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1100.

without necessity, the hereditary succession, and permit
a younger brother to intrude himself into the place of the
elder, whom they esteemed, and who was guilty of no
crime but being absent, could not expect that that prince
would pay any greater regard to their privileges, or allow
his engagements to fetter his power, and debar him from
any considerable interest or convenience. They had in-
deed arms in their hands, which prevented the establish-
ment of a total despotism, and left their posterity sufficient
power, whenever they should attain a sufficient degree of
reason, to assume true liberty: but their turbulent dis-
position frequently prompted them to make such use of
their arms, that they were more fitted to obstruct the
execution of justice, than to stop the career of violence
and oppression. The prince, finding that greater oppo-
sition was often made to him when he enforced the laws
than when he violated them, was apt to render his own
will and pleasure the sole rule of government; and on
every emergence to consider more the power of the per-
sons whom he might offend, than the rights of those
whom he might injure. The very form of this charter of
Henry proves, that the Norman barons (for they, rather
than the people of England, are chiefly concerned in it)
were totally ignorant of the nature of limited monarchy,
and were ill qualified to conduct, in conjunction with their
sovereign, the machine of government. It is an act of his
sole power, is the result of his free grace, contains some
articles which bind others as well as himself, and is there-
fore unfit to be the deed of
any one who possesses not the
whole legislative power, and who may not at pleasure re-
voke all his concessions.

Henry, farther to increase his popularity, degraded and committed to prison Ralph Flambard, bishop of Durham, who had been the chief instrument of oppression under his brother. But this act was followed by another, which was a direct violation of his own charter, and was a bad prognostic of his sincere intentions to observe it:

k Chron. Sax. p. 208. W. Malms. p. 156. M. Paris, p. 39. Alured. Beverl. P. 144.

he kept the see of Durham vacant for five years, and during that time retained possession of all its revenues. Sensible of the great authority which Anselm had acquired by his character of piety, and by the persecutions which he had undergone from William, he sent repeated messages to him at Lyons, where he resided, and invited him to return and take possession of his dignities'. On the arrival of the prelate, he proposed to him the renewal of that homage which he had done his brother, and which had never been refused by any English bishop: but Anselm had acquired other sentiments by his journey to Rome, and gave the king an absolute refusal. He objected the decrees of the council of Bari, at which he himself had assisted; and he declared, that, so far from doing homage for his spiritual dignity, he would not so much as communicate with any ecclesiastic who paid that submission, or who accepted of investitures from laymen. Henry, who expected, in his present delicate situation, to reap great advantages from the authority and popularity of Anselm, durst not insist on his demand: he only desired that the controversy might be suspended, and that messengers might be sent to Rome, in order to accommodate matters with the pope, and obtain his confirmation of the laws and customs of England.

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the king.

There immediately occurred an important affair, in Marriage of which the king was obliged to have recourse to the authority of Anselm. Matilda, daughter of Malcolm the third, king of Scotland, and niece to Edgar Atheling, had, on her father's death, and the subsequent revolutions in the Scottish government, been brought to England, and educated under her aunt Christina, in the nunnery of Rumsey. This princess Henry purposed to marry; but as she had worn the veil, though never taken the vows, doubts might arise concerning the lawfulness of the act; and it behoved him to be very careful not to shock, in any particular, the religious prejudices of his subjects. The affair was examined by Anselm, in a council of the prelates

1 Chron. Sax. p. 208. Order. Vitalis, p. 783. M. Paris, p. 39. T. Rudborne, p. 273. m W. Malms. p. 225.

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Invasion by duke Ro

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and nobles, which was summoned at Lambeth: Matilda there proved, that she had put on the veil, not with a view of entering into a religious life, but merely in consequence of a custom familiar to the English ladies, who protected their chastity from the brutal violence of the Normans, by taking shelter under that habit", which, amidst the horrible licentiousness of the times, was yet generally revered. The council, sensible that even a princess had otherwise no security for her honour, admitted this reason as valid: they pronounced, that Matilda was still free to marry°; and her espousals with Henry were celebrated by Anselm with great pomp and solemnity. No act of the king's reign rendered him equally popular with his English subjects, and tended more to establish him on the throne. Though Matilda, during the life of her uncle and brothers, was not heir of the Saxon line, she was become very dear to the English on account of her connexions with it: and that people, who, before the conquest, had fallen into a kind of indifference towards their ancient royal family, had felt so severely the tyranny of the Normans, that they reflected with extreme regret on their former liberty, and hoped for a more equal and mild administration, when the blood of their native princes should be mingled with that of their new sovereigns 9.

