Post-classical history

CHAPTER EIGHTEEN

KING EDWARD I

FEW PRINCES HAD RECEIVED SO THOROUGH AN EDUCATION IN THE ART of rulership as Edward I when at the age of thirty-three his father’s death brought him to the crown. He was an experienced leader and a skilful general. He had carried his father on his shoulders; he had grappled with Simon de Montfort, and, while sharing many of his views, had destroyed him. He had learned the art of war by tasting defeat. When at any time in the closing years of King Henry III he could have taken control he had preferred a filial and constitutional patience, all the more remarkable when his own love of order and reform is contrasted with his father’s indolence and incapacity and the general misgovernment of the realm.

Of elegant build and lofty stature, a head and shoulders above the height of the ordinary man, with hair always abundant, which, changing from yellow in childhood to black in manhood and snow-white in age, marked the measured progress of his life, his proud brow and regular features were marred only by the drooping left eyelid which had been characteristic of his father. If he stammered he was also eloquent. There is much talk of his limbs. His sinewy, muscular arms were those of a swordsman; his long legs gave him a grip of the saddle, and the nickname of “Longshanks.” The Dominican chronicler Nicholas Trivet, by whom these traits are recorded, tells us that the King delighted in war and tournaments, and especially in hawking and hunting. When he chased the stag he did not leave his quarry to the hounds, nor even to the hunting spear; he galloped at breakneck speed to cut the unhappy beast to the ground.

All this was typical of his reign. He presents us with qualities which are a mixture of the administrative capacity of Henry II and the personal prowess and magnanimity of Cœur de Lion. No English king more fully lived up to the maxim he chose for himself: “To each his own.” He was animated by a passionate regard for justice and law, as he interpreted them, and for the rights of all groups within the community. Injuries and hostility roused, even to his last breath, a passionate torrent of resistance. But submission, or a generous act, on many occasions earned a swift response and laid the foundation of future friendship.

Edward was in Sicily when his father died, but the greatest magnates in the realm, before the tomb had closed upon the corpse of Henry III, acclaimed him King, with the assent of all men. It was two years before he returned to England for his coronation. In his accession the hereditary and elective principles flowed into a common channel, none asking which was the stronger. His conflicts with Simon de Montfort and the baronage had taught him the need for the monarchy to stand on a national footing. If Simon in his distresses had called in the middle class to aid him alike against Crown and arrogant nobles, the new King of his own free will would use this force in its proper place from the outset. Proportion is the keynote of his greatest years. He saw in the proud, turbulent baronage and a rapacious Church checks upon the royal authority; but he also recognised them as oppressors of the mass of his subjects; and it was by taking into account to a larger extent than had occurred before the interests of the middle class, and the needs of the people as a whole, that he succeeded in producing a broad, well-ordered foundation upon which an active monarchy could function in the general interest. Thus inspired, he sought a national kingship, an extension of his mastery throughout the British Isles, and a preponderant influence in the councils of Europe.

His administrative reforms in England were not such as to give satisfaction to any one of the strong contending forces, but rather to do justice to the whole. If the King resented the fetters which the Charter had imposed upon his grandfather, if he desired to control the growing opulence and claims of the Church, he did not himself assume the recaptured powers, but reposed them upon a broader foundation. When in his conflicts with the recent past he took away privileges which the Church and the baronage had gained he acted always in what was acknowledged to be the interest of the whole community. Throughout all his legislation, however varied its problems, there runs a common purpose: “We must find out what is ours and due to us, and others what is theirs and due to them.”

Here was a time of setting in order. The reign is memorable, not for the erection of great new landmarks, but because the beneficial tendencies of the three preceding reigns were extracted from error and confusion and organised and consolidated in a permanent structure. The framework and policies of the nation, which we have seen shaping themselves with many fluctuations, now set and hardened into a form which, surviving the tragedies of the Black Death, the Hundred Years War with France, and the Wars of the Roses, endured for the remainder of the Middle Age, and some of them for longer. In this period we see a knightly and bourgeois stage of society increasingly replacing pure feudalism. The organs of government, land tenure, the military and financial systems, the relations of Church and State, all reach definitions which last nearly till the Tudors.

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The first eighteen years of the reign witnessed an outburst of legislative activity for which there was to be no parallel for centuries. Nearly every year was marked by an important statute. Few of these were original, most were conservative in tone, but their cumulative effect was revolutionary. Edward relied upon his Chancellor, Robert Burnell, Bishop of Bath and Wells, a man of humble birth, who had risen through the royal chancery and household to his bishopric, and until his death in 1292 remained the King’s principal adviser. Burnell’s whole life had been spent in the service of the Crown; all his policy was devoted to the increase of its power at the expense of feudal privilege and influence. He had not been Chancellor for more than three weeks, after Edward’s return to England in 1274, before a searching inquiry into the local administration was begun. Armed with a list of forty questions, commissioners were sent throughout the land to ask what were the rights and possessions of the King, what encroachments had been made upon them, which officials were negligent or corrupt, which sheriffs “for prayer, price, or favour” concealed felonies, neglected their duties, were harsh or bribed. Similar inquests had been made before; none was so thorough or so fertile. “Masterful, but not tyrannical,” the King’s policy was to respect all rights and overthrow all usurpations.

