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The rights of the Count of Anjou over Maine were formally acknowledged, and William's eldest son Robert did homage to Fulk for the county. Each prince stipulated for the safety and favour of all subjects of the other who had taken his side. Between Normandy and Anjou there was peace during the rest of the days of William; in Maine we shall see yet another revolt, though only a partial one.
William went back to England in 1073. In 1074 he went to the continent for a longer absence. As the time just after the first completion of the Conquest is spoken of as a time when Normans and English were beginning to sit down side by side in peace, so the years which followed the submission of Ely are spoken of as a time of special oppression. This fact is not unconnected with the King's frequent absences from England.
Whatever we say of William's own position, he was a check on smaller oppressors. Things were always worse when the eye of the great master was no longer watching. William's one weakness was that of putting overmuch trust in his immediate kinsfolk and friends. Of the two special oppressors, William Fitz-Osbern had thrown away his life in Flanders; but Bishop Ode was still at work, till several years later his king and brother struck him down with a truly righteous blow.
The year 1074, not a year of fighting, was pro-eminently a year of intrigue. William's enemies on the continent strove to turn the representative of the West-Saxon kings to help their ends. Edgar flits to and fro between Scotland and Flanders, and the King of the French tempts him with the offer of a convenient settlement on the march of France, Normandy, and Flanders. Edgar sets forth from Scotland, but is driven back by a storm; Malcolm and Margaret then change their minds, and bid him make his peace with King William. William gladly accepts his submission; an emba.s.sy is sent to bring him with all worship to the King in Normandy. He abides for several years in William's court contented and despised, receiving a daily pension and the profits of estates in England of no great extent which the King of a moment held by the grant of a rival who could afford to be magnanimous.
Edgar's after-life showed that he belonged to that cla.s.s of men who, as a rule slothful and listless, can yet on occasion act with energy, and who act most creditably on behalf of others. But William had no need to fear him, and he was easily turned into a friend and a dependant. Edgar, first of Englishmen by descent, was hardly an Englishman by birth.
William had now to deal with the Englishman who stood next to Edgar in dignity and far above him in personal estimation. We have reached the great turning-point in William's reign and character, the black and mysterious tale of the fate of Waltheof. The Earl of Northumberland, Northampton, and Huntingdon, was not the only earl in England of English birth. The earldom of the East-Angles was held by a born Englishman who was more hateful than any stranger. Ralph of Wader was the one Englishman who had fought at William's side against England. He often pa.s.ses for a native of Britanny, and he certainly held lands and castles in that country; but he was Breton only by the mother's side. For Domesday and the Chronicles show that he was the son of an elder Earl Ralph, who had been _staller_ or master of the horse in Edward's days, and who is expressly said to have been born in Norfolk. The unusual name suggests that the elder Ralph was not of English descent. He survived the coming of William, and his son fought on Senlac among the countrymen of his mother. This treason implies an unrecorded banishment in the days of Edward or Harold. Already earl in 1069, he had in that year acted vigorously for William against the Danes. But he now conspired against him along with Roger, the younger son of William Fitz-Osbern, who had succeeded his father in the earldom of Hereford, while his Norman estates had pa.s.sed to his elder brother William. What grounds of complaint either Ralph or Roger had against William we know not; but that the loyalty of the Earl of Hereford was doubtful throughout the year 1074 appears from several letters of rebuke and counsel sent to him by the Regent Lanfranc. At last the wielder of both swords took to his spiritual arms, and p.r.o.nounced the Earl excommunicate, till he should submit to the King's mercy and make rest.i.tution to the King and to all men whom he had wronged. Roger remained stiff-necked under the Primate's censure, and presently committed an act of direct disobedience. The next year, 1075, he gave his sister Emma in marriage to Earl Ralph. This marriage the King had forbidden, on some unrecorded ground of state policy. Most likely he already suspected both earls, and thought any tie between them dangerous. The notice shows William stepping in to do, as an act of policy, what under his successors became a matter of course, done with the sole object of making money. The _bride-ale_-the name that lurks in the modern shape of _bridal_-was held at Exning in Cambridgeshire; bishops and abbots were guests of the excommunicated Roger; Waltheof was there, and many Breton comrades of Ralph. In their cups they began to plot how they might drive the King out of the kingdom.
Charges, both true and false, were brought against William; in a mixed gathering of Normans, English, and Bretons, almost every act of William's life might pa.s.s as a wrong done to some part of the company, even though some others of the company were his accomplices. Above all, the two earls Ralph and Roger made a distinct proposal to their fellow-earl Waltheof. King William should be driven out of the land; one of the three should be King; the other two should remain earls, ruling each over a third of the kingdom. Such a scheme might attract earls, but no one else; it would undo William's best and greatest work; it would throw back the growing unity of the kingdom by all the steps that it had taken during several generations.
