It is this struggle, to use the technical terms of the time, of the "greater folk" against the "lesser folk," or of the "commune," the general ma.s.s of the inhabitants, against the "prudhommes," or "wiser"

few, which brought about, as it pa.s.sed from the regulation of trade to the general government of the town, the great civic revolution of the thirteenth and fourteenth centuries. On the Continent, and especially along the Rhine, the struggle was as fierce as the supremacy of the older burghers had been complete. In Koln the craftsmen had been reduced to all but serf.a.ge, and the merchant of Brussels might box at his will the ears of "the man without heart or honour who lives by his toil." Such social tyranny of cla.s.s over cla.s.s brought a century of bloodshed to the cities of Germany; but in England the tyranny of cla.s.s over cla.s.s was restrained by the general tenor of the law, and the revolution took for the most part a milder form. The longest and bitterest strife of all was naturally at London. Nowhere had the territorial const.i.tution struck root so deeply, and nowhere had the landed oligarchy risen to such a height of wealth and influence. The city was divided into wards, each of which was governed by an alderman drawn from the ruling cla.s.s. In some indeed the office seems to have become hereditary. The "magnates," or "barons," of the merchant-gild advised alone on all matters of civic government or trade regulation, and distributed or a.s.sessed at their will the revenues or burthens of the town. Such a position afforded an opening for corruption and oppression of the most galling kind; and it seems to have been a general impression of the unfair a.s.sessment of the dues levied on the poor and the undue burthens which were thrown on the unenfranchised cla.s.ses which provoked the first serious discontent. In the reign of Richard the First William of the Long Beard, though one of the governing body, placed himself at the head of a conspiracy which in the panic-stricken fancy of the burghers numbered fifty thousand of the craftsmen. His eloquence, his bold defiance of the aldermen in the town-mote, gained him at any rate a wide popularity, and the crowds who surrounded him hailed him as "the saviour of the poor." One of his addresses is luckily preserved to us by a hearer of the time. In mediaeval fashion he began with a text from the Vulgate, "Ye shall draw water with joy from the fountain of the Saviour." "I," he began, "am the saviour of the poor. Ye poor men who have felt the weight of rich men's hands, draw from my fountain waters of wholesome instruction and that with joy, for the time of your visitation is at hand. For I will divide the waters from the waters. It is the people who are the waters, and I will divide the lowly and faithful folk from the proud and faithless folk; I will part the chosen from the reprobate as light from darkness." But it was in vain that he strove to win royal favour for the popular cause. The support of the moneyed cla.s.ses was essential to Richard in the costly wars with Philip of France; and the Justiciar, Archbishop Hubert, after a moment of hesitation issued orders for William Longbeard's arrest. William felled with an axe the first soldier who advanced to seize him, and taking refuge with a few adherents in the tower of St. Mary-le-Bow summoned his adherents to rise. Hubert however, who had already flooded the city with troops, with bold contempt of the right of sanctuary set fire to the tower. William was forced to surrender, and a burgher's son, whose father he had slain, stabbed him as he came forth. With his death the quarrel slumbered for more than fifty years. But the movement towards equality went steadily on. Under pretext of preserving the peace the unenfranchised townsmen united in secret frith-gilds of their own, and mobs rose from time to time to sack the houses of foreigners and the wealthier burgesses. Nor did London stand alone in this movement. In all the larger towns the same discontent prevailed, the same social growth called for new inst.i.tutions, and in their silent revolt against the oppression of the Merchant-gild the Craft-gilds were training themselves to stand forward as champions of a wider liberty in the Barons' War.

[Sidenote: The Villein]

Without the towns progress was far slower and more fitful. It would seem indeed that the conquest of the Norman bore harder on the rural population than on any other cla.s.s of Englishmen. Under the later kings of the house of aelfred the number of absolute slaves and the number of freemen had alike diminished. The pure slave cla.s.s had never been numerous, and it had been reduced by the efforts of the Church, perhaps by the general convulsion of the Danish wars. But these wars had often driven the ceorl or freeman of the township to "commend" himself to a thegn who pledged him his protection in consideration of payment in a rendering of labour. It is probable that these dependent ceorls are the "villeins" of the Norman epoch, the most numerous cla.s.s of the Domesday Survey, men sunk indeed from pure freedom and bound both to soil and lord, but as yet preserving much of their older rights, retaining their land, free as against all men but their lord, and still sending representatives to hundred-moot and shire-moot. They stood therefore far above the "landless man," the man who had never possessed even under the old const.i.tution political rights, whom the legislation of the English kings had forced to attach himself to a lord on pain of outlawry, and who served as household servant or as hired labourer or at the best as rent-paying tenant of land which was not his own. The Norman knight or lawyer however saw little distinction between these cla.s.ses; and the tendency of legislation under the Angevins was to blend all in a single cla.s.s of serfs. While the pure "theow" or absolute slave disappeared therefore the ceorl or villein sank lower in the social scale. But though the rural population was undoubtedly thrown more together and fused into a more h.o.m.ogeneous cla.s.s, its actual position corresponded very imperfectly with the view of the lawyers. All indeed were dependents on a lord. The manor-house became the centre of every English village. The manor-court was held in its hall; it was here that the lord or his steward received homage, recovered fines, held the view of frank-pledge, or enrolled the villagers in their t.i.thing. Here too, if the lord possessed criminal jurisdiction, was held his justice court, and without its doors stood his gallows. Around it lay the lord's demesne or home-farm, and the cultivation of this rested wholly with the "villeins"

of the manor. It was by them that the great barn was filled with sheaves, the sheep shorn, the grain malted, the wood hewn for the manor-hall fire.