The First Statute of Westminster in the Parliament of 1275 dealt with the administrative abuses exposed by the commissioners. The Statute of Gloucester in 1278 directed the justices to inquire by writs of Quo Warranto into the rights of feudal magnates to administer the law by their own courts and officials within their demesnes, and ordained that those rights should be strictly defined. The main usefulness of the inquiry was to remind the great feudalists that they had duties as well as rights. In 1279 the Statute of Mortmain, De Religiosis, forbade gifts of land to be made to the Church, though the practice was allowed to continue under royal licence. In 1285 the Statute of Winchester attacked local disorder, and in the same year was issued the Second Statute of Westminster, De Donis Conditionalibus, which strengthened the system of entailed estates. The Third Statute of Westminster, Quia Emptores, dealt with land held, not upon condition, but in fee simple. Land held on these terms might be freely alienated, but it was stipulated for the future that the buyer must hold his purchase not from the seller, but from the seller’s lord, and by the same feudal services and customs as were attached to the land before the sale. It thus called a halt to the growth of sub-infeudation, and was greatly to the advantage of the Crown, as overlord, whose direct tenants now increased in number.

The purpose of this famous series of laws was essentially conservative, and for a time their enforcement was efficient. But economic pressures were wreaking great changes in the propertied life of England scarcely less deep-cutting than those which had taken place in the political sphere. Land gradually ceased to be the moral sanction upon which national society and defence were based. It became by successive steps a commodity, which could in principle, like wool or mutton, be bought and sold, and which under certain restrictions could be either transferred to new owners by gift or testament or even settled under conditions of entail on future lives which were to be the foundation of a new aristocracy.

Of course only a comparatively small proportion of the land of England came into this active if rude market; but enough of a hitherto solid element was fluid to make a deep stir. In those days, when the greatest princes were pitifully starved in cash, there was already in England one spring of credit bubbling feebly. The Jews had unseen and noiselessly lodged themselves in the social fabric of that fierce age. They were there and they were not there; and from time to time they could be most helpful to high personages in urgent need of money; and to none more than to a king who did not desire to sue Parliament for it. The spectacle of land which could be acquired on rare but definite occasions by anyone with money led the English Jews into a course of shocking imprudence. Land began to pass into the hand of Israel, either by direct sale or more often by mortgage. Enough land came into the market to make both processes advantageous. In a couple of decades the erstwhile feudal lords were conscious that they had parted permanently for fleeting lucre with a portion of the English soil large enough to be noticed.

For some time past there had been growing a wrathful reaction. Small landowners oppressed by mortgages, spendthrift nobles who had made bad bargains, were united in their complaints. Italian moneylenders were now coming into the country, who could be just as useful in times of need to the King as the Jews. Edward saw himself able to conciliate powerful elements and escape from awkward debts, by the simple and well-trodden path of anti-Semitism. The propaganda of ritual murder and other dark tales, the commonplaces of our enlightened age, were at once invoked with general acclaim. The Jews, held up to universal hatred, were pillaged, maltreated, and finally expelled the realm. Exception was made for certain physicians without whose skill persons of consequence might have lacked due attention. Once again the sorrowful, wandering race, stripped to the skin, must seek asylum and begin afresh. To Spain or North Africa the melancholy caravan, now so familiar, must move on. Not until four centuries had elapsed was Oliver Cromwell by furtive contracts with a moneyed Israelite to open again the coasts of England to the enterprise of the Jewish race. It was left to a Calvinist dictator to remove the ban which a Catholic king had imposed. The bankers of Florence and Siena, who had taken the place of the Jews, were in their turn under Edward I’s grandson to taste the equities of Christendom.

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Side by side with the large statutory achievements of the reign the King maintained a ceaseless process of administrative reform. His personal inspections were indefatigable. He travelled continually about his domain, holding at every centre strict inquiry into abuses of all kinds, and correcting the excesses of local magnates with a sharp pen and a strong hand. Legality, often pushed into pedantic interpretations, was a weapon upon which he was ever ready to lay his hands. In every direction by tireless perseverance he cleansed the domestic government of the realm, and ousted private interests from spheres which belonged not only to himself but to his people.

