Centralizing Power: the Use of Force Versus the Use of the Courts

Centralizing Power: The Use of Military Force versus the Use of the Courts

I. Introduction  The lesson will focus on the reigns of William the Conqueror (r. 1066-1087) and his great grandson, Henry II (r. 1154-1189), and their respective efforts to centralize and strengthen the power of the English monarchy.  The lesson will involve a preparatory homework assignment, a general discussion, a selected reading from Sir Winston Churchill, a discussion of the reading, and a formal capstone activity in the form of a discussion, debate, or in-class writing.

II. Guiding Question  What is the better path for a monarch to choose for centralizing power: the use of the sword or a focus on the courts?

III. Learning Objectives Upon completion of this lesson, students should be able to:  Explain William of Normandy’s claim to the English throne and why the throne was not granted to him.  Describe the events leading up to and including the Battle of Hastings.  List the measures taken by William to secure his new throne and centralize power in the monarchy.  Explain and list the efforts of Henry II to centralize power in the monarchy.  Understand the genealogical justifications of William and Harold. Edward the Confessor was married to Harold's sister, so the two men were brothers-in-law; this does not give a valid claim by today's standards, but quite a strong family tie clearly existed. Edward and William, on the other hand, were first cousins once removed, so they at least had a common ancestor.  List the similarities and differences of the efforts to strengthen the monarchy of William and Henry II.

IV. Background Information for the Teacher

William, Duke of Normandy, often resorted to military force and warfare to secure and extend his power. In 1047 and 1053, he faced and crushed revolts by the lords of his Normandy duchy. He also put down two French invasions, captured Maine, and used military force to get the people of Maine to accept him as their leader.

William had a fairly straightforward claim to the English throne, but tried to reinforce this claim with support from various nobles. William was allegedly offered the English throne by the current king, Edward the Confessor, during William’s visit to England in 1051. According to William, Edward said that when he died and since he had no heir, the throne could pass to William. In 1064, William won the release from prison of Harold of Wessex, an English noblemen who had been shipwrecked on the shores of

NEH Summer 2006 Institute “Churchill and America” 1 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org France. He convinced Harold to fight with him against Conan of Brittany, knighted Harold for his efforts, and won an oath from Harold to support for his claim to the English throne. William received similar oaths from other English nobles.

Harold eventually won the English throne for himself, betraying his oath to William and incurring William’s anger. Harold claimed that Edward the Confessor offered him the English throne just prior to Edward’s death on January 5th, 1066. A group of English nobles and clergy met to determine the successor to Edward and decided upon Harold. For his part, Harold accepted their decision and the throne. William protested that Harold was oath-bound and therefore duty-bound to support William’s claim to the throne, but Harold ignored his protest. William decided to resort once more to the sword to secure what was rightfully his (at least in his mind).

Harold faced not only William, but also had to deal with his own brothers in his efforts to keep the English throne for himself. One brother, Tostig, actually joined with King Harold Hardrada of Norway in support of William out of a quest for land and wealth. Tostig even tried to get his and Harold’s other brother, Gryth, to join him against Harold, but failed. The forces of Tostig and Hardrada faced off against the army of Harold on September 24th, 1066, and were defeated at the Battle of Stamford Bridge. Both Tostig and Hardrada were killed. On the other hand, Harold’s brother Gryth actually tried to convince Harold not to risk his life and kingship by directly leading the army against the forces of William, now gathered near Hastings. Gryth felt that he not the king should lead the forces so that in case of failure, Harold would not be killed in battle. Harold rejected this offer, a mistake based on what soon occurred.

William earned his nickname “The Conqueror” and the English throne in one of the more famous (or infamous) battles in English history. The armies of Harold and William met in the Battle of Hastings on October 14th, 1066. William’s forces were victorious and Harold was killed in battle. William continued to plunder various parts of England in response to opposition to his becoming king by various English nobles. This opposition would continue in one form or another throughout his reign. He was crowned King of England by the Archbishop of York on December 25th, 1066. He claimed most of English land for himself (expect for those areas controlled by powerful lords that he did not want to annoy or fight), gave four-fifths of his English land to loyal nobles, appointed sheriffs, and constructed castles throughout England as a means of pacification. He also commissioned and used a general survey, the Domesday Book, to help identify potential allies and enemies and to determine the strength of each.

William never saw an end to the opposition he faced in claiming the English throne for himself. During his reign as King, he faced revolts in 1067, 1068 (led by Harold’s sons), 1069, 1071, 1077 (led by his eldest son Robert when William would not grant him the duchy of Normandy to rule as his own), and 1083. All of these revolts were met with force, often brutal force, and defeated. William died in 1087 after

NEH Summer 2006 Institute “Churchill and America” 2 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org suffering injuries from falling off of a horse after another military endeavor and was succeeded by his second son, William.

