Chapter 12, part 2 - History of England 1B, by David Hume

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The low state into which the crown was fallen, made it requisite for a good minister to be attentive to the preservation of the royal prerogatives, as well as to the security of public liberty. Hubert applied to the pope, who had always great authority in the kingdom, and was now considered as its superior lord, and desired him to issue a bull, declaring the king to be of full age, and entitled to exercise in person all the acts of royalty.[*] In consequence of this declaration, the justiciary resigned into Henry’s hands the two important fortresses of the Tower and Dover Castle, which had been intrusted to his custody; and he required the other barons to imitate his example. They refused compliance: the earls of Chester and Albemarle, John Constable of Chester, John de Lacy, Brian de l’Isle, and William de Cantel, with some others, even formed a conspiracy to surprise London, and met in arms at Waltham with that intention: but finding the king prepared for defence, they desisted from their enterprise. When summoned to court in order to answer for their conduct, they scrupled not to appear, and to confess the design: but they told the king that they had no bad intentions against his person, but only against Hubert de Burgh, whom they were determined to remove from his office.[**] They appeared too formidable to be chastised; and they were so little discouraged by the failure of their first enterprise, that they again met in arms at Leicester, in order to seize the king, who then resided at Northampton: but Henry, informed of their purpose, took care to be so well armed and attended, that the barons found it dangerous to make the attempt; and they sat down and kept Christmas in his neighborhood.[***] The archbishop and the prelates, finding every thing tend towards a civil war, interposed with their authority, and threatened the barons with the sentence of excommunication, if they persisted in detaining the king’s castles. This menace at last prevailed: most of the fortresses were surrendered; though the barons complained that Hubert’s castles were soon after restored to him, while the king still kept theirs in his own custody. There are said to have been one thousand one hundred and fifteen castles at that time in England.[****]

* M. Paris, p. 220. ** Chron. Dunst. vol. i. p. 137. *** M. Paris, p. 221. Chron. Dunst. vol. i. p. 138. **** Coke’s Comment on Magna Charta, chap. 17.

It must be acknowledged that the influence of the prelates and the clergy was often of great service to the public.

Though the religion of that age can merit no better name than that of superstition, it served to unite together a body of men who had great sway over the people, and who kept the community from falling to pieces, by the factions and independent power of the nobles. And what was of great importance, it threw a mighty authority into the hands of men, who by their profession were averse to arms and violence, who tempered by their mediation the general disposition towards military enterprises; and who still maintained, even amidst the shock of arms, those secret links, without which it is impossible for human society to subsist.

Notwithstanding these intestine commotions in England, and the precarious authority of the crown, Henry was obliged to carry on war in France; and he employed to that purpose the fifteenth which had been granted him by parliament. Lewis VIII., who had succeeded to his father Philip, instead of complying with Henry’s claim, who demanded the restitution of Normandy and the other provinces wrested from England, made an irruption into Poictou, took Rochelle[*] after a long siege, and seemed determined to expel the English from the few provinces which still remained to them. Henry sent over his uncle, the earl of Salisbury, together with his brother, Prince Richard, to whom he had granted the earldom of Cornwall, which had escheated to the crown. Salisbury stopped the progress of Lewis’s arms, and retained the Poictevin and Gascon vassals in their allegiance: but no military action of any moment was performed on either side. The earl of Cornwall, after two years’ stay in Guienne, returned to England.

* Rymer, vol i. p. 269. Trivet, p. 179.

1227.