Edward I was remarkable among medieval kings for the seriousness with which he regarded the work of administration and good government. It was natural therefore that he should place more reliance upon expert professional help than upon what has been neatly termed “the amateurish assistance of great feudalists staggering under the weight of their own dignity.” By the end of the thirteenth century three departments of specialised administration were already at work. One was the Exchequer, established at Westminster, where most of the revenue was received and the accounts kept. The second was the Chancery, a general secretariat responsible for the writing and drafting of innumerable royal charters, writs, and letters. The third was the Wardrobe, with its separate secretariat, the Privy Seal, attached to the ever-moving royal household, and combining financial and secretarial functions, which might range from financing a Continental war to buying a pennyworth of pepper for the royal cook. Burnell was a typical product of the incipient Civil Service. His place after his death was taken by an Exchequer official, Walter Langton, the Treasurer, who, like Burnell, looked upon his see of Lichfield as a reward for skilful service rather than a spiritual office.

Though the most orthodox of Churchmen, Edward I did not escape conflict with the Church. Anxious though he was to pay his dues to God, he had a far livelier sense than his father of what was due to Cæsar, and circumstances more than once forced him to protest. The leader of the Church party was John Pecham, a Franciscan friar, Archbishop of Canterbury from 1279 to 1292. With great courage and skill Pecham defended what he regarded as the just rights of the Church and its independence against the Crown. At the provincial Council held at Reading in 1279 he issued a number of pronouncements which angered the King. One was a canon against plurality of clerical offices, which struck at the principal royal method of rewarding the growing Civil Service. Another was the order that a copy of the Charter, which Edward had sworn to uphold, should be publicly posted in every cathedral and collegiate church. All who produced royal writs to stop cases in ecclesiastical courts and all who violated Magna Carta were threatened with excommunication.

Pecham bowed to Edward’s anger and waited his time. In 1281, when another provincial Council was summoned to Lambeth, the King, suspecting mischief, issued writs to its members forbidding them to “hold counsel concerning matters which appertain to our crown, or touch our person, our state, or the state of our Council.” Pecham was undeterred. He revived almost verbatim the principal legislation of the Reading Council, prefaced it with an explicit assertion of ecclesiastical liberty, and a month later wrote a remarkable letter to the King, defending his action. “By no human constitution,” he wrote, “not even by an oath, can we be bound to ignore laws which rest undoubtedly upon divine authority.” “A fine letter” was the marginal comment of an admiring clerk who copied it into the Archbishop’s register.

Pecham’s action might well have precipitated a crisis comparable to the quarrel between Becket and Henry II, but Edward seems to have quietly ignored the challenge. Royal writs of prohibition continued to be issued. Yet moderation was observed, and in 1286 by a famous writ Edward wisely ordered his itinerant justices to act circumspectly in matters of ecclesiastical jurisdiction, and listed the kinds of case which should be left to Church courts. The dispute thus postponed was to outlive both Archbishop and King.

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At the beginning of the reign relations between England and France were governed by the Treaty of Paris, which the baronial party had concluded in 1259. For more than thirty years peace reigned between the two countries, though often with an undercurrent of hostility. The disputes about the execution of the terms of the treaty and the quarrels between English, Gascon, and French sailors in the Channel, culminating in a great sea-fight off Saint-Mahé in 1293, need never have led to a renewal of war, had not the presence of the English in the South of France been a standing challenge to the pride of the French and a bar to their national integrity. Even when Philip the Fair, the French king, began to seek opportunities of provocation Edward was long-suffering and patient in his attempts to reach a compromise. Finally however the Parlement of Paris declared the Duchy of Gascony forfeit. Philip asked for the token surrender of the principal Gascon fortresses, as a recognition of his legal powers as overlord. Edward complied. But once Philip was in possession he refused to give them up again. Edward now realised that he must either fight or lose his French possessions.

By 1294 the great King had changed much from his early buoyant manhood. After the long stormy years of sustaining his father he had reigned himself for nearly a quarter of a century. Meanwhile his world had changed about him; he had lost his beloved wife Eleanor of Castile, his mother, Eleanor of Provence, and his two eldest infant sons. Burnell was now dead. Wales and Scotland presented grave problems; opposition was beginning to make itself heard and felt. Alone, perplexed and ageing, the King had to face an endless succession of difficulties.

In June 1294 he explained the grounds of the quarrel with the French to what is already called “a Parliament” of magnates in London. His decision to go to war was accepted with approval, as has often been the case in more regularly constituted assemblies.

