Freed from danger on the side of Scotland, Edward was now at

liberty to turn his attention towards France. But his late

exertions had caused great expenditure, to which had been added

the subsidies by which he had been compelled to purchase the

alliance of the Princes on the north-east of France. To meet this

necessity, a Parliament was summoned at Bury St. Edmunds, at

which the Barons and Commons gave fresh grants. But the clergy,

driven to extremity by the King’s late demands upon them, found

themselves in a position to refuse. Benedict of Gaita had lately

been elected Pope, under the title of Boniface VIII., and had at

once entered upon a policy resembling that of the great Popes

of the twelfth century. He had issued a Bull known by the name

of “Clericis Laicos,” in which he had forbidden the clergy to

pay taxes to their temporal sovereign. Backed by this authority,

Archbishop Winchelsea refused in the name of the clergy to make any

grant to Edward. The clergy, it was said, owed allegiance to two

sovereigns--the one temporal, the other spiritual. Their obedience

was due first to their spiritual chief. An exemption from taxation

of the Church, which had rapidly been growing enormously wealthy,

would have crippled Edward’s resources. He had already accepted

the principle, that all should be consulted and all pay in matters

touching the advantage of all. He proceeded at once, therefore, to

meet the claim in his usual legal fashion. If the clergy would not

help him, he would not protect the clergy. The Chief Justice was

ordered to announce publicly from the bench in Westminster Hall,

that no justice would be done the clergy in the King’s Court, but

would nevertheless be done to all manner of persons who had any

complaint against them. Nor was this sentence of outlawry a vain

one; the tenants began at once to refuse to pay their rents, the

Church property was seized, and the owners could get no redress.

This severe treatment induced many of the clergy to make their

submission, but the Archbishop still held out.

[Sidenote: Barons too refuse to help Edward.]

[Sidenote: Compromise with the clergy.]

[Sidenote: Edward secures an illegal grant.]

Matters thus remained till another Parliament met at Salisbury

in February 1297, when, the Barons only being summoned, the King

explained his plan for the war with France. He was under pledge

to pay subsidies, and to bring an army to his allies in Flanders.

This army he would personally command. He wished his Constable and

Marshall, the Earls of Hereford and Norfolk, to take charge of a

second army destined for Guienne. These two noblemen positively

refused. They had learnt law from their King, and alleged as their

excuse, which was evidently only a technical one, that they were

only bound to follow the King in person. They then withdrew from

the Assembly, which broke up, with nothing done. The King, in want

of money, gave free vent to his arbitrary temper, seized the wool

of his merchants, and ordered large requisitions of provisions

to be made in the counties, for which, however, he promised

future payment. In the following March, Winchelsea had a personal

interview with the King, in which he appears to have arranged some

sort of temporary compromise; for immediately afterwards a meeting

of the clergy was held, in which he recommended them to act each

for himself as best he could. Determined to proceed in spite of

all opposition, the King summoned the whole military force of the

kingdom to meet him at London on the 7th of July. There the Earls

still refused to do their duty, and fresh officers were appointed

in their place. The King reconciled himself with the clergy, and

appointed the Archbishop one of the counsellors who were to act

as advisers to his young son Edward, in whose hands he left the

government. He also induced those nobles and Commons who were with

him, though in no sense a Parliament, to make him a money grant.

They gave him an eighth of the moveables of the barons and knights,

a fifth of the cities and boroughs. This grant was given expressly

for a promised confirmation of the charters. This seems to show

what the real point at issue was. The King’s excessive arbitrary

taxation had aroused the old feeling which had produced the

baronial wars of the preceding reign. The clergy were also asked

for a grant in a convocation held upon the 10th of August. It was

there decided that there was good hope that leave would be given

them to make a grant. On this the King acted, and ordered a levy of

what amounted to a fifth on all their revenue, both temporal and

spiritual.

[Sidenote: The Earls demand the confirmation of the charters.]

