<h2><SPAN name="page122"></SPAN><span class="pagenum"></span>CHAPTER IX.<br/> <span class="GutSmall">THE SETTLEMENT OF ENGLAND.</span><br/> <span class="GutSmall">1070–1086.</span></h2>
<p><span class="smcap">England</span> was now fully conquered,
and William could for a moment sit down quietly to the rule of
the kingdom that he had won. The time that immediately
followed is spoken of as a time of comparative quiet, and of less
oppression than the times either before or after. Before
and after, warfare, on one side of the sea or the other, was the
main business. Hitherto William has been winning his
kingdom in arms. Afterwards he was more constantly called
away to his foreign dominions, and his absence always led to
greater oppression in England. Just now he had a moment of
repose, when he could give his mind to the affairs of Church and
State in England. Peace indeed was not quite
unbroken. Events were tending to that famous revolt in the
Fenland which is perhaps the best remembered part of
William’s reign. But even this movement was merely
local, and did not seriously interfere with William’s
government. He was now striving to settle the land in
peace, and to make his rule as little grievous to the conquered
as might be. The harrying of Northumberland showed that he
now shrank from no harshness that would serve his ends; but from
mere purposeless oppression he was still free. Nor was he
ever inclined to needless change or to that scorn of the
conquered which meaner conquerors have often shown. He
clearly wished both to change and to oppress as little as he
could. This is a side of him which has been greatly
misunderstood, largely through the book that passes for the
History of Ingulf Abbot of Crowland. Ingulf was
William’s English secretary; a real history of his writing
would be most precious. But the book that goes by his name
is a forgery not older than the fourteenth century, and is in all
points contradicted by the genuine documents of the time.
Thus the forger makes William try to abolish the English language
and order the use of French in legal writings. This is pure
fiction. The truth is that, from the time of
William’s coming, English goes out of use in legal
writings, but only gradually, and not in favour of French.
Ever since the coming of Augustine, English and Latin had been
alternative tongues; after the coming of William English becomes
less usual, and in the course of the twelfth century it goes out
of use in favour of Latin. There are no French documents
till the thirteenth century, and in that century English begins
again. Instead of abolishing the English tongue, William
took care that his English-born son should learn it, and he even
began to learn it himself. A king of those days held it for
his duty to hear and redress his subjects’ complaints; he
had to go through the land and see for himself that those who
acted in his name did right among his people. This earlier
kings had done; this William wished to do; but he found his
ignorance of English a hindrance. Cares of other kinds
checked his English studies, but he may have learned enough to
understand the meaning of his own English charters. Nor did
William try, as he is often imagined to have done, to root out
the ancient institutions of England, and to set up in their stead
either the existing institutions of Normandy or some new
institutions of his own devising. The truth is that with
William began a gradual change in the laws and customs of
England, undoubtedly great, but far less than is commonly
thought. French names have often supplanted English, and
have made the amount of change seem greater than it really
was. Still much change did follow on the Norman Conquest,
and the Norman Conquest was so completely William’s own act
that all that came of it was in some sort his act also. But
these changes were mainly the gradual results of the state of
things which followed William’s coming; they were but very
slightly the results of any formal acts of his. With a
foreign king and foreigners in all high places, much practical
change could not fail to follow, even where the letter of the law
was unchanged. Still the practical change was less than if
the letter of the law had been changed as well. English law
was administered by foreign judges; the foreign grantees of
William held English land according to English law. The
Norman had no special position as a Norman; in every rank except
perhaps the very highest and the very lowest, he had Englishmen
to his fellows. All this helped to give the Norman Conquest
of England its peculiar character, to give it an air of having
swept away everything English, while its real work was to turn
strangers into Englishmen. And that character was impressed
on William’s work by William himself. The king
claiming by legal right, but driven to assert his right by the
sword, was unlike both the foreign king who comes in by peaceful
succession and the foreign king who comes in without even the
pretext of law. The Normans too, if born soldiers, were
also born lawyers, and no man was more deeply impressed with the
legal spirit than William himself. He loved neither to