The war itself had no important features. There were campaigns in Gascony, a good deal of coastal raiding in the Channel, and a prolonged siege by the English of Bordeaux. Any enthusiasm which had been expressed at the outset wore off speedily under the inevitable increases of taxation. All wool and leather, the staple items of the English export trade, were impounded, and could only be redeemed by the payment of a customs duty of 40s. on the sack instead of the half-mark (6s. 8d.) laid down by the Parliament of 1275. In September the clergy, to their great indignation, were ordered to contribute one-half of their revenues. The Dean of St. Paul’s, who attempted to voice their protests in the King’s own terrifying presence, fell down in a fit and died. In November Parliament granted a heavy tax upon all movable property. As the collection proceeded a bitter and sullen discontent spread among all classes. In the winter of 1294 the Welsh revolted, and when the King had suppressed them he returned to find that Scotland had allied itself with France. From 1296 onward war with Scotland was either smouldering or flaring.

After October 1297 the French war degenerated into a series of truces which lasted until 1303. Such conditions involved expense little less than actual fighting. These were years of severe strain, both at home and abroad, and especially with Scotland. Although the King did not hesitate to recall recurrent Parliaments to Westminster and explained the whole situation to them, he did not obtain the support which he needed. Parliament was reluctant to grant the new taxes demanded of it.

The position of the clergy was made more difficult by the publication in 1296 of the Papal Bull Clericis Laicos, which forbade the payment of extraordinary taxation without Papal authority. At the autumn Parliament at Bury St. Edmunds the clergy, under the leadership of Robert Winchelsea, the new Primate, decided after some hesitation that they were unable to make any contribution. Edward in his anger outlawed them and declared their lay fiefs forfeit. The Archbishop retaliated by threatening with excommunication any who should disobey the Papal Bull. For a time passion ran high, but eventually a calmer mood prevailed. By the following summer the quarrel was allayed, and the Pope by a new Bull, Etsi de Statu, had withdrawn his extreme claims.

Edward was the more prepared to come to terms with the Church because opposition had already broken out in another quarter. He proposed to the barons at Salisbury that a number of them should serve in Gascony while he conducted a campaign in Flanders. This was ill received. Humphrey de Bohun, Earl of Hereford and Constable of England, together with the Marshal, Roger Bigod, Earl of Norfolk, declared that their hereditary offices could only be exercised in the King’s company. Such excuses deceived nobody. Both the Earls had personal grudges against the King, and—much more important—they voiced the resentment felt by a large number of the barons who for the past twenty years had steadily seen the authority of the Crown increased to their own detriment. The time was ripe for a revival of the baronial opposition which a generation before had defied Edward’s father.

For the moment the King ignored the challenge. He pressed forward with his preparations for war, appointed deputies in place of Hereford and Norfolk, and in August sailed for Flanders. The opposition saw in his absence their long-awaited opportunity. They demanded the confirmation of those two instruments, Magna Carta and its extension, the Charter of the Forest, which were the final version of the terms extorted from John, together with six additional articles. By these no tallage or aid was to be imposed in future except with the consent of the community of the realm; corn, wool, and the like must not be impounded against the will of their owners; the clergy and laity of the realm must recover their ancient liberties; the two Earls and their supporters were not to be penalised for their refusal to serve in Gascony; the prelates were to read the Charter aloud in their cathedrals, and to excommunicate all who neglected it. In the autumn the two Earls, backed by armed forces, appeared in London and demanded the acceptance of these proposals. The Regency, unable to resist, submitted. The articles were confirmed, and in November at Ghent the King ratified them reserving however certain financial rights of the Crown.

These were large and surprising concessions. Both King and opposition attached great importance to them, and the King was suspected, perhaps with justice, of trying to withdraw from the promises he had given. Several times the baronial party publicly drew attention to these promises before Parliament, and finally in February 1301 the King was driven by the threats and arguments of a Parliament at Lincoln to grant a new confirmation of both charters and certain further articles in solemn form.

By this crisis and its manner of resolution, two principles had been established from which important consequences flowed. One was that the King had no right to despatch the feudal host wherever he might choose. This limitation sounded the death-knell of the feudal levy, and inexorably led in the following century to the rise of indentured armies serving for pay. The second point of principle now recognised was that the King could not plead “urgent necessity” as a reason for imposing taxation without consent. Other English monarchs as late as the seventeenth century were to make the attempt. But by Edward’s failure a precedent had been set up, and a long stride had been taken towards the dependence of the Crown upon Parliamentary grants.

Edward to a greater extent than any of his predecessors had shown himself prepared to govern in the national interest and with some regard for constitutional form. It was thus ironical, and to the King exasperating, that he found the principles he had emphasised applied against himself. The baronial party had not resorted to war; they had acted through the constitutional machinery the King himself had taken so much pains to create. Thereby they had shifted their ground: they spoke no longer as the representatives of the feudal aristocracy, but as the leaders of a national opposition. So the Crown was once again committed solemnly and publicly to the principles of Magna Carta, and the concession was made all the more valuable because remedies of actual recent abuses of the royal prerogative powers had been added to the original charters. Here was a real constitutional advance.

