of pa! < ti are eet) 5 O = ay #4 ily agy = 1875 3 THE ws To poy OF oe N G LAN VOL. Ih THE mf SS SO: 8 YY OF EN GL AN DS FROM THE INVASION OF JULIUS CESAK TO The REVOLUTION in 1685 In EIGHT VOLUMES. By DAVID HUME, Efq; V-O-4.-01, A NEW EDITION, Correéted. LON DON: Printed for T. Cavett, in the Strand. MDCCLXXIII. Ce Ne SE eas § OFTHE SECOND VOLUME, SN LEE 8 ey: ay a R-EGie AcRa Det The king’s preparations for the crufade——Sets out on the crufade Tranfattions in Sicily ———King’ arrival in Paleftine———State of Palefine—— Diforders in England——The king's heroic adtions in Palefine——His return from Palefines-— Captivity in Germany——War with France—— The king’s delivery——Return to England—— War with France——Death——and charaéer of the king——Mifcellaneous tranfattions of this reign. Page & CHAP. x JO: Begg Acceffion of the king~——His marriage ——War with France——Murder of Arthur, duke of Britanny ——The king expelled from all the French pro- vinces——The king’s quarrel. with the court of Rome—— Cardinal Langton appointed archbifbop 8 of CF con TE DN TS. of Canterbury——InterdiZ of the kingdom —se Excommunication of the king—~—The king’s fub- miffion to the pope——Difcontents of the barons —— Infurrettion of the barons——-Magna Charta ——Renewal of the civil wars——Prince Lewis called over-——Death———and charatier of the king. Page 39 APPEN -DI.X I. The FEuDAL and Ancro-NORMAN GOvERNMENT and MANNERS. Origin of the feudal law——Its progre[s——Feudal government of England——The feudal parliament The commons——Fudicial power ——Reve- nue of the crown——Commerce——The church —— Civil laws—— Manners. 10! Cah A..P.- ST. a ae TY Settlement of the government——General pacification ——Death of the proteétor——Some commotions ——Hubert de Burgh difplaced——T he bifbop of Winchefter minifier——King’s partiality to foreign- ers —— Grievances—— Eeclefiaftical grievances ——ELarl of Cornwal eletted king of the Romans ——Difcontent of the barons——Simon- de ~ Mountfort earl of Leicefter——Provifions of Ox- ford——Ufurpation of the barons Prince.Ed- waa CON TEN TS: ward Civil wars of the barons——Referente to the king of France Renewal of the civil wars——Battle of Lewes——Houfe of commons —— Battle of Evefoam and death of Leicester —— Settlement of the government——Death——and charatier of the king———Mifcellaneous tranfac- tions of this reign. Page 143 CHAP. XIII. ED. WeATR Dh Civil adminiftration of the king Conqueft of Wales ——Affairs of Scotland——Competitors for the crown of Scotland ‘Reference to Edward—— Homage of Scotland—— Award of Edward in fa- vour of Baliol——War with France——Digref- fion concerning the conftitution of parliament War with Scotland——Scotland fubdued——W ar with France Diffenfions with the clergy Arbitrary meafures——Peace with France Revolt of Scotland ———T hat kingdom again fubdued ——again revolts ——is again fubdued——Robert Bruce Third Revolt of Scotland——Death—— and charaéter of the king——-Mifcellaneous tranf- actions of this reign. 232 CR ACP. ANG Bp ew AY RD ae Weaknefs of the king His paffion for favourites —— Piers Gavafton Difcontent of the barons m—— Murder of Gavafton——W ar with Scotland i ——EBattle 2 ang ony SE Infiitution of the garter CaNFEMMDS ——- Battle of Bannockburn—-—Hugh le Defpenfer ———Civil commotions——-Execution of the Karl of Lancafter-——Confpiracy againft the king-——— Infurreftion——T he king dethroned: Murdered ——His charatitr——MifceHaneous tranfaéfions in this reign. Page 327 Cem. F.-Y, E D-W.A-R. D Ti, War with Scotland——Ewecution of the earl of Kent ——Lxecution of Mortimer, earl of March——~ State of Scatland——W ar with that kingdom—— King’s claim to the crown of France---—Prepara- tions for war with France——War——Naval vittory———Dameftic .difturhances——~ Affairs >of Britanny—-~—Renewal of the war with Frauce -—-Invafion of France——-Battle of Creey— War with Scotland Captivity of thé. king: of Scots Calais taken. 371 CHAP. XVI. State of Frante— Battle of Poittiers——Captivity of ‘the kin? of France——State of that kingdom——Invafion of France——Peace of Bretigni——State of France ——Expedition into Coaftile——Rupture with France——Ill fuccefs of the Englifa——Death of the prince of Wales——Death——and chara&er of the king———Mifcellaneous tranfolhions in this reign. £47 THE OES EME ere. & cot HA RD I. CT j The king’s preparations for the crufade——Sets out on the crufade Gian thas loo heer ote ts hh ee ee Lranjaciton. 1M OtC1Ly——- King $ arrival in Paleftine—— State of Pale orders in England Paleftine—— His tivity in Germany—— king’s delivery-—-] 0 : L nae 44 with France 1B, As Apll wdaaneae Senye eine oF king —— Mifcellaneous tLLiOuS 2} this reig te wT . CDi a > : SEY od Pe HE compunétion of Richard, for his t & behaviour towards his father, was durable, and US flo AAU atthe influenced him innuenced nim and fervants a efion. /Thofe who had fecond- and favoured his rebellio: that truft and honour which they expe t You. Il. B to 2 HISTORY OF ENGLAND: iforace with the new kings ae "defpited by him. 1189¢ The faithful minifters of Henry, who had vigoroufly op- pofed all the enterprizes of his fons, were received with open ans, and were continued in thofe offices which ed to their former matter *. ates aaitass pee be the refult of reflection ; £ rd, fo much guided by paffion, but in a prince, like Ric and fo little by policy, it was commonly afcribed to a principle ftill more virtuous and more ho nourable. RicHARD, that he might make atonement to one pa- HARD rent for his br rders for re leafing the queen -dov vager from the confine- ich of duty to the other, immediately fent ment in which fhe had long ete detaine ed 5 and he en- land, till his to We brother John trufted her with arrival in that king was rather profufe a saat ‘ts udent. Befides beftowing on him the county of Mortaigne in Normandy, granting hima penfion of four thoufand marks Sse and mar- rying him to Avifa, the daughter of the earl of Glocefter, by whom he inher ited all the poflefiions of that opulent family ; he increafed this appanage, which the late kin sad deftined him, by other extenfive grants and concef- fions. He conferred on him the whole eftate of William Peverell, which had efcheated to the crown: He put him on of eight caftles, with all the forefts and ho- anexed to them: He delivered over to him no lefs than fix earldoms, Cornwal, Devon, Somerfet, Notting- > 3 & rfet, Lancafter and Derby. And endeavouring, by favours, to fix that vicious prince in his duty, he put it too much in his power, whenever he pleafed, to depart pelled more by the love of military glory acted, from the beginning of his for the crue fade, # Hoveden, p. 655. Bened, Abb, p. 547. M. Paris, Ps 107s reign, ~ hE BH AOR reign, as if the fole purpofe of h the relief of the Holy Land, and lem from the mous on rre and were apt a. profe I I every kit extortion, The induftry and had put them in poff ther Barre oT satION enabled ther European navons, enabdied ereft, on the wife 1 biting their appearance at his coronati them, br prefumed, 4 CHAP. ms Ra eed 4189, HISTORY OF ENGLAND. houfes, which they plundered, after having murdered the owners ; where die Jews barricadoed their doors; and defe aed themfelves with vigour, the rabble fet fire to the houfes, and made way through the flames to exercife their’ lage and violence ; the ufual li icentioufnefs of London, which the fovereign power with difficulty reftrained, broke out with fury, and continued thefe outrages ; the houfes though Chriftians, were n éd and plundered ; and wearinefs and fatiety at laft put an end to the diforder: Yet when the king impowered Glanville, the jufticiary, to enquire into the authors of thefe crimes, the guilt was found to involve fo many of of the rich citizens, ext attack the moft confiderable citizens, that it was deemed more prudent to drop the profecution ; and very few fuffered But the diforder nts of the other the punifhment due to this enormity. The inhabita land, hearing of this flaughter of the Jews, In Y ork, 0 hundred of that na= tion, who had retired into the caftle {topped not at London. cities of En imitated the example : themfelves ible to defend the p own. wives and children, threw the dea walls upon the popt I ere: | i » &ahe n the flames. houf ea 6 1 ? c Z bourhood, who were all indebted to the Jews, ran to ‘the cathedral, where their bonds were kept, and made a es: , Se folemn bonfire of the pap: altar. “he com- g thefe events, g over this impious England, wi edit, made it im= ce of a fteady of eed es Jer ren the people durable war, even on thei they fin =] m= i) regular me » Gale's Colled, vol. iis p, 263. RVC HH -A-Re DA tions like thofe into Paleftine, which were more the re of popular frenzy than of fober reafon or deliberate policy. « ~\ ~~] Richard, therefore, knew, that he muft carry with him all the treafure requifite for his enterprize, and that both the remotenefs of his own country and its poverty n it unable to furnifh him with thofe continued. fupplies, which the Pete cies of fo peritate a war muft necef hundred thoufand ars and the king, negligent of every 7 a ae leration, but his prefent objet, end ment this fum by all expedients, how perni o the public, or “dangerous to royal es: He put to fale the revenues and manors of the crown ; offices of t and power, even thofe of and fhe which anciently were fo important ‘, € nal ; the in whofe ha was Was told to riush fame p nt the e ; Many of the champion 1 ot tiiell ve Ve pure! escu PD: 1 ] “ Lo it; and Richard, who ftood lefs money, difpenfed, on thefe conditions, Soo ee ARUN Ee eg TEs. = ried fo little s of Roxborough and 2) Berwic, had been made by ne the courfe of his victorious reign; ang iomage of William in the, ufual terms, s which that prince held in Eng- ks and ftations were op= Menaces were employed Pysde in order to ex- a chi ian race P a 7 itiage oe ee Melee Cit of his diipieature, to lend him Walica, ne knew, f ? ould never be in his power to repay, facrificed eyery intereft and fecatiin tn the faccels of thix pious enterprize, car- earance of fanétity in his condu@, that Fulk, curate of Neuilly, a zealous preacher of the crufade, who from that merit had acquired the privilege f {peaking the boldeft truths, advifed him to rid himfelf ] of his notorious Gx particularly his pride, avarice, and vo] uptuoufnefs, da ed the king’s three favourite 1ughters. u counfel well, replied Richard; and I here- é of the fecond to the Be- relates. Ricwarp, jealous of attempts which might be made on England during his abfence, laid prince John, as well as as his natural brother Geoffrey, archbifhop of York, un- der engagements, confir by their oaths, that neither of them fhould enter om till his return; though he thought proper, before his departure, to withdraw this prohibition, The adminiftration was left in the hands of Hugh, bifhop of Durham, bifhop of Ely, whom he appointed jufticiaries and guar- dians of the realm, The latter was a Frenchman of mean birth, and of a violent c haracier ; who b of Longchamp, y art and uddrefs f Hoveden, p, 662, Rymer, vol, i, p64, M, Well, p.257. RoLCHAR D4 7 had infinuated himfelf into favour, whom Richard had C HA P. engaged the pope ___ authority, that, by 4189. created chancellor, and whom he h alfo to inveft with the legantiz centering every kind of power in his perfon, he mi the better enfure the public tranquillity. All the mi- litary and turbulent {pirits flocked about the perfon of | the king, and were impatient to diftinguifh themfel ve inft the infidéls in Afia; whither his inclinations, hi cs 1$ ments, led him, and whither he was impelled t “4 from the king of France, ready to embark in th enterprize Tue emperor Frederic, a prince of great fpirit and conduét, had already taken the road to Paleftine at the head of 150,000 men, collected from Germany and all the northern ftates. Having furmounted ey thrown in his way by the artifices of the Gree : and the power of the infidels, he had penetrated to the borders of Syria ; sii bathing in the cold river Cydnus, during the ereateft heat of the fummer-feafon, { 1ich put an end to his life and his a mortal diftemper, w mand ef his > Nad r the co rafh enterprize fon Conrade, reacl but was fo diminifhed by fatigue, famine, maladies, aoe the fword, that it fearcely amounted to eight thoufand men; and was ua- / o 3 abl ake any procrefs asain the able to make any progreis agajnic the power, Va- Jour, and conduct of Saladin. attending the crufades, had taught France and England the nece at of trying to the Holy Land; and they determined to armies thither by fea, to carry provifions alo rer to ma and by meaus of their naval Be" communication with their own ftates, and with the weftern T1992 - Cc het | Re * OY yr eR FT on arts of Europe. The place of rendezvous wa 29th junes ao in the plains of Vezelay, on the borders of Bur; eundy BS & Bened, Abb, p. 556. h Hoveden, p. 660, Philip a2?) > 8 HISTORY OF ENGLAND. CHAP. Phili td and Richard, on their arrival there, found their F , armies amount to 100,000 men‘; a mighty force, ani- 1190. King fets out on the ¢crufade, 4th Sept. — S 5? r by 2 vv on every occafion, to the defigns of his a provident, interefted, deceitful, failed not to take ail ad- *79% vantages againft him: And thus, both the circumftances - difpofition in w they were fimilar, and thofe 1 ; differed, rendered it impoffible ot perfevere in that harmony, ch was fo nece fuccefs of th THE laft c who had marr apes OF STE eS) PORE eee bh Serene tee) ee eter Peer ry we eS ithout iffue, had bequeathed his dominions to | tci a ft ‘ L te y Lonitantia, tae Only le es wWiho f s8 cD . a . Vivine or inoger, the rit 10vel 1 } It with the ro title Py te oe * been honoured With the royai tite, ICEIS 114aG, 1 J ¢ expectation of that rich inheritance, been married to 1 maintained hi claim eftorts of the Ge1 mans!,. The approacl ders naturally gave nfions for his unfl iin, whether he had moft reafon to dread the overnment; and al » French or of the Engliff¥ monar hat} tL fs faemidahle nrnree: and he wae notinificcet: | both theie formidable princes, ana ne Was Not uniucceisiul in | inj not i a ENGLAND. jo HIS EORY «OF C HA P. reftored queen Joan to her liberty ; and even found meang XxX, 4 P a ~~~ to make an alliance with Richard, who ftipulated by ¥ige: treaty-to marry his nephew, Arthur, the young duke of e daughters of Tancred™, But Britanny, to one of before alous both of Tancred and of the inhabitants of Meflina, 1 tak burl had pof- ye oY +4 thio taihierho cen up his quarters in the fuburbs, ms of friendfhip were fettled, Richard, f of afmall fort, whichc guard againft their ‘The citizens took umbrag Mutual infults pafied between them and the En Philip, d his troops in the town, enteaoures t purpofe. hile the two Seid meet- ing in the open fields fon of this extraordinary movement ®, from their power, and inflamed ] with f , wanted but a pretence for attack- ing the Meffinefe: ‘They foon chaced them off the field, drove them into the town, and entered with them at the gates. ‘The ki rity to reftrain them from pillaging and maflacring the defencelefs inhabitants ; but he gave orders, in token of his victory, that the ftand- ard of England fhould be ere&ted on the walls. Philip, r employed his aut who ceukieres that place as his quarters, exclaimed he infult, and ordered fome of his troops to pull own ie ftandard: But Richard informed him by a mef- r, that, though he himfelf would willingly remove t ground of offence, he would not permit it to be done by others ; and if the French king attempted fuch an in- fult upon him, he fhould not fucceed but by the utmoft m Hoveden, p. 676, 677. Bened, Abb, Pp: 6x5, = Bened, Abb. Pp. 608, effufion Re: 2 AsR wD | effution of blood. this fp haughty fubmiffion, The difference ft the remains 1190. eaft of the two mo- wn {¢ IWiL ie TANCRED, who, for his flame their mutual hatred, employed an a might have been attended with confequences {till more fatal. He sa Richard a letter, figned by the French 719% king, and delivere; ed to % om eel * which that monarch defired Tat nded, by the duke ancred te fall upon the quarters ae the Englith, and promifed to affift him in putting them to the fword, as common ene- mies. “The unwary Richard gave credit to the informa- tion; but was too candid not to betray his difcontent to Philip, who abfolutely denied the letter, and charged the Sic the prince with forgery and fehood. ‘+! - - either was, or }: a. 1 expedient itarted a new more dangerous than honour of Philiy a trez ftrenuoufly on being al- 7 ray x , - ¥ a a | alee pilick iowed to m y fAlICe © rance, he Nad only fought a pretence never meant to taxe to 1 + f ey p is ] ++h his bed a princefs fr a criminal amour with own father. After ef that alli k meafures for efpoufing . } : ¥ T "11 rengaria, Sanchez, king of Navarre, with whom he had become enamoured during his ab pode in @ Hayveden, p. 674. Pp Ibid, p, 688, Bened, Abb. p, 642, 643. Brompton, ps 1195s Guienne ; ¥2 C HAP. Guienne 3: X, t » princefs at \V T1gt. f2th April, HISTORY OF ENGLAND. Philip renewed to him his applications for efpoufing his fifter Alice, Richard was suliged to give him ] te refufal. It is pretended by Hoveden and other / rians , that he was able to fuch convincing proofs of Alice’s Ss and her having born a child to Henry, that her bro- & q n his applications, and chofe to wrap up the difhonour of his family in filence and oblivion. «It is J certain, from the treaty itfelf, which Cen ae thats whatever were his motives, he permitted Richard to give his has troverfies with that prince, he imt Holy Land. his mot nd to Berengaria; and having fettled all other con- 1 ladrons, returned owagel ion eet, on leaving the port of Meffina, ous tempeit ; and the fquadron, on which | the two pri embarked, was driven on the coaft of Cyprus, and fome of the veflels were wrecked near Limiffo in Ifaac, prince of Cyprus, r nt title of empe the fhips that were firanded, threw the who affumed the pillazed feamen and paf- into prifon, and even refufed to the princefles tA their in thei dangerous fituation, of entering the har- bour of Limiffo. But Richard, who arrived foon after, me . ook nple venc "7 5 ong s cp took ample geance on him for the injury. He difem- barked his troops ; defeated the tyrant t, who oppofed his landing ; entered Limiflo by ftorm ; gained next day a eCAr res Y a Lt. = c

Wnrnidan ans, fuch as reftorins 1 prifoners, and the delivery of the wood of and this great enterprize, which had lo: attention of all Europe and Afia, was : lofs of 300,000 men, brought to a I Burt Philip, inftead of purfuing tl } . : conqueit, and of redeeming the holy cit being difgufted with the afcendant aflumex by Richard, and havi ing views of many ac he mi reap by his prefence in Europe, dec refolution of returning to France ; and bad ftate of health as an excufe for his de on of the common caufe. He left, however, to Richard fand of his Bi ITg ru I 3 a lit ah th Yoninitie ate rae hoftilities ag that prince’s dominions during fence. But he had no fooner reached Italy leftine IIT. fora difpenfation f vow ; and when denied that requeft, s, under the command of 1e renewed his oath never to con 1 | pplied to pope Ce though after a covert manner, in a prefent fituation of England rendered invitii eratifed in an eminent degree, both his refe ? 5 2 his ambition. ss” begun his march to the holy land, the who he had appointed guz ardians of the re: into animofities againft each other, and threw the king @ This true crofs was loft in the battle of Tiberiade, to which it carried by the crufaders for their protection. Rigord, an at s, that after this difmal event, all the children who were born t endom, had only twenty or twenty-two teeth, inflead of jetwo, which was their former complement. p. 14, 16 HISTORY OF ENGLAND. C HAP.dom into combuftion. Longchamp, prefumptuous in ip »his nature, elated by the favour which he enjoyed with 1 antine > commiffion, his mafter, and arr ; could not fubmit to an equ: Ss ham: He even went fo far as to ee his colleague, and to extort from him a refignation of the earldom of Northumberland, and of his other dignities, as the price informed of thefe diffentions, rfeilles, that the bifhop ;; but Longchamp had ffill the boldnefs to refufe compliance, on Satire that he himfelf was better acqu intentions*, He proce of his liberty ordered, by letters from fhould be reinftated in his off s fecret i t fole authority ; to treat all the era and to difplay his power and riches with an invidious oftentation. He never travelled without a ftrone cuard o o of fifteen hundred foreign foldiers, collected aes that licentious tribe, with which the age was generally in feft- ed: Nobles and knights were proud of bei admitted into his train: His retinue wore the afpect of royal mag- nificence: And when, in his progrefs through the king- dom, he lodged in any monaftery, his attendants, it is faid, were fufficient to devour, in one n the revenue feveral years‘. The king, who was detained in Europe longer than the haughty prelate expected, hearing of this oftentation, which exceeded even what the habits of that age indulged to ecclefiaftics ; being alfo informed the infolent, tyrannical conduct of his minifter ; hought proper to reftrain his power: He fent new orders, appointing Walter archbifhop of Roiien, William Mare- fhal earl of Strigul, Geoffrey Fitz-Peter, William Brie- were, and Hugh Bardolf, counfellors to Longchamp, ro) =) b Hoveden, p. 665. Kayghton, p. 2403 ¢ W. Heming, p- 528. @ Hoveden, p, 680, Be aed Abb, p. 626, 700. Bromp- WON, P. 1193. and and commanding without their concurrence ard approbation. by his viol ror had this man impre Dr 1 ¢ general duct, that even the archbifhop of Roiien and the Strigul durft not serie this m2: and Longc late of the k eh al ari uncontrouled autho- + hamp fill n he proceeded fo far as libifhop of York, who ] ti ~ ee clefia ical rity over the nation. to throw into prifon had oppofed his meafures privileges excited fuch an uni John, difgufted with the fmall fhare he poffefled in the government, and perfonally difobliged by Longchamp, ventured to fummon at ding a general council of the nobility and prelate Longchamp thoug their Hands, and he fhut himfe don ; but being foon obliged to furrender tl fled beyond fea, concealed under a f deprived of his offices ae laft of which vy Roiien, a prelate of prudence and moderatior office of legate, however, which Longchamp by pope Celeftine, ftanding his abfence, great autl 1 enabled him to difturb the governm erred on the the views of Philip, who watc! ty of P ‘ BR ichiedeestomurions he Rate annoying Richard’s dominions. That firit attempted to carry open war into Normandy ; but as the French nobility refafed to follow him in an invafion of a ftate which they had fworn to protect,.and as the pope, who was the general cae of all pri trigue. He PERS prince at ANS his tenes promifed him his fifter Alice in marriage; offered to give him Vou, I. Cc poflefiion mig) "4 red -to his mpa co ertioi ¢ ae } ] nromp PpLea i {Ll he moit Al cuftom of roreflor, 20°C -) za nit the 4iil List & ig to offend and affront him. The it its of Tyre, who TAP. 10h] an. had ttod *y ) r . -: = ] he prince demanded { TIG2. er bevinnin 7 ; atonement: Conrade tr Fhe prince iffued the fatal ives in ¢ Cc S guaras, openly, in the. itreet i idon, Vv ded him blow came. Richar Though that monarch f | \ li = ea ALE ai AA tce, Crate ayowed the action in a form ferrat, whofe cley: filled all Europe ‘with exe Pp. 124 3. Diceto, p. 680 _ CH ALP: Xx. Tn aiend 1192. HISTORY OF ENGL AND. ino the dominions of a prince, whom he himfelf had ed with fo much glory in a deferted, and who was engas nowledged to be the common caufe war, univerfally ack of Chriftendom. Bur Richard’s heroic actions in Paleftine were the beft apology for his condu &. The Chriftian adventurers under his command determined, on opening the cam- attempt the fiece of Afcalon, in order to pre- paign, to pare the way for that of Jerufalem; and they marched along the fea-coaft with that intention. -Saladin propofed lace; and he placed himfelf on the to intercept their pailag an army, amounting to 300,000 combatants. afion was fought one of the greateft battles of road w that age; and the moft celebrated, for the military ge- nius of the commanders, for the number and valour of the troops, and for the. great variety of events which attended it. Both thesright wing of the Chriftians, commanded by d’Avefnes, and the left, conducted by the duke of Bu ys were, in the beginning of the day, broken and defeated; when Richard, who led on the main body, reftored the battle ; attacked the enemy with 4 intrepidity and prefence of mind; performed the part both of a confummate gencral and gallant foldier ; and not only gave his two wings leifure to recover from their con- fufion, but obtained a complete victory over the Sara- cens, of whom forty thoufand are {aid to have perifhed in the field !,. Afcalon foon after fell into the hands of the Chriftians : Other fieges were carried on with equal fuccefs: Richard was even able to advance within fight of Jerufalem, the object of his enterprize; when he had the mortification to find, that he muft abandon all hopes of immediate fuccefs, and muft put a flop to his career of vidtory. The crufaders, animated with an en- 1 Hoveden, p, 698, Bened. Abb, p. 6773 Dicsto, p. 662 Brompton, pi E2%4s thufiaftic oke at fi srofecution of their immediate afliftance of purpofe ; and heaven, fet nothing before their eyes but fame and victory iis world, and a crown of glory in the next. But fence from home, fatigue, difeafe, want, and the of incidents which naturally attend war, ‘bal ora- abated that fury, which nothing was able direCtly to ena and every one, except the king of Eng- land, exprefled a defire of fpeedily returning into Eu- rope. [he Germans and the Italians declared their refolution of defifting from the enterprize: The French were ftill more obftinate in this purpofe: The duke of Burgundy, in order to pay court to Philip, took all op- portunities of mortifying and oppofing Richard ™: And there appeared an, abfolute neceffity of abandoning for the prefent all hopes of farther conque ft, and.of fecuring the acquifitions of the Chriftians by an sivorhiineta tian with Saladin. Richard, therefore, concluded a truce with that monarch; and ftipulated, that Acre, Joppa, and other feaport towns of Paleftine, fhould remain in the hands of the Chriftians, and that every one of that religion fhould have liberty to perform his pilgrimage to Jerufa- lem unmolefted. ‘ This truce was concluded for three years, three months, three weeks, three days, and three hours ; a magical number, which had probably been de- vifed by the Europeans, and which was fuggefted by a fuperftition well fuited to the object of the war. Tue liberty, in which Saladin indulged the Chriftians, to perform their pilgrimages to Jerufalem, was an eafy facrifice on his part ; and the furious wars, which he waged in defence of the barren territory of Judea, were not with him, as with the European adventurers, the refult of fuperftition, but of policy. The advantage indeed of m Vinifauf, p. 380. C3 {cience, as Min etn? ine King s return from Pale particular, difplayed during the courfe of the war, a ! en his bigotted enemies | re, - Richard 5 eae 2 2 1 carried with him more of the guilty. of aé€ts of ferocity, ; celebrated victories. When of Acre, the to the number and the Saracens upon the Chriftians ladin died at Damafcus foon after 1ces Of the crufade: It ore he expired, he ordered his neet to be Carricd as ard through every while a crier went before, and pro- is 1s all that remains to the By his laft will, in e peor, without lahometan, ‘uce, no bufinefs of im- intricues of his de him i near Aquileia, he pu a fire —s MS oe ee ee a ee { av 7 C oO ® ba 2 = o be ten * Q ae 4 > » oO 4] bes a - < 2 mae Pant cS ™ - — : S = mA es Ses ; n=] © t + ar “4 3 ~ 3 +d J = a a & =) ‘ Les) w S “ Re s aoe 3 = le 3 S ~ c w : ¢ eee t ee ) SS aah gle * QO = 69 } UO - é ) ¢ = FP ~~ wo } i ¥ ‘ { ¥ ad FS j en mm bd om Ls + ie i. r)\ A a Psat se a V2 “es wi : ae a. te O 4 in vu . a tr seep _ Pa oO UO bp * Bi ws Hage 2 Gia wy PPE on 2. oe ie ah ty oP BEe Bro! cp ee ? . dpa - n~ ) 3 e nl at ihe wu 4 G ot rH , a oto 3 WA ae - aaa 3 g 6 te anes i aS PE det ot wed - =e “AS SE ee om ee BP us iy 3 sine PO = == 35 = ST OPES ace nen Sa BSS — . HISTORY OF ENGLAND, mpatience of the queen-mother ; and the regency of Eng- and were, for a long time, left to ftruggle alone with all their domeftic and foreign enemies. Tue king of France, quickly informed of Richard’s age ‘from the emperor %, prepared > confinement by a mefi himfelf to take advantage of that incident ; and he em- ployed every means of force and intrigue, of war and ne- gotiation, againft the dominions and the perfon of his unfortunate rival. He revived the calumny of Richard’s aflafinating the marquis of Montferrat ; and by that ab- furd pretence, he induced his barons to violate their oaths, i. which they had engaged, that, during the crufade, they never would, on any account, attack the dominions of the king of England. Hemade the emperor the largeft offers, if he would deliver into his hands the royal pri- foner, or at leaft detain him in perpetual captivity: He even formed an alliance by marriage with the king of Denmark, defired that the ancient Danifh claim to the crown of England fhould be transferred to him, and foli- tain it. But the moft fuccefsful of Philip’s negotiations was with prince John, cited a fupply of fhipping to main who, forgetting every tye to his brother, his fovereign, and his benefactor, thought of nothing but how to mak lis own advantage of the public calamities. That traitor, on the firft invitation from the court of France, fuddenly went abroad, had a conference with Philip, and madea treaty, of which the object was the perpetual ruin of his unhappy brother. He ftipulated to deliver into Philip’s hands a great part of Normandy"; he received, in return, the inveftiture of all Richard’s tranfmarine dominions ; and it is reported by feveral hiftorians, that he even did homage to the French king for the crown of England. In confequence of this tréaty, Philip invaded Nor- mandy ; and by the treachery of John’s emiflaries, made 4 Rymer, vol, is p. 700 ¥ Tid, p, 8 himfelf Rt se rt AR iD ‘i himfelf mafter, without oppofition, of many fortrelles Neuf-chatel, Neaufle, Gifors, Pacey, Ivreé: 1 le; and = ae form the fieee of Roiien, he threatened to pr es of Eu and Auma habitants to the fword, if they dared to ae refiftance. pily, Robert earl of Le peared in that critical ant nobleman, who had acquired great honour during the crufade, and who, being more fortu- : : i ; nate than his mafter in finding paflage homewards, e command in Roiien, and exerted himfelf, by his exhortations and example, to infufe courage into the difmayed Normans. Philip was repu ilfed in every attack; the time of fervice from his vaflals ene ; and he con- ented to a truce with the Enelifh regency, received in S ) yo return the promife of 20,000 marks, and had four caftles put into his hands, as fecurity for the payment *. hn, who, with a view of encreafing the ge- went over to England, was ftill lefs fuccefsful in his enterprizes. He was only able to make himfelf mafter of the caftles of Windfor-and Wallingford ; but when he arrived in London, and claimed the king- dom as heir to his brother, of whofe death he pretended to have received certain intelligence, he was rejected by gll the barons, and meafures were taken to oppofe and fubdue him t.. The jufticiari fupported by the general affection of the Pe ople, provided fo well for the defence of the kingdom, that John was obliged, after fome fruit- lefs efforts, to conclude a truce with them; and before jts expiration, he thought it prudent to return into France, where he openly acknowledged his alliance with Philip". Mean while, the high fpirit of Richard fuffered in Germany every kind of infult and indignity. The French s Hovyeden, p. 730, 732+ Rymer, vol, ir Pp $i, t Hoveden, P- 724, u W. Heming, p, $36 9 ambafladors, mr ey in torg oh cee 3 malefactor. | empire ah orem and mifdemeanors ; lan cco w o the ufurper of againft a Chriftian yr the ar Cyprus; of els with ie marquis of with Saladin, and in the hands of the Saracen emperor * ken by his misfortunes, by thefe frivolous or ] a Fen re r rouzea ast. ie before that great oer Sd He obferved he had no. hand in Tan- ered’ treaty with a Fist hat if he had at anv time hx to the ficiently uaaiied ame me em- ro-iv7re’ Pap he's reive eacn ouiers i ern INnvLMAITIEs, ket ya") — QD > " ow o purfue a flight offence with fuch unre-C. HA P. 3 [hat 1 id. {uth ; appeared by , the king of France, or he was moft 1493: } that 1 seITAY le proaduc ii own that, hOowevel it ee aegis + } Se ci nds net Soe QE | yee se % egret the neceflity, | from being afhamed of g in that ‘ted only by his own remains of his national troops, ym the moft power- ey Cee = -}3) Hodes had os ful and warlike em} e Eaft had ever yet ] Dp = * 5 2 < rie produced. Richard, af 1ing to apologize for his conduct, burft out into indignation at the cruel treat- ment which he ha own country, be obliged ) and a malefac- so thereby nro 1, be thereby pre- rom redeeming the communication ; and Hen: V5) Q 1¢ pro- Hath ill 7 pofals 28 HISTORY OF ENGLAND. CHA P. pofals of the king of France and prince John, found that icable for him to execute his and their terry it would be imp 1193- bafe purpofes, or to detain the king of England any longer The King’s jn captivity. He therefore concluded with him a treaty delivery. ¥ : whee str eed to reftore him to his freedom ? 3 : : for his ranfom, and ; for the fum of 150,000 marks, about 300,000 pounds of our prefent money; of which 100,000 marks were to be paid before he received his liberty, and fixty-feven ho- ftages delivered for the remainder *. ‘The emperor, as if to glofs over the infamy of this tranfaction, made at the snt to Richard of the kingdom of Arles, fame time a prefei comprehending Provence, Dauphiny, Narbonne, and other ftates, over which the empire had fome antiquated ait ; a prefent which the king very wifely neglected. THE Aaa of the fuperior lord was one of the cafes provided for by the feudal tenures ; and all the vaflals were in that event obliged to give an aid for his ranfom, ‘Twenty fhillings were therefore levied on each knight’s fee in England ; but as this money came in flowly, and was not fufficient for the intended purpofe, the voluntary zeal of the people readily fupplied the deficiency. The churches and monafteries melted down their plate, to the amount of 30,000 marks ; the bifhops, abbots, and no- bles, paid a fourth of their yearly rent; the parochial gy contributed a tenth of their tythes: And the re- quifite fum being thus colleGted, queen Eleanor, and y1og,_ Walter archbifhop of Roien, fet out with it for Ger- 4th Feo, many; paid the money to the emperor and the duke of Auftria at Mentz; delivered them hoftages for the remainder; and freed Richard from captivity. His cler efcape was very critical. Henry had been detected in the affaffination of the bifhop of Liege, and in an attempt of a like nature on the duke of Louvaine ; and finding him- felf extremely obnoxious to the German princes on account = Rymer, vol. i, p, $4, 2 23C a AS oa ot: 29 of thefe odious practices, he had determined to feek fup- C HAPs X. port from a a alliance with the king of France ; to detain pad Richard, . enemy of that prince, in perpetual captivity; *%24 to keep in his hands the money which he had already re- ceived for his ranfom ; and to’extort frefh fums from Philip and oonatiseeine who were very liberal in their offers to him. He therefore gave orders that Richard fhould be purfued and arrefted ; ae the king, making all imaginable hafte, had already embarked at the mouth of the Sch elde, and was out of fight of land, when the meflengers of the em~- or reached Antwerp. Tue joy of the Englifh was extreme on the appear- gue arpa turn to Enge ance of seis monarch, who had fuffered fo many cala- land. 2othMarch, mities, whe had acquired fo much glory, and who had ts 3 fpread the reputation of their name into the fartheft Eaft, whither their fame had never before been able to extend. He gave them, foon after his arrival, an opportunity of difplaying publicly their exultation, by ordering himfelf to be crowned anew at Winchefter ; as if he intended, by that ceremony, to reinftate himfelf in his throne, and to wipe off the ignominy of his captivity, “Their fatisfac- tion was not damped, even when he declared his purpofe of refuming all thofe exorbitant grants, which he had been neceffitated to make before his departure for the Holy Land. The barons alfo, in a great council, confifeated, on account of his treafon, all prince John’s poffeffions in LO2 England ; and they a affifted the king in reducing the for- trefles which {till remained in the hands of his brother’s adherents’. Richard, hav n fettled every thing in Eng- land, pafled over with an army into Normandy ; being impatient to make war on Ph ilip, and to revenge himfelf for the. many injuries which he had received from that monarch z, So foon as Philip heard of the king’s deli Hoveden, p.737- Ann. Waverl. p. 265. W, Hemings pr 5404 & Hoyeden, p. 740e yery 20 2 HISTORY OF ENGLAND, C HAP. very from captivity, he wrote to his confederate, John, yv J / . wry~~w in thefe terms: Take care of yoi FI94. War with France, The devil is broken lofi martial mo- Bio the pride incidents, Thich attended: that hatiliti- f, whicn attended tnhote hoitilitie: iO it lous, ms fcarce any hiftorian can entertain fu on for mi ry sa their re ts on both trageling party, a rencounter of rout than a battle. . Richard obli fiege of Ver 3 he took Loches, a fmall town invAn- jou; he made himfelf mafter of Be nont, and fome other places of little c t and after thefe. trivial explé the two ki dy to hold conferences bSy forian accommedatio: d, that, if a ceneral peace were con fhould for the future “be | Cc 1 private war againft each o t this:-wasa right claimed ioc his wb id: he-could not. debar: them ' fromit. ‘After t ciation,, there enfued:an 2 esi Tree ] » action bety eer a Eng hth cavalry at-Frette- re-routed, and the king of which commonlywat that But ee s victory val; in-which “adie France’s cart time attended his oF i erage 1 5 © ncluded be th Wal ] ] > ( “tod oe Dd reg ted from P threw himfelf at his brother’s fi ; Tt ‘ s brother’s feet, craved pardon for 1] offences. and by the i i fn ne 5» all bv the intercei ey . ek ~1310N Of een Eieanor, was r nroiect Oo projece Ox of death 22 HISTOR Y- OF ENGLAND. = ne Ij CH AP. would enter into an offenfive alliance againft the king of France ; a propofal which was very acceptable to Rich: 3195- ard, and was greedily embraced by him. The treaty with the emperor took no effect; but it fers ed to rekindle the war between France and England before the expiration of the truce. This war was not diftinguifhed by any more remarkable incidents than the fox egoing. After mutually rayaging the open country, and taking a few infignifi- cant eaten. the two kings concluded a peace at Louviers, and made an ones of fome territories with each other®. Their inability to wage war occafioned the peace: Their mutual antipathy engag ee them again in war before two months expired. Rich lard im agined, that he had now found an opportunity of gaining great advan ifages Over his rival, by forming an alliance with the counts of F landers, ‘Touloufe, Boulogne, Champagne, ae other confider- able vaflals of the crown of France*. But he foon ex- perienced the infincerity of thofe hie ; and was not able to make any Spi oaiia on that kingdom, while go- verned by a monarch oS fo much vigour and activity as Philip, ‘The moft remarkable incident of this war was the taking prifoner in bale the bifhop of Beauvais, a martial prelate, who was of the family of Dreux, and a near relation of the French king’s. Richard, who hated that bifhop, threw him into prifon, and loaded him with irons; and when the pope demanded his liberty, and claimed him as his fon, the king fent to his holinefs the coat of mail which the prelate had worn in battle, and which was all befmeared with blood: And he replied to him, in the terms employed by Jacob’s fons to that pa- triarch, This have we found: Know now whether it bethy fon’s coat orno®. This new war between England and France, © Rymer, vol. i, P> OF. 4 W, Heming, p. 549. Brompton, tenis Rymer, vol. i. p. 94. ¢ Geénefis, chap, xxxvile vere 32 » Pe T28, Brompton, p. 1273s though Bi HA. BoD I, though carried on with fuch animofity, that both kings 38 CHAP, x: frequently put out the eyes of their prifoners, was foon 7a finifhed, by a truce of five years ; ; and immediately after figning this treaty, the kings were ready, on fome new offence, to break out again into hoftilities; when the Brat - . ¥ ee, = Sr mediation of the cardinal of St. Mary, the pope’s legate, accommodated the difference £. This prelate even en- gaged the princes to commence a treaty for a more durable peace; but the death of Richard put an end te the negotiation. Vidomar, vifcount of Limoges, a vailal of the king’s, had found a treafure, of which he fent part to that prince as a prefent. Richard, as fuperior lord, claimed the whole; and at the head of fome Brabangons, befieged the vifcount in the caftle of Chalus, near Limoges, in order to make him comply with his demand 2, The garrifon offered to furtender ; but the king replied, that, fince he had taken the pains to'come thither and befiege the place in perfon, he would take it by force, and would hang every ene of them. ‘The fame day, Richard, ac- companied by Marcadée, leader of his Bra ancons, ap= proached the caftle in order to furvey it; when one Bertrand de Gourdon, an archer, took aim at him, and pierced his fhoulder with an arrow. ‘The king, however, gave orders for the affault, took the place, and hanged all the garrifon, except Gourdon, who had wounded him, and whom he referved for a more deliberate and more cruel execution 4, ‘THE wound was not in itfelf dangerous ; but the un= fkilfulnefs of the furgeon made it mortal : He fo rankled Richard’s fhoulder in pulling out the arrow, that a gangrene énfued ; and that prince was now fenfible that his life was drawing towards 2 period. He fent for Gours * Rymer, vol. i. p. 109, 110 & Hoveden, p. 791 Knyg PB. 2413, b Ibid, Vou, Il, D den hton, 1196, 28thMatsh, j ] L Tiss ee . i I a 2 f 4 t have L ever done to VOuUs ; J done 2 ~. / —/Vhat have you done to mes I 96 1 Y, ye fe ot Seen ey é a : f ou & with your own hands my two brothers; and you intended to have and you may take ey, on the mof? fevere torments: But l ae ‘ ae , { i blea €y prot idea t can think that T have been fo-happy as to rid the world of [uch a nutfance'. ~ ¥ 5 , 1] Zee 3 s see hard, with t nablenefs of this reply, * < j 4) mS papiys and hun t near approach of death, ordered Cy ourdon to | fet at li} ] 7 = urdon to be fet at liberty, and a fum of money to be given him; but Marcad unknown to him, feized the unhappy man, flead. him alive, and then hanged him. Gih-Aptil--Piehard diet tu--the= tenth: wear cot reign, and the De é yo : Leah ‘ ; age; and. he left no iffue behind i we 9a i, len ipla- mvawn Cee ‘ iS t or tis prince's character are No man, even in that romantic > and intrepidity to a greater gained him the appellation of paffionately loved and as his conduct in the tie iron t$§ allo were I ‘ide unconquerable ; and .bours; had therefore > continuance of his reign, a perpetual { blood and violence. Of an impetu- ous and vehement fpirit, he was diftinguifhed by all the good, as w good, as well as the bad qualities, incident to that cha- rous, fincere, and brave; omineering, ambitious, haughty, and to dazzle men by better calcula enterprizes, than either to promote nD, p. 12797. Knyghten, p, 2413+ 9 their Rink CH SA2 Rep I. 35 their happinefs or his own grandeur, by a found ahd well © ge he regulated policy. As mi ilitary talents make great impref- Wp fion on the people, he feems to have been much belo aie by his Englith fubjects ; ant >d to have been the firft prince of the Nor b any fine gard to them. He pafled however only four months of lom: The d him near three years; he was detained nonth in captivity ; the reft of his reign was fpent either in war, or preparations for ; and he was fo pleafed with the equired in the Eaft, that he determined, notwithftandi i misfortunes, to have farther e} f to have expofed himfelf to new haz by another expedition againft ‘THoucGu the Enoli ves with the glory M ne which the king’s martial geniu ed them, his reign io oe-oe thi was very oppreffive, and fomew] rary, the | sna taxes which helevied on them, and often without confent of theftates or great council. In year of -his reign, he levied five fhillings on each nd; and becaufe the clergy refufed to contribute their fhare and ordered the civil courts out of the protection of to give them no. fentence for any debts claim *.- Twice in his reion he ordered -all] to be fealed anew, and the parties. to.pay fees for the renewal!, It is faid that Hubert, hi over to France, in the fpace of two 3 than 1,100,000 marks, befides be of the government in England. But. tl] quite incredible, unlefs we fuppofe that R t horough dilapidation of the demefnes:of the cr pl it is not likely he could do with any advantage after his k Hoveden, p. %42. Ty tel, vol. ii, f E>, P. e"s I, Vindic, tom, i, p 36 HISTORY OF ENGLAND. C HA Ps former refumption of all grants. A king, who. poflefl- wn ed fuch a revenue, could never have endured fourteen 1199: months captivity, for not paying 150,000 marks to the emperor, and be obliged at laft to leave hoftages fora third of the fum. The prices of commodities in this reign are alfo a certain proof, that no fuch enormous fum could be levied on-the people. A’ hyde .of land, or about a hundred and twenty acres, was commonly let for twenty fhillings a-year,-money of that time. ~As»there were 243,600 hydes in. England, it is eafy to.compute the amount of all the landed rents of the kingdom. -The general and flated ‘price of an ox was four thillings ; of a labouring horfe the fame ; of a fow, one fhilling 5 of a fheep with fine wool, ten pence ; with coarfe. wool, fix pence™, Thefe commodities feem.not to haye ad- vanced in their prices fince the conqueft *, and to.have ftill been ten times cheaper than at prefent. RicHarp renewed the fevere laws againft tranfgreflois in his forefts, whom he punifhed by caftration and put- ting out their eyes, as in the reign of his great-grand- father. He eftablifhed by law one weight and meafure throughout his kingdom *. An ufeful inftitution, which the mercenary difpofition and neceffities of his fucceflor engaged him to difpenfe with for money. Te diforders in London, derived from its bad police, had rifen to a great height during this reign ; and in the year 1196, there feemed to be formed fo regular a confpi- racy among the numerous malefa&tors, as threatened the city with deftruétion. There was one William Fitz- Ofbert, commonly called Longbeard, a lawyer, who had rendered himfelf extremely popular among the lower rank of citizens ; and by defending them on all occafions, had m Hoveden, p. 745. * See note [A] at the end of the volume: n M, Paris, p. eg, 134. Trivet, pr3z7. Ann, Waverl, p, 165+ Hoyeden, p. 774. acquired Ri iC’ HA: R D I, 4¢quired the appellation of the advocate or faviour of the poor, He‘exerted his authority, by injuring and in- fulting the’ more fubftantial citizens, with whom he lived in a ftate of hoftility, and who were every moment expofed to the moft outrageous violences from him and his licentious' emiffaries: Murders were daily committed in the ftreets; houfes were broken open: and_ pillaged in day-light ; and it is pretended, that no lefs than fifty- two thoufand perfons had figned an affociation, by which they bound themfelves to obey all the orders of this dan- gerous ruffian. Archbifhop Hubert, who was then chief juiticiary, fummoned him before the council to anfwer for his conduét ; but he came. fo well attended, that no one durft accufe him, or give evidence againft him; and the primate, finding the impotence of law, contented himfelf with exacting from the citizens hoftages for their good behaviour. He kept, however, a watchful eye on William; and feizing a favourable opportunity, at- tempted to commit him to cuftody; but the criminal, murdering one of the public officers, efcaped with his con- cubine to the church of St. Mary le Bow, where he defended himfelf by force of arms. He was at laft forced from his retreat, condemned, and executed, amidit the regrets of the populace, who were fo devoted to his memory, that they ftole his gibbet, paid the fame vene- ration to it as to the crofs, and were equally zealous in propagating and attefting reports of the miracles wrought by it °. But though the fectaries of this fuperttition were punifhed by the jufticiary r, it received fo little encouragement from the eftablifhed clergy, whofe pro- perty was endangered by fuch feditious practices, that it fuddenly funk and vanifhed, ® Hoveden, p. 765, Diceto, p,6g1. Neubrig: p. 492, 493. P Gere val, Pr 1S. 4e D 3 Ir 37 CHAP, NO (Nall 119g. : i be 1 af i i ae > crufades, that the cuftom of ufing firft introduced into Europe. The in armour, had no way to make them- and diftinguifhed in battle, but by the s on their fhields ; and thefe were > gradually adopt- ilies CHAP, CEC ACE 7 oa j. O ke Le Lr Acceffi g His marriage Warwith France——Murder of Arthur, ee of Britanny. ——The king expelled from all the French pro- vinces.——T he quarre l with the court of Rome——Cardi of Canterbury——Interdi# of the Excommunication of the king—-—The king’s genes to the pope——D: contents a the barons —— Renewal of the civil eae P, nee calle d over king. ) ras as : cz }, Death——-and_ charatter of the . : ¥ : : : Sloe noble and free genius. of the antients, x e perfon be al regarded as a Sak tyranny and ufurps any conception of a leg recular monarchy, had rend rant both of the ri¢hts of primogeniture and a r fion ; i tion in fucce necefl for prefery ing order in the lines of princes, for obviating the evils of civil difcord and: of ufurpa begetting mo- deration in that {pecie: by giving fecu- rity to the ruling fovereign. Thefe innovations arc from the feudal law ; which, firft introducing the right of primogeniture, made fuch a diftinétion between the families of the elder and younger brothers, that the fon D 4 of ra) we HISTORY OF ENGLAND, CHAP. of the former was thought entitled to fucceed to hig ee 9 = L =e 1 } 3c ¥ a tw grandfather, preferably to his uncles, though nearer al- 3199. lied to the deceafed monarch. But though this progrefs of ideas was natural, it was gradual. In the age of which we treat, the practice of reprefentation was indeed introduced, but not thoroughly eftablifhed ; and the minds of men floated between oppofite principles. Richard, when he entered on the holy war, declared his nephew, Arthur duke of Britanny, his fucceffor ; and by a formal deed, he fet afide, in his favour, the title of his brother John, who was younger than Geoffrey, the father of that prince *. But John fo little acquiefced in that defti- nation, that, when he gained the afcendant in the Eng- lith miniftry, by expelling Longchamp, the chancellor and great jufticiary, he engaged alt the Engtifh barons to fwear, that they would maintain his right of fuccef- fion; and Richard, on his return, took no fteps towards reftoring or fecuring the order which he had at firft efta- blifhed. He was even careful, by his laft will, to declare his brother John heir to all his dominions >; whether, that he now thought Arthur, who was only twelve years of age, incapable of afferting his claim again{ft John’s faction, or was influenced by Eleanor, the queen-mother, who hated Conftantia, mother of the young duke, and who dreaded the influence which that princefs would naturally acquire if her fon fhould mount the throne. ‘The authority of a teftament was great in that age, even where the fucceffion of a kingdom was concerned ; and John had reafon to hope, that this title, joined to his plaufible right in other refpects, would enfure him the fucceffion. But the idea of reprefentation feems to have made, at this time, greater progrefs in France than in England: The barons of the tranfmarine provinces, + Hoveden, p. 677, M. Paris, P-1t2. Chron, de Dunf, p, 43» Rymer, Vol. i. p, 66,68. Bened, Abb, Ps 19. b Hoveden, p. 791. Trivet, p.-138, Anjou, 7,0 SN. Ar Anjou, Maine, and Touraine, immediately declared in C HAP. a ie ee : XI, favour of Arthur’s title, and applied for affiftance tow pw the French monarch as their fuperior lord, Philip, 1399- who defired only an occafion to embarrafs John, and dif- member his dominions, embraced the caufe of the young duke of Britanny, took him under his protection, and fent him to Paris to be educated, along with his fon Lewis *«. In this emergence, John ha afened d to eftablifh members of the monarchy 3; his authority in the ch and after fending Eleanor into Poiétou and Guienne, where her right was inconteftible, and was readily ac- knowledged, he hurried to Rover: and being there 1 over, invefted in the ae of Normandy, he pafiec without-lofs of time, to England. Hubert, archbifhop of Canterbury, William } Mare {chal, earl of Strigul, wha alfo paffes by the name of earl of Pembroke, and Geoffrey Fitz-Peter, the jufticiary, the three moft favoured mini- fters of the late king, were already ¢ ved on his fide 4; and the fubmiffion or acquiefcence of all the other barons put him, without oppofition, in poffeffion of the throne. Tue king foon returned to France, in order to conduct the war againft Philip, and to recover the revolted pro- vinces from his nephew, Arthur. The alliances, which Richard had formed with the earl of Flanders ¢, and other potent F rench barons, though they had not been very effeftual, ftill fubfifted, and enabled John to defend himfelf againft all the efforts of his enemy. In an action between the French and Flemings, the elect bifhop of Cambray was taken prifoner by the former; and when the cardinal of Capua claimed his liberty, Philip, inftead of complying, reproached him with the weak efforts which he had employed in favour of the bifhop of Beau- fon, © Hoveden, p.792- M. Paris, p. 137. M. Weft. p. 263, n > Pp. 2414. 4 Hoveden, p, 79 M, Paris, p. 137. ¢ Rymer, vol, i, p. 114. Hoveden, p. 794+ 7 Vals, f wa C i icp ‘ s i i ¢ ne C the 1 the dutchy of d nder an interdict; 1 1 } ny Wire ar and the two kin found themfelve to mike an ogre ige of thefe WT inte. ei ne hic a tn aA NOTHING en = this war to a A : ut P i to the interefts o é a 7) Pea ] 1. SanlAvetes that > « With > the moft powerful and ous. monarchs, took firft ad- vantage of John’s imbec ; and with the moft agera= vating circumftances of-infolence and feorn, fixed her yoke upon him. 3207s THE papal chair was then filled by Innocent IIT. who, attained that d x7 at Ve” eens nity-at the age of thirty-feven The kinp’s quarrel with? the court of ZEN France, Hoe: pare, RE | > anc 1 bei ng enaowed wit id enterprizing gave full fcope to his ambition, and attempted, 9§ more open ily 1 than ar rielded him by all ihe P vert that fuperi riority, which was E uropean princes, into a real dominion over them. The hierarchy, protected by the Roman pontiff, had already. carried to.an enormou s height its ufurpations upon the civil power; but in order to extend them farther, and render them ufeful to the court of Rome, it was neceflary to reduce the ecclef ves under an abfolute monarchy, and to m {piritual leader, © For them entirely dependant on their s purpofe, Innocent firft attempt- ed to impofe taxes at foes ure upon the clerey ; and in the firft ‘year of this century, takin ig advantage of nS popular -O oJ frenzy for crufades, he fe1 t colle&tors over a I] Europe, who levied by his authority the ortieth of all ecclefiafti- cal revenues, for the relief of the Holy Land, and te- ceived. the voluntary contri butions of the laity to a like amount, The fame year Hubert, archbifho op of Can- terbury, attempted another innovation, favourable to ecclefiaftical and papal power: In the king’s abfence, he # Rymer, vol. i, p, 119, d fummoned, pO HR 57 fummoned, by his legantine authority, a fynod of all the Cc _ P, Englifh clergy, contrary to the prol hibition of Geoffrey Leena Fitz-Peter, the chief jufticiary; and no proper cenfure 1207 was ever pafled on this encroachment, the firft of the kind, upon the royal power. But a favourable incident foon after happened, which enabled fo afpiring a pontiff as Innocent, to extend fill farther his ufurpations on fo contemptible a prince as John. Husert, the primate, died in 1205; and as the monks or canons of Chrift-church, Canterbury, poffeffed of voting in the e ction of their archbifhop, fome of the juniors of the order, who lay in wait for that event, met clandeftinely the very night of Hubert’s death, and without any congé rom the king, chofe Re- ginald, their fub-prior, for the fucceflor; inftalled him in the archi-epifcopal throne before midnight; and hav- hi; jng enjoined him the ftricteft fecre fent him. immedi- confirmation: of his ately to Rome, in order to election», ‘The vanity of Reginald prevailed over his policy ; and he no feoner arrived in Flanders, than he re- vealed to every one the purpofe of his journey,, which land's. “The king’ was enraged at the novelty and temerity of the attempt, in was immediately known in Eng filling fo important an office without his knowledge or fent: The fuffragan bifhops of Canterbury, who were accuftomed to concur in the choice of their primate, were no lefs difpleafed at the exclufion given them in’ this election : by the irre he elder. monks of Chrift-church were injured zular- proceedings of their: juniors: ‘The juniors themfelves, afhamed of their conduét, and difgufted with the levity of Reginald, who had broken his‘ engagements with them, were willing to-fet afide-his eleftion*: And all men concurred in the defign of remedying the falfe bM, Paris; p.148. M, Weft, p, 266, © Ibid, a M, Welt. p, 266. meafures, HISTORY OF ENGLAND -'meafures, which had been taken. But as ies knew, that this affair would be canvafled b a fuperior tri- bunal, where the interpofition of royal authority, in be- {towing ecclefiaftical benefices, was very Pe veto: ; where not fo favourable even the caufe of fuffragan bifhops was as that of monks; he determined to make the new elec- tion entirely unexceptionable: He fubmitted the affair wholly to the canons of Chrift-church ; and wibniee > from the right, claimed by his predeceflors, ventured no farther than to inform them privately, that sie would do him an acceptable fervice, if they chofe John de Gray, bifhop of Norwich, for their primate *. The election of that prelate was accordingly made without a-contradictory vote; and the king, to obviate all con- tefts, endeavoured to perfuade the fufiragan bifhops not to infift on their claim of concurring in the eleGtion: But thofe prelates, perfevering in their pretenfions, fent an agent to maintain their caufe before cee while the king, and the convent of Chrift-church, difpatched twelve monks of that order adepiede before the fame tribunal, the election of the oF fhop of Norwich. ‘Tuus there lay three different claims before the pope, whom all parties allowed to be the fupreme arbiter in the conteft. The claim of the fuffragans, being fo oppofite to the ufual maxims of the papal court, was foon fet afide: The eleétion of Reginald was fo obyioufly fraudulent and irregular, that there was no poflibility of defending it; But Innocent maintained, that, though this election was null and invalid, it ought previoufly. to have been declared fuch by the fovereign pontiff, before the monks could proceed to a new election; and that the choice of the bithop of Norwich was of courfe as uncanonical as that of his competitor '. Advantage was, therefore, taken of © M. Paris, p, 149, M. Weft, p. 265. § M, Paris, p. 355 Chron, de Mailre p» 182, this 72 0.4 WW 59 this fubtlety for introducing a precedent, by. which the C H A P. fee of f Canterbury, the moft important dignity in the church after the papal throne, fhould ever after be at the difpofal of the court of Rome. WHILE the pope maintained fo many fierce contefts, in order to wreft from princes the right of granting invef- titures, and to exclude laymen from all authority in con- ferring_ecclefiaftical Renseeets he was fupported by the united influence of the clergy, who, afpiring to inde- pendance, fought, with all the ardour of ambition, and all the zeal of fuperftition, under his facred banners. But no fooner was this point, after a great effufion of blood, and the convulfions of many ftates, eftablifhed in fome tolerable degree, than the victorious leader, as is ufual, turned his arms againft his own community, and afpired to center all power in his perfon, By the inven- tion of referves, provifions, commendams, and other de- vices, the pope gradually aflumed the right of filling vacant benefices ; and the plenitude of his apoftolic power, which was not fubject to any limitations, fupplied all de- fects of title in the perfon on whom he beftowed prefer- ment, ‘The canons which regulated elections were pur- pofely rendered intricate and involved : Frequent difputes arofe among candidates : Appeals were every day carried to Rome: The apoftolic fee, befides reaping pecuniary advantages from thefe contefts, often exercifed the power of fetting afide both the litigants, and on pretence of ap- peafing faction, nominated a third perfon, who might be more acceptable to the contending parties. THE prefent controverfy about the election to the fee of Canterbury afforded Innocent. an opportunity of claim- ing this right; and he failed not to perceive and avail himfelf of the advantage, . He fent for the twelve monks deputed by the convent to maintain the caufe of the bifhop ef Norwich; and commanded them, under the penalty of Xi, 1207. | ( 60 HISTORY OF ENGLAND, C HA Poof excommunication ate, cardinal XI, ten Langton, ‘adaensil in, 1207. by his interefts and attachments, Cardinal “ : Langton - in the monks repre~ appointed archbifhop of Canter bury, nt no autho- eir CO precrmere as Se ead writ from the’ ki y irregular ; Sas and that they were gents for, another perfon, rer or pretence to abandon: whole right they had no None of them had the cc A eccmtar is Ss re in this oppo- All the reft, of the pope, com- fition, except one’; Elias de B overcome’ by the menaces and author plied with his orders, and’ made the election required of them, InNnoceENT, fenfible that this flagrant ufurpation would be highly refented by the court of England, wrote John og “4 bd b a mollifying letter; fent him four golden rings fet with recious ftones; and endeavoured to enhance the valite of p 3 the prefent, by informine him of the many myfteries im- I ot 9 5 y, y plied in it. He begged him to confider ferioufly the form oD of the rings, their number, their matter, and their colour. Their form, he faid, being round, fhadowed’ out Eter- nity, which had neith er beginning nor end; and he ought thence to learn his duty of afpiring from earthly objects to heavenly, from thing 2s temporal to things eternal. "The number four, being a fquare, denoted fteadinefs of mind, not to be’ fubverted either by adverfity or pro- fperity, fixed for ever on the firm bafis of the four cardinal virtues. Gold, which is the matter, being the moft pre- ified Wifdom, which is the moft precious of. all siping 9 and juftly preferred by Solomon to riches, power, and all exterior attainments. The blue Sate of the faphire reprefented Faith; the cious of metals, 2 &| My Paris; p» 155. Ann, Waverly py 169, W. Hemingy pe 553¢ Koyghton, Pe 2415S. verdure ys07 a ™M verdure of the emerald, Hope; the rednefs of the ruby, Charity ; and the fplendor of the topaz, Good Works *. By thefe conceits, Innocent endeavoured to repay John for one of the moft important prerogatives of his crown, which he had ravifhed from him; conceits probably ad- mired by Innocent himfelf. For it is eafily poflible for a man, efpecially in a barbarous age, to unite ftrong ta~ lents for bufinefs with an abfurd tafte in literature and in the arts. Joun was inflamed with the utmoft rage, when he heard of this attempt of the court of Rome’; and he im- mediately vented his paflion on the monks of Chrift- church, whom he found inclined to fupport the election made by their fellows at Rome. He fent Fulk de Cante- lupe, and Henry de Cornhulle, two knights of his reti- nue, men of violent tempers and rude manners, to expel them the convent, and take pofleffion of their revenues. Thefe knichts entered the monaftery with drawn fwords, commanded the prior and the monks to depart the king- dom, and menaced them, that, in cafe of difobedience, they would inftantly burn them with the convent *. In- nocent, prognotticating, from the violence and impru- dence of thefe meafures, that John would finally fink in the conteft, perfevered the more vigoroufly in his preten- ? S ) E fons, and exhorted the kin @ not to oppofe God and the church any longer,, nor to perfecute that caufe, for which the holy martyr, St. Thomas, had facrificed his life, and which had exalted him equal to the higheft faints in heaven!: A clear hint to John to profit by the example of his father, and to remember the prejudices and eita- neration to that martyr, and regarded his merits as the fubject of their chief slory and exultation. 5 h Rymer, vol, i. p..139. M. Paris, ps 155+ i Rymer, vol. i P- 743. k M. Paris, p.156. ‘Trivet, p. 15% Ann, Waverl, 1M Dest 1 M, Paris, Pp. 157- Pe 16g. INNOCENT, 6% CHAP. xi. eon poem 1207» ao ees 3207, Interdi& of the king. dom, HISTORY OF ENGLAND. Innocent, finding that John was not fufficiently tamed to fubmiffion, fent three prelates, the bifhops of London, Ely, and Worcetter, ’ to intimate, that, if he perfevered in his difobedience, the { fovereign pontiff would be obliged to put the kingdom under an interdi@, Ajj the other prelates threw themfelves on their knees before him, and entreated him, with tears in their eyes, to pre- vent the feandal of this fentence, by making a {peedy fubmiffion to his fpiritual Father, by receiving from his hands the new elected primate, and by reftoring the monks of Chrift-church to all their rights and poffeffions. He burft out into the moft indecent invectives againit the prelates; fwore by God’s teeth, his ufual oath, that, if the pope prefumed to put his kingdom under an interdict, he would fend to him all the 1 bifhops and clergy of Eng- land, and would confifcate al] their eftates ; and threat t- ened, that, if thenceforth he c caught any Rosine in his dominions, he would put out their eyes, and cut of their nofes, in order to fet a mark upon dies, which might diftinguifh them from all other n; ations". Amidft all this idle violence, John ftood on fuch bad terms with his no- bility, that he never dared to aflemble the ftates of the kingdom, who, in fo juft a caufe, would probably have adhered ‘to an y other monarch, and have defended with vigour the liberties of the nation againft thefe palpable ufurpations of the court of Rome. Innocent, therefore, perceiving the king’s weaknefs, fulminated at laf the fentence of interdi@, which he had for fame time held fufpended over him . THe fentence of interdict was at that time the great inftrument of vengeance and pol icy emp loyed by the court of Rome ; was denounced againft fover reigns for the | light- af. . eft offences ; and made the cuilt of one perfon involve the M. Paris, p. 157, n Ibid. ° Ibid, Trivet, p, 52. Ann. Waverl, p. 270, M, Weft, p. 268. ruin j.O H N. 63 fuin of millions, even in their fpiritual and eternal wel- © _* P. fare. The execution of it was artificially calculated to Wand 1207. ftrike the fenfes in the higheft degree, and to operate with irrefiftible force on the fuperftitious minds of the people. The nation was of a fudden deprived of all exterior exer- cife of its religion: The altars were defpoiled of their ornaments: The crofles, the reliques, the images, the ftatues of the faints were laid on the ground, and as if the air itfelf were profane 1, and might pollute them by its contact, the priefts carefully covered them up, even from their own approach and veneration. The ufe of bells entirely ceafed in all the churches : The bells them- felves were removed from the fteeples, and laid on the ground with the other facred utenfils. _Mafs was cele- brated with fhut doors; and none but the priefts were admitted to that holy inftitution. The laity partook of no religious rite, except baptifm to new-born infants, and the communion to the dying: The dead were not interred in confecrated ground: ‘They were thrown into ditches, or buried in common fields ; and their obfequies were not attended with prayers or any hallowed cere- mony. Marriage was celebrated in the church-yards ?; and that every action in life might bear the marks of this dreadful fituation, the people were prohibited the ufe of meat, as in Lent, or times of the higheft penance; were de arred from all pleafures and entertainments ; and were forbid even to falute each other, or fo much as to fhave their beards, and give any decent attention to their perfon and apparel. Every circumftance carried the fymptoms of the deepeft diftrefs, and of the moft immediate appre- henfion of divine vengeance and indienation. Tuer kine, that he might oppofe 47s temporal to their 5? o ret fr fpiritual terrors, immediately, from his own authority, confifcated the eftates of all the clergy who obeyed the p Chron, Dunft. vole i, p. $3. 64. HISTORY OF ENGLAND. CH AP. interdi&2; banifhed the prelates, confined the monks in . eernrw their conv es and gave them only fu 3207. > ch a {mall allowance from their own eftates,; as would fuffice to provide them with food and rayment. He treated with the utmoft rigour all Langto dhotwe d any difpofition to obey the commands of Rome: / And in order to diftrefs the clergy in the tendereft point, adherents, and every one that and at the fame time expofe them to reproach and ridi- cule, he Sued into prifon all their Nee and required high fines as the price of their liberty '. AFTER the canons, which eftablifhed the ‘wal of the clergy, were, by the zealous endeavours of archbi+ fhop Anfelm, more rigoroufly executed in England, the ecclefiaftics pave, almoft univerfally and avowedly, into the ufe of concubinage ; and the court of Rome, which had no intereft in prohibiting this practice, made very flight oppofition to it. The cuftom was become fo pre- valent, that, in fome cantons of Swiflerland, before the reformation, the laws not only permitted, but, to avoid feandal, enjoined the ufe of concubines to the younger lergy *; and it was ufual every where for priefts to ap- ply to the e ordinary, and obtain from him a formal liberty for this indulgence,” The bifhop commonly took care t6 prevent the practice from degenerating into licentiouf- nefs : He confined the prieft to the ufe of one woman, eee him to be conftant to her bed, obliged him to provide for her fubfiftance and that of her children ; and, though the offspring was, in the eye of the law, deemed illegitimate, this commerce was really a kind of inferior marriage, fuch as is ftill practifed in Ger nany among the nobles ; and may be regarded by the candid as an appeal, from the tyranny of civil and ecclefiaftical inftitutions, to the more virtuous and more unerri ng laws of nature. @ Ann. Waverl, p. 170. * M. Paris, p. 158. “Ann, Waverl. Ps 170. $ Padre Paolo, Hift. Conc, Trid. lib. 1. yO. ee OR, ‘THE quarrel between the king and the fee of Rome‘ Continued for fome years ; and though many of the cle y O1 from the fear of punifhment, obeyed the orders of John, and celebrated divine fervice; they complied \ , oc } utmoft reluctance, and were regarded, both by themfelves Aeacl. Alde ] x7} eabra tr, th'z - and the people, as mem who betrayed their’ principles, and facrificed their con{cience to temporal regards and in- terefts, During this violent fituation, the king, in order to give a luftre to his government, attempted military oe expeditions, againft Sc oO inft the and, againft Ireland, a: Welfh *; and he commonly prevailed, more from the weaknefs of his ememies than from his own vigour ot abilities. Meanwhile, the danger, to which his govern- ment ftood continually expofed from the difcontents of the ecclefiaftics; encreafed his natural propenfion to ty- ranny ; and Re feems to have even wantonly difgufted all orders of men, efpecially his nobles, from whom alone he could reafonably expect fupport and affiftance. He difhonoured their families by his licentious' amours ; he publifhed edicts, prohibiting them from hunting fea- thered game, and thereby reftrained theny from their fa- vourite occupation and amufement "; he ordered all the hedges and fences near his forefts to be levelled, that his deer might have more rez pafture ; and he continually loaded the nation with a trary taxes and impofitions, Confcious. of hatred which he had incurred, he required his nob give him hoftages for fecurity of their allegiance; and they were obliged to put into his hands their fons, nephews, rs with er near relations. When his mefleng« like. orders to the caftle of William de Braou of great note, the lady of that nobleman replied, that fhe jwould never entruft her fon into the hands of one 5 @ baron ¢ W.Heming, p. 555 Ypod Neuft. p. 460, Knyghton, p. 2420. @ M. Wef& p, 268, Vou, I. F whe i eee amend cy vr oO. es, HISTORY OF ENGLAND. C HA P. who had murdered his own nephew, while in his cuftody, XI. Z A “ , ; ~~ Her hufband reproved her for the feverity of this fpeech; 12038, 3209¢ but, fenfible of his danger, he immediately fled with his wife and fon into Ireland, where he endeavoured to:con- ceal himfelf. The king difcovered the unhappy family in their retreat; feized the wife and fon, whom he ftaryed to death in prifon; and the baron himfelf narrowly efcap- ed, by flying into France. THE court of Rome had artificially contrived a grada= tion of fentences; by which fhe kept offenders in awe; ftill afforded them an opportunity of preventing the next anathema by fubmifflion; and in cafe of their obftinacy, was able to refrefh the horror of the people againft them, by new denunciations of the wrath and vengeance of heaven. As the fentence of interdict had not prodiiced the defired effect on John, and as his people, though ex- tremely difcontented, had hitherto been reftrained from rifing into open rebellion againft him, he was foon to look for the fentence of excommunication: And he had reafon to apprehend, that, notwithftanding all his pre- S cautions, the moft dangerous confequences might erifue from it. He was witnefs of the other fcenes, which, at that very time, were acting in Europe, and which dif played the unbounded and uncontrouléed power of the papacy. Innocent, far ftom being difinayed at his con- tefts with the king of England, had excommunicated the emperor Otho, John’s nephew ¥ ; and {oon brought that powerful and haughty prince to fubmniit tohis authority. He publifhed a crufade againft the Albigenfes; a f{peciés of enthufiafts in the fouth of France, whom he denorhi- nated heretics ; becaufe; like other enthufiafts, they ne= glected the rites of the church, and oppofed the power wv MM, Praisy p. 160. Trivet, ¥54. MM. Wefte p. 269% and yO FH Wi 67 and influerice of the clergy: The people fro all p: Europe, moved by their fuperftition anc 1 Montfort, the general of the crufade, acquired to him- wars and adventures, floc to his ftandard: Simon de 1209. ec 5 ~ u Tt felf a fovere ignty in thefe provinces : Che count of ‘Touloufe, who protected, or ghia only tolerated the Albigenfes, was {tripped of his dominions: And th taries themfelves, though the moft five of mankind, were exterminated wi ftances of extreme violence anc¢ therefore both an army and a pao their zeal and valour, who m «be direéted to againft John; and Innocent, after eae the thunder ? long fufpended, gave at laft authority to the bifhops of Excommu- London, Ely, and Worcefter, to denounce the fe > i> b) ntence; of excommunication againft him *. Thefe prelates obey ed; though their brethren were deterred from publifhi as thé pope required of thém, the fentence in the feveral churches of their diocefes No fooner was the excommunication known, than the effects of it appeared. Geoffrey, archdeacon of Nor- with a cot ab court of exchequer, being informed of it while fitti le office in the wich, who was entruft on the bench, obferved t to his collegues the danger of ferving under an éx¢ommunicated king ; and he immedi ately left his chair, and departed the court. John gave orders to feize him, to throw him into prifon, to cover his head with a great leaden cope; and by this and other fever ufage, he foon put an end to his lifey: Nor Oo rank of Becket, to exalt him to an equal any thine wanting to Geoffrey, except the dignity i » es) c heaven with that great and celebrated martyr. Wells, the king’s chancellor, being elected, by his ap- pointment, bifhop of Lincoln, upon a vacan *_M, Paris, p. r59, M, Welt. p. 270, y M, Paris, p. 159. 31212. HISTORY OF ENGLAND fee. defired leave to go abroad, in order to receive confe- aly olen; but he no fooner cration trom the arch d to Pontigny, where ubmiffions to him as his ves expofed either itred of the. people, and at laft there re- e functions of the ility, terrified by on. different ac- ifhops ; and moft ith reafon fufpected confederacy againtt at his dangerous fituation; a igour, and popularity, might but which no virtues or abilities re now fufficient to retrieve. He defired a conference with Langton at Dover; offered to acknowledge him as is > inate, to fubmit to the pope, to reftore the exiled clergy, even to pay them a limited fum as a compenfation for the rents of their confifcated eftates. But Langton, perceiv- his advantage, was not fatisfied with thefe concef- 1s: He demanded, that full reftitution and reparation 1 fhould be made to all the clerey ; a condition fo exorbi- ant, that the king, who probably had not the power of ing it, and who forefaw that this eftimation of da- a) ~ pt? — we s might amount to an immenfe fum, finally broke off the conference ». pal fentences was to abfolve [HE next gradati 2 John’s fubjects from their oaths of fidelity and allegiance, and to declare ey one excommunicated who had any commerce with him, in public or in private; at his in, Marg. p. 14. ® M, Paris, Is b Ann, Waverl, p. 37%. table; a See e table, in his council, or even in private conv erfation ©. And this fentence was accordingly, with all ——* folemnity, denounced againft him. But John ftill perfevered in his contumacy, there remaine se nothing but the fentence of depofition; which, though intimately conneéted with the former, had been diftinguifhed from it by the artifice of the court of ne; and Innocent determined to dart: this laft thunder-bolt againft the re- fractory monarch. But as a fentence of this ‘kind required an armed force to execute it, the pontiff, cafting his eyes around, fixed at laft on Philip, king of France, as the perfon, into whofe powerful hand he could moft pro- perly entruft that weapon, the ultimate refource of his ehoftly authority. And he offered that monarch, befides the remiffion of all his fins and endlefs fpiritual benefits, the property and pofleffion of the kingdom of England, as the reward of his labour *, Ir was the common concern of all princes to oppofe thefe exorbitant pretenfions of the Roman pontiff, by which they themfelves were rendered \ raflals, and vaflals totally dependant, of the papal crown: Yet even Phili Ps the moft able monarch of the age, was feduced, by prefent intereft, and by the profpect of fo tempting a prize, to accept this liberal offer of the pontiff, and thereby to ratify that authority, which, if he ever oppofed its bound- Jefs ufurpations, might, next day, tumble him from the throne. He levied-a great army ; fummoned all the vaf- fals of his crown to vatend him at Roiien; collected a fleet of 1700 veflels, great and fmall, in the ea-ports of Normandy and Picare ly ; ; and partly from the zealous fpitit of the age, partly from the perfonal regard univerfally paid him, prepared a force, which feemed equal to the greatnefs of his enterprize. The king, on the other ¢ M. Paris, p. 161, M. Weft. p. 270. d M, Paris, p. 162. M, Wet. p.271, ee hand, 1213; jo CHAP, XI. His CORY Ge EN-GE ANB: 1and, iffued out writs, requiring the attendance of alf teers ome His military vaflals at Dover, and even of all able-bodied 1313: men, to defend the kingdom in this dangerous extremity. A great number appeared; and he feleéted an army of men; a power invincible, had they been united ions to their prince, and animated with a becom- ing zeal for the defence of their native country *, But the Peo} ple were fwayed by fuperftition, and regarded their king with horror, as anathematized by papal cen- fures: The baro ns, befides lying under the fame preju- dices, were all difgufted | by his tyranny, and were, many of them, fufpe cted of holding a fecret correfpondence with the enemy : And the incapacity and cowardice of the king himfelf, ill-fitted to contend with thofe. m mighty difficultie S3 made men prognofticate the moft fatal effects from the French invafion. PanDOoLF, whom the pope had chofen for his legate, and appo inked to head this important expedition, had, before he left Rome, applied for a fecret conference with 2 rer his mafter, and had afked him, whether, if the king of England, in this defperate fituati ion, were willing to fub- mit to the apoftolic fee, the church fhould, without the Phi MP» grant him any terms of accommoda- confent of from his agreement with a prince fo abje& both in charaGter and fortune, more ad- YADA than from his alliance with a great and victorious monarch, who, after fuch mighty acquifitions, might become too -haue ghty to be bound by fpiritual chains, explained to Pandolf the conditions on which he was willing to be reconciled to the king of England. The legate, therefore, as foon as he arrived in the north of France, fent over two knights templars to defire an inter- view with John at Dover, which was readily granted ; He there reprefented to bm in fuch ftrong, and probably © M. Paris, p, 163. M, Weft, pe 27%, f M, Paris, p. 162. in Jo: 0 -Hd. "% - / in fuch true colours, his loft condition, the difaffectic on & = AP, ~ . -¢ - Ai, of his fubjecéts, the fecret combination of his vaffalss jew againft him, the mighty armament of France, that John 1413 i % 13th yielded at difcretion ®, a and fubfcribed to all the conditions which Pandolf was pleafed to impofe upon him. He??? a se promifed, among other articles, that he wou ld fubmit him- felf entirely to the judgment of the pope; that he would acknowledge Langton for primate; that he would reftore all the exiled clergy and laity, who had been banifhed on ke them full re= account of the pontet: that he would m ftitution of their goods, and compenfation for all da- mages, and inftantly ight thoufand pounds, in part of payment; and that every one outlawed or im- prifoned for their adherence to the pope, fhould immedi~ £ ately be received ils erace and favour’. Four barons fwore, along with the king, to the obfervance of this ig- nominious treaty ‘, Bur the ignominy of the king was not yet carried to its full height. Pandolf required him, as the firft {peci- men of obe ence, to refign his kingdom to the church 5 and he perfuaded him, that he could no wife fo effec- tually difappoint the French invafion, as by thus putting himfelf under the immediate protection of the apoftolic fee. John, lying under the agonies of prefent terror, made no fcruple of fubmitting to this condition. He pafled a charter, in which | ‘hat, not conftrained by fear, but of his advice and confent of his barons, he had, for remiffion of wn free-will, and by the common his own fins and thofe of his family, refigned England and Ireland to God, to St. Peter and St. Paul, and pope Innocent and his fuccefiors in the apoftolic chair ; He agreed to hold thofe dominions as feudatory of the church of Rome, by the annual payment of a thoufand & M, Weft. p. 271. h Rymer, vol, i. p. 166, M Paris, p> 163+ Annal, Burt. pe 268, i Rymer, yol, i, p. 179, M, Paris, p- 4 F 4 marks 3 HISTORY G@F ENGLAND. an 42 Cc HA P. marks; feven hundred for England, three hundred for eal Trel: land : that, if = or his fucceflors 1213 oke or infringe this charter, they fl dmonition they repent- ed of t! c e, forfeit all right to their dominions, In confeq of this agreement, John did homage to Pandolt th P ; he niffive rites which the feudal law required of vaflals before their li 1ege- lord an into the legate’s prefence ¢;‘he flung himfelf on a 1p his joined hands, and put ; he fwore fealty to 3 the pop part of the tribute, which he owed for his kingdom as the patrimony of St. Peter. The le gate, elated by reme hia of facerdotal power, 7 i ° — could not forbear difcovering extrav gant fymptoms of joy and exultation: He trampled on the money, which was laid at his feet, as an earneft of the fubjection of the kingdom: An infolence, of which, however offenfive to all the Englith, no one prefent, except the archbifhop of Dublin, dared to take a any notice, But though Pandolf had brought the king to fubmit to thefe bafe conditions, ed to free him from the excommunication and i" an eftimation fhould be taken of the lofles efiaftics, and full compenfation and reftitution reduced to this abj tion under a foreign ftill thowed the ofition to tyrannize > Che e chief caufe of all his misfort AE Bde Hype: foretold; that the eter of Pomfret, a hermit, had this very year, fhould lofe: his crown ; and for into prifon in Corfe- prophecy, he had been thrown John now determined’ to E Rymes, vol, i, pe 176. -M, Paris, p, 165. 9 bring - Ree eee Se bring him to punifhment as an impoftor ; and thou and that ; that his prophecy was fulfilled 1 loft the royal and independent crown which man pic $ i | a. \ } the King nad erly wore, the defence was fuppofed to augment Te was dragged at horfes’ tails, to the town of Warham,. and: there hanged ona gibbet. with his fon '. WueEn Pandolf, after receiving the homage of John, ] returned to France, he congratulated Philip on the fuc- cefs of his pious enterprize; and informed him, that Jolin, moved by the terror of the French arms, had now come to a juft fenfe of his guilt ; had feturned to obedi- ence under the apoftolic fee ; had even confented to do homage to the pope for his dominions ; and having thus made his kingdom a.part of St. Peter’s patrimony, ‘had rend ed it impoffible for any. Chriftian prince, without the moft manifeft and moft flagrant impiety, to attack bim™,. Philip was inraged on receiving this intelligence : im, vas inraged on recelving this intelugence > : strat seas He exclaimed, that having, at the pope’s infti undertaken an expedition, which had coft him above 60,000: pounds fterling, he was fruftrated of his purpofe, at the time when its fuccefs was become infallible’: He ined, that all the expence had fallen upon him, all ivantages had accryed. to Innocent : He threatened to be no longer the dupe of thefe hypocritical pretences : And. aflemblin; Yr S als, he laid before them the ill- treatment which he had received, expofed the interefted and fraudulent conduct of the pope, and required their afliftance to execute his enterprize againft England, in which, he told them, that, notwithftanding the inhibi- tions and menaces of the legate, he was determined to perfevere. The French barons were in that age little efs ignorant and fuperftitious than the Englifh: Yet, fo 1M, Paris, p. 165. Chron, Dunft, vol. i, ps 56, m Triyet, p. 160, much Xx it i i a, i eet ot Mh ee ati c HA P. much does the inf uence of thofe religious principles de- i—~— pend on the prefent difpofition of men’s. minds! they all B12 531}. vowed to follow their prince on his intended expedition, and were refolute not to be difappointed of that glory and thofe riches, which they had long expeéted from this enterprize. The earl of Flanders. alone, who had pre- vioufly formed a fecret treaty with John, declaring againft the injuftice and impiety of the undertaking, retired with his forces’; and Philip, that he might not leave fo dan- ‘gerous an enemy behind him, firft turned his arms again the dominions of that prince. Meanwhile, the Englith fleet was affembled under the earl of Salifbury, the king’s natural brother; and though inferior in number, received orders to attack the French in their harbours. — Salifbury performed this fervice with fo much fuccefs, that he took three hundred fhips; deftroyed a hundred more®: And Philip, finding it impoffible to prevent the reft from fall- ing into the hands of the enemy, fet fire to them himfelf, and thereby rendered it impoffible for him to proceed any ther in his enterprize. Cy OHN, exulting in his prefent. fecurity, infenfible to his paft difgrace, was fo elated with this fuccefs, that he thought of no lefs than invading France in his turn, and recovering all thofe provinces which the profperous arms of Philip had formerly ravifhed from him. He propofed this expedition to the barons, who were already affembled for the defence of the kingdom. But the Englifh nobles both hated and defpifed their prince: They prognofticated no fuccefgs to any enterprize conduéted by fuch a leader: And pretending, that their time of fervice was elapfed, and all their provifions exhaufted, they refufed to fecond his undertaking ®. The king, however, refolute in his purpofe, embarked with a few followers, and failed to n M, Paris, p, 166. 