change the law nor to transgress the law, and he had little need
to do either. He knew how to make the law his instrument,
and, without either changing or transgressing it, to use it to
make himself all-powerful. He thoroughly enjoyed that
system of legal fictions and official euphemisms which marks his
reign. William himself became in some sort an Englishman,
and those to whom he granted English lands had in some sort to
become Englishmen in order to hold them. The Norman stepped
into the exact place of the Englishman whose land he held; he
took his rights and his burthens, and disputes about those rights
and burthens were judged according to English law by the witness
of Englishmen. Reigning over two races in one land, William
would be lord of both alike, able to use either against the other
in case of need. He would make the most of everything in
the feelings and customs of either that tended to strengthen his
own hands. And, in the state of things in which men then
found themselves, whatever strengthened William’s hands
strengthened law and order in his kingdom.</p>
<p>There was therefore nothing to lead William to make any large
changes in the letter of the English law. The powers of a
King of the English, wielded as he knew how to wield them, made
him as great as he could wish to be. Once granting the
original wrong of his coming at all and bringing a host of
strangers with him, there is singularly little to blame in the
acts of the Conqueror. Of bloodshed, of wanton interference
with law and usage, there is wonderfully little. Englishmen
and Normans were held to have settled down in peace under the
equal protection of King William. The two races were
drawing together; the process was beginning which, a hundred
years later, made it impossible, in any rank but the highest and
the lowest, to distinguish Norman from Englishman. Among
the smaller landowners and the townsfolk this intermingling had
already begun, while earls and bishops were not yet so
exclusively Norman, nor had the free churls of England as yet
sunk so low as at a later stage. Still some legislation was
needed to settle the relations of the two races. King
William proclaimed the “renewal of the law of King
Edward.” This phrase has often been misunderstood; it
is a common form when peace and good order are restored after a
period of disturbance. The last reign which is looked back
to as to a time of good government becomes the standard of good
government, and it is agreed between king and people, between
contending races or parties, that things shall be as they were in
the days of the model ruler. So we hear in Normandy of the
renewal of the law of Rolf, and in England of the renewal of the
law of Cnut. So at an earlier time Danes and Englishmen
agreed in the renewal of the law of Edgar. So now Normans
and Englishmen agreed in the renewal of the law of Edward.
There was no code either of Edward’s or of William’s
making. William simply bound himself to rule as Edward had
ruled. But in restoring the law of King Edward, he added,
“with the additions which I have decreed for the advantage
of the people of the English.”</p>
<p>These few words are indeed weighty. The little
legislation of William’s reign takes throughout the shape
of additions. Nothing old is repealed; a few new enactments
are set up by the side of the old ones. And these words
describe, not only William’s actual legislation, but the
widest general effect of his coming. The Norman Conquest
did little towards any direct abolition of the older English laws
or institutions. But it set up some new institutions
alongside of old ones; and it brought in not a few names, habits,
and ways of looking at things, which gradually did their
work. In England no man has pulled down; many have added
and modified. Our law is still the law of King Edward with
the additions of King William. Some old institutions took
new names; some new institutions with new names sprang up by the
side of old ones. Sometimes the old has lasted, sometimes
the new. We still have a <i>king</i> and not a <i>roy</i>;
but he gathers round him a <i>parliament</i> and not a
<i>vitenagemót</i>. We have a <i>sheriff</i> and not
a <i>viscount</i>; but his district is more commonly called a
<i>county</i> than a <i>shire</i>. But <i>county</i> and
<i>shire</i> are French and English for the same thing, and
“parliament” is simply French for the “deep
speech” which King William had with his Witan. The
National Assembly of England has changed its name and its
constitution more than once; but it has never been changed by any
sudden revolution, never till later times by any formal
enactment. There was no moment when one kind of assembly
supplanted another. And this has come because our Conqueror
was, both by his disposition and his circumstances, led to act as
a preserver and not as a destroyer.</p>
<p>The greatest recorded acts of William, administrative and
legislative, come in the last days of his reign. But there
are several enactments of William belonging to various periods of
his reign, and some of them to this first moment of peace.
