CHAPTER VI

JOHN AND THE BARONS

1214–1215

Ki ore vaurroit oïr l’ocoison de la guerre dont li rois Jehans

moru deshiretés de la plus grant partie d’Engletierre, bien le

poroit oïr en cest escrit.

_Hist. des Ducs de Normandie_, p. 145.

Intervenientibus itaque archiepiscopo Cantuariensi cum pluribus

coepiscopis et baronibus nonnullis, quasi pax inter regem et barones

formata est.

R. COGGESHALL, p. 172.

[Sidenote: 1214]

On May 26, 1214, John had issued writs for the collection of a scutage

of three marks per fee from all tenants-in-chief, royal demesnes,

vacant bishoprics, lands in royal wardship, and escheats, except those

fees which were personally represented in the army in Poitou; on these

the scutage was, as usual, to be remitted by royal warrant.[926] Those

northern barons who had refused to serve now refused to pay. They

adhered to their contention that they were by their tenure exempt

from the obligation to foreign service, and they argued that, in

consequence, they were also exempt from the obligation to payment in

substitution for such service.[927] Whether they claimed this double

exemption as a privilege peculiar to themselves, or as common to the

whole baronage, is not quite clear. In either case the claim would

have been difficult, if not impossible, to prove. There is nothing to

indicate that the fiefs in northern England had been originally granted

on different conditions from those in the south. On the other hand,

there are, indeed, some slight indications of the possible existence

in some quarters, in the days of both Richard and Henry, of a theory

that the obligation to foreign service--and therefore to payment of

scutage for a foreign war--did not form part of the regular obligations

of military tenure; in other words, that tenants-in-chivalry were not

legally bound to serve in, or to pay for, any war save one of defence.

But no general attempt had ever been made even to formulate such a

theory, far less to carry it out to its logical consequences; and it

is obvious that those consequences would have made it practically

impossible for the kings of England to carry on any continental warfare

at all. When John in reply to the northern recalcitrants insisted that

“it always used to be so done”--that is, foreign service had been

rendered or scutage paid in its stead--in his father’s and brother’s

days,[928] he was unquestionably right; and he might have added that it

had also been so done, over and over again, in the early years of his

own reign. The protest of the northern barons seems to have been made

to him in a personal meeting very soon after his return to England;

we are told that “the matter would have gone further, had it not

been checked by the presence of the legate.” It seems indeed to have

gone further notwithstanding that obstacle, for the same chronicler

adds: “There was brought forth a certain charter of liberties given

to the English by Henry I., which the said barons asked the king to

confirm.”[929]

[Sidenote: 1213]

If we may believe a report which was current a few years later, this

demand had been first suggested to the barons, more than a year

before, by Archbishop Stephen of Canterbury. On August 25, 1213; he

had gathered the bishops, abbots and other ecclesiastical dignitaries,

with some of the lay magnates, around him in S. Paul’s cathedral that

they might receive his instructions concerning a partial relaxation of

the interdict, which he was empowered to grant, pending the arrival of

the legate. It was said[930] that he had afterwards called aside the

lay members of the assembly to a secret meeting in which he laid before

them a yet weightier matter. “Ye have heard”--thus he was reported to

have addressed them--“how, when I absolved the king at Winchester, I

made him swear to put down bad laws and enforce throughout his realm

the good laws of Edward. Now, there has been found also a certain

charter of King Henry I. by which, if ye will, ye may recall to their

former estate the liberties which ye have so long lost”:--and he caused

the document in question--the coronation-charter of Henry I.--to be

read aloud before them. “And when this charter had been read through

and interpreted to the barons, they rejoiced with very great joy, and

all swore in the archbishop’s presence that when they saw a fitting

time they would fight for those liberties, if it were needful, even

unto death; the archbishop, too, promised them his most faithful help

to the utmost of his power. And, a confederacy being thus made between

them, the conference was dissolved.”[931] This story is given by Roger

of Wendover only as a rumour; but whether the rumour were literally

true or not, it was at any rate founded upon a fact: the fact that the

movement which was to result in the Great Charter owed its true impulse

to the patriotism, as it owed its success to the statesmanship, not of

any of the barons, but of Stephen Langton.

[Sidenote: 1214]

During eight months out of the fourteen which elapsed between the

archbishop’s return and that of the king, the administration of

government was in the hands of Peter des Roches, and he ruled the

country with a rod of iron.[932] But Peter’s vice-regal tyranny was

only the final outcome of a state of things which had been growing

worse from year to year for more than a quarter of a century. England

in the sixteenth year of King John was suffering under an accumulation

of grievances consisting, as Ralph of Coggeshall truly says, of all

“the evil customs which the king’s father and brother had raised up for

the oppression of the Church and realm, together with the abuses which

the king himself had added thereto.”[933] No doubt these last formed

the worst part of the evil, and it was the addition of them that

gave such an increase of bitterness to all the rest. The obligation

laid upon all men to attend the Forest courts, when summoned, whether

subject to their jurisdiction or not, had been a hardship ever since

it was imposed by Henry II. in 1184; the working of the Forest laws

had been a source of suffering from a period much earlier still; but

the area of the hardship and the suffering was rendered more extensive

by the new afforestations made by John.[934] The inconvenience caused

by the old practice of making common pleas “follow the king”--that

is, of holding trials of civil causes only before the justices who

accompanied the king, wheresoever he might be--had been felt in Henry’s

time, and Henry had tried to remedy it by setting up a permanent bench

of justices in a fixed place to deal with such causes. But the right

retained by the sovereign of calling up suits from this tribunal to his

own presence was exercised by John to a degree which his restless and

erratic movements--almost more restless and erratic than those of his

father--seem to have rendered extremely vexatious to litigants.[935]

The precise limits of the king’s rights over his tenants-in-chief as to

military service, scutage, control over their castles, and such-like

matters, had been more or less in dispute throughout the two preceding

reigns; but the bitterness of such disputes was intensified by John’s

personal dealings with his barons, his subtle contrivances for stealing

from them their rights over their own tenants and their own lands, his

interference with their domestic life by his continual demands for

hostages, and, above all, in many cases, by a desecration of their

homes which blood alone could expiate.

Again, the corrupt administration of the sheriffs had been matter of

complaint under Henry; but it was far worse under John; for whereas

Henry, and after him Hubert Walter acting for Richard, had endeavoured

by various means to check the independent action and curtail the powers

of the sheriffs, now the king himself was almost openly in league with

those officers, and their usurpations and extortions were not merely

condoned, but encouraged, if not even directly instigated, by him for

his own interest. Owing to the rise in the value of land and a variety

of other causes, the sheriffs’ annual receipts had for many years

past been generally in considerable excess of the sum--fixed under

the Norman kings on the basis of the Domesday Survey--for which they

were accountable to the royal treasury as ferm of the shire. Whatever

they received beyond this fixed sum seems to have been originally, in

theory at least, their own profit. But a share of it was naturally soon

claimed by the Crown; and this was done, not by putting the ferm at a

higher figure, but by charging the sheriff with an additional lump sum

under the title of _crementum_, or, in John’s time, _proficuum_.[936]

Whatever proportion the increment thus paid to the Crown may have

borne to the actual receipts of the sheriffs, it is clear that under

a sovereign of John’s character an arrangement which made king and

sheriff partners in gain would make them also partners in extortion.

The partnership began when the sheriff entered upon his office; he

was appointed to it by the king alone, he held it during the king’s

pleasure; John had no trouble in finding sheriffs after his own heart.

As the improvement of the royal demesnes and the legitimate proceeds

of royal jurisdiction were inadequate to produce increment on a scale

such as is shown in some of the Pipe Rolls of the reign, these men

fleeced the people of their shire by every means they could devise, for

the joint profit of the king and themselves; and the king connived at

and abetted every possible usurpation of the sheriffs, that they might

wring out of the shire a larger amount of money for him. They set at

nought the restrictions which John’s predecessors had placed upon their

action. They took upon themselves to keep the pleas of the Crown,

without reference to the coroners to whom that duty had been specially

intrusted under Richard.[937] They accused men of offences and sent

them to the ordeal without more ado, in defiance of Henry’s ordinance

limiting the employment of that mode of trial to cases in which the

charge was made on the presentment of a sworn jury.[938] The corrupt

and extortionate rule of the sheriffs had been strongly condemned by

the bishops and magnates in the king’s name at the council at S. Albans

in August 1213, and it is said that after the coming of the legate some

attempt was made to check these abuses by removing the most glaring

offenders from office;[939] but a mere change of officers was of little

avail; the fault lay not only in the persons who worked the system, but

also in the system itself; and the evil extended far beyond the sphere

of the sheriffs’ activity.