259+ Trivet, ps 157. ° M, Paris, p. 166. Chron, Dunft, vol. is P M, Paris, p, 166, Jerfey, ho 8 BR Jerfey, in the foolifh expectation, that the barons woul at laft be afhamed to ftay behind’, But finding himfc i difappointed, he returned to England; and ra ifir = fome troops, threatened to take yengeance on all his nobles fo their defertion and difobedience. “The archbifhop of C terbury, who was in a confederac + with the barons, here interpofed ; ftri€tly inhibited the asin from thinking of fuch“an attempt; and threatened him with a renewal of the fentence of excommunication, if he pretended to levy war upon any of his fubjeéts, before the kingdom was freed from the fentence of interdict * fev ral anathemas pro- Tue church had recalled the nounced againft John, by the fame Sadia progrefs with which fhe had at firft iffued them. By receiving his ho- mage, and admitting him to the rank of a vafial, his de- pofition was virtually annulled, and his fubjects were ths again bound by their oaths eiance. The exiled prelates then returned in great triumph, with Langton at their head; and the king, hearing of theirapproach, went forth to meet them, and throwing himfelf on the ground before them, he entreated them with tears to have com- paffion on him and the kingdom of England *. The pri- mate, feeing thefe marks of fincere penitence, led him to the chapter-houfe of Winchefter, and there adminiftered 20 an oath to’ him, by-which he again fwore fealty and obe- dience to te Innocent and his fucceffors; promifed to love, maintain, and defend holy church and the. clergy 5 engaged that ia ere re-eftablifh the good laws of his aaceftors, particularly thofe of St. Ed lward, and would abolifh the wicked ones; and exprefled his refolution of maintaining juftice and right in all his dominions *,. The primate next gave him abfolution in the requifite forms, and admitted him to dine with him, to the great joy of q M. Paris, p. 166. r M, Paris, p. 167. s M, Paris, p. 166, Ann, Waverl. p, 173. t M, Paris, p, 266. al] ail &e¢ ia CHAP, x1, aaa ae 121%. th July. ¥ —_— phe —_ Lr ~ a 4 © ae pnw? C hy Pa rn In -_ » a= Le C HA P. all the people. The fentence of interdi@ was ftill up- af J boon ae) held > Nicholas, 4243: bifhop of Frefcati, came into England, in lieu of Pan- dolf ; e’s intentions never ill eS eee eee a nary ill Full reititution were made to CG to loofen that fentence 7 J the c er Ct taken from them, and ample re- ad fuftained. He low voice in the s could be eftimated Certain barons were appointed to take an account of the claims; and John sithed + the ropa thet sf the was attonilhed the greatneis of the fums to which the clei nt. (No lefs than twenty fands narks 1 lemanded by the monks of Canter- } 5 alone thoufand for the fee of Lin- coln; and the ki ing, s fndl 1g thefe pretenfions to be exorbi- tant and endlefs, offered the clergy the fum of an hundred 0 1oufand marks for a final acquittal. The clergy rejected fs offer with difdain; but the pope, willing to favour his new vafal, whom he found zealous in his declara- tions of fealty, and_ re; in paying the ftipulated tri- bute to Rome; directed his legate to accept of forty thou- fand. ‘The iflue of the whole was, that the bifhops and confiderable abbots ¢ got reparation beyond what they had any title to demand : The inferior clergy were obliged to fit down contented with their lofles: And the king, after the interdict was taken off, renewed y in the moft fo- lemn m; nner, and by a new charter, fealed with gold, his profefGons of homag ge and obedience to the fee of Rome. R214. WHEN this vexatious affair was at lat brought to a con- clufion, the ki ing, as if he had nott hing farther to attend to but triumphs and viGories went over to Poictou, which ftill acknowledged his putluniey "; and he carried * Quem Elcanor died in 1203 or 1204. war war into Philip’s dominions. He befieged a caftle near Ts . Angiers; but the approach of prince Lewis, Philip’s fon, a bhi him to raife th with fuc i bei As that he ieft his tents, machines, and him; and he returned to England with dif, the fame time, ne heard. of the great and decifive victory gained by the king of France at Bovines over the emperor Otho, who had entered France at the head of* 150,000 A Germans; a victory which eftablifhed for ever the glory Philip, and gave full fecurity to all his dominions. John could, therefore, think henceforth of nothing far- ther, th: 2 of ruling peaceably his own kingdom; and his clofe conjunction with the pope, which he was deter- mined at any price to maintain, enfured him, as he ima- gined, the certain attainment of that object. But the laft and moft grievous fcene of this prince’s misfortunes {till awaited him; and he was deftined to pafs through a feries of more humiliating circumftances than had ever yet fallen to the lot of any other monarch, and by Difeontents UT ‘ . of the ba- William the Conqueror had much infringed the liberties, rons, however imperfect, enjoyed by the Anglo-Saxons in their THE introduétion of the feudal law into Eng 1 ancient government, and had reduced the whole people to a ftate of vaflalage under the king or barons, anc greateft part of them to a ftate of real flavery. The ne- ceflity alfo of entrufting great power in the hands of a ion over a prince, who was to maintain a military domi vanquifhed nation, had engaged the Norman barons to fubmit to a more fevere and ‘abfolute p yrerogative than that to which men of their rank, in other feudal governments, were commonly fubjected. The power of the crown, once raifed to a high pitch, was not eafily reduced ; and the nation, during the courfe of a hundred and fifty years, was governed by an authority, unknown, in the fame de- gree, to all the kingdoms founded by the northern con- querors. 4 CHAP, 1234. HISTORY OF ENGLAND. querors. Henry I. that he might allure the people to give an exclufion to his elder brother Robert, had granted em a charter, favourable in many ‘particulars to their liberties ; Stephen had renewed this grant ; Henry If, had confirmed it: But the conceffions of all thefe princes had {till remained without effect; and the fame unlimited, at leaft irregular authority, continued to be exercifed both by them and their fucceflors. The only happinefs was, that arms were never yet ravifhed from the hands of the barons and people: The nation, by’a great confederacy, might {till vindicate its liberties: And nothing was more likely, than the chara€ter, conduét, and fortunes of the reigning prince, to produce fuch a general union and combination againft him. Equally odious and contempt ible, both in public and private life, he affronted the barons by his infolence, difhonouted their families by his gallantries, enraged them by his tyranny, and gave dif- content to all ranks of men by his endlefs exaétions ahd impofitions ”. The effect of thefe lawlefs praétices had already appeared in the general demand made by the ba- rons of a reftoration of their privileges ; and after he had reconciled himfelf to the pope, by abandcning the inde- pendance of the kingdom, he appeared to all his fubjects in fo mean a light, that they univerfally thought they might with fafety and honour infift upon their preten- fions. But nothing forwarded this confederacy fo much as the concurrence of Langton, archbifhop of Canterbury ; aman, whofe memory, though he was obtruded oh the nation by a palpable incroachment of the fee of Rome, ought always to be refpected by the Englith. This pre- late, whether he was moved by the generofity of his na- ture and his affection to public good ; or had entertained W Chron, Mailr. p. 238, T. Wykes, Pe 36, Ann. Waverl, ps 18% W. Heting. p. 557. Q an to sO: ING an animofity againft John, on account of the long oppo» fition made by that prince to his election ; or thought that an acquifition of liberty to the people would ferve to encreafe and fecure the privileges of the church ; had formed the plan of reforming the government, and had prepared the way for that great innovation, by inferting thofe fingul he adminiftered to the king, be ar claufes above-mentioned in the oath, which from the fentence of excommunication. Soon after private meeting of fome ae acipal barons at Lo fhowed them a copy of Henry T.’s chat whicl he had happily found in a monaftery; and he exhc them to infift on the renewal and obfervance of it: The barons {wore, that they would fooner lofe their lives than depart from fo reafonable a demand ¥. ‘The confederacy began now to fpread wider, and to comprehend almoft all the barons in England; and a new and more nun OUS meeting was fummoned by Langton at St. Edmond{ fbury, under colour of devotion. He again produced to the af- fembly the old charter of Henry ; renewed his exhorta- tions of unanimity and vigour in the profecution of their purpofe ; and reprefented in the ftrongeft colours the ty- ranny to which they had fo long been fubje&ted, and from which it now behoved them to free themfelves and their polterity *«. The barons, inflamed by his eloquence, in- cited by the fenfe of their own wrongs, ahd eticouraged by the appearance of their power and numbers, folemnly took an oath before the high altar, to adhere to each other, to infift on their demands, and to make endlefs war on the king, till he fhould fubmit to grant them’. They agreed, that, after the feftival of Chriftmas, they would prefer in a body their common petition; and in the mean time, they feparated, after mutually engaging, that they would put themfelves in a pofture of defence, would inlift w M, Paris, p. 167, % Ibid, p. 178 ¥ Ibid. pe 2766 men Novembet, f | a) go HISTORY OF ENGLAND. ec 3 P. men and putchafe arms, and would fupply their caftles I. } teed With the neceflary provifions. ¥2T5. Tue barons appeared in London on the day appointed; onde and demanded of the king, that, in confequence of his own oath before the primate, ds well as in deference to their juft rights, he fhould grant them 4 renewal of Hen- ry’s charter, and a confirmation of the laws of St. Ed. ward. ‘The king, alarmed with their zeal and unanimity, as well as with their power, required a delay ; 3 promifed, that, at the feftival of Eafter, he would give them a pofi- tive anfwer to their petition ; and offered them the arch- bifhop of Canterbury, the bifhop of Ely, and the earl of Pembroke, the Marefchal, as fureties for his fulfilling this engagement”. “The barons accepted of the terms, and peaceably returned to their caftles. xsth Jan, DourinG this interval, John, in order to break or fub- due the league of his barons, endeavoured to avail himfelf of the ecclefiaftical power, of whofe influence he had, from his own recent misfortunes, had fuch fatal expe~ rience. He granted to the clergy a charter, relinquifhing for ever that important prerogative, for which his father and all his anceftors had zealoufly contended ; yielding to them the free election on all vacancies ; referving only the power to iflue a congé d’elirey and to fubjoin a con- firmation of the election; and declaring, that, if either of thefe were with-held, the choice fhould neverthelefs be deemed juft and valid *. He made a vow to lead an army i into Paleftine againft the infidels, and: he took on him the crofs ; in hopes, that he fhould -receive from the church that protection, which fhe tendered to every one that had entered into this facred and meritorious engagement °, z M. Paris, p. 176, W. Weft. p, 273. a Rymer, vol. i. p. 197 » Rymer, vol, i, Pp: 200, ‘Triyet, pr 162, Ty Wykes, P: 37 M. Wei. pe 273s And fon Oo. Re By And he fent to Rome William de Mauclerc,®C HA P in order to appeal to the pope a violence of his barons, and procure him a favourable fentence from +‘ powerful tribunal *. The barons alfo were not neg ‘on their part in endeavouring to engage the pope in their interefts: They difpatched Euftace de Vefcie to Rome laid their cafe before Innecent as their feudal lord ; aay petitioned him to eure his authority with the king, and oblige him to reftore and confirm all their juftand un qd doubted privil a ae beh held with o the difturbances which had arifen in England, and was much inclined to favour John in his pretenfions. He had no hopes of retaining nd extending his newly acquired fuperiority over that kingdom, but by fupporting fo bafe and degenerate a prince, who was willing to facrifice every confideration to his prefent fafety: And he forefaw, that, if the admi= niftration fhould fall into the hands of thofe eallant and ited barons, they would vindicate the honour, d independance of the nation, with the fame ardour which they now exerted in defence of their own. Pe He wrote letters therefore to the prelates, to the nobility, uid to the king himfelf. He exhorted the firft to employ sin conciliating peace between the con= their good of. | and putting an =x to civil difcord: o exprefled his difapprobation of their g force to extort conceffions from rn: The laft, he advifed to treat his nobles with grace and indulgence, and to grant them lands as fhould appear juft and re fuch of their der CHE e HE fe lett. that +h- it Pa that th well as the 1, . 4 ~ kiy advanced. Rume 196, 107» toa a ee i me fa! fae 4 f that it excee i er the power of fi an to controul them. They : fi rf he : en not fe- a would , that approbation of their feized with the na- of — i€tory, which, under they had every iftrate. The pope power over all the churches: Their and immunities, were TIS, of general coun- The whole the court the fame leaft felt, sretenfions. us vaca interdict of bitrary manner; - dienities, to per- inclination of — The En g] was univerfally difgufted ; ton himfelf, though he ov n to an iicocspigas the Romifh fLakthi4 ettablii ice, than he in his high of Cs ant nexed to it, and form- ed SSO © dertag 2 amet 33 éd attachments with the diction. Thefe caufes reg a ey gS eyes of men, Phe tide fi nft the fovereien pontiff: bounds to the ufurpations {topped, and then turned And it is otherwife inco le, how that age, fo prone +e F atiees 7 to fuperftition, and fo in ignorance, or rather fo devoted to a fpuri ing into an abfolute and Rome. Fao. in nm — or tneod Pog ha oi the€rons, 2006 2006 ithe ~ +1. am 27 A 5 the C= than he burft into a furjou barons did alfo dem h ing, that he would never nt : ry God and of 3; and they ther ceremo $4 Sis troRryY OF ENGLARS Cc HAP the caftle of Northampton during fifteen days, n a, pes though without fuccefi of Bedford caftle t were willi opened to them by William Beauchamp, sth May. its owner + advanced to Ware in their way to Lon- don, whi they held a correfpondence with the principal citizens: ‘They were received without oppofition into that ca And finding now the fuperiority of their force, they iffued proclamations, requiring the other barons to join them, cl menacing them, in cafe of r delay, ; aftation on their houfes and eftates . to fhow what might be their profperous arms, they made incur- 4 yndon, and laid wafte the king’s parks and 1d all the barons, who had hitherto carried the ng the royal party, were o glad of this pretence for openly joining a caufe, which they always had fecretly favoured. The king was left at Odit ham in Surrey with a yor retinue of only feven knights; and ts to elude the blow, after ences to the pope alone, or to four to be chofen by himfelf, and four by h, he found himfelf at laft obliged to fub- a le pe - mut at dicretion. A CONFERENCE between the king and the barons was appointed at Runnemede, between Windfor and Staines; has ever fince been extremely celebrated, on account of this xreat event. The two parties en- " iw z ° camped apart, like open enemies ; and after a debate of a few d: the king, “with a facility fomewhat fufpicious, z9th June, figned and fealed the charter which was required of him. famous deed, commonly called the GREAT CHAR- JRE TER, either granted or fecured very important liberties M. Patis, 177. Chron, Duntt, voli. ps 714 ¢ M, Pats, and yD. ks, es to every order of men in the | ox t=) an } = » 1, to the baron ot taut d to the peop.e -edom of elections was fecured to the c The former charter of the king was confirmed, by 1 3 GR the neceffity of a royal congé d’elire and confirmation was fuperfeded: All check upon appeals to Rome was re- moved, by the allowance granted every man to depart the k es at pleafure: And the fines to be impofed on the clergy, for any offence, were ordained t proporti to their lay efta ~ hon tae Alsatian henerre not to their ecclefiaftical benefices. nted to the barons were either abate feudal law, or determinations ~ shew ba ay oak tte in points which had been left that law, or had become and ambiguous. he reliefs of n =O 4 mulitary f fee were afcertained ; an earl’s and baron’s at a hundred marks, a | hundred fhillinges. It w cnight’s at 2 ) t Le = hia a minor, ediately upon his 2 i. upon Ni ill not only reafonable profits upo - Ing Wwalte or hurting the ] a8 Said see it the ouardianfhip of the eftate to the fl other, he fhall previoufly oblige them to find ri yy | fe } b4 oo nt hearnn «rh fame purpofe, During the minority of a Daron, WA his lands are in wardfhi SRD LN t in his owr stot. iis lands are in wardfhip, and are not in his own polici- fion, no debt which he owes { mntereit, to the Jews fhall- bear any without difparagement 5 the neareft relations > informed of it. A widow, without all enter upon her dower, the third part of her hufband’s rents: She fhall not be compelled to marry, fo lon ry, s fhe chufes to continue fingle; fhe o > fhall only give ss never to marry without her lord’s os confent. 5 Ey ai conient n , 5 pretence or any < AIG, eX fivity, t ‘ é 14 1 GEDL and cl} an in than h {tal } table Of en! 1iCiC-£ Z fon. ¢ zon, ¢ yieI _ 10Fapi 11 inferior ! n;C and all provifions, which the barons, for the : were obliged to make, in order to enfure the free an = table admin * nefit of the bai e principal : of IT was ed S above-mentioned, ; = fhould be extended by 1s to oe ferior vaflals. The kine bound ran writ, empower- » levy aids from his vaflals, except in the if ° One ht nd Oo! mca iha be 1 eftablifhed throug allowed to tranfact al *ntettat intleita crown > confent no longer Fay: -ieet ihall ? Oar 1 7 s fhall be incapacitated to hold hall not put any perfon upon his = from rumour or fufpicion alone, but upon the ; ts Sto eee evidence of lawful w No freeman fhail be 4 88 HISTORY OF ENGLAND. 4 P. or imprifoned, ot efied of his free tenement and ij- berties, or outlawed, or banifhed, or any wife hurt or head § injured, unlefs by the legal judement of his peers, or by 1c law of the land; and a otherwife in this or the two for reigns, fhall be reftored to their Tm Yr s and potietiio j p 10n to his fault ; tic fhall not by any and implements of frank tor tne cihons ; ana is conceffion, z t nay pepe ie. s oe : fae til] 1 their iwords in their hands, and could turn them ao thofe whx on any pretence, to depart from : hie OFie inal eTant, V J4.07U18 SN. 8y with fuch C HAP. tion, during fo many generations, {till defi an obftinate perfeverance, to have recalle ‘They were chiefly thefe latter articles of and the barons, who, at the beginning of thefe commo- tions, demanded the reviv 5 l of the Saxon laws, undoubt- fied the people, edly thought, that they had { by procuring them this conceflion, a comprehended the principal objects, to which they had fo long afpired. ence and But what we are moft to at is the . levels moderation of thofe haughty nables themfelves, who were 26 Cs y oppofition, and elated by They were content, even in this plenitude of power, to depart from fome arti- FY 1 1 Ta ha 7 q. cles of Henry 1.’s ch Se which the ey made the founda~ tion of thei ~ = i 2 oS ° en a pt ? wardfhips, a matter of the ¢ hey feem faithlefs and tyrannical character id long had expe- hey forefaw, would, if they pro- 1} him feon to infringe their seur liberti nd revolee hic Own c reetion new ilperties, anarevoxke nis own concenions. Or admonifh the fatisfation were not a ee | u 4 whole council’ of council, 1e charter, ae compel him to and, ace, me = attack his were bound, it obedience to ho were to POE Hr) red redrefs, sat Chi bemar] Roger Bigod, f Oxford, Wil- liam Le Gil- bert re, Euftace de Gi Ibert perme zz Geoft rluntinofeld, nie de TTIW: 7 At . D: William de Aubenie, Richard de ] ] Pp RAT linge > v ul ¢ obert, Walliam ‘ae a iz r de Montfichet *. n, really invefted ‘They were ren- ai CcO=OrI rather faperior ta 1 trong proof that.t] ons was not then in t 1e i bur 1 counties could of grievances, without fo unufual an election him, yo in MN or him, in the exércife of the executive power: And asC HAP. ‘ 5 XT. government, which, either uy tothe i2%5. there was no circumitance of bear a rela direGily or in yo fecurity or obferv ¢ sat Charter; there could fearcely occur any incident, in which they m rht not J lawfilly interpofe th Joun feemed to fubmit paflively to: all. th tions, however injurious to majefty: Hefent writs to ; * O pies ee all the theriffs, ordering them to conitrain every one to fwear obedien } tie Ce seed all his toreic e to the twenty-five barons Ly He n forces: ment was thenceforth te more induleent to the li 1 pecpie. bu favourable opportunity fot Gauge coos The in ] J iries and indigni which he had formerly fered: from the pope and the king of France, as they came from:equals or fu eemed to make but {mall impfreffion. on this { tual and total fubjection s vaffals, funk deep in his mi: to throw off fo ignominious a flavery °. filent, and referved: He fhunned- che courtiers and nobles: He retired into the Ifle of Wigh 4s if defirous of hiding his fhame and confufion; but in inft all fiaries to this retreat he meditated the moft f. mies ?. He fecretly fent abr inlift foreign foldiers, and 3 ae adan- the ons into his ¢ {poils of Eng ; Gi Siow - bets Ss OF Dart a aaa opulent barons, who had incurred the guilt of rebellion, by rifing in arms meflenger to Rome, in order to lay before = - 33 Great Charter, which he had been compelled " n M, Paris, p. 12. © Tbid. p. 133+ p Ibid, q M, Paris, p. 233. Chron. Dual, vol. ie pe 72e Chron, Mailr. p, 188, te | ; i } M4 ', a " f See ae eee [a 92 HIS T-OR5Y -OF @ENGLAND CHA P.to complain, be 1, OS LER IRIN ps ean ed Se Qi ees HAG DECN impoica upon him‘, 32 t tribunz Tare — “ ret +} fn pru fe i r the fen- though ter id’ a general led, and was fufpended, on account s Rymer, of | yee 2 H N. 93 HA P. XI. oe | ion was denounced by 275 name againft the principal barons *; John ftill found, ‘ue oO of his difobedience to the pope, and his fecret correfpond- ence with the king’s enemies °: ‘Though a new and ticular fente e of excommuni that his nobility and people, and even his clergy, adhered to the defence of their liberties, and to their combination againft him : The fword of his foreign mercenaries was all he had to truft to for reftoring his authority. Tue barons, after obtaining the Great Charter, feem to have been lulled into a fatal fecurity, and to have taken no rational meafures, in cafe of the introduction of a foreion force, for re-affembling their armie : > king: was from the firft mafter of the field; and immediately laid fiege to the caftle of Rochefter, which was obftinately defended by William de Albiney, at the head of an hun- dred and forty knights with their retainers, but was at laft reduced by famine. anieeh irrit ated with the refiftance, goth Nov. intended to have hanged tl 11) 14d ali tne varruon > but on the reprefentation of n, who fuggefted to him the danger priz Me he was content to facrifice, in this barbarous manner, the infe foners only ¥. The captivity of W illiam de Albiney the beft officer among: the confederated barons, was an irreparable lofs to their caufe; and no regular oppe itt was thenccforth made to the progr The ravenous and barbarous mercenari cruel and inraged prince, were let loofe aga tenants, manors, houfes, parks of the } ? > Sif devaftation over the face of the kinod Kinga c= was feen but the flames of vill: tortures exercifed by the foldiery to their concealed treafures, and repr rous, committed by the barons and their partizans on the t M. Paris, ps 189. a Rymer, vole i, p, 21%, M, Paris, p. 192 Ww M, Paris, p. 187, 4 royal LAND, of fu ch as ftil ll ads arching throug h the er to Bonwit laid im; and confidered ate property, ag 7 execution. The nobility of the north in particular, who had fhewn -eatett j greateif v covery of their liberties, and e body, had expreffed their dif. s made by the Great Cha 10 mercy, fled before him w ih hafed the friendfhip of ts, by doing homage Sy DY Ing omage aoe c who, at the fer; as sebum could expect } I cont iberties, their pro- j medy no lefs defpe- 1s to the court of France, they fon of Philip, ion, that he would afford on condi iS O: 1 EEE C4L-: them protection from the violence of their en ged pri in Though the fenfe of the common richts of nee the only rights that are entirely indefeafible, might have juttified them in the depo n of their king; they de- before Philip, on a pretenfion, which is clined inf commonly fo di to fovereigns, and which rs. ‘They affirmed, that / founds harfhly in their john was incapable of ‘ceeding to the crown, by rea- =) 3 y fon of the attainde pafled upon him during his brother's 7 reign; though that attainder had. been reverfed, and Richard had even, by his laft will, declared him his fuc ceflor. They pretended, he was already legally P— Tora y fentence +} i ¢ Es t depofed by entence of the peers of France, on account 2w; though that fentence of: the monedse of his could not | ¢ but his tranfmarine dominions, dominions, Which aio crown. On more plaufil he had already depofed himfelf by doin; Ope the ire ‘of his i pof = ul ITC Oi dlis i {i INg ar inagepe await And as was defcended | Sint mies m \d before = in the order of fucce royal family, 1 Purp was fir 1 to lay h rige which was re tn hin *he none’s leoate me= prize wiicn Was 0 C nim. i he pope sie egate me naced him with interdi@s and excommunications, if he > invaded the patrimony of St. Peter, ed a prince, who was under the immediate of the holy fee x: But as Philip was afflured of the obedience of his own vaflals, I and he now underval = formerly pretended ruple was with res seat from the E ments, and the danger of entruftin the hands of men, who migh crimcing: & fity mai ke pez ICE 5 a ple ds i from xe oe the barons twenty- the moft noble birth he in the kingdom Y; and firft fent over a {mall army to the relief of the Con! rate then more numerous forces, who arrived Lewis himfelf at their head Tue firft effect of the young prince’s appearance im Eneland was-the defertion of John’s ri troops, who, ~ 1 j 1 ares being moftly | lin Flanders, and other ‘provinces of x M, Paris, I M. Wet 2 y M. Paris, p- £93 c 1, D 3 4 i 4 H i s j 7 eo HISTORY OF ENGLAND: eir of their monarchy #, » who were ftill John’s +18) } i his caufe: but thev were tc ; fubjeéts, adhered to his caufe ; but they were’ too weak in the field, which they had pc ag t the confederated barons. Many noblemen deferted John’s > earls of Arundel, Warrene, Oxfo1 arle, and William Marefchal th Hi tles fell daily into the nds of the en : over was the only place, which, from the valour and fidelity of Hubert de Burgh, the governo made refiftance to the progrefs of Lewis#: v7) And the b: had. the melancholy profpeé of finally li purpofe, and of efcaping the tyranny ¢, by in on themfelves and the yoke, inion was of fhort dura- Fren tnglifh nobles ; and the imprudence of Lewis, every occafion, fhowed ee we ae too vilible a prererence to the form r, encreafed that jea- loufy, which it ele PE fa na 3 fo natural for he latter to entertain Ihe vifcount of Melun, too, in their prefent fituation”. it is laid, one of is courtiers, fell fick at London, and a | 1 ~ . ~ ’ of death, he fent for fome of his j 14 W yarons, rning them of Uewis’s fecret intentions of exter- minating them and their families as traitors to their eftates an dignities on his PI he could more reafonably / y, whether true or falfe, Am : ; believed ; and concurring \ renders st credshl 44 ndered it credible, did earl of Salif- a 1 198 Chron. Dunft. vol. ts ¢ M. Paris; p. 19% Wy 0, 277 fi, vol, ie p. 78, — where BAY BORN 1eir power is founded on an pendant authority, and is erfe of fortune. le army, with a view crown ; but pati battle for Lincolnfhire, his road lay along the fea - ~ihore, which was overfowed at high water; and not chufing the proper journey, he loft in the inundation all his car- 2 ha BS Bg. he affliction for ges, treafure, RSE knefs under which: he and though he reached the caftle of Nev there, and his diftemper (os in the forty-ninth year reien ; and fr ne dangers, to which it was equally ote cation himfelf, mean and to his ye ) entiouf nefs anywife overcharged, po oe It is ford to oh = or wh I = _ p ener | } rr wWhiehcannearhdo an Inve not even exct Dy the Dbaieneis, Which appeared in his tranfactions with the kir b rone Leia: Bane tami arons, fils Wuropean, don him by the death of his brother, w re extenfive than have ever, fince narch: But province S 1n ime, been ruled by any En oe ne by his mifce antient pathim V OL. iI, Hi 9 g iF, HISTORY OF ENGLAND, Cc HAP. He fubjected his kingdom to a fhameful vaflalage under XI ae the fee of Rome: He faw the prerogatives of his crown 3216. diminifhed by law, and {till more .reduced by faction : And he died at laft, when in danger of being totally expelled by a foreign power, and of either ending his life miferably in prifon, or feeking fhelter as a fugitive from the purfuit of his enemies. THE prejudices againft this prince were fo violent, that he was believed to have fent an embafly to the Mira- moulin or emperor of Morocco, and to have offered to change his religion and become Mahometan, in order to purchafe the protection of that monarch. But though this ftory is told us, on plau fible authority, by Matthew , Paris ¢, it is in itfelf utterly improbable ; except, that there is nothing fo incredible but may be believed to pro- ceed from the folly and wickednefs of John. Tue monks throw great reproaches on this prince for his impiety and eyen infidelity ; and as an inftance of it, they tell us, that, having one day caught a very fat ftag, he exclaimed, How plump and well fed is this animal ! and yet I dare fwear, he never heard mafs'. This fally of wit, upon the ufual corpulency of the priefts, more than all his enormous crim id iniquities, made him pafs with them for an atheitt. Joun left two legitimate fons behind him, Henry, born on the firft of OGtober, 1207, and now nine years of age ; and Richard, born on the fixth of January, 1209; and three daughters, Jane afterwards married to Alex- ander king of Scots; Eleanor married firft to William Marefchal the younger, carl of Pembroke, and then to Simon Mountfort, earl of Leicefter; and Ifabella married to the emperor Frederic If, All thefe children were born to him by Ifabella of Angoulefme, his fecond wife, © P, 369, tM, Paris, p. 1705 His Sy Ae ae His illegitimate children were numerous; but none of © H A P+ them were any wife diftinguifhed. Ir was this king, who, in the ninth year of his reign, firft gave liberty by charter to the city of London, con- ferring on it the right of eleGting annually a mayor out of its own body, an office which was till now held for life. He gave the city alfo power to elect and remove its fheriffs at pleafure,: and its common-council-men an- nually. London Bridge was finifhed in this reign: The former bridge was of wood. Maud the emprefs was the firft that built a ftone bridge in England, So great was the fuperitition of the Englifh during this period, that, from the Conqueft to 1216, the ice of 150 years, five hundred and fifty religious houfes were founded, which are five-fevenths of the whole that exifted at their diffolution §. & Anderfon’s Hiftory of Commerce, vol, i. p, 108, H 2 APPENDIX XI, Sie 2 1216, { az0er Jj ae AP’? EN DTX “Tr The FEUDAL and ANGLO-NORMAN GovERNMENT and MANNERS. Origin of the feudal law Its progrefs Feudal government of England The feudal parliament The commons——Fudicial power ——Reve- nue of the crown Commerce The Church Civil Laws Manners. HE feudal law is the chief foundation, both of the political government and of the jurifprudence, eftablifhed by the Normans in England. -Our fubjeét therefore requires, that we fhould form a juft idea of ‘this law, in order to explain the ftate, as well of that king- dom, as of all the other kingdoms of Europe, which, during thofe ages, were governed by fimilar inftitutions. And ‘though I am fenfible, that I muft here repeat many obfervations and refletions, which have been communi- cated by others * ; yet, as every book, agreeably to the obfervation of a great hiftorian >, fhould, be as complete as poflible within itfelf, and fhould never refer, for any thing material, to other books, it will be neceflary, in this place, to deliver a fhort plan of that prodigious fa- bric, which, for feveral centurigs, preferved fuch a mix- ture of liberty and oppreffion, forder and anarchy, ftabi- Z L’Efprit de Loix. Dr. Robertfon’§ hiftory of Scotland, h Padre Paolo Hift, Conc, Trid. H 3 lity Appendix Il. en mnt 102 cd, HISTORY. OF ENGLAND. Appendix Jify and revolution, as was never experienced in any other il. - aye Origin of the feudal law. age or any other part of the world. Arvrer the northern nations had fubdued the provinces of the Roman empire, they were obliged to eftablifh a fyftem of government, which might fecure their con- quefts, as well againft the revolt of their numerous fub- jeéts, who remained in the provinces, as from the inroads of other tribes, who might be tempted to ravifh from them their new acquifitions. The great change of circum- ftances made them here depart- from thofe inftitutions, which prevailed among them, while they remained in the forefts of Germany 5 yet was it ftill natural for them to retain, in their prefent fettlement, as much of their an- cient cuftoms as was compatible with their new fitua- tion. Tue German governments, being more a confederacy of independant warriors, than a civil fubjeétion, derived their principal force from many inferior and voluntary af- fociations, which individuals formed under a particular head or chieftain, and which it became the higheft point of honour to maintain with inviolable fidelity. The glory of the chieftainconfifted in the number, the bravery, and the zéalous attachment of his retainers : The duty of the retainers required, that they fhould accompany their chieftain ia all wars and dangers, that they fhould fight and perifh by his fide, and that they fhould efteem his re- nown or his favour_a fufficient recompence for all their fervices'. The prince himfelf was nothing but a great chieftain, who was chofen from among the reft, on ae- count of his fuperior valour or nobility ; and who derived his power from the voluntary affociation or attachment of the other chieftains, WHEN ae tribe governed by thefe ideas, and actuated by thefe principles, fubdued a large territory, they founds Tacit, de Mor, Germ, that, A PoP E ND xX. ih 103 that, though it was neceflary to keep themfelves in a mi- Appendix ° litary pofture, they could neither remain united in. a body, , ; nor take up their quarters in feveral garrifons, and that their manners and inftitutions debarred them from ufing thefe expedients ; the obvious ones, which, in a like fitu- ation, would have been employed by a more civilized na- tion. ‘Their ignorance in the art of finances, and per- haps the devaftations infeparable from fuch violent con- quefts, rendered it impracticable for them to levy taxes fufficient for the pay of numerous armies; and their Fepugnance to fubordination, with their attachment to rural pleafures, made the life of the camp or garrifon, if perpetuated during peaceful times, extremely odious and difguftful to them. They feized, therefore, fuch a pro» portion of the conquered lands as appeared neceflary ; they afligned a fhare for fupporting the dignity of their prince and government; they diftributed other parts, un- der the title of fiefs, to the chieftains ; thefe made a new partition among their retainers; the exprefs condition of all thefe grants was, that they might be refumed at plea- fure, and that the pofleflor, fo long as he enjoyed them, fhould ftill remain in readinefs to take the field for the defence of the nation. And though the conquerors im~ mediately feparated, in order to enjoy their new acquili- tions, their martial difpofition made them readily fulfil the terms of their engagement: They affembled on the firft alarm; their habitual attachment to the chieftain made them willingly fubmit to his command ;, and thus a regular military force, though concealed, was always ready, to defend, on any emergence, the intereft and honour of the community. WE are not to imagine, that all or even the ereateft part of the conquered lands was yeized by the northern conquerors ; or that the whole of the land thus feized was fubje&ted. to thofe military fervices. This fuppofition is H 4 confuted 104 HISTORY OF ENGLAND, ry of all the nations on the contitent, siven us of the German manners by the ay convince as that that bold pesple been content with fo precarious a fub- fiftence, “or have fought to procure eftablifhments, which ood pleafure’ of their ins accepted of tinue during the ¢ sh the northern ¢ confidered as a kind of military pay, ing or general; they being heredledby enabled them to maintain their native lil ‘t, without court-favour, the honour of t! : P; a diff 1A the fe e ° . t erence, in the confequences, the ft 1 7 ’ % : - a law, between the diftribution of a pecuniary fubfiftence, and burdened with the condition of The delivery of the former, at the weekly, monthly, or annual terms‘of payment, ftill re- > idea of a voliintary gratuity from the prince, and reminds the ft hold oldier of the precarious tenure by which he 3 his commiffion. ‘But the attachment, ‘naturally formed with a fixed portion of land, gradually begets the idea of fomethir forget his dependant fituation, and the condition which like property, and makes the pofleffor was at firft annexed to the grant. It feemed equitable, that one who had cultivated and fowed a field, fhould reap the harveft: Hence fiefs, which were a€ firit entirely precarious, were foon made annual. A man, who had emp! d his money in building, planting, or other im- provements, expected ‘to reap the fruits of his labour or expence: Hence they were next granted during a term of years. It would be thought hard to expel a man his pol PAtnAAd o>} 1, 4 a fefions, who had ; done his ve and performed the ‘conditions on which he origir ally received them: Hence the chieftains, in a fubfequent period, thought 3 themfelyes themifelves entitled to°demand the enjoyment of their feu- Appendix dal'lands ‘during life... It wa more willingly expofe himfelf in battle, if afiured,* that his'family fhould inherit his pofleflions; and fhould not be left by his death in.want and poverty : Hence fiefs were made’ hereditary im families, and defcended, duri next to age, ‘to ‘the’ fon, then tothe thers, “and afterwards to more idea of property ftole in gradually upon that of military h century made fome fenfibleaddition to the pay; and ftability of fiefs and tenures. In all thefe fucceffive acquifitions, the chieftain was fupported by his vaffals ; who, having originally a‘firong connexion with him, augmented by the conftant inter- courfe of good offices, and by the friendfnip arifing from vicinity and dependance, were inclined ‘to follow their leader againft all his enemies, and voluntarily, in his prix vate quarrels, paid him the fame obedience, to which by While he re'the pofleffion of their tenure the oy were bound‘in foreign war Oe daily advanced new pret snfions to fe his fuperior fief, they €xp ected to find the fame advantage, in acquiring ftability to their fubordinate ones; and they zealoufly oppofed the intrufion of anew lord; who would be inclined, as he was fully intitled, to beftow the pof- fefion of their lands on his own favourites and retainet Thus ‘the authority of the fovereign gradually decayed ; and each’ noble, fortified in his own r by the at- tachment of his va rful ‘to be ex- pelled by an order } 0 he fec cur ed by law what he had at firfteacquired by ufurpation. Durine this precarious ftate of the fupreme power, 2 difference would immediately be xperienced between thofe portions of territory which were fubje: sted to the feudal tenures, and thofe which were poffeffed | by an allo- k Lib, Feud, lib, x. tit. 1 eS ee | r06 ‘HISTORY OF ENGCLANE Appendix dja] or free title. Though the latter pofleffions had af ten firft been efteemed much preferable, they were foon found, by the progreffive changes introduced into public and pri- vate law, to be of an inferior condition to the former, The pofleflors of a feudal territory, united by a regu- lar fubordination under one chief, and by the mutual attachments of the vaflals, had the fame advantages over the proprictors of the other, that a difciplined army enjoys over a difperfed multitude; and were enabled to commit with impunity all injuries on their defencelefs neighbours. Every one, therefore, haftened to feek. that proteétion which he found fo neceflary ; and each allodial proprie- tor, refigning his pofleffions into the hands of the king, or of fome nobleman refpected for power or valour, re- ceived them back with the condition of feudal fervices 1, which, though a burden fomewhat grievaus,, brought him ample compenfation, by connecting him with the neighi- bouring proprictors, and placing him under the guardian- fhip of a potent chieftain. The decay of the political government thus neceflarily occafioned the extenfion of the feudal: The kingdoms of Europe were univerfally divided. into baronies, and thefe into-inferior fiefs: And the attachment of vaflals- to their chief, which was: at firft an effential part_of the German manners, was ftill fupported by the fame caufes from which it at firkt arofe ; the neceffity of mutual protection, and the continued in- tercourfe, between the head and.the members,. of benefits and fervices. Bur there was another circumftance, which corrobo- i rated thefe feudal dependancies,. and. tended to connett the vaflals with their fuperior lord by an indifloluble bond of union. ‘The northern conquerors, as well as the more early Greeks and Romans, embraced a policy,. which-s unavoidable toall nations that have made flender advances * Marculf, Form, 47. apud Lindenbr. p. 23%. ACPOPY EN D EK UN: in rehnement: ‘They every where united the civil jurif- diGion with the military power. Law, in its commence-, ps ment, was not an intricate fcience, and was more go- verned by maxims of equity, which feem obvious to com- mon fenfe, than by numerous and fubtile principles, ap- plied to a variety of cafes by profound reafonings from analogy. An officer, though he had paffed his life in the field, was able to determine all le; controverfies which could oceur within the diftri& committed to his charge ; and his decifions were the moft likely to meet with a prompt and ready obedience, from men who re {pected his perfon, and were accuftomed to act under his command. The profit, arifing from punifhments, which were then chiefly pecuniary, was another reafon for his defiring to retain the judicial power ; and when his fief became hereditary, this authority, which was effential to it, was alfo tranfmitted to his pofterity. —The counts and other magiftrates, whofe power was merely official, were tempted, in imitation of the feudal lords, whom they re- fembled in fo many particulars, to render their dignity perpetual aud hereditary ; and in the decline of the regal power, they found no difficulty in making good their pre- tenfions. After this manner the vaft fabric of feudal fub- ordination became quite folid and comprehenfive; it formed every where an eflential part of the political con- ftitution ; and the Norman and other barons, who fol- lowed the fortunes of William, were fo accuftomed to it, that they could fcarcely form an idea of any other {pecies of civil government ™. Tue Saxons, who conquered England, as tl minated the ancient inhabitants, and were fecured by the fea againft new invaders, found it lefs requilite t m The ideas of the feudal government were fo rooted, that even lawyers, in thofe ages, could not form a notion of any other ¢ tion. unm, (fays Bracton, lib, a, cap. 34.) quod ex comitatibus & b us diciiur xe cun= Pitutum, 2 tala +68 - HISTORY OF ENGLAND, ofture : The quantity of ij, eae | pe eres Lana mall value; and for that rea , which they annexed to offices, feems to have been n-continued the longer nal fituation, and was always poflefled during thofe who were intri ed with the command, snditions were too: precarious, to: fatisfy the Nor- joyed more independant. poffef- and William d, in the new diftribution. of land, to copy the tions in th wn country ; which were now.become univerfal on the conti- England of a fudden became a-feudal kingdom’; dvantages, and. was.expofed to all the incenveniencies, incident to that. fpecies_of civil les of the feudal law, the AcCORDING to the princi was the fupreme lord of the landed, property : All ors, who enjoyed the fruits or revenue of any, part of it, held thofe-privileges, either mediately or immedi- of him; and:their property-was conceived to be, in eree, conditional °. The land »was ftill appre- h was the original operty ; and the vaflal owed, in be‘a fpeci stinn | le ee ee ee ption or a reucal return for it, {tated fervices to his baron, .as the. baron nd to the crown. The yaflal was is baron in»war ;:and the.baron,,at s, was bound to-fight in defence ot the head of his vz the kine lom. But befides thefe militaryder- ul, there were:others.impofed of a t and perpetual. that any. man, trained up to honour, nured--to arms, was ever to be governed, without his own confent; by the:abfolute will ) of another; or that ¢ niftration of juftice was ever n Coke Lit. pa Iy-2e ad fed, 1, @ Somner of Gavelk, p. 109, te to be exercifed by the private dn of any one magi- ftrate, without the conc of fome other perfons, whofe intereft might induce them to check his arbitrary and iniquitous decifions. ‘The king, therefore, when he found it neceflary to demand any fe >of his barons. or chief tena nts, beyond what was due by their tenures, was obliced to aflemble them, in order to procure their confent : And when it was neceflary to determine any con- troverfy, which might arife among the barons themfelves, the queftion muft be difcuffed in their prefence, and be decided according to their opinion or adv MOT In thefe two circumftances of confent and advice, cont t nt barons; ahd the civil fervices of the anci all the confiderable incidents of governments. In one 1 4 ardéd this attendance as their prin- view, the barons re; mn. 1 hat Sie lege : ie je Be cipal privilege ; in another, as a orievous ~ no momentous affairs could tranfaéted without their confent and advice, was in general efteemed the great fecu- oe fions and dionities: But as th rity of their pofl y reaped no immediate profit from their attendance at court, and were expofed to great inconvenience and charge by an ab- fence from their own eftates, every one was glad to ex- empt himfelf from each particular exertion of this power ; and was pleafed both that the call for that duty fhould feldom return upon him, and that others fhould undergo the burden in his ftead. The king, on the other hand, ons, that the aflembly of the barons fhould be full at every ftated or cafual time of meeting: This attendance was the chief badge of their fubordination to his crown, and drew them from that in- dependance which they were apt to affect ‘in their own caftles and manors; and where the meeting was thin or was ufually anxious, for feveral real ill attended, its determinations had lefs authority, and commanded not fo ready an obedience from the whole sommufhity, THE 10g Appendix il, meee eed fa" Iie Appendix il. ee ad HISTORY OF ENGLAND. THE caf as with the king in > was the fame with the barons in their courts he fu Lay was requifite to aflemble the vafl ywerne council of the nation. It 1 i Ps) Ss, in order té determine by their vote any queftion which regarded the barony ; and they fat along with the chieftain in all] trials, whether civil or criminal, which occurred within the limits of their jurifdiction. They were bound to pay fuit and fervice at the court of their baron; and as their tenure was military, and confequently honourable, they were admitted into his fociety, and partook of his friendip. Thus, a king- dom was confidered only as a great barony, and a barony as a {mall kingdom. The barons were peers to each other in the national council, and, in fome degree, companions to the king: The vafials were peers to each other in the court of barony, and companions to their baron P, Bur though this refemblance fo far took place, the vaflals, by the natural courfe of things, univerfally, in the feudal conftitutions, fell into a greater fubordination under the baron, than the baron himfelf under his fove- reign; and thefe governments had a neceflary and infal- lible tendency to augment the power of the nobles, The great chieftain, refiding in his country-feat or caftle, which he was commonly allowed to fortify, loft, in a great meafure, his connexion or acquaintance with the prince; and added every day new force to his authority over the vaflals of the barony. They received from him education in al] military exercifes : His hofpitality invited them to live and enjoy fociety in his hall: Their leifure, which was great, made them perpetual retainers on his perfon, and partakers of his country {ports and amufe- ments: “Chey had no means of gratifying their ambition but by making a figure in his train: His favour and coun- tenance was their greateft honour: His difpleafure expofed them to contempt and ignominy: And they felt every _? Du Cange Gloff. in verb. Par, Cujac, Commun, in Lib, Feud, lib. x tit, bp 18. Spelm, Gloff, in verb, moment RiPeev’ NvD) Laks. Ik, ymoment the neceflity of his protection, both in the con- troverfies which-occurred with other vaflals, and what was more material, in the daily inroads and injuries which were committed by the neighbouring barons. During the time of general war, the fovereign, who marched at the head of his armies, and was the great protector of the fate, acquired always fome acceffion to his autho ity, which he loft during the intervals of peace and tranquil- lity: But the loofe police, incident to the feudal confti- tutions, maintained a perpetual, though fecret hoftility, between the feveral members of the ftate; and the vaflals found no means of fecuring themfelves againft the injuries, to which they were continually expofed, but by clofely adhering to their chief, and falling into a fubmiffive depend- ance upon him. Ir the feudal government was fo little favourable to the true liberty even of the military vaflal, it was {till more deftru&tive of the independance and fecurity of the other members of the ftate, or what in a proper fenfe we call the people. A great part of them were /erfs, and lived jh a ftate of abfolute flavery or villainage: ‘Che other in~ habitants of the country paid their rent in fervices, which were in a great meafure arbitrary ; and they could expect no redrefs of injuries, in a court of barony, from men, who thought they had a right to opprefs and tyrannize over them: The towns were fituated either within the demefnes of the king, or the lands of the great barons, and were almoft entirely fubjeted to the abfolute will of their mafter. The languifhing ftate of commerce kept the inhabitants poor and contemptible; and the political in- ftitutions were calculated to render that poverty perpetual. The barons and gentry, living in ruftic plenty and hof- pitality, gave no encouragement to the arts, and had no demand for any of the more elaborate manufactures : Every profeffion was held in contempt but that of arms : And if any merchant or manufacture: rofe by induftry and Tit Appendiz II, ery HISFORY OF ENGLAND. rality to a deorce of opul udal governments > royal: autho- ean ftates; h of monarchical power, he community would every idant baronies, and lofe’ the | were cemented, In éleé »mmonly anfwer- able to this 1; and the | ining ground on every vacancy of ‘the throne, raifed themfelves almoft to afl vereignty, and facrificed to their power both tl h | the liberties of the people, Bu 1d of authority, fn = iy 1ubvertec 1; and there were feveral ree of influence in the hich ftill maintained a de g ver lofe view entirely of itution, which bound ment obliged to have xacting fealty ahd fub: er barons, finding left them expofed s and injuries of more po- to. the ‘crown, and d equal laws. The neta 2 st c er intereft to defire the grandeur of g being the lecal magiftrate, every internal. convulfien or opprefiion, oh WE PE Faraced Tie creat nobles as his immediate rivals, f i . omice of gener guardian or protector ogatives with which the AAR BvESNiD GX OIL the law invefted him; his large demefnes and numerous 113 Appendix Il. retainers rendered him, in one fenfe, the greateft baro een in his kingdom ; and where he was poflefled of perfonal vigour and ability (for his fituation required thefe advan- tages) he was commonly able to preferve his pease and maintain his ftation as head of the commut the chief fountain of law and juftice. Tue firft kings of the Norman race were favoured by another circumftance, which preferved them from the en- croachments of their barons. They were generals of a conquering army, which was obliged to continue in-a military pofture, and to maintain great fubordination un- der their leader, in order to fecure themfelves from the revolt of the numerous natives, whom they had bereaved of all their properties and privileges. But though this circumftance fupported the authority of William and his immediate fucceflors, and rendered them extremely abfo- lute, it was loft as foon as the Norman barons began to incorporate with the nation, to acquire a fecurity in their pofleffions, and to fix their influence over their vaffals, tenants, and flaves. And the immenfe fortunes, which the Conqueror had beftowed on his chief captains, ferved to fupport their independancy, and make them formidable to the fovereign. He gave, for inftance, to Hugh de Abrincis, his fifter’s fon, the whole county of Chefter, which he erected into a palatinate, and rendered by his grant almoft independant of the crown’. Robert, earl of Mortaigne had 973 ma- nors and ferdiitps : Allan, earl of Britanny and Richmond, 442: Odo, bifhop of Baieux, 439‘: Geoffrey, bifhop of Coutance, 280°: Walter Giffard, earl of Bucking- ham, 107: William, earl Warrenne, 298, befides 28 towns or hamlets in Yorkfhire: ‘Todenei, 81: Roger q@ Cambd. in Cheth, Spel. Gloff. in verb. Comes Palatinus, * Brady's Hift,’p. 198, 200, & Order, Vital, Von, If, I Bi The feudal Parliament, eS HISTORY OF ENGLAND. yert, earl of Eu, 119: Roger Mortis feveral hamlets: Robert. de Stafford, r de Eurus, earl of Salifbury, 46: Geoffrey le, 118: Richard de Clare, 171: Hugh de Beauchamp, 47: Baldwin de Ridvers, 164: Henry de Ferrers, 222: William de Percy, rrg*: Norman d’Arey; 22 Sir I y Spelman computes, that, in the large YJ o county of Norfolk, there were not, in the Conqueror’s time, above fixty+fix proprietors of land». Men, po fefled of fuch princely revenues and jurifdictions, could not long be re ined in the rank of fubjeés. The great earl Warrerine, in a fubfequent reign, when he was quef- tioned concerning his right to the lands which he poffef- ed, drew his fword, which he produced as his title; add- ing that William the Baftard did not conquer the kingdom himfelf; but that the barons, and his anceftor among the eft, -were joint adventurers in the enterprize *, THe fupreme legiflative power of England was lodg- ed in the king and great council, or what was, after- wards called the parliament.. It. is not doubted but the archbifhops, bifhops, and moft confiderable abbots were conftituent members of this council.. They fat by double title: By prefcription, as having always poflefled that privilege, through the whole Saxon period, from the firft-eftablifhment of .Chriftianity ; and by their right of baronage, as holding of the vice. ‘lhefe two titles of EE in capite by military fer- re never accu- ra diftinguifhed. When the ufurpations of the church 5 a {eparate dominion, and regard their feat in parliament had rifen to fuch a height, as to make the. bifhops affect t. Dugdale’s Baronage, from Domefday-book, vol, i. py 60, 74. iil 32, by BSS 58, 24 0p 2 56s 174) 200, 2075. 22%, 254, 257 54,257 d. 369. Itis remarkable that this family of d’Arcy, ef} oniy m > { nc > a " = the only male’ defcendants of any of the Conqueror’s barons now rer among the peers. Lord Holderneffe is the heir of that family. feems to be Spel. Gloff, in verb, Domefday. x Dug. Bar. vel, i, Ps 79° Origines Jaric les, p, 33, ae AOR cP wit N asa deoradation of their fifted, t they were barons ed, by the general princi; on him-in his great councils ¥. © Yet there fill. remained fome practices, which fup title to be derived merely from ancient poffefiion :. When me co notnre the mene before tac elected, he fat in parlia him reftitution of his. temporalities ; cancy of a fee, the guardian of the fpiritu moned to attend along with the bifhops. ‘THE barons were another conftituent epatk council of the nation. Thefe crown by a military tenure: The able members of the ftate, -and in all public deliberations : vaflals of the crown, and owed as a fervice their attendance in the court of their fupreme lord. A refolution, taken without their confent, was likely to be And no determination of any caulé among them had any validity, where the vote and advice of the body.did not concur. ‘The dignity official and territorial, as well as hereditary; and as al the earls were alfo barons, they were confidered as mili- tary vaflals of the crown, were admitted in that capacity into the general council, and formed the moft honour- able and powerful branch of it. Bur there was another claf tenants of the crown, no lefs or than the and thet however inferior in power a tenure, which was. equally honour others. A barony was commonly compofed of feveral knights fees: And though the number feems not to have been exactly defined, feldom confifted of lefs than firty é > y Spel, Gloff, in verb. Baro, 1 2 hydes 116 Appendix il. nye The come- mons, , HISTORY OF ENGLAND. hydes of land *: But where a man held of the king only one or two knights Sisis he was ftill an ‘eoboilianel vaflal of the king, and as fuch bed a title to have a feat in the general councils. But as this attendance was ufually and ene too great for a man of flender ainmaseds a burthen, fortune to bear conftantly ; it is probable, that, though to be aes he was not eas ll the immediate Beate tenants of the crown amounted-not fully to 700, when Domefday-book members were well pleafed, on was framed ; and any bes to excufe themfelves from attendance, the ver likely to become too numerous for the affembly w difpatch of pu tblic bufinefs. So far the nature of a general council or ancient parle 4j ament is: determined without: any doubt or controverfy. The only queftion feems to: be with regard to the com- mons, or the reprefentatives of counties and boroughs; whether they were alfo, in more early times, conftituent parts of parliament ? This queftion was once difputed in England with great acrimony: But fuch is the force of time.and evidence, that they can fometimes prevail even ever faction ; and the queition feems, by general confent, and even by their own, to be at laft determined againtt the ruling party. It is agreed, that the commons were no part of the great ae till fo 29e3 after the con* queft ; and that the military tenants.alone of the crown compofed that fupreme and legiflative affembly. , se ss ie ee [ue vaflals of a baron were by their tenure imme- diately dependant on him, owed attendance at his court, and paid all their duty to the king, through that depend= 2 Four hydes made one knio! e relief of a barony was twelve times greater than that of a knight’s fee; whence we may conjecture its There were 243,600 hydes in it is evident that there were a jiccle more than four hydes in each knight's fee, ofual value. Spelm. Gloff, in verb. Feed England, and 60,215 knights fees; wh ance Toe es NED Rees Fh. It7 ’ ance which their lord was obliged by is tenure to acknow- — ledge to his fovereign and fuperior. Their land, com- Waray prehended in the barony, was reprefented in parliament by the baron himfelf, who was fuppofed, according to the fictions of the feudal law, to_poflefs the direct pro- perty of it ; and it would have been deemed incongruous to give it any other reprefentation. hey ftood in the fame capacity to him, that he and the other barons did to the king: ‘The former were peers of the barony; the latter were peers of the realm: The vaflals poffefled a fubordinate rank within their diftrict; the baron enjoyed a fupreme dignity in the great aflembly: They were in fome degree his companions at home ; he the king’s com- panion in the court: And nothing can be more evidently repugnant to aH feudal ideas, and to that gradual fubor- dination, which was eflential to thofe ancient ‘inftitu- tions, than to imagine that the king would apply either for the advice or confent of men, who were of a rank fo much inferior, and whofe duty was immediately paid to the mefne lord, that was interpofed between them and the throne *. Ir it ‘be unreafonable to think, that the vaflals of a barony, though their tenure was military and noble and honourable, were ever fummoned to give their opinion in national councils; much lefs can it be fuppofed, that the tradefmen or inhabitants of boroughs, whofe condition was fti]] fo much inferior, would be admitted to that privilege. It appears from Domefday, that the boroughs were, at the time of the conqueft, icarcely more than country villages f=] ; and that the inhabitants lived in entire dependance on the king or great lords, and were of a fta- tion little better than fervile >. They were not then fo @ Spelm. Glof. in verb. Baro. b. Liber bomoanciently fignified a gentleman; For f{cerce any one befice was entirely free, Spelm, Gloff, in verbo, I 3 much ENGLAND, hey formed no community ; were really nothing , living, with- in neighbourhood together, in the ftates of the iin privileges and r, as it is called hough granted wance of gentlenefs tter of protection, and a not be treated as law, the fuperior lord = Hey female ward to a bur- e two ranks efteemed es-and gentlemen which gave them.a rity, injan-a honourable, and gave fo much encourz ; fo open dered it fo decif xe’s Glofl. in verb sins das eninnitn IM Verb. commun COMMUNUAS, Stat. of Merton; 1235. cap. 6 Madox’s-Baronr Angk pyage THE A Paet EY NED ek crib THE great fimilarity among all the feudal governments acquaintance with ancient hiftory ;.and the antiquaries of all foreign countries, where the qued {tion was never embarrafled by -party difputes, have allowed, thatthe commons came very late to be admitted to a fhare in the le- giflative power. In Normandy particularly, whofe confti- tution was moft likely to be William’s model in raifing his new fabric of Englifh government, the ftates were ] entirely compofed of abe clergy, and nobility ; and the firft incorporated boroughs or communities of that dutchy were Rouen an Ralah. “eiich enjoyed their privile bya grant of Philip Aug uftus in the year 1207". All } the ancient Englifh ,hiftori when they mention. the great council of the nati ull it of the baronage, nobility, or great men; and none of their ex- preffions, though feveral hundred pa ffazes might be pro- hout the utmoft viole be tortured to 1ich-will ymmons to be confti- tient members of ‘that b« in the long pe fed between the Conqueft and the 200 years, which el: later end of eee III. and which abounded in factions, kinds, the houfe of i revolutions, and convulfions o commons never yao one finele legiflative act, fo fiderable as to be sy any of the nu- merous hiftorians of that age, t have been totally verb. comm h Norman. Du ee p. 1066. i_Sometimes the hiftorians mention » asa part of the pailiament: But hey always mean the | onto the clergy. Sometimes, the word, s, is found; but it always means communitas Thefe points are clearly proved by Dr, Brady.‘ There is alfo o the but as deputies from boroughs baronag ‘ mention fometimes made of a crowd or multitude that thronged i great council on particular inter roccalions 5 are never once fpoke of, the pre that they had not then any exiftence, be- ; ve snld male . comes the more certain and ver could make a crowd, as they muft have ha , if they had made a regular a regu = pa aes t who received »--There were only 130 boroughs who received part of the legiflative *bou; writs of fummons frem Edward 1, 1 4. infig mnife Append Il, of Europe is wel) known to every man, that has any , } oy, 20 HISTORY OF ENGLAND. Appendix infignificant : And in that cafe, what reafon can be af. BEL: figned for their ever being aflembled ? Can it be fuppofed, that men of fo little weight or importance poffefled a negative voice againft the king and the barons? Every page of the fubfequent hiftories difcovers their exiftence; though thefe hiftories are not writ with greater accu- y than the preceding ones, and indeed fcarcely equal them in that particular. The Magna Charta of king ohn provides, that no fcutage or aid fhould be impofed, either on the land or towns, but by the confent of the great council ; and for more ‘cays it enumerates the eae entietea to a feat in that council, the prelates and immediate tenants of the crown, without any mention of the commons: An authority fo full, certain, and expli- cite, that nothing but-the zeal of party could ever have procured credit to any contrary hypothefis. It was probably the example of the French barons, which firft emboldened the Englifh to require greater in- dependance from their fovereign: It is alfo probable, that 7 the boroughs and corporations of England were eftablifh- ed in imitation of thofe of France. It may, therefore, be propofed as no unlikely conjecture, that both the pri- vileges of the peers in England and the liberty of the commons were originally the growth of that foreign country. IN ancient times, men were little folicitous to obtain a place in the legiflative affemblies ; and rather regarded their attendance as a burden, which was not compenfated by any return of profit or honour, proportioned to the. ble and expence. The only reafon for inftituting thofe public councils, was; on the part of the fubject, that they defired fome fecurity from the attempts of ar bitrary power; and on the part of the. fovereign, that he defpaired of governing men of fuch independant {pirits with out ry ZLLIOUT t and concurrence. “But the commons, PP EP TE IN: wD Fx TL. 2X commons, or the inhabitants of boroughs, had not as yet Appendix reached fuch a degree of confideration, as to defire fecurity aay againft their prince, or to imagine, that, even if they were aflembled in a reprefentative body, they had power or rank fufficient to enforce it. The only protection, which they afpired to, was againft the immediate violence and injuftice of their fellow-citizens ; and this advantage each of them looked for, from the courts of juftice, or from the authority of fome great lord, to whom, by law or his own choice, he was attached. On the other hand, the fovereign was fufficiently aflured of obedience in the whole community, if he procured the concurrence of the nobles ; nor had he reafon.to apprehend, that any order of the ftate could refift his and their united authority. The military fub-vaflals could entertain no idea of oppof- ing both their prince and their fuperiors: The burgeflesand tradefmen could much lefs afpire to fuch a thought: And thus, even if hiftory were filent on that head, we have reafon to conclude, from the known fituation of fociety during thofe ages, that the commons were never admit~ ted as members of the legiflative body. THE executive power of the Anglo-Norman govern- ment was lodged in the king. Befides the ftated meetings of the nation ul council at the three great feftivals of Chriftmas, Eafter, and Whitfuntide !, he was accuftom- ed, on any fudden exigence, to fummon them together. He could at his pleafure command the attendance of his barons and their vaflals, in which confifted the military 3 4 force of the kingdom ; and could employ them, during forty days, either in refifting a foreign enemy, or re- ducing his rebellious fubje&ts. And what was of great importance, the whole judicial power was ultimate “7 his hands, and was exercifed by officers and minitters o his appointment. } Dugd, Orig, Jurid, p. rg. Spelm, Glo in verbo parliomentume "Tat i HE rman. government that the court of -b ointed to decide feveral vaflals or barony; the hundred-court and | Judicial power, "11 e s were ftill sentanand as during the Sts of different ; 's court, to cive mee LC tne °. But this plan, though fin ae was aaiad with fome circumftances, h,. being derived’ from a very extenfive authority, not Was order of the commu- nity to-fome decree of dependance and fubordination. / i himfelf often fat in his cx urt, which always his perfon? : He there i att \ nounced ment ?; and though he advice of the other members, it is 1 sap Ha that-a-deci mm could eafily be obtained contra se the chief j ™ wae ‘= 1 if prelided, who: was the firft ma viceroy, on whom depended-all the civil affairs Sacra, vol. i. p. 334, &c. ft. of Exch, p.75, 76. Spelm. Glof in verbo fet 1 None of the feudal governr s im Europe had fuch inftitations as the authority of the Conqueror ftill retained from the All the fr 1olders of the county, even the greateft barons, were zed to attend the theriffs in thefe courts, and to affit them in nae vee ftration of juftice. By this mea niti n s of their dependance on the k ate: They 5 Fossa a kind of commu holders ; They were nt flate, peculiar to the feudal f a political body : And perhaps, this infti- d has had greater effeéts on the government, fyftem ; and were n inted out by hiftorians or traced by antiquaries, e to free themfelves from endance on the | till the reign of Henry LiL. Madox Hift, of Exch, p. 103. 9 Bratton | of AAP PIE INID IFO } of the kingdom'. The othe chief officers of the crown, the conftable, marefchal, f 3 > chamberlain, trea- furer, and chancellor +, were members, together with fuch feudal barons as thought proper to attend, and the at firft were alfo feudal barons, appointed by the kingt, This ‘court, which barons of the exchequer, wh« court of Exchequer, judged in all caufes, civil and crimi- nal, and comprehended the whole bufinefs, which is four courts, the Chancery, the now fhared: out among King’s Bench, the Common Pleas, and the Exchequer", SucH an accumulation of powers was itfelf a great fource of authority, and rendered the jurifdiction of the court formidable to all the } but the turn, which judicial trials took foon after the Conqueft, ferved ftill more to encreafe its authority, and to augment the royal prerogatives. William, among ‘the other violent changes, which he attempted and effected, had introduced the Norman law into England ¥, had ordered all the plead- > I ings to be in that tongue, and had interwoven, with the Englith jurifprudence, all the maxims and princif which the Normans, more advanced in cultivation, ane natura ly litigious, were accuftomed to obferve in the tribution of juftice.' Law mow became a fcience, which at firft fell enti: into the hands of the Nor- mans; and which, even after it was communicated to the Englith, required fo much ftudy and application 2 j 2 ? that the laity, in thofe ignorant-ages, were incapable of attaining it, and it was a myftery almoft folely confined to the clergy, and chiefly to the monks *, The great ¥ Spelm. Gloff. in verbo ju/ticiaries, s Madox Hift, Exch, p. 27, 29, 33> 38, 47 54 The Normans introduced the praétice of fealing charters; and the ¢hancellor’s office was to keep the Great Seal. Inguipb. Hift,. of the Exch, p. 134) 135+ Gerv. , of the Exch, py 56, 70» Ww Dial. . of the Exchequer, xX Malmef, lib, 4. P, ° officers Appendix It, eye eF, as HISTORY OF ENGLAND. i} | Appendix officers of the crown an the feudal ‘barons, who were Pen: 4 li, | a thofe OE i and as they were entitled to a feat in the fupreme judicature, the bufinefs of the court was wholly managed by the chief jufticiary and the law ba- rons, who were men appointed by the king, and entirely at his difpofal ¥, This natural courfe of things was for- warded by the multiplicity of bufinefs, which flowed into that court, and which daily augmented by the appeals from all the fubordinate judicatures of the kingdom. In the Saxon times, no appeal was received in the ? PP king’s court, except upon the denial or delay of juftice by the inferior courts; and the fame practice was fill A obferved in moft of the feudal kingdoms of Europe. But | the great power of the Conqueror eftablithed at firft in I England an authority, which the monarchs in France HH were not able to attain till the reign of St. Lewis, who lived near two centuries after: He empowered his .court to receive appeals both from the courts of barony and the county-courts, and by that means brought the admini- ftration of juftice ultimately into the hands of the fove- reign 7%. And left the expence or trouble of a journey to court fhould difcourage- fuitors, and make them ac- quiefce in the decifion of the inferior judicatures, itine- rant judges were afterwards eftablifhed, who made their | circuits throughout the kingdom, and tried all caufes that were brought before them ?. By this expedient, the | courts of barony were kept in awe; and if they ftill pre- y Dugd, Orig. Jurid, py 2s. % Madox Hift. of the Exch. p. 65* Glany, lib, 12, cap. 3, 7. LL. Ren. J, § 31. apud Wilkins, p.248. Fite Stephens, p. 36. Coke’s Comment. on the Statute of Mulbridge, cap. 20. # * Madox Hift. of the Exch. p. 83, 84, x00. Gery. Dorob. pe 1410. What made the Anglo-Norman ba 2rons more oa fubmit to appeals from their court to the King’s court of Exchequer, was, their being accuftomed to like appeals in Normand dy to the ducal court of } Exchequer. See Gilbert’, Fiiftery of the Exchequer, p. 1, 243 though the author thinks it doubsful, f \f . waLeL thér the Norman court waé not rather copied from the English, p. 6. 4 ferved, APPENDIX TJ. 125 ferved fome influence, it was only from the apprehenfions, Appendix which the vaflals: might entertain, of difobliging their OR fuperior, by appealing from his jurifdiction. But the county-courts were much difcredited ; and as the free- holders were found ignorant of the intricate principles and forms of the new. law, the lawyers gradually brought all bufirefs. before,the. king’s judges, and abandoned the ancient fimple and popular judicature. After this man= ner, the formalities of juftice, which, though they appear tedious and cumberfome, are found requifite to the fup- port of liberty in all monarchical governments, proved at firft, by a combination of caufes, very advantageous ta the royal authority in England. ‘THE power of the Norman kings was alfo much fup- es ported by a great revenue; and by a revenue, that was fixed, perpetual, and independant of the fubje&. The people, without betaking themfelves to arms, had no’ check upon the king, and no regular fecurity for the due adminiftration of juftice. In thofe days of violence, many inftances of oppreffion paffed unheeded ; and were foon after openly pleaded as precedents, which it was unlawful to difpute or controul. Princes and minifters were too ignorant to be themfelves fenfible of the advan- tages attending an equitable adminiftration; and there was no eftablifhed council or affembly which could pro- tect the people, and, by withdrawing fupplies, regularly and peaceably admonifh the king of his duty, and ¢nfure the execution of the laws. THE firft branch of the king’s ftated revenue was the royal demefnes or crown-lands, which were very exten- five, and comprehended, befide a great number of manors, moft of the chief cities of the kingdom. It was efta- blifhed by law, that the king could alienate no part of his. demefne, and that he himfelf, or his fucceflor, could, at any time,.refume fuch donations ©: But this law was hb Fleta, lib. 1, cap, 8, 17. lib. 3. cap. 6. § 3, Bragton, lib.a, cap. 5 Appendix ney il, rye i ENGLAND, ved; which ane r rendered sndant. The rent of red as fo much -riches, . he sd i time the crown fomewhat more de the crown-lands, confide was a fource of power: The influence of. the kine over his tenants and the inhabitants of his'towns, ‘encreafed this power: But the other numerous’ branches Of his re- venue, befides fupplying his treafury, gave, by their very nature, a great latitude to arbitrary authority, and were a fupport of the prerogative ; as will appear from an enu: meration of them. ‘THe king was never content with the ftated rents, but levied heavy talli: at pleafure on the inhabitants beth of town and country, who lived within his demefne. All’ bargains of fale, in order to prevent theft, being prohibited, except in boroughs and public markets *, he pretended to exaét tolls on all goods which were hile fold 4." He feized. two — behind the maft, from every ve 1s, one before and one fel that imported *wine All goods payed to his ie te a proportional part of their ‘value *: Paflage over bridges. and on rivers was loaded with tolls at pleafuref: And though the boroughs by degrees bought the liberty of farming thefe impofi- tions, yet the revenue pivhied by thefe bargains, new fums were often exacted for the renewal and confirma- tion of their charters *, and the people were thus held in perpetual dependance. Suc was the fituation of the inhabitants within the royal demefnes. But the } rs of land, or the mill- tary tenants, though they were better protected, both by v, and by the great privilege of ‘carrying arms, were, from the nature of their ‘tenures, much expofed ‘to. the “ £ Ar TM + - a7 | mroads of power, and poflefled not’ what we ‘fhould . 61. e Ibid, fays a fifteenth, fy to reconcile this ount to other authorities, f & Madox’s Fuft, of the Exch. p. 275, 276, 2775 efteem QAR PAEI NID. Y E.o ft, efteem in. our age a very durable fecurity. >» The Con- queror granted by his Jaws, that»the barons fhould be obliged to pay nothing beyond their ftated fervices #, ex- cept a reafonable aid to ranfom his’ perfon if he were taken in war, to make his eldeft fon tors ; and if they declined the fervice, they were obliged sd’ proprie- to pay him a compofition in© money, which was a feutage. “The fum was, during fome reigns, aha rious and uncertain; it was fometimes levied “without allowing the vaffal the. liberty of perfonal fervice it was a ufual artifice of the king’s to heidied dition, that he might be intitled to levy the feutace his military tenants. Danese] i 7 : ~ was another ipecies of land-tax levied by sis earl; Norman kings and contrary vs of the Conqueror was. alfo a general land-tax of the two firit N NL SB, a ter of Henry {. *.-Jt was a fhilling-paid every three years } ! } ‘ of ern > ine. fh ra Cs Bic Yer i Dy eacn hearth, co induce the King. not to ule his pre roga= at a aes from that anted: his mi-+ : Conqueror had g ity “from all taxes th n had never thou at rule, but» had: levied inypofitions at the: landed-efkatesof the kingdom: ‘Fhe nry grarits; is, ‘that the land cultivated by elf fh ut of f Hg And as if 1s Ll TS 55 ‘4 ; aps — " E sy ey 128 HISTORY OF ENGLAND. Snsentix known, that Henry’s charter was never obferved in any | wees one article, we may be affured, that this prince and his i fucceflors retracted even this fmall indulgence, and levied arbitrary impofitions on all the lands of all their fubje&ts. ‘Thefe taxes were fometimes very heavy ; fince Malmef- bury tells us, that, in the reign of William Rufus, the farmers, on account of them, abandoned. tillage, anda famine enfued !, ‘THE efcheats were a great branch both of power and of revenue to theking, efpecially during the firft reigns af- ter the conqueft. In default of pofterity from the firkt | baron, his land reverted to the crown, and continually augmented the king’s pofleffions. The prince had indeed by law a power of alienating thefe efcheats; but by this means he had an opportunity of eftablifhing the for- tunes of his friends and fervants, and thereby enlarging his authority. Sometimes he retained them in his own hands; and they were gradually confounded with the ah royal demefnes, and became difficult to be diftinguithed from them. _ This confufion is probably the reafon why the king acquired the right of alienating his demefnes. Bur befides efcheats from default of heirs, thofe which enfued from crimes or breach of duty towards the fuperior lord, were frequent in ancient times. If the vaffal, being thrice -fummoned to attend his fuperior’s court, and do fealty, neglected or refufed obedience, he forfeited all title to his lands™. If he denied his tenure, or refufed his fervice, he was expofed to the fame penalty". Where he fold his eftate without licence from his lord °, or if he fold it upon any other tenure .or title than that by which he himfelf held it *, he loft all right to it. The adhering 1 So alfo Chron. Abb, St. Petri de Burgo, ps 55. Knyghton, p, 2366. m Hottom, de Feud, Difp. cap. 38. col. 886. n Lib. Feud, liby ge tit. 3.5 lib. 4. titeaz, 393 © Lib, Feud, lib, x, tit. 2 P Jd. lib, gq. tit. 4qe Boe NSD Thee | TB 129 to his lord’s enemies 4, deferting him in war ', betraying es his fecrets *, debauching his wife or his near Eno a or even ufing indecent freedoms with a ", might be punifhed by forfeiture. The higher crimes, rapes robbery, murder, arfon, &c. were called felony; and being interpreted want of fidelity to his lord, made him lofe his fief ¥. Even where the felon was vaflal to a baron, though his immediate lord enjoyed the forfeiture, the king might retain poffeffion of his eftate during a twelvemonth, and had the right of fpoiling and deftroy- ing it, unlefs the baron paid him a reafonable compofi- tion*. We have not here enumerated all the fpecies of felonies, or of crimes by which forfeiture was incurred : We have faid enough to prove, that the pofleffion of feu- dal property was anciently fomewhat precarious, and that the primary idea was never loft, of its being a kind of fee or benefice. WHEN a baron died, the king immediately took pof- feffion of the eftate; and the heir, before he recovered his right, was obliged to make application to the crown, and defire that he might be admitted to do homage for his land, and pay a compofition to the king. This coastal: tion was not at firft fixed by law, at leaft by practice The king was often exorbitant in his demands, and kept ana ACpt pofleffion of the land till they were compliec {r the heir was a minor, profit of the eftate till his it what fum he thoug ht proper Koi the > education aa main- “the king ret tenance of the young baron. — This practice was alfo founded on*the notion, that a fief was a ay and that, while the heir could not perform his military fere r Id lib. 4. tit. 14, 21. i t Id, lib. 1, tit. 14,21, v Id, lib. x. tit. I. W Spelm, Gloff in verb. Felonia, * Spelm, Gloff, oi) ee Sy 6 ee ee Glanville, lib, 7. cap. 17¢ Am yices, oad 1 to the fuperior, who employed ftead. It is obvious, that a great propor- ye landed pr , muft, by means of this de- ; of the prince, and that eranted Yalitcea immenfe fum in thofe days, Geoffrey 2 fame prince the fum of 20,000 s of Gloucefter, fees. This fum 00 pounds t PRG ey ee ea ie de Umfreville Oo fo) ale, the king was entitled to offer her any hufband of ee ‘reek he thought proper; and f fhe refufed him, fhe forfeited her land.’ Even a male arry without. the royal confent, and it ims for the liberty of -e fy eit c was ufual their own choice in marriage*. No man could difpofe of his land, either by fale or will, without the confent of his. fuperior. The. pofieflor was never confi- dered as, full proprietor: He was ftill a kind of benefi- ciary ; and could not oblige his fuperior to accept of any vaflal, that was not agreeable to him. . I 5 Ee TM Ba, 4 = ‘INES; amer and oblatas, as they were called, royal power and were another confidera revenue. ; of the excl eee which are ftill preferv« pri accounts of the nume- J rous fines and : 1ents levied in thofe. days , and of £9) a e i rangcse ; 4 >y ; . + the itrange inventions jailen upon to exact money from eee te Me, Fo es TE 131 the fubje&t. It appears, that the ancient kings of Engl land Appendix Il. put themfelves entirely on the foot of the barbarous eaftern een hana princes, whom no man muft approach without a prefent, who fell all their good offices, and who intrude themfelves into every bufinefs, that they may have apretence for extort- ing money. Even juftice was avowedly bought and fold ; the king’s court itfelf, though the fupreme judicature of the kingdom, was open to none that brought not prefents to the king; the bribes given for the expedition, delay fufpenfion, and, doubtlefs, for the perverfion of juitice, were éntered in the public regifters of the royal revenue, and remain as monuments of the perpetual iniquity and tyranny of the times. The barons of the exchequer, fot inftance, the firft nobility of the kingdom, were not afhamed to infert, as an article in their records, that the county of motel paid a fum, that they might be fa ily dealt with¢; the borough of Yarmouth; that the | king’s charters, which they have for their liberties, might not be violated * ; Richard, fon of Gilbert, for the king’ ing him to recover his. debt from the Jews‘; Serlo, fon of Terlavafton, that he might be permitted to make his defence, in cafe he was accufed of a certain homicide s ; s help- Walter de Burton for free law, if accufed of wounding another"; Robert de Effart, ‘for having an inqueft to find whether Roger, the butcher, and Wace and Humphrey, accufed him of robbery and theft out of envy and ill-will, or not’; William Buhurft, for having an inqueft to find whether he was accufed of the death of one Godwin out of ill-will or for juft caufe*. I have felected thefe few inftances from a great numberof a like kind, which Ma- dox had felected from a {till greater number, preferved in the ancient rolls of the exchequer ’. © Madox’s Hift, of Exch. p, 274, 309. 4 Id. p. 295. © Yd. ibid, f Id, p. 296. He paid 200 marks, a great fum in dhofe days, Z Id, p. 296, bh Jd, ibid, i Td, p. 298s k Id, p, 302 i Chap. xii. K 2 SOMETIMES 123 HISTORY OF ENGLAND. ~~ Appendi rant offered the king a cet- 2 fourth, payable out of the : oe fhould affitt e W eft and agreed to recover that efton ® ; Solomon the Jew en- , feven that he fhould rainit : Hugh de la I ; Morrel pro- mifed to pay fixty pot i that the earl of Flanders might 343 pounds, which the earl had nim ; and thefe fixty pounds were to be paid irft money that Nicho slas fhould recover from — out of the the earl P. As the king affumed the entire power over trade, he was to be paid for a permiffion to exercife commerce of induftry of any kind?. Hugh h Oifel paid 400 marks for liberty to trade in England*: Nigel de Havene gave fifty ize which he had marks for the partnerfhip in merchan with Gervafé de Hanton*®:. The men of Wogrcefter paid rht have the liberty of felling and buying dyed cloth, as formerly °: Several other towns paid for a like liberty *. The commerce indeed of the 100 -fhillings, that they mi kingdom was fo much under the controul of the king, that he erected gilds, corporations, and monopolies, wherever ed ; and levied fums for thefe exclufive’ privi- THERE were no profits fo finall as to be below the king’s attention. Henry, i of Arthur, gave ten dogs, to have a pesognition againft the countefs of Copland for $2 eeyeonty fon of Nicholas fone twenty lampreys and twenty fhads for an inqueft to find, w rhether one knight n Yd, ibid, © Id. p.79 1 1d, p. 323. xr Td, iid 2 “": } 4 wv Id, ibid, de.pe 292 e Id, pr 2q% eet e ee Weer suk IND Ree Gilbert, fon of Alured, gave to Roger 200 muttons to D obtain his confirmation for certain lands, or took them from him by violence’ : Geoffrey Fitz-Pierre ? the chief niony 8 gave two good Norway hawks, that Walter le Madine might have leave to export an hundred weight of cheefe out aka he king’s dominions %. ir is really amufing to remark the ftrange bufinefs in LN the kit fometimes bdoteiert and never without a ave the King 200 ang that 1: . . lie with her hufband and fhe brought with her for an hundred hes It. is probable that was a prifoner, which The abbot of Rucford paid ten marks, for | houfes and place men upon his land near Welhang, in order to fecure his wood there from being ftolen® : Hugh archdeacon of Wells, gave one tun of wine for leave to carry 600 fumms of corn whither he would‘: Peter de +t {nle ft a8 |, pe oa 7 ¢ marks for leave to iait Hines, as alier ufed to do %. Ir was ufual to pay high fines, in order to gain the king’s good-will, or mitigate his anger. In the rei Henry II. Gilbert, the fon.of Fergus, fines in g1g po 9 fhillings-to obtain that prince’s favour; William de Chataignes a thoufand marks that he would remit his difpleafure. In the reign of Henry III. the city of Lon- don fines in no Sig a — than 20,000 po fame account ¢, THE ki protection and good offices of every kind were bought and fold. Robert Griflet paid twenty marks of filver, that the ki of Mortaigne in a certain plea‘: Robert de Cundet g: g would help him againft the earl Madox’s Hitt. of Exch, p. 305. Z Id, pe 325- a Id, Pp» 3266 b Id, ibid, © Id. p. 320 d Jd, p. 326. @ Id, p. 327, 320+ f Id. p. 329. Kk > 23 133 Appendix 1 Il. rether Roger nm peed TF, 134 HISTORY OF ENGLAND, cs thirty marks of filver, that the king would bring him te heer mend AN-accord with the bifhop of Lincoln ®: Ralph a Breck- ham gave a hawk, that the king wank protect him'; and this is a very frec rent reafon for payments: John, fon of Ordgar, gave a Norway hawk, to have the king’s requeit to the king of Norway to let him have his bro- ther God chattels i: Richard de Neville gave wenty palfreys to obtain the king’s requeft to Ifolda Bifet, that hould take him for a hufband *: Roger Fitz-Walter freys to have the king’s letter to Ro- 3ertram’s mother, that fhe fhould marry him!: Eling, Bee ‘paid 100 marks, that his whore and his chil- dren might be let out upon bail™: The — of Win- 7) chefter gave one tun of good wine for his not putting the es to give a girdle to the countefs of Albe- obert de Veaux gave five of the beft palfreys, that the ce ing would hold his tongue about Henry Pinel’s wife ? There are: in the records of exchequer many other fir ngular inftances of a like nature ?. It will how- ever & Madox’s Hift, of Exch. p. 330, i Id, ibid, k Ide p, 333- m Td, Pp. 342, Pro habenda amica fua & filiis, Ge n Td, p. 352+ de uxore He curiofity by fubjoining a few more inflances © Id, ibid, Ut rex tace P We fhall gratify the reade from i green colour, to have the king’s letters patent to the merchants of Flanders dax, p. 332. Hugh Oifel was to give the king two robes of a good with a requeft to render him 1oco marks, which he loft in Flanders, The abbot of Hyde paid thirty marks, to*have the king’s letters of requeft to the archbifhop of Canterbury, to remoye certain monks that were againft the ab- bot, Roger de Trihanton paid twenty marks and:a palfrey, to have the king’s requeft to Richard de Umfreville to give him his fifter to wife, and to the fifter that the would accept of him for a hufband’: William de Chevering= worth paid five marks, to have the king’s letter tothe abbot of Perfore, to let-him enjoy peaceably his tythes as formerly: Matthew de Hereford, clerk, paid ten market for a letter of requeft to the bifhop of Landaff, to let him enjoy eably hurch of Schenfrith: Andrew Neulun gave three Flemith caps, requeft to the prior of Chikefand, for performance of an agrees ment made between them: Henry de Fontibus gave a Lombardy horlé of valucg ASP 3? SNe D PV Rex “cB ever be juft'to rematk, shat the fame ridiculous practices < ‘ oy, cealwidec nre sled. 3 We) rueearetl er. «ie nor and dangerous aduies prey alled in Normandy, and pro- , bably in all the other ftates of Europe’. England was not in this cians more barbarous than its neighbours. , os et aie aie “ah eeasion) - THESE iniquitous practice > OT 1 44 the N .orman Kings were S nD 1 fo well known, that, on the death of Hugh Bigod, in the reign of Henry II. the bef and moft juft of thefe princes, the eldeft fon and the widow of this nobleman came to court, and ftrove, by offering large prefents to the king, Sack of them to acquire pofleflion of that rich inheritance. The king was fo equitable as to order the caufe to be tried by the great council! But, in the mean time, he feized all the money and treafure of the deceafed '. Peter of Blois, a judicious, and even an elegant writer for that age, gives a pathetic defcription of the venality of juftice and the oppreffions of the poor, under the reign of Henry: And he fcruples not to complain to the king him- felf of thefe abufes*. We may judge what the cafe would be under the government of worfe princes. The articles of enquiry concerning the conduct of fheriffs, which Henry promulgated in 1170, fhow the great power as well as the licentioufnefs of thefe officers *. AMERCIAMENTS or fines for crimes and trefpafles were another confiderable branch of the roy al revenue", Mott value, to have the king’s requeft to Henry Fitz Hervey, that he would give him his daughter to wife; Roger, fon of Nicholas, fed all the lampreys he could get, to have the king’s requeft to earl William Marefhal, that he would grant him the manor of Langeford at Ferm. ‘The burgefles of Glo- cefter promifed 300 lampreys, that they might not be diftrained to find the prifoners of Poictou with neceflaries, unlefs they pleafed. Id, p, 352 Jor- dan, fon of Reginald, paid twenty marks to have the king’s requeft to William Painel, that he would grant him the land of Mil Nierenuit, and the cuf gy. of his heirs; and if Jordan obtained the fame, he was to pay the twenty marks, otherwife not. Id. p. 333- q Madox’s Hit of Exch, Ps 359+ t Bened. Abb, p, 180, 1340 5 Petri Blef. Epift. 