Now what amount of favour did Waltheof give to these schemes? Weighing the accounts, it would seem that, in the excitement of the bride-ale, he consented to the treason, but that he thought better of it the next morning. He went to Lanfranc, at once regent and ghostly father, and confessed to him whatever he had to confess. The Primate a.s.signed his penitent some ecclesiastical penances; the Regent bade the Earl go into Normandy and tell the whole tale to the King. Waltheof went, with gifts in hand; he told his story and craved forgiveness. William made light of the matter, and kept Waltheof with him, but seemingly not under restraint, till he came back to England.
Meanwhile the other two earls were in open rebellion. Ralph, half Breton by birth and earl of a Danish land, asked help in Britanny and Denmark.
Bretons from Britanny and Bretons settled in England flocked to him.
King Swegen, now almost at the end of his reign and life, listened to the call of the rebels, and sent a fleet under the command of his son c.n.u.t, the future saint, together with an earl named Hakon. The revolt in England was soon put down, both in East and West. The rebel earls met with no support save from those who were under their immediate influence.
The country acted zealously for the King. Lanfranc could report that Earl Ralph and his army were fleeing, and that the King's men, French and English, were chasing them. In another letter he could add, with some strength of language, that the kingdom was cleansed from the filth of the Bretons. At Norwich only the castle was valiantly defended by the newly married Countess Emma. Roger was taken prisoner; Ralph fled to Britanny; their followers were punished with various mutilations, save the defenders of Norwich, who were admitted to terms. The Countess joined her husband in Britanny, and in days to come Ralph did something to redeem so many treasons by dying as an armed pilgrim in the first crusade.
The main point of this story is that the revolt met with no English support whatever. Not only did Bishop Wulfstan march along with his fierce Norman brethren Ode and Geoffrey; the English people everywhere were against the rebels. For this revolt offered no attraction to English feeling; had the undertaking been less hopeless, nothing could have been gained by exchanging the rule of William for that of Ralph or Roger. It might have been different if the Danes had played their part better. The rebellion broke out while William was in Normandy; it was the sailing of the Danish fleet which brought him back to England. But never did enterprise bring less honour on its leaders than this last Danish voyage up the Humber. All that the holy c.n.u.t did was to plunder the minster of Saint Peter at York and to sail away.
His coming however seems to have altogether changed the King's feelings with regard to Waltheof. As yet he had not been dealt with as a prisoner or an enemy. He now came back to England with the King, and William's first act was to imprison both Waltheof and Roger. The imprisonment of Roger, a rebel taken in arms, was a matter of course. As for Waltheof, whatever he had promised at the bride-ale, he had done no disloyal act; he had had no share in the rebellion, and he had told the King all that he knew. But he had listened to traitors, and it might be dangerous to leave him at large when a Danish fleet, led by his old comrade c.n.u.t, was actually afloat. Still what followed is strange indeed, specially strange with William as its chief doer.
At the Midwinter Gemot of 10751076 Roger and Waltheof were brought to trial. Ralph was condemned in absence, like Eustace of Boulogne. Roger was sentenced to forfeiture and imprisonment for life. Waltheof made his defence; his sentence was deferred; he was kept at Winchester in a straiter imprisonment than before. At the Pentecostal Gemot of 1076, held at Westminster, his case was again argued, and he was sentenced to death. On the last day of May the last English earl was beheaded on the hills above Winchester.
Such a sentence and execution, strange at any time, is specially strange under William. Whatever Waltheof had done, his offence was lighter than that of Roger; yet Waltheof has the heavier and Roger the lighter punishment. With Scroggs or Jeffreys on the bench, it might have been argued that Waltheof's confession to the King did not, in strictness of law, wipe out the guilt of his original promise to the conspirators; but William the Great did not commonly act after the fashion of Scroggs and Jeffreys. To deprive Waltheof of his earldom might doubtless be prudent; a man who had even listened to traitors might be deemed unfit for such a trust. It might be wise to keep him safe under the King's eye, like Edwin, Morkere, and Edgar. But why should he be picked out for death, when the far more guilty Roger was allowed to live? Why should he be chosen as the one victim of a prince who never before or after, in Normandy or in England, doomed any man to die on a political charge?
