[Sidenote: Government of the Barons]

A royal proclamation in the English tongue, the first in that tongue since the Conquest which has reached us, ordered the observance of these Provisions. The king was in fact helpless, and resistance came only from the foreign favourites, who refused to surrender the castles and honours which had been granted to them. But the Twenty-four were resolute in their action; and an armed demonstration of the barons drove the foreigners in flight over sea. The whole royal power was now in fact in the hands of the committees appointed by the Great Council. But the measures of the barons showed little of the wisdom and energy which the country had hoped for. In October 1259 the knighthood complained that the barons had done nothing but seek their own advantage in the recent changes. This protest produced the Provisions of Westminster, which gave protection to tenants against their feudal lords, regulated legal procedure in the feudal courts, appointed four knights in each shire to watch the justice of the sheriffs, and made other temporary enactments for the furtherance of justice. But these Provisions brought little fruit, and a tendency to mere feudal privilege showed itself in an exemption of all nobles and prelates from attendance at the Sheriff's courts. Their foreign policy was more vigorous and successful. All further payment to Rome, whether secular or ecclesiastical, was prohibited, formal notice was given to the Pope of England's withdrawal from the Sicilian enterprise, peace put an end to the incursions of the Welsh, and negotiations on the footing of a formal abandonment of the king's claim to Normandy, Anjou, Maine, Touraine, and Poitou ended in October 1259 in a peace with France.

[Sidenote: Simon and the Baronage]

This peace, the triumph of that English policy which had been struggling ever since the days of Hubert de Burgh with the Continental policy of Henry and his foreign advisers, was the work of the Earl of Leicester. The revolution had doubtless been mainly Simon's doing. In the summer of 1258, while the great change was going on, a thunderstorm drove the king as he passed along the river to the house of the Bishop of Durham where the Earl was then sojourning. Simon bade Henry take shelter with him and have no fear of the storm. The king refused with petulant wit. "If I fear the thunder, I fear you, Sir Earl, more than all the thunder in the world." But Simon had probably small faith in the cumbrous system of government which the Barons devised, and it was with reluctance that he was brought to swear to the Provisions of Oxford which embodied it. With their home government he had little to do, for from the autumn of 1258 to that of 1259 he was chiefly busied in negotiation in France. But already his breach with Gloucester and the bulk of his fellow councillors was marked. In the Lent Parliament of 1259 he had reproached them, and Gloucester above all, with faithlessness to their trust. "The things we are treating of," he cried, "we have sworn to carry out. With such feeble and faithless men I care not to have ought to do!" The peace with France was hardly signed when his distrust of his colleagues was verified. Henry's withdrawal to the French court at the close of the year for the formal signature of the treaty was the signal for a reactionary movement. From France the king forbade the summoning of a Lent Parliament in 1260 and announced his resumption of the enterprise against Sicily. Both acts were distinct breaches of the Provisions of Oxford, but Henry trusted to the divisions of the Twenty-four. Gloucester was in open feud with Leicester; the Justiciar, Hugh Bigod, resigned his office in the spring; and both of these leaders drew cautiously to the king. Roger Mortimer and the Earls of Hereford and Norfolk more openly espoused the royal cause, and in February 1260 Henry had gained confidence enough to announce that as the barons had failed to keep their part of the Provisions he should not keep his.

[Sidenote: The Counter Revolution]

Earl Simon almost alone remained unshaken. But his growing influence was seen in the appointment of his supporter, Hugh Despenser, as Justiciar in Bigod's place, while his strength was doubled by the accession of the King's son Edward to his side. In the moment of the revolution Edward had vehemently supported the party of the foreigners. But he had sworn to observe the Provisions, and the fidelity to his pledge which remained throughout his life the chief note of his temper at once showed itself. Like Simon he protested against the faithlessness of the barons in the carrying out of their reforms, and it was his strenuous support of the petition of the knighthood that brought about the additional Provisions of 1259. He had been brought up with Earl Simon's sons, and with the Earl himself his relations remained friendly even at the later time of their fatal hostilities. But as yet he seems to have had no distrust of Simon's purposes or policy. His adhesion to the Earl recalled Henry from France; and the king was at once joined by Gloucester in London while Edward and Simon remained without the walls. But the love of father and son proved too strong to bear political severance, and Edward's reconciliation foiled the Earl's plans. He withdrew to the Welsh border, where fresh troubles were breaking out, while Henry prepared to deal his final blow at the government which, tottering as it was, still held him in check. Rome had resented the measures which had put an end to her extortions, and it was to Rome that Henry looked for a formal absolution from his oath to observe the Provisions. In June 1261 he produced a Bull annulling the Provisions and freeing him from his oath in a Parliament at Winchester. The suddenness of the blow forbade open protest and Henry quickly followed up his victory. Hugh Bigod, who had surrendered the Tower and Dover in the spring, surrendered the other castles he held in the autumn. Hugh Despenser was deposed from the Justiciarship and a royalist, Philip Basset, appointed in his place.

[Sidenote: Simon's rising]

The news of this counter-revolution reunited for a moment the barons. Gloucester joined Earl Simon in calling an autumn Parliament at St. Alban's, and in summoning to it three knights from every shire south of Trent. But the union was a brief one. Gloucester consented to refer the quarrel with the king to arbitration and the Earl of Leicester withdrew in August to France. He saw that for the while there was no means of withstanding Henry, even in his open defiance of the Provisions. Foreign soldiers were brought into the land; the king won back again the appointment of sheriffs. For eighteen months of this new rule Simon could do nothing but wait. But his long absence lulled the old jealousies against him. The confusion of the realm and a fresh outbreak of troubles in Wales renewed the disgust at Henry's government, while his unswerving faithfulness to the Provisions fixed the eyes of all Englishmen upon the Earl as their natural leader. The death of Gloucester in the summer of 1262 removed the one barrier to action; and in the spring of 1263 Simon landed again in England as the unquestioned head of the baronial party. What immediately forced him to action was a march of Edward with a body of foreign troops against Llewelyn, who was probably by this time in communication if not in actual alliance with the Earl. The chief opponents of Llewelyn among the Marcher Lords were ardent supporters of Henry's misgovernment, and when a common hostility drew the Prince and Earl together, the constitutional position of Llewelyn as an English noble gave formal justification for co-operation with him. At Whitsuntide the barons met Simon at Oxford and finally summoned Henry to observe the Provisions. His refusal was met by an appeal to arms. Throughout the country the younger nobles flocked to Simon's standard, and the young Earl of Gloucester, Gilbert of Clare, became his warmest supporter. His rapid movements foiled all opposition. While Henry vainly strove to raise money and men, Simon swept the Welsh border, marched through Reading on Dover, and finally appeared before London.

[Sidenote: Mise of Amiens]

The Earl's triumph was complete. Edward after a brief attempt at resistance was forced to surrender Windsor and disband his foreign troops. The rising of London in the cause of the barons left Henry helpless. But at the moment of triumph the Earl saw himself anew forsaken. The bulk of the nobles again drew towards the king; only six of the twelve barons who had formed the patriot half of the committee of 1258, only four of the twelve representatives of the community at that date, were now with the Earl. The dread too of civil war gave strength to the cry for a compromise, and at the end of the year it was agreed that the strife should be left to the arbitration of the French king, Lewis the Ninth. But saint and just ruler as he was, the royal power was in the conception of Lewis a divine thing, which no human power could limit or fetter, and his decision, which was given in January 1264, annulled the whole of the Provisions. Only the Charters granted before the Provisions were to be observed. The appointment and removal of all officers of state was to be wholly with the king, and he was suffered to call aliens to his councils if he would. The Mise of Amiens was at once confirmed by the Pope, and, crushing blow as it was, the barons felt themselves bound by the award. It was only the exclusion of aliens—a point which they had not purposed to submit to arbitration—which they refused to concede. Luckily Henry was as inflexible on this point as on the rest, and the mutual distrust prevented any real accommodation.