Here we distinctly see William as an English statesman, as a
statesman who knew how to work a radical change under
conservative forms. One enactment, perhaps the earliest of
all, provided for the safety of the strangers who had come with
him to subdue and to settle in the land. The murder of a
Norman by an Englishman, especially of a Norman intruder by a
dispossessed Englishman, was a thing that doubtless often
happened. William therefore provides for the safety of
those whom he calls “the men whom I brought with me or who
have come after me;” that is, the warriors of Senlac,
Exeter, and York. These men are put within his own peace;
wrong done to them is wrong done to the King, his crown and
dignity. If the murderer cannot be found, the lord and,
failing him, the hundred, must make payment to the King. Of
this grew the presentment of <i>Englishry</i>, one of the few
formal badges of distinction between the conquering and the
conquered race. Its practical need could not have lasted
beyond a generation or two, but it went on as a form ages after
it had lost all meaning. An unknown corpse, unless it could
be proved that the dead man was English, was assumed to be that
of a man who had come with King William, and the fine was
levied. Some other enactments were needed when two nations
lived side by side in the same land. As in earlier times,
Roman and barbarian each kept his own law, so now for some
purposes the Frenchman—“Francigena”—and
the Englishman kept their own law. This is chiefly with
regard to the modes of appealing to God’s judgement in
doubtful cases. The English did this by ordeal, the Normans
by wager of battle. When a man of one nation appealed a man
of the other, the accused chose the mode of trial. If an
Englishman appealed a Frenchman and declined to prove his charge
either way, the Frenchman might clear himself by oath. But
these privileges were strictly confined to Frenchmen who had come
with William and after him. Frenchmen who had in
Edward’s time settled in England as the land of their own
choice, reckoned as Englishmen. Other enactments, fresh
enactments of older laws, touched both races. The slave
trade was rife in its worst form; men were sold out of the land,
chiefly to the Danes of Ireland. Earlier kings had
denounced the crime, and earlier bishops had preached against
it. William denounced it again under the penalty of
forfeiture of all lands and goods, and Saint Wulfstan, the Bishop
of Worcester, persuaded the chief offenders, Englishmen of
Bristol, to give up their darling sin for a season. Yet in
the next reign Anselm and his synod had once more to denounce the
crime under spiritual penalties, when they had no longer the
strong arm of William to enforce them.</p>
<p>Another law bears more than all the personal impress of
William. In it he at once, on one side, forestalls the most
humane theories of modern times, and on the other sins most
directly against them. His remarkable unwillingness to put
any man to death, except among the chances of the battle-field,
was to some extent the feeling of his age. With him the
feeling takes the shape of a formal law. He forbids the
infliction of death for any crime whatever. But those who
may on this score be disposed to claim the Conqueror as a
sympathizer will be shocked at the next enactment. Those
crimes which kings less merciful than William would have punished
with death are to be punished with loss of eyes or other foul and
cruel mutilations. Punishments of this kind now seem more
revolting than death, though possibly, now as then, the sufferer
himself might think otherwise. But in those days to
substitute mutilation for death, in the case of crimes which were
held to deserve death, was universally deemed an act of
mercy. Grave men shrank from sending their fellow-creatures
out of the world, perhaps without time for repentance; but
physical sympathy with physical suffering had little place in
their minds. In the next century a feeling against bodily
mutilation gradually comes in; but as yet the mildest and most
thoughtful men, Anselm himself, make no protest against it when
it is believed to be really deserved. There is no sign of
any general complaint on this score. The English Chronicler
applauds the strict police of which mutilation formed a part, and
in one case he deliberately holds it to be the fitting punishment
of the offence. In fact, when penal settlements were
unknown and legal prisons were few and loathsome, there was
something to be said for a punishment which disabled the criminal
from repeating his offence. In William’s
jurisprudence mutilation became the ordinary sentence of the
murderer, the robber, the ravisher, sometimes also of English
revolters against William’s power. We must in short
balance his mercy against the mercy of Kirk and Jeffreys.</p>
<p>The ground on which the English Chronicler does raise his wail
on behalf of his countrymen is the special jurisprudence of the
forests and the extortions of money with which he charges the
Conqueror. In both these points the royal hand became far
heavier under the Norman rule. In both William’s
character grew darker as he grew older. He is charged with