95, apud Bibl, Patrum, tom. 24. pe 2014+ t Hoveden, Chron. Gery. p. 1410. u Madox, chap, xiv. K 4 crimes 136 HISTORY OF ENGLAND, si crimes were atoned for by money; the fines impofed were i not limited by any rule or ftatute; and frequently occa- fioned the total ruin of the perfon, even for the flighteft trefpafle The foreft particularly, were a great mm liestie, Kean Gute rae poilefied fixty-eight fource of opprefiion. thirteen chaces, and feven hundred and eighty- ; and confider- tat! Se. . 5 in difrerent pa e paffion of the Englifh and Normans for hunting, thefe were fo many {nares laid for the people, by y Ee which they were allured into trefpafles, and brought within of arbitrary and rigorous laws, which the king ght preper to enact by his own authority. Bur the moft barefaced aéts of tyranny and oppreffion were practifed again{ft the Jews, who were entirely out of the protection of law, were extremely odious from the LaW’s : of the people, and were abandoned to the immea~ furable rapacity of the king and his minifters.. -Befides many other indignities, to which they were continually expofed, it appears, that they were once all thrown into prifon, and the fum of 66,000 marks exaéted for their hi nother time, Ifaac the Jew paid alone 5100 Eat marks; Jurnet, 2c00; Bennet, r, Licorica, widow of David, the Jew of Oxford, was required to pay 6000 marks ; and fhe was elivered over to fix of the richeft and difcreeteft Jews in d, who were to anfwer for the fum?. Henry III. J borrowed 5000 marks I rl of Cornwal ; and for Bin w 2 “An nis repayment con! r to him all.the Jews in Eng- land>, ‘Ehe revenue arifing from exaétions upon this lation was fo cor that there was a particulay t for managing 2 it © court of exchequer w Spelm. Glof, in verto x Madox’s Hift, of the Exch, n of king John. ¥ Id, p. 15%6 a Id. p, 168, b Id. p. 156. p53. This happened in t Wes APP EN DP F xX. Th, 139 WE may judge concernine the low ftate of commerce Appendix amone the Englifh, when the | 2 * Lae Se Ree thefe opprefiions, cot ld ti among them, and 1€ provements of agriculture were s of the nobility, immenfe poflefi the times, and by the precarious flate of f feu property 1 property it appears, that induftry of no kind could then have place in the kingdom 4. Ir is afferted by Sir Harry Spellman*, as an un- doubted truth, that during the reigns of the firft Norman weHeAS veruy edict C “he - } Seated 1 princes, every edict of the ied with the confent of his privy -council, had rce of law. But ly were not fo paflive as to entruft a power, } entirely arbitrary and defpotic, into the hands of the fo- vereign. It only appears, that the conftitution had not fixed any precife boundaries to the royal power; that the iffuing proclamations on any emergence and of es obedience to them, a richt which was always fuppofed inherent in the crown, is very difficult to be diftinguifhed from a legiflative authority; that the ex- treme imperfection of the ancient laws, and the fudden exigencies, which often occurred in fuch turbulent go- yernments, obliged the prince to exert frequently the latent powers of his prerogative; that he naturally pro- ceeded, from the acquiefcence of the people, to aflume, in many particulars of moment, an authority, from which d We learn from the extra&s nus of Domefday by Brady in his Treatife of Boroughs, that almoft all the boroughs of England had fuffered in the fhock of the Congue the Confeflor, and the time when Domefday was framed. © Gloff. in verb. a Dei, ‘The author of the Miroir des | j plains, diiuravdteantes are only made by the king and his clerks, and by aliens ft, and had decayed extremely between the death of t 2 and others, who dare not contradi€& the king, but ftudy to pleafe hime han founded on Whence, he concludes, laws are oftener dictated by will nicht epee he 138 SHIST OR Y (0 F- ENG LAND oi i he had excluded himf lf by exprefs ftatutes, charters, or ii, hems conceffions, and which wits in the main, repugnant to the general genius of the conflitution ; and that the lives, the perfonal liberty, and the properties of all his fubje&s ie were lefs fecured by law es {t the exertion of his arbi- i trary authority, than by the independant power and pri- vate connexions of each individual. — It appears from the v great charter itfelf, that not only John, .a tyrannical prince, and a violent one, but their father, Henry, under w apie reign the prevalence of grofs abufes cuftomed, from his fole | authority, without proceis of law, to imprifon, banifh > t > r 3 5) and attaint the frees en of his kingdom. A GREAT baron, in ancient times, confidered himfelf as a kind of fovereign within his SE and was at- tended by courtiers and d bes its more Zealoufly attach- ed to him than the minifters of ftate and the great officers were commonly to their fovereign. He. often maintained in his court the parade of royalty, by eftablithing a jufti- ciary, conftable, marefchal, chamberlain, fenefchal, and chancellor, and affigning to each of thefe officers a feparate province and command, He was ufually very affiduous 5 in exercifing his jurifdicion ; and took fuch delight in that image of fovereignty, that it was found neceflary to reftrain his activity, and prohibit him by law from hold- ing courts too frequently’, It is not to be doubted, but the example, fet him Py the wisi of a mercenary and fordid extortion, would be fait hfully copied ; and that all his good and bad offices, his ui and injuftice, were equally put to fale. He had the power, with the king’s confent, to exact talliages even from the free-citizens who lived within his barony ; and as his neceffities made him rapacious, his authority was ufually found to be more oppreflive and tyrannical than that of the foy ereign’, He © Dugd. Jurid. Orig. p. 26. f Madox Hift, of Exeh, p. 520 was ALE er ie! NOD Xs Il, 139 was ever engaged in hereditary or perfonal animofities or Appenite confederacies with his neighbours, and often gave prote a tion to all defperate adventurers and criminals, who could ent purpofes. He was able alone, in times of tranquillity, to obftruct the execution be ufeful in asa his v of juftice within territories; and by combining with a few malcontent barons of rank and power, he could throw the ftate into convulfion.. - And on the whole, though the royal authority was confined within bounds, and often within very narrow ones, yet the check was +} irregular, and frequently the fource of great diforders 5 1 nor was it derived from the lil of the people, but from the military power of many petty tyrants, who were equally dangerous to the prince and oppreffive to the fubject, THE power of the church was another rampart againft Phechurch royal authority ; but this defence was alfo the caufe of many mifchiefs and inconveniencies. ~ The dignified clergy; perhaps, were not fo prone to immediate violence as the barons; but as they pretended to a total independ- ance on the ftate, and coild- always cover themfelves with the appearances of religion, they proved, in one re- fpe&, an obftru€tion to the fettlement of the kingdom, and to the regular execution of the laws. The policy of the Conqueror was in this particular lia le to fome ex= ception. He aug ious veneration for Rome, to which that age wis fo much inclined; and he nted the fupert broke thofe bands of connexion, which, in the Saxon times, had ers an union between the lay and the clerical orders, He prohibited the bifhops from fitting in the county-courts ; he alive ecclefiaftical caufes to be tried in fpiritual courts only®; and he fo much exalted the power of the clergy, thatof 60,215 knights fees, into @ Char. Will. apud Wilkins, p. 232, Spel, Conc, vol, ii, p, 14 which Manners, which he divide under the ch d with the urtful by produc- ifion of private pro- in another refpeét, by acuf rence in favour of the eldet a partition or difputed fuc- cefion in the monarchy. "The Normans introduced the families and pedigre They abolifhed none of the old s or ordeal H and they le combat 1, which and was condut- on, and folemnity able * alfo feem to have imagin been imported by the Normans: No traces of thofe fan- taftic notions are to be found among the plain and ruftic Saxons. The feudal inftitutions, by raifing the military ring perfonal every knight o 5 = ae that mar- ector and ave > | Bical . , being cultivated yoets and romance writers of the J and embellifhed by t ace, ended in chivalry. The virtuous knight fought not of the innocent, of y in his own sg but in that ll, of r, whom he fuppofed Tinta efs, and above a to be for ever under the guardianfhip of his valiant arm, ‘Phe uncourteous knight, who, from his caftle, exercifed h Spel. Gloff. in have done, that the church p ua. We are not to imagine, as fome ed lands in this proportion, but only that y and their vaffals e a proportionable part of the landed property. ices aft inft nee of thefe duels was in the robbery ASP NEO = If, robbery on trav ellers; and committed violence on virgins, was the object of his perpetual indignation ; and he put him to death, without fcruple ox trial or appeal, where he met'with him... The great independance of men made perfonal honour and fidelity the chief tie among them ; and rendered it the capital virtue of every true knight,-or genuine profeffor of chivalry. ‘The folemnities of fingle combat, as eftablifhed by law, banifhed the notidn) of every thing unfair or unequal in-rencounters); and main+ tained an appearance of courtefy between the combatants, till the moment of their engagement. The credulity of the age grafted on this ftock the notion of giants, en chanters, dragons, fpells', and a thoufand wonders, which ftill multiplied during the times of the Crufades’; when men, retutning from fo great a diftance, ufedithe liberty. of impofing every fiction on their believing audi- ence, Thefe ideas of chivalry infeGted the writings, con= verfation, and behaviour of men,, during fome ages 5 and even after they. were, ina great ae banifhed by the revival of learning, they left modern " point of honour, which ftill maintain their influence, and are the genuine offspring of thofe ancient affeCtations. THE “‘conceffion of the Great Charter, or rather its ful} eftablifhment (for there was a confiderable interval of time between the one and the other) gave rife, by de- grees, to a-new fpecies of government, and introduced fome order and juftice into the adminiftration. Iche en- fuing fcenes of our hiftory are therefore fomewhat dif- ferent from the preceding. Yet the Great Charter con- tained no eftablifhment of new courts, magiftrates, or US5 ‘ It introduced no new difribution of the powers of the ees and no a ee 9 3 =. et A 1 In all legal fingle combats, it was part of the ¢ Sore aa 02 earried not a procure victory, T4% Appendix it. a E It only , s uinft fuch tyrannical pr: S$ as are incompatible with 1 civilized government; and, if they become very frequent, are incompatible with all government. The } S rbar ous bat licence of the kings, and‘ perhaps of the nobles 33 was thenceforth ciad more -reftrained: Men acquired fome more fecurity for their properties and their liberties : And government approached a little nearer to that end, for which it was originally inftituted, the diftribution of juftice, and the equal protection of the citizens. A@s of violence and iniquity in the crown, which before were only deemed injuries to individuals, and were hazardous chiefly in proportion to the number, power, and dignity of the perfons affected by them, were now regarded, in fome degree, as public injuries, and as infringements of a charter, calculated for general fecurity. And thus, the eftablifhment of the Great Charter; without feeming anywife to innovate in the diftribution of political power, became a kind of epoch in the conftitution, CT. Ae a He EB: Ne RY Il. Ce ee Pe ee : Ee ee ESD Res yeltliement of the LOVEr HNL —— Gene? al pacification 3 ‘ 7. c - =e ile an De ath oj the I VOLECLOT de Bu Some commotions r minifrer-— King's partiality to foreigners Ec —— Gre CVGHCES sy plotted bas £ x1 > er . Earl of Cornwal elected king of the Romans—-Di/- content of the barons Simon pabiager 8e earl of newal of the civil Houfe of commons of Leicefter Death———and charater of the king ———Mifcel- -Battle o Re Evefham and death Ose Sim oettiement of f the government laneous tra anfactions of this rei Lg OST fciences, in proportion as they encreafe and c H AP. improve, invent methods by which they facilitate , — , their reafonings; and employing general theorems, are 1216. enabled to comprehend in a few propofitions a great num- ber of inferences and conclufions. Hiftory alfo, being a collection of faéts which are multiplying without end, is obliged to adopt fuch arts of abridgment, to retain the more material events, and to drop all the minute circum- stances, which are only interefting during the time, or to 9 the oF, ENGLAND; | : This truth is I} XI Z . . Ree sere no where more evident than with regard to the reign, What mortal could 2216 = pon which we are ¢ have the patience. to write or read a sai, Jetail of fuch to a tedious ow, es of fifty- 5 rm mean a prince as Henry? The chief reafon, why pro- the caprices and weaknefles of fo a re teftant writers have been fo anxious to {pread. out the inci- dents_of this reign, is in order to expofe the rapacity, ambition, and artifice of the court of Rome, and to ries of the catholic church, nothing in view but the fal- prove, that the great wee se a while they ey pretende -d to have Mi vation of fouls, had oe all their attention to the acqui- d wer ined by no. fenfe of juftice na were © 21 I | fition of riches, a | | r of honour, in the purfuit of est great object ™, But - this conclufion would readily be allowed them, though it were not illuftrated by fach a detail of -uninterefting inci- dents ; and follows indeed, by an evident neceflity, from the very fituation, in which that church was placed with regard to the reft of Europe. For, befides that ecclefiafti- i} cal power, as it can always cover its operations under a cloak of fanctity, and attacks men on the fide-where they dare not employ their reafon, lies lefs under controul than POPE: and his courtiers were foreigners to moft of the ; they could not poflibly an to pillage the provinces for pre- have any oer: a fent gain; and as they lived at a diftance, they would be little awed by fhame or remorfe, in employing every lu ' crative expedient, which was fuggefted to them. Eng- und being one of the moft remote province attached to civil government; befides this general caufe, I fay, the the Romifh hierarchy, as well as the moft prone to fupet- ftition, felt feverely during this reign, while its patience | m M Paris, p, 623. was OuiG Vi Na A caret PEMBROKE, t h ht reconcile all men to the ¢ ment of his pupil, made him erant anew a charter of liberties, which, th from the for- mer conceffions extorted f itains a ns, nay I Gc 3] ig: { r electi n t unted by the late ’ not con - the liberty of going out of : gone the kin Vv : royal confent : Whence we may us of the renewing the d’elire to the monks and nut fome check to o at may chiefly ) of the great -s upon the even declared future delibe- MeN ek this iimi- But mu th i perha] noft momentous in I i A - r 4 “ets ‘ the v e charter of jonn, it w not recarded in that ] the < 1s, who wel re jealous in u aval tic lence in the crown, pei Ate than againtt fu eral fitions; which, uhlefs they ] » Lj 13 fraenele were uly re nadie ana I ry, couid iCarcely, without ul confent; be | m ho had of } } 1 ~gieoeaae on arms in ¢t nd w C L repel any act of op- 1, by which t all immediately affected. ‘ - - 1 z a a On tq mn the courte of Als vVe accordingly nn t ps in tne courte eafier was it for him to tranfgrefs the la W, when indivi-C duals alone were affected, thane 5 en to exert. his acknow- ot MA dh Fear | 1 of the whole body ledged preros was concerned, atives, where the i ‘THis charter was acain conf king in the o enfuing year, with the additi s to pre the oppreffions by fheriffs: And alfo with an additional charter of forefts, a circumftance of great mome nt in thofe ages, when hunting ( nobility, and when the kir able a part of the kingdom me h he which he yoverned by peculiar and arbitr . g 1 by 1 arl which had been enclofed fince the reign of Hi ii were defaforefted ; and pointed for that purpof€: declared to be no longer capital ; but imprifonment, and more proprietors of Jand recove ufing their own wood at their pleafure, 7 Hus, thefe famous charters were to the fhape, in which they h they were, during many generatio ites of the Eng ith nation, and eft rampart to national li fecured the ri; ghts of all o oufly defended by all, and ner, of the Englith monarc} contraét, which both limited and enfured the conditi Though often viola nobility and people ; and as valid, that iuffinped the: : loft authori ity, from the fre a a = } them im feveral ages, by reeal and arbitrary powe; Fe oe ee ee : WHILE Pembroke , by Ving and ¢ the my ~) . - os . ies te) SO ata { rs ne {Sreat Narter, cave fo much latisiaction and fecuri A WT 44% IN pplied himfelf fuccefsfully in the king’s name, to hich he reprefented to and animofity they might a young. prince, chs, had now fic- adecefiny predecei or r them ¢ Be, and it was full rn to their duty, to re- 1 kingdom, and to fecure calouly contended : now buried in to eeite their com- , if he had been left to his fon the which had led to now obtained a their intereft to fhew, ifition was not incompa- that the rights of king tile and oppofite, might j character of Pembroke had ever main- ence on.the barons; and moft of them began fecretly to negotiate. with him, and many of them ily | ir d The € uae forwarded this pee when the of the ecaftle of o had been fo active aint or HISTORY OF ENGLAND. ss = - ‘s; while the Englifh army, by concert, in the fame inftant from without, mounted caring down all refiftance, en- id. Lincoln was delivered over lly routed ; the ‘fons more, was killed, and about 460 knights glifth *. So little blood was fhed in this important action, which decided the fate nh army was tc kingdoms in Europe; and thofe ancient barons, who vith every thing but arms ! of this fatal event, while over, which was ftill valiantly rt de Burgh, He immedi- h was the center and life > received intelligence of a new 5 di "5 which put ar to all his hopes. A French fleet, brin; over ¢ x reinforcement, had appeared on t Kent; where they were attacked by the &nglifh under the command of Philip d’Albiney, and were I ! repulfed with confiderable lofs, D’Albiney 2 ftratacem acaintt t] hich. is faid to have ined the wind of son them with violence; Ciel cat. quantity of quick- I j on board, he fo blinded m._ defending them- hih baron vhere to make terms of peace with the protect 7 an early fubmiffion, to prevent thoie attainders, to wh they were expofed on account a reftitution of the free and "THE conduct snded tended, Enelith 1 ance, and woul fence: Even 2 ened the precautions, which the ki of this whole affai that his barons > y dah » without his advice, and c = mee ihe if to Engtas and Lewis was enemies, it father, cour *. V V men are ort to every | v AT ?) Vv | i i’ aS if af ‘ Ley wi “ H ) I L, 1 nol al ¢ 1diti 1 } try, W e round, ¢€ 1 d to evacuate the ‘n, an indemnity to his eir honours and fi WwW! NEAT too much at the truth, t ed, that the be wrapped up undei or ~] ek conciudesc anch c > xxy° ¢ ne ancne ofr Cattle HIS WitC, NO 1 and f-} {1x Lyaxp ney ; ved ITS, l, i rer yer, nf open azy-! 1t to the eyes f | 1 r i C i € had I 5 cree 5 them t neir - pohie i } . 1 hel i 4 * wv) € A A : in) livion 1 L { as t n aqn » I were tut } A v(t dy { t ey Re | - 1 me ce | . f Rae a - 7 baniinhed ; a ai 10 cicaped pu nent, made atone- j t f I to the legate, é 7 ) t i i DEdient : 4 ve the pacin- d been chi ig’ to wifdom and } vk - a ee ee + farnmas uy 2 he 4 yucceec 1 the ooyernment by er Och I - ~Win i and de Dureh, cn } C12} e Col of the latter \ t pale al meter Abd Tae bese nag 1- eA) “eh Cuteny Oh WEG; and 1c pr ielicd equal autio- etek ; : E: rity in the kinedom wi 5 he feemed to be W WOrtny ¢ I I virtuous the 1 d arons, who } “ f.] ‘ oe pie fee 0 l jection to their prince h | } xt | } J ; "ik re neon! Latent he : ; I no iefs than tne kin fuffer . ere i and ¢ ufurp- been: com- E ul irped vailals : vited all nd to live on in all no, though he had carly r d to his duty, and had been fervice- able in expelling the French, augmented to the utmoft the general r; and committed outra u counties of the North. In order to reduce hin : Eanes SS dience, Hubert feized an Opj Sater d of get tine fion of cham. caftle, which Albemarl foned with his licentious -ret ftead of f Fawkes d entered Peter ds racy with uleon, and other barons, tle of Biham for his defence, and 1} 1 ana oothn made himfelf prize of that of Fotheringay. Pandulf, who was to his legatefhip on the re- cal of Gualo, was active in fupprefling this rebellion ; and with the concurrence of -eleven bifhops, he de- mntence af. ex on atic ‘ > (} A.ti.. entence of excommunication againft Albe= S marle and his adherents §: An army was levied: A ~ } a nounced tne e of ten fee was impofed on all . - +o. Tr. -4 s 11 itary tenants: $ aliociates gradually deferted him: And he himfelf. was obliged at laft to fue 1a pardon, and was reftored to lenity, too frequent'in thofe times, was probably the refult of a fecret’ combination among o the barons, who never could endure to fee the total ruin Pa 174. ¢ Rymer, vol, i, p, 276, f£ Cl ~ a low violence, to which m L$ Plater ae cht all law ar s3 he came to force, feized the en War prifoner, his life prifoner, his lif cr. as confifcated, ana RM ee | VATNCG e out in London, betweer become more pide tne eared, Of tne infoler o cates Tort See tial 4 fence, “he> proceeded. acai ordered him im & Rymer, vo t ; Chron, Dunf, vol. i, p, 141, 1 a2 1 Waverl. p. 188. > P- 221, 224. Anns Wayesl. ps 159 M, Weil, pe a83- form Fie cEN SRS? YEO ST: rs form of procefs, He alfo cut-off the-feet of fome of Con-C HA P. i XIL ftantine’s accomplices\*. wren Tuis act of power was complained of as.an‘infringe- 1222. ment of the Great Cha ry, inva‘par- a great coun +B] il ation) made na Peelers, ee ceive that appe no feruple to grant i ng’s mname-a renewal and con-~ When the aflembly made ap »plicati on to this favour ; thofe times feem validity, i renewed ; Willian de Briewere, one of the c regency, bold as to fay that thofe SERS) : were extorted by foreens and not to be. obferved : But he was reprimanded.by the archbifhop of Ca anterbury, and was not countenanced oy the king or his: chief mini- ftersi, A new confirmation was demanded and two years after; and an aid, amountin iy it, in return for all moveables, 1 writs anew to the fhe- of the charter; but he inferted a remarkable claufe in the writs, that thofe, who payed not the fifteenth, fho ould not for the future be entitled to the benefit of thofe liberties *, 1 THE low hs into which the crown was now fallen 3 made it requilfit > for a good minifter pope, who had always great authority in the ode ; and defired of full age, N and was now confidered as its fuperior lord him to if and entitled’to exercife.in perfon all the acts of roya In confequence of this declarati: nto Henry mn, the juft hs the two seca foitrefles of the M. Paris, p.217, 218, 259. Ann. Waverl, p.137. Chron. Dunft. i i volt. p. 129, p. 282. & Claufe 9, 8, 3, m. 9. aad m. 6, d 22BO% To ower ct P. Tower and D iftle, which had been entrufted t ‘ tee ane cult | eG the othe to imitate 5222 } exa: rhe fuf ial i & earls of Chefte: LJ narle, John € of fter, John de Lacy, Brian VIfle, and ¥ de Cantel, with fome ot , even formed a confpiracy to furprize Lon- don, and:met in arms at Waltham with ee intention: But finding the king- prepared for defence, they defifted from their enterprize. When fummoned to court, in they fcrupled not to : But they told the ions againft his perfon, anfwer for their condu to confe whom they were de- ™, They appeared they were fo:little dif- ize, that they or Lx etegpenel oy be too formidat couraged by the ae L 4 ae SP eILAYr SoH (cere oe acain met in arms at Leicefter, in order to feize the king, who then refided at Northampton: But fie informed of their purpofe, took care te be fo well armed and at- aes Anion ahet ant yr anys t the barons foun tended, it dangerous to make the at! eRe Chriftmas in his 1e prelate. find- pt S, Hl LX) ps ing ev r tend towards a civil war, interpofed with and th their ¢ e barons with the fen- ition, if they perfifted in detaining s. This menace at laft prevailed: Mot 16 Gs were for yn after king is own cul be 1 ~ ’ to nA peen J at that time 1 r +} ¢ | nN LC KK tne influence oi the preiaics and cleroy was often of ereat iervice fo the Chron, Dunf, vol. i, p, 137. n M. Paris, p. 223. Chbrom Dunk. vo et © Coke’s Comment, on Magna Chartay ) Sea together a people, and who kept nen men, specs : . ae s England, and the precarious authority of the crown » FI . a By Henry was obli; to Carry on war in Fra ; and he Var im france; and nc e! to that purpofe the fift on eranted him by parliament. Lewis . a A DL ist ceeded to | fatner Philip, infte of comp ) Henry’s claim, ho demanded the refti mandy and the other provinces wreftc Tay art Ps 1 Paes: 1 made an ifruptio! to roicrou, to oO from the few provinces which to them. Henry fent over his uncle, th - toge- ther with his brother. prince Richa 4 : } é - io: -* granted the earldom of Cornwal, to the crown. © Salifbury ftopped arms, and ret oictevin < their allegiance: But no military: a y was ‘performed on either fide. after two y nne, Tuis prince was nowife turbulent or factious in his difpolition; His ruling paffion was to ama{fs money, in P Rymer, vol, i. Trivet, p. 179, neces WhaiCn which he fucceeded fo well as to becomie the riche? fubje& in Chr om: Yet his attention to gain’ threw him fometimes into acts of viol 1¢ ifturbance to anor, which had for- the government. rnwal, but had been s, before Richard had been and while the earldom remain- rown. Rich: claimed’ this manor, and expelled the proprietor by force: Waleran complained: The king ordered his brother to do juftice : The earl faid, to the man, and reftore him to his ri that he wou fhould to thefe orders, till the caufe re-inftate ould be tried ; and he to the ear] 9, a may judce of nment;: when: this affair lhe.earl of Cornwal, in his commands, aflociated him 10. had . >1€ two m alc contents of Chefter, Wa- WIC, and F Ferrers, who ¢ t, They aflembled } they power or coura known; and he wa ed for maintaining 3, whom the 8 Ibid. feudal mene? 14 autnority,. been fteady in but to have jurrounaced him, and whom ,] ; an al ue ableft-and moft virtuous minifter that poflefied, was Hubert de Burgh ‘; a man who had been ; crown in the moft difficult and dangerous no difpofition, in the height »pprefs the people. The iat which is >> advice me ely pi ert s advice, namely, the recall- . at shart -£ c o , 3 ine pu of the charter of forefts, a 7 : Pn oe Bs c 1 concet in itfelf, and fo paffionately T i claimed ity and people: But it muit be ure is fo unlikely, both from of the times and character of the mini- 1: to dou bt of -? . 7 no other hiftorian. I miniiter, GLAND. HIS BOR YY -Or ty, had an entire afcen- was loaded with honours and favours | Aes l.earl of Kent, and chief jufticiary of moran : sem, \ , and of fending ti ee Oi: Nis Zeal 1e Crown, no fooner faw the op- $ anl- pufhed him to feek the total mofity ruin of his minifter Hub took fanctuary j a ruin ofr n I cer. ert C . LAN cuary in < nT +} 1 from tf _ j : Bell edict alia Mm son aiter To iurrenaer onfined him in the caftle of the Devifes. as expelled the kingdom, was wiaie> 7 - Shine i > acain 1 ecovered a great fhare of the dence, but never fhowed any inclination to z ; | + — } c j e , + £ n, who fucce i him in the government of 2 the king 1 kingdom, was Peter, bifhop of Winchefter, a Poict 1 birth, who had been raiféd by the late ee | rn 1 } hie arhi KING an WhO Wz 0 1ek litt a by fis arol w 1250s X Ibid. p. 25g, 260, 261, 266, Chron M. Wek, iniftration was one c nation among the barons, mn m the charter of liberties, a ; of the Englifh conftitution, Hen ! from his character, of purfuing the { 1 nt maxims, which had soverned —_— uid More foreigners, who, he believed, cx than the Englifh, and who fee the. great and indepe power of nand was beftowed : P Every office and com: ftrangers ; they exhaufted the revenues of already too much imp¢ rights of the people; and their i 1 on them th voking than their power, com 4. envy of all orders of men in the kine THE barons ie med a combination acainit this odious miniftry, and wit PP ESES on pretence of the danger, to chinations of the I attend, they atte S his fore igners : them out of t 7 nx head, more worthy to wear it’: Such was the # tyle they y ufed to their fovereien ! T it, but fo well attended, that t n to prefcribe laws to the king and les Roches, however, had in the interval found means. of > 3 yY M. Paris, p. 263. # Chron, Dunft, vol. i. ps Ist. aM, Patis, p. 25 b Ibid. p, 265. Vou. Il. M arifchal, who of his brother, thence William, was € T J } + par | rage Y J wae te into Ireland; where be was treacheroufly murdered by of Winchefters: The 1 bund £ tne contrivance. or tac 1 } ae on ~ankiraten e obn barons were coninicated; 1} : 1 eat ence Cc trigi by t peers “ 3; and were ey es : ute a izole 10 } , } tr the baro c i lana I it ; : 1 1¢ es On th ; f with sg i tne iame ic ind | V he monarcn im the c ar . , ] rOrmer CO haa have { ror him to nave ia latter, it had been ho tection . in hig acene a illes th c Charte Ww } he wa t “© Why fhould J ol is charter. wi is neglected by all Ly grand both prelates and not pr Te very et them wey re pa - bent ON > ey: lifmifion CH AP a : ct: ie tTH4 he tne ruin of His < aiter requiring the difmiffion © minifter ? or the excomimu lon, in cafe of his refufal, 1233. xcommunic Ly DEE, | Ame AMD SEW Ae, RNES PRM BO eyo A ee able to the fenfe of the people, could not f the moft dangerous effects, ‘was 5 , srs were banifhed: The natives are tf their place in council f: 1 “ rt} KEY fietaety t es, bore the chief fway in t obferve the charter of libe foverninent. Bur the Englith in vain Aattered themifelves that they fhould be long free from the dominion of foreigners. ' Ihe king, having married Eleanor, daughter of the count of Provence 8, was furrounded by a o of ftrangers from* that country, whom he c the fondeft affe enriched by an imprudent gene- °* : | § ; Valence, a prelate of chief minifter, i every art to am ) for himfelf and his relations. Peter, of invefted in the honour ther of the fame family, was gk ae aa as : of chmond, and received the rich wardfhip of earl Warrenne : Boniface of Savoy was promoted to ’ ‘ i" : oe I Fs he ren be Canterbury : Many young ladies were invited oy ET 2 Whilem pen Aceon - Cihier NOoLeEMenN 1n Ln Jind refume al] patt which he had ta him to make fuch a refu f M, Paris, p, 271, 272. & p. 286. h M. Pa 5 B+ 392, 394- = LAND. lice which ens in whom the fu- ‘The oppofition, ion, prevented it from taking i ities, to which the y the ava- \bout the fame time, he xcommunication, ift the emperor Frederic, his brother-in- pope’s vaflal, all the com- s weak reign, when any s dominions, lained is rofe high at t no remonftrance or Q avanaon them, After night have been fuppofed pretty. well fatiated with the dignities and riches. which them. J t } | Ls at Ve 1ef «¢ ary § d among them: thofe favours, p to have conferred’ on the Deen: UuNnyultl la Marche, tc than fhe married that nobleman*; and fhe had born him four fons, Guy, Wil Geoffrey, and A r, whom fhe fen » Eneland nay a vilit to their g > P*) kM. 295, 30%. I Rymer, vol, is pe 383. m Chrots J BR i » Ps 1740 protherg HOE’ N R YY , 1 ; 1} J Vy ik their meafuies appeared criminal and ¢ le. Vio- i - +} . ‘} ed ‘ ‘ lations of the Gréat Charter were frequently mentioned : provad that foreienérs 7 » ine on boundlefs would: in an 40 when not any whére known, piy Vv : na elent intereft than to 3 m : at yt AnD : ' {c dn ; > 9 gq i j T hoy #hi Ke. “—w_ 4 ' the Enolith tended Pog kB Bes tes AC, and made every I RECKON not amone th what rude and i particularly the citi of money; and it is nat ° M. Paris, p. 491. M, Weft. . “2 Ae P M. Paris, p. 566, 666, . Waverl. p. 214, Chron, Dunft, vol, i. P) 335° 4 M, Paris, p, 301. M 3 , borrowin = HISTORY OF ENGLAND. i to the neceflity of «want of ceconomy, whl would prevent him from being very punctual in the repayment’. Hed nanded benevolences or pre- 1 voluntary co m his nobility and pre- fh. He was the firit queft, that could fairly be faid to lie under the reftraint of la in oO power, king of England fince the con- and he was t practifed the difpenf- > e of Non-ob/tante in his bje€tions were made to this that the pope exercifed that autho- rity ; the example? But eh rsrinkes which the nope made of his difpenfi rer. he abufe, which the pope made of his difpenting power L 4 r bs 5 3 in violating the canons of general councils, in invading sand cuftoms of all particular churches, and in ufurping on the rights of patrons, was more likely to ufy of the people, than to reconcile them ; rnment. Roger de to Ce Tt of was fo difpleafed wit ty Alas ! what times é ¢ fallen into? Behold, the | court is corrupted in a I poifoned from rofufe bounty to his foreign } g relations, and to their friends and favourites, would have | had any thing the nation, or foreign countries, been at- o bat o o of + oO ae} i= a in the king would d have given rons in awe, a ment, But though he loam X. in 1242, and made an upon the invitation of his father- iw, the count de la Marche, who promifed to jom M, Paris, p. 507+ him with all his forces; he was unfuccefsful in his at- © ajlle- what remained to tempts acainft that great monarch, was worfted at T ‘- . i bourg, was deferted by his allies, loft him of Poitou, and was obliged to return, with lofs of honour, into Eneland't. The Gafcon nobility were at- to the Englifh government; becaufe the diftance sia of their fovereign allowed them to remain in a ftate of al- id they claimed, fome time total independance: A Henry’s protection which the ro acain nm invai . “1 Ane nee trae {7 7 ay king of C le made upon that territory. Henry re- ae Sef j Be foe Pipl) Sp Tis ee into Guienne, and was more fuccefsful in this ex- edifion ; but he thereby involved himfelf and his nobility D I n an enormous debt, which bo d their difcon- tents, and expofed him to greater danger from their enter- prizes ® Want of céconomy lit Henry’s great expedition, had become fo troubl 1e, that he fold all his plate and jewels, in order to difcharge them, When this expedient was firft propofed to him, he afked, where he fhould find purchafers ? It was replied, the citizens of yn. On » word, {aid he, ~z/ ns are able to bé i Dé mjeLves complain*of in the civil government duri ftill lefs burthenfome than thofe v feem to h they fi court of Rome. On the death of Lancton t M, Paris, p- 393s 394° 398. 399- 405- W # Gp. Chron, vol, i, p. 153. i M, Paris. p. 634. Paris, D, SOl, * M, Paris, ry sor. 507. $18. 5973 606, 6 = > wh 4 one armen ge a) Gq . xed Dy 1ed ected Two uryy clon S.COl ad not ror il ‘4 & tal ay > RD i KO ae 5 Z re ce \ ) to Ye i ¢ i thi without t Cauie 5 tu Oo Pp; are SICH AG, i] biinop, without waiting for a 7 I ee V odie peace Winans bet 1 the a h OF KiCNard in 1221, the EY « PPMP I Kas 2 : > IN Din p ol Chichefter ; and 1¢, that: prei too Miu i i aa + ee the po of annullino his election2, clergy more, whom the monks had ) ee eee } | SESE that’ sf 1 he ‘at -laft told them, that, ii h , treafurer of the church of 1 choice; and his nomi- 1 wi he pepe had the prudence tin i] mates ; but men é go of thus drawing If ght of beitowing that important however, more than the ambition of a to been in this age the | laint. 1¢ papal. minifters, ock: of power, amafled by their prede- rous of turning it to. immediate proft, iome, ratl than of ‘enlarging p24 countries, where they. never » aver was become venal in 1als ; fumony.was openly practifed; no ) could be obtained with- h der was fure to have the pre- he merits of the perfon perverfions of right 2: ns ee IO pe openly aflumed uthority of. fetting afide, by power, all particular rules ons, churches, and convents, On — , T H } N Sw x iii, t > pope Hon h ’ \ t fe t C ane om every Ca b 5 ls, and from ey ery convent two monks’ j } be fet.ay s a perpetual and fettled of the papal « : But all being: fenfible, revenue w i ( and the abufes > jaid to nave from atine : ese aemanas, ine ic lupport or iis g . 7 1 ] ~y nter 2 , > nt authority, never failed to countenance thofe ons. MeanwuiI.e, all the chief benefices of kinedom 1eClations, roie againit the ital ;; wafted their land fulted the perf hem as they found in the kingdom *; and when the juf- . . li, p. 427, My, DP, 265: 257. of fuch ou Tn- at Lyons, eror Frederic, the fent over agents to complain before Romifh church. ~ They that the bene- avarice OF cen eftimated, > a year, a i the i] revenue of the crown it- felfs. “They obtained only an evafive anfwer from the ; but as mention had ft n made before the coun- he fee of Rome, R Roger Bigod earl lead was of Nov exclaimed againft that pretenfion, arid. in- fifted, that king John had no right, without the confent of Ke varons, to fubject the kinedom to fo ignominious ia sid of carrying mat- . The popes indeed, a inft England, feem thenceforth to have {ted on that pretenfion. k, received at the council of Lyons, was ble to ftop the court of Rome in its rapacity : Inno- 1} rleG {ti ll ECCIElAL a e aS re “y a we non-refidents *. He ymen ‘; he pre got by ufury ; he le- . Ps 47%. fays only 50,0c0 marks a year he euftoms were part of Henry’s :revenue, and amounted to 6000 pounds a year: ‘They were at firft fmall fums paid by the ants for, the ufe of the king’s warehoufes, meafures, weights, &c, See Gilbert’s hiftory of the Exch. p, 214. a dM, Paris, p. 480, © M. Paris, p, 480. Ann, Burt. p. 305 373° f 04, Paris, ps 47G6 Homi N ROY I] vied voluntary contributions upon the peo] d i z the king, contrary to his ufual exactions, he threatened to denounce a t him the fame cenfures, which he had emitted ag: the emperor, Frederic *. Burt the moft oppre! pope, was the embark conqueft of Naples, or was Called ; an enterprize, v on the king, and involved him, during fome years, in great. expence and trouble. “The Romith church, advantage of favourable incidents, had ‘reduced dom of Sicily to the fame ftate of feudal vaflala sland, fhe pretended to extend over Eng reafon of the diftance, as well as high {piri kinsdom, fhe was not able to n oD 3 Bk die ft of the emperor, Frederic volved to Conradine, the kingdom during tt 5 a {cheme for eftablifhine hi cent, who had carried on viol Frederic; and endeavoured to difpoflefs him of his dominions, ftill continued hoftiliti but being difappointed in all and artifices of “Mainfroy, he ] en Mthcien hri a hoannwy 1, (~ ore alone was not fufficient to bring to a. happy iliue fo great y eS nded + Mfr £ kha Ginih He pretended to difpofe of the Siciilan { Chrilt, to whom ail kingdom ee 1} ' ws ys sted 5 and ne mace a tender or 1% to iNl- 1 chard earl of Cornwal, whofe immenfe riches, he flattered himfelf, would be able to fupport the the kiney whofe levity and nnocent more hopes of fuce ce * cor o vificent i a | neces, with- fa ‘ or the parliament, Ct of au ; and pave the pope fum thought necefla Inno- Ww to wage wat vith Ma enterprizes at j vy. who fucceeded him in the papal throne; continued the fam policy: And find himfelf on a fudden involved Li he had never been confulted fum als ady amounted to 1359541 nd he had the profpect, if he I foon loaded with more iled it, ef both incurring f lofing the crown of Sicily, e the clory. of fixing: on’ the t L y ; and that he ttion, he fent no ns: but even thofe who ts'to the more refrac} were fummoned, ridiculous cheat, impofed 1 beth the pope, determined not to lavith their money on fuch enim al’ proje Os nw I pretext of the abfence of their brethren, ¢ 1 to tak ne’s demands into confideration?. © In th rey were t=) his only refo 530+ M, Parise ¢uat Be a , or had vowed to iiaae rt the war rrible more terribie re 1 FS ee nts faith than any Saracen fiaftical benefices. in erders to excommuni ed to the kine the goods of in- benefices ; the es of vacant oO =| =} o revenues of all non-refidents®. But thefe taxations, be- ing levied by fome rule, were deemed lefs grievous, than impofition, which arofe from dhe fuegeftion of the bifhop of Hereford, and which might have opened the court of Rome by drew bills of « ferent values, on the whole to 150,540 marks, on -all the bifhops and abbots of the kin who, it was and oranted thefe bill capieel nae id advanced money for the ce of the wa tie W n, to fuch an extraordinary demand R t ¢ leoate an extraorail ary emanda, 1! Sa tte, chareed with the commiuffion of e1 iplo autho! to c the i 4 < p? — < } i re il } re Tra I J - VOl, 1, Ps S97» P+ 54° 4 ‘ H 4 Ps | 1 1 1, that the pope in terms, that all ty of the pope, and he ms in whole or in part; as he { 1 the end, th and abbots, be- unication, which made all their revenues { to the k were obliced to +1 : 7. A A ¢} nicer +1 OAeT rhink » THE Cx ) And the only mitigation, waicn llowed them, was, that the tenths, already granted, fhould be-accepted as a- partial payment of the fufficient for the pope’s ills. eyer: ueft of Sicily was-as remote ne were endlefs: Pope e {3 that he fent over ; kingdom with an vith excom: cation, if the ar- rears, which he pretended to be due to him, were not in* ftantly remitted‘: / t laft, Henry, fenfible ofthe > 3 cheat, began to think of breaking off the agreement, and of refi¢ i ’s hands that crown, which, it was not intenc Adexander,. tl ae fhould ever en Earl of ‘THe earl-of Cornwal had now real Cornwal itn — ‘ 1s , : eleéied king OD his foreficht, -1n lino the fr of the Ro lin { mans, 4 and pc empty and pr olory of a for he had not alv tt folution: His vai and Mp his prudence and h ‘ice 3 and He PM Paris, p. 614. 7 M, Parie vol, i, p. 624. M, Paris, eriterprize no lefs expenfive and vexatious Sai n that of his C and not attended with much greater anon of fuccefs. [he immenfe opulence of Richard } made the German princes caft their eye on him as a can- didate for the empire; he was tempted to expend vaft np fu 0 s of money on his ele ion, and he fucceeded fo far as to be chofen ki of the Romans, which feemed to ren- der his fucce on infallible to the imperial throne. He went over to Germany, and carried out of the kinedom no lefs a fum than feven hundred thouf, marks, 1f we may credit the account given by fome ancient authors which is probably much exaggerated E while it lafted, procured him friends and partizans: But it was foon drained from him by the rapacity of the Ger- man princes; and, having no perfonal or family connex ions in that country, and no folid foundation of power, he found at laft, that he had la frugality of a whole life, in order to procure a fplendid and that his abfence from Enclai his brother overnment, gave reins to the, factious and turbulent difpofitions of the Englifh barons, his own country and family in great calamities. Tue fuccefsful revolt of the nobility from king John, Dif ALO) & and their impofing on him and his fuce the royal power, had ‘made them feel their own weight s M, Paris, p. 638s The fam thor; a few page ehard’s treafures amount to little ban h the fum diffipations and expences; throughout his whole reign, ac aat or, had amounted only to about 940,009 marks t The fums mentioned b y c authors, who were almoft all monks, are often im Nible authority n ever fserman i 0 ~Orn revenues 6 ofa A ent of refift se SLO DS SE ee eg Se | DEN Ae Pu mens ge 2 had sine tarvwo™ ance, and be 12 fOnoWCa DY a I NOFILYs ad mf A= 255. “fn J 1 1 ¢] Por arhvecd Lb aed 4895 verifhed, as well d tnat crown, Which the y 1 O..8 } } vd were at lait inaquced, 141 > fear of worfe confequences, a 4 n the kine’s oe em n, either great abilities and vigour were requifite referve to to overawe the barons, or great i l c s; and it muft be 1 of neither of thefe EE eS ¢} 44 confefled, that t talents. He. had srudence to chufe right meafures; he wanted even tl! fometimes pives s; he was entirely devoted to his : j c ies of Mics favourites, who were always foreigners; he lavifhied 0 on ight to wrong them without diferetion his dimini hi ino, that his barons aaa sofition towards Ih yranny, and obferved not vaflals the fame rules, which they had impofed on the crown, he was apt, in his adminiftra Hap cles of the Great Char all the falutary arti- r; which he remarked to be fo little reg gar d by nobility. This conduct had ex- tremely lef ened oe authority in the kingdom; had mul- tiplied complaints againft him ; and had frequently expofed bis to aftronts, and even tc Saceaivwe ah aisenbiprs upon his prerogative, In the year 1244, when he defired a fup- ply from parliament, the barons, complaining of the fre- quent breaches of the Great Charter, and of the many fruitlefs applications which they had formerly made for the redrefs of this and other grievances, demanded in re- ation of the great q 1s chiefly turn, that he fhould give them the nom : jufticiary and of the chancellor, to whofe ha ration of juftice was committed: And,, if we HV may. credit the hiftorian", they had formed the plan of other limitations, as well as of affociations to maintain them, which would have reduced the king to be an abfolute a & M, Paris, p, 432 cypher, ee ow. RY: SIT typher, and have held the crown -in_ pe and dependance. ‘The king, to fatisfy them, would agree ral permiffion to excommunicate all the violaters of it: And to nothing ‘but a renewal of the charter, and >ne he received no fupply, except a fcutage of twenty fhil- lings on each’ knight’s fee for the marriage of his eldeft daughter to the king of Scotland ; a burthen, which was exprefsly annexed to their feudal tenures. Four. years aioe in a full parliament, when Henry demanded a new fupply, he was openly reproached with the breach of his word, and the frequent violations of the harter. He was afked, whether he did not bluth to de- fire any aid from his people, whom he promeeyly hated and’ defpifed, to whom on all occafions he preferred aliens and foreigners, and who groaned under the oppref- fions, which he either permitted or exercifed over them. He was told, that, befides difpara his nobility d forcing diem to contract unequal and mean with ftrangers, no rank of men was fo low as to efcape ge vexations from him or his minifters; that even the victuals confumed in his houfehold, the clothes which himfelf and his fervants wore, {till more the wine v were all taken by violence from the no compenfation was ever made that foreicn merchants, to the of the kingdom, fhunned the they were poffefled by pyrates, and nations was thus cut off by thefe lofs was added to lofs, and injury to inji merchants, who had been defpoiled of their coods, were > 5 3 alfo dbliged to carry them at own charge to wha éver place the kino even = Si 4} 1 1 rovy yey tr > 4 } . wey nad not fui lide 378 CHAP. xii. | Ge 5255: dg OF Hels TOR Y. ENGLAND. dities in the Englifh market, were frequently conftrained to carry them to foreign ports, and to hazard all the perils of the ocean, rather than thofe which awaited them from his oppreffive emiflaries ; and that his very religion was a ground of complaint to his fubjects, while they obferyed, that the waxen tapers and fplendid filks, emplo yed in fo many ufelefs proceffions, were the fpoils which he had forcibly ravifhed from the true owners”. ‘Uhroughout this remonftrance, in which the complaints, derived from an abufe of the ancient right of purveyance, may be fup- erated, there appears a ftrai nge mixture of regal tyranny in the practices which gaye rife and of ariftot ratical liberty or ra licentioutaeks fions employed by the parliament. Buta mixture of this kind is obfervable in all the ancient feudal ments ; and both of them proved equal lly hurtful to As the king, in anfwer to their remonftrance, gave the g § parliai only good words and fair promifes, attended with the moft humble fubmiffions, which they had often found deceitful, he obtained at that time no fupply ; and + til , when he found himfelf < under the nece lying to parliament, he had pro- vided a new pretence, which he deemed infallible, and taking the vow of a Crufade, he demanded their affiftance in that pious enterprize *. The parliament, however, e time hefitated to comply; and the ecclefiaftical order fent a deputation confifting of four prelates, the him on his frequent he oppreffions with which ay ] nowy | éts ¥, and the unca- Bee Ry Yr ae. I > / 9 nonical and forced elections, which were made to vacant C ees P. dignities, ‘* It is true,” replied the king, ‘* I have ** been fomewhat faulty in this particular: I obtruded *€ you, my lord of Canterbury, upon your fee: I was ** obliged to. employ both entreaties and menaces, my “* lord of Winchefter, to have you eleéted : My proceed- ** ings, I confefs, were very irregular, my lords of Sa- *¢ -lifbury and Carlifle, when I raifed you from the loweft ** flations to your prefent dignities: I am determined “* henceforth to correét thofe abufes ; and it will alfo be- “¢ come you, in order. to make a thorough reformation, ** to refign your prefent benefices ; and try to enter again 34 in a more regular and canonical manner?.” The bifhops, furprized at thefe unexpeéted farcafins, replied, that the queftion was not at prefent how to correét paft errors, but to avoid them for the future. T'he king pro- mifed redrefs both of ecclefiaftical and civil grievances ; and the parliament in return agreed to grant him a fup- ply, a tenth of the ecclefiaftical benefices, and a {cutage of three marks on each knight’s fee: But as they had expe- rienced. his frequent breach of promife, they required, that he fhould ratify the Great Charter in a manner fill more authentic and folemn than-at y which he had hither- to-employed. All the prelates and abbots were affem- bled: They held burning tapers in their hands: The Great Charter was read before them: They denounced the fentence of excommunication againft every one who thould thenceforth violate that fundamental law : They threw their tapers on the ground, and exclaimed, AZay the foul of every one, who incurs this fentence, fo ftink and corrupt in Hell! The king bore a part in this ceremony ; and {ubjoined ; “* So help me God, I will keep all thefe ** articles inviolate, as am a man, as I ama chriftian, “as I am a knight, and as I am a king crowned and = M, Paris, p. 579, N 2 “< anointed,” 12 3 SNS c. 2 LAN TD meafures afforded a uch valour and re- and who, oits by cruelty and ) precious to all the bigots ecclefiaftics.. A large in- ceffion to this family ; but more opulent pofleffions erform fealty to. two. mafters, is younger brother, ge for his lands, fer, In the William earl BES 7 ; : of Pen and fifter to the ; but the marriage th iener, though y complained of ns of England; ir violence, by the Kine’s favour and authority alone *. But. he had no PY ead Oe or, ee eee fooner eftablifhed hur ons and dicnities, mary Khe aco * nis 7 sal 1S oe fy an ne acquired, Dy in idrels, a itrong ig oO Ann, Waverl, p, 210. Wa b M, Par iinteref{t with the nation, and gained: eq i ea Se Se rs of men. He loft, however,) the friendfhip U- “ - c r Pee ae ey eee Sere - 1253. enry from the ufual levity and fcklenefs.of that 5 ; he was’ banifhed the:court ; he.was recalled ; Tice 3% +44 re a - NX was entrufted with the:command of Guienne °,, where hie ; ; cquired honour ; did vood feryice and a he } his banifhment from c ia eS IS Fs win eke irrevocable... Henry cz autne come too great to preferve an entire comp] ry’s humou and to act in fubferviency to his othe oy: By-his fee concern d the affections of the public ; friendfhips, whic had culti- is animofity. agai dQe yated with the ba created an union of erful order. ts between him and that pow- A RECENT quarrel, which broke out between Leicef- ) = =] 2) o fer and William de Valence, Henry’s half brother, and N 3 chief oe | ed gh a = i a i ENGLAND CH A P. chief favourite, brought matters to extremity *, and de- hte u-\-~ termined the former to give full {cope to his bold and un- ij 2258. bounded ambition, which the laws and the king’s authority had hitherto with difficulty reftrained. He fecretly called a meeting of the moft confiderable barons, particularly Humphrey de Bohun, high conftable, Roger Bigod, earl marefchal, and the earls of Warwic and Glocefter ; men, who by their family and poffeffions ftood in the firft rank of the Englifh nobility. He reprefented to this company the neceflity of reforming the ftate, and of putting the execution of the laws into other hands’than thofe which had hitherto appeared, from repeated experience, fo unfit for the charge with which they were entrufted. He exaggerated the oppreffions exercifed acainft the lower or- He ders of the ftate, the violations of the barons’ privileges, the continued depredations made on the clergy ; and in order to agpravate the enormity of this conduct, he ap- { pealed to the Great Charter, which Henry had fo often ih ratified, and which was calculated to prevent for ever the i return of thofe intolerable grievances. He magnified the i generofity of their anceftors, who, at an infinite expence of blood, had extorted that famous conceffion from the crown; but lamented their own degeneracy, who allowed fo great an advantage, once obtained, to be wrefted from them by a weak prince and by infolent ftrangers, And he infifted, that the king’s word, after fo many fubmif- : fions and fruitlefs promifes on his part, could no longer : be relied on; and that nothing but his abfolute inability : to violate national privileges could henceforth enfure the regular obfervance of them. THESE topics, which were founded in truth, and fuited Betty fo well the fentiments of the company, had the defired effect ; and the barons embraced a refolution of redrefling the public grievances, by taking into their own hands the eiit f M, Paris, p. 5g adminiftration adminiftration of government. Henry } a parliament, in expectation of receiving fupplie Sicilian project, the barons appeared in the hall, cla complete armour, ‘and with their fwords by their fide: The ki ance, afked them what was their purpofe, and they p god replied in the name of 'the reft, that he was not their ng on his entry, ftruck with this unufual appear- ether tended to make him their ea é? Roger Bi- be loner; but their fovereign ; that a even intended to in order to fix his fon ‘on the ; 5 that they only expected fome return for ce; and that, as he had frequently made fubmiffions to ie par sit ment, had acknowledged his paft errors, and had ftill allowed himfelf to be carried into the fame path, which gave them fuch juft reafon of complaint, he muft now gels to ftri&t regulations, and confer authority on thofe who were able and willing to redref{s the national erievances. Hen partly allured by the hopes of fupply, partly intimidated by the union and mar- tial and promifed to fummon another ara e of the barons; agreed to their demand ; yarliament at Oxford, in order to digeft the new plan of government, and to r ele&t the perfons, who were to be entrufted with the chief authority. 1 Tuts parliament, which the royalifts, and even the nation, from experience of the confufions that attended : Fr “ Cesverardce dennmin:- 1 +} its meafures, afterwards denominated the id parliament, met on the day appointed ; and as all the barons brought along with them their military vaflals, and appeared, with an armed force, the king, who had:taken no sredetions againft them, was in reality a prifoner in their hands, and was obliged to fubmit to all the terms which they were pleafed to impofe upon him. ‘Twelve barons were feleét- ed from among the king’s minifters ; twelve more were & Annal, Theokefbury. N 4 chofen dCHAP. XII. Ir June, Provifions of Oxtord. ay r84 HISTORY OF ENGLAND. To thefe tw unlimited ne ftate; and the kine t o reform t Q that he would m ain whatever 1 think proper to enact for that pur- at the head of this fupreme coun- thus in reality tive power was re taken by hig Their firft ftep bore a fpe- meafures w well calculated for the end, f all thefe innova~ it four knights fhould be chofen by each ceunty; that y fh hhould make enquiry into the rievances of which their neighbourhood had reafon to < 1 i parliament, in order: r of the ftate of t I countie A to our pre- { than had by the barons in the re | John, when re only appointed to fin their ieveral counties, a to draw up a lags I 1 hin emt detail of their grievances. Meanwhile the twenty-fous enact fome regulations, as a redrefs as were fuppofed to be fufficiently three feffions of parli- very year, in the months of February, June, and ‘Oftaber ; that a new high fhe- riff fhould be elected every year ae ee votes of the free= holders in each county *; that the theriffs fhould have no is who did not attend their courts, s; that no heirs fhould be thip of foreigners, and no caftles committed to the entrufted to > their Boge coe) that no new warrens or Suc ich were the regulations & Rymer, vol. i, p.\655. Chron. Dunft. vol, i p» 334. Knyghton, iM. Paris, p. 657, Addit. ey ea p. 140, Ann, which Bier a ae i, ne Se which the twenty for the redrefs of public ¢ Bur the earl of Leicetter vanced fo far to fati in this popular courfe, or ; 2 which they a. Sa aa him, immediately scasilien for the extenfion and continuance of their own exor- bitant authority. They rowzed anew’ the popular cla- inft foreigners; and mn Me ta ate . he king’s half-bro- o thers, who were fuppofed. to be the authors of all national grievances, and whom Henry-had no longer any power The four broth fenfible of their danger, took to flight, with an intention of making their efcape out of the king to prote 35 lom; they were eagerly purfued by the barons; Aymer, one of the brothers, who had been elected to the fee of W inshetler, took fhelter rip his epif- e others along with him; they copal palace, and carried t 1 were furrounded in that place, and eickatet to vo dragged out by force, and to be -anithed for. their crimes and mifdemeanors ; and the king, » Pile eading the facrednefs of an ecclefiaftical ean was glad: to extricate them from this danger by banifhing them the eee In this act of violence, as well as in the former ufurpations of the barons, the queen and her uncles were thought to have fecretly concurred; being jealous of the credit acquired > > J i by the brothers, which, the y P| - imagined, had eclipfed and annihilated their own. Bur the fubfequent proceedings of the twenty-four 1c City barons were fufficient to open the eyes of the kingdom, and to prove their intention of reducing for ever both the king and the people under the arbitr: ary power of a very natrow ariftocracy, which muft at laft ay terminated al tyranny, They pretended, that they had not as yet digefted all the segulations neceflary for the rcfoymatien of the fate, and = a for either in anarchy, or in a violent ufurpation az 185 © HA P, XIf. Same 1258. Ufurpations of the ba- rODS« er Pgole) HISTORY OF ENGLAND, CHAP. for the redrefs of grievances; and that they muft fill XII, { te retain their power, till that great purpofe was thoroughly 1258, effeGtuated : In other words, that they muft be perpetual governors, and muft continue to reform, till they were pleafed to abdicate their authority. They formed an affo- ciation among themfelves, and fwore that they would ftand by each other with their lives and fortunes : They difplaced all the chief officers of the crown, the jufticiary, the chancellor, the treafurer ; and advanced either them- felves or their own creatures in their ftead: Even the offices of the king’s houfehold were difpofed of at their pleafure: The government of all the caftles was put into hands in whom they found reafon to confide: And the whole power of the ftate being thus transferred to them, they ventured to impofe an oath ; by which all the fub- jects were obliged to fwear, under the penalty of being declared public enemies, that they would obey and exe- cute all the regulations, both known and unknown, of the twenty-four barons: And all this, for the greater glory of God, the honour of the church, the feryice of the king, and the advantage of the kingdom!. No one dared to withftand this tyrannical authority: Prince Ed- ward himfelf, the king’s eldeft fon, a youth of eighteen, who began to give indications of that great and manly fpirit, which appeared throughout the whole courfe of, his life, was, after making fome oppofition, conftrained to take that oath, which really depofed his father and his family from fovereign authority™. Earl Warrenne was the laft perfon in the kingdom, that could be brought to give the confederated barons this mark of fubmiffion. Bur the twenty-four barons, not content with the ufurpation of the royal power, introduced an innovation in the conftitution of parliament, which was of the ut- moft importance. They ordained, that that affembly 1 1 Chron, T. Wykes, p. 52. m Ann» Burt: po 423 fhould HE ON Re Y¥ II. fhould chufe a committee of twelve perions, who fhould, in the intervals of the feffions, poflefs the authority of the whole parliament, and fhould attend on a fummons motions. But fo the perfon of the king, in all powerful were thefe barons, that this rerulation was alfo fubmitted to; the whole government was overthrown or fixed on new esanaacions and the monarchy was totally fubverted, without its being poffible for the king to ftrike a fingle ftroke in defence of the conftitution againft the “newly erected oligarchy. THE report, that the king of the Romans intended to pay a vifit to England, gave alarm to the ruling barons, who dreaded left the Seon influence and eftablithe authority of that prince would bee mployed to reftore the prerogatives of his family, and overturn their. plan of government”. “hey fent over the bifhop of Worcefter, who met him at St. Omars; afked him, in the name of { the barons, the reafon of his journey, and how long he intended to ftay in England; and infifted, that, be- fore he entered the kingdom, he fhould fwear to obferve the regulations eftablifhed at Oxford. On Richard’s re- fufal to take this oath, they prepared to refift him as a public enemy; they fitted out:a fleet, aflembled an army, and exciting the inveterate prejudices of the people againft foreigners, from whom they had fuffered fo many oppreffions, fpread the report that Richard, attended bya number of ftrangers, meant to reftore | by force the authority of his exiled brothers, and to violate all the fecurities pro- vided for public liberty. Th king of the Romans was at laft obliged to fubmit to the terms required of him °. Bur the barons, in proportion to their continuance in power, began gradually. to lofe' that popularity, which had affifted them in obtaining it; and men repined, that © KM, Paris, p, 663, © Ibid. p, 661, 662, Chron, T, Wykes, regulations, 189 CHAP, XII. ee | 1258. 4 HISTORY OF ENGLAND, eftsblithed, for kely to become per~ ely the ancient conftitution, the power of the nobles, exert itfelf without con- unterpoife of the crown ; and by fome new edicts of the Ieulated to procure to them- Ces 7 hey appoint. d, that the circuits of nt juftces, the fole check on tl fhould be held onl y that a remedy, azaintt an Op- ury once in feven eturnec 2 > power, which was perpetual, woulc prove totally t and shee P, he 1€ oy becadts —_ in the Hes per that, though ecuired of him, ; had hitherto done nothing for the public good, and had only been careful to promore ther own private advante and to make inre | +} zs ee Poe | a a a wer his they gven appeaicd tO prince C sWard, and claimed iS on royal authority; and arity; @ interpofition for the interefts of the nation, and the res i on of the ernment’, The prince replied; Cc 5 t, though it was from conftraint, and contrary to his fentiments, he had fworn to maintain the provir ‘mined to obferve his oath : to as eteie. requiring them t@ undertaking to a fpeedy conclufian, and fulfil gagements to the public: Otherwifé, he menaced them, that, at the expence of his life, he would oblige Trivet, Ps 2094 § Anna, Burt, p. 427s then ae oN a ka 7) ¢ heir (Arr them to do their duty, the ee Y and fatisfying the . °o on *, y y fo preflir re a neceflity, publifh ed at laft a new code of ordinances for the reforma of the ftate*: But the expectations of ie people we tremely difappointed, when they found, that thefe fifted only of fome trivial alterations in the municip law; and ftill more, when the barons pretended, that the tafk was not yet finifhed, and that they muf Jong their authority, in order to bring the ormation to the defired period. ‘The current of popu- mene was now much turned to the fide of the crown; and the barons had little to rely on for their fupport, befides the private influence and power of their families, which, though exorbitant, was likely to prove inferior to the CoRnpieY on of king and people. Even this bafis of Jower was daily weakened by the sufies and ow animofities ; their ancient and 1 rate quarrels broke out when they came to fhare the fpoils of the crown $ and the'rivalfhip between the earls of Leicefter and Glo- eefter, the chief leaders among them, began to: disjoint the whole confederacy. The latter, more moderate in his pretenfions, was defirous of {topping or retard 19 the ne th eareer of the barons’ ufurpations ; but the former, enraged at the oppofition which Me met with in his own party pretended to. throw up all concern in En; he retired into France *. Tue kingdom of France, the only flate with which Eneland had any confiderable intercou t this time governed by Lewis IX. a prince of the moft fingu- y J 1 +82 lar character, that is to be met with in all the records of hiftory. ‘This monarch united, to the mean and fuperftition of a monk, all’ the coura Annal, Burt. P- 2%. ® Ibid. p 428, Daaft vol i, Pp, Ww 2) vould fhed- the laft dro p Ol Cc SSS A HISTORY OF ENGEAND. of the greateft hero; and, what may be deemed more U extraordinary, the juftice and integrity of the moft difin- terefted patriot, the mildnefs and humanity of the moft So far from taking advantage accomplifhed philofop! of the divifions among the Englifh, or attempting to expel thofe dangerous rivals from the provinces, which they ftill pofleffed in France ; he had entertained many feruples with regard to the fentence of attainder pronounced againft the king’s father, had even exprefled fome intention of reftoring the other provinces, and was only prevented from taking that imprudent refolution, by the united re- shoilirandes of his own barons, who reprefented the extreme danger of fuch a meafure ", and, what had a greater influence on Lewis, the juftice of punifhing by a legal fentence the barbarity and felony of John. Where- ever this prince interpofed ‘in fh affairs, it was al- ways with an intentiad of compofing the differences be- tween the king and Be eS ; he ' recommended to a ufed all his “eons with the cae of Leicefter, : native fubjet, to bend him to a compliance with He made a treaty with England, at a time J > } pa the diftraGtions of that kingdom were at the great- eft height, and when the king’s authority was totally annihilated ; and the terms, which he granted, might, €ven in a more profperous ftate of their affairs, be deemed ous to the Englifh. He yielded up fome territories which had been conquered from Poic- tou and Guienne; he enfu reafonable and advant: I. red the peaceable pofleffion of the latter province to Henry; he agreed to pay that prince a large fum of money ; ily y required that ke a final ceffion of Nor- the king fhould, in return, 6 mandy, and the other provin ich he could never , force of arms”. entertain any hopes of uM. oli, p, 675. M, Paris, p. 566. M. Weft, p, 371 £ Chron, This 1 PS ne SP giesy | 8 5 i9k This ceffion was ratified by Henry, by his two fons, and CH A P, two daughters, and by the king of the Romans and his three fons: Leicefter alone, either moved by a vain arro- gance, or defirous to ingratiate himfelf with the Englith populace, protefted againft the deed, and infifted on the right, however diftant, which might accrue to his confort*. th; Lewis faw in this obftinacy the unbounded ambition of the man; and as the barons infifted, that the money, due by treaty, fhould be at their difpofal, not at Henry’s, he alfo faw, and probably with regret, the low condition, to which this monarch, who had more erred from weak- nefs than from any bad intentions, was reduced by the turbulency of his own fubjects. But the fituation of He nry foon after wore a more favourable afpect. ‘The twenty-four barons had now en- joyed the fovereign power near three years; and had vilib] ye mploy ed it, not which was their firft pretence, but for the agerandize- ment of themfelves for the reformation of the ftate, and of their families. ‘The breach of truft was apparent to all the world: Every order of or men felt it and murmured acainft it: The difféntions among the barons themfelves, which encreafed the evil, made alfo the remedy more obvious and eafy: And the fecret defertion in particular of the earl of Glocefter to the crown, feemed to promife Henry any attempt to refume his a = et durft he not take that ftep, fo reconcilable both to juftice and policy, without making a previous 2 application to Rome, and defiting an abfolution { is oaths and rements’. THE pope was at that time much diffatished with the conduct of the barons; who, in ordert gain the favour of the people and clerey Italian ecclefiaftics, had confifcated the'r bent of England, had expelled all the * Chron, T, Wykes, p feemed XII, 1259. 92 HISTORY OF ENGLAND, g CHAP, fected determi i XiY. mY aL SHAS ge, = iit " lj thé Enelifi church, in which the rights of patronage, s liberties and privileges 2261 eee : were included; The ex- treme animofity of the Englifh clergy againft the Italians a f to this orde? ; and an i Wi ; them for farther liberty and independance on the civil power, was therefore lefs ce About the fame time, that ed the preroga- tives j in a fynod at and og led decrees, which were no lefs calc leir own grandeur at the expence of the crown. ‘They. pr reed; that it was unlawful to iif that the clergy were i} civil courts; that lay- confer ite benefices ; that Oo ] t farther enquiry, to imprifon all ommunicated perfons ; and that ancient \ ufage, without any particular grant or charter, w4s a fufficient autl j 1 poffeffions or privis About a century e claims would hay ported by the court of Rome beyond the moft amental articles of faith: They were the chief points maintained by the great martyr, Becket ; and his refolu fion in defending them had exalted. him. to the high {tation which he held in the cat: logue of Romith faints: But principles were changed with the times : The pope was become fomewhat jealous of the great independance of the Englifh church, which made them ftand lefs in need of his protection, and even emboldened them to ate refift his authority, and to co ompiae of the preference given to the Italian courtiers, whofe interefts,, it is natu- > were the chie ef F objed if his concern. ral to imagine He was ready therefore, on the king’s application, 10 mer, voli. p. 755 @ Ann, Burt, p. 389s annul AoE NR YY Ah annul thefe new conftitutions of the church of England >. And, at the fame time, he abfolved the king and all his — fubje€ts ftom the oath which they had taken to obferve the provifions of Oxford «, Prince Edward, whofe liberal mind, though in fuch early youth, had taught him the great prejudice, which his father had incurred, by his levity, inconftancy, and frequent breach of promife, refufed> for a long timé to take advantage of this abfolution ; and declared that the provifions of Oxford, how unreafonable foever in themfelves, and how much foever abufed by the barons, ought ftill to be adhered to by thofe who had fworn to obferve them‘: He himfelf had been conftrained by vio- lence to take that oath; yet was he determined to keep it. By this {crupulous fidelity, the prince acquired the confi- dence of all parties, and was afterwards enabled to re- cover fully the royal authority, and to perform fuch great actions both during his own reign and that of his father, THE fituation of England, during this period, as well as that of moft European kingdoms, was fomewhat pecu- har. There was no regular military force maintained in the nation: The fword, however, was n t, properly {peaking, in the hands of the people: The barons were fap] alone entrufted with the defence of the community ; and after any effort, which they made, cither againft their own prince, or againft foreigners, as the military retainers de- ted home, the armies were ditbanded. and ld parted home, the armies were difbanded, and could not {peedily be re-aflembled at pleafure. It was eafy there- fore, for a few barons, by a combination, to get the ftart rs Wr PAS fh Yds, BH BRE os UR eee é& fuddenly their troops, and to of the other party, to coll appear unexpectedly in the field with an army, which b Rymer, vol. i, pe 785. ¢ Rymer, vol. i. p. 722, p. 666. W. Reming, Pe §8c, Wpod. Neuf. p, : a M. Paris, p. 667. Vou. I, O their 468 793 CHAP, XI. nd 126%, Prince Ede ward, HISTORY OF ENGLE AN D. abo fee | ifts, though equal or even fuperior in power would not dare to encounter, Hence ‘thé ch often took place in thofe go- Hence the frequent victories obtained with- one faction over another: And henee it the prevalence of a party, was its long continuance in power. and ges avy he received the pope’s abfolution ied with menaces of excommu- I] opponents, trufting to the counte- ainf aul he church, to the fupport promifed him by to the returning favour After juf- ‘oclamation, in which he fet ate +t ‘ ott. the mz , and he breach of truft, con- us in te icefter and his affociates, he declared, that famed the government, and was determined snceforth to exert the royal authority for the protection Defpentfer and Nicholas de , the chancellor ap- pointed by the barons ; Raffet and Walter de Merton in their place. 1 new fheriffs in k : ore ‘ r all the counties, men of character and reputation: He He changed fummoned a parlia- his authority was rati- fied, with only five cee voices: And the barons, after making one fruit effort, to take the king by fur : § °) prize. at Winchefter, were ced’ to acquiefce in thofe se€tion to his to cut off every o all the differences between him a i sn 1 1. PE. Wykes, p Bosky N. R-~ Y Tif, and. the earl of Leicefter; to Margaret queen of Fran ea mighty influence ‘Lhe celebrated integrity of Lewis gi to any decifion which iffued from his court; and Henry probably hoped, that the gallantry, on v hich all barons, as true knights, valued. themfelves; would : afhamed not to fubmit to the award. of sah Lewis merited the confidence repofed in him, mirable conduct, probably as political nually interpofed his good offices to allay the of the Englith: He forwarded all he might give fecurity to both parties: And ftill endea- voured, though in vain, to footh. by perfuafion the fierce ambition of the earl of Leicefter, and to convince him how much it was his duty to fubmit peaceably to the aus thority of his fovereign. THAT. bold and artful confpirator was nowi e difcou- raged by the bad fuccefs of his paft enter d at} rival in power, and who, before his pes had sed the royal party, feemed to open a new. field to his vio- lence, and to expofe the throne to frefh infults and in- juries. It was in vain, that the king profefled his inten- tions of obferving ftri€tly the great charter, even of main- taining all the ions made by the. ref at Oxford or afterwards, except thofe w hihilated the royal authority : Thefe powerful chieftains 4 J i 5 now obnox to the court, could not peaceably refign the hopes of entire plepeneaace and uncontrouled power, with which they had 4 Ves, and W 1264, had fo lone enjoy ed. aa of them engaged in Leicef- civi ter’s views, and among the reft, C i of Glocefter, who brought ngeciees power, from the extenfive authority poflefled by tha f Rymer, vol. i. p. 724 ENGLAND. king of the Romans, though a prince of } : | omonly called he barons againft the Leicefter himfelf, formed fecretly the links of slanned the whole fcheme of J princes of Wales, notwithftanding the great on and Norman 2) BA EAAS Oe eo ee Reel HOt OF powel of the monarchs, botmn Oo line, fill preferved authority in their own country. Thor . 1 to the crown of England, they were with difficulty re- h they had often been conftrained to pay tribute bordination or even in peace; and almoft nee the , hrough every reign iince th pi Fie Ee se witn iuch petty 1 den inroads, as feldon in a general hiftory. The Englifh, elling their ite oe a chacino them back. into. their m ak Invalions, ana Chachi) them back.into their mountains, obtained over them, ner had. never purfued the ac and moft active prin- been < “4 ren under their preatei sr fo much as a feudal fubjechion on the country. This re was referved to the prefent n the year 12373 : a Lev years and broken wit vith the rebel- lion and uindutiful behaviour of his fon, Gril courfe to on of Henr d « 1 1 age el LUDICE 1 ¥, WHICH Had 10 Loi T : toon le 1a! age v0 ee H | ts 5 laied i¢curicy 4 tranquil lity on thefe difnonourable terms. Hrs eldeft fon and weir, ivavid, renewed tne homace 10 Legian 5 and nav- ing taken his broth riion del d him into Hen- 1} jafids, who conrmittca him to Cculrody in me Power: 7 t } 1 his i Na ri to maxe i eicaps, loit his life HOE N Ro YS an 197 life in the attempt 3; and the prince of Wales, freed from the apprehenfions of fo dangerous arival, paid thencefort > lefs regard to the Englifh monarch, and even renewec thofe incurfions, by which the Welth, during fo many ages, had been accuftomed to infeft the Englith borders. Lewellyn, however, the fon of Griffin, who fucceéded to his uncle, had been obliged to renew the homage, which was now claimed by England as an eftablifhed right ; but he was well pleafed to inflame thofe civil which he refted his prefent fecurity, and hopes cf future independance. He entered deracy with the earl of Leicefter, and colleGting all the 1d swith an army force of his principality, invaded Enol of 30,000 men. He ravaged the lands ef Ro timer aad of all the barons, whe adhered to the crowns; he marched into Chefhire, and committed like dc preda- tions on prince Edward’s territories ; e1 ty place, where his diforderly troops ap 1 and fword ; and though Mortin foldier, made ftout refiftauce, it was found neceflary, that the prince himfelf fhould head the army acainf this in- obiiced vader. Edward repulfed prince Lewellyn, him to take fhelter in the-mountains of North Wales: acaink a0aliit the enemy, by the diforders, which {oon after broke out But he was prevented from making farther proercf. rland. in En THE Welhh inv: 3 the ap fienal for th malcontent barons to rife in arms : scicefter coming over fecretly from France, collected party, and comme: ve Yo a 4COMmme} ? a sigs ene . 3 ; fon of the bithop of Hereford ; 2 prelate obnoxious to. all z > t the:inferior clergy, on account of his devoted attachment to the court of Rome‘. Simon, bifhop of Norwich, and & Chron. Dun, vol, i, Ps 3545 bh Trivet, p.2tr. M. Wet. P 38a. 39%. C} 3 John D. hI; fh he + } becaufe the y had 1 publifhed the pope’s bull d 2 bfol m their oaths to ob- er made prifoners, ‘and s demefnes he kine’ ; and as it was Lei of the party. ume ounded fuir T to allure to his fide, by the hopes of plun- and, he gave them far loi cne diforderly ms of the oppofite id even all neutral perfons. But one of the prin- rc ion was the populace of the cities, had, by his hypoeriti- zeal againft Rome, {tics in his party, his -n became wncon- mayor of London, 4 icentious men, gave the countenance of au- thofe diforders in the capital ; and having de- > fubftantial citizens, he loofened all bands of vernment, by which that turbulent city was Cc 1ined. On the approach of er, the zeal ition, the appetite for plunder, is often as pre Falnés with the populace as either LiVOs, ves, the pleafure: of committing havoc and srompted them to attack’ the unhappy Jews, ized without refiftance, then maflacred, ed perfons*, The Lombard re next expofed to the rage of the people; and to the number of five hur stuary in the churches, they efcaped and goods became a prey licentious multitude. Even the houfes of the rich lifh, were attacked by night; and way was made by fword and 1 by fire to the pillage of their @ - & citizens, though Eng n - their perfons. The ed by the Tower, was goods, and often ‘to the deft lL rf am | fi. en, who, thouch fhe w 5 Frivet, p. 211s M. Welt. pe 382. & Chron, T, Wykes, p- 59+ terrified Ma. Roy iii. 199 terrified by the neighbourhood of J motions, refolved to go by water to the cattle of Windfor; _- _» but as fhe approached the bridge againft her: The:cry ran, abufing her with the moft opprobrious-lang ing her withrotten eggs and dirt, they had pre 2S {tones to fink her barge, when fhe fhould attempt to fhoot the, bridge; and. fhe was fo frightened that fhe re turned to the Tower ! TuHe-violence and fury of Leicefter’s faction had rifen to fuch a‘height in all parts of England, that the ki ¥ unable to refift their power, was obliged to fet on foot a treaty of peace; and to.make an accommodation with the ba to confirm. anew the provifions of Oxford, even th« 18th July . ons on the moft am advantageous terms™. He agreed which entirely anni cial the royal authority ;. and ain. re-inftated barons were in the fovereionty of 1 kingdom. ‘They reftored Hugh le Defpenfer to the of.- fice of -hi own. crea- i juiticiary ; they appointed theiz tures fheriffs in every county of England; they took pof- feffion of all the royal caftles and fortrefles; they even named all the officers of the king’s houfhold ; and they fummoned a parliament to meet at Weftminfter in order r4thO€@, to fettle more fully their plan of government. ‘They here produced a new lift of twenty-four barons, to whom they ion fhould be entirely com- propofed, that the adminifti mitted ; and they infifted, that.the authority of this junto fhould continue,. not only during the reign of the king, y ut alfo during but alfo during THis prince, the life and foul of the royal party, had that of prince Edward, unhappily, before the king’s accommodation with the ba- rons, been. taken prifoner by Leicefter in a parley a Windfor®; and. that misfortune, more than any other 1 Chron. T, Wykes, p, 57+ m Chron, Dunft. vol, i. p. 358. Trivet, p. 211, n M. Paris, p, 669. Trivet, p. 213+ O4 incident, _ 200 XII, 1263. Reference to the king of France, CoH AP: ee ee HISTORY OF ENGLAND. incident, had determined Henry to fubmit to the ignomt- nious conditions impofed upon him, But Edward, hav- ing recovered his liberty by the treaty, employed his activity in defending the prerogatives of his family ; and he gained a great party even among thofe who had at firft adhered to the caufe ef the barons. His coufin, Henry d@’Allmaine, Roger Bigod earl marefhal, earl Warrenne, Humphrey Bohun earl of Hereford, John lord Baflet, Ralph Baffet, Hamon l’Eftrange, Roger Mortimer, Henry Piercy, Robert de Brus, Roger de Leyborne, with almoft all the Lords Marchers, as they were called, on the borders of Wales and Scotland, the moft warlike parts of the kingdom, declared in favour of the royal caufe; and rhich were fcarcely well compofed, were again renewed every part of England. But the near balance of the parties, joined to the univerfal clamour of the peo- ple, obliged the king and barons to open anew the nego- reed by both fides to fub- mit the differences entirely to the arbitration of the king tiations for peace; and it was < of France ° Tus virtuous prince, the only man, who, in like circumftances, could fafely have been intrufted with fuch an authority by a neighbouring nation, had never ceafed to interpofe his good offices between the Englifh s; and had even, during the fhort interval of peace, invited over to Paris both the king and the earl of Leicefter, in order to accommodate the differences be- tween them; but found, that the fears and animofities on both fides, as well as the ambition of Leicefter, wete fo violent, as to render all’ his endeavours ineffectual. But when this folemn appeal, ratified by the oaths and fubfcriptions of the leaders in both factions, was made to his judgment, he was not difcouraged from purfuing his e M. Paris, p. 668. Chron, T, Wykes, ps 58. W. Heming. pe 58a Chron. Dun, vol. i, ps 363 honourable Hike N ROY) OT. 202 honourable purpofe: He fummoned the ftates of France C H A P at Amiens; and there, in the prefence of that aflembly, Be: ~~ as well as in that of the king of England and Peter de 1764+ Montfort, Leicefter’s fon, he brought this great caufe to a trial and examination. It appeared to him, that the provifions of Oxford, even had they not been extorted by force, had they not been fo exorbitant in their nature and fubverfive of the ancient conftitution, were exprefsly efta- blifhed as a temporary expedient, and could not, without breach of truft, be rendered perpetual by the barons. He therefore annulled thefe provifions ; reftored to the king 234 J on of his caftles, and the power of nomination the pofiedh i to the great offices ; allowed him to r in what foreign= ers he pleafed i in-his kingdom, and even to confer on them ] the royal power in the fame condition on which it ftood places of truft and dignity ; and in a word, re-eftablifhed before the meeting of the Bablanitnt 2 at Oxford. But while he thus fupprefled dangerous innovations, and pre- ferved unimpaired the prerogatives of the Engli fh crown, he was not ne; gent of the rights of the people ; and be- fides ordering that a general amnefty fhould be granted for all ete offences, he declared, that his award was not any wife meant to derogate from the’privileges and liber- ties which the nation enjoyed by any former conceffions or charters of the crown P. ‘THis equitable fentence was no fooner known in E land, than Leicefter and his confederates determined to reject it, and to have recourfe to arms, in order to pro- cure to themfelves more fafe and advantageous condi- tions from the king 9. Without regard to his oat! fubfcriptions, that enterprizing confpirator dire< two fons, Richard and Peter de Montfort, in con june with Robert de Ferrars, earl of Derby, to attack the city P Rymer, vol. i, p, 776,777, &c. Chron. T. Wykes, p, 58. Ki Be 2446, q Chron. Dunit, vol, i, p 363, Oo EU iat ) XI A P. of Worcefter; while Henry < HISTORY TOF ENG HAND: 1 Simon de Montfort, we rs of his fons, affifted by t the j prince fof Wales,- were of. Roger de Morti- sloying ‘as ordered to Jay waite the mer. -He himfelf mayor, who hority,, he itation, com par $3 com- mitted te on ‘the ro rive them greater oS an aflociation was entered countenance in their d great barons, never to into between the c ity and ak 10fe who fwore to main- ls of Leicefter, Glocefter Jeipenier, the chie 17 1 ig ei Dae 9 ae and Derby, with le juiticiary ; men who had all previoufly fworn to fubmit to the award of ch monarch. Their only pretence for this breach of faith, was, that the latter part of Lewis’s fentence was, as they affirmed, a contradiction to the former: He rati- 1 the charter of liberties, yet annulled the provifions of Oxford; which were only calculated, as they maintained, to preferve that charter ; and without which, in their efli- mation, they had no fecurity for its obfervance. Tue king and prince, finding a ciyil war inevitable, prepared themfelves for defence ; and. fummoning the mi- litary vaflals from all quarters, and being reinforced by Baliol lord of Galloway, Brus lord of Annandale, Henry co omyn', and other barons of he north, iercy, John ay, formidable as well from its num- 7 prowefs and experience. The firlt yyalifts was the attack of Northampton; which was defended by Simon de.Montfort, with many Xymer, voli, p.772~ My Wet. p. 385. Ypod,1 a ee Re eo 2 v2] ne NS fe] we 3 i SEE Be cee ee ee ee ee ale >, made in the walls by Philip Bafiet, the place was carried C HAS | } } } ae Or “Ant ye varr It, and both the governor and the i by a v ON, ENE qygel pean marched the made prifoners. The roya J Kyat A SRE SS el th wricn places naving openea Bows ad hy ter and Nottinsham ; f d with a their gates to them, prince Edward proc = ? . detachment into the county of Derby, in order to r c =) with fire and fword the lands of the earl of that name, and take revenge on him for his dif Like maxims of g war prevailed with both pa the kingdom was thus expol vaftation, from the animofities o ral barons, than it would have fuffered from many. years of fore domeftic hoftilities, conducted by more hu generous principles, Tue earl of Leicefter, mafter of London, counties in the fouth-eaft of England, formed ] ~ . 