Edward turned back from Dunbar to receive the submission of the Steward of Scotland at Roxburgh, and to welcome a large force of Welsh infantry, whose arrival enabled him to dismiss the English foot, fatigued with the slight effort of a month's easy campaigning. Thence he made his way to Edinburgh, which yielded after an eight days' siege. Stirling castle, the next barrier to his progress, was abandoned by its garrison, and there Edward was reinforced by some Irish contingents. He then advanced to Perth, keeping St. John's feast on June 24 in St. John's own town. On July 10 Balliol surrendered to the Bishop of Durham at Brechin, acknowledging that he had forfeited his throne by his rebellion. Edward continued his triumphal progress, preceded at every stage by Bishop Bek at the head of the warriors of the palatinate of St. Cuthbert. He made his way through Montrose up the east coast to Aberdeen, and thence up the Don and over the hills to Banff and Elgin, the farthest limit of his advance. He returned by a different route, bringing back with him from Scone the stone on which the Scots kings had been wont to sit at their coronation. This he presented as a trophy of victory to the monks of Westminster, where it was set up as a chair for the priest celebrating mass at the altar over against the shrine of St. Edward, though soon used as the coronation seat of English kings.
In less than five months Edward had conquered a kingdom. On August 22 he was back at Berwick, whither he had summoned a parliament of the nobles and prelates of both kingdoms, in order that the work of organising the future government of Scotland might be completed. Meanwhile a crowd of Scots of every class flocked to the victor's court and took oaths of fealty to him. Their names, along with those of the persons who made similar recognitions of his sovereignly during his Scottish progress, were recorded with notarial precision in one of those formal documents with which Edward delighted to mark the stages in the accomplishment of his task. This record, popularly styled the Ragman Roll, containing the names of about two thousand freeholders and men of substance in Scotland, is of extreme value to the Scottish genealogist and antiquary.[1] The last entries are dated August 28, the day on which Edward met his parliament at Berwick. The administration of Scotland was provided for. John, Earl Warenne, became the king's lieutenant, Hugh Cressingham, treasurer, and William Ormesby, justiciar. When the land was subdued Edward showed a strong desire to treat the people well. The only precaution taken by him against the renewal of disturbances was an order that the former King of Scots, John Comyn of Buchan, John Comyn of Badenoch, and other magnates of the patriotic party were to dwell in England, south of the Trent, until the conclusion of the war with France. As soon as his business was accomplished at Berwick, Edward turned his steps southwards. At last he seemed free to lead a great army against Philip the Fair; and, in order to prepare for the French expedition, he summoned another parliament to meet at Bury St. Edmunds on the morrow of All Souls' day, November 3. At Bury the barons, knights, and burgesses made liberal offerings for the war. But a new difficulty arose in the absolute refusal of the clergy to vote any supplies. Once more the cup of hope was dashed from Edward's lips, and he found himself forced to enter into another weary conflict, this time with his English liegemen.
[1] It is printed by the Bannatyne Club, and summarised in Cal. Doc. Scot., ii., 193-214.
So long as Peckham had lived, there had always been a danger of a conflict between Church and State. Friar John had ended his restless career in 1292, and Edward showed natural anxiety to secure as his successor a prelate more amenable to the secular authority and more national in his sentiments. The papacy remained vacant after the death of Nicholas IV. in 1292, so that there was no danger of Rome taking the appointment into its own hands, and the happy accident, which had given the monks of Christchurch a statesmanlike prior in Henry of Eastry, minimised the chances of a futile conflict between the king and the canonical electors. Eastry took care that the archbishop-elect should be a person acceptable to the sovereign. Robert Winchelsea, the new primate, was an Englishman and a secular clerk, who had taught with distinction at Paris and Oxford, but had received no higher ecclesiastical promotion than the archdeaconry of Essex and a canonry of St. Paul's, and was mainly conspicuous for the sanctity of his life, his ability as a preacher, and his zeal for making the cathedral of London a centre of theological instruction. The vacancy in, the papacy forced upon the archbishop-elect a wearisome delay of eighteen months in Italy; but at last in September, 1294, he received consecration and the pallium from the newly elected hermit-pope, Celestine V. Winchelsea on his return strove to show that a secular archbishop could be as austere in life, and as zealous for the rights of Holy Church, as his mendicant predecessors. His desire to walk in the steps of Peckham soon brought him into conflict with the king, and in this conflict he showed an appreciation of the political situation, and a power of interpreting English opinion, which made him the most formidable of Edward's domestic opponents. He gained his first victory in the parliament of 1295 by preventing the clergy from making a larger grant than a tenth. But this triumph sank into insignificance as compared with the refusal of all aid by the parliament of Bury.
A change in the papacy immensely strengthened Winchelsea's position against Edward. In December, 1294, Celestine, overpowered with the burden of an office too heavy for his strength, made his great renunciation and sought to resume his hermit life. The Cardinal Benedict Gaetano was at once elected his successor and took the style of Boniface VIII. The son of a noble house of the neighbourhood of Anagni, a canonist, a politician, and a zealot, the new pope had made personal acquaintance with Edward and England from having attended Cardinal Ottobon on his English legation, and was eager to appease discord between Christian princes in order to forward the crusade. He hated war the more because it was largely waged with the money drawn from the clergy, and was indignant that the custom of taxing the Church, which was begun under the guise of crusading tenths, had become so frequent that both Philip and Edward applied it in order to raise revenue from ecclesiastics for frankly secular warfare. Within a few weeks of his accession he despatched two cardinals to mediate peace between the Kings of France and England, and was disgusted at the long delays with which both kings had sought to frustrate his intervention. On February 29, 1296, Boniface issued his famous bull Clericis laicos, in which he declared it unlawful for any lay authority to exact supplies from the clergy without the express authority of the apostolic see. Princes imposing, and clerics submitting to such exactions were declared ipso facto excommunicate.
Boniface's contention had been urged by his predecessors, and it is improbable that he sought to do more than assert the ancient law of the Church and save the clergy all over the Latin world from exactions which were fast becoming intolerable. His object was quite general, though a pointed reference to the extortions of Edward in 1294 showed that he had the case of England before his mind. He had no wish to throw down the gauntlet to the princes of Christendom, or to quarrel with Edward and Philip, between whom he was still conducting negotiations. It was his misfortune that he was constantly forced to face fresh conditions which rendered it almost possible to apply the ancient doctrines. Strong national kings, like Edward and Philip, had already shown impatience with such traditions of the Church as limited their temporal authority. The pope's untimely restatement of the theories of the twelfth century at once involved him in his first fierce difference with Philip the Fair, and put him into a position in which he could only win peace by explaining away the doctrine of Clericis laicos. While on the continent the conflict of Church and State took the form of a dispute between the French king and the papacy, in England it assumed the shape of a struggle between Edward and the Archbishop of Canterbury.
In November, 1296, at Bury, Winchelsea admitted the justice of the French war, but pleaded the pope's decretal as an absolute bar to any grant from the clerical estate. No decision was arrived at, and the problem was discussed again in the convocation of Canterbury in January, 1297. "We have two lords over us," declared the archbishop to his clergy, "the king and the pope; and, although we owe obedience to both of these, we owe greater obedience to our spiritual than to our temporal lord." All that they could do was to entreat the pope's permission to allow them to pay Cæsar that which Cæsar by himself had no right to demand. Edward burst into a fury on hearing of this new pretext for delay. He declared that the clergy must pay a fifth, under penalty of his withdrawing his protection from a body which strove to stand outside the commonwealth. The clergy remained firm, and separated without making any grant. Thereupon, on January 30, the chief justice, John of Metingham, sitting in Westminster Hall, pronounced the clergy to be outlays. "Henceforth," he declared, "there shall be no justice meted out to a clerk in the court of the lord king, however atrocious be the injury from which he may have suffered. But sentence against a clerk shall be given at the instance of all who have a complaint against him." Winchelsea retaliated by publishing the sentence of excommunication against violators of the papal bull. Two days later the king ordered the sheriffs to take possession of the lay fees held by clerks in the province of Canterbury. A few ecclesiastics, who privately made an offering of a fifth, were alone exempted from this command.