[Sidenote: Battle of Lewes]

But Henry had to reckon on more than the baronage. Deserted as he was by the greater nobles, Simon was far from standing alone. Throughout the recent struggle the new city governments of the craft-gilds, which were known by the name of "Communes," had shown an enthusiastic devotion to his cause. The queen was stopped in her attempt to escape from the Tower by an angry mob, who drove her back with stones and foul words. When Henry attempted to surprise Leicester in his quarters at Southwark, the Londoners burst the gates which had been locked by the richer burghers against him, and rescued him by a welcome into the city. The clergy and the universities went in sympathy with the towns, and in spite of the taunts of the royalists, who accused him of seeking allies against the nobility in the common people, the popular enthusiasm gave a strength to the Earl which sustained him even in this darkest hour of the struggle. He at once resolved on resistance. The French award had luckily reserved the rights of Englishmen to the liberties they had enjoyed before the Provisions of Oxford, and it was easy for Simon to prove that the arbitrary power it gave to the Crown was as contrary to the Charter as to the Provisions themselves. London was the first to reject the decision; in March 1264 its citizens mustered at the call of the town-bell at Saint Paul's, seized the royal officials, and plundered the royal parks. But an army had already mustered in great force at the king's summons, while Leicester found himself deserted by the bulk of the baronage. Every day brought news of ill. A detachment from Scotland joined Henry's forces. The younger De Montfort was taken prisoner. Northampton was captured, the king raised the siege of Rochester, and a rapid march of Earl Simon's only saved London itself from a surprise by Edward. But, betrayed as he was, the Earl remained firm to the cause. He would fight to the end, he said, even were he and his sons left to fight alone. With an army reinforced by 15,000 Londoners, he marched in May to the relief of the Cinque Ports which were now threatened by the king. Even on the march he was forsaken by many of the nobles who followed him. Halting at Fletching in Sussex, a few miles from Lewes, where the royal army was encamped, Earl Simon with the young Earl of Gloucester offered the king compensation for all damage if he would observe the Provisions. Henry's answer was one of defiance, and though numbers were against him, the Earl resolved on battle. His skill as a soldier reversed the advantages of the ground; marching at dawn on the 14th of May he seized the heights eastward of the town, and moved down these slopes to an attack. His men with white crosses on back and breast knelt in prayer before the battle opened, and all but reached the town before their approach was perceived. Edward however opened the fight by a furious charge which broke the Londoners on Leicester's left. In the bitterness of his hatred for the insult to his mother he pursued them for four miles, slaughtering three thousand men. But he returned to find the battle lost. Crowded in the narrow space between the heights and the river Ouse, a space broken by marshes and by the long street of the town, the royalist centre and left were crushed by Earl Simon. The Earl of Cornwall, now King of the Romans, who, as the mocking song of the victors ran, "makede him a castel of a mulne post" ("he weened that the mill-sails were mangonels" goes on the sarcastic verse), was taken prisoner, and Henry himself captured. Edward cut his way into the Priory only to join in his father's surrender.

[Sidenote: Simon's rule]

The victory of Lewes placed Earl Simon at the head of the state. "Now England breathes in the hope of liberty," sang a poet of the time; "the English were despised like dogs, but now they have lifted up their head and their foes are vanquished." But the moderation of the terms agreed upon in the Mise of Lewes, a convention between the king and his captors, shows Simon's sense of the difficulties of his position. The question of the Provisions was again to be submitted to arbitration; and a parliament in June, to which four knights were summoned from every county, placed the administration till this arbitration was complete in the hands of a new council of nine to be nominated by the Earls of Leicester and Gloucester and the patriotic Bishop of Chichester. Responsibility to the community was provided for by the declaration of a right in the body of barons and prelates to remove either of the Three Electors, who in turn could displace or appoint the members of the Council. Such a constitution was of a different order from the cumbrous and oligarchical committees of 1258. But it had little time to work in. The plans for a fresh arbitration broke down. Lewis refused to review his decision, and all schemes for setting fresh judges between the king and his people were defeated by a formal condemnation of the barons' cause issued by the Pope. Triumphant as he was indeed Earl Simon's difficulties thickened every day. The queen with Archbishop Boniface gathered an army in France for an invasion; Roger Mortimer with the border barons was still in arms and only held in check by Llewelyn. It was impossible to make binding terms with an imprisoned king, yet to release Henry without terms was to renew the war. The imprisonment too gave a shock to public feeling which thinned the Earl's ranks. In the new Parliament which he called at the opening of 1265 the weakness of the patriotic party among the baronage was shown in the fact that only twenty-three earls and barons could be found to sit beside the hundred and twenty ecclesiastics.

[Sidenote: Summons of the Commons]

But it was just this sense of his weakness which prompted the Earl to an act that has done more than any incident of this struggle to immortalize his name. Had the strife been simply a strife for power between the king and the baronage the victory of either would have been equally fatal in its results. The success of the one would have doomed England to a royal despotism, that of the other to a feudal aristocracy. Fortunately for our freedom the English baronage had been brought too low by the policy of the kings to be able to withstand the crown single-handed. From the first moment of the contest it had been forced to make its cause a national one. The summons of two knights from each county, elected in its county court, to a Parliament in 1254, even before the opening of the struggle, was a recognition of the political weight of the country gentry which was confirmed by the summons of four knights from every county to the Parliament assembled after the battle of Lewes. The Provisions of Oxford, in stipulating for attendance and counsel on the part of twelve delegates of the "commonalty," gave the first indication of a yet wider appeal to the people at large. But it was the weakness of his party among the baronage at this great crisis which drove Earl Simon to a constitutional change of mighty issue in our history. As before, he summoned two knights from every county. But he created a new force in English politics when he summoned to sit beside them two citizens from every borough. The attendance of delegates from the towns had long been usual in the county courts when any matter respecting their interests was in question; but it was the writ issued by Earl Simon that first summoned the merchant and the trader to sit beside the knight of the shire, the baron, and the bishop in the parliament of the realm.

[Sidenote: Simon's difficulties]

It is only this great event however which enables us to understand the large and prescient nature of Earl Simon's designs. Hardly a few months had passed away since the victory of Lewes when the burghers took their seats at Westminster, yet his government was tottering to its fall. We know little of the Parliament's acts. It seems to have chosen Simon as Justiciar and to have provided for Edward's liberation, though he was still to live under surveillance at Hereford and to surrender his earldom of Chester to Simon, who was thus able to communicate with his Welsh allies. The Earl met the dangers from without with complete success. In September 1264 a general muster of the national forces on Barham Down and a contrary wind put an end to the projects of invasion entertained by the mercenaries whom the queen had collected in Flanders; the threats of France died away into negotiations; the Papal Legate was forbidden to cross the Channel, and his bulls of excommunication were flung into the sea. But the difficulties at home grew more formidable every day. The restraint upon Henry and Edward jarred against the national feeling of loyalty, and estranged the mass of Englishmen who always side with the weak. Small as the patriotic party among the barons had been from the first, it grew smaller as dissensions broke out over the spoils of victory. The Earl's justice and resolve to secure the public peace told heavily against him. John Giffard left him because he refused to allow him to exact ransom from a prisoner, contrary to the agreement made after Lewes. A greater danger opened when the young Earl of Gloucester, though enriched with the estates of the foreigners, held himself aloof from the Justiciar, and resented Leicester's prohibition of a tournament, his naming the wardens of the royal castles by his own authority, his holding Edward's fortresses on the Welsh marches by his own garrisons.

[Sidenote: Edward and Gloucester]

Gloucester's later conduct proves the wisdom of Leicester's precautions. In the spring Parliament of 1265 he openly charged the Earl with violating the Mise of Lewes, with tyranny, and with aiming at the crown. Before its close he withdrew to his own lands in the west and secretly allied himself with Roger Mortimer and the Marcher Barons. Earl Simon soon followed him to the west, taking with him the king and Edward. He moved along the Severn, securing its towns, advanced westward to Hereford, and was marching at the end of May along bad roads into the heart of South Wales to attack the fortresses of Earl Gilbert in Glamorgan when Edward suddenly made his escape from Hereford and joined Gloucester at Ludlow. The moment had been skilfully chosen, and Edward showed a rare ability in the movements by which he took advantage of the Earl's position. Moving rapidly along the Severn he seized Gloucester and the bridges across the river, destroyed the ships by which Leicester strove to escape across the Channel to Bristol, and cut him off altogether from England. By this movement too he placed himself between the Earl and his son Simon, who was advancing from the east to his father's relief. Turning rapidly on this second force Edward surprised it at Kenilworth and drove it with heavy loss within the walls of the castle. But the success was more than compensated by the opportunity which his absence gave to the Earl of breaking the line of the Severn. Taken by surprise and isolated as he was, Simon had been forced to seek for aid and troops in an avowed alliance with Llewelyn, and it was with Welsh reinforcements that he turned to the east. But the seizure of his ships and of the bridges of the Severn held him a prisoner in Edward's grasp, and a fierce attack drove him back, with broken and starving forces, into the Welsh hills. In utter despair he struck northward to Hereford; but the absence of Edward now enabled him on the 2nd of August to throw his troops in boats across the Severn below Worcester. The news drew Edward quickly back in a fruitless counter-march to the river, for the Earl had already reached Evesham by a long night march on the morning of the 4th, while his son, relieved in turn by Edward's counter-march, had pushed in the same night to the little town of Alcester. The two armies were now but some ten miles apart, and their junction seemed secured. But both were spent with long marching, and while the Earl, listening reluctantly to the request of the King who accompanied him, halted at Evesham for mass and dinner, the army of the younger Simon halted for the same purpose at Alcester.