unlawful exactions of money, in his character alike of sovereign
and of landlord. We read of his sharp practice in dealing
with the profits of the royal demesnes. He would turn out
the tenant to whom he had just let the land, if another offered a
higher rent. But with regard to taxation, we must remember
that William’s exactions, however heavy at the time, were a
step in the direction of regular government. In those days
all taxation was disliked. Direct taking of the
subject’s money by the King was deemed an extraordinary
resource to be justified only by some extraordinary emergency, to
buy off the Danes or to hire soldiers against them. Men
long after still dreamed that the King could “live of his
own,” that he could pay all expenses of his court and
government out of the rents and services due to him as a
landowner, without asking his people for anything in the
character of sovereign. Demands of money on behalf of the
King now became both heavier and more frequent. And another
change which had long been gradually working now came to a
head. When, centuries later, the King was bidden to
“live of his own,” men had forgotten that the land of
the King had once been the land of the nation. In all
Teutonic communities, great and small, just as in the city
communities of Greece and Italy, the community itself was a chief
landowner. The nation had its <i>folkland</i>, its <i>ager
publicus</i>, the property of no one man but of the whole
state. Out of this, by the common consent, portions might
be cut off and <i>booked</i>—granted by a written
document—to particular men as their own
<i>bookland</i>. The King might have his private estate, to
be dealt with at his own pleasure, but of the <i>folkland</i>,
the land of the nation, he was only the chief administrator,
bound to act by the advice of his Witan. But in this case
more than in others, the advice of the Witan could not fail to
become formal; the <i>folkland</i>, ever growing through
confiscations, ever lessening through grants, gradually came to
be looked on as the land of the King, to be dealt with as he
thought good. We must not look for any change formally
enacted; but in Edward’s day the notion of <i>folkland</i>,
as the possession of the nation and not of the King, could have
been only a survival, and in William’s day even the
survival passed away. The land which was practically the
land of King Edward became, as a matter of course, <i>Terra
Regis</i>, the land of King William. That land was now
enlarged by greater confiscations and lessened by greater grants
than ever. For a moment, every lay estate had been part of
the land of William. And far more than had been the land of
the nation remained the land of the King, to be dealt with as he
thought good.</p>
<p>In the tenure of land William seems to have made no formal
change. But the circumstances of his reign gave increased
strength to certain tendencies which had been long afloat.
And out of them, in the next reign, the malignant genius of
Randolf Flambard devised a systematic code of oppression.
Yet even in his work there is little of formal change.
There are no laws of William Rufus. The so called feudal
incidents, the claims of marriage, wardship, and the like, on the
part of the lord, the ancient <i>heriot</i> developed into the
later <i>relief</i>, all these things were in the germ under
William, as they had been in the germ long before him. In
the hands of Randolf Flambard they stiffen into established
custom; their legal acknowledgement comes from the charter of
Henry the First which promises to reform their abuses. Thus
the Conqueror clearly claimed the right to interfere with the
marriages of his nobles, at any rate to forbid a marriage to
which he objected on grounds of policy. Under Randolf
Flambard this became a regular claim, which of course was made a
means of extorting money. Under Henry the claim is
regulated and modified, but by being regulated and modified, it
is legally established.</p>
<p>The ordinary administration of the kingdom went on under
William, greatly modified by the circumstances of his reign, but
hardly at all changed in outward form. Like the kings that
were before him, he “wore his crown” at the three
great feasts, at Easter at Winchester, at Pentecost at
Westminster, at Christmas at Gloucester. Like the kings
that were before him, he gathered together the great men of the
realm, and when need was, the small men also. Nothing seems
to have been changed in the constitution or the powers of the
assembly; but its spirit must have been utterly changed.
The innermost circle, earls, bishops, great officers of state and
household, gradually changed from a body of Englishmen with a few
strangers among them into a body of strangers among whom two or
three Englishmen still kept their places. The result of
their “deep speech” with William was not likely to be
other than an assent to William’s will. The ordinary
freeman did not lose his abstract right to come and shout
“Yea, yea,” to any addition that King William made to
the law of King Edward. But there would be nothing to tempt
him to come, unless King William thought fit to bid him.
