But yet, below all this there existed a powerful element of opposition. After the new order of things had existed more than eighty years, among a portion of the Anglo-Saxon population the design was started of putting a violent end to it, of destroying at one blow all those foreigners who seemed its representatives, just as the Danes had all been murdered on one day.

It was an evil thought, and all the more atrocious because manifold ties had been already gradually formed between the two populations.

How could they ever become fused into one nation if the one was always plotting the destruction of the other?

It was not merely by alliances of blood and family, but even still more by great common political and ecclesiastical interests that the English nationality, which contains both elements, was founded. And, in truth, the leading impulse towards it was that the conquerors, no less than the conquered, felt themselves oppressed by the yoke which the two supreme authorities laid on them, and hence both combined to oppose them. But centuries elapsed before this could be effected. The first occasion for it was given when the two authorities quarrelled with each other, and alternately called on the population to give its voluntary aid.

For, as the authorities which represent the objective ideas are of different origin, they have never in our Western Europe remained more than a short time in complete harmony with each other. Each retains its natural claim to be supreme, and not to endure the supremacy of the other. The one has always more before its eyes the unity of the whole, the other the needs and rights of the several kingdoms and states. Amidst their antagonism European life has moulded itself and made progress.

Close as their union was at the time of the Conquest of England, yet even then their quarrel broke out. Though the Conqueror pledged himself again to pay a tribute which the Anglo-Saxon kings had formerly charged themselves with, and which had been long unpaid, yet this was not sufficient for the Roman See: Gregory VII demanded to be recognised as feudal lord of England. But this was not what William understood, when he had allowed the papal banner to wave over the fleet that brought him to England. It was not from the Pope's authorisation that he derived his claim to the English crown, as if this had been merely transferred to him by the Papal See, but from the Anglo-Saxon kings, as whose heir and legal successor he wished to be regarded. He answered the Pope that he could enter into no other relation to him than that in which his predecessors in England had stood to previous popes.

For the first time the popes had to give up altogether the attempt to make kings their feudal dependents; they attempted, however, an almost deeper encroachment into the very heart of the royal power, when they then formed the plan of severing the spiritual body corporate, which already possessed the most extensive temporal privileges, from their feudal obligation to the sovereigns. The English kings opposed them in this also with resolution and success.

Under the influence of the father of scholasticism, Anselm of Canterbury, Primate of England, a satisfactory agreement was arranged long before the Concordat was obtained in Germany. In general there was little to fear, as long as the Archbishop of Canterbury had a good understanding with the Crown; and this was the case in the first half of the 12th century, if not on all points, yet, at least on all leading questions. Far-reaching differences did not appear until the higher ecclesiastics embraced the party of the Papacy, which happened in England through Thomas Becket.

_Henry II and Becket._

It was precisely from him that this would have been least expected. He had been the King's Chancellor, or if we may avail ourselves of a somewhat remote equivalent expression, his most trusted cabinet minister, and had as such, in both home and foreign affairs, rendered the most valuable services. The introduction of scutage is attributed to him, and he certainly had a large share in the acquisition of Brittany. It was through the direct influence of the King that he was elected archbishop.[22] But from that hour he seemed to have become another man. As he had hitherto rivalled the courtiers in splendour, pleasure, and pomp, so would he now by strictness of life equal the sanct.i.ty of the saints; as. .h.i.therto to the King, so did he now attach himself to the interests of the Church. It might, so we may suppose, be some satisfaction to his self-esteem, that he could now confront his stern and mighty sovereign as Archbishop 'also by the grace of G.o.d,' for so he designates himself in his letter to the King; or he might feel himself bound to recover the possessions of his Church, which had been wrested from it by the Crown or the high n.o.bility. But, as spiritually-minded men are moved more by universal ideas than by special interests, so for Becket the determining impulse without doubt lay above all in the sympathy which he devoted to the hierarchic movement in general.

