Chapter III: The Struggle for Constitutional Liberty (1199-1337) (2)

It was over this Sicilian scheme, the crowning folly of the king, that public opinion at last grew so hot that the intermittent criticism and grumbling of the baronage and the nation passed into vigorous and masterful action. At the "Mad Parliament," which met at Oxford, 1258, the barons informed their master that his misgovernment had grown so hopeless that they were resolved to put him under constitutional restraints. They appointed a committee of twenty-four, in which Simon de Montfort was the leading spirit, and entrusted it with the duty, not only of formulating lists of grievances, but of seeing that they were redressed. Henry found that he had practically no supporters save his unpopular foreign relatives and favourites, and yielded perforce. To keep him in bounds the celebrated "Provisions of Oxford" were framed. They provided that he was to do nothing without the consent of a permanent council of fifteen barons and bishops, and that all his finances were to be controlled by another committee of twenty-four persons. All aliens were to be expelled from the realm, and even the king's household was to be "reformed" by his self-constituted guardians. The inevitable oath to observe honestly all the conditions of the Great Charter of 1215 was, as usual, extorted from him with special formalities. Though Montfort and the barons voiced the public discontent, the constitution which they thus imposed on the king had nothing popular about it. The royal functions of which Henry was stripped were to be exercised by a series of baronial committees. The arrangement was too cumbersome, for there was nothing which would be called a central executive; the three bodies (two of twenty-four members each, the third of fifteen) were interdependent, and none of them possessed efficient control over the others. It was small wonder that the constitution established by the Provisions of Oxford was found unworkable. They were not even popular--the small landholders and subtenants discovered that their interests had not been sufficiently regarded, and lent themselves to an agitation against the provisional government, which was got up by Edward, the king's eldest son, who now appeared prominently in history for the first time. To conciliate them the barons allowed the "Provisions of Westminster" to be enacted in 1259, in which the power of feudal courts was considerably restricted, and many classes of suit were transferred to the royal tribunals, a sufficient proof that the king's judges did not share in the odium which appertained to their master, and were regarded as honest and impartial.

The limited monarchy established by the Provisions of Oxford lasted only three years. Seeing the barons quarrelling among themselves, and Montfort accused of ambition and overweening masterfulness by many of his colleagues, the king took heart. Copying the example of his father in 1215, he obtained from the pope a bull, which declared the new constitution irregular and illegal, and absolved him from his oath to abide by it. He then began to recall his foreign friends and relatives, and to assemble mercenaries. De Montfort answered by raising an army, arresting prominent aliens, and seizing the lands which the king had given them. Henry thereupon, finding his forces too weak to face the earl, took refuge in the Tower of London and proposed an arbitration. He offered to submit his case to Louis IX., the saintly king of France, whose virtues were known and respected all over Europe, if the baronial party would do the same. An appeal to the pope they would have laughed to scorn; but the confidence felt in the probity of the French king was so great that Montfort advised his friends to accede to the proposal. This was an unwise step. Louis was a saint, but he was also an autocratic king, and had no knowledge of the constitutional customs of England. Having heard the claims of the king and the barons, he issued the mise of Amiens (Jan. 23, 1264), so called from the city at which he dated it, a document which stated that King Henry ought to abide by the terms of Magna Carta, to which he had so often given his assent, but that the Provisions of Oxford were wholly invalid and derogatory to the royal dignity. "We ordain," he wrote, "that the king shall have full power and free jurisdiction over his realm, as in the days before the said Provisions." The pope shortly afterwards confirmed the French king's award.

Simon de Montfort and his friends were put in an awkward position by this decision, to which they had so unwisely committed themselves. But they did not hesitate to declare that they must repudiate the mise. Simon declared that it would be a worse perjury to abandon his oath to keep the Provisions of Oxford than his oath to abide by the French king's award. He took arms again at the head of the Londoners and his personal adherents and allies. But many of the barons stood neutral, not seeing how they could refuse to accept the arbitration they had courted, while a number not inconsiderable joined the king, deciding that Leicester had passed the limits of reasonable loyalty, and that their first duty was to the crown.

The barons' war: battle of Lewes.

Hence it came to pass that in the campaign of 1264 Simon was supported by a minority only of the baronial class, and the king's army was the larger. The fortune of war inclined at first in favour of the royalists, who captured Northampton and Nottingham. But when it came to open battle, the military skill of the earl sufficed to compensate for the inferiority of his numbers. At Lewes, on the 14th of May, he inflicted a crushing defeat on the king's army. Henry himself, his brother Richard of Cornwall, and many hundreds of his chief supporters were taken prisoners. His son Prince Edward, who had been victorious on his own flank of the battle, and had not been caught in the rout, gave himself up next morning, wishing to share his father's fate, and not to prolong a civil war which seemed to have become hopeless.

Montfort's parliament.