Henry II, the great grandson of William, took a very different approach to ruling than his great grandfather. Henry became King of England in 1154 and one of his first tasks was the destruction of many of the castles constructed during his immediate predecessor’s reign. Unlike William who built and valued castles, Henry saw castles or at least those not under his direct control as a potential threat to his rule, a sanctuary and breeding ground for opposition. He decreed that no future castles could be constructed with his approval. He did resort to warfare quite often during his reign, but tried to minimize his need to resort to warfare. For example, he tried to use marriages among noble rivals and personal tours around England to unite his kingdom and his people.

Henry’s greatest difference from William was his emphasis on expanding the power and jurisdiction of the royal courts. During this time, England did not have one single, standardized court system. Each local baron had a court, the Catholic Church had its own courts, and the King had the royal courts. The outcome of a case differed depending on which court heard the case. Henry decided to bring all cases under the jurisdiction of the royal courts. However, he had to do this carefully or the barons would revolt at this threat to their traditional privilege of having their own local courts.

Henry decided to make his changes gradually, to give the barons time to adjust and accept his changes. He also decided to base his changes on existing traditions and customs to appeal to the barons’ focus on tradition. Henry used the Saxon concept of the King’s Peace to slowly bring all criminal cases to the royal courts. He also used the old custom of the King hearing appeals in cases of injustice and of the King protecting the rights of land ownership to bring civil cases to the royal courts. The barons could hardly complain about this expansion of royal power as it was based on tradition, something they respected, and done so gradually that it was completed before they could react to it.

Henry still needed to convince the people of the realm to favor his royal courts. He convinced people to take their cases to the royal courts by offering them trial by jury and gave them the legal measure to move their cases to the royal courts by issuing many royal writs, which set forth specific offenses or cases that could be brought before the royal courts (in fact, close to 200 writs were issues by English kings over the next 80 years). Trial by jury was especially attractive because it replaced the medieval methods of determining guilt: oath, ordeal, or duel. It also removed the local judge and his biases from determining guilt with an impartial group of bystanders. As cases shifted to the royal courts, Henry realized increased income from court fees. As cases shifted, power also shifted away from the barons to Henry. This shift to one court system later set the groundwork for English Common Law.

Henry did face some opposition over his focus on the royal courts and from the least expected person. Thomas Beckett was a close friend, served as Henry’s NEH Summer 2006 Institute “Churchill and America” 3 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org Chancellor, and was even appointed the Archbishop of Canterbury by Henry. Thomas argued that clergy should be tried only by the church courts and not the royal courts. Henry felt betrayed by his long-time friend and seized Beckett’s lands over a dispute and accused him of stealing from the royal treasury when Thomas was Chancellor. Thomas fled to France, but returned to England and in a true act of defiance, excommunicated those main churchmen who supported Henry’s position. Upon Henry bemoaning this defiant act and the general annoyance of Beckett’s actions, four of Henry’s knights went to Canterbury Cathedral on December 29th, 1170, and hacked Beckett to death. While Henry did not directly command them to do so, the knights did rid him of his opposition. However, Henry did grant clergy the right to be tried in church courts as part of a negotiation with the Pope over Beckett’s murder and martyrdom.

Note: The facts and information in the above summary was gathered from the Spartacus Education Website at http://www.spartacus.schoolnet.co.uk and specifically from the Monarch Link at http://www.spartacus.schoolnet.co.uk/monarchy.htm. Information was also gathered from Sir Winston Churchill’s book, The Great Republic (1999), Part III, Chapter 1, pages 409-413.

V. Preparation for Teaching this Lesson

Teacher should have a general understanding of the reigns of William the Conqueror and Henry II before starting this lesson. Their class textbook may or may not contain a good overview. Two great sources include those referenced in the Background Information Section above: the Spartacus Education Website Monarch Link at http://www.spartacus.schoolnet.co.uk/monarchy.htm and Sir Winston Churchill’s book, The Great Republic (1999), Part III, Chapter 1, pages 409-413.

Teachers may wish to incorporate the Bayeaux Tapestry into their background of William the Conqueror. The tapestry is a piece of embroidery measuring approximately 231 feet by 20 inches that presents to story of William's claim to the English throne and his actions in 1066 to claim the throne for himself. Information on this topic can be found at http://www.historyonthenet.com/Normans/bayeauxtapestry.htm.

Teachers may also wish to incorporate the definition and history of a writ into their background of Henry II. A definition of a writ and the history of the writ in England and the U.S. can be found at http://www.constitution.org/writ/writ_def.htm and at http://www.lawyerviews.com/lawsite/history.html. The latter website also includes discussion of the oath and ordeal, two earlier forms of determining guilt in a trial.

Teachers should make copies of The Great Republic (1999), Part III, Chapter 1, pages 409-413, paragraphs one to ten for their students. This reading will serve as the main focus of class discussion. Teachers should visit the American Memory Project of the Library of Congress at http://memory.loc.gov/learn/start/prim sources.html and/or the Making Sense of Evidence Page at George Mason University “History Matters” website NEH Summer 2006 Institute “Churchill and America” 4 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org at http://historymatters.gmu.edu/browse/makesense/ to understand ways to teach their students to interpret and use primary or secondary source documents.

