The History of England from the Norman Conquest to the Death of John (1066-1216) Part 19

There were no bishops left in the country who were acting in the interests of the pope, and John took care that there should be no means of making any proclamation of the sentence in his kingdom. The excommunication was formally published in France, and news of it pa.s.sed over to England, but no attention was paid to it there. For the individual, excommunication was a more dreaded penalty than the interdict. The interdict might compel a king to yield by the public fear and indignation which it would create, but an excommunication cut him off as a man completely from the Church and all its mercies, cast him out of the community of Christians, and involved in the same awful fate all who continued to support him, or, indeed, to a.s.sociate with him in any way.

Even more than the interdict, the excommunication reveals the terrible strength of the king. When the time came for holding the Christmas court of 1209, the fact that it had been p.r.o.nounced was generally known, but it made no difference in the attendance. All the barons are said to have been present and to have a.s.sociated with the king as usual, though there must have been many of them who trembled at the audacity of the act, and who would have withdrawn entirely from him if they had dared. On his return from the north John had demanded and obtained a renewal of homage from all the free tenants of the country. The men of Wales had even been compelled to go to Woodstock to render it. It is quite possible that this demand had been made in view of the excommunication that was coming; the homage must certainly have been rendered by many who knew that the sentence was hanging over the king's head.

The year 1210 is marked by an expedition of John with an army to Ireland.

Not only were William de Braose and his wife to be punished, but the Lacies had been for some time altogether too independent, and the conduct of William Marshal was not satisfactory. The undertaking occasioned the first instance of direct taxation since the lands of the Church had been taken in hand, a scutage, which in this case at least would have a warrant in strict feudal law. The clergy also were compelled to pay a special and heavy tax, and the Jews throughout the kingdom--perhaps an act of piety on the part of the king to atone somewhat for his treatment of the Church--were arrested and thrown into prison and forced to part with large sums of money. It was on this occasion that the often-quoted incident occurred of the Jew of Bristol who endured all ordinary tortures to save his money, or that in his charge, until the king ordered a tooth to be drawn each day so long as he remained obstinate. As the eighth was about to be pulled, "tardily perceiving," as the chronicler remarks, "what was useful," he gave up and promised the 10,000 marks demanded.

John landed in Ireland about June 20, and traversed with his army all that part of the country which was occupied by Anglo-Norman settlers without finding any serious opposition. William Marshal entertained his host for two days with all loyalty. The Lacies and William de Braose's family fled before him from one place to another and finally escaped out of the island to Scotland. Carrickfergus, in which Hugh de Lacy had thought to stand a siege, resisted for a few days, and then surrendered. At Dublin the native kings of various districts, said by Roger of Wendover to have been more than twenty in number, including the successor of Roderick, king of Connaught, who had inherited a greatly reduced power, came in and did homage and swore fealty to John. At the same time, we are told, the king introduced into the island the laws and administrative system of England, and appointed sheriffs.[72] John's march through the island and the measures of government which he adopted have been thought to mark an advance in the subjection of Ireland to English rule, and to form one of the few permanent contributions to English history devised by the king. On his departure Bishop John de Grey was left as justiciar, and toward the end of August John landed in England to go on with the work of exacting money from the clergy and the Jews that he had begun before he left the country.

The two years which followed John's return from Ireland, from August, 1210 to August 1212, form the period of his highest power. No attempt at resistance to his will anywhere disturbed the peace of England. Llewelyn, Prince of north Wales, husband of John's natural daughter Joanna, involved in border warfare with the Earl of Chester, was not willing to yield to the authority of the king, but two expeditions against him in 1211 forced him to make complete submission. A contemporary annalist remarks with truth that none of John's predecessors exercised so great an authority over Scotland, Wales, or Ireland as he, and we may add that none exercised a greater over England. The kingdom was almost in a state of blockade, and not only was unauthorized entrance into the country forbidden, but departure from it as well, except as the king desired.

During these two years John's relations with the Church troubled him but little. Negotiations were kept up as before, but they led to nothing. On his return from the Welsh campaign the king met representatives of the pope at Northampton, one of whom was the Roman subdeacon Pandulf, whom John met later in a different mood. We have no entirely trustworthy account of the interview, but it was found impossible to agree upon the terms of any treaty which would bring the conflict to an end. The pope demanded a promise of complete obedience from John on all the questions that had caused the trouble, and restoration to the clergy of all their confiscated revenues, and to one or both of these demands the king refused to yield. Now it is that we begin to hear of threats of further sentences to be issued by the pope against John, or actually issued, releasing his subjects from their allegiance and declaring the king incapable of ruling, but if any step of that kind was taken, it had for the present no effect. The Christmas feast was kept as usual at Windsor, and in Lent of the next year John knighted young Alexander of Scotland, whose father had sent him to London to be married as his liege lord might please, though "without disparagement."