These are questions hard to answer. It is not enough to say that Waltheof was an Englishman, that it was William's policy gradually to get rid of Englishmen in high places, and that the time was now come to get rid of the last. For such a policy forfeiture, or at most imprisonment, would have been enough. While other Englishmen lost lands, honours, at most liberty, Waltheof alone lost his life by a judicial sentence. It is likely enough that many Normans hungered for the lands and honours of the one Englishman who still held the highest rank in England. Still forfeiture without death might have satisfied even them. But Waltheof was not only earl of three shires; he was husband of the King's near kinswoman. We are told that Judith was the enemy and accuser of her husband. This may have touched William's one weak point. Yet he would hardly have swerved from the practice of his whole life to please the b.l.o.o.d.y caprice of a niece who longed for the death of her husband. And if Judith longed for Waltheof's death, it was not from a wish to supply his place with another. Legend says that she refused a second husband offered her by the King; it is certain that she remained a widow.
Waltheof's death must thus remain a mystery, an isolated deed of blood unlike anything else in William's life. It seems to have been impolitic; it led to no revolt, but it called forth a new burst of English feeling.
Waltheof was deemed the martyr of his people; he received the same popular canonization as more than one English patriot. Signs and wonders were wrought at his tomb at Crowland, till displays of miraculous power which were so inconsistent with loyalty and good order were straitly forbidden. The act itself marks a stage in the downward course of William's character. In itself, the harrying of Northumberland, the very invasion of England, with all the bloodshed that they caused, might be deemed blacker crimes than the unjust death of a single man. But as human nature stands, the less crime needs a worse man to do it. Crime, as ever, led to further crime and was itself the punishment of crime. In the eyes of William's contemporaries the death of Waltheof, the blackest act of William's life, was also its turning-point. From the day of the martyrdom on Saint Giles' hill the magic of William's name and William's arms pa.s.sed away. Unfailing luck no longer waited on him; after Waltheof's death he never, till his last campaign of all, won a battle or took a town. In this change of William's fortunes the men of his own day saw the judgement of G.o.d upon his crime. And in the fact at least they were undoubtedly right. Henceforth, though William's real power abides unshaken, the tale of his warfare is chiefly a tale of petty defeats.
The last eleven years of his life would never have won him the name of Conqueror. But in the higher walk of policy and legislation never was his n.o.bler surname more truly deserved. Never did William the Great show himself so truly great as in these later years.
The death of Waltheof and the popular judgement on it suggest another act of William's which cannot have been far from it in point of time, and about which men spoke in his own day in the same spirit. If the judgement of G.o.d came on William for the beheading of Waltheof, it came on him also for the making of the New Forest. As to that forest there is a good deal of ancient exaggeration and a good deal of modern misconception. The word _forest_ is often misunderstood. In its older meaning, a meaning which it still keeps in some parts, a forest has nothing to do with trees. It is a tract of land put outside the common law and subject to a stricter law of its own, and that commonly, probably always, to secure for the King the freer enjoyment of the pleasure of hunting. Such a forest William made in Hampshire; the impression which it made on men's minds at the time is shown by its having kept the name of the New Forest for eight hundred years. There is no reason to think that William laid waste any large tract of specially fruitful country, least of all that he laid waste a land thickly inhabited; for most of the Forest land never can have been such. But it is certain from Domesday and the Chronicle that William did _afforest_ a considerable tract of land in Hampshire; he set it apart for the purposes of hunting; he fenced it in by special and cruel laws-stopping indeed short of death-for the protection of his pleasures, and in this process some men lost their lands, and were driven from their homes. Some destruction of houses is here implied; some destruction of churches is not unlikely. The popular belief, which hardly differs from the account of writers one degree later than Domesday and the Chronicle, simply exaggerates the extent of destruction. There was no such wide-spread laying waste as is often supposed, because no such wide-spread laying waste was needed. But whatever was needed for William's purpose was done; and Domesday gives us the record. And the act surely makes, like the death of Waltheof, a downward stage in William's character. The harrying of Northumberland was in itself a far greater crime, and involved far more of human wretchedness. But it is not remembered in the same way, because it has left no such abiding memorial. But here again the lesser crime needed a worse man to do it. The harrying of Northumberland was a crime done with a political object; it was the extreme form of military severity; it was not vulgar robbery done with no higher motive than to secure the fuller enjoyment of a brutal sport. To this level William had now sunk. It was in truth now that hunting in England finally took the character of a mere sport. Hunting was no new thing; in an early state of society it is often a necessary thing. The hunting of Alfred is spoken of as a grave matter of business, as part of his kingly duty. He had to make war on the wild beasts, as he had to make war on the Danes. The hunting of William is simply a sport, not his duty or his business, but merely his pleasure. And to this pleasure, the pleasure of inflicting pain and slaughter, he did not scruple to sacrifice the rights of other men, and to guard his enjoyment by ruthless laws at which even in that rough age men shuddered.
