Neither of the interested parties, however, was in the least disposed to waive any claims which he possessed. John had had trouble with Richard during the previous winter on a suspicion of treasonable correspondence with Philip and because he thought his income was too scanty, and he was in Britanny, even at the court of Arthur, when the news of Richard's death reached him. He at once took horse with a few attendants and rode to Chinon, where the king's treasure was kept, and this was given up without demur on his demand by Robert of Turnharn, the keeper. Certain barons who were there and the officers of Richard's household also recognized his right, on his taking the oath which they demanded, that he would execute his brother's will, and that he would preserve inviolate the rightful customs of former times and the just laws of lands and people. From Chinon John set out for Normandy, but barely escaped capture on the way, for Arthur's party had not been idle in the meantime. His mother with a force from Britanny had brought him with all speed to Angers, where he was joyfully received. William des Roches, the greatest baron of the country and Richard's seneschal of Anjou, had declared for him at the head of a powerful body of barons, who probably saw in a weak minority a better chance of establishing that local freedom from control for which they had always striven than under another Angevin king. At Le Mans Arthur was also accepted with enthusiasm as count a few hours after a cold reception of John and his hasty departure.
There Constance and her son were met by the king of France, who, as soon as God had favoured him by the removal of Richard,—so the French regarded the matter,—seized the county of Evreux and pushed his conquests almost to Le Mans. Arthur did homage to Philip for the counties of Anjou, Maine, and Touraine; Tours received the young count as Angers and Le Mans had done; Philip's right of feudal wardship was admitted, and Arthur was taken to Paris under his secure protection, secure for his own designs and against those of John. Philip could hardly do otherwise than recognize the rights of Arthur. It was perhaps the most favourable opportunity that had ever occurred to accomplish the traditional policy of the Capetians of splitting apart the dominions of the rival Norman or Angevin house. That policy, so long and so consistently followed by Philip almost from his accession to the death of Arthur, in the support in turn of young Henry, Richard, John, and Arthur against the reigning king, was destined indeed never to be realized in the form in which it had been cherished in the past; but the devotion of a part of the Angevin empire to the cause of Arthur was a factor of no small value in the vastly greater success which Philip won, greater than any earlier king had ever dreamed of, greater than Philip himself had dared to hope for till the moment of its accomplishment.
From Le Mans John went direct to Rouen. The barons of Normandy had decided to support him, and on April 25 he was invested with the insignia of the duchy by the archbishop, Walter of Coutances, taking the usual oath to respect the rights of Church and people. His careless and irreverent conduct during the ceremony displeased the clergy, as his refusal to receive the communion on Easter day, a week before, had offended Bishop Hugh of Lincoln, who came a part of the way with him from Chinon. As the lance, the special symbol of investiture, was placed in his hand, he turned to make some jocular remark to his boon companions who were laughing and chattering behind him, and carelessly let it fall, an incident doubtless considered at the time of evil omen, and easily interpreted after the event as a presage of the loss of the duchy. From Normandy John sent over to England to assist the justiciar, Geoffrey Fitz Peter, in taking measures to secure his succession, two of the most influential men of the land, William Marshal and Hubert Walter, Archbishop of Canterbury, who had been in Normandy since the death of Richard, while he himself remained a month longer on the continent, to check, if possible, the current in favour of Arthur. He took Le Mans and destroyed its walls in punishment, and sent a force to aid his mother in Aquitaine; but the threatening attitude of Philip made it impossible for him to accomplish very much. No slight influence on the side of John was the strong support and vigorous action in his favour of that remarkable woman, Eleanor of Aquitaine, then about eighty years of age. She seems never to have cared for her grandson Arthur, and for this his mother was probably responsible. Constance appears to have been a somewhat difficult person, and what was doubtless still more important, she had never identified herself with the interests of her husband's house, but had always remained in full sympathy with the separatist tendencies and independent desires of her own Britanny.[63] She had no right to count on any help from Eleanor in carrying out her ambitions, and Aquitaine was held as securely for John by his mother as Normandy was by the decision of its leading barons.