[Sidenote: Battle of Evesham]

"Those two dinners doleful were, alas!" sings Robert of Gloucester; for through the same memorable night Edward was hurrying back from the Severn by country cross-lanes to seize the fatal gap that lay between them. As morning broke his army lay across the road that led northward from Evesham to Alcester. Evesham lies in a loop of the river Avon where it bends to the south; and a height on which Edward ranged his troops closed the one outlet from it save across the river. But a force had been thrown over the river under Mortimer to seize the bridges, and all retreat was thus finally cut off. The approach of Edward's army called Simon to the front, and for the moment he took it for his son's. Though the hope soon died away a touch of soldierly pride moved him as he recognised in the orderly advance of his enemies a proof of his own training. "By the arm of St. James," he cried, "they come on in wise fashion, but it was from me that they learnt it." A glance however satisfied him of the hopelessness of a struggle; it was impossible for a handful of horsemen with a mob of half-armed Welshmen to resist the disciplined knighthood of the royal army. "Let us commend our souls to God," Simon said to the little group around him, "for our bodies are the foe's." He bade Hugh Despenser and the rest of his comrades fly from the field. "If he died," was the noble answer, "they had no will to live." In three hours the butchery was over. The Welsh fled at the first onset like sheep, and were cut ruthlessly down in the cornfields and gardens where they sought refuge. The little group of knights around Simon fought desperately, falling one by one till the Earl was left alone. So terrible were his sword-strokes that he had all but gained the hill-top when a lance-thrust brought his horse to the ground, but Simon still rejected the summons to yield till a blow from behind felled him mortally wounded to the ground. Then with a last cry of "It is God's grace," the soul of the great patriot passed away.

[Sidenote: The Royalist reaction]

The triumphant blare of trumpets which welcomed the rescued king into Evesham, "his men weeping for joy," rang out in bitter contrast to the mourning of the realm. It sounded like the announcement of a reign of terror. The rights and laws for which men had toiled and fought so long seemed to have been swept away in an hour. Every town which had supported Earl Simon was held to be at the king's mercy, its franchises to be forfeited. The Charter of Lynn was annulled; London was marked out as the special object of Henry's vengeance, and the farms and merchandise of its citizens were seized as first-fruits of its plunder. The darkness which on that fatal morning hid their books from the monks of Evesham as they sang in choir was but a presage of the gloom which fell on the religious houses. From Ramsey, from Evesham, from St. Alban's rose the same cry of havoc and rapine. But the plunder of monk and burgess was little to the vast sentence of confiscation which the mere fact of rebellion was held to have passed on all the adherents of Earl Simon. To "disinherit" these of their lands was to confiscate half the estates of the landed gentry of England; but the hotter royalists declared them disinherited, and Henry was quick to lavish their lands away on favourites and foreigners. The very chroniclers of their party recall the pillage with shame. But all thought of resistance lay hushed in a general terror. Even the younger Simon "saw no other rede" than to release his prisoners. His army, after finishing its meal, was again on its march to join the Earl when the news of his defeat met it, heralded by a strange darkness that, rising suddenly in the north-west and following as it were on Edward's track, served to shroud the mutilations and horrors of the battle-field. The news was soon fatally confirmed. Simon himself could see from afar his father's head borne off on a spear-point to be mocked at Wigmore. But the pursuit streamed away southward and westward through the streets of Tewkesbury, heaped with corpses of the panic-struck Welshmen whom the townsmen slaughtered without pity; and there was no attack as the little force fell back through the darkness and big thunder-drops in despair upon Kenilworth. "I may hang up my axe," are the bitter words which a poet attributes to their leader, "for feebly have I gone"; and once within the castle he gave way to a wild sorrow, day after day tasting neither meat nor drink.

[Sidenote: Edward]

He was roused into action again by news of the shameful indignities which the Marcher Lords had offered to the body of the great Earl before whom they had trembled so long. The knights around him broke out at the tidings in a passionate burst of fury, and clamoured for the blood of Richard of Cornwall and his son, who were prisoners in the castle. But Simon had enough nobleness left to interpose. "To God and him alone was it owing" Richard owned afterwards, "that I was snatched from death." The captives were not only saved, but set free. A Parliament had been called at Winchester at the opening of September, and its mere assembly promised an end to the reign of utter lawlessness. A powerful party, too, was known to exist in the royal camp which, hostile as it had shown itself to Earl Simon, shared his love for English liberties, and the liberation of Richard was sure to aid its efforts. At the head of this party stood the young Earl of Gloucester, Gilbert of Clare, to whose action above all the Earl's overthrow was due. And with Gilbert stood Edward himself. The passion for law, the instinct of good government, which were to make his reign so memorable in our history, had declared themselves from the first. He had sided with the barons at the outset of their struggle with Henry; he had striven to keep his father true to the Provisions of Oxford. It was only when the figure of Earl Simon seemed to tower above that of Henry himself, when the Crown seemed falling into bondage, that Edward passed to the royal side; and now that the danger which he dreaded was over he returned to his older attitude. In the first flush of victory, while the doom of Simon was as yet unknown, Edward had stood alone in desiring his captivity against the cry of the Marcher Lords for his blood. When all was done he wept over the corpse of his cousin and playfellow, Henry de Montfort, and followed the Earl's body to the tomb. But great as was Edward's position after the victory of Evesham, his moderate counsels were as yet of little avail. His efforts in fact were met by those of Henry's second son, Edmund, who had received the lands and earldom of Earl Simon, and whom the dread of any restoration of the house of De Montfort set at the head of the ultra-royalists. Nor was any hope of moderation to be found in the Parliament which met in September 1265. It met in the usual temper of a restoration-Parliament to legalize the outrages of the previous month. The prisoners who had been released from the dungeons of the barons poured into Winchester to add fresh violence to the demands of the Marchers. The wives of the captive loyalists and the widows of the slain were summoned to give fresh impulse to the reaction. Their place of meeting added fuel to the fiery passions of the throng, for Winchester was fresh from its pillage by the younger Simon on his way to Kenilworth, and its stubborn loyalty must have been fanned into a flame by the losses it had endured. In such an assembly no voice of moderation could find a hearing. The four bishops who favoured the national cause, the bishops of London and Lincoln, of Worcester and Chichester, were excluded from it, and the heads of the religious houses were summoned for the mere purpose of extortion. Its measures were but a confirmation of the violence which had been wrought. All grants made during the king's "captivity" were revoked. The house of De Montfort was banished from the realm. The charter of London was annulled. The adherents of Earl Simon were disinherited and seizin of their lands was given to the king.

[Sidenote: Simon's Miracles]

Henry at once appointed commissioners to survey and take possession of his spoil while he moved to Windsor to triumph in the humiliation of London. Its mayor and forty of its chief citizens waited in the castle yard only to be thrown into prison in spite of a safe-conduct, and Henry entered his capital in triumph as into an enemy's city. The surrender of Dover came to fill his cup of joy, for Richard and Amaury of Montfort had sailed with the Earl's treasure to enlist foreign mercenaries, and it was by this port that their force was destined to land. But a rising of the prisoners detained there compelled its surrender in October, and the success of the royalists seemed complete. In reality their difficulties were but beginning. Their triumph over Earl Simon had been a triumph over the religious sentiment of the time, and religion avenged itself in its own way. Everywhere the Earl's death was looked upon as a martyrdom; and monk and friar united in praying for the souls of the men who fell at Evesham as for soldiers of Christ. It was soon whispered that heaven was attesting the sanctity of De Montfort by miracles at his tomb. How great was the effect of this belief was seen in the efforts of King and Pope to suppress the miracles, and in their continuance not only through the reign of Edward the First but even in the days of his successor. But its immediate result was a sudden revival of hope. "Sighs are changed into songs of praise," breaks out a monk of the time, "and the greatness of our former joy has come to life again!" Nor was it in miracles alone that the "faithful," as they proudly styled themselves, began to look for relief "from the oppression of the malignants." A monk of St. Alban's who was penning a eulogy of Earl Simon in the midst of this uproar saw the rise of a new spirit of resistance in the streets of the little town. In dread of war it was guarded and strongly closed with bolts and bars, and refused entrance to all strangers, and above all to horsemen, who wished to pass through. The Constable of Hertford, an old foe of the townsmen, boasted that spite of bolts and bars he would enter the place and carry off four of the best villeins captive. He contrived to make his way in; but as he loitered idly about a butcher who passed by heard him ask his men how the wind stood. The butcher guessed his design to burn the town, and felled him to the ground. The blow roused the townsmen. They secured the Constable and his followers, struck off their heads, and fixed them at the four corners of the borough.