The whole judicial administration of the realm was corrupt. There was

very distinctly one law for the rich and another for the poor.[940]

Justice was sold, delayed, or refused altogether, at the king’s

will.[941] Proceedings for which the presence of only the parties

concerned in the suit, and a certain number of jurors, was legally

necessary, were made a pretext for summoning other persons,[942]

evidently for the sake of exacting fines from them if they failed to

attend, and were protracted[943] so as to make attendance as vexatious

as possible, that there might be the more defaulters and the more

fines. The course of justice was subjected to constant interference

through the summary evocation of causes from the lower courts to that

of the king, at the instance of any suitor who could afford to pay for

the writ of “_praecipe_” whereby the sheriff was authorized to effect

the transfer.[944] Fines were imposed without regard either to the

scale of the offence or the offender’s means of paying, so that men

of all classes were reduced by them to ruin, being unable to make up

the required sum except by selling their sole means of livelihood--the

free yeoman his tenement, the villein his cart, the merchant his stock

in trade;[945] clerks were amerced to the full value not only of any

lay tenement which they possessed, but also of their ecclesiastical

benefices.[946] Henry’s Assize had given to the Crown only the chattels

of a convicted felon; but now the Crown took his land also, without

compensation to the mesne lord to whom it ought to have reverted.[947]

The exactions and usurpations of the Crown were of the most various

kinds, and affected every class of society. Reliefs of arbitrary and

unreasonable amount were again, as in the Red King’s days, exacted

from tenants-in-chief on succession to their estates.[948] Sub-tenants

holding land which formed part of an escheated honour were made to pay

relief not as other sub-tenants paid to their immediate lord, but as if

they held in chief of the Crown.[949] The widows of tenants-in-chief

could not obtain the dowry to which they were legally entitled without

payment to the king for its assignment,[950] and were forced into

second marriages against their will.[951] The wardship and marriage

of minor heirs was given, or sold, by the king to his friends without

regard to the honesty or dishonesty of the guardian and the interests

of the minor and his family.[952] By an ingenious piece of intentional

confusion the Crown arrogated to itself the right of wardship in

cases where it had no such right. If a man held land of the Crown

by a non-feudal tenure, and also held other land under another lord

by knight-service, the distinction between his holding in chief and

his holding in chivalry was ignored for the king’s benefit, and the

custody of all the man’s lands was appropriated to the Crown.[953]

Distraints for debt to the Crown were made in the most arbitrary way;

the king’s bailiffs would, if it so pleased them or their master,

seize a debtor’s land instead of his chattels, though the value of

these latter sufficed to discharge his debt; or they would distrain

a debtor’s sureties, although he himself was able to pay.[954] When

a freeman died, they assumed as matter of course that he was in debt

to the king, and without inquiring to what amount, they seized his

chattels, to be restored to his executors or next-of-kin only when the

royal claim was satisfied, and not always then.[955] John, like William

Rufus, “would be every man’s heir.” If a man died in debt to the Jews,

and leaving an heir under age, those usurers were suffered to exact

interest upon their debt during the minority of the heir, so that if

through the death of the Jewish creditor the debt should fall into the

king’s hand (the Crown being the legal heir of all Jews), there should

be as much for the king as possible; and in such cases he claimed

payment of the uttermost farthing that was set down in the Jew’s

account-book, although he might thereby leave the Christian debtor’s

widow and children to starve.[956] Exorbitant tolls were exacted from

merchants.[957] Fines were laid upon towns for the making of bridges,

in places where no such obligation had existed in times past.[958]

Weirs were placed in the rivers that the king might keep to himself

the profits of fishing.[959] Monasteries not of royal foundation were

taken into the king’s custody during vacancy, in defiance of the rights

of their founders’ representatives.[960] The king’s bailiffs compelled

men to give their corn and other goods for the use of the king or his

servants, their horses and carts for the carriage of burdens in his

service, their wood for the construction of his buildings, whether the

owners were willing or not, and seemingly without payment.[961] Free

men were arrested, imprisoned, ejected from their lands, even exiled or

outlawed, without legal warrant or fair trial.[962] Individuals were

forbidden to enter or quit the realm at the mere will of the king.[963]

Some barons whom he specially favoured, or wanted to propitiate,

received licences to impose arbitrary taxes on their sub-tenants,

without regard to the limits of feudal custom,[964] just as the king

himself imposed taxes on his subjects according to his will and

pleasure. In a word, the entire system of government and administration

set up under the Norman kings and developed under Henry and Richard

had been converted by the ingenuity of John into a most subtle and

effective engine of royal extortion, oppression and tyranny over all

classes of the nation, from earl to villein.

The only class which was as yet capable of making any corporate

opposition or protest was the baronage; and hitherto the discontent

of the barons had shown itself only in the resistance of some of

their number to the king’s demands on certain special occasions and

in reference to certain special points which affected them personally

as tenants-in-chief. But there was now one man in England who looked

at the questions at issue between them and the king from a higher

standpoint than theirs, and in whose eyes those questions were only

small parts of a much wider and deeper question, on the solution of

which he had set his mind from the very hour of his landing in the

realm. One chronicler relates that John’s first impulse on hearing of

Archbishop Stephen’s arrival in England had been to withdraw himself

to some remote place and put off their meeting as long as possible,

and that he had only been induced to abandon this intention by the

remonstrances of some of the barons.[965] Whether this particular

story be true or not, it seems plain that John’s conduct throughout

his quarrel with the Church was to a great extent dictated by personal

dislike to the archbishop. This feeling must have been mainly

instinctive; for the two men had never seen each other till they met at

Winchester on July 20, 1213. The instinct, however, was a true one: it

was Stephen Langton who was to give the first impulse to the work which

was destined--though not till long after he had passed away--to make

the rule of such a king as John impossible in England for evermore.

The archbishop was determined to be satisfied with nothing short of

a literal fulfilment of the promise on which he had insisted as a

condition of the king’s absolution, the promise that to “_all_ men”

their rights should be restored. He saw that this end could be gained

only by the instrumentality of the barons; he also saw that it could

be gained only by a policy based on clearer and firmer, as well as

broader and nobler, lines than any of them were capable of designing.

They, indeed, had no definite scheme of policy; nor had they any leader

able to furnish them with such a scheme. The men of highest standing

among the magnates, such as the earls of Salisbury, Chester, Albemarle,

Warren, Cornwall and William the Marshal,--the men of highest standing

among the official class, such as the heads of the houses of Aubigny,

Vipont, De Lucy, Basset, Cantelupe, Neville, Brewer[966]--had either

gone to the war or paid their scutage for it without a murmur, and

stood utterly aloof from the group of “Northerners,” among whom the

most conspicuous were two barons of secondary rank, Eustace de Vesci

and Robert Fitz-Walter. Both Eustace and Robert are said to have had

just grounds for bitter personal resentment against John; but Robert

Fitz-Walter had twice already shown himself to be both a traitor and a

coward; and on the second occasion, in 1212, Eustace de Vesci had done

the like. The pardon and restoration of both these men in the following

year was a matter of policy, but was not due to any merits of their

own.[967] It was not under the inspiration and guidance of such men as

these that the liberties of the English people could be won, nor even

that the barons could succeed in their struggle for the privileges,

pretended or real, of their own order. Another guide offered himself

to them in the person of Stephen Langton, and offered to them at the

same time a definite basis of action in the charter of Henry I. Whether

the offer was made at the meeting in S. Paul’s in August 1213, or at

some later date and in some other way, is of little consequence; it

is enough that antecedent probability and after-history alike justify

the general belief of which Roger of Wendover is the spokesman:--that

it was Langton who brought to light the charter of which the very

existence seems to have been forgotten, and it was from him that the

barons adopted it as the basis of their demands.

The next step which they took in so doing was weightier than,

probably, they themselves had any idea of. At first glance the charter

seems to have little or no bearing upon the immediate subject of

dispute between them and the king; it contains no mention whatever of

either scutage or military service beyond sea. But it does contain a

series of clauses regulating the relations between the tenants-in-chief

and the Crown; and thus it furnished them with a substantial ground

for insisting that all violations of its provisions on the part of the

Crown must be redressed before any further burdens could be binding

upon them. It was even possible for them to argue that any demands on

the king’s part other than those expressly sanctioned in the charter

were an encroachment on their privileges as therein defined. For the

greater purpose which Langton had in view, the value of the charter lay

in its opening of the way to wider reforms by the incidental clauses

which bound the tenants-in-chief to extend to their sub-tenants the

same benefits which they themselves received from the king, and in

the comprehensive sentence which declared the abolition of “all evil

customs whereby the realm was unjustly oppressed.”[968] The more

thoughtful among the confederate barons may perhaps by this time have

begun to see that, even from a selfish point of view, they had nothing

to lose, and might have something to gain, by identifying their cause

with that of the nation as a whole. Many of the grievances which

touched the lower classes touched the higher also, though not always in

the same way. Moreover, although the people were as yet powerless to

initiate any corporate action in their own behalf, their support had

saved more than one earlier sovereign in a struggle against the barons;

it might prove no less useful to the barons in a struggle against the

king. But whatever the barons may have thought about these matters, the

king was statesman enough to see as clearly as the primate how weighty

and far-reaching might be the consequences involved in the demand for

a renewal of the charter. He therefore postponed its discussion till

after Christmas.[969]

[Sidenote: 1214]

Such is the brief statement of the Barnwell annalist. In its stead,

Roger of Wendover gives us a dramatic scene in S. Edmund’s abbey.