On the day that followed his victory Leicester extorted from the captive king the document called the "mise of Lewes," in which Henry promised to abide by all the terms of the Provisions of Oxford, as well as to uphold the Great Charter and the old customs of the realm. Montfort was determined to put his master under political tutelage for the rest of his life. He summoned a parliament, in which four knights elected by each shire were present, to establish the new constitution. It appointed Simon, with his closest allies, the young earl of Gloucester and the bishop of Chichester, as electors who were to choose a privy council for the king and to fill up all offices of state. The king was to exercise no act of sovereignty save by the consent of the councillors, of whom three were to follow his person wherever he went. This was a far simpler constitution than that framed at Oxford in 1258, but it was even more liable to criticism. For if the "Provisions" had established a government by baronial committees, the parliament of 1264 created one which was a mere party administration. For the victorious faction, naturally but unwisely, took all power for themselves, and filled every sheriffdom, castellany and judicial office with their own firm friends. Simon's care to commit the commons to his cause by summoning them to his parliament did not suffice to disguise the fact that the government which he had set up was not representative of the whole nation. He himself was too much like a dictator; even his own followers complained that he was over-masterful, and the most important of them, the young earl of Gloucester, was gradually estranged from him by finding his requests often refused and his aims crossed by the old earl's action. The new government lasted less than two years, and was slowly losing prestige all the time. Its first failure was in the repression of the surviving royalists. Isolated castles in several districts held out in the king's name, and the whole March of Wales was never properly subdued. When Simon turned the native Welsh prince Llewelyn against the marcher barons, he gave great offence; he was accused of sacrificing Englishmen to a foreign enemy. The new regime did not give England the peace which it had promised; its enemies maintained that it did not even give the good governance of which Simon had made so many promises. It certainly appears that some of his followers, and notably his three reckless sons, had given good cause for offence by high-handed and selfish acts. Much indignation was provoked by the sight of the king kept continually in ward by his privy councillors and treated with systematic neglect; but the treatment of his son was even more resented. Edward, though he had given little cause of offence, and had behaved admirably in refusing to continue the civil war, was deprived of his earldom of Chester, and put under the same restraint as his father. There was no good reason for treating him so harshly, and his state was much pitied.

Montfort attempted to strengthen his position, and to show his confidence in the commons, by summoning to his second and last parliament, that of 1265, a new element--two citizens from each city and two burgesses from each borough in the realm. It must be confessed that his object was probably not to introduce a great constitutional improvement, and to make parliament more representative, but rather to compensate for the great gaps upon the baronial benches by showing a multitude of lesser adherents, for the towns were his firm supporters. The actual proceedings of this particular assembly had no great importance.

Battle of Evesham.

Two months later Prince Edward escaped from his confinement, and fled to the earl of Gloucester, who now declared himself a royalist. They raised an army, which seized the fords of the Severn, in order to prevent de Montfort--who was then at Hereford with the captive king--from getting back to London or the Midlands. The earl, who could only raise a trifling force in the Marches, where the barons were all his enemies, failed in several attempts to force a passage eastward. But his friends raised a considerable host, which marched under his son Simon the Younger and the earl of Oxford, to fall on the rear of the royalists. Prince Edward now displayed skilful generalship--hastily turning backward he surprised and scattered the army of relief at Kenilworth (Aug. 1); he was then free to deal with the earl, who had at last succeeded in passing the Severn during his absence. On the 4th of August he beset Montfort's little force with five-fold numbers, and absolutely exterminated it at Evesham. Simon fought most gallantly, and was left dead on the field along with his eldest son Henry, his justiciar Hugh Despenser, and the flower of his party. The king fell into the hands of his son's followers, and was once more free.

It might have been expected that the victorious party would now introduce a policy of reaction and autocratic government. But the king was old and broken by his late misfortunes: his son the prince was wise beyond his years, and Gloucester and many other of the present supporters of the crown had originally been friends of reform, and had not abandoned their old views. They had deserted Montfort because he was autocratic and masterful, not because they had altogether disapproved of his policy. Hence we find Gloucester insisting that the remnant of the vanquished party should not be subjected to over heavy punishment, and even making an armed demonstration, in the spring of 1267, to demand the re-enactment of the Provisions of Oxford. Ultimately the troubles of the realm were ended by the Dictum of Kenilworth (Oct. 31, 1266) and the Statute of Marlborough (Nov. 1267). The former allowed nearly all of Montfort's faction to obtain amnesty and regain their estates on the payment of heavy fines; only Simon's own Leicester estates and those of Ferrers, earl of Derby, were confiscated. The latter established a form of constitution in which many, if not all, of the innovations of the Provisions of Oxford were embodied. The only unsatisfactory part of the pacification was that Llewelyn of Wales, who had ravaged the whole March while he was Montfort's ally, was allowed to keep a broad region (the greater part of the modern shire of Denbigh) which he had won back from its English holders. His power in a more indirect fashion extended itself over much of Mid-Wales. The line of the March was distinctly moved backward by the treaty of 1267.

Death of Henry III.