7 J 1 teen LT) Se of Rochefter, which alone declared for the kin; parts, and which, befides earl Warrenne, the governor, was garrifoned by many noble and powerful barons of the royal party. The king and prince haftened from Not- tingham, where they were then quartered, to the relief of the place; and on their approach, Leicefter raifed the fiese and retreated to London, which, being the center of his power, he was afraid, might, in his abfence, fall into the king’s hands, either by force, or by a corre- fpondence with the principal citizens, who. were all fecretly inclined to the royal caufe. Reinforced by a great body of Londoners, and having fummoned his par- tizans from all quarters, he thought himfelf {trong enough to hazard a general battle with the royalifts, and to:deter- mine the fate of the nation in one great engagement; which, if it: proved fuccefsful, muft be decifive againft the king, who-had no retreat for his broken troops ‘in thofe parts ; while Leicefter himfelf, in cafe of any: fini- fter accident, could eafily take fhelter in the city.. To give the better colouring to his caufe, he previoufly fent an4 oe cH AP, x}. ed 1264. Battle of Lewes. xgth May. TF, HISTORY OF ENGLAND. a meflage with conditions of peace to Henry, fubmiffive in the language, but exorbitant in the demands*; and when the meflenger returned with the lie and defiance from the king, the prince, and the king of the Romans, he fent a new ie renouncing, in the name of him- felf and of the affociated barons, all fealty and allegiance to Henry. He dag Pipe out of the city with his army, divided into four bodies: The firft commanded by his two fons, Henry and Guy de Montfort, topeline with Humphrey de Bohun, earl of Hereford, who had deferted to the barons; the fecond led by the earl of Glocefter, with William de Montchefney and John Fitz John; the third, compofed of Londoners } “ed rT? t 1 1 command of Nicholas de grave ; the fourth headed by himfelf in perion. The bifhop of Chichefter gave a ge- neral abfolution to the army, accompanied with affur- ances, that, if any of them fell in the enfuing action, they would infallibly be received into heaven, as the re- ward of their {uffering in fo meritorious a caufe. LricEsTeR, who poflefled reat talents for war, con- ducted his march with fuch fkill and fecrecy, that he had well nigh furprized the royalifts in their quarters at Lewes in Suffex : But the vi foon repaired this negligence; and he led out the king’s army to the field in three bodies. He himfelf condudéted the .ce and activity of prince Edward van, attended 2 hes Warrenne and ‘William de Valence: led by the king of the Ro- ‘The main bocy was comm: mans and his fon aig The king himfelf was placed in the rear at the head of his principal nobility. Prince Edward rufhed upon the Londoners, who had demanded ] the poft of honour in leading the rebel army, but who, from their ignorance of eee and want tof pene were il fitted to refift the gentry and military men,. of whom the prince’s bedy was compofed.: ‘T They were broken in 2n 8 M, Paris, p, 669. W. Heming. p. 8 2 7 o' rt ov ot inftant 5 inftant; were chafed off the field; and Edward, tranf-C ported by his martial ardour, and eager to revenge the ; infolence of the Londoners againft his sag t, put them to the fword for the length of four miles, without giving them any quarter, and without reflediing on the fate, which in the mean time attended the rft of the army. The earl of Leicefter feeing the royalifts hrown into con- fufion by their eagernefs in 1 purfuit of plunder, led on his remaining troops againft the bodies commanded by the two royal brothers: He defeated with great flaughter the forces headed by the king of the Romans ; and that mo- narch was obliged to yield himfelf priforer to the earl of Glocefter: He penetrated to the body, where the king a himfelf was placed, threw it into diforder, purfued his ad- vantage, chafed it into the town of Lewes, and obliged Henry to furrender himfelf prifoner ¥. Prince Edward, returning to the field of battle from his precipitate purfuit of the Le ] 2 oe a idoners, was aftonifhed to find it covered with the dead bodies of his friends, and ftill more to hear, that his father and uncle were defeated and taken hse at Arundel, Comyn; Brus, Ha mon |’Eftrang Leybourne, and all the.confi- ene my. . 1a | am fl e \ aience, itt immediate] 7 took to ficht mn < amidft the greateft di the death of their and to {natch an eafy con Mle Lei Cry. airaid OF a inG- . i \ ; * W. Heming. p. $83 4 H.R a4 $7 s iA Wyk 7 HISTOR YY OF ENGLAND: ce, amufed him by 4 le to recal his ti 1 to bring them into order ¥. There oops now a 1 nod r refource to the royal party ; furs rounded. by the armies and garrifons of the enemy, des ftitute of forage and provifions, and deprived of their fovel as well as of their principal leaders, who could alone infpirit them t The prince; theref ubmit to Leicefter’s terms; which were fhort ly to the fuddennefs He ftipulated, that he and pre ns one and neceinty Henry d’Alimz furrender themfelves prifoners as pledges in lieu of the two kings; that all other prifoners h fides fhould be releafed 2; and that in order to fettle fully the terms of agreement, application fhould be made to the kine of France, that he fhould name fix be - > Frenchmen, three prelates, and three noblemen: ‘Thefe fix to chufe two others of their own country : And thefe 1 wo to chufe one Englifhman, who, in conjundtion with mfelves, were to be invefted by both parties with full culations they thought proper for ryt lhe prince and young powers fc the fettlement of delivered themfelves into Leicefter’s ogee f i hands, who fent them under a guard’ to Dover caitle. of ¢ ot rreement, commonly called the Mife of Lewes, from an obfolete French term of that meaning: For it appears, that all the gentry and nobi- i 1 . 1: reih land, who valued themfelves on their Normaf extraction, and who difdained the language of their native country, made familiar ufe of the French tongue, till this v J nd for fome time after, Leicesrer had no fooner obtained this great advan > whole royal family in his power, than ¥ We -eaitne se “20% 2 MM. Patt ‘ yY W. Heming + 584 2M, $ p. 67%, :.He obferydd the fame partial conduét in the delivery of the captives, and even threw many of the royalifts into prifon, befidesthofe who were taken in the battle of Lewes: He carried the king from place to place, and obliged all the royal caftles, on pretence of Henry’s commands, ‘to receive a governor and garrifon of his own appointment: All the officers:of the crown and of the houfehold were named by him; and the whole authority, as well as arms of the ftate, was lodged in his hands :- He inftituted in the counties anew:kind of magiftracy, endowed with new» and arbitrary. powers, that of confervators of the peace <; His avarice -ap- peared barefaced, and might induce us .to, queftion the greatnefs of his ambition, at leaft the largenefs of his mind, if we had not reafon to think, that he intended. to — his acquifi tions as the inftruments for. attaining greadeur, He feiz a lefs than eighteen barons, as his fhare of the fporl gained rther power a ed the eftates. of no in the battle of Lewes: himfelf the ran- fom of all the prifoners; and, told his arons, with a ‘ F wanton infolence, that it was fufficient for them, that he had faved them by that m the fosters and attainders which hui He even treated the earl of Glocefter in t 1s manner, and appli- ed to his own ufe the king of the Ros mans, ttle had yielded himfelf pri- m | f 2 Rymer, vol. i. p. 790, 79%, &c. b Brady’s appeals, N° arr, 242. Chron, T. W; kes, p, 63, vol, ie 3 a Ky Po 245 foner Xi, en etenened i 1264, 2035 HISTORY:-OF ENGLAND. CHAP. foner to that nobleman. Henry, his eldeft fon, maded ALi. A » monopoly. of all the wool in the kingdom, the only 3264, valuable commodity for foreign markets which it at that time produced +. The inhabitants, of the cinque-ports, during the prefent diffolution of government, - betook themfelves to the moft licentious piracy, preyed on the fhips of all nations, threw the mariners into the fea, and ifhed all merchants from ‘the by thefe practices foon banif Enelifh coafts and ha rofe to an exorbitant. price; and woollen cloth, which 7 ours Every foreign commodity the Englifh had not then the art of dying; «was worn by them white, and without rece the laft hand of ‘the manufacturer. » In anfwer to the complaints which arofe on this occafion, Leicefter replied, that the kinedom > > z could’ well enough fubfift within itfelf, and needed no intercourfe with foreigners. . And it was found, that he even combined with the pyrates of the cinque-ports, and received as his fhare the third of their prizes ‘ No farther mention was made of the reference to the king of France, fo eflential an article in the agreement of Lewes ; and Leicefter fummoned a parlia ment, compofed altogether of his own partizans, in order to rivet, by their authority, that power, which he had acquired by fo f much violence, and which he ufed with fo much ts and injuftice. An ordinance was there pafled, to which the king’s confent had been previoufly extorted, every act of royal power fho é Cxeci of nine perfons, who were to be chofen and remoi the majority of three, Leicefter himfelf cefter, and the bifhop of Chichefter ¢. plan of government, the feepter was rea cefter’s hands ; as he had the entire dire@ of Chichefter, and there r commanded all the reioluth e Chron. T, Wykes, p. 65. f [bid ¢ Rym«r, yok, te P. 793. Brady’s App. No 213. ‘bie ae POLE SL AE Se See = PERSE IN ake oy IJ 209 of the council of three, who could appoint or difcard atC HA P. pleafure every member of the fupreme council. Bur it was imp poffible thet things could long remaiti ejcette - ejther t in this ftrange choved Leicefter defcend with ank of a fubje&, or to mount up with no lefs into shat ae fovereign ; and his am- bition, unreftrained either by fear or by principle, gave too much reafon to Athen him of the latter intention; - Mear ofed to anxiety from every quarter: and J tems while, he was felt that the fmallct incident was capable of overturning that immenfe and ill-cemented’ fa bric, which he had reared. The queen; whom her hufband had le had colleéted in oes parts an army of defperate adven+ turers, and had affembled a great number of th ft t abr oad, 8, with a view of invading the ichawdoras and of bringing relief to her unfortunate far mily. Lewis, detefting tf) reer s ufur- pations and perjuries, and di ifguited at the E Englith barons; who had refufed to fubmit to his awa ard; fecretly favoured all her enterprizes, and was — believed to be mak- ing preparations for the fame purpofe.’ An Englith army, by the pretended aut! hority of the ¢: aptive king, was aflem- bled on the fea-coatt to oppofe this proj Sted invafion * but Leicefter owed his fecurit ty more to crofs winds, which long detained and at laft difperfed and ruined the queen’s fleet, than to any refiftance Fer in their prefent fitu- ation, could have been expetted frotn LeicestTer found him{ elt ritual thunders, which wete pope, ftill adhering to the king difpatched cardinal Guide with orders to excommunicate by name the three earls, Leicefter, Glocefter, and Norfolk, and all others in ge- néral, who dtGiired in the cppfeffi h Brady's App XII, fe ons, sonoma 1264. —s “RS a Guido -{ter, London, rdom ; ; yg 5 Ke. who had been tient oi a negoti- ty of ecclefia- + 7 ] n, und nd, and to rainft the barons: . Vi he prelates arrived afi, they were boarded by the pyratical mariners probably they gave a hint { of the cinque-ports, to wh« Be as Ae ee Pe ea RG 6) which th brougnt aong with them: ine > bull was torn-and thrown, into. the fea; which furnithed with. a) plaufible excufe. for not obeying legate. Le icel ter appealed from Guido the artful. prel the oraers.c od a ore the ambafladors, ap- saufe, could reach Rome,) the pope leeate himfelf, from whom ih they had appealed, i name of Urban IV.:... That daring leader was no wife dif and as he found that a great land was founded on his op- as now become odious, he 11 he maye ed with ‘this ev oe hy pal t ol his; populaa cr pofition to rin which -v perfifted with the more obftinacy in the profecution of his meafures. +} fe 7a a4 he micht bot me Ser ee ¥, adv: tace HAT ne might pot Ci e, ana turn To ac vantage his popularity, Leicefter fummoned a new parliament in power was uncontrolable Tr 1 1 London, where, CRESS ee y = bafis embly on a more democratical batis, r been Greareame fince the founda- tion of the nee Befides the barons of his own party, | t and feveral ecclefiaftics, who were not immediate tenants Houfe of of the crown; he ordered returns to be made of twa a ** knights from every fhire, and what is more remarkable, suties from the & — . 7 ‘bat Ale Yn cree ee .? ie a1 2 a . Ae NRO YY oR 211 in former ages had always been regarded as too mean to C ee “3 = : 2 XII. ¢ enjoy a place in the national councils *. This period is _» commonly efteemed the epoch of the houfe of commons 12 5s in En rians {peak of any reprefentatives {ent to parliament by nd ;\\and it is certainly the firft time, that hifto- the boroughs. In all the general accounts ren in pre~ ceding times of thofe affen iblies, the prelates and barons only are mentioned as the conftituent members ; and even in the moft particular narratives delivered of | amentary tranfactions, as in the trial of Thomas a B 3ecket, where the events of each day, and almoft of each hour, are carefully recorded by contempor ary authors !, there is not, throughout the whole, the leaft appearance of a houfe of commons. But tl though that houfe derived its exiftence from fo precarious and even fo invidious an origin as Lei- cefter’s ufurpation, it foon proved, when fummoned by the legal princes, one of the moft ufef and, in pro- cefs of time, one of the moft powerful members of the national conftitution ; and gradually refcued the kit dom from ariftocratical as well as from regal tyranny. But Leicefter’s policy, if we muft afcribe to him fo great a blefling, o1 ily forwarded I by fome years an inftitution, for which the general ftate of things had alrea ady prepared o ion; and it is otherwife inconceivable, that a plant, fet by fo ina wufpicious a hand, could haye e attained to fo Vigorous a growth, and have flourithed in the midft of fuch tempefts and convulfions. ne feudal fyftem, with which the liberty, much more the power of the commons, was totally incompatible, began gradually to decline ; and both the king and the commonalty, who felt its inconveniencies, contributed to favour this new power, which was more fu > than the barons to the and at the fame time soular authority ty of the cr q s hriferior o¥dere-oC 4he ais I © mierioy orders of the ftate. er, vol, i, p. 802, 1 Fitz Stephen, Hitt, Quadrip, P-2 LEICESTER, 212 CHAP XI. HISTORY OF ENGLAND. Leicester, having thus affembled a parliament of his attachment of the popu- La own model, and trufting to the atte 1265, lace of London, feized the opportunity of crufhing his rivals among the powerful barons. Robert de Petite earl of Derby, was accufed in the king’s name, feized, and committed to cuftody, without being brought to any legal trial ™. John Gifford, menaced with the fame fate, fled from London, and took fhelter in the borders of Wales. Even the earl of Glocefter, whofe power and ‘nfluence had fo much contributed to the fuccefs of the barons, but who was of late extremely difgufted with Leicefter’s sad ciian conduct, found fie in danger from the prevailing authority of his ancient confederate ; and he retired from parliament*. “This known diffenfion gave courage to all Leicefter’s enemies and. to the king’s friends ; who were now fure of proteétion from fo potent a leader. Though Roger Mortimer, Hamon L’Eftrange, and other powerful marchers of Wales, had been obliged to leave the kingdom, their au thority ftill remained over the territories fubjeéted to their jurifdiction ; and there were many others who were difpofed to give difturbance to the new government. The animofities, infeparable from the feudal al ariftocracy, broke out with frefh violence, and threatened te i a with new convulfions and diforders. Tue earl of Leicester, furrounded with thefe diffi- culties, embraced a meafure, from which he hoped to réap fome prefent adv but which proved in the end the fource of all e calamities. ‘The active | and intre guifhed in prifon ever fince the fatal battle of Lewes ; and as he was extremely fe a general defire of Leicefter Aanding, at ane oe (= at pee pee red popular in the kingdom, m Chron. T. Wykes, p.66. Ann, Wayerl. p. 216. nM, Pa tis, pe 671, Ann, Waverl: p. ar6, © Knyghton, p. 245% that H EN RY / 11. 213 that he could with difficulty oppofe the concurring wifhes € ar P, of the nation, ftipulated with the prince, that, in return, ee he fhould order his adherents to deliver up tothe barons, 1265: all their caftles, particularly thofe on the borders of Wales ; and fhould {wear neither to depart the kingdom dur- ing three years, nor introduce into it any foreign forces?, The king took an oath to the fame effeét, and he alfa pafled a charter, in which he confirmed the agreement or Mife of Lewes; and even permitted his fubjects to rife in arms againft him, if he fhould ever attempt to in- fringe it 9. So little care did Leicefter take, thou: gh he conftantly made ufe of the authority of this captive prince, to preferve to him any appearance of royalty or kingly prerogatives ! In confequence of this treaty, prince Edward was brought into Weftminfter-hall, and was declared free by rth March. the barons: But inftead of really recovering his liberty, as he had vainly expected, he found, that the whole tranfaction was a fraud on the part of Leicefter * that he himfelf till continued a prifoner at large, and was guarded by the emiffaries of that nobleman; and that, while the faction reaped all the benefit from the perfor- mance of his part of the treaty, care was taken that he fhould enjoy no advantage by it. As Glocefter, on his rupture with the barons, had retired for afety to his eftates on the borders of Wales; Leicefter followed him with an army to Hereford ', continued fill to menace and: negotiate, and that he might add authority to his caufe, he carried both the king and prince along with him. The earl of Glocefter here concerted with young Edward the manner of that prince’s efcape. He found means to convey to him a horfe of extraordinary fwift- nefs ; and appointed Roger Mortimer, who had returned P Ann. Waverl, p. 216, 4 Blackifton’s Mag, Charta, Chron. Dunft, vol. i. p. 378, * Chron, T. Wykes, p. 67. Ann, Waverl, peat8. W, Heming, p, 585. Chron. Duaft, vol. iy p. 383, 334. be into = HISTORY OF ENGLAND. P.into the kingdom, to be ready at hand with a fmall party to receive the ee ice, and 1 him to a place of faiet Edward pretended to take the air with fome of Leicefter’s retinue, who were his guards; and making matcl their h , after, he thougat he had tired and blown them fuficiently, he fuddenly mounted Glocefter’s horfe, and called to his attendants, that he joyed the pleafure of their company, now bid them adieu.- They followed him for fome ng able to overtake him ; and the ap- with his company put an end to ts, fecretly pre Rae for this event, imme- ¢} ul 1¢ joy of this gallant prince’s St which the nation la- boured, the expectation of a new fcene of affairs, and ee ae pa deliverance, of the earl of Glocefter, procured Ed- ward an ari ch Leicefter was utterly unable to 1 withftand. This nobleman found himfelf in a remote quarter of the kingdom; furrounded by his enemies ; barred. of all communication with his friends by the Se. verne, whofe bridges Edward had broken down; and ght the caufe of his party under thefe multi, obliged to fi plied difadvantas In this Ae ac he wrote to his fon, Simon de Montfort, to haften from London with an.army for his relief ; and Simon had advanced to Kenil- worth with that view, where, fancying that all Edward’s force and. attention were directed againft his father, he Jay fecure and unguarded. But the prince, making a {udden and forced march, furprized him in his camp, i army, and took the earl of Oxford, and many other noblemen prifoners, almoft without refiftance. Leiceiter, ignorant of his fon’s fate, pafled the Severne ts during Edward’s abfence, and lay at Evefham, im expectation of being every hour joined by his friends from London: When'the prince, who availed himfelf of every wm are In pod every favourable moment, appeared in the field before him. ' Edward made a body of his troops advance from the road which led to Kenilworth, and ordered them to carry’ the banners taken from Simon’s army; while heg ) y himifelf, making a circuit with the reft of his ‘forces, * propofed to attack the enemy on the other quarter.:~ Lei-« cefter was long deceived by this ftratagem, and took one divifion of Edward’s army for his friends; but at laft, perceiv mifi , and obfer rreat fuperio- OT oS 355 he exclaim- rity and excellent difpofition of the ed, that they had learned ding « our bodies are the princ by living in the mountains of Wales without bread, r the which was not then much ufed amon: tS a enadeen ya ficknefs and defertion had been ‘extremely : : : ees and was foon broken by the victorious roy: ER eavee. 5 aay 1 Aline a Sd 2 his Welth allies, accuftomed only to a defultory kind of r took to fl ht, and were purfued si ereat flauehter. Leicefter himf afk F © o n the heat of the ation, witl haa at ames ugh le Defpenfer, and about one hundred and o. = an fixty knights, and many other gentleme the front of the battl: 3 al l beine clad in s, he received a wound ? thereby not known‘ by his and ‘was in’ danger of his life: But crying out, J am Henry. of Winche; in a place of fafety by his fon, who flew to his reféue. " uy Bine he rae tayved. nd nut Py your King, Ne Was lavea; and put THE violence, ingratitude, tyranny, rapacity and trea- of chery of the earl of Leic oive a very-bad ide: we) his moral chara@ ke--us regard his death as the moft happy event, which; in this conjun have happened to the Englifh nation: ~Yet muft we P 4 allow 4 216 @ HH ArP; I XH. Settlement of the go- verament. HIS TOR ¥ OF .ENGEAND allow the man t 2 poffeffed great abilities, and the aps t virtues, who, though a ftranger, could; were the moft odious, and the have acquired fo extenfive an paved his way to the throne acity, and his eminent: He poffefled the political craft, were talents both of governing men and conducting bufinefs: was boundlefs, it feems neither nor his genius; and he or m > reas FR = i} a the low populace, as well o ‘ zi barons, co-operate towards the fuccels as the haughty of his felfifh and dangerous purpofes. A prince of greater oe oe nd — 1 a an Henry might have direéted the either to the exaltation: of his throne, or to the good of his. people: But the advantages k and variable adminiftra- given to Leicefter, by the we tion of the king, brought on the ruin of royal authority, and produced great confufions in the kingdom, whic however in the end preferved and extremely improved national liberty, and the conftitution. His popularity, y even after his death, continued fo great, that, though xcommunicated by Rome, the people believed him to be a faint; and many miracles were faid to be wrought upon his tomb’. Tue victory of Evefham, with the death of Leicefter, proved decifive in favour of the royalifts, and made an equal, though an oppofite impreffion on friends and ene- mies, in every part of England, ‘The king of the Ro- mans recovered his liberty: The other prifoners of the royal party were not only freed, but courted, by theif keepers: Fitz-Richard, the feditious mayor of London, who had marked out forty of the moft wealthy citizens for flaughter, immediately ftopped his. hand on receiving Sen} BekicN Ro Yeocdr. 219 intelligence of this great event: And almoft all the caftles, C H A P. garrifoned by the barons, haftened to make their fubmif- fions, and to open their gates to the king. The ifle of Axholme alone, and that of Ely, trufting to the ftrength of their fituation, ventured ta make refiftance ; but were at laft reduced, as well as the caftle of Dover, by the valour and attivity of prince Edward. Adam de Gour- don, a courageous baron, maintained himfelf fome time in the forefts of Hampfhire, committed depredations in the neighbourhood, and obliged the prince to lead a body of troops into that country againft him. Edward attacked the camp of the rebels ; and being tranfported by the ardour of battle, leaped oyer the trench with a few followers, and encountered Gourdan in fingle com- bat. The victory was long difputed between thefe valiant combatants ; but ended at laft in the prince’s favour, who wounded his antagonift, threw him. from his horfe, and took him prifoner. He not only gave him his life; but introduced him that very night to the queen at Guilford, procured him his pardon, reftored him to his eftate, re- ceived him into favour, and was ever after faithfully ferved by him °. A TOTAL, victory of the fovereign over fo extenfive a rebellion commonly produces a revolution of government, and ftrengthens, as well as enlarges, for fome time, the prerogatives of the crown: Yet no facrifices of national liberty were made on this occafion; the Great Charter remained ftill inviolate; and the king, fenfible that his own barons, by whofe affiftance alone he had prevailed, were no lefs jealous of their independance than the other party, feems thenceforth to have more carefully abftained from all thofe exertions of power, which had afforded fo plaufible a pretence to the rebels. ‘The clemency of this victory is alfo remarkable: No blood was fhed on the t M. Paris, p, 676, W, Heming, pr 588. u M, Paris, p, 675+ {caffold : XII. — 1266. 1266, AND. N of the Mountfort family, And thot ited ch a parliament, who had eary ions were their lands“; and the se fum, “Rig Et 15 ERT: TRE. «EE made with them for syied on the moft obnoxious offenders, exceeded not five years’ rent of their ef Even the earl of Derb by, who aeain rebelled, after having been p ‘doned and reftored j 2: to his fortune, was obliged to pay only feven years’ rent, s a fecond time reftored. The mild difpofition of the king, and the prudence of the prince, tempered the ‘adually reftored order to,the olence of victory, and ¢ feveral members of the fate, disjointed by fo long a j it continuance of civil wars and commotions. iy THE city of London, which had carried fartheft the 1 race and animofity againit the king, and which: feemed determined to ftand upon its defedicie after = all the kingdom had { ubmitted, was, after fome interval, reftored and Fitz: Richa uc to moft of its liberties and privileg the mayor, who had been guilty of ‘A much illegal vio- lence, was only punifhed by fine mprifonment. The i countefs of Leicefter, the king’s fifter, who had been extremely forward in all attacks on the royal family, was difmifled the kingdom with her two fons, Simon and Guy, who proved very ungrat for this lenity. Five years afterwards, they Viterbo in Italy, their coufin Henry d’Allmaine, who at that very time was endeavouring to make their peace with the and i y in the church of the Fran- cifcans, th ] punifhment due to fo great an ia enormity *. f Glocefter, after he returned to his been fo great, in -reftoring the er, vol. i, p. 879. vol, ile Ps» 4s 5¢ ! } : hron, T. Wyk «94 V, Heming. p. 589. Trivet, ps 240. prince . 219 prince to his li ories CH A P. iftine him in his victe seaint the rubialinte barons, that it was almoft impof- eee Ley fible to content him in his de and hisyouth 1267, and temerity, as well as his great power, tempted him, on fc new difguft, to raife ag the bellion in the kingdom. ‘The mutinous populace of London, at his inftigation, took to arms ; and the prince was obliged to levy an army of 30,000 men, in order to fupprefs them. Even this: fecond rebellion did not provoke the king to any acts of cruelty; and the earl of Glocefter himfelf efcaped with total impunity. He was only ob- liged to enter into a. bond of 20,000 marks, that he fhould never again be guilty of rebellion: A ftrange method of enforcing the laws, and a proof of the dan- gerous independance of the barons in thofe ages! Thefe potent nobles were, from the danger of the example, averfe to the execution of the of forfeiture and felony againft any of fellows ; though they could not with a good grace refufe to concur in obliging then to fulfil any voluntary contra@ and engagement, into which they had entered, Tue prince, finding the-ftate of the kingdom tolerably 1270, compofed, was feduced, by his avidity for clory, the prejudices of the age, as well : . c citations of the kino of France, to undertake an and he tion againft the infidels in the Holy Land - endeavoured previoufly to fettle the fta ner, as to dread no bad effe&s from his abfence. As the formidable power and turbulent difpofition of the earl of Glocefter gave him apprehenfions, he infifted on car- rying him along with him, in confequence of a vow, which that nobleman had made to undertake the fame yoyage: In the mean time, he obliged him to refi gn fom y M. Paris, p. 677. of 29 CHAP. O6fh XIL 4 HISTORY: OF ENGLAND, is caftles, and to enter into a new bond not to difturb w—~~ the peace of the kingdom *. He failed from England £270, with an army; and arrived in Lewis’s camp before Tu- nis in Africa, where he found that monarch already dead, rance of the climate and the fatigues of great, if not only weaknefs of this as the imprudent paffion for it was this zeal chiefly that procured him clergy the title. of St. Lewis, by. which he is known in. the French hiftory; and if that: appellation had not been fo extremely proftituted, as to become ra- ther a term of reproach, feems, by his uniform pro- bity and well as his piety, to have fully merited the title. He was fueceeded by his fon, Philip, denominated the Hardy ; a prince of fome merit, though much inferior to that of his father. Prince Edward, not difcouraged by this event, con- tinued his voyage to the Holy Land, where he fignalized of valour: Revived the glory of the himfelf by Englifh name in thofe parts: And ftruck fuch terror into the Saracens, that they employed an aflaffin to murder him, who wounded him in the arm, but perifhed in the attempt *. Meanwhile, his abfence from England was attended with many of thofe pernicious confequences, which had been dreaded from it,, The laws were not executed: The barons opprefled the common people with impunity >: They gave fhelter on their eftates to bands of robbers, whom they employed in committing ravages on the eftates of their enemies: The populace of London returned to their ufual licentioufnefs : And the old king, unequal to the burthen of public affairs, called aloud for his gallant fon to return‘, and to affift him in = Chron. T, Wykes, p. go. aM, Paris, p, 678, 679. W. Heming. Pp» 520+ b Chron, Dunft, vol. i, P: 404. © Rymer, vols is p. 869, M, Paris, p. 678, fwaying PeioN Rey iit. fwaying that {cepter, which was ready to drop from his ‘ feeble and irrefolute hands. At laft, overcome by the cares of government, and the infirmities of age, he vifibly declined, and he expired at St. Edmondfbury in the 64th year of his age, and 56th of his reign; the longett reign that is to be met with in the Englifh aha His brother, the king'of the Romans (for he never attained the title of omosiale died about feven months before him. THE moft obvious circumftance of Henry’s character is his incapacity for government, which rendered him as much a prifoner in the hands of his own minifters and favourites, and as little at his own difpofal, as when detained a captive in the hands of his enemies. From this fource, rather than from infincerity or treachery, wofe his negligence = obferving his promifes; and he was too eafily induced, for the fake of prefent conveni- ence, to facrifice the — advantages arifing from the truft and confidence of his people. Hence too were de- rived his profufioén to” favourites, his aero to ftrangers, the variablenefs of his conduét, his s hafty re- fentments, and his fudden forgivenefs and return of afteétion. Inftead of reducing the dangerous power of his nobles, by obliging them to obferve the laws towards their inferiors, and fe tting them the falutary ex own government ; he was feduced to imitate their con- duct, and to make his rather that‘of of accom-= his minifters, the rule of his aGtions. Inftead modating himfelf, by aftriG frugality, to the embarrafled fituation in which n left, by the - in fiteta RATIONS O1 1S military expeditions © father, and the ufurp he-was tempted to levy money by PRT €xa hich, without enriching himielf, impoverifhed, at leaft difgufted his d leaft to have fitted all men, nature feeme ing a tyrant; yet are there inftances of oppref- fion and charace ter of the king. \ STORY -OF ENGLAND. ¢ HA P.fion in his reign, which, though derived from the preces LAR dents had been carefully inft by the Great. Charter, and are incon- all rules of good government. And on may fay, that greater abilities, with his pofitions, would,have prevented him from falling into his faults; or w fe difpofitions, would have enabled him to maintain and defend them, T'H1s prince was noted for his piety and devotion, and his reoular attendance on pu 5S z. [ blic worfhip; anda faying of ch celebrated by ancient writers. d in a difpute with Lewis IX. of France, ie preference between fermons and ‘mafles: ring t Oo ~ vi oO He maintained the fuperiority of the, latter, and affirmed, that he would. rather have one hour’s converfation with a friend, than hear twenty the moft elaborate difcourfes, pronounced in his praife °. wRY left two fons, Edward. his. fucceffor, . and Edmond earl of Lancafter ; and two daughters, Margaret een of Scotland; and Beatrix. dutchefs of Britanny. tie had five other children, who.died in their infancy. Mifcellane- Tue following. are. the moft,remarkablé laws enaéted nere had been great difputes between efiaftical courts. about baftardy. ‘The d all thofe to be baftards who By: the canon law they were any difpute of inheritance arofe, fual for the civil courts to iffue to the fpiritual, directing them to’ enquire into the acy of we sige The bifhop always returned iwer agreeable to the canon law, though contrary municipal law of the kin igdom. For this reafon, | courts s had cl he terms of their writ ; and | courts to make inquifition ¢ Walfing. Edw. I. p. 43. concerning HeeineN RY wy HI. 2 23 concerning the legitimacy of the perfon, they only propofed © H A P. 5 the fimple queftion of fad, whether he were born. before or after wedlock. ‘Ihe prelates complained of this. prac- tice to the parliament aflembled.at Merton in the twentieth of this king, and defired that the municipal law might be rendered conformable to the canon: But received from all the nobility the memorable. reply, We will not change Nolumus leges MULQY ey the laws of Eng- AFTER the civil wars, the parliament, fummoned at Marlebridge, gave their, approbation to moft of the ordi- nances, which had been eftablifhed by the reforming barons, and which, though advantageous to the eur of the ral autho- Sted, that all appeals from the courts of inferior lords thould be carried people, had not received the fanétion of, a rity. Among other laws, it was there enaé 1 directly to the kine without pafling through the s courts, courts of the lords immediately fuperior £. It was or- dained, that money fhould bear no intereft during the minority of the creditor ®, This law was reafonable, as the eftates of minors were always in the hands of their lords, and the debtors could not pay intereft where they had no revenue. ‘The charter of king John had granted this indulgence: It was omitted in that of Henry IIL. for what reafon is not known; but it was renewed by ftatute of Marlebridge. ftatute are calculated to ref Moft of the other articles of rain the oppreffions' of fheriffs, and the violence and iniquities committed in diftr cattle and other goods. Cattle and the inftruments of hufbandry compofed at that time the chief ric of the people. In the 35th year of this-kine an affize was fixed of bread,.the price of which was fettled, according to the f Statute of Merton, chap, 9. atute of eb, chaps 20s 4 bid, chap. 16, XII, ai 224 HISTORY OF GLAND. C HA P. different prices of corn, from one fhilling a quarter to XII. i id 4272. feven fhillings and fix pence !, money of that age: Thefe oreat variations are alone a proof of bad tillage *: Yet did thé prices often rife much higher, than any taken notice of by the ftatute. The Chronicle of Dunftable tells us, that in this reign, wheat was once fold for a mark, for a pound a quarter; that is, three pounds of out prefent money '. The fame law affords us a proof of the little communication between the parts of the king dom, from the very different prices which the fame com- modity bore at the fame time. A brewer, fays the fta- tute, may fell two gallons of ale for a penny in citi¢s, and three or four gallons for the fame price in the country. At prefent, fuch commodities, by the great confumption of the people, and the great ftocks of the brewers, are rather cheapeft in cities. The Chronicle above-mentioned obferves, that wheat one year was foldin © many places for eight fhillings a quarter, but never rofe in Dunftable above a crown, ‘THOUGH commerce was ftill very low, it feems rather to have encreafed fince the Conqueft ; at leaft, if we may judge of the encreafe of money by the price of com. The medium between the higheft and loweft prices of wheat, affigned by the ftatute, is four fhillings and three pence a quarter, that is, twelve fhillings and nine pence of our prefent money, ‘This is near the half of tle mid- dling price in our time. Yet the middling price of cattle, fo late as the reign of king Richard, we foil to be above eight, near ten times lower than the prefent. Is not this the true inference, from comparing thefe facts, that, in all i Statutes at large, p, 6. k We learn from Cicero’s oration’ gainft Verres, lib, iii, cap, 84, 92. that the price of corn in Sicily was, during the praetorfhip of Sacerdos, five Denarii a Modius; during that of Verres, which immediately fucceeded, only two Sefterces i That is, ther a proof, of the very bad fate of i 54) ae : < ls ip kK } tillage in ancient times. 1 So alfo Knyghton, p, 2444+ ten times ower; a prefymption,. or ra + Tod uncivilized ee IN OR Ys “TT: uncivilized nations, cattle, which propagate of them- felves, bear always a lower price than corn, whi quires more art and ftock to.raife it, than thofe nations are poflefled of ? It is to be rematked, that Henry’s affize of corn was copied from a preceding oa eftablithed by king John; and confequently, the prices which we have here compared of corn and cattle may be looked on as contemporary ; and they were drawn, not from one par- ticular year, but from an eftima shai of the middling ed prices for a feries of years. It is true; the prices, aff si the aflize of Richard, were meant as a ftandard for the accompts of fheriffs and efcheators ; and as confiderab! le pro= fits were allowed to thefe minifters 3 we may naturally fup- pofe, that the common value of cattle was fomewhat hi: gher: Yet ftill, fo great a difference between the prices of corn and Satie as that of four to one, compared to the prefent rates, affords important reflections concerning the very different ftate of induftry and tillage in the two p InTEREST had in that as ge mounted to an enormous height, as might be expecte: d from the barbarifm of the times and men’s ignorance of commerce. Inftances occur of fifty per cent. payed for money™. ‘There is an edi& of Philip Auguftus near this period, limiting the Jews in France to 48 per centi"; Such profits tempted the Jews to remain in the kingdom, notwithftandi ing’ the grievous oppreffions, to which, from the prevalent bi try and rapine of the age, they were continuall y expofed. It is eafy to imagine how precarious their ftate muft have been under an indigent prince, fomewhat reftrained in his tyranny over his native fubjeéts, but who pofleffed an un- limited authority over the Sees s, the fole proprietors of money in the kingdom, and hated on. account of their riches, their religion, aod their ufury : Yet will our ic {carcely come up to the extortions which 'in fa@ w AICI act We m M. Paris, Pp. 586. ® Bruffel Traité des Fiefs, vol, i. p. 575. Vo. Il. Q to CHAP, Xil, 1ich Fe oe 1272s HISTORY OF ENGLAND. upon them. In the year 124f, 1 them°®: ‘Two years ss j if j and one jew alone, TLeTs, y: above 4.000 marks Pt In 3 refions; and the fame Aare | 320,000 marks-upon an uccufation of The high penalty impofed upon ind W ems, he was thought able to pay, is er a préfumption of his innocence than of his ouilt. In 1 sing demanded 8000 marks from the Jews, rrefufed compliance. defired leave to retir dom. But the king fe- pli ‘effions you complain 2 [ am fpoiled, I am ftrip- <¢ ped of all my revenues: I owe above 200,000 marks; « and if I had faid 300,000, I fhould not exceed the “ truth: Iam obliged to pay my fon, prince Edward, marks a year: I have not a farthing; and I <¢ yuft havé money, from any hand, from any quarter, << or by any means.” He then delivered over the Jews to the earl of Cornwal, that thofe whom the one brother had flead, the other might embowel, to make ufe of the ; of the hiftorian". King John, his father, once de- refufal, ordered one of his teeth to be drawn every day till he fhould confent. The Jew loft feven teeth; and then paid the fum required of him *. One talliage laid Tews in 1242 amounted to-60,000 marks‘; 4 upon the 243 fum equal to the whole yearly revenue of the crown. ea better pretence for extortions, the improbable and abfurd accufation, which has been at different times } y advanced ag rainft that nation, was revived in England, © M. Paris, p, 372 P Ibid, pe 410. q Ibide pe §25¢ ® Ibid. p. 606, & Ibid. py 160. * Madox, pr 15% that that they had crucified a child in derifion of the fi Chrift. Eishteen of them were : ; dible, that even the by the Cl ey laboured, would ever have them to be guilty of that dangerous enormity. = natural to imagine, that a race, expofed to fuch infults and indignities both from ki and people, and wh fo uncertain an enjoyment of ufury to the greateft extremity, and by tl fits make themfelves fome comper nual perils. ‘THouGH thefe acts of viol ed much from bigotry, ae were avidity and rapine. So far from efiviren in that ace to convert them, it was enacted by law in France, tha ft, if ed all his coods g or his fuperior lord Phefe plunderers were careful, left the profits, ac from their dominion over that unhappy race; fhould bé any Jew embraced Chriftianity, 1 witholit exception, to the kir diminifhed by 7 their converfion *. COMMERCE muft be in a wretched conc dition, where re! { intereft was fo high, and where the fole money employed it in ufury only, and were fuch rapine and injuftice. But the country was another obftacle to improvements; and ren > dered all communication dangerous, and all property earious; ‘The Chronicle of Dunftable fays *, that men er fecure in sf lyoufes pre- were nev and tha espana) were often plundered by bands of robbers, though no civil wars at that time prevailed in the kingdom. In 1249, fome years pafore the infurrection of the bardéns, twe merchants of Brabant came to. the W inchefter, uM, Paris, p. 613. Ww Bruffel, vol, i, p. 622,. Du Cange verbo Fudei y 1 s = HISTORY OF ENGLAND 1ey had been fpoiled of all their goods becaufe they faw | pee rae! whom they knew ) 3 s every day in his court ; that like practices pre- all over Eneland, and travellers were continually iger of being robbed, bound, wounded, and murdered ; that thefe crimes efcaped with impunity, e the minifters of juftice themfelves were in acon- federacy with the robbers ; and that they, for their part, - bringing matters to a fruitlefs trial by law, were g , ‘s by arms and a duel. The king, provoked at ) g at ordered a jury to be inclofed, and to try Se ‘The jury, though confifting of twelve men in Hampfhire, were found to bealfo ina con- with the felons, and acquitted them. Henry in se committed the jury to prifon, threatened them with fevere punifhment, and ordered a new jury to be inclofed, dine the fate of their fellows, at laft found 2 verdict againft the criminals. Many of the king’s own who, drea houfehold were difcovered to have participated in the uilt; and they faid for their excufe, that they received from him, and were obliged to rob for a main- ‘nights and efquires, fays the Dictum of Ke- vere robbers, if they haveno land, fhall pay goods, and find fufficient fecurity to keep Such were the man- OIwR ca he lef (JNE Can tne le s repine, during the prevalence of fuch £ frauds and forgeries of the clergy ; as it manners, es sd : urbance to fociety, to take men’s money from. confent, though by deceits and lies, y open force and violence. During apal power was at its fummit, and was even beginning infenfibly to decline, by reafon of the im- meafurable avarice and extortions of the court of Rome, which difeufted the clergy, as well as laity, in every kine- e. England itfelf, though funk in the deepeft oC 5 dom of Euro; abyfs of ignorance and fuperftition, had ferioufly enter- tained thoughts of fhaking off the papal yoke; and the Roman pon was obliged to think of new expedients for rivetting it fafter upon the Chriftian world. For this purpofe, Gregory IX. publifhed his decretals*, which are a collection of forgeries, favourable to the court of Rome, and confift of the fuppofed decrees of popes in the firft centuries. But thefe forgeries are fo grofs, and confound fo palpably all language, hiftory, chronology, and anti- quities ; matters: more ftubborn than any {peculative truths whatfoever ; that even that church, which is not ftartled at the moft monftrous contradictions and abfurdi- ties, has been obliged to abandon them to the critics. But in the dark period of the thirteenth century, they pafled for undifputed and authentic ; and men, entangled in the mazes of this falfe literature, joined to the philofophy, equally falfe, of the times, had nothing wherewithal to defend themfelves, but fome fmall remains of common fenfe, which pafled for profanenefs and impiety, and the indelible regard to felf-intereft, which, as it was the fole motive in the priefts for framing thefe impoftures, ferved alfo, in fome deg to protect the laity againtt them. ANOTHER expedient, devifed by the church of Rome, in this period, for fecuring her power, was the inftitution of new religious orders, chiefly the Dominicans and Francifcans, who proceeded with all the zeal and fuccefs that attend novelties ; were better qualified to gain the populace than the old orders, now become rich and in- z M, Paris, p, 423, a Trivet, p, 191, Q2 dolent; ? p with each othe: 1s ; and acquired a ofire of poverty anda {‘Aurbed the peace of the church, 1 ferved only a {pur to il y in promoting - 1 1, Ma Rl common cauie ; the the Dominicans loft immaculate con- red too far r counterbalanced ‘olid eftablifhments, xs and princes, and by , of ultimate judges feveral orders of ar troops or garrifons of the Romifh church; and oh the true piety, were hurt, by their J, ed the temporal interefts of he populace, they prov ohty fabric of srftition, and, } I ning, fecured it from any dan- was abolifhed in this reign by by ord ter to the town of Newealtle, to dig coal. We learn from Madox *, that this king gave at s to mafter Henry, his peet: Alfo the me 7 SE time TOO ifillings fame year he o arid s this poet ten pounds, Iv appears from Selden, that a hundred and fifty temporal, t DATOS (een peed were fummoned to perform the fen by tl te. 1272 nures*, In the 35th of the fub{ ‘ 3 fix temporal barons, twenty bifhoy abbots, were fummoned to a parliament conyened at © lifle °. @ Titles of Honour, part 2, chaz vol. i, p. 3gt, Q4 i) wr be ey HISTORY OF ENGLAND. EE: DW. AR Daa Conqueft of Wales Competitors for the Civil adminiftration of the kiag Affairs of Scotland crown of Scotland Reference to Edward —— Homage of Scotland Award of Edward in favour of Baliol- War with France —— Di- grefion concerning the Bete of parliament War with Scotlan tland fubdued—— War with eta fons with the clergy Peace with France Arbitrary meafures Revolt of Scotland ——That kingdom again fubdued Robert Bruce Death and charaéter of the king again revolts is again fubdued —e 7 Third revolt of Scotland: Mifcellaneous tranfactions of this reign. CH AP. /HXHE Englith were as yet fo little enured to obedience i under a recular government, that the death of almott every king, fince the ‘eonqueft, had been attended with diforders ; and the council, refle€ting on the recent civil wars, and on the animofities which naturally remain after thefe great convulfions, had reafon to apprehend dan- gerous confequences from the abfence of the fon and fuc- ceflor of Henry. They therefore haftened to proclaim prince Edward, to {wear allegiance to him, and to fum- mon the fates of the kingdom, in order to provide for the public peace in this impertant conjun@ture ‘. Walter f Rymer, vol, ii, pot. Walfing, p»43e Trivet, p. 249. Giffard, EDWARD {. Tn Ss Sai 233 eS eT 2 of York, the earl of Cornwal, fon of C HA Ps : XI. Richart of the Romans, and the earl of Glocefter, ~~n» were appointed guar¢ lians ats the kingdom, and proceeded = }272e peacea bly to the exercife of their authority, wiktiout either meeting with oppofition from any of the people, or being difturbed with emulation and faction among themfelves. : 5 The high ch commotions, his military genius, his fuccefs in fubduing rater acquired by Edward during the late the rebels, his moderation in fettling the kingdom, bad procured him great efteem, mixed with afk &ion, among: all orders of men ; and no one could reafonably entertain hopes of making any advant: of his abfence, or of raifing difturbance in the nation. The earl of Glocefter himfelf, whofe great power and turbulent fpirit had ex- cited moft jealoufy, was forward to give proof s of his alleziance ; and the other malcontents, being deftitute of a leader, were obliged to remain in Subanon to the government, Prince Edward had reached Sicily in his return from the Holy Land, when he received intelligence of the death of his father; and he difcovered a deep concern -d the death of an infant fon, John, whom his princefs, Eleanor of Caftile, had born him at Acre in Palefti: appeared much lefs affected with that misfortune, the on the occafion. At the fame time he >; and as he king of Sicily exprefled a furprize at thi difference of fentiment : But was told by Edward, that the death of a fon was a lofs which he might hope to repair; the death of a father was a lofs irreparable ¢. EDWARD proceeded homeward ; but : she foon learned the quiet fettlement of the kingdom, he was in no hurry to take pofleffion of the throne, but ¥rance, before he made his {pent near a year in England. In 7) Le as rans he ‘y . > pis pallage by Chalons in Burgundy, he was challenged § Walfing, p. 44, Trivet, p. 240. by tournament which he ] Edward excelled in thofe martial exercifes, the true image of war, he de. of iring honour in that great aflembly of the neighbouring nobles. But the image of war was here unfortunately turned into the thing itllf, a ful in the joufts, 1 at their fi cia ed at their ii ay aac CO Faris, which he held in fhe eo that province, nne 1¢ i ! R274. | which was in fome conf He made his journey to London through Ff dated at Montreuil a EEEILORY k ; he was received, and was folemnly 1s | zgth Avg. Veftmintter fe hae archbithop of Cana } Civil admi- , applied himfelf to the re-efta- nifiration of “ the king, is king £ and to the correcting of thofe diforders, which the civil commotions and the loofe ad- fa] miniftration of his father had introduced into. every part of government. ‘The plan of his policy was equally ge- ¢h aq 4 tne great barons g mmiediate rivals of the crown, and opprellors ina he propoied exact diftribution hy 91 > Dy an vid execution of the lai erior orders of the ffate, and to h their EDWARD kK 2 se 35 dangerous’ authority was chiefly founded. Making it a © as P, g ) ) XII. rule in his own conduct to obferve, except on extraor- dinary occafions, the privileges fecured to them by t fift upon their vaflals and inferiors ; and he made the crown be regarded by a all the Great Charter, he acquired a right to.1 obfervance of the fame charter towards sentry and commonalty of the kingdom, as the great fountain of juitice, and the cenera! afylum eer ae op- ? R = Cart, fi. 7. OS * preffion. B efides enar cing feveral ufeful jaatutes, in a parliament which he fummoned at Wel ter, he took careto infpect the conduét of all his mag iftrates and judges, to difplace fuch as were either negligent or corrupt, to seid them with fufficient force for the execution of juftice, to extirpate all bands and confederacies of robbers, and to reprefs thofe more filent robberies, which were committed either by the power of the nobles, or under = the countenance of public authority. By this rigid ad- miniftration, the face of the kingdom was foon changed and order and juftice took place of violence and opprei- ] + fion: But amidft the excellent inftitutions and public- fpirited plans of Edward, there ftill appears fomewha both of the feverity of his perfonal character and of the prejudices of the times. As the various kinds of malefaétors,, the murderers, robbers, incendiaries, ravifhers, and plunderers, had be- come fo numerous and powerful, that the ordinary mini- fters of juftice, efpecially in the weftern counties, were afraid to execute the laws againft them, the king found it aay to provide an extraordinary remedy for the evil ; and he erected a new tribunal, which, however ufeful, would have been deemed, in times of more regular liberty, a great ftretch of illegal and arbitrary power. It con- fifted of commiffioners, who were empowered to enquire into diforders and crimes of all kinds, and to inflict the ser punifhments upon them. The officers, charged with a d 12740 236 Ww CHA XI, : : ; w-\7~~ throughout the counties of 2275. P.with this unufual commi HISTORY OF ENG EARS n, made their circuits rland moft infefted with this evil, and carried terror into all thofe parts of the KII gdom. In their zeal to punifh crimes, they did not between the innocent and cuilty; ey diftineuith the fmalleft fufpicion becam trial ; sund of accufation and red againft crimi- ‘actors, real or pre- all offences; and e king, though his ex usalied exchequer was fupplied by this expedic fc to {top the Be: of diffipating by this people in England, he i gland, fo great 1 tribunal the ear prudently annulled the commiffion!; and never after- wards ren AMONG the various dif s, to which the kingdom was fubject, no one was more univerfally complained of than the adulteration of the coin ; and as this crime te- quired more art than the Englith of t hat age, who chiefly em ple hak force and violence ie their iniquities, were pof- fefled of, the imputation fell upon the Jews ™. Edward alfo feems to have indulged a ftrong prepoflefion againtt 1 for Ch ion to the Holy oa Si per nity be- ing naturally augme Land, he uw of his juftice againtt | eighty of them were hanged at once for this crime in London alone, be- ed in other parts of the kingdom’, fides thofe who { The houfes and lands, (for the Jews had of late ventured to make purchafes of that kind) as well as the goods of great multitudes, were fold and confifcated : And the I Spellman’s Gloff. in verbo Trail But Spellman was either mil> taken in placing g this commiffion in the 1 year of the king, or it was ree newed in 305, See Ry mer, vol. ii, p.g60, Trivet, p. 338. M. Wet. Pp» 4.50. m Walfing. p..48. Heming, vol, + Pr 6 aT. Wykes, p. 107. king, Beep We ACR Dood. 237 kina, left it fhould be fufpeéted that the riches of theC oe P, fufferers were the chief part of their guilt, ordered a g moiety of the money, raifed by thefe confifcations, to be fet apart, and beftowed upon fuch as were willing to be converted to Chriftianity. But refentment was more pre- valent with them, than any temptation from their poverty ; and very few of them could be induced by intereft to em- brace the religion of their perfecutors. ‘The*miferies of this people did not here terminate.. Though the arbitrary talliages and exactions, levied upon them, had yielded a conftant and a confiderable revenue to the crown; Ed- ward, prompted by his zeal and his rapacity, refolved fome time after ° to purge the kingdom entirely of that hated race, and to feize to himfelf at once their whole property as the reward of his labour?. He left them only money fufficient to bear their charges into foreign. countries, where new perfecutions and extortions awaited them: But the inhabitants of the cinque-ports,, imitating por f the bigotry and avidity of their fovereign, defpoiled moft of them of this fmall pittance, and even threw many of ) them into the fea: A crime, for which the kine 6? who was determined to be the fole plunderer in his dominions, infli€ted a capital punifhment upon them. No lefs than fifteen thoufand Jews were at this time robbed of their effects and banifhed the kingdom: Very few of that na- tion have fince lived in England: And as it is impoffible for a kingdom to fubfift without lenders of money, and none will lend without a compenfation, the practice of ufury, as it was then called, was thenceforth exercifed by the Englifh themfelves upon their fellow- izens, or by Lombards and other foreigners. It is very much to be queftioned, whether the dealings of thefe new ufurers were equally open and unexceptionable with thofe of the © In the year 1290, P Walfing. p. 54. Heming. vol, i ps 206 Trivet, p. 266, old. O'FE-AUP, old renamed copies fhould be made of « Se gh seer ~ iil i { Id. By a law of Ric viven toa few; one eA c magiltrate; another to be put into the ha thofe of a man of credit, and a third to remain with ‘anon law, feconded by the municipal, permitted no Chriftian to take intereft; f } all tranfactions of this kind mt after the banifhment of 1 4 z be i 2eA > (1° the Jews, have become more fecret and clandeftine, and ne lender; of confequence, be paid both for the ufe of his money, and for the infamy and danger which he in- curred by lending it. l thouch no excufe thougn n 105 ous tyranny exercifed stake THE great poverty « was probably the cauf but Edward alfo practifed other more s of remédying that evil. He employed nt and diftribution of liament to vote him a sope to grant him the o fifteenth of all tenth of all ecclefiaftical vues fof three years; and fition of half ported, and a mark on rE Saas ake weal one ME fe he merchants to confen Pe a mark on ev of wool e3 three hundred fkins. He alfo iffued commiffidns to en- quire into all encroachments on the royal demefne; into the value of efcheats, forfeitures, and wardfhips ; and into the means of repairing or improving every branch of in the execution of the revenue‘. 1e commiffion their office, began to’ cz nobility, and to queftion titles to eftatés which had been enerations. Earl tranfmitted from father to fon for feveral g ‘Warrenne, who had done fuch eminent fervice in the laté reion, being required to fhow his titles, drew his {word ; and fubjoined, that William, the Baftard, had not con- quered the kingdom for himfelf alone: His anceftor wasa joint adventurer in the enterprize ; and he himfelf was q Trivet, p. 128, t Ann, Waverl, p. 235+ 9 determined Ee Pew - ATR: B tT. 239 determined to maintain what had f mained unqueftioned in his family. pee J . 1276. of the danger, defifted from making farther enqu uiries of 7§ this nature. Bur the active {pirit of Edward could not long remain _ 1276 : c ueft o without employment. He foon after undertook an enter- y prize more prudent for himfelf, and more advantageous to his people. Lewellyn, prince of Wales, had been deeply engagéd with the Mountfort fa@tion; had entered into all their confpiracies againft the crown; had frequently fought on their fide ; and till the battle of siictidee fo fatal to that party, had employed every expedient to de- prefs the royal caufe, and to promote the fuccefs of the barons. In the general accommodation, made with the vanquifhed, Lewellyn had alfo obtained his pardon ; but as he was the moft powerful, and therefore the moft ob- noxious va of the crown, he had reafon to entertain anxiety about his fituation, and to dread the future effects of refentment and jealoufy in the Englith monarch, For this reafon, he determined to provide for his fecurity by maintaining a fecret correfpondence with his former affo- ciates; and he even made his addreffes to a daughter of the earl of Leicefter, who was fent to him fen beyond fea, but being intercepted in her r paflage near the Scilly, was diane in the court of England incident encreafing the mutual jealoufy betwr a Edward and Lewellyn, the latter, when required to come. to England, and do homage to the new king, fcrupled to put himfelf in the hands of an enemy, fafe- conduc from Edward, infifted upon OR: the king’s fon and other noblemen delivered to him as hoftages} and demanded, that his fpoufe fhould pre fiouflly be fet at ti- * Walfing. p. 46,47. Heming, vol i, py gs. Trivet, pe 278. berty. 240 H XII. i 3277. i, HISTORY OF ENGLAND: C HAP. berty'. TThe.king, having now brought the ftate toa —,— full fettlement, was not difpleafed with this occafion of 1276. exerc ifing his authority, and fubduing entirely the prin- cipality of Wales. He refufed all Lewellyn’s demands, except that of a fafe-conduct ; fent him repeated fummons to perform the duty of a vaffal; levied an army to reduce him to obedience ; obtained a new aid of a fifteenth from parliament; and marched out with certain affurance of fuccefs againft the enemy. Befides the great difproportion of force between the kingdom and the principality, the cir- cumétances of the two ftates were enti irely reverfed ; and the fame inteftine diffentions, which had former ly ia ened England, now’ prevailed in Wales, and had even taken place in the reigning family. David and Roderic, brothers to Lewellyn, had been difpofeffed of their inhe- ritanc e b ed to have recourfe that prince, had been ob to the protection of Edward, and they feconded with all their intereft, which was extenfive, his attempts to en- flave their native country. The Welfh prince had no refource but in the inacceffible fituation of his moun- tains, which had hitherto, through many ages, de- fended his forefathers againft all attempts of the Saxon and Norman conquerors ; and he retired among the hills of Snowdun, refolute to defend himfelf to the laft extre- mity. But Edward, equally vigorous and cautious, en- tering by the north with a formidable ar rmy, pierced into the heart of the country ; and having carefully explored every road before him, and fecured every pafs behind him, approached the Welfh army in its laft retreat. He here avoided the putting to trial the valour of a nation, proud of its ancient independance, and enflamed with animofity againtt its hereditary enemies ; and he trufted to the flow, but fure effe€ts of famine, for reducing that people to fub- jection. The rude and fimple manners of the natives, * Rymer, vol, ii, p. 68. Walfing, p: 46, Trivet, p. 247. EDWARD tf, a4h, as well a5 the mountainous fituation of their country , had CHAP, XI, made them entirely neglect tillage, and t a aed Soe aa 7 A alone for their { A method of life which had 12776 hitherto fecured them againft the i irregular attempts of the Englifh, but expofed them to certain ruin, when the conqueft of the country was fteddily purfued, and pru- dently planned by Edward. Deftitute of mao gazines, cooped up in a narrow corner, they, as well as their cattle, fuffered all the rigors of famine; and Lewe llyn, without being able to ftrike a ftroke for his independance, was at Jaft obliged to fubmit at difcretion, and receive the terms impofed upon him by the viélor". He bound himfelf to roth Nov pay to Edward 50,000 pounds, as reparation of damages 5 to do homage to the.crown of England ; other barons of W. to permit all the ales, except four near Snowdun, to {wear fealty to the fame crown; to relinguffh the country between Chefhire and the river C Conway ; to fettle on his year, and on David five hundred ; and to deliver ten hoftages as fecurity for his future fabmii on” brother Roderic a thoufand marks a Epwarpb, on the perforriance of the other arti icles, remitted to the prince of Wales the payment of the 50,000 pounds *, which were ftipula:ed by treaty, and which it is probable, the poverty of the country made itabfolutely im- poffible for him tolevy. ’. Butnotwithftanding thisind fm Fences complaints of iniquities foon arofé on the fi fide of t the van- quifhed: The Englith, infolent on their eafy and bloodlefs victory, opprefled the inhabitants of the diftri&s which were yielded to them: ‘The lor peer marchers committed with impunity all kinds of violente on gine Welth neigh- bours : New and more fevere terms were impofed on ee ellyn himfelf; and Edward, when the pfince attended him at Worcefter, exa&ted a promife that he would retain u T. Wykes, p. 3 are ai ~ w Rymer, vol, ii. p. 88. Walfing, p, 473 251. T. Wykes, p. 106, x Rymer, p. 92, Vou,-Il, R vet. p te ne arch ¥. There were other perfonal ed the indignation of the Welfh, and ine rather to ¢ Prince Da- rce of public r tenants Ato, a detachn conceal himfelf under > hie ills i urking- the Welfh.no- eltablifhed in that p before national anti rough union attained ret this impor- tant conqueft, whi fully to effectuate, Edward, completed by the Englith THE sng fenfible that nothi military valour and of ancient elo: y, fomuch as the tra- LEDL alive the ideas of ditional poetry of t he power people, which, affifted by pov of mufic, a lity of feftivals, made deep imprefi gathered together all the Welfh bards, and from a barbarous » though not abfurd policy, ordered them to be put to death ¢ THERE prevails a on. the minds of the youth, ftory, which, as it well fuits the capacity of the monkifh writ oak recorded by them: "That I Edward, aflembling so) y > Wwe 2PIN 2a onrinc L ot cpr 3 le promifed to give them a prince of PRC ae ~ nan- ners, a2 Welfhman by and one who could fpeak no other language. Vs promife of obedience, he invefted in the principali ty his fecond fon Edward, then a who had been born at Carnarvon. The Seth eldeft fon Alfonfo, re toon aiter, mace young Edward heir of the monarch +) ras Ee ytTn I 1 a Ihe principality of Wales was fully to ¢ D i 1 Henceforth giy crown ; anc the kings of FE: rd, that, in lefs than two j ny and Phili; fat ather Philip the H difference between 7 HISTORY OF ENGLAND. ‘ly, which the pope, after his hopes from tim, had beftowed on Charles, brother to whi 1 upon other titles, by A Alphonfo. Edward nt rinces to fettle the peace, and he and on his re- prevailed, both from of juttice, entleman of fome note, «09 pS] had aflembled feveral of his alociates at Bofton, in Lin- colnfhire, under pretence of holding a tournament, an a ay le7 in n real 7 re exercife practifed by the gentry only ; but in reality with ; c os t Pee: br i PEE. 3 . x of plundering the rich fair of Bofton, and robbing s. To facilitate his purpofe, he privately et fire to the town; and while the inhabitants were em- ployed in quenching the flames, the confpirators brok into the booths, and i but maintained fo fted- ~ “4 al ata 5 * + 1 if, ronour to his accomplices, that he could not be prevailed on, by offers or promifes, to difcoyer any of them. Many other inftances of rob bery nd vio- England ; pi the g lence broke out in all parts o made it alone be particularly recorded by hiftorians © ~umftances attending this confpiracy, have F289. But the corruption of the judges, by which the foun- ains of juftice were poifoned, feemed of {til! more dan- gerous confequence. Edward, in order to remedy this fammoned a parliament, and brought 1 c ei ial 5 i] of them, except two, who were cle jen, were convicted of this flagrant inl+ quity, were fined, and depofed. The amount o the ° Hemming. vol. i, p. 16, 97. fines, eg WwW AR I, 245 fines, levied upon them, is alone a fufficient proof of C HA P. their cuilt ; being above one ] g g ape Se pep a Papel hundred tnhou immenfe fum in days, and fuffic charges of an eee war bet 1two ¢ The king new judges fwear, ae 14 ey ee oe ee ys Pee *% that they would take no bribes; but his expedient, of depofing and fining the old ones, was the more effectual remedy. WE now come to give an account of the affairs of tion of Scotland, which form the moft Sey tranfa >] =) this reign, and of fome of the fubfequent; though the intercourfe of that kingdom with England, ei in peace or war, had hitherto protluced fo few events. of moment, that, to avoid tedioufnefs, we have omitted many of them, and have been very concife in relating the reft. If the Scots had, before this period, any real hif- tory, ee. of the name, except what they glean from 7 rians, thot events, wever minute, yet, being the only Fog tranf{actio Oi the 1 tion might d a eferve a place in it D ‘THOUGH the government of Scotland had been conti- Affairs of 4 _j, Scotland, nually expofed to thofe factions and convulfions, which are incident to all barbarous, and to many Civilized na- tions ; and though the fucceffions of their kings, the only g g ) art of their hiftory which deferves any credit, had often een difordered by irregularities and ufurpations ; the true heir of the royal family had {till in the end prevailed, IIT. who had efpoufed the lifter of Edward, riod of above an Sey eh a pretianl aoe, srobably inherited, afte ) 85 ai wits ag n of males, oe {cepter of 10 had severhel the nation, the ifland. This prince his horfe at Kinghorn ‘, , and without any defcen- Trivet, p, 2676 3 dant, F EN LAND. 1 of Eric, Norway, re ++34 of Scottifh monarch, called the maid of Norway, ner, yet be- om, had, through her fucceflor by the ftates death, the difpofitions, hve ouar- yw, the earls 0 f Scotland, 1; and the in- Edward, her great :d themfelves on og «ANd C X€ ere a ed , bar teak ec. this occafion, fee the throne of Scot- oe oo iii geen ean airs oa J 1339 land... The monarc turally led to build ind having lately, by at- fon one. monarchy, zal 6 Eigen seat eamees (jm e inft domeftic con- whieh had and. which, J any f ndeur of both intry, they took } ~ ere they entruited ED. W A RD I, 247 entrufted themfelve bitiousa.monarch. It wasagreed, that they fhould e1 S. into the hands of fo great and foam- © es P. ; Sey ’ ae all their ancient laws, liberties, and cuftoms; thatincafe **? \ e . ‘ Kee young Edward and Margaret fhould die without iffue, xe crown of Scotland fhould revert to the next heir, anc tl m of Scotland ft t to. the t heir rd fhould be inherited by him free and independant ;. that the milit: ary tenants of the crown fhould never be oblie« d to go out of Scotland, in order todo homage to the foye- reign of the united kingdoms, nor the chapters of cathe- alii : collesiate - Conve ial } echeac (j rde mak crai, coliegiate, or Conventual Churches, in order to make elections ; that the parliaments, fummoned for Scotch hin the bounds of that ; and that Edward fhould bind himfelf, under y of 100,000 marks, payable to the pope for affairs, fhould always be held wit the ufe of the holy wars, to obferve all thefe articles [t is: not eafy to conceive, that two nations could have treated more on a foot of equality than Scotland and E ? Jand maintained durins the whole courfe of this tranf: tion: And thoug rh: Edw a ve his affent to. the-art a ATTICIC, concerning the future independancy of the Scottifh crown, g j aving of his former ri ; this referve gave no m.to the nobility of Scotland, both becaufe thefe , having hitherto been little heard of, had occafioned Oo difturba ance, and becaufe the Scots had {9 near a pro- hee of feeing them entire! y abforbed in the rights of their foyereignty. But this project, fo happily formed and fo amicably 1291. conducted, failed of fuccefs, by the fudden Norvegian princefs, who expired on her land ‘, and left a very difmal sath of the a re to Scot- ofpect to the kingdom, Though. diforders were for iate authority. of the regency forn d P, Scotland. 5 oa ‘ ; ; = & Rymer, vol, ii, Pp» 482. i og. vol, i, p, 30, ‘Trivet, p. 263 R 4 cefiion wg 248 HISTORY OF ENGLAND, HA P. ¢& AIL. _-—-y difpute; and the 1 2901. of the crown itfelf was now become an object of s could not expeét, that a contro- verfy, which is not ufually dec by reafon and argu- ibly fettled by them, or even Jom, amid{t fo many powerful William, king of Scot- oner by Henry II. being all h of Marearet of Norway ; the right to the crown devolved on the line of David, éarl of extinct by the deat Huntingdon, broth William, whofe male line, being alfo extinct, left the fucceffion open to the pofterity of his daughters. The earl of Huntingdon ha fe three daugh- ters ; lan lord of G: alloway, Tha bella r Bruce, lord of Annandale, } » who efpoufed Henry lord Haftings. Mar- garet, the eldeft of the fifters, left one dar ghter, Dever- gilda, married to John Bal iol, by whom the hada fon of the fame name, 01 of the prefent candidates for the he feco ry > is bo S — et bore a fon, Robert Bruce, who was now alive, and alfo infifted on his claim: Adama the third left a fon, ‘John Haftines, who pretended, that like many other inheritances, the kingdom of Scotland, was divilible among the three dau shters ¢ of the earl of Huntingdon, and that he, in the right of his mother, had a title to a third of it. Baliol and Bruce united acainft Haftings, in maintaining that the kingdom was indivifible; but each of them, fupported by plaufible reafons, afferted the preference of his own title. ° Baliol ras {prung from the elder branch: B ruce was one degree ug Say 4 = "4 f ie : . - “ sr tne common ftock : If the principle of reprefenta- pendance more = angina than if no fealty crown ; the Scottifh 1 at by their powerful eae fome ce, to have When William homage to John at Lincoln, he was careful ert a falvo for his royal dignity! :; When Alexander ince to his father-in-law, Henry II. during nMAfen al Viated all ne) fuch eee ons. 4 Neubr, lib, ii, cap, 4, Knyghton, p- 249% P> 4 ys ? é Een W. AS RD ew EC the wars of the barons, he previoufly procured an ac knowledgment, that this aid. was granted only from _ claimed by the Englifh monarch ‘: And when the fame prince was. invited to friendfhip, not from any rig aflift at the coronation of this very Edward, he declined attendance, till he received a like acknowledg mer Bur as all thefe reafons, (and ftronger could not be produced) were but a feeble rampart ag paint the power of the fword, Edward, carrying with him a great army, which was to enforce his proofs, advanced to the frontiers, and invited the Scottifh parliament and all the competi- tors to attend him in the caftle of Norham, a place fitu- ated on the fouthern banks of the Tweed, in order to determine that caufe, which had been referred to his ar- bitration. But though this ‘deference feemed due to fo great a monarch, and was no more than what his father and» the Englifh barons had, in fimilar circumftances, paid to Lewis [X. the king, careful not to give state, and determined never to produce his claim, till it fhould be too late to think of oppofition, fent the Scottifh ba- rons an acknowledgment, that, though at this time they paffied the frontiers, this ftep fhould never be drawn into precedent, or afford the Englifh kings a pretence for ex- acting a like fubmffion in any future tranfaction ". When the whole Scottifh nation had thus unwarily put themfelves in his power, Edward opened the conferences at Norham: He informed the parliament, by the mouth of Roger le Brabangon,’ his chief jufticiary, that he was come thither to determine the right among the competi- tors to their crown; that he was determined to do ftri¢t ntitled to this juitice to all parties ; and hat he was i authority, not in virtue of the re to him, but kinedom % in quality of fuperior and li re s Rymer, vol t Sre note [B]} at the end of the velinies 129 h0 254 HISTORY OF ENG DARD: CH A He then produced his proofs of this fiiperiority, which he XUII. ‘ ; ; detest Bese to be ungue! able, and he equired of them Ziff 29% an acknowledgment of it; a demand, which was fuper- ; fluous if the fact were already known and avowed, and . which plainly betrays Edward’s confcioufnefs of his lame | he and defective title. The Scotch parliament was aftonifhed Bh) 2 pretenfion, and anfwered only by their filence, Hy in order to maintain the appearance of free | regular proceedings, defired them to remove into their . own country, to deliberate upon his claim, to examine his . proofs, to propofe.all- their ions, and then to inform : him, of their re And he appointed a plain at Up- ' fettleton, on the northern banks of the Tweed, for that ttifh barons affembled in this place, indignation at the:injuftice of this i: unexpeé wht and at the fraud with which it had 7 found themf rayed intoa fituation, in which it was impofible for ‘them’ to make . any defence for the ancient *lib erty and independance'6f 1,-a martial and po- ‘ ful army, ‘lay at avery : -d from them by a river fonda Sat Though by a fudden themfelves be able to make | 1 d they entertain of fecuring future enterprizes ? Without a themfelves, attached all of I title they had rafhly ) ufurper, and who head, w them to v were Said y (eee to an abfolute dependance upon . % £ him; they themfe could only y expect by ftance to entail on a and their more grievous and more in this defperate ftate of 2 barons, as we learn from Wal+ finghamy. T Edward’s claim: Ar + this folution it is , that there could only be two queftions about } ny. that between Baliol and Bruce on the one , and lord Hatin i tition of the crown; ai mielves, concernine titles, fuppofing ; ante hefidec han nine claimants befides; > eee) Sop ee 1 pearea on this occaiion no | John Comyn or Cum Patric Dr nA ; “1 de Mandeville, Robert « ViliO CiaimeG aS ACciFf tO nis J hee NA , f daughter Vlarearet Y, Sc of were © ] a 1 defcended from b ily s others were even { from. i 3. and as none of them hac ] tence of rig is riatu- Ir a4 ret » 3CCrC Q my ture, that Baw ral fo co then to ap} fow the more di tHe 256 i} XII. Ce el 2291. i, HISTORY OF ENGLAND. C H A P. the caufe appear the more intricate, and be able to chufey a ref, rreat number, the moft obfequious candidate, ¢ he found them all equally ol eae i: on this oc- 4 a ONL Robert Bruce was the firft that acknowledged Vs right of fuperiority over Scotland ; and he had »’s pretenfions, that, even in his pe- C the bin yreieen the KI tition, where he fet forth his claim to the crown, he had revioli ITEVIOL tep which was not taken by any of the other candidates a, applied to him as liege lord of the kingdom; a however, with feeming. willingnefs, made a nowledgment when required ; though Baliol, lett ‘e to the Scottifh nation, had taken he firft days; and he was. the eb. Edward next de- yf this creat controverfy. He gave orders, that and fuch of the compet: themfelves, at ort to him‘*: And he pro- mifed in the enfuine year to give his determin Mean wh all the fortr ruifite to have into his hands, in order toe nl — to put the tru ; and both by the ftates and by the heir s exorbitant de- man d was alfo of all the caftles imme- 1; except Umfreville earl without a formal and particular claimants diately refined of Angu acquittal from the parliament and the feveral claimants; z Rymer, vol. il, p. §29, 545. Walling. p, 56. Henving. vol. i. p. $4» 34. Trivet, p.260. M. Weft. p, $15. a Rymer, vol. ii. p. §279 578; 579+ > Ibid. p. 546, © Ibid. ps $555 5508 aoe EDWARD. Tf 257 to furrender his fortreffes. to fo domineer ring an arbiter Ah P who had given to Scotland fo many juft reafons of fuf- o-nmuy : L 1 if ] 1291 picion’. Before this aflembly broke up, whi fuch.a mark of difhonout on the nation, all the prelates and barons there prefent fwore fealty to Edward ; and that prince appointed commiffioners to receive a like o oath from all the other barons and perfons of diftin: Scotland f. Tue king having finally made; as important acquifition, left the commiffiorers to fit at Ber= wick, arid examine a titles of the feveral competitors who claimed the precarious crown, which Edward was willing for fome time to allow the lawful heir to enjoy: He went fouthwards, both in ordey to affift at the funerals of his mother; queen Eleanor, who died about this time, and to compofe fome differences which had arifeh among his principal nobility. Gilbert earl of F Glocefter, the ereateft baron of the kingdom, had efpoufed the king’s daughter; and being elated by that a Suits: and {till more by his own power, which; he thought, fet him above the laws; he permitted his bailiffs and vaflals to commit vio2 lence on the lands of Humphrey Bohun earl of Hereford; who retaliated the injury by like violence; But this was not a reign in which fuch illegal proceedings could pafs with impunity. Edward procured a fentence againft the two earls; committed them both to sets and would hot reftore them to their liberty, till he exaéted a fine of 100 marks from Hereford; and one of 10;000 from his fone in-law: Durinc this interval; the titles of John Baliol and of 1292 Robert Bruce, whofe claims appeared to be the beft founded amorig the competitors for the crown of Scots © Rymer,-volgii, p, 532 E Ibid)’ ps 5734 Vor, Il, w~ hs Aw Edward in favour of Baliol. ea, HISTORY OF ENGLAND. 7 a 1 as Edward, in order to ended decifion, propofed to the commiffioners, and to in Europe; Whether a perfon r, but farther removed by in the fucceffion of kingdoms, ritances, to one defcended ree nearer to the com- mon ftock ? This was »; and the ‘iple of reprefentation had now gained fuch ground that an uniform anfwer was returned to the He therefore pronounced fentence ; and when Bruce, upon this difap- joined afterwards lord Haftings, and claimed > kingdom, which he now ‘pretended to be divifible, Edward, though his interefts feemed more to e partition of Scotland, again pronounced fen- tence in favour of Baliol. ‘That competitor, upon renew- ing his oath of fealty to England, was put in pofleffion et g j g Pp the kingdom £; all his fortrefles were reftored to him* and the conduc of Edward, both in the deliberate folem- nity of the proceedings, and in the juftice of his award, was fo far unexceptionable. Hap the king entertained no other view than that of eftablifhing his fuperiority over Scotland, though the ini- quity of that claim was apparent, and was aggravated by the moft egregious breach’ of truft, he might haye fixed and have left that important acquifition his pretenfions to his Boiss eBint he poise 4 i in fuch 2 ufu censors bes aimed alfo at the abfolute f wnebaiseatk and & Rymer; vol. ii, p, 590, 597, 593, 600. h Rymer; voli ii dominion to «Wa A sD dominion of the kingdom. Inftead of the Scots to the yoke, and exerting his 1 Ul ority with moderation, he encouraged all sto Enc- é oD 5 land; required king John himfelf, by fix dif mons on trivial occafions, to come to Londoni; refufed him the privilege of defending his caufe by a procurator ; and obliged him to appear at the bar of his parliament. as private perfon*. Thefe humiliating demands were hitherto quite unknown to a king of Scotland: T hey are however the neceflary confequence of v: ge by dal law; and as there was no preceding inftance of fuch treatment fubmitted to by a prince of that country, Ed- ward muft, from that circumftance alone, had there re- mained any doubt, have been himfelf convinced, that his claim was altogether an ufurpation*, But his intention plainly was, to enrage Baliol by thefe indignities, to en+ gage him in rebellion, and to aflume the dominion of the ftate as the punifhment of his treafon and fes lony. Accordingly Baliol, though a prince of a foft and gentle fpirit, taeained into Scotland highly provoked at this ufage, and detefmined at all hazards to vindic: liberty ; and the war, which foon after broke out between France and England, gave him a favourable opportunity for executing his ab gid were a epi. tei he BEE PHE violence, robberies, and diforders, to which that age was fo fubjeét, were not confined to the Reenpoes barons and their retainers at land: The f infefted with pyracy: The feeble execut had given licence to all orders’ of*men: appetite for rapine and revenge, {uppo point of honour, had alfo infected’ the merchants and fiariners ; and it pufhed them, by immédiate retaliation upon the agereffors. A Norman on any provocation, to feek redrefs, J * Rymer, vol. ii. p. 602, 609, 606, 608, 616; 616. k Ryley’s Piacit, Parl, p. 1525 153. * S:e note [D] at the end of the volume, S$ 2 and HI TORY P. and Enolith fhip met off the coaft near Bayonne; and beth of them having oc ater, they fent their boats to land, and the feveral crews Came at the fame time to the fame fpring: There enfued a quarrel for the preference: A Norman, drawing his dagger, attempted to Enclifhman flab an 10, grappling with him, threw y on ie sround; and the Norman, as was 5 3 ? rer, was flain!. This 4 y 1 | ng on Als Own Gage } J pretended, between two feamen about water, kindled foon a — 2 bloody war between the two nations, and involved a great part of Europe in the quarrel, The mariners of the Norman fhip carried their complaints to the French: pda enquiring into the fact, without and trouble ‘ } ¢ 4} 4al- KOITe demanding redrefs, bade them take reve him no more about the matter ™. 1e Normans, who had been more regular than ufual in applying to the crown, needed but this hint to proceed to immediate violence. ‘They feized an Englifh fhip in the channel ; and hang- ing, tong with fome dogs, feveral of the crew on the , in prefence of their companions, difmifled the veflel "; ee bade the eae te gt their countrymen, that vengeance was now taken for the blood of the Nor- man killed at Bayonne. This injury, accompanied. with fo general and deliberate an infult, was refented by the mariners of the cinque ports, who, without carrying any complaint to the king, or waiting for ca refs, retaliated by committing like barbarities on all Frénch veflel s with- out diftinction. "Fhe French, provoked by their lofles, preyed on the fhips of all Edward’s fubjeéts, whether Englifh or Gafcon: Fhe fea became a fcene of pyracy between the nations: ‘The fovereigns,. without either fe- conding or repreffing the violence of their fubjects 5 iets to continue indifferent {pectators: The Englifh made pri- fe : 7 Walfing. p. 58. Heming, vol. i. p, 39. m Walling, p- 58+ 2 Heming. vol. i, pe 4a. M. W vate E.D.W A RD i, y 20% vate aflociations with the Irifh and Dutch feamen; the CH A P, French with the Flemifh and Genoefe °.: And the ani- d Ss bec: ame eyery day people on both fix mofities of the more violent and A. fleet.of two h undred Norman yeflels fet fail to the fouth for sins. and other commodities ; and in their paflage, feized all the Englifh fhips which they met with; haneed the — and - feized the goods. The inhabitants of the Enelith fea- ports, informed of this event, fitted out,a fleet of fixty fail; itronger and. better manned than the others, and awaited the enemy on their return. After an obftinate battle, they put them to rout, and funk, deftroyed, or took the creat= SF er part of them ?.. No quarter was given, andvit is pre- tended, that the lofs of the French on this occafion amounted to 15,009. men: Which is accounted for by this circumftanée, that. the Norman flect was employed in tranfporting a confiderable body of foldiers from. the fouth, aml Tue affair was now become too important to be any longer overlooked by the fovereigns.. On Philip’s fending an envoy te demand reparation and reftitution, the king difpatched the bifhop of London to the French court, in order to accommodate the quarrel. ‘He firft faid, that the Englifh courts of juftice were open to all men; and if any Frenchman were injured, he might f{zek reparation by courfe of law, . He next offered to adjuft the matter by private arbiters, or by a perfonal interview with the king of France, or by a reference either to the pope or the college of cardinals, or any cacieg cardinals, agreed on by bath parties". The French, probably the more difguited, as they were hitherto lofers in the quarrel, re- fufed all thefe expedients :; The veflels and the goods of merchants were confifcated on both fides: Depredations were Continued by the Gafcons on the ‘wel ern coaft of Heming. vol. i. p. 40. p Walfing, p. 60, Trivet, p. 274¢ Chron, Dunft, vol. ii, p. 609. q Taivet, p. 275. t Ibid. S $3 France, XIIl, + ) ee 2 fe to Bourdeaux, and direétions to put Guienne in a pofture of de- sence”. t he might however prevent a final rupture be- t he nations, the king difpatched his brother, Ed- mo! to Paris: and as this prince had efpo: her to Jane, queen of nat alliance, the moft teemed, on a for finding expedients to accomm odate the two princefles told Ed- tance, the moft difficult to adjuft, int of honour with Philip, who pes 6 him- tted againit ft him by juries commi But if once feel would give him ees and pofleffion of that prov ince, he would think his honour fully repaired, would engage fo reftore Guienne immediately, and would accept of a very eafy fatisfaction for all the other injuries. The king was confulted on this occafion ; and as he then found him- {elf in immediate danger of war with the Scots, wh nich he as the more important concern, this poli ar Fee ee e, blinded by his favourite paffion for fubduing that allowed himfelf to be deceived by fo grofs an ar- ent his to fion and execute ts p. 276. t Rymer, vol, ii. p. 619, 620, Walfing. p. 61. vy _ Ae - ~~ Fleming, vol, i. p. 42, 43. Trivet, po 377 BibDy:W A.cR sD f But the French monarch was no fooner put of Guienne, than th 1 condemned for non-appez RE io Sree Se 3 ance; ana \yulenne, vy a for- ( enc Taved’ én he TS see : mal fentence, was declared to be forfeited and annexed to the crown", Epwarp,-fallen into a like h that whic rit lt himfelf had fpread for the Scots, was enraged more fo, as he wa: juftly afhamed of his ow oufly over-reachec being fo eg 1- by the court of F Senfible of retained a fingle compenfate that by forming es European princes, who, he pi 5 fhould attack France on all quarters, and make a these of Shite forces. Adolphus de Naflau, king of the Romans, entered into a treaty with him for that pu count of Savoy, the archb of Gueldre and Luxembo count of Barre, who h Margaret and Eleanor: B iahces were extreme! t thefp al ut thefe all 1 burdenfome to his narrow revenues, and proved in the iffue entirely ineffeCtual. More impreflion was made on Guienne by an Eneclifh army, which he completed b y Ys k y emptying the jails of many thoufand thieves and robbers, who had been confined there for their crimes. So low had the profeffion of arms fallen, and fo much had it de- 1: } uich it ftood during generated from the eftimation in w the vigour of the feudal fyftem ! aetz ats Tue king | eonttary winds ? | invafion, and by a rebellion of the Welfh, whom he re- u Rymer, vol. ii, p. 620, 622, Walling. p. 6 Ww Heming, vol, is Posh. x Ci ORY OF ENGLAND. ‘The arm > led by his ne- e Bretagne, earl of Richmond, and under him by St. John, Tibetot, de Vere, and other officers of i the town >, Rions, St. Se- Bourdeaux, and ea and mi The Ge to the 4 Eneli ifh ] 4 its communica favour, which the Gafco facilitated tl ts, and retiie to >; but this advantage was ie mifconduét of fome of the officers. Phi- Char! who commanded the ‘rench armic avi to Podenfac, ‘a fmall fortrefs near a ard, the gov aes to ca ; and the articles, though favourable to the Englith, left all the Gafcons prifoners at difcretion, of whom about fifty were hanged by Charles as rebels: A sy, by which he both intimidated that people, and an irreparable breach between them and the *, ‘That prince immediately attacked Rions, ear] of Richmond himf{ 1 commanded ; and as . i 134} APY Jp the -nglifh general drew his itention of embark- part of the army. ‘The enraged fell upon his rear, and at the fame time opene ates to me French, who, befides making themfelves place, took many prifoners of diftinétion 5 more vigoroufly defended t DY Hugh de Vere, rl of Ox ford 3 but was at laft o 2. Chron, a Heming. ——— io Dp Ww AR D -I. 265 and by 2 fudden attempt, his troops took and burnt Do-C HA P. Xill. ver >, but were obliged foon after toretire. And in order iy to make a greater d lith force, and en- 1295. gace Edw hinds n ats rerous and im t wars, he formed © of Scotland; the commencement of that ftri€t union, which, during fo Gas Peat a fecret alliance with John Baliol, ~—- y centuries, was maintained, by mutual interefts and bees the French and ifh nations, John confirmed this alliance by x a marriage ft 4 hilip de Va- between his eldeft-fon and the daa Digreffion ‘THE expences attending thefe multiplied wars of Ed- oS and his preparations for war, joined to alterations the conttitue 1 : tion of par which had infenfibly taken place“in the general ftate of) 7 ou. war affairs, obliged him to have frequent recourfe to parlia- mentary fupplies, introduced the lower orders of the ftate into the public councils, and laid the foundations of great and important changes in the government. ‘THouGH nothing could be worfe calculated for culti- yating the arts of peace or maintaining peace itfelf, than the long fubordination of vaflalage from the king to the meanelt gentleman, “and the confequent flavery of the dower people; evils infeparable from the feudal fyftem ; that {yftem was never able to fix the ftate in a proper war- like pofture, or give it the full exertion of its power for defence, and {till lefs for offence, againft a public énemy, The military tenants, unacquainted with obedience, un- experienced in war, held a rank in the treops by their birth, not by their merits or fervices; compofed a difor- derly and confequently a feeble army; and during the few days, which they were obliged by their tenures to re- main in the field, were often more formidable to their ewn prince than to foreign powers, againft whom they were aflembled, The fovereigns came gradually to difufe Trivet, p. 284. Chron, Dunft, vol. ii, p, 642. ¢ Rymer, yl, ii. p. 680, 681, 695. 