and the thirty-fifth year of his reign; leaving by will his daughter Matilda heir of all his dominions, without making any mention of her husband, Geoffrey, who had given him several causes of displeasure.* * This prince was one of the most accomplished that has filled the English throne, and possessed all the great qualities both of body and mind, natural and acquired, which could fit him for the high station to which he attained. His person was manly, his countenance engaging, his eyes clear, serene, and penetrating. The affability of his address encouraged those who might be overawed by the sense of his dignity or of his wisdom; and though he often indulged his facetious humor, he knew how to temper it with discretion, and ever kept at a distance from all indecent familiarities with his courtiers. His superior eloquence and judgment would have given him an ascendant, even had he been born in a private station; and his personal bravery would have procured him respect, though it had been less supported by art and policy. By his great progress in literature, he acquired the name of Beauclerk, or the scholar; but his application to those sedentary pursuits abated nothing of the activity and vigilance of his government; and though the learning of that age was better fitted to corrupt than improve the understanding, his natural good sense preserved itself untainted both from the pedantry and superstition which were then so prevalent among men of letters. His temper was susceptible of the sentiments as well of friendship as of resentment; † and his ambition, though high, might be deemed moderate and reasonable, had not his conduct towards his brother and nephew showed that he was too much disposed to sacrifice to it all the maxims of justice and equity. But the total incapacity of Robert for government afforded his younger brother a reason or pretence for seizing the sceptre both of England and Normandy; and when violence and usurpation are once begun, necessity obliges a prince to continue in the same criminal course, and engages him in measures which his better judgment and sounder principles would otherwise have induced him to reject with warmth and indignation. King Henry was much addicted to women; and historians mention no less than seven illegitimate sons and six daughters born to him. Hunting was also one of his favorite amuse+ Order. Vitalis, p. 805. * W. Malms. p. 178. Gul. Gemet. lib. viii. cap. 29 ments; and he exercised great rigor against those who en croached on the royal forests, which were augmented during his reign,* though their number and extent were already too great. To kill a stag was as criminal as to murder a man: he made all the dogs be mutilated which were kept on the borders of his forests; and he sometimes deprived his subjects of the liberty of hunting on their own lands, or even cutting their own woods. In other respects he executed justice, and that with rigor; the best maxim which a prince in that age could follow. Stealing was first made capital in this reign; † false coining, which was then a very common crime, and by which the money had been extremely debased, was severely punished by Henry.‡ Near fifty criminals of this kind were at one time hanged or mutilated; and though these punishments seem to have been exercised in a manner somewhat arbitrary, they were grateful to the people, more attentive to present advantages than jealous of general laws. There is a code which passes under the name of Henry I.; but the best antiquaries have agreed to think it spurious. It is, however, a very ancient compilation, and may be useful to instruct us in the manners and customs of the times. We learn from it, that a great distinction was then made between the English and Normans, much to the advantage of the latter.§ The deadly feuds and the liberty of private revenge, which had been avowed by the Saxon laws, were still continued, and were not yet wholly illegal.|| Among the laws granted on the king's accession, it is remarkable that the reunion of the civil and ecclesiastical courts, as in the Saxon times, was enacted. But this law, like the articles of his charter, remained without effect, probably from the opposition of Archbishop Anselm. Henry, on his accession, granted a charter to London, which seems to have been the first step towards rendering that city a corporation. By this charter, the city was empowered to keep the farm of Middlesex at three hundred pounds a year, to elect its own sheriff and justiciary, and to *W. Malms. p. 179. † Sim. Dunelm. p. 231. Hoveden, p. 471. † Sim. Dunelm. p. 231. Annal. Waverl. p. 149. § LL. Hen. I. sect. 18, 75. Brompton, p. 1000. Flor. Wigorn. p. 653. Brompton, p. 1000. Hoveden, p. 471 LL. Hen. I. sect. 82. Spel. p. 305. Blackstone, vol. iii. p. 63. Coke, 2 Inst. 70. hold pleas of the crown; and it was exempted from scot, danegelt, trials by combat, and lodging the king's retinue. These, with a confirmation of the privileges of their court of hustings, wardmotes, and common halls, and their liberty of hunting in Middlesex and Surrey, are the chief articles of this charter.