The History of England - Vols. 1 to 6 (91 page)

no sense of justice or of honour, in the pursuit of that great object.a
But this conclusion would readily be allowed them, though it were not illustrated by such a detail of uninteresting incidents; and follows indeed, by an evident necessity, from the very situation, in which that church was placed with regard to the rest of Europe. For, besides that ecclesiastical power, as it can always cover its operations under a cloak of sanctity, and attacks men on the side where they dare not employ their reason, lies less under controul than civil government; besides this general cause, I say, the pope and his courtiers were foreigners to most of the churches which they governed; they could not possibly have any other object than to pillage the provinces for present gain; and as they lived at a distance, they would be little awed by shame or remorse, in employing every lucrative expedient, which was suggested to them. England being one of the most remote provinces attached to the Romish hierarchy, as well as the most prone to superstition, felt severely, during this reign, while its patience was not yet fully exhausted, the influence of these causes; and we shall often have occasion to touch cursorily upon such incidents. But we shall not attempt to comprehend every PLL v6.0 (generated September, 2011)

5

http://oll.libertyfund.org/title/789

Online Library of Liberty: The History of England, vol. 2

transaction transmitted to us; and till the end of the reign, when the events become more memorable, we shall not always observe an exact chronological order in our narration.

The earl of Pembroke, who, at the time of John’s death, was Settlement of the

mareschal of England, was by his office at the head of the

government.

armies, and consequently, during a state of civil wars and

convulsions, at the head of the government; and it happened fortunately for the young monarch and for the nation, that the power could not have been intrusted into more able and more faithful hands. This nobleman, who had maintained his loyalty unshaken to John during the lowest fortune of that monarch, determined to support the authority of the infant prince; nor was he dismayed at the number and violence of his enemies. Sensible, that Henry, agreeably to the prejudices of the times, would not be deemed a sovereign, till crowned and anointed by a churchman; he immediately carried

the young prince to Gloucester, where the ceremony of

28th Oct.

coronation was performed, in the presence of Gualo, the legate,

and of a few noblemen, by the bishops of Winchester and Bath.b
As the concurrence of the papal authority was requisite to support the tottering throne, Henry was obliged to swear fealty to the pope, and renew that homage, to which his father had already subjected the kingdom:
c
And in order to enlarge the authority of Pembroke, and to give him a more regular and legal title to it, a general council of the barons was soon after summoned at Bristol, where that nobleman

was chosen protector of the realm.

11th Nov.

Pembroke, that he might reconcile all men to the government of his pupil, made him grant a new charter of liberties, which, though mostly copied from the former concessions extorted from John, contains some alterations, which may be deemed

remarkable.d
The full privilege of elections in the clergy, granted by the late king, was not confirmed, nor the liberty of going out of the kingdom, without the royal consent: Whence we may conclude, that Pembroke and the barons, jealous of the ecclesiastical power, both were desirous of renewing the king’s claim to issue a congè d’elire to the monks and chapters, and thought it requisite to put some check to the frequent appeals to Rome. But what may chiefly surprize us is, that the obligation, to which John had subjected himself, of obtaining the consent of the great council before he levied any aids or scutages upon the nation, was omitted; and this article was even declared hard and severe, and was expressly left to future deliberation. But we must consider, that, though this limitation may perhaps appear to us the most momentous in the whole charter of John, it was not regarded in that light by the ancient barons, who were more jealous in guarding against particular acts of violence in the crown, than against such general impositions, which, unless they were evidently reasonable and necessary, could scarcely, without general consent, be levied upon men, who had arms in their hands, and who could repel any act of oppression, by which they were all immediately affected. We accordingly find, that Henry, in the course of his reign, while he gave frequent occasions for complaint, with regard to his violations of the Great Charter, never attempted, by his mere will, to levy any aids or scutages; though he was often reduced to great necessities, and was refused supply by his people. So much easier was it for him to transgress the law, when individuals alone were PLL v6.0 (generated September, 2011)

6

http://oll.libertyfund.org/title/789

Online Library of Liberty: The History of England, vol. 2

affected, than even to exert his acknowledged prerogatives, where the interest of the whole body was concerned.

This charter was again confirmed by the king in the ensuing year, with the addition of some articles to prevent the oppressions by sheriffs: And also with an additional charter of forests, a circumstance of great moment in those ages, when hunting was so much the occupation of the nobility, and when the king comprehended so considerable a part of the kingdom within his forests, which he governed by peculiar and arbitrary laws. All the forests, which had been enclosed since the reign of Henry II. were desaforested; and new perambulations were appointed for that purpose: Offences in the forests were declared to be no longer capital; but punishable by fine, imprisonment, and more gentle penalties: And all the proprietors of land recovered the power of cutting and using their own wood at their pleasure.

Thus, these famous charters were brought nearly to the shape, in which they have ever since stood; and they were, during many generations, the peculiar favourites of the English nation, and esteemed the most sacred rampart to national liberty and independance. As they secured the rights of all orders of men, they were anxiously defended by all, and became the basis, in a manner, of the English monarchy, and a kind of original contract, which both limited the authority of the king, and ensured the conditional allegiance of his subjects. Though often violated, they were still claimed by the nobility and people; and as no precedents were supposed valid, that infringed them, they rather acquired, than lost authority, from the frequent attempts, made against them in several ages, by regal and arbitrary power.