These services were the labour-rent by which they held their lands, and it was the nature and extent of this labour-rent which parted one cla.s.s of the population from another. The "villein," in the strict sense of the word, was bound only to gather in his lord's harvest and to aid in the ploughing and sowing of autumn and Lent. The cottar, the bordar, and the labourer were bound to help in the work of the home-farm throughout the year.

But these services and the time of rendering them were strictly limited by custom, not only in the case of the ceorl or villein but in that of the originally meaner "landless man." The possession of his little homestead with the ground around it, the privilege of turning out his cattle on the waste of the manor, pa.s.sed quietly and insensibly from mere indulgences that could be granted or withdrawn at a lord's caprice into rights that could be pleaded at law. The number of teams, the fines, the reliefs, the services that a lord could claim, at first mere matter of oral tradition, came to be entered on the court-roll of the manor, a copy of which became the t.i.tle-deed of the villein. It was to this that he owed the name of "copy-holder" which at a later time superseded his older t.i.tle. Disputes were settled by a reference to this roll or on oral evidence of the custom at issue, but a social arrangement which was eminently characteristic of the English spirit of compromise generally secured a fair adjustment of the claims of villein and lord. It was the duty of the lord's bailiff to exact their due services from the villeins, but his coadjutor in this office, the reeve or foreman of the manor, was chosen by the tenants themselves and acted as representative of their interests and rights. A fresh step towards freedom was made by the growing tendency to commute labour-services for money-payments. The population was slowly increasing, and as the law of gavel-kind which was applicable to all landed estates not held by military tenure divided the inheritance of the tenantry equally among their sons, the holding of each tenant and the services due from it became divided in a corresponding degree. A labour-rent thus became more difficult to enforce, while the increase of wealth among the tenantry and the rise of a new spirit of independence made it more burthensome to those who rendered it. It was probably from this cause that the commutation of the arrears of labour for a money payment, which had long prevailed on every estate, gradually developed into a general commutation of services. We have already witnessed the silent progress of this remarkable change in the case of St. Edmundsbury, but the practice soon became universal, and "malt-silver," "wood-silver," and "larder-silver" gradually took the place of the older personal services on the court-rolls. The process of commutation was hastened by the necessities of the lords themselves. The luxury of the castle-hall, the splendour and pomp of chivalry, the cost of campaigns drained the purses of knight and baron, and the sale of freedom to a serf or exemption from services to a villein afforded an easy and tempting mode of refilling them. In this process even kings took part. At a later time, under Edward the Third, commissioners were sent to royal estates for the especial purpose of selling manumissions to the king's serfs; and we still possess the names of those who were enfranchised with their families by a payment of hard cash in aid of the exhausted exchequer.

[Sidenote: England]

Such was the people which had been growing into a national unity and a national vigour while English king and English baronage battled for rule.

But king and baronage themselves had changed like townsman and ceorl. The loss of Normandy, entailing as it did the loss of their Norman lands, was the last of many influences which had been giving through a century and a half a national temper to the baronage. Not only the "new men," the ministers out of whom the two Henries had raised a n.o.bility, were bound to the Crown, but the older feudal houses now owned themselves as Englishmen and set aside their aims after personal independence for a love of the general freedom of the land. They stood out as the natural leaders of a people bound together by the stern government which had crushed all local division, which had accustomed men to the enjoyment of a peace and justice that imperfect as it seems to modern eyes was almost unexampled elsewhere in Europe, and which had trained them to something of their old free government again by the very machinery of election it used to facilitate its heavy taxation. On the other hand the loss of Normandy brought home the king. The growth which had been going on had easily escaped the eyes of rulers who were commonly absent from the realm and busy with the affairs of countries beyond the sea. Henry the Second had been absent for years from England: Richard had only visited it twice for a few months: John had as yet been almost wholly occupied with his foreign dominions. To him as to his brother England had as yet been nothing but a land whose gold paid the mercenaries that followed him, and whose people bowed obediently to his will. It was easy to see that between such a ruler and such a nation once brought together strife must come: but that the strife came as it did and ended as it did was due above all to the character of the king.

[Sidenote: John]

"Foul as it is, h.e.l.l itself is defiled by the fouler presence of John."