VI. Suggested Activities

1. Preparatory Homework: The teacher will assign their students to read and outline the relevant sections of the class textbook on William the Conqueror and Henry II as homework leading up to this lesson. If the class textbook is insufficient, the teacher can direct their students to visit and take notes on the Spartacus Education Website Monarch Link at http://www.spartacus.schoolnet.co.uk/monarchy.htm, selecting the links to William I and Henry II. This activity is designed to provide the students with a general overview of the lesson’s topics.

2. Preliminary Discussion: The teacher will start the class by reviewing the material covered in the homework assignment through a class discussion. Students should take notes during the discussion as well as be encouraged to participate. The teacher can guide the discussion by having the students answer a series of questions related to the homework:

 How did William become King of England? Should he have been King of England – why or why not?  How did William strengthen his control over England? Were his efforts successful?  How did the nobles feel about William as their king? Point to specific instances to support your answer.  How did Henry II try to strengthen his control over England? How did these efforts differ from his great grandfather’s?  How did the nobles feel about Henry as their king? Point to specific instances to support your answer.

This activity should take approximately 10-15 minutes and will prepare the students to gain a greater understanding of Henry’s efforts through the selected reading activity.

3. Selected Reading: The teacher will pass out and have the students read the selected reading, The Great Republic (1999), Part III, Chapter 1, pages 409-413, paragraphs one to ten. The teacher can have the students read the passage silently and individually to themselves or out loud as a class. The teacher will follow the reading with a class discussion or can combine with discussion with a class reading of the passage. Students should take notes during the discussion as well as be encouraged to participate. The teacher can guide the discussion by having the students answer a series of questions related to the passage:

NEH Summer 2006 Institute “Churchill and America” 5 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org  How does Henry II justify his expansion of the power of the royal courts? How does he justify bringing all criminal cases to the royal courts? How does he justify bringing all civil cases to the royal courts?  Why does Henry need to make his royal courts attractive to the people of the kingdom? How does he achieve this? Explain the concept of trial by jury.  What are royal writs? How did Henry and his successors make use of them?  On page 410 of The Great Republic, Sir Winston Churchill stated, “Henry shrewdly opposed custom to custom and cloaked innovation in the respected garb of conservatism.” Analyze and explain this statement.  Did the author, Sir Winston Churchill, approve of Henry’s efforts, yes or no? Refer to specific phrases or passages as evidence for your answer.  Did the author favor use of warfare or use of the courts as the more effective measure for centralizing the power of the English monarchy?  What is the significance of Henry’s efforts in English history?

This activity should take approximately 25-40 minutes and will help the students to gain a more specific knowledge of Henry’s efforts to strengthen the monarchy.

4. Capstone Activity: The teacher will conclude the lesson with a capstone activity through which students will demonstrate their mastery of the learning objectives and the guiding question. The teacher can choose from an array of options, including: 1. a final class discussion modeled on the earlier discussion formats (10-15 minutes); 2. a formal class debate with the class divided into two teams with each team preparing and presenting an opening argument and rebuttal (40 minutes); 3. or an in-class writing of a five paragraph essay (35-50 minutes). The teacher should choose the option that best fits their time parameters and academic level. The capstone activity itself should focus on addressing and answering the related questions:

 Whose efforts at centralizing power in the English monarchy were more effective, William the Conqueror or Henry II? What does the term “effective” mean in this sense and how would you measure it? Does it depend on time or place? Provide examples to illustrate your answers.

This activity should take approximately 10-50 minutes depending on the specific activity chosen and will test the students’ mastery of the topics inherent in the lesson objectives and the guided question.

VII. Assessment

The capstone activities listed above lend themselves to being an assessment tool for a teaching utilizing this lesson plan. In addition, the teacher can follow-up on this material in a Unit Test through relevant multiple choice, true/false, identification, short answer, or essay questions.

NEH Summer 2006 Institute “Churchill and America” 6 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org VIII. Extending the Lesson

This lesson involves numerous avenues for further exploration by the teacher and their students if time permits. Three areas of further exploration include the issue of how trials are decided, the treatment of Thomas Beckett, and comparisons with other European monarchies:

 Read a primary source document on one or more of the medieval methods of trial: oath, ordeal, or duel. Have students debate which method they prefer or the fairness of each method. Have students discuss and debate the role of religion in these methods and relate this to the role of religion in trial by jury.  Have students discuss the murder of Thomas Beckett. Have students debate the fairness of his position and whether clergy should have access to a separate court system.  Have students research efforts at centralizing power in France and the Holy Roman Empire during this time period. Have students debate and discuss what is unique about the English efforts at centralizing power compare to France and the Holy Roman Empire.

IX. Additional Information  Grade levels (9-12)  Subject areas (European or World History)  Time required (1-3 classroom periods depending on period length)  Paul D. Saboe, Pope John Paul II High School, Hendersonville, TN

NEH Summer 2006 Institute “Churchill and America” 7 The Churchill Centre www.winstonchurchill.org Ashbrook Center for Public Affairs www.ashbrook.org and www.TeachingAmericanHistory.org