King Henry survived his restoration to nominal, if not to actual, authority for seven years. He was now too feeble to indulge in any of his former freaks of foreign policy, and allowed the realm to be governed under his son's eye by veteran bureaucrats, who kept to the old customs of the land. Everything settled down so peacefully that when the prince took the cross, and went off to the Crusades in 1270, no trouble followed. Edward was still absent in Palestine when his father died, on the 16th of November 1272. For the first time in English history there was no form of election of the new king, whose accession was quietly acknowledged by the officials and the nation. It was nearly two years after his father's death that he reached England, yet absolutely no trouble had occurred during his absence. He had taken advantage of his leisurely journey home to pacify the turbulent Gascony, and to visit Paris and make a treaty with King Philip III. by which the frontiers of his duchy of Aquitaine were rectified, to some slight extent, in his favour. He, of course, did homage for the holding, as his father had done before him.

Edward I.

The reign which began with this unwonted quietness was perhaps the most important epoch of all English medieval history in the way of the definition and settlement of the constitution. Edward I. was a remarkable figure, by far the ablest of all the kings of the house of Plantagenet. He understood the problem that was before him, the construction of a working constitution from the old ancestral customs of the English monarchy plus the newer ideas that had been embodied in the Great Charter, the Provisions of Oxford, and the scanty legislation of Simon de Montfort. Edward loved royal power, but he was wise in his generation, and saw that he could best secure the loyalty of his subjects by assenting to so many of the new constitutional restraints as were compatible with his own practical control of the policy of the realm. He was prepared to refer all important matters to his parliament, and (as we shall see) he improved the shape of that body by reintroducing into it the borough members who had appeared for the first time in Montfort's assembly of 1265. He would have liked to make parliament, no doubt, a mere meeting for the voting of taxation with the smallest possible friction. But he fully realized that this dream was impossible, and was wise enough to give way, whenever opposition grew too strong and bitter. He had not fought through the civil wars of 1263-66 without learning his lesson. There was a point beyond which it was unwise to provoke the baronage or the commons, and, unlike his flighty and thriftless father, he knew where that point came. The constitutional quarrels of his reign were conducted with decency and order, because the king knew his own limitations, and because his subjects trusted to his wisdom and moderation in times of crisis. Edward indeed was a man worthy of respect, if not of affection. His private life was grave and seemly, his court did not sin by luxury or extravagance. His chosen ministers were wise and experienced officials, whom no man could call favourites or accuse of maladministration. He was sincerely religious, self-restrained and courteous, though occasionally, under provocation, he could burst out into a royal rage. He was a good master and a firm friend. Moreover, he had a genuine regard for the sanctity of a promise, the one thing in which his father had been most wanting. It is true that sometimes he kept his oaths or carried out his pledges with the literal punctuality of a lawyer, rather than with the chivalrous generosity of a knight. But at any rate he always endeavoured to discharge an obligation, even if he sometimes interpreted it by the strict letter of the law and not with liberality. A conscientious man according to his lights, he took as his device the motto _Pactum serva_, "keep troth," which was afterwards inscribed on his tomb, and did his best to live up to it. Naturally he expected the same accuracy from other men, and when he did not meet it he could be harsh and unrelenting in the punishment that he inflicted. To sum up his character it must be added that he was a very great soldier. The headlong courage which he showed at Lewes, his first battle, was soon tempered by caution, and already in 1265 he had shown that he could plan a campaign with skill. In his later military career he was the first general who showed on a large scale how the national English weapon, the bow, could win fights when properly combined with the charge of the mailed cavalry. He inaugurated the tactics by which his grandson and great-grandson were to win epoch-making victories abroad.

Edward's reign lasted for thirty-five years, and was equally important in constitutional development and in imperial policy. The first period of it, 1272-1290, may be defined as mainly notable for his great series of legislative enactments and his conquest of Wales. The second, 1290-1307, contains his long and ultimately unsuccessful attempt to incorporate Scotland into his realm, and his quarrels with his parliament.

Constitutional changes. Statutes of Westminster and Gloucester.

The changes made by Edward in constitutional law by his great series of statutes commenced very soon after his return to his kingdom in 1274. We may trace in all of them the same purpose of strengthening the power of the crown by judicious and orderly definition of its privileges. The great enactments start with the First Statute of Westminster (1275), a measure directed to the improvement of administrative details, which was accompanied by a grant to the king of a permanent customs-revenue on imports and exports, which soon became more valuable to the royal exchequer than the old feudal taxes on land. In 1278 followed the Statute of Gloucester, an act empowering the king to make inquiry as to the right by which old royal estates, or exceptional franchises which infringed on the royal prerogative of justice or taxation, had passed into the hands of their present owners. This inquest was made by the writ _Quo Warranto_, by which each landholder was invited to show the charter or warrant in which his claims rested. The baronage were angry and suspicious, for many of their customary rights rested on immemorial and unchartered antiquity, while others were usurpations from the weakness of John or Henry III. They showed signs of an intention to make open resistance; but to their surprise the king contented himself with making complete lists of all franchises then existing, and did no more; this being his method of preventing the growth of any further trespasses on his prerogative.