Those were the times in which the attempt of the Emperor Frederic I to call a council, and in it to decide on a contested papal election, had created general excitement among the peoples and churches of Southern Europe, which would only consent to be led by a pope independent of the empire. Driven from Italy, Alexander III, the Pope rejected by the Emperor, found a cordial reception in France; and here he now collected on his side a papal council in opposition to the imperial one, in which the cardinals, whose election the Emperor was trying to annul, and the bishops of Spain and South Italy, and those of the collective Gaulish dioceses (more than a hundred in number), and the English bishops also, gathered around him, and laid the Pope elected by the Emperor under the anathema. It was inevitable that the idea of the Church, as independent of the temporal power, should here find its strongest expression. Some canons were pa.s.sed which prohibited the usurpation of ecclesiastical property by the laity, and made it a crime in the bishops to allow it.[23]

Thomas Becket was welcomed in this council with a seductive kindness; but besides this, what is harder than to set oneself against the common feeling of one's own order, when moderation already appears to be apostasy? He returned to England filled with the ideas of hierarchic independence; in preparing to carry it through, he necessarily brought on the conflict which had hitherto been avoided.

The Plantagenet King, whose whole heart was in the work of securing the obedience of the manifold provinces that had fallen to his lot; who hastened ceaselessly from one to the other (when people thought him far away in South France, he had already recrossed the sea to England), ever occupied in extending his inherited power by inst.i.tutions of a legal and administrative nature, was not inclined to give way to the Church in this attempt. He would neither make the election of the higher clergy free, nor allow their excommunication to be valid without State control; he not only maintained the right of the lay courts to try ecclesiastics for heinous offences, which else often remained unpunished; but, even in the sphere of spiritual jurisdiction, he claimed to hear appeals in the last instance without regard to the Pope. In all this the lay and spiritual n.o.bility agreed with him; in a Council at Clarendon they framed 'const.i.tutions,' in which they declared these rules to be the law of the realm, as it had always been observed, and ought to be observed henceforth.[24]

Becket did not possess the inflexible obstinacy which distinguishes most of the champions of the hierarchy. As the accordant voice of Europe moved him to take up the hierarchic principles, so now the accordant voice of his country's rulers made an impression on him: he listened to the ecclesiastics who entreated him not to draw the King's displeasure on them, and to the laymen, who prayed him not to bring on them the necessity of executing it on the ecclesiastics: he virtually accepted the Const.i.tutions of Clarendon. But then again he could not prevail on himself to observe them. Only when his vacillation endangered him personally, so that he could expect nothing else to follow but a condemnation by a new a.s.sembly of the royal court, did he come to a decision. Then he took the hierarchic side resolutely; in contradiction to the Const.i.tutions, he appealed to the Pope. It is a remarkable day in English history, that 14th October 1164, on which Thomas Becket, after reading ma.s.s, appeared before the court without his archiepiscopal dress, but cross in hand. He forbade the earl, who wished to announce the judgment to him, to speak, since no layman had power to sit in judgment on his spiritual father;[25] he again put himself under the protection of G.o.d and the Roman Church, and then pa.s.sed from the court, no man venturing to lay hands on him, still armed with his cross, to a church close by, from whence he escaped to the Continent. By this he brought into England the war of the two powers, which had already burst into flame in Italy and Germany. The archbishop and primate rejected the supreme judicial authority of the Curia Regis; only in the chief pontiff at Rome did he recognise his rightful judge: by undertaking to bring into full view the complete independence of the spiritual principle on this ground also, he broke down that unity of authority, which had, been hitherto maintained in the English realm, and entered into open war with his King.

Henry II was, like most of the sovereigns of that age, above all things a warrior; you could see by his stride that he spent his days on horseback; and he was an indefatigable hunter. But yet he found time besides for study; he took pleasure in solving, in the company of scholars, the difficulties of the theologico-philosophical problems which then largely occupied men's minds; there is no doubt that he also fully understood these politico-ecclesiastical questions. He was by no means a good husband, rather the contrary, but, in other things, he could control himself; he was moderate in eating and drinking.