The terrible verdict of his contemporaries has pa.s.sed into the sober judgement of history. Externally John possessed all the quickness, the vivacity, the cleverness, the good-humour, the social charm which distinguished his house. His worst enemies owned that he toiled steadily and closely at the work of administration. He was fond of learned men like Gerald of Wales. He had a strange gift of attracting friends and of winning the love of women. But in his inner soul John was the worst outcome of the Angevins. He united into one ma.s.s of wickedness their insolence, their selfishness, their unbridled l.u.s.t, their cruelty and tyranny, their shamelessness, their superst.i.tion, their cynical indifference to honour or truth. In mere boyhood he tore with brutal levity the beards of the Irish chieftains who came to own him as their lord. His ingrat.i.tude and perfidy brought his father with sorrow to the grave. To his brother he was the worst of traitors. All Christendom believed him to be the murderer of his nephew, Arthur of Britanny. He abandoned one wife and was faithless to another. His punishments were refinements of cruelty, the starvation of children, the crushing old men under copes of lead. His court was a brothel where no woman was safe from the royal l.u.s.t, and where his cynicism loved to publish the news of his victims' shame. He was as craven in his superst.i.tion as he was daring in his impiety. Though he scoffed at priests and turned his back on the ma.s.s even amidst the solemnities of his coronation, he never stirred on a journey without hanging relics round his neck. But with the wickedness of his race he inherited its profound ability. His plan for the relief of Chateau Gaillard, the rapid march by which he shattered Arthur's hopes at Mirebeau, showed an inborn genius for war. In the rapidity and breadth of his political combinations he far surpa.s.sed the statesmen of his time.

Throughout his reign we see him quick to discern the difficulties of his position, and inexhaustible in the resources with which he met them. The overthrow of his continental power only spurred him to the formation of a league which all but brought Philip to the ground; and the sudden revolt of England was parried by a shameless alliance with the Papacy. The closer study of John's history clears away the charges of sloth and incapacity with which men tried to explain the greatness of his fall. The awful lesson of his life rests on the fact that the king who lost Normandy, became the va.s.sal of the Pope, and perished in a struggle of despair against English freedom, was no weak and indolent voluptuary but the ablest and most ruthless of the Angevins.

[Sidenote: Innocent the Third]

From the moment of his return to England in 1204 John's whole energies were bent to the recovery of his dominions on the Continent. He impatiently collected money and men for the support of those adherents of the House of Anjou who were still struggling against the arms of France in Poitou and Guienne, and in the summer of 1205 he gathered an army at Portsmouth and prepared to cross the Channel. But his project was suddenly thwarted by the resolute opposition of the Primate, Hubert Walter, and the Earl of Pembroke, William Marshal. So completely had both the baronage and the Church been humbled by his father that the att.i.tude of their representatives revealed to the king a new spirit of national freedom which was rising around him, and John at once braced himself to a struggle with it. The death of Hubert Walter in July, only a few weeks after his protest, removed his most formidable opponent, and the king resolved to neutralize the opposition of the Church by placing a creature of his own at its head. John de Grey, Bishop of Norwich, was elected by the monks of Canterbury at his bidding, and enthroned as Primate. But in a previous though informal gathering the convent had already chosen its sub-prior, Reginald, as Archbishop. The rival claimants hastened to appeal to Rome, and their appeal reached the Papal Court before Christmas. The result of the contest was a startling one both for themselves and for the king. After a year's careful examination Innocent the Third, who now occupied the Papal throne, quashed at the close of 1206 both the contested elections. The decision was probably a just one, but Innocent was far from stopping there. The monks who appeared before him brought powers from the convent to choose a new Primate should their earlier nomination be set aside; and John, secretly a.s.sured of their choice of Grey, had promised to confirm their election. But the bribes which the king lavished at Rome failed to win the Pope over to this plan; and whether from mere love of power, for he was pushing the Papal claims of supremacy over Christendom further than any of his predecessors, or as may fairly be supposed in despair of a free election within English bounds, Innocent commanded the monks to elect in his presence Stephen Langton to the archiepiscopal see.

[Sidenote: The Interdict]

Personally a better choice could not have been made, for Stephen was a man who by sheer weight of learning and holiness of life had risen to the dignity of Cardinal, and whose after career placed him in the front rank of English patriots. But in itself the step was an usurpation of the rights both of the Church and of the Crown. The king at once met it with resistance. When Innocent consecrated the new Primate in June 1207, and threatened the realm with interdict if Langton were any longer excluded from his see, John replied by a counter-threat that the interdict should be followed by the banishment of the clergy and the mutilation of every Italian he could seize in the realm. How little he feared the priesthood he showed when the clergy refused his demand of a thirteenth of movables from the whole country and Archbishop Geoffry of York resisted the tax before the Council. John banished the Archbishop and extorted the money.

Innocent however was not a man to draw back from his purpose, and in March 1208 the interdict he had threatened fell upon the land. All worship save that of a few privileged orders, all administration of Sacraments save that of private baptism, ceased over the length and breadth of the country: the church-bells were silent, the dead lay unburied on the ground. Many of the bishops fled from the country. The Church in fact, so long the main support of the royal power against the baronage, was now driven into opposition. Its change of att.i.tude was to be of vast moment in the struggle which was impending; but John recked little of the future; he replied to the interdict by confiscating the lands of the clergy who observed it, by subjecting them in spite of their privileges to the royal courts, and by leaving outrages on them unpunished. "Let him go," said John, when a Welshman was brought before him for the murder of a priest, "he has killed my enemy." In 1209 the Pope proceeded to the further sentence of excommunication, and the king was formally cut off from the pale of the Church. But the new sentence was met with the same defiance as the old. Five of the bishops fled over sea, and secret disaffection was spreading widely, but there was no public avoidance of the excommunicated king. An Archdeacon of Norwich who withdrew from his service was crushed to death under a cope of lead, and the hint was sufficient to prevent either prelate or n.o.ble from following his example.