Statute of Mortmain.

Edward's next move was against clerical encroachments. In 1279 he compelled Archbishop Peckham to withdraw some legislation made in a synod called without the royal permission--a breach of one of the three great canons of William the Conqueror. Then he took the offensive himself, by persuading his parliament to pass the Statute of Mortmain (de religiosis). This was an act to prevent the further accumulation of landed property in the "dead hand" of religious persons and communities. The more land the church acquired, the less feudal taxation came into the royal exchequer. For undying corporations paid the king neither "reliefs" (death duties) nor fees on wardship and marriage, and their property would never escheat to the crown for want of an heir. The Statute of Mortmain forbade any man to alienate land to the church without royal licence. It was very acceptable to the baronage, who had suffered, on a smaller scale, the same grievance as the king, for when their subtenants transferred estates to the church, they (like their masters) suffered a permanent loss of feudal revenue. A distinct check in the hitherto steady growth of clerical endowments began from this time, though licences in mortmain were by no means impossible to obtain.

Second Statute of Westminster.

The great group of statutes that date from Edward's earlier years ends with the legislative enactments of 1285, the Second Statute of Westminster and the Statute of Winchester. The former contains the clause _De Donis Conditionalibus_, a notable landmark in the history of English law, since it favoured the system of entailing estates. Hitherto life-owners of land, holding as subtenants, had possessed large powers of alienating it, to the detriment of their superior lords, who would otherwise have recovered it, when their vassals died heirless, as an "escheat." This custom was primarily harmful to the king--the greatest territorial magnate and the one most prone to distribute rewards in land to his servants. But it was also prejudicial to all tenants-in-chief. By _De Donis_ the tenant for life was prevented from selling his estate, which could only pass to his lawful heir; if he had none, it fell back to his feudal superior. Five years later this legislation was supplemented by the statute _Quia Emptores_, equally beneficial to king and barons, which provided that subtenants should not be allowed to make over land to other persons, retaining the nominal possession and feudal rights over it, but should be compelled to sell it out and out, so that their successor in title stood to the overlord exactly as the seller had done. Hitherto they had been wont to dispose of the whole or parts of their estates while maintaining their feudal rights over it, so that the ultimate landlord could not deal directly with the new occupant, whose reliefs, wardship, &c., fell to the intermediate holder who had sold away the land. The main result of this was that, when a baron parted with any one of his estates, the acquirer became a tenant-in-chief directly dependent on the king, instead of being left a vassal of the person who had passed over the land to him. Subinfeudation came to a complete stop, and whenever great family estates broke up the king obtained new tenants-in-chief. The number of persons holding immediately of the crown began at once to multiply by leaps and bounds. As the process of the partition of lands continued, the fractions grew smaller and smaller, and many of the tenants-in-chief were ere long very small and unimportant persons. These, of course, would not form part of the baronial interest, and could not be distinguished from any other subjects of the crown.

Statute of Winchester.

The Statute of Winchester, the other great legislative act of 1285, was mainly concerned with the keeping of the peace of the realm. It revised the arming and organization of the national militia, the lineal descendent of the old _fyrd_, and provided a useful police force for the repression of disorder and robbery by the reorganization of _watch and ward_. This was, of course, one more device for strengthening the power of the crown.

Welsh wars.

In the intervals of the legislation which formed the main feature of the first half of his reign, Edward was often distracted by external matters. He was, on the whole, on very good terms with his first cousin, Philip III. of France; the trouble did not come from this direction, though there was the usual crop of feudal rebellions in Gascony. Nor did Edward's relations with the more remote states of the continent lead to any important results, though he had many treaties and alliances in hand. It was with Wales that his most troublesome relations occurred. Llewelyn-ap-Gruffydd, the old ally of de Montfort, had come with profit out of the civil wars of 1263-66, and having won much land and more influence during the evil days of Henry III., was reluctant to see that his time of prosperity had come to an end, now that a king of a very different character sat on the English throne.

Conquest of Wales.