This prince was nowise turbulent or factious in his disposition: his ruling passion was to amass money, in which he succeeded so well as to become the richest subject in Christendom: yet his attention to gain threw him sometimes into acts of violence, and gave disturbance to the government. There was a manor, which had formerly belonged to the earldom of Cornwall but had been granted to Waleran de Ties, before Richard had been invested with that dignity, and while the earldom remained in the crown. Richard claimed this manor, and expelled the proprietor by force: Waleran complained: the king ordered his brother to do justice to the man, and restore him to his rights: the earl said that he would not submit to these orders, till the cause should be decided against him by the judgment of his peers: Henry replied, that it was first necessary to reinstate Waleran in possession, before the cause could be tried; and he reiterated his orders to the earl.[*] We may judge of the state of the government, when this affair had nearly produced a civil war The earl of Cornwall, finding Henry peremptory in his commands, associated himself with the young earl of Pembroke who had married his sister, and who was displeased on account of the king’s requiring him to deliver up some royal castles which were in his custody. These two malecontents took into the confederacy the earls of Chester, Warrenne, Glocester, Hereford, Warwick, and Ferrers, who were all disgusted on a like account. [**] They assembled an army, which the king had not the power or courage to resist; and he was obliged to give his brother satisfaction, by grants of much greater importance than the manor, which had been the first ground of the quarrel.[***]

The character of the king, as he grew to man’s estate, became every day better known; and he was found in every respect unqualified for maintaining a proper sway among those turbulent barons, whom the feudal constitution subjected to his authority. Gentle, humane, and merciful even to a fault, he seems to have been steady in no other circumstance of his character; but to have received every impression from those who surrounded him, and whom he loved, for the time, with the most imprudent and most unreserved affection. Without activity or vigor, he was unfit to conduct war; without policy or art, he was ill fitted to maintain peace: his resentments, though hasty and violent, were not dreaded, while he was found to drop them with such facility; his friendships were little valued, because they were neither derived from choice, nor maintained with constancy: a proper pageant of state in a regular monarchy, where his ministers could have conducted all affairs in his name and by his authority; but too feeble in those disorderly times to sway a sceptre, whose weight depended entirely on the firmness and dexterity of the hand which held it.

* M. Paris, p. 233. ** M. Paris, p. 233. *** M. Paris, p. 233.

The ablest and most virtuous minister that Henry ever possessed was Hubert de Burgh;[*] a man who had been steady to the crown in the most difficult and dangerous times, and who yet showed no disposition, in the height of his power, to enslave or oppress the people. The only exceptionable part of his conduct is that which is mentioned by Matthew Paris,[**] if the fact be really true, and proceeded from Hubert’s advice, namely, the recalling publicly and the annulling of the charter of forests, a concession so reasonable in itself, and so passionately claimed both by the nobility and people: but it must be confessed that this measure is so unlikely, both from the circumstances of the times and character of the minister, that there is reason to doubt of its reality, especially as it is mentioned by no other historian. Hubert, while he enjoyed his authority, had an entire ascendant over Henry, and was loaded with honors and favors beyond any other subject.

1231.

Besides acquiring the property of many castles and manors, he married the eldest sister of the king of Scots, was created earl of Kent, and, by an unusual concession, was made chief justiciary of England for life; yet Henry, in a sudden caprice, threw off his faithful minister, and exposed him to the violent persecutions of his enemies. Among other frivolous crimes objected to him, he was accused of gaining the king’s affections by enchantment, and of purloining from the royal treasury a gem which had the virtue to render the wearer invulnerable, and of sending this valuable curiosity to the prince of Wales.[***] The nobility, who hated Hubert on account of his zeal in resuming the rights and possessions of the crown, no sooner saw the opportunity favorable, than they inflamed the king’s animosity against him, and pushed him to seek the total ruin of his minister. Hubert took sanctuary in a church: the king ordered him to be dragged from thence: he recalled those orders: he afterwards renewed them: he was obliged by the clergy to restore him to the sanctuary: he constrained him soon after to surrender himself prisoner, and he confined him in the castle of the Devizes. Hubert made his escape, was expelled the kingdom, was again received into favor, recovered a great share of the king’s confidence, but never showed any inclination to reinstate himself in power and authority.[****]

* Ypod. Neust. p. 464. ** Page 232. M. West (p. 216) ascribes this counsel to Peter, bishop of Winchester. *** M. Paris, p. 259. **** M. Paris, p. 259, 260, 261, 266. Chron. T. Wykes, p. 41, 47 Chron. Dunst. vol. i. p. 220, 221. M. West, p. 291, 301.