Edward's conflict with the Church was followed within a month by a dispute of almost equal gravity with a section of the barons. He summoned a baronial parliament to assemble on February 24 at Salisbury, and went down in person to explain his plan of campaign. One force was to help his new ally, Guy of Flanders, while another was to act in Gascony. Edward himself was to accompany the army to Flanders. He requested some of the earls, including Norfolk and Hereford, to fight for him in Gascony. The deaths of Edmund of Lancaster, Gilbert of Gloucester, and William of Pembroke had robbed the baronage of its natural leaders. Earl Warenne was fully engaged in the north, and Lincoln was devoted to the king's side. The removal of other possible spokesmen made Norfolk and Hereford the champions of the party of opposition. For years the friends of aristocratic authority had been smarting under the growing influence of the crown. The time was ripe for a revival of the baronial opposition which a generation earlier had won the Provisions of Oxford. Moreover both the earls had personal slights to avenge. Hereford bitterly resented the punishment meted out to him for waging private war against Earl Gilbert in the march. Norfolk was angry because, during the last Welsh campaign, Edward had suspended him from the exercise of the marshalship. The form of Edward's request at Salisbury gave them a technical advantage which they were not slow to seize. Ignoring the broader issues which lay between them and the king, they took their stand on their traditional rights as constable and marshal to attend the king in person. "Freely," declared the earl marshal, "will I go with thee, O king, and march before thee in the first line of thy army, as my hereditary duty requires." Edward answered: "Thou shalt go without me along with the rest to Gascony". The marshal replied: "I am not bound to go save with thee, nor will I go". Edward flew into a passion: "By God, sir earl, thou shalt either go or hang". Norfolk replied with equal spirit: "By that same oath, sir king, I will neither go nor hang". The parliament broke up in disorder. Before long a force of 1,500 men-at-arms gathered together under the leadership of the constable and marshal.
During these stormy times Edward had been straining every nerve to equip an adequate army for foreign service. Once more he laid violent hands upon the wool and hides of the merchants, while a huge male—tolt, varying from forty shillings a sack for raw wool to sixty-six shillings and eightpence a sack for carded wool, was exacted for such wool as the king's officers suffered to remain in the owner's possession. Moreover, vast stores of wheat, barley, and oats, salt pork and salt beef were requisitioned all over the land. Men said that the king's tyranny could no longer be borne, and that the rights decreed to all Englishmen by the Great Charter were in imminent danger. The movement, which had begun as a defence of feudal right, became a popular revolt in favour of national liberty. The commons joined the barons and clergy in the general opposition to the headstrong king.
Edward saw that he must divide his enemies if he wished to effect his purpose. The clergy were the easiest to deal with. Boniface VIII. was already yielding in his struggle against Philip the Fair. In the bull, Romana mater of February 2, 1297, he had authorised voluntary contributions of the French clergy in the case of pressing necessity, without previous recourse to the permission of the apostolic see. The same attitude had already been taken up by the royalist clergy in England, who redeemed their outlawry by offering to the king the fifth of their revenues. In March Edward made things easier for the recalcitrants by suspending the edict confiscating the lay fees of the Church. Even Winchelsea saw the wisdom of abandoning his too heroic attitude. In a convocation, held on March 24, he practically applied the doctrine of Romana mater to the English situation. "Let each man," he declared, "save his own soul and follow his own conscience. But my conscience does not allow me to offer money for the king's protection or on any other pretext." In the event nearly all the clergy bought off the king's wrath by the voluntary payment of a fifth. Winchelsea was obdurate. His estates remained for five months in the king's hands, and he was forced, like another St. Francis, to depend on the charity of the faithful. But even Winchelsea did not hold out indefinitely. On July 14 he was publicly reconciled with the king outside Westminster Hall, and a few days later his goods were restored. On July 31 Boniface entirely receded from the doctrine of Cleritis laicos in the bull Etsi de statu. Before this could be known in England, Winchelsea told his clergy that the king had agreed to confirm the Great Charter, if they would but make a grant to carry on the French war. A little later Edward of his own authority exacted a third from all clerical revenues. This persistence in his highhanded policy made any real reconciliation between Edward and Winchelsea impossible. The king never forgave the archbishop, whose action demonstrated to all England the divided allegiance of his clergy between their two masters. Winchelsea still retained his profound distrust of the king, who had set at naught the liberties of Church and realm.
The baronial opposition was broken up by devices not dissimilar to those which neutralised the antagonism of the clergy. By strenuous efforts Edward obtained a fair sum of money for his expenses. He let it be understood that, if he took his subjects' wool, the talleys given in exchange would be redeemed when better times had arrived, and he scrupulously paid for the corn and meat that his officers had requisitioned. Meanwhile he summoned all possible fighting men from England, Wales, and Ireland to meet at London on July 7. The prospect of subjects of the crown being forced, whatsoever their feudal obligations might be, to wage war beyond sea, threatened to provoke a fresh crisis. But after many long altercations, Edward announced that neither the feudal tenants nor the twenty-pound freeholders had any legal obligation to go with him to Flanders, and offered pay to all who were willing to hearken to his "affectionate request" for their services. Under these conditions a considerable force of stipendiaries was levied without much difficulty.
Hereford and Norfolk abandoned active in favour of passive hostility. They refused to serve as constable and marshal, and Edward appointed barons of less dignity and greater loyalty to act in their place. While all England was busy with the equipment of troops and the provision of supplies, they sullenly held aloof. At last, when all was ready, Edward issued an appeal to his subjects, protesting the purity of his motives, and emphasising the inexorable necessity under which he was forced to play the tyrant in the interests of the whole realm. By the beginning of August such barons as were willing to go to Flanders began to assemble in arms at London. The young Edward of Carnarvon was appointed regent during his father's absence, and among the councillors who were to act in his name was the Archbishop of Canterbury. At last the king set off to embark at Winchelsea. While there, the earls presented to him a belated list of grievances. He refused to deal with their demand for the confirmation of the charters. "My full council," he declared to the envoys of the earls, "is not with me, and without it I cannot reply to your requests. Tell those who have sent you that, if they will come with me to Flanders, they will please me greatly. If they will not come, I trust they will do no harm to me, or at any rate to my kingdom." On August 24 he took ship for Flanders, and a few days later he and his troops safely landed at Sluys, whence they made their way to Ghent. Nearly a thousand men-at-arms and a great force of infantry, largely Welsh and Irish, swelled the expedition to considerable proportions. After all his troubles, Edward found that the loyalty of his subjects enabled him to carry out the ideal which he had formulated two years before. King and nation were to meet common dangers by action undertaken in common.
