[Footnote 17: i.e. with a traitor or malcontent. [D.S.]
About the same time he performed two acts of justice, which, by gratifying the revenge and the love of the people, gained very much upon their affections to his person: the first was, to imprison Ralph Bishop of Durham,[18] who having been raised by the late king from a mean and sordid birth to be his prime confidant and minister, became the chief instrument, as well as contriver, of all his oppressions: the second was, in recalling and restoring Archbishop Anselm, who having been forced by the continual persecutions of the same prince, to leave England, had lived ever since in banishment, and deprived of all his revenues.
[Footnote 18: Le Neve says that Ralph Flambard, Bishop of Durham, was imprisoned in the Tower, September, 1100, but escaped in February of the following year, and fled to Normandy. ("Fasti," iii. 282-3). [W.S.J.]
The King had not been many months on his throne, when the news came that Duke Robert, returned from the Holy Land, was received by his subjects with great marks of joy and honour, and in universal reputation for his valour and success against the infidels: soon after which, Ralph Bishop of Durham, either by the negligence or corruption of his keepers, escaped out of prison, and fled over to the Duke; whom he stirred up to renew and solicit his pretensions to the crown of England, by writing to several nobles, who, either through old friendship, or new discontent, or an opinion of his title, gave him promises of their assistance, as soon as he should land in England: but the Duke having returned exceeding poor from the Holy Land, was not yet in a condition for such an undertaking, and therefore thought fit to defer it to a more seasonable opportunity.
As the King had hitherto, with great industry, sought all occasions to gratify his people, so he continued to do in the choice of a wife. This was Matilda, daughter of Malcolm the late King of Scots; a lady of great piety and virtue, who, by the power or persuasion of her friends, was prevailed with to leave her cloister for a crown, after she had, as some writers report, already taken the veil. Her mother was sister to Edgar Atheling, the last heir-male of the Saxon race; of whom frequent mention hath been made in the two preceding reigns: and thus the Saxon line, to the great contentment of the English nation, was again restored.
Duke Robert, having now with much difficulty and oppression of his subjects, raised great forces, and gotten ready a fleet to convey them, resolved once more to assert his title to the crown of England: to which end he had for some time held a secret correspondence with several nobles, and lately received fresh invitations. The King, on the other side, who had received timely intelligence of his brother's preparations, gave orders to his admirals to watch the sea-ports, and endeavour to hinder the enemy's landing: but the commanders of several ships, whether Robert had won them by his bribes, or his promises, instead of offering resistance, became his guides, and brought his fleet safe into Portsmouth, where he landed his men, and from thence marched to Winchester, his army hourly increasing by great numbers of people, who had either an affection for his person, an opinion of his title, or a hatred to the King. In the mean time Henry advanced with his forces, to be near the Duke, and observe his motions; but, like a wise general, forbore offering battle to an invader, until he might do it with manifest advantage. Besides, he knew very well that his brother was a person whose policy was much inferior to his valour, and therefore to be sooner overcome in a treaty than a fight: to this end, the nobles on both sides began to have frequent interviews; to make overtures; and at last concert the terms of a peace; but wholly to the advantage of the King, Robert renouncing his pretensions in consideration of a small pension, and of succeeding to the crown on default of male issue in his brother.
The defection of nobles and other people to the Duke was so great, that men generally thought if it had come to a battle, the King would have lost both the victory and his crown. But Robert, upon his return to Normandy after this dishonourable peace, grew out of all reputation with the world, as well as into perfect hatred and contempt among his own subjects, which in a short time was the cause of his ruin.
The King having thus by his prudence got rid of a dangerous and troublesome rival, and soon after by his valour quelled the insurrections of the Earls of Shrewsbury and Mortaigne, whom he forced to fly into Normandy, found himself in full peace at home and abroad, and therefore thought he might venture a contention with the Church about the right of investing bishops; upon which subject many other princes at that time had controversy with their clergy: but, after long struggling in vain, were all forced to yield at last to the decree of a synod in Rome, and to the pertinacy of the bishops in the several countries. The form of investing a bishop, was by delivery of a ring and a pastoral staff; which, at Rome, was declared unlawful to be performed by any lay hand whatsoever; but the princes of Christendom pleaded immemorial custom to authorize them: and King Henry, having given the investiture to certain bishops, commanded Anselm to consecrate them. This the archbishop refused with great firmness, pursuant to what he understood to be his duty, and to several immediate commands of the Pope. Both sides adhering to their own sentiments, the matter was carried to Rome, where Anselm went in person, by the King's desire; who, at the same time, sent ambassadors thither to assert and defend his cause; but the Pope still insisting, Anselm was forbidden to return to England. The King seized on all his revenues, and would not restore him, until upon other concessions of the Pope, Henry was content to yield up his pretensions to the investiture; but, however, kept the right of electing still in his own hands.
Whatever might have been the method of electing bishops, in the more primitive ages, it seems plain to me that in these times, and somewhat before, although the election was made per clerum et populum, yet the king always nominated at first, or approved afterwards, and generally both, as may be seen by the style in which their elections ran, as well as by the persons chosen, who were usually Churchmen of the court, or in some employment near the King. But whether this were a gradual encroachment of the regal upon the spiritual power, I had rather leave others to dispute.