Success did not make him overweening, but all the more prudent:[26]

ill-success found him resolute; yet it was remarked that he was more severe in success, milder in adversity. If contradicted, he showed all the excitability of the Southern French nature; he pa.s.sed from promises to threats, from flatteries to outbursts of wrath, until he met with compliance. His administration at home witnesses to a n.o.ble conception of his mission and to a practical understanding; from his lion-like visage shone forth a pair of quiet eyes, but how suddenly did they flame up with wild fire, if the pa.s.sion was roused that slumbered in the depths of his soul! It was the pa.s.sion of unlimited power; an ambition for which, as he once said, the world appeared to be too small. He never forgave an opponent; he never reconciled himself with an enemy or took him again into favour.

He would of himself have been much inclined to abandon Alexander III, and attach himself to the Pope set up by the Emperor: his amba.s.sadors took part in a German diet at which the most extreme steps were approved of. But Henry was not sufficiently master of his clergy nor, above all, of his people for this; the solemn curse of Thomas Becket wrought on men from far away. Was there really any foundation for what men then said, that the King thought it better that his foe should be in the country rather than out of it? An apparent reconciliation was brought about, which, however, left the main questions undecided, each side only consenting generally to a peace with the other. Becket did not allow himself to be hindered by it, on his return to England, from excommunicating leading ecclesiastics who had supported the King's party. But at this Henry's deep-seated wrath awoke. Beset by the exiles with cries for protection, he let the complaint escape him in the presence of his knights, that among so many to whom he had shown favour there was not one who had courage enough to avenge the insults offered to him.[27] As opposed to the Church sympathies which through the clergy wrought on all people, the temporal state was mainly kept together by the reciprocal relations of the feudal lord and sovereign to his va.s.sals and knights, and of them to him: to spiritual reverence was opposed personal devotion. But these feelings, too, as they have their justification, so they have their moral limitations; they are as capable of exaggeration and excess as all others. Enflamed by the King's words which seemed to touch the honour of knighthood, four of his knights hastened to Canterbury, and sought out the man, who dared to bid the King defiance in his own kingdom; as Becket refused to recall the excommunication, they murdered him horribly in the cathedral. When required to obey the King, Becket was wont to reserve the rights of the Church and the priesthood; for this reservation he died.

Henry II by calling forth, intentionally or not, this brutal act of violence in the ecclesiastical strife, drew on himself the catastrophe of his life.

By Becket's murder the ideas of Church independence gained what was yet wanting to them, a martyr: his death was more advantageous to them than his life could ever have been. The belief that the victim wrought miracles, which were ascribed to him in increasing measure, at first slight, then more and more surprising ones, viz. cures of incurable diseases,--who does not know the resistless nature of this illusion, bound up as it is with the nearest needs of man in every form?--made him the idol of England. Henry II had to live to see the man who had refused him the old accustomed obedience, reverenced among his people with almost divine honours as one of the greatest saints that had ever lived. The great Hohenstaufen in the unsuccessful struggle with the Papacy was at last brought to declare that all he had hitherto done rested on an error; and in like manner, but one far more humiliating and painful, Henry II had to do penance, and receive the discipline of the scourge, at the tomb of the man who had been murdered by his loyal subjects. On a hasty glance it seems as though his Const.i.tutions were established, but a more accurate inquiry shows that the articles which displeased the Pope were left out. The hierarchic ideas gained the day in England also.

It was precisely the Church quarrel that fed the discords which broke out in the King's own house. His eldest son found a pretence for his revolt, and essentially promoted it, by alleging that the murderers of the glorious martyr were unpunished; he on his side promised the clergy to make good all existing injuries, since what belonged to the Church should not serve man's ostentation. The example of the elder wrought on the younger sons too, who, to withstand their father, recognised the supremacy of the King of France. Henry's last years were filled with depression, and even with despair; when dying he was believed to have bequeathed his curse to his children. In the cloisters his death was ascribed to the intercession and merits of S.

Thomas.

For with the acceptance of the hierarchic ideas the prestige of their martyr grew day by day. In the crusade of 1189 men saw him appear in dreams, and declare that he was appointed to protect the fleet, to calm the storms.