For this crime the men of his day saw the punishment in the strange and frightful deaths of his offspring, two sons and a grandson, on the scene of his crime. One of these himself he saw, the death of his second son Richard, a youth of great promise, whose prolonged life might have saved England from the rule of William Rufus. He died in the Forest, about the year 1081, to the deep grief of his parents. And Domesday contains a touching entry, how William gave back his land to a despoiled Englishman as an offering for Richard's soul.
The forfeiture of three earls, the death of one, threw their honours and estates into the King's hands. Another fresh source of wealth came by the death of the Lady Edith, who had kept her royal rank and her great estates, and who died while the proceedings against Waltheof were going on. It was not now so important for William as it had been in the first years of the Conquest to reward his followers; he could now think of the royal h.o.a.rd in the first place. Of the estates which now fell in to the Crown large parts were granted out. The house of BiG.o.d, afterwards so renowned as Earls of Norfolk, owe their rise to their forefather's share in the forfeited lands of Earl Ralph. But William kept the greater part to himself; one lordship in Somerset, part of the lands of the Lady, he gave to the church of Saint Peter at Rome. Of the three earldoms, those of Hereford and East-Anglia were not filled up; the later earldoms of those lands have no connexion with the earls of William's day.
Waltheof's southern earldoms of Northampton and Huntingdon became the dowry of his daughter Matilda; that of Huntingdon pa.s.sed to his descendants the Kings of Scots. But Northumberland, close on the Scottish border, still needed an earl; but there is something strange in the choice of Bishop Walcher of Durham. It is possible that this appointment was a concession to English feeling stirred to wrath at the death of Waltheof. The days of English earls were over, and a Norman would have been looked on as Waltheof's murderer. The Lotharingian bishop was a stranger; but he was not a Norman, and he was no oppressor of Englishmen. But he was strangely unfit for the place. Not a fighting bishop like Ode and Geoffrey, he was chiefly devoted to spiritual affairs, specially to the revival of the monastic life, which had died out in Northern England since the Danish invasions. But his weak trust in unworthy favourites, English and foreign, led him to a fearful and memorable end. The Bishop was on terms of close friendship with Ligulf, an Englishman of the highest birth and uncle by marriage to Earl Waltheof. He had kept his estates; but the insolence of his Norman neighbours had caused him to come and live in the city of Durham near his friend the Bishop. His favour with Walcher roused the envy of some of the Bishop's favourites, who presently contrived his death. The Bishop lamented, and rebuked them; but he failed to "do justice," to punish the offenders sternly and speedily. He was therefore believed to be himself guilty of Ligulf's death. One of the most striking and instructive events of the time followed. On May 14, 1080, a full Gemot of the earldom was held at Gateshead to deal with the murder of Ligulf. This was one of those rare occasions when a strong feeling led every man to the a.s.sembly. The local Parliament took its ancient shape of an armed crowd, headed by the n.o.blest Englishmen left in the earldom. There was no vote, no debate; the shout was "Short rede good rede, slay ye the Bishop." And to that cry, Walcher himself and his companions, the murderers of Ligulf among them, were slaughtered by the raging mult.i.tude who had gathered to avenge him.
The riot in which Walcher died was no real revolt against William's government. Such a local rising against a local wrong might have happened in the like case under Edward or Harold. No government could leave such a deed unpunished; but William's own ideas of justice would have been fully satisfied by the blinding or mutilation of a few ringleaders. But William was in Normandy in the midst of domestic and political cares. He sent his brother Ode to restore order, and his vengeance was frightful. The land was harried; innocent men were mutilated and put to death; others saved their lives by bribes. Earl after earl was set over a land so hard to rule. A certain Alberie was appointed, but he was removed as unfit. The fierce Bishop Geoffrey of Coutances tried his hand and resigned. At the time of William's death the earldom was held by Geoffrey's nephew Robert of Mowbray, a stern and gloomy stranger, but whom Englishmen reckoned among "good men," when he guarded the marches of England against the Scot.