Everything else was ruthlessly sacrificed in order that the king might take an army to Flanders. The Gascon expedition was quietly dropped. But the gravest difficulty arose not from Gascony but Scotland. Edward's choice of agents to carry out his Scottish policy had been singularly unhappy. Warenne, the governor, was a dull and lethargic nobleman more than sixty-six years of age. He complained of the bad climate of Scotland, and passed most of his time on his Yorkshire estates. In his absence Cressingham, the treasurer, and Ormesby, the justiciar, became the real representatives of the English power. Cressingham was a pompous ecclesiastic, who appropriated to his own uses the money set aside for the fortification of Berwick, and was odious to the Scots for his rapacity and incompetence. Ormesby was a pedantic lawyer, rigid in carrying out the king's orders but stiff and unsympathetic in dealing with the Scots. Under such rulers Scotland was neither subdued nor conciliated. No real effort was made to track to their hiding-places in the hills the numerous outlaws, who had abandoned their estates rather than take an oath of fealty to Edward. When the English governors took action, they were cruel and indiscriminating; and often too were lax and careless. Matters soon became serious. William Wallace of Elderslie slew an English official in Clydesdale, and threw in his lot with the outlaws. He was joined by Sir William Douglas, the former defender of Berwick. By May, 1297, Scotland was in full revolt. In the north, Andrew of Moray headed a rising in Strathspey. In central Scotland the justiciar barely escaped capture, while holding his court at Scone. The south-west, the home both of Wallace and Douglas, proved the most dangerous district. There the barons, imitating Bohun and Bigod, based their opposition to Edward on his claim upon their compulsory service in the French wars. Before long the son of the lord of Annandale, Robert Bruce, now called Earl of Carrick, Robert Wishart, Bishop of Glasgow, and other magnates were in arms, and in close association with Douglas and Wallace.
Edward made light of this rebellion. Resolved to go to Flanders at all costs, he contented himself with calling upon the levies of the shires north of the Trent to protect his interests in Scotland. Early in July, Henry Percy, Warenne's grandson, rode through south-western Scotland, at the head of the Cumberland musters, and on July 7, the local insurgent leaders, with the exception of Wallace, made their submission to him at Irvine. Moreover, Edward released the two Comyns from their veiled imprisonment, and sent them back to Scotland to help in suppressing the insurrection. Henry Percy boasted that the Scots south of the Forth had been reduced to subjection. But a few days later Wallace was found to be strongly established in Ettrick forest and was threatening Roxburgh. At last Edward stirred up Warenne to return to his government. The king took the precaution of leaving some of his best warriors in England in case their services were needed against the recalcitrant barons or the Scots. Then, as has been said, on August 24 he crossed over to Flanders.
The constable and marshal were still in arms, and Winchelsea, who, in spite of his reconciliation with Edward, was in close communication with them, declined to take an active part on the council of regency. Two days before Edward took ship, Hereford and Norfolk appeared in arms at the exchequer at Westminster, and forbade the officials to continue the collection of supplies, until the Great Charter and the Charter of the Forest had been confirmed. They strove to win the support of the Londoners, who had long had a grievance against Edward for depriving them of their right to elect their own mayor, and for subjecting the city to the arbitrary rule of a warden nominated by the crown. They forbade their followers to commit acts of violence, but they made it clear that there could be no peace until the charters were confirmed.
In August, Warenne grappled with the Scottish rising, but his own incompetence, and the half-heartedness of the Scottish magnates, on whom he relied, made his task very difficult. Wallace retreated beyond the Forth, and Warenne reached Stirling on September 10 in pursuit of him. He learnt that Wallace was holding the wooded heights, immediately to the north of Stirling bridge on the left bank of the Forth, not far from the abbey of Cambuskenneth. The Steward of Scotland, who, after the collapse of the revolt in the south-west, served under Warenne, offered his mediation. But no good result came from his action, and the English suspected treachery. Wallace took up a bold attitude, scorning either compromise or retreat. He had only a small following of cavalry, but his infantry was numerous and enthusiastic. The English resolved to attack him on September 11. The Forth at Stirling was crossed by a long wooden bridge, so narrow that only two horsemen could pass abreast. It was madness to send an army over the river by such a means in the face of a watchful enemy. But not only was the English plan of battle foolish it was also carried out weakly. Warenne overslept himself, and his subordinates wasted the early morning in useless discussions and altercations. When at last he woke up, he rejected the advice of a Scottish knight to send part of his cavalry over the river by a ford which thirty horsemen could traverse abreast, and ordered all his troops to cross by the bridge.
Wallace, seeing that the enemy had delivered themselves into his hands, remained in the woods until a fair proportion of the English men-at-arms had made their way over the stream. He then suddenly swooped down upon the bridge, cutting off the retreat of those who had traversed it, and blocking all possibility of reinforcement. After a short fight the English to the north of the Forth were cut down almost to a man. The English on the Stirling side, seeing the fate of their comrades, fled in terror, and their Scots allies went over to their country men. Among the slain was the greedy Cressingham, whose skin the Scots tanned into leather. Warenne did not draw rein until he reached Berwick, and in one day all Scotland was lost. The castles of Roxburgh and Berwick alone upheld the English flag. Wallace and Moray governed all Scotland as "generals of the army of King John". Within a few weeks of their victory, they raided the three northern counties of England.
Wallace had freed Scotland, but his wonderful success taught the contending factions in England the plain duty of union against the common enemy. A new parliament of the three estates was summoned for September 30. The opposition leaders came armed, and declared that there could be no supply of men or money until their demand for the confirmation of the charters was granted. No longer content with simple confirmation, they drew up, in the form of a statute, a petition requiring that no tallage or aid should henceforth be taken without the assent of the estates. This was the so-called statutum de tallagio non concedendo which seventeenth-century parliaments and judges erroneously accepted as a statute. The helpless regency substantially accepted their demands, and, on October 12, issued a confirmation of the charters, to which fresh clauses were added, providing, with less generality than in the baronial request, that no male-tolts, or such manner of aids as had recently been extorted, should be imposed in the future without the common consent of all the realm, but making no reference to tallage.[1] Liberal supplies were then voted by all the three estates, and Winchelsea, who all through these proceedings acted as the brain of the baronage, exerted himself to explain away the last of the clerical difficulties raised by the Clericis laicos.
[1] The Latin, Articuli inserti in magna carta, given by Hemingburgh, ii., 152, is quoted as a statute in the Petition of Right of 1628, under the title De tallagio non concedendo. The view of its relation to the French Confirmatio cartavum is that taken by M. Bémont, Chartes des libertés anglaises, especially pp. xliii., xliv. and 87. It is based on Bartholomew Cotton's nearly contemporary statement (Hist. Angl., p. 337).
On November 5 the king ratified, at Ghent, the action of his son's advisers. Thus the constitutional struggle was ended by the complete triumph of the baronial opposition. And the victory was the more signal, because it was gained not over a weak king, careless of his rights, but over the strongest of the Plantagenets, greedy to retain every scrap of authority. It is with good reason that the Confirmation of the Charters of 1297 is reckoned as one of the great turning points in the history of our constitution. Its provisions sum up the whole national advance which had been made since Gualo and William the marshal first identified the English monarchy with the principles wrested from John at Runnymede. In the years that immediately followed, it might well seem that the act of 1297, like the submission of John, was only a temporary expedient of a dexterous statecraft which consented with the lips but not with the heart. But in later times, when the details of the struggle were forgotten and the noise of the battle over, the event stood out in its full significance. Edward had been willing to take the people into partnership with him when he thought that they would be passive partners, anxious to do his pleasure. He was taught that the leaders of the people were henceforth to have their share with the crown in determining national policy. Common dangers were still to be met by measures deliberated in common, but the initiative was no longer exclusively reserved to the monarch. The sordid pedantry of the baronial leaders and the high-souled determination of the king compel our sympathy for Edward rather than his enemies. But all that made English history what it is, was involved in the issue, and the future of English freedom was assured when the obstinacy of the constable and marshal prevailed over the resolution of the great king.