It was under these auspices that the chivalry of the Plantagenet realm took part in the Third Crusade: King Richard (in whom the ideas of Church and Chivalry attained their highest splendour) at their head gave back to the already lost kingdom of Jerusalem, in despite of a very powerful foe, a certain amount of stability: as he served the hierarchic views with all his power, there was no question under him as to any dispute between Church and State. But this power itself could not be increased owing to his absence. Whilst he fought for the Church far away, elements of resistance were stirring in his realm which had been there long ago, and soon after his death came to the most violent outbreak.

_John Lackland and Magna Charta._

Despite all the community of interests between the sovereigns of the Conquest and their va.s.sals, grounds of hostility between them had never been altogether wanting. The Conqueror's sons had to make concessions to the great lords, because their succession was not secure; they needed a voluntary recognition, the price of which consisted in a relaxation of the harsh laws with which the monarchy had at first fettered every department of life. But when the great n.o.bles had managed, or decided, contests for the throne, Were they likely to feel bound unconditionally to obey the man whom they had raised? Besides Henry II in his ecclesiastical quarrel needed the consent of his va.s.sals; his court-a.s.semblies were no longer confined to proclamations of ordinances from the one side only; consultations were held, leading to decisions that concerned them all.

But what is now surprising is the fact, that even the a.s.sociates in the Conquest, and much more their descendants, claimed the rights which the Anglo-Saxon magnates had once possessed. They, too, appealed incessantly to the _Laga_, the laws of Edward the Confessor, by which was meant the collection of old legal customs, the observation of which had been promised from the first. Following the precedent of their kings, the families that had risen through the Conquest regarded themselves as the heirs of the fallen Anglo-Saxon chiefs, into whose place they had stepped. The rights of the old Witan and of the va.s.sals of the new feudal state became fused together.

We must now lay greater weight than is commonly done on the incidents that occurred during King Richard's absence. He had entrusted the administration of the realm to a man of low origin, William, bishop of Ely, who carried it on with great energy, and not without the pomp and splendour, which grace authority, but arouse jealousy. Hence lay and spiritual chiefs combined against him: with Earl John, the brother of the absent King, at their head, they banished the hated bishop by the strong hand, and of their own authority set another in his place. The city of London, which had been already allowed the election of its own magistrates by Henry II, had then formed a so-called _Communia_ after the pattern of the Flemish and North French towns; bishops, earls, and barons, swore to support the city in it.[28]

These first attempts at an opposition by the estates obtained fresh weight when on Richard's death a contest again arose about the succession. Earl John claimed it for himself, but Arthur, an elder brother's son, seemed to have a better right, and had been moreover recognised at once in the South French provinces. The English n.o.bles fortified their castles, and for some time a.s.sumed an almost threatening position; they only acknowledged John on the a.s.surance that each and all should have their rights.[29] John's possession of the crown was therefore derived not merely from right of inheritance, but also from their election.

A strong territorial confederacy had thus gradually grown up, confronting the royal power with a claim to independent rights; events now happened that roused it into full life.

King John incurred the suspicion of having murdered Arthur, who had fallen into his hands, to rid himself of his claims; he was accused of it by the peers of France, and p.r.o.nounced guilty; on which the Plantagenet provinces which were fiefs of the French crown went over to the King of France at the first attack. The English n.o.bility would at least not fight for a sovereign on whom such a heinous suspicion lay: on another pretence it abandoned him.

But then broke out a new quarrel with the Church. The most powerful pontiff that ever sat in the Roman See, Innocent III, thought good to decide a disputed election at Canterbury by pa.s.sing over both candidates, including the King's, and caused the election of, or rather himself named, one of his friends from the great school at Paris, Stephen Langton. As King John did not acknowledge him, Innocent laid England under an Interdict.