After the death of Waltheof William seems to have stayed in Normandy for several years. His ill luck now began. Before the year 1076 was out, he entered, we know not why, on a Breton campaign. But he was driven from Dol by the combined forces of Britanny and France; Philip was ready to help any enemy of William. The Conqueror had now for the first time suffered defeat in his own person. He made peace with both enemies, promising his daughter Constance to Alan of Britanny. But the marriage did not follow till ten years later. The peace with France, as the English Chronicle says, "held little while;" Philip could not resist the temptation of helping William's eldest son Robert when the reckless young man rebelled against his father. With most of the qualities of an accomplished knight, Robert had few of those which make either a wise ruler or an honest man. A brave soldier, even a skilful captain, he was no general; ready of speech and free of hand, he was lavish rather than bountiful. He did not lack generous and n.o.ble feelings; but of a steady course, even in evil, he was incapable. As a ruler, he was no oppressor in his own person; but sloth, carelessness, love of pleasure, incapacity to say No, failure to do justice, caused more wretchedness than the oppression of those tyrants who hinder the oppressions of others.
William would not set such an one over any part of his dominions before his time, and it was his policy to keep his children dependent on him.
While he enriched his brothers, he did not give the smallest sc.r.a.p of the spoils of England to his sons. But Robert deemed that he had a right to something greater than private estates. The n.o.bles of Normandy had done homage to him as William's successor; he had done homage to Fulk for Maine, as if he were himself its count. He was now stirred up by evil companions to demand that, if his father would not give him part of his kingdom-the spirit of Edwin and Morkere had crossed the sea-he would at least give him Normandy and Maine. William refused with many pithy sayings. It was not his manner to take off his clothes till he went to bed. Robert now, with a band of discontented young n.o.bles, plunged into border warfare against his father. He then wandered over a large part of Europe, begging and receiving money and squandering all that he got. His mother too sent him money, which led to the first quarrel between William and Matilda after so many years of faithful union. William rebuked his wife for helping his enemy in breach of his orders: she pleaded the mother's love for her first-born. The mother was forgiven, but her messenger, sentenced to loss of eyes, found shelter in a monastery.
At last in 1079 Philip gave Robert a settled dwelling-place in the border-fortress of Gerberoi. The strife between father and son became dangerous. William besieged the castle, to undergo before its walls his second defeat, to receive his first wound, and that at the hands of his own son. Pierced in the hand by the lance of Robert, his horse smitten by an arrow, the Conqueror fell to the ground, and was saved only by an Englishman, Tokig, son of WigG.o.d of Wallingford, who gave his life for his king. It seems an early softening of the tale which says that Robert dismounted and craved his father's pardon; it seems a later hardening which says that William p.r.o.nounced a curse on his son. William Rufus too, known as yet only as the dutiful son of his father, was wounded in his defence. The blow was not only grievous to William's feelings as a father; it was a serious military defeat. The two wounded Williams and the rest of the besiegers escaped how they might, and the siege of Gerberoi was raised.
We next find the wise men of Normandy debating how to make peace between father and son. In the course of the year 1080 a peace was patched up, and a more honourable sphere was found for Robert's energies in an expedition into Scotland. In the autumn of the year of Gerberoi Malcolm had made another wasting inroad into Northumberland. With the King absent and Northumberland in confusion through the death of Walcher, this wrong went unavenged till the autumn of 1080. Robert gained no special glory in Scotland; a second quarrel with his father followed, and Robert remained a banished man during the last seven years of William's reign.
In this same year 1080 a synod of the Norman Church was held, the Truce of G.o.d again renewed which we heard of years ago. The forms of outrage on which the Truce was meant to put a cheek, and which the strong hand of William had put down more thoroughly than the Truce would do, had clearly begun again during the confusions caused by the rebellion of Robert.
The two next years, 10811082, William was in England. His home sorrows were now pressing heavily on him. His eldest son was a rebel and an exile; about this time his second son died in the New Forest; according to one version, his daughter, the betrothed of Edwin, who had never forgotten her English lover, was now promised to the Spanish King Alfonso, and died-in answer to her own prayers-before the marriage was celebrated. And now the partner of William's life was taken from him four years after his one difference with her. On November 3, 1083, Matilda died after a long sickness, to her husband's lasting grief. She was buried in her own church at Caen, and churches in England received gifts from William on behalf of her soul.
The mourner had soon again to play the warrior. Nearly the whole of William's few remaining years were spent in a struggle which in earlier times he would surely have ended in a day. Maine, city and county, did not call for a third conquest; but a single baron of Maine defied William's power, and a single castle of Maine held out against him for three years. Hubert, Viscount of Beaumont and Fresnay, revolted on some slight quarrel. The siege of his castle of Sainte-Susanne went on from the death of Matilda till the last year but one of William's reign. The tale is full of picturesque detail; but William had little personal share in it. The best captains of Normandy tried their strength in vain against this one donjon on its rock. William at last made peace with the subject who was too strong for him. Hubert came to England and received the King's pardon. Practically the pardon was the other way.