Friction had begun the moment that Edward returned to his kingdom from the crusade. Llewelyn would not deign to appear before him to render the customary homage due from Wales to the English crown, but sent a series of futile excuses lasting over three years. In 1277, however, the king grew tired of waiting, invaded the principality and drove his recalcitrant vassal up into the fastnesses of Snowdon, where famine compelled him to surrender as winter was beginning. Llewelyn was pardoned, but deprived of all the lands he had gained during the days of the civil war, and restricted to his old North Welsh dominions. He remained quiescent for five years, but busied himself in knitting up secret alliances with the Welsh of the South, who were resenting the introduction of English laws and customs by the strong-handed king. In 1282 there was a sudden and well-planned rising, which extended from the gates of Chester to those of Carmarthen; several castles were captured by the insurgents, and Edward had to come to the rescue of the lords-marchers at the head of a very large army. After much checkered fighting Llewelyn was slain at the skirmish of Orewyn Bridge near Builth on the 11th of December 1282. On his death the southern rebels submitted, but David his brother continued the struggle for three months longer in the Snowdon district, till his last bands were scattered and he himself taken prisoner. Edward beheaded him at Shrewsbury as a traitor, having the excuse that David had submitted once before, had been endowed with lands in the Marches, and had nevertheless joined his brother in rebellion. After this the king abode for more than a year in Wales, organizing the newly conquered principality into a group of counties, and founding many castles, with dependent towns, within its limits. The "statute of Wales," issued at Rhuddlan in 1284, provided for the introduction of English law into the country, though a certain amount of Celtic customs was allowed to survive. For the next two centuries and a half the lands west of Dee and Wye were divided between the new counties, forming the "principality" of Wales, and the "marches" where the old feudal franchises continued, till the marcher-lordships gradually fell by forfeiture or marriage to the crown. Edward's grip on the land was strong, and it had need to be so, for in 1287 and 1294-1295 there were desperate and widespread revolts, which were only checked by the existence of the new castles, and subdued by the concentration of large royal armies. In 1301 the king's eldest surviving son Edward, who had been born at Carnarvon in 1284, was created "prince of Wales," and invested with the principality, which henceforth became the regular appanage of the heirs of the English crown. This device was apparently intended to soothe Welsh national pride, by reviving in form, if not in reality, the separate existence of the old Cymric state. For four generations the land was comparatively quiet, but the great rebellion of Owen Glendower in the reign of Henry IV. was to show how far the spirit of particularism was from extinction.

Expulsion of the Jews.

Some two years after his long sojourn in Wales Edward made an even longer stay in a more remote corner of his dominions. Gascony being, as usual, out of hand, he crossed to Bordeaux in 1286, and abode in Guienne for no less than three years, reducing the duchy to such order as it had never known before, settling all disputed border questions with the new king of France, Philip IV., founding many new towns, and issuing many useful statutes and ordinances. He returned suddenly in 1289, called home by complaints that reached him as to the administration of justice by his officials, who were slighting the authority of his cousin Edmund of Cornwall, whom he had left behind as regent. He dismissed almost the whole bench of judges, and made other changes among his ministers. At the same time he fell fiercely upon the great lords of the Welsh Marches, who had been indulging in private wars; when they returned to their evil practice he imprisoned the chief offenders, the earls of Hereford and Gloucester, forfeited their estates, and only gave them back when they had paid vast fines (1291). Another act of this period was Edward's celebrated expulsion of the Jews from England (1290). This was the continuation of a policy which he had already carried out in Guienne. It would seem that his reasons were partly religious, but partly economic. No earlier king could have afforded to drive forth a race who had been so useful to the crown as bankers and money-lenders; but by the end of the 13th century the financial monopoly of the Jews had been broken by the great Italian banking firms, whom Edward had been already employing during his Welsh wars. Finding them no less accommodating than their rivals, he gratified the prejudices of his subjects and himself by forcing the Hebrews to quit England. The Italians in a few years became as unpopular as their predecessors in the trade of usury, their practices being the same, if their creed was not.

Edward I. and Scotland.

Meanwhile in the same year that saw the expulsion of the Jews, King Edward's good fortune began to wane, with the rise of the Scottish question, which was to overshadow the latter half of his reign. Alexander III., the last male in direct descent of the old Scottish royal house, had died in 1286. His heiress was his only living descendant, a little girl, the child of his deceased daughter Margaret and Eric, king of Norway. After much discussion, for both the Scottish nobles and the Norse king were somewhat suspicious, Edward had succeeded in obtaining from them a promise that the young queen should marry his heir, Edward of Carnarvon. This wedlock would have led to a permanent union of the English and Scottish crowns, but not to an absorption of the lesser in the greater state, for the rights of Scotland were carefully guarded in the marriage-treaty. But the scheme was wrecked by the premature death of the bride, who expired by the way, while being brought over from Norway to her own kingdom, owing to privations and fatigue suffered on a tempestuous voyage.

She had no near relatives, and more than a dozen Scottish or Anglo-Scottish nobles, distantly related to the royal line, put in a claim to the crown, or at least to a part of the royal heritage. The board of six regents, who had been ruling Scotland for the young queen, seeing their own power at an end and civil war likely to break out, begged Edward of England to arbitrate between the claimants. The history of the next twenty years turned on the legal point whether the arbitrator acted--as he himself contended--in the capacity of suzerain, or--as the Scots maintained--in that of a neighbour of acknowledged wisdom and repute, invited to settle a domestic problem. This question of the relations between the English and the Scottish crowns had been raised a dozen times between the days of Edward the Elder and those of Henry III. There was no denying the fact that the northern kings had repeatedly done homage to their greater neighbours. But, save during the years when William the Lion, after his captivity, had owned himself the vassal of Henry II. for all his dominions, there was considerable uncertainty as to the exact scope of the allegiance which had been demanded and given. And William's complete submission had apparently been cancelled, when Richard I. sold him in 1190 a release from the terms of the treaty of Falaise. Since that date Alexander II. and Alexander III. had repeatedly owned themselves vassals to the English crown, and had even sat in English parliaments. But it was possible for patriotic Scots to contend that they had done so only in their capacity as English barons--for they held much land south of Tweed--and to point to the similarity of their position to that of the English king when he did homage for his duchy of Guienne at Paris, without thereby admitting any suzerainty of the French crown over England or Ireland. On the last occasion when Alexander III. had owned himself the vassal of Edward I., there had been considerable fencing on both sides as to the form of the oath, and, as neither sovereign at the moment had wished to push matters to a rupture, the words used had been intentionally vague, and both parties had kept their private interpretations to themselves. But now, when Edward met the Scottish magnates, who had asked for his services as arbitrator, he demanded that they should acknowledge that he was acting as suzerain and overlord of the whole kingdom of Scotland. After some delay, and with manifest reluctance, the Scots complied; their hand was forced by the fact that most of the claimants to the crown had hastened to make the acknowledgment, each hoping thereby to prejudice the English king in his own favour.