The expedition of Edward to Flanders lost its best chance of success through the events which retarded its despatch. While the English king was wrangling with his barons, the French king was active. On the news of the alliance of Count Guy with the English, Robert of Artois was summoned from Gascony to the north. While Philip besieged Lille, and finally took it, Robert of Artois gained a brilliant victory over the Flemings at Furnes on August 20. Meanwhile John of Avesnes, Count of Hainault, was closely co-operating with the French, and kept Edward's son-in-law and ally, John, Duke of Brabant, from sending effective help to the Flemings. Moreover, the Flemish townsmen, in their dislike of their count, were largely on the side of the French. Edward's little army could do nothing to redress a balance that already inclined so heavily on the other side. The Flemings were disappointed at the scanty numbers of the English men-at-arms, and stared with wonder and contempt at the bare-legged Welsh archers and lancemen, with their uncouth garb, strange habits of eating and fighting, and propensity to pillage and disorder, though they recognised their hardihood and the effectiveness of their missiles.[1] The same disorderly spirit that had marred the Rioms campaign still prevailed among the English engaged on foreign service. No sooner were the troops landed at Sluys on August 28, than the mariners of the Cinque Ports renewed their old feud with the men of Yarmouth, and many ships were destroyed and lives lost in this untimely conflict. Edward advanced to Bruges, where he was joined by the Count of Flanders, but the disloyalty of the townsmen and the approach of King Philip forced the king and the earl to take shelter behind the stronger walls of Ghent. Immediately on their retreat, Philip occupied Bruges and Damme, thus cutting off the English from the direct road to the sea. The Anglo-Flemish army was afraid to attack the powerful force of the French king. But the French had learnt by experience a wholesome fear of the English and Welsh archers, and did not venture to approach Ghent too closely. The ridiculous result followed that the Kings of France and England avoided every opportunity of fighting out their quarrel, and lay, wasting time and money, idly watching each other's movements.
[1] See for Flemish criticisms of the Welsh, L. van Velthem, Spiegel Historiaal, pp. 215-16, ed. Le Long, partly translated by Funck Brentano in his edition of Annales Qandenses, p. 7, a work giving full details of these struggles.
The only dignified way of putting an end to this impossible situation lay in negotiation. Edward's faithful servant, William of Hotham, the Dominican friar whom the pope had appointed Archbishop of Dublin, was in the English camp. Hotham, who had enjoyed Philip's personal friendship while teaching theology in the Paris schools, was an acceptable mediator between the two kings. A short truce was signed at Vyve-Saint-Bavon on the Lys on October 7. This allowed time for more elaborate negotiations to be carried on at Courtrai and Tournai, and on January 31, 1298, a truce, in which the allies of both kings were included, was signed at Tournai, to last until January 6, 1300. It was agreed to refer all questions in dispute to the arbitration of Boniface VIII, "not as pope but as a private person, as Benedict Gaetano". Both kings despatched their envoys to Rome, where with marvellous celerity Boniface issued, on June 30, 1298, a preliminary award. It suggested the possibility of a settlement on the basis of each belligerent retaining the possessions which he had held at the beginning of the struggle, and entering into an alliance strengthened by a double marriage. Edward was to marry the French king's sister Margaret, while Edward of Carnarvon was to be betrothed to Philip's infant daughter Isabella. The latter match involved the repudiation of the betrothal of Edward of Carnarvon with the daughter of the Count of Flanders. But all through the award there was no mention of the allies of either party. Boniface was too eager for peace to be over-scrupulous as to the honourable obligations of the two kings who sought his mediation.
The English regency, which grappled so courageously with the baronial opposition, showed an equal energy in protecting the northern counties from the Scots. About the time of the confirmation of the charters, Wallace crossed the border and spread desolation and ruin from Carlisle to Hexham. Warenne and Henry Percy, who had attended the October parliament at London, were soon back in the north. By December the largest army which was ever assembled during Edward I.'s reign[1] was collected together on the borders, and preparations were made for a winter campaign after the fashion which had proved so effective in Wales. But all that Warenne was able to accomplish was the relief of Roxburgh. The quality of the troops was not equal to their quantity, and all his misfortunes had not taught him wisdom. Early in Lent Edward stopped active campaigning by announcing that no great operations were to be attempted until his return. Thereupon Warenne sent the bulk of the troops home, and remained at Berwick, awaiting the king's arrival.
[1] Morris, Welsh Wars of Edward I., pp. 284-86.
Edward landed at Sandwich on March 14, 1298, and at once set about preparing to avenge Stirling Bridge. He met his parliament on Whitsunday, May 25, at York. The Scots barons were summoned to this assembly, but as they neither attended nor sent proxies, their absence was deemed to be proof of contumacy. A month later a large army was concentrated at Roxburgh. The earls and barons with their retinues mustered to the number of 1,100 horse, while 1,300 men-at-arms served under the king's banners for pay. Though Gascony was still in Philip's hands, the good relations that prevailed between England and France allowed the presence in Edward's host of a magnificent troop of Gascon lords, headed by the lord of Albret and the Captal de Buch, and conspicuous for the splendour of their armour and the costliness and beauty of their chargers. On this occasion Edward set little store on infantry, and was content to accept the services of those who came of their own free will. Yet even under these conditions some 12,000 foot were assembled, more than 10,000 of whom came from Wales and its march.
The leaders of the opposition were present in Edward's host. On the eve of the invasion, the impatient king was kept back by the declaration of Hereford and Norfolk that they would not cross the frontier, until definite assurances were given that the king would carry out the confirmation of the charters which he had informally ratified on foreign soil. Etiquette or pride prevented Edward himself satisfying their demand, but the Bishop of Durham and three loyal earls pledged themselves that the king would fulfil all his promises on his return. Then the two earls suffered the expedition to proceed; and on July 6 the army left Roxburgh, proceeding by moderate marches to Kirkliston on the Almond, where it encamped on the 15th. Here there was a few days' delay, while Bishop Bek captured some of the East Lothian castles which were threatening the English rear. Already there was a difficulty in obtaining supplies from the devastated country-side, and northerly winds prevented the provision ships from sailing from Berwick to the Forth. The worst hardships fell upon the Welsh infantry, who began to mutiny and talked of joining the Scots. Matters grew worse on the arrival of a wine ship, for such ample rations of wine were distributed to the Welsh that very many of them became drunk. So threatening was the state of affairs that Edward thought of retreating to Edinburgh. On July 21, however, the news was brought that Wallace and his followers were assembled in great force at Falkirk, some seventeen miles to the west. The prospect of battle at once restored the courage and discipline of the army, and Edward ordered an advance. That night the host bivouacked on the moors east of Linlithgow, "with shields for pillows and armour for beds". During the night the king, who was sleeping in the open field like the meanest trooper, received a kick from his horse which broke two of his ribs. Yet the early morning of July 22, the feast of St. Mary Magdalen, saw him riding at the head of his troops through the streets of Linlithgow. At last the Scots lances were descried on the slopes of a hill near Falkirk, and the English rested while the bishop and king heard mass. Then the army, which had eaten nothing since the preceding day, advanced to the battle.
Wallace had a large following of infantry, but a mere handful of mounted men-at-arms. He ordered the latter to occupy the rear, and grouped his pikemen, the flower of his army, into four great circles, or "schiltrons," which, with the front ranks kneeling or sitting and the rear ranks standing, presented to the enemy four living castles, each with a bristling hedge of pikes, dense enough, it was hoped, to break the fierce shock of a cavalry charge. The spaces between the four schiltrons were occupied by the archers, the best of whom came from Ettrick Forest. The front was further protected by a morass, and perhaps also by a row of stout posts sunk into the ground and fastened together by ropes.