Thus for the last eleven years of his life William ceased to be the Conqueror. Engaged only in small enterprises, he was unsuccessful in all. One last success was indeed in store for him; but that was to be purchased with his own life. As he turned away in defeat from this castle and that, as he felt the full bitterness of domestic sorrow, he may have thought, as others thought for him, that the curse of Waltheof, the curse of the New Forest, was ever tracking his steps. If so, his crimes were done in England, and their vengeance came in Normandy. In England there was no further room for his mission as Conqueror; he had no longer foes to overcome. He had an act of justice to do, and he did it.
He had his kingdom to guard, and he guarded it. He had to take the great step which should make his kingdom one for ever; and he had, perhaps without fully knowing what he did, to bid the picture of his reign be painted for all time as no reign before or after has been painted.
CHAPTER XI.
THE LAST YEARS OF WILLIAM.
10811087.
OF two events of these last years of the Conqueror's reign, events of very different degrees of importance, we have already spoken. The Welsh expedition of William was the only recorded fighting on British ground, and that lay without the bounds of the kingdom of England. William now made Normandy his chief dwelling-place, but he was constantly called over to England. The Welsh campaign proves his presence in England in 1081; he was again in England in 1082, but he went back to Normandy between the two visits. The visit of 1082 was a memorable one; there is no more characteristic act of the Conqueror than the deed which marks it. The cruelty and insolence of his brother Ode, whom he had trusted so much more than he deserved, had pa.s.sed all bounds. In avenging the death of Walcher he had done deeds such as William never did himself or allowed any other man to do. And now, beguiled by a soothsayer who said that one of his name should be the next Pope, he dreamed of succeeding to the throne of Gregory the Seventh. He made all kinds of preparations to secure his succession, and he was at last about to set forth for Italy at the head of something like an army. His schemes were by no means to the liking of his brother. William came suddenly over from Normandy, and met Ode in the Isle of Wight. There the King got together as many as he could of the great men of the realm. Before them he arraigned Ode for all his crimes. He had left him as the lieutenant of his kingdom, and he had shown himself the common oppressor of every cla.s.s of men in the realm. Last of all, he had beguiled the warriors who were needed for the defence of England against the Danes and Irish to follow him on his wild schemes in Italy. How was he to deal with such a brother, William asked of his wise men.
He had to answer himself; no other man dared to speak. William then gave his judgement. The common enemy of the whole realm should not be spared because he was the King's brother. He should be seized and put in ward.
As none dared to seize him, the King seized him with his own hands. And now, for the first time in England, we hear words which were often heard again. The bishop stained with blood and sacrilege appealed to the privileges of his order. He was a clerk, a bishop; no man might judge him but the Pope. William, taught, so men said, by Lanfranc, had his answer ready. "I do not seize a clerk or a bishop; I seize my earl whom I set over my kingdom." So the Earl of Kent was carried off to a prison in Normandy, and Pope Gregory himself pleaded in vain for the release of the Bishop of Bayeux.
The mind of William was just now mainly given to the affairs of his island kingdom. In the winter of 1083 he hastened from the death-bed of his wife to the siege of Sainte-Susanne, and thence to the Midwinter Gemot in England. The chief object of the a.s.sembly was the specially distasteful one of laying on of a tax. In the course of the next year, six shillings was levied on every hide of land to meet a pressing need.
The powers of the North were again threatening; the danger, if it was danger, was greater than when Waltheof smote the Normans in the gate at York. Swegen and his successor Harold were dead. c.n.u.t the Saint reigned in Denmark, the son-in-law of Robert of Flanders. This alliance with William's enemy joined with his remembrance of his own two failures to stir up the Danish king to a yearning for some exploit in England.
English exiles were still found to urge him to the enterprise. William's conquest had scattered banished or discontented Englishmen over all Europe. Many had made their way to the Eastern Rome; they had joined the Warangian guard, the surest support of the Imperial throne, and at Dyrrhachion, as on Senlac, the axe of England had met the lance of Normandy in battle. Others had fled to the North; they prayed c.n.u.t to avenge the death of his kinsman Harold and to deliver England from the yoke of men-so an English writer living in Denmark spoke of them-of Roman speech. Thus the Greek at one end of Europe, the Norman at the other, still kept on the name of Rome. The fleet of Denmark was joined by the fleet of Flanders; a smaller contingent was promised by the devout and peaceful Olaf of Norway, who himself felt no call to take a share in the work of war.