[Sidenote: The Deposition]

The att.i.tude of John showed the power which the administrative reforms of his father had given to the Crown. He stood alone, with n.o.bles estranged from him and the Church against him, but his strength seemed utterly unbroken. From the first moment of his rule John had defied the baronage.

The promise to satisfy their demand for redress of wrongs in the past reign, a promise made at his election, remained unfulfilled; when the demand was repeated he answered it by seizing their castles and taking their children as hostages for their loyalty. The cost of his fruitless threats of war had been met by heavy and repeated taxation, by increased land tax and increased scutage. The quarrel with the Church and fear of their revolt only deepened his oppression of the n.o.bles. He drove De Braose, one of the most powerful of the Lords Marchers, to die in exile, while his wife and grandchildren were believed to have been starved to death in the royal prisons. On the n.o.bles who still clung panic-stricken to the court of the excommunicate king John heaped outrages worse than death. Illegal exactions, the seizure of their castles, the preference shown to foreigners, were small provocations compared with his attacks on the honour of their wives and daughters. But the baronage still submitted. The financial exactions indeed became light as John filled his treasury with the goods of the Church; the king's vigour was seen in the rapidity with which he crushed a rising of the n.o.bles in Ireland, and foiled an outbreak of the Welsh; while the triumphs of his father had taught the baronage its weakness in any single-handed struggle against the Crown. Hated therefore as he was the land remained still. Only one weapon was now left in Innocent's hands. Men held then that a king, once excommunicate, ceased to be a Christian or to have any claims on the obedience of Christian subjects. As spiritual heads of Christendom, the Popes had ere now a.s.serted their right to remove such a ruler from his throne and to give it to a worthier than he; and it was this right which Innocent at last felt himself driven to exercise. After useless threats he issued in 1212 a bull of deposition against John, absolved his subjects from their allegiance, proclaimed a crusade against him as an enemy to Christianity and the Church, and committed the execution of the sentence to the king of the French. John met the announcement of this step with the same scorn as before. His insolent disdain suffered the Roman legate, Cardinal Pandulf, to proclaim his deposition to his face at Northampton. When Philip collected an army for an attack on England an enormous host gathered at the king's call on Barham Down; and the English fleet dispelled all danger of invasion by crossing the Channel, by capturing a number of French ships, and by burning Dieppe.

[Sidenote: John's Submission]

But it was not in England only that the king showed his strength and activity. Vile as he was, John possessed in a high degree the political ability of his race, and in the diplomatic efforts with which he met the danger from France he showed himself his father's equal. The barons of Poitou were roused to attack Philip from the south. John bought the aid of the Count of Flanders on his northern border. The German king, Otto, pledged himself to bring the knighthood of Germany to support an invasion of France. But at the moment of his success in diplomacy John suddenly gave way. It was in fact the revelation of a danger at home which shook him from his att.i.tude of contemptuous defiance. The bull of deposition gave fresh energy to every enemy. The Scotch king was in correspondence with Innocent. The Welsh princes who had just been forced to submission broke out again in war. John hanged their hostages, and called his host to muster for a fresh inroad into Wales, but the army met only to become a fresh source of danger. Powerless to oppose the king openly, the baronage had plunged almost to a man into secret conspiracies. The hostility of Philip had dispelled their dread of isolated action; many indeed had even promised aid to the French king on his landing. John found himself in the midst of hidden enemies; and nothing could have saved him but the haste--whether of panic or quick decision--with which he disbanded his army and took refuge in Nottingham Castle. The arrest of some of the barons showed how true were his fears, for the heads of the French conspiracy, Robert Fitzwalter and Eustace de Vesci, at once fled over sea to Philip. His daring self-confidence, the skill of his diplomacy, could no longer hide from John the utter loneliness of his position. At war with Rome, with France, with Scotland, Ireland, and Wales, at war with the Church, he saw himself disarmed by this sudden revelation of treason in the one force left at his disposal. With characteristic suddenness he gave way. He endeavoured by remission of fines to win back his people. He negotiated eagerly with the Pope, consented to receive the Archbishop, and promised to repay the money he had extorted from the Church.

[Sidenote: John becomes va.s.sal of Rome]