[Sidenote: The Younger Simon]

The popular reaction gave fresh heart to the younger Simon. Quitting Kenilworth, he joined in November John D'Eyvill and Baldewin Wake in the Isle of Axholme where the Disinherited were gathering in arms. So fast did horse and foot flow in to him that Edward himself hurried into Lincolnshire to meet this new danger. He saw that the old strife was just breaking out again. The garrison of Kenilworth scoured the country; the men of the Cinque Ports, putting wives and children on board their barks, swept the Channel and harried the coasts; while Llewelyn, who had brought about the dissolution of Parliament by a raid upon Chester, butchered the forces sent against him and was master of the border. The one thing needed to link the forces of resistance together was a head, and such a head the appearance of Simon at Axholme seemed to promise. But Edward was resolute in his plan of conciliation. Arriving before the camp at the close of 1265, he at once entered into negotiations with his cousin, and prevailed on him to quit the island and appear before the king. Richard of Cornwall welcomed Simon at the court, he presented him to Henry as the saviour of his life, and on his promise to surrender Kenilworth Henry gave him the kiss of peace. In spite of the opposition of Roger Mortimer and the Marcher Lords success seemed to be crowning this bold stroke of the peace party when the Earl of Gloucester interposed. Desirous as he was of peace, the blood of De Montfort lay between him and the Earl's sons, and the safety of the one lay in the ruin of the other. In the face of this danger Earl Gilbert threw his weight into the scale of the ultra-royalists, and peace became impossible. The question of restitution was shelved by a reference to arbitrators; and Simon, detained in spite of a safe-conduct, moved in Henry's train at Christmas to witness the surrender of Kenilworth which had been stipulated as the price of his full reconciliation with the king. But hot blood was now stirred again on both sides. The garrison replied to the royal summons by a refusal to surrender. They had received ward of the castle, they said, not from Simon but from the Countess, and to none but her would they give it up. The refusal was not likely to make Simon's position an easier one. On his return to London the award of the arbitrators bound him to quit the realm and not to return save with the assent of king and baronage when all were at peace. He remained for a while in free custody at London; but warnings that he was doomed to lifelong imprisonment drove him to flight, and he finally sought a refuge over sea.

[Sidenote: Ban of Kenilworth]

His escape set England again on fire. Llewelyn wasted the border; the Cinque Ports held the sea; the garrison of Kenilworth pushed their raids as far as Oxford; Baldewin Wake with a band of the Disinherited threw himself into the woods and harried the eastern counties; Sir Adam Gurdon, a knight of gigantic size and renowned prowess, wasted with a smaller party the shires of the south. In almost every county bands of outlaws were seeking a livelihood in rapine and devastation, while the royal treasury stood empty and the enormous fine imposed upon London had been swept into the coffers of French usurers. But a stronger hand than the king's was now at the head of affairs, and Edward met his assailants with untiring energy. King Richard's son, Henry of Almaine, was sent with a large force to the north; Mortimer hurried to hold the Welsh border; Edmund was despatched to Warwick to hold Kenilworth in check; while Edward himself marched at the opening of March to the south. The Berkshire woods were soon cleared, and at Whitsuntide Edward succeeded in dispersing Adam Gurdon's band and in capturing its renowned leader in single combat. The last blow was already given to the rising in the north, where Henry of Almaine surprised the Disinherited at Chesterfield and took their leader, the Earl of Derby, in his bed. Though Edmund had done little but hold the Kenilworth knights in check, the submission of the rest of the country now enabled the royal army to besiege it in force. But the king was penniless, and the Parliament which he called to replenish his treasury in August showed the resolve of the nation that the strife should cease. They would first establish peace, if peace were possible, they said, and then answer the king's demand. Twelve commissioners, with Earl Gilbert at their head, were appointed on Henry's assent to arrange terms on reconciliation. They at once decided that none should be utterly disinherited for their part in the troubles, but that liberty of redemption should be left open to all. Furious at the prospect of being forced to disgorge their spoil, Mortimer and the ultra-royalists broke out in mad threats of violence, even against the life of the Papal legate who had pressed for the reconciliation. But the power of the ultra-royalists was over. The general resolve was not to be shaken by the clamour of a faction, and Mortimer's rout at Brecknock by Llewelyn, the one defeat that chequered the tide of success, had damaged that leader's influence. Backed by Edward and Earl Gilbert, the legate met their opposition with a threat of excommunication, and Mortimer withdrew sullenly from the camp. Fresh trouble in the country and the seizure of the Isle of Ely by a band of the Disinherited quickened the labours of the Twelve. At the close of September they pronounced their award, restoring the lands to all who made submission on a graduated scale of redemption, promising indemnity for all wrong done during the troubles, and leaving the restoration of the house of De Montfort to the royal will. But to these provisions was added an emphatic demand that "the king fully keep and observe those liberties of the Church, charters of liberties, and forest charters, which he is expressly and by his own mouth bound to preserve and keep." "Let the King," they add, "establish on a lasting foundation those concessions which he has hitherto made of his own will and not on compulsion, and those needful ordinances which have been devised by his subjects and by his own good pleasure."

[Sidenote: Close of the Struggle]

With this Award the struggle came to an end. The garrison of Kenilworth held out indeed till November, and the full benefit of the Ban was only secured when Earl Gilbert in the opening of the following year suddenly appeared in arms and occupied London. But the Earl was satisfied, the Disinherited were at last driven from Ely, and Llewelyn was brought to submission by the appearance of an army at Shrewsbury. All was over by the close of 1267. His father's age and weakness, his own brilliant military successes, left Edward practically in possession of the royal power; and his influence at once made itself felt. There was no attempt to return to the misrule of Henry's reign, to his projects of continental aggrandizement or internal despotism. The constitutional system of government for which the Barons had fought was finally adopted by the Crown, and the Parliament of Marlborough which assembled in November 1267 renewed the provisions by which the baronage had remedied the chief abuses of the time in their Provisions of Oxford and Westminster. The appointment of all officers of state indeed was jealously reserved to the crown. But the royal expenditure was brought within bounds. Taxation was only imposed with the assent of the Great Council. So utterly was the land at rest that Edward felt himself free to take the cross in 1268 and to join the Crusade which was being undertaken by St. Lewis of France. He reached Tunis only to find Lewis dead and his enterprise a failure, wintered in Sicily, made his way to Acre in the spring of 1271, and spent more than a year in exploits which want of force prevented from growing into a serious campaign. He was already on his way home when the death of Henry the Third in November 1272 called him to the throne.



CHAPTER IV EDWARD THE FIRST 1272-1307



[Sidenote: Edward's Temper]

