Treaty of Wallingford
The natural influence which the Primate would have exerted was long held in suspense by the superior position of Bishop Henry of Winchester as Papal Legate; but this office ceased with the Pope who granted it, and when in 1150 it was transferred to the Archbishop himself Theobald soon made his weight felt. The long disorder of the realm was producing its natural reaction in exhaustion and disgust, as well as in a general craving for return to the line of hereditary succession whose breaking seemed the cause of the nation's woes. But the growth of their son Henry to manhood set naturally aside the pretensions both of Count Geoffry and Matilda. Young as he was Henry already showed the cool long-sighted temper which was to be his characteristic on the throne. Foiled in an early attempt to grasp the crown, he looked quietly on at the disorder which was doing his work till the death of his father at the close of 1151 left him master of Normandy and Anjou. In the spring of the following year his marriage with its duchess, Eleanor of Poitou, added Aquitaine to his dominions. Stephen saw the gathering storm, and strove to meet it. He called on the bishops and baronage to secure the succession of his son Eustace by consenting to his association with him in the kingdom. But the moment was now come for Theobald to play his part. He was already negotiating through Thomas of London with Henry and the Pope; he met Stephen's plans by a refusal to swear fealty to his son, and the bishops, in spite of Stephen's threats, went with their head. The blow was soon followed by a harder one. Thomas, as Theobald's agent, invited Henry to appear in England, and though the Duke disappointed his supporters' hopes by the scanty number of men he brought with him in 1153, his weakness proved in the end a source of strength. It was not to foreigners, men said, that Henry owed his success but to the arms of Englishmen. An English army gathered round him, and as the hosts of Stephen and the Duke drew together a battle seemed near which would decide the fate of the realm. But Theobald who was now firmly supported by the greater barons again interfered and forced the rivals to an agreement. To the excited partizans of the house of Anjou it seemed as if the nobles were simply playing their own game in the proposed settlement and striving to preserve their power by a balance of masters. The suspicion was probably groundless, but all fear vanished with the death of Eustace, who rode off from his father's camp, maddened with the ruin of his hopes, to die in August, smitten, as men believed, by the hand of God for his plunder of abbeys. The ground was now clear, and in November the Treaty of Wallingford abolished the evils of the long anarchy. The castles were to be razed, the crown lands resumed, the foreign mercenaries banished from the country, and sheriffs appointed to restore order. Stephen was recognized as king, and in turn recognized Henry as his heir. The duke received at Oxford the fealty of the barons, and passed into Normandy in the spring of 1154. The work of reformation had already begun. Stephen resented indeed the pressure which Henry put on him to enforce the destruction of the castles built during the anarchy; but Stephen's resistance was but the pettish outbreak of a ruined man. He was in fact fast drawing to the grave; and on his death in October 1154 Henry returned to take the crown without a blow.
Henry Fitz-Empress
Young as he was, and he had reached but his twenty-first year when he returned to England as its king, Henry mounted the throne with a purpose of government which his reign carried steadily out. His practical, serviceable frame suited the hardest worker of his time. There was something in his build and look, in the square stout form, the fiery face, the close-cropped hair, the prominent eyes, the bull neck, the coarse strong hands, the bowed legs, that marked out the keen, stirring, coarse-fibred man of business. "He never sits down," said one who observed him closely; "he is always on his legs from morning till night." Orderly in business, careless of appearance, sparing in diet, never resting or giving his servants rest, chatty, inquisitive, endowed with a singular charm of address and strength of memory, obstinate in love or hatred, a fair scholar, a great hunter, his general air that of a rough, passionate, busy man, Henry's personal character told directly on the character of his reign. His accession marks the period of amalgamation when neighbourhood and traffic and intermarriage drew Englishmen and Normans into a single people. A national feeling was thus springing up before which the barriers of the older feudalism were to be swept away. Henry had even less reverence for the feudal past than the men of his day: he was indeed utterly without the imagination and reverence which enable men to sympathize with any past at all. He had a practical man's impatience of the obstacles thrown in the way of his reforms by the older constitution of the realm, nor could he understand other men's reluctance to purchase undoubted improvements by the sacrifice of customs and traditions of bygone days. Without any theoretical hostility to the co-ordinate powers of the state, it seemed to him a perfectly reasonable and natural course to trample either baronage or Church under foot to gain his end of good government. He saw clearly that the remedy for such anarchy as England had endured under Stephen lay in the establishment of a kingly rule unembarrassed by any privileges of order or class, administered by royal servants, and in whose public administration the nobles acted simply as delegates of the sovereign. His work was to lie in the organization of judicial and administrative reforms which realized this idea. But of the currents of thought and feeling which were tending in the same direction he knew nothing. What he did for the moral and social impulses which were telling on men about him was simply to let them alone. Religion grew more and more identified with patriotism under the eyes of a king who whispered, and scribbled, and looked at picture-books during mass, who never confessed, and cursed God in wild frenzies of blasphemy. Great peoples formed themselves on both sides of the sea round a sovereign who bent the whole force of his mind to hold together an Empire which the growth of nationality must inevitably destroy. There is throughout a tragic grandeur in the irony of Henry's position, that of a Sforza of the fifteenth century set in the midst of the twelfth, building up by patience and policy and craft a dominion alien to the deepest sympathies of his age and fated to be swept away in the end by popular forces to whose existence his very cleverness and activity blinded him. But whether by the anti-national temper of his general system or by the administrative reforms of his English rule his policy did more than that of all his predecessors to prepare England for the unity and freedom which the fall of his house was to reveal.