Edward ordered the Welsh archers to prepare the way with their missiles for the advance of the men-at-arms. But the Welsh refused to move, so that Edward was forced to proceed by a direct cavalry charge. For this purpose he divided his men-at-arms into four "battles". The first of these was commanded by the Earl of Lincoln, with whom were the constable and marshal, who at last had an opportunity of serving the king in battle in the offices which belonged to them by hereditary right. On approaching the morass this first line was thrown into some confusion, and paused in its advance. Behind it the second battle, under command of the Bishop of Durham, who, perhaps, knew the ground better, wheeled to the east and took the Scots on their left flank. But Bek's followers disobeyed his orders to wait until the rest of the army came up, and they suffered heavy losses in attacking the left schiltron. Before long, however, Lincoln found a way round the morass westwards to the enemy's right, while the two rearmost battles, headed by the king and Earl Warenne, also advanced to the front. The combat thus became general. The Scots cavalry fled without striking a blow, and some of the English thought that Wallace himself rode off the field with them. The archers between the schiltrons were easily trampled down, so that the only effective resistance came from the circles of pikemen. The yeomanry of Scotland steadily held their own against the fierce charges of the mail-clad knights, and it looked for a time as if the day was theirs. But the despised infantry at last made their way to the front and poured in showers of arrows that broke down the Scottish ranks. Friend and foe were at such close quarters that the English who had no bows threw stones against the Scottish circles. When the way was thus prepared, the horsemen easily penetrated through the gaps made in the circles, and before long the Scottish pikemen were a crowd of panic-stricken fugitives. Edward's brilliant victory was won with comparatively little loss.
It was years before the Scots again ventured to meet the English in the open field. Yet the king's victory was not followed by any real conquest even of southern Scotland. Edward advanced to Stirling, where he rested until he had recovered from his accident, while detachments of his troops penetrated as far as Perth and St. Andrews. Meanwhile the south-west rose in revolt, under Robert Bruce, Earl of Carrick, whose father had fought at Falkirk. Late in August, Edward made his way to Ayr and occupied it, while Bruce fled before him. Provisions were still scarce, and the army was weary of fighting. The Durham contingent deserted in a body,[1] and the earls were so lukewarm that Edward was fain to return by way of Carlisle, capturing Lochmaben, Bruce's Annandale stronghold, on the way. On September 8 the king reached Carlisle, where the constable and marshal declared that they had lost so many men and horses that they could no longer continue the campaign. Edward tried to stem the tide of desertion by promises of Scottish lands to those who would remain with his banners. But the distribution of these rewards proved only a fresh source of discontent. At last Edward was forced to dismiss the greater part of his forces. He lingered in the north until the end of the year, but there was no more real fighting; with the beginning of 1299 he returned to the south, convinced that the disloyalty of his barons had neutralised his triumphs in the field. The few castles which still upheld the English cause in Scotland were soon closely besieged.
[1] Lapsley, County Palatine of Durham, p. 128.
During the whole of 1299 Edward was prevented by other work from prosecuting the war against the Scots. Even the borderers were sick of fighting, and Bishop Bek, who had hitherto afforded him an unswerving support with all the forces of his palatinate, was forced to desist from warlike operations by the refusal of his tenants to serve any longer beyond the bounds of the lands of St. Cuthbert. While the men of Durham abandoned the war, there was little reason to wonder at the indifference of the south country as to the progress of the Scots. In the Lenten parliament at London, the Earls of Hereford and Norfolk pressed Edward once more to fulfil his promise to carry out the confirmation of the charters. The king would not yield to their demand yet dared not refuse it. In his perplexity he had recourse to evasions which further embittered his relations with them. He promised that he would give an answer the next day, but when the morrow came, he secretly withdrew from the city. The angry barons followed him to his retreat and reminded him of his broken promise. Edward coolly replied that he left London because his health was suffering from the corrupt air of the town, and bade the barons return, as his council had his reply ready. The barons obeyed the king's orders, but their indignation passed all bounds when they found that the king's promised confirmation of the charters was vitiated by a new clause saving all the rights of the crown, and that nothing was said as to the promised perambulation of the forests. In bitter wrath the parliament broke up, and the Londoners, who shared the anger of the barons, threatened a revolt. After Easter these stormy scenes were repeated in a new parliament, and Edward was at last forced to yield a grudging assent to all the demands of the opposition, and even to appoint a commission for the perambulation of the forests. By the time the summer was at hand, the progress of the negotiations with France occupied Edward so fully that he had abundant excuse for not precipitating a new rupture with his barons, by insisting upon a fresh campaign against the Scots.
A papal legate presided over a congress of English and French ambassadors at Montreuil-sur-mer, which belonged to Edward by right of the late queen, Eleanor as Countess of Ponthieu. The outcome of these deliberations was the treaty of Montreuil, concluded on June 19, 1299. It was not the final pacification which had been hoped for. Edward indeed abandoned his Flemish allies, but Philip would not relax his hold upon Gascony, and without that a definitive peace was impossible. The treaty of Montreuil was simply a marriage treaty. Edward was forthwith to marry Margaret, and his son was to be betrothed to Isabella of France. Neither the prolongation of the truce nor the affairs of the Flemings were mentioned in it, while all that Philip did for the Scots was to provide for the liberation of the deposed King John from his English prison. As soon as the ratifications were exchanged the king, who was then sixty years of age, and his youthful bride were married on September 9 at Canterbury by Archbishop Winchelsea.
Edward's willingness to marry the sister of the king who still kept him out of Gascony can best be explained by his overmastering desire to renew operations in Scotland. Shortly after his marriage, he again busied himself with preparations for the long-delayed Scots campaign. It was high time that he took action. The English garrisons were surrendering one by one, and the Scottish magnates were deserting the English cause. Their conversion to patriotic principles was made easier by the decay of Wallace's power consequent on his defeat at Falkirk. After stormy scenes with his aristocratic rivals, Wallace withdrew from Scotland and went to the continent, where he implored the help of the King of France. Philip proved true to his new brother-in-law, and put Wallace in prison, only releasing him that he might go to Rome and enlist the sympathy of Boniface VIII. Meanwhile the Scots chose a new regency at the head of which was the younger John Comyn of Badenoch. Under these changed conditions the Scottish earls rapidly rallied round the national cause. Stirling, Edward's chief stronghold in central Scotland, was so hardly pressed that the men-at-arms were forced to eat their chargers. Yet when the English barons assembled about the beginning of winter, in obedience to Edward's summons, they stubbornly declared that they would not endure the hardships of a winter campaign until the king had fulfilled his pledges as regards the charters. Thus left to their own resources, the sorely tried garrison of Stirling surrendered to the Scots.
In March, 1300, Edward met his parliament at Westminster. Despite the straits to which he was reduced, he was still unwilling to make a complete surrender. He avoided a formal re-issue of the charters by giving his sanction to a long series of articles, drawn up apparently by the barons. These articles provided for the better publication of the charters, and the appointment in every shire of a commission to punish all offences against them which were not already provided for by the common law; together with numerous technical clauses "for the relief of the grievances that the people have had by reason of the wars that have been, and for the amendment of their estate, and that they may be more ready in the king's service and more willing to aid him when he has need of them ". This document was known as Articuli super cartas.[1] At the same time the forest perambulation, which had long been ordered, was directed to be proceeded with at once. For this reason a chronicler calls this assembly "the parliament of the perambulation".[2] The reconciliation between the king and his subjects was attested by a grant of a twentieth.
[1] It is published in Bémont's Chartes, pp. 99-108, with valuable comments; another draft analysed in Hist. MSS. Comm., 6th Report, i., p. 344.
[2] Langtoft, ii, 320.