[Sidenote: It is granted with reservations.]

Shortly after this, he received the demands of the refractory

Earls, complaining of the non-observance of the charters, of the

tallages, aids and requisitions, and of the tax on wool. Declining

to give an answer at present, on the 22nd of August he set sail

for Flanders. On the very next day the Earls appeared in the

Exchequer Chamber, and peremptorily forbad the collection of the

irregularly granted eighth, until the charters had been signed

which had been the express condition of the grant. The necessity

for concession had become obvious, and in a Parliament summoned

on the 6th of October, the promised confirmation was given by the

Prince. The Earls, who appeared in arms, with troops, insisted upon

the addition of some supplementary clauses, which have since been

known as the statute “De tallagio non concedendo.” They further

demanded that the late grant should be considered illegal; it was

therefore cancelled, and a new constitutional grant of a ninth was

made in its place. Prince Edward’s confirmation was renewed by the

King in person at Ghent. It was again renewed, in 1299, with an

unsatisfactory clause “saving the rights of the Crown,” which the

King was obliged subsequently to remove, and finally, in 1301, at

the Parliament of Lincoln. The charters thus confirmed were the

amended charter of Henry III., the additions to it were contained

in the supplementary articles of the two Earls, which forbid

what had hitherto been undoubtedly constitutional, the arbitrary

tallaging of towns and taxing of wool. They contained however

a clause “saving the old rights of the King,” and Edward took

advantage of this afterwards, in 1304, to continue the old wool-tax

and to tallage the towns in his own domain.[50]

[Sidenote: Appearance of Wallace.]

It was the dangerous condition of his affairs which induced the

King to yield to the pressure of the Barons; for in the spring of

1297, Wallace had made his appearance in Scotland. The younger son

of a small proprietor in Elderslie, and without means of his own,

he had established his fame as a guerilla leader. In the woods and

mountains he collected a band of outlaws, with whom he attacked

isolated parties of English, all of whom were at once put to

death. His cruelties especially against the nuns and priests are

described as most revolting. Cressingham, Treasurer of Scotland,

foolishly despised him, and thus allowed the insurrection to gain

head. He was joined by Sir William Douglas; but on the whole was

both disliked and despised by the Scotch nobility. At length,

as his followers had increased to an army, and threatened the

fortress of Stirling, it became necessary to take measures against

him. Warrenne, Earl of Surrey, and Cressingham, raised an army,

and advanced to the Forth. The armies met early in September

at Cambuskenneth, near Stirling. The river is there spanned

by a narrow bridge, at the north end of which the Scotch were

strongly posted. With overweening folly, Cressingham insisted on

an immediate advance across the bridge. The natural consequence

followed; when a small portion of the English had crossed, and were

thus cut off from support, the Scotch fell on them and completely

routed them. Warrenne, an old and feeble man, took to hasty flight,

and the army was in fact destroyed. This victory was followed up

by a fierce invasion of the north of England. Wallace seems to

have collected troops by violent means; he then led them across

the English border, and sweeping it lengthwise from Newcastle to

Carlisle, “he left nothing behind him but blood and ashes.”[51] His

cruelties were indeed beyond description, and could not but have

filled the English with horror, something akin to that which the

English in India must have felt at the outbreak of the mutiny.

[Sidenote: Treaty with France. 1299.]

Edward’s expedition to Flanders had been a failure. The people in

the cities, angry with his interference in the wool trade, were

opposed to him; his allies had been tampered with by Philip, who

had also won a victory over them at Furnes; the Pope was urging

peace; and Edward, who always regarded his French affairs as

secondary, made a truce before the end of the year 1297, which two

years afterwards ripened under the arbitration of Boniface to the

Treaty of Chartres. By that treaty, Guienne was restored to the

English King, who withdrew his support from his Flemish allies;

while Philip in return gave up the cause of the Scotch. The treaty

was cemented by a double marriage. Edward himself married Margaret,

the French King’s sister; while his son Edward was betrothed to

Isabella, Philip’s daughter.