In his own day and among his own subjects Edward the First was the object of an almost boundless admiration. He was in the truest sense a national king. At the moment when the last trace of foreign conquest passed away, when the descendants of those who won and those who lost at Senlac blended for ever into an English people, England saw in her ruler no stranger but an Englishman. The national tradition returned in more than the golden hair or the English name which linked him to our earlier kings. Edward's very temper was English to the core. In good as in evil he stands out as the typical representative of the race he ruled, like them wilful and imperious, tenacious of his rights, indomitable in his pride, dogged, stubborn, slow of apprehension, narrow in sympathy, but like them, too, just in the main, unselfish, laborious, conscientious, haughtily observant of truth and self-respect, temperate, reverent of duty, religious. It is this oneness with the character of his people which parts the temper of Edward from what had till now been the temper of his house. He inherited indeed from the Angevins their fierce and passionate wrath; his punishments, when he punished in anger, were without pity; and a priest who ventured at a moment of storm into his presence with a remonstrance dropped dead from sheer fright at his feet. But his nature had nothing of the hard selfishness, the vindictive obstinacy which had so long characterized the house of Anjou. His wrath passed as quickly as it gathered; and for the most part his conduct was that of an impulsive, generous man, trustful, averse from cruelty, prone to forgive. "No man ever asked mercy of me," he said in his old age, "and was refused." The rough soldierly nobleness of his nature broke out in incidents like that at Falkirk where he lay on the bare ground among his men, or in his refusal during a Welsh campaign to drink of the one cask of wine which had been saved from marauders. "It is I who have brought you into this strait," he said to his thirsty fellow-soldiers, "and I will have no advantage of you in meat or drink." Beneath the stern imperiousness of his outer bearing lay in fact a strange tenderness and sensitiveness to affection. Every subject throughout his realm was drawn closer to the king who wept bitterly at the news of his father's death though it gave him a crown, whose fiercest burst of vengeance was called out by an insult to his mother, whose crosses rose as memorials of his love and sorrow at every spot where his wife's bier rested. "I loved her tenderly in her lifetime," wrote Edward to Eleanor's friend, the Abbot of Cluny; "I do not cease to love her now she is dead." And as it was with mother and wife, so it was with his people at large. All the self-concentrated isolation of the foreign kings disappeared in Edward. He was the first English ruler since the Conquest who loved his people with a personal love and craved for their love back again. To his trust in them we owe our Parliament, to his care for them the great statutes which stand in the forefront of our laws. Even in his struggles with her England understood a temper which was so perfectly her own, and the quarrels between king and people during his reign are quarrels where, doggedly as they fought, neither disputant doubted for a moment the worth or affection of the other. Few scenes in our history are more touching than a scene during the long contest over the Charter, when Edward stood face to face with his people in Westminster Hall, and with a sudden burst of tears owned himself frankly in the wrong.

[Sidenote: Influence of Chivalry]

But it was just this sensitiveness, this openness to outer impressions and outer influences, that led to the strange contradictions which meet us in Edward's career. His reign was a time in which a foreign, influence told strongly on our manners, our literature, our national spirit, for the sudden rise of France into a compact and organized monarchy was now making its influence dominant in Western Europe. The "chivalry" so familiar to us in the pages of Froissart, that picturesque mimicry of high sentiment, of heroism, love, and courtesy before which all depth and reality of nobleness disappeared to make room for the coarsest profligacy, the narrowest caste-spirit, and a brutal indifference to human suffering, was specially of French creation. There was a nobleness in Edward's nature from which the baser influences of this chivalry fell away. His life was pure, his piety, save when it stooped to the superstition of the time, manly and sincere, while his high sense of duty saved him from the frivolous self-indulgence of his successors. But he was far from being wholly free from the taint of his age. His passionate desire was to be a model of the fashionable chivalry of his day. His frame was that of a born soldier—tall, deep-chested, long of limb, capable alike of endurance or action, and he shared to the full his people's love of venture and hard fighting. When he encountered Adam Gurdon after Evesham he forced him single-handed to beg for mercy. At the opening of his reign he saved his life by sheer fighting in a tournament at Challon. It was this love of adventure which lent itself to the frivolous unreality of the new chivalry. His fame as a general seemed a small thing to Edward when compared with his fame as a knight. At his "Round Table of Kenilworth" a hundred lords and ladies, "clad all in silk," renewed the faded glories of Arthur's Court. The false air of romance which was soon to turn the gravest political resolutions into outbursts of sentimental feeling appeared in his "Vow of the Swan," when rising at the royal board he swore on the dish before him to avenge on Scotland the murder of Comyn. Chivalry exerted on him a yet more fatal influence in its narrowing of his sympathy to the noble class and in its exclusion of the peasant and the craftsman from all claim to pity. "Knight without reproach" as he was, he looked calmly on at the massacre of the burghers of Berwick, and saw in William Wallace nothing but a common robber.

[Sidenote: Influence of Legality]

The French notion of chivalry had hardly more power over Edward's mind than the French conception of kingship, feudality, and law. The rise of a lawyer class was everywhere hardening customary into written rights, allegiance into subjection, loose ties such as commendation into a definite vassalage. But it was specially through French influence, the influence of St. Lewis and his successors, that the imperial theories of the Roman Law were brought to bear upon this natural tendency of the time. When the "sacred majesty" of the Caesars was transferred by a legal fiction to the royal head of a feudal baronage every constitutional relation was changed. The "defiance" by which a vassal renounced service to his lord became treason, his after resistance "sacrilege." That Edward could appreciate what was sound and noble in the legal spirit around him was shown in his reforms of our judicature and our Parliament; but there was something as congenial to his mind in its definiteness, its rigidity, its narrow technicalities. He was never wilfully unjust, but he was too often captious in his justice, fond of legal chicanery, prompt to take advantage of the letter of the law. The high conception of royalty which he borrowed from St. Lewis united with this legal turn of mind in the worst acts of his reign. Of rights or liberties unregistered in charter or roll Edward would know nothing, while his own good sense was overpowered by the majesty of his crown. It was incredible to him that Scotland should revolt against a legal bargain which made her national independence conditional on the terms extorted from a claimant of her throne; nor could he view in any other light but as treason the resistance of his own baronage to an arbitrary taxation which their fathers had borne.

[Sidenote: His Moral Grandeur]

It is in the anomalies of such a character as this, in its strange mingling of justice and wrong-doing, of grandeur and littleness, that we must look for any fair explanation of much that has since been bitterly blamed in Edward's conduct and policy. But what none of these anomalies can hide from us is the height of moral temper which shows itself in the tenor of his rule. Edward was every inch a king; but his notion of kingship was a lofty and a noble one. He loved power; he believed in his sovereign rights and clung to them with a stubborn tenacity. But his main end in clinging to them was the welfare of his people. Nothing better proves the self-command which he drew from the purpose he set before him than his freedom from the common sin of great rulers—the lust of military glory. He was the first of our kings since William the Conqueror who combined military genius with political capacity; but of the warrior's temper, of the temper that finds delight in war, he had little or none. His freedom from it was the more remarkable that Edward was a great soldier. His strategy in the campaign before Evesham marked him as a consummate general. Earl Simon was forced to admire the skill of his advance on the fatal field, and the operations by which he met the risings that followed it were a model of rapidity and military grasp. In his Welsh campaigns he was soon to show a tenacity and force of will which wrested victory out of the midst of defeat. He could head a furious charge of horse as at Lewes, or organize a commissariat which enabled him to move army after army across the harried Lowlands. In his old age he was quick to discover the value of the English archery and to employ it as a means of victory at Falkirk. But master as he was of the art of war, and forced from time to time to show his mastery in great campaigns, in no single instance was he the assailant. He fought only when he was forced to fight; and when fighting was over he turned back quietly to the work of administration and the making of laws.

[Sidenote: His Political Genius]

War in fact was with Edward simply a means of carrying out the ends of statesmanship, and it was in the character of his statesmanship that his real greatness made itself felt. His policy was an English policy; he was firm to retain what was left of the French dominion of his race, but he abandoned from the first all dreams of recovering the wider dominions which his grandfather had lost. His mind was not on that side of the Channel, but on this. He concentrated his energies on the consolidation and good government of England itself. We can only fairly judge the annexation of Wales or his attempt to annex Scotland if we look on his efforts in either quarter as parts of the same scheme of national administration to which we owe his final establishment of our judicature, our legislation, our parliament. The character of his action was no doubt determined in great part by the general mood of his age, an age whose special task and aim seemed to be that of reducing to distinct form the principles which had sprung into a new and vigorous life during the age which preceded it. As the opening of the thirteenth century had been an age of founders, creators, discoverers, so its close was an age of lawyers, of rulers such as St. Lewis of France or Alfonso the Wise of Castille, organizers, administrators, framers of laws and institutions. It was to this class that Edward himself belonged. He had little of creative genius, of political originality, but he possessed in a high degree the passion for order and good government, the faculty of organization, and a love of law which broke out even in the legal chicanery to which he sometimes stooped. In the judicial reforms to which so much of his attention was directed he showed himself, if not an "English Justinian," at any rate a clear-sighted and judicious man of business, developing, reforming, bringing into a shape which has borne the test of five centuries' experience the institutions of his predecessors. If the excellence of a statesman's work is to be measured by its duration and the faculty it has shown of adapting itself to the growth and developement of a nation, then the work of Edward rises to the highest standard of excellence. Our law courts preserve to this very day the form which he gave them. Mighty as has been the growth of our Parliament, it has grown on the lines which he laid down. The great roll of English Statutes reaches back in unbroken series to the Statutes of Edward. The routine of the first Henry, the administrative changes which had been imposed on the nation by the clear head and imperious will of the second, were transformed under Edward into a political organization with carefully-defined limits, directed not by the king's will alone but by the political impulse of the people at large. His social legislation was based in the same fashion on principles which had already been brought into practical working by Henry the Second. It was no doubt in great measure owing to this practical sense of its financial and administrative value rather than to any foresight of its political importance that we owe Edward's organization of our Parliament. But if the institutions which we commonly associate with his name owe their origin to others, they owe their form and their perpetuity to him.

