d a relief in the Conqueror's laws,
preserved by Ingulf, seems to have been the heriot; since reliefs, as
well as the other burdens of the feudal law, were unknown in the age
of the Confessor, whose laws these originally were. This practice was
contrary to the laws of King Edward, ratified by the Conqueror, as
we learn from Ingulf, p. 91. But laws had at that time very little
influence: power and violence governed every thing. 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 indeed arms in their hands, which prevented the establishment
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 disposition 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 opposition 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 emergency to consider more the power of the persons 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
therefore unfit to be the deed of any one who possesses not the
whole legislative power, and who may not at pleasure revoke all his
concessions.
Henry, further 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: 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
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