But the policy and prudence of Henry, which, if time had been allowed for these virtues to produce their full effect, would have secured him possession of the crown, ran great hazard of being frustrated by the sudden appearance of Robert, who returned to Normandy about a month after the death of his brother William. He took possession, without opposition, of that duchy; and immediately made preparations for recovering England, of which, during his absence, he had, by Henry's intrigues, been so unjustly defrauded. The great fame which he had acquired in the east forwarded his pretensions; and the Norman barons, sensible of the consequences, expressed the same discontent at the separation of the Eadmer, p. 57. o Ibid. P. Hoveden, p. 468. 9 M. Paris, p. 40.

D

duchy and kingdom, which had appeared on the accession of William. Robert de Belesme, earl of Shrewsbury and Arundel, William de Warrenne, earl of Surrey, Arnulf de Montgomery, Walter Giffard, Robert de Pontefract, Robert de Mallet, Yvo de Grentmesnil, and many others of the principal nobility', invited Robert to make an attempt upon England, and promised on his landing to join him with all their forces. Even the seamen were affected with the general popularity of his name, and they carried over to him the greater part of a fleet which had been equipped to oppose his passage. Henry, in this extremity, began to be apprehensive for his life, as well as for his crown; and had recourse to the superstition of the people, in order to oppose their sentiment of justice. He paid diligent court to Anselm, whose sanctity and wisdom he pretended to revere. He consulted him in all difficult emergencies; seemed to be governed by him in every measure; promised a strict regard to ecclesiastical privileges; professed a great attachment to Rome, and a resolution of persevering in an implicit obedience to the decrees of councils, and to the will of the sovereign pontiff. By these caresses and declarations he entirely gained the confidence of the primate, whose influence over the people, and authority with the barons, were of the utmost service to him in his present situation. Anselm scrupled not to assure the nobles of the king's sincerity in those professions which he made, of avoiding the tyrannical and oppressive government of his father and brother: he even rode through the ranks of the army, recommended to the soldiers the defence of their prince, represented the duty of keeping their oaths of allegiance, and prognosticated to them the greatest happiness from the government of so wise and just a sovereign. By this expedient, joined to the influence of the earls of Warwick and Mellent, of Roger Bigod, Richard de Redvers, and Robert Fitz-Hamon, powerful barons, who still adhered to the present government, the army was retained in the king's interests, and marched, with Order. Vitalis, p. 785.

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Accommodation with Robert.

1102.

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seeming union and firmness, to oppose Robert, who had landed with his forces at Portsmouth.

The two armies lay in sight of each other for some days without coming to action; and both princes, being apprehensive of the event, which would probably be decisive, hearkened the more willingly to the counsels of Anselm and the other great men, who mediated an accommodation between them. After employing some negotiation, it was agreed, that Robert should resign his pretensions to England, and receive, in lieu of them, an annual pension of three thousand marks; that, if either of the princes died without issue, the other should succeed to his dominions; that the adherents of each should be pardoned, and restored to all their possessions either in Normandy or England; and that neither Robert nor Henry should thenceforth encourage, receive, or protect the enemies of the other 3.

This treaty, though calculated so much for Henry's advantage, he was the first to violate. He restored indeed the estates of all Robert's adherents; but was secretly determined, that noblemen so powerful and so ill affected, who had both inclination and ability to disturb his government, should not long remain unmolested in their present opulence and grandeur. He began with the earl of Shrewsbury, who was watched for some time by spies, and then indicted on a charge, consisting of forty-five articles. This turbulent nobleman, knowing his own guilt, as well as the prejudices of his judges and the power of his prosecutor, had recourse to arms for defence; but being soon suppressed by the activity and address of Henry, he was banished the kingdom, and his great estate was confiscated. His ruin involved that of his two brothers, Arnulf de Montgomery, and Roger, earl of Lancaster. Soon after followed the prosecution and condemnation of Robert de Pontefract and Robert de Mallet, who had distinguished themselves among Robert's adherents. William de Warrenne was the next victim: even William, earl of Cornwall, son of the earl of s Chron. Sax. p. 209. W. Malms. p. 156.

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