Part 12

The reign which began with this unwonted quietness was perhaps the most important epoch of all English medieval history in the way of the definition and settlement of the constitution. Edward I. was a remarkable figure, by far the ablest of all the kings of the house of Plantagenet. He understood the problem that was before him, the construction of a working constitution from the old ancestral customs of the English monarchy plus the newer ideas that had been embodied in the Great Charter, the Provisions of Oxford, and the scanty legislation of Simon de Montfort. Edward loved royal power, but he was wise in his generation, and saw that he could best secure the loyalty of his subjects by assenting to so many of the new constitutional restraints as were compatible with his own practical control of the policy of the realm. He was prepared to refer all important matters to his parliament, and (as we shall see) he improved the shape of that body by reintroducing into it the borough members who had appeared for the first time in Montfort's assembly of 1265. He would have liked to make parliament, no doubt, a mere meeting for the voting of taxation with the smallest possible friction. But he fully realized that this dream was impossible, and was wise enough to give way, whenever opposition grew too strong and bitter. He had not fought through the civil wars of 1263-66 without learning his lesson. There was a point beyond which it was unwise to provoke the baronage or the commons, and, unlike his flighty and thriftless father, he knew where that point came. The constitutional quarrels of his reign were conducted with decency and order, because the king knew his own limitations, and because his subjects trusted to his wisdom and moderation in times of crisis. Edward indeed was a man worthy of respect, if not of affection. His private life was grave and seemly, his court did not sin by luxury or extravagance. His chosen ministers were wise and experienced officials, whom no man could call favourites or accuse of maladministration. He was sincerely religious, self-restrained and courteous, though occasionally, under provocation, he could burst out into a royal rage. He was a good master and a firm friend. Moreover, he had a genuine regard for the sanctity of a promise, the one thing in which his father had been most wanting. It is true that sometimes he kept his oaths or carried out his pledges with the literal punctuality of a lawyer, rather than with the chivalrous generosity of a knight. But at any rate he always endeavoured to discharge an obligation, even if he sometimes interpreted it by the strict letter of the law and not with liberality. A conscientious man according to his lights, he took as his device the motto _Pactum serva_, "keep troth," which was afterwards inscribed on his tomb, and did his best to live up to it. Naturally he expected the same accuracy from other men, and when he did not meet it he could be harsh and unrelenting in the punishment that he inflicted. To sum up his character it must be added that he was a very great soldier. The headlong courage which he showed at Lewes, his first battle, was soon tempered by caution, and already in 1265 he had shown that he could plan a campaign with skill. In his later military career he was the first general who showed on a large scale how the national English weapon, the bow, could win fights when properly combined with the charge of the mailed cavalry. He inaugurated the tactics by which his grandson and great-grandson were to win epoch-making victories abroad.

Edward's reign lasted for thirty-five years, and was equally important in constitutional development and in imperial policy. The first period of it, 1272-1290, may be defined as mainly notable for his great series of legislative enactments and his conquest of Wales. The second, 1290-1307, contains his long and ultimately unsuccessful attempt to incorporate Scotland into his realm, and his quarrels with his parliament.

Constitutional changes. Statutes of Westminster and Gloucester.

The changes made by Edward in constitutional law by his great series of statutes commenced very soon after his return to his kingdom in 1274. We may trace in all of them the same purpose of strengthening the power of the crown by judicious and orderly definition of its privileges. The great enactments start with the First Statute of Westminster (1275), a measure directed to the improvement of administrative details, which was accompanied by a grant to the king of a permanent customs-revenue on imports and exports, which soon became more valuable to the royal exchequer than the old feudal taxes on land. In 1278 followed the Statute of Gloucester, an act empowering the king to make inquiry as to the right by which old royal estates, or exceptional franchises which infringed on the royal prerogative of justice or taxation, had passed into the hands of their present owners. This inquest was made by the writ _Quo Warranto_, by which each landholder was invited to show the charter or warrant in which his claims rested. The baronage were angry and suspicious, for many of their customary rights rested on immemorial and unchartered antiquity, while others were usurpations from the weakness of John or Henry III. They showed signs of an intention to make open resistance; but to their surprise the king contented himself with making complete lists of all franchises then existing, and did no more; this being his method of preventing the growth of any further trespasses on his prerogative.