In the spring of 1212 John seems to have felt himself strong enough to take up seriously a plan for the recovery of the lands which he had lost in France. The idea he had had in mind for some years was the formation of a great coalition against Philip Augustus by combining various enemies of his or of the pope's. In May the Count of Boulogne, who was in trouble with the king of France, came to London and did homage to John. Otto IV, the Guelfic emperor and John's nephew, was now in as desperate conflict with the papacy as if he were a Ghibelline, and Innocent was supporting against him the young Hohenstaufen Frederick, son of Henry VI and Constance of Sicily. Otto therefore was ready to promise help to any one from whom he could hope for aid in return, or to take part in any enterprise from which a change of the general situation might be expected.

Ferdinand of Portugal, just become Count of Flanders by marriage with Jeanne, the heiress of the crusading Count Baldwin, the emperor Baldwin of the new Latin empire, had at the moment of his accession been made the victim of Philip Augustus's ceaseless policy of absorbing the great fiefs in the crown, and had lost the two cities of Aire and St. Omer. He was ready to listen to John's solicitations, and after some hesitation and delay joined the alliance, as did also most of the princes on the north-east between France and Germany. John laboured long and hard with much skill and final success, at a combination which would isolate the king of France and make it possible to attack him with overwhelming force at once from the north and the south. With a view, in all probability, to calling out the largest military force possible in the event of a war with France, John at this time ordered a new survey to be taken of the service due from the various fiefs in England. The inquest was made by juries of the hundreds, after a method very similar to that lately employed in the carucage of 1198, and earlier in the Domesday survey by William the Conqueror, though it was under the direction of the sheriffs, not of special commissioners. The interesting returns to this inquiry have been preserved to us only in part.[73] If John hoped to be able to attack his enemy abroad in the course of the year 1212, he was disappointed in the end. His combination of allies he was not able to complete. A new revolt of the Welsh occupied his attention towards the end of the summer and led him to hang twenty-eight boys, hostages whom they had given him the year before. Worst of all, evidence now began to flow in to the king from various quarters of a serious disaffection among the barons of the kingdom and of a growing spirit of rebellion, even, it was said, of an intention to deprive him of the crown. We are told that on the eve of his expedition against the Welsh a warning came to him from the king of Scotland that he was surrounded by treason, and another from his daughter in Wales to the same effect. Whatever the source of his information, John was evidently convinced--very likely he needed but little to convince him--of a danger which he must have been always suspecting. At any rate he did not venture to trust himself to his army in the field, but sent home the levies and carefully guarded himself for a time. Then he called for new declarations of loyalty and for hostages from the barons; and two of them, Eustace de Vescy and Robert Fitz Walter, fled from the country, the king outlawing them and seizing their property. About the same time a good deal of public interest was excited by a hermit of Yorks.h.i.+re, Peter of Pontefract, who was thought able to foretell the future, and who declared that John would not be king on next Ascension day, the anniversary of his coronation. It was probably John's knowledge of the disposition of the barons, and possibly the hope of extorting some information from him, that led him, rather unwisely, to order the arrest of the hermit, and to question him as to the way in which he should lose the crown. Peter could only tell him that the event was sure, and that if it did not occur, the king might do with him what he pleased. John took him at his word, held him in prison, and hanged him when the day had safely pa.s.sed.

By that 23d of May, however, a great change had taken place in the formal standing of John among the sovereigns of the world, a change which many believed fulfilled the prediction of Peter, and one which affected the history of England for many generations. As the year 1212 drew to its close, John was not merely learning his own weakness in England, but he was forced by the course of events abroad to recognize the terrible strength of the papacy and the small chance that even a strong king could have of winning a victory over it.[74] His nephew Otto IV had been obliged to retire, almost defeated, before the enthusiasm which the young Frederick of Hohenstaufen had aroused in his adventurous expedition to recover the crown of Germany. Raymond of Toulouse, John's brother-in-law, had been overwhelmed and almost despoiled of his possessions in an attempt to protect his subjects in their right to believe what seemed to them the truth. For the moment the vigorous action which John had taken after the warnings received on the eve of the Welsh campaign had put an end to the disposition to revolt, and had left him again all powerful. He had even been able to extort from the clergy formal letters stating that the sums he had forced them to pay were voluntarily granted him. But he had been made to understand on how weak a foundation his power rested. He must have known that Philip Augustus had for some time been considering the possibility of an invasion of England, whether invited by the barons to undertake it or not, and he could hardly fail to dread the results to himself of such a step after the lesson he had learned in Normandy of the consequences of treason. The situation at home and abroad forced upon him the conclusion that he must soon come to terms with the papacy, and in November he sent representatives to Rome to signify that he would agree to the proposals he had rejected when made by Pandulf early in the previous year.[75] Even in this case John may be suspected, as so often before, of making a proposition which he did not intend to carry out, or at least of trying to gain time, for it was found that the emba.s.sy could not make a formally binding agreement; and it is clear that Innocent III, while ready to go on with the negotiations and hoping to carry them to success, was now convinced that he must bring to bear on John the only kind of pressure to which he would yield.