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In their fatal preoccupation with their possessions in France the English kings had neglected the work of extending their rule within the Island of Great Britain. There had been fitful interference both in Wales and Scotland, but the task of keeping the frontiers safe had fallen mainly upon the shoulders of the local Marcher lords. As soon as the Treaty of Paris had brought a generation’s respite from Continental adventures it was possible to turn to the urgent problems of internal security. Edward I was the first of the English kings to put the whole weight of the Crown’s resources behind the effort of national expansion in the West and North, and to him is due the conquest of the independent areas of Wales and the securing of the Western frontier. He took the first great step towards the unification of the Island. He sought to conquer where the Romans, the Saxons, and the Normans all in their turn had failed. The mountain fast nesses of Wales nursed a hardy and unsubdued race which, under the grandson of the great Llewellyn, had in the previous reign once again made a deep dint upon the politics of England. Edward, as his father’s lieutenant, had experience of the Welsh. He had encountered them in war, with questionable success. At the same time he had seen, with disapproving eye, the truculence of the barons of the Welsh Marches, the Mortimers, the Bohuns, and in the South the Clares, with the Gloucester estates, who exploited their military privileges against the interests alike of the Welsh and English people. All assertions of Welsh independence were a vexation to Edward; but scarcely less obnoxious was a system of guarding the frontiers of England by a confederacy of robber barons who had more than once presumed to challenge the authority of the Crown. He resolved, in the name of justice and progress, to subdue the unconquered refuge of petty princes and wild mountaineers in which barbaric freedom had dwelt since remote antiquity, and at the same time to curb the privileges of the Marcher lords.

Edward I, utilising all the local resources which the barons of the Welsh Marches had developed in the chronic strife of many generations, conquered Wales in several years of persistent warfare, coldly and carefully devised, by land and sea. The forces he employed were mainly Welsh levies in his pay, reinforced by regular troops from Gascony and by one of the last appearances of the feudal levy; but above all it was by the terror of winter campaigns that he broke the power of the valiant Ancient Britons. By Edward’s Statute of Wales the independent principality came to an end. The land of Llewellyn’s Wales was transferred entirely to the King’s dominions and organised into the shires of Anglesey, Carnarvon, Merioneth, Cardigan and Camarthen. The king’s son Edward, born in Carnarvon, was proclaimed the first English Prince of Wales.

The Welsh wars of Edward reveal to us the process by which the military system of England was transformed from the age-long Saxon and feudal basis of occasional service to that of paid regular troops. We have seen how Alfred the Great suffered repeatedly from the expiry of the period for which the “fyrd” could be called out. Four hundred years had passed, and Norman feudalism still conformed to this basic principle. But how were campaigns to be conducted winter and summer for fifteen months at a time by such methods? How were Continental expeditions to be launched and pursued? Thus for several reigns the principle of scutage had been agreeable alike to barons who did not wish to serve and to sovereigns who preferred a money payment with which to hire full-time soldiers. In the Welsh wars both systems are seen simultaneously at work, but the old is fading. Instead of liege service Governments now required trustworthy mercenaries, and for this purpose money was the solvent.

At the same time a counter-revolution in the balance of warfare was afoot. The mailed cavalry which from the fifth century had eclipsed the ordered ranks of the legion were wearing out their long day. A new type of infantry raised from the common people began to prove its dominating quality. This infantry operated, not by club or sword or spear, or even by hand-flung missiles, but by an archery which, after a long development, concealed from Europe, was very soon to make an astonishing entrance upon the military scene and gain a dramatic ascendancy upon the battlefields of the Continent. Here was a prize taken by the conquerors from their victims. In South Wales the practice of drawing the long-bow had already attained an astonishing efficiency, of which one of the Marcher lords has left a record. One of his knights had been hit by an arrow which pierced not only the skirts of his mailed shirt, but his mailed breeches, his thigh, and the wood of his saddle, and finally struck deep into his horse’s flank. This was a new fact in the history of war, which is also a part of the history of civilisation, deserving to be mentioned with the triumph of bronze over flint, or iron over bronze. For the first time infantry possessed a weapon which could penetrate the armour of the clanking age, and which in range and rate of fire was superior to any method ever used before, or ever used again until the coming of the modern rifle. The War Office has among its records a treatise written during the peace after Waterloo by a general officer of long experience in the Napoleonic wars recommending that muskets should be discarded in favour of the long-bow on account of its superior accuracy, rapid discharge, and effective range.