“The earls and barons of England,” he tells us, came together in

that sanctuary, “as if for prayer; but there was something else in

the matter, for after they had held much secret discourse, there was

brought forth in their midst the charter of King Henry I., which the

same barons had received in London, as hath been before said, from

Archbishop Stephen of Canterbury. Then they went all together to

the church of S. Edmund the King and Martyr, and beginning with the

eldest, they swore on the high altar that if the king sought to evade

their demand for the laws and liberties which that charter contained,

they would make war upon him and withdraw from fealty to him till he

should, by a charter furnished with his seal, confirm to them all that

they demanded. They also agreed that after Christmas they would go all

together to the king, and ask him for a confirmation of the aforesaid

liberties; and that meanwhile they would so provide themselves with

horses and arms that if the king should seek to break his oath, they

might by seizing his castles compel him to make satisfaction. And when

these things were done they returned every man to his own home.”[970]

[Sidenote: 1215]

John was at S. Edmund’s on November 4;[971] it is possible therefore

that his meeting with the barons may have been held there, and that

the scene described by Roger may have taken place after the king’s

departure. He kept Christmas at Worcester, and returned to London at

the opening of the new year.[972] There, at Epiphany, the confederate

barons came to him in a body, “in somewhat showy military array,” and

prayed him “that certain laws and liberties of King Edward, with

other liberties granted to them and to the English Church and realm,

might be confirmed, as they were written in the charter of King Henry

I. and the laws aforesaid; moreover they declared that at the time of

his absolution at Winchester, he had promised those ancient laws and

liberties, and thus he was bound by his own oath to the observance of

the same.” John cautiously answered that “the matter which they sought

was great and difficult, wherefore he asked for a delay till the close

of Easter, that he might consider how to satisfy both their demands and

the dignity of his crown.”[973] He then seems to have tried to persuade

them--no doubt each man singly--into giving him a written promise

“never again to demand such liberties from him or his successors”; but

to this no one would consent except the bishop of Winchester, the earl

of Chester, and William Brewer.[974] At last the proposed adjournment

till the close of Easter was agreed upon, but not till the king had,

“against his will,” pledged himself by three sureties to fulfill his

promise by giving reasonable satisfaction to all parties at the date

thus appointed.[975]

The king’s sureties were the archbishop of Canterbury, the bishop of

Ely, and William the Marshal. The choice of the archbishop as one of

them was good policy on John’s part; and Langton’s acceptance of the

office implies no wavering or double-dealing on his side. In so far

as it was his inspiration that gave a new force to the enterprise of

the barons, by raising it from a struggle for their own privileges

into a struggle for the liberties of the English nation, he was in

truth, as Roger of Wendover says, their “chief ally”;[976] and for the

achievement of its end as he himself conceived it, he did indeed “give

them his most faithful help to the utmost of his power.” But the help

which he gave them was not that of a partisan; Stephen Langton was at

once too true a churchman and too great a statesman, and held too lofty

a conception of his proper constitutional functions as primate of all

England, to identify himself with any party. The right and the duty of

the archbishop of Canterbury was to be the partisan of neither king nor

people, but the guide and monitor of both, so far as they would accept

his guidance and listen to his admonitions, and the mediator between

them whenever mediation was needed. He was by virtue of his office the

first adviser of the Crown as well as the guardian of the nation’s

rights; and it was only by standing firmly at his post by the king’s

side in the former capacity that he could be truly efficient in the

latter. Langton’s attitude was evidently understood by both parties at

the time. From the moment when the northern barons first asked the king

to confirm his great-grandfather’s charter, if not before, John must

have known that the hand of the primate was with them in the matter.

But he was quite as much alive as they were to the value of such a

helper; moreover, he seems to have had the somewhat rare gift of being

able to recognize in another man qualities which were conspicuously

absent from his own character. Much as he hated Langton, he evidently

trusted to his honour and loyalty as implicitly as he trusted to that

of William the Marshal. He therefore continued to the end the policy

which he had pursued ever since the archbishop’s coming to England.

He treated Langton with every mark of confidence and respect; he

carefully avoided any step which might have forced him into opposition

on ecclesiastical grounds; and in his diplomatic dealings with the

barons it was Langton whom he employed as his chief commissioner and

representative.

The king, however, was even more prompt than the barons in preparing

to back diplomacy by force. Immediately after the Epiphany meeting he

ordered a renewal of the oath of allegiance throughout the country; and

this time it was to be taken in the form of an oath of liege homage,

binding his subjects to “stand by him against all men.” This, it is

said, was an unwonted addition, which was generally opposed as being

“contrary to the charter”--the standard by which all things were now

tried.[977] It may have been in connexion with this matter that the

king sent {Feb. 10} to the men of sixteen southern and midland shires

commissioners “to explain his business” to them;[978] but he ended by

withdrawing his demand, “not deeming the time opportune for exciting a

tumult among the people.”[979] That tumults would nevertheless arise

before long he knew full well; and to meet this danger he had already

called to his aid the loyal “barons and bachelors” of Poitou.[980]

The summons must have been issued immediately after, if not even in

anticipation of, his meeting with the English malcontents at Epiphany,

and the response must have been as prompt as the summons, for on

February 8 he had already heard of the arrival in Ireland of some

troops sent to him by Savaric de Mauléon, and was issuing orders to the

archbishop of Dublin for the payment of their passage to England.[981]

On February 19 the king gave a safe-conduct to “the barons of the

North” that they might come to Oxford to speak with the primate, the

other bishops and the Earl Marshal on Sunday the 22nd.[982] Whether

this conference took place, or what came of it, we are not told; but

on March 13 John wrote to the barons and bachelors of Poitou that

the matter for which he had summoned them was now settled, and he

therefore, thanking them for their readiness to obey his call, bade

those of them who had not yet set out remain at home, and those who had

started go home again, with the assurance that he would indemnify them

for their expenses.[983]

It is possible that the barons may have asked for the conference at

Oxford in order to remonstrate against the warlike preparations of the

king, and that it may have resulted in some temporary arrangement which

compelled him to dismiss the Poitevins. It is also possible that this

dismissal may have been prompted by tidings from Rome. The prospect

of some such crisis as the present one had almost certainly been in

the minds of king and barons alike when John performed his homage to

the Pope; and both alike now sought to make their profit out of that

transaction, each side appealing to the Pope, as the common overlord

of both, to use his authority in compelling the other to yield. An

envoy from John, William Mauclerc, had reached Rome on February 17.

Eleven days later Eustace de Vesci and two other representatives of

the malcontent party arrived with letters for the Pope. In these

letters--so Mauclerc reported to his master--the confederate barons

besought Innocent, “since he was lord of England,” to urge and, if

needful, compel the king to restore the ancient liberties granted by

his predecessors and confirmed by his own oath. They recited how at the

meeting in London at Epiphany John had not only refused to grant these

liberties, but had endeavoured to make the petitioners promise never

to ask for them again. They begged that the Pope would take measures

to help them in this matter, “forasmuch as he well knew that they

had at his command boldly opposed the king in behalf of the Church’s

liberty, and that the king’s grant of an annual revenue and other

honours to the Pope and the Roman Church had been made not of free

will and devotion, but from fear and under compulsion from them.”[984]

Of what John wrote, or charged his envoy to say, to Innocent in his

behalf, no record remains; but Innocent’s letters show what the tenour

of John’s argument must have been. With his usual dexterity the king

made capital out of the secret meetings held, or said to have been

held, by the malcontents; and he also brought into special prominence

the one point of discussion which was quite clearly defined, and in

which he unmistakeably had precedent on his side--the question of the

scutage. On March 19 Innocent wrote to the archbishop of Canterbury and

the other English bishops, expressing his surprise that they had not

checked the quarrel between the king and “certain magnates and barons,”

and reproving them for their failure to do so; he strongly condemned

the “conspiracies and conjurations” which the barons were reported to

have made, and ordered the bishops to quash all such conspiracies and

urge the barons to proceed only by fair and lawful means. On the other

hand, he besought the king “to treat the aforesaid nobles graciously,

and mercifully to grant their just petitions.” On the same day he

wrote to the barons, informing them of the contents of his letter to

the bishops.[985] On April 1 he wrote to the barons again, avowedly in

consequence of the king’s complaint of their refusal to pay the scutage

for the Poitevin war; he reproved them for their contumacy in this

matter, and “warned and exhorted” them to satisfy the king’s claims

without further delay.[986]

[Sidenote: April 19–26]

By the middle of April the two former of these letters must have

reached England, the second being probably brought back by Eustace

de Vesci and his companions. The third letter was scarcely needed to

show the barons that their cause was lost at Rome. John, moreover, had

secured its ruin in that quarter by taking the Cross[987]--partly, no

doubt, as a protection against personal violence, but still more as a

means of enlisting the Pope’s strongest sympathies in his behalf, and

holding up his enemies to execration as hinderers of the crusade. They

grew desperate; they held another council among themselves, at which

they determined, without waiting for their promised interview with the

king, that they “would deal civilly with him no longer”;[988] and in

Easter week they assembled at Stamford in arms.

Five earls and forty barons are mentioned by name as present at the

muster, “with many others”; they all came with horses and arms, and

brought with them “a countless host,” estimated to comprise about

two thousand knights, besides other horsemen, sergeants-at-arms, and

foot soldiers.[989] “And because for the most part they came from the

north, they were all called Northerners.” From Stamford they marched to

Northampton, but without doing any act of violence.[990] John, who had

spent Easter in London,[991] sent the primate and some other bishops

and magnates to parley with them.[992] Several meetings appear to have

taken place. The deliberations evidently turned chiefly on the Pope’s

letters. No allusion is made by the chroniclers to the letter about

the scutage, which perhaps had not yet arrived; but, on the one hand,

Innocent’s condemnation of secret conspiracies could not be ignored;

and on the other, the barons urged his injunction to the king to

hearken to their “just petitions.”[993] At length John--secure in the

consciousness that he could refuse every petition on the plea that it

was not just--authorized his commissioners to demand of the barons, in

his name, a categorical statement of the laws and liberties which they

desired.