Statute of Mortmain.

Edward's next move was against clerical encroachments. In 1279 he compelled Archbishop Peckham to withdraw some legislation made in a synod called without the royal permission--a breach of one of the three great canons of William the Conqueror. Then he took the offensive himself, by persuading his parliament to pass the Statute of Mortmain (de religiosis). This was an act to prevent the further accumulation of landed property in the "dead hand" of religious persons and communities. The more land the church acquired, the less feudal taxation came into the royal exchequer. For undying corporations paid the king neither "reliefs" (death duties) nor fees on wardship and marriage, and their property would never escheat to the crown for want of an heir. The Statute of Mortmain forbade any man to alienate land to the church without royal licence. It was very acceptable to the baronage, who had suffered, on a smaller scale, the same grievance as the king, for when their subtenants transferred estates to the church, they (like their masters) suffered a permanent loss of feudal revenue. A distinct check in the hitherto steady growth of clerical endowments began from this time, though licences in mortmain were by no means impossible to obtain.

Second Statute of Westminster.

The great group of statutes that date from Edward's earlier years ends with the legislative enactments of 1285, the Second Statute of Westminster and the Statute of Winchester. The former contains the clause _De Donis Conditionalibus_, a notable landmark in the history of English law, since it favoured the system of entailing estates. Hitherto life-owners of land, holding as subtenants, had possessed large powers of alienating it, to the detriment of their superior lords, who would otherwise have recovered it, when their vassals died heirless, as an "escheat." This custom was primarily harmful to the king--the greatest territorial magnate and the one most prone to distribute rewards in land to his servants. But it was also prejudicial to all tenants-in-chief. By _De Donis_ the tenant for life was prevented from selling his estate, which could only pass to his lawful heir; if he had none, it fell back to his feudal superior. Five years later this legislation was supplemented by the statute _Quia Emptores_, equally beneficial to king and barons, which provided that subtenants should not be allowed to make over land to other persons, retaining the nominal possession and feudal rights over it, but should be compelled to sell it out and out, so that their successor in title stood to the overlord exactly as the seller had done. Hitherto they had been wont to dispose of the whole or parts of their estates while maintaining their feudal rights over it, so that the ultimate landlord could not deal directly with the new occupant, whose reliefs, wardship, &c., fell to the intermediate holder who had sold away the land. The main result of this was that, when a baron parted with any one of his estates, the acquirer became a tenant-in-chief directly dependent on the king, instead of being left a vassal of the person who had passed over the land to him. Subinfeudation came to a complete stop, and whenever great family estates broke up the king obtained new tenants-in-chief. The number of persons holding immediately of the crown began at once to multiply by leaps and bounds. As the process of the partition of lands continued, the fractions grew smaller and smaller, and many of the tenants-in-chief were ere long very small and unimportant persons. These, of course, would not form part of the baronial interest, and could not be distinguished from any other subjects of the crown.

Statute of Winchester.

The Statute of Winchester, the other great legislative act of 1285, was mainly concerned with the keeping of the peace of the realm. It revised the arming and organization of the national militia, the lineal descendent of the old _fyrd_, and provided a useful police force for the repression of disorder and robbery by the reorganization of _watch and ward_. This was, of course, one more device for strengthening the power of the crown.

Welsh wars.

In the intervals of the legislation which formed the main feature of the first half of his reign, Edward was often distracted by external matters. He was, on the whole, on very good terms with his first cousin, Philip III. of France; the trouble did not come from this direction, though there was the usual crop of feudal rebellions in Gascony. Nor did Edward's relations with the more remote states of the continent lead to any important results, though he had many treaties and alliances in hand. It was with Wales that his most troublesome relations occurred. Llewelyn-ap-Gruffydd, the old ally of de Montfort, had come with profit out of the civil wars of 1263-66, and having won much land and more influence during the evil days of Henry III., was reluctant to see that his time of prosperity had come to an end, now that a king of a very different character sat on the English throne.

Conquest of Wales.

