central and western Ulster, and left half Connaught unsubdued: even in the immediate vicinity of Dublin the tribes of the Wicklow Hills were never properly tamed. The English conquest was incomplete; it failed to introduce either unity or strong governance. After a century and a half it began to recede rather than to advance. Many of the districts which had been overrun in the time of the Angevin kings were lost; many of the Anglo-Norman families intermarried with and became absorbed by the Irish; they grew as careless of their allegiance to the crown as any of the native chiefs. The "Lordship of Ireland" was never a reality till the times of the Tudors. But as long as Henry II. lived this could not have been foreseen. The first generation of the conquerors pushed their advance with such vigour that it seemed likely that they would complete the adventure. (See IRELAND: _History_.)

Rebellion of Henry's sons.

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

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

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