But once at least William did gather together, if not every
freeman, at least all freeholders of the smallest account.
On one point the Conqueror had fully made up his mind; on one
point he was to be a benefactor to his kingdom through all
succeeding ages. The realm of England was to be one and
indivisible. No ruler or subject in the kingdom of England
should again dream that that kingdom could be split
asunder. When he offered Harold the underkingship of the
realm or of some part of it, he did so doubtless only in the full
conviction that the offer would be refused. No such offer
should be heard of again. There should be no such division
as had been between Cnut and Edmund, between Harthacnut and the
first Harold, such as Edwin and Morkere had dreamed of in later
times. Nor should the kingdom be split asunder in that
subtler way which William of all men best understood, the way in
which the Frankish kingdoms, East and West, had split
asunder. He would have no dukes or earls who might become
kings in all but name, each in his own duchy or earldom. No
man in his realm should be to him as he was to his overlord at
Paris. No man in his realm should plead duty towards an
immediate lord as an excuse for breach of duty towards the lord
of that immediate lord. Hence William’s policy with
regard to earldoms. There was to be nothing like the great
governments which had been held by Godwine, Leofric, and Siward;
an Earl of the West-Saxons or the Northumbrians was too like a
Duke of the Normans to be endured by one who was Duke of the
Normans himself. The earl, even of the king’s
appointment, still represented the separate being of the district
over which he was set. He was the king’s
representative rather than merely his officer; if he was a
magistrate and not a prince, he often sat in the seat of former
princes, and might easily grow into a prince. And at last,
at the very end of his reign, as the finishing of his work, he
took the final step that made England for ever one. In 1086
every landowner in England swore to be faithful to King William
within and without England and to defend him against his
enemies. The subject’s duty to the King was to any
duty which the vassal might owe to any inferior lord. When
the King was the embodiment of national unity and orderly
government, this was the greatest of all steps in the direction
of both. Never did William or any other man act more
distinctly as an English statesman, never did any one act tell
more directly towards the later making of England, than this
memorable act of the Conqueror. Here indeed is an addition
which William made to the law of Edward for the truest good of
the English folk. And yet no enactment has ever been more
thoroughly misunderstood. Lawyer after lawyer has set down
in his book that, at the assembly of Salisbury in 1086, William
introduced “the feudal system.” If the words
“feudal system” have any meaning, the object of the
law now made was to hinder any “feudal system” from
coming into England. William would be king of a kingdom,
head of a commonwealth, personal lord of every man in his realm,
not merely, like a King of the French, external lord of princes
whose subjects owed him no allegiance. This greatest
monument of the Conqueror’s statesmanship was carried into
effect in a special assembly of the English nation gathered on
the first day of August 1086 on the great plain of
Salisbury. Now, perhaps for the first time, we get a
distinct foreshadowing of Lords and Commons. The Witan, the
great men of the realm, and “the landsitting men,”
the whole body of landowners, are now distinguished. The
point is that William required the personal presence of every man
whose personal allegiance he thought worth having. Every
man in the mixed assembly, mixed indeed in race and speech, the
King’s own men and the men of other lords, took the oath
and became the man of King William. On that day England
became for ever a kingdom one and indivisible, which since that
day no man has dreamed of parting asunder.</p>
<div class="gapspace"> </div>
<p>The great assembly of 1086 will come again among the events of
William’s later reign; it comes here as the last act of
that general settlement which began in 1070. That
settlement, besides its secular side, has also an ecclesiastical
side of a somewhat different character. In both
William’s coming brought the island kingdom into a closer
connexion with the continent; and brought a large displacement of
Englishmen and a large promotion of strangers. But on the
ecclesiastical side, though the changes were less violent, there
was a more marked beginning of a new state of things. The
religious missionary was more inclined to innovate than the
military conqueror. Here William not only added but
changed; on one point he even proclaimed that the existing law of
England was bad. Certainly the religious state of England
was likely to displease churchmen from the mainland. The
English Church, so directly the child of the Roman, was, for that
very reason, less dependent on her parent. She was a free
colony, not a conquered province. The English Church too
was most distinctly national; no land came so near to that ideal
state of things in which the Church is the nation on its
religious side. Papal authority therefore was weaker in