The man who succeeded him in the government of the king and kingdom, was Peter, bishop of Winchester, a Poictevin by birth, who had been raised by the late king, and who was no less distinguished by his arbitrary principles and violent conduct, than by his courage and abilities. This prelate had been left by King John justiciary and regent of the kingdom during an expedition which that prince made into France; and his illegal administration was one chief cause of that great combination among the barons, which finally extorted from the crown the charter of liberties, and laid the foundation of the English constitution. Henry, though incapable, from his character, of pursuing the same violent maxims which had governed his father, had imbibed the same arbitrary principles; and in prosecution of Peter’s advice, he invited over a great number of Poictevins and other foreigners, who, he believed, could more safely be trusted than the English, and who seemed useful to counterbalance the great and independent power of the nobility.[*] Every office and command was bestowed on these strangers; they exhausted the revenues of the crown, already too much impoverished;[**] they invaded the rights of the people; and their insolence, still more provoking than their power, drew on them the hatred and envy of all orders of men in the kingdom.[***]

1233.

The barons formed a combination against this odious ministry, and withdrew from parliament, on pretence of the danger to which they were exposed from the machinations of the Poictevins. When again summoned to attend, they gave for answer, that the king should dismiss his foreigners, otherwise they would drive both him and them out of the kingdom, and put the crown on another head, more worthy to wear it: [****] such was the style they used to their sovereign. They at last came to parliament, but so well attended, that they seemed in a condition to prescribe laws to the king and ministry.

* M. Paris, p. 263 ** Chron. Dunst. vol. i. p. 151. *** M. Paris, p. 258 **** M. Paris, p 265.

Peter des Roches, however, had in the interval found means of sowing dissension among them, and of bringing over to his party the earl of Cornwall, as well as the earls of Lincoln and Chester. The confederates were disconcerted in their measures: Richard, earl Mareschal, who had succeeded to that dignity on the death of his brother William, was chased into Wales; he thence withdrew into Ireland, where he was treacherously murdered by the contrivance of the bishop of Winchester.[*] The estates of the more obnoxious barons were confiscated, without legal sentence or trial by their peers; [**] and were bestowed with a profuse liberality on the Poictevins. Peter even carried his insolence so far as to declare publicly, that the barons of England must not pretend to put themselves on the same foot with those of France, or assume the same liberties and privileges: the monarch in the former country had a more absolute power than in the latter. It had been more justifiable for him to have said, that men so unwilling to submit to the authority of laws, could with the worst grace claim any shelter or protection from them.

When the king at any time was checked in his illegal practices, and when the authority of the Great Charter was objected to him, he was wont to reply, “Why should I observe this charter, which is neglected by all my grandees, both prelates and nobility?” It was very reasonably said to him, “You ought, sir, to set them the example.” [***]

So violent a ministry as that of the bishop of Winchester could not be of long duration; but its fall proceeded at last from the influence of the church, not from the efforts of the nobles. Edmond, the primate, came to court, attended by many of the other prelates, and represented to the king the pernicious measures embraced by Peter des Roches, the discontents of his people, the ruin of his affairs; and after requiring the dismission of the minister and his associates, threatened him with excommunication in case of his refusal. Henry, who knew that an excommunication so agreeable to the sense of the people could not fail of producing the most dangerous effects, was obliged to submit: foreigners were banished; the natives were restored to their place in council;[****] the primate, who was a man of prudence, and who took care to execute the laws and observe the charter of liberties, bore the chief sway in the government.

1236.

But the English in vain flattered themselves that they should be long free from the dominion of foreigners. The king, having married Eleanor, daughter of the count of Provence,[*****] was surrounded by a great number of strangers from that country, whom he caressed with the fondest affection, and enriched by an imprudent generosity.[******]

* Chron. Dunst. vol. i p. 219. ** M. Paris, p. 265. *** M. Paris, p. 608. **** M. Paris, p. 271, 272 ****** M. Paris, p. 286.