There is reason to believe that after his reconciliation with the king of England Innocent III had all the letters in which he had threatened John with the severest penalties collected so far as possible and destroyed.[76] It is uncertain, however, whether before the end of 1212 he had gone so far as to depose the king and to absolve his subjects from their allegiance, though this is a.s.serted by English chroniclers.

But there is no good ground to doubt that in January, 1213, he took this step, and authorized the king of France to invade England and deprive John of his kingdom. Philip needed no urging. He collected a numerous fleet, we are told, of 1500 vessels, and a large army. In the first week of April he held a great council at Soissons, and the enterprise was determined on by the barons and bishops of France. At the same council arrangements were made to define the legal relations to France of the kingdom to be conquered, The king of England was to be Philip's son, Louis, who could advance some show of right through his wife, John's niece, Blanche of Castile but during his father's lifetime he was to make no pretension to any part of France, a provision which would leave the duchy of Aquitaine in Philip's hands, as Normandy was.

Louis was to require an oath of his new subjects that they would undertake nothing against France, and he was to leave to his father the disposal of the person of John and of his private possessions. Of the relations.h.i.+p between the two countries when Louis should succeed to the crown of France, nothing was said. Preparations were so far advanced that it was expected that the army would embark before the end of May.

In the meantime John was taking measures for a vigorous defence. Orders were sent out for all s.h.i.+ps capable of carrying at least six horses to a.s.semble at Portsmouth by the middle of Lent. The feudal levies and all men able to bear arms were called out for April 21. The summons was obeyed by such numbers that they could not be fed, and all but the best armed were sent home, while the main force was collected on Barham Down, between Canterbury and Dover, with outposts at the threatened ports. John has been thought by some to have had a special interest in the development of the fleet; at any rate he knew how to employ here the defensive manoeuvre which has been more than once of avail to England, and he sent out a naval force to capture and destroy the enemy's s.h.i.+ps in the mouth of the Seine and at Fecamp, and to take and burn the town of Dieppe. It was his plan also to defend the country with the fleet rather than with the army, and to attack and destroy the hostile armament on its way across the channel. To contemporaries the preparations seemed entirely sufficient to defend the country, not merely against France, but against any enemy whatever, provided only the hearts of all had been devoted to the king.

While preparations were being made in France for an invasion of England under the commission of the pope, Innocent was going on with the effort to bring John to his terms by negotiation. The messengers whom the king had sent to Rome returned bringing no modification of the papal demands.

At the same time Pandulf, the pope's representative, empowered to make a formal agreement, came on as far as Calais and sent over two Templars to England to obtain permission for an interview with John, while he held back the French fleet to learn the result. The answer of John to Pandulf's messengers would be his answer to the pope and also his defiance of Philip. There can be no doubt what his answer would have been if he had had entire confidence in his army, nor what it would have been if Philip's fleet had not been ready. He yielded only because there was no other way out of the situation into which he had brought himself, and he made his submission complete enough to insure his escape. He sent for Pandulf, and on May 13 met him at Dover and accepted his terms. Four of his chief barons, as the pope required, the Earl of Salisbury, the Count of Boulogne, and the Earls Warenne and Ferrers, swore on the king's soul that he would keep the agreement, and John issued letters patent formally declaring what he had promised. Stephen Langton was to be accepted as Archbishop of Canterbury, and all the exiled bishops, monks, and laymen were to be reinstated, and full compensation made them for their financial losses. Two days later John went very much further than this: at the house of the Templars near Dover in the presence of the barons he surrendered the kingdom to the pope, confirming the act by a charter witnessed by two bishops and eleven barons, and received it back to be held as a fief, doing homage to Pandulf as the representative of the pope, and promising for himself and his heirs the annual payment of 700 marks for England and 300 for Ireland in lieu of feudal service.

Whether this extraordinary act was demanded by Innocent or suggested by John, the evidence does not permit us to say. The balance of probabilities, however, inclines strongly to the opinion that it was a voluntary act of the king's. There is nothing in the papal doc.u.ments to indicate any such demand, and it is hardly possible that the pope could have believed that he could carry the matter so far. On the other hand, John was able to see clearly that nothing else would save him. He had every reason to be sure that no ordinary reconciliation with the papacy would check the invasion of Philip or prevent the treason of the barons.