[Sidenote: Constitutional Aspect of his Reign]

The king's English policy, like his English name, was in fact the sign of a new epoch. England was made. The long period of national formation had come practically to an end. With the reign of Edward begins the constitutional England in which we live. It is not that any chasm separates our history before it from our history after it as the chasm of the Revolution divides the history of France, for we have traced the rudiments of our constitution to the first moment of the English settlement in Britain. But it is with these as with our language. The tongue of AElfred is the very tongue we speak, but in spite of its identity with modern English it has to be learned like the tongue of a stranger. On the other hand, the English of Chaucer is almost as intelligible as our own. In the first the historian and philologer can study the origin and developement of our national speech, in the last a schoolboy can enjoy the story of Troilus and Cressida or listen to the gay chat of the Canterbury Pilgrims. In precisely the same way a knowledge of our earliest laws is indispensable for the right understanding of later legislation, its origin and its developement, while the principles of our Parliamentary system must necessarily be studied in the Meetings of Wise Men before the Conquest or the Great Council of barons after it. But the Parliaments which Edward gathered at the close of his reign are not merely illustrative of the history of later Parliaments, they are absolutely identical with those which still sit at St. Stephen's. At the close of his reign King, Lords, Commons, the Courts of Justice, the forms of public administration, the relations of Church and State, all local divisions and provincial jurisdictions, in great measure the framework of society itself, have taken the shape which they essentially retain. In a word the long struggle of the constitution for actual existence has come to an end. The contests which follow are not contests that tell, like those that preceded them, on the actual fabric of our institutions; they are simply stages in the rough discipline by which England has learned and is still learning how best to use and how wisely to develope the latent powers of its national life, how to adjust the balance of its social and political forces, how to adapt its constitutional forms to the varying conditions of the time.

[Sidenote: The Earlier Finance]

The news of his father's death found Edward at Capua in the opening of 1273; but the quiet of his realm under a regency of which Roger Mortimer was the practical head left him free to move slowly homewards. Two of his acts while thus journeying through Italy show that his mind was already dwelling on the state of English finance and of English law. His visit to the Pope at Orvieto was with a view of gaining permission to levy from the clergy a tenth of their income for the three coming years, while he drew from Bologna its most eminent jurist, Francesco Accursi, to aid in the task of legal reform. At Paris he did homage to Philip the Third for his French possessions, and then turning southward he devoted a year to the ordering of Gascony. It was not till the summer of 1274 that the king reached England. But he had already planned the work he had to do, and the measures which he laid before the Parliament of 1275 were signs of the spirit in which he was to set about it. The First Statute of Westminster was rather a code than a statute. It contained no less than fifty-one clauses, and was an attempt to summarize a number of previous enactments contained in the Great Charter, the Provisions of Oxford, and the Statute of Marlborough, as well as to embody some of the administrative measures of Henry the Second and his son. But a more pressing need than that of a codification of the law was the need of a reorganization of finance. While the necessities of the Crown were growing with the widening of its range of administrative action, the revenues of the Crown admitted of no corresponding expansion. In the earliest times of our history the outgoings of the Crown were as small as its income. All local expenses, whether for justice or road-making or fortress-building, were paid by local funds; and the national "fyrd" served at its own cost in the field. The produce of a king's private estates with the provisions due to him from the public lands scattered over each county, whether gathered by the king himself as he moved over his realm, or as in later days fixed at a stated rate and collected by his sheriff, were sufficient to defray the mere expenses of the Court. The Danish wars gave the first shock to this simple system. To raise a ransom which freed the land from the invader, the first land-tax, under the name of the Danegeld, was laid on every hide of ground; and to this national taxation the Norman kings added the feudal burthens of the new military estates created by the Conquest, reliefs paid on inheritance, profits of marriages and wardship, and the three feudal aids. But foreign warfare soon exhausted these means of revenue; the barons and bishops in their Great Council were called on at each emergency for a grant from their lands, and at each grant a corresponding demand was made by the king as a landlord on the towns, as lying for the most part in the royal demesne. The cessation of Danegeld under Henry the Second and his levy of scutage made little change in the general incidence of taxation: it still fell wholly on the land, for even the townsmen paid as holders of their tenements. But a new principle of taxation was disclosed in the tithe levied for a Crusade at the close of Henry's reign. Land was no longer the only source of wealth. The growth of national prosperity, of trade and commerce, was creating a mass of personal property which offered irresistible temptations to the Angevin financiers. The old revenue from landed property was restricted and lessened by usage and compositions. Scutage was only due for foreign campaigns: the feudal aids only on rare and stated occasions: and though the fines from the shire-courts grew with the growth of society the dues from the public lands were fixed and incapable of developement. But no usage fettered the Crown in dealing with personal property, and its growth in value promised a growing revenue. From the close of Henry the Second's reign therefore this became the most common form of taxation. Grants of from a seventh to a thirtieth of moveables, household-property, and stock were demanded; and it was the necessity of procuring their assent to these demands which enabled the baronage through the reign of Henry the Third to bring a financial pressure to bear on the Crown.

[Sidenote: Indirect Taxation]

But in addition to these two forms of direct taxation indirect taxation also was coming more and more to the front. The right of the king to grant licences to bring goods into or to trade within the realm, a right springing from the need for his protection felt by the strangers who came there for purposes of traffic, laid the foundation of our taxes on imports. Those on exports were only a part of the general system of taxing personal property which we have already noticed. How tempting this source of revenue was proving we see from a provision of the Great Charter which forbids the levy of more than the ancient customs on merchants entering or leaving the realm. Commerce was in fact growing with the growing wealth of the people. The crowd of civil and ecclesiastical buildings which date from this period shows the prosperity of the country. Christian architecture reached its highest beauty in the opening of Edward's reign; a reign marked by the completion of the abbey church of Westminster and of the cathedral church at Salisbury. An English noble was proud to be styled "an incomparable builder," while some traces of the art which was rising into life across the Alps flowed in, it may be, with the Italian ecclesiastics whom the Papacy forced on the English Church. The shrine of the Confessor at Westminster, the mosaic pavement beside the altar of the abbey, the paintings on the walls of its chapterhouse remind us of the schools which were springing up under Giotto and the Pisans. But the wealth which this art progress shows drew trade to English shores. England was as yet simply an agricultural country. Gascony sent her wines; her linens were furnished by the looms of Ghent and Liege; Genoese vessels brought to her fairs the silks, the velvets, the glass of Italy. In the barks of the Hanse merchants came fur and amber from the Baltic, herrings, pitch, timber, and naval stores from the countries of the north. Spain sent us iron and war-horses. Milan sent armour. The great Venetian merchant-galleys touched the southern coasts and left in our ports the dates of Egypt, the figs and currants of Greece, the silk of Sicily, the sugar of Cyprus and Crete, the spices of the Eastern seas. Capital too came from abroad. The bankers of Florence and Lucca were busy with loans to the court or vast contracts with the wool-growers. The bankers of Cahors had already dealt a death-blow to the usury of the Jew. Against all this England had few exports to set. The lead supplied by the mines of Derbyshire, the salt of the Worcestershire springs, the iron of the Weald, were almost wholly consumed at home. The one metal export of any worth was that of tin from the tin-mines of Cornwall. But the production of wool was fast becoming a main element of the nation's wealth. Flanders, the great manufacturing country of the time, lay fronting our eastern coast; and with this market close at hand the pastures of England found more and more profit in the supply of wool. The Cistercian order which possessed vast ranges of moorland in Yorkshire became famous as wool-growers; and their wool had been seized for Richard's ransom. The Florentine merchants were developing this trade by their immense contracts; we find a single company of merchants contracting for the purchase of the Cistercian wool throughout the year. It was after counsel with the Italian bankers that Edward devised his scheme for drawing a permanent revenue from this source. In the Parliament of 1275 he obtained the grant of half a mark, or six shillings and eightpence, on each sack of wool exported; and this grant, a grant memorable as forming the first legal foundation of our customs-revenue, at once relieved the necessities of the Crown.