* It is said that this prince, from indulgence to his tenants, changed the rents of his demesnes, which were formerly paid :n kind, into money, which was more easily remitted to the exchequer. But the great scarcity of coin would render that commutation difficult to be executed, while at the same time provisions could not be sent to a distant quarter of the kingdom. This affords a probable reason why the ancient kings of England so frequently changed their place of abode: they carried their court from one place to another, that they might consume upon the spot the revenue of their several demesnės. * Lambardi Archaionomia, ex edit. Twisden. Wilkins, p. 235. Dial. de Scaccario, lib. i. cap. 7. 23# [1135.] IN the progress and settlement of the feudal law, the male succession to fiefs had taken place some time before the female was admitted; and estates, being considered as military benefices, not as property, were transmitted to such only as could serve in the armies, and perform in person the conditions upon which they were originally granted. But when the continuance of rights, during some generations, in the same family, had, in a great measure, obliterated the primitive idea, the females were gradually admitted to the possession of feudal property; and the same revolution of principles which procured them the inheritance of private estates, naturally introduced their succession to government and authority. The failure, therefore, of male heirs to the kingdom of England and duchy of Normandy, seemed to leave the succession open, without a rival, to the empress Matilda; and as Henry had made all his vassals in both states swear fealty to her, he presumed that they would not easily be induced to depart at once from her hereditary right, and from their own reiterated oaths and engagements. But the irregular manner in which he himself had acquired the crown might have instructed him, that neither his Norman nor English subjects were as yet capable of adhering to a strict rule of government; and as every precedent of this kind seems to give authority to new usurpations, he had reason to dread, even from his own family, some invasion of his daughter's title, which he had taken such pains to establish. Adela, daughter of William the Conqueror, had been married to Stephen, count of Blois, and had brought him several sons; among whoni Stephen and Henry, the two youngest, had been invited over to England by the late king, and had received great honors, riches, and preferment, from the zealous friendship which that prince bore to every one that had been so fortunate as to acquire his favor and good opinion. Henry, who had betaken himself to the ecclesiastical profession, was created abbot of Glastonbury and bishop of Winchester; and though these dignities were considerable, Stephen had, from his uncle's liberality, attained establishments still more solid and durable.* The king had married him to Matilda, who was daughter and heir of Eustace, count of Boulogne, and who brought him, besides that feudal sovereignty in France, an immense property in England, which, in the distribution of lands, had been conferred by the Conqueror on the family of Boulogne. Stephen also by this marriage acquired a new connection with the royal family of England, as Mary, his wife's mother, was sister to David, the reigning king of Scotland, and to Matilda, the first wife of Henry, and mother of the empress. The king, still imagining that he strengthened the interests of his family by the aggrandizement of Stephen, took pleasure in enriching him by the grant of new possessions; and he conferred on him the great estate forfeited by Robert Mallet in England, and that forfeited by the earl of Mortaigne in Normandy. Stephen, in return, professed great attachment to his uncle, and appeared so zealous for the succession of Matilda, that, when the barons swore fealty to that princess, he contended with Robert, earl of Glocester, the king's natural son, who should first be admitted to give her this testimony of devoted zeal and fidelity. Meanwhile he continued to cultivate, by every art of popularity, the friendship of the English nation; and many virtues with which he seemed to be endowed, favored the success of his intentions. By his bravery, activity, and vigor, he acquired the esteem of the barons; by his generosity, and by an affable and familiar address, unusual in that age among men of his high quality, he obtained the affections of the people, particularly of the Londoners. And though he dared not to take any steps towards his further grandeur, lest he should expose himself to the jealousy of so penetrating a prince as Henry, he still hoped that, by accumulating riches and power, and by * Gul. Neubr. p. 360. Brompton, p. 1023. - W. Malms. p. 192. ‡ W. Malms. p. 179. Gest. Steph. p. 928. |