Against this danger William strengthened himself by the help of the tax that he had just levied. He could hardly have dreamed of defending England against Danish invaders by English weapons only. But he thought as little of trusting the work to his own Normans. With the money of England he hired a host of mercenaries, horse and foot, from France and Britanny, even from Maine where Hubert was still defying him at Sainte-Susanne. He gathered this force on the mainland, and came back at its head, a force such as England had never before seen; men wondered how the land might feed them all. The King's men, French and English, had to feed them, each man according to the amount of his land. And now William did what Harold had refused to do; he laid waste the whole coast that lay open to attack from Denmark and Flanders. But no Danes, no Flemings, came. Disputes arose between c.n.u.t and his brother Olaf, and the great enterprise came to nothing. William kept part of his mercenaries in England, and part he sent to their homes. c.n.u.t was murdered in a church by his own subjects, and was canonized as _Sanctus Canutus_ by a Pope who could not speak the Scandinavian name.
Meanwhile, at the Midwinter Gemot of 10851086, held in due form at Gloucester, William did one of his greatest acts. "The King had mickle thought and sooth deep speech with his Witan about his land, how it were set and with whilk men." In that "deep speech," so called in our own tongue, lurks a name well known and dear to every Englishman. The result of that famous parliament is set forth at length by the Chronicler. The King sent his men into each shire, men who did indeed set down in their writ how the land was set and of what men. In that writ we have a record in the Roman tongue no less precious than the Chronicles in our own. For that writ became the Book of Winchester, the book to which our fathers gave the name of Domesday, the book of judgement that spared no man.
The Great Survey was made in the course of the first seven months of the year 1086. Commissioners were sent into every shire, who inquired by the oaths of the men of the hundreds by whom the land had been held in King Edward's days and what it was worth then, by whom it was held at the time of the survey and what it was worth then; and lastly, whether its worth could be raised. Nothing was to be left out. "So sooth narrowly did he let spear it out, that there was not a hide or a yard of land, nor further-it is shame to tell, and it thought him no shame to do-an ox nor a cow nor a swine was left that was not set in his writ." This kind of searching inquiry, never liked at any time, would be specially grievous then. The taking of the survey led to disturbances in many places, in which not a few lives were lost. While the work was going on, William went to and fro till he knew thoroughly how this land was set and of what men. He had now a list of all men, French and English, who held land in his kingdom. And it was not enough to have their names in a writ; he would see them face to face. On the making of the survey followed that great a.s.sembly, that great work of legislation, which was the crown of William's life as a ruler and lawgiver of England. The usual a.s.semblies of the year had been held at Winchester and Westminster. An extraordinary a.s.sembly was held in the plain of Salisbury on the first day of August. The work of that a.s.sembly has been already spoken of. It was now that all the owners of land in the kingdom became the men of the King; it was now that England became one, with no fear of being again parted asunder.
The close connexion between the Great Survey and the law and the oath of Salisbury is plain. It was a great matter for the King to get in the gold certainly and, we may add, fairly. William would deal with no man otherwise than according to law as he understood the law. But he sought for more than this. He would not only know what this land could be made to pay; he would know the state of his kingdom in every detail; he would know its military strength; he would know whether his own will, in the long process of taking from this man and giving to that, had been really carried out. Domesday is before all things a record of the great confiscation, a record of that gradual change by which, in less than twenty years, the greater part of the land of England had been transferred from native to foreign owners. And nothing shows like Domesday in what a formally legal fashion that transfer was carried out.
What were the principles on which it was carried out, we have already seen. All private property in land came only from the grant of King William. It had all pa.s.sed into his hands by lawful forfeiture; he might keep it himself; he might give it back to its old owner or grant it to a new one. So it was at the general redemption of lands; so it was whenever fresh conquests or fresh revolts threw fresh lands into the King's hands. The principle is so thoroughly taken for granted, that we are a little startled to find it incidentally set forth in so many words in a case of no special importance. A priest named Robert held a single yardland in alms of the King; he became a monk in the monastery of Stow-in-Lindesey, and his yardland became the property of the house. One hardly sees why this case should have been picked out for a solemn declaration of the general law. Yet, as "the day on which the English redeemed their lands" is spoken of only casually in the case of a particular estate, so the principle that no man could hold lands except by the King's grant ("Non licet terram alicui habere nisi regis concessu") is brought in only to ill.u.s.trate the wrongful dealing of Robert and the monks of Stow in the case of a very small holding indeed.