Alike careless and cruel, naturally hasty and untrustworthy, of doubtful birthright, and now rejected by the Church, John must have rather expected resistance than support from the great men of the realm. He tried to a.s.sure himself of those he suspected by taking hostages from their families; he confiscated the property of the ecclesiastics who complied with the Pope's orders, and took it under his own management; he employed every means which the still unlimited extent of the supreme authority allowed, to obtain money and men; powerfully and successfully he used the sword. But in the long run he could not maintain himself by these means. When a revolt broke out in Wales at the open instigation of the Pope, and the King's va.s.sals were summoned to put it down, even among them a general discontent was perceptible; John had reason to dread that if he came near the enemy with such an army he might be delivered into their hands or killed: he did not venture to carry out the campaign. And meanwhile he saw himself threatened from abroad also. King Philip Augustus of France armed, to attack his old opponent at home (whom he had already driven from in those provinces over which he himself was feudal sovereign), and to carry out the Pope's excommunication against him. He boasted, probably with good grounds, of having the English barons' letters and seals, promising that they would join him. He would have restored all the fugitives and exiles; the Church element would have raised itself all the more strongly, in proportion to its previous depression; a general revolt would have accompanied his attack, the English government according to all appearance would have been lost.

King John knew this well: to avoid immediate ruin he seized on a means of escape which was completely unexpected, but quite decisive--he gave over his kingdom in va.s.salage to the Pope.

What William I had so expressly rejected was now accepted in a moment of extreme pressure, from which such a step was the only means of escape. The moment the Pope was recognised as feudal lord of England, not only must his hostility cease, but he would be bound to take the realm under his protection. He now forbade the King of France, whom he had before urged on to its conquest, to carry out the invasion, which was already prepared.

It appears as if the barons had originally agreed with the King's proceeding, although they did not entirely approve its form. They maintained that they had risen up for the Church's rights,[30] and saw in the Pope a natural ally. They thought to gain their own purpose all the more surely now that Stephen Langton received the see of Canterbury, a man who, while he represented the Papal authority, at the same time zealously made their interests his own. At the very moment when the archbishop absolved the King from the excommunication, he made him swear that he would restore the good laws, especially those of King Edward, and would do all according to the legal decisions of his courts. It may be regarded as the first time that a Norman-Plantagenet king's administration was acted on by an obligatory engagement, when King John, on the point of taking the field against some barons whom he regarded as rebels, was hindered by the archbishop who reminded him that he would thus be breaking his last oath, which bound him to take judicial proceedings. The tradition that a forgotten charter of Henry I was produced by the archbishop (who was certainly, as his writings show, a scholar of research), and recognised as a legal doc.u.ment which gave them a firm footing, may admit of some doubt; there is no doubt that it was Stephen Langton who gathered around him the great n.o.bles and bound them by a mutual engagement, to defend, even at the risk of life, the old liberties and rights which they derived from Anglo-Saxon times.

It was, in fact, of considerable importance that the primate, on whose co-operation with the King the Norman state originally rested, united himself in this matter as closely as possible with the n.o.bles; among all alike, without regard to their origin, whether from France or from England, had arisen the wish to limit the crown, as it had been limited in the Anglo-Saxon period.

Here, however, they had to discover that the Pope was minded to protect the King, his va.s.sal, not only against attacks from abroad, but also against movements at home. The engagements which the barons had formed, when he released them from their oath of fidelity to the King, he now declared to be invalid and void. The legate in England reported unfavourably on their proceedings, and it was seen that he was intimately allied with the King. The war was still raging on the continent, and the King had been again defeated, at Bouvines, July 27, 1214; he had returned disheartened, but not without bodies of mercenaries, both horse and foot, which excited anxiety in the allied n.o.bles. This feeling was strengthened by the fact that, after the death of a chancellor connected with them by family, and on good terms with them, he raised a foreigner, Peter des Roches, to that dignity, and it was believed that this foreigner would lend a hand to any attempt at restoring the previous state of things. Acts of violence of the old sort, and the King's l.u.s.ts, which brought dishonour into their families, added to their indignation. In short, the barons, far from breaking up their alliance, confirmed it with new oaths. While they pressed the King to accept the demands which they laid before him, they sent one of the chief of their number, Eustace de Vescy, to Rome, to win the Pope to their cause, by reminding him of the grat.i.tude due to them for their services in the cause of the Church. As lord of England, for they did not hesitate to designate him as such, he might admonish King John, and, if necessary, force him to restore unimpaired the old rights guaranteed them by the charters of earlier Kings.[31]