But the shameless ingenuity of the king's temper was seen in his resolve to find in his very humiliation a new source of strength. If he yielded to the Church he had no mind to yield to the rest of his foes; it was indeed in the Pope who had defeated him that he saw the means of baffling their efforts. It was Rome that formed the link between the varied elements of hostility which combined against him. It was Rome that gave its sanction to Philip's ambition and roused the hopes of Scotch and Welsh, Rome that called the clergy to independence, and nerved the barons to resistance. To detach Innocent by submission from the league which hemmed him in on every side was the least part of John's purpose. He resolved to make Rome his ally, to turn its spiritual thunders on his foes, to use it in breaking up the confederacy it had formed, in crushing the baronage, in oppressing the clergy, in paralyzing--as Rome only could paralyze--the energy of the Primate. That greater issues even than these were involved in John's rapid change of policy time was to show; but there is no need to credit the king with the foresight that would have discerned them. His quick versatile temper saw no doubt little save the momentary gain. But that gain was immense. Nor was the price as hard to pay as it seems to modern eyes. The Pope stood too high above earthly monarchs, his claims, at least as Innocent conceived and expressed them, were too spiritual, too remote from the immediate business and interests of the day, to make the owning of his suzerainty any very practical burthen. John could recall a time when his father was willing to own the same subjection as that which he was about to take on himself. He could recall the parallel allegiance which his brother had pledged to the Emperor. Shame indeed there must be in any loss of independence, but in this less than any, and with Rome the shame of submission had already been incurred. But whatever were the king's thoughts his act was decisive. On the 15th of May 1213 he knelt before the legate Pandulf, surrendered his kingdom to the Roman See, took it back again as a tributary va.s.sal, swore fealty and did liege homage to the Pope.

[Sidenote: Its Results]

In after times men believed that England thrilled at the news with a sense of national shame such as she had never felt before. "He has become the Pope's man" the whole country was said to have murmured; "he has forfeited the very name of king; from a free man he has degraded himself into a serf." But this was the belief of a time still to come when the rapid growth of national feeling which this step and its issues did more than anything to foster made men look back on the scene between John and Pandulf as a national dishonour. We see little trace of such a feeling in the contemporary accounts of the time. All seem rather to have regarded it as a complete settlement of the difficulties in which king and kingdom were involved. As a political measure its success was immediate and complete. The French army at once broke up in impotent rage, and when Philip turned on the enemy John had raised up for him in Flanders, five hundred English ships under the Earl of Salisbury fell upon the fleet which accompanied the French army along the coast and utterly destroyed it. The league which John had so long matured at once disclosed itself.

Otto, reinforcing his German army by the knighthood of Flanders and Boulogne as well as by a body of mercenaries in the pay of the English king, invaded France from the north. John called on his baronage to follow him over sea for an attack on Philip from the south.

[Sidenote: Geoffry Fitz-Peter]

Their plea that he remained excommunicate was set aside by the arrival of Langton and his formal absolution of the king on a renewal of his coronation oath and a pledge to put away all evil customs. But the barons still stood aloof. They would serve at home, they said, but they refused to cross the sea. Those of the north took a more decided att.i.tude of opposition. From this point indeed the northern barons begin to play their part in our const.i.tutional history. Lacies, Vescies, Percies, Stutevilles, Bruces, houses such as those of de Ros or de Vaux, all had sprung to greatness on the ruins of the Mowbrays and the great houses of the Conquest, and had done service to the Crown in its strife with the older feudatories. But loyal as was their tradition they were English to the core; they had neither lands nor interest over sea, and they now declared themselves bound by no tenure to follow the king in foreign wars. Furious at this check to his plans John marched in arms northwards to bring these barons to submission. But he had now to reckon with a new antagonist in the Justiciar, Geoffry Fitz-Peter. Geoffry had hitherto bent to the king's will; but the political sagacity which he drew from the school of Henry the Second in which he had been trained showed him the need of concession, and his wealth, his wide kinship, and his experience of affairs gave his interposition a decisive weight. He seized on the political opportunity which was offered by the gathering of a Council at St. Albans at the opening of August with the purpose of a.s.sessing the damages done to the Church. Besides the bishops and barons, a reeve and his four men were summoned to this Council from each royal demesne, no doubt simply as witnesses of the sums due to the plundered clergy. Their presence however was of great import. It is the first instance which our history presents of the summons of such representatives to a national Council, and the instance took fresh weight from the great matters which came to be discussed. In the king's name the Justiciar promised good government for the time to come, and forbade all royal officers to practise extortion as they prized life and limb. The king's peace was pledged to those who had opposed him in the past; and observance of the laws of Henry the First was enjoined upon all within the realm.

[Sidenote: Stephen Langton]

But it was not in Geoffry Fitz-Peter that English freedom was to find its champion and the baronage their leader. From the moment of his landing in England Stephen Langton had taken up the const.i.tutional position of the Primate in upholding the old customs and rights of the realm against the personal despotism of the kings. As Anselm had withstood William the Red, as Theobald had withstood Stephen, so Langton prepared to withstand and rescue his country from the tyranny of John. He had already forced him to swear to observe the laws of Edward the Confessor, in other words the traditional liberties of the realm. When the baronage refused to sail for Poitou he compelled the king to deal with them not by arms but by process of law. But the work which he now undertook was far greater and weightier than this. The pledges of Henry the First had long been forgotten when the Justiciar brought them to light, but Langton saw the vast importance of such a precedent. At the close of the month he produced Henry's charter in a fresh gathering of barons at St. Paul's, and it was at once welcomed as a base for the needed reforms. From London Langton hastened to the king, whom he reached at Northampton on his way to attack the n.o.bles of the north, and wrested from him a promise to bring his strife with them to legal judgement before a.s.sailing them in arms. With his allies gathering abroad John had doubtless no wish to be entangled in a long quarrel at home, and the Archbishop's mediation allowed him to withdraw with seeming dignity. After a demonstration therefore at Durham John marched hastily south again, and reached London in October. His Justiciar at once laid before him the claims of the Councils of St.