This submission having been made, Edward acted with honesty and fairness, handing over the adjudication to a body of eighty Scottish and twenty-four English barons, knights and bishops. These commissioners, after ample discussion and taking of evidence, adjudged the crown to John Baliol, the grandson of the eldest daughter of Earl David, younger brother of William the Lion. They ruled out the claim of Robert Bruce, the son of David's second daughter, who had raised the plea that his descent was superior because he was a generation nearer than Baliol to their common ancestor. This theory of affinity had been well known in the 12th century, and had been urged in favour of King John when he was contending with his nephew Arthur. But by 1291 it had gone out of favour, and the Scottish barons had no hesitation in declaring Baliol their rightful king. Edward at once gave him seizin of Scotland, and handed over to him the royal castles, which had been placed in his hands as a pledge during the arbitration. In return Baliol did him homage as overlord of the whole kingdom of Scotland.

This, unfortunately, turned out to be the beginning, not the end, of troubles. Edward was determined to exact all the ordinary feudal rights of an overlord--whatever might have been the former relations of the English and Scottish crowns. The Scots, on the other hand, were resolved not to allow of the introduction of usages which had not prevailed in earlier times, and to keep the tie as vague and loose as possible. Before Baliol had been many months on the throne there was grave friction on the question of legal appeals. Scottish litigants defeated in the local courts began to appeal to the courts of Westminster, just as Gascon litigants were wont to appeal from Bordeaux to Paris. King John and his baronage, relying on the fact that such evocation of cases to a superior court had never before been known, refused to allow that it was valid. King Edward insisted that by common feudal usage it was perfectly regular, and announced his intention of permitting it. Grave friction had already begun when external events precipitated an open rupture between the king of England and his new vassal.

Edward I. and Philip IV.

The "model parliament" of 1295.

Philip III. of France, who had always pursued a friendly policy with his cousin of England, had died in 1285, and had been succeeded by his son Philip IV., a prince of a very different type, the most able and unscrupulous of all the dynasty of Capet. In 1294 he played a most dishonourable trick upon King Edward. There had been some irregular and piratical fighting at sea between English and Norman sailors, in which the latter had been worsted. When called to account for the doings of his subjects, as well as for certain disputes in Gascony, the English king promised redress, and, on the suggestion of Philip, surrendered, as a formal act of apology, the six chief fortresses of Guienne, which were to be restored when reparation had been made. Having garrisoned the places, Philip suddenly changed his line, refused to continue the negotiations, and declared the whole duchy forfeited. Edward was forced into war, after having been tricked out of his strongholds. Just after his first succours had sailed for the Gironde, the great Welsh rebellion of 1294 broke out, and the king was compelled to turn aside to repress it. This he accomplished in the next spring, but meanwhile hardly a foothold remained to him in Gascony. He was then preparing to cross the Channel in person, when Scottish affairs began to become threatening. King John declared himself unable to restrain the indignation of his subjects at the attempt to enforce English suzerainty over Scotland, and in July 1295 leagued himself with Philip of France, and expelled from his realm the chief supporters of the English alliance. Finding himself involved in two wars at once, Edward made an earnest appeal to his subjects to rise to the occasion and "because that which touches all should be approved of all" summoned the celebrated "model parliament" of November 1295, which exactly copied in its constitution Montfort's parliament of 1265, members from all cities and boroughs being summoned along with the knights of the shires, and the inferior clergy being also represented by their proctors. This system henceforth became the normal one, and the English parliament assumed its regular form, though the differentiation of the two houses was not fully completed till the next century. Edward was voted liberal grants by the laity, though the clergy gave less than he had hoped; but enough money was obtained to fit out two armies, one destined for the invasion of Scotland, the other for that of Gascony.

Invasion of Scotland.