All this is a vast system of legal fictions; for William's whole position, the whole scheme of his government, rested on a system of legal fictions. Domesday is full of them; one might almost say that there is nothing else there. A very attentive study of Domesday might bring out the fact that William was a foreign conqueror, and that the book itself was a record of the process by which he took the lands of the natives who had fought against him to reward the strangers who had fought for him.
But nothing of this kind appears on the surface of the record. The great facts of the Conquest are put out of sight. William is taken for granted, not only as the lawful king, but as the immediate successor of Edward. The "time of King Edward" and the "time of King William" are the two times that the law knows of. The compilers of the record are put to some curious shifts to describe the time between "the day when King Edward was alive and dead" and the day "when King William came into England." That coming might have been as peaceful as the coming of James the First or George the First. The two great battles are more than once referred to, but only casually in the mention of particular persons. A very sharp critic might guess that one of them had something to do with King William's coming into England; but that is all. Harold appears only as Earl; it is only in two or three places that we hear of a "time of Harold," and even of Harold "seizing the kingdom" and "reigning." These two or three places stand out in such contrast to the general language of the record that we are led to think that the scribe must have copied some earlier record or taken down the words of some witness, and must have forgotten to translate them into more loyal formulae. So in recording who held the land in King Edward's day and who in King William's, there is nothing to show that in so many cases the holder under Edward had been turned out to make room for the holder under William. The former holder is marked by the perfectly colourless word "ancestor" ("antecessor"), a word as yet meaning, not "forefather," but "predecessor" of any kind. In Domesday the word is most commonly an euphemism for "dispossessed Englishman." It is a still more distinct euphemism where the Norman holder is in more than one place called the "heir" of the dispossessed Englishmen.
The formulae of Domesday are the most speaking witness to the spirit of outward legality which ruled every act of William. In this way they are wonderfully instructive; but from the formulae alone no one could ever make the real facts of William's coming and reign. It is the incidental notices which make us more at home in the local and personal life of this reign than of any reign before or for a long time after. The Commissioners had to report whether the King's will had been everywhere carried out, whether every man, great and small, French and English, had what the King meant him to have, neither more nor less. And they had often to report a state of things different from what the King had meant to be. Many men had not all that King William had meant them to have, and many others had much more. Normans had taken both from Englishmen and from other Normans. Englishmen had taken from Englishmen; some had taken from ecclesiastical bodies; some had taken from King William himself; nay King William himself holds lands which he ought to give up to another man. This last entry at least shows that William was fully ready to do right, according to his notions of right. So also the King's two brothers are set down among the chief offenders. Of these unlawful holdings of land, marked in the technical language of the Survey as _invasiones_ and _occupationes_, many were doubtless real cases of violent seizure, without excuse even according to William's reading of the law. But this does not always follow, even when the language of the Survey would seem to imply it. Words implying violence, _per vim_ and the like, are used in the legal language of all ages, where no force has been used, merely to mark a possession as illegal. We are startled at finding the Apostle Paul set down as one of the offenders; but the words "sanctus Paulus invasit" mean no more than that the canons of Saint Paul's church in London held lands to which the Commissioners held that they had no good t.i.tle. It is these cases where one man held land which another claimed that gave opportunity for those personal details, stories, notices of tenures and customs, which make Domesday the most precious store of knowledge of the time.
One fruitful and instructive source of dispute comes from the way in which the lands in this or that district were commonly granted out. The in-comer, commonly a foreigner, received all the lands which such and such a man, commonly a dispossessed Englishman, held in that shire or district. The grantee stepped exactly into the place of the _antecessor_; he inherited all his rights and all his burthens. He inherited therewith any disputes as to the extent of the lands of the _antecessor_ or as to the nature of his tenure. And new disputes arose in the process of transfer. One common source of dispute was when the former owner, besides lands which were strictly his own, held lands on lease, subject to a reversionary interest on the part of the Crown or the Church. The lease or sale-_emere_ is the usual word-of Church lands for three lives to return to the Church at the end of the third life was very common. If the _antecessor_ was himself the third life, the grantee, his _heir_, had no claim to the land; and in any case he could take in only with all its existing liabilities. But the grantee often took possession of the whole of the land held by the _antecessor_, as if it were all alike his own. A crowd of complaints followed from all manner of injured persons and bodies, great and small, French and English, lay and clerical. The Commissioners seem to have fairly heard all, and to have fairly reported all for the King to judge of. It is their care to do right to all men which has given us such strange glimpses of the inner life of an age which had none like it before or after.