Alban's and St. Paul's; but the death of Geoffry at this juncture freed him from the pressure which his minister was putting upon him. "Now, by G.o.d's feet," cried John, "I am for the first time King and Lord of England," and he entrusted the vacant justiciarship to a Poitevin, Peter des Roches, the Bishop of Winchester, whose temper was in harmony with his own. But the death of Geoffry only called the Archbishop to the front, and Langton at once demanded the king's a.s.sent to the charter of Henry the First. In seizing on this charter as a basis for national action Langton showed a political ability of the highest order. The enthusiasm with which its recital was welcomed showed the sagacity with which the Archbishop had chosen his ground. From that moment the baronage was no longer drawn together in secret conspiracies by a sense of common wrong or a vague longing for common deliverance: they were openly united in a definite claim of national freedom and national law.

[Sidenote: Bouvines]

John could as yet only meet the claim by delay. His policy had still to wait for its fruits at Rome, his diplomacy to reap its harvest in Flanders, ere he could deal with England. From the hour of his submission to the Papacy his one thought had been that of vengeance on the barons who, as he held, had betrayed him; but vengeance was impossible till he should return a conqueror from the fields of France. It was a sense of this danger which nerved the baronage to their obstinate refusal to follow him over sea: but furious as he was at their resistance, the Archbishop's interposition condemned John still to wait for the hour of his revenge. In the spring of 1214 he crossed with what forces he could gather to Poitou, rallied its n.o.bles round him, pa.s.sed the Loire in triumph, and won back again Angers, the home of his race. At the same time Otto and the Count of Flanders, their German and Flemish knighthood strengthened by reinforcements from Boulogne as well as by a body of English troops under the Earl of Salisbury, threatened France from the north. For the moment Philip seemed lost: and yet on the fortunes of Philip hung the fortunes of English freedom. But in this crisis of her fate, France was true to herself and her king. From every borough of Northern France the townsmen marched to his rescue, and the village priests led their flocks to battle with the Church-banners flying at their head. The two armies met at the close of July near the bridge of Bouvines, between Lille and Tournay, and from the first the day went against the allies. The Flemish knights were the first to fly; then the Germans in the centre of the host were crushed by the overwhelming numbers of the French; last of all the English on the right of it were broken by a fierce onset of the Bishop of Beauvais who charged mace in hand and struck the Earl of Salisbury to the ground. The news of this complete overthrow reached John in the midst of his triumphs in the South, and scattered his hopes to the winds. He was at once deserted by the Poitevin n.o.bles; and a hasty retreat alone enabled him to return in October, baffled and humiliated, to his island kingdom.

[Sidenote: Rising of the Baronage]

His return forced on the crisis to which events had so long been drifting. The victory at Bouvines gave strength to his opponents. The open resistance of the northern barons nerved the rest of their order to action. The great houses who had cast away their older feudal traditions for a more national policy were drawn by the crisis into close union with the families which had sprung from the ministers and councillors of the two Henries. To the first group belonged such men as Saher de Quinci, the Earl of Winchester, Geoffrey of Mandeville, Earl of Ess.e.x, the Earl of Clare, Fulk Fitz-Warin, William Mallet, the houses of Fitz-Alan and Gant.

Among the second group were Henry Bohun and Roger BiG.o.d, the Earls of Hereford and Norfolk, the younger William Marshal, and Robert de Vere.

Robert Fitz-Walter, who took the command of their united force, represented both parties equally, for he was sprung from the Norman house of Brionne, while the Justiciar of Henry the Second, Richard de Lucy, had been his grandfather. Secretly, and on the pretext of pilgrimage, these n.o.bles met at St. Edmundsbury, resolute to bear no longer with John's delays. If he refused to restore their liberties they swore to make war on him till he confirmed them by Charter under the king's seal, and they parted to raise forces with the purpose of presenting their demands at Christmas. John, knowing nothing of the coming storm, pursued his policy of winning over the Church by granting it freedom of election, while he embittered still more the strife with his n.o.bles by demanding scutage from the northern n.o.bles who had refused to follow him to Poitou. But the barons were now ready to act, and early in January in the memorable year 1215 they appeared in arms to lay, as they had planned, their demands before the king.

[Sidenote: John deserted]