This message was delivered to the insurgents by the primate and the

Marshal, at Brackley, on Monday April 27--the day after that originally

fixed for the meeting of the barons and the king. “Then they [the

barons] presented to the envoys a certain schedule, which consisted for

the most part of ancient laws and customs of the realm, declaring that

if the king did not at once grant these things and confirm them with

his seal, they would compel him by force.”[994] This “schedule” was no

doubt a kind of first draft, prepared under the direction of Langton

himself in his conferences with the insurgents during the previous

week, of those “Articles of the Barons” from which we chiefly learn the

grievances of the time, and most of which were ultimately embodied in

the Great Charter. Langton and the Marshal carried it back to the king,

who was now in Wiltshire.[995] One by one the articles were read out

to him by the primate. John listened with a scornful smile: “Why do

these barons not ask for my kingdom at once?” he said. “Their demands

are idle dreams, without a shadow of reason.” Then he burst into a

fury, and swore that he would never grant to them liberties which

would make himself a slave. In vain the archbishop and the Marshal

endeavoured to persuade him to yield; he only bade them go back to the

barons and repeat every word that he had said. They performed their

errand;[996] and the barons immediately sent to the king a formal

renunciation of their homage and fealty,[997] and chose for themselves

a captain-general in the person of Robert Fitz-Walter, to whom they

gave the title of “Marshal of the army of God and Holy Church.”[998]

They then marched back to Northampton, occupied the town and laid siege

to the castle.[999]

The king was not behindhand in his preparations for war. His friends

were already mustering at Gloucester; on April 30 he requested them

to proceed thence on the following Monday (May 3), well furnished

with horses and arms, and with “all the men they could get,” to

Cirencester, there to await his further commands.[1000] Orders were

issued for strengthening the fortifications of London, Oxford, Norwich,

Bristol and Salisbury.[1001] The earls of Salisbury, Warren, Pembroke

and others perambulated the country to see that the royal castles

were properly fortified and manned;[1002] help was summoned from

Flanders[1003] and from Poitou.[1004] Early in May the king returned

for a couple of days to London;[1005] and as fourteen years before he

had won the support of its citizens in his struggle with Richard’s

chancellor by granting to them the “commune” which they desired, so now

he endeavoured to secure their adhesion by confirming their liberties

and adding to them the crowning privilege of a fully constituted

municipality, the right to elect their own mayor every year.[1006]

Meanwhile the “northern” barons had found Northampton castle too strong

to be taken without military engines which they did not possess; so

at the end of a fortnight they had raised the siege and moved on to

Bedford. Here the castle was given up to them by its commandant,

William de Beauchamp.[1007] Their forces were rapidly increasing in

number; the younger men especially, sons and nephews of the greater

barons, joined them readily, “wishing to make for themselves a name

in war”; the elder magnates, for the most part, clave to the king “as

their lord.”[1008]

On May 9 the king--now at Windsor--proposed that the quarrel should

be decided by eight arbitrators, four to be chosen by himself and

four by “the barons who are against us,” with the Pope as “superior”

over them; he offered the earl of Warren and four bishops as sureties

for his own acceptance of the award, and promised that until it was

delivered he would take no forcible measures against the insurgents,

“save according to the law of the realm and the judgement of their

peers in his court.”[1009] This proposal seems to have been rejected at

once, for two days later John ordered the sheriffs to seize the lands,

goods and chattels of “his enemies” in their several shires and apply

them to his benefit.[1010] Almost immediately afterwards he seems to

have commissioned the archbishop of Canterbury to negotiate a truce

for a few days. On the 16th he appointed his brother, Earl William of

Salisbury, to act as his representative in London.[1011] The object of

William’s mission evidently was to secure, if possible, the loyalty of

the “mayor, aldermen and other barons of London,” which John suspected

to be wavering. His suspicion was correct; a plot for the betrayal of

the city was already ripe, and on the very next morning--Sunday, May

17--the insurgents were masters of the capital.[1012] The first use

they made of this success was to fill their pockets with plunder taken

from the king’s partisans in the city, and from the Jews; the next was

to pull down the Jews’ houses and use the stones for repairing the city

walls. They then sent letters to all the earls, barons and knights who

still adhered to the king, “bidding them, if they cared to retain their

property and goods, forsake a king who was perjured and in rebellion

against his barons, and join with them in standing firmly and fighting

strongly for the peace and liberty of the realm; threatening that if

they neglected so to do, they, the writers, would direct their banners

and their arms against them as against public enemies, and do their

utmost to overthrow their castles, burn their dwellings, and destroy

their fishponds, orchards and parks.” These invitations and threats

brought over to the winning side all who had been waiting to see which

way the tide would turn, and they, of course, made a right goodly

company.[1013]

Still the king did not lose heart. He had gone from Berkshire into

Wiltshire,[1014] and was at his hunting seat of Fremantle--“a house

which stands on a height, and in the heart of a forest”--when, on May

18 or 19, a party of Flemish knights under Robert de Béthune found

their way to him and offered themselves for his service. He gave them

a joyous welcome, and hearing that a sudden rising had taken place in

Devon, despatched them under the command of the earl of Salisbury to

deal with it. The insurgents were reported to be besieging Exeter,

whence the earl was bidden to dislodge them; but they had, in fact,

already taken it; and when Earl William reached Sherborne, he was told

that they were lying hidden in a wood through which his road lay,

in such numbers that he and his followers had no chance of escape

if they fell into the ambush; whereupon he went back to the king at

Winchester.[1015] “You are not good at taking fortresses!” said John

scornfully when he heard the tale. A few days later he again bade the

same party go and drive the “Northerners” out of Exeter. Again they

were met at Sherborne by alarming accounts of the increased numbers

of the enemy; but this time the Flemings, stung by the king’s taunt,

insisted upon going forward to “conquer or die”; and the “Northerners,”

though they are said by the contemporary Flemish chronicler to have

been ten to one, evacuated Exeter at the mere tidings of their

approach.[1016]

This second expedition to Exeter probably started from Winchester on

the same day (May 24) on which John issued a notice that any persons

who came to his service from over sea were to place themselves under

the orders of his chamberlain, Hubert de Burgh.[1017] He had summoned

a part of his forces to muster on May 26 at Marlborough; but on the

25th they were bidden to proceed to “the parts of Odiham and Farnham,”

there to receive his commands; while others, who were to have come to

Reading, were to await his orders sent through Jordan de Sackville. On

the same day John wrote to the archbishop of Canterbury, urgently, but

very courteously, entreating that he would temporarily waive his right

to the custody of Rochester castle and allow the king to garrison it

with men of his own.[1018] To this request Langton acceded.[1019] By

this time he had negotiated another truce, and two days later {May 27}

John gave him a safe-conduct for himself and for whatever persons he

might bring with him to Staines “to treat of peace between ourself and

our barons.”[1020]

The object of all these changes of front on the king’s part was to gain

time for assembling new forces and devising a new policy. On the same

day on which he gave the safe-conduct to the archbishop, he despatched

an urgent appeal to all “his knights, men-at-arms, and friends who were

coming to join him” from over sea, entreating them to come as speedily

as possible, and promising that they should be well rewarded for so

doing.[1021] On May 29 he again wrote to the Pope, complaining of the

rebellious attitude of the barons, which made it impossible for him to

fulfil his vow of crusade.[1022] On Whitsun Eve, June 6, he bade his

favourite captain of mercenaries, Falkes de Bréauté, send four hundred

Welshmen to Salisbury to meet its earl by the following Tuesday,[1023]

seemingly to be ready for action on the Thursday, when the truce would

expire.

John knew, however, that the game was lost. Four bodies of insurgents

were now in the field, and none of them seem to have paid any regard

to the truce. The townsfolk of Northampton had risen against the royal

garrison of the castle and slain several of them. The force which

occupied London was besieging the Tower; and now, in this Whitsun week,

another body seized Lincoln.[1024] The king was almost deserted; at one

moment he is said to have had only seven knights left in his suite; the

sessions of the Exchequer and of the sheriffs’ courts throughout the

country had ceased, because no one would pay him anything or obey him

in any matter.[1025] He had come up on May 31 from Odiham to Windsor,

doubtless to meet the archbishop at Staines; on June 4 he went back

into Hampshire.[1026] On Whit-Monday, June 8, he issued from Merton a

safe-conduct for envoys from the barons to proceed to and from Staines

from Tuesday the 9th till Thursday the 11th. On Wednesday the 10th

he returned to Windsor, and the truce was prolonged from Thursday to

the following Monday, the 15th.[1027] Finally, he despatched William

the Marshal and some other trusty envoys to tell the barons in London

“that for the sake of peace and for the welfare and honour of his

realm, he would freely concede to them the laws and liberties which

they asked; and that they might appoint a place and day for him and

them to meet, for the settlement of all these things.” The messengers

“guilelessly performed the errand which had been guilefully imposed on

them”; and the barons, “buoyed up with immense joy,” fixed the meeting

to take place on June 15 in a meadow between Staines and Windsor,[1028]

called Runnimead.[1029]