England than elsewhere, and a less careful line was drawn between
spiritual and temporal things and jurisdictions. Two
friendly powers could take liberties with each other. The
national assemblies dealt with ecclesiastical as well as with
temporal matters; one indeed among our ancient laws blames any
assembly that did otherwise. Bishop and earl sat together
in the local <i>Gemót</i>, to deal with many matters
which, according to continental ideas, should have been dealt
with in separate courts. And, by what in continental eyes
seemed a strange laxity of discipline, priests, bishops, members
of capitular bodies, were often married. The English
diocesan arrangements were unlike continental models. In
Gaul, by a tradition of Roman date, the bishop was bishop of the
city. His diocese was marked by the extent of the civil
jurisdiction of the city. His home, his head church, his
<i>bishopstool</i> in the head church, were all in the
city. In Teutonic England the bishop was commonly bishop,
not of a city but of a tribe or district; his style was that of a
tribe; his home, his head church, his bishopstool, might be
anywhere within the territory of that tribe. Still, on the
greatest point of all, matters in England were thoroughly to
William’s liking; nowhere did the King stand forth more
distinctly as the Supreme Governor of the Church. In
England, as in Normandy, the right of the sovereign to the
investiture of ecclesiastical benefices was ancient and
undisputed. What Edward had freely done, William went on
freely doing, and Hildebrand himself never ventured on a word of
remonstrance against a power which he deemed so wrongful in the
hands of his own sovereign. William had but to stand on the
rights of his predecessors. When Gregory asked for homage
for the crown which he had in some sort given, William answered
indeed as an English king. What the kings before him had
done for or paid to the Roman see, that would he do and pay; but
this no king before him had ever done, nor would he be the first
to do it. But while William thus maintained the rights of
his crown, he was willing and eager to do all that seemed needful
for ecclesiastical reform. And the general result of his
reform was to weaken the insular independence of England, to make
her Church more like the other Churches of the West, and to
increase the power of the Roman Bishop.</p>
<p>William had now a fellow-worker in his taste. The subtle
spirit which had helped to win his kingdom was now at his side to
help him to rule it. Within a few months after the taking
of Chester Lanfranc sat on the throne of Augustine. As soon
as the actual Conquest was over, William began to give his mind
to ecclesiastical matters. It might look like sacrilege
when he caused all the monasteries of England to be
harried. But no harm was done to the monks or to their
possessions. The holy houses were searched for the hoards
which the rich men of England, fearing the new king, had laid up
in the monastic treasuries. William looked on these hoards
as part of the forfeited goods of rebels, and carried them off
during the Lent of 1070. This done, he sat steadily down to
the reform of the English Church.</p>
<p>He had three papal legates to guide him, one of whom,
Ermenfrid, Bishop of Sitten, had come in on a like errand in the
time of Edward. It was a kind of solemn confirmation of the
Conquest, when, at the assembly held at Winchester in 1070, the
King’s crown was placed on his head by Ermenfrid. The
work of deposing English prelates and appointing foreign
successors now began. The primacy of York was regularly
vacant; Ealdred had died as the Danes sailed up the Humber to
assault or to deliver his city. The primacy of Canterbury
was to be made vacant by the deposition of Stigand. His
canonical position had always been doubtful; neither Harold nor
William had been crowned by him; yet William had treated him
hitherto with marked courtesy, and he had consecrated at least
one Norman bishop, Remigius of Dorchester. He was now
deprived both of the archbishopric and of the bishopric of
Winchester which he held with it, and was kept under restraint
for the rest of his life. According to foreign canonical
rules the sentence may pass as just; but it marked a stage in the
conquest of England when a stout-hearted Englishman was removed
from the highest place in the English Church to make way for the
innermost counsellor of the Conqueror. In the Pentecostal
assembly, held at Windsor, Lanfranc was appointed archbishop; his
excuses were overcome by his old master Herlwin of Bec; he came
to England, and on August 15, 1070 he was consecrated to the
primacy.</p>
<p>Other deprivations and appointments took place in these
assemblies. The see of York was given to Thomas, a canon of
Bayeux, a man of high character and memorable in the local
history of his see. The abbey of Peterborough was vacant by
the death of Brand, who had received the staff from the uncrowned
Eadgar. It was only by rich gifts that he had turned away
the wrath of William from his house. The Fenland was
perhaps already stirring, and the Abbot of Peterborough might
have to act as a military commander. In this case the
prelate appointed, a Norman named Turold, was accordingly more of
a soldier than of a monk. From these assemblies of 1070 the
series of William’s ecclesiastical changes goes on.
