The Birth of Britain (Complete Edition). Winston Churchill

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СКАЧАТЬ march of armed bands, mounted or on foot? When the storm broke the North, the Midlands, the East, went down under its fury. If Wessex had succumbed all would have been lost. Gradually however it became manifest that the invaders had come not only to ravage but to settle. At last the hurricane abated and men could take count of their losses. A broad strip of land along the middle of the eastern coast and stretching inland as far as Derby was in Danish hands; seafarers turned farmers were still holding together as an army. But London, already one of the great ports of Northern Europe, had been saved, and all the South, and here was the seat and strength of the royal house. The tie with the mainland had not been severed. Year by year, sometimes by treaty, sometimes by hard fighting, King Alfred’s dynasty laboured to establish its ascendancy and reunite the land; so successfully that the temporary substitution of a Danish for an English king made little mark on history. He too was a Christian; he too made the pilgrimage to Rome. After this brief interlude the old line returned to the throne, and might have remained there from one generation to another. Yet in three short winter months, between October and Christmas Day in 1066, the astounding event had happened. The ruler of one French province—and that not the largest or most powerful—had crossed the Channel and made himself King of England.  The structure into which the Norman enters with the strong hand was a kingdom, acknowledged by all who spoke the King’s English, and claiming some vague sovereignty over the Welsh and the Scots as well. It was governed, we may say, by the King in Council, and the Council consisted of his wise men, laymen and clerics; in other words, bishops and abbots, great landowners, officers of the Household. In all this it departed in no way from the common pattern of all kingdoms which had been built out of fragments of the Roman Empire. It had also been showing, since the last of the strong kings died, a dangerous tendency to split up into provinces, or earldoms, at the expense of the Crown and the unity of the nation; a tendency only, because the notion still persisted that the kingdom was one and indivisible, and that the King’s Peace was over all men alike. Within this peace man was bound to man by a most intricate network of rights and duties, which might vary almost indefinitely from shire to shire, and even from village to village. But on the whole the English doctrine was that a free man might choose his lord, following him in war, working for him in peace, and in return the lord must protect him against encroaching neighbours and back him in the courts of law. What is more, the man might go from one lord to another, and hold his land from his new lord. And these lords, taken together, were the ruling class. The greatest of them, as we have seen, sat in the King’s Council. The lesser of them are the local magnates, who took the lead in shire or hundred, and when the free men met in the shire or hundred court to decide the rights and wrongs of a matter it was their voice which carried weight. We cannot yet speak of a nobility and gentry, because the Saxons distinguished sharply between nobles and peasants and there was no room for any middle rank. But there were the makings of a gentry, to be realised hereafter.

      Such was the state of England when the new Norman order was imposed on it. The Conqueror succeeded to all the rights of the old kings, but his Council now is mainly French-born, and French speaking. The tendency to provincialisation is arrested; the King’s Peace is everywhere. But the shifting pattern of relationships is drastically simplified to suit the more advanced, or more logical, Norman doctrine, that the tie of man to lord is not only moral and legal, but material, so that the status of every man can be fixed by the land he owns, and the services he does for it, if he is a tenant, or can demand, if he is a lord. In Norman days far more definitely than in Saxon the governing class is a landowning class. In spite of its violent reannexation to the Continent, and its merger in the common feudalism of the West, England retained a positive individuality, expressed in institutions gradually shaped in the five or six hundred years that had passed since its severance, and predestined to a most remarkable development. The old English nobility of office made way for the Norman nobility of faith and landed wealth. The lesser folk throve in a peaceful but busy obscurity, in which English and Norman soon blended, and from them will issue in due course the Grand Jurors, the Justices of the Peace, the knights of the shire; ultimately overshadowing, in power if not in dignity, the nobility, and even the Crown itself. These days are far off. In the meantime we may picture the Government of England in the reign of Henry II, let us say, somehow thus. A strong monarchy, reaching by means of its judges and sheriffs into every corner of the land; a powerful Church that has come to a settlement with the Crown, in which the rights of both sides are acknowledged; a rich and serf-willed nobility, which the Crown is bound by custom to consult in all matters of State; a larger body of gentry by whom the local administration is carried on; and the king’s Household, his personal staff, of men experienced in the law and in finance. To these we must add the boroughs, which are growing in wealth and consequence now that the peace is well kept, the roads and seaways safe, and trade is flourishing.  Standing at this point, and peering forward into the future, we see how much depends on the personality of the sovereign. In the period after the Conquest we have had three powerful rulers: in William a ruthless and determined soldier-prince who stamped the Norman pattern on the land; in his son Henry I a far sighted, patient administrator; in Henry’s grandson, the second Henry, a great statesman who had seen that national unity and the power of the Crown hung together, and that both could only be served by offering, for a price, even justice to all men, and enforcing it by the royal authority. Certain strains are developing in that compact fabric of Plantagenet England. The Crown is pressing rather hard on the nobility; the king’s Household is beginning to oust the ancient counsellors of the kingdom. We need a strong king who will maintain the law, but a just king who will maintain it for the good of all, and not only for his private emolument or aggrandisement. With King John we enter on a century of political experiment.

      Anyone who has heard from childhood of Magna Carta, who has read with what interest and reverence one copy of it was lately received in New York, and takes it up for the first time, will be strangely disappointed, and may find himself agreeing with the historian who proposed to translate its title not as the Great Charter of Liberties, but the Long List of Privileges—privileges of the nobility at the expense of the State. The reason is that our notion of law is wholly different from that of our ancestors. We think of it as something constantly changing to meet new circumstances; we reproach a Government if it is slow to pass new legislation. In the Middle Ages circumstances changed very gradually; the pattern of society was settled by custom or Divine decree, and men thought of the law rather as a fixed standard by which rights and duties could in case of wrongdoing or dispute be enforced or determined.

      The Great Charter therefore is not in our sense of the word a legislative or constitutional instrument. It is an agreed statement of what the law is, as between the king and his barons; and many of the provisions which seem to us to be trifling and technical indicate the points at which the king had encroached on their ancient rights. Perhaps, in their turn, the victorious barons encroached unduly on the rights of the Crown. No one at the time regarded the Charter as a final settlement of all outstanding issues, and its importance lay not in details but in the broad affirmation of the principle that there is a law to which the Crown itself is subject. Rex non debet esse sub homine, sed sub Deo et lege—the king should not be below man, but below God and the law. This at least is clear. He has his sphere of action, within which he is free from human control. If he steps outside it he must be brought back. And he will step outside it if, ignoring the ancient Council of the kingdom, and refusing to take the advice of his wise men, he tries to govern through his Household, his favourites, or his clerks.

      In other words, personal government, with all its latent possibilities of oppression and caprice, is not to be endured. But it is not easy to prevent. The King is strong, far stronger than any great lord, and stronger than most combinations of great lords. If the Crown is to be kept within its due limits some broader basis of resistance must be found than the ancient privileges of the nobility. About this time, in the middle of the thirteenth century, we begin to have a new word, Parliament. It bears a very vague meaning, and some of those who first used it would have been startled if they could have foreseen what it would some day come to signify. But gradually the idea spreads that if it is not enough for the King to “talk things over” with his own Council; so, on the other hand, it is not enough for the barons to insist solely on their right to be considered the Council of the kingdom. Though they often claim to speak for the community of the realm, in fact they only represent themselves, СКАЧАТЬ