The French expedition, which was led by the king's brother Edmund, earl of Lancaster, failed to recover Gascony, and came to an ignominious end. But Edward's own army achieved complete success in Scotland. Berwick was stormed, the Scottish army was routed at Dunbar (April 27), Edinburgh and Stirling were easily captured, and at last John Baliol, deserted by most of his adherents, surrendered at Brechin. Edward pursued his triumphant march as far as Aberdeen and Elgin, without meeting further resistance. He then summoned a parliament at Berwick, and announced to the assembled Scots that he had determined to depose King John, and to assume the crown himself. The ease with which he had subdued the realm misled him; he fancied that the slack resistance, which was mainly due to the incapacity and unpopularity of Baliol, implied the indifference of the Scots to the idea of annexation. The alacrity with which the greater part of the baronage flocked in to do him homage confirmed him in the mistaken notion. He appointed John, earl Warenne, lieutenant of the realm, with Hugh Cressingham, an English clerk, as treasurer, but left nearly all the minor offices in Scottish hands, and announced that Scottish law should be administered. He then returned to England, and began to make preparations for a great expedition to France in 1297.

Disputes with the clergy and baronage.

His plan was something more ambitious than a mere attempt to recover Bordeaux; succours were to go to Gascony, but he himself and the main army were to invade France from the north with the aid of the count of Flanders. Much money was, of course, needed for the double expedition, and in raising it Edward became involved in two desperate constitutional disputes. Though the barons and the commons voted a liberal grant at the parliament of Bury (Nov. 1296) the clergy would give nothing. This was owing to a bull--the celebrated _Clericis Laicos_, recently issued by the arrogant and contentious pope Boniface VIII., which forbade the clergy to submit to any taxation by secular princes. Robert Winchelsea, the archbishop of Canterbury, an enthusiastic exponent of clerical rights and grievances, declared himself in conscience bound to obey the pontiff, and persuaded the representatives of the Church in the parliament to refuse supplies. The king, indignant that an attempt should be made to exempt the vast ecclesiastical lands from taxation at a time of national crisis, sequestrated the estates of the see of Canterbury, and copied John's conduct in 1208 by outlawing the whole body of the clergy. Winchelsea in return excommunicated all those who refused to recognize the authority of the pope's bull.

Scarcely was this quarrel developed when Edward found himself involved in an equally hot dispute with the commons and the baronage. In his eagerness to collect the sinews of war he had issued orders for the levy of a heavy customs duty on wool, the main export of the land, and in some cases laid hands on the wool itself, which lay ready for shipping, though this had not been granted him by the late parliament. The "maltolt"--or illegal tax--as his subjects called it, provoked the anger of the whole body of merchants in England. At the same time the barons, headed by the earls of Norfolk and Hereford, raised the old grievance about feudal service beyond seas, which had been so prominent in the time of King John. Norfolk, who had been designated to lead the expedition to Guienne; declared that though he was ready to follow his master to Flanders in his capacity of marshal, he would not be drafted off to Gascony against his own will. Hereford and a number of other barons gave him hearty support.

Harassed by these domestic troubles, the king could not carry out his intention of sailing for Flanders in the spring, and spent the greater part of the campaigning season in wrangles with his subjects. He was obliged to come to a compromise. If the clergy would give him a voluntary gift, which was in no way to be considered a tax, he agreed to inlaw them. They did so, and even Winchelsea, after a time, was reconciled to his master. As to the barons, the king took the important constitutional step of conceding that he would not ask them to serve abroad as a feudal obligation, but would pay them for their services, if they would oblige him by joining his banner. Even then Norfolk and Hereford refused to sail; but the greater part of the minor magnates consented to serve as stipendiaries. The commons were conciliated by a promise that the wool which the royal officers had seized should be paid for, when a balance was forthcoming in the exchequer.

Insurrection in Scotland. Wallace.

By these means Edward succeeded at last in collecting a considerable army, and sailed for Flanders at the end of August. But he was hardly gone when dreadful news reached him from Scotland. An insurrection, to which no great importance was attached at first, had broken out in the summer. Its first leader was none of the great barons, but a Renfrewshire knight, Sir William Wallace; but ere long more important persons, including Robert Bruce, earl of Carrick (grandson of Robert Bruce of Annandale, one of the competitors for the crown of Scotland), and the bishop of Glasgow, were found to be in communication with the rebels. Earl Warenne, the king's lieutenant in Scotland, mustered his forces to put down the rising. On the 11th of September 1297 he attempted to force the passage of the Forth at Stirling Bridge, and was completely beaten by Wallace, who allowed half the English army to pass the river and then descended upon it and annihilated it, while Warenne looked on helplessly from the other bank. Almost the whole of Scotland rose in arms on hearing of this victory, but the barons showed less zeal than the commons, owing to their jealousy of Wallace. Warenne retired to Berwick and besought his master for aid.

The "Confirmatio Cartarum."