[Sidenote: June 15]

There, on the appointed morning, the two parties pitched their tents at

a little distance from each other on the long reach of level grass-land

which stretched along the river-bank. The barons came “with a multitude

of most illustrious knights, all thoroughly well armed.”[1030] “It

is useless,” says another chronicler, “to enumerate those who were

present on the side of the barons, for they comprised well-nigh all

the nobility of England.” With the king were the archbishops of

Canterbury and Dublin, seven bishops, Pandulf--who had been sent back

to England as the Pope’s representative instead of Nicolas--the Master

of the English Templars, the earls of Pembroke, Salisbury, Warren and

Arundel, and about a dozen barons of lesser degree, including Hubert

de Burgh.[1031] It was to these chosen few, and above all to the

first of them, that John really capitulated. His declaration that he

granted the Great Charter by their counsel may well have been true of

them all; his most devoted adherents could, if they had any political

sagacity, advise him nothing else for his own interest. The terms of

capitulation, however, imply more than this. Nominally, the treaty--for

it was nothing less[1032]--was based upon a set of forty-nine articles

“which the barons demanded and the lord king granted.”[1033] But

those articles are obviously not the composition of “the barons”

mustered under Robert Fitz-Walter. Every step of the proceedings of

these insurgents up to that moment, every step of their proceedings

afterwards, as well as everything that is known of the character of

their leaders, goes to show that they were no more capable of rising

to the lofty conception embodied in the Charter--the conception of

a contract between king and people which should secure equal rights

to every class and every individual in the nation--than they were

capable of formulating it in the minute detail and the carefully chosen

phraseology of the Charter or even of the Articles. The true history

of the treaty of Runnimead is told in one brief sentence by Ralph of

Coggeshall: “By the intervention of the archbishop of Canterbury, with

several of his fellow-bishops and some barons, a sort of peace was

made.”[1034] In other words, the terms were drawn up by Stephen Langton

with the concurrence of the other bishops who were at hand, and of the

few lay barons, on either side, who were statesmen enough to look at

the crisis from a higher standpoint than that of personal interest;

they were adopted--for the moment--by the mass of the insurgents as

being a weapon, far more effective than any that they could have forged

for themselves, for bringing the struggle with the king (so at least

they hoped) to an easy and a speedy end; and they were accepted--also

for the moment--by John, as his readiest and surest way of escape from

a position of extreme difficulty and peril. Thus before nightfall the

Great Charter was sealed; and in return John received anew the homage

of the barons who had defied him.[1035]

It was, however, one thing to make the treaty, and quite another to

carry it into effect. The framers of the Articles and of the Charter

had done what they could towards that end by a carefully planned “form

of security for the observance of the peace and liberties between the

king and the kingdom.”[1036] Out of the whole baronage of England the

barons present at Runnimead were to choose twenty-five, who should

“observe, keep, and cause to be observed, with all their might,” the

provisions of the Charter. If the king failed to do his part, these

twenty-five were to compel him thereto by force if necessary. For this

purpose they were authorized to claim assistance from “the community

of the whole country,” and they were therefore to receive an oath of

obedience from every man in the realm.[1037] King and barons alike

swore that they would keep all the provisions of the Charter “in good

faith and without deceit.”[1038] The king was made to promise that

he would not procure “from any one” anything whereby his concessions

might be revoked or diminished, and that if such revocation should be

obtained it should be accounted void and never used.[1039] That John’s

promises were worthless every one knew; it was not likely that all the

pressure which could be brought to bear upon him by “five-and-twenty

over-kings”--as his foreign mercenaries sarcastically called the

elected barons[1040]--would more than suffice, if even it should

suffice, to compel him to keep his word. Still the check thus set over

him was a very strong one. It was in fact the strongest that could be

devised; and it was made of indisputable authority by its incorporation

in the Charter.[1041]

On the other hand, the Charter contained no provision for compelling

the barons in general to fulfil their part of its obligations, either

towards their sub-tenants[1042] or towards the Crown, except what

might be implied in the authority given to the twenty-five; while for

securing the loyalty and good faith of the twenty-five themselves it

contained no provision at all. If we look at the text of the Charter

alone, we can but endorse the verdict of its foreign soldier-critics:

England was exchanging one king for five-and-twenty. This defect in

the treaty seems to have been noticed as soon as it was passed, and

a remedy was sought in the appointment of another body of barons,

thirty-eight in number, chosen from both parties,[1043] and including

the Earl Marshal and the other chief adherents of the king; these,

after swearing obedience to the twenty-five, took another oath which

bound them to compel both the king and the twenty-five to deal

justly with one another.[1044] This precaution may perhaps have been

suggested by Langton and the other bishops when a significant incident

had shown them that the promise of the insurgent barons was worth no

more than that of the king. This incident rests upon the authority

of a joint statement purporting to be issued, evidently by way of

protest and warning and for the clearing of their own consciences, by

ten eye-witnesses--the archbishops of Canterbury and Dublin, seven

English bishops, and Pandulf. In a letter-patent addressed to “all

Christian people,” these ten persons (if the document be genuine)

recite how in their sight and hearing the barons had made to the

king--seemingly before the Charter was sealed--a verbal promise that

they would give him, for their observance of the agreement between him

and themselves, any security which he might choose, except castles or

hostages. “Afterwards” John called upon them to fulfil this promise by

giving him in their turn a charter, whereby they should acknowledge

themselves bound to him by oath and homage as his liegemen, and for the

preservation of his rights and those of his heirs and the defence of

his realm. “But,” say the witnesses, “this they would not do.”[1045]

Such, it seems, was the earnest of the loyalty to their plighted word

which England, as well as John, had to expect from the men who posed as

the champions of justice and right.

For ten days the nominally reconciled enemies sat watching each other,

the king at Windsor, the barons still encamped in the surrounding

meadows. In private, John’s feelings broke out in wild paroxysms of

fury characteristic of his race; he “gnashed his teeth, rolled his

eyes, caught up sticks and straws and gnawed them like a madman, or

tore them into shreds with his fingers.”[1046] But to the outside

world he wore a calm and smiling face, chatting familiarly and gaily

with every one whom he met, and declaring himself perfectly satisfied

with the settlement of affairs.[1047] Within the next seven days {June

19–22} he despatched copies of the Charter to the sheriffs, foresters

and other royal bailiffs in every shire, with letters patent ordering

them to make the men under their jurisdiction swear obedience to the

twenty-five barons in whatever form these latter might prescribe, and

cause twelve sworn knights to be elected in the next county court

for the purpose of inquiring into evil customs with a view to their

extirpation as promised in the Charter.[1048] He also sent to his

mercenary captains {June 18} orders to desist from hostilities and

amend any damage which they might have done to the barons since the

peace was made.[1049] On the following Tuesday, June 23, he ordered

the foreign soldiers at Dover to be sent home at once.[1050] On the

25th a number of sheriffs were removed from office and replaced by

new ones.[1051] Before that date the king had appointed a new chief

justiciar, Hubert de Burgh,[1052] a faithful adherent of his own, who

was also an honourable man, respected by all parties, and a member of

the committee of thirty-eight. On the 27th the sheriffs and the knights

elected in every shire to inquire into evil customs were ordered to

punish summarily all persons who refused the oath of obedience to the

twenty-five.[1053]

The king was then at Winchester; he had left Windsor on the night of

the 25th.[1054] Illness--seemingly a severe attack of gout--had made

him unable to move sooner, and the barons had taken advantage of his

physical helplessness to heap upon him every insult in their power.

One day the twenty-five required his presence to confirm a judgement

in the Curia Regis; he was in bed, unable to set a foot to the ground,

so he sent them word that they must come and deliver the judgement

in his chamber, as he could not go to them. They “answered that they

would not go, for it would be against their right; but if he could not

walk, he must cause himself to be carried.” He did so, and when he was

brought into their presence “they did not rise to meet him, for it was

their saying that if they had risen, they should have done contrary to

their right.”[1055] This scene probably occurred in connexion with one

of the cases dealt with in the fifty-second article of the Charter,

the cases of persons who were, or asserted that they were, deprived

of their lands, castles, privileges or rights by an arbitrary act of

John or of his predecessors, without judgement of their peers. Some of

these cases, in which there was no doubt about the circumstances of

the deprivation, were settled without delay, and immediate restitution

was made to the claimants by the Crown.[1056] But there were others

which required investigation. Such was the claim of the earl of Essex

to the custody of the Tower of London.[1057] The chief justiciar of

England had been recognized as entitled by virtue of his office to the

custody of the Tower ever since the accession of Henry II.; but Henry’s

mother, the Empress Maud, had granted it by charter to Geoffrey de

Mandeville and his heirs;[1058] and it was now claimed as an hereditary

right by the earl of Essex, as eldest son of the late justiciar

Geoffrey Fitz-Peter by his marriage with Beatrice de Say, on whom the

representation of the Mandeville family had devolved.[1059] This matter

was too delicate and too important to be decided in haste; pending its

decision, the Tower was temporarily placed in neutral hands, the hands

of the archbishop of Canterbury,[1060] to whom Rochester castle was at

the same time restored.[1061] Finally, John proposed that the other

questions in dispute between himself and individual barons should all

be determined at Westminster on July 16. This being agreed, the barons

withdrew to London[1062] and the king to Winchester, whence at the

beginning of July he proceeded into Wiltshire.[1063]

King and barons alike knew that the “peace” had been made only to

be broken. The barons were the first to break it. Some of those

“Northerners” from beyond the Humber by whom the strife had been

originally begun had actually left Runnimead in the middle of the

conference, and were now openly preparing for war, on the pretext that

they “had not been present” at the settlement.[1064] Their southern

allies were really doing the same; only they veiled their preparations

under the guise of a tournament to be held, ostensibly in celebration

of the peace, at Stamford on July 6. Robert Fitz-Walter and his

companions, however, quickly discovered that if they wished to keep

their hold upon London they must not venture far away from the city;

they therefore postponed the tournament for a week, and transferred it

from Stamford to Staines. The victor’s prize was to be “a bear, which

a lady was going to send.”[1065] Meanwhile the new sheriffs--appointed

since the peace, and specially charged to enforce its provisions--were

meeting with a very rough reception in every shire where the “Northern”

influence predominated. All over the country the barons were fortifying

their castles; some were even building new ones.[1066] A more

scrupulous king than John might well have deemed himself justified,

under such circumstances, in doing what John did--following their

example in preparing to fling the treaty to the winds and renew the war.