Thus the Welsh war, from two separate points of departure, destroyed the physical basis of feudalism, which had already, in its moral aspect, been outsped and outclassed by the extension and refinement of administration. Even when the conquest was completed the process of holding down the subdued regions required methods which were beyond the compass of feudal barons. Castles of stone, with many elaborations, had indeed long played a conspicuous part in the armoured age. But now the extent of the towered walls must be enlarged not only to contain more numerous garrisons, but to withstand great siege engines, such as trebuchets and mangonels, which had recently been greatly improved, and to hinder attackers from approaching to the foot of the inner walls. Now, moreover, not merely troops of steel-clad warriors will ride forth, spreading random terror in the countryside, but disciplined bodies of infantry, possessing the new power of long-range action, will be led by regular commanders upon a plan prescribed by a central command.

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The great quarrel of Edward’s reign was with Scotland. For long years the two kingdoms had dwelt in amity. In the year 1286 Alexander III of Scotland, riding his horse over a cliff in the darkness, left as his heir Margaret his granddaughter, known as the Maid of Norway. The Scottish magnates had been persuaded to recognise this princess of fourteen as his successor. Now the bright project arose that the Maid of Norway should at the same moment succeed to the Scottish throne and marry Edward, the King’s son. Thus would be achieved a union of royal families by which the antagonism of England and Scotland might be laid to rest. We can measure the sagacity of the age by the acceptance of this plan. Practically all the ruling forces in England and Scotland were agreed upon it. It was a dream, and it passed as a dream. The Maid of Norway embarked in 1290 upon stormy seas only to die before reaching land, and Scotland was bequeathed the problem of a disputed succession, in the decision of which the English interest must be a heavy factor. The Scottish nobility were allied at many points with the English royal family, and from a dozen claimants, some of them bastards, two men stood clearly forth, John Balliol and Robert Bruce. Bruce asserted his aged father’s closeness in relationship to the common royal ancestor; Balliol, a more distant descendant, the rights of primogeniture. But partisanship was evenly balanced.

Since the days of Henry II the English monarchy had intermittently claimed an overlordship of Scotland, based on the still earlier acknowledgment of Saxon overlordship by Scottish kings. King Edward, whose legal abilities were renowned, had already arbitrated in similar circumstances between Aragon and Anjou. He now imposed himself with considerable acceptance as arbitrator in the Scottish succession. Since the alternatives were the splitting of Scotland into rival kingships or a civil war to decide the matter, the Scots were induced to seek Edward’s judgment; and he, pursuing all the time a path of strict legality, consented to the task only upon the prior condition of the reaffirmation of his overlordship, betokened by the surrender of certain Scottish castles. The English King discharged his function as arbitrator with extreme propriety. He rejected the temptation presented to him by Scottish baronial intrigues of destroying the integrity of Scotland. He pronounced in 1292 in favour of John Balliol. Later judgments have in no wise impugned the correctness of his decision. But, having regard to the deep division in Scotland, and the strong elements which adhered to the Bruce claim, John Balliol inevitably became not merely his choice, but his puppet. So thought King Edward I, and plumed himself upon a just and at the same time highly profitable decision. He had confirmed his overlordship of Scotland. He had nominated its king, who stood himself in his own land upon a narrow margin. But the national feeling of Scotland was pent up behind these barriers of legal affirmation. In their distress the Scottish baronage accepted King Edward’s award, but they also furnished the new King John with an authoritative council of twelve great lords to overawe him and look after the rights of Scotland. Thus King Edward saw with disgust that all his fair-seeming success left him still confronted with the integrity of Scottish nationhood, with an independent and not a subject Government, and with a hostile rather than a submissive nation.

At this very moment the same argument of overlordship was pressed upon him by the formidable French king, Philip IV. Here Edward was the vassal, proudly defending feudal interests, and the French suzerain had the lawful advantage. Moreover, if England was stronger than Scotland, France was in armed power superior to England. This double conflict imposed a strain upon the financial and military resources of the English monarchy which it could by no means meet. The rest of Edward’s reign was spent in a twofold struggle North and South, for the sake of which he had to tax his subjects beyond all endurance. He journeyed energetically to and fro between Flanders and the Scottish Lowlands. He racked the land for money. Nothing else mattered; and the embryonic Parliamentary system profited vastly by the repeated concessions he made in the hope of carrying opinion with him. He confirmed the bulk of the reforms wrung from John. With some exceptions among the great lords, the nation was with him in both of his external efforts, but though time and again it complied with his demands it was not reconciled to the crushing burden. Thus we see the wise lawgiver, the thrifty scrutineer of English finances, the administrative reformer, forced to drive his people beyond their strength, and in this process to rouse oppositions which darkened his life and clouded his fame.