Edward's concessions once more enabled him to face the Scots, and the summer saw a gallant army mustered at Carlisle, though some of the earls, including Roger Bigod, still held aloof. A two months' campaign was fought in south-western Scotland in July and August. But the peasants drove their cattle to the hills, and rainy weather impeded the king's movements. The chief exploit of the campaign was the capture of Carlaverock castle, though even in the glowing verse of the herald, who has commemorated the taking of this stronghold,[1] the military insignificance of the achievement cannot be concealed. Edward returned to the same district in October, but he effected so little that he was glad to agree to a truce with the Scots, which Philip the Fair urged him to accept. The armistice was to last until Whitsuntide, and Edward immediately returned to England. He had not yet satisfied his subjects, and was again forced to meet his estates.
[1] The Siege of Carlaverock, ed. Nicolas (1828).
A full parliament assembled on January 20, 1301, at Lincoln. The special business was to receive the report of the forest perambulation; and the first anticipation of the later custom of continuing the same parliament from one session to another can be discerned in the direction to the sheriffs that they should return the same representatives of the shires and boroughs as had attended the Lenten parliament of 1300, and only hold fresh elections in the case of such members as had died or become incapacitated. During the ten days that the commons were in session stormy scenes occurred. Edward would only promise to agree to the disafforestments recommended by the perambulators, if the estates would assure him that he could do so, without violating his coronation oath or disinheriting his crown. The estates refused to undertake this grave responsibility, and a long catalogue of their grievances was presented to Edward by Henry of Keighley, knight of the shire for Lancashire, and one of the first members of the third estate of whose individual action history has preserved any trace. The commons demanded a fresh confirmation of the charters; the punishment of the royal ministers who had infringed them, or the Articuli super cartas of the previous session, and the completion of the proposed disafforestments. In addition, the prelates declared that they could not assent to any tax being imposed upon the clergy contrary to the papal prohibition. Among the ministers specially signalled out for attack was the treasurer, Bishop Walter Langton, and in this Edward discerned the influence of Winchelsea, for he was Langton's personal enemy. The king's disgust at the primate's action was the more complete since Bishop Bek now arrayed himself on the side of the opposition. Edward showed his ill-will by consigning Henry of Keighley to prison. But the coalition was too formidable to be withstood. The king agreed to all the secular demands of the estates, accepted the hated disafforestments and directed the re-issue of a further confirmation of the charters, but refused his assent to the demand of the prelates. A grant of a fifteenth was then made, and Edward dismissed the popular representatives on January 30, retaining the prelates and nobles for further business. On February 14, the last confirmation of the charters concluded the long chapter of history, which had begun at Runnymede.
Edward strove to separate his baronial and his clerical enemies, and found an opportunity, which he was not slow to use, in the uncompromising papalism of Winchelsea. Boniface VIII. had no sooner settled the relations of England and France than he threw himself with ardour into an attempt to establish peace between England and Scotland. Scottish emissaries, including perhaps Wallace himself, gave Boniface their version of the ancient relations of the two crowns. On June 27, 1299, the pope issued the letter Scimus, fili, in which he claimed that Scotland specially belonged to the apostolic see, on the ground that it was converted through the relics of St. Andrew. He denied all feudal dependence of Scotland on Edward, and explained away the submissions of 1291 as arising from such momentary fear as might fall upon the most steadfast. If Edward persisted in his claims, he was to submit them to the judgment of the Roman curia within the next six months. In 1300 Winchelsea, who fully accepted the new papal doctrine, sought out Edward in the midst of the Carlaverock campaign and presented him with Boniface's letter. Edward's hot temper fired up at the archbishop's ill-timed intervention, and subsequent military failures had not smoothed over the situation. His wrath reached its climax when Winchelsea once more stirred up opposition in the Lincoln parliament, and his refusal of a demand, which the primate had astutely added to the commons' requests, showed that he was prepared for war to the knife. Edward laid the papal letter before the earls and barons that still tarried with him at Lincoln. His appeal to their patriotism was not unsuccessful. A letter was drawn up, which was sealed, then and subsequently, by more than a hundred secular magnates, in which Boniface was roundly told that the King of England was in no wise bound to answer in the pope's court as to his rights over the realm of Scotland or as to any other temporal matter, and that the papal claim was unprecedented, and prejudicial to Edward's sovereignly. A longer historical statement was composed by the king's order in answer to Boniface. It is not certain that the two documents ever reached the pope, but they had great effect in influencing English opinion and in breaking down the alliance between the baronage and the ecclesiastical party.[1] Winchelsea's influence was fatally weakened, and the period of his overthrow was at hand.
[1] See, on the barons' letter, the Ancestor, for July and October, 1903, and Jan., 1904.
The triumph over Winchelsea made Edward's position stronger than it had been during the first days of the Lincoln parliament. That assembly ended amidst the festivities which attended the creation of Edward of Carnarvon as Prince of Wales, Earl of Chester, and Count of Ponthieu. The new prince, already seventeen years of age, had made his first campaign in the previous year. But all the pains that Edward took in training his son in warfare and in politics bore little fruit, and Edward of Carnarvon's introduction to active life was only to add another trouble to the many that beset the king.
When the truce with Scotland expired, in the summer of 1301, Edward again led an army over the border, in which the Prince of Wales appeared, at the head of a large Welsh contingent. Little of military importance happened. Edward remained in Scotland over the cold season, and kept his Christmas court at Linlithgow. Men and horses perished amidst the rigours of the northern winter, and, before the end of January, 1302, the king was glad to accept a truce, suggested by Philip of France, to last until the end of November. Immediately afterwards he was called to the south by the negotiations for a permanent peace with France, which still hung fire despite his marriage to the French king's sister. The earlier stages of the negotiation were transacted at Rome, but it was soon clear to Edward that no good would come to him from the intervention of the curia. The fundamental difficulty still lay in the refusal of Philip to relax his grasp on Gascony. Not even the exaltation, consequent on the success of the famous jubilee of 1300, blinded Boniface to the patent fact that he dared not order the restitution of Gascony. "We cannot give you an award," declared the pope to the English envoys in 1300. "If we pronounced in your favour, the French would not abide by it, and could not be compelled, for they would make light of any penalty." "What the French once lay hold of," he said again, "they never let go, and to have to do with the French is to have to do with the devil."[1] A year later Boniface could do no more than appeal to the crusading zeal of Edward not to allow his claim on a patch of French soil to stand between him and his vow. With such commonplaces the papal mediation died away.
[1] See the remarkable report of the Bishop of Winchester to Edward printed in Engl. Hist. Review, xvii. (1902), pp. 518-27.
Two events in 1302 indirectly contributed towards the establishment of a permanent peace. These were the successful revolt of Flanders from French domination, and the renewed quarrel between Philip and Boniface. On May 18, the Flemings, in the "matins of Bruges," cruelly avenged themselves for the oppressions which they had endured from Philip's officials, and on July 11 the revolted townsfolk won the battle of Courtrai, in which their heavy armed infantry defeated the feudal cavalry of France, a victory of the same kind as that Wallace had vainly hoped to gain at Falkirk. Even before the Flemish rising, the reassertion of high sacerdotal doctrine in the bull Ausculta, fili had renewed the strife between Boniface and the French king. A few months later the bull Unam sanctam laid down with emphasis the doctrine that those who denied that the temporal sword belongs to St. Peter were heretics, unmindful of the teachings of Christ. Thus began the famous difference that went on with ever-increasing fury until the outrage at Anagni, on September 7, 1303, brought about the fall of Boniface and the overthrow of the Hildebrandine papacy. Meanwhile Philip was devoting his best energies to constant, and not altogether vain, attempts to avenge the defeat of Courtrai, and re-establish his hold on Flanders. With these two affairs on his hands, it was useless for him to persevere in his attempt to hold Gascony.