The meeting which had been appointed for July 15 was postponed till

the 16th, and the place for it changed from Westminster to Oxford. On

the 15th the king came up from Clarendon into Berkshire, and on his

way from Newbury to Abingdon despatched a letter to the barons stating

that he “could not” meet them in person at Oxford on the morrow, but

that the archbishop of Dublin, the bishop of Winchester, Pandulf, the

earls Marshal, Warren, and Arundel, and the justiciar, would be there

in his stead, “to do to you what we ought to do to you, and to receive

from you what you ought to do to us.”[1067] The archbishop of Dublin

was no longer justiciar in Ireland; Geoffrey Marsh had been, on July 6,

appointed to succeed him in that office.[1068] On the same day Walter

de Lacy had been reinstated in all his Irish lands.[1069] Throughout

the summer of this year John, busy as he was with English affairs,

had found time to pay even more attention than usual to those of his

Irish dominion. From May to July the Close and Charter Rolls are full

of letters and writs relating to the Irish March; charters to towns,

to religious houses, to individual barons, orders concerning military

arrangements and other matters of local administration,[1070] all show

such constant intervention and such personal interest on the king’s

part as to convey an impression that he was specially endeavouring to

win for himself the support of the nobles, clergy and people of the

Irish March as a counterpoise to the hostility and disaffection which

surrounded him in his English realm. It was, however, to the Continent

that he mainly looked for aid. “After much reflection,” says Roger of

Wendover, “he chose, like the Apostle Peter, to seek vengeance upon

his enemies by means of two swords, that is, by a spiritual sword and

a material one, so that if he could not triumph by the one, he might

safely count upon doing so by the other.”[1071]

The spiritual weapon was the first to be actually drawn; but even

before its first stroke fell, swords of the other kind were making

ready for the king’s service. Emissaries from him were soon busy

in “all the neighbouring lands beyond the sea,” gathering troops

by promises of rich pay and ample endowments in English land, to

be confirmed by charters if the recipients desired it.[1072] The

chancellor, Richard Marsh, was thus raising troops in Aquitaine

{August};[1073] Hugh de Boves was doing the like in Flanders. Those

whom they enlisted were to be ready to come to the king at Dover by

Michaelmas Day.[1074] John was also seeking allies in France. On

August 12 he wrote to Count Peter of Britanny, offering him a grant

of the honour of Richmond if he would come “with all speed, and

with all the knights he could bring,” ready for service against the

insurgents in England.[1075] He is even said to have tried hard, “by

enormous promises,” to gain help from Philip Augustus; but in this

quarter “others had been beforehand with him,” says the chronicler

significantly.[1076] It was not without a cause that the barons at

Runnimead had refused to write themselves John’s liegemen.

Within the realm, the royal castles were being revictualled and made

ready to stand a siege at any moment.[1077] As yet no further attempt

had been made upon any of them; but in the north the barons, or their

followers and partizans, had begun to lay waste the royal manors and

overrun the forests, cutting down and selling the timber, and killing

the deer. Again the archbishop and bishops came forward as peacemakers,

and it was arranged that the king should meet them on August 16 at

Oxford, while the barons should assemble at Brackley, there to await

the result of the churchmen’s mediation. When the day arrived, however,

the king was still in Wiltshire, and excused his absence on the ground

that he had been so ill-treated since the conclusion of the peace,

and moreover at the last conference the barons had come together in

such menacing array, that he deemed it neither safe nor prudent to

risk himself in their midst; an excuse which was practically justified

by the action of the barons themselves, who, instead of waiting at

Brackley as they had agreed to do, came “with a numerous following” to

meet the bishops at Oxford.[1078]

The bishops had now received from Rome a communication which made their

position, or at least that of the Primate, an exceedingly anxious

and painful one. In consequence, it seems, of John’s letter of May

29 Innocent had issued a commission to the bishop of Winchester, the

abbot of Reading and Pandulf, whereby he declared excommunicate all

“disturbers of the king and kingdom of England, with their accomplices

and abettors,” laid their lands under interdict, and ordered the

archbishop and his episcopal brethren, on pain of suspension from

their office, to cause this excommunication to be published throughout

the realm every Sunday and holiday till the offenders should have

made satisfaction to the king and returned to their obedience.[1079]

Ill-fitted as the barons had proved to be for the great work in which

Langton had sought to enlist them, the cause of England’s freedom was

yet too closely bound up with theirs for him to be willing to launch at

them such a sentence as this, and he had sympathized too keenly with

his country’s misery under a former interdict not to recoil from the

prospect of another. The barons, on the other hand, had been heedless

of interdict and excommunication so long as their material interests

coincided with those of the king against the Church; but the matter

would wear a different aspect in their eyes now that the situation

was reversed and their one hope was in the aid of the Church against

the king. The Pope’s mandate was shown to them and the bishops in

conference at Oxford; after three days’ deliberation {Aug. 16–18} the

bishops agreed to delay the publication of the sentence till they had

seen the king again and made one more effort to bring him to a colloquy

in London or at Staines. It was rumoured that he had gone to the coast

with the intention of quitting England altogether; and the bishops are

said to have followed him to Portsmouth, and there found that he was

actually on shipboard. He came ashore again {Aug. 23–24?}, however, to

speak with them; but he absolutely refused to hold any more personal

conferences with the barons. The bishops returned to meet the barons

at Staines on August 26, accompanied by envoys from the king, who were

charged with a protest, to be delivered in his name in the hearing

of the whole assembly, that “it was not his fault if the peace was

not carried out according to the agreement.” After long deliberation

the papal sentence was proclaimed, but with a tacit understanding

that it was to be, for the present at least, a dead letter, on the

ground that as no names were mentioned in it, the phrase “disturbers

of the king and kingdom” need not be applied to any person or group

of persons in particular, but might be interpreted by every man as he

pleased. The more violent partizans immediately applied it to the king

himself, since in their eyes he was the chief troubler of the land, and

therefore also his own worst enemy.[1080]

After placing his queen and his eldest son in safety in Corfe

castle,[1081] John had taken ship, seemingly about August 24, at

Southampton or Portsmouth, and sailed round the coast to Sandwich,

where he appears to have landed on the 28th.[1082] The barons in

London, if we may believe the report of the chroniclers, were foolish

enough to imagine that he would never land again at all.[1083] They

were now taking upon themselves, in all those counties where their

power was strong enough, to supersede both the sheriffs and the

justices and usurp their functions, parcelling out the country among

members of their own body, each of whom was to act as the chief

judicial and administrative authority in the district committed to

him.[1084] In their premature triumph they were even beginning to

talk of choosing a new sovereign, and of calling the whole baronage of

England to a council for that purpose, “since this ought to be done

by the common consent of the whole realm.”[1085] Early in September,

however, the revolutionists awoke from their dreams to find that the

king was safe in Dover castle, surrounded by a little band of foreign

soldiers who had already joined him there, and awaiting the coming of

the host which was gathering for him beyond the sea.[1086] The three

executors of the papal mandate were meanwhile insisting that now, at

any rate, the barons had unquestionably fallen under its terms, by

endeavouring to expel the king from his realm; and they excommunicated

by name several of the revolutionary leaders, together with the

citizens of London, whom they placed under interdict. These sentences,

however, were disregarded, on the plea that they were barred by a

previous appeal to the general council[1087] which was to be held at

Rome on All Saints’ Day, and which most of the English bishops were

preparing to attend. Archbishop Stephen was about to set forth, in the

middle of September, when two of the papal commissioners--Pandulf and

Bishop Peter of Winchester--went to him in person and insisted that

he should enforce the publication of the Pope’s sentence throughout

his own diocese on all the appointed days, and order his suffragans to

do the same. Stephen answered that he would take no further steps in

the matter till he had spoken of it with the Pope himself, since he

believed the sentence to be grounded on a misunderstanding of the facts

of the case. On this Pandulf and Peter denounced him as disobedient to

the Pope’s mandate, and, in accordance with its terms, suspended him

from his office.[1088]

Stephen accepted his suspension without protest. He was indeed so

grievously disappointed at the turn which affairs in England had

taken, and so hopeless of doing any further good there, that he had

almost determined not only to resign his see, but to retire altogether

from the world and bury himself in a hermitage or a Carthusian

cell.[1089] Several of the bishops visited the king before they

went over sea;[1090] we are not told whether Stephen did so; but he

certainly had the king’s permission for his journey to Rome, for on

September 10 John by letters patent took under his protection all the

archbishop’s men, goods, lands and other possessions, and forbade his

own men to do them any injury.[1091] On the 13th the king wrote again

to the Pope, asking for his counsel and aid, and complaining that

“whereas before we subjected our land to you as overlord, our barons

were obedient to us, now they have risen up violently against us,

specially on account, as they publicly declare, of that very thing.”