Friction had begun the moment that Edward returned to his kingdom from the crusade. Llewelyn would not deign to appear before him to render the customary homage due from Wales to the English crown, but sent a series of futile excuses lasting over three years. In 1277, however, the king grew tired of waiting, invaded the principality and drove his recalcitrant vassal up into the fastnesses of Snowdon, where famine compelled him to surrender as winter was beginning. Llewelyn was pardoned, but deprived of all the lands he had gained during the days of the civil war, and restricted to his old North Welsh dominions. He remained quiescent for five years, but busied himself in knitting up secret alliances with the Welsh of the South, who were resenting the introduction of English laws and customs by the strong-handed king. In 1282 there was a sudden and well-planned rising, which extended from the gates of Chester to those of Carmarthen; several castles were captured by the insurgents, and Edward had to come to the rescue of the lords-marchers at the head of a very large army. After much checkered fighting Llewelyn was slain at the skirmish of Orewyn Bridge near Builth on the 11th of December 1282. On his death the southern rebels submitted, but David his brother continued the struggle for three months longer in the Snowdon district, till his last bands were scattered and he himself taken prisoner. Edward beheaded him at Shrewsbury as a traitor, having the excuse that David had submitted once before, had been endowed with lands in the Marches, and had nevertheless joined his brother in rebellion. After this the king abode for more than a year in Wales, organizing the newly conquered principality into a group of counties, and founding many castles, with dependent towns, within its limits. The "statute of Wales," issued at Rhuddlan in 1284, provided for the introduction of English law into the country, though a certain amount of Celtic customs was allowed to survive. For the next two centuries and a half the lands west of Dee and Wye were divided between the new counties, forming the "principality" of Wales, and the "marches" where the old feudal franchises continued, till the marcher-lordships gradually fell by forfeiture or marriage to the crown. Edward's grip on the land was strong, and it had need to be so, for in 1287 and 1294-1295 there were desperate and widespread revolts, which were only checked by the existence of the new castles, and subdued by the concentration of large royal armies. In 1301 the king's eldest surviving son Edward, who had been born at Carnarvon in 1284, was created "prince of Wales," and invested with the principality, which henceforth became the regular appanage of the heirs of the English crown. This device was apparently intended to soothe Welsh national pride, by reviving in form, if not in reality, the separate existence of the old Cymric state. For four generations the land was comparatively quiet, but the great rebellion of Owen Glendower in the reign of Henry IV. was to show how far the spirit of particularism was from extinction.

Expulsion of the Jews.

Some two years after his long sojourn in Wales Edward made an even longer stay in a more remote corner of his dominions. Gascony being, as usual, out of hand, he crossed to Bordeaux in 1286, and abode in Guienne for no less than three years, reducing the duchy to such order as it had never known before, settling all disputed border questions with the new king of France, Philip IV., founding many new towns, and issuing many useful statutes and ordinances. He returned suddenly in 1289, called home by complaints that reached him as to the administration of justice by his officials, who were slighting the authority of his cousin Edmund of Cornwall, whom he had left behind as regent. He dismissed almost the whole bench of judges, and made other changes among his ministers. At the same time he fell fiercely upon the great lords of the Welsh Marches, who had been indulging in private wars; when they returned to their evil practice he imprisoned the chief offenders, the earls of Hereford and Gloucester, forfeited their estates, and only gave them back when they had paid vast fines (1291). Another act of this period was Edward's celebrated expulsion of the Jews from England (1290). This was the continuation of a policy which he had already carried out in Guienne. It would seem that his reasons were partly religious, but partly economic. No earlier king could have afforded to drive forth a race who had been so useful to the crown as bankers and money-lenders; but by the end of the 13th century the financial monopoly of the Jews had been broken by the great Italian banking firms, whom Edward had been already employing during his Welsh wars. Finding them no less accommodating than their rivals, he gratified the prejudices of his subjects and himself by forcing the Hebrews to quit England. The Italians in a few years became as unpopular as their predecessors in the trade of usury, their practices being the same, if their creed was not.

Edward I. and Scotland.

Meanwhile in the same year that saw the expulsion of the Jews, King Edward's good fortune began to wane, with the rise of the Scottish question, which was to overshadow the latter half of his reign. Alexander III., the last male in direct descent of the old Scottish royal house, had died in 1286. His heiress was his only living descendant, a little girl, the child of his deceased daughter Margaret and Eric, king of Norway. After much discussion, for both the Scottish nobles and the Norse king were somewhat suspicious, Edward had succeeded in obtaining from them a promise that the young queen should marry his heir, Edward of Carnarvon. This wedlock would have led to a permanent union of the English and Scottish crowns, but not to an absorption of the lesser in the greater state, for the rights of Scotland were carefully guarded in the marriage-treaty. But the scheme was wrecked by the premature death of the bride, who expired by the way, while being brought over from Norway to her own kingdom, owing to privations and fatigue suffered on a tempestuous voyage.

