into the land; his own absolute power
made it no humiliation to accept the maxim of English lawyers that "the
king is under God and the law." So it happened that while all the other
civilized nations quietly passed under the rule of the Roman code England
alone stood outside it. From the twelfth century to the present day the
groundwork of our law has been English, in spite of the ceaseless
filtering in of the conceptions and rules of the civil law of Rome.
"Throughout the world at this moment there is no body of ten thousand
Englishmen governed by a system of law which was not fashioned by
themselves."
CHAPTER VII
THE STRIFE WITH THE CHURCH
The Assize of Clarendon was drawn up in February 1166, and in March
Henry sailed for France. Trouble awaited him there on every hand,
and during the next two years he had to meet no less than thirteen
revolts or wars. Aquitaine declared against the imperial system; loud
complaints were raised of Henry's contempt of old franchises and
liberties, and of the "officers of a strange race" who violated the
customs of the country by orders drawn up in a foreign tongue--the
_langue d'oil_, the speech of Norman and Angevin. Maine, Touraine,
and Britanny were in chronic revolt. The Welsh rose and conquered
Flint. The King of Scotland was in treaty with France. Warring parties
in Ireland claimed Henry's interference. England was uneasy and
discontented. Louis of France was allied with all Henry's enemies
--Gascons, Bretons, Welsh and Scotch; he aided the Count of Flanders and
the Count of Boulogne in preparing a fleet of six hundred ships to attack
the southern coast of England. The Pope's attitude was cautious and
uncertain. When Barbarossa's armies were triumphant in Italy, when
Henry's Italian alliances were strong and his bribes were big, Alexander
leaned to the king; when success again returned to Rome he looked with
more effectual favour on the demands of the archbishop. The rising tide
of disaffection tried the king sorely. It was in vain that he sought to
win over the leaders of the ecclesiastical party, the canon lawyers,
such as John of Salisbury, or Master Herbert of Bosham, with whom he
argued the point at his Easter Court at Angers. John of Salisbury flatly
rejected the Constitutions, declaring that his first obedience was due
to the Pope and the archbishop. Herbert was yet more defiant. "Look how
this proud fellow comes!" said Henry, as the stately Herbert entered
|