If England were made a possession of the pope, the whole situation would take on a different aspect. Not only would all Europe think Innocent justified in adopting the most extreme measures for the defence of his va.s.sal, but also the most peculiar circ.u.mstances only would justify Philip in going on with his attack, and without him disaffection at home was powerless. We should be particularly careful not to judge this act of John's by the sentiment of a later time. There was nothing that seemed degrading to that age about becoming a va.s.sal. Every member of the aristocracy of Europe and almost every king was a va.s.sal. A man pa.s.sed from the cla.s.ses that were looked down upon, the peasantry and the bourgeoisie, into the n.o.bility by becoming a va.s.sal. The English kings had been va.s.sals since feudalism had existed in England, though not for the kingdom, and only a few years before Richard had made even that a fief of the empire. There is no evidence that John's right to take this step was questioned by any one, or that there was any general condemnation of it at that time. One writer a few years later says that the act seemed to many "ignominious," but he records in the same sentence his own judgment that John was "very prudently providing for himself and his by the deed."[77]

Even in the rebellion against John that closed his reign no objection was made to the relations.h.i.+p with the papacy, nor was the king's right to act as he did denied, though his action was alleged by his enemies to be illegal because it did not have the consent of the barons. John's charter of concession, however, expressly affirms this consent, and the barons on one occasion seem to have confirmed the a.s.sertion.[78]

[71] See J.H. Round's article on William in Dict. Nat. Biogr., vi. 229.

[72] See C.L. Falkiner in Proc. Royal Irish Acad., xxiv. c. pt. 4 (1903).

[73] See Round, Commune of London, 261-277.

[74] Ralph of Coggeshall, 164-165.

[75] Walter of Coventry, ii, lviii. n. 4.

[76] Innocent III, Epp. xvi. 133. (Rymer, Foedera, i. 116.)

[77] Walter of Coventry, ii. 210.

[78] Rymer, Foedera, i. 120.

CHAPTER XXI

THE GREAT CHARTER

The king of France may have been acting, as he would have the world believe, as the instrument of heaven to punish the enemy of the Church, but he did not learn with any great rejoicing of the conversion of John from the error of his ways. Orders were sent him at once to abstain from all attack on one who was now the va.s.sal of the pope, and he found it necessary in the end to obey, declaring, it is said, that the victory was after all his, since it was due to him that the pope had subdued England.

The army and fleet prepared for the invasion, he turned against his own va.s.sal who had withheld his a.s.sistance from the undertaking, the Count of Flanders, and quickly occupied a considerable part of the country. Count Ferdinand in his extremity turned to King John and he sent over a force under command of his brother, William Longsword, Earl of Salisbury, which surprised the French fleet badly guarded in the harbour of Damme and captured or destroyed 400 s.h.i.+ps. If Philip had any lingering hope that he might yet be able to carry out his plan of invasion, he was forced now to abandon it, and in despair of preserving the rest of his fleet, or in a fit of anger, he ordered it to be burned.

The Archbishop of Canterbury landed in England in July, accompanied by five of the exiled bishops, and a few days later met the king. On the 20th at Winchester John was absolved from his excommunication, swearing publicly that he would be true to his agreement with the Church, and taking an additional oath in form somewhat like the coronation oath, which the archbishop required or which perhaps the fact of his excommunication made necessary, "that holy Church and her ministers he would love, defend, and maintain against all her enemies to the best of his power, that he would renew the good laws of his predecessors, and especially the laws of King Edward, and annul all bad ones, and that he would judge all men according to just judgments of his courts and restore to every man his rights." It is doubtful if we should regard this as anything more than a renewal of the coronation oath necessary to a full restoration of the king from the effects of the Church censure, but at any rate the form of words seems to have been noticed by those who heard it, and to have been referred to afterwards when the political opposition to the king was taking share, a sure sign of increasing watchfulness regarding the mutual rights of king and subjects.[79]

The king was no longer excommunicate, but the kingdom was still under the interdict, and the pope had no intention of annulling it until the question of compensation for their losses was settled to the satisfaction of the bishops and others whose lands had been in the hands of the king.

That was not an easy question to settle. It was not a matter of arrears of revenue merely, for John had not been content with the annual income of the lands, but he had cut down forests and raised money in other extraordinary ways to the permanent injury of the property. In the end only a comparatively small sum was paid, and in all probability a full payment would have been entirely beyond the resources of the king, but at the beginning John seems to have intended to carry out his agreement in good faith. There is no reason to doubt the statement of a chronicler of the time that on the next day after his absolution the king sent out writs to all the sheriffs, ordering them to send to St. Albans at the beginning of August the reeve and four legal men from each towns.h.i.+p of the royal domains, that by their testimony and that of his own officers the amount of these losses might be determined. This would be to all England a familiar expedient, a simple use of the jury principle, with nothing new about it except the bringing of the local juries together in one place, nor must it be regarded as in any sense a beginning of representation. It has no historic connexion with the growth of that system, and cannot possibly indicate more than that the idea of uniting local juries in one place had occurred to some one. We have no evidence that this a.s.sembly was actually held, and it is highly probable that it was not. Nor can anything more be said with certainly of writs which were issued in November of this year directing the sheriffs to send four discreet men from each county to attend a meeting of the council at Oxford. John himself was busily occupied with a plan to transport the forces he had collected into Poitou to attack the king of France there, and he appointed the justiciar, Geoffrey Fitz Peter, and the Bishop of Winchester, Peter des Roches, as his representatives during his absence.