697. Heming, vol. i, p. 76, Trivet, p. 285. this this cumberfome and upon the hand which held it ; and exchanging the mili- s é oe s 1:0 o tary. fervice for sy inlilted forces by ith particular offic 's, (fuch as thofe teri) whom they The barons and’ knights them- thefe engagements with the prince; 4 - byes felves often entered into ffals and tenants, 1 and from the great numbers of loofe, diforderly people, wnom they id on their eftates, and who willingly em- Orace anh opt View 4s UO} CG ¢ PI ying their appetite for war } rapine, } 1 ] 2AN-WHILE, the old Gothic fabric, being neglected, h the Conqueror had 7 ally to decay. Tho 11 all the lands of England into fixty thoufand knights’ fees, the number of thefe was infenfibly dimi- ied by various artifices; and the king at laft found, by. putti the law in execution, he could aflemble nart only i part ony cient force of the kingdom, It was an ufual expedient for men, who held of the king or orear Dp itary.tenure, to transfer their Jand to sf the church, and receive it back by another tenure called frankalmoigne, by which they were not bound to perform any. fervice*.. A law was. made this practice; but the abufe had probably gone far before it was attended to, and probably was not entirely correGted by the new ftatute, which, like moft laws of that age, we may cone jecture to have been but feebly executed by the mag o 5 iftrate inft the perpetual intereft of fo many individuals. le and marefchal, when they muftered the armies, often, in a hurry, and for want of better infor- mation, received the fervice of a baron for fewer knight’s fees, than were due by him; and one precedent of this 1» € Cotton’s Abr. p, 1%» © Madox’s Baronia Anglica, p, 114+ “4 kine Fm * ~, yea no care was taken to correét them before th oned into the field § ; it was then too late me me XE ice was accepted on the footing the vaflal himf he pleafed to: G nowledge, after i all the various fubdivifions and of pro perty, by axyter 1 extent of his had thrown an obfcurity tenure", It is eafy to ae of the intricacies which would attend difputes of this kind with individuals ; when even the number of military fees, belonging to the chur rch, whofe property was fixed and unalienable, rea the fubject of controverfy ; and we find in Seene that, then the bifhop of Durham was charged with feventy nts’ fees for the aid levied on the marriage of Henry II.’s daughter to the duke ledged ten, and difowned the othe e of Saxony, the prelate acknow- er fixty '. It is not known in what manner t! difference was terminated ; but had the queftion been concer rning an armament to de- fend the kingdom, the bifhop’s fervice would probably have been received without oppofition for ten fees ; and rt ; 1 ] ate muft alfo have fixed all his as payments. ary fcutages, therefore, dim inifhed as much as mi- bay fervices k: Other methods o I he exchequer as well as the armies muft be devifed: New fituations f Mzdox’s Baronia Anglica, p. 115s & We hear only of one king, Henry H. who took this pains; and the re- cord, called Liber niger Scaccarii, was the refult of it. h Madox; Bar, Ang. p, 179. i Ibid. p. 122. “Hitt. of Exch. Bs 404+ k In order to p fam of r00,0co marks, as king Richard’s ranfom, + twenty fhillings v mpefed on each knight’s fee. Had the fees remained on the original footing, as fettled by the conqueror, age would have amounted to 90,000 marks, which was nearly the fum miei But we find, that many other grievous ta ofed to-somplete it: A certain proof, ny frauds and abufes ha - rials in the roll of kyr s fees. prod uced me ever C HLA The rolls of XU. aw 1295+ SF, HISTORY OF ENGEANG A Pp pro Iiyned new laws thie tie VUULOCU LAV HE, ‘ we, ations in the nnanc« 3295. as well as in priva innovations in eve ment i HE exorbit eftates, conferred by the Norman on his barons and chieftains, remained not lon entire and + re, | t } — | AKAN rEty sac raat impaired. “Fhe landed property was gradu e wren iito more ha $5; and thole immenie i = ae | ] +41 7 4 Le i wel Pg geht let } divided, either by provifions to younger children, by par- titior ing to the ine ers, by a S, puch E ; iat ; Fa moderate s they required ceconomy, and confined the prop: e better calculate b peers Wis p + Sy. pee ¢ ae 14.) curation ; d the order of knights and {mall barons lailvy more merniie. ar 7T >, farm 2 reine daily more numerous, and began to form a very 1 ipect- 5 torder in the ftate. As they were all im- mediate yailals of the crown by military tenure, el of the feudal law, equ barons to a feat in t dene or right, though regarded as 4 O = et he owners would not entirely relinquifh, was alfo confidered as a burthen, which they defired to be ay 2 2% ser ten AKA + hee 7 1 Tt +t cited to on extraordinary occafions only. Hence 1 s provided in the charter of king John, that, while the great barons were fummoned fo the national council by a } r me SFE cf barons, under which appella: weYe sia he vere alfo comprehended, fhould only be oar | tate ch al f The di called by al fummons of the fheriff. “The diftine- tion between great and {mall baron s, like that between rich and poor, was not exactly defined ; but, agreeably ‘ } = to the inaccurate zenius of that age and to the fimplicity of ancient government, - was left very-much to be dete mined by the difcretion of the king and his minifters. — an Bead WW 3A R= De ty 26g 4¥as ufual for the prince to require, by a pat cular fum-C ae P, } 4 A . f . ar 7¢ 11°C ar 1¢ 1p 7 7 aa mons, ‘the attendance of a baron in one parliament, and , ; fo neglect him in future pafliaments!; nor was this un-, 1295: certainty ever complained of as an injuty. He attended when required: He was better pleafed on other occafions to be exempted from the burthen: And as he was ac- knowl d to be of the fame order with the greateft ba- rons, it cave them no furprize to fee him take his feat in the it council, whether he appeared of his own accord, or by a particular fummons from the king. The barons by /Vrit, therefore, began gradually to intermix them- felve swith the ancient barons by Tenure ; and, as Camden fells us", from an ancient manufcript, now loft, that, after the battle of Evefham, a pofitive law was enacted, prohibiting every baron from appearing in parliament, who was not invited thither by a particular fummons, the whole baronage of England held thenceforward their feat by writ, and ‘this important privilege of their tenures was in effect abolifhed. Only, where writs had been regularly continued for fome time in one great family, the omiffion of them would have been regarded as an affront, and even as an injury. A LiKE alteration gradually took place in the order of earls, who were the higheft rank of barons. ‘The dignity of an earl like that of a baron, was anciently territo- rial and offici He exercifed jurifdiction within his county : He levied the third of the fines to his own pro- fit: He was at once a civil and a military magiftrate : And though his authority, from the time of the Norman conqueft, was hereditary in England, the title was fo much connected. with the office, that, where the king intended to create a new earl, he had no other expedient than to erect a certain territory into a county or earldom, 1 Chancellor Weft’s enquiry into the manner of creating peers, p. 43) 46, 475 55s m In Britanm, p, 122, n Spellm. Gloff, in voce Somes. and HISTORY OF ENGLAND: rfon and his family °. But re the vice-gerents of the earls; 1amed by the king, and removeable at pleafure, he ant upon him ; and endeavoured nd j A rifdiction of the office rate was at the head of the ne’s rents within his county; ifure the tal of the inhabitants in He had ufually committed to him the He prefided in the lower courts of judicature : And thus, though in- management of wards and often of efcheats : ferior to the earl in dignity, he was foon confidered, by this ] me nor union of the judicial and fifcal powers, and by the confi- dence repofed in him by the king, as much fuperior to dermined his influence within him in aout his own juriid became ufual, in creating an earl, td give hi le falary, commonly about twenty pounds a year, in lieu of his third of the fines: The di- minution of his power kept pace with the retrenchment of his profit: And the dignity of earl, inftead of being territorial and official, dwindled into perfonal and titular, L } alterations, which already had fully Such were the mighty taken place, or were gradually advancing, in the houfe of peers ; that is, in the parliament: For there feems an- ciently to have been no other houfe. Bur thou he introduction of batons by writ, and ILTO ] a] of titular cae had given fome encreafe to roy ral autho- rity ; J 3 thofe innovations, and tended in a higher degree to di- there were other caufes, which counterbalariced minifh the power of the fovereign. The difufe, into which the feud al militia had in a great meafure fallen, © Efiays on Bri ith antiquities, This praG@ice, however, feems to have been more familiar in Scotland and the kingdoms ‘on the continent, than ia England, p There are inftances of princes of the blood who accepted of the office of made Et WEAR: DT, made the barons almoft entirely forget their dependence C HA Ps on the crown: By the Gihinition of the number of , knights fees, the king had no reafonable compenfatios i when he lev ied {cutages and exchanged their. fervice for money: ‘The alienations of the crown lands had reduced . him to poverty : And above all, the conceffion of the Great Charter had fet bounds to royal. power, and had rendered it more difficult and dangerous for the prince to exert any extraordinary act of a arbitrary authotity. In this fituation it was natural for the king’ to court. the friendfhip of the lefler barons and knights, whofe influ- ence was nowife dangerous to him, and who, being ex- pofed to oppreflion from their powerful neighbours, fought a legal protection under the fhadow of the throne. He defired, therefore, to. have their prefence in parlia~ ment, where they ferved to controul the turbulent refo- lutions of the great. To exact a regular attendance of the whole body would have produced confufion, and would have impofed too heavy a burden upon them. To fummon only a few by writ, though it was practifed and had a good effect, ferved not entirely the king’s purpofe ; becaufe thefe members had no farther authority than at- tended their perfonal character, and were eclipfed by the appearance of the more powerful nobility. He therefore difpenfed with the attendance of moft of the leffer barons in parliament; and in return for this indulgence, (for fuch it was then efteemed) required them to chu‘e in ‘each county a certain number of their own body, whofe charges they bore, and who, having gained the confi- ditice: carried with them, of courfe, the authority of the whole order. This expedient had been practifed at different times, in the reign of Henry TII.¢ and regilarly, during that of the prefent | king. “Che numbers fent up @ Rot, Clauf, 38°Hen. Il. mo7. and1zd.: As.alfo Rot, Clauf, 42 Hens II, m.1.d, Prynne’s pref, to Cotton’s Abridgment, by —— Xili. heres 7 eel :) 1295s 7h XII, 295 oe HISTORY OF ENGHUAND.: CHAP, by each county varied at the will of the prince rs They w—— took their feat among the other peers; becaufe by their tenure they belonged to that order*: ‘The introducing of them into that houfe fcarcely appeared an innovation: And though it was eafily in the king’s power, by varying their number, to command the refolutions of the whole parliament, this circumftance was little attended to, in an age when force was more prevalent than laws, and when a refolution, though taken by the majority of a legal aflembly, could not be executed, if it oppofed the will of the more powerful minority. Bur there were other important cor ences, which fol- lowed the diminution and confequent difufe of the ancient feudal militia. The king’s expence, in levying and main- taining a military force for every enterprize, was encreafed beyond what his narrow revenues were able to bear: As the fcutages of his military tenants, which were accepted in lieu of their perfonal fervice, had fallen to nothing ; there were no means of fupply but from voluntary aids granted him by the parliament and clergy: Or from the talliages which he might levy upon the towns and inhabitants in royal demefne. In the preceding year, Edward had been obliged to exact no lefs than the fixth of all moveables from the laity, and a moiety of all ecclefiaftical benefi- ces t for his expedition into Poictou, and the fuppreffion » f the Welfh: And this diftrefsful fituation, which was likely often to return upon him and his fuccefiors, made refenta- him think of a new device, and fummon the rep: tives of all] the boroughs to parliament. This period, which is the twenty-third of his reign, feems to be the real and true epoch of the houfe of commons ; and the firft faint dawn of popular government in England: * Brady’s-anfwer to Petyt, fromthe records, p. 15% s Brady's Treatife of Boroughs, App. N°, 13, t Ibid. p. 31. from the records. Heming. vol, is ps 5t0 Mi, Weft, p. qzae Ryley, p. 4626 For PD WAS RD loom sy SN 7s rc ° . ‘or the reprefentatives of ties from the fmaller barons < former precedent of repref who were fummoned_ by oarded as the aét of a vio been dif- 5 1d continued in all the fubfequent parliaments, and if fuch a meafure had not become neceflary on other accounts, that example was more likely to blaft than give credit to it. Durtinc the courfe of near two centuries, the kings of England, in imitation of other European princes, had 1 embraced the falutary policy of encouragit g and protect- ing the lower and more induftrious erders of the fta e; whom they found well difpofed to obey the laws and ci vil magiftrate, and whofe ingenuity and labour furnifhed nm * Fi te = sha > - } - + nt a Ved > J a? commosities, requilite for the ornament of peace and fup- port of war. Though the inhabit: Hill left at the dif, tempts w r and liberty to citizens, ted the fruits of their induf within the dem confer-= red upon them* The inhabitants were allowed to farm at = Pw } s a fixed rent fhadow of pa vai priviege ) king, howe V alliatiret tink Gilsatiy the tne Alitt, of ck Ve. Ii, hoon the ace made thefe demands "ent Cache uninited aulnon xorbitant, fuch unlimited authority , fenfible check upon commerce, and with all the principles of a freg the multiplied necedflities of the OV nent. crown pt greater avidity for fupply, the king, whofe pre . entitled him to exaG it, found that he had not powe! ‘ent to enforce his edi¢ts, and that it was neceflary, before he impofed taxes, to fmooth the way for his demand, and to obtain the prev ious confent of the by folicitations, remonftrances, and au- thorit TI venience of tranfacting this bufinefs with eve borough was foon felt ; and Edwaré oft expeditious way of obtain- r prefence, and to require their con- tc is of their fovereign. For this reafon, ‘ued writs to the fheriffs, enjoining them to fend to hts of the fhire, two hin their county’, and wit fufficient powers from their commu- nity, to cor in their name, to what he and his council fhould require of them. 4s it is a moft equitable rule, fays he, in his this writ, that what con- cern all; and common dangers be i noble principle, which may a liberal mind in the king, and The writs of the return of knights is demonftration, that this which Pb Wak pt. 27g which laid the foundation of a free and an equitable go- C A P, yernment. en pmo! AFTER the election of thefe deputies, by the aldermen 1295+ and common council, they gave furetics for their attend- ance before the king and parliament: Their charges were refpectively borne by the borough, which fent them: And they had fo little idea of appear ing as legiflators, a character extremely wide of their low rank and condi- tion *, that no intelligence could be more difacreeable 1 to any borough, than to find that they muft ele&, or to any individual than that he was elected, to a truft from which no profit or honour could poffibly be derived », ‘They compofed not, properly fpeakine, part of the parliament : barons and knights ¢, SE eae | pce CS require i Cm, Ts : ; ESS finifhed, they feparated, even thouch the p $ I ee Pe J {4 Sa derirl.fcatesrsean £. L = : ] continued to iit, and to canvafs the nationa And as they all confifted of men, who were real bu; of the place from which they were fent when he found ho perfon of abili in his returns; and as he the thanks of the people for this indulgence, he gave no a | ee j difpleafure to the court, who levied on all the borouchs 1 without diftinétion, the tax agreed to by the n deputies ©, THE @ Reliquie Spellm, p. 64. Prynne’s pref. to Cotton’s Abridg. and the Abridg. paflim, b Brady of Boroughs, Pp. 59, 60. © Ibid. P. 37, 38. from the records, and append. p. 19. Alfo his append, to his anfw. toPetyt, Record. And his gloff. in Verb. Communitas Regn. p. 33s 4 Ryley’s Placit, Parl. p. 241, 242 © Brady of Boroughs, p. 52. from nof E &c. Cotton’s Abridg, p- 14. se There iseven an inftance : in the re Id, anfw, able and creditable to Petyt, p. 161. was not to check the Ty Js is f ; from the neh luall Wei t to the whole order ; fit became cuiton or them, in return for the fupplies Ee | ns to the crown fo r f i tar ore. e. ( t Cc ~ } . L ity : 1 the ‘prince found it diffi- Cl refufe men, had fi thro to V é 1 we mMigcnt 2 1 >h courfe. Dhe commons however ‘ { belov nk of legiflators f.~ Their received a verbal affent from the ' e, 1 ‘ly the rudiments: of laws: The judges y e 1 with the power of putting f An ek by adding to them the fanct is authority, and that fometimes without the t beftowed y upon them. : ne fo much-as to perceive the dan- ( i i No man was difpleafed, that t ¢ ~ at the defire of any clafs of men, fhould iffu ’ h appeared only to concern that clals; : C fo near poffeffing the whole Leg IOV oe Ac uid i a >) LiLo | I cA é 11€S. ( 4 ‘ pate hou i , thereto powerful order in : ar a. 1 he t reafon exp their aflent fhould be i but to reafon with him and confent to his demands. It not tit reign of 4 Lf, that the theriffs were deprived of the power ° > Richard IL. caps 4+ EDWARD 1, 27 exprefsly granted to all public ordinances *£: And in the C HAP. reicn of Henry V. the commons requi § ) fhould be framed merely upon tl ‘a TPR OTA | EZ } ftatutes were worded by th houfe in the form of a bill *. Burt as the fame caufes, whi tion of — continued {till to operate ; f knights and lefler b sibs j a ran ftill more inferior to the gr quality of tenure was loft in t he Gr orit power I he perty ; and the houfe of reprefentatives frony the countics was gradually feparated. from tha a diftin&t order in the ftate i, 1 meanwhile, augmer d the private wealth and ‘confidera- : ; oe tion of the burs: the frequent demands “of * the crown encreafed their public importanc nd as they re- fembled the knishts of fhires in one matetial-circum- {tance, that of no longer appeared unfui the fame houfe, and tc k leges ©. reached at laft its prefent gentlemen made thenc the haeaben was entirely loft, and the lower houfe act J > thence a eftate was kinedom. £ In thofe ir found in C pears to anfwer of himfelf the petitions of the commons, he probably exerted no more than that power, which was long inherent in the crown, of regu- ating matters by royal ediéts or proclamations. But no durable or genera fiatute feems ever to have been made by the king from the petition of the commons alone, without the affent of the peers.’ It is more likely, that the peers alone, without the commons, would enact ftatutes. h Brady’s anfwer to Petyt, p. $5. from the records. i Cotton's ement, p. ¥3, k See note [F] at the endof the volume. 43 3 very exercifes d with fo much advantage to the pr x and controuling the authority of the king, they were naturally induced to adhere to him, as the great fountain of law and juftice, and to fupport him againft the power of the ariftocracy, which at once was the fource of oppref- lifturbed him in the execution fion to themfelves, an of the laws. in his turn, gave countenance to an order of men, fo ufeful and fo little dangerous: The rae alfo were obliged to pay them fome confideration : nd by this means, the third-eftate, formerly fo abject in oP land, as well as in all other Euro yean nations, rofe by > ? J flow degrees to their prefent importance; and in their mF ? and commerce, the neceflary attend- progrefs made ants of liberty and equality, flourifh in the kingdom '. Y> § r eos, that the commencement of Wuar fufficientl the houfe of burgeffes, who are the true commons, was not an affair of chance, but arofe from the neceffities of the prefent fituation, is, that Edward, at the bees fame noned deputies from the inferior clergy, the -xmet in England ™, and he required them to on their conftituents for the public fervice. ces bore no part of the I pe indeed of late had often burthens of levied impofitions upon them : He had fometimes granted g this power to the fovereign ": The king himfelf had in the by menaces and = a very : But as 1 f. ~ @) the fubject to any extraor , Edwaf found it more prudent to affembl houfe of con- 1 See note [G] at the end of the volume: Archbifhop Wake’s s ’ re r Enalanad o Ste Church of England, p, 235. Brady of acai Pe 34 Gile bert’s Hift, of the Exch, p. 462 n Ann, Waverl, p. 2275 228s T, Wykes, p. g9, 120, vocation, Bea WA Rea T, 279 vocation, to lay before them his nec fome fupply. But on this occafion he ties. Seyi ye a he clergy thought the fut web? their aflent to the kit n their moveables; and it was not a that, on their perfifting in this refufal, he was willing to accept of atenth. The barons and knights cranted him, without hefitation, an eleventh; the bureeffes, a feventh. But the clergy ftill fcrupled to meet on the kt writ; left knowledge the authority of the temporal power : And this compromife was at laft fallen upon, that the kin ifhop; and that the archbifhop iffue his writ to the archb fhould, in confequence of it, fummon the clergy, who as they then ap Se Bate longer heiit ared to obey their fpiritual fuperior, no to meet in convocation.. This expe- ope j aS aa Ne dient, howev why the $ ‘were feparated into two houfes of convocation, under their as in feveral archbifhops, and fermed not one e other countries of Europe; which was at firft the king’s intention °. We now fréturn to the courfe of our na- ration. of Scots, inforn EpWARD, confcious of the reafons of difeuft which he had given to the kin: of the dif- pofitions of that people, and expecting the moft violent rc s&s of their refentment, which he knew he had fo l mn Ori tp Thon 5 +4 merited ; employed’ the fupplies, anted him by his re oP 7 the hoftilities of people, in making preparations his northern nei ur. When ut this fituation, he re- + = ceived intelligence of the treaty tween John and Philip; and thoug ecretly ie pha be- h uneaf currence of a French and Scotch war, he refolved not ® Gilbert’s Hit, of Exch, p. 54, 545 T 4 to rorces againit an invaiion irom s#rance, vith fucceflive A SOS nortn ws Stes hint Ee rs thao cee vinces which Edward was preparing to attack. But ae | Ors » (San FS | : } a re a ae 1e moft confiderable of the Scottifh nobles, iome or t her and fon, the earls of March and the ruin of their country, from inteftine divifions and a foreign inva- es with Ed- ratiate them endeavoured here to ine ; and the king, encour by this favourable incident, led his army into the enemies’ country, and the I'weed without oppofition at ived a meflage from John, by elf and hic ha nh 7 os 3 » him which that p1 now procured, for hin his n ”’s difpenfation from former homage which had been done to it; = ey 74 Gq BHemin : rivet, p. 226. Fleming. vol,i. p. 75. ae EoD, W ALR D1. T j 1 Gncetcar ig ba NG meetin Mg fne rd at denance’’, This bravado ‘ g was but ill fup of bn a EE a “XT pcots. perwic ir Wail Warrenne with-12,000 men, to which was defended by the flows bility. THE Scors,, fenfible of .the importance. of which, if tak laid their whole country. open their main army, under t ian, .Lenox, and Marre, in enemy ade * enemy, advancec mand of the earls of Buct order to relieve it. Warrenne, not difmayed at the great fuperiority of their number, marched out to give them 1 batt! I + 72 1 s+} a4 om e. He attacked them with. creat vi lifciplined troops. when numerous. are but the mor ‘ diiciplined troops, when numerous, are but the more ex- i 3 i re } } + pofed to a panic upon ¢ aiarm, A on tnrew t to confulion, and an’ aflured f 1 ° , Sis James, ite ee noble from whom is d il family of Stuart, agair Sy be | r obliged to fe PR eee ee SS Pea EN eo After.a feeble refift- ] Ba Sc Wigs iy a ret) uUron ana oOriril = ance, the r opened their eates to the enen d ‘n parts were inftantly fubdued by the Englifh ; and to enable them the better to Ci reduce the northern, whofe inacceffible fituation feemed to give them. fome more fecurity, Edward fent for a ftrong reinforcement of Welfh and Irifh, who, being 5 * Rymer, vol, ii, p. 607. Walfing, p. 66, Heming, vol. i. p. 92- accuftomed a7th April. NGLAND. es | Cc { oméd to a defultory kind of war, wete the beft tted to purfue the fugitive Scots into the recefles of their + 2 * accl lakes and mountains. it of the nation was and the feeble and > henbkan y bpro«en 1 timid Baliol, difcontented with his own fubjeéts, and over-awed by the Englifh, abandonéd all thofe refourcés, his people might yet have poffefled itt this extre- He haftened to make his fubmiffions to Edwatd; led the deepeft penitence for his difloyalty to his mn and irrevocable tefigna- tion of his crown into the hands of that monarch °, rard marched northwards to Aberdeen and Elsit, meeting an enemy: No Scotchman approached but to pay him fubmiffion and n the turbulent nders, ever refractory to theit own princes, and averfe to the reftraint of laws, éndea- 1 youred to prevent the heir country, by him early proofs of And Edward, J a 1 vhole kingdom to a feeming ftate of 1 debi’ to the fouth with his army. There to which the popular fuperftition of the Seots paid the higheft veneration : All their kings were ed on it; when they received the rite of inauguration: An ient tradition affured them, wherever this {tone was placed, their nation fhould always govern: And it was carefully y preferved at e, as the true i f ¢heir Sarria lm or their mona cny, Body the + indepstd nce of p. 67. Heming. vol. i. p. 99° . Trivet, p. 299+ preferved E D W A R D j, 233 preferved in their convents : But it is not probable, that C oe P, anation, fo rude and unpolifhed, fhould be poffefled of ; any hiftory, which deferves much to be regretted. The 1298. great feal of Baliol was broken ; and that prince himfelf was carried a prifoner to London, and committed to cuf- tody in the Tower. ‘Two years after, he was reftored to liberty, and fubmitted to a voluntary banifhment in France; where, without making any farther attempts for the recovery of his royalty, he died in a private fta- tion. Earl Warrenne was left governor of Scotland": Englifhmen were entrufted with all the chief offices : And Edward, flattering himfelf that he had attained the end of all his wifhes, and that the numerous aéts of fraud and violence, which he had practifed againft Scotland, had terminated in the final reduétion of that kingdom, returned with his victorious army into England. Aw attempt, which he made about the fame time, for War with the recovery of Guienne, was not equally fuccefsful. He — fent thither an army of 7000 men, under the, com mand of his brother the earl of Lancafter. That prince gained at firft fome advantages over the French at Bourdeaux : But he was foon after feized with a diftemper, of which he died at Bayonne. The command devolved on the earl of Lincoln, who was not able to perform any thing con- fiderable during the reft of the campaign ™. Bur the aCtive and ambitious fpirit of Edward, while his conquefts brought fuch confiderable acceffions to the Englifh monarchy, could not be fatished, fo long as Guienne, the ancient patrimony of his family, was wrefted from him by the difhioneft artifices of the Frerich monarch. Finding, that the diftance of that province rendered all his efforts againft it feeble and uncertain, he propofed to attack France in a quarter where fhe appeared more vul- u Rymer, vol.ii. p. 726. Trivet, ps 295. ® Heming, vol. i. Pe 7273: 74 nerable ; 5, and projected | ’ Beat mn h. their united 1, j r Mh € re ic noped, ] f f the Enolith, F lem 4 } LK j “ ha ‘ , to Whom ne had prom fed Litted fhould enter the ht : Fran Philip would laft be obliged to reling und pur- , pi WeE { wit e ; z i fees Beit mah re int Py ey Ae ares ee RT MER it ene Kniohits a new ecrant of ait welfth of all their moveabies, ' ; the ] a a / ind from tne v«¢ iS, an ¢ i ne > latter, 4 i | i . it i | ; o have as 1 Dy eae ear Wi «Tey k is 1s seat refolvye to load them with itll more con able 1mpoli- tions, 2 ,oveables. > 1, papers (eso h ome time Vt | . | # % ECS i ra ey Bi s a man of the moft f, Ciclzye not endowed ion in. men i ity of pow er, to himfelf as the®° common order Lt againft all. invaders. - 1 ve early in his eee te a- ge princes from levying without his co the clergy, and o “cles rgymen from: fu and he threatened both of them with the excommunication in cafe of difobedience 7, penaltie: This important edit is ‘faid to have been procured by the folicitation of Robert de Winchelfey archbit 10 who intended to employ it as a rar lent extortions, which the church Edward, and greater, which that plied neceffities gave them reafon ey therefore, was made on their moveables, a tax which grievous than a fifth of their moftly ftocked with their cattle, 1 iains; the ck R Bonifz ACe, ¢ ind pt leaded confcienc The king came not immediat: pulfe; but after locking up all and prohibiting all rent to be hew fynod, to confer v primate, not difmayed by thefe lution, here plainly told him, that the clergy owed obe- dience to two fovereigns, their {pir d their y Rymer, vol. ii. p. 706. Heming, vol. i. p. tog. z Eiemings wol. i. p.107. Trivet, p. 296; Chron, Danft, val. iin p. 652. ral 5 €WAP.ral; but their XU. ENGLAND. bound them to a much ftriger e—,—_ attachment to the former than to the latter: They could 2290. E297. not comply with his commands, (for fuch, in fome meafure, the requefts of the crown were then deemed) in contradiction to the exprefs prohibition of the foye- reign pontiff *, Tue clergy had feen in many inftances, that Edward paid little regard to thofe numerous privileges, on which they fet fo high a value. He had formerly feized, in an arbitrary manner, all the money and plate lodged in the churches and convents, and had applied them to the pub- lic fervice ® ; and they could not but expe& more violent treatment on this fharp Pebe-a grounded on fuch dan- gerous principles. Inftead of applying to the pope fora uxation of his bull, he refolved immediately to employ e power in his hands; and he told the ecclefiaftics, that, fince they refnted to fupport the civil government, they were unworthy to receive any benefit from it; and he would accordingly put them out of the protection of the laws. ‘This vigorous meafure was immediately carried into execution’. Orders were iffued to the judges to ree ceive no caufe brought before them by the clergy; to hear and decide all car in which el: were defendants: To do every man juftice againft them; to do them juftice againft no body*. The ccd uftics foon found them- Po in the moft miferable fituation imaginable. “They could not remain in their own houfes or conyents for rant of fubfiftence : If they went abroad, in queft of senielnee they were difmo ee robbed. of their horfes and cloaths, abufed | by every ruffian, and no re- drefs could be obtained by them for the moft violent in- jury. The primate himfel If was attacked on the highway, 3 Heming. vol. i. p, 107. b g Heming. vol. is P: $1. © Walfing. p, 69. Heming. vol. i, p. 1070 a M. Weft, p. 429, Bapww A eR ps -T. was {tripped of all his equipage and furniture, ¥' laft reduced to beard. himfelf with .a fingle ferva The king, me remained an Scat. fpectator of all thefe and without e mploying } his officers in committing any im- mediate inj y on the priefts, which might have aapened invidious and opprei he took ample vengeance on rr j hous! refufal of his demar them for their o the archbifhop iffued a general fe fentenc of excommuni-+ © cation againft all wh or property of ecclefiaftics, it was not haasbe >njoyed the fatisfaction of feei: the voluntary inftruments of his juft mi | them, and enure them- felves to throw off that ane * for the facted f -ontets by Tue fpirits of the clergy were at ae this harfh treatment. Befides that the ce of York, which lay neareft th t wwe over them from the Scots, voluntarily, from the firft, voted a fifth of their moveables; the bifhops of Salifbury, Ely, and fome others, made a compofition for the fecular ¢ clergy within their fees; and they agreed, not to pay the fifth, which would have-been an act of difobedience to Boni- face’s bull, but to depofit a fum equivalent in fome church appointed them; whence it was taken by the king’s officers ®§. Many ] | 1d Cie roy- fo) men made payment of a | fum, and received the king’s protection’. ‘Thofe who had not ready money, entered into recognizances for t And there was fcarcely found one eccle the kingdom, who feemed willing to fuffer, for ivi leges, this new fpecies of and languifhing of any, th f Heming. vol. i, Pp. 709, & Heming. vol. 1. p..108, 109. Chrons Dunit, p. 653. bh Chioa. Dunft, v p. 654. I pride, ee eed ENGLAN D, € HA P. pride, and not rewz rded by that crown of glory, which Bait: the church holds up, with fuch oftentation, to her devoted t297, lherent Arbitrary Bur as the mone by parliament, though oe* con fider to fupply the king’s ne- ceflities, ied by compofitions with the clergy came in ard was obliged, for the fake of far- ther fupply, to exert his arbitr power, and to lay an | ID] e hand on all orders of men in the kingdom. He limited the merchants in the quantity of wool allowed to : be-expo ; and at the time forced them to pay him a gs a fack, which was pe . \ i He ters I] the reft {i} the leather of thé saat into hand ] commodities for his i own benefit *: He requi } ffs of each county to fupply him with 2000 quarters of wheat, and as many of to feize wherever the} and oft commodities, rid hold of with- were And though he promifed alent of all thefe goods, men ility that a prince, who fubmitted fo limitations of law, could ever, amidft his ies, be reduced to a {trict obfervance of te fhowed at the ee time an equal a, halves vere held: th’ { him to (aaenaeee ny ore bi ee the bl eae oe or twenty pound as E D aca A 2) T) [; fe to per a erown, and was not obilged by nis ter fuch fervice™, THESE aéts of violence and of arbitrary power, not» 1] = a my Sey generally borne to withftanding the great perfonal regarc the king, bred murmurs in every ‘of men; and if ‘was not long, ere fome of the great nobility, j is of their own privileges, as well as of national liberty, gave o. thefe complaints. countenance and authori cm 1 ee Bg" make an impreffion on the fide of ot O1 tended to put thefe for phrey Bohun, earl of Hereford, the conftable, and R c Bigod, earl of Norfolk, the n but re{chal of Enel thefe two powerful earls refufed to execute his commands, and affirmed, that they were only ob! nn in the to attend his per enfued ; and the ki dreffing himfelf to God, you fp Hereford, 2 will. ately departed, with the marefchal, and confiderable barons. Tprnar eas eR: as 74 a ts Jaid ad; Upon this oppolition; the king: laid. af of an expedition againft Guienne; and forces, which he himfelf propofed to tranfport into Flan- 1 - . : f. ee ders. But the two earls, irritated in the conteft and x that none of th g elated by impunity, pretendin; tors had ever ferved in. that refufed to perform the duty of their office in mutteri r king, now-finding it advifeable to proceed with modera- tion, inftead of attainting the earls, who pofléfied their di gnities by hereditary right, appointed Thomas de Berke- m Walfing, p. 69. mn Heming. vol. i, p. 112, © Rymer, vol. ii, p, 783, Walfing. -p. 70. ¥o., IL. U ley, oe HISTORY OF ENGLAND. 290 Hl 4 P. Jey, and Geoffrey de Geynev ille, to act in that emergence, ,as conftable and marefchal?. He endeavoured to recon- 2g cile himfelf with the church; took the primate aga ain into favour’; made him, in conjunction with Reginald de tutor to the prince, whom he propofed to appoint kingdom during his abfence; and he even | at number of the nobility in Weftminfter- , d to make an apology for his paft & condu@t. He pleaded the urgent neceffities of the crown; Eg 4 his extreme want of money; his engagements from ho- nour as well as intereft to fupport his allies abroad: And he promifed, if ever he returned in fafety, to redrefs alt ) hh their grievances, eftore the execution of the laws, and | 3 i for the lofles which i Meanwhile, he begged themto ful if pend their animofities ; to ju of him. by his future i behaviour, of which, he hoped, he ee be more mafter; a to remain faithful to his government, or if he perifhed in ; rve their allegiance to his fon-and fe ! ve their a to his fon-an | inly, from the concurrence of dif i contents amo and grievances of the people, materials fufficient, in any other period, to have kindled : a civil war in England: But the vigour and abilities of Edward kept every one in awe; and his dexterity, in ftop- 4 ping on the brink of dan ger, and re g the meafures, to which he had been pufhed by his violent temper and ar- bitrary ite ibe faved the nation from fo great a cala« ee mity. ‘The two great earls dared not to break out into F AT open violence: They proceeded no farther than framing " ape 2 eee which was delivered to the king at Win- , chelfea, when he was ready to embark for Flanders. They there complained of the violations of the great charter and > Toft r wie s M. Weft. p. 440. 9 Heming. vol, i, ps 199 i Heming. vol. ic p. 1144 M, Welk p. 430% EDWARD f, 291 that of forefts; the violent feizure of corn, leather, cattle, C HAP, and above all, of wool, a cor mmodity, which they af. eo firmed to be equal in value to half the lands of the king- 1297. dom ; the arbitrary impofition of forty fhillings a fack on the fmall quantity of wool allowed to be exported by the merchants ; and they claimed an immediate redrefé of all thefe grievances *, The king told them, that the greatett part of his council were now at a diftance » and without their advice he could not deliberate on meafures of fo great confequence ¢, Bur the conftable and marefchal, with the barons Of pipens their party, refolved to take vanes of Edward’s abs with the fence, and to obtain anexplicite affent to their demands, = When fummoned to attend the parliament at London, they came with a great body of cavalry and infantry ; and before they would enter the city, required that the gates fhould be put into their cuftody *. ". The primate, who fecretly favoured all their pretenfions, advifed the council to comply’; and thus they became maiters both of the young prince and of the refolutions of ‘parliament. "Their demands, however, were moderate ; and fuch as fuffi- ciently jufti fy the purity of their intentions in all their patt rieaferes They only required, that the two char- ters fhould receive a folemn confi; ‘mation ; that a claufe fhould be added to fecure the nation for ever acainf all impofitions and taxes without confent of parliament ; and that they themfelves and their’ ad lherents, who had refufed to attend the king into Flanders, fhould be doned for this offence, and fhould be aeain received into favour ¥, The prince of Wales and his council afferited ‘to thefe terms; and the charters were lent over Flanders to be there ed by him. “Edwar. 7 P. 304. Heming. vol, ip utmoft and -tences in arms nre pic nnre ea ri a iuctance to laWiClo « alumedc Fe aren Oe eS The two earls and their adhe rents left ae parliament in difguft; and the king was > conftrained, ona future occafio n, to grant to the people, and abfolute con without any tion of thofe their. paflionate then provided for the cftab lifhment of national ] privileges. Even farther fecurities were ted to be ch ‘Three knichts were: en in each coun- ty, and were a. ate) the of punifhine. by > r o> Z fine and imprifonment, every trangreffion or violation of the charters*: A precaution, which, though it was foon difufed, as encroaching too much on royal prerogative, id the attachment, which the Englifh in that age bore } liberty, and tl |-grounded jealoufy of the arbi- ant trary difpofition of Ed THE = however, was not ‘yet entirely finifhed and complete. In order to execute the lefler charter, it was requifite, by new perambulations, to fet bounds to the royal forefts, and to difafforeft all land which forme encroachments had comprehended within their” limits. red the fame reluctance © comply with : ee Edward difcov this equit demand ; and it was not till after many de- lays on his part, and many folicitations and requetts, and even menaces of war and viene 4, on the part of the 1 j rae de, and exact ations w barons, that the perambu o the extent ixed, by a jury on each county, boundaries Se ae uS and a of his forefts*. Had not his ambi ve temper raifed him fo many foreign enemies, and obliged him to have recourfg fo often to the affiftance of his fubjects, it a Heming. vol. i. p. 167, 168. b Heming. vol. i, p. 168. © Hemingford, vol. i. p. 170. ¢ Walfing. p. 80. We are told by Tyrrel, ii, p 145. from the Chronicle of St. Albans, that the bare Ds, not content with the execution of the charter of forefts, demanded of Edward as high terms as had been impofed on his father by the earl of Leicefter; Bur no other hiftorian mentions this particular, i,p, t71. M, Weft. p. 433, 433» cs 1S om Vaieeee al 204 HisStForyY OF ENG LAND. , that thofe conceffions could. never haye been ex- after fo many fuccefsful ftrug- | themfelves happy in the fecure he of their privileges; they were furprized in 1305 to find, that ( applied to Rome, and had procured, from that mercenary court, an abfolution from all the oaths and engasements, which he had fo often reiterated, to obferve both the charters. ‘There are fome hiftorians! fo i ftep was taken er purpofe than to acquire the merit of Ben Sane of the charters, as he did confirmation fo much the more unquef- ld never after be invalidated by his fuc- of any force or violence whieh had ceflors, on pretence j been impofed upon him. But befides, that this might have been done with a much better grace, if he had never applied for any fuch abfolution, the whole tener of his condué proves him to be little fufceptible of fuch refine- ments in patriotifm ; and this very deed itfelf, in which he anew confirmed the charters, carries on the face of it i Though he ratified the id hold of the papal bull fo ne late perambulations of the forefts, a very oppofite pref charters in gene £ far as to inv which had been made with fuch care and attention, and to referve to himfelf the power, in cafe of favourable in- as much as formerly thofe arbitrary cid lents, to exten jurifditions. If the power was not in fact made ufe of, we can only Se that the favourable incidents did not offer. rear a whole century, and jealoufies, often with © ~ # Brady, vol, ii, p.84. Caste, vol. ii, p. 292. blifhed ; irter was finally efta- J ED Wr AOR Dp. 295 blifhed ; and the Englifh nation have the honour of ex- © a4 P. torting, by their perfeverance, this conceffion from they ableft, the moft warlike, and the moft ambitious of all 4797+ their princes‘. It is computed, that above thirty con- firmations of the charter were at different times required of feyeral kings, and granted by them, in full parliament ; a precaution, which, while it difcovers fome ignorance of the true nature of law and government, proves a laudable jealoufy of national privileges in the people, and an exr treme anxiety, left contrary. precedents fhould ever be pleaded as an authority for infringing them, Accord- ingly we find, that, though arbitrary practices often pre- vailed, and were even able to eftablifh themfelves into fettled cuftoms, the validity of the Great Charter was never afterwards formally difputed; and that grant was ftill regarded as the bafis of Englifh government, and the fure rule by which the authority of every cuftom was to be tried and canvaffed. ‘The jurifdiction of the Star- chamber, martial law, imprifonment by warrants from the privy-council, and other practices of a like nature, though eftabl lifhed for feveral centuries, were {carcely ever allowed by the Englifh to be parts of their conftitu- tion: The affection of the nation for liberty fill pre- yailed over all precedent, and even all political reafoning ; The exercife of thefe powers, after being long the fource of fecret murmurs among the — le, was, in fulnefs of time, folemnly abol ifhed, as illegal, at leaft as oppreflive, by the whole Tepiflative sebeonity. To return to the period, from which this account of the charters has led us: Though the king’s impatience to appear at the head of his armies in F Flanders made him i Jt muft however be remarked, that the king never forgave the chief ac- tors in this tranfa€tion, and he found means afterwards to objige both the conftable and marefchal to refign their offices into his handss The former received a new grant of it: But the office of mareichal was given to Thomas of Brothertoa, the king’s fecond fon. Us overlook ENGLAND. a sbi ulleonfideratio: ither of domeftic difcontents ; stions arnone the Scots ; his embarkation had Fac hMis Totie x | various ob{tructions thrown Stitt araisa Ee th the proper feafon for ation, and eid-nte arrival 1 no progrefs againft the enemy. The kino of France, taking advantage of his abfence, had bro! in the I vCou had defeated the Fle- mines in the. battle of Furnes ; de himfelf matter rai, and Ypres; and feemed reneeance on the earl of Flanders, ut Edward, feconded by an Eng- is the number affigned ftop the career of his he weak refources of ran to dread a reverfe of yn on France itfelé. fortune, and to apprehend: an inval The king of Engla on the other hand, difappointed * the Romans, which ftance from A he had purchafed at a very high price, and finding many . a = ’ t calls for his prefence in England, was defirous of } +erm™m A «xrar meas =* endine on any honourable terms a war, which ferved only to divert his force from the execution of more im- in both monarchs foon portant projects. Thi produced a ceflation of hoftilities for two years 5 and en- gaged them to fubmit ferences to the arbitration of pope B eG t y \ f f vy 1ef¢ “ prit ; ana thet e exorbitant pl been tempted to aflume from nis predecetiors, but or W! the ieaion was now pal 3 1 were attended EeD W AOR BD 5 fecretly abandoned, though never openly relinquifhed, by his fucceflors in the apoftolic chair. Edwardand Philip, equally jealous of papal claims, took care to infert in their reference, that Boniface was made judge of the differences by their confent, as a private perfon, not by any right of his pontificate ; and the pope, without feeming to be of- fended at this mortifying claufe, proceeded to give a fen- tence between them, in which they both acquiefced '. He brought them to agree, that their union fhould be cemented by a double marriage ; that of Edward himfelf, who was now a widower, with actos, Philip’s fifter, and that of the prince of Wales, with Ifabella, daughter of that monarch”. Philip was likewife willing to reftore Guienne to the Englifh, which he had indeed no good pretence to detain; but he infifted, that the Scots and their king, John Baliol, fhould, as his allies, be alfo comprehended in the treaty, ae fhould be reftored to their liberty. The difference, after feveral difputes, was compromifed, by their making mutual facrifices to each other. Edward agreed to abandon his ally the earl of Flanders, on condition that Philip fhould treat in like manner his ally the king of Scots. “The profpeét of con- quering thefe two countries, whofe fituation made them fo commodious an acquifition to the refpective kingdoms, prevailed over all other confiderations ; and though tt 1ey were both finally difappointed in their hopes, + * cons duct was very reconcilable to the principles of an inte- refted policy. "T:his was the firft {pecimen which the Scots had of the French alliance, and which was exactly con- formable to what a {maller power muft always expect, when it blindly attaches itfelf to the will and ies of a greater. ‘hat unhappy people, now engag aged ins a brave, though unequal conteft for their liberties, were I Rymer, vol. ii. p, 817. Heming. vol, i, p. 14g. Trivet, pe 310. mRymer, Vol, iis p, 82% ‘ ; totally 297 CHAP XI ayn 1298. Peace with France. 3 29 CHAP iT, xT canned t 3293. Revolt of Canviand ecotiand. a, HISTORY OF ENGLAND. ‘totally abandoned by the ally, in whom ‘they repofed heir final confidence, to the will of an imperious con- queror. Tuoucu England, as well as all other European countries, was, in its ancient ftate, very ill qualified for making, and ftill worfe for maintaining conquefts, Scot- land was fo much inferior in its internal force, and was fo ill fituated for receiving foreign fuccours, that it is no wonder Edward, an ambitious monarch, fhould hayecaft his eye on fo tempting an acquifition, which brought both fecurity and greatnefs to his native kingdom. But the inftruments, whom he employed to maintain his do- minion over the northern kingdom, were not happily chofen ; and aéted not with the requifite prudence and moderation, in reconciling the Scottifh nation to a yoke, which they bore with fuch extreme reluctance, Ware renne retiring into England, on account of his bad ftate of health, left the adminiftration entirely in the hands of Ormefby, who was appointed jufticiary of Scotland, and Creffingham, who bore the office of treafurer ; and a fmall military force remained, to fecure the precarious authority of thofe minifters. The latter had no other object than the amafling of money by rapine and injuftice : The for- mer diftinguifhed himfelf by the rigour and feverity of his temper: And both of them, treating the Scots as a con- quered people, made them fenfible, too early, of the grievous fervitude into which they had fallen, As Ed- ward required, that all the proprietors of land fhould fwear fealty to him; every one, who refufed or delayed giving this teftimony of fubmiffion, was outlawed, and imprifoned, and punifhed without mercy ; and the braveft and moft generous fpirits of the nation were thus exaf- perated to the higheft degree againft the Englifh governe ment ”. = Walfing. p. 70, Heming, vol. i. ps 118. Trivet, p. 299: 8 THERE BID WAR DB t ‘THERE was one William Wallace, of a {mall fortune, but defcended of an ancient family, in the weft of Scot- land, whofe courage prompted him to undertake, and enabled him finally to accomplifh, the defperate attempt of delivering his native country from the dominion of fos reigners. ‘This man, whofe valorous exploits are the object of juft admiration, but have been much exagge- rated by the traditions of his countrymen, had been pro- yoked by the infolence of an Englifh officer to put him to death ; and finding himfelf obnoxious on that account to the feverity of the adminiftration, he fled into the woods, and offered himfelf as a leader to all thofe whom theix crimes, or bad fortune, or avowed hatred of the Englifh, had reduced to a like neceffity. He was endowed with gigantic force of body, with heroic courage of mind, with difinterefted magnanimity, with incredible patience and ability to bear hunger, fatigue, and all the feverities of the feafons; and he foon acquired, among thofe def- perate fugitives, that authority, to which his virtues fo juftly intitled him. Beginning with fmall attempts, in which he was always fuccefsful, he gradually proceeded to more momentous enterprizes ; and he difcovered equal caution in fecuring his followers, and valour in anno tS) By his knowledge of the country, he w enabled, when purfued, to enfure a retreat among the morafles or forefts or mountains; and again, collecting his difperfed aflociates, he unex} appeared in an- other quarter, and furprized and socal and put to the {word the unwary Englith. Every day broug of his great actions, which were received with no lefs favour by his countrymen than terror by the enemy: All thofe, who thirfted after military fame, were defirous to partake of his renown: His fuccefsful valour feemed to vindicate the nation from the had fallen, by its tame fubmiffion to the Er iglifh: And ignominy, into which it though no nobleman of note ventured as yet to join his party, 299 CHAP; XITi. eon menensad) 1298. he had gained a general confidence and attach- ment, which birth and fortune are not alone able to confer. WwW E, having; by ma tun e selena " n of attacking Or- engeance on him, for all he had been: gt ilty. ntions, fled haftily f that nation imi- alacrity and cou- ts Sits, raed eer i the other of iufelves to arms in every age to the Scots, j Many of the principal barons, and among the 1s °, sisal countenanced Wal- lace’s party: "uce fecret tly favoured and pro- moted the ome caufe: And the Scots, fhaking off their fetters, prepared themfelves to defend, by an sae effort, that liberty which they had fo unexpectedly recovered ¥ } } gr Nee ee: ees from the hands of their oppreffors. Poe ED 8 - f me rrenne, collecting an army Se 40,000 men int 5 the north of England, prepared to re- blith his autho- enc esaronree by the ty of his arma- c his march, to compenfate for his paft neg- the Scots to throw off the Fy ag eovernment. -He fudden y entered Anna randale, hey had put themfelves any of the Scottith nobles, =) = ference, AV oe ie > Pe js “a dangerous fituation, here fubmitte ed to vea their oatns of pardon for pait one clared themfelves ELD) We AsR D- E al earl of Lenox, joined, though with relu€iance, the EH: xiii, lifh army ; and waited a fayourable opportunity for.cm- - bracine the caufe of their diftrefied count rymen, But 1298, Wall fully confirmed by the abfence of. the great nobles, per- ace, whofe authority .over his retainers. was more fevered obftinately in his purpofe; and finding himfelf unable to give battle to the enemy, he marched. north- 1 wards, with an intention of prol onging the war, and of 1 1 ion. o of that mountainous turning to his advantage the fituz and barren country. When-Warrenne advanced to Stir- ling, he found Wallace encamped at Cambufkenneth, ; on the oppofite banks of the Forth; and: being conti- nually urged by the impatient Creflingham, who v agtuated both by perfonal and national animofities againft the Scots 1, he prepared to attack them in that j ] which W sieee, no lefs prudent- than courageous, had chofen for his army *. In {pite of the rem Sir Richard Lundy, a Scotchman of birth who fincerely adhered to the Englith, he ordere my to pafs a bridge which lay over the Forth; but h was foon convinced, by fatal experience, of the error of his conduct. Wallace, allowing fuch numbers of the Englifh to pafs as he thought proper, attacked them be- fore they were fully formed, put them to rout, puth part of them into the river, deftroyed the reft by the edge of the fword, and gained a complete victory over th Among the flain was Creffingham him({elf, whofe memory was {o extremely odious to the Scots, that they fga’d his dead body, and made faddles and girths of his fkin ‘. Warrenne, finding the remainder of his army much dif- mayed by this misfortune, was obli ain to evacuate the kingdom, and retire into England. The caflles of q Heming. vol, i. p. 127. ® On the 11th of September 1297. 5 Walfing. p. 73. Heming. vol. i, p, 127, 128, 129, ‘Trivet, p. 3¢7. 6: Ps 73 6 is 72 aie i t Heming. vol, i, p. 2 7 berough 7, HISTORY OF ENGLAND, Roxborough and Berwic, ill fortified and feebly defend ed, fell feon after into the hands of the Scots. WALLACE, univerfally revered as the deliverer of hig country, now received, from the hands of his followers, the dignity of regent or guardian under the captive Ba liol ; and finding that the diforders of war, as well as the unfav waits le feafons, had produced a famine in Scotland, he urged his army to march into England, to fubfift at al the expence of the enemy, and to revenge all paft inju- ies, by retaliating on that hoftile nation. The Scots, who deemed every thing poffible under fuch a leader, oyfully attended his call. Walla ace, breaking into the comet counties during the winter feafon, laid every place wafte with fire and fword; and after extending on Il fides, without oppofition, the fury of his ravages, as r as the bifhopric of Durham, he returned, loaded with {poils, and crowned with glory, into his own country ", The diforders, which at that timé prevailed in England; from the refractory behaviour of the conftable and mare- fchal, made it isc to collect an army fufficient to refift the enemy, and expofed the nation to this lofs and difhonour. Bur Edward, who received in Flanders intelligence of thefe events, and had already concluded a truce with France, now haftened over to England, in certain hopes by his fists and valour, not only of wiping off this , but of recovering that important conqueft of seated which he alevays regarded as the chief glory and advantage of his reign.: He appeafed the murmurs of his people by conceffions and promifes: He reftored to th itrates, of which they had been bereaved in the later part citizens of London the election of their own magi- oO of his father’s reign : He ordered ftri& enquiry to be made concerning the corn and other goods, which had been & Heming. vol, i, p. 137, 132, 133s violently ik Stak EDWARD TFT. 303 violently feized before his departure, as if he intended to © H A P. XMM. pay the value to the owners ©: And making public pro- , 4 feffions of confirming and obferving the charters, he re= pained the confidence of the difcontented nobles. Having “a all thefe popular arts rendered himfelf entirely xitler of his people, he collected the whole military force of England, Wales, and Ireland; and marched with au army of near a hundred thoufand combatants.to the nor- thern frontiers. Notuinc could have enabled the Scots to refift, but for one feafon, fo mighty a power, except anentire union among themfelves; but as they were deprived of their king, whofe perfonal qualities, even when he was pre- fent, appeared fo contemptible, and had left among his fubje€ts no principle of attachment to him or his family 3 faCtions, jealoufies, and animofities unavoidably arofe among the great, and diftracted all their councils. ‘The elevation of Wallace, though purchafed by fo great merit, and fuch eminent fervices, was the object of envy to the nobility, who repined to fee ‘a private gentleman raifed above them by his rank, and ftill more by his glory and reputation. Wallace himfelf, fenfible of their jealoufys and dreading the ruin of his country from thofe inteftine difcords, voluntarily refigned his authority, and retained only the command over that body of his followers, who, being accuftomed to victory under his ftandard, refuted to follow into the field any other leader. The chief power 1, and Cummin of } denoch; men of eminent birth, under whom devolved on the fteward of Scotland, chieftains were more weet to ferve in defence of their country. The two Scottifh commanders; coll feveral forces from every quarter, fixed their flation at Falkirk; and propofed there to abide the aflault of the r Englifh. Wallace was at the head of a third body, w Rymer, vol, it, Ps whist 129%. 304 HISTORY OF ENG BAND. c Be P. which acted under his command Ail, .-—-—~ placed their pikemen along their front : Interlined the in ». The Scotch army a 1 ‘ 1298. tervals between the three s with archers: And dreading the great fuperiority of the Englith in cavalry, = 3 i) & ia’ to fecure their front by palifadoes, tied toge- fition, they expected the » sage of the enemy. Te king, when he arrived in fight of the Scots, was } pleafed with the profpect of being able, By ore decifive ftroke, to determine the fortune of the war; and dividing his army alfo into three bcdies, he led them to the attack, bout this time to fur- The Englifh archers, who b pafs thofe of other nations, ced the Scottifh bow- men off the field; and then in their arrows hn wer among > who up within their £ intrenchments, thréw them nid pepe arid rendered the affault of the Engl gliff 2 2 seo nandc ry more eafy and fuccefsfu rmy was broken; and chaced off the field with ereat flauchter; which the ns, attendins more to th 1 = 1 - } the populace, th tain, that the Scots never action, nor one which ruin to their country Iw this general rout of the army, Wallaceé’s military fkill and prefence of mind enabled him to keep his troops behind ¢ 2 he marched lei- s of that fmall river, which pro = Lagi DD Betis ho had enemy. bt nae who nad r 7 rao seeeay given many proc , but who {, 1 +f } O ferved hitherto in h ariny, on the ops x Walfing.-p. 75. ; i. p. 162 y Walfing, p. 76. T. Wykes, -p, 165, Trivet, p. 313, fays only 20,00 Ll polite banks; and diftinguifhing the Scottifh chieftain, C H A Pe —T a cheirsdor a epid activity of Goo, ed a fhort con= ~ 1298: as well by his majeftic port, as by the his behaviour, called out to him, and d ference. He here reprefented to W:z ruinous enterprize in which he was eng: voured to bend his inflexible fpirit to fubn tune: He infift ion under ed on the fuperior power and fuperior for unequal conteft between a weak ftate, deprived of its head and agitated by inteftine difcord, ; mighty na- tion, conducted by the ableft and moft martial monarch of the age, and poflefled of every refource either for pro- tracting the war, or for pufhing it with vigour and acti- vity : If the love of his country were his motive for perfes verance, his obftinacy tended only to prolong her mifery ; if he carried his views to private gran ~ eur and 1 ambi j he might refle&t, that, even if Edward fhould w Ww his armies, it appeared from paft experience, that fo many haughty nobles, proud of the | families, would never fubmit to perfonal n rit, whole fuperiority they were lefs ir | I of admiration, than as a felves. To thefe exhortati he had hitherto acted “ake: as the champion of C try, it was folely becaufe no fecond or com} what he rather wifhed, no ler | ) place himfelf in that hon T} ne lay entirely on the ni bility, and. chiefly - a who, ene perfonal merit to « y of family, had deferted the _ fuch powerful calls, i: Scots, poffefled of fuch a mity and concord, have under which they 1 withftanding their the Pit 3299s ENGLAND. e before the eyes either in one object, the ac- ‘ -¢ Sern et virtue OF aAMDILIOI, defence of national inde- | with the quifition of royalt his country, more Id never be fincerely cul- rty, he himfelf was determined, , not her mifery, but her free- his own life, as well as the -n they could exiftence of the nation f no otherwife be preferved than by recei the chains The rmed enemy, ftruck the generous oe 5 r of thefe fentiments, of a haughty victor thoue y he flame was conveyed from the breaft Oo “ 4 wpe FSi) SoU? ene of one hero to that of another : He repented of his engage- ments with Edward ; and cpening his eyes to the honour- hi Tallace, fecretly de- 1,1 +} gente Bate eee ges able path, pointed out to ity of embracing the termined to feize the firft opport caufe, however defperate, of his oppreiled country”. THE fubjeétion of Scotlar , notwithftanding this great victory of Edward, was not yet entirely completed. +5 7, Enolith army, after reducing the fouthern provinces, i “7 } pat ed to retire for want of provifions ; and left the The at their prefent defeat, than ele- } Lewd . P- sAk: + cade the | 1s of the natives. ‘ g! ined the conteit f the oreat inferio- endeavoured, by application to pleafed with an occafion of exerting ters; though it mult be owned rude oe ord, authors of good credit, both agree that B mis authority, wrote a lefter to £ to put a ftop to his oppreffions on § ing all the proots, fuch as they ‘ 1 Py rifhed him by the Scots themfelves, for the ancient C epend ince Oj Ammons ot the treaty conducted himfelf, for the fs of Scotland; a treaty been abfurd, had he been fuperior and had poffeffed by the feudal law of his ward i i j ftriking facts, own knowle did } his abn that ot fol for the lands which he held in England : letter might have pafled for a Bee fubjoined his own claim to be liege lord of claim which not once been heard of rp | with a fingular confidence, he afierted to be full nl and derived fromthe moft remote antiquity. mative ftyle, which had been fo fuccefsful with hin his predeceffors in fpiritual contefts, was never i abufed after a more egregious manner in any civil co reawd end to contribute to the in- 1emfelyes, who thus facrince their integr Jain under of equity, than Edw: fo never wer Yet his adv tain ; ad tl ity to the mon ve ftronge: he principles } lw. with Scotland ; re‘they violated with lefs {cruple and referve : antaees wel erto precariou id uncer- he Scots, fed to to 1 formidab! nemy, even to thls monarch. They chofe fohn nt; and not content with Leu army to o PI burgh, fent themfelves with forage bourhood. notary wae viccory Wwas clared itfelf the Enclifh, and cl advancing companions firft actions them extremel combat: Y military 1 aining their out his o One “¢ fii JATLY / 9 O«# r ed } rourcead an the death of he advanta 2 ione entirely in { r £44 ] CLY act UCM ct were tiey oa tes th a vi I Ve = iVlal Oi t rs, and eds Was : oat fa nuked .v creat flauohter urliued . wit great Se i if Countryme lew? . »btaine yur of ehe former, who broke > third divifion, to Lae their dit Scots had fallen in the.two o tranfported with fuccefs rrecovered their orde gued. asd if? = HISTORY OF ENGEAND, 1 RG | fp RA nage Bo etn pet arith the followers of their camp w Witt ] ‘44 ment decided t with a fteady r 1 The Enelifh were ch se victories were tl eained in one day*: And the renown of thefe siden} +} t} peop! ioon made th e ¢ t i and it Db to b la 7 the conqueft of th i H King “ I | ee te ; } ppeared ] h tl of in Id: “The failed alor ic ¢ coma the of famine Edward's vigilance prize nd | pruden pofition they marched t fro: extren of the kingdom to the I ravaging the ¢ } ntry, all the caftles *, and receiving the fubmiffion of all the nobility, even tl ga the regent. Che moft obftinate r b li ) th ful cingdom. Wallace, though he rmy in their march, found but few Op] es of fionali that valour, which had formerly made him fo terrible to eS, : Epwarn, having completed his conqueft, which em- ployed-him during the {pace of near two years, now Ufl= Pet) = Wee Wie Rot: de 2x5 dertook the more difficult work of fettling the country, © Es Ti Py eat iid land. He 1304 of eftablifhing a new form of government, and of ‘Gabtie his acquifition durable to the crown of Ens fe to have married matters to extremity againtt the natives : He ab i He endeavoured t He entirely tiquity : Such records or and cuftoms *: gated all the Scc o fi ubftitute as had efcaped his for- mer fearch were now burnt or difperfed: And he haftenec by too precipitate fleps, to a name, and to fink it finally 1 Epwarp, however, ftill deemec rourite conquelt —y40¢, expofed to fome aie fo long as Wallace was alive; and being prompted both by revs icy, he em- ployed every art to difcover nd become mafter of his perfon. At watrior, who was determined, amid favecy: of his countrymen, fill to maintain his ind was etrayed into Edward’s ha Sir John Monteith, his friend, whom he had made acquainted with the place of his concealment. The king, whofe natural bravery and magnanimity fhould have induced him to refpect like qualities in an enemy, enraged at fome acts of violence committed by Wallace during the fury of war, refolved to YT overawe the Scots by an example of fe Te order- ed Wallace to be SESE in chains to London ; tHE 23¢ Auguf, tried a rebel and traitor, though he had never made fubmiffions or fworn fealty to England ; and to be exe- cuted on ‘Tower-hill. was the unworthy fate of a of hero, who, thro many years, had, with col Liss in £ erance, defende ed, again{t a publ and 0 op five enemy, the liberties of his native country. 1306. Robe rt already | by the fword and government; were and cruelty exercifed upon which, during his life-time, eftain, being now buried in irded as the champion patron of her expiring independ- lamed with refentment, were every ainft the Englifh government ; a new and more fortunate leader conducted them to liberty, to who had ihe on tito fucceeded, his father’s death, to all his pretenfions ; and the demifé f John Baliol, which happ about the fame time in France; together with the « ty of Edward, t} eft fon of t] prince, feemed ad ambition of this young noblemat He Scots, wh to their crown had nt Bs a had yarties of Bruce and I; and tha had fince happened, had ten them from any attachment to latt f John h proved unable to defend yemies : refiened I of the had, before his delivery from captivity, refi r volt Iti~ 1 tf Z Hemi rd, vol. i, p. 218. calls him the or fon of Robert; and is very particular in the account of thet her and grandfather died. one of the beft hit extrem extremely difhonour: publicly called een whom, he de farther correfpondence exile, . Fe as being a prifoner, now ful hoped, that the Scot he want of a leader, would unanimoufly the vacant throne, to pretenfions. His af rit, inflamed by. the of youth, and bu Ip by his natural coura ise, faw the glory alone of the enter led the prodi- gious difficulties, which t, as the fource only of farther glory. The miferies and. oppreffions, which he had beheld his countrymen fuffer.in their une qual con- teft; the had undergone d defeats and misfortunes, which they 3 proved to him fo many incentives to bring them relief, and condu& them to veng ag gaint the haughty victors. The circumftances, which attend- ed Bruce’s firft declaration, are variou ifly related ; but we fhall rather follow the account given by i Scotch: hifto- rians ; not that their authority is in general any wife comparable to that of but becaufe they may be fuppofed fometimes b ter informed concerning fats, which fo nearly interefted their own nation. Bruce, who had in his breaft the defign of freeing his enflaved country, ventured at laft to open his mind to John Cummin, a ee seats lacy. He nd his frien the fame fecclceaeaes ; and he needed to employ no arts of afion to make , on the firft fa~ with whom helived in ftriét intin as he imagined, fully hum embrace the refolution of throwins 5 Brady’s hift, vol, ii, App, NO. 27s Saul ga veka ieee -, undertaking, re- ebel- KING Ot 7 commit Bruce to {2 j snnewda hte. nth Cuitoay 5 becaufe he pro} is three brothers, who led in Scotland; and he con- tented himfelf with fecre {pies upon him, and fetti ap Bee Ga pa ee gn ordering ail fis Motions to ve t itly guarded. A noble- imate friend, was ~ r+ PReuice’ court, bruces not daring, amidft fo many converfation with him, ‘he ing, that it was fant, a pair of ¢ 1 3 1 a1 have bor ay meer Sema ae SEEPS Ble Doctor. 5) the jacacity of nis friend to atiicc preient. € 1m - weviat ee j eicape ana as tne ¢ a - k= I 1 heir thnes tur loharlwards.+ha ICS tO V6 \eir fhoes turned backwards, that his path over which he purpoled = Pag pi os Dum*fries 1n Ane sily intereft; and he f na ; bili at the appearance ol berties ‘ ‘ f Lis eount erties OF AIS COl untry, se { em ite oc ttifh which it had fo lone snip family was the firft in . jE aS | ae sbNE AES an 1B Mags pay, ae Fa Aas st gor tier eniuing ilavery , and oy Teiuming tnaem, woican was his firm purpofe, he opened to them the joyful pro- E ufurper heir an- misfor- ion; and they would foon appear no lefs formidable than of old to their ene- oned to follow into the field their richtful prince, who knew no medium between death eotarg'* Loaipy me and victory : their’ m ins = beviag aie which had, io many < of the Remniae empire, would ftill be hy of their generous anceftors, utmoft violence of the Eng- S it was unbecoming men, born to the independance known in Europe, to fubmit of any matters; but fatal to receive thofe, who, being izrita ed by fuch perfevering oppofition, and inflamed with the higheft animofity, would never deem eir ufurped dominion but by ex- ancient nobility, and even all the And that, ae reduced to this it were better for them at once to ve men, with TeES in their hands, than and at laft undergo, the fate of the unfor- tunate Wallace, whofe merits, in the brave and obfti- nate defence of his country, were oo rewarded by the hands of an En h executioner. this difcourfe was delivered, the bold: fentiments which it conv reyed, the novelty of i? ? | Dice s declaration, affifted by the graces of his youth and ep imprefiion on’ the all thofe principles of h they had long been nobles declared their ution to ufe the utmoft efforts in deliver- from bondage, and to fecond the cou- fures with the king, oppofed this general determination ; and by reprefenting the great power of Eneland, y a prince of fuch uncom- a igour and endeavoured to fet before them the certain which they muft exped, if th acain violated their oaths of fealty, and fhook he victorious Edward 4. Bruce, of fo potent a leader, took and moved partly by refent- -y, followed Cummin on the diflo- ked him in the cloyfters of , and running Thomas ng him foon after, i Bruce. And 112 Sidi 5 circum was i for the creft of their took left but to d, or to perifl in the attempt: The genius of the nation rouzed from itsprefent dejection: And Bruce ) + J quarters, excited his partizans to 7 - c 1 lies of the E t poficfion hb a) ie) oO 124) ct = Bi oO o} * wae O° Qu. o 2° and havin; parts of the be acknowledg« | lemnly crowned and inaugurated in the abbey of Scone by the bifhop of St. Andrews, who had + | braced his caufe. “The Englifh were my of the kingdom, except fuch as took fhelter in the ftrong fortrefles that ftill remained in their | found, that the Scots, twice co often defeated, muft yet be ane raged with thefe unexpected difficulties, he de Valence with a confidera ¢e into Scotland to check the progrefs of the mal Soe cee that S33 210 U NA J tedly oss uce at N +h falling unexpe¢ ethven in Perthfhire > threw his army into fuch diforder, as cade in a total Bruce fought with the moft heroic courage, ion, and as c difmounted in t} € ee rie vered himfelf ; fortune, and weitern iiles. i ee a n i Latan —- ee } h £4 and Sir Chriftopher Seton, who had been tak were ordered by traitors '. him ; and that t prince vowing Scottifh nation, whom he deemed incerrieible in their averfion-to his k Wal 1 15 ealestn Th On A Pp c KLOL 5 when LAX H si ° wT XITT, can Vaheeeed fo tne conipi-~ 1300, PT ny s HISTORY OF ENGUAND. was preparine to enter the frontiers, fecure of fuccefg; determined to make eCtedly fickened and died with his laft breath his fon and fucceflor to profecute the enterprize, and never to defift till he had finally fubdued the kingdom of Scotland. He expired ifi the fixty-ninth year of his age, and the thirty- fifth of his reign, hated by his neighbours, but extremely >vered by his own fubjects. : , refpected and I r 1 ani +hic “ince. and ‘ HE enterprizes, finifhed by this prince, and the pro- which he formed and brought very near toa con- on, were mor ly condudted, of his king- and more advantagec nxn. than the 10% n ti tiled. reion either or h . He reftored authority nt, difordered by the weaknefs of his fa- ed the laws again all the efforts of his he fully annexed to crown. the Wales ; many, wife and vigor rec and to a like condition; and thouch t quity 0 s latter enterprize may rea- fonably be qt d, the circumftances of the two king- doms promifed fucl cefs, and the advantage was fo vi of 1 e ifland under one head, } bs = - that thole w 9 nc A } r. Ie . “17 1 is his an the meaiures Of princes, will not be apt to regard this * BI SAward part of his conduct fever But Edward, nowever exceptic nadie Nis cna cer rH > ; courage. Vigi- » penetration, courage, Vis} in all expences that ; he knew how to open the public treafures on a pt r occ 1: he ied criminals th feverity ; he w: cious and o his fervants 2Bd courtiers ne of a majeftic figure, expert im 7 o 3Y9 Bur the chief advantage, v land reaped, and ftill continue to reap, from the reign sf ahaha Bava, iS tions of thi this great — was the correction, extenfion, amend-reign. ment, and eftablifhment of the laws, which Edward maintained in great vigour, and left much’ improved to “ pot main; while the acquifitions of a conqueror often perifh acts of a wife legiflator commonly re- ct ro a oO es =) oO with him. This merit has juftly gained to mctteia the appellation of the Englifh Juftinian. Not only the nu- merous ftatutes, paffed in his re couch ie chief points of jurifprudence, and, according to Sir Edward Coke ®, tri deferve the name of eftablif ts, becau they were more conftant, ftanding, and durable laws than any made fince ; ; their ple: adi ngs. Sir the fud- den acecaaetaart ol 9 ; and ventures to affert, thi er te- ceived any confiderable encreafe", ‘ Edward fe 1 the jurifdiction of the feveral courts; firft eti fi the office of juftice of peace; abftained from the p , too common before him, of interrupting juftice by mandates from the privy-council° ; reprefled robberies.and dif- ord . ™ Inftitute, p, 156. n Hiftory of nglith law, p. r58, © Articuli fuper Cart. cap. 6, Edward en: it is doubtful, whether he ever obfery HISTORY OF ENGLAND, encourazed trade by:e1 ing merchants an ealy ing their debts; and, in fhorts intro- method of rec {)] | eed J ‘ . 307. duced a new face of things by the vigour and wifdom of to be well. efta- n alfo to be re- bery and violence, men entered into. formal combinations to fupport each other in law-fuits; and it was found heck iniquity by act of parliament ', 1 in this rei¢n a confiderable alteration the laws: The king abolithed the ry, which, he thought, poflefled too izerous to the crown’: He f exchequer into four its feveral branch, ite ; and as the od, by means of their nefs from one court to another, > rivals and checks to each other; - ° d much to improve the prac- ed thus, through his whole juftice, it cannot be faid, that ary power; and in a govern- s that of England in in his admi of complai Th roteCtion were the ground This prac- his fucceffors did. I } of a complaint by the tice is declared illegal by £ of it fo late as the reign ward IIT, but it fill co ebject of general difpleafure. The violent plunder and C P, banifhment of the Jews ; the putting of the whole clergy, ._ oiltigalldeah at once, out of the protection of law; the feizing of all 1307 the wool and leather of the kingdom ; the heightening of the impofitions on the former valuable commodity ; the new and illegal commiffion of Trailbafton ; the taking of all the money and plate of monafteries and chitechtens, even before he had any areas with the clergy; the fubject- ing of every man poffefled of twenty pounds a year to military fervice, though not bound to it by his tenure ; his vilible relu€@tance to confirm the great charter, as if that conceflion had no validity from the deeds of his pre- eceflors ; the captious claufe which he at laft annexed to his confirmation ; his procuring of the pope’s difpen- fation from the oaths which he had taken to obferve that charter ; and his levying of talliages at difcretion even 1 after the ftatute, or rather ter; by which he had re- nounced that prerogative ; thefe are fo many demonftra- tions of his arbitrary difpofition, and prove with what exception and referve we ought to celebrate his lays of juftice. He took care that his fubjeéts. fhould do ju ce to each other; but he-defired al with his se sabato THE chief obftruction to the execution of jufticé in thofe times was the power of the great barons; and Ed: ward was perfeétly qualified, by his charaéter and abili- ties, for keeping thefe tyrants in awe, and reftraining their illegal practices... This falutary purpofe was accor- dingly the great obje&t of his attention ; yet was he im- y g 2) ey prudently led into a meafure which ss to encreafe and confirm their ens authe > pafied a ftatute, TSS made it which, by al impracticable to ahisanttl the property of the great fami« Vou. I. Y lies, Timer gh Ser ce NGLAND. 1eans of encreafe and acquifte contrary policy with regard to have been the firft Chriftian : of mortmain ; and prevented by law'the clergy from making new sonata of lands, which yy t the ecclefiaft tic al canons th icy were for ever pro- hibited from alienating. Ihe oppofition between his maxims with regard to the nobility and ecclefiafties, leads us to conjecture, that it was only by chance he pafled the beneficial ftatute of mortmain, and that his fole obs jet was, to maintain the number of knights’ fees, and to prevent the fuperiors from being defrauded of the profits e, livery, and other‘emoluments arif- o of wardfhip, marriag ing from the feuda l tenures. This is indeed the reafon affigned in the ftatute itfelf, and appears to have been his sal object in enacting it. The-author of the annals of Waverly afcribes this act chiefly to ‘the king’s anxiety for maintaining the t y force of the kingdom 5 but ‘adds that he was miftaken in his purpofe; for that the Ama- lekites were overcome more by the prayers of Mofes thait by the {word of the Ifraelites*.’ The ftatute of mort- main was often evaded afterwards by the invention of Ujes. EpWARD was active in reftraining the ufurpations of the church; and excepting his ardour for Crufades, which adhered to him during his whole life, feems, in other re {pects, to have been littleinfected with fuperftition, the vice chiefly of weak minds. But the paffion for Crufades was really in that age the paffidn for glory. As ‘the pope now felt himfelf fomewhat more reftrained in his former practice of pillaging the feveral churches in Europe, by t Brady of boroughs, p. 25. from the records, u P, 234. See alfo M, Weft, p, 409. laying EDWARD F. 323 laying impofitions upon them, he permitted the generals C Lie P, of particular orders, who refided at Rome, to levy taxes , diftant commerce. m Tus king granted a charter or declaration of protec~ tion and privileges to foreign merchants, and _alfo afcer- tained the cuftoms or duties which thofe merchants were in return to pay on merchandize imported and exported, He promifed them prote¢tion; allowed them a jury on y Anderfon’s hiftory of cor vol. ie Ps 137s BED TOW ASR: CD oR trials, confifting half of natives, half of foreienets : appointed them a jufticiary i in London for their protec tion. But notwithftanding this feeming attention to fo- reign merchants, Edward did not free them from the cruel hardfhip, of making one anfwerable for the debts, and even for the crimes of another, that came from the fame coun- try’. Weread of fuch pratices among the prefent bar- barous nations. ‘The king alfo impofed on them a duty of two fhillings on each tun of wine imported, over and above the old duty; and forty pence on each fack of wool exported, befides half a mark, the old duty *, In the year 1303, the Exchequer was robbed, and of no lefs a fum than 100,000 POUNES, as is pretended °, The abbot and monks of Weftminfter were indiGed for this robbery, but acquitted. It does not appear, that the king ever difcovered the criminals with certainty ; though his indignation fell on the fociety of Lombard merchants, particularly the Frefcobaldi, ver opulent F lorentines. THE pope havi: ng in 1307 collected much money in England, the king enjoined the nuncio not to export it in {pecie but in bills of exchanges, A proof that com- merce was but ill underftood at that time, Epwarop had by his firft wife, Eleanor of Caftile, four fons ; but Edward, his heir and fucceflor, was the only one that jondived NS She alfo bore him eleven dau; ghte 2 moft of whom died in their infancy : Joan was married firft to the earl of Glocefter, and after his death, to Ralph de Monthermer : Margaret efpoufed Jobn duke of Bra- bant: Elizabeth efpoufed firft John earl of Holland ; and afterwards the earl of Hereford : Mary was a nun at % Anderfon’s hit, of commerce, vol. i. p. 146. @ Rymer, vol. p. 36%. It is the charter of Edw. I, which is there confirmed by Edw. coer » Rymer, vol, ii, p. 93% © Rymer, vol, ii, p. 1092, x 2 Ambrefbury, HISTORY OF ENGULUAND, Cc oie P.Ambrefbury. He had by his fecond wife, Margaret of uve France, 3397" of Norfolk, and Marefchal of England; and Edmond who was created earl of Kent by his brother when king, wo fons and.a daughter ; Thomas created ear} The princefs died in her infancy. Cu APR KEV. SD WARD If. Weakne/s of the King ——— Piers Gavafton His paffion for favourites Difcontent of a barons — Murder of Gavaftou r with Scotland Battle of Bannockburn Hugh le Defpen- fer—— Civil commatious —— Execution of the earl of Laucafter Confpiracy againft the King Infurreéttion The King dethroned —— His Character Murdered Mifcellaneous tranfaétions in this reign. HE _prepoffeffions entertained in favour of young Cc H AP, Edward, kept the Englith from being fully fenfible *!