But not so did Innocent understand his right of supreme lordship in England; he did not side with those who had helped to win the victory for him over the King, but with the King himself, to whose sudden decision he owed its fruits--the acknowledgment of his feudal superiority. He blamed the archbishop for concealing the movements of the barons from him, and for having, perhaps, even encouraged them, though knowing their pernicious nature: with what view was he stirring questions of which no mention had been made either under the King's father or brother? He censured the barons for refusing the scutage, which had been paid from old times, and for their threat of proceeding sword in hand. He repeated his command to them to break up their confederacy, under threat of excommunication.

As one step lower the primate and n.o.bles, so in the highest sphere Innocent and John were in alliance. The Papacy, then in possession of supremacy over the world, made common cause with royalty. Would not the n.o.bles, some from reverence for the supreme Pontiff's authority, others from a sense of religious obligation, yield to this alliance?

Such was not their intention.[32]

The King proffered the barons an arbitration, the umpire to be the Pope, or else an absolute reference of the whole matter to him, who then by his apostolic power could settle what was right and lawful.

They could not possibly accept either the one or the other, after the known declarations of the Pope. As they persevered in their hostile att.i.tude, the King called on the archbishop to carry out the instructions of a Papal brief, and p.r.o.nounce the barons excommunicated. Stephen Langton answered that he knew better what was the true intention of the holy father. The Pope's name this time remained quite powerless. Rather it was preached in London that the highest spiritual power should not encroach on temporal affairs; Peter, in the significant phrase of the time, could not be Constantine as well.[33] Only among the lower citizens was there a party favourable to the King, but they were put down at a blow by the great barons and the rich citizens. The capital threw its whole weight on the side of the barons. They rose in arms and formally renounced their allegiance to the King; they proclaimed war against him under the name of 'the army of G.o.d.' Thus confronted by the whole kingdom, in which there appeared to be only one opinion, the King had no means of resistance remaining, no choice left.

He came down--15th June, 1215--from Windsor to the meadow at Runnymede, where the barons lay encamped, and signed the articles laid before him, happy enough in getting some of them softened. The Great Charter came into being, truly the 'Magna Charta,' which throws not merely all earlier, but also the later charters into the shade.

It is a doc.u.ment which, more than any other, links together the different epochs of English history. With a renewal of the earliest maxims of German personal freedom it combines a settlement of the rights of the feudal Estates: on this twofold basis has the proud edifice of the English const.i.tution been erected. Before all things the lay n.o.bles sought to secure themselves against the misuse of the King's authority in his feudal capacity, and as bound up with the supreme jurisdiction; but the rights of the Church and of the towns were also guaranteed. It was especially by forced collections of extraordinary aids that King John had hara.s.sed his Estates: since they could no longer put up with this, and yet the crown could not dispense with extraordinary resources, a solution was found by requiring that such aids should not be levied except with the consent of the Great Council, which consisted of the lords spiritual and temporal. They tried to set limits to the arbitrary imprisonments that had been hitherto the order of the day, by definite reference to the law of the land and the verdict of sworn men. But these are just the weightiest points on which personal freedom and security of property rest; and how to combine them with a strong government forms the leading problem for all national const.i.tutions.

Two other points in this doc.u.ment deserve notice. In other countries also at this epoch emperors and kings made very comprehensive concessions to the several Estates: the distinctive point in the case of England is, that they were not made to each Estate separately, but to all at the same time. While elsewhere each Estate was caring for itself, here a common interest of all grew up, which bound them together for ever. Further, the Charter was introduced in conscious opposition to the supreme spiritual power also; the principles which lay at the very root of popular freedom breathed an anti-Romish spirit.