These two held a great council at St. Albans in August at which formal proclamation was made of the restoration of good laws and the abolition of bad ones as the king had promised, the good laws now referred to being those of Henry I; and all sheriffs and other officers were strictly enjoined to abstain from violence and injustice for the future, but no decision was reached as to the sum to be paid the clergy.

In the meantime John was in difficulties about his proposed expedition to Poitou. When he was about to set out, he found the barons unwilling. They declared that the money they had provided for their expenses had all been used up in the long delay, and that if they went, the king must meet the cost, while the barons of the north refused, according to one account, because they were not bound by the conditions of their tenure to serve abroad. In this they were no doubt wrong, if services were to be determined, as would naturally be the case, by custom; but their refusal to obey the king on whatever ground so soon after he had apparently recovered power by his reconciliation with the Church is very noteworthy.

In great anger the king embarked with his household only and landed in Jersey, as if he would conquer France alone, but he was obliged to return. His wrath, however, was not abated, and he collected a large force and marched to the north, intending to bring the unwilling barons to their accustomed obedience; but his plan was interrupted by a new and more serious opposition. Archbishop Stephen Langton seems to have returned to England determined to contend as vigorously for the rights of the laity as for those of the Church. We are told by one chronicler that he had heard it said that on August 25, while the king was on the march to the north, Stephen was presiding over a council of prelates and barons at St. Paul's, and that to certain of them he read a copy of Henry I's coronation charter as a record of the ancient laws which they had a right to demand of the king. There may be difficulties in supposing that such an incident occurred at this exact date, but something of the kind must have happened not long before or after. If we may trust the record we have of the oath taken by John at the time of his absolution, it suggests that the charter of Henry I was in the mind of the man who drew it up.

Now, at any rate, was an opportunity to interfere in protection of clearly defined rights, and to insist that the king should keep the oath which he had just sworn. Without hesitation the archbishop went after the king, overtook him at Northampton, where John was on the 28th, and reminded him that he would break his oath if he made war on any of his barons without a judgment of his court. John broke out into a storm of rage, as he was apt to do; "with great noise" he told the archbishop to mind his own business and let matters of lay jurisdiction alone, and moved on to Nottingham. Undismayed, Langton followed, declaring that he would excommunicate every one except the king who should take part in the attack, and John was obliged again to yield and to appoint a time for the court to try the case.

The attempt to settle the indemnity to be paid the clergy dragged on through the remainder of the year, and was not then completed. Councils were held at London, Wallingford, and Reading, early in October, November, and December respectively, in each of which the subject was discussed, and left unsettled, except that after the Reading council the king paid the archbishop and the bishops who had been exiled 15,000 marks. At the end of September a legate from the pope, Cardinal Nicholas, landed in England, and to him John repeated the surrender of the crown and his homage as the pope's va.s.sal. Along with the question of indemnity, that of filling up the vacant sees was discussed, and with nearly as little result. The local officers of the Church were disposed to make as much as possible out of John's humiliation and the chapters to a.s.sert the right of independent election. The king was not willing to allow this, and pope and legate inclined to support him. On October 14 the justiciar, Geoffrey Fitz Peter, died. John's exclamation when he heard the news, as preserved in the tradition of the next generation,--"When he gets to h.e.l.l, let him greet Hubert Walter," and, as earlier in the case of Hubert himself, "Now by the feet of G.o.d am I first king and lord of England,"--and, more trustworthy perhaps, the rapid decline of events after Geoffrey's death towards civil war and revolution, lead us to believe that like many a great judge he exercised a stronger influence over the actual history of his age than appears in any contemporary record.

It was near the middle of February, 1214, before John was able to carry out in earnest his plan for the recovery of Poitou. At that time he landed at La Roch.e.l.le with a large army and a full military chest, but with very few English barons of rank accompanying him. Since the close of actual war between them Philip had made gains in one way or another within the lands that had remained to John, and it was time for the Duke of Aquitaine to appear to protect his own, to say nothing of any attempt to recover his lost territories. At first his presence seemed all that was necessary; barons renewed their allegiance, those who had done homage to Philip returned and were pardoned, castles were surrendered, and John pa.s.sed through portions of Poitou and Angouleme, meeting with almost no resistance. A dash of Philip's, in April, drove him back to the south, but the king of France was too much occupied with the more serious danger that threatened him from the coalition in the north to give much time to John, and he returned after a few days, leaving his son Louis to guard the line of approach to Paris. Then John returned to the field, attacked the Lusignans, took their castles, and forced them to submit. The Count of La Marche was the Hugh the Brown from whom years before he had stolen his bride, Isabel of Angouleme, and now he proposed to strengthen the new-made alliance by giving to Hugh's eldest son Isabel's daughter Joanna. On June 11 John crossed the Loire, and a few days later entered Angers, whose fortifications had been destroyed by the French. The occupation of the capital of Anjou marks the highest point of his success in the expedition. To protect and complete his new conquest, John began at once the siege of La Roche-au-Moine, a new castle built by William des Roches on the Loire, which commanded communications with the south.