To resist Edward the Scots allied themselves with the French. Since Edward was at war with France he regarded this as an act of hostility. He summoned Balliol to meet him at Berwick. The Scottish nobles refused to allow their king to go, and from this moment war began. Edward struck with ruthless severity. He advanced on Berwick. The city, then the great emporium of Northern trade, was unprepared, after a hundred years of peace, to resist attack. Palisades were hurriedly raised, the citizens seized such weapons as were at hand. The English army, with hardly any loss, trampled down these improvised defences, and Berwick was delivered to a sack and slaughter which shocked even those barbaric times. Thousands were slain. The most determined resistance came from thirty Flemish merchants who held their depot, called the Red Hall, until it was burnt down. Berwick sank in a few hours from one of the active centres of European commerce to the minor seaport which exists to-day.

This act of terror quelled the resistance of the ruling classes in Scotland. Perth, Stirling, Edinburgh, yielded themselves to the King’s march. Here we see how Edward I anticipated the teachings of Machiavelli; for to the frightfulness of Berwick succeeded a most gracious, forgiving spirit which welcomed and made easy submission in every form. Balliol surrendered his throne and Scotland was brought under English administration. But, as in Wales, the conqueror introduced not only an alien rule, but law and order, all of which were equally unpopular. The governing classes of Scotland had conspicuously failed, and Edward might flatter himself that all was over. It was only beginning. It has often been said that Joan of Arc first raised the standard of nationalism in the Western world. But over a century before she appeared an outlaw knight, William Wallace, arising from the recesses of South-West Scotland which had been his refuge, embodied, commanded, and led to victory the Scottish nation. Edward, warring in France with piebald fortune, was forced to listen to tales of ceaseless inroads and forays against his royal peace in Scotland, hitherto deemed so sure. Wallace had behind him the spirit of a race as stern and as resolute as any bred among men. He added military gifts of a high order. Out of an unorganised mass of valiant righting men he forged, in spite of cruel poverty and primitive administration, a stubborn, indomitable army, ready to fight at any odds and mock defeat. The structure of this army is curious. Every four men had a fifth man as leader; every nine men a tenth; every nineteen men a twentieth, and so on to every thousand; and it was agreed that the penalty for disobedience to the leader of any unit was death. Thus from the ground does freedom raise itself unconquerable.

Warenne, Earl of Surrey, was Edward’s commander in the North. When the depredations of the Scottish rebels had become intolerable he advanced at the head of strong forces upon Stirling. At Stirling Bridge, near the Abbey of Cambuskenneth, in September 1297, he found himself in the presence of Wallace’s army. Many Scotsmen were in the English service. One of these warned him of the dangers of trying to deploy beyond the long, narrow bridge and causeway which spanned the river. This knight pleaded calculations worthy of a modern staff officer. It would take eleven hours to move the army across the bridge, and what would happen, he asked, if the vanguard were attacked before the passage was completed? He spoke of a ford higher up, by which at least a flanking force could cross. But Earl Warenne would have none of these things. Wallace watched with measuring eye the accumulation of the English troops across the bridge, and at the right moment hurled his full force upon them, seized the bridgehead, and slaughtered the vanguard of five thousand men. Warenne evacuated the greater part of Scotland. His fortress garrisons were reduced one after the other. The English could barely hold the line of the Tweed.

It was beyond the compass of King Edward’s resources to wage war with France and face the hideous struggle with Scotland at the same time. He sought at all costs to concentrate on the peril nearest home. He entered upon a long series of negotiations with the French King which were covered by truces repeatedly renewed, and reached a final Treaty of Paris in 1303. Though the formal peace was delayed for some years, it was in fact sealed in 1294 by the arrangement of a marriage between Edward and Philip’s sister, the young Princess Margaret, and also by the betrothal of Edward’s son and heir, Edward of Carnarvon, to Philip’s daughter Isabella. This dual alliance of blood brought the French war to an effective close in 1297, although through Papal complications neither the peace nor the King’s marriage were finally and formally confirmed until 1299. By these diplomatic arrangements Edward from the end of 1297 onwards was able to concentrate his strength against the Scots.

Wallace was now the ruler of Scotland, and the war was without truce or mercy. A hated English official, a tax-gatherer, had fallen at the bridge. His skin, cut into suitable strips, covered Wallace’s sword-belt for the future. Edward, forced to quit his campaign in France, hastened to the scene of disaster, and with the whole feudal levy of England advanced against the Scots. The Battle of Falkirk in 1298, which he conducted in person, bears a sharp contrast to Stirling Bridge. Wallace, now at the head of stronger powers, accepted battle in a withdrawn defensive position. He had few cavalry and few archers; but his confidence lay in the solid “schiltrons” (or circles) of spear men, who were invincible except by actual physical destruction. The armoured cavalry of the English vanguard were hurled back with severe losses from the spear-points. But Edward, bringing up his Welsh archers in the intervals between horsemen of the second line, concentrated a hail of arrows upon particular points in the Scottish schiltrons, so that there were more dead and wounded than living men in these places. Into the gaps and over the carcasses the knighthood of England forced their way. Once the Scottish order was broken the spearmen were quickly massacred. The slaughter ended only in the depths of the woods, and Wallace and the Scottish army were once again fugitives, hunted as rebels, starving, suffering the worst of human privations, but still in arms.