Edward, who was just commencing an autumn campaign in Flanders which was to lead to no results, sent home orders to summon a parliament, which should raise men and money for the Scottish war. It was called, and made a liberal grant for that purpose, but Archbishop Winchelsea and the earls of Norfolk and Hereford took advantage of their master's needs, and of his absence, to assert themselves. Taking up the position of defenders of the constitution, they induced the parliament to couple its grants of money with the condition that the king should not only confirm Magna Carta--as had been so often done before--but give a specific promise that no "maltolts," or other taxes not legally granted him, should be raised for the future. Edward received the petition at Ghent, and made the required oath. The document to which he gave his assent, the _Confirmatio Cartarum_ (less accurately called the statute _De Tallagio non concedendo_) marked a distinct advance beyond the theories of Magna Carta; for the latter had been drawn up before England possessed a parliament, and had placed the control of taxation in the hands of the old feudal council of tenants-in-chief, while the _Confirmatio_ gave it to the assembly, far more national and representative, which had now superseded the Great Council as the mouthpiece of the whole people of the realm.

The Scottish revolt had become so formidable that Edward was compelled to abandon his unfruitful Flemish campaign; he patched up an unsatisfactory truce with the king of France, which left four-fifths of his lost Gascon lands in the power of the enemy, and returned to England in the spring of 1298. In July he invaded Scotland at the head of a formidable army of 15,000 men, and on the 22nd of that month brought Wallace to action on the moors above Falkirk. The steady Scottish infantry held their own for some time against the charge of the English men-at-arms. But when Edward brought forward his archers to aid his cavalry, as William I. had done at Hastings, Wallace's columns broke up, and a dreadful slaughter followed. The impression made on the Scots was so great that for some years they refused to engage in another pitched battle. But the immediate consequences were not all that might have been expected. Edward was able to occupy many towns and castles, but the broken bands of the insurgents lurked in the hills and forests, and the countryside as a whole remained unsubdued. Wallace went to France to seek aid from King Philip, and his place was taken by John Comyn, lord of Badenoch, a nephew of Baliol, who was a more acceptable leader to the Scottish nobles than the vanquished knight of Falkirk. Edward was detained in the south for a year, partly by negotiations with France, partly by a renewed quarrel with his parliament, and during his absence Comyn recovered Stirling and most of the other places which had received English garrisons. It was not till 1300 that the king was able to resume the invasion of Scotland, with an army raised by grants of money that he had only bought by humiliating concessions to the will of his parliament, formulated in the _Articuli super cartas_ which were drawn up in the March of that year. Even then he only succeeded in recovering some border holds, and the succeeding campaign of 1301 only took him as far as Linlithgow. But in the following year his position was suddenly changed by unexpected events abroad; the king of France became involved in a desperate quarrel with the pope, and at the same moment his army received a crushing defeat before Courtrai at the hands of the Flemings. To free himself for these new struggles Philip made up his mind to conclude peace with England, even at the cost of sacrificing his conquests in Gascony. Bordeaux had already revolted from him, and he gave up the rest of his ill-gotten gains of 1294 by the treaty of Paris (May 20, 1303).

Edward again invades Scotland, 1303.

Now that he had only a single war upon his hands Edward's position was entirely changed. There was no more need to conciliate the magnates nor the parliament. His displeasure fell mainly on the archbishop and the earl of Norfolk, who had so long led the opposition. Winchelsea was put in disgrace, and ultimately exiled. Norfolk, who was childless, was forced to sign a grant by which his lands went to the king after his death--a harsh and illegal proceeding, for he had collateral heirs. But the Scots, as was natural, bore the brunt of the king's wrath. In June 1303, a month after the peace of Paris, he advanced from Roxburgh, determined to make a systematic conquest of the realm, and not to return till it was ended. He kept up his campaign throughout the winter, reduced every fortress that held out, and carried his arms as far as Aberdeen and Elgin. In February 1304 the regent Comyn and most of the Scottish baronage submitted, on the promise that they should retain their lands on doing homage. Wallace, who had returned from France, kept up a guerilla warfare in the hills for a year more, but was captured in July 1305, and sent to London to be executed as a traitor. Even before his capture it seemed that Scotland was thoroughly tamed, and was destined to share the fate of Wales.

Edward's arrangements for the administration of the conquered kingdom were wise and liberal, if only the national spirit of the Scots could have tolerated them. The Scottish parliament was to continue, though representatives from beyond Tweed were also to be sent to the English parliament. The sheriffdoms and most of the ministerial posts were left in the hands of Scots, though the supreme executive authority was put in the hands of John of Brittany, earl of Richmond, the king's nephew. The land seemed for a time to be settling down, and indeed the baronage were to such a large extent English in both blood and feeling, that there was no insuperable difficulty in conciliating them. A considerable fraction of them adhered consistently to the English cause from this time forth, and ultimately lost their lands for refusing to follow the rest of the nation in the next insurrection.

But the delusion that Scotland had been finally subdued was to last only for a year, although in 1305 Edward seemed to have accomplished his task, and stood triumphant, with the northern realm at his feet, his domestic foes humbled, and France and the papacy defeated. His last short interval of peaceful rule was distinguished by the passing of the Statute of Trailbaston in the parliament of 1305. This was a measure for the repression of local riots, empowering justices in every shire to suppress clubmen (_trailbastons_), gangs of marauders who had been rendering the roads unsafe.

Robert Bruce.