The bishop of Valence, a prelate of the house of Savoy, and maternal uncle to the queen, was his chief minister, and employed every art to amass wealth for himself and his relations. Peter of Savoy, a brother of the same family, was invested in the honor of Richmond, and received the rich wardship of Earl Warrenne; Boniface of Savoy was promoted to the see of Canterbury: many young ladies were invited over to Provence, and married to the chief noblemen of England, who were the king’s wards. [*] And, as the source of Henry’s bounty began to fail, his Savoyard ministry applied to Rome, and obtained a bull, permitting him to resume all past grants; absolving him from the oath which he had taken to maintain them; even enjoining him to make such a resumption, and representing those grants as invalid, on account of the prejudice which ensued from them to the Roman pontiff, in whom the superiority of the kingdom was vested.[**] The opposition made to the intended resumption prevented it from taking place; but the nation saw the indignities to which the king was willing to submit, in order to gratify the avidity of his foreign favorites. About the same time he published in England the sentence of excommunication, pronounced against the emperor Frederic, his brother-in-law;[***] and said in excuse, that, being the pope’s vassal, he was obliged by his allegiance to obey all the commands of his holiness. In this weak reign, when any neighboring potentate insulted the king’s dominions, instead of taking revenge for the injury, he complained to the pope as his superior lord, and begged him to give protection to his vassal.[****]

* M. Paris, p. 236, 301, 305, 316, 541. **M. West. p. 302, 304. *** M. Paris, p. 484. ****M. West.p. 338.

1247.

The resentment of the English barons rose high at the preference given to foreigners; but no remonstrance or complaint could ever prevail on the king to abandon them, or even to moderate his attachment towards them. After the Provencals and Savoyards might have been supposed pretty well satiated with the dignities and riches which they had acquired, a new set of hungry foreigners were invited over, and shared among them those favors which the king ought in policy to have conferred on the English nobility, by whom his government could have been supported and defended. His mother Isabella, who had been unjustly taken by the late king from the count de la Marche, to whom she was betrothed, was no mistress of herself by the death of her husband, than she married that nobleman;[*] and she had born him four sons, Guy, William, Geoffrey, and Aymer, whom she sent over to England, in order to pay a visit to their brother. The good-natured and affectionate disposition of Henry was moved at the sight of such near relations; and he considered neither his own circumstances, nor the inclinations of his people, in the honors and riches which he conferred upon them.[**] Complaints rose as high against the credit of the Gascon, as ever they had done against that of the Poictevin and of the Savoyard favorites; and to a nation prejudiced against them, all their measures appeared exceptionable and criminal. Violations of the Great Charter were frequently mentioned; and it is indeed more than probable, that foreigners, ignorant of the laws, and relying on the boundless affections of a weak prince, would, in an age when a regular administration was not any where known, pay more attention to their present interest than to the liberties of the people. It is reported that the Poictevins and other strangers, when the laws were at any time appealed to in opposition to their oppressions, scrupled not to reply, “What did the English laws signify to them? They minded them not.” And as words are often more offensive than actions, this open contempt of the English tended much to aggravate the general discontent, and made every act of violence committed by the foreigners appear not only an injury, but an affront to them.[***]

I reckon not among the violations of the Great Charter some arbitrary exertions of prerogative to which Henry’s necessities pushed him, and which, without producing any discontent, were uniformly continued by all his successors, till the last century. As the parliament often refused him supplies, and that in a manner somewhat rude and indecent,[****] he obliged his opulent subjects, particularly the citizens of London, to grant him loans of money; and it is natural to imagine that the same want of economy which reduced him to the necessity of borrowing, would prevent him from being very punctual in the repayment.[*****] He demanded benevolences, or pretended voluntary contributions, from his nobility and prelates.[******]

* Trivet, p. 174. ** M. Paris, p. 491. M. West. p. 338. Knyghton, p. 2436. *** M. Paris, p. 566, 666. Ann. Waverl. p. 214. Chron. Dunst. vol. i. p. 335. **** M. Paris, p. 301 ****** M. Paris, p. 507



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