John was taken by surprise. He asked for a truce till Easter-tide, and spent the interval in fevered efforts to avoid the blow. Again he offered freedom to the Church, and took vows as a Crusader against whom war was a sacrilege, while he called for a general oath of allegiance and fealty from the whole body of his subjects. But month after month only showed the king the uselessness of further resistance. Though Pandulf was with him, his va.s.salage had as yet brought little fruit in the way of aid from Rome; the commissioners whom he sent to plead his cause at the shire-courts brought back news that no man would help him against the charter that the barons claimed: and his efforts to detach the clergy from the league of his opponents utterly failed. The nation was against the king. He was far indeed from being utterly deserted. His ministers still clung to him, men such as Geoffrey de Lucy, Geoffrey de Furnival, Thomas Ba.s.set, and William Briwere, statesmen trained in the administrative school of his father and who, dissent as they might from John's mere oppression, still looked on the power of the Crown as the one barrier against feudal anarchy: and beside them stood some of the great n.o.bles of royal blood, his father's b.a.s.t.a.r.d Earl William of Salisbury, his cousin Earl William of Warenne, and Henry Earl of Cornwall, a grandson of Henry the First. With him too remained Ranulf, Earl of Chester, and the wisest and n.o.blest of the barons, William Marshal the elder, Earl of Pembroke. William Marshal had shared in the rising of the younger Henry against Henry the Second, and stood by him as he died; he had shared in the overthrow of William Longchamp and in the outlawry of John. He was now an old man, firm, as we shall see in his after-course, to recall the government to the path of freedom and law, but shrinking from a strife which might bring back the anarchy of Stephen's day, and looking for reforms rather in the bringing const.i.tutional pressure to bear upon the king than in forcing them from him by arms.

[Sidenote: John yields]

But cling as such men might to John, they clung to him rather as mediators than adherents. Their sympathies went with the demands of the barons when the delay which had been granted was over and the n.o.bles again gathered in arms at Brackley in Northamptonshire to lay their claims before the King. Nothing marks more strongly the absolutely despotic idea of his sovereignty which John had formed than the pa.s.sionate surprise which breaks out in his reply. "Why do they not ask for my kingdom?" he cried. "I will never grant such liberties as will make me a slave!" The imperialist theories of the lawyers of his father's court had done their work. Held at bay by the practical sense of Henry, they had told on the more headstrong nature of his sons. Richard and John both held with Glanvill that the will of the prince was the law of the land; and to fetter that will by the customs and franchises which were embodied in the barons' claims seemed to John a monstrous usurpation of his rights. But no imperialist theories had touched the minds of his people. The country rose as one man at his refusal. At the close of May London threw open her gates to the forces of the barons, now arrayed under Robert Fitz-Walter as "Marshal of the Army of G.o.d and Holy Church."

Exeter and Lincoln followed the example of the capital; promises of aid came from Scotland and Wales; the northern barons marched hastily under Eustace de Vesci to join their comrades in London. Even the n.o.bles who had as yet clung to the king, but whose hopes of conciliation were blasted by his obstinacy, yielded at last to the summons of the "Army of G.o.d." Pandulf indeed and Archbishop Langton still remained with John, but they counselled, as Earl Ranulf and William Marshal counselled, his acceptance of the Charter. None in fact counselled its rejection save his new Justiciar, the Poitevin Peter des Roches, and other foreigners who knew the barons purposed driving them from the land. But even the number of these was small; there was a moment when John found himself with but seven knights at his back and before him a nation in arms. Quick as he was, he had been taken utterly by surprise. It was in vain that in the short respite he had gained from Christmas to Easter he had summoned mercenaries to his aid and appealed to his new suzerain, the Pope.

Summons and appeal were alike too late. Nursing wrath in his heart, John bowed to necessity and called the barons to a conference on an island in the Thames, between Windsor and Staines, near a marshy meadow by the river side, the meadow of Runnymede. The king encamped on one bank of the river, the barons covered the flat of Runnymede on the other. Their delegates met on the 15th of June in the island between them, but the negotiations were a mere cloak to cover John's purpose of unconditional submission. The Great Charter was discussed and agreed to in a single day.

[Sidenote: The Great Charter]

Copies of it were made and sent for preservation to the cathedrals and churches, and one copy may still be seen in the British Museum, injured by age and fire, but with the royal seal still hanging from the brown, shrivelled parchment. It is impossible to gaze without reverence on the earliest monument of English freedom which we can see with our own eyes and touch with our own hands, the great Charter to which from age to age men have looked back as the groundwork of English liberty. But in itself the Charter was no novelty, nor did it claim to establish any new const.i.tutional principles. The Charter of Henry the First formed the basis of the whole, and the additions to it are for the most part formal recognitions of the judicial and administrative changes introduced by Henry the Second. What was new in it was its origin. In form, like the Charter on which it was based, it was nothing but a royal grant. In actual fact it was a treaty between the whole English people and its king. In it England found itself for the first time since the Conquest a nation bound together by common national interests, by a common national sympathy. In words which almost close the Charter, the "community of the whole land" is recognized as the great body from which the restraining power of the baronage takes its validity. There is no distinction of blood or cla.s.s, of Norman or not Norman, of n.o.ble or not n.o.ble. All are recognized as Englishmen, the rights of all are owned as English rights.

Bishops and n.o.bles claimed and secured at Runnymede the rights not of baron and churchman only but those of freeholder and merchant, of townsman and villein. The provisions against wrong and extortion which the barons drew up as against the king for themselves they drew up as against themselves for their tenants. Based too as it professed to be on Henry's Charter it was far from being a mere copy of what had gone before. The vague expressions of the old Charter were now exchanged for precise and elaborate provisions. The bonds of unwritten custom which the older grant did little more than recognize had proved too weak to hold the Angevins; and the baronage set them aside for the restraints of written and defined law. It is in this way that the Great Charter marks the transition from the age of traditional rights, preserved in the nation's memory and officially declared by the Primate, to the age of written legislation, of Parliaments and Statutes, which was to come.