[Sidenote: Welsh Campaign]

The grant of the wool tax enabled Edward in fact to deal with the great difficulty of his realm. The troubles of the Barons' war, the need which Earl Simon felt of Llewelyn's alliance to hold in check the Marcher Barons, had all but shaken off from Wales the last traces of dependence. Even at the close of the war the threat of an attack from the now united kingdom only forced Llewelyn to submission on a practical acknowledgement of his sovereignty. Although the title which Llewelyn ap Jorwerth claimed of Prince of North Wales was recognized by the English court in the earlier days of Henry the Third, it was withdrawn after 1229 and its claimant known only as Prince of Aberffraw. But the loftier title of Prince of Wales which Llewelyn ap Gruffydd assumed in 1256 was formally conceded to him in 1267, and his right to receive homage from the other nobles of his principality was formally sanctioned. Near however as he seemed to the final realization of his aims, Llewelyn was still a vassal of the English Crown, and the accession of Edward to the throne was at once followed by the demand of homage. But the summons was fruitless; and the next two years were wasted in as fruitless negotiation. The kingdom, however, was now well in hand. The royal treasury was filled again, and in 1277 Edward marched on North Wales. The fabric of Welsh greatness fell at a single blow. The chieftains who had so lately sworn fealty to Llewelyn in the southern and central parts of the country deserted him to join his English enemies in their attack; an English fleet reduced Anglesea; and the Prince was cooped up in his mountain fastnesses and forced to throw himself on Edward's mercy. With characteristic moderation the conqueror contented himself with adding to the English dominions the coast-district as far as Conway and with providing that the title of Prince of Wales should cease at Llewelyn's death. A heavy fine which he had incurred by his refusal to do homage was remitted; and Eleanor, a daughter of Earl Simon of Montfort whom he had sought as his wife but who had been arrested on her way to him, was wedded to the Prince at Edward's court.

[Sidenote: Judicial Reforms]

For four years all was quiet across the Welsh Marches, and Edward was able again to turn his attention to the work of internal reconstruction. It is probably to this time, certainly to the earlier years of his reign, that we may attribute his modification of our judicial system. The King's Court was divided into three distinct tribunals, the Court of Exchequer which took cognizance of all causes in which the royal revenue was concerned; the Court of Common Pleas for suits between private persons; and the King's Bench, which had jurisdiction in all matters that affected the sovereign as well as in "pleas of the crown" or criminal causes expressly reserved for his decision. Each court was now provided with a distinct staff of judges.

Of yet greater importance than this change, which was in effect but the completion of a process of severance that had long been going on, was the establishment of an equitable jurisdiction side by side with that of the common law. In his reform of 1178 Henry the Second broke up the older King's Court, which had till then served as the final Court of Appeal, by the severance of the purely legal judges who had been gradually added to it from the general body of his councillors. The judges thus severed from the Council retained the name and the ordinary jurisdiction of "the King's Court," but the mere fact of their severance changed in an essential way the character of the justice they dispensed. The King in Council wielded a power which was not only judicial but executive; his decisions though based upon custom were not fettered by it, they wore the expressions of his will, and it was as his will that they were carried out by officers of the Crown. But the separate bench of judges had no longer this unlimited power at their command. They had not the king's right as representative of the community to make the law for the redress of a wrong. They professed simply to declare what the existing law was, even if it was insufficient for the full purpose of redress. The authority of their decision rested mainly on their adhesion to ancient custom or as it was styled the "common law" which had grown up in the past. They could enforce their decisions only by directions to an independent officer, the sheriff, and here again their right was soon rigidly bounded by set form and custom. These bonds in fact became tighter every day, for their decisions were now beginning to be reported, and the cases decided by one bench of judges became authorities for their successors. It is plain that such a state of things has the utmost value in many ways, whether in creating in men's minds that impersonal notion of a sovereign law which exercises its imaginative force on human action, or in furnishing by the accumulation and sacredness of precedents a barrier against the invasion of arbitrary power. But it threw a terrible obstacle in the way of the actual redress of wrong. The increasing complexity of human action as civilization advanced outstripped the efforts of the law. Sometimes ancient custom furnished no redress for a wrong which sprang from modern circumstances. Sometimes the very pedantry and inflexibility of the law itself became in individual cases the highest injustice.

[Sidenote: Equitable Jurisdiction]

It was the consciousness of this that made men cling even from the first moment of the independent existence of these courts to the judicial power which still remained inherent in the Crown itself. If his courts fell short in any matter the duty of the king to do justice to all still remained, and it was this obligation which was recognized in the provision of Henry the Second by which all cases in which his judges failed to do justice were reserved for the special cognizance of the royal Council itself. To this final jurisdiction of the King in Council Edward gave a wide developement. His assembly of the ministers, the higher permanent officials, and the law officers of the Crown for the first time reserved to itself in its judicial capacity the correction of all breaches of the law which the lower courts had failed to repress, whether from weakness, partiality, or corruption, and especially of those lawless outbreaks of the more powerful baronage which defied the common authority of the judges. Such powers were of course capable of terrible abuse, and it shows what real need there was felt to be for their exercise that though regarded with jealousy by Parliament the jurisdiction of the royal Council appears to have been steadily put into force through the two centuries which followed. In the reign of Henry the Seventh it took legal and statutory form in the shape of the Court of Star Chamber, and its powers are still exercised in our own day by the Judicial Committee of the Privy Council. But the same duty of the Crown to do justice where its courts fell short of giving due redress for wrong expressed itself in the jurisdiction of the Chancellor. This great officer of State, who had perhaps originally acted only as President of the Council when discharging its judicial functions, acquired at a very early date an independent judicial position of the same nature. It is by remembering this origin of the Court of Chancery that we understand the nature of the powers it gradually acquired. All grievances of the subject, especially those which sprang from the misconduct of government officials or of powerful oppressors, fell within its cognizance as they fell within that of the Royal Council, and to these were added disputes respecting the wardship of infants, dower, rent-charges, or tithes. Its equitable jurisdiction sprang from the defective nature and the technical and unbending rules of the common law. As the Council had given redress in cases where law became injustice, so the Court of Chancery interfered without regard to the rules of procedure adopted by the common law courts on the petition of a party for whose grievance the common law provided no adequate remedy. An analogous extension of his powers enabled the Chancellor to afford relief in cases of fraud, accident, or abuse of trust, and this side of his jurisdiction was largely extended at a later time by the results of legislation on the tenure of land by ecclesiastical bodies. The separate powers of the Chancellor, whatever was the original date at which they were first exercised, seem to have been thoroughly established under Edward the First.

[Sidenote: Law and the Baronage]

What reconciled the nation to the exercise of powers such as these by the Crown and its council was the need which was still to exist for centuries of an effective means of bringing the baronage within the reach of the law. Constitutionally the position of the English nobles had now become established. A king could no longer make laws or levy taxes or even make war without their assent. The nation reposed in them an unwavering trust, for they were no longer the brutal foreigners from whose violence the strong hand of a Norman ruler had been needed to protect his subjects; they were as English as the peasant or the trader. They had won English liberty by their swords, and the tradition of their order bound them to look on themselves as its natural guardians. The close of the Barons' War solved the problem which had so long troubled the realm, the problem how to ensure the government of the realm in accordance with the provisions of the Great Charter, by the transfer of the business of administration into the hands of a standing committee of the greater barons and prelates, acting as chief officers of state in conjunction with specially appointed ministers of the Crown. The body thus composed was known as the Continual Council; and the quiet government of the kingdom by this body in the long interval between the death of Henry the Third and his son's return shows how effective this rule of the nobles was. It is significant of the new relation which they were to strive to establish between themselves and the Crown that in the brief which announced Edward's accession the Council asserted that the new monarch mounted his throne "by the will of the peers." But while the political influence of the baronage as a leading element in the whole nation thus steadily mounted, the personal and purely feudal power of each individual baron on his own estates as steadily fell. The hold which the Crown gained on every noble family by its rights of wardship and marriage, the circuits of the royal judges, the ever-narrowing bounds within which baronial justice saw itself circumscribed, the blow dealt by scutage at their military power, the prompt intervention of the Council in their feuds, lowered the nobles more and more to the common level of their fellow subjects. Much yet remained to be done; for within the general body of the baronage there existed side by side with the nobles whose aims were purely national nobles who saw in the overthrow of the royal despotism simply a chance of setting up again their feudal privileges; and different as the English baronage, taken as a whole, was from a feudal noblesse like that of Germany or France there is in every military class a natural drift towards violence and lawlessness. Throughout Edward's reign his strong hand was needed to enforce order on warring nobles. Great earls, such as those of Gloucester and Hereford, carried on private war; in Shropshire the Earl of Arundel waged his feud with Fulk Fitz Warine. To the lesser and poorer nobles the wealth of the trader, the long wain of goods as it passed along the highway, remained a tempting prey. Once, under cover of a mock tournament of monks against canons, a band of country gentlemen succeeded in introducing themselves into the great merchant fair at Boston; at nightfall every booth was on fire, the merchants robbed and slaughtered, and the booty carried off to ships which lay ready at the quay. Streams of gold and silver, ran the tale of popular horror, flowed melted down the gutters to the sea; "all the money in England could hardly make good the loss." Even at the close of Edward's reign lawless bands of "trail-bastons," or club-men, maintained themselves by general outrage, aided the country nobles in their feuds, and wrested money and goods from the great tradesmen.