The Scots were unconquerable foes. It was not until 1305 that Wallace was captured, tried with full ceremonial in Westminster Hall, and hanged, drawn, and quartered at Tyburn. But the Scottish war was one in which, as a chronicler said, “every winter undid every summer’s work.” Wallace was to pass the torch to Robert Bruce.

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In the closing years of Edward’s life he appears as a lonely and wrathful old man. A new generation had grown up around him with whom he had slight acquaintance and less sympathy. Queen Margaret was young enough to be his daughter, and sided often with her step-children against their father. Few dared to oppose the old King, but he had little love or respect in his family circle.

With Robert Bruce, grandson of the claimant of 1290, who had won his way partly by right of birth, but also by hard measures, the war in Scotland flared again. He met the chief Scotsman who represented the English interest in the solemn sanctuary of the church in the Border town of Dumfries. The two leaders were closeted together. Presently Bruce emerged alone, and said to his followers, “I doubt me I have killed the Red Comyn.” Whereat his chief supporter, muttering “I’se mak’ siccar!” re-entered the sacred edifice. A new champion of this grand Northern race had thus appeared in arms. King Edward was old, but his will-power was unbroken. When the news came south to Winchester, where he held his Court, that Bruce had been crowned at Scone his fury was terrible to behold. He launched a campaign in the summer of 1306 in which Bruce was defeated and driven to take refuge on Rathlin island, off the coast of Antrim. Here, according to the tale, Bruce was heartened by the persistent efforts of the most celebrated spider known to history. Next spring he returned to Scotland. Edward was now too ill to march or ride. Like the Emperor Severus a thousand years before, he was carried in a litter against this stern people, and like him he died upon the road. His last thoughts were on Scotland and on the Holy Land. He conjured his son to carry his bones in the van of the army which should finally bring Scotland to obedience, and to send his heart to Palestine with a band of a hundred knights to help recover the Sacred City. Neither wish was fulfilled by his futile and unworthy heir.

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Edward I was the last great figure in the formative period of English law. His statutes, which settled questions of public order, assigned limits to the powers of the seigneurial courts, and restrained the sprawling and luxurious growth of judge-made law, laid down principles that remained fundamental to the law of property until the mid-nineteenth century. By these great enactments necessary bounds were fixed to the freedom of the Common Law which, without conflicting with its basic principles or breaking with the past, imparted to it its final form.

In the constitutional sphere the work of Edward I was not less durable. He had made Parliament—that is to say, certain selected magnates and representatives of the shires and boroughs—the associate of the Crown, in place of the old Court of Tenants-in-Chief. By the end of his reign this conception had been established. At first it lacked substance; only gradually did it take on flesh and blood. But between the beginning and the end of Edward’s reign the decisive impulse was given. At the beginning anything or nothing might have come out of the experiments of his father’s troubled time. By the end it was fairly settled in the customs and traditions of England that “sovereignty,” to use a term which Edward would hardly have understood, would henceforward reside not in the Crown only, nor in the Crown and Council of the Barons, but in the Crown in Parliament.

Dark constitutional problems loomed in the future. The boundary between the powers of Parliament and those of the Crown was as yet very vaguely drawn. A statute, it was quickly accepted, was a law enacted by the King in Parliament, and could only be repealed with the consent of Parliament itself. But Parliament was still in its infancy. The initiative in the work of government still rested with the King, and necessarily he retained many powers whose limits were undefined. Did royal ordinances, made in the Privy Council on the King’s sole authority, have the validity of law? Could the King in particular cases override a statute on the plea of public or royal expediency? In a clash between the powers of King and Parliament who was to say on which side right lay? Inevitably, as Parliament grew to a fuller stature, these questions would be asked; but for a final answer they were to wait until Stuart kings sat on the English throne.

Nevertheless the foundations of a strong national monarchy for a United Kingdom and of a Parliamentary Constitution had been laid. Their continuous development and success depended upon the King’s immediate successor. Idle weaklings, dreamers, and adventurous boys disrupted the nascent unity of the Island. Long years of civil war, and despotism in reaction from anarchy, marred and delayed the development of its institutions. But when the traveller gazes upon the plain marble tomb at Westminster on which is inscribed, “Here lies Edward I, the Hammer of the Scots. Keep troth,” he stands before the resting-place of a master-builder of British life, character, and fame.

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