Yet it was far from possible to regard them as being fully established. There were also conditions contained in the Charter, by which the legal and indispensable powers of the King's government were impaired: the barons even formed a controlling power as against the King. It could not be expected that King John, or any of his successors, would let this pa.s.s quietly. And besides, was not the Pope able to do away with the obligation of which he disapproved? We still possess the first draft of the Charter, which presents considerable variations from the doc.u.ment in its final form, among others the following. According to the draft the King was to give an a.s.surance that he would never obtain from the Pope a revocation of the arrangements agreed on; the archbishop, the bishops, and the Papal plenipotentiary, Master Pandulph, were to guarantee this a.s.surance. We see to what quarter the anxieties of the n.o.bles pointed, how they wished above all to obtain security against the influences of the Papal See. Yet this they were not able to obtain. There was no mention in the doc.u.ment either of the bishops or of Master Pandulph; the King promised in general, not to obtain such a revocation from any one; they avoided naming the Pope.[34]

In reality it made no difference, whatever might be promised or done in this respect. Innocent III was not the man to accept quietly what had taken place against his declared will, or to yield to accomplished facts. On the authority of the words 'I have set thee over the nations and over the kingdoms,' which seemed to him a sufficient basis for his Paramount Right, he gave sentence rejecting the whole contents of the Charter; he suspended Stephen Langton, excommunicated the barons and the citizens of London, as the true authors of this perverse act, and forbade the King under pain of excommunication to observe the Charter which he had put forth.

And even without this King John had already armed, to annul by force of arms all that he had promised. A war broke out which took a turn especially dangerous to the kingdom, because the barons called the heir of France to the English throne and did him homage. So little were the feelings of nationality yet developed, that the barons fought out the war against their King, supported by the presence and military Power of a foreign prince. For the interests of the English crown it was perhaps an advantage that King John died in the midst of the troubles, and his rights pa.s.sed to his son Henry, a child to whom his father's iniquity could not be imputed.[35] In his name a royalist party was formed by the joint action of Pembroke, the Marshal of the kingdom and the Papal Legate, which at last won such advantages in the field, that the French prince was induced to surrender his claim, which he himself hardly held to be a good one--the English were designated as traitors by his retinue,--and give back to the barons the homage they had pledged him. But he did so only on the condition that not merely their possessions, but also the lawful customs and liberties of the realm should be secured to them.[36] At a meeting between Henry III and the French prince at Merton in Surrey, it was agreed to give Magna Charta a form, in which it was deemed compatible with the monarchy. In this shape the article on personal freedom occurs; on the other hand everything is left out that could imply a power of control to be exercised against the King; the need of a grant before levying scutage is also no longer mentioned. The barons abandoned for the time their chief claims.

It is, properly speaking, this charter which was renewed in the ninth year of Henry III as Magna Charta, and was afterwards repeatedly confirmed. As we see, it did not include the right of approving taxes by a vote.

Whether men's union in a State in general depends on an original contract, is a question for political theorists, and to them we leave its solution. On the other hand, however, it might well be maintained that the English const.i.tution, as it gradually shaped itself, a.s.sumed the character of a contract. So much is already involved in the first promises which William the Conqueror made at his entry into London and in his agreement with the partisans of Harold. The same is true of the a.s.surances given by his sons, especially the second one: they were the price of a very definite equivalent. More than any that had gone before however does Magna Charta bear this character. The barons put forward their demands: King John negociates about them, and at last sees himself forced to accept them. It is true that he soon takes arms to free himself from the obligation he has undertaken. It comes to a struggle, in which, however, neither side decidedly gains the upper hand, and they agree to a compromise. It is true the barons did not expressly stipulate for the new charter when they submitted to John's son (for with John himself they could certainly have never been reconciled), but yet it is undeniable that without it their submission would never have taken place, nor would peace have been concluded.

As, however, is generally the case, the agreement had in it the germs of a further quarrel. The one side did not forget what it had lost, the other what it had aimed at and failed to attain. Magna Charta does not contain a final settlement, by which the sovereign's claims to obedience were reconciled with the security of the va.s.sals; it is less a contract that has attained to full validity, than the outline of a contract, to fill up which would yet require the struggles of centuries.