This letter was carried by the archbishops of Bordeaux and Dublin and

seven other envoys.[1092] Pandulf--now bishop-elect of Norwich--seems

to have gone to Rome about the same time, charged with another letter

to the Pope.[1093] But before any of these travellers had set out on

their way the Pope had drawn his sword again; and this time the sword

was a two-handed one. It was the sword of the temporal overlord of

England, as well as of the spiritual head of Christendom.

The sixty-first article of the Charter enacted, as we have seen, that

if the king should procure “from any one” a revocation or cassation

of that document, such revocation should be accounted void. The only

person, however, from whom such a thing could possibly be sought was of

course the Pope; and in so far as the Pope was concerned, the clause

was itself in feudal law null and void from the beginning, owing to

the action of the barons before the Charter was drawn up or thought

of. Whatever may have been their real share in the surrender of the

kingdom to the Pope in May 1213, they had at any rate in February

1215, if we may believe William Mauclerc (and there is no reason

for disbelieving him), put on record their full concurrence in that

transaction after it was accomplished, and even taken voluntarily

upon themselves the whole responsibility both for its accomplishment

and for its initiation.[1094] Thereby they had deprived themselves of

whatever legal pretexts they might otherwise have had for repudiating

its consequences; and foremost of those consequences was the fact that

the Pope was now legally the supreme arbiter of political affairs in

England, by a right which had been given to him by the joint action

of the king and the barons, and against which no later reservation

made between those two parties themselves (such as the sixty-first

article of the Charter) was of any force in feudal law. The framers of

the Charter seem to have been conscious of this;[1095] John, indeed,

had pointedly reminded them of it before he consented to the Charter,

telling the barons, in answer to their demands, that nothing in the

government and constitution of England ought to be, or lawfully could

be, altered without the knowledge and sanction of the Pope, now that he

was overlord of the realm; and he had publicly appealed to the Pope,

as overlord, against them and all their doings. As soon as the Charter

was sealed, he had despatched envoys to Rome to prosecute his appeal,

and to lay before Innocent a statement of his case, together with such

extracts from the Charter as were most likely to influence the Pope in

his favour. The result was that on August 24--two days before the papal

denunciation of the “disturbers of the realm” was published by the

English bishops at Staines--Innocent as temporal overlord of England

quashed the Charter, and as Pope forbade its observance by either king

or people, on pain of excommunication.[1096]

FOOTNOTES:

[926] _Rot. Claus._ vol. i. p. 166 b.

[927] W. Coventry, vol. ii. p. 217.

[928] W. Coventry, vol. ii. p. 217.

[929] _Ib._ p. 218.

[930] “Ut fama refert,” R. Wendover, vol. iii. p. 263.

[931] R. Wendover, vol. iii. pp. 263–6.

[932] _Ann. Waverl._ a. 1214; “potestate sua non bene utens, iram

baronum converti fecerat contra regem.”

[933] R. Coggeshall, p. 170.

[934] Articles of the Barons, 1215 cc. 39, 47.

[935] _Ib._ c. 8.

[936] Of the value to which these profits had risen some idea may be

gathered from the fact that a _proficuum_ of £336: 18: 8 was accounted

for as due to the Treasury in 1205 by the sheriff of Staffordshire and

Shropshire, of which two counties the united ferm was £413: 12: 4,

_Salt Archaeol. Soc. Publications_, vol. ii. pp. 129, 133. It must,

however, be added that this _proficuum_ was reduced next year to £266:

13: 4, and went down further year by year, till in 1212 it was only

about £155: 11s., _ib._ pp. 136, 138, 142, 145, 147, 151, 159. After

that year the Pipe Rolls are in confusion till 1218.

[937] Art. Bar. c. 14.

[938] _Ib._ c. 28.

[939] W. Coventry, vol. ii. pp. 214, 215.

[940] Art. Bar. c. 26.

[941] _Ib._ c. 30.

[942] _Ib._ c. 8.

[943] _Ib._ c. 13.

[944] _Ib._ c. 24.

[945] Art. Bar. c. 9.

[946] _Ib._ c. 10.

[947] _Ib._ c. 22.

[948] _Ib._ c. 1.

[949] _Ib._ c. 36.

[950] _Ib._ c. 4.

[951] _Ib._ c. 17.

[952] _Ib._ c. 3.

[953] _Ib._ c. 27.

[954] _Ib._ c. 5.

[955] Art. Bar. c. 15.

[956] _Ib._ cc. 34, 35.

[957] _Ib._ c. 31.

[958] _Ib._ c. 11.

[959] _Ib._ c. 23.

[960] _Ib._ c. 43.

[961] _Ib._ cc. 18, 20.

[962] _Ib._ c. 29.

[963] _Ib._ c. 33.

[964] _Ib._ c. 6.

[965] _Ann. Waverl._ a. 1213.

[966] R. Wendover, vol. iii. pp. 300, 301.

[967] See Note II. at end.

[968] Charter of Henry I. cc. 2, 4, 1.

[969] W. Coventry, vol. ii. p. 218.

[970] R. Wendover, vol. iii. pp. 293, 294. Cf. R. Coggeshall, p. 170.

[971] _Itin._ a. 16.

[972] He was at Worcester December 25–27; Tewkesbury, 27, 28;

Geddington, December 31, 1214; and at the New Temple in London January

7–15, 1215. _Itin._ a. 16.

[973] R. Wendover, vol. iii. p. 296. Cf. W. Coventry, vol. ii. p. 218.

[974] _Foedera_, vol. i. pt. i. p. 120.

[975] R. Wendover, _l.c._

[976] “Isti omnes conjurati Stephanum Cantuariensem archiepiscopum

capitalem consentaneum habuerunt,” _ib._ p. 298.

[977] W. Coventry, vol. ii. p. 218. It need scarcely be remarked that

the charter contains not a word on the subject. The argument evidently

was “whatever is not in the charter is contrary to it”; in other words,

“omission is prohibition.” The fact that such an argument might be used

on both sides was of course conveniently ignored.

[978] _Rot. Pat._ vol. i. p. 128.

[979] W. Coventry, vol. ii. p. 218.

[980] _Rot. Pat._ p. 130.

[981] _Rot. Claus._ vol. i. p. 187 b.

[982] _Rot. Pat._ p. 129.

[983] _Ib._ p. 130.

[984] _Foedera_, vol. i. pt. i. p. 120. See above, p. 182.

[985] _Foedera_, vol. i. pt. i. p. 127.

[986] _Ib._ p. 128.

[987] On February 2, according to R. Wendover, vol. iii. p. 296; on Ash

Wednesday (March 4), according to W. Coventry, vol. ii. p. 219, and

_Ann. Winton._ a. 1215. This latter is the likelier date; if the fact

had been known at Rome before the Pope’s letters were written, they

would almost certainly have contained some reference to it.

[988] W. Coventry, _l.c._

[989] R. Wendover, vol. iii. pp. 297, 298; M. Paris, _Chron. Maj._

vol. ii. p. 585. W. Coventry, vol. ii. p. 219, adds a bishop, Giles of

Hereford. Giles, however, was there not as bishop, but as the avenger

of his father, mother and brother--William, Maud, and the younger

William de Braose.

[990] W. Coventry, vol. ii. p. 219.

[991] _Itin._ a. 16.

[992] W. Coventry, _l.c._

[993] _Ib._

[994] R. Wendover, vol. iii. p. 298.

[995] Roger of Wendover, Walter of Coventry, and several other

annalists absurdly say that in Easter week (April 19–26) John was at,

or near, Oxford, where he was to have met the barons. John had not been

at Oxford since the Tuesday before Easter, April 13; from the 16th to

the 23rd he was in London; on the 23rd he went to Kingston, Reading

and Alton, and thence on the 26th to Clarendon; _Itin._ a. 16. On the

day he left London he granted a general safe-conduct to all persons

who should come to him in the suite of or with letters patent from the

archbishop (_Rot. Pat._ p. 134); none of the barons, however, seem to

have availed themselves of this offer.

[996] R. Wendover, vol. iii. p. 299.

[997] W. Coventry, vol. ii. p. 219.

[998] R. Wendover, _l.c._

[999] Cf. R. Wendover, _l.c._, and R. Coggeshall, p. 171.

[1000] _Rot. Pat._ p. 134 b.

[1001] _Rot. Claus._ vol. i. p. 198, 198 b: _Rot. Pat._ p. 135.

[1002] _Rot. Pat._ p. 135, 135 b.

[1003] On May 8 John announces that some horse and foot are coming over

under Gerard of Gravelines; _Rot. Pat._ p. 141.

[1004] _Ib._ p. 135(May 11).