[Sidenote: Edward returns and invades Scotland.]

[Sidenote: Defeats Wallace at Falkirk.]

[Sidenote: Comyn’s regency.]

Shortly after his return, Edward advanced to revenge the insults

of Wallace, who had meantime unwisely taken the title of the

Guardian of the Kingdom, thus still further exciting the jealousy

of the nobles. He retired before the English army, laying waste

the country behind him, and Edward had almost been starved into a

retreat, when two Scotch Earls told him that Wallace was in the

woods in his immediate neighbourhood. Edward at once advanced to

meet him. Wallace, with his infantry formed into solid squares,

awaited his attack. Such horse as he had fled without striking a

blow. The arrows of the English archers broke the squares, and the

7000 heavy armed English cavalry had no difficulty in completing

the victory. Wallace fled, and resumed his outlaw’s life, nor does

he again play a prominent part in history. In 1305, he was betrayed

by one of his own followers named Jack Short to Sir John Monteith,

by whom he was given up to the English King, and suffered death,

with all the extreme penalties of the law.[52] The bitter feeling

his outrages had caused in England made any other fate impossible.

But though Wallace sinks into obscurity, his work had not been

without effect. The southern counties were so ravaged that the

King could not maintain an army there, and had to retire from the

country, which passed into the hands of a temporary regency, at the

head of which was Comyn.

[Sidenote: Parliament of Lincoln.]

For several years the steps taken for the reduction of Scotland

were marked by great weakness. Edward’s energy was paralyzed,

partly by the affairs in France, partly by questions arising with

regard to the charters in England. Frequent complaints had been

raised with regard to infringements of the Charter of Forests. It

was to settle these complaints, and to discuss an extraordinary

claim raised by Pope Boniface, that a Parliament was assembled at

Lincoln in 1301. With regard to the charter the King yielded, and

a considerable disafforesting of districts illegally included

within the limits of the forests took place. Pleased with the

King’s constitutional conduct, the baronage joined heartily in

the rejection of the Papal claim. Boniface had issued a mandate

desiring the King to abstain from all further attacks on Scotland,

“which did and doth still belong in full right to the Church of

Rome.” This mandate was delivered while Edward was in Scotland,

and Boniface’s position as arbiter between Edward and the King of

France prevented him from at once rejecting it. It is probable

that Boniface was only asserting his position as guardian of

international law, but the English treated the claim as serious.

When it was brought before Parliament, the baronage replied that

the kingdom of Scotland never had belonged to the See of Rome, and

that they, the Barons of England, would not allow Edward, even if

he wished it, to surrender the rights of the Crown. It was not till

1303 that Edward was able to resume his conquest of that kingdom.

Early in that year he ordered his Barons to assist John Segrave,

Governor of Scotland, in marching from Berwick to Edinburgh. But

that General mismanaged his march, and as he approached Roslin on

the way to Edinburgh, in three divisions, he was fallen upon by

Comyn, and his army defeated in detail.

[Sidenote: Fresh invasion of Scotland.]

[Sidenote: Second conquest of Scotland.]

[Sidenote: Bruce murders Comyn, and rebels.]

[Sidenote: Preparations for fourth invasion.]

[Sidenote: Edward’s death near Carlisle.]

The King had thus much to revenge when, in June, he began his

march. On this occasion he was accompanied by a fleet to bring

his supplies. He thus avoided the difficulty which the desolate

state of the country had hitherto presented. He pushed onward

into the far North. On returning he took up his abode for a

time in Dunfermline. Most of the Scotch Barons there sought and

obtained pardon, and at length Comyn, who had been the leader of

the rebellion, made a treaty in Fife, by which the Lords agreed

to suffer any pecuniary fine Edward thought fit, and the castles

and government were to be in Edward’s hands. One stronghold only

refused to obey this treaty. Sir William Oliphant held the fortress

of Stirling, and it required three months to reduce its gallant

defenders to submission. This was the last opposition Edward had

to fear; he at once admitted the Scotch to pardon, and settled the

country, placing his chief confidence apparently in Wishart, Bishop

of St. Andrews, John de Mowbray and Robert Bruce. It was soon seen

how little reliance could be put on the first and last of these

Commissioners.