She had no near relatives, and more than a dozen Scottish or Anglo-Scottish nobles, distantly related to the royal line, put in a claim to the crown, or at least to a part of the royal heritage. The board of six regents, who had been ruling Scotland for the young queen, seeing their own power at an end and civil war likely to break out, begged Edward of England to arbitrate between the claimants. The history of the next twenty years turned on the legal point whether the arbitrator acted--as he himself contended--in the capacity of suzerain, or--as the Scots maintained--in that of a neighbour of acknowledged wisdom and repute, invited to settle a domestic problem. This question of the relations between the English and the Scottish crowns had been raised a dozen times between the days of Edward the Elder and those of Henry III. There was no denying the fact that the northern kings had repeatedly done homage to their greater neighbours. But, save during the years when William the Lion, after his captivity, had owned himself the vassal of Henry II. for all his dominions, there was considerable uncertainty as to the exact scope of the allegiance which had been demanded and given. And William's complete submission had apparently been cancelled, when Richard I. sold him in 1190 a release from the terms of the treaty of Falaise. Since that date Alexander II. and Alexander III. had repeatedly owned themselves vassals to the English crown, and had even sat in English parliaments. But it was possible for patriotic Scots to contend that they had done so only in their capacity as English barons--for they held much land south of Tweed--and to point to the similarity of their position to that of the English king when he did homage for his duchy of Guienne at Paris, without thereby admitting any suzerainty of the French crown over England or Ireland. On the last occasion when Alexander III. had owned himself the vassal of Edward I., there had been considerable fencing on both sides as to the form of the oath, and, as neither sovereign at the moment had wished to push matters to a rupture, the words used had been intentionally vague, and both parties had kept their private interpretations to themselves. But now, when Edward met the Scottish magnates, who had asked for his services as arbitrator, he demanded that they should acknowledge that he was acting as suzerain and overlord of the whole kingdom of Scotland. After some delay, and with manifest reluctance, the Scots complied; their hand was forced by the fact that most of the claimants to the crown had hastened to make the acknowledgment, each hoping thereby to prejudice the English king in his own favour.

This submission having been made, Edward acted with honesty and fairness, handing over the adjudication to a body of eighty Scottish and twenty-four English barons, knights and bishops. These commissioners, after ample discussion and taking of evidence, adjudged the crown to John Baliol, the grandson of the eldest daughter of Earl David, younger brother of William the Lion. They ruled out the claim of Robert Bruce, the son of David's second daughter, who had raised the plea that his descent was superior because he was a generation nearer than Baliol to their common ancestor. This theory of affinity had been well known in the 12th century, and had been urged in favour of King John when he was contending with his nephew Arthur. But by 1291 it had gone out of favour, and the Scottish barons had no hesitation in declaring Baliol their rightful king. Edward at once gave him seizin of Scotland, and handed over to him the royal castles, which had been placed in his hands as a pledge during the arbitration. In return Baliol did him homage as overlord of the whole kingdom of Scotland.

This, unfortunately, turned out to be the beginning, not the end, of troubles. Edward was determined to exact all the ordinary feudal rights of an overlord--whatever might have been the former relations of the English and Scottish crowns. The Scots, on the other hand, were resolved not to allow of the introduction of usages which had not prevailed in earlier times, and to keep the tie as vague and loose as possible. Before Baliol had been many months on the throne there was grave friction on the question of legal appeals. Scottish litigants defeated in the local courts began to appeal to the courts of Westminster, just as Gascon litigants were wont to appeal from Bordeaux to Paris. King John and his baronage, relying on the fact that such evocation of cases to a superior court had never before been known, refused to allow that it was valid. King Edward insisted that by common feudal usage it was perfectly regular, and announced his intention of permitting it. Grave friction had already begun when external events precipitated an open rupture between the king of England and his new vassal.

Edward I. and Philip IV.

The "model parliament" of 1295.