While Pembroke, by renewing and confirming the Great Charter, gave so much satisfaction and security to the nation in general, he also applied himself successfully to individuals: He wrote letters, in the king’s name, to all the malcontent barons; in which he represented to them, that, whatever jealousy and animosity they might have entertained against the late king, a young prince, the lineal heir of their ancient monarchs, had now succeeded to the throne, without succeeding either to the resentments or principles of his predecessor: That the desperate expedient, which they had employed, of calling in a foreign potentate, had, happily for them as well as for the nation, failed of entire success, and it was still in their power, by a speedy return to their duty, to restore the independance of the kingdom, and to secure that liberty, for which they so zealously contended: That as all past offences of the barons were now buried in oblivion, they ought, on their part, to forget their complaints against their late sovereign, who, if he had been any wise blameable in his conduct, had left to his son the salutary warning, to avoid the paths, which had led to such fatal extremities: And that having now obtained a charter for their liberties, it was their interest to shew, by their conduct, that this acquisition was not incompatible with their allegiance, and that the rights of king and people, so far from being hostile and

opposite, might mutually support and sustain each other.e

These considerations, enforced by the character of honour and constancy, which Pembroke had ever maintained, had a mighty influence on the barons; and most of them began secretly to negotiate with him, and many of them openly returned to their duty. The diffidence, which Lewis discovered, of their fidelity, forwarded this general PLL v6.0 (generated September, 2011)

7

http://oll.libertyfund.org/title/789

Online Library of Liberty: The History of England, vol. 2

propension towards the king; and when the French prince refused the government of the castle of Hertford to Robert Fitz-Walter, who had been so active against the late king, and who claimed that fortress as his property, they plainly saw, that the English were excluded from every trust, and that foreigners had engrossed all the confidence and affection of their new sovereign.
f
The excommunication too, denounced by the legate, against all the adherents of Lewis, failed not, in the turn which men’s dispositions had taken, to produce a mighty effect upon them; and they were easily persuaded to consider a cause as impious, for which they had already entertained an unsurmountable aversion.
g
Though Lewis made a journey to France, and brought

over succours from that kingdom,h
he found, on his return, that his party was still more weakened by the desertion of his English confederates, and that the death of John had, contrary to his expectations, given an incurable wound to his cause. The earls of Salisbury, Arundel, and Warrenne, together with William Mareschal, eldest son of the protector, had embraced Henry’s party; and every English nobleman was plainly watching for an opportunity of returning to his allegiance. Pembroke was so much strengthened by these accessions, that he ventured to invest Mount-sorel; though, upon the approach of the count of Perche with the French army, he desisted from his enterprize, and raised the siege.
i
The count, elated with this success, marched to Lincoln; and being admitted into the town, he began to attack the castle, which he soon reduced to extremity. The protector summoned all his forces from every quarter in order to relieve a place of such importance; and he appeared so much superior to the French, that they shut themselves up within the city, and resolved to act upon the

defensive.k
But the garrison of the castle, having received a strong reinforcement, made a vigorous sally upon the besiegers; while the English army, by concert, assaulted them in the same instant from without, mounted the walls by scalade, and bearing down all resistance, entered the city sword in hand. Lincoln was delivered over to be pillaged; the French army was totally routed; the count de Perche, with only two persons more, was killed, but many of the chief commanders and about 400

knights were made prisoners by the English.l
So little blood was shed in this important action, which decided the fate of one of the most powerful kingdoms in Europe; and such wretched soldiers were those ancient barons, who yet were unacquainted with every thing but arms!

Prince Lewis was informed of this fatal event, while employed in the siege of Dover, which was still valiantly defended against him by Hubert de Burgh. He immediately retreated to London, the center and life of his party; and he there received intelligence of a new disaster, which put an end to all his hopes. A French fleet, bringing over a strong reinforcement, had appeared on the coast of Kent; where they were attacked by the English under the command of Philip d’Albiney, and were routed with considerable loss. D’Albiney employed a stratagem against them, which is said to have contributed to the victory: Having gained the wind of the French, he came down upon them with violence; and throwing in their faces a great quantity of quicklime, which he purposely carried on board, he so blinded them, that they were disabled

from defending themselves.m

After this second misfortune of the French, the English barons hastened every where to make peace with the protector, and by an early submission, to prevent those attainders, to which they were exposed on account of their rebellion. Lewis, whose PLL v6.0 (generated September, 2011)

8

http://oll.libertyfund.org/title/789

Online Library of Liberty: The History of England, vol. 2

cause was now totally desperate, began to be anxious for the safety of his person, and was glad, on any honourable conditions, to make his escape from a country, where, he found, every thing was now become hostile to him. He concluded a peace with Pembroke, promised to evacuate the kingdom, and only stipulated in return, an indemnity to his adherents, and a restitution of their honours and fortunes, together with the free and equal enjoyment of those liberties, which had been granted to the rest of the nation.
n

Thus was happily ended a civil war, which seemed to be founded General pacification.

on the most incurable hatred and jealousy, and had threatened the kingdom with the most fatal consequences.

The precautions, which the king of France used in the conduct of this whole affair, are remarkable. He pretended, that his son had accepted of the offer from the English barons, without his advice, and contrary to his inclination: The armies sent to England were levied in Lewis’s name: When that prince came over to France for aid, his father publicly refused to grant him any assistance, and would not so much as admit him to his presence: Even after Henry’s party acquired the ascendant, and Lewis was in danger of falling into the hands of his enemies, it was Blanche of Castile his wife, not the king his father, who raised armies and equipped fleets for his succour.
o
All these artifices were employed, not to satisfy the pope; for he had too much penetration to be so easily imposed on: Nor yet to deceive the people; for they were too gross even for that purpose: They only served for a colouring to Philip’s cause; and in public affairs, men are often better pleased, that the truth, though known to every body, should be wrapped up under a decent cover, than if it were exposed in open day-light to the eyes of all the world.