Robert Bruce was the grandson of the claimant of the Scotch throne;

his grandfather had been an English judge, his father a constant

friend of Edward. It was only by marriage that the family had

acquired the estates of Carrick and Annandale. He was therefore

to all intents and purposes an Englishman, or rather a Norman

Baron, possessed of that peculiar characteristic of the race which

rendered it in fact a race of adventurers, with the constant hope

of winning great things before their minds. The instances of

Norman Barons who had won earldoms, kingdoms and empires, were

too numerous not to have had effect upon aspiring members of the

race. Bruce had up to this time played a somewhat vacillating

game, but on the whole, perhaps because of his feud with Balliol,

he had remained faithful to Edward. He seems now to have thought

his opportunity had arrived. It may perhaps have been the King’s

growing infirmities that encouraged him. At all events, early in

February 1306, he murdered in the church of Dumfries Comyn, who,

in accordance with the interpretation of the law which Edward

had recognized, stood next to the Balliols in succession to the

Scotch throne, and who, since he had last submitted to Edward, had

been true to him. Bruce then, joined by a few nobles, raised the

standard of revolt. He proceeded at once to Scone, and there, in

March, was crowned by Wishart and other of Edward’s Commissioners.

This unexpected insurrection from those whom he had trusted

roused Edward to extreme anger. With great pomp, at a meeting at

Westminster, he knighted his son, and took a solemn oath to avenge

John Comyn’s death. Carlisle was the point of rendezvous, but

already Bruce had been defeated at Methven near Perth by Aymer de

Valence, Earl of Pembroke, and was wandering barefoot and in misery

among the hills and woods of the country. He was reduced to demand

the pity of the King, but was refused; and a severe ordinance was

issued that all abettors of the murder of Comyn should be hanged,

and that all those who assisted Bruce should be imprisoned. The

ordinance was carried out with severity. Nigel Bruce, two Seatons,

the Earl of Athole and Simon Fraser, were all executed, and the

Countess of Buchan, who had crowned Bruce, was imprisoned, with

ironical cruelty, in a crown-shaped cage. But Bruce himself was not

taken, and issuing from his fastnesses, he inflicted many losses by

surprise upon the English. He even in his turn defeated the Earl of

Pembroke, and shortly after the Earl of Gloucester; and Edward was

rousing himself to attack him, though scarcely able to mount his

horse, when he died upon the march.

[Sidenote: Constitutional importance of the reign.]

The mere narration of the political facts of the reign, although

it brings out prominently much of Edward’s greatness, gives no

idea of the real constitutional importance of his work. Not only

was he the first truly English King, both by his circumstances

and political views, but he became, in virtue of his love of order

and legal arrangement, the completer of the English Constitution.

In the first place, it is to him that we owe the perfection of

the Parliamentary system, of the complete representation in

Parliament of the three Estates of the realm, the Lords, Commons,

and Clergy. For it is plain that it was his intention to combine

the three, although the clergy refused to accede to his wish, and

preferred to tax themselves separately in Convocation; a body which

however, as will be afterwards seen, also owes its representative

arrangements to him. The gradual introduction of the representative

system of the counties has been mentioned. Again and again, on

special occasions, knights, to represent the shire and to give

information with regard to their counties, had been summoned. Simon

de Montfort had even introduced representation of the boroughs; but

this was regarded as wholly exceptional. Nevertheless, Edward was

not long in seeing both the justice and advantage of the system.

