William the Conqueror

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nly gradually, and not in favour of French. Ever since the coming of Augustine, English and Latin had been alternative tongues; after the coming of William English becomes less usual, and in the course of the twelfth century it goes out of use in favour of Latin. There are no French documents till the thirteenth century, and in that century English begins again. Instead of abolishing the English tongue, William took care that his English-born son should learn it, and he even began to learn it himself. A king of those days held it for his duty to hear and redress his subjects' complaints; he had to go through the land and see for himself that those who acted in his name did right among his people. This earlier kings had done; this William wished to do; but he found his ignorance of English a hindrance. Cares of other kinds checked his English studies, but he may have learned enough to understand the meaning of his own English charters. Nor did William try, as he is often imagined to have done, to root out the ancient institutions of England, and to set up in their stead either the existing institutions of Normandy or some new institutions of his own devising. The truth is that with William began a gradual change in the laws and customs of England, undoubtedly great, but far less than is commonly thought. French names have often supplanted English, and have made the amount of change seem greater than it really was. Still much change did follow on the Norman Conquest, and the Norman Conquest was so completely William's own act that all that came of it was in some sort his act also. But these changes were mainly the gradual results of the state of things which followed William's coming; they were but very slightly the results of any formal acts of his. With a foreign king and foreigners in all high places, much practical change could not fail to follow, even where the letter of the law was unchanged. Still the practical change was less than if the letter of the law had been chan

sible, in any rank but the highest and the lowest, to distinguish Norman from Englishman. Among the smaller landowners and the townsfolk this intermingling had already begun, while earls and bishops were not yet so exclusively Norman, nor had the free churls of England as yet sunk so low as at a later stage. Still some legislation was needed to settle the relations of the two races. King William proclaimed the "renewal of the law of King Edward." This phrase has often been misunderstood; it is a common form when peace and good order are restored after a period of disturbance. The last reign which is looked back to as to a time of good government becomes the standard of good

gs, which gradually did their work. In England no man has pulled down; many have added and modified. Our law is still the law of King Edward with the additions of King William. Some old institutions took new names; some new institutions with new names sprang up by the side of old ones. Sometimes the old has lasted, sometimes the new. We still have a king and not a roy; but he gathers round him a parliament and not a vitenagemót. We have a sheriff and not a viscount; but his district is more commonly called a county than a shire. But county a

lord and, failing him, the hundred, must make payment to the King. Of this grew the presentment of Englishry, one of the few formal badges of distinction between the conquering and the conquered race. Its practical need could not have lasted beyond a generation or two, but it went on as a form ages after it had lost all meaning. An unknown corpse, unless it could be proved that the dead man was English, was assumed to be that of a man who had come with King William, and the fine was levied. Some other enactments were needed when two nations lived side by side in the same land. As in earlier times, Roman and barbarian each kept his own law, so now for some purposes the Frenchman-"Francigena"-and the Englishman kept their own law. This is chiefly with regard to the modes of appealing to God's judgement in doubtful cases. The English did this by ordeal, the Normans by wager of battle. When a man of one nation appealed a man of the other, the accused chose the mode of trial. If

eyes or other foul and cruel mutilations. Punishments of this kind now seem more revolting than death, though possibly, now as then, the sufferer himself might think otherwise. But in those days to substitute mutilation for death, in the case of crimes which were held to deserve death, was universally deemed an act of mercy. Grave men shrank from sending their fellow-creatures out of the world, perhaps without time for repentance; but physical sympathy with physical suffering had little place in their minds. In the next century a feeling against bodily mutilation gradually comes in; but as yet the mildest and most thoughtful men, Anselm himself, make no protest against it when it is b

till dreamed that the King could "live of his own," that he could pay all expenses of his court and government out of the rents and services due to him as a landowner, without asking his people for anything in the character of sovereign. Demands of money on behalf of the King now became both heavier and more frequent. And another change which had long been gradually working now came to a head. When, centuries later, the King was bidden to "live of his own," men had forgotten that the land of the King had once been the land of the nation. In all Teutonic communities, great and small, just as in the city communities of Greece and Italy, the community itself was a chief landowner. The nation had its folkland, its ager publicus, the property of no one man but of the whole state. Out of this, by the common consent, portions might be cut off and booked-granted by a written document-to particular men as their own bookland. The King might have his private estate, to be dealt with at his own pleasure, but of the

eudal incidents, the claims of marriage, wardship, and the like, on the part of the lord, the ancient heriot developed into the later relief, all these things were in the germ under William, as they had been in the germ long before him. In the hands of Randolf Flambard they stiffen into established custom; their legal acknowledgement comes from the charter of Henry the First which promises to refo