Against him there Louis of France advanced to raise the siege. John wished to go out and meet him, but the barons of Poitou refused, declaring that they were not prepared to fight battles in the field, and the siege had to be abandoned and a hasty retreat made across the river.

Angers at once fell into the hands of Louis, and its new ramparts were destroyed.

It was about July first that Louis set out to raise the siege of La Roche-au-Moine, and on the 27th the decisive battle of Bouvines was fought in the north before John had resolved on his next move. The coalition, on which John had laboured so long and from which he hoped so much, was at last in the field. The emperor Otto IV, the Counts of Flanders, Boulogne, Holland, Brabant, and Limburg, the Duke of Lorraine, and others, each from motives of his own, had joined their forces with the English under the Earl of Salisbury, to overthrow the king of France.

To oppose this combination Philip had only his va.s.sals of northern France, without foreign allies and with a part of his force detached to watch the movements of the English king on the Loire. The odds seemed to be decidedly against him, but the allies, attacking at a disadvantage the French army which they believed in retreat, were totally defeated near Bouvines. The Earl of Salisbury and the Counts of Flanders and Boulogne with many others were taken prisoners, and the triumph of Philip was as complete as his danger had been great. The popular enthusiasm with which the news of this victory was received in northern France shows how thorough had been the work of the monarchy during the past century and how great progress had been made in the creation of a nation in feeling and spirit as well as in name under the Capetian king. The general rejoicing was but another expression of the force before which in reality the English dominion in France had fallen.

The effects of the battle of Bouvines were not confined to France nor to the war then going on. The results in German history--the fall of Otto IV, the triumph of Frederick II--we have no occasion to trace. In English history its least important result was that John was obliged to make peace with Philip. The treaty was dated on September 18. A truce was agreed upon to last for five years from the following Easter, everything to remain in the meantime practically as it was left at the close of the war. This might be a virtual recognition by John of the conquests which Philip had made, but for him it was a much more serious matter that the ruin of his schemes left him alone, unsupported by the glamour of a brilliant combination of allies, without prestige, overwhelmed with defeat, to face the baronial opposition which in the past few years had been growing so rapidly in strength, in intelligent perception of the wrongs that had been suffered, and in the knowledge of its own power.

About the middle of October John returned to England to find that the disaffection among the barons, which had expressed itself in the refusal to serve in Poitou, had not grown less during his absence. The interdict had been removed on July 2, John having given security for the payment of a sum as indemnity to the Church which was satisfactory to the pope, but the rejoicing over this relief was somewhat lessened by the fact that the monastic houses and the minor clergy were unprovided for and received no compensation for their losses. The justiciar whom the king had appointed on the eve of his departure, the Bishop of Winchester, Peter des Roches, naturally unpopular because he was a foreigner and out of sympathy with the spirit of the barons, had ruled with a strong hand and sternly repressed all expression of discontent, but his success in this respect had only increased the determination to have a reckoning with the king.

In these circ.u.mstances John's first important act after his return brought matters to a crisis. Evidently he had no intention of abandoning any of his rights or of letting slip any of his power in England because he had been defeated in France, and he called at once for a scutage from those barons who had not gone with him to Poitou. This raised again the question of right, and we are told that it was the northern barons who once more declared that their English holdings did not oblige them to follow the king abroad or to pay a scutage when he went, John on his side a.s.serting that the service was due to him because it had been rendered to his father and brother. In this the king was undoubtedly right. He could, if he had known it, have carried back his historical argument a century further, but in general feudal law there was justification enough for the position of the barons to warrant them in taking a stand on the point if they wished to join issue with the king. This they were now determined to do. We know from several annalists that after John's return the barons came to an agreement among themselves that they would demand of the king a confirmation of the charter of Henry I and a re-grant of the liberties contained in it. In one account we have the story of a meeting at Bury St. Edmunds, on pretence of a pilgrimage, in which this agreement was made and an oath taken by all to wage war on the king if he should refuse their request which they decided to make of him in form after Christmas.

Concerted action there must have been, and it seems altogether likely that this account is correct.