¥- of the extreme lofs, which they had fuftained by the death of the great monarch, who filled the throne; and all men haftened with h alacrity to take the oath of allegiance to his fon and fucceffor. his prince was in the twenty- third year of hi sage, was of an agreeable figure, of a mild and gentle difpofition, and having never difcovered a pro- penfity to any dangerous vice, it was natural to a ticate tranquillity an i happinefs from his government. But the Girtt act of his reign bla fte d all thefe hopes, andy. og fhewed him to be totally un igualined for that perilous fitu- of the king. ation, in which every Englifh monarch, during thofe ages had, from the unftable form of the conftitution, and the turbulent difpofitions of the oot derived from it, the misfortune to be placed. The indefatigable Robert Bruce, though his army had been difperted and he him- felf had been. obliged to take fhelter in the weftern ifles, Y 4 remained His paffion for favour- ites. Pie fi Oe - remained not long unactive ; HISTORY OF ENGLAND. but before the death of the late king, had fallied from his retreat, had again colledted his followers, had appeared in the field, and had obtained by furprize an important advantage over Aymer de Va. Jence, who commanded the Englifh forces". He was now become fo confiderable as to have afforded the king of England fufficient glory in fubduing him, without in- ing all thofe ere prepara- curring any danger of fee tions, made by his father, fail in the enterprize, But Edward, inftead of purfuing his advantages, marched but a little way into Scotland; and having an utter incapae city, and equal averfion for all application or ferious bufi- nefs, he immediately returned upon his footfteps, and difbanded his army. His grandees perceived from this ¢on- duét, that the authority of the crown, fallen into fuch feeble hands, was no longer to be dreaded, and that every infolence might be practifed by them with impunity. Tue next meafure, taken by Edward, gave them an inclination to attack thofe prerogatives, which no longer kept them in awe. There was one Piers Gavaiton, fon of a Gafcon knight of fome diftinétion, who had honour- ably ferved the | and who, in rewar dc of his me- rits, had obtained family of the prince of Wales. This young man foon infinuated himfelf into the affections of his mafter, by his agreeable behaviour, ie by fupplying him with all thoft innocent, though tr volous ‘Faiteisaee. which fuited his and his inclinations. He was endowed with the utmoft elegance of fhape and perfon, was noted fora a fine mien and eafy car , diftinguifhed himfelf in all war- like and genteel exercifes, and was celebrated for thofe quick fallies of wit, in which his countrymen ufually ex- cel. By all thefe accomplifhments he gained fo entire an afcendant over young Edward, whofe heart was ftrongly 4 Trivet, p. ws > an € difpofed fe wae : E D Ww A R D Tt, 329 difpofed to friendfhip and confidence, that the late king, C HA P. ; o? XIV apprehenfive of the confequences, hi d banifhed him the , ; inedom. and had, before he died, made his fon pro- 41387- 5 3 ? P mife never to recall him. But‘no fooner did he find himfelf mafter, as he vainly imagined, than he fent for Gavatton ; him with the whole earldom of Cornwal, which had 5 and even before his arrival at court, endowed efcheated to the crown, by the death of Edmond, fon of Richard king of the Romans *. Not content with con- ferring on him thofe pofleffions, which had fufficed as an appanage for a prince of the blood, he daily loaded him with new honours and riches; married him to his own niece, fifter of the earl of Glocefter; and feemed to enjoy no pleafure in his royal dignity, but as it enabled him to exalt to the higheft fplendor this object of his fond affections. Tue haughty barons, offended at the fuperiority of a picontent minion, whofe birth, though reputable, they defpifed, as pa ba= nuch inferior to their own, concealed not their difcon- ae tent; and foon found reafons to juftify their animofity in the character and conduét of the man they hated, Inftead of difarming envy by the moderation and modefty of his behaviour, Gavafton difplayed his power and influence with the utmoft oftentation; and deemed no circum- {tance of his good fortune fo agreeable as its enabling him to eclipfe and mortify all his rivals. He was vain-glori- ous, profufe, rapacious; fond of exterior pomp and ap- os & pearance, giddy with profperity; and as he imagined, that his fortune was now as ftrongly rooted in the kingdom, as his afcendant was uncontrouled over the weak monarch, he was negligent in engaging partizans, who might fup- port his fudden and ill-eftablifhed grandeur. At all tour- naments, he took delight in foiling the Englifh nobility, by his fuperior addrefs: In each converfation, he made / ¢ Rymer, vol, iii, p. 1. Heming. vol. i, p. 243. Walfing. p. 96. them 330 CHAP YI “i w ° rs) - them the HISTORY OF ENGLAND, e&t of his wit and raillery: Every day his ~~ enemies multiplied upon him; and naught was wanting i ; 3307, but a little time to cement their union, and render it - tal, both to him and to his matter ‘. Iv behoved the king to take a journey to France, both in order to.do homage for the dutchy of Guienne, and to fabella, to whom he had long been efpoufe the prin affianced, though unexpected accidents had hitherto re- tarded the completion of the marriage ®. Edward left Gavafton guardian of the realm*, with more ample powers, than had ufually been conferred!; and on his return with his young queen, renewed all the proofs of that fond attac ‘hment-to. his favourite, of which every e fo loudly complained, ‘This princefs was of an im- perious and intriguing fpirit ; and finding, that her huf- band’s capacity required, as his temper inclined, him te be governed, fhe thought herfelf beft intitled, om every account, to perform the office, and fhe contracted a mor- tal hatred a inft the perfon, who had difappointed her She was well pleafed, therefore, to fee a combination of the nobility forming againft Gaval- an thefe expe ton, who, red, had wantonly provoked her by new infults and injuries. Tuomas, earl of Lancafter, coufin german to the king; and firft prince of the blood, was by far the moft opulent nd, and poffeffed in his own right, and foon after in that of his wife, heirefs of the fa- and powerful fubject in England, mily of Lincoln, no lefs than fix earldoms, with a pro- portional eftate in land, attended with all the jurifdiGtions and power, which commonly in that age were annexed to landed property. He was turbulent and faGtious in his difpofition ; mortally hated the favourite, whofe influence ever the king exceeded his own; and he foon became the f T. dela More, p. 593. Walfing. p. 97. g T. de Ja More; p- §93.. Trivet, cont, p. 3. h Rymer, vol, iii, pe 47. pode Neuf, p, 499. i Brady’s App. N°, 49. eo aed! EDWARD I. 331 head of that the barons, who defired theC HA P. - gs aa ao ry nt * S| depreflion of this infolent ftranger. ‘Ihe c nfederated ._ ag afton: 17308: h fides began already to put themfelves in a warlike — bound themfelves by oath to ex sien The licentioufnefs of the age broke out in rob- beries and other diforders, the ufual prelude of civil war: And the royal authority, defpifed in the king’s own hands, and hated in thofe of Gavafton, became inkathstent for the execution of the laws, and the maintenance of peace in the kingdom. A parliament titi fummoned at Weft- miniter, Lancafter and his party came thither with an armed tetinue; and were there enabled to impofe then own terms on the fovereign. “They required the banifh- ment of Gavafton, impofed an.oath on him never to re- turn, and engaged the bifhops, who never failed to interpofe in all civil concerns, to pronounce him excom- municated, if he remained any longer in the kingdom 4. Edward was obliged to fubmit ks but even in his com- pliance, gave proofs of his fond attachment to his favourite, Inftead of removing all umbrage, by fending him to his own country, as was expected, he appointed him Jord lieutenant of Ireland’, attended him to Briflol on his journey thither, and before his departure conferred on him new lands and riches both in Gafcony and England Gavafton, who did not want bravery, and poffeffed ta- lents for war ®, acted, during his government, with vigour againft fome Irifh rebels, whom he fubdued. MeranwhiLe, the king, lefs fhocked with the illegal violence which had been impofed upon him, than un- happy in the abfence of his minion, employed-every ex- pedient to foften the oppofition of the barons to his return ; as if fuccefs in that point were the chief object of his i Trivet, cont. p. 5. k Rymer, vol, iii, :p.'80. } Ybid, Murimuth. p. 39+ m Rymer, vol. iii, p. 87 Heming, vol, i, p. 248. T.dela More, p, 593. I governinent, ENGLAND, fens 1 office of hereditary fteward was P “Awvernm + * fovernment. o ig uw conferred on Fsccetter His father-in-law, the earl of Lincoln, was bought off by other conceffions: Earl Warrenne was alfo molli fied by civilities, grants, or pro- The infolence of Gavafton, being no longer be- eyes, was lefs the object of general indignation: And Edward, deeming matters fufficiently prepared for his purpofe, applied to the court of Rome, and obtained or Gavafton a difpenfation from that oath, which the barons had compelled him to take, that he would for ever a) ure the realm °. He went down to Chefter, to receive im on his firft landing from Ireland ; flew into his arms a tranfports of joy ; and having obtained the formal confent of the barons in parliament to his re-eftablifh- ment, fet no longer any bounds to his extravagant fond- nefs and affection. Gavafton himfelf, forgetting his paft eh and blind to their caufes, refumed the fame oftentation and infolence ; and became more than ever the objec: of general deteftation among the nobility. Tue barons firft difcovered their animofity by abfent- ing themfelves from parliament; and finding that this xpedient had not been fuccefsful, they began to think of it ar eee and more effectual remedies. Though there had fcarcely been any national ground of complaint, except fome Soon of the public treafure: Though all the aéts of mal-adminiftration, objeéted to the king and his favourite, feemed of a nature more proper to €x- cite heart-burnings in a ball or aflembly, than commo- 5 Yo tions in a great kingdom: Yet fuch was the fituation of the ‘ies that the barons were determined, and were able, to make them the reafons of a total alteration in the yth Feb, conftitution and civil government. Having come to par- Jiament, in defiance of the laws and the king’s prohibi- tion, with a numerous retinue of armed followers, they © Rymer, vol. iii, ps 167 found 53 " a Soliant * a < 42a AOR SD il. found themfelves entirely mafters ; and they prefented a petition, which was equivalent to a command, requiring Edward to devolve on a chofen junto the whole authority both of the crown and of the parliament. The king was obliged to fign a commiffion, empowering the prelates rét and barons to ele& twelve perfons, who fhould, till the term of Michaelmas in the year following, have authority to enact ordinances for the .government.of the kingdom, and regulation of the king’s houfehold ; confenting that thefe ordinances fhowld, thenceforth and for ever, have the force of laws; allowing the ordainers to form afloci- ations among themfelves and:their friends, for their ftric& and regular obfervance; and all this for the greater glory of God, the fecurity of the church, and the honour and advantage of the king and kingdom ?. ‘The barons in return figned a declaration, in which they acknowledged; that they owed thefe conceffions merely to the king’s free grace; promifed that this commiffion fhould never be drawn into precedent ; and engaged, that the power of the ordainers fhould expire at the time appointed. 9, Tuechofen junto accordingly framed their ordinances, and prefented them to the king and parliament, for their confirmation in the enfuing year. Some of thefe ordi- nances were laudable, and tended to the regular execution of jullie? : Such as thofe, requiring fherifts to be m property, abolifhing the practice of iffuing privy feals for the fufpenfion of juftice, reftraining the practice of purvey- ance, prohibiting the adulteration and alteration of the coin, excluding foreigners from the Farane of the revenue, order- =) = > ing all payments to be regularly made into the exchequer, re- voking all late grants of the crown, and giving the parties ini in the cafe of yexatious prefecutions, But what P Brady’s App. N° go. Hemming. vol. i. p, 247, Walling. p, 97, Rye ley, p. 526, g Brady’s Apps N° sx, chiefly 14tt, F EWG@LAND. - ie WR ehiaiy arieve: was the ordinance for the removal earl counfellors, by which a great number of perfons 131. were by name excluded from every office of power and profit; and I Gavafton himfelf was for ever banithed ’s dominions, under the penalty, in cafe of dif agreeable to the barons, were fubftituted offices. And it was ordained, that, for the future, all the confiderable dignities in the houfehold, as well as in the law, revenue, and military governments, : Should be appointed by the Jaronage in parliament and the power of making war, or affembling his military te- nants, fhould no longer be vefted folely in the king, nor be exercifed without the confent of the nobility. Epwarp, from the fame weaknefs both in his temper i aad. fituation, which had engaged him.to grant this un- % T° . i limited commiffion to the barons, was led to give a pars ame ntary fanction to their ordinances: Butas a confe- quence of the fame character, he feeretly made a protelt inft them, and declared, that, fince the ¢commiffion - the making of ordinances to the ad- 1: vantage of king and kingdom, fuch articles asfhould’be } found prejudicial to both, were to be held as not ratified t > and confirmed'. It is no wonder, indeed, that he re- to revoke ordinances, which had . } tainea a 1 ° i bi been impofed on him by violence, which entirely annthi- e y, and above all, which deprived him.ef the company and fociety of a perfon, whom, by an unufual infatuation, he valued above all the world, and royal authority t lated the if above every confideration of intereft or tranquillity. As foon, therefore, as Edward, removing to Yorks Te hy had freed himfelf from the immediate terror of the barons’ power, he invited back Gayafton from Flanders, which that favourite had made the place of his retreat 5 and de- + Ryley’s Placit. Parl, ps $30) 5410 claring ELD WAR D> TF: tlaring his banifhment to be illegal, and contrary to the laws and cuftoms of the kingdom’, openly re-inftated him in his former credit and authority. The barons, highly provoked at this difappointment, and apprehenfive of danger to themfelves from the declared animofity of fo powerful a. minion, faw, that either his or their ruin was now inevitable ; and they renewed with redoubled zeal their: former confederacies againft him, The earl of Lan~ cafter was a dangerous head of this alliance: Guy, earl of Warwic, entered into it with a furious and precipitate pafiion : Humphrey Bohun, earl of Hereford, the con- ftable, and Aymer de Valence, earl of Pembroke, brought to it a great acceffion of power and intereft: Even carl Warrenne deferted the royal caufe, which he had hitherto fapported, and. was induced to embrace the fide of the confederates t ; And.as Robert de Winchelfey, archbifhop of Canterbury, profefled himfelf of the fame party, he determined the body of the clergy, and confequently the people, to declare againft theking and his minion. So predominant, at that time, was the power of the great nobility, that the combination of a few of them was al- ways able to fhake the throne; and fuch an univerfal concurrence became irrefiftible. The earl of Lancafter fuddenly raifed an army, and marched to York, where he found the king already removed to Newcaftle ": He flew thither in purfuit of him; and Edward. had juft time to efcape to T'inmouth, where he embarked, and failed with Gavafton to Scarborough. He left his favourite in that fortrefs, which, had it been properly fupplied with pro- vilions, was deemed impregnable; and he marched for- ward to York, in hopes of raifing an army, which might be able to fupport him againft his enemies. Pembroke was fent by the confederates to befiege the caftle of Scar- Brady’s App, No 53 Walfing. p. 98. t Trivet, cont. p..4. Walfng. p. 101, borough ; 335 CHAP, XIV. vee | §3%2. Ree as 0a Bfurder of Gavatton. rh july. TTS POR YC ENGLAND. borough; and Gavafton, fenfible of the bad condition of his earrifon. was obliged to capitulate, and to furren , g [ er himfelf prifoner”. He ftipulated, that he fhould remain in Pembroke’s hands for two months that endeavours fhould, during that time, be mutually ufed for a general accommodation ; that if the terms propofed by the barons were not accepted, the caftle fhould be reftored to him in the fame condition as when he furrendered it; and that the earl of Pembroke, and Henry Piercy fhould, by con- tract, pledge all their lands for the fulfilling of thefe con- ditions *. “Pembroke, now mafter of the perfon of this public enemy, conducted him to the caftle of Dedington, near Banbury; where, on pretence of other bufinefs, he left him, proteéted by a feeble guard. Warwic, pro- bably in concert with Pembroke, attacked the caftle : The guards refufed to make any refiftance: Gavafton was yielded up to him, and conduéted to Warwic caftle ; The earls of Lancafter, Hereford, and Arundel, imme- diately repaired thither * : And without any regard, either to the Jaws or the military capitulation, they ordered the head of this obnoxious favourite to be ftruck off, by the hands of the executioner *. Tue king had retired northward to Berwic, when he heard of Gavafton’s murder ; and his refentment was prd- portioned to the affection which he had ever borne him, while living. He threatened vengeance on all the nobi- lity, who had been aétive in that bloody fcene, and he made preparations for war in all parts of England. But being lefs conftant in his enmities then in his friendthips, he foon after hearkened to terms of accommodation; granted the barons a pardon for all offences ; and as they ftipulated to afk him publicly pardon on their knees >, he w Walfing. p. 101. ii, p. 324s y T. de la More, p. 593. 2] 'S 2 Walfing. p. 101, » Ryley, p. 538. dela More, p. Rymer, vol, iii, pe 366 i vAY TOrgiven tiem 2 he | eae 5 ae | i hee ‘ iMlli pretended, noty \- ant grant 1 a - ) them a free and-le drditiances as were not gative of the crown. ‘he king’s ] g become lefs obnoxious become leis obnoxious ic; and as the ordinances, infifted on, appe nearly the fame with thofe which had formerly been ex- torted from Heary III: by .Mountfort, and which had <7 been attended with fo many fatal confequences, the were, on that account, demanded with lefs y by the nobility and people, Themi of all feemed_to be nolities f £544 r notes OF tactron Phe ani r wnited wd : hs how united under its heads . 1. ; 1t hoped, to take ven- i > particular], IMMEDIATELY af Robert Br have fheltered his feeble army: of ftreneth b ; fuperior vigour a imprefficn on chafed lord tie C¢ a mad Tests and Made iim from their high country : He ther: mins in the low countries ft t ~ 6 c ” fai : . les of Invernefs, Forfar, gained fome new acceffion of Vou, I], more important acquifition, he daily reconciled the minds commenced the greatneis ¢ HISTORY OF ENGLAND. 1is dominion, and enlifted under his bold leader, whom he enriched by the enemies James Douglas, in whom renown of that warlike fa- 7 3 : . 1] hic enternrigec © ad 4 feconded him in all his enterprizes : Edward Bruce, Roubert’s own brother, diftinguifhed himfelf by acts of alour : And the terror of the Englifh power being now bated by the feeble conduct of the king, even the leaft of ‘thes Scots began to entertain hopes of reco- if fidlependency 3 and the whole kinedom, es, which he had not the means ledged the authority of Robert. ion, Edward had found it neceflary to and Robert fuccefsfully em- onfolidating his power, and in- troduci er into the civil government, disjointed by a long continuance of wars and factions. The interval was very fhort: The truce, ill obferved on both fides, was at laft openly violated; and war recommenced with y than ever. Robert, not content with de- - himfelf, had made fuccefsful inroads into Eng- ones fubfifted his needy followers by the plunder of that the military genius ountry, and taught them to defpi of a people, who had long been the object of their terror. Edward, at laft, rouzed from his lethargy, had marched an army into Scotland; and Robert, determined not to rifque too much againft an enemy fo much {fuperior, 1e- tiréd again into the mountains. ‘The king advanced be- yond Edinburgh ; but being de ftitute of provifions, and being ill fupported by the Englifh nobility, who were then employed in framing their ordinances, he was foon obliged to retreat, without gaining any é advantage over the enemy. But the appearing union of all the parties in England, after the death of Gavafton, {eemed to reftore that BSDw -ASR-D;. 1h 3" that kingdom to its native force, opened again the pro- C oe P, fpect of reducing Scotland, and promifed a happy con- , : elufion to a war, in which both the interefts and paffions 3312. of the nation were fo dee ply engaged. Epwarp aflembled forces from all quarters, with a 1314, view of finifhing at one blow this important enterprize. He fummoned the moft warlike of his vaflals from Gaf- cony: He inlifted troops from Flanders and other foreign countries: He invited over great numbers of the difor- derly Irifh as to a certain prey : He joined to them a body of the Welfh, who were actuated’ by like motives: And aflembling the whole military force of England, he marched to the frontiers with an army, which, according: to the Scotch writers, amounted to an hundred thoufand men, but which was probably much inferior to that number °, ed not thirty THE army, colle by Robert, exces thoufand combatants ; but being compofed of men, who had diftinguifhed themfelves by many aéts of valour, who were rendered defperate by their fituation, and who were enured to all the varieties of fortune, they might juftly, under fuch a leader, be deemed formidable to the most: numerous and beit appointed armies: The caftle of Stir= ling, which, with Berwic, was the only fortrefs in Scot- land, that remained in the hands of the Englifh, had long been befieged by Edward Bruce : Philip de Mow- bray, the governor, after inate defence, was at that, if, be- fore a certain a which was now approaching, he was laft obliged to capitulate not relieved, he fhould open his gates to the enemy ¢. Robert therefore, fenfible that here was the ground on ¢ We find in Rymer, vol, iii. p. 48%. a lift of all the infantry affembled from all parts of likel; gland and Wales ; and they are only 21,540. It is not therefore tha e whole army could be near fo numerous as is reporteds vol, iii, p 48x. ‘ 2 which 0 alae aes 2 13!°4- | 3 J - e field of bat- with all the ! nd prud ; able, and made the neceflary p rf reception. ~ He pofted himfelf at Bannockburn, « two miles from Stirling; W j ad ¢ 4 A} > ‘ I k nded by the more rmy of ‘the Enclifh ; he forefaw the fuperior t enemy ip Cavalry, a! [ rivulet in f t ad I c d a I al } i ly co ¢ h . The Enolith arrived in 1 ine, anda: bloody conflict immediately enfued | ch two lies of cavalry; where Robert, who was at head of the Scots, engaged in fingle com= s t 1 P.4k, ‘a4 | with Henry de Bohun, a gentleman of the family ot H b; and-at one it eft his adverfary to the chin with 2 batt! ou two armies. The Eng- h horfe fled’ ¥ ) n body. E Scots, encouraged this favourable event, ane loryir a the valo tl in + . 1 ~ ; i CC ( pn tl > 7 'y i : > th ) } i 1 1 . Edward ] ee | j rv ras Cc $ Olow A ee i a y 10-CO anded the lef t led. by the araou OF ou hed on to t ck Ww recaution, and ACh ‘Y 5 Which 1d been prepay %) at b £ : C ror the rec the co "This body 03 horie was aii ‘ fter himfelf overthrown and and flain: who commanded the Scot- “fl. 1] } ALT) no ULV, 1 x sie gout puih ed t theka om tne 1 wi ) I Ic nd pur- fued them in { Ft] [ of infantry. } bi SPS 1 7 * S ie Englifh army were h f u l inning of the aétion, whic be a rved an which feemed to be marc round them ; ; and they wi -d his was a number 1 om Robert had colle effect : 2: panic feized their arms and fled hey were pur sr, for the fpace of TD dare st 6 c c > . een I 1 Derwic : And the Scots, befides am 1neit le booty, > took many Benen of aaan y prifoners, e400 1 gentlemen, whom Robert lumanity f, and whole ranlom was an The |] taking fhelter in Du sik: him by the earl of March; and he thence » Berwic, lan Cire Al d, nixed Brisime nia to street Fiat ecient aid ren Eas pas DHruce on the tnrone of that kingdom, and may be deemed a > or | WN , 14} he gr ft overthrow that rlifh no ry, fin me iain | himfelf of his 1 341 CHA TPs xIV, Cb el mt Gest ithout counties w drew Harcla, rainft sey prince, elated by e was more fa ccef , which he took by affault: And ie his continued profperity, now entertained hopes of making on the Englifh. He-fent over his brother Edward, with an army of 6000 men, into Ireland ; and that nobleman affumed the title of King of Ireland: He himfelf followed foon after with more 4 ble and abf numerous forces: The horri ird oppreffions, the Englifh government, e ftandard of the Scots, whom But a grievous famine, A alinsaro rece aeliverers : I hat time defolated both Ireland and Britain, ” Scottifh army to the greateft ex ctremitl and Robert. was obliged to return, wih his forces much di- g minitfhed, into his own country. His brother, after having experienced a variety of fortune, was defeated and flain near Dund: by the Englifh, commanded by lord Berm- And thefe projeéts, too extenfive for the force vanifhed into fmoke, Epwarp, befides fuffering thofe difafters from the on of the Irifh, and above ottifh nation, thu: f the Scots and the infurre ed with a rebellion in W ictions of his own nobility, who took advan- s, infulted his fallen fortunes, and endeavoured to Big. ost x ae Re the ruins of the throne. Lancafter and the barons of his party, who had declined attending him on his Scottifh ex xpedition, no fooner faw him returt om liferace, than +4 Z Be aos 1 7 miniftry was new modeled by the direétion of Lancafte EDWARD I. 243 That prince was placed at the head of the co was declared, that.all the offices fhould be fll j time to time, by the votes of parliament, or rather, bj the will of the great barons*: And the nation, under this new model of government, endeavoured to put itfelf in a better pofture of defence againft the Scots. But the factious nobles were far from being terrified with the progrefs of thefe public enemies: On the contrary, they founded the hopes of their own future grandeur on the weaknefs and diftrefles of the crown: Lancafter himfelf was fufpe es with great appearance of reafon, of hold- ing a fecret correfpondence with the king of Scots: And chougty} he was entrufted with the command of the Eng- lifh armies, he took care that every enterprize fhould be difappointed, and every plan of operations prove unfuc- efsful. Av the European kir land, were at this time unacquainted with the office of a edoms, efpecially that of Eng- prime minifter, fo well underftood at prefent in all regular monarchies ; and the people could form no conception of aman, who, though ftill in the rank of a fubject, poffefled all the power of a fovereign, eafed the prince of the burthen of affairs, fupplied his want of experience or capacity, ee maintained all the rights of the crown, without degrading the greateft nobles by their fubmiffion to his sespesaty authority. Edward was plai inly by na- ture unfit to hold himfelf the reins of government: He had no vices ; but was unhappy in a total incapacity for He was fenfible of his own defeéts, and ferious bufi to be governed: Yet every favourite, ly = ate was regarded as a fellow- and ftation: He was the neceflarily whom he fucce fubject, exalted ab objec of envy to the great nobility : His character and his rank conduét were decryed with the people: His authority h Brady, vol, ii, p,122. from the records, app, N°. 61. Ryley, p. 560. v4 4 over Bw gests CH A P. ove 1S COI an ufurpa- {\ [ é be 1 cuaate bastard abeesonlen towwesy tion: And unlefs the prince h: d embraced the danoeroys 1 ; baba 1315. exper of « his power on rl of Lan- “ ptr a8. Wi < r or fome j n, whofe fam y interelt was {op ext » be ne to ma In Nis influence, * 1 yr ty ity upon the throne, scat aan h Je chief favourite, after the death of Gava- : 1, was Hugh le Defpenfer or Spenter, a young man lith 1, of high rank, and of a noble fa : wand fs, which -w tted to engage the weak mind ‘ it d ute of that moderation and re oq 1 him to mitigate 1 of the or and conduct him through all the dangerc ftation, to which he was ad- His father, who was the fame nar vho, by means of his fon, had alfo attained gr ence over the kine, was a nobleman venerable e i th all his p for wildom, va- Ir, itegrity, and well fitted, by his talents and ex- perience, could affairs have admitted of any tempera- r ve fupplied the defeéts both of the king and d’s attach- the ror rom parliament pretence for pro- a ily a 7 towaras ms Bi snnockburn The favourite ppulent rited. great poflefiions .in the j marcnes farther his influence ix 1 havine committed injuftice on A . =| pT alf Set | Ammori, who had alfo married family.. “Phere was likewife a baron in neiohbour- hood, called William de Braoufe, lord of Gower, who had made a fettlement of his eftate on Joh his fon-in and in cafe of hat nobleman rr ee ee or racrerord, in tiie Mowbray, on the is fathe -d immediately in pof- feffion of the moet ahs the ty of taking in from the crown : livery and fe veted that barony, perfuaded the tion the rigour of the fe which was the pre V was the proj j excited .a civil war in the kingdom, The earls of Lancafter and Hereford flew to arms ; Aud- ley and Ammori joined them with all their forces: “The de Mortimer and rufted f : : erable accefiion to the fford, with he Cnenfere the Spenfers, Sonia a And their re to the army bei king, w formidable, they fent a o him immediately {mifs or confine the ; and menacin oe him in cafe of refufal, o i with renouncing their homage and alle egiance to him, and taking revenge on that minifter by their own authority. They fearcely waited for an anfwer ; but immediately fe | upon the lands of young Spenfer, which they pillaged and deftroyed ; murdered his fervants, drove off his eat- tle, and burned his houfes°. They thence proceeded to r © Murimuth, a Trivet, cont, p, 250 » Monach, 4 commit F ENGLAND, AP. commit like devaftations on the eftates of Spenfer, the wv 332%. Q — father, whofe character they had hitherto feemed to Te- fpect. And having drawn and figned a formal affocia- tion among themfelves ?, they marched to London with all their forces, ftationed themfelves in the neighbour- and ¢ demanded of the king the banifh- both the § Thefe nobleasan were then fent ; the father abr them, employed in. differ commiffions; The king therefore replied, that his coronation hy by which he was bound to obferve the laws, reftrained him from giv- ing his affent to fo illegal a demand, or condemning noblemen who were accufed of no crime, nor had any opportunity afforded them of making anfwer 4. Equity and reafon were but a { BS tion to men, who had arms in their hands, eing already involved in victory. They tered London with their troops ; and giving in to the ment, which was shen fitting, a charge againft the rs, of which they attempted not to prove one 7 procured, by menaces and violence, a fen- seat thefe perpetual exile and attainder minifters'. This fentence was.voted by the lay barons alone: For the commons, though now an eftate in par- liament, were yet of fo little. confideration, that their affent was not demanded ; and even the voice of the pre- lates was negle&ted amidft the prefent diforders. The {fymptom, which thefe turbulen to law, was their requiring from the king an indemnity for their illegal proceedings * ; after which they difbanded their army, and feparated, in fecurity, as they imagin heir feveral caftles. P Tyrrel, vol. ii, p. 280, from the resifter of C. C, Canterbury, 4 Walling. p. 114. t Tottle’s collet, part 2, p. 50, Walling. yol, tii. Tus ED Ww HR DB. I. Tris a& of violence, in which the king was obli, to acquiefce, rendered his perfon and his authority contemptible, t every one thought himfelf entitled treat him neds estat The queen, having occafion foon after to pafs by the caftle of Leeds in Kent, which lord Badlefmere, defired a night’s lodgt belonged to th git tance, and fome of her attendar but was refuf who prefente s at the gate, were killed. Sd 1 infult upon this prince bs, who had-always endeavoured to live on good terms with the barons, and who joined them heartily in their hatred of the younger Spenfer, was an ation which no body pretended to aus and the sie thought, that he might, without giving genera tlumbrage, aflemble an army, and take vengeance < on the offender. No onecame to the affiftance of Badlefmere; and Edward 25 on foot, and prevailed *: But having now fome force having Eganeries meafures with his friends throughout Eng land, e ventured to take off the mafk, to attack all his enemies, and to recall the two Spenfers, whofe fen- tence he declared illegal, unjuft, contrary to the tenor of the Great Charter, paffed without the affent of the prelates, and extorted by violence from him and the eftate of barons ¥, Still the commons were not mentioned by Tue king had now got the ftart of the barons ; an ad- tage, which, in thofe times, was commonly decifive : And he haftened with his army to the marcl hes of Wales, the chief feat of the power of his enemies, whom he found totally unprepared for refiftance. Many of the barons in x 1 o ° thofe parts endeavoured to ap ppeafe him by f ubmiflion * + Their caftles were feized, and their perfons committed to cuftody, But Lancafter, in order to prevent the total t Rymer, vol, iii. p. 8g. Walfing. p. 114,115 T. dela More, p. 5¢ Murimuth, p. 56. u Walfing.s p. 115. w Rymer, vol, ui T. de la More, p. 595+ x Walfing, p. 115. Murimuth, p» 57- of ic) a ww Yr porte d ~aured } Avouread to de- © force ny meaft J. 1 harci his natural temper, he was clothed in a mean attire, placed on a > | without a bridie, e. a hood was put on his head, and in pofture, attended by the acclamations of the people, this d to an eminence near Pomfret, one prince was conduc ch 7 “5 and sre | OF nis OWN Ca ane there £ > Fuus perifhed Thomas earl prince of the blood, and one of that had ever been in England. His public condi 1 ficiently difcovers the violence. and turbulency of his character: His private deportment appears not to have been more innocent: And his hypocritical devotion, by which he gained the favour of the monks and populace, will rather be regarded as an ageravation than an allevia-~ “ 5 (ws wl ; 2 rv" >. , eimere, Grilfara, Darret, Wneyney, 2 , ¢ Fleming, and about Fain dor 7ey sftoryy fenders, were after were executed. M wn into prifon : Others made their efcape be Some of the king’s fers vants were rewarded from the feitures: Harcla receive { Cs for his fervices the earldom of Carlifle, and a lar which he able corre land. } > { ‘ aq + . _ thofe vaft efcheats was {fei ereatett part of Spenfer, whofe infatiable barons of the tial divifion of the higher than ever : enflamed by fuccefs, impelled him to commit many acts of violence : The people, who always hated him, made him ftill more the objec of averfion: All the relations of the attainted barons and gentlemen feer« Oo ly vowed res ® Leland’s Colls vol.4. p. 663¢ in appearance ré2 kingdom, the general contempt of the king ed dangerous humours, the ; and convulfions. {s could be expeéted from and Edward, after making one more fruit- pt againft Scotland, whence he retreated with r, found it neceflary to terminate hoftilities with ingdom, by a truce of thirteen years *. Robert, to the crown was not acknowledged in fed with enfuring his pofleffion of it Fe had repelled with gallantry had carried war both into Ireland: He had rejected with dif. who pretended to impofe his co ge him to make peace with hi : Hi is throne was firmly eitablifhed, as well inthe ‘iReBibcts of his fubje&ts, as by force of arms: Yet there naturally remained fome inquietude in his mind 4 b ] while at war witha { ate, which, however at prefent dif- itfelf fo much an over-match in numbers of people. And this truce was, at the fame time, the more feafonable for England; becaufe the nation was at that juncture } threatened: with hoftilities from France. Puitrp the Fair, king of France, who died in 1315; had left the crown to his fon Lewis Hutin, who, after a ‘ ing without male iffue, was fucceeded by Philip the Long, his brother, whofe death foon after le way for Charles the Fair, the youngeft brother of re: that family. ‘This monarch had fome grounds of com- plaint againft the king’s minifters in Guienne; and as there was on or equitable judge in that ftrange fpecies er, vol, lil, p, 1022, Murimuth, Ps 600 ED W AR D II. 25 of fovereignty, eftablifhed by the feudal law, he feemed © . x Pp orl, : iV. ed under that ‘pretence, to confi{cate all his foreign domi- 1324 efirous to take advantage of Edward’s weaknefs, and , nions *. After an embafly by the earl of Kent, the king’s brother, had been tried in vain, queen Ifabella obtained permiffion to go over to Paris, and endeavour to adjuft, in an amicable manner, the difference with her br But while fhe was making fome progrefs in this negocia- tion, Charles ftarted a new pretenfion, the juftice of which could not be difputed, that Edward himfelf fhould appear in his court, and do homage for the’ fees which he held in France. But there occurred many difficulties in complying with this demand. Young Spenfer, by whom the king was implicitly governed, had unavoidably been engaged in many quarrels with the queen, who afpired to the fame influence; and though that artful princefs, on her leaving England, had diffembled her animofity, Spen~ fer, well acquainted with her fecret fentiments, was un- willing to attend his mafter to Pari and appear in a court, where her credit might expofe him to infults, if not to danger. He hefitated no lefs on allowing the king to make the journey alone; both fearing, left that eafy prince fhould in his abfence fall under other influence, and forefeeing the perils, to which he himfelf fhould be ++ expofed, if, without the protection of royal authority, } } enerally 1 ained in FE. j } . - {- he remained in England, where he was fo ¢ While thefe doubts occafioned delays and difficul ™ hella nror re th- vd Sepa: fa Sr To pats he d ninn At bella propofed, that Edward fhould refign the dominion of ys Ler 5s Guienne to his fon, now thirteen yea the prince fhould come to Paris, ets Lat Liam > arhict anda do the nomage wanicn every vaflal owed to his fuperior lord. which feemed fo happily to remoye all difficulties, was immediately embraced: Spenfer was charmed with the contrivance: Young Edward was fent to Paris: And the f Rymer, vol, iv, p. 74; 98. 1ad there found e his fubtmiffion to on; but hav- is afterwards detained 1¢ his confines fortunate as to make his efeape into France; 1 one « 1@ moft confis i now remaining of the party, as well a f his violent an acaintt Spenfer, he I was eafily admitted to pay his court t en Tfabella: iW The es of his perfon and addrefs him quick= ie oe me her confident and coun | ; ‘ - and whom fhe never valued, fl Mortimer’s cor 1eS 3. anc } mee ‘ her hands the young prince, a Leten tne meee Aen KING, aS Weli as OF fhe refolved on re his favourite, She en ae ee macy with her: A with the malcontent ward, informed of tho $ Rymer, vol. iv. p, 7, 8, 20. EDWARD tr. 2 her {pe dily to return with the prince, fhe plied, that fhe would never fet foot in the Spenfer was forever removed from his prefence and couh+ 1325 cils: A declaration, which procured her gt in England, and threw a decent veil over “all he able enterprizes. EDWARD endeavoured to put himfelf in a pofture ‘of defence: ; but, befides the difficulties arifine from his own aii ats and flender abilities, and the want of authority which of confequence dice all his refolutions, it not eafy for him, in the prefent ftate of the kingdom ; J > revenue, tO maintain a conftant force ready to repel an invafion, which he knew not at what time or place he had ‘ + a tainie reafon to expect. All his efforts were unequal to the | 1 rh aiterous and hoftile confpiracies, whi th, both at home aa abroad, were forming againft his authority, and which were daily penetrating farther even into his own family. His brother, the earl of Kent, a virtuous but 1 by his fifter-i 3 coufin ger- who was then at Paris, was eng and by the king of France, who w man, fo give countenarice to the invafion, whofe fole ob- ject, he believed, was the expulfion of the Spenfers: He CONT i prevailed on his elder brother, the earl of snter fecretly into the fame defion : The earl of Leicetter . brother and heir of the earl of Lancafter fe reafons for his hatred of thefe miniftcrs, t n= currence. Walter de Revnel, archbifhop of " and many of the prelates, exprefled the he queen’s meafures: Several of the metft potent barons envying the authority of the favourite, were ready to fly to arms: The minds of the people, by ny calummnies, were ftrongly difpofed to the od nra e~truths: a fame party: And there needed but the appearance queen and prince, with fuch a body of en troops, as i Rymer, vol. iv, p, 184, 188, 226, Vou. Il. Aa micht re her proteétion againft immes e violence, to turn all this tempeft, fo artfully pre Ls} ne un ihappy Edward. {ARLES, though he gave countenance and affiftance tion, afhamed openly to fupport the queen againft the authority of a hufband and father; obliged to court the alliance of fome potentate, from whofe dominions the might fet out.on her intended enterprize.. For this purpofe, fhe afianced young Edward, whofe tender age made him in- judge of the confequences, with Philippa, he count of Holland and Hainault *; and open affifta e of this prince, and the on of her brother, inlifted in her fervice near men, fhe fet out from the harbour of Dort, and d fafely, and without oppofition, on the coaft of Suf- The earl of Kent was in her company: Two i of the blood, the earl of Norfolk, and the f Leicefter, joined her foon after her landing with I elates, the bifhops of Ely, PC) n fent to ae ee all favourable, fhe of her en- 1 from the ty- -hancellor Baldoc, their allured by her iin themifelves prince in her army: ¥ pod, Neutt. m Yp0ce And EDWARD TI, 355 And a weak irrefolute kin g, fupported by minifters rally odious, was unable to ftem this torrent, which bore, eee ce aca Ce afal with fuch irrefiftible vi Epwarp, after trying in vain to rouze the citizens of London to fome fenfe of duty", departed for welt, where he hoped to meet with. better reception saa he overed hi had no feoner than the r weaknefs by leaying the city, ce broke out without controu] againft him and his minifters. Th ey firft plundered, then > who were ebriexintis to them: They ’ Exeter, a virtuous and loyal prelate, ing through the ftreets ; and h having be- headed him, they threw his bo: ly into the river°. T‘hey made themfelyes mafters of the Tower by furprize ; and as he was pafi then entered into a formal affociation to put to death, without mercy, every one who fhould dare to oppofe the enterprize of queen Ifabella, and of the prince ?. A like {pirit was fooen communicated to all other parts of Eng- Jand ; and threw the few fervants of the king, who ftill chintioined thoughts of performing their duty, into terror and aftonifhment. Epwarp was hotly purfued to Briftol by the earl of gn forces under John de Hai Kent, feconded by the forei nault. He found | himielf difappointed in his expeCations } with regard to the loy alty of thofe parts ;°and he pafied over to Wales, pe be he flattered himfelf, his name was more popular, and which he hoped to find uninfe@ed with the contagion of se rage, which had feized the Eng- lifh, The elder Spenfer, cre was left governor of the caftle of ated earl of Winchefter, Britto] 3; but the garrifon mutinied againft him, and he was delisered 3 into the hands of his enemies. ‘This venerable noble, who hac tt a. nearly reached his ninetieth year, was inftantly, Withou ® Walfing. p. 124, © Walfing. p. t24.. T, dela More Morimutn 66, P Walfing. p..124. ah p. 67. > Pe 356 HISTORY OF .ENGLAND,. CH A P. trial, or witnefs, or accufation, or anfwer, condemned t¢ XIV. : death by the rebellious barons : He was hanged on a gib- 3326, The king dethroned. bet ; his body was cut in pieces, and thrown to the dogs'; and his head was fent to Winchefter, the place whole title he bore, and was there fet on a pole, and expofedto the infults of the THE king, Spiess anew in his expectations of fuccour from the Welfh, took eet ge for Ireland; but being driven back by contrary winds, he endeavoured to conceal himfelf in the mountains er Wales: He was foon difcovered, was put under the cuftody of the earl of Leicefter, and was confined in the caftle of Kenilworth. ‘The younger Spenfer, his favourite, who alfo fell into the hands of his enemies, was executed, like his father, without any appearance of a legal trial * : The earl of Arundel, fect the only man of his rank in England, who had maintained his loyalty, was alfo, awitlionet any trial, put to death at the inftigation of Mortimer: Bil- doc, - eee being a prieft, could not with fafety be fo fud lenly dif apatGeeS > but being fent to the bifhop of ns reford’s palace in London, he was there, as his ere- mies probably forefaw, feized by the populace, was thrown into Newgate, and foon after expired, from the cruel ufage which he had receis . Even the ufual erdotal character, gave wey, er confideration, to the prefent rage of the people. "Tx Treen Bey Fees | C34 £ ¢} $46 Tan FHE queen, to avail herfelf of the prevailing delufion, RUREITIGHED: in the kine’ a parliament at Wdt- her with the power of her army, izans among the barons, who their paft treafons by commit- Leland’s Coll. vol Froifiart, liv. i, chap. 13 W i . 18S, Ypod, Neuft, ting BLD Wa R D 257 ting new acts of wolence againft their fovere fhe ex- © B ae, ‘ civ, pected to be feconded by the fury of the popi flace, the gy moft dangerous of all inftruments, and the leaft anfwer- 1327- i3th Jan. able for their excefles. A charge was drawn up againft the king, in which, even though it was framed by his inveterate enemies, nothing but his narrow genius, or his misfortunes, were objected to him: For the greateft ma- lice found no particular crime with which it could re- proach this unhappy prince. He was accufed of incapa- city for government, of wafting his time in idle amufe- ments, of neglecting public bufinefs, of being fwayed by evil counfellors, of having loft, by his miiiicadat th kingdom ef Scotland, and part of Guienne; and to fwell the charge, gven the death of fome barons, and the im- prifonment of fome prelates, convicted of treafon, were laid to his account"... It was in vain, amidft the violence of arms and tumult of the people, to appeal either to law or to reafon: The each ion of the king, without any ap- earing oppofition, was voted by parliament: The prince, already declared reg by his party“, was placed on the throne: And a deputation was fent to Edward at Kenil- worth, to require his refigngtion, which menaces and terror foon extorted from him. Bur it was impofible, that the people, however cor- rupted by the barbarity of the times, {till farther enflam f by faction, could for ever remain infenfible to the voi of nature. Here, a wife had firft deferted, next invaded, and then dethroned her hufband; had made her infant fon an Sawant in this unna — treatment of his fa- ther; had by lying pretences feduced the nation into a ign; had pufhed them into fas rebellion againft their fovei violence and cruelties, that had difhonoured them: All thofe circumftances were fo odious in themfelves, and ", Kayghton, p. 2765, 2766. Brady's App. No, 72, Ww Rymer, vol,iv. p. 137. 3+ P. 125» formed HIS ORY OF. ENGLAND: med fuch a complicated fcene of guilt, that the leaf st fe reflection fufficed to open men’s eyes, and make them de- |} Lr~Vw™. } , Teit tillS nag rant infringement of every public and private duty. The oe which foon .arofe of Ifabella’s eric minal commerce with Mortimer, the proofs which daily broke out of this part of her ouilt part of her guilt, encreafed the general norrence againft her; and her hypocrify, in publicly ? vith tears the kin s unhappy *> was not able to deceive even the moft ftupid and moft prejudiced In proportion as the queen became the atred, the dethroned monarch, who had f her crimes and her ambition, was re ity, with friendfhip, with veneration: And J? 6) £ men became fenfible, that all his mifconduét, which fac- > 1 c } 1 : 1 tion had fo much exaggerated, had been owing to the Hl unavoidable weaknefs, not to i = ny voluntary depravity of y his-charaéter, The earl of Leicefter 5 now earl of Lan- fF ry = whofe cuftody he had been committed, was a foon touched with thofe generous fentiments ; “and befides r his dewed his cheeks ; and he exclaimed, that, in fpite of their infolence, he fhould be {haved with clean and warm water’. But as this method of laying Edward in his grave appeared ftill too flow to the impatient Mortimer, he feeretly fent orders to the two keepers, who were at his fians contrived to make the manner of his death as cruel vation, inftantly to difpatch him; and thefe raf- and barbarous as poffible. “Taking advantage of Berke- 7 ley’s ficknefs, in whofe cuftody he then was, and who was thereby incapacitated from: attending his charge? they came to Berkeley-caftle, and put themfelves in Gon of the king’s perfon. They threw him on a xed ; held him down violently with a table, which they flune over him ; thruft into his fundament a red-hot iron, 8 which they inferted through a ho wards marks of violence upon his p by this expedient, the horrid deed was difcovered to a the guards and attendants by the fcreams, with which the agonizing king filled the caftle, while his bowels were confuming. Gournay and Mautravers were held in general detef- tation; and when the enfuing revolution in England threw their proteétors from power, they found it necef- fary to provide for their fafety by flying the kingdom. Gournay was afterwards feized at Marfeilles, delivered over to the fenefchal of Guienne, put on board a fhip with a view of carrying him to England; but was be- headed at fea, by fecret orders, as was fuppofed, from fome nobles and prelates in England, anxious to prevent any difcovery, which he might make of his accomplices. Mautravers concealed himfelf for feveral years in Ger- % T, dela More, p, Go2, 4 Cotton's Abridg. p. 3. Aas many 3 s of rendering fome feryice i to app ch his perfon, threw pa , fubmitted to mercy, 1an more innocent and in- i whofe tragical death srince lefs fitted for governing e and turbulent peaple, fubjected to his autho. rity. e was oblised to deyolve on others the weight of government, which he had neither ability nor inclination o bear: The fame indplence and want of penetration led him to make choice of minifters and favourites; who were not alwavs the beft qualified for the truft committed to them : eae feditious orandees, pleafed with his weaknefs pretence of attacking his nd invaded his authority and invaded his authority: {taking the fource of their grievances, threw all the blame upon the king, and en- And. re) seine’ be ce, mift creafed the public diforders by their faction and violence, It was in vain to look for proteGtion from the laws, whofe voice, always feeble in thofe times, was not heard amidt the din of arms: What could not defend the king was lefs able to give fhelter to any of the people: The whole machine of government was torne in pieces with fury and violence: And men; inftead of regretting the manners of their age, and a form of their conftitution, which re- quired the moft fleady and moft {kilful hand to conduct them, imputed all errors to the perfon, who had the mif ed with the reins of empire, Bu though fuch miftakes be natural and almoft uns while the events are recent, it is a fhameful ile ‘lusion in modern hiftorians, to im: agine, that all the ancient princes, who were unfortunate in their govern= ment, were alfo tyrannical in their ‘cond du&, and that the RP WwSAR DP FH 36x ] 1 feditions of the people always proceeded from fome inva-© H A Ps 1 d fion of their oat by th e monarch, Even a great pa mey and a good king was not in that 2 age fecure ag vaintt faction 1327. and rebellion, as appears in the cafe of Henry Il. but a great king had the beft chance, as we learn from the hif tory of the fame period, for quelling and fubduing them. Compare the reigns and aca of Edward I. and If. The father made feveral violent sar againft the li ber- ties of the people: His barons oppofed him: He wag obliged, at leaft found it prudent, to fubmit: But as they dreaded his valour and abilities, they were content with reafonable fatisfad tion, and pufhed no farther their advantages againft him. ‘The facility and weaknefs of the fon, not his violence, threw every thine into confu- fion: The laws and government were overturned: An attempt to reinftate them was an unpardonable crime: And ng atonement, but the depofition and tragical death of the king himfelf, could give thofe barons contentment. It is eafy to fee, that a conftitution, which depended fo much on the perfonal character of the prince, muft ne~ ceflarily, in many of its parts, be a government of will, not of laws, But always to throw, without diftinction, the blame of all diforders upon the fovereign, would in- troduce a fatal error in politics, and ferve as a perpetual apology for treafon and rebellion: As if the turbulency of the great, and madnefs of the people, were not, equally with the tyranny of prince: ssid incident to human fo~ ciety, and no lefs carefully | to be guarded againft in every ; et regulated conftitution. Wuite thefe abominable fcenes pafied in England, Mifcellane- the theatre of France was ftained with a wickednefs equally , ete barbarous, and ftjll more public and deliberate. The this reign. order of knights templars had arifen during the firft fer- vour of the Crufades ; and uniting the two gualitics the moft popular in that age, devotion and yalour, and exer- cifing both in the mioit popular of all enterprizes, the de- fence ENGLAND > le rapid advances in from the piety of y country of Eu- at riches, joined to the courfe of time, had, by degrees, relaxed the feve- rity of thefe virtues; and the eStart had in a creat sopularity, which firft raifed them. to nt f inted from experience with rs of thofe fruitlefs expeditions to chofe to enjoy in eafe their opu- in Europe: And being afl mem of birth, educated, according to the cuftom of that age, without i in tincture of letters fcorned the ignoble occu- + pations of a monatftic } paffed ti ir time wholly in the fafhionable amufements of hunting, gallantry, and the pleafures of the table. Their rival order, that of St, John of Jerufalem, whofe ES had as yet preferved ill diftinguifhed themfelves ainft the “infidels, and fucceeded to them from like corruptions, # by their enterprizes a ll the popularity, which was loft by the indolence and luxury of the templars. But though thefe reafons had weakened the foundations of this order, once fo cele- brated and revered, the immediate caufe of their deftruc- tion proceeded from the cruel and vindi@tive fpirit of Philip the Fair, who, having entertained a private difgutt againit fome eminent templars, determined to gratify at once his avidity and reven by involving the whole guifhed ruin. On no better infor- mation, than that of two knights, condemned by their to perpetual imprifonment for their vices and siligacy; he ordered on one day all the templars in France to i committed to prifon, and imputed to them fuch enormous and abfurd crimes, as are fufficient of them- ¥,.1 ey 5 ¥ ad : felves to deftroy all the credit of the accufation. Befides their being univerfally charged with murder, robbery, and Pe eo fe ag es BD WearR DP HN, and vices the moft fhocking to nature ; every one, it was C pretended, whom they received into their order, obliged to renounce his Saviour, to fpit upon the crofs ¢, and to join to this impiety the fuperftition of worthipping a gilded head, which was fecretly kept in one of their houies at Marfeilles; They alfo initiated, it was faid, every candidate by fuch infamous rites, as could ferve to no other purpofe, than to degrade the order in his eyes, and deftroy for ever the authority of all his fuperiors over him‘, Above a hundred of thefe unhappy gentlemen were put to the queftion, in order to extort from them confeflion of their guilt: ‘The more obftinate eee a the hands of their tormentors: Several, to procure im- mediate eafe in the violence of their agonies, acknow- ledged whatever was required of them : Forged confeffions were imputed to others: And Philip, as if their guilt were * now certain, proceeded to a confifcation of all their trea- But no fooner were the templars relieved from their tortures, than, preferring the moft cruel execution to a life with infamy, they difavowed their confeffions, exclaimed againft the forgeries, juftified the innocence of their order, and appealed to all the gallant actions, per- formed by them in ancient or later times, as a full apo- logy for their conduét. The tyrant, enraged at this difappointment, and thinking himfelf now engaged honour to proceed to extremities, ordered fifty-four of them, whom he branded as relapfed heretics, to perifh by the punifhment of fire in his capital: Great numbers expired after a like manner in other parts of the kingdom : And when he found, that the perfeverance of thefe un- happy victims, in juftifying to the laft their innocence, had made deep impreffion on the fpeétators, he endeavoured to overcome the conftancy of the templars by new inhu- © Rymer, vol. iii, p. 315 107, d Jt was preten , that he kifled the knights who received him on the Mouth, aaveland breech, Dupuy, pers, 16, Wall, p. 99. manites, 363 HAP. XIV, Was ad 1327. ‘to the fovereign of 3327. Dauphi Wy, Ww e cond toa ff ld, veroreed before a trick ferutiny; i the them ; but no where, except in France, were the fmallef j i i ; f i F f ; were their aa 1 with a grievous Perpetual raing velt, but bred a mortz among the cattle, and raifed every kind ox feod to an enormous prices, “The parliament, i Bias 1215, endeayoyred to fix more moderate rates to commo- ; not fenfible that fuch an att t was impracti icable, and that, were it poflible to reduce ice pf provifions ee . sae £ © Vertot, vol. if. p. 742. # J . iis pe 92g, 95 COM> Pe T7y EDWARD fi 36 by any other expedient than by introducing plenty, no- © ae Ps thing could be more: pefnicious and deftructive to the sx i public. Where the produce of a year, for inflance, falls *527+ fo far fhort, as to afford full fubfiftance only for nine months, the only expedient for making it laft all the twelve, is to raife the prices, to put the people by that means on fhort allowance, and oblige them~ to fave their food; till a more plentiful year. But in reality, Cc the encreafe of sis a neceflary confequence of fcar= city; and laws, inftead of preventing it, only aggravate the evil, by cramping and reftraining commerce. The parliament accordingly, in the enfuing year, .repealed their ordinance, which they had found ufelefs and brrt- denfome *. THE prices affixed by the parliament are fomewhat re- markable: Three pounds twelve fhillings of our prefent oO money for the beft ftalled ox ; for other oxen, two pounds eicht fhillings: A fat hog of two years old, ten ghillin A fat wether unfhorn, a crown ; if fhorn, three fhillings and fix-pence: A fat goofe, feven-pence halfpenny: A fat capon, fix-pence: A fat hen, three-pence: Two chickens, three-pence: Four pigeons, three-pence: ‘Two dozen of egos we fhall find, that butcher’s meat, in this time of great , three-pence!. If we confider thefe prices; fearcity, muft ftill have been fold, by the parliamentary ordinance, three times ae than our middling prices at prefent: Poultry fomewhat lowér ; becaufe, being now eonfidered as a delicacy, it has rifen beyond its propor- tion. Jn the country places of Ireland and Scotland, where del bear no price, poultry is at prefent as 3 “ 1 } Listcnere T =v 5 Pewd ak cheap, if not cheaper, than butcher’s meat. But tt ference [would diaw fi comparifon of price - ~ | 4 L ra more con i that tne rates, 5 Walf. p, TOF. i Rot. Pash 9 ny 35, 35 Yood. Weult, p. soz lament, > 366 HISTORY: OF ENGLAND, CHAE XIV, sore y thofe years of famine antl mortality of cattle; and that 3*7* thefe commodities, inftead of a third, had really rifen: a half of the delat value. But the famine at that time was fo confuming, that wheat was fometimes fold for above four pounds ten fhillings a quarter *, ufually for three pounds!; that is, twice our middling prices. A P. parliament, were inferior to the ufual market prices in Seas ‘aw certain proof of the wretched ftate of tillage in thofe ages, We formerly found, that the middling price of corn in that period was half of the prefent price ; while the mid- price of cattle was only an eighth part: We here fame immenfe difproportion in years of f{earcity, thence be inferred with certainty, that the raifing of corn was a fpecies of manufactory, which few in that age could practife with advantage: And there is reafon to think, that other manufactures more refined, were fold even beyond their prefent prices: At leaft there is a de- monftration for it in the reign of Henry VIL, from the rates affixed to fcarlet and other broad cloth by act of par- liament. During all thofe times, it was ufual for the princes and great nobility to make fettlements of their velvet beds and filken robes, in the fame manner as of their eftates and manors ™. In the lift of jewels and plate, which had belonged to the ateoetoe Gavafton, and Which the king recovered from the earl of Lancafter after the murder of that favourite, we find fome embroidered girdles, flowered fhirts, and filk waiftcoats™. It was afterwards one article of accufation againft that potent and opulent earl, when tried for his life, that he had purloined fome of that finery of Gavafton. The igno- rance of thofe ages in manufactures, and efpecially in £ tillage, feems a clear proof that t they were far from being populous. k Murimuth, p. 48, Walfingham, p. 108, fays it rofe to fix pound". 1 Ypod. Neuft. p, §92. Trivet, cont. p. 18. m Dugdale paffim, ™ Rymes, vol, iii. Po 3526 ALL EE: D. We AcR. D il; ALt trade and manufactures indeed were then at a very ‘ 4C Europe, where they feem to have rifen to any tolerable degree of improvement, was Flanders. When Robert, earl of that country, was applied to by Edward, and was defired to break off commerce with the Scots, whom Ed- ward called his rebels, and reprefented as excommuni- cated on that account by the church, the earl replied, that Flanders was always confidered as common, and. free and open to all nations °. THE petition of the elder Spenfer to parliament, com- plaining of the devaftation committed on his lands by the barons, contains feveral particulars, which are CUrloUusy and difcover the manners of the age?. He affirms, that they had ravaged fixty-three manors be longing to him, and he makes his lofles amount to 46,000 pounds; that is, to 138,000 of our prefent money. Among other par- ticulars, he enumerates 28,000 fheep, 1000 oxen and heifers, 1200 cows with their feel for two years, s6o cart horfes, 2000 hogs, together with 600 bacons, 80 carcafles of beef, and 600 muttons in the larder ; ten tuns of cyder, arms for 200 men, and other warlike en- gines and provifions. The plain inference is, that the greateft part of Spenfer’s vaft eftate, as well as that other nobilit wy». was farmed ie the landlor i himfelt, eafe to hufband- men: Its produce was confumed in ruftic hofpitality by the baron or his officers: A great number of idle re- tainers, ready for any diforder or mifchief, were main- tained by him : All who lived upon his eftate were abfo- lutely at his difpofal: Inftead of applying to courts of juftice, he ufually fought redrefs by open force and viow ° Rymer, vol. iii, p. 770, P Brady’s hift, vol, ii. p. 143, from Clauf, 15 Edw. U..M.14, Dors, in cedula, lence : ow ebb. The only country in the northern parts of CHAP. Jence: The r N GLAND: kind of independant XIV; Henle, & potentates, to any regulations at *327- all, were le f ¢ governed by the municipal law; than bya pecies of the law of nations: The method, which we find Fae ee the king’s favourites and mi4 nifters, is a proof of their ufual way of dealing with each other. A party; which complains of the arbitrary con- duct of minifters, ought naturally to affect a great regard for the laws and conftitution, and maintain at leaft the appearance of juftice in their Ee eeditigs: Yet thofe ba- rons, when difcontented; came t ‘ome ament with an armed force, conftrdined the king to aflent to their mea- fures, and without any trial or witnefs or conviction; pafled, from the pretended notoriety of faéts; an aétof banifhment or attainder againft the minifter, which, on the firft revolution of fortune, was reverfed by like expe- dients. ‘The parliament, during faCtious times, was no- i oS > thing but the organ of prefent power. Though the per fons, of whom it was chiefly compofed, feemed to enjoy great independance, they really poffeffed no true liberty; and the fecurity of each individual among them; was not fo much derived from the general protection of law, a8 rom his own private power and that of ‘his confederates. he authority of the monarch, though far from abfolute; was irregular, and might often reach him: The current of a faction might overwhelm him: A hundred confider- ations, of benefits and injuries friendfhips and animo- fities, hopes and féars, were able to influence his conduct; and amidft thefe motives a recard to equity and law and of little mo- ment. Nor did any man entertain thoughts of oppofing juftice was common ly, in thofe rm . prefent power, who did not deem himfelf ftrong enough to difpute the field with. it by force, and was not pre- pared to give battle to the ign or the ruling party: Brroreé FORE | conclude this is 5 T cannc he detail of | offes eiven in by 11... C2 tne elder 5 ‘al itity of falted i scrifer ; + partciilarly, the great quai x meat which he had in his latder, 600 bacons, 80 caffes of beef, 600 muttons; We may obferve that the outrage, of which he complained, began after the third of or the eleventh new ftyle, as we learn from the fame oh It is eafy therefore to con jecture what a vaft ftore of the fame kind he mif have laid up at the begin- hing of winter ; and we may draw a new conclufion with regard to the wretched fate of ancien hufband ry, which could not provide fubfiftance for the cattle dufing winter} even in fuch a temperate climate as the fouth of Eng- land: For Spenfer had but ote manor fo far north as Yorkthire: There being few or no inclofures, except perhaps for deer; rio fown grafs; little hay, ari no other tefource for feeding cattle; tlhe barons, as well as the people, were obliged to kill and falt their oxef and fheeps at the beginning of winter, before the ey became lean upon the common pafture: A precaution ftill l practifed with regard to oxen in the leaft cultivated parts of this ifland: The falting of mtitton is 4 mif€rable expedient, which has every whiere been long difufed: From this circum- ftance; haivéy er trivial in appearance; may be drawn im- portant inferertces; with recard to the domettic deconomy and manner of life in thofe ages. Tue diforders of the time = fret foreign wats and “ teftine diffentions; but abave all the crnel famirie, whic obliged the nobility to difmifs many of their jeter? éncreafed the number of robbers in the kingdoin; and no place was fecute from their incurfions °. They thet in troops like armies; and over-ran the country. Two tardinals; themfelves, the pope’s legates; riotwithftand- ing the numerous traitij:“Which attended them; were * Ypod, Newt. p. 502, Walf p, 167, Vor. Il; Bb robbed; oh uk CHA n 4 ee ONG he perfons commen, ‘tains; and men being who were account Cr OWE *nftance gnicance expences pantry, a burt! GLAND, ; eo and equipage, when xr t the other wild fancies of the age, it was ima- ane afrected 1 a probab i. from of any pretence to get nd many of thofe this fo were punifhed in their fame chimerical confifcated’ on the curious in this the aii or gives us a nob yi hity contains the pounds. — For 369 4 hic &es o pounds of the cheap- pounds, containing ac- There -rown’ paid to one for of this king. the events of the fy undertaking. 4 two. fons and twe and fucceflor ; John, , who died young at ied to David Bruce, king to Regi vinald, count tof Trivet, comts p. 2% CHAP, S ? tween his foreign forces and the up with an army fo rapid in i cumbered in its motions. Though of burning villages dire&ted him fu of their encam ipment, he four that they had already diflodged ; > foon dife by new marks of devaftation, that they had removed to fome diftant quarter. After harafling his ar rmy duri fome time in this fruitlefs chace, he advanced northwards, and crofled the Tyne, with a refolution of awaiting them on their return homewards, and taking vengeance for all their depredations 7. But that whole cou: already fo much wafted by their frequent SA that * Froiffard, liv, iv, chap, 18, Y Ibid, liv, i, chap. 17. 2 Ibid. liv. iv. chap, 19, Bb 3 it a ‘ Baas as rORY OF ENGLAND. could not afford fubfiftance to his army; and he was cain to return fouthwards, and change his plan of operations. He had now loft all track of the enemy; ugh he promifed the reward of a hundred pounds year to any one who fhould bring him an account of i he remained unattive fome days, before he received any intelligence of them *. He found at laft, that they had fixed their camp on the fouthern banks of the Were, as if they intended to await a battle ; but their prudent leaders had chofen the ground with fuch i judgment, that the Englifh, on their approach, faw it impracticable, without temerity, to crofs the river in their front, and attack them in their prefent fituation, Edward, impatient for revenge and glory, here fent them a defiance, and challenged them, if they dared, to meet ld, and try the fortune of arms. The could ill brook this bravade, ance of the challenge; but he on who replied to Edward, that 1e counfel of an enemy in any of his ope- desectere kept fill his pofition eppo- 1 daily expected, that neceflity would g cir quarters, and givé him an overwhelming them with fuperior forces After a few days , fuddenly decamped, and marched farther up the river; but ftill pofted t themfelves in si manner, as to preferve the advantage of the ground, i > to attack them >. Edward in- hazards fhould be run, rather than allow to e{cape with impunity ; but Mortimer’s i and. oppofed itfelf to the » monarch. While the armies lay in tion, an incident ha appened which ha ad well nigh Dougla las, having got the Mard, liv, ive chap, 19. d Froif- word, Be Dow tt AR: Dp DRE word, and furve camp, entered it fe ‘etly in the night-time, with a body of two hundred determined foldiers, and eee to the royal tent, with a view of et or carrying off the king, in the midft of his army. But fome of Edward? g attendants, awaking in that critical moment, made refift- ance; his chaplain and chamberlain facrificed their ‘ives for his fafety ; the king himfelf, after making a valorous defence, efcaped in the dark: And Douglas, having loft the greateft ‘part of his followers, was glad to make a hafty retreat with the remainder*. Soon after, the Scot tifh army decamped without noife in the dead of night; and having thus got the ftart of the Englith, arrived without fa urther lofs in their own Cé try.’ Edward, on entering the place of the Scottifh encampment, found only fix Englifhmen, whom the enemy their legs, had’ tied to trees, in order to pre carrying any intelligence to t THE king was |} ly incentfed at the difaj which he had met with, tenterprize, and at the head-of fo gallant an army he fymptoms, which had dieiycied of i {i rave extreme faction, 1 as fure prognottics of an illu- peal aime” eral aiipic f{trious reion: fell violently on Mortimer, who was already the object of public odium : And ‘every meafure, which he purlued, tended to agera- vate, beyond all bounds, the of the nation both r was formed, Mortimer, ower, had taken no care ae ei PES: Re acon I it ance of moderation iniquitous and moft ambi- : 2 rx 3 +} ar et] entirely vlefs tious projects. He rendered that council entirely ufelefs ¢ Froitffard, iv, chap 1O. He ning ford, Pp. 26%. YWpod, Neuf, Ps $09. Kayghton, p. 259%. d Froifiard, liv, iv, ehap, 195 ed exactly the fituation of the Englifh©® #4 P: 375 XV. aid 1327. fovereion authority, So sed greater part of the er the princes of iblic meafure; the 1 y his creatures, that no ace 1 to him; and all the envy, which i6ON ania wing hatred of the ny terms, to fecure peace abroad; and he entered into a negociation with = oO t Robert Bruce for that purpofe. As the claim of fuperi- more than any other caufe, had tended animofities between the two nations, Mor. ifented to refign abfolutely this pretenfion, to o a by the Scottifh parliament independant In return for thefe advant 7 the pay was ratified by parliament f ; but irce of great difcontent among the tered zealoufly into the preten- ning themfelves difgraced by > by fo inferior a nation, were treaty, in all future hopes both of od, Kent, Norfolk, and Lan- cafter, were much united in their councils ; and Mortt- eat fufpicions of their defigns againl them to parliament, he firidtly | ? prohibited them, in the king’s ni: from coming at- 2 c=] tended by an armed force, an illegal but ufual practice ‘The three earls, Salifbury, ED WAR D IA, Salifbury, the place appointed for the meeting of parlia- ment, found, that, though they themfelves, in obedience to the king’s command, had brought only their ufual retinue with them, Mortimer and his party were attended by all their followers in arms; and they began with fome reafon to apprehend a dangerous d a againt their per- fons. ‘They therefore retreated, aflembled their retainers, and were returning with a nh army to take vengeance on Mortimer; when the Snilenets of Kent and Norfolk, who deferted the common caufe, obliged Lancafter alfo to make his fubmiffionss. The quarrel, by the interpo- fition of the prelates, feemed for the prefent to be ap= peafed, Bur Mortimer, in order to intimidate the’ princes, determined to have a viétim; and the fimplicity,. with the good intentions of the earl of Kent, afforded him By to perfuade foon after an opportunity of p himfelf and his emiffaries, he that prince, that his brother, king Edward, was ftill alive, and detained in fome fecret prifon in England. The earl, whofe remorfes for the part which he had acted againft the late king, probably inclined:him to give cre- dit to this intelligence, entered into a defien-of reftoring him to liberty, of re-inftating him on the throne, and injuries which he himfelf had unw arily done him®. After this harml lefs of thereby making fome atonement for the contrivance had been allowed to proceed a certain length, the earl was ieized by Mortimer, was accufed before the parliament, and condemned by thofe flavifh, though tur~- bulent Mortimer’s fon; and the reafon affigned was the illegal 1 manner of proceeding ™. ‘I'he principles of law and ] juftice were eftablifhed in England, not in fuch a degree as to prevent any iniquitous fentence againit 2 perfon ob- noxious to the ruline party ; but fufficient, on the return of his credit, or that of his friends, to ferve as a reafon or pretence for its reverfal Kk Avelbury, p. 9g. 1 Brady’s App. No. 83. Anon 397s 393. K.ayghton, p. 2556. m Cotton's Abridg, F i , ma s 2 FOrd, he future be obliged ‘ fuch indi@ment, ‘The queen was confined to tes wn ial ufe at Rifings ‘ revenue was reduced to 4000 pounds And though the king, during the remainder of cent vifit once or twice a year, fhe never was able to ee herfelf in any credit or au. thority. ARD, haying now taken the reins of government into his own hands, applied himfelf, with induftry and to redrefs all thofe grievances, which had ele ded from want of au ithority in the crown, or abufes of it. He iflug rits to the judges, minifter juftice, w 9 paying any regard to arbi itrary orders from a minifters: And as the robber rs, thieves, murderers, and criminals of all kinds, public convulfions, multiplied tO an enormous decor an rer senly protected by the great barons, who made ufe of them againtt their enemies, the king, after exaing fr he peers a fo las promife t they wou ld break off all connexions mfelf in pe to remedy s had become fo numerous, his own prefence to difperfe them; and he 1 7 both coura: ge and induftry in executing this falu- ; minifters of juftice, from his example, the utmoft di ig nee in difcovering, purfuing, and punifhing the criminals ; and this diforder was by degrees corrected, at leaft palliated ; the utmoft that could r Cotton’s Abridg, p. 10, © Cotton’s Abridg. Be expected with regar to inherent the conftitution. In proportion as the government acquired authority at ea home, it became formidable to the neighbouring nations ; and the ambitious t of Edward fought, and foon found, an opportunity of exerting itfelf, The wife an Sos Robert Bruce, who had recovered by arms a in- ™ treaty rt peace with E David his fon, a2 minor, dee: foon after died, and ‘ under the guardianfhip of Ran dolf, earl of Murray, the companion of all his vict It had been ftipulated i this treaty, that both the Scot- tifh nobility, who, before the commencement of the wats, énjoyed Jands in England, ana the Englifh who inherited eftates in Scotland, ‘fhould be reftored to their refpective poffeffions *: But though this article had been executed pretty regularly on the part of Edward, Robert, who ob- ferved that the eftates, claimed by Englifhmen, were much more numerous and valuable than the other, either thought it dangerous to admit fo many fecret enemies into the kingdom, or found it difficult to wreft from his own followers the pofleffions beftowed on them as the ré- ward of their fatigues and dangers: And he had protracted the performance of his part of the ftipulaticn, The Eng- lith nobles, difappointed in their expectation, began to think of a remedy; and as their influence was great in the north, their enmity alone, even though unfupported by the king of England, became dangerous to the minof ptince, who fucceeded to the Scottifh throne. Epwarp Batrot, the fon of that John, who was crowned king of Scotland, had been detained fome time a prifoner in England after his father was releafed ; but having alfo ébtained his liberty, he went over to France; p Rymer, vol, iv. p. 334. and “ w w » ” 382 CHAP, xv. HI and refided in Normandy, on his patrimonial eftate { in t mene iss country, withou ug hts of re ing the claims 3332. > crown of Scotland. His preten- le, had been fo ftre snuoufly abjured sted by the lith, that he was ded as a private perfon; an ‘| he had been thrown into prifon on account of fome priy ate offence, of which he was accufed. Lord Beau: nont, a great Eng. lifh baron, who, in the right of his wife, claimed the earl. dom of Buchan in Scotland $, found him in this itu. tion ; and deeming him a proper inftrument for his purpofe, made fuch intereft with the king of France; who was not aware of the confequences, that he reco- vered him his liberty; and brought him over with him to Eclat: ‘THE injured nobles Tefled of fuch a head, began now to think of vindicating their rights by force of armss and they Sy as to Edward for his concurrence‘and 2 affiftanc But there were Ee eral reafons, which deterred 1 openly avowing g their enterprize. In his treaty with Scotland, he had entered into a bond of 20,000 pounds, payable to the pope, if within four years he violated the p peace; and as the term was not yet elapfed, he dreaded the exacting of that pe oat by the fovereign pontiff, who poflefled fo many means of forcing princes to make payment. He was alfo afi ee that violence and injuftice would aes sn be imputed to him, if he attacked with fuperior force a minor king, and a brother- in-law, whofe independant title had fo lately been ac- know! ge ] DY < ‘olemn treat ty. And as the regent of Scotland, on every demand which had been made of ref- titution to the Englifh barons, had alwa rys confefled the juttice of their claim, TEE toon atanleces a deca taad fwer, grounded cn plaufible pretences, Edward refed & | not Pop: WAAL D -- Ta 383 not to proceed to open violence, but to employ like arti- C HA Ps j A we ‘ S XV, fices againft him. He fecretly encouraged Baliol in his Cano enterprize; connived at his aflembling forces in the 733% Mere I gus, the lords Beaumont, Ferrars, Fitz-warin, Wake, Falbot, and Moubray. As thefe adventurers apprehended, that the frontiers would be ftrongly armed and guarded, they refolve: by fea; So and having embarkec eached in a c e = hh vad few days the coait of ScoTLAND. was at that time in a very different fitua- tion from that in which it had appeared under the victo- } . ] r ry rious Robert. Befides th lofs of that great mon whofe political fabric, and maintained an union among the un- long been ceclining died, and had been earl of Marre, a mar j “3 sa 84 S thea Cnn e 1. st . a litary {pirit of the ocots 10u 1 unbroken, without a proper u and di ind @ minor king deemed il! qualihed te nd an ynheritance, which as Se es ‘ 5s soe tees : it haa requirea ali the coniummmate valour and abilities of his father to were appr on the appearanc to the fhore, i Wey} LAH: yith Avg, ENGLAND: flattering himéelf that thé Be eae ae Smee ancient partizans of his fam I y would declare for him; h had been kindled between NGO Pe oe é | With a ftrong prejus dice againft a prince fupy onal by the Enelifh, he was tegarded as a Common enemiy 5 and the regent found no culty in aff mbling a great army to oppofe him. If vad no lefs than 40,000 men is pretended, under his banners; but the fame hurry andi impatience; that made him collect a force, which from its greatnels was fo difproportioned to the occafion, rendered all his motions unfkilful and imprudent. ‘The river Erhe ran between the two armies; and the Scots, confiding in that fecurity, as well as in their great fuperiority of numbers; kept no order in their encampment. Baliol paffed the river in the night-time; attacked the unguarded and un- Saphees Scots ; threw them into confufion; which was encreafed by the darknefs and py their very numbers to which they thiffed ; and he beat theni off the field with great flaughter'. But in the morning, when the Scots were at fome diftance, they were afhamed of having yielded the victory to fo weak a foes; and they hurried back to recover the Honour of the day. ‘Their eager pal- 1 fions urged them precipitately to battle; without regard lay between them and the to fome broken crounc d, which enemy, and w hick difordered and confounded their ranks. Baliol feized the favourabl e opportunity, advanced his troops upon them, prevented them aie rallying, and anew chaced them off the field with redoubled flaughter. ‘There fell above 12,000 Scots in this a&tion ; and among thefe the flower of their nobility ; the regent himfelf, the earl of Carric, a natural fon of their late the earls ef Athole and Monteith, lord Hay of Errol, conftabley and the lords Keith and Lind{ ey. The lofs of the Eng- * Knyghton, p, 2561. hfe 3 aati" SSE Se ee in thofe ages ": BAttoL foon after h fill was communication between P¢ armies were then obliced to dif ef pay and fubfiftence : y a handful of men: felf moft expofed to Baliol: That prince his competitor; was f ‘4 7 » oa ep) trothed wife, Jane, fifter his party fued to them; in order to affemble and nave his title rec¢ w = = near Annan by Sir A tains of that party ; he wz liol was flain; he himfelf 3 > Pp. 2861, m to maintain At lento *y retly jent a mei- his fuperiority, hon for his crown, and to. efpoufe the p r th confent ci be obtained, for diffcl i e, which was not yet con- ‘ bitious of recovering that im- port made ior luring his mino- t site id y accepted the i c i ¢ Baliol had rendered this }, ij ‘ ie it i> it : ; 4 : a he ] giving any opinion, i : > In ‘¢ the enterprize, : bai : e himfelf affembled a great army ! on th yt and, as foon ly fted Phe Englith } 1 r ’ army provifions, and retained in ft: r difcipline king, notwithftanding the valiant defence made by had in two months reduced t t 1 toextrem had ged them to capitulate: “They ens pm rines Pe : ! I they 17a e vat an Ved + r 1, >. 1 " > i y were not reitey W S OY thelr -~ Ihis intellige conveyed to the : Wh NT i ade Narth CO lilvade Lxorthume- foners.: Near thirty thoufand of the § action: While the lofs of Enelith a one k a ( e, and thirteen private {] i : oN f Vate i0ic - 44n inequz ‘ Nene were tat.) Liaw tho & A ; AFTER this fata ow. the Scottifth nohle ) I comn! he ¢ E of j to Compicte the c ucit of Rymer, vol, iy g66, 666 zZ Pp 27 yh) : 5,299, 2 Ps > 59 t we, ps TIS. -cottifh nobility ee complete the misfortunes of , Dunbar, Roxborough, he fouth-ealt counties of Scotland, ES \r evel nexved to the En I V annexed to the £ng- fo) £334 ‘e, was dreaded by the -d by England for the ieed confirmed all their pject of u niverfal hatred, be obliged to make, | hey confidered him, not as their sHince.-Die aeeucee they contidered him, not as thei prince, but as the dele- gate a ils onfederate of their determined enemy: And tt ens “ ; neither the manners of tne as nor the ftate of Edward intain a ftanding army in Enclith forces were no fooner withdrawn, Baliol, and returned to > Sir Andrew Mur y of this latter prince, nd. activity in many ana it employed 1 With Baliol ; and in a fhort Ed- and to e army taucht by experience, faftnefles : He deftroyed the Gatland ch into Scotland: 1 of thofe whom he called ALCS them ftill farther in their ob- onnri ied England and to Baliol ; and being ady to take advan- etreat of their enemy, Bie W. Aerie. Le Te 389 i) m the Eng-C HAP, XV. in Scotland aNd in the 1336 lith. Edward made with like fuccefs : Was encamped - kingdom, except the And though he ma tries, the nation ied bat cTed over the low coun- itfelf was farther than ever from being broken and fubdued. LBefides being fupported by their icult to tame, they were en- alamities, by daily promifes of relief from France; and as a war was now likely to break ngdom and Eneland, they had reafon out between that ki to expect from this incident a great diverfion: of that force, which had fo long opprefle 2d and overwhelmed them. We now come to a tranfaction, on which depended 1337 , King an d tai m to the hif-crowa of Pane ° the moft memorable events, not or tive reign, but of the whole Englif tory, during more than a century ; and it will*therefore be neceflary to give a particular account of the fprings and aus of it, Ir had long been a prevailing opinion, that the crown of ies ce aa never defcend to a female ;+and as nations, in accounting for principles, which they regarded as fun- damental and as peculiar to themfelves, are fond of grounding them rather on primary laws, than on blind cuftom, it had been ufual to derive this maxim from 4 claufe in the Salian Code, the law of an ancient tribe among the Franks; though that claufe, when ftriftly ex- amined, carries only the appearance of favouring this principle, and does not really, by the confeffion of the beft antiquaries, bear the fenfe commonly impofed upon it. nong the French ga > But though pofitive | law feems wanting for the exclufion of females, the practice had taken place; and the rule was eftablifhed beyond controverfy on fome ancient as well as fome modern precedents. During the Cc 3 firt 1 1 3 y j i ! Ret ue ia c o o ~ ; 7s > <— fon ee, eee ay = = = na; 3 ars s ™ 1?) =) o~ 6 f es 5 ae So § ‘ yo Er mR S56 es © 2 3) 4 eo oe mere on Cc 5 r out difpute o ic Ei2D- WARD Ht. regent, with a declared ri of fuccefii if f thould prove female. ip de Valeics coufin german to the ; t the fon of Charles de Valois, ip the | : queen,of France was dauchter: The gencyended; and Philip de Valois was unanimouily placed on the throne of Franc THE k g of England, sais that time a of fifteen years embraced a yn, that intitled, ini mother, to the fucceficn kingdom, and > claim of the nephew was prefer- able to that of the coufin serman. + There could not wel be imagined a nc er or worfe seopaaes The principle of excluding } opinion in France, and h the moft exprefs and ancient prece : n 1 SP | : oe A berately decided: A folémnly and: deli fill farther beyond contre to queftion its validits tenfions; fince the three -} lim? in the or- who were ftill alive, and oe ftood bei der of fucceffion. He was that, th ough her ae incapable of fucceeding, his mother, If rited through her, was liable might claim by the right of that this pretenfi on was more favoural of Navarre, defcended from the d: ‘tin, it was fo contr rary to the eftal fucceffion in every country of Europe >, was Nant to the practice both in. private and ances, that no body in France tl Claim: Philip’s title was univerfally b Froiffard, liv. 1. chap. 4. Opes | knowlec cnowledged «: And he never imagined, that he had envy competitor; m as the King of youthful and ambitious mind of Ed- ward had rafhly apse bee this notion, he did not think yer to infift on his pretenfions, which muft have im- mediately involved tA on very unequal terms, in a and implacable war with fo powerful a mo- PSs po Es rince of mature veare f crreat ey narcn. rhuip was a prince or mature years, of creat ex- I i J > S perience, and at that time of an eftablithed c rote dence and walnaur * Say ¢ fa firey for prudence and valour ; and by thefe circ eh well as oy the interna 1 raw youta, n m= t the government of the moft intractable and But there immedi- hich required, that Edward } 4 } ca an 11s ceentiends or for ever renounce and abjure them. He was fummoned todo ho- mage for Guienne; Philip was preparing to compel him ar . by force of arms: That country was in a yery bad ftate of defence : Pe ae forfeiture of fo rich an inheritance was, by the feudal law, the immediate ca of his refufi wae perform the duty of a vailal. 