John Richard Green

History of the English People (Vol. 1-8)


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nobles in their feuds, and wrested money and goods from the great tradesmen.

      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.

      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.

      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.

      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