Its opening indeed is in general terms. The Church had shown its power of self-defence in the struggle over the interdict, and the clause which recognized its rights alone retained the older and general form. But all vagueness ceases when the Charter pa.s.ses on to deal with the rights of Englishmen at large, their right to justice, to security of person and property, to good government. "No freeman," ran a memorable article that lies at the base of our whole judicial system, "shall be seized or imprisoned, or dispossessed, or outlawed, or in any way brought to ruin: we will not go against any man nor send against him, save by legal judgement of his peers or by the law of the land." "To no man will we sell," runs another, "or deny, or delay, right or justice." The great reforms of the past reigns were now formally recognized; judges of a.s.size were to hold their circuits four times in the year, and the King's Court was no longer to follow the king in his wanderings over the realm but to sit in a fixed place. But the denial of justice under John was a small danger compared with the lawless exactions both of himself and his predecessor. Richard had increased the amount of the scutage which Henry the Second had introduced, and applied it to raise funds for his ransom.

He had restored the Danegeld, or land-tax, so often abolished, under the new name of "carucage," had seized the wool of the Cistercians and the plate of the churches, and rated movables as well as land. John had again raised the rate of scutage, and imposed aids, fines, and ransoms at his pleasure without counsel of the baronage. The Great Charter met this abuse by a provision on which our const.i.tutional system rests. "No scutage or aid [other than the three customary feudal aids] shall be imposed in our realm save by the common council of the realm"; and to this Great Council it was provided that prelates and the greater barons should be summoned by special writ, and all tenants in chief through the sheriffs and bailiffs, at least forty days before. The provision defined what had probably been the common usage of the realm; but the definition turned it into a national right, a right so momentous that on it rests our whole Parliamentary life. Even the baronage seem to have been startled when they realized the extent of their claim; and the provision was dropped from the later issue of the Charter at the outset of the next reign. But the clause brought home to the nation at large their possession of a right which became dearer as years went by. More and more clearly the nation discovered that in these simple words lay the secret of political power. It was the right of self-taxation that England fought for under Earl Simon as she fought for it under Hampden. It was the establishment of this right which established English freedom.

The rights which the barons claimed for themselves they claimed for the nation at large. The boon of free and unbought justice was a boon for all, but a special provision protected the poor. The forfeiture of the freeman on conviction of felony was never to include his tenement, or that of the merchant his wares, or that of the countryman, as Henry the Second had long since ordered, his wain. The means of actual livelihood were to be left even to the worst. The seizure of provisions, the exaction of forced labour, by royal officers was forbidden; and the abuses of the forest system were checked by a clause which disafforested all forests made in John's reign. The under-tenants were protected against all lawless exactions of their lords in precisely the same terms as these were protected against the lawless exactions of the Crown. The towns were secured in the enjoyment of their munic.i.p.al privileges, their freedom from arbitrary taxation, their rights of justice, of common deliberation, of regulation of trade. "Let the city of London have all its old liberties and its free customs, as well by land as by water.

Besides this, we will and grant that all other cities, and boroughs, and towns, and ports, have all their liberties and free customs." The influence of the trading cla.s.s is seen in two other enactments by which freedom of journeying and trade was secured to foreign merchants, and an uniformity of weights and measures was ordered to be enforced throughout the realm.

[Sidenote: Innocent annuls the Charter]

There remained only one question, and that the most difficult of all; the question how to secure this order which the Charter established in the actual government of the realm. It was easy to sweep away the immediate abuses; the hostages were restored to their homes, the foreigners banished by a clause in the Charter from the country. But it was less easy to provide means for the control of a king whom no man could trust.

By the treaty as settled at Runnymede a council of twenty-five barons were to be chosen from the general body of their order to enforce on John the observance of the Charter, with the right of declaring war on the king should its provisions be infringed, and it was provided that the Charter should not only be published throughout the whole country but sworn to at every hundred-mote and town-mote by order from the king.

"They have given me five-and-twenty over-kings," cried John in a burst of fury, flinging himself on the floor and gnawing sticks and straw in his impotent rage. But the rage soon pa.s.sed into the subtle policy of which he was a master. After a few days he left Windsor; and lingered for months along the southern sh.o.r.e, waiting for news of the aid he had solicited from Rome and from the Continent. It was not without definite purpose that he had become the va.s.sal of the Papacy. While Innocent was dreaming of a vast Christian Empire with the Pope at its head to enforce justice and religion on his under-kings, John believed that the Papal protection would enable him to rule as tyrannically as he would. The thunders of the Papacy were to be ever at hand for his protection, as the armies of England are at hand to protect the vileness and oppression of a Turkish Sultan or a Nizam of Hyderabad. His envoys were already at Rome, pleading for a condemnation of the Charter. The after action of the Papacy shows that Innocent was moved by no hostility to English freedom.

But he was indignant that a matter which might have been brought before his court of appeal as overlord should have been dealt with by armed revolt, and in this crisis both his imperious pride and the legal tendency of his mind swayed him to the side of the king who submitted to his justice. He annulled the Great Charter by a bull in August, and at the close of the year excommunicated the barons.