5 Pye | (eae one ns wena’ ~ tiene er t “award thererore thoucnt it prudent to fubmit to prefent ne : Did homage'to Phi- 4ip. sana as there Nad ariien tome controver{y concerning his fubmiffion, he afterwards fent over a fa Say eee 1 eA We cae ashnet all, ae ved roiMiat Geea, in which he acknowledsed that he owec wed by the whole French c . Qy de IV, Pe 477, Golo totem Ps Walfing, p. 130. Mus simu De AW ASR DE. 393 pation, that to infift on it was no better than pretending C H A P, to the violent conqueft of the kingdom ; and it is probable that he would never have farther thought of it, had it not been for fome incidents, which excited an animofity be- tween the two monarchs. Rosert of Artois was defcended from the blood royal of France, was a man of great. character and authority, had efpoufed Philip’s fifter, and by his birth, ta > credit was entitled to make the hicheft fioure, and fll the moft important offices, in the monarchy. This prince had loft the county of Artois, which he claimed as his birthright, by a fentence, commonly deemed iniquitous, of Philip the Fair; and he was feduced:to attempt reco- vering pofleffion by an action, fo unworthy of his rank and character as a forgery*. “The detection of this crime covered him with fhame and confufion : His brother-in- Jaw not only abandoned him, but profecuted him with 1 violence : Robert, incapable of bearing difg left the kingdom, and hid himfelf in the Low Countries: Being chaced from that retreat, by the authority of Philip, he came over to England; in {pi king” t menaces and remonftrances, he was favourably received by Edward ; and was foon admitted into the councils and fhared the confidence of that monarch. Abandoning himfelf to all the movements of rage and defpair, he en- on entertained by Ed- ward in favour of his title to the crown of France, and deavoured to revive the prepofte even flattered him, that it was not impofflible for a prince of his valour and abilities, to render his claim effectual. The king was the more difpofed to he: rken to fuggeftions of this nature, becaufe he had, in feveral particulars, found reafon to complain of Philip’s conduct with rega ard to Gui- enne, and becaufe that prince had both given protection © Froiflard, liv. 1. chap, 29, £ Rymer, vol, iv. p. 747> Froif- fard, liy; 1, chap. 27; to XV. ia 1337. ~ t' 3 onl Ss Ye = ro) eS oo 6 ~ 69 » Sf re 8) oot = SS oO D ° eae a P ~ og t& be Ge) ieee ES S = a | By wees” Co eo © ao, v sf ms A q os bie bend % _ Newt + aay gh sel S = : “ | Ned @ 2 6 ; YU ~ Erg hy oe De : Dp Em = t r 1 ‘ . ) woe a , = ) “ "i cB te na ra v ¢ bs . , Oo “4 ae - ¢ 5 ; 4 on i Bie seta oo f 3 b { ) 4 ) 3 % : ¢ “ ) 2 3 b pe 3 w | = 5 2 rae Q ; t be = o 4 3 =| S 3 ae : 3 Re bo ey Ae ae } 4 9 i 3 A F 3 J < 4 o Ha v ° Ope. ay es bt fan Soe ‘ ot 10 8 2} ; 4 J > C O - } nD aA fad oF ~ ad ty 4 2 aa : a £ , a oS 2 6S ax 6 8 4 ~ os Bad v he “ =< VU ~ 4 ure aa 4 rows * aS Ae rd BS : Los (or Sas re o>. ) Ce Ge |e reigns could fur pe ys the bordering countries and naught was want ter very formidable but Edward procured by means fomewhat extraordinary and unufual. As the Flemi: parts of Europe, tl the lower ranks of m of riches unkno that barbarou: pendance ; and b age, or rather of flavery, into which rc 1 had been Saati thrown by the feuda It was probably di and their nobility to of law and ciyil gover: other country : ir oppofition and refentment ag ty ranny : a A hey had rifen in stumults: Had infulted the nobles: Had chaced their earl into F And delivering themfelves over to the guidance of a feditious leader, had been guilty all that infolence and diforder, to tase, the thought- of and enraged populace are fo muc they are unfortunate enoug THEIR prefent | in Ghent, who governec setts with a more abfolute fway than had ever been aflumed y any of their lawful fove- reigns: He placed and ffplac beced the magiftrates at plea- = own matters * d’ Arteville,..a brewer fre: He was accompanied bya guard, who, on the leaft fignal from him, inftantly aflaffinated any man that hap- pened to fail under his difpleafure: All the cities of Flan+ ders were full of his fpies; and it was immediate death to i Froiffard, liv, 2, chaps 30,. Meyeruss give 7 <7 TT ‘WT 790 i rorRy Or f NGLAND CHAP. oive him the fm: Che few nobles, wha ry : XV. ie remained in the country, lived in continual terror from 4337 his violence: He feized the eftates of all thofe whom he mainder to which Europe : es during cratical ty- thom Edward himfelf for bringing over the Flemings to his and that prince, the moft haughty and moft courted any ally with fo much ty and fo many fubmiftions, as he employed towards ) oom D’Arteville, proud from the kine of England, and fenfible > S ee ae Oe 1 ais “ee this teditious and criminal trac P aes Nee } of theie advanc that the Flemings were naturally inclined to maintain connexions with the Er hh, who furnifhed dies the materials of their woollen manufaétures, the chief fource of their opulence, rea raced the interefts of Ed- ited him over into the Low Countries. hily emt on this great res ak parliament, afked their advice, and obtained their cor And the more to feces his hands, he them a grant of 20,000 facks of wool; which might amount to above a hundred thou- fand pounds: This commodity was a good inftrument ice of it with other neceflary to employ with the F his German fums by loans, by pawnin y the ci own jewels 5b y confi- cating or rather robbi at once all the Lente who now exercifed the iny idious trade, formerly monopolized by the Jews, of kk lending on intereft ™; and being attended 1 Cotton’s Abridg. b y Se ED. W.AsR? D2. TE 307 by a body of Englifh forces, and by feveral of his nobi- ¢ A P. lity, he failed over to Flanders. aos ed HE German princes, in order to juftify their unpro- = hoftilities againft France, had required the fanction of fome legal authority; and Edward, that he might give them fatisfaction on this head, “had applied to Lewis of Bavaria, then emperor, and had been crea ted by him vicar of the empire; an empty title, but which 1 feemed to give him a right of commanding the fervice of the princes.of Germany ®. The Flemings, who. were vaflals of France, pretending like feruples with regard to the invafion of their liege lord; Edward, by the advice of @’Arteville, affumed, in his commiffions, the title of king of France, and, in virtue of this right, challenged their afliftance for dethroning Philip de Valois, the ufurper of his kingdom’. ‘This ftep, which, he feared, would deftroy all future amity between the kingdoms, and beget endlefs and implacable jea antes in France, was not taken by him without much reluctance and hefitation : And not being in itfelf very ate ible, it has in the iflue been attended with many miferies to this period we may date the commencen animofity, which the Englith nation ies ever fince born ta Aes nt ane nn all fife sle an influence on all future the French, which has fo vifi tranfactions, and wh the fpring of many 4: them. In all the preceding and temporary ; and as they ee never faced attended wi any bloody or dang ous events the traces of them were eafily obliterated by the firft treaty of paci ification... “Lhe ue Englifh nobility and. gentry valued akioe on thtir ® Froiffard, liver. chap. 35. o Heming. p. 303. Walfiagham. Ps 143, ms 1 rrenesn 28 CHAP XV Bini ates 3336 pT pps eipierans 3 My yay HS eRe an GLAND, : > ‘ PaO rench nan extraction 2Eted to employ be tahon ae blic tranfactions, and even in familiar converfation : And both the Englith p being always full of nobles, who came vince or other ‘of France, the two peoplé were, during fome centuries, more intermingled toges : ; yer than } t nations, whom we meet with ; Ror : il preter of urd III. dif- ed all thefe connexic and left the feeds of creat 41] simon Fh, I uly among the Eng- ot at hi r nation, though Ind 1 € | to co 1 1 yaa * enon son r, ive ways retamnec ‘er tincture of 2 | pathy Oo their hatred retaliated on them to an equa! desree by the French. That country ies in tt been fucceflively en- o% nh hbours, the popular channels, and, moi they never rofe to a great i Prizir n g t the attack from the | nd fuc feemed fufficient to fec im acainft the dar ger ; the concurrence of all bility in his own pop and warlike king- dom, foreion alli both more cordial and eri lai fé which we rmed by his antagonift. The pope, who, at ‘this ived in Avignon, wa if on France, and b sing difeufted at the connex= ween Edward and of Bavaria, whom he had « zeal and fince- rity th he king of Na- varre luke of Britanny, the count of Bar were in ereits ; and on the fide of Germany, the king a] 15] of Torraine and Au« 0. dacly LC Platine, the ques or Lorraine and Au {tria, < ro 6G ftria, th es: themfelves weaker ; and ney, which began to te their motions and irrefolute in their meafures. of Brabant, the moft powerful among them, feemed Y them, sCOCMicc inclined to withdraw hi and the king was neceffitated : ape ges in trade, and to con ters new epurtice him to fulfil his epg78 in conferences and ne his armies into the field . and he in order to is allure his German to pretend that the firft attack fhould be mad sty But finding by a nearer infpection terprize, he conducted them towards France; and he there found, by a of the emp vanity of his expectations: The count of Namur, and even the count of Hainault, his brother-in-law, (for the old count was dead) refufed to againit their liege lord, and rétired their troops’?. f Edward’s pretentions ata n > count 5 encamped of Vironfoffe I with an army of : omen, compofe t entirely of approached him with an army of near foreigners : double the force, and it was the Englifh monarch was averfeto eng: Hone These Retna to 7 x he thoucn a fuperiority ss oe a thought . } 4 ry ace 9 + T, Chap. 39. s39cR De 305: a LAND: CHAP. eluded the attacks of his enemy, without runnisig ary KA unneceflary hazard. “The two armies faced each other ee 1339: were fent: And Ed- fures were the moft prudent, that could be embraced in m experience in what a enterprize he was engaged. His expences, ted near 300,000 pounds of > debt: ; heh ated all his revenue ; he had pawn- ed either to himfelf ttofr o ned thei by promifing on his word of honour to if he did not remit of too much. fpirit to be difcou- ties of an undertaking ; and he his honour by more fuccefsful Jf and more gallant enterprizes. For this purpofe, he had, } of the « 1, fent.orders to fummon a parli fon 1 left with the tit] lal nly in his fummon a new mpowered for that Wally 49 7s VY aluaNg. Pi 7456 for 2D W ACR DB Hit. for the time, nearly fimilar to that which th ’ : 7 conftantly CH A P, x XV, andy fell into about the b ginning of the laft century - 0 5 Ronidacconts aGes. baoateriiitislekeena nici imular coniequences egan VLDL to appear. fenfible of the frequent demands wl obliged to make on his people, shad been anxious to enfare to his friends a feat in the houfe of cor amons,; and at his inftigatian, the fheriffs and other placemem had made intereft to be elected into that aff the knights defired the kin 4 ao ee 7; an abufe-which : At by the tenor of his writ of fimmons, and which was accord} On the other hand, the knishts profeff > fr ditions to their intende t, and requi red a confider- rant, and required a coniidei able retrenchment of the royal prer with regard to purveyance, and the ley, ing of the an feudal aids for knighting the kine’s eldet fon, and marry= ing his eldeft daughter. The new parliament, called by the guardian, retained the fame free fpirit ; and though = they offered a large fupply of 30,000 facks of wool, no bufinefs was concluded; becaufe the conditions, which they aniiexed, appeared too high to be compenfated by a temporary conceffion. But when Edward himfelf came over to England, he f{ummoned another parliament, and he had the intereft to procure a fupply on more moderate terms. A confirmation of the two charters and of the privileges of boroughs, a pardon for old debts and trefpafles, and a remedy for fome abufes in the mon law, were the chief conditions infifted on; and tl king, in return for his conceffions on thefe heads, obtai ed from the barons and knights an unufual grant for two years of the ninth fheaf, lamb, and fleece on their eftates and from the burgefles, a ninth of t their true value. The whole parliament alfo granted a - aoa a ~ - j duty of forty fhillings on each fack of wool exported, ; - : hae on each three hundred wool=fells. and on each lat of leather for the fame term of years ; butd Vou, IL, Dd 402 C wW Ln XV. HISTORY OF ENGLAND. A P. bitrary fpirit of the crown, they exprefsly declared, that irr this grant was to continue no longer, and was not to be 3339« 1540. drawn into precedent.. Being {oon after fenfible, that this fupply, though confiderable and very unufual in that age, would come in flowly, and would not anfwer the king’s urgent neceflities, both from his paft debts, and his preparations for war; they agreed, that 20,000 facks of wool fhould immediately be granted him, and their value be deduéted from the ninths, which were afterwards to be levied. Bur there appeared, at this time, another jealoufy in the parliament, which was very reafonable, and was founded on a fentiment that ought to have engaged them rather to check than fupport the king in all thofe ambi- tious projects, fo little likely to prove fuccefsful, and fo dangerous to the nation, if they did. Edward, who, before the commencement of the former campaign, had, in feveral commiffions, aflumed the title of king of France, now more openly, in all public deéds, gave himfelf that appellation, and always quartered the arms of France with thofe of England in his feals and enfigns. The parliament thought proper to obviate the confequences of this meafure, and to declare, that they owed him no obe- dience as king of France, and that the two kingdoms nuft for ever remain diftinét and independant'. They undoubtedly forefaw, that France, if fubdued, would in the end prove the feat of government ; and they deemed this previous proteftation neceflary, in order to prevent their becoming a province to that monarchy. A frail fecurity, if the event had really taken place ! As Philip was apprized, from the preparations which were making both in England and the Low Countries, that he muft expect another invafion from Edward, he F t 34 Edward IZ, 2 fitted syiatg te EDWARD If, fitted out a great fleet of 400 veffe Is, manned with 40,000 men; and he ftationed them off Sluife, with a view of F] 2 W oft intercepting the king in his paflace. The Englfh navy was- much inferior in number, confifting only of 240 fhips; but whether it were by the fuperior abilities of Edward, or the gained the wind backs; and wit The battle was fierce and bloody : The Engl elifh archers, greater dexterity of his feamen, they of the enemy, and had the fun in their th thefe ee began the action. whole force and addrefs were now much celebratec d, galled the French on their approach: And when the {hips grappled together, and the conteft became more sey and furious, the example of the kin: a, and of fo many gal lant nobles, who accompanied him, animated to fisch a degree the feamen and foldiery, that they maintained every where a fuperiority over the enemy.- The French alfo had been guilty of fome imprudence in taking their Bein fo near the coaft of Flanders, and ctnfinn that place for the fcene of a@tion. The Flemings, deferying the battle, hurried out of their ports, and brought a re- inforcement to the Enelith ; which, coming unexpeétedly, had a greater effect than in proportion to its power and numbers. Two hundred and thirty French fhips were taken : Thirty thoufand Frenchmen were killed, with two of their admirals : The lofs of the Englifh was in- confiderabl le, compared to the greatnefs and importance of the victory ". None of Phili lip’s courtiers, it is faid, dared to inform him of the event ; till his fool or jefter gave him a hint, by which he difcovered the lofs that he had fuftained v. [HE luftre of this great fuccefs encreafed the k ing’s authority among his allies, who aflembléd their forces joined the Englith army. "Edward with expedition, and J " Froiffard, liv, §. chap, sr, Avefbury, p. 56, Hemiing. p. 322 © Walfing, Pp. 148, Dd2a marched SRE See i 43% HISTORY OF ENGLAND. . marched to the frontiers of France at the head of above a y00,000° men, confifting chiefly of foreigners, a more numerous atmy than, either before or fince, has ever been commanded by any king of England %, At the to the number of 50,000 men, fame time, the F marched out under the command of Robert of Artois, and laid fiege to St. Omer ; but this tumultuary army, compofed entirely of tradefmen, unexperienced in war, and notwithftand- was routed by a fally o of the garrifon, ing the abilities of their leader, was thrown into fuch a panic, that they were inftantly difperfed, and never more 3 ieee in the field. The enterprizes of Edward, thouch not attended with fo inglorious an iffue, proved cially vain and fruitlefs. The king of France had af- embled an army more numerous than the Englifh ; was accompanied by all the chief nobility of his kingdom 5 was attended by many Rare princes, and even by three monarchs, the kings of Boher mia, Scotland and | Nav arre?: Yet he ftill adhered to the prudent refolution of putting nothing to hazard, and hrowing ftrong garti- fons into all the frontier towns, he retired backwards, perfuaded, that the enemy, having wafted their force in fome tedious and unfuccefsful enterprize, would afford him an eafy victory. TourNAY was at that time one of the moft confider- able cities of bitar governmen above 60,000 inha- onate to the French Edy ward’ S de lefigns had sarned, that the Eneliff, ie SS Peo tens not been ftrictly kept, Flemifh allies, had intended to open the c is place: He took. care theref fon of £4,000 of France ; and s, joined to the men, comm Ee eRy seat Fad He reaionavyiy Se ee eS BEL = ing So ¢ st s Rymer, vol, v- p. 107, y Froiflard, liv. is chap. 574 inhabjtants, waned ange E Dew A R D~ FL inhabitants, would be able to defend the city . Accordingly, Edward, when the efforts of the enemy : he commenced the fiege about the end of July, found every where an obftinate refiftance: The valour of one fide was encountered with equal valour by the other - Every aflault was repulfed and proved unfuccefsful : And the king was at laft obliged to turn the fiege into a block- ade, in hopes, that the great numbers of the garrifon and citizens, which had enabled them to defend them- felyes apain{t his attacks, would but expofe them to be the more eafily reduced by famine 7. The count of Eu, the governor, as foon as he perceived that the En; had formed this plan of operations, endeavoured to fave his provifions, by expelling all the ufelefs mouths; and the duke of Brabanty who wifhed no fuccefs to Edward’s enterprizes, gave eyery one a free paflage through his quarters. AFTER the fiege had continued ten wee was reduced to diftrefs; and. Philip, recalling all ree J a Alley, ea } fcattered advanced towards the Eng clifh camp at the-head of a mighty army, with an intention of ftill avoiding any decifive action, but of feeking fome oppor- tunity for throwing relief into the place. Here E dward, irritated with the {mall progrefs he had hitherto made, and with the fent Philip a de fa ance by a hera greeable profpect that lay before him, Id; and challenged him e their claims for the crown of. France, either fingle combat, or by an action of a hundred againft a hundred, or by a ement. But Philip re- plied, that Edward having done homage to him for the utchy of Guienne, and having folemnly acknowledged him for his Said it by no means became him ‘to fend a defiance to his | confident, stort r all Edward’s Z Froifl 406 HISTORY OF ENGE ANG CHAP. his conjunction with the rebellious Flemings, he himfelf XV. Si id 4340. fhould a be able to chace him from the frontiers of France: That as the hoftilities from England had pre- vented him from executing his purpofed crufade againtt the infidels, he trufted in the affiftance of the Almighty, who would reward his pious intentions, and punifh the agerefior, whofe ill-grounded claims had rendered them ineffetual : That Edward propofed a duel on very une- qual terms, and offered to hazard only his own perfon, sean both the kingdom of France, and the perfon of the king: But that, if he would encreafe the ftake, and cland on the iffue of the duel, put alfo the kingdom of Eng he would, notwithftanding that the terms would fill be unequal, very willingly accept of the challenges. It was eafy to fee, that thefe mutual bravades were intend- ed only to dazzle the populace, and that the two kings were too wife to think of executing their pretended purpofe. Wuite the French and Englifh armies lay in this ituation, and a general action was every day expected, Jane, countefs dowager of Hainault, interpofed with her good offices, and endeavoured to conciliate peace be- tween the contending monarchs, and to prevent any far- ther effufion of blood. This or ieee was mother taalew to Edward, and fifter to Philip; and though fhe had taken the vows in a convent, and had renounced the world, fhe left her retreat on this occafion, and employed all her pious efforts to allay thofe animofities, which had taken place between perfons fo nearly related to her, and to each other. As Philip had no material claims on his antagonift, fhe found that he hearkened v willingly to the propofals; and even t “onendinieas of: his fruit rhty and ambitious Edward, s attempt, was not averfe to her . Walfing. necociation. sisting: Ey EDeWekaeR -D Ill, negociation. He was fenfible from experience, that he had engaged in an enterprize which far exceeded his force ; and that the power of England was never likely to pre- vail over that of a fuperior kingdom, firmly united under an able and prudent monarch. He difcovered, that all the allies, whom he could gain by negociation, were at bottom averfe to his enterprize; and though they might fecond it to a certain length, would immediately detach themfelves, and oppofe its final accomplifhment, if ever they could be brought to think, that there was ferioufly any danger of it. He even faw, that their chief purpofe was to obtain money from him ; and as his fupplies from England came in very flowly, and had much difappointed his expectations, he perceived their growing indifference in his caufe, and their defire of embracing all ‘plaufible terms of accommodation. Convinced at laft, that an un- dertaking muft be imprudent, which could only be fup- ported by means fo unequal to the end, he concluded a truce, which left both parties in poffeffion of their pre- fent acquifitions, and ftopped all farther hoftilities on the fide of the Low Countries, Guienne, and Scotland, till Midfummer next”, A negociation was foen after opened at Arras, under the mediation of the pope’s legates ; and the truce was attempted to be converted into a folid peace. Edward here required, that Philip fhould free Guienne from all claims of fuperiority, and entirely withdraw his protection from Scotland: But as he feemed not any wife entitled to make fuch high demands, either from his paft fuccefles, or future profpects, they were totally re- jected by Philip, who agreed only toa prolongation of the truce. THE king of France foon after detached the emperor Lewis from the alliance of England, and engaged him to revoke the title of imperial vicar, which he had conferred 6 Froiflard, liv, i, chap. 64. Avefbury, p. 65. Dd 4 en 407 CHAP. XV. Neca, ted 13400 3d Sept, 163 HI LAND cH A P. on Edward llies on the frontiers ese eds OF SE. aS dt | gradually with- #34 drew from ‘the And Edward himfelf, ha- t d ni LNG > creditors > was I ifual tax of an lamb, and fleece, d impofed by parliament, t he great want of * m : | ftill more, of credit in E nel and, had ren- dered remittances to f la ders extreme] nor could ted, that any exp colleGing ion, which was fo new in itfelf, and which yi a grad roduce, could poffibly be contrived ifters. And though the 1ent, fox fe ein refource, 2 at bore a:fure in foreign markets, and were the text to ready money; it was impoffible, but the getting p q ommodity, the gather- i it > kingdom, and the dif poling of it abr up more time than the u the k ould permit, and muft oc- 1 omplained of, during the eh nothing had hap- eafonably have fore- rritated with ‘the aiadonsdade iffue of h vexed and affronted rmined to throw , and fo mu ; that he wr that ne wa ee AS GetE himfelf, and he came in very land. He difcovered his peevith aét which he performed after his d unexpectedly, he found the Tower ntly ee ; and he immediately committed » the conftable and all others who had the charge ¢ eo ted them with unufual rigour*, Knyghton, p, 2580+ His His vengeance fell next on the officers of the revenue, the C fheriffs, the collectors of the taxes, the undertakers of all kinds ; and bef employments, he appointed commiffioners to enquire into turning all of them out of their their conduét; and thefe men, in order to gratify the © king’s humour, were fure not to find any perfon inno- cent, who came before them®. Sir John St. Paul, keeper of the privy feal, Sir John Stonore, chief juttice, Rides) Aubrey, mayor of London, were difplaced and — ed; as were alfo the bifhop of Chichefter, chancellor, and the bifhop of Lichfield, treafurer. Stratford, archbifhop of Canterbury, to whom the charge of new taxes had been chiefly entrufted, fell likewife under collecting the the king’s difpleafure; but being abfent at the time of Edward’s arrival, he efcaped feeling the immediate effects of it. THERE were ftrong reafons, which might difcourage the kings of England, in thofe ages, from beftowing the chief offices of the crown on prelates and other ecclefi- aftical perfons. Thefé men had fo entrenched themfelves in privileges and immunities, and an exemption from all fecular jurifc that no civil penalty could be genres on them for any malverfation in office; and as even treafon helt was declared to be no canonical offence, nor was aS to be a fufficient rea- fon for deprivation or other fpiritual cenfures, that order of men had enfured to themfelves an almoft total impunity, and were not bound by any political law or ftatute. But, on the other hand, there were many peculiar caufes which favoured their promotion. Befides that they poflefled al- of the age, and were beft qualified -elat s enjoyed equal dignity gave a aeiaht. by their per- motft all the learning for civil employments; the p with the greateft barons, anc fonal authority, to the powers entrufted with them; fingham, p, 150. While, Heming. 0,326, W 416 CH HIS TORY F ENGLAND, lile,. at the fame time, they did not endanger the crown ee wealth or influence in their families, and were reftrained, by the decency of their ch aracter, from that open rapine and violence, fo often praGtifed by the nobles. Thefe motives had induced Edward, as well as r of his Preis to entruft the chief departments of government in the hands of ecclefiaftics ; at the hazard > } bts , 1 A +} * 5s 4 of them difown his authority as foon as it was tu oainit them. That prelate, informed of Edward’s indignation againft him, felf for the 2 ne eee a TOMI Relea re Wea i HIS was tne Cae, witn ar chbithep Stratford. prepared him ftorm; and not content with ftanding upon the defentive, he refolved, by beginning the attack, to fhow the king, that he knew the privileges — his character, and had He lication againft all, courage to maintain them. who, on any pretext, exer iB ieee onthe perfon or goods of clergymen; who infringed hore eS fecured by the great charter, and by. ecclefiaftical ca- nons ; or who accufed a prelate of ete or any other crime, difpleafure*. Even Edward had reafon to think himfelf ftruck at by this fentence; both on account of the in order to bring him under the king’s imprifonment of the two bifhops and that of other clergymen concerned in levying the taxes, and on account of his feizing their lands and moyeables, that he might make them anfwer- able for any balance, which remained in their hands. The clergy, with the primate at their head, were now formed into a regular combination againft the king ; and many calumnies were pread againft him, in order to de- prive him of the confidence and affeGtions of his people It was pretended, that he meant to recal the general par- » and the remifflion which he had eranted of old debts, 1 aon ne f Heming, p,239, Ang. Sacra, vole is p, a3, 2%: Walangham, p. 153: and be cary a Pie Wo as DB Tif. AYE and to impofe new and arbitrary taxes without confent of © ee P, parliament. The archbifhop went fo far, in a letter to SS the king himfelf, as to tell him, that there were two 734% powers, by which the world was governed, the holy pon- tifical apoftolic dignity, and the royal fubordinate autho- rity: That of thefe two powers, the clerical was evidently I fis were to anfwer, at the tri- the fupreme ; fince the prie bunal of the divine judgment, for the conduct of kings themfelves : That the clerzy were the fpiritual fathers of and were intitled, by a.heavenly charter, to direct their wills and aétions, and to cenfure their trangreffions : And that prelates had heretofore ‘cited emperors before their tribunal, had fat in judgment on their life and behaviour, and had anathematized them for their obftinate offences ®. Thefe topics were not well calculated to appeafe Ed- ward's indignation ; and when he called a parliament, he fent not to the primate, as to the other peers, a fummons to attend it. Stratford was not difcouraged at this marx of negle&t or anger: He appeared before the gates, ar- tayed in his pontifical robes, holding the crofier in his hand, and aecompanied by a pompous train of priefts and prelates; and he required admittance as the firft and high- eft peer inthe realm. During two days, the king rejected his application : But either fenfible, that this affair might be attended with dangerous confequences, or that in his impatience he had groundlefsly: accufed the primate of malverfation in his office, which feems really to have been the cafe; he at laft permitted him to take his feat, and was reconciled to him », Epwarp now found himfelf in a bad fituation both with his own people and with foreign ftates ; and it re- quired all his genius and capacity to extricate himfelf & Anglia Sacra, vol. i, p> 275 h Anglia Sacra, vol, is p. 33> 391 4° 41. al from olied difficulties and embarraffinents. His bitant claims France and Scotland had ble ws h thefe two king- init oft a all his rhich he owed:a con : TPT (Pipe Ripon mprmete, lS hs Dene Me OE ae intereit: Ftis military operations had vanifhed into fmoke; victory, none of en with glory or renown, eithe the nation: The animofity between him and the clergy was open and declared: ‘The people were difcontented on account pe TaAnY, arbitrary meafures, in which he had bee 2 And what was more dangerous, the nobility, taking advantage of his prefent necefii 1g > were detert® mined to retrench his power, and by encroaching on the ancient prerogatives of the crown, to acquize to themfelves independance and authority, But the afpiring genius of Edward, which had fo far tranfported him beyond the bounds of difcretion, proved at laft fuffcient to re-inflate him in his former authority, and finally to render his that is to be met with i In E ng iphant t he was obliged, vith i to yield to the current, which bore 9 Ee | fo ftroncly h was likely to produce confiderable innovations in the government. » that, whereas the great charter had, to oft as and flander of the king and damage of his people, been violated in many points, particula ely by the imprifenment of free men and the feizure of their goods, without fuit, indi&tment, or trial, it was necef- fary to confirm it anew, and to oblige all the chief. offi- cers of the law, together with the Geared and chamber- lain of the houfhold , the keeper of the privy-feal, the controller and treafurer of the wardrobe, and thofe who 6 were ECD WAS D. AE c were entrufted with the education of the young prince,® HAP. alfo re- to fwear to the regular obfervance of it. They marked, that the peers of the realm had fort arrefted and imprifoned, and difpoflefled of their tempo- ralities and lands, and even fome of them put to death, sees judgment or trial; and they therefore enacted hat fuch violences fhould henceforth ceafe, and no peer ss punifhed but by the award of his peers im parliament. They required, that, w henever any of the great offices above mentioned became vacant, the king fhould fill it by the advice of his council, -and the confent of fuch ba- rons as fhould at that time be found to refide in the neighbourhood. of the court. And they enacted, that, on the third day of every feffion, the king fhould refume into his own hands all thefe offices, except thofe of juf- tices of the two benches and the.barons of exchequer ; that the minifters fhould for the time be reduced to pri- vate perfons; that they fhould in that condition anfwer before parliament to any accufation brought againft them 5 and that, if they were found any wife guilty, they fhould finally be difpoffeffed of their offices, and more able perfons be fubftituted in their place i. By thefe laft regulations, the barons approached as near as they durft to thofe re- ftriGtions, which had formerly been impofed on Henry Ill. and Edward II. and which, from the dangerous. confe- quences attending them, had become fo gener: lly odious, that they did not expect to have either the concurrence of the people in demanding them, or the aflent of the pre- fent king in granting them. In return for thefe important conceflions, the parlia- ment offered the king a grant of 20,000 facks Of wool ; and his wants were fo urgent, from the clamours of his creditors, and the demands of his foreign allies, that he 5 bdw, Hl, was eee Maik Sa HISTORY OF ENGLAND. AT4 C H A P. was obliged to accept of the fupply on thefe hard condi- XV. ; Sie ie ae : } . w.—» tions. He ratified this ftatute in full parliament; but he 4341. fecretly entered a proteft of fuch a nature as was fufficient, one fhould imagine, to deftroy for the future all truft and confidence with his people: He declared, that, as foon as his convenience permitted, he would, from his own au- thority, revoke what had been extorted from him *, Ac- >] cordingly, he was no fooner pofleiled of the parliamen- tary fupply, than he iffued an edié, which contaihs many extraordinary pofitions and pretenfions. He firft afferts, that that ftatute had been enacted contrary to law; as if a free legiflative body could ever do any thing ille- gal. He next affirms, that, as it was hurtful to the pre- rogatives of the crown which he had fworn to defend, he had only diflembled, when he feemed to ratify it, but that he had never in his own breaft given his aflent to it. He “does not pretend, that either he or the parliament lay un- der force ; but only that fome inconvenience would ‘have enfued, had he not feemingly affixed his fanction to that pretended ftatute. He therefore, with the advice of his council and of fome earls and barons, abrogatés and an- nuls it; and though he. prof himfelf willing and determined to obferve’ fuch articles of it as were formerly aw, he declares it to have thenceforth no force or au- thority '.. The parliaments, who were afterwards affem- bled, took no notice of this arbitrary exertion of royal power, which, by a parity of reafon, left all their laws at the mercy of the king ; and during the courfe of two years, Edward had fo far re-eftablifhed his influence, and freed himfelf from his prefent neceffities, that he then obtained from his parliament a legal repeal of the ob- k Statutes at large, 15 Edw. III. That this proteft of the king’s was /e- cret appears evidently, fince otherwife it would have been ridiculous in the parliament to have accepted of his aflent: Befides the king owns that he dif> fembled, which would not have been the cafe, had his proteft been publics * Statutes at large, 15 Edw, Til, jioxious ty AOR CD. Hi noxious flatute™. This tranfaction certainly contains remarkable circumftances, which difcover the manners and fentiments of the age, and may prove what inaccu- rate work might be expected from fuch rude hands, when employed in legiflation, and in rearing the delicate fabric of laws and a conftitution. But though Edward had happily recovered his autho- rity at home, which had been impaired by the events of f the French war, he had undergone fo many mortifica- tions from that attempt, and faw fo little profpec of fuc- cefs, that he would probably have dropped his claim, had not a revolution in Britanny opened to him more promif- ing views, and given his enterprizing genius a full oppor- tunity of difplaying itfelf. JounIIlI. duke of Britanny, had, fome years before his death, found himfelf declining through age and infirmi- ties ; and having no iflue, he was folicitous to prevent thofe diforders, to which, on the event of his deceafe, a difputed fucceffion might expofe his fubjects. His younger brother, the count of Penthievre, had left only one daughter, whom the duke deemed his heir; and as his family had inherited the dutchy by a female fucceffion, he thought her title preferable to that of the count of Mountfort, who, being his brother by a fecond marriage, was the male heir of that principality". He accordingly propofed to beftow his niece in marriage on fome perfon, who might be able to defend her rights; and he caft his eye on Charles of Blois, nephew of the king of France, by his mother, Margaret of Valois, fifter to that monarch. But as he both loved his fubjeéts and was beloved by them, he determined not to take this important ftep without their approbation; and having aflembled the ftates of Britanny, he reprefented to them the advantages ™ Cotton’: Abridgm. p. 38, 39 2 Froifard, liv. 1, chap, 64» of Affairs of Britannys b erase 416 HISTORY OF ENGLAND. CH A P. of that alliance, and the profpe&t; which it pave, of an et 2 entire fettlement of the fucceffion. ‘The Bretons will- 334t ingly concurred in his choice: The marriage was con- cluded; All his vafials, and among the reft, the count of Mountfort, fwore feal to Charles and to his fpoufe as to their future fovereigns : And every danger of civil com- motions feemed to be obviated, as far as human prudence could provide a remedy ee them. Bur on the death of this good prince; the ambition of the count of Mountfort broke through all thefe regula- tions, and kindled a war, not only dangerous to Britanny, but to a great part of Europe. While Charles of Blois was folicitifig at the court of France the inveftiture of the dutchy, Mountfort was active in acquiring immediate pofleflion of it; and by force or intrigue he made him« felf mafter of Rennes, Nantz, Breft,.Hennebonne, and all the moft important fortrefles, and engaged witha con+ fiderable barons to. acknowledge his authority °, Sen« fible that he could expe&t no favour from Philip, he made a voyage to England, on pre of foliciting his claim to the earldom of Richmond, which had devolved to him by his brother’s death; and there offering to do homage to Edward, as king of France, for the doses of Britans ny, he propofed a ftrict alliance for the fupport of each other’s pretenfions. Edward faw immediately the advan- tages attending this treaty : Mountfort, an active and va- liant prince, clofely united to him by intereft, opened at once an entrance into the hi t of France, and afforded him much more flattering views, than his allies on thé fide of Germany and the Low Countries, who had no fincere attachment to his caufe y and whofe progrefs was alfo obftructed by. thofe numerous ?5 had been raifed on that fro: ® Froiffard,. liy. x. chap. 6s, 66, 67, 68 3 =] c - zealous ED: WoAGR D II, 417 The ambitious © H_A P. ipirit of Edward was little difpofed to fit down under Wd thofe repulfes which he had received; and which, he 1341 thought, had fo much impaired his reputation : And it the warwith zealous in inforcing thefe confiderations : required a very fhort hegociation to conclude 2 treaty of Frances alliance between two men ; who, though their pleas with regard to the preference of male or fernale fucceflion were directly oppofite, were intimately connected by their im- mediate iriterefts P. As this treaty was ftill a fecret, Mountfort, on his return, ventuted to appear at Paris; in order to defend his caufe before the court of peers; but obferving Philip and his judges to be prepoflefled againft his title, and dreading their intentions of arrefting him, till he fhould re- ftore what he had feized by violence, he fuddenly made hi efcape ; and war immediately broke out between him and Charles of Blois 3: Philip fent his eldeft fon; the duke of Normandy, with a powerful army, to the affiftance of the latter ; and Mountfort; unable to keep the field againft his rival, remained in the city of Nantz, whete he waé befieged: The city was taken by the treachery of the inhabitants; Mountfort fell into the hands of his ene- mies ; was conducted as a prifoner to Paris ; and was fhut up in the tower of the Louvre *: THIS event feemed to put an end to the pretenfions of the count of Mountfort ; but his affairs were immediately Fetrieved by an unexpected incident, which infpired new life and vigour into his party. Jane of Flanders, coun- tefs of Mountfort, the moft extraordinary wornan of that ape, was rouzed, by the captivity of her hufbahd, from thofe domeiti¢ cares, to which fhe had hitherto limited P Froiffard, liv. 1, chap, 69, @ Ibid, chap, 70, 7%, * Ibid, chap, 73, Vor, II, ie} 9 118 History OF ENG LAND: CHA P. her cenius; and fhe courageoufly undertook to fupport ae : 3 g J %Y: the falling Comyreng (EHE Tah Ing #342. ceive the fatal intelliger ; of her family. No fooner did fhe re- than fhe nbled the inha- Pare ry bitants of Kk: re fhe then refided ; and carrying r arms, deplored to them the calamity J i recommended to their care the the fole male remaining of their an- governed them with fuch indul- and to‘whom they had ever profeffed chment. She declared herfelf will- if hazards with them in fo juft a caufe; dif- ces which ftill remained in the alliance ‘nola 1 entreated them to make one effort againtt 3 : ~ ret - SS _ WI Le eee ——s an ufurper, pate being impofed on them by the arms of France, mould it of the ancient Yberties of Britanny. ‘Phe audience, eturn make a facrifice to his protector moved by the affeGting appearance, and infpirited by the of the princefs, vo ywed to live and die with noble condu i st 1 i H | h f “1 } her in defending the rights of her family = oie et eee All the other fortrefles of Britanny em braced the fame refolution: The counte {s went from plac e to place, encouraging the gar rifons, providing them with every thi ies a neceflary for fub- fiftance, and concerting the proper pl - defence; and after fhe had put the whole province in a good 1 pofture, fhe fhut herfelf up in Hennebonne, where fhe w raited with impatience the ar rive ‘of thofe fuccours, which Ed- sr, Mean while, fhe fent over her fs fon to England, that the might both put him in a - of fafety, and eng the ne more ftronely, by fuch a pledge, to embrace with zeal the interetts of ue family. himfelf mafter s to his feeegon’ in eee now eat army; proceeded, fat down before the place, with a g fark compt ofed ED oW 24° R--D > aay 419 compofed of French, Spaniards, Genoefe, and fome Bre C tons ; and he conducted the attack with indefatigable in- Wy duftry*. The defence was no lefs vigorous: The be- 1342 fiegers were repulfed in every affault: Frequent ‘fallie: were made with fuccefs by the garrifon: And the coun tefs herfelf being the moft forward in all military opera- tions, every one was afhamed not to exert himfelf to the utmoft in this defperate fituation, One day fhe perceived, that the befiegers, entirely occupied in an attack, had ne- glected a diftant quarter of their camp; and fhe imme- diately {allied forth at the head of a body of 200 cavalry, threw them into confufion, did great execution upon them, and fet fire to their tents, baggage, and maga zines: But eae fhe was preparing to return, fhe found that fhe was intercepted; and that a confiderable body of the enemy had thrown themfelves between her and the gates: She inftantly took her refolution; fhe ordered her men to difband, and to make the beft of their way by flight to Breft, She met them at the appointed place of rendezvous, collected another body of 500 horfe, returned to Hennebonne, broke unexpectedly through the enemy’s camp, and was received with fhouts and acclamations by the garrifon, who, encouraged by this reinforcement, and by fo rare an example of finale valour; determined to de- fend themfelves to the laft extremity. ‘THE reiterated attacks, however, of the befiegers had at length, made feveral breaches in the walls; and it was apprehended, that a general affault, which was every hour expected, would overpower the garrifon, iniih their numbers, and extremely weakened with w and fatigue. It became neceflary to treat of a capitula tion ; andthe bifhop of Leon was already engaged, that purpofe, in a conference with Charles of . Blois ; when the countefs, who had mounted to a high tower, 8 i # Froiffard, liv. i. chap. 84, d,li Ene. and 19 420 Cc vv AV. HA P. and was looking towards t SPR y= EF NGLAND. aw peed ie fea with creat impatience, ,defcried fome fails at a diftance. She immediately ex- er claimed: Behold the fuccours! the Englifh fuccours! No capitulation *. This fleet had on board a body of heavy- armed cavalry, and fix thouf fand archers, whom Edward had prepared for the relief of Hennebonne, but who had been long detained by contrary winds. They entered the harbour under the command of Sir Walter Manny, one of the braveft captains of England ; and having infpired frefh courage into the garr ifon, immediately fallied forth, beat the befiegers from all their po fts, and obliged them to decamp. ur notwithftanding this fuccefs, the countefs of Mountfort found that: her party, overpowered by num- bers, were declining in every quarter ; and fhe went over to folicit more effectual fuccours from the king of Eng~ land. Edward granted her a confiderable reinforcement under ert of Artois; who embarked on board a fleet of forty-five fhips, and failed to Britanny. He was met in his paflage by the enemy; an aétion enfued, where the countefs behaved with her wonted valour, and charged the enemy {word in hand; but the hoftile fleets, after a fharp action, were feparated by a ftorm, and the Englifh arrived fafely in Britanny. The firft exploit of Robert was the taking of Vannes, which he maftered by con- dué and addrefs ": But he furvived a very little time this profperity. The Breton noblemen of the party of Charles afflembled fecretly in arms attacked Vannes of a fudden, and carried the place; chiefly by reafon of a wound re- ceived by Robert, of which he foon after died at fea on land *. his return to Eng AFTER the death of this unfortunate prince, the chief author of all the calamities, with which his country Was ard, liv. i, chaps $i u Ibid, chap. 93. Ibi id, chap. 946 over~ z gta een a D> WAR D-..1T overwhelmed for abc perfon the defence of the countefs of Mountfort ; and as the laft truce with France was now XPir which the Englifh and French had hitherto carried on as allies to the competitors for Britan ny, was thenceforth : ae, ae conduc in the name and under the ftandard of the two 1 } monarchs. The king landed at Morbian near Vannes, with an army of aracne men; and being 'mafter of the field, he endeavoured to giv a luftre to his arms, by commencing at once three important fieges,. that of rT > 7 Dp | Vannes, of Rennes, and of Nantz. But by undertaking too much, he failed of fuccefs in all his enterprizes, Even the fiege of Vannes, which Edward in perfon conducted with vigour, advanced but flowly *; and the French had all the leifure requifite for maki ng preparations againft him. ‘The duke of Normandy, eldeft fon of Philip, ap- peared in Britanny at the head of an army of 30,000 in- a nd 4. cavalry ; and Edward was now obligec fantry and 4000 cavalry ; Edward bliged to draw together all his forces, and to entrench himfelf ftrongly before Vannes, where the duke of Normandy foon aftey arrived, and in a manner invefted the befiegers. The garrifon and the French camp were plentifully fup- plied with provifions ; while the Englifh, who durft not make any attempt upon the place in the prefence of a fu- perior army, drew all their fubfiftance from England, ex- pofed to the hazards ot the fea, and fometimes to thofe which arofe from the fleet of the enemy. In this danger- ous fituation, rine ‘willingly hearkened to the media- tion of the pope’s legates, the cardinals of Paleftrine and Frefcati, who endeavoured to negociate, if not a peace, at leaft a truce between the two kingdoms. A treaty was concluded for a ceffation of arms during three years ¥; and Edward had the ability, notwithftanding his prefent dangerous fituation, to procure to himfelf very equal and x Froiffard, liv, 1, chap. 95. ¥ Ibid, chapeggs Avebury, p. 10%. Ee 3 honourable 42% a century, Edward undertook inC HA P. XV. CHAP. honourable terms. It was agreed, ees fequett ered, durin ofed of e towar ds r of the court device from the cl . ] r or Naving under taken a frul s enterprize. It all prifoners fhould be releafed, fhould remain in the hands of +} Pap ees Hr 1 oa the p poffefiors, and that the allies on both fides fhould be comprehended in the truce ”, Edward, foon uding this treaty, embarked with his army for d for a long time, was of h monarch endeavoured to blame of its infraction. Of two countries differ in their however, as Edward, in con- riew —— to extricate fituation, into which he had fallen, r earelefs in absievilig it. In all on this fubject, he com- infliGted on Oliver de ~ nA Cliffon, John de Montauban, and other Breton noble- partizans of the family of juently under the protection of But it appears, that, at the conclufion of thofe noble nly; by their ena? tions and a a the caufe of Charle entered into any fecret ‘corre- ts with Edward, they were trai- tors to their party, and were juftly punifhable by Philip and Charles, for their breach of faith; nor had Edward a Rymer, vol. ve ps 4549. 454. 45% 466, b Frojffard, liv, x, chap. 96. p- 1CQ- any Be Du Wis Ag R..D~. Ts 423 aay eround of complaint againft France for fuch feveri- © H AP: o oS ry a Ve ties. But when he laid thefe pretended injuries before. the parliament, whom he affected to confult on all occa- 1344: fions, that aflembly entered into the quarrel, advifed the king not to be amufed by a fraudulent truce, and granted him fupplies for the renewal of the war: The counties were charged with a fifteenth for two years, and the bo- roughs with a tenth. “The clergy confented to give a tenth for three years. THEsE fupplies enabled the king to complete his mili- tary preparations ; and he fent his coufin, Henry earl of Derby, fon of the earl of Lancafter, into Guienne, for the defence of that province*, This prince, the eek. accomplifhed in the Englifh court, poffefled to a high de- gree the virtues of juftice and humanity, as well as thofe of valour and conduct“, and not content with protecting and cherifhing the province committed to his care, he a 0 made a fuccefsful invafion on the enemy. He attacked the count of Lifle, the French general, at Bergerac, beat him from his Sis eiindeh ts; and took the place. He reduced a ‘great part of Perigord, and continually ad- vanced in his cofquefts, till the count of Lifle, having collected an army of ten or twelve thoufa and» men, fat down before Auberoche, in hopes of recovering that 1345. place, which had fallen into the hands of the } englifh. The earl of Derby came upon him by furprize with only a thoufand cavalry, threw the French into diforder, pufh- ed his advantages, and obtained a complete victory. Lifle himfelf, with many confiderable nobles, was taken pri- ¢ Froiffard, liv. x. chap. 103+ Averfbury, p. 121. 4 It is reported of a — that, having once, before the attack of a town, promifed the foldiers the plunder, one private man happened to fall upon a great chef fall of of money, which he immediately brought to the earl, as thinking it too great for himfelf to keep poffeffion of it. But Derby told him, that his promife did not depend on the greatnefs or fmalinefs of the funi ; and ordered him to keep it all for his own ufe, Ee 4 foner. bea satan 424, HISTORY OF ENGLAND. C HAP. fonei fuccefs, Derby made XV. He : , -rapic » French provinces. He "3345. — took eour, Monpefat vi ferancke Miremont, and 5 Bus t 3 3 Tonnins, with the fortrefs of Damaffen. Aiguillon, a fortrefs deemed impregnable, fell into his hands from the cowardice of the governor. Angouleme was furrendered uuiC 2 S after a fhort fieg The only place, where he met with confiderable velitience: was Reole, which, however, was at laft reduced after a fiege of above nine weeks’. He made an attempt on Blaye, but thought it more prudent to raife the fiege, than wafte his time before a place of fmall importance # v3.46. Tue reafon, why Derby was permitted to make, with- ition, { fuch progrefs on the fide of Guienne, was the difficulties under which the French finances then la- boured, and which had obliged Philip to-lay on new im- potitions, particularly the duty on falt, to the great dif- content, and almoft mutiny of his fubjects. But after the court of France was fupplied with money, great pre- parations were made; and the duke of Normandy, at- tended by the duke of Burgundy, and other great nobility, led towards Guienne a powerful army, which the Englifh could not think of refifting in the open field. The earl of Derby flood on the defenfive, and allowed the French to Cc: 2try’on at leifure the fiege of Angouleme, which was their firft enterprize. John lord Norwich, the governor, after a brave ghd vigorous defence, found himfelf If reduced uch extremities, as obliged him to employ a ftratagem, in side to fave his garrifon, and to prevent his being re- duced to furrender at difcretion, He appeared on the walls, and defired a parley with the duke of Normandy. ‘The prince there told Norwich, that he fuppofed he in- oiffard, liv. 2. chap, 104, f Jbid, chap. 110+ e Fr Ibid, chap, 112. tended EDWARD Tt. dos tended to capitulate. ¢ Not at all,” replied the gover-C HA P. anes etd te SORTER? | me ° Sa Pi XV. nor : But as to-morrow is the feaft of the Virgin, tows wy *¢ whom, I know, that you, Sir, as well as myfelf, 1346, «< bear a great devotion, I defire a ceflation of arms for *¢ thatday.” The propofal was agreed to ; and Norwich, having ordered his forces to prepare all their baggage : elo met et J marched out next day, and advanced towards the French camp. ‘The befiegers, imagining they were to be attack- ed, ran to their arms; but Norwich fent a meflenger to the duke, reminding him of his engagement. The duke, who piqued himfelf on faithfully obferving his word, ex- claimed, I fee the governor bas outwitied me: But let us be content with gaining the place: And the Englifh were al- lowed to pafs. through the camp unmolefted 5. ° After fome other fuccefles, the duke of Normandy laid fiege to Aiguillon ; and as the natural ftrength of the fortrefs, to- gether with a brave garrifon uncer the command of the earl of Pembroke, and Sir Walter Manny, rendered it impoffible to take the place by aflault, he propofed, after making feveral fruitlefs attacks ?, to reduce it by famine : But before he could finifh this enterprize, he was called to another quarter of the kingdom, by one of the greateft difafters, that ever befel the French monarchy *. Epwarp, informed by the earl of Derby of the grea danger to which Guiennie was expofed, had prepared ’a force with which he intended in perfon to bring it relief. He embarked at Southampton on board a fleet of near a thoufand fail of all dimenfions ; and carried with him, befides all the chief nobility of England, his eldeft fon the prince of Wales, now fifteen years of age. The winds proved long contrary!; and the king, in defpair of arriving in time at Guienne, was at laft purfuaded by Geoffry d’Harcourt, to change the deftination of his en- h Froiffard, liv. x. chap, 120 i Ibid. chap, 12.1. k Ibid, chap. 134+ } Avefbury, prt23, Z terprize. ie re re ee 420 CHAP, z2th July. Invafion of France, HIS TORY: Oz EN Gi AD: 2 =” Ee terprize. i his noedlieman onfid fi of } } +i eaneralix: efleemed fF r his aed pee = i eee” boa and was generally eiteemed ior his perfonal merit and his valour; but bei 2 esene FL ro Ge PRS is PENS VOI RR AE TRE ue) ey had fled over to England; had. recommended himéelf ¢ } men; and na Edward, who was an excellent jud fucceeded to Re in the invidious and lifting t the king In every ente exCcitit S his native country. He - infifted, that an expe- I dition to’ Normandy promifed, in the prefent circum- ftances, more favourable fuccefs, than one to Guienne Se hat Edward would find the northern provinces almoft deftitute of military faikes which had been drawn to the fouth ; that they were full of flourifhine cities, whofe 5] J > plunder would enrich the Englifh ; that their cultivated elds, as yet unfpoiled by war, would fupply them with plenty of provifions ; and that the neighbourhood of the capital rendered every event of importance in thofe quar- ters™. Thefe reafons, which had not before been duly weighed by Edward, jes to.make more impreflion after the difappointments which he kad met with in his voyage to Guienne: He ord =e his fleet to fail to Normandy, at la Hogue. and fafely difembar a his arm} Tus army, which, during the courfe of the enfuing campaign, was crowned with the moft {plendid fucrais: confifted of four thoufand men at arms, ten thoufand ar- chers, ten thoufand Welfh infantry, and fix thoufand Irifh. ~The Welfh and the Irifh were light, diforderly troops, fitter for doing execution in a purfuit, or fcouring the country, than for any fable action. The bow was always, efteemed a frivolous weapon, where true military difcipline was known, and regular bodies of well-armed foot maintained. ‘The only folid.force in this army were the men at arms; and even thefe, being cavalry, were, m Froiflard, liy. 1, chap. tat, 2 on €D WARD OL AD on that account, nuch inferior, in the fhock of battle,© H A P. to good infantry : And as the whole were new levied Apes trocps, we are Jed to entertain a very mean idea of the 134% military force of thofe ages, which, -being ignorant in every other art, had not properly cultivated the art of wat itfelf, the fole object of general attention. Tue king created the sarl of ‘Arundel conftable of his army, and the earls of Warwic and Harcourt, mare He beftowed the honour of knighthood on the prince of Wales and feveral of the young nobility, immediately upon his lending. After deftroying all the fhips in la Hogue, Barficur, ane Cherbourg, he fpread his army over the whole country, and gave them an ‘unbounded licence of burning, fpoiling, and plundering every place, of which they became matters. The loofe difcipline then practifed, could not be much hurt by thefe difor- derly practices; and Edward ‘took care to prevent any furprize, by giving orders to his troops, however they might difperfe themfelves in the day-time, always to quarter themfelves a night near the main body. In this manner, Montebourg, Carentan, St. Lo, Valognes, and other places in the Cotentin, were pillaged without refift- ance; and an univerfal confternation was fpread over the whole province *. Tue intelligence of this unexpected invafion foon reached Paris; and threw Philip into great perplexity. He iffued orders, however, for levying forces in all quar- ters, and difpatched the count of Eu, conftable of France, and the count of Tancarville, with a body of troops, to the defence of Caén, a populous and commercial but open city, whch Jay in the neighbourhood of the Englifh army. The temptation 6f fo rich a prize foon allur- ed Edward to approach it; and the inhabitants, encou- yaged by their numbers, and by the reinforcements which 2 Fsoiffard, liv, 2» chap. 122¢ they ~@ 426 HISTORY OF ENGLAND. cH A P. they dai ly received from the country,. ventured to meet yur 7 > x edit him in the field. But th 3348. ir courage failed them on the firft fhock: They fled with precipitation: The counts of J i i Eu and Tancarville were taken prifoners: The vidtors ifhed, and a furious maflacre commenced, without diftinction of age, fex, or entered the city along with the vanc condition. The citizens, in defpair, barricadoed. their houfes, and aflaulted the Englith with ftones, bricks, and iG every mifiile weapon: The Enclifh made way by fire to the deftruction of the citizens: Till Edward, anxious to fave both his fpoil and his foldiers, rea the maflacre ; g obliged the inhabitants to lay down their arms, ion gave his trocps licence to begin a more regular and lefs hazardous plunder of the city.. The pillage continued for three aie ; The king referved for his own fhare the jewels, plate, filks, fine cloth, and fine linen; and he beftowed all the remainder of the fpoil on his army. The whole was embarked on board the fhips, and fent over to England ; together with three hundred of the richeft citi- zens of Caén, whofe ranfom was an additional profit, which he expected afterwards to levy °. This difmal {cene pafled in the prefence of two cardina legates, wha had come: to negociate a peace bet veen the kingdoms, THE king moved next to Roiien in hopes of treating that city in the fame manner ; but found, that the bride the Seine was already broken down, and that the king of France himfelf was arrived there with his army. He marched along the banks of that river towards Paris, deftroying the whole country, and every town and village, which he met with on his road P. Some of his ]i ght troops carried their rav ages even to the gates of Paris ; and the royal palace of St. Germans, topether with Nanterre, Ruelle, and other villages, was reduced to afhes within fight of that capital. The Englith propofed to pafs the river at Poifly, but found the French army encamped on ® Froiffard, liv. x, chap. 124. P Ibid, chap, 125, F og the ED W AR the oppofite banks, and the > at that place, as well CE as all others over the Seine, broken down by orders from Philip. Edward now faw, that the French intended:to 1346. enclofe him in their country, in hopes of attacking him with advantage on all fides: But he faved himfelf by a ftratagem from this perilous fituation. He gave his army orders to diflodge, and to advance farther up the Seine ; but immediately returning by the fame road, arrived at Poifly, which the enemy had already quitted, in order.te attend his motions.. He repaired the bridge with incre- dible celerity, paffed over his army, and having thus difengaged himfelf from the enemy, advanced by quick marches towards Flanders. His vanguard, commanded by Harcourt, met with the townfmen of Amiens, who were haftening to reinforce their king, and defeated them with great flaughter1: He pafled by Beauvais, and burn- ed the fuburbs of that city: But as he approached the All the bridges on that river were either b or ftrongly guarded : An army, under the command of Godemar de Faye, was ftationed on the oppofite banks : Philip was advancing on him from the other quarter, with an army of a hundred thoufand men: And he was thus expofed to the danger of being enclofed, and of ftarving in an enemy’s country. In this extremity, he publifhed a reward to any one, that fhould bring him intelligence of a paflage over the Somme. A peafant, called Gobin Agace, whofe name has been preferved by the fhare which he had in thefe important tranfactions, was tempted on this ogcafion to betray the interefts of his country ; and he informed Edward of a ford below Abbe- ville, which had a found bottom, and might be paffed with- meh out difficulty at low water’. The king haftened thither, ‘ but found Godemai de Faye on the oppofite banks, Be- @ Froiffard, liy. i, chap. 125+ r Ibid. chap, 126, 127- 9 ng 1ISTORY OF ENGLAND. deliberated not a moment ; but t——~——J threw himfelf into the sate {word in hand, at the heed 1346, Battle of Crecy,. 26th Aug, of his troops; drove the enemy from their ftation ; and purfued them to a diftance on the plain *» The French army under Philip arrived at the ford, when the rear- guard of ‘the Englifh were paffing: So narrow was the efcape, which Edward, by his prudence and celerity, made from this danger! ‘The rifing of the tide prevented the French king from following him over the ford, and ob- liged that prince to take his road over the bridge at Abbe- ville; by which fome time was loft. nk, that Philip, at the head of fo Ky 1 to thi It ts natura vaft an army, was impatient to take revenge on the Eng- lifh, and to prevent the difgrace, to which he-muft be expofed, if an inferior enemy fhould be allowed; after ravaging fo great a part of his kingdom, to efcape with impunity. Edward alfo was fenfible, that fuch muft be the object of the French monarch ; and as he had ad- vanced but a little way before his enemy, he faw the dancer of precipitatine march over the plains of Pi- i preciy g Pp ng his rear to the infults of the nu- cardy, and of expofi merous cavalry, in which the’ French camp abounded. lent refolution: He chofe his He took chef hire a pruc ground-with advantage near the village of Crecy; he difpofed his army in excellent order; he determined to await in tranquillity the arrival of the enemy ; and he hoped, ‘that their eagernefs to engage, and to prevent his retreat, after all their paft difappointments, would ery. them on‘to fome rafh and ill-concertedaGtiion. - He drew afcent, and divided them into three lines : She firft was com saint by the prince of Wales, and under him, die earls of Warwic and Oxford, by Harcourt, and. by thedords:Ghandos, Hol- land, and: other nobleztien : The’ earls of Arundel and Northampton, EDWARD ff. 43% Northampton, with the lords Willoughby, Baflet, Roos, HA P. and Sir Lewis Tufton, were at the head of the fecond wy line: He took to himfelf the command of the third divi- 1346. fion, by which he propofed either to bring fuccour to the two firft lines, or to fecure a retreat in cafe of any mis- .fortune, or to pufh his advantages againft the enemy. He had likewife the precaution to throw up trenches on his flanks, in order to fecure himfelf from the numerous bodies of the French, who might affail him from that quarter; and he placed all his baggage behind him in a wood, which he alfo fecured by an intrenchment *. Tue {kill and order of this difpofition, with thetran- quillity in which it was made, ferved extremely to com- pofe the -minds of the foldiers; and the king, that he might farther infpirit them, rode through their ranks with fuch an air of cheerfulnefs and alacrity, as conveyed the higheft confidence into every b beholder. He pointed out to them the neceffity to which they were reduced, and the certain and inevitable deftruction which awaited them, if, in their prefent fituation, enclofed on all hands ‘in an enemy’s country, they trufted to any thing but their own valour, or gave that enemy an opportunity of taking revenge for the many infults and indignities, which they had of late put upon him. He reminded them of the vifible af fcendant, which they had hitherto maintained, ii, ~ over all the bodies of French troops that had fallen in their way ; and affured them, that the fuperior numbers ae of the army, which at prefent hove ered over them; gave asl (geal them not greater force, but was an advantage eafily com- isthieete penfated by the order in which he had* pl = his own army, and the refolution which he -expeéted from them. He demanded nothing, he faid, but that they would imi- tate his own example, and that'of the prince “of Wales ; and as the honour, the lives, the liberties of all, were t Froifard, liv. i, chap. 123. 432 PEs: TOR -O-F - ENG iA Nap: C H A P; now expofed to the fame danger, he was confident, that 4346, ke one common effort to extricate them- prefent difficulties, and that their unit- Id give them the victory over all their iftorians ", that Edward, befides 1¢ found in his own genius and pre- the refources fence of mind, employ alfo a new invention againtt the enemy, and placed in his front fome pieces of artil- lery, the firft that had yet been made ufe of on any re- markable occafion in Europe. This is the epoch of oné of the moft fingular difcoveries, that has been made among men; a difcovery, which changed by degrees the whole art of war, and by confequence many circum- ftances in the political government of Europe. But the ignorance of that age, in the mechanical arts, rendered the progrefs of this new invention very flow. The artillery, firft framed, were fo clumfy and of fuch difficult manage- ment, that men were not immediately fenfible of their ufe and efficacy : And even to the prefent times, improve ments have been continually making on this furious en- gine, which, though it feemed contrived for the deftruc-= tion of mankind, and the overthrow of empires, has in the iffue rendered battles lefs bloody, and has given greater ftability to civil focieties. Nations, by its means, ave been brought more to a level : Conquefts have be- come lefs frequent and rapid: Succefs in war has been reduced nearly to be a matter of calculation: And any nation, overmatched by its enemies, either yields to their demands, or fecures itfelf by alliances againft their vio- lence and invafion. THE invention of artillery was at this time known in France as well as in England; but Philip, in his hurry Villani, lib. 12, cap, 66. w Du Gange Gloff, in verbs <9 Pers EDWARD. Gn. to overtake the enemy, had probably left } hind him, which he re garded Allhis other movements difcovered the fame imprudence and precipitation. Impelled 1 by anger, a Ristiious coun- fellor, and trufting to the great {uperiority of his num- bers, he thought that all depended on forcing an engage- ment with the Englifh, and that, if he could once reach the enemy in their retreat, the victory on his certain and inevitable, fide was He made a hafty march in fome confufion from Abbeville ; but after he had advanced above two leagues, fome gentlemen, whom he had fent before to take a view of the enemy, returned to him, and brought him intelligence, that they had feen the Ene lifh drawn up in great order, and awaiting his arriy a They therefore advifed him to defer the combat till t enfuing day, when his army would have recovered S22 their fatigue, and might be difpofed into better order, than their prefent Satan y had permitted them to obferve. Philip affented to this counfel; but the former precipi- tation of his march, and the impatience of the French nobility, made it impraéticable for him to put it in exe- cution. One. divifion prefied upon another: Orders to ftop were not feafonably conveyed to all of them: This immenfe body was not gov erned by fufficient difcipline to be manageable : And the French army, imperfectly form= ed into three lines, arrived, already pause and difor- dered, in prefence of the enemy. The firft li line, con- fifting of 15,000 Genoefe crofs-bow men, ‘was. com- manded by Anthony Doria, and Charles Grimaldi: The fecond was led by the count of Alengon, wats to the king: The king himéelf was at the head of the third. Befides the Gcosh monarch, there were no lefs than three crowned heads in this engagement: ‘The king of Bohe- mia, the king of the Romans, his fon, and the king of Majorca; with all the nobility and great vaflals of the crown of France. The army now confifted of above +. Vou, Il, ee 120,000 o > ce ot as. a ufelefs incumbrance.. 433 his cannon be-C H A P, XV . i} HE i 434 CHAP, XV. | ind 1346. STORY OF ENGLAND. 120,000 men, above three times the number of the enemy. But the prudence of one man was fuperior to the advan- tage of all this force and fplendor. Tue Englifh, on the approach of the enemy, kept their ranks firm and immoveable; and the Genoefe firft began the attack. There had happened, a little before’the engagement, 2 thunder-fhower, which. had moiftened and relaxed the ftrings of the Genoefe crofs-bows ; their ar- rows for this reafon fell fhort of the enemy. ‘Fhe Eng- lifh archers, taking their bows out of their cafes, pour- ed in a fhower of arrows upon this multitude who were eppofed to them ; and foon threw them into diforder. The Genoefe fell. back upon the heavy-armed cavalry of the count of Alengon* ; who, enraged at their cowardice, ordered his troops to put them to the fword. The artil- lery fired amidft the crowd ; the Englifh archers conti- nued to fend in their arrows among them; and nothing was to be feen in that vaft body but hurry and confufion, terror and difmay. The young prince of Wrates had the prefence of mind to take advantage of this fituation, and to lead on his Hine to the charge. The French ca- fornewhat their order, and’ valry, however, recove encouraged by the examp le of their leader, made a ftout cleared themfelves of the upon their adverfaries, and refiftance ; and having at laft Genoefe runaways, advanced by their fuperior numbers b The earls of Arundel and Northampton’ now advanced ran to hem them round. their line to fuftain the prince, who, ardent in his firft feats of arms, fet an example of valour, which was imitated by all his followers The battle became for fome time 1 hot and dangerous, and the egrl of Warwic, apprehenfive’ = of the event from the fuperior numbers of the French, dif- patched a meflenger to the king,. and entreated him to fend ince. Edward had’ chofen is tation on the top of the hill ; and he furveyed in tran- ? fuccours to the relief of the pr x Yroiffard, liv, i, chap, 130, quillity ee is Det: 435 quillity the fcene of a€tion: When the me -flenger accoftedC H A Ps xv. i A or wounded. On receiving an anfwer in the negative, 1346. Return, faid he, to my fon, and tell him that I referve the honoiur of this day to him: I am confident that he will show himfelf worthy of the honour of knighthood, which I fo lately conferred upon him: He will be able without my affifiance to him, his firft queftion was; whether the prince was flain 1 repel the enémy¥. ‘This fpeech, being reported to the prince and his attendants, infpired them with frefh cous tage: They made an attack with redoubled vigour on the French, in which the count of Alencon was flain : That whole line of cavalry was thrown into diforder : The riders were killed or difmotinted: The Welth in- fantry ruflied into the throng, and with their | long knives cut the throats of all who had fallen; nor was any quar= ter given that day by the victors *. Tue king of France advanced in vain with the rear to fuftain the line commanded by his brother: He found them already difcomfited ; and the example of their rout encreafed the confufion, eal was before but.too pre- valent in his own body. He had himfelf a horfe killed under him: He was remounted ; and, though left almoft alone, he feemed ftill determined to maintain the comba it 5 when John of Hainault feized the reins of his bridle turned about his horfe, and carried him off the field of battle. ‘The whole French army took to flight, and was followed and put to the fword without mercy by the enes my ; till the darknefs of the night put an end to the purfuit. The king, on his return to the camp, flew in- to the arms of the prince of Wales, and exclaimed : My brave jin: Perfevere in your honourable courfe: You are my fon; for valiantly have you acquitted yourfelf to-day: You have fhewn yourfelf worthy of empire? ¥ Freiffard, liv, i, chap, 130, 2 Ibid, a Tbid. chap. 1314 Ffa2 THIS 426 HISTORY OF ENGLAND. CHAP... Tuis battle, which is known by the name of the bat- Yrecy, began after three o'clock in the afternoon, continued till evening. The next morning was and as the Englifh obferved, that many of the yad | eir way in the night and in the mift, j hey employed rem to bring them into their power: ‘I 4 on the eminences fome French ftandards xcule 2CUIC 1 ‘eal reaion pro- by a mo- 1400 gentle- anger ; ; men, 4000 men at arms, befides about 30,000 of infério ' vg al nobility of France, t ) the earls of | the field of i 1.3 ne wate r the it was remarKkad - =o os nw ; ae } ps . Sa ~< ti Tee men of his t ; and his dead body, and thoie of his Sy + Se ee Par ee : he tai aie ee atte 1t terwards found among the ilain, with hem in that fi heen ETS j by tips 7, and h tto_thefe Ger- “4 T nine ep e of Wales in of this great vic- n no lefs remarkable for. the Bai 5 ‘ e fmall te iftained by t! for the n £ i +t i i or t srench In it EDWQ4€A one efquire'and three knights 4, and very few of inferior C H A Pi ife XV. at difpofition pl an- ae ned by Edward, and the diforderly attack made by the 1346 rank ; a demonftration, that the prude French, had rendered the whole rather a rout than a battle, which was indeed the common cafe with en ments in thofe times. THE great prudence of Edward appeared not only in obtaining this memorable victory, but in’ the meafures which he purfued after it. Not elated by his prefent profperity, fo far as to expect the total conqueft of France, or even that of’ any confiderable provinces ; he propofed only to fecure fuch an eafy entrance into that kingdom, as might afterwards open the way to more moderate advan- tages. e knew. the extreme diftance of Guienne : He had experienced the difficulty and uncertainty of pene- trating on. the fide of the Low Countries, and had al- ready loft much of his.authority over Flanders by the death of d’Arteville, who had been murdered by the po- pulace themfelves, his former partizans, on his attempt- ing to transfer the fovereignty of that province to the prince of Wales*. The king, therefore, limited: his ambition to.the conqueft of Calais ; and val of a few days, which he employed in-interring flain, he marched with his viCtorious army, and prefented himfelf before the place. Jou of Vienne, a valiant knight of Burgundy, was govetnor of Calais, and being fupplied with every thing neceflary for defence, he encouraged: the townfmen- to perform to the utmoft theirduty to’ their king and = country. . Edward -therefore,..fenfible from the begin- ning that it was vain to attempt the place by force, pro- famine : He chofe a. fecure pofed only to reduce it by ftation for his camp ; drew entrenchments around ‘the whole city; raifed huts for his foldiers, which he covered Knyghton, p. 2583, ¢ Froiffard, liv. i, chap. 116. with 438 HISTORY OF ' ENGLAND. oes P. with ftraw or broom ; and provided his army with all the AY. i -d 4 a t—— conveniencies, neceflary to. make them endure the winter. 1346: feafon, which was approaching. As the governor foon perceived his intention, he expelled all the ufelefs mouths , and the king had the generofity to allow thefe unhappy people to pafs though his camp, and he even fupplied them with money for their journey’. Wits Edward was engaged in this fiege, which em- ployed him near a twelvemonth, there pafled in different places many other events ; and all to the honour of the Englifh arms. Tue retreat of the duke of Normandy from Guienne left the earl of Derby matter of the field ; and he was not negligent in making his advantage of the fuperiority. He took Mirebeau by affault: He made himfelf mafter of Lufignan in the fame manner: ‘Faillebourg and St: Jean de Angeli fell into his hands: Poictiers opened its gates to him; and Derby having thus broken into the frontiers on that quarter, carried his incurfions to the banks of the Loire, and filled all the fouthern provinces of France with horror and devaftation: £. THe flames of war were at the fame time kindled in Britanny. Charles of Blois invaded that province with a confiderable army, and invefted the fortrefs of Roche de Rien; but the countefs of Mountfort, reinforced by fome Englifh troops under Sir Thomas Dagworth, attacked him during the night in his entrenchments, difperfed his army, and took Charles himfelf: prifoner®. His wife, by whom he enjoyed his pretenfions to Britanny, compelled by the prefent neceflity, took on her the government of the party, and proved herfelf a rival in every fhape, and an antagonift to the countefs of Mountfort, hoth in the field and in the cabinet. And while thefe heroic dames prefented this extraordinary fcene to, the world, another € Froiffard, liv. i. chap, 133. & Ibid, chap. 136, h Ibid. 2 ° chap, 143. Walfingham, p, 168. “Ypod, Neuf. ps 517, 518 rE DW AR D HI. 439 princefs in England, of ftill higher rank, fhowed herfelf C ae Pe no lefs saieable of exerting every manly virtue. “came Tue Scottifh: nation, after long defending, with in- oe credible perfeverance, their liberties againft the fuperior Scotland, force of the Englifh, recalled their king, David Bruce, in 1342. Though that prince, neither by his age nor capacity, could bring them great affiftance, he gave them the countenance of fovereign authority; and as . Edward’s wars on the continent proved a great diverfion to the force of England, they rendered the balance more equal between the two kingdoms. In every truce which Ed- ward concluded with Philip, the king of Scotland was comprehended : and when Edward made his laft invafion upon France, David was firongly folicited ‘by his ally to begin alfo hoftilities, and to inv ade the northern coun- ties of England. The nobility of his nation being al- ways forward in fuch incurfions, David foon muttered a great army, entered Northumberland at the head of above 50,000 men, and carried his ravages and dey aftgtions to the gates of Durham', But queen » Phili ippa, aflembling a body of little more than 12,000 men *, which fhe en- trufted to the command of Lord Piercy, ventured to ap- proach him at Neville’s Crofs near that city ; and riding through the ranks of her army, exhorted every man to on his duty, and to take revenge on thefe barbarous ravagers', Nor could fhe be perfuaded to leave the field, till the ar- 17th oa. mics were on the point of engaging. The Scots have often been unfortunate in the great pitched battles which they fought with the Englifh; even though they com- monly iletHited fuch engagements where the fuper jority of numbers was net on ehelé ides But never did they receive a more fatal blow than the prefent. They were broken and chaced off the field: Fifteen thoufand of them, fome i Froifflard, liv. 1. chap, 137+ k Ibid, chap, 138. 4 Ibid, chap, 138 hiftorians 420 HISTORY OF ENGLAND. a) ee c : - hiftorians fay tw houfand, were flain ; among whoitt were Edward Keith, earl Marefchal, and Sir’ Thomas 7348: Charteris, chancellor: And the king himfelf was taken th rifoner, with the edrls of Southerland, -Fife,; ‘Monteith; a arric, lord Douglas, and many other noblemen ™. HILIPPA, having fecured her royal prifoner in the 1 the fea at Dover ; and was received in before Calais with all the triumph due rit, and her fuccefs. ‘Thi n of chivalry and gallantry: Edward ed in thefe accomplifhments as much as in policy and arms: And if any thing could juftify the obfequious de- votion then profefled to ex, it muft be the ap- pearance of fuch « women as fhone forth during that period. 1347. THE town of C had been defended with remark- ried able vigilance, conf d bravery by the ‘townfmen, during a fiege of unufual length: But Philip, informed “wh 14? ; diftreffled condition, determined at laft to attempt oached the Enelifh with an im- and he aj menfe army, which the writers of that age make amount he found Edward fo furrounded entrenchments, that, ruction, he concluded lith camp. than to fend his rival a vain r 2 in the open field ; which being amp with his army, and dif- ral provinces °. governor of Calais, now faw th which was reduced hap. 139. n Rymer, vol. ve p, 537% : eibury, p. 161, 162, Be We A RD 7 HT: to the laft extremity, by famine and the fatigue o inhabitants. He appeared on the walls, and made nal to the Englifh centinels that he defired a Sir Walter Manny was fent to him by Edward. rave « knight,” cried the governor, ‘* I have been entrufted «< by my fovereig with the command of this town: It «< is almoft a year fince you befieged me; and I have «¢ endeavoured, as well as thofe under me, to do our “duty. But you are acquainted with our prefent con- « dition: We have no hopes of relief; we are perifhing « with hunger; I am willing there furrender, and S > « defire, as the fole condition, to enfure the lives and 9 “¢ jiberties of thefe brave oe who have fo Jong fhared « with me every danger and fatigue ?.” Manny replied, that he was well acquainted with the intentions of the king of England; that that prince was incenfed againft the townfmen of Calais for their perti- nacious refiftance, and for the evils which they had made him and his fubjects fuffer ; that he was determined to take exemplary vengeance on them; and would not re- ceive the town on any condition which fhould’ confine him in the punifhment of thefe offenders. ‘* Confider,” replied Vienne, “ that this is not the treatment to which << brave men are intitled : If any Englifh knight had «¢ been in my fituation, your king would have expected s* the fame conduét from him. T he inhabitants of Ca- oe lais have done for their foyereion what merits the ef- oF «< teem of every prince ; much more of fo gallant a prince « as Edward. But I inform you, that, if we muft perifh, ¢€ we fhall not perifh unrevenged ; and that we are not << yet fo reduced, but we can fell our lives at a high price “ to the victors. It is the intereft of both fides to pre- c h- “ vent thefe defperate extremities; and I exp yet, that p Froiffard, liv, x, chap. 146. 6¢-you 442 HISTORY OF ENGLAND, Cc Hs P. ¢ you yourfelf, brave knight, will interpofe your good & * 5 © offices with your prince in our behalf,” 3347 Manny was ftruck with the juftnefs of thefe fenti- ments, and reprefented to the king the danger of reprifals, if he fhould give fuch treatment to the inhabitants of Calais. Edward was at laft perfuaded to mitigate the rigour of the conditions demanded: He only infifted, that fix of the moft confiderable citizens fhould be fent to him to be difpofed of as he thought proper ; that they fhould come to his camp carrying the keys of the eity in their hands, bareheaded and barefooted, with ropes about their necks : And on thefe conditions, he promifed to {pare the lives of all the remainder 4, WHEN this intelligence was conveyed to Calais, it ftruck the inhabitants with new confternation. To fa- crifice fix of their fellow-citizens to certain deftruCtion, for fignalizing their valour in a common caufe, appeared. to them even more fevere than that general punifhment, with which they were before threatened ; and they found themfelves incapable of coming to any refolution in fo cruel and diftrefsful a fituation. At laft one of the prin- cipal inhabitants called Euftace de St. Pierre, whofe name deferves to be recorded, ftepped forth, and declared him- felf willing to encounter death for the fafety of his friends and companions: Another, animated by his example, made a like generous offer: A third and a fourth pre- fented themfelves to the fame fate; and the whole number was foon completed, Thefe fix heroic burgefles appeared before Edward in the guife of malefactors, laid at his feet the keys of their city, and were ordered to be led to exe» cution, It is furprizing, that fo generous a prince fhould ever have entertained fuch a barbarous purpofe againft fuch men; and ftill more that he fhould ferioufly perfift 4 Froiffard, liv. x. chap. 146, Dp woAR Dw In the refolution of executing it*. But the entreaties of his queen faved his memory from that infamy: She threw herfelf on her knees before him, and with tears in her eyes begged the lives of thefe citizens, Having ob- tained her requeit, fhe carried them into her tent, ordered a repaft to be fet before them, and after making them a prefent of money and clothes, difmifled them in fafety *. Tue king took pofleffion of Calais ; and immediately executed an act of rigor, more juftifiable becaufe more neceflary, than that which he had before refolved on. He knew, that, notwithftanding his pretended title to the crown of France, every Frenchman regarded him as a mortal enemy : He therefore ordered all the inhabitants of Calais to evacuate the town, and he peopled it anew with Englifh ; a policy which probably preferved fo long to his fucceffors the dominion of that important fortrefs. He made it the ftaple of wool,, leather, tin, and lead; the four chief, if not the fole commodities of the kingdom, for which there was any confiderable demand in foreign markets. All the Englifh were obliged to bring thither thefe goods: Foreign merchants came to the fame place in order to purchafe them: And at a period, when pofts were not eftablifhed, and when the communication be- tween ftates was fo imperfect, this inftitution, though it hurt the navigation of England, was perhaps of advan- tage to the kingdom, Turovucnu the mediation of the pope’s legates, Ed- ward concluded a truce with France; but even during this Secu of arms, he had very nearly loft Calais, the fole fruit of all his boafted viGtories. The king had en- trufted that place to the command of Aimery de Pavie, an Italian, who had difcovered bravery and condué in the * See note [H] at the end of the yolume, t Froiffard, liv. x. chape 146+ 4 wats, 444 CHAR, xv, Samed 13%7* 4th Auguft, 444 HISTORY OF ENGLAND. C HA P. wars, but was utterly deftitute of every principle of honour i and fidelity. ‘This man agreed to deliver up Calais for 3348, the fum of 20,000 crowns; and Geoffrey de Charni, who commanded the French forces in thofe quarters, and who knew, that, if he fucceeded in this fervice, hé fhould not be difavowed, ventured, without confulting his mafter, to conclude the bargain with him. Edward, informed of this treachery, by means of Aimery’s fecretary, fummoned the governor to London on other pretences; and having charged him with the guilt, promifed him his life, but on condition that he would turn the contrivance to the de- ftruction of the enemy. The Italian eafily agreed to this double treachery, A day was appointed for the admiffion of the French ; and Edward, having prspaed a force of about a fhouf men, under Sir Walter Manny, fe- cretly pate from London, carrying with him the prince of Wales; and without being fufpected, arrived i the evening rds at Calai He made a proper difpofi- tion for the reception of the enemy; and kept all his forces and the garrifon under arms. On the appearance f Charni, a chofen band of French foldiers was admitte at the poftern, and Aimery, receiving the ftipulated fum, promifed, that, with their affiftance, he would immediately open the great gate to the troops, who were waiting with ce for the fulfilling of his engagement. All the =) im patier y S rat ii French who entered were immediately flain or taken pri- 1: Edward rufhed forth foners: Fhe great gate openec § g with cries of battle and of victory: The French, though at the event, behaved with valour: A fierce and bloody gement enfued. As the mornir ig broke, the king, w ho. was not diftinguifhed by his arms, and who fou Manny, remarked a French gentleman, called Euftace de 3 a private man under the ftz sadasa: of Sir Walter Ribaumont, who exerted himfelf with fingular vigour and bravery ; and he was feized with a defire of trying a fingle > combat with him, He ftepped forth from his troop, a challen EDW: AR D challenging Ribaumont by name, (for him) began a fharp and dangerous encounter. te was twice beat to the ground by the valour of the Frenchman: He twice recovered himfelf: Blows were redoubled with equal force on both fides: The victory was long unde- cided: Till Ribaumont, perceiving himfelf to be left almoft alone, called cut to his antagonift, Szr knight, £ yield myfelf 5 your prifoner ; and at the fame time delivered his fword to the king. Moft.of the French, being over- powered by numbers, and intercepted in their retreat, loft either their lives or their liberty §. The French officers, who had fallen into the hands of the Englifh, were conduéted into Calais; where Edward difcovered to them the antagonift with whom they had had the honour to be engaged, and treated them with great regard and courtefy. They were admitted to fup with the prince of Wales, and the Englifh nobility ; and after fupper, the king himfelf came into the apartment, and went about, converfing familiarly with one or other of his prifoners. He even addrefled himfelf in an obliging manner to Charni, and avoided reproaching him with the treacherous attempt, which he had made upon Calais during the truce: But he openly beftowed the higheft en- comiums on Ribaumont; called him the moft valorous knight that he had ever been acquainted with ; and con~- felled, that he himfelf |} had at no time been in fo great danger as when engaged in combat with him. He then took a ee of pearls itch he wore about his own head, and throwing it over the head of Ribaumont, he faid to Si, << Sir Euftace, I beftow this prefent upon «¢ you, as a teftimony of my efteem for your bravery : = d fire you to wear it a year for my ake : : be gay and amorous; and to take delig! 5 “< i, 14%. 446 HISTORY OF ENGLAND. C HA P.& know from what hand you had the prefent: You are een “* no longer a prifoner ; I acquit you of your ranfom ; 1349" S€ and you are at liberty to-morrow to difpofe of your-~ “¢ felf as you think proper.” NovHINnG can more evidently prove the vaft fuperiority afflumed by the nobility and gentry above all the- other orders of men during thofe ages, than the extreme diffe- rence which Edward made in his treatment of thefé French knights, and that of the fix citizens of Calais; who had exerted more fignal bravery in a caufe more jue tifiable and more honourable, St Ae XVI. ED WAR D Il. Tnfiitution of the garter State of France Batile of Poiétiers Captivity of the king of France State of that kingdom Invafion of France Peace of Bretigni State of France Expedition into Caftile Rupture with France——Ill fuccefs of the Englifh Death of the prince of Wales Death and charatier of the king Mifcellaneous tranfattions in this reign. HE prudent conduct and great fuccefs of Edward in his foreign wars had excited a ftrong emulation and a military genius among the Englifh nobility ; and thefe turbulent barons, over-awed by the crown, gave now amore ufeful direétion to their ambition, and at- tached themfelves to a prince who led them to the acqui- fition of riches and of glory. That he might farther promote the fpirit of emulation and obedience, the king inftituted the order of the garter, in imitation of fome orders of a like nature, religious as well as military, which had been eftablifhed in different parts of Europe. The number received into this order confifted of twenty- ),aiution five perfons, befides the fovereign ; and as it has never of the gare been enlarged, this badge of diftin@tion continues as ho- ““" nourable as at its firft inftitution, and is ftill a valuable, though a cheap, prefent, which the prince can confer on his greateft fubjects. A vulgar ftory prevails, but is not fupported by any ancient authority, that, at a court- ball, HISTORY.,OF ENGLAND. CHA P. ball, Edward’s miftrefs, commonly fuppofed to be the of Salifbury, dropped her garter ; and the king, J i g taking it up, obferved fome of the courtiers to fmile, as if they thought that he had not obtained this favour merely ip accident : Upon which he called out, Hloni foit qui mal y p Evil to him that evil thinks; and as every of gallantry among thefe ancient warriors was incide magnified into.a matter of great importance*, he infti- tuted the order of the garter in memiorial of this event, and gave thefe words as the motto of the order. This origin, though frivolous, is not unfuitable to the manners of the times ; and it is indeed difficult by any other means to account, either for the feemingly unmeani ng terms ef the m or for the peculiar badge of the gar- r 5 & have no reference to any purpofe E ter, which either of m Burt a fudden damp was thrown over this feftivity and triumph of the court of En lence, which invaded that kingdom as well as the reft of > S Europe; and is computed to have fwept away near a and, by a deftructive petti- iird of the inhabitants in every country, which it at- fatal in 9 Oo y thoufand fouls are faid to eat cities than t have perithed by it in London alonet. This malady dif- = fia, was fpread over all that country, made its pt from one end of Europe 9 another, and fenfibly dep lated every ftate through which it paffed. So grievous a calamity, more than the ed to maintain and yard, w DurING EDWARD = It. DurinG this truce, Phili ‘ lois died, wit! being able -eftablith the affairs of France, which his bad fuccefs againft England had thrown into extreme diforder. This monarch, ring firft years of his reign, had obtained the appellation of Fortun. quired the character of prudent; but | either the one or the other; lefs from his ow becaufe he was overmatched by the fuperior fortune and fuperior genius of Edward. But the incidents in tl reign of his fon John, gave he +h nation caufe regret even the calamitous times of his predeceffor. was diftinguifhed by many virtues, particularl; lous honour and fidelity : He was not deficient in per. fonal courage: But as he wanted that mafterly prudence and forefight, which his diff lation required, his kingdom was at the fame time difturbed by inteftine commotions, and oppreffed with foreign wars. The chief fource of its calamities, was ] ing of Navy who received the epithet of f conduét fully Sritisica him to that appellation. Thi 1 was defcended from, males-of the blood royal of France 3 his mother was. daughter of Lewis Hutin; he had him- felf efpoufed a daus whtex of king John: But all i which ought to have ¢ connected him with the him only gr | regard to his 5 pedo engaging, eloquent ; exhautftible in his ref thefe {plendid accomplifhments were at the fame time tended with fuch defects, as rendered them pernicious his country, and i infelf: H inconftant, ‘faithlefs, by no principle And whet in ene enterprize, he immediately und ok another, in which he was never You. II. 3g eterred HI O Go! NGLAND. 