In the earlier stages of his quarrel with Philip, Boniface built great hopes on Edward's support, and strongly urged him to fight for holy Church against the impious French king. But Edward had suffered too much from Boniface to fall into so obvious a trap. His hold over his own clergy was so firm that Winchelsea himself had no chance of taking up the papal call to battle. Thus it was that Unam sanctam produced no such clerical revolt in England as Clericis laicos had done. It was Edward's policy to make use of Philip's necessities to win back Gascony, and cut off all hope of French support from the Scottish patriots. Philip himself was the more disposed to agree with his brother-in-law's wishes, because about Christmas, 1302, Bordeaux threw off the French yoke and called in the English. The best way to save French dignity was by timely concession. Accordingly, on May 20, 1303, the definitive treaty of Paris was sealed, by which the two kings were pledged to "perpetual peace and friendship". Gascony was restored, and Edward agreed that he, or his son, should perform liege homage for it. With the discharge of this duty by the younger Edward at Amiens, in 1304, the last stage of the pacification was accomplished. For the rest of the reign, England and France remained on cordial terms. Neither Edward nor Philip had resources adequate to the accomplishment of great schemes of foreign conquest. Though Edward got back Gascony, he owed it, not to his own power, but to the embarrassment of his rival.
While completing his pacification with Philip the Fair, Edward was busily engaged in establishing his power at home, at the expense of the clerical and baronial opposition, which had stood for so many years in the way of the conquest of Scotland. Since the parliament of Lincoln, Winchelsea was no longer dangerous. He failed even to get Boniface on his side in a scandalous attack which he instigated on Bishop Langton. His constant efforts to enlarge his jurisdiction raised up enemies all over his diocese and province, and the mob of his cathedral city broke open his palace, while he was in residence there. His inability to introduce into England even a pale reflection of the struggle of Philip and the pope showed how clearly he had lost influence since the days of ,Clericis laicos. A more recent convert to higher clerical pretensions also failed. Bishop Bek of Durham lost all his power, and was deprived of his temporalities by the king in 1302. Two years later the insignificant Archbishop of York also incurred the royal displeasure, and was punished in the same fashion. With Durham, Norhamshire, and Hexhamshire all in the royal hands, the road into Scotland was completely open.
The heavy hand of Edward fell upon earls as well as upon bishops. Even in the early days of his reign when none, save Gilbert of Gloucester, dared uplift the standard of opposition, Edward had not spared the greatest barons in his efforts to eliminate the idea of tenure from English political life. A subtle extension of his earlier policy began to emphasise the dependence of the landed dignitaries on his pleasure. The extinction of several important baronial houses made this the easier, and Edward took care to retain escheats in his own hands, or at least to entrust them only to persons of approved confidence. The old leaders of opposition were dead or powerless. Ralph of Monthermer, the simple north-country knight who had won the hand of Joan of Acre, ruled over the Gloutester-Glamorgan inheritance on behalf of his wife and Edward's little grandson, Gilbert of Clare. The Earl of Hereford died in 1299, and in 1302 his son and successor, another Humphrey Bohun, was bribed by a marriage with the king's daughter, Elizabeth, the widowed Countess of Holland, to surrender his lands to the crown and receive them back, like the Earl of Gloucester in 1290, entailed on the issue of himself and his consort. In the same year the childless earl marshal, Roger Bigod, conscious of his inability to continue any longer his struggle against royal assumptions and at variance with his brother and heir, made a similar surrender of his estates, which was the more humiliating since the estate in tail, with which he was reinvested, was bound to terminate with his life. In 1306, on the marshal's death, the Bigod inheritance lapsed to the crown. Much earlier than that, in 1293, Edward had extorted on her deathbed from the great heiress, Isabella of Fors, Countess of Albemarle and Devon, the bequest of the Isle of Wight and the adjacent castle of Christchurch. In 1300, on the death of the king's childless cousin, Earl Edmund, the wealthy earldom of Cornwall escheated to the crown. To Edward's contemporaries the acquisition of the earldoms of Norfolk and Cornwall seemed worthy to be put alongside the conquests of Wales and Scotland.[1]
[1] See John of London, Commendatio lamentabilis in Chron. of Edw. I. and Edw. II., ii., 8-9. See for the earldoms my Earldoms under Edward I. in ,Transactions of the Royal Historical Society, new ser., viii. (1894), 129-155.
Even more important as adding to Edward's resources than these direct additions to the royal domains, was the increasing dependence of the remaining earls upon the crown. His sons-in-law of Gloucester and Hereford were entirely under his sway. In 1304 the aged Earl Warenne had died, and in 1306 his grandson and successor was bound closely to the royal policy by his marriage with Joan of Bar, Edward's grand-daughter. In the same way Edward's young nephew, Thomas of Lancaster, ruled over the three earldoms of Lancaster, Derby, and Leicester, and by his marriage to the daughter and heiress of Henry Lacy, was destined to add to his immense estates the additional earldoms of Lincoln and Salisbury. Edward of Carnarvon was learning the art of government in Wales, Cheshire, and Ponthieu. The policy of concentrating the higher baronial dignities in the royal family was no novelty, but Edward carried it out more systematically and successfully than any of his predecessors. He reaped the immediate advantages of his dexterity in the extinction of baronial opposition and in the zeal of the baronial levies against the Scots during the concluding years of his reign. Yet the later history of the Middle Ages bears witness to the grievous dangers to the wielder of the royal power which lurked beneath a system so attractive in appearance.
The truce with the Scots ended in November, 1302, and Edward despatched a strong force to the north under John Segrave. On February 24, 1303, Segrave, attacked unexpectedly by the enemy at Roslin, near Edinburgh, suffered a severe defeat. The conclusion of the treaty of Paris gave Edward the opportunity for avenging the disaster. He summoned his levies to assemble at Roxburgh for Whitsuntide and, a fortnight before that time, appeared in person in Tweeddale. After seven weary years of waiting and failure, he was at last in a position to wear down the obstinate Scots by the same systematic and deliberate policy that had won for him the principality of Wales. The invasion of Scotland was henceforth to continue as long as the Scottish resistance. Adequate resources were procured to enable the royal armies to hold the field, and a politic negotiation with the foreign merchants resulted in a ,carta mercatoria by which additional customs were imposed upon English exports. These imposts, known as the "new and small customs," as opposed to the "old and great customs" established in 1275, were not sanctioned by parliamentary grant: but for the moment they provoked no opposition. Thus Edward was equipped both with men and money for his undertaking. At last the true conquest of Scotland began.
No attempt was made in the Lothians to stop Edward's advance, but the Scots, under the regent, John Comyn of Badenoch, made a vigorous effort to hold the line of the Forth against him. Their plan seemed to promise well, for Stirling castle was still in Scottish hands. Edward crossed the river by a ford, and all organised efforts to oppose him at once ceased. Prudently leaving Stirling to itself for the present, he hurried to Perth. After spending most of June and July at Perth, he led his army northwards, nearly following the line of his advance in 1296, through Perth, Brechin, and Aberdeen, to Banff and Elgin. The most remote point reached was Kinloss, a few miles west of Elgin, in which neighbourhood he spent much of September. Then he slowly retraced his steps and took up his winter quarters at Dunfermline. In all this long progress, the only energetic resistance which Edward encountered was at Brechin. Flushed with his triumph, he ordered Stirling to be besieged, and from April, 1304, directed the operations himself. The garrison held out with the utmost gallantry, but at last a breach was effected in the walls, and on July 24 the defenders laid down their arms. Long before the Scots people despaired of withstanding the invader, the nobles grew cold in the defence of their country. In February, 1304, the regent and many of the earls made their submission. It was more than suspected that this result was brought about by the threat of Edward to divide their lands among his English followers. But on Comyn and his friends showing a desire to yield, the king readily promised them their lives and estates. Believing that his task was over, Edward returned to England in August after an absence of nearly fifteen months. He crossed the Humber early in December, kept his Christmas court at Lincoln, and reached London late in February. As a sign of the completion of the conquest, he ordered that the law courts, which since 1297 had been established at York, should resume their sessions in London.