The Great Scutage
He had been placed on the throne, as we have seen, by the Church. His first work was to repair the evils which England had endured till his accession by the restoration of the system of Henry the First; and it was with the aid and counsel of Theobald that the foreign marauders were driven from the realm, the new castles demolished in spite of the opposition of the baronage, the King's Court and Exchequer restored. Age and infirmity however warned the Primate to retire from the post of minister, and his power fell into the younger and more vigorous hands of Thomas Beket, who had long acted as his confidential adviser and was now made Chancellor. Thomas won the personal favour of the king. The two young men had, in Theobald's words, "but one heart and mind"; Henry jested in the Chancellor's hall, or tore his cloak from his shoulders in rough horse-play as they rode through the streets. He loaded his favourite with riches and honours, but there is no ground for thinking that Thomas in any degree influenced his system of rule. Henry's policy seems for good or evil to have been throughout his own. His work of reorganization went steadily on amidst troubles at home and abroad. Welsh outbreaks forced him in 1157 to lead an army over the border; and a crushing repulse showed that he was less skilful as a general than as a statesman. The next year saw him drawn across the Channel, where he was already master of a third of the present France. Anjou, Maine, and Touraine he had inherited from his father, Normandy from his mother, he governed Britanny through his brother, while the seven provinces of the South, Poitou, Saintonge, La Marche, Périgord, the Limousin, the Angoumois, and Gascony, belonged to his wife. As Duchess of Aquitaine Eleanor had claims on Toulouse, and these Henry prepared in 1159 to enforce by arms. But the campaign was turned to the profit of his reforms. He had already begun the work of bringing the baronage within the grasp of the law by sending judges from the Exchequer year after year to exact the royal dues and administer the king's justice even in castle and manor. He now attacked its military influence. Each man who held lands of a certain value was bound to furnish a knight for his lord's service; and the barons thus held a body of trained soldiers at their disposal. When Henry called his chief lords to serve in the war of Toulouse, he allowed the lower tenants to commute their service for sums payable to the royal treasury under the name of "scutage," or shield-money. The "Great Scutage" did much to disarm the baronage, while it enabled the king to hire foreign mercenaries for his service abroad. Again however he was luckless in war. King Lewis of France threw himself into Toulouse. Conscious of the ill-compacted nature of his wide dominion, Henry shrank from an open contest with his suzerain; he withdrew his forces, and the quarrel ended in 1160 by a formal alliance and the betrothal of his eldest son to the daughter of Lewis.
Archbishop Thomas
Henry returned to his English realm to regulate the relations of the State with the Church. These rested in the main on the system established by the Conqueror, and with that system Henry had no wish to meddle. But he was resolute that, baron or priest, all should be equal before the law; and he had no more mercy for clerical than for feudal immunities. The immunities of the clergy indeed were becoming a hindrance to public justice. The clerical order in the Middle Ages extended far beyond the priesthood; it included in Henry's day the whole of the professional and educated classes. It was subject to the jurisdiction of the Church courts alone; but bodily punishment could only be inflicted by officers of the lay courts, and so great had the jealousy between clergy and laity become that the bishops no longer sought civil aid but restricted themselves to the purely spiritual punishments of penance and deprivation of orders. Such penalties formed no effectual check upon crime, and while preserving the Church courts the king aimed at the delivery of convicted offenders to secular punishment. For the carrying out of these designs he sought an agent in Thomas the Chancellor. Thomas had now been his minister for eight years, and had fought bravely in the war against Toulouse at the head of the seven hundred knights who formed his household. But the king had other work for him than war. On Theobald's death he forced on the monks of Canterbury his election as Archbishop. But from the moment of his appointment in 1162 the dramatic temper of the new Primate flung its whole energy into the part he set himself to play. At the first intimation of Henry's purpose he pointed with a laugh to his gay court attire: "You are choosing a fine dress," he said, "to figure at the head of your Canterbury monks"; once monk and Archbishop he passed with a fevered earnestness from luxury to asceticism; and a visit to the Council of Tours in 1163, where the highest doctrines of ecclesiastical authority were sanctioned by Pope Alexander the Third, strengthened his purpose of struggling for the privileges of the Church. His change of attitude encouraged his old rivals at court to vex him with petty lawsuits, but no breach had come with the king till Henry proposed that clerical convicts should be punished by the civil power. Thomas refused; he would only consent that a clerk, once degraded, should for after offences suffer like a layman. Both parties appealed to the "customs" of the realm; and it was to state these "customs" that a court was held in 1164 at Clarendon near Salisbury.