[1005] May 7–9; _Itin._ a. 16.

[1006] _Rot. Chart._ p. 207.

[1007] R. Wendover, vol. iii. p. 299.

[1008] W. Coventry, vol. ii. p. 220.

[1009] _Rot. Pat._ p. 141.

[1010] _Rot Chart._ p. 209; _Rot. Claus._ vol. i. p. 204.

[1011] _Rot. Pat._ p. 136 b.

[1012] R. Wendover, vol. iii. pp. 299, 300; W. Coventry, vol. ii. p.

220; R. Coggeshall, p. 171; for date see _Rot. Pat._ vol. i. p. 137 b.

[1013] R. Wendover, vol. iii. pp. 300, 301.

[1014] _Itin._ a. 16, May 10–17.

[1015] _Hist. des Ducs_, pp. 147, 148. John was at Fremantle May 17–19;

thence he went to Silchester, May 19; Winchester, 19, 20; Odiham, 21,

22; Windsor, 22, 23; Winchester again, 23; _Itin._ a. 16.

[1016] _Hist. des Ducs_, pp. 148, 149.

[1017] _Rot. Pat._ p. 138.

[1018] _Ib._ p. 138 b.

[1019] Rochester castle was restored to the archbishop after the

“peace” in June. R. Wendover, vol. iii. p. 319.

[1020] _Rot. Pat._ p. 142.

[1021] _Rot. Pat._ p. 141 b.

[1022] _Foedera_, vol. i. pt. i. p. 129.

[1023] _Rot. Claus._ vol. i. p. 214.

[1024] W. Coventry, vol. ii. pp. 220, 221. Cf. R. Coggeshall, p. 171.

[1025] R. Wendover, vol. iii. p. 301.

[1026] _Itin._ a. 17. The authentic details of John’s movements at this

time are of some importance in view of Ralph of Coggeshall’s assertion

(p. 172) that he was just then so overcome with terror “ut jam extra

Windleshoram nusquam progredi auderet.”

[1027] _Rot. Pat._ pp. 142 b, 143.

[1028] R. Wendover, vol. iii. p. 301.

[1029] “In prato qui vocatur Runemad,” R. Coggeshall, p. 172.

[1030] _Ib._

[1031] R. Wendover, vol. iii. p. 302.

[1032] Stubbs, _Const. Hist._ vol. i. p. 530.

[1033] Heading of Articles of the Barons: “Ista sunt capitula quae

Barones petunt et Dominus Rex concedit.”

[1034] R. Coggeshall, p. 172. Cf. Gerv. Cant. vol. ii. p. 96.

[1035] _Rot. Pat._ p. 143. The “die Veneris” which occurs three times

in this writ is in each case an unquestionable, though unaccountable,

error for “die Lunae.”

[1036] Art. Bar. c. 49.

[1037] Art. Bar. c. 49; Magna Charta, c. 61.

[1038] M. Charta, c. 63.

[1039] _Ib._ c. 61.

[1040] M. Paris, _Chron. Maj._ vol. ii. p. 611, “Ecce vigesimus

quintus” [it should have been “sextus”] “rex in Anglia; ecce jam non

rex, nec etiam regulus, sed regum opprobrium,” etc.

[1041] M. Charta, c. 61.

[1042] _Ib._ cc. 15, 16, 60.

[1043] The twenty-five were of course all “Northerners” in the

political sense; see the list in M. Paris, _Chron. Maj._ vol. ii. p.

604.

[1044] The list of these thirty-eight is headed “Obsecutores et

Observatores,” and ends thus: “Isti omnes juraverunt quod obsequerentur

mandato viginti quinque baronum.” Another MS. adds: “Omnes isti

juraverunt cogere si opus esset ipsos XXV barones ut rectificarent

regem. Et etiam cogere ipsum si mutato animo forte recalcitraret,”

M. Paris, _Chron. Maj._ vol. ii. pp. 605, 606. Considering the

whole context, I think there can be little doubt that “rectificare

regem”--though an odd way of expressing it--really means here “to do

right to the king.”

[1045] _Rot. Pat._ p. 181.

[1046] M. Paris, _Chron. Maj._ vol. ii. p. 611.

[1047] M. Paris, _Hist. Angl._ vol. ii. p. 159.

[1048] _Rot. Pat._ p. 180 b.

[1049] _Ib._ p. 143 b.

[1050] _Ib._ p. 144.

[1051] _Ib._ pp. 144 b, 145.

[1052] _Ib._ p. 144 b.

[1053] _Ib._ p. 145 b.

[1054] _Itin._ a. 17.

[1055] _Hist. des Ducs_, p. 151.

[1056] W. Coventry, vol. ii. p. 221; _Rot. Claus._ vol. i. pp. 215–18.

[1057] W. Coventry, _l.c._

[1058] Round, _Geoffrey de Mandeville_, pp. 89, 166.

[1059] W. Coventry, vol. ii. p. 225, sums up the earl’s position and

character very suggestively: “In parte adversa erat Gaufridus de

Maundevilla comes Essexae, quem rex cingulo militari donaverat, quique

regi in XIX millibus marcarum obligatus erat pro comitissa Gloucestriae

quondam uxore sua, quam iste nuper acceperat.” See above, p. 196.

Geoffrey’s first wife had been a daughter of Robert Fitz-Walter; see

Note I at end.

[1060] W. Coventry, vol. ii. p. 221; _Ann. Dunst._ a. 1215. Cf. R.

Wendover, vol. iii. p. 319.

[1061] R. Wendover, _l.c._

[1062] _Ib._; R. Coggeshall, p. 172.

[1063] _Itin._ a. 17.

[1064] W. Coventry, vol. ii. p. 222.

[1065] R. Wendover, vol. iii. pp. 321, 322.

[1066] W. Coventry, _l.c._

[1067] _Rot. Pat._ p. 149.

[1068] _Ib._ p. 148.

[1069] _Ib._ p. 148 b.

[1070] _Rot. Claus._ vol. i. pp. 218, 218 b, 219, 219 b; _Rot. Chart._

pp. 210–13.

[1071] R. Wendover, vol. iii. p. 319.

[1072] R. Wendover, vol. iii. p. 320; where, however, the list of

emissaries is obviously incorrect.

[1073] _Rot. Pat._ p. 153, 153 b.

[1074] R. Wendover, _l.c._

[1075] _Rot. Pat._ vol. i. p. 152 b.

[1076] W. Coventry, vol. ii. p. 222.

[1077] R. Wendover, _l.c._

[1078] W. Coventry, vol. ii. p. 222.

[1079] R. Wendover, vol. iii. pp. 336–8; misplaced, as may be seen by

comparing W. Coventry, vol. ii. p. 223.

[1080] W. Coventry, vol. ii. p. 224. Cf. R. Wendover, vol. iii. p. 341.

[1081] _Hist. des Ducs_, p. 152.

[1082] John’s Itinerary, a. 17, is blank from August 22, when he was

at Wareham, to August 28, when he appears at Sandwich. The _Hist. des

Ducs_, p. 153, accounts for this blank by stating that he went by

sea from Southampton to Dover (whither he did proceed on August 31

or September 1; _Itin._ _l.c._). W. Coventry (vol. ii. p. 224) says

the bishops who left Oxford on August 19 to seek him found him just

embarked at Portsmouth, which comes to the same thing.

[1083] The absurdity of the reports given in R. Wendover (vol. iii.

pp. 320, 321) and M. Paris (_Hist. Angl._ vol. ii. pp. 160, 161) about

John’s movements at this time was pointed out long ago by Dr. Lingard,

_Hist. England_, vol. ii. p. 362.

[1084] Earl Geoffrey de Mandeville took Essex; Robert Fitz-Walter,

Northamptonshire; Roger de Cresci, Norfolk and Suffolk; the earl of

Winchester, Cambridgeshire and Huntingdonshire; William of Aubigny,

Lincolnshire; John de Lacy, Yorkshire and Nottinghamshire; Robert de

Ros, Northumberland. W. Coventry, vol. ii. p. 224.

[1085] _Ib._

[1086] _Ib._ Cf. _Hist. des Ducs_, p. 153.

[1087] W. Coventry, _l.c._

[1088] R. Wendover, vol. iii. p. 340. Cf. R. Coggeshall, p. 174, and W.

Coventry, vol. ii. p. 225.

[1089] Gir. Cambr. vol. i. p. 401.

[1090] W. Coventry, vol. ii. pp. 224, 225.

[1091] _Rot. Pat._ p. 154 b. This disposes of R. Coggeshall’s assertion

(p. 174) that Stephen went “rege invito et ei minas intentante.”

[1092] _Rot. Pat._ p. 182.

[1093] _Ib._ p. 182 b (dateless).

[1094] See above, pp. 182 and 225.

[1095] In the “Articles of the Barons,” c. 49, this reservation-clause

ran: “Rex faciet eos securos per cartas archiepiscopi et episcoporum et

magistri Pandulfi quod nihil impetrabit _a domino Papa_,” etc. In the

Charter, c. 61, “_ab aliquo_” was substituted for “a domino Papa,” and

the security to be given by letters patent of Pandulf and the bishops

was made to refer to the keeping of the Charter in general (_ib._ c.

62), instead of to that one particular point.

[1096] R. Wendover, vol. iii. pp. 322–7.

John Lackland · 第 8 / 10 章