A few heroes still upheld the independence of Scotland. Foremost among them was Sir William Wallace, who, since his mission to France in 1298, had disappeared from history. The submission of the barons to Edward gave him another chance. He took a strenuous part in the struggle of 1303-4, and he was specially exempted from the easy pardons with which Edward purchased the submission of the greater nobles. It was the daring and skill of Wallace that prolonged the Scots' struggle until the spring of 1305. But he was then once more an outlaw and a fugitive, only formidable by his hold over the people, and by the possibility that the smallest spark of resistance might at any time be blown into a flame. At last he was captured through the zeal, or treachery, of a Scot in Edward's service. In August, Wallace was despatched to London to stand a public trial for treason, sedition, sacrilege, and murder. He denied that he had ever become Edward's subject, but did not escape conviction. With his execution, the last stage of Edward's triumph in Scotland was accomplished. Though the full measure of Wallace's fame belongs to a later age rather than his own, yet it was a sure instinct that made the Scottish people celebrate him as the popular hero of their struggle for independence. His courage, persistency, and daring stands in marked contrast to the self-seeking opportunism of the great nobles, who afterwards appropriated the results of his endeavours. Yet we can hardly blame Edward for making an example of him, when he fell into his power. Even if Wallace had successfully evaded the oath of fealty to Edward, it is scarcely reasonable to expect that the king would consider this technical plea as availing against his doctrine that all Scots were necessarily his subjects since the submission of 1296. It was Wallace's glory that he fought his fight and paid the penalty of it.
A full parliament of the three estates sat with the king at Westminster from February 28 to March 21, 1305. The proceedings of this assembly are known with a fulness exceeding that of the record of any of the other parliaments of the reign.[1] Among the matters enumerated in the writs as specially demanding attention was the "establishment of our realm of Scotland". Three Scottish magnates, Robert Wishart, Bishop of Glasgow, Robert Bruce, Earl of Carrick, and John Mowbray were particularly called upon to give their advice as to how Scotland was to be represented in a later parliament, in which the plans for its future government were to be drawn up. They informed the king that two bishops, two abbots, two barons, and two representatives of the commons, one from the south of the Forth and the other from the north thereof, would be sufficient for this purpose. This further "parliament" assembled on September 15, three weeks after the execution of Wallace. It consisted simply of twenty councillors of Edward, and the ten Scottish delegates. From the joint deliberations of these thirty sprang the "ordinance made by the lord king for the establishment of the land of Scotland".
[1] See Memoranda, de parliamento (1305), ed. F.W. Maitland (Rolls Series).
Following the general lines of the settlement of the principality of Wales, the ordinance combined Edward's direct lordship over Scotland with a legal and administrative system separate from that of England. John of Brittany, Earl of Richmond, the king's sister's son, was made Edward's lieutenant and warden of Scotland, and under him were a chancellor, a chamberlain, and a controller. Scotland was to be split up for judicial purposes into districts corresponding to its racial and political divisions. Four pairs of justices were appointed for each of these regions, two for Lothian, two for Galloway and the south-west, two for the lands "between Forth and the mountains," that is the Lowland districts of the north-east, and two for the lands "beyond the mountains," that is for the Highlands and islands. Sheriffs "natives either of England or Scotland" were nominated for each of the shires, and it was significant that the great majority of them were Scots and that the hereditary sheriffdoms of the older system were still continued. The "custom of the Scots and the Welsh," that is the Celtic laws of the Highlanders and the Strathclyde Welsh, was "henceforth prohibited and disused". John of Brittany was to "assemble the good people of Scotland in a convenient place" where "the laws of King David and the amendments by other kings" were to be rehearsed, and such of these laws as are "plainly against God and reason" were to be reformed, all doubtful matters being referred to the judgment of Edward. The king's lieutenant was bidden to "remove such persons as might disturb the peace" to the south of the Trent, but their deportation was to be in "courteous fashion" and after taking the advice of the "good people of Scotland". Care for the preservation of the peace, and for administrative reform, is seen in the oath imposed upon officials and in the pains taken to secure the custody of the castles. The Scots parliament was to be retained, and recent precedents also suggested the probability of Scottish representation in the parliament of England. If Scotland were to be ruled by Edward at all, it would have been difficult to devise a wiser scheme for its administration. Yet the Scottish love of independence was not to be bartered away for better government. Within six months the new constitution was overthrown, and the chief part in its destruction was taken by the Scots by whose advice Edward had drawn it up.
Edward at last felt himself in a position to take his long deferred revenge on Winchelsea. The primate still kept aloof from the councils of the king, and his spirit was as irreconcilable as ever. He gained his last victory in the Lenten parliament of 1305, when he prevented the promulgation of a statute, passed on the petition of the laity, but agreed to by all the estates, which forbade taxes on ecclesiastical property involving the exportation of money out of the country.[1] At this moment the long vacancy of the papacy, which followed the pontificate of Benedict XI., Boniface VIII.'s short-lived successor, had not yet come to an end. Soon, however, Winchelsea's zeal on behalf of papal taxation was to be ill requited. On June 5, 1305, Bertrand de Goth, a Gascon nobleman who since 1299 had been archbishop of Bordeaux, was elected to the papacy as Clement V., through the management of Philip the Fair. A dependant of the King of France and a subject of the King of England, the new pope showed a complaisance towards kings which stood in strong contrast to the ultramontane austerity of his predecessors. He refused to visit Italy, received the papal crown at Lyons, and spent the first years of his pontificate in Poitou and Gascony. Ultimately establishing himself at Avignon, he began that seventy years of Babylonish captivity of the apostolic see which greatly degraded the papacy. Though Clement's main concern was to fulfil the exacting conditions which, as it was believed, Philip had imposed upon him, he was almost as subservient to Edward as to the King of France. His deference to his natural lord enabled Edward to renounce the most irksome of the obligations which he had incurred to his subjects, to punish Winchelsea, and to restrain Roman authority by laws which anticipate the legislation of the age of Edward III.
[1] Memoranda de parliamento, preface, p. li. The statement in the text is an inference suggested by Professor Maitland's account of the statute De asportis religiosorum. For the last struggle of Edward and Winchelsea, see Stubbs's preface to Chron. of Edw. I. and Edw. II., i., xcix.-cxiii.
At Clement V.'s coronation at Lyons, in November, England was represented by Winchelsea's old enemy, Bishop Walter Langton, and by the Earl of Lincoln. The first result of their work was the promulgation, on December 29, of the bull Regalis devotionis, by which the pope annulled the additions made to the charters in 1297 and succeeding years, and dispensed Edward from the oath which he had taken to observe them, on the ground that it was in conflict with his coronation vows. Next year Edward took advantage of this bull to revoke the disafforestments made by the parliament of Lincoln in 1301. It may be a sign either of the moderation, or of the well-grounded fears of the king, that he made no further use of the papal absolution. But, like his father and grandfather, he used the papal authority to set aside his plighted word, and his conduct in this respect suggests that it was well for England that the renewal of the Scottish troubles reduced for the rest of the reign the temptation, which the bull held out to him, to play fast and loose with the liberties of his subjects. The standards of contemporary morality were not, however, infringed by Edward's action, dishonourable and undignified as it seems to us of later times