be refused. No such offer should be heard of again. There should be no such division as had been between Cnut and Edmund, between Harthacnut and the first Harold, such as Edwin and Morkere had dreamed of in later times. Nor should the kingdom be split asunder in that subtler way which William of all men best understood, the way in which the Frankish kingdoms, East and West, had split asunder. He would have no dukes or earls who might become kings in all but name, each in his own duchy or earldom. No man in his realm should be to him as he was to his overlord at Paris. No man in his realm should plead duty towards an immediate lord as an excuse for breach of duty towards the lord of that immediate lord. Hence William's policy with regard to earldoms. There was to be nothing like the great governments which had been held by Godwine, Leofric, and Siward; an Earl of the West-Saxons or the Northumbrians was too like a Duke of the Normans to be endured by one who was Duke of the Normans himself. The earl, even of the king's appointment, still represented the separate being of the district over which he was set. He was the king's representative rather than merely his officer; if he was a magistrate and not a prince, he often sat in the seat of former princes, and might easily grow into a prince. And at last, at the very end of his reign, as the finishing of his work, he took the final step that made England for ever one. In 1086 every landowner in England swore to be faithful to King William within and without England and to defend him against his enemies. The subject's duty to the King was to any duty which the vassal might owe to any inferior lord. When the King was the embodiment of national unity and orderl

Papal authority therefore was weaker in England than elsewhere, and a less careful line was drawn between spiritual and temporal things and jurisdictions. Two friendly powers could take liberties with each other. The national assemblies dealt with ecclesiastical as well as with temporal matters; one indeed among our ancient laws blames any assembly that did otherwise. Bishop and earl sat together in the local Gemót, to deal with many matters which, according to continental ideas, should have been dealt with in separate courts. And, by what in continental eyes seemed a strange laxity of discipline, priests, bishops, members of capitular bodies, were often married. The English diocesan arrangements were unlike continental models. In Gaul, by a tradition of Roman date, the bishop was bishop of the city. His diocese was marked by the extent of the civil jurisdiction of the city. His home, his head church, his bishopstool in the head church, were all in the city. In Teutonic England the bishop was commonly bishop, not of a city but of a tribe or district; his style was that of a tribe; his home, his head church, his bishopstool, might be anywhere within the territory of that tribe. S

over, William began to give his mind to ecclesiastical matters. It might look like sacrilege when he caused all the monasteries of England to be harried. But no harm was done to the monks or to their possessions. The holy houses were searched for the hoards which the

deliver his city. The primacy of Canterbury was to be made vacant by the deposition of Stigand. His canonical position had always been doubtful; neither Harold nor William had been crowned by him; yet William had treated him hitherto with marked courtesy, and he had consecrated at least one Norman bishop, Remigius of Dorchester. He was now deprived both of the archbishopric and of the bishopric of Winchester which he held with it, and was kept under restraint for the rest of his li

in Edward's day. At the time of William's death Wulfstan was the only Englishman who kept a bishopric. Even his deprivation had once been thought of. The story takes a legendary shape, but it throws an important light on the relations of Church and State in England. In an assembly held in the West Minster Wulfstan is called on by William and Lanfranc to give up his staff. He refuses; he will give it back to him who gave it, and places it on the tomb of his dead master Edward. No of his enemies can move it. The sentence is recalled, and the staff yields to his touch. Edward was not yet a canonized saint; the appeal is simply from the living and foreign king to the dead and native king. This legend, growing up when Western Europe was torn in pieces by the struggle about investitures, proves better than the most authentic documents how the right which Popes denied to Emperors was taken for granted in the case

the tribunitian office of former archbishops was lost in that of chief minister of the sovereign. In the first action of their joint rule, the interest of king and primate was the same. Lanfranc sought for a more distinct acknowledgement of the superiority of Canterbury over the rival metropolis of York. And this fell in with William's schemes for the consolidation of the kingdom. The political motive is avowed. Northumberland, which had been so hard to subdue and which still lay open to Danish

nods needed the royal assent-were steps towards that exemption of churchmen from the civil power which was asserted in one memorable saying towards the end of William's own reign. William could hold his own against Hildebrand himself; yet the increased intercourse with Rome, the more frequent presence of Roman Legates, all tended to increase the papal claims and the deference yielded to them. William refused homage to Gregory; but it is significant that Gregory asked for it. It was a step towards the day when a King of England was glad to offer it. The increased strictness as to the marriage of the clergy tended the same way. Lanfranc did not at once enforce the full rigour of Hildebrand's decrees. Marriage was forbidden for the future; the capitular clergy had to part from their wives; but

liam's bishops and abbots for rebuilding their churches on a greater scale and in the last devised continental style. All tended to make England less of another world. On the other hand, one insular peculiarity well served the purposes of the new primate. Monastic chapters in episcopal churches were almost unknown out of England. Lanfranc, himself a monk, favoured monks in this matter also. In several churches the secular canons

vide himself with a counsellor than whom for his immediate purposes none could be better. A man either of a higher or a lower moral level than Lanfranc, a saint like Anselm or one of the mere worldly bishops of the time, would not have done his work so well. William needed an ecclesiastical statesman, neither unscrupulous nor over-scrupulous, and he found him in the lawyer of Pavia, the doctor of Avranches, the monk of Bec, the abbot of Saint Stephen's. If Lanfranc sometimes unwittingly outwitted both his master and himself, if his policy served the purposes of Rome more than suited the purposes of either, that is the common course of human af