In England, although no movement in favour of Arthur is perceptible, there was some fear of civil strife, perhaps only of that disorder which was apt to break out on the death of the king, as it did indeed in this case, and many castles were put in order for defence. What disorder there was soon put down by the representatives of the king, whom John had appointed, and who took the fealty of the barons and towns to him. On the part of a considerable number of the barons—the names that are recorded are those of old historic families, Beaumont, Ferrers, Mowbray, De Lacy, the Earls of Clare and Chester—there was found to be opposition to taking the oath of fealty on the ground of injustice committed by the administration. Whether these complaints were personal to each baron, as the language has been taken to mean, or complaints of injustice in individual cases wrought by the general policy of the government, as the number of cases implies, it is hardly possible to say. The probability is that both explanations are true. Certainly the old baronage could easily find grounds enough of complaint in the constitutional policy steadily followed by the government of the first two Angevin kings. The crisis was wisely handled by the three able men whom John had appointed to represent him. They called an assembly of the doubtful barons at Northampton and gave to each one a promise that he should have his right (jus suum). In return for these promises the oaths were taken, but the incident was as ominous of another kind of trouble as the dropping of the lance at Rouen. We can hardly understand the reign of John unless we remember that at its very beginning men were learning to watch the legality of the king's actions and to demand that he respect the limitations which the law placed on his arbitrary will.
On May 25, John landed in England, and on the 27th, Ascension day, he was crowned in Westminster by the Archbishop of Canterbury before a large assembly of barons and bishops. The coronation followed the regular order, and no dissenting voice made itself heard, though a rather unusual display of force seems to have been thought necessary. Two authorities, both years later and both untrustworthy, refer to a speech delivered during the ceremony by the archbishop, in which he emphasized the fact that the English crown was elective and not hereditary. Did not these authorities seem to be clearly independent of one another we should forthwith reject their testimony, but as it is we must admit some slight chance that such a speech was made. One of these accounts, in giving what purports to be the actual speech of Hubert Walter, though it must have been composed by the writer himself, states a reason for it which could not possibly have been entertained at the time.[64] The other gives as its reason the disputed succession, but makes the archbishop refer not to the right of Arthur, but to that of the queen of Castile, a reference which must also be untrue.[65] If such a speech was made, it had reference unquestionably to the case of Arthur, and it must be taken as a sign of the influence which this case certainly had on the development, in the minds of some at least, of something more like the modern understanding of the meaning of election, and as a prelude to the great movement which characterizes the thirteenth century, the rapid growth of ideas which may now without too great violence be called constitutional. If such a speech was made we may be sure also that it was not made without the consent of John, and that it contained nothing displeasing to him. One of his first acts as king was to make Hubert Walter his chancellor, and apparently the first document issued by the new king and chancellor puts prominently forward John's hereditary right, and states the share of clergy and people in his accession in peculiar and vague language.[66]
John had no mind to remain long in England, nor was there any reason why he should. The king of Scotland was making some trouble, demanding the cession of Cumberland and Northumberland, but it was possible to postpone for the present the decision of his claims. William Marshal was at last formally invested with the earldom of Pembroke and Geoffrey Fitz Peter with that of Essex. More important was a scutage, probably ordered at this time, of the unusual rate of two marks on the knight's fee, twenty shillings having been the previous limit as men remembered it. By June 20 John's business in England was done, and by July 1 he was again at Rouen to watch the course of events in the conflict still undecided. On that day a truce was made with Philip to last until the middle of August, and John began negotiations with the Counts of Flanders and Boulogne and with his nephew, Otto IV of Germany, in a search for allies, from whom he gained only promises. On the expiration of the truce Philip demanded the cession of the entire Vexin and the transfer to Arthur of Poitou, Anjou, Maine, and Touraine,—a demand which indicates his determination to go on with the war. For Poitou Philip had already received Eleanor's homage, and she in turn invested John with it as her vassal. In the beginning of the war which was now renewed Philip committed a serious error of policy, to which he was perhaps tempted by the steady drift of events in his favour since the death of Richard. Capturing the castle of Ballon in Maine he razed it to the ground. William des Roches, the leader of Arthur's cause, at once objected since the castle should belong to his lord, and protested to the king that this was contrary to their agreement, but Philip haughtily replied that he should do as he pleased with his conquests in spite of Arthur. This was too early a declaration of intentions, and William immediately made terms with John, carrying over to him Arthur and his mother and the city of Le Mans. A slight study of John's character ought to have shown to William that no dependence whatever could be placed on his promise in regard to a point which would seem to them both of the greatest importance. William took the risk, however, binding John by solemn oath that Arthur should be dealt with according to his counsel, a promise which was drawn up in formal charter. On the very day of his arrival, it is said, Arthur was told of John's intention to imprison him, and he fled away with his mother to Angers; but William des Roches remained for a time in John's service.