As the English bishops die or are deprived, strangers take their
place. They are commonly Normans, but Walcher, who became
Bishop of Durham in 1071, was one of those natives of Lorraine
who had been largely favoured in Edward’s day. At the
time of William’s death Wulfstan was the only Englishman
who kept a bishopric. Even his deprivation had once been
thought of. The story takes a legendary shape, but it
throws an important light on the relations of Church and State in
England. In an assembly held in the West Minster Wulfstan
is called on by William and Lanfranc to give up his staff.
He refuses; he will give it back to him who gave it, and places
it on the tomb of his dead master Edward. No of his enemies
can move it. The sentence is recalled, and the staff yields
to his touch. Edward was not yet a canonized saint; the
appeal is simply from the living and foreign king to the dead and
native king. This legend, growing up when Western Europe
was torn in pieces by the struggle about investitures, proves
better than the most authentic documents how the right which
Popes denied to Emperors was taken for granted in the case of an
English king. But, while the spoils of England, temporal
and spiritual, were thus scattered abroad among men of the
conquering race, two men at least among them refused all share in
plunder which they deemed unrighteous. One gallant Norman
knight, Gulbert of Hugleville, followed William through all his
campaigns, but when English estates were offered as his reward,
he refused to share in unrighteous gains, and went back to the
lands of his fathers which he could hold with a good
conscience. And one monk, Wimund of Saint-Leutfried, not
only refused bishoprics and abbeys, but rebuked the Conqueror for
wrong and robbery. And William bore no grudge against his
censor, but, when the archbishopric of Rouen became vacant, he
offered it to the man who had rebuked him. Among the
worthies of England Gulbert and Wimund can hardly claim a place,
but a place should surely be theirs among the men whom England
honours.</p>
<div class="gapspace"> </div>
<p>The primacy of Lanfranc is one of the most memorable in our
history. In the words of the parable put forth by Anselm in
the next reign, the plough of the English Church was for
seventeen years drawn by two oxen of equal strength. By
ancient English custom the Archbishop of Canterbury was the
King’s special counsellor, the special representative of
his Church and people. Lanfranc cannot be charged with any
direct oppression; yet in the hands of a stranger who had his
spiritual conquest to make, the tribunitian office of former
archbishops was lost in that of chief minister of the
sovereign. In the first action of their joint rule, the
interest of king and primate was the same. Lanfranc sought
for a more distinct acknowledgement of the superiority of
Canterbury over the rival metropolis of York. And this fell
in with William’s schemes for the consolidation of the
kingdom. The political motive is avowed.
Northumberland, which had been so hard to subdue and which still
lay open to Danish invaders or deliverers, was still
dangerous. An independent Archbishop of York might
consecrate a King of the Northumbrians, native or Danish, who
might grow into a King of the English. The Northern
metropolitan had unwillingly to admit the superiority, and
something more, of the Southern. The caution of William and
his ecclesiastical adviser reckoned it among possible chances
that even Thomas of Bayeux might crown an invading Cnut or Harold
in opposition to his native sovereign and benefactor.</p>
<p>For some of his own purposes, William had perhaps chosen his
minister too wisely. The objects of the two colleagues were
not always the same. Lanfranc, sprung from Imperialist
Pavia, was no zealot for extravagant papal claims. The
caution with which he bore himself during the schism which
followed the strife between Gregory and Henry brought on him more
than one papal censure. Yet the general tendency of his
administration was towards the growth of ecclesiastical, and even
of papal, claims. William never dreamed of giving up his
ecclesiastical supremacy or of exempting churchmen from the
ordinary power of the law. But the division of the civil
and ecclesiastical jurisdiction, the increased frequency of
synods distinct from the general assemblies of the
realm—even though the acts of those synods needed the royal
assent—were steps towards that exemption of churchmen from
the civil power which was asserted in one memorable saying
towards the end of William’s own reign. William could
hold his own against Hildebrand himself; yet the increased
intercourse with Rome, the more frequent presence of Roman
Legates, all tended to increase the papal claims and the
deference yielded to them. William refused homage to
Gregory; but it is significant that Gregory asked for it.
