hom 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, were chiefly concerned in it) were
totally ignorant of the nature of united 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, farther to increase his popularity, degraded and committed to
prison Ralph Flambard, Bishop of Durham, who had been the chief
instrument of oppresion under his brother [k]: 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
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 [l]. On the arrival of the
prelate, he proposed to him the renewal of that homage which he had
done his brother, and which he had never been refused by any English
bishop: but Anslem had acquired other sentiments by his journey to
Rome, and gave the king an absolute refusal. He objected to 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 [m]: 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.
[FN [k] Chron. Sax. p. 208. W. Malm. p. 156. Matth. Paris, p. 39.
Alur. Beverl. p. 144. [l] Chron. Sax. p. 208. Order. Vital. p. 783.
Matth. Paris, p. 3