The references to the charter of Henry I in the historians of the time prove clearly enough the great part which that doc.u.ment played at the origin of the revolution now beginning. It undoubtedly gave to the discontented barons the consciousness of legal right, crystallized their ideas, and suggested the method of action, but it is hardly possible to believe that a simple confirmation of this charter could now have been regarded as adequate. The charter of Henry I is as remarkable a doc.u.ment for the beginning of the twelfth as the Great Charter is for the beginning of the thirteenth century, but no small progress had taken place in two directions in the intervening hundred years. In one direction the demands of the crown--we ought really to say the demands of the government--were more frequent, new in kind, and heavier in amount than at the earlier date. The reorganization of the judicial and administrative systems had enlarged greatly the king's sphere of action at the expense of the baron's. All this, and it forms together a great body of change, was advance, was true progress, but it seemed to the baron encroachment on his liberties and denial of his rights, and there was a sense in which his view was perfectly correct. It was partly due to these changes, partly to the general on-going of things, that in the other direction the judgment of the baron was more clear, his view of his own rights and wrongs more specific than a hundred years before, and, by far most important of all, that he had come to a definite understanding of the principle that the king, as lord of his va.s.sals, was just as much under obligation to keep the law as the baron was. Independent of these two main lines of development was the personal tyranny of John, his contemptuous disregard of custom and right in dealing with men, his violent overriding of the processes of his own courts in arbitrary arrest and cruel punishment. The charter of Henry I would be a suggestive model; a new charter must follow its lines and be founded on its principles, but the needs of the barons would now go far beyond its meagre provisions and demand the translation of its general statements into specific form.

According to the agreement they had made the barons came together at London soon after January 1, 1215, with some show of arms, and demanded of the king the confirmation of the charter of Henry I. John replied that the matter was new and important, and that he must have some time for consideration, and asked for delay until the octave of Easter, April 26.

With reluctance the barons made this concession, Stephen Langton, William Marshal, and the Bishop of Ely becoming sureties for the king that he would then give satisfaction to all. The interval which was allowed him John used in a variety of attempts to strengthen himself and to prepare for the trial of arms which he must have known to be inevitable. On the 21st of the previous November he had issued a charter granting to the cathedral churches and monasteries throughout England full freedom of election, and this charter he now reissued a few days after the meeting with the barons. If this was an attempt to separate the clergy from the cause of the barons, or to bring the archbishop over wholly to his own side, it was a failure. About the same time he adopted a familiar expedient and ordered the oath of allegiance to himself against all men to be taken throughout the country, but he added a new clause requiring men to swear to stand by him against the charter.[80] Since the discussion of the charter had begun a general interest in its provisions had been excited, and the determination to secure the liberties it embodied had grown rapidly, so that now the king quickly found, by the opposition it aroused, that in this peculiar demand he had overshot the mark, and he was obliged to recall his orders. Naturally John turned at once to the pope, who was now under obligation to protect him from his enemies, but his envoy was followed by Eustace de Vescy, who argued strongly for the barons' side. The pope's letters to England in reply did not afford decisive support to either party, though more in favour of the king's, who was exhorted, however, to grant "just pet.i.tions" of the barons. On Ash Wednesday John went so far as to a.s.sume the cross of the crusader, most likely to secure additional favour from the pope, who was very anxious to renew the attempt that had failed in the early part of his reign, no doubt having in mind also the personal immunities it would secure him. For troops to resist the barons in the field the king's reliance was chiefly, as it had been during all his reign, on soldiers hired abroad, and he made efforts to get these into his service from Flanders and from Poitou, promising great rewards to knights who would join him from thence, as well as from Wales.

John's preparations alarmed the barons, and they determined not to wait for April 26, the appointed day for the king's answer. They came together in arms at Stamford, advanced from thence to Northampton, and then on to Brackley to be in the neighbourhood of the king, who was then at Oxford.

Their array was a formidable one. The list recorded gives us the names of five earls, forty barons, and one bishop, Giles de Braose, who had family wrongs to avenge; and while the party was called the Northerners, because the movement had such strong support in that part of England, other portions of the country were well represented. Annalists of the time noticed that younger men inclined to the side of the insurgents, while the older remained with the king. This fact in some cases divided families, as in the case of the Marshals, William the elder staying with John, while William the younger was with the barons. That one abode in the king's company does not indicate, however, that his sympathies in this struggle were on that side. Stephen Langton was in form with the king and acted as his representative in the negotiations, though it was universally known that he supported the reforms asked for. It is probable that this was true also of the Earl of Pembroke. These two were sent by John to the barons to get an exact statement of their demands, and returned with a "schedule," which was recited to the king point by point.

These were no doubt the same as the "articles" presented to the king afterwards, on which the Great Charter was based. When John was made to understand what they meant, his hot, ancestral temper swept him away in an insane pa.s.sion of anger. "Why do they not go on and demand the kingdom itself?" he cried, and added with a furious oath that he would never make himself a slave by granting such concessions.

When the barons received their answer, they decided on immediate war. As they viewed the case, this was a step justified by the feudal law. It was their contention that the reforms they demanded had been granted and recognized as legal by former kings. In other words, their suzerain was denying them their hereditary rights, acknowledged and conceded by his predecessors. To the feudal mind the situation which this fact created was simple and obvious. They were no longer bound by any fealty to him.