It was a step towards the day when a King of England was glad to
offer it. The increased strictness as to the marriage of
the clergy tended the same way. Lanfranc did not at once
enforce the full rigour of Hildebrand’s decrees.
Marriage was forbidden for the future; the capitular clergy had
to part from their wives; but the vested interest of the parish
priest was respected. In another point William directly
helped to undermine his own authority and the independence of his
kingdom. He exempted his abbey of the Battle from the
authority of the diocesan bishop. With this began a crowd
of such exemptions, which, by weakening local authority,
strengthened the power of the Roman see. All these things
helped on Hildebrand’s great scheme which made the clergy
everywhere members of one distinct and exclusive body, with the
Roman Bishop at their head. Whatever tended to part the
clergy from other men tended to weaken the throne of every
king. While William reigned with Lanfranc at his side,
these things were not felt; but the seed was sown for the
controversy between Henry and Thomas and for the humiliation of
John.</p>
<p>Even those changes of Lanfranc’s primacy which seem of
purely ecclesiastical concern all helped, in some way to increase
the intercourse between England and the continent or to break
down some insular peculiarity. And whatever did this
increased the power of Rome. Even the decree of 1075 that
bishoprics should be removed to the chief cities of their
dioceses helped to make England more like Gaul or Italy. So
did the fancy of William’s bishops and abbots for
rebuilding their churches on a greater scale and in the last
devised continental style. All tended to make England less
of another world. On the other hand, one insular
peculiarity well served the purposes of the new primate.
Monastic chapters in episcopal churches were almost unknown out
of England. Lanfranc, himself a monk, favoured monks in
this matter also. In several churches the secular canons
were displaced by monks. The corporate spirit of the
regulars, and their dependence on Rome, was far stronger than
that of the secular clergy. The secular chapters could be
refractory, but the disputes between them and their bishops were
mainly of local importance; they form no such part of the general
story of ecclesiastical and papal advance as the long tale of the
quarrel between the archbishops and the monks of Christ
Church.</p>
<p>Lanfranc survived William, and placed the crown on the head of
his successor. The friendship between king and archbishop
remained unbroken through their joint lives.
Lanfranc’s acts were William’s acts; what the Primate
did must have been approved by the King. How far
William’s acts were Lanfranc’s acts it is less easy
to say. But the Archbishop was ever a trusted minister, and
a trusted counsellor, and in the King’s frequent absences
from England, he often acted as his lieutenant. We do not
find him actually taking a part in warfare, but he duly reports
military successes to his sovereign. It was William’s
combined wisdom and good luck to provide himself with a
counsellor than whom for his immediate purposes none could be
better. A man either of a higher or a lower moral level
than Lanfranc, a saint like Anselm or one of the mere worldly
bishops of the time, would not have done his work so well.
William needed an ecclesiastical statesman, neither unscrupulous
nor over-scrupulous, and he found him in the lawyer of Pavia, the
doctor of Avranches, the monk of Bec, the abbot of Saint
Stephen’s. If Lanfranc sometimes unwittingly
outwitted both his master and himself, if his policy served the
purposes of Rome more than suited the purposes of either, that is
the common course of human affairs. Great men are apt to
forget that systems which they can work themselves cannot be
worked by smaller men. From this error neither William nor
Lanfranc was free. But, from their own point of view, it
was their only error. Their work was to subdue England,
soul and body; and they subdued it. That work could not be
done without great wrong: but no other two men of that day could
have done it with so little wrong. The shrinking from
needless and violent change which is so strongly characteristic
of William, and less strongly of Lanfranc also, made their work
at the time easier to be done; in the course of ages it made it
easier to be undone.</p>
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