The year 1199 closed with a truce preliminary to a treaty of peace which was finally concluded on May 18. Philip II was at the moment in no condition to push the war. He was engaged in a desperate struggle with Innocent III and needed to postpone for the time being every other conflict. Earlier in his reign on a political question he had defied a pope, and with success; but Innocent III was a different pope, and on the present question Philip was wrong. In 1193 he had repudiated his second wife, Ingeborg of Denmark, the day after the marriage, and later married Agnes of Meran whom he had hitherto refused to give up at the demand of the Church. At the close of 1199 France was placed under an interdict until the king should yield, and it was in this situation that the treaty with John was agreed to. Philip for the moment abandoned his attempt against the Angevin empire. John was recognized as rightful heir of the French fiefs, and his homage was accepted for them all, including Britanny, for which Arthur then did homage to John. These concessions were not secured, however, without some sacrifices on the English side. John yielded to Philip all the conquests which had been made from Richard, and agreed to pay a relief of 20,000 marks for admission to his fiefs. The peace was to be sealed by the marriage of John's niece, the future great queen and regent of France, Blanche of Castile, to Philip's son Louis, and the county of Evreux was to be ceded as her dower. The aged but tireless Eleanor went to Spain to bring her granddaughter, and the marriage was celebrated four days after the signing of the treaty, Louis at the time being thirteen years old and Blanche twelve.
While his mother went to Spain for the young bride, John crossed to England to raise money for his relief. This was done by ordering a carucage at the rate of three shillings on the ploughland. The Cistercian order objected to paying the tax because of the general immunity which they enjoyed, and John in great anger commanded all the sheriffs to refuse them the protection of the courts and to let go free of punishment any who injured them, in effect to put them outside the law. This decree he afterwards modified at the request of Hubert Walter, but he refused an offer of a thousand marks for a confirmation of their charters and liberties, and returned to Normandy in the words quoted by the chronicler, "breathing out threatenings and slaughter against the servants of Christ."
John was now in a position where he should have used every effort to strengthen himself against the next move of Philip, which he should have known was inevitable, and where, if ever, he might hope to do so. Instead of that, by a blunder in morals, in which John's greatest weakness lay, by an act of passion and perfidy, he gave his antagonist a better excuse than he could have hoped for when he was at last ready to renew the war. John had now been for more than ten years married to Isabel of Gloucester, and no children had been born of the marriage. In the situation of the Angevin house he may well have wished for a direct heir and have been ready to adopt the expedient common to sovereigns in such cases. At any rate about this time he procured from the Bishops of Normandy and Aquitaine a divorce, a formal annulling of the marriage on the ground of consanguinity, the question raised at the time of their marriage never, it would seem, having been settled by dispensation. Then he sent off an embassy to ask for a daughter of the king of Portugal. In the meantime he went on a progress through the French lands which had been secured to him by treaty with Philip, and met the beautiful Isabel, daughter of the Count of Angoulème, then twelve years of age, and determined to marry her out of hand. The fact that she was already betrothed to Hugh "the Brown," son and heir of his own vassal the Count of La Marche, and that she was then living in the household of her intended father-in-law, made no more difference to him than his own embassy to Portugal. It seems possible indeed that it was in the very castle of the Count of La Marche that the plan was formed. Isabel's father also did not hesitate in the choice of sons-in-law, and his daughter having been brought home, she was at once married to John. An act of this kind was a most flagrant violation of the feudal contract, nor was the moral blunder saved from being a political one by the fact that the injured house was that of the Lusignans, great barons and long turbulent and unruly vassals of Aquitaine. John had given them now a legal right of appeal to his suzerain and a moral justification of rebellion.
After his marriage John went back to England for the coronation of his queen, which took place on October 8. At Lincoln he received the homage of William of Scotland and made peace with the Cistercians, and then went on a progress through the north as far as Carlisle. In the meantime, as was to be expected, hostilities had begun with the family of the Count of La Marche, and the king sent out a summons to the barons of England to meet him at Portsmouth at Whitsuntide prepared for service abroad. On receipt of this notice the earls held a meeting at Leicester and by agreement replied to the king that they would not go over sea with him unless he restored to them their rights. There is no evidence in the single account we have of this incident that the earls intended to deny their liability to service abroad. It is probable they intended to take their position on the more secure principle that services due to the suzerain who violated the rights of his vassal were for the time being, at least, suspended. If this is so, the declaration of the earls is the first clear evidence we have that the barons of England were beginning to realize their legal right of resistance and to get sight of the great principle which was so soon to give birth to the constitution. The result of the opposition to John's summons we do not know, unless the statement which follows in the chronicle that the king was demanding the castles of the barons, and taking hostages if they retained them, was his answer to their demand. At any rate they appeared as required at Portsmouth ready for the campaign abroad, but John, instead of sending them over to France, took away the money which they had brought to spend in his service, and let them go home.