It was their right to make war upon him until he should consent to grant them what was their due. Their first step was to send to the king the formal diffidatio prescribed for such cases, withdrawing their fealty and notifying him of their intention to begin war. Then choosing Robert Fitz Walter their commander, under the t.i.tle of Marshal of the Army of G.o.d and Holy Church, they began the siege of Northampton, but were unable to take it from lack of siege machinery. On May 17 the barons, having in the meantime rejected several unsatisfactory proposals of the king, entered London at the request of the chief citizens, though the tower was still held by John's troops. The great strength of the barons at this time as against the king was not, however, their possession of London, or the forces which had taken the field in their cause, but the fact that John had practically no part of England with him beyond the ground commanded by the castles still held by his foreign soldiers. Pleas ceased in the exchequer, we are told, and the operations of the sheriffs, because no one could be found who would pay the king anything or show him any obedience, and many of the barons, who up to this time had stood with him, now joined the insurgents. No help could be had for some time from the pope. Langton refused to act at the king's request and excommunicate his enemies. There was nothing for John to do but to yield and trust that time would bring about some change to relieve him of the obligations he must a.s.sume.

On June 8 John granted a safe conduct to representatives of the barons to negotiate with him to hold good until the 11th, and later extended the period until the 15th. He was then at Windsor, and the barons from London came to Staines and camped in the field of Runnymede. The "Articles" were presented to the king in form, and now accepted by him, and on the basis of them the Great Charter was drawn up and sealed on June 15, 1215.

In the history of const.i.tutional liberty, of which the Great Charter is the beginning, its specific provisions are of far less importance than its underlying principle. What we to-day consider the great safeguards of Anglo-Saxon liberty are all conspicuously absent from the first of its creative statutes, nor could any of them have been explained in the meaning we give them to the understanding of the men who framed the charter. Consent to taxation in the modern sense is not there; neither taxation nor consent. Trial by jury is not there in that form of it which became a check on arbitrary power, nor is it referred to at all in the clause which has been said to embody it. Parliament, habeas corpus, bail, the independence of the judiciary, are all of later growth, or existed only in rudimentary form. Nor can the charter be properly called a contract between king and nation. The idea of the nation, as we now hold it, was still in the future, to be called into existence by the circ.u.mstances of the next reign. The idea of contract certainly pervades the doc.u.ment, but only as the expression of the always existent contract between the suzerain and his va.s.sals which was the foundation of all feudal law. On the other hand, some of the provisions of our civil liberty, mainly in the interest of individual rights, are plainly present. That private property shall not be taken for public use without just compensation, that cruel and unusual punishments shall not be inflicted nor excessive fines be imposed, that justice shall be free and fair to all, these may be found almost in modern form.

But it is in none of these directions that the great importance of the doc.u.ment is to be sought. All its specific provisions together as specific provisions are not worth, either in themselves or in their historical influence, the one principle which underlies them all and gives validity to them all--the principle that the king must keep the law. This it was that justified the barons in their rebellion. It was to secure this from a king who could not be bound by the ordinary law that the Great Charter was drawn up and its clauses put into the form in which they stand. In other words, the barons contended that the king was already bound by the law as it stood, and that former kings had recognized the fact. In this they were entirely correct. The Great Charter is old law. It is codification, or rather it is a selection of those points of the existing law which the king had constantly violated, for the purpose of stating them in such form that his specific pledge to regard them could be secured, and his consent to machinery for enforcing them in case he broke his pledge. The source of the Great Charter, then, of its various provisions and of its underlying principle, must be sought in the existing law that regulated the relations between the king and the barons--the feudal law.

From beginning to end the Great Charter is a feudal doc.u.ment. The most important of its provisions which cannot be found in this law, those which may perhaps be called new legislation, relate to the judicial system as recently developed, which had proved too useful and was probably too firmly fixed to be set aside, though it was considered by the barons to infringe upon their feudal rights and had been used in the past as an engine of oppression and extortion. In this one direction the development of inst.i.tutions in England had already left the feudal system behind. In financial matters a similar development was under rapid way, but John's effort to push forward too fast along that line was one cause of the insurrection and the charter, and of the reaction in this particular which it embodies. As a statement of feudal law the Great Charter is moderate, conservative, and carefully regardful of the real rights of the king. As a doc.u.ment born in civil strife it is remarkable in this respect, or would be were this not true of all its progeny in Anglo-Saxon history. Whoever framed it must have been fair-minded and have held the balance level between king and insurgents. Its provisions in regard to wards.h.i.+p and marriage have been called weak. They are not weak; they are just, and as compared with the corresponding provisions of the charter of Henry I they are less revolutionary, and leave to the king what belonged to him historically--the rights which all English kings had exercised and which in that generation Philip of France also had repeatedly exercised, even against John himself.