1 ne M +h minit erinminal “anaAeann c l 1 employing the moft criminal and mo : eee i ( d his liberty, : I « i I I CA, Al ys 2+ aon ~~ t C e re ize eCtions with the > ordk } 1, and with. leoal or formal t put him to death in prifon. Ci de Ja Cerda was : n nitable in his place; | ke fatal end: The king of Navarre ordered nate and iuc cnefs of the : m wie eR cre tnis ] ini yuNament, ~ gest oie ) ven agree t is offence, but on c 1 receive an acceffion of territ Ys fecond fon put into ; on, when he came to ‘ I " mock penitence and hu- milation DEO DiS loverecion . but this c n, to ich John fubmitted from ne- cefity, EB did not long continue ; and the kine of that he had reafon to ap- prehend the moft ance for the many crimes and treafons, which he committed, and the Y c. “lLoenfure him- t rrefpondence Jerby, now earl « ployed in fruit- ; a5 lefs 1edia~ tion or the ence y Froiffard, liv, 3, chap. 344, and and Manche’. his caftles and fort Edward had prepared an army had the weaknefs to propofe Charles, and even to give this traiterou of a hundred thoufand crowns, feigned reconcilement, dangerous. The king of Nayarre, punity, and defperate from the dangers hended, continued ftill his in felf with Geoffrey d’f from Philip de Valois, as t perfevered ftill: in-his faétious dipelition, he encreafed the number of his partizans in Dauphiny to the crov fenfible of the danger mifed to make atonement for the offence of his aflociates ; and in concert with his vited the king party, toa the hands of John. immediately led to exe: thrown into prifon™ : king, and of treachery proving decifive in maintaini lip of Navarre, brother to Char court, put all the towns prince in a a pofture of de A52 HISTORY OF ENGLAND HE truce be tween the two kingdoms dic 5 veil -d, that the factions in France had at e partizans in that kingdom, which to the crown had never been able to ac- i ; Oy de 4 propofed to attack his enemy both on the under the command of the prince of hat of Calais, in his own perfon YouncG Edward arrived in the Garronne with his ar- l Nt ny, on board a fleet of three hundred fail, attended by the eatls of Warwic, Salifbury, Oxford, Suffolk, and other Eng lemen. Being joined by the vaflals or. Gaf- cony, he took the field; and as the prefent diforders in France prevented every proper plan of defence, he c ies on with impunity his ravages and devaftations, according to the mode of war in that age. He reduced all the vil- lages and feveral towns in Languedoc to afhes: He pre- fented himfelf before Touloufe ; pafled the Garronne, and burned the fuburbs of Carcaffonne ; advanced even to Teasbeah; laying every place wafte around him: And after an incurfion of fix weeks, returned with a vat booty Vall 0 and many prifoners to Guienne, where he took up his winter-q arters*. The conftable of Bourbon, who com- manded in thofe provinces, received orders, though at the head of a fuperior army, on no account to run the hazard of a battle. Tue king of England’s incurfion from Calais was of ure, and attended with the fame ifflue. He France at the head of a numerous army ; to ave a full licence of plundering and ray aging So rs open panne He advanced to St, Omer, where the king of France was pofted; and on the retreat of that x Froiffard, liv. x chap; 144, 146, prince, 2D. Wz ATR D prince, followed him to Hefdin ’. diftance, and declined an engagement: But in order t fave his reputation, he fent Edward a challenge to fight a pitched battle with him ; a ufual bravade in that rived from the practice of fingle combat, an in the art of war. The king, finding no fincerity in this defiance, retired to Calais, and thence went over to Eng- Jand, in order to defend that kingdom againft a threz atened invafion of the Scots. Tue Scots, taking advantage of the king’s abfence, and that of the military power of E Berwic ; and had collected an army with a view of mitting ravages upon the northern provinces: But on the approach of Edward, they abandoned that place, which was not tenable, while the caftle was in the hands of the ive the ene- Englifh ; and retiring to their mountains, g: my full liberty of burning and deftroying the w1 try from Berwic to Edinburgh *. Baliol attended Ed on this expedition ; but finding, that his conftant ence to the Englifh had given his countrymen an uncon- querable averfion to ee title, and that he himfelf was declining through age and infirmities, he finally refigned into the king’s hands his pretenfions to the crown of Scotland *, and received in lieu of them an annual penfion of 2000 pounds, with which he pafled the remainder of his life in privacy and retirement. DurinG thefe military operations, Edward received in- formation of the encreafing diforders in France, arifing from the imprifonment of the king of Navarre; and he fent Lancafter at the head of a {mall army, to fupport the partizans of that prince in Normandy. The war was conduéted with various fuccefs; but chiefly to the difad- vantage of the French malcontents; till an important y Froiffard, liv. x. chap, 144. Avedbury, P. 206, Walfing. p. 171- % Walling, p. 17%. a Rymer, vol. v. p. $23. Ypod. Neuft. P. $21. Gg 3 * & q gE tb 3) —_ : : S é rt) 5 . &0 oS a) = -~ S S . Q : = if bE ' > Tl ie. C 7 " . ot m 8 nd g 5 co chofen; and he contrived an ambuth of 300 men at arms, and as many archers, whom he put under the command of the Captal de Buche, and ordered to make a circuit, that they might fall on the flank or rear of the French army during the « gement. The van of his army was c ed by the earl of Warwic, the rear by the earls of y and ] body by the prince himfelf. The lords Chan and many other c at the head of brave and e3 perience different c s in three divifions, nearly +} the duke of Orleans, dauphin attended hers ; t ‘thir ‘d by the king him- aes fide Philip, his fourth fon sid fa- sourteen years of ace, There was ith army but through a narrow la ne, ; and in order to open this d Clermont, were ordered to ac ment of men at arms. While the lane, a body of archers v each fide with their arrows ; and being very near them, yet placed in perf coolly took their aim againit the enemy, and { tered them with impunity, @ Broiffard. lic ha 5 2rouiard, liv, x. cnap, FOF, The ED W The French detachment, much difcouraged equal combat, and diminifhed in their number, the end of the lane, where they met on the open ground the prince of Wales himfelf, at thé head of a chofen body ready for their reception. “They were ditsorsbted and overthrown: One of the marefchals was flain; the other taken prifoner: And the remainder of the detachment, who were ftill in the lane, and expofed to the fhot of the “2 : - = enemy, without being able make refiftance, recoiled upon their own army, and put every thing into diforder ° In that critical moment, the Captal de Buche unex edly appeared, and attacked in flank the which fell into fome confufion. Landas, Bodenai, St. Venant, to whom the care of that young prince < his brothers had been committed, too anxious for their charge or for their own fafety, carried them off the field of battle, and fet the example of flight, which was fol- lowed by that whole divifion. The duke of Orleans, feized with a like panic, and imagining all was loft, thought no longer of fighting, but carried off his divifion by a retreat, w! hich foon turned into a flight. Lord Chandos called out to the prince, that the day was won ; and encouraged him to attack the divifion, under king John, which, though more numerous than the whale Englifh army, were fomewhat difmayed with the precipi- tate flight of their companions. John here made the utmoft efforts to retrieve by his valour, what his impru- dence had betrayed ; and the only refiftance made that day was by his line of battle. he prince of Wales fell with impetuofity on fome German cayalry placed in the front, and commanded by the counts of Sal lebruche, Nydo, and Nofto: A fierce battle enfued: One fide were encou- raged by the near profpect of fo great a victory : The other wer e ftimulated by the fhame of quitting the field to an e Froiffard, liv. 1, chap. 162s enemy elf expofed to the oh The -very mome other: His fon, fcarce a wound, i his fath num- nelifh gentleman, ambitious of alive the royal prifoner, fpared 1 him to furrender him- =d ta d out, and feemed un- willing to become prifoner t at a diftance on the of But being told, that the prince wa field, he threw down his gauntlet, and yielded himfelf to s de Morbec, a knight of Ar murder. His fon was taken who had been awa Ss a 5 o © oD i¢) e way in entirely De pitcned s repofing me to fave the life e prince, which was expofed to greater dan- the heat of action. The ; ] iolence from Morbec: The ur of detaining the prifoner: And an yield the prize to ED. W-A'R wic overawed both ¢ great miidaitvucons the printe’s tent. HERE commences the real and truly admirable heroifm of Edward: For victories are vulgar things in con nparifon of that moderation and humanity difcovered by a young the fury of battle, and ¢ by as extraordinary and as unexpected fuccefs as | 2a 4 crowned the arms of any prince of twenty-feven ye ears “ not yet cooled from commander. He came forth to meet the captive king with all the marks of regard and fympathy; « iftered com- fort to him amidft his misfortunes ; paid him the tribute of praife due to his valour; and afcribed his merely to the blind chance of war or to a fuperior provi- dence, which controuls all the efforts of human force and prudence *. The behaviour of John fhowed him not un- worthy of this courteo. fortune never made him for king: More touched by E own calamities, he confefled, that, notwit! defeat and captivity, his honour was ftill unimpair that, if he yielded the victory, it was a — pri f fuch confummate valou rince of { onfunu EpwaArp ordered a tive’s t ftood at the king’s back during the meal; ‘conftantly re fufed to take a pla ace at table ; -and declare a fubje&t, he was too well mee with tance between his own rank, and that of royal majefty, to aflume fuch freedom. ° All his father’s pretenfions to the crown of France were now buried in oblivion : John in captivity received the honours of aking, which were refufed him when feated on the throne: His misfortunes, not his title, were refpected : and the French prifoners, h Poul, Cemil. p. 197. I conquered 60 HISTORY OF ENGLAND. A 4 CH A P. conquered by this elevation of mind, more than by their XVI. ww. Jate difcomfiture, burft into tears of admix tion ; which 1357. were only checked by the reflection, that fuch genu- } ered heroifm in an enemy mutft certainly ine and unz ous to their native n the iffue prove but the more dar f ares i, Aut the Englifh and Gafcon ki nerous example fet them by their prince. T lights imitated the ge- € captives were every where treated with huma anity, and w after difm on paying moderate ranfoms to the perfons into whofe hands, they had fallen. The extent of their fortunes was confidered ; and an attention was given, that they fhould ftill have fufficient means left, for the future, to perform their military fervice in a manner fuitable to their rank and quality. Yet fo numerous were the noble prifoners, that thefe ranfoms, joined to the fpoils, gained in the field, were fufficient to enrich the pr Y3 and as they had fuffered very little in the action, their joy and exultation was complete. THE prince of Wales conducted his prifoner to Bour- deaux ; and not being provided with forces fo numerous le him to pufh his prefent advar itages, he as might enab concluded a France *, which was alf aes he might conduct the captive king with { into England. He landed at South- wark,.and was met by a great concourfe of people, of all The prifoner was clad in royal ap- i mounted on a white fteed, diftin ig uithed | by its beauty, and by the ri efs of its furniture. ‘The conqueror rode by his fide in a meaner a tire, and carried by a black palfry. [In this fituation, much more glorious than all the infolent parad de of a Roman triumph, Pe ES ek ata | TPE Wt om oe the ftreets of London, and prefented the king of France to his father, who advanced to meet i Froiffard, liv. 1, chap, 168, k Rymer, vol. vis p, 3. him, him, and received him with the e courtefy, a: been a neigh cil hat had v to pay him a friendly vi is impofibl fiecting on this siete conduét, not to perceive the advan- tages, which refulted from the otherwife whimfical prin. ciples of chivalry, and which gave men, in thofe rude times, fome fuperiority even over people of a more cul- tivated age and nation. ner which he met with in England, had the melancholy con- Tue king of France, befides the generous treatment folation of the wretched, to fee ty eases in aff The’ king of Scots had been eleven years Edward’s hands; and the good fortune of this latter monarch had reduced at once the two neighbouring po- tentates, with whom he was engaged in war, to be pri- foners in his capital. But Edward, finding that the con- queft of Scotland was nowife advanced by the captivity of its fovereign, and that the government, conduéted by Robert Stuart, his nephew and heir, was ftill able to de- fend itfelf, confented to reftore David Bruce to his liberty, for the ranfom of 100,000 marks fterling ; and that prince delivered the fons of all his principal nobility, as hoftages for the payment ™. Meanwuite, the captivity of John, joined to the 1358. : 7 1 - State of preceding diforders of the French government, had pro~- France, duced in that country, a diffolution, almoft total,’ of civil authority, and had occafioned confufions, the moft hor- rible and deftructive that had ever been experienced age or in any nation.. The dauphin, now about e years. of age, naturally aflumed the royal power during ) t thouch endowed with an ex- Se ee early years, he pofleffed fufficient: to defend a I Froiffard Froiffard 462 HISTORY OF ENGLAND. iled at once by foreign power and fhaken by in- » ternal faction. In order to obtain fupply, he aflembled tes of the kingdom: That affembly, inftead of fup- is admini i Ives feized with the prefent op- prince’s power, id the liberty of ft of the merchants, - at the head of the unruly populace; and from the violence and teme- criminal outrages againft the royal authority, They de- he dauphin in a fort of captivity ; they murdered e Robert de Clermont and John de Con- : ed all the other > 3 they. thre ang wnen and openly The other cities of the al, {hook off the dau- nt into their own ovinee. The the phin’s hands ; and to cl tu- The troops, in difcipline, the means of fubfiftance re 1 aflo all yo f¢ | alone St ip, ae ee Kkinedom. They defolated J 6 er 1 « and plundered the 3 aii means or Communication or fub- fiftance, E fiftance, reduced towns to the mofi merly opprefled, mafters, became de rifing every where in thofe diforders, i the citizens and difb lence of popular rage; regard due to their — di account, the obj nous peafants. put to the fword without mercy : led fumed with fire, and leve fand of them bro dauphin. with moit brutal treatment juftly dreaded by ahove above th is hel de Buche, though in the : faaine of Edward, yet sores by generofity and by the g to their refcue, and Tn under the other laughter. falling commonly prefer But here the wil Every man was thrown And e por the DO £ lows : ; r Soe eer AmipsrT thefe diforders, the KINg O1 efeape from prif i Ta bas os nn lad pera | rs < neir Caities were con- to the ground: Their wives were 1y: But the Captal actin / , of a true knigh , flew neafants with great he oppofite factions, of th leaders, ige of fomerule and order : i be renewed : nt of his fel- 1 to ture feemed > {rene He stCiie. Wagare iNavart 464 CHAP XVI. an 1358. HISTORY OF ENGLAND. the furious malcontents°. But the fplendid talents of this prince qualified him only to do mifchief, and to encreafe the public diftraCtions : He wanted the fteadinefs and pru- dence requifite for making his ideas fubfervient to his ambition, and forming his numerous partizans into a re- gular faction. He revived his pretenfions, fomewhat ob- folete, to the crown of France: But while he advanced this claim, he relied entirely on his alliance with the Enclifh, who were concerned in intereft to d ifappoint his public and inveterate ene- t x pretenfions, and who, bein; mies to the ftate, ferved only, by the friendfhip which they feemingly bore him, to render his caufe the more odious. And in all his operations, he acted more like a leader of banditti, than one who afpired to be the head of a regular government, and who was d by his fta- & g tion to endeavour the re-eftablifhment of order in the cot the French, who wifhed ble and defolated country, . aad that young prince, military talents, poffefled hat he daily cained the afcendant over all his enemies. Marcel, the feditious Ud aris, was flain, while he was attempting to of elfen and the Englifh ; returned to its duty», The U deliver the city to the kin; tr i he capital immediate; of the mutinous peafants were moft confiderable bodi me bands of military difperfed, and put to the fword: S fate: And though many robbers underwent the grievous diforders ftill remained, France began gradually to aflume the face of a regular civil government, and to form fome plan for its defence and fecurity. Bicad- Durine the confufion in the dauphin’s affairs, ward feemed to have a favourable opportunity for pufhing ® Froiffard, liy.i, chap, 181. P Ibid. chap, 187, his EDWARD tut his conquefts: But befides that his hands were tied the truce, and he could only affift underhand the faction , of Navarre; the ftate of the Englifi tary. power during thofe ages, rendete hte of making any regular or Coit e liged it to exert its force at very diftant 3 which all the projected ends were commonly difappoint- ed. Edward employed himfelf > durifig a conjuncture fo inviting, chiefly in negociations with his prifoner ; and John had the weaknefs to fign terms of peace, which, had they taken effect, muft have totally ruined and dif- membered his kingdom. _ He agreed to reftore all provinces which had been poffefled by Heniy II. two fons, and to annex them for ever to E figlind out any obligation of ‘homage or fea Ity on the part Englith monarch. But the dauphin and France rejected this treaty, fo difhonou: cious to the kingdom; and Edward, on the expiration of the truce, having now, by fubfidies and fruga lity, col- lected fome treafure, prepared himfelf for a new sa afion of France. THE great authority and renown of the king and the prince of Wales, the fplendid fuccefs of their former en- terprizes, and the certain profpedt of plunder from the defencelefs provinces of France, foon brought together the whole military power of England ; and the ee mo- tives invited to Edward’s ftandard ail the hardy adven- turers of the different countries of Europe". He pafled over to Calais, where he affembled an army of near a hundred thoufand men ; a force which the dauphin could not pretend to withftand in the ae field: ‘That prince therefore prepared himfelf to elude a blow, which it was impofible for him to refift, He put all the confiderable towns in a pofture of defence; ordered them to be fup- iffard, liv, i, chap. 20%. r Ibid, chap, 205+ ih AVI, ee) Ras He et “cS ae, “3 VO. 0) Vek tet Oo D Sd wmotY ig rw] ) oS ‘ ie Ss 3 a nA SoS ag Me )) Na et eke ° Be a 3 = © hae eee €D) hea eg See) wea! apa ae - fy ahold eet mt i] 4 nye MA pe) fa ais § ~ = v 4 ry “ ‘ = e 3 . oy ) ’ + —, s ct _ ) . Ole r ' a” ne 5 4 es : 4 ay \S ) - ol = a b ¥ - adn Sy te ee eee } Ons : ) = io) a 8 Oo, o & oO * 7 4 I a Be OS f f = r <3 oO gy ee , x { pL : - A += ie oO ) 5 pe a 8 aed o> Ce eS f p Po iy ote > Sino 8 Ba» - os ae Cen) Rey) = F a = Y & es UT w ¢ ~~ Oo 80.4 , P + < -~ m~ § Oo Dp OF Sir 4 4 eS see) Se ee - a2 ww HM ws © Oo f[ — fF ~ * re fe sie es gard a battle, by fendit make that prudent prince Paris was & merous garrif plied mz his army i fpread his troops into the provinces of M and the Chartraine, which were of their devaftations *» T I experienced, was during the feftival of king {topped the courfe of ¢an fometimes reftrain tl juftice nor humani y is able to controul. WHILE the war was carried on in this the negociations for peace were nev the king ftill infifted on the full e which he had made with his prifoner which was ftrenuoufly rejected peared no likelihood of an flow duke of Lancafter (for this titk England during the prefent rei the rigour of thefe terms, equal and reafor ward, that, notwithftandine hi éefles, the object of the war, if the acquifition of the crown of any nearer than was fet. at a greater advantages, which f fucceffion had Zan in the kingdom : fry ict tive } it; 68 HIS TORD-OF ENGLAND. c xu P. moft implacable animofity againft him. That though PON inteftine fa&tion had creeped into the governiient of neat 360. Frarice, it was abating every moment; and no party, even during the createft heat of the conteft, when fub+ feftinn under. a. forcien enonvy whalleac ie jection under a foreign enemy ufually appears preferabl to the dominion of fellow-citizens, nae ever adopted the pretenfiors of the king of England. uimfelf, who alone was allied ia ty the Eng] Hifh, inftead_of being a cordial friend, was Edward’s moft dangerous rival, and in the opinion of his partizans ap- 1 1 ~ pea ared to poffefs a much preferable title to the crown of Prance. ‘That the prolongation of the war, however it us: to the king himfelf, who bore all the charges of the armament, without reaping any folid or durable adyant ‘That if the 1 kingdom would foon be reduced to fuch a flate of defola- forders of France continued, that tion as to afford no fpoils to its rz { eftablifh a more fteady government, chance of war in its favour, and by its adiurst an j Re SS | ar mone he n- eters advantages, be able to repel tne preient is to prevent one foot of land in the king- a acquire ty tise cefsful,- had been extremely expenfiy very danger- ou And th bl ured fo much glory by hb th moderation was the only ho- to ich he coulc pire ; an honour fo much the greater, as it \ ted with that of prudence, and micht be afte with the moft real ad- Vant S liy, i, chap, 21% W A-~R DD. . TH. "THESE reafons induced Edward to accept of more € F ynoderate terms o pes e; an $ probable, that, as order to palliz refglution, he afcribed it toa vow, made d in ig a dreadful tempeft, which ¢acked his army on their march, and which ancient h . A ‘ Mes pawn? 3 c DOB | rans repretent as the caufe of this iudaen ac tion *. The conferences een b a ‘hc ed on the ote conditions ’: It was ftipulated, that king John fhould be reftored to his liberty, and fhould pay as his ranfom three millions of crowns of gold, about 1,500,000 pounds of our prefent money * ; which was to be difcharged at different payments: That Edward fhould for ever renounce all claim to the -crown of France, and .to the provinces of Normandy, Maine, Touraine, and Anjou, poflefled by his anceftors; and fhould receive in exchange the provinces of Poictou, Xaintonge, l’Agenois, Perigort, the Limoufin, Quercy, Rovergue, l’Angoumois, and other diftricts in that quar- ter, x Seaed 1 Calais, Guifnes, Montreuil, and the county of Ponthieu, on the other fide of France: That the full fovereignty of all thefe provinces, as well as that of Beene, fhould be vefted in the crown of Eng- Jand, and that France fhould renounce all title to feudal jurifdition, homage, or appeal from them: That the king of Navarre heald be reftored to al! his honours and poffefions: That Edward fhould renounce his conf racy with the Fleming John his connexions with Scots: That the difputes concerning the fucceffion Britanny, between the families of Blois and Mountfort, fhould be decided by arbiters, appointed by the two kings; and if the competitors refufed to fubmit to the award, ™® Froiffard, liv. i. chap, 211. y Rymer, vol. vi. p. 173 Proiffard, div, i. chap, 212. : See note [K] at the end of volume, the : os 2 : s=S rv) : =| : o ct 25 . sn & im a OS ” a a ee 3 Oo. 4 3 mem 3 & ay ~ é ® Z Si aS ES we “sy 3 i sn a = is) S , ee a Ss i) ce = tJ in be 3 bs | 3 4 ; i> q 25 © = 1 eee : 3 ty OO Os te a e Sa of : oo f vey P {<3 «oe — . Oo FS a wae a = M3 5 bo $2. idan Sco = 8 “ us = Cc ; f v en, es e O fas ‘ & § 3 a 3 & I 3 os 8 oO q go a wt SO ot S ae: ’ fo) aa ot. RS aes os Ey cS 3s ae DS ee DS 9 ey ee te ® = Gq + t= 5 = Lo) i = a a & S §s «06 Y ©). 6. 2) Ss i 3 Uo 8 ~ Do Y a 6 oe Ss oa ae oO 4 cn u » wo v i oe Oo f ww HW QD w : alee AY ao =. aot 3 = P Ca a, — é mod fo» : ‘ : 1 a + @) a oo. had indeed been his treated him pe But, many extremc ous a treaty: h were banifhed from the retain her habitation from the merit of this honc le behaviour, fenting John ; he was £ AsA founded on ftronger 8th Apuil: over men, than nities which purfued a n rch of fuch eminent soodnels, : : = re been or no importance. Dut fhouch both his reien and that of hi father proved ex- remely unfortu acquired. during their time, very confiderable acceffions, thofe of Dauphiny and Burgund This latter province, however, ] 1 the : e again to difmembet Here Pe Fe ee 472 3 Ip Bate OR Y OF EN GLAN . © HAP. from the crown, by beftowing it on Philip his fourth fon, fn. ot aS Sn ee Bee — ott tender affections ‘ ; adeed; which was i—~ the chje& of hh 13%4. afterwards the fource of many calamities to the kingdom, 7 Joun was fuccce in the throne by s, the rfi Dsvar-keteer t LVy5 Dauphin, a prince educated in the {chool of ad nd , and e€x- and well cualified, by his confummate prudence perience, to repair al 1 the loffes, which the kinydom had {uftained from the errors of his two predeceflors. Con- trary to the practice of all the great princes of thofe ti which held nothing in eftimation but milita ry cour he feerns to have fixed it as a maxim never to appear at rs the head of his armies ; and he was the firft kine in rope, that sli owed the advantage of poli dg ju ement, ahove a rafh 1, Compared with thofe of the preceding, ve to value Ftiitoes on their victories, or to be seinaidaa by their defeats ; which in reality ought to be afcribed chiefly to the good or bad condu&. of their rulers, an ; - towards determin and - r _ = wr ae) noe | + '? FORE Charles counter-balancine g fo , for him to rders, to which his own kingdom was expofed, turned his arms againft the king of Na- vatre, the great difturber of France during that de defeated that prince by the condué of Bertrand du aa clin, a gentleman of Britanny, one of the moft accom- plithed characters of the age, whom he had the difcern- 7 ment to chufe as the inftrument of all his viGtories z And he obli ged his enemy to accept of moderate terms of peace. Du Guefclin was lefs fortunate in the wars of i Britanny, which ftill continued > notwithfta # Rymer, vol, vi. p. 423, & Froiff 3394 ° Be DEW An diation of France and meets He was defe taken prifoner at Auray by Chand : Cha there flain, and the y ; count of got entire poffedion of that dutchy 5. But the prudence Charles broke the force of this blow: He fubmitted the decifion of fortune: He acknowledged the title of Mountfort, though a zealous partizan of England; and But fettlement of the fate, proceeded mies, whom their crimes alone rendered eminent, and aes number dangefous. On the srisckalaas of the treaty of Bretigni, the many military adyenturers, who had followed the fortunes of Edward, being difperfed into the feveral provinces poflefled of ftrong holds, refufed to lay down thei or relinquifh a courfe of life, to which the accuftomed, and by which alone they could gain a fub- fiftance i, They aflociated themfelves with the bar who were already enured to the habits of rapine and vio- lence ; and under the name of the companies. and compa- nions, beca a terror to all t Y ble inhabitants. Some Engl d Gafcon gentlemen « cularly Sir Matthew Gournay, Sir h Calverly, chevalier Verte, and others, were afhamed to take the command of thefe on the whole to near 40,000 who bore the appearance of regular armies, rather than bands of rebbers. Thefe leaders fought pitched aie with the troops of France, and gained victories; in one of which Jaques de Bourbon, a A prince of the blood, was flain* : # aheight, that they wanted little but regular eftablifhments d they | proceeded to fuch to become princes, and thereby fanctify, by the maxims of h Froiffard, liv. z, chap. 227, 228, &¢s } Froiffard, liv, 1. chap, 214+ fe ; ass lo = o, TORY OF ENGLAND rn TAD 7 weed le caiteiate 7 oie os ee ee, rh * € HA P. the world, their infamous projeffion. The ereater f{poit XVI. 2 capag 1ey committed on the country, the more eafy ah * ae Eke Lee 4 De ww 4t Co recruit their number: All thofe, who were reduced ea idard: The evil hy ht a } T zh the pope declared them excommuni 3, however Cg Paces Siro Nath eee : aig Laat ake deeply affected with this ice, to which they p: much ¢reater of jt humanity, coul betake them- folie iCives to z not able by power to 2 Henry, they required no other condition before that they were n¢ Wales in Guienne. to the enterprize, th 1 retinue to enter into the fervice under du Guefclin. army firft to Avign se ay | PH eee ee demanded, iword in fe he fum of 200 and t promifed gard to the fecond [ believe, that my fellows,” re- plied du Guefelin, ‘‘ may make a fhi do without «€ your abfolution; but the money is al « ry.” ‘The pope then extorted from t the city and nei 1bourhood the fum of a hundred fand livres. and offered it todu Guefclin. ‘It is not my S$, afc ** purpofe,” that gerierous warrior, ‘* toopprefs the The pope and his cardinals themfelves 6° can a e oF nr het at eG > ae) 1367, Expedition into Caftile, ready to join the enem HISTORY OF ENGLAND. 7 {pare me that fum from their own pockets, ** This money, I infift, muft be reftored to the owners, And fhould they be defrauded of it, I fhall ] myfelf re- mt from the other fide of the Pyrenees, and oblige ** you to make them reftitution.” The pope found the neceflity of fubmitting, and paid him, from his own the fum demanded !, The army, hallowed by and enriched. by the fpoils of the church, 7 } ~ » ngs proceeded on their expedition, THESE experienced and hard y foldiers, conduéted J > fo able a general, eafily prevailed over the king of Catftile, whofe fubjects, inftead of fuppor ting their oppreflor, were gainft him®™. Peter fled from o his dominions, took fhelter in Guienne, and craved the protection of the prince of Wales, whom his father had invelted with the fovereignty of thefe conque red pe o~ vinces s, under the title of the principali ity of Aquitai1 ‘The prince feemed now to have entirely changed his fen- fiments with regard to the Spanifh tranfaétions : Whether that he was moved by the generofity of fupporting a dif- treft prince, and thought, as is but too ufual among fo- igns, that the rights of the people were a matter of t=) much lefs confideration ; or dreaded the acquifition of fo powerful a confederate to France as the new king of Caf- tile ; or what is moft probable, was impatient of reft and eafe, and fought only an opportunity for exerting his mi- litary talents, by which he had alr ready acquired fo much renown. He promifed his affiftance to the dethroned monarch ; and having obtained the confent of his father, he levied a great army, and fet out upon his eden: He was accompanied by his younger brother, John of Gaunt, created duke of Lancafter r, in room of the good prince of that name, who had died without any male 1 Hift. du Guefclin, m Froiffard, liv. x, chap, 230, Rymer, vol. vie pe 384. Froifla rd, liv, z, chap, 231, iffue, ED Ww AR D~ “ai. +77 iffue, and whofe daughter he had efpoufed. Chandos CH A P. alfo, who bore among the Englifh the fame char: which du Guefclin had acquired among the commanded under him in this expedition. Tue firft blow, which the prince of Wales Henry of ‘Tranftamare, was the recalling of all panies from his fervice ; and fo much reverence did they bear to the name of Edward, that great numbers of them immediately withdrew from Spain, and inlifted under hi banners. Henry however, beloved by his new fubj Cis, and fupported by the king of Arragon and others of his neighbours, was able to meet the enemy with an army of 100,000 men; ferces three times more numerous than thofe which were commanded by Edward. Du Gue‘clin, and all his experienced officers, advifed him to delay any decifive action, to cut off the prince of Wales’s provi- fions, and to avoid every engagement with a general, whofe enterprizes had hitherto been always conducted with prudence, and crowned with fuccefs. Henry trufted too much to his numbers ; and ventured to encounter the Englifh prince at Najara°®. Hiftorians of that age are commonly very copious in defcribing the fhock of armies in battle, the valour of the combatants, the flaughter and various fuccefles of the day: But though fmall rencoun- ters in thofe times were often well difputed, aging difcipline was always too imper rfect to pref great armies ; and fuch aétions deferve more routs than of battles. Henry was cha ae off with the lofs of above 20,000 men: There perifhed only four knights and forty privaté men on the fide of the Englifh. Peter, who fo well merited the which he bore, propofed to murder all his prifoners in cool blood ; but was reftrained from this bai hte y by the © Froiffard, liv. x, chap. 241. remon- yt AVI. 1367, | ent his con- mexions with a man like Peter, abandoned to all fenfe of irtue and honour. The unoratefyl tyrant refufed the 4 j ioe +} iy viedl | en . b Py nai e ted pay to the Englith forces; and Edward, find- ae J is foldiers daily perifh by ficknefs, and eyen his own health impaired by the Climate, was ob] xed, with- out receiving any fatisfaction on this head, to return inte Guienne ?. Tue barbarities, exercifed by Peter’ over hig helplefs fubjects, whom he now ree ed as vanquifhed rebels, Cattilians againft him : ] revived al! rether and on the . yy - ir et ARG with du Guefclin, and fome forces levied anew in France, the tyrant was in dethroned, and was taken prifoner. atment of his cruelties, murdered his own hand; and was placed on the throne 1 (ee y ia ~ 5 which tted to lus potterity. “The duke Lwancatter, who ej ied in fecond marriage the 14 7 cia I Gi c l 1 } of th t DY ¢ it ere the monty of the r + ware 1 rec 1, tl it expedi- tion, ended not with it. had felf in fo much debt by hi A RK D others a lutely refufed revived > ani imofity whicl Englifh, and which all the amia talities of the prir e ce of Wales were not able to mitieate or afluace. They complained, that they were conbdered as a conquered people, that their privileges were difregarded, that all truft was given to the Englifh alone, that every office of honour and profit was conferred on thefe foreigne and that the extreme re ance, Vi Be exprefled, to receive this new yok = oy eres “ remembered againfi he cen had into excellent order ; and the counts of Armagnac, Com minge, and Perigord, the Lord d’Albret, with othe: nobles, went to Pz and were encouraged to carry their complaints to Charles, .as to their lord Soe againft thefe oppreffions of Englifh government! In the treaty of Bretigni I two kings fhoulk claim to the crow Normandy, Maine, and Anjou ohn of the homage and ealty due for Guienne and the yrovinces ceded to the Enelith. was not yet mutual renur q This tax was a amie sion ld haveviel pofition would have yie! hearths in the have common! There is a 4368, 33°9. HISTORY OF ENGLAND. Searle ET as aeeeie 2 en eed, that the parties, mean whe fhouid make no ufe of their r 2 tive rlaiiges againft each other é Though the fail 1 hefe renunciations had {till proceeded froin Fr to have taken no umbra med to give him'‘eftire fecurity 1 be reafonable ap safes 1 } 1 a os ak a hia te an} & a had probably been made to him sos aie Se h CO treaty, confidering himfclf as fuperior lord of thefe province j and of receiving the appeals of his { hofe of juftice, 3 tions of princes; and as the mortal juries received front the Exiglifh, the pride of their mphs, the fevere terms impofed by tlie treaty of peace, to render évery Seti means of revenge honour- able againft them; Charles was determined to take this meaiure, lefs by the reafonings of his civilians and law- ers, than by the pr lene fi fituation of the two monarchies H id of Edward, the Jan- Fe confidered the decti: 4 “8 Gy zee the aftec- n Pat. r itate of the nN all thefe provinces bore to diftance from England, their reffed by his ich the inhabita ie t mafter, their teva the r to france, the extreme ani | eX} their ardent made all the but it fhould be at The unwarlike cha- t Rot, Fraic. u Froiffard, liy..1. E DWAR D © ff. racter of Charles kept prince Edward, ven yet, thinking, that that monarch was in earneft, in this b and hazardous attempt. Ir foon appeared what ceived by his diftant conqueft fure expended in the quarrel, and 1 to retain acquifitions, in an age whe could be maintained fufficient to defend revolt of the inhabitants, efpeciall; joined with the invafion of a fore gn enemy. Charle. fell firft upon Ponthieu, which gave the Englith an inlet into the heart of France: The citizens of Abbeville opened their gates to him *: e of St. Valori, Rue, and Crotoy imitated the example, and the whole country was in a little time reduced to aiebinialica The dukes of Berri and Anjou, brothers to Charles, being affifted by du Guefclin, who was recalled from Spain, invaded the fouthern provinces ; and by means of their good condudt, the favourable difpofitions of the people, and the ardour of the French nobility, they made every day confiderable progrefs againft the Englifh. The ftate of the prince of Wales’s health did not permit him to mount on horfe- back, or exert his ufual activity : Chandos, the conftable of Guienne, was flain in one action’: The Captal de Buche, who fucceeded him in that office, was taken pri- foner in another *: And when young Edward himfelf was ebliged by his encreafing infirmities to throw up the com- mand, and return to his native country, the affairs of the Englifh in the fouth of France feemed to be menaced with total ruin. THE king, incenfed at thefe injurie threatened to put to death all the French bafisaces: Ww vho remained in his hands ; but on reflection abftained from that ungenerous fi ‘a > 1? ” Lier Xx Walfingham, p. 183. iffard, liv. x. 77. Walfing- ham, p. 135+ z Froiffard, liv, 1, chap. 3 Vo1. II. li Ill fuccef: of the Englith, -revenoe. After refun HISTORY OF, EN ELAND, s, by advice of parliament, the vain title of king of France*, he iis to fend fuccours into Gaf ony; but all his attempts, both by fea proved unfuccefsful. The earl of Pembroke tercepted at fea, and taken prifoner with his ‘whole army near Rochelle by a fleet, which the king of Caftile had fitted out for that purpofe>: Edward himfelf embarked for Bourdeaux with another army; but was fo long ‘de- tained by contrary winds, that he was obliged to lay afide rprize *. Sir Robert Knolles, at the head of 30,000 men, marched out of Calais, and continued his ravages to the gates of Paris, without being able to pro- the enemy to an engagement: He proceeded in his march to the provinces of Maine and Anjou, which he Jaid-wafte ; but part of his ar my being there defeated by the conduct of du Guefclin, who was now créated con- ftable of France, and who feems to have been the firtt ral that had yet appeared in Europe, the reft were fcattered and difperfed, and the fmall re- ] es, intft fread of reachi ing Guienne, : fovereion had embraced fOOK ineiter iu > alliance of England 4. he duke of Lancafter, fome time after, made a like attempt with an ar ly of 25,000 whole leneth of France from Ca- but was fo much haraffed by the fly- ended him, that he brc not the hee Ed- as at laft obliged t. b Froiffard, lig * s br? pone. liv ; joe, ard, liv. 3. n ‘ ¥, 1. Chap. 291. M, pe 185. © Froiffard, liv, x, chap, 321. Walfiagham, Ps 187. him, EDWARD III. 48 Vv him, except Bourdeaux and Bayonne, and all his con-C HA P. quefts, except Calais. ne = . . - “7 Jeane THE decline of the king’s life was expofed to many 137% mortifications, and correfponded not to the {plendid and noify fcenes, which had filled the beginning and the middle of it. Befides feeing the lofs of his foreign domi- nions, and being baffled in every attempt to defend them; he felt the decay of his authority at home, and experi- enced, from the fharpnefs of fome parliamentary remon- flrances, the great inconftancy of the people, and the in- fluence of prefent fortune over all their judgments ‘ This prince, who, during the vigour of his age, had been chiefly occupied in the purfuits of war and ambi- tion, began, at an unfeafonable period, to indulge him- felf in pleafure ; and being now a widower, he attached himfelf to a lady of fenfe and fpirit, one Alice Pierce, who acquired a great afcendant over him, and by her in- fluence gave fuch general difguft, that, in order to fatisfy the parliament, he was obliged to remove her from court §, The indolence alfo, naturally attending old age and infir- mities, had made him, in a great meafure, refign the adminiftration into the hands of his fon, the duke of Lancafter, who, as he was far from being popular, weak- ened extremely the affection, which the Englifh bore to the perfon and government of the king. Mencarried their jealoufies very far againft the duke ; and as they faw with much regret, the death of the prince of Wales every day approaching, they apprehended, left the fucceffion of his fon, Richard, now a minor, fhould be defeated by the intrigues of Lancafter, and by the weak indulgence of the old king. But Edward, in order to fatisfy both the people and the prince on this head, declared in parliament his grandfon heir and fucceflor to the crown; and thereby Walfingham, p. 189. -Ypod. Neust. p. 530s Walfingham, p. 239, 484 HISTORY OF ENGLAND. Cc HA P. cut off all the hopes of the duke of Lancafter, if he ever XVIp.x 4 a aun} Ad he temerity to entertain any. THE prince of Wales, after a lingering illnefs, died > in the forty-fixth year of age; and left a character, illuftrated by every ent virtue, and from his earlieft youth till the hour he expired, unftained by any blemifh. His valour and military talents formed the fmalleft part of his merit: His generofity, humanity, affability, mo- deration, gained him the affe&tions of all men ; and he was qualified to throw a luftre, not only on that rude age, ich nowife infected him with in which he lived, and whi its vices, but on the moft fhining period of ancient or modern hiftory. The king furvived about a year this melancholy ineident : England was deprived at once of both thefe princes, its chief ornament and fupport: He _ expired in the fixty-fifth year of his age and the fifty-firft 2ut Junee of his reign; and the people were then fenfible, though too late, of the irreparable lofs, which they had fuf- tained. Tue Englifh are apt to confider with peculiar fondnefs he peed of Edward III. and to efteem his reign, as it was one of the longeft, the moft glorious alfo, that oc- curs in the annals of their nation. The afcendant which they then began to acquire over France, their rival and fuppofed national enemy, makes them caft their eyes on this period with great complacency, and fan¢tifies every meafure, which Edward embraced for that end. But the domeftic government of this prince is Bei more ad- mirable than his foreign victories ; and England enjoyed dence and v by the pr rour of his sminiaion, a longer nterval of domeftic peace and tranquill ity than fhe had — bleft with in any f eriod, or than fhe expe- rienced for many ag or, He gained the affections of the creat, yet curbec ir licentioufi He made them feel his power, without their daring, or even being in- ere SW Ar ds © 485 clined, to murmur at it: His affable and obliging beha-C HA P* XVI, viour, his munificence and generofity, made them fubmit WArNy with pleafure to his dominion ; his valour and conduct made them fuccefsful in moft of their enterprizes ; and their unquiet fpirits, directed againft a public enemy, had no leifure to breed thofe difturbances, to which t ie were naturally fo much inclined, and which the frame of the government feemed fo much to authorize, This was the chief benefit, which refulted from Edward’s victories and conquefts. His foreign wars were, in other refpetts, nei- their founded in juftice, nor directed to any falutary pur- pofe. His attempt againft the king of Scotland, a minor and a brother-in-law, and the reviv val of his grandfather’s claim of fuperiority over that kingdom, were both unfea- fonable and ungenerous ; wid allowed himfelf to be too eafily feduced, by the Jane ,profpe of French con- ae from the acquifition of a point, which was prac- ticable, and which, if attained, might really have been of lafting utility to his country and his fucceffors. The fuccefs, which e met with in France, though chiefly owing to his eminent talents, was unexpected ;, and yet, from the very nature of things, not from any unforefeen accidents, was found, even during his own life-time, to have procured him no folid advantages. But the acy of a conqueror is fo dazzling to t aoe vulgar, the animofity of nations is fo extreme, that the fruitlefs de efolation of fo fine a part of Europe as Fae is totally difregarded by us, and is never confidered as a blemifh in the cha- ya@ter or conduct of this prince. And indeed, seg the unfortunate ftate of human nature, it will commonly hap- pen, that a fovereign of genius, fuch as Edw rard, who afually finds every thing ea fy in his domeftic government, will turn himfelf toy wards military enterprizes, where alon he meets with oppofition, and where he has full exercife for his induftry and capacity. lig DWARD 1377> 486 HISTORY OF ENGLAND. CHAP. Epwarp had a numerous pofterity by his queen Phi- ea lippa of Hainault. His eldeft fon was the heroic Edward 1377 ufually denominated the Black Pr ince, from the colour of his armour. This prince efpoufed his coufin Joan, commonly called the fair maid of Kent, daughter and heir of his uncle, the earl of Kent, who was beheaded in thé oe eee, of se reign. She was firft married to Sir Tho- , by whom fhe had children. By the prince he had a fon, Richard, who alone fur- vived his father, Tue fecond fon of king Edward (for we pafs over fuch as died in their childhood) was Lionel duke of Cla- who was firft ma de Burgh, ughter ‘and heir of the earl of Ulfter, by whom he left only one daughter, married to Edmund Mortimer, earl of Marche. Lionel] efpoufed in fecond marriage, i > duke of Milan », and died in Italy foon after the confummation of his nu ptials, ee leaving any pofterity by that princefs. Of all ; ibled moft his father and elder brother in his noble qualities. EDWARD’S third fon was John of Gaunt, fo called from the place of his birth: He was created 'duke of er; and from him fprang that branch which yards pofleffed the crown. The fourth fon of this amily was Edmund, created earl of Cambridge by her, and duke of York by his nephew. The fifth fon was Thomas, who received the title of earl of Buck- incham from his father, and that of duke of Glocefter from his nephew, In order to prevent confufion, we fhall always diftinguith thefe two princes by the titles of York and Glocef them r, even before they were advanced ta ED iW A&R D>. oi. THERE were alfo feveral princefles born to Edward by Philippa, to wit, Ifabella, Joan, Mary and Marg: : who efpoufed, in the order of their names, Ingelram de Coucy earl of Bedford, Alphonfo king of Caftile, John of Mountfort duke of Britanny, and John Haftings carl of Pembroke. The princefs Joan died at Bourdeaux be- fore the confummation of her marriage. CHAP, Ir is remarked by an elegant hiftorian', that Conquer- Mite ors, though ufually the bane of human kind, proved often, in thofe feudal times, the moft indulgent of fove-' reigns : They ftood moft in need of fupplies from their people ; and not being able to compel them by force to fubmit to the neceflary impofitions, they were obliged to make them fome compenfation, by equitable laws and popular conceflions, This remark is, in fome meafure, though imperfectly, juftified by the conduct of Edward III. He took no fteps of moment without confultin, his afterwards pleade meatures }, confideration during his reign, and acquire authority than in any former time ; and even the houfe of commons, which, during turbulent and factious } ee rally opt ffed by tl eater power of the crow! was naturally oppreiicd by the greater power 04 the crow! and barons, began to appear of fome wel tution. .In the later years of Edward, fters were impeached in parliament, partic Mortimer, who fell a facrifice to the authority of the mons *; and they even obliged th kin S e 1¢ ome atten miftrefs by their remonftrances. paid to the election of their 1 particular, who were, at that time, me! {omewhat inferior, were totally excluded the houfe during feveral parliaments '. h Dr. Robertfon’s Hiftory of Scotland, book 1. & Ibid, p. 122. 1 Cotton’s Abridg. p» 14 ici 488 HISTORY OF ENGLAND. Cz AP. Owe of the moft eee: laws, enaéted by any prince, L-w~n _~Was the ftatute, which paffed in the tw renty-hifth of this 1377. reign ™, and which tailed the ca s of high treafon, be- fore vague and uncertain, to thre -¢ principal heads, con- ing, levying war againft him, were prohi- ing to. his enemies; and the jud Sas ee cafes fhould from. inflic¢ cling ition to par- were indeed fo much 1s in force with- € obliged to en- acy for levyi ng war ; onfpiracy againft confpir acy againf J 2 tr n tacitly acquiefced in + a : : it was alfo ordained, tha moe! liament fhould i be held which, like Fowx ARD & pants above twenty parliamentary confir th Chane, and thefe conceffions are as proofs of his great induleence rd to their liberti ‘ign been in general fome- what arbitrary, and if me ie Charter had not been frequently violated, the parliament would never have ap- plied for thefe frequent confir mations, which could add no force to a deed regularly obferved, and which could ferve to no other purpofe, than to prevent the contrary precedents from turning into a rule, and acquiring au-~ thority. It was indeed the effe@ of the irregular govern- ment oe thofe apes, that a ftatute, which had been imagined 8 * Chap. 2 % 4 Edw. TI, chap, 4s es .®) E.D W I. 439 to lofe force, by, time, and needed to be often renewed C H A P. by recent ftatutes of the faine fenfe and tenor. Hence eel likewife that general claufe, fo frequent in old acts of 1377 : parliament, that the ftatutes, enacted by the king’s pro- genitors, fhould be obferved °; a precaution, which, if we not do confider the circumftances of the times, might appear abfurd and ridiculous. The frequent confitma- tions in general terms of the privileges of the church proceeded from the fame caufe. Ir is a claufe in one of Edward’s ftatutes, that no man, of what éftate or condition foer hal land or tenement, nor taken nor nor put to death, without being brought in anfwer by due procefs of the law”, ‘his privilege was fufficiently fecured by aclaufe of the Great Charter, which had received a general confirmation in the firft chapter of the fame fta- tute.~ Why then is the claufe fo anxioufly, and, as we may think, fo fuperfluoufly repeated? Plainly, becaufe there had been fome late infringements of it, which gave 1 = umbrage to the commons 4, Bur there is no article, in which the laws are more frequently repeated during this reign, almoft in the fame terms, than that of purveyance, which the parliament al- ways calls an outrageous and intolerablegrievance, and the fource of infinite damage to the people *. The parlia- ment tried to abolifh this prerogative altogether, by pro- hibiting any one from taking goods without the confent of the owners *, and by changing the heinous name of purveyors, as they term it, into that of buyerst: But the arbitrary conduct of Edward ftill brought back the grie- vance upon them; though contrary both to the Great © 36 Edw. HI. cap. r. 37+ Edw. III, cap. 1. &ce Pp 28 Edw. IIT. cap, 3. q They affert, in the 15th of this reign, that there had been fuch inftances. Cotton's Abridg. p- 31. They repeat the fame in the aift year, See p. 59- r 36 Edw. il, &e, 8 14 Edw. Ill. $2p. Ig» t 36 Edw, IG, cap, 20 Cha larger, HISTORY OF ENGLAND. CH AP. Charter, and to many ftatutes. This diforder was in a XVI, — ) good meafure derived from the ftate of the public finances 23776 and of the kingdom ; and could therefore the lef admit of The prince frequent ly wanted ready money ; ly muft be fubfifted: He was therefore obliged to employ force and violence for that purpofe, and to give tallies, at what rate he pleafed, to the owners of the goods which he laid hold of. The ki om alfo abounded fo little in commodities, and the interior communication was fo imperfe&, that, had the owners been ftrictly protected by law, they could eafily have exacted any price from the king ; efpecially in his frequent progrefles, when he came to diftant and poor places, where the court did not ufually gud and where a regular plan for fupplying it could not eafily be eftablithed: Not only the king, but feveral great _— infifted upon this right of purveyance within certa THE magnificent caftle of Windfor. was built by Ed- ward IIT. and his method of conducting that work may ferve as a fpecimen of the condition of the people in that Inftead of engaging workmen by contraés and sy he aflefled every county in England to fend him a certain number of mafons, tilers. and carpenters, as if he had been levying an army ¥. THEY mi reign who imagine All the hich ake, indeed, very much the genius of this rely arbit rary of the crown were to the ful} what gave iome confolation, and pro to the people, they were alwavs omimons: 5uch as the difpenfing - s a roreins Y ; erechinge mono- topping juftice by particular 7R i mo of the D. 126 Coit A Z Cotton, 73 f ons 2 Rymer, 40 4 i Os EDW AR D> It. 49% warrants’; the renewal of the commiffion of trailbaton>;C H A Ps ptefling men and {hips into the public fervice «; levying — ; arbitrary and exorbitant fines¢; extending the authority ‘377+ of the privy council or ftar-chamber to the decifion of private caufes*; enlarging the power of the marcfchal’s and other arbitrary courts‘; imprifoning members for freedom of fpeech in parliament; obliging people with- out any rule to fend recruits of men at arms, archers, and hoblers, to the army". But there was no act of arbitrary power more fre- quently repeated in this reign, than that of impofing taxes without confent of parliament. Though that af- fembly granted the king greater fupplies than had ever been obtained by any of his predeceflors, his great under- takings and the neceffity of his affairs obliged him ftill to levy more ; and after his fplendid fuccefs againft France had added weight to his authority, thefe arbitrary impofi- tions became almoft annual and perpetual. | Cotton’s Abridgment of the records affords numerous inftances of this kind, in the firft ‘ year of his reign, in the thirteenth year *, in the fourteenth ', in the twentieth ™, in the twenty-firft ", in the twenty-fecond °, in the twenty- fifth’, in the thirty-cighth %, in the fiftieth , and in the fifty-firlt *. Tue king epenly avowed and maintained this power of levying taxes at pleafure. At one time, he replied to the remonftrance made by the commons againft it, that the impofitions had been exacted from great. neceflity, and had been affented to by the prelates, earls, barons, a Cotton, p. 114s b Ibid. p. 67. © Cotton’s Abridg. P+ 475 795 113. d bid, p. 32. e Ibid. p. 74. F Ibid. P. 74 z Walfing. p. 189, 190. h Tyrrel’s Hift, vol. viii. Pp» 554. from the records. i Rymer, vol. iv. p. 363. EP. 37, 18. 1 Rymer, vol. iv. ps 39: m P. 47. n P, 526 53> 57> 53s © P. 69, PP. 765 9 P, 10% r Pl 138. g P. x52. and Aor HISTORY OF ENGLAND, Cc se. P. and fome of the’ commons * ; at ariother, that-he would XVI. : ake : When the parliament rn ari, 4 Dees | Avveasde a aw might be enacted fos 2 punifhment of Gach h LE11T | thefe arbitrary impofitions, he refufed«compli- n the fubfequent year, they defired that kt renounce this preter anfwer was, that he would levy no taxes 1 fity, for the defence of the realm n, ably might ufe that authority aa few days before his death; and tt his laft words to his people. It would the famous charter or ftatute of Edward osetia though never repealed, was fuppofed to have eady loft by ge all its authority. Ty HESE facts can only fhow the practice of the times : For as to the right, the continual remonftrances of the commons may feem to prove that it rather lay on their fide: At leaft, thefe remonftrances ferved to prevent the ar- bitrary practices of the court from becoming an eftablifhed part of the conftitution. In fo much a better condition were the privileges of the people even during the arbi- trary reign of Edward III, than during fome {ubfequent ones, particularly thofe of the Tudors, where no ty- ranny or abufe of power ever met with any check or eppofition, or fo much as a remonftranee, from parlia- snent. In this reign we find, according to the fentiments of an ingenious and learned author, the firft ftrongly marked and probably contefted ditti tion by the king and his ction id tween a proc] ama= 7 council, and a law which o P=) ords and commons Y. had received the aflent of the 60, Some of the come « Cotton, Obfervations Ir BD Wo ASR DA“. Ir is eafy to imagine, that a prince of fo much fenfe © and fpirit as Edward, would be no flave to the court of Rome. ‘Though the old tribute was paid during fome years of his minority *, he afterwards withheld it; and when the pope in 1367 threatened to cite him to the court of Rome, for default of payment, he laid the mat- ter before his parliament. That aflembly unanimoufly declared, that king John could not, without a national confent, fubjec& his kingdom to a foreign power: And that they were therefore determi sia to fupport their fove- reign againft this unjuft pretenfion * Durine this reign, the ftatute nas provife is acted, rendering it penal to procure any prefentations to pI benefices from the court of Rome, and fecuring the rights of all patrons and electors, which ried been extrer croached on by the pope ’, By a fubfequent ftatute, every perfon was out-lawed who c see any. caufe by ap- peal to the court of Rome‘. Tue laity at this time feem to have been extt prejudiced againft the papal power, and even fomewhat againft their own clergy, becaufe of their connexions with the Roman pontiff. ‘The parliament pretended, that the ufurpations of the pope were the caufe of all the plage injuries, famine, and poverty of the realm ; were more deftru€tive to it than all the wars; and were the reafon why it contained not a third of the inhabitants and com- modies, which it formerly poffefled : That. the taxes, levied by him, exceeded five times thofe which were paid to the king: That every thing was venal in that finful city of Rome; and that even the patrons in Eng- land had thence. learned to practife fimony without re- morfe or fcruple?. At another time, they petition the a]; king to employ no churchman in any office of ftate-*.; z Rymer, vol. iv, pe 434+ 2 Cotton’s Abridg. p. 1104 b a¢ Edw, Wl, 27 Edw. Il, © 27 Edw. HI, 38 Edw. Il. 4 Cotton, Pp 74) 128, 1296 © Ibid, p. 1425 6 and ——— ti a HO4 HISTORY OF ENGLAND. CH A P.and they even fpeak in plain terms, of expelling by force XVI t the papal authority, and thereby providing a remedy 4377: againft oppreffions, which they neither could nor would any longer endure *. Men who talked in. this ftrain, were not far from the reformation : But Edward did not think proper to fecond all this zeal. Though he paffed the ftatute of provifors, he took little care of its execu- tion ; and the parliament made frequent complaints of his gligence on this head &, He was content with having reduced {uch of the Romith ecclefiaftics, as poflefled re- venues in England, to depend entirely upon him by means of that ftatute. As to the police of the kingdom during this period, it was certainly better than during times of faction, civil war, and diforder, to which England was fo often ex- pofed : Yet were there feveral vices in the conftitution, the bad confequences of which all the power and vigi- lance of the king could not prevent. The barons, by their confederacies with thofe of their own order, and by fupporting and defending their retainers in every ini- quity °, were the chief abettors of robbers, murderers, and ruffians of all kinds; and no law could be executed againit thefe criminals. The nob ity were brought to og. oh eit _promife in parliament, that they would not avow, retain, or fupport > felon or breaker of the law‘; yet this engagement, which we may wonder to fee exacted from men of their rank, was never regarded by them. The commons make continual complaints of the multitude of robberies, murders, ‘ravifhment of wo- men, and other diforders, which, they fay, were become numberlefs in every part of the kingdom, and which they always afcribe tothe proteétion that the criminals received from the great*, The king of Cyprus, who paid a vifit f Cotton, p.4xi & Ibid. p, 119, 128, 129, 130, 148, h yx Edw. Hil. cap, 14, 4 Edw. III, cap, 2, rg Edw. HI, CAPs he i-Cotton, Pp. 10, K Ibid. p. 51, 62,64, 79, 160 to rms 1 to England during this reign, was robbed and ftrippe the highway with his whole retinue !. ° Edward SR contributed to this diflolution of law, by his facility i granting pardons to felons from ‘the folicitation of the courtiers. Laws were made to retrench this prerog and remonftrances of the commons were prefented : the abufe of it": But to no — The — of a powerful nobleman continued ftill to be more im- portance than the protection of the people. st king alfo granted many franchifes, which interrupted the courfe of juftice and the execution of. the laws °. CoMMERCE and induftry were certainly at a very low ebb during this period. The bad ‘police of. the country alone ‘affords a fufficient reafon. The only exports were wool, {kins, , leather, butter, tin, lead, and fuch a ee tat ods, of fhich wool was by far the moft confiderable. Knyghton has afferted, that 100,000 facks of wool were annually exported, and fold at twenty pounds a fack, money of that age. Buthe is widely mif- taken both in the quantity exported and in:the value. In 1349, the parliament remonftrate, that the king, by an illegal impofition of forty fhillings on each fack exported, had levied 60,000 pounds a year? : Which reduces the annual exports to 30,000 facks. A fack contained twenty-fix ftone, and each ftone fourteen pounds ?; and at a medium was not valued at above five pounds a fack ', that is, fourteen or fifteen pounds of our prefent money. Knyghton’s computation raifes it to fixty pounds, which is near four times the prefent price of wool in England. According to this reduced computation, the export of wool brought into the kingdom about 450,000 pounds of our prefent money, inftead of fix millions, which is an extravagant fum. Even the former fum is fo high, as to 2, .27 Edw, HI.cap.2. P Ibid. p, 48, 696 7 afford 496 CHAP, HISTORY OF ENGLAND. afford a fufpision of fome miftake in the computation of Aw the parliament with regard to the number of facks ex- 43776 ported. Such miffakes were very ufual in thofe ages; Epwarp efideavoured to introduce and promote the woollen manufacture by giving proteétion and encourage- ment to foreign weavers *, and by enacting a law, pro- hibiting every one to wear any cloth but of Englith fabric'. The parliament -prohibited the exportation of woollen goods, which was not fo well judged, efpecially while the exportation of unwrought wool was fo much allowed and encouraged. A like injudicious law was made againft the exportation of manufaétured iron ". Ir appears from a record in the Exchequer, that in 1354 the exports of England amounted to 294,184 pounds feventeen fhillings and two-pence: ‘The imports to 38,970 pounds three fhillings and fix-pence money of that time. This is a great balance, confiderin g that it arofe chiefly from the exportation of woollen goods, or rather of raw wool and other rough materials. The import was chiefly linen and fine cloth, and fome wine. England feems to have been extremely drained at this time by Edward’s fo- reign expeditions and foreign fubfidies, which probably was the reafon, why the exports fo much exceed the imports. Tue firft toll we read of in Engl and, for mending the highways, was impofed in this reign: It was that for re- pairing the road between~St, Giles’s and Temple-Bar ». In the firft of Richard II. the parliament complains extremely of the decay of fhipping during. the preceding reign, and-aflert, that one {ea-poit formerly contained &i*s ? i P more vefiels than were then to be found in the whole kingdom. This calamity, they af I bi feizure of fhips by Edward, for the fer expeditions *. The parliament in the fiftl 8 rz Edw. HIN. cap. g. ~Rymer, vol: iv. p. 724. t x1 Edw, Il. cap. 2, u 28 Edw. ] E W Rymer, vol. vy, p. 520, * Cotton, p. ¥55, 164. EDWARD Ti: hew the fame complaint ¥, and w: 3 in the forty-fixth of Edw mon opinion, that this reion was favourable tc com *37 merce. THERE is an order of this and fheriffs of London, to take and upwards to be converted in ‘Tk _ "| 7 et | Prue parliament attempted t reducing the price of labour aft \ that of poultry*. A reaper, 1 US } was not allowed to take ab fix pence of our prefent money ; in the fecond week a third more. A maftet cary whole year to three pence a two pence, money of that age >. 5 re : 3 eee ” in the fame reign, the pay of a cornmon foidier, an ar- cher, was fix-pence a day ; ‘which, by the change} both in denomination arid value, would be equivalent to neat five fhillings of our prefent money‘. Soldiers. were then inlifted only for a very fhort time: They lived idle all the reft of the year, and commonly all the reft of their lives: One fuccefsful campaign, by pay and plunder; and the ranfom of prifoners, was fuppofed to be a fmall fortune toa man; which was a gteat allurement to enter inte the fervice 4, y Cap. 3. + z Rymer, vol, hem Bae: TH ‘ b oe * 37 Edw, III. cap. 3. © Duedale’s Baronage, vel i, p, 784, Brady’s hift,+vol. ii. Apps N°. g2. ~ ¢ Zhe pay of a the nun i by plunder, Edward's y for fizteen months fure fince Edward I, The allowance granted by Edward I Voz. Il. ‘Kk Murray, HISTORY OF ENGLAND, THE ope of wool, wool-fells % nee gti and lead; waa land e¢, Afterwards it was eats by aie to Gataind ts But Edward, who commonly deemed his prerogative above law, paid little reeard to thefe ftatutes; and when the parliament remonftrated with him on account of thefe acts of power, he plainly told them, that he would pro- ceed in that matter as he thought proper‘. It is not eafy to aflign the reafon of this great anxiety for fixing a ftaple ; unlefs perhaps it invited foreigners to a market, when they knew beforehand, that they fhould there meet with great choice of any partien r {pecies of commodity. This policy of inviting foreigners to Calais was carried fo far, a all Englifh merchants were prohibited by law from exporting any Englifh goods from the ftaple; which was in a manner the total abandoning of all foreign navi- gation, except that to Calais § A contrivance feemingly extraordinary. Ir was not till the middle of this centwry that the Eng- lifh beean to extend their navigation even to the Baltic*; nor till the middle of the fubfequent, that they failed to the Mediterranean :. Luxury was complained of in that age, as well as in others of more refinement; and attempts were made by patliament to reftrain it; particularly on the head of ap- parel, where furely it is the moft obvioufly innocent and inoffenfive. No man under a hundred a year was allowed to wear gold, filver, or filk in his clothes: Servants alto were prohibited from eating flefh meat, or fifh, above once aday*. By another law it was ordained, that no ham cafile, is one pound a week ; wharers Murray, then a prifoner in Notti the bifhop of St. Andrews, the pri allowed him by Edward I * 27 Edw. UY f Cotton, p. 217. & 27 Edw, III, cap. 7» Bh Anderfon, vol. i, p. tg1. i ld, p. #77. & 37 Edwi JIL, cap. 8, 9, 10, &e, mate of Scotland, had only fix-pence a day one one fhould be allowe d, either for dinner, or fupper. al ove C three difhes in each courfe, and not above two cou And it is likewife exprefsly declared, that /ou/ed meat i count as one of thefe difhes'. It was eaf te riddicil = f : ee f ” duch ridiculous laws muft prove ineffectual, and could never be e neat is to ecuted. THE ufe of the French language, in pleadi public deeds, was abolifhed - It may: is bado that the nation fhould { » long have worn th conqueft: But the king and nobility feem never to have become thoroughly I Enelifh, or to have forgot their French extraction, ti e ] et S wars with France gay them an an tipathy to that nation. . Yet fill, it was long before the ufe of the Englith tongue came into fafhion. The firft Englith paper which we meet with jn Rymer is in the ee 1386, during the reign of Richard II. ", There are Spa wnith Papers in that colleG@tion of more ancient date °: And the ufe of the Latin and French ftill con- tinued. WE may judge of the ignorance of this age in geogra- phy from a ftory told by Robert of Avebury. Pope Cle- ment VI. having, in 1344, created Lewis of Spain prince of rage: Iflands, me ning the Canaries, then ne wly difcovered ; the Englifh am ae iflador at Rome and his re- na tinue were feized with an alarm, that Lewis had been created king of England; and they immediately hurried home, in order to conv ey this important intelligence. Yet ae was the ardour for ftudy at this time,. that Speed is Chronicle informs us, there were then 30,000 ftudents in the univerfity of Oxford alone. What was the occu- pation of al] thefe young men? To learn very bad Latin and ftill worfe Logic. } y0 Edw. IH, m 36 Edw. III, cap, 15. ® Rymer, vol, vii. p. 526. This paper, by the flyle, fe eems to have been drawn by the Scots, and was figned by the wardens of the marches * Rymer, vol, vi, p- 554. F Kk 2 Ix ne pose y to foreiee that CHAP IN 1264 ine if; ie XVI. a Len ration of 7 ¥ eo 1 = Ya } - 137 feilead manors holdme different le: withot ntie to exercife the fame power, i come more populous P. ‘he com ion v 0 fc LI a greater relaxatio & domeftic tra -genius of that kind mixed governme nt, which was then eftablifhed in Eng land. he S, ee regal o the validity a1 authority of the great charter, were now over: The ki } was acknowl edged to lieunder fome limitations : Edward himfelf was a prince of creat capacity, not governed by favourites, ‘not led aftray by any unruly paffion, fenfible that nothing could be more effential to his interefts than to keep on good tefms with his peo; Yet on the whole it appears, that he roverninent, was only a bar- al Darous Monarc! rectfia 7 fixed inter or ; 143 ti bounded by an which in prac- tice were regular - conduéted him- felf by one fet-of principles ; the baron: by another; the commons bya third a fourth. All thefe fy vihems of ms or : vere Opp : Each of them preva in its turn, as incidents re fa= vourable to it: A oreat prince rendered the m f ~al power predomin to the arifto wmphant: The EV. DOW ASR DB SH or inftituted, and who chiefly deferve confideration, were the H A P, weakeift of the whole. Sut { s, little ob- noxious to any other order; though they funk under 1 violence of tempeits, filently reared their head in more peaceable times ; and while the ftorm was brewing, s, and thus received ftill fome S$, Or, at worft, fome confirma- has been an eftablifhed opinion, that gold coin was But there has lately been found r that it is as ancient as Henry III. 4 XVI. vd 1377s 5 4 q z + Se et nee Vi That M ADOX, in his Baronia Anglica, cap. the 3cth of Henry II. thi two bulls coft but eight pounds feven fhillings, money of that age; 5cO p, twenty-two pounds ten fhillings, or about ten pence three farthings per fheep ; fixty-fix oxen eighteen pounds three fhillings; fifteen breeding mares two pounds thre twelve fhilli s and fix pence; and twenty-two hogs, one pound two fhillings. Commodities feem then to have been out ten times cheaper; all except the fheep, probably on account of the value of the fleece. The fame author in his Formulare Anglicanum, p. 17. fays, That in the roth year of Richard ]. mention is made of ten per cent. paid for mo- But the Jews frequently exaéted much higher intereft. NOTE [BB], p. 253 => Y MER, vol. ii. p..216, 845. There cannot be the EX leat queftion, that the homage ufually paid by the kings of Scotland was not for their crown, but for fome other terri- tory. The only queftion remains, what that territory was? It was not always for the earldom of Huntingdon, nor the ho- nour of Penry becaufe we find it fometimes done at a time when thefe ; ons were not in the hands of the kings of Scotland. It is probable, that the homage was performed in general terms without any particular {pecification of territory; and this inaccuracy had proceeded either from fome difpute between the two kings about the territory and fome oppofite KE 4 claims, in o claims, which were compromifed by the general homage, or from the fimplicity of the age, which employed few words in every tranfaction. To prove this we need but look into the letter of king Richard, where he refigns the homage of Scot- land, referving'the ufual homage. His words are, Sepedidus W. Rex ligius homo uofler deveniat de omnibus terris de quibus an- teceffores fui antecefforum nofirorum ligit homenes fuerunt, et nobis atque heredibus nofiris fideletatem jurarunt, Rymer, vol. i. p. 65. Thefe general terms were probably copied from the ufual form of the homage itfelf. It is no proof that the kings of Scotland poffeffed no lands or baronies in England, becaufe we cannot find them in the imperfeé& hiftories and records of that age. For inftance, it clearly appears from another pafiage of this very letter of Ri- chard, that the Scottifh king held lands both in the county of Huntingdon and elfewhere in Enefand; though the earldom of Huntingdon itfelf was then in the perfon of his brother, David ; and we know at prefent of no other baronies, which 7 f i William held. It cannot be ex ed that we fhould now be able to fpecify all his fees which he either pofleffed or claimed in England; when it is probable that the two monarchs them- felves and their minifters would at that very time have differed in the litt: The Scottith king might poffefs fome to which his 1 right was difputed ; he might claim others, which he did not offefs: And neither of the two kinos was willing to refien his P 5 pretenfions by a particular enumeration, A late author of great induftry and learning, but full of prejudices, and of no penetration, Mr. Carte, has taken ad- vantage of the undefined terms of the Scotch homage, and has pretended thatit was done for Lothian and Galloway, that is, all the territories of the country now called Scotland, lying fouth of the Clyde and Forth, But to refute this pretenfion at once, we need only confider, that if thefe territories were held in fee of the Englith kings, there would, by the nature of the feudal law, as eftablithed in England, have been continual ap- peals from them to the courts of the lord Paramount ; contrary to all the hiftories and records of that age. We find, that, as foon-as Edward really eftablithed his fuperiority, appeals im» mediately commenced from all parts of Scotland; And that king, NOTES TO THE SECOND VOUUME. ‘Al 4 V king, in his writ to the kir nch, ceilary confequence of the feudal tenure. Such ries alfo would have fupplied a confiderable part of Englifh Englifh armies, which never could have efcaped Not to mention that there is not any inftance of a Scotch pri- foner of war being tried as a rebel, in the frequent hottilities between the kingdoms, where the Scottith armies were chief filled from the fouthern counties. { , i regard to Galloway, which com- *rin that of the weit counties of Scotland ; his no- ight a foundation, that it fcarcely its being refuted. . He will have it (and merely becapf io ill have it) that the Ee yielded by king Edmund mI. meant not only the county in E England of that thwards to the C -lyde. But the name, but all the territory p> , oO 5 fome more confider: cafe of Lothian deferves It is certain, that in very ancient language, Scotla only the country north of the friths of Clyde and Fc a parade of literature to prove it ; becaufe fhall not ma! not find that this point is difputed by the Scots themfelv rided into Galloway and Lothia and the latter comprehended all the fouth-eaft counties. rik The fouthern country territory was certainly a part of the ancient kingdom of Nor thumberland, and was entit se chs Saxons, who after- nes among them. It wards received a appears from all the § of Northumberland paid y pees obedience to the / Saxon monarchs, who governed after the diffolution -. he , that the whole k heptarchy ; and the northern and remote parts of it feem to TI I hy the have fallen into a kind of anarchy, fometimes pillaged by the i ravages upon other , lying ne tthew of Weftminfter, sate h he could not mz effectual, without beftowing on them } aera pence than they were wor th ' 4 oO NOTES TO THE SECOND VOLUME. provinces made by kings; and foambitious and active a princeas Edgar would never have given prefents of anyotherkind. The’ Matthew of Weftminiter’s authority may appear {mall with regard to fo remote a tranfaction ; yet we may admit it in this cafe, becaufe Ordericus Vitalis, a good authority, tells us, p- 701. that Malcolm acknowledged to William Rufus, that the Conqueror had confirmed to him the former grant of Lo- thian. Butit follows not, becaufe Edgar made this fpecies of grantto Kenneth, that therefore he exacted homage for that territory. Homage and all the rites of the feudal law were very little known among the Saxons; and we may alfo fup- pofe, that the claim of Edgar was fo antiquated and weak, that, in refigning it, he made no very valuable conceffion, and Kenneth might well refufe to hold, by {0 precarious a tenure, a territory, which he at prefent held by the fword. In fhort, no author fays, he did homage for it. The only colour indeed of authority for Mr. Carte’s notion is, that Matthew Paris, who wrote in the reign of Henry III. before Edward’s claim of fuperiority was heard of, fays that Alexander II[. did homage to Henry HI. pro Laudiano et aliis terris, See page 555- This word feems naturally to be interpreted Lothian, But in the firft place, Matthew Paris’s teftimony, though confiderable, will not outweigh that of all the other hiftorians, who fay that the Scotch homage was al- ways done for lands in. England. Secondly, if the Scotch homage was done in general terms (as has been already proved) it is no wonder that hiftorians fhould differ in their account of the objeé& of it, fince, it is probable, the parties themfelves were not fully agreed: . Thirdly, there is reafon to think that Laudianum in Matthew Paris does not mean Lothian in Scot- land. There appears to have been a territory, which anci- ently bore that ora fimilar name, in the north of England, For (1) The Saxon Chronicle, p. 197, fays, that Malcolm Kenmure met William Rufus in Lodene in England. (2) It is agreed by all hiftorians, that Henry il. only reconquered from Scotland the northern counties of Northumberland, Cum- berland, and Weftmorland. See Newbriggs, p. 383. Wykes, p- 30. Hemingford, p. 4gz. Yet the fame country is called by other hifiorians Loidis, comitatus Lodonenfis, or fome fuch 2 e NOTES TO FHE SECOND VOLUME. ee) fuch name. See M Paris, p-68. M. Weft. p. Waverl. p. 159. and Diceto, ed author, when he {peaks Loheneis, p. 574- though h { thought this long note neceffary in ke, an author whofe di n light to many paffz the ecotch —. Wun — nd ae tse =a ‘y R YMER, vol. il. p. 5472. Itis remarkable that the Eng- ] cellor fpoke to arliament in the D Dp I r€ This was alfo the langua; commonly made arties On that occafion. Ibid. paffiim. Some of the n oit confiderable among the Scotch, as well as almoft all the Englifh barons, were of French origin ; they valued themfelves upon it; and pretended to defpife the language and manners of the ifland. It is difficult to account for the fettlement of fo many French families in Scotland, the Bruces, Baliols, St, Clairs, Montoomeries, Somervilles, Gordons, Frafers, Cummins, Colvi es, Umfrevilles, Mowbrays, Hays, ported there, as in England, by the power of the fword. But the fuperiority of the fmalleft Maules, who were not fi civility and knowledge over total ignorance and barbarifm, is prodigious, NOTE [Dj], p. 259. SEP Rymer, vol. ii. p. 533, where Edward writes to the King’s Bench to receive appeals from Scotland. He knew the practice to be new and unufual ; yet he eftablifhes it as an infallible confequence of his fuperiority. We learn alfo from the fame colieftion, p. 603, that immediately upon receiving the homage, he changed the fiyle of his addrefs to the Scotch king, heGo & fi whom he now calls dile4o & fideli, inftead of fratri di_ Zi, the appellation which he had always before ufed ’ PP ; to him; fee p. 109, 124, 168, 280, 1064. ‘This is a certain proof, that he himfelf was not deceived, as was fcarcely in- deed poflible, but that he was confcious of his ufurpation. Yet he folemnly {wore afterwards to the juftice of his preten- fions, when he defended them before pope Boniface. WV oO - Q NOTES TO THE SECOND VOLUME, NOTE, [E];-po2 ‘TT HROUGHOUT the reign of Edw. I. the affent of the commons is not once exprefled in any of the enacting claufes; nor in the reigns enfuing, till the 9 Edw. MJ. nor in any of the enacting claufes of 16 Rich. II. Nay even fo low as Hen. VI. from the beatunthe till the Sth of his reign, the affent of the commons is not once expreffed in any enacting eae See preface to Ruffhead s edit. of the Statutes, p.7. If fhould be afferted, that the commons had really given their aflent to thefe flatutes, though they are not exprefsly mention- ed; thisvery omiflion, proceeding, if you will, from carelefinefs, is a proof how little they were relpebied, The commons were fo little accuftomed to tran{aét public bufinefs, that they had no fpeaker, till after the parliament 6th Edw. IH. See Prynne’s preface to Cotton’s abridg. Not till the firft of Ri- chard lI. in the opinion of moft antiquaries. "The commons were very unwilling to meddle in any ftate affairs, and com= 1 a fe- monly either'r ferred themfelves to the lords, or defirec le& committee of that houfe to affift them, as rs from Cotton. > 5H. TH. n.5 5.15 BE. Il. n. 175 21 E. AIL ne 55 _ EB. 8056 BO si8s tae , 4 ae ear R.I.n. 14; 2 parl. OR. In. 145 parl, 5 WT w: he feudal go- i g & every order of the ftate fhould give their ch more immediately concerned them; as the notion of a political fyftem was not then fo well un- ftood, the other orders of the fate were often not confulted on thefe occafions. In this reign, even the merchants, though ic bedy, granted the king impofitions on merchandize, he frit payments came out of their pockets. They ne in the reign of Edward ITI. but the commons had t the people paid thefe duties, though the merchants advanced them; and they therefore remonftrated againft this practice. Cotton’s abridg. p. 39. The taxes im- pofed by the nin on the counties were always high 1 thofe which t e burgeffes Ia aid on the boroughs; @ prefump- tion, ter than a ee NOTES TO THE SECON tion, that in votine not form the fame h oul Weit’s enquiry into the manner of creating peers, p. 8. But there are { or tc € are i . c = . “ ioie two orders of reprefentatives were lc ng fe- » Mr. Car onfulted the rolls of parliament, affirms, that it is liefs to infil on th they ne appear to have been united all the 16th of Edward lil. See Hift. vol. ii. p. 461. union was not even then x c 7 : Oe ee ee them} s, and voted a tax after the knights were ' difmified. ytrel, Hitt vol, iii. p- 734. from Rot. Clauf. 46 Edw. ME neg. In: See I they were the knights alone, who pafied a vote for the removal of J from the king’s perfon, if we may credit Walfing There is an inftance of a like kind in the reign of Richard If. Cotton, P- 193. The different taxes voted by thofe two branches of the lower houfe, kept em naturally feparate: But as their petitions had moft an he { eee ary ha vediele nt = a ay y the iame object, viz. the redreis oF grievances, ana juftice both againft the crown and the and was the rea- ch of bus of more ancient d petiti } 1 . Pa nace be apove the cap a fore, acted ay bert cl 8, began Sevetas were Af + Or ti Excheatier: p. 2 2xcnequer, p. 37. THE chief arcument from ancient authority, for th = chief arg i nion that the reprefentatives of boroughs precedec n oF the bo- PORN ERE S See . forty-ninth of H Ce }} rough of St Albans 3 LP + ¢ - ae ys S10 NOTES TO THE SECOND VOLUME, Petyt, Brady, T'yrrel, and others. In this petition, prefent- ed to the parliament in the reign of Edward IL. the town of St. Albans afferts, that though they held iz capite of the crowns and owed only, for all other fervices, their attendance in par- liament, yet the theriff had omitted them in his writs; where- as both in the reign of the king’s father, and all his prede- ceflors, they had always fent members, Now, fay the defenders of this opinion, if the commencement of the houfe of commons was in Henry III’s reign, this expreflion could not have been ufed. But Madox, in his Hiftory of the Exchequer, p. 522, §23, 524, has endeavoured, and with great reafon, to deftroy the authority of this petition for the purpofe alleged. He afferts, firlt, that there was no fuch tenure in England as that of holding by attendance in parliament, inftead of all other fervice, Secondly, That the borough of St. Albans never held of the crown at all, but was always demefne land of the abbot, It is no wonder, therefore, that a petition which ad- vances two falfehcods, fhould contain one hiftorical miftake, which indeed amounts only to an inaccurate and exaggerated expreflion ; no ftrange matter in ignorant Burgeffes of that age. Accordingly St. Albans continued ftill to belong to the abbot. It never held of the crown, till after the diffolution of the monafteries. But the affurance of thefe petitioners is remarkable, They wanted to thake of the authority of their abbot, and to hold of the king ; but were unwilling to pay any fervices even to the crown: Upon which they framed this idle petition, which Jater writers have made the foundation of fo many inferences and conclufions, From the tenor of the petition it appears, that there was a clofe connection between holding of the crown, and being reprefented in parliament: The latter had fearcely ever place without the former: Yet we learn from Tyrre!’s Append. vol. iv. that there were fome inftances to the contrary. It is not improbable, that Edward followed the roll of the earl of Leicefter, who had fummoned, without diftinétion,. all the confiderable boroughs of the king- dom ; among whom there might be fome few which did not: hold of the crown, Edward alfo found it neceffary to impofe taxes on all the boroughs in the kingdom without diftin@ion. This was a good expedient for augmenting his revenue, We are NOTES TO THE SECOND VOLUME. are not to imagine, becaufe the houfe of commons have fince become of great impor nce, that the firft fummoning of them would form any remarkable and ftriki ing epoch, and be gene- ally known to the people even feventy or ity years after, So ignorant were the generality of men in that age, that coun- try burgeffes would readily imagine an innovation, feemingly fo little material, to have exifted from time immemorial, be- caufe it was beyond their own memory, and perhaps that of their fathers. Even t parliament in the reign of Henry \ fay, that Ireland h b » from the beginning of time, been fubject to the crown of a nd. (See Brady.) thing interefts the pe id furely, if any ve all others, it is war and con- quefts, with their dates and circumflances. NOTE [H]s-p. 443. f : ‘HIS flory-of the fix burgeffes of Calais, like all other extraordinary mesa is fomewhat to be fufpeéted ; and Pp in ng of it ; and on ee cont cenerofity and -s of Froif- or love of 1 lenity to the fard, procee the marvellou even though he was dedicated to queer carefully perufed hi but the queen could than Durham, and 1s Near this iatt them and took king prifoner. It is imagine, that the patrons of dedications read lefs vouch for all the c timony, that fhould 10< nourable for Edward, Na- nity, in allowing a fre ny and infirm Red: le, at tl fearcely to be belive: he feri rmeant to exe NOTES TO THE SECOND VOLUME NOTE fI], p. 448: I *G HERE was a fingular inftance about this time of thé prevalence of chivalry and gallantry in the nations of Europe. A folemn duel of thirty knic fought between Bembrough, an Englith g a Breton, of the party of Charles of Blois. The knizhts of d; and nef hts againft thirty was an, and Beaumonoir, the two nations came into the began After a bloody combat fhe Bre: ize, full liberty to boaft tons prevailed ; and gained for their ] of their miftreffes beauty. ry j a: famous generals as Sir R 7 nd ihe women not onl rname tourname but alfo frequented the tou the r sn of Edward, whofe fpirit 2; practice, See Knyghton, P2597. NOTE [K], p. 460. ry HI e is a pepo fum, and os i of what the king received fi he whole sei of ye reign, tenth and fifteenth (which was j were, in the eighth year of his reign, pounds: ‘There were faid to be near 303000 { ported every year: te fack of wool was : five pounds. Upon thefe fuppofitions it would be eafy to compute all the parliamentary grants, ae the lift as tl ftand in Tyrrel, vol. iii. p. 780: Though ae ee eo, “Phigil king levied more money from his than any of his predeceflors; and the parli quently complain of the poverty of the-p ler which they | laboured. 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