In the first Parliament of his reign, when enacting the first

great Statute of Westminster, a healing and restorative measure

applicable to the whole country, he said that he made it with the

consent of the _commonalty_; there were possibly representatives of

the counties present; more probably their consent was arrived at

in some other way. At the same time, the high view which he took

of his own constitutional position is marked by a change in the

ordinary form of enactment. Statutes had hitherto been enacted “by

the counsel and consent of Parliament.” The alteration of a few

letters changed the meaning of this phrase. The present statute was

said to be enacted “by the King by the advice of his Council and

the assent of Parliament.” The legislative power was thus made to

reside in the King and his Council. It is the power thus claimed

which gave rise to the legislative, or rather the ordaining power

claimed by the King in Council, which was afterwards frequently

complained of by the Parliament. But Edward, in spite of these

pretensions, accepted the view that all should be consulted where

the interests of all were at stake. This was of course chiefly

in the matter of taxation, and the convenience as well as the

justice of the method which Simon de Montfort had set on foot soon

became evident to his mind. From the beginning of this reign, the

method of taxation had been changed. Instead of an aid, raised

from the land, it had become a subsidy raised by an assessment

on the moveables of the people. Most frequently the proportion

granted was a tenth or fifteenth, but in these early times every

variety of proportion was granted. As yet, however, these taxes

had been collected locally in accordance with arrangements made

by Exchequer officers, sheriffs, or the county court. In 1282,

the King, being in want of money for his Welsh wars, proceeded by

his ordinary method. The sums raised locally were insufficient;

while his Barons were with him at the wars it was inconvenient to

hold a Parliament; writs were issued therefore to the sheriffs

and archbishops to collect their two Estates, the Commons and the

clergy, at two centres, York and Northampton. At these meetings

were present four representative knights from each county, and

all freeholders of more than one knight’s fee. The Commons made

their grant of a thirtieth. The assemblies of the clergy declined,

until the parochial clergy were represented. For this purpose the

election of Proctors was then ordered, and they have since formed

a regular part of the Convocation. These negotiations were not

completed when what is called the Parliament of Acton Burnell was

summoned to settle the affairs of Wales. At that meeting there

were present no clergy, and representatives of twenty towns only,

summoned separately. In 1290, a further proof is given that for

taxation by subsidy the representation of the Commons was beginning

to be considered necessary. In that year an old-fashioned feudal

aid was granted for the marriage of the King’s daughter. It was

granted by the baronage for the whole commonalty, and was in the

old form of land-tax, but the Commons being subsequently present,

it was changed at their request to a fifteenth. It was possible for

the baronage to grant the aid upon military tenants, but the rest

of the people could not be reached. Two principles had by this time

been established,--that the clergy should be fully represented, and

that for subsidies upon the whole kingdom it was both convenient

and just that the Commons should in some way be represented; but

it was not yet held necessary for feudal matters, or for questions

touching the baronage only, that the Commons should be present.

Indeed, at this very Parliament, the statute “Quia Emptores” was

passed by the Barons before the Commons assembled. All these

preparatory steps found their completion in the Parliament of 1295,

when writs were issued to the Archbishops to appear themselves, and

to send Proctors to Westminster; to the Prelates and Barons, as

Peers, and to the sheriffs, summoning the knights of the counties,

and two burghers from each town.[53] There was thus a Parliament

complete in all its parts, such as it has since remained. We must

not suppose, however, that the Estates acted in common, or that

the Commons had much voice in the deliberation. At this very

Parliament of 1295, the grant of each order was different, nor

was it till 1318, in Edward II.’s reign, that the Commons can be

considered as perfectly incorporated in the Legislative Assembly.

The constitutional view at present was, that the King, with the

assent of his Barons, granted the petitions of the Commons and the

Clergy.

[Sidenote: Great statutes of the reign.]

A History of England, Period I. Mediæval Monarchy · 第 23 / 44 段