[Sidenote: Edward and the Baronage]

The king was strong enough to face and imprison the warring earls, to hang the chiefs of the Boston marauders, and to suppress the outlaws by rigorous commissions. But the repression of baronial outrage was only a part of Edward's policy in relation to the Baronage. Here, as elsewhere, he had to carry out the political policy of his house, a policy defined by the great measures of Henry the Second, his institution of scutage, his general assize of arms, his extension of the itinerant judicature of the royal judges. Forced by the first to an exact discharge of their military duties to the Crown, set by the second in the midst of a people trained equally with the nobles to arms, their judicial tyranny curbed and subjected to the king's justice by the third, the barons had been forced from their old standpoint of an isolated class to the new and nobler position of a people's leaders. Edward watched jealously over the ground which the Crown had gained. Immediately after his landing he appointed a commission of enquiry into the judicial franchises then existing, and on its report (of which the existing "Hundred-Rolls" are the result) itinerant justices were sent in 1278 to discover by what right these franchises were held. The writs of "quo warranto" were roughly met here and there. Earl Warenne bared a rusty sword and flung it on the justices' table. "This, sirs," he said, "is my warrant. By the sword our fathers won their lands when they came over with the Conqueror, and by the sword we will keep them." But the king was far from limiting himself to the mere carrying out of the plans of Henry the Second. Henry had aimed simply at lowering the power of the great feudatories; Edward aimed rather at neutralizing their power by raising the whole body of landowners to the same level. We shall see at a later time the measures which were the issues of this policy, but in the very opening of his reign a significant step pointed to the king's drift. In the summer of 1278 a royal writ ordered all freeholders who held lands to the value of twenty pounds to receive knighthood at the king's hands.

[Sidenote: Edward and the Church]

Acts as significant announced Edward's purpose of carrying out another side of Henry's policy, that of limiting in the same way the independent jurisdiction of the Church. He was resolute to force it to become thoroughly national by bearing its due part of the common national burthens, and to break its growing dependence upon Rome. But the ecclesiastical body was jealous of its position as a power distinct from the power of the Crown, and Edward's policy had hardly declared itself when in 1279 Archbishop Peckham obtained a canon from the clergy by which copies of the Great Charter, with its provisions in favour of the liberties of the Church, were to be affixed to the doors of churches. The step was meant as a defiant protest against all interference, and it was promptly forbidden. An order issued by the Primate to the clergy to declare to their flocks the sentences of excommunication directed against all who obtained royal writs to obstruct suits in church courts, or who, whether royal officers or no, neglected to enforce their sentences, was answered in a yet more emphatic way. By falling into the "dead hand" or "mortmain" of the Church land ceased to render its feudal services; and in 1279 the Statute "de Religiosis," or as it is commonly called "of Mortmain," forbade any further alienation of land to religious bodies in such wise that it should cease to render its due service to the king. The restriction was probably no beneficial one to the country at large, for Churchmen were the best landlords, and it was soon evaded by the ingenuity of the clerical lawyers; but it marked the growing jealousy of any attempt to set aside what was national from serving the general need and profit of the nation. Its immediate effect was to stir the clergy to a bitter resentment. But Edward remained firm, and when the bishops proposed to restrict the royal courts from dealing with cases of patronage or causes which touched the chattels of Churchmen he met their proposals by an instant prohibition.

[Sidenote: Conquest of Wales]

The resentment of the clergy had soon the means of showing itself during a new struggle with Wales. The persuasions of his brother David, who had deserted him in the previous war but who deemed his desertion insufficiently rewarded by an English lordship, roused Llewelyn to a fresh revolt. A prophecy of Merlin was said to promise that when English money became round a Prince of Wales should be crowned in London; and at this moment a new coinage of copper money, coupled with a prohibition to break the silver penny into halves and quarters, as had been commonly done, was supposed to fulfil the prediction. In 1282 Edward marched in overpowering strength into the heart of Wales. But Llewelyn held out in Snowdon with the stubbornness of despair, and the rout of an English force which had crossed into Anglesea prolonged the contest into the winter. The cost of the war fell on the king's treasury. Edward had called for but one general grant through the past eight years of his reign; but he was now forced to appeal to his people, and by an expedient hitherto without precedent two provincial Councils were called for this purpose. That for Southern England met at Northampton, that for Northern at York; and clergy and laity were summoned, though in separate session, to both. Two knights came from every shire, two burgesses from every borough, while the bishops brought their archdeacons, abbots, and the proctors of their cathedral clergy. The grant of the laity was quick and liberal. But both at York and Northampton the clergy showed their grudge at Edward's measures by long delays in supplying his treasury. Pinched however as were his resources and terrible as were the sufferings of his army through the winter Edward's firmness remained unbroken; and rejecting all suggestions of retreat he issued orders for the formation of a new army at Caermarthen to complete the circle of investment round Llewelyn. But the war came suddenly to an end. The Prince sallied from his mountain hold for a raid upon Radnorshire and fell in a petty skirmish on the banks of the Wye. With him died the independence of his race. After six months of flight his brother David was made prisoner; and a Parliament summoned at Shrewsbury in the autumn of 1283, to which each county again sent its two knights and twenty boroughs their two burgesses, sentenced him to a traitor's death. The submission of the lesser chieftains soon followed: and the country was secured by the building of strong castles at Conway and Caernarvon, and the settlement of English barons on the confiscated soil. The Statute of Wales which Edward promulgated at Rhuddlan in 1284 proposed to introduce English law and the English administration of justice and government into Wales. But little came of the attempt; and it was not till the time of Henry the Eighth that the country was actually incorporated with England and represented in the English Parliament. What Edward had really done was to break the Welsh resistance. The policy with which he followed up his victory (for the "massacre of the bards" is a mere fable) accomplished its end, and though two later rebellions and a ceaseless strife of the natives with the English towns in their midst showed that the country was still far from being reconciled to its conquest, it ceased to be any serious danger to England for a hundred years.

[Sidenote: New Legislation]

From the work of conquest Edward again turned to the work of legislation. In the midst of his struggle with Wales he had shown his care for the commercial classes by a Statute of Merchants in 1283, which provided for the registration of the debts of leaders and for their recovery by distraint of the debtor's goods and the imprisonment of his person. The close of the war saw two measures of even greater importance. The second Statute of Westminster which appeared in 1285 is a code of the same sort as the first, amending the Statutes of Mortmain, of Merton, and of Gloucester, as well as the laws of dower and advowson, remodelling the system of justices of assize, and curbing the abuses of manorial jurisdiction. In the same year appeared the greatest of Edward's measures for the enforcement of public order. The Statute of Winchester revived and reorganized the old institutions of national police and national defence. It regulated the action of the hundred, the duty of watch and ward, and the gathering of the fyrd or militia of the realm as Henry the Second had moulded it into form in his Assize of Arms. Every man was bound to hold himself in readiness, duly armed, for the king's service in case of invasion or revolt, and to pursue felons when hue and cry was made after them. Every district was held responsible for crimes committed within its bounds; the gates of each town were to be shut at nightfall; and all strangers were required to give an account of themselves to the magistrates of any borough which they entered. By a provision which illustrates at once the social and physical condition of the country at the time all brushwood was ordered to be destroyed within a space of two hundred feet on either side of the public highway as a security for travellers against sudden attacks from robbers. To enforce the observance of this act knights were appointed in every shire under the name of Conservators of the Peace, a name which as the benefit of these local magistrates was more sensibly felt and their powers were more largely extended was changed into that which they still retain of Justices of the Peace. So orderly however was the realm that Edward was able in 1286 to pass over sea to his foreign dominions, and to spend the next three years in reforming their government. But the want of his guiding hand